Loading...
HomeMy WebLinkAboutN&J Management Co, LLC1000-113-13-1.4 (f/k/a 1000-113-13-p/o 1.2) Baseline Documentation Premises: 4735 Westphalia Road Mattituck, New York 16.570 acres Development Rights Easement N&J MANAGEMENT CO., LLC to TOWN OF SOUTHOLD Deed dated June 20, 2007 Recorded July 11, 2007 Suffolk County Clerk - Liber D00012513, Page 074 SCTM #: Premises: 1000-113-13-1.4 (f/k/a 1000-113-13-p/o 1.2) 4735 Westphalia Road Hamlet: Mattituck Purchase Price: Funding: $1,118,192.00 (16.444 buildable acres $68,000/acre) Community Preservation Funds (2% land bank) and NYS Ag & Markets Grant ($74,615.00) CPF Project Plan: Yes Total Parcel Acreage: Development Rights: 17.57 acres 16.570 easement acres (includes .0.126 acre wetlands area excluded from purchase price) Reserved Area: 1.0 acres Zoned: R-80 Existing Improvements: In June 2007 - Greenhouse nursery operation with plastic & metal framed greenhouses, pump house, shed, framed barn, concrete slaps, wire fencing, wood wall, planting beds, wooded areas, berm VALUATION WITH DEVELOPMENT RIGHTS DESCRIPTION LAND The subject is a parcel of land having an area of 16.60_+ acres. It is part of a larger parcel which has an irregular shape with 712_+' of frontage along the southerly side of Westphalia Road, an irregular easterly border which runs a total distance of 1,059_+', a southerly border of 844_+', and a westerly border of 964_+'. The subject is a 16.60_+ acre portion of the above described property. The appraisers have not been furnished a survey depicting the actual subject portion of the property, but have been instructed to presume that it would include the subject improvements and be located at the northeasterly most corner, and that the subject would retain sufficient access to Westphalia Road to permit development of a residential subdivision. The above dimensions are taken from the last deed of record and the Suffolk County Tax Map. Utilities (electric and telephone) are available along the property's road frontage. Westphalia Road is a two way, two lane, publicly maintained macadam paved road. Public water is not available to the subject. _GIVEN DESCRIPTION (CONTINUED) LAND (CONTINUED) In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion. The property has a generally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is vacant. Land use surrounding the subject is primarily vacant, or improved residential properties. Land abutting the subject on its southerly side is owned by the County of Suffolk Parks Department. 2. IMPROVEMENTS The subject is appraised as vacant land. B. PRESENT USE AND OCCUPANCY The subject is appraised as presently vacant and in use for agricultural purposes. .GIVEN 2o A P P R A I S A L M O T I O N S LAND PRESERVATION COMMITTEE MEETING TUESDAY, JULY 1, 2003 ~ 7:30 P-M. MINUTES Present were: Ray Blum, John Sepenoski, Bill Edwards, Fred Lee, Melissa Spiro and Tom Wickham. Norman Keil - 113-13-1.2 - It is just north of"Strawberry Fields". A motion was made by Ray Blum and seconded by John Sep to have an appraisal done on this in iccordance with the instructions of the application. All were in favor. LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, January 10, 2006 Members Present: Members Absent: Also present: Ray Bium, Chairman Ray Huntington Michelle Zaloom John Sepenoski Fred Lee Eric Keil (7:26 p.m.) Craig Arm Melissa Spiro, Land Preservation Coordinator Melanie Doreski, Land Preservation Secretary Al Krupski, Town Board Liaison Tim Caufield, Peconic Land Trust Vice President Commencement: · The meeting began at 7:11 p.m. with five LPC members present. Applications: The members entered into EXECUTIVE SESSION, · N&J MANAGEMENT CO. PROPERTY (TPDR) rexecutive session]: SCTM #: Location: Total Acreage: PDR Acreage: Zoned: CPF: 1000-113-13-1.2 4735 Westphalia Rd, Mattituck +17.32 acres ±15-16 acres R-80 Yes Reviewed request to re-evaluate offer. [executive session] Eric Keil absented himself from the conference room during discussion of this project. MOTION made by John Sepenoski, seconded by Ray Huntington, to direct Melissa Spiro to commission an updated appraisal from Given Associates being that the appraisal on file is from the year 2003. Motion carried 5/0. (Eric Keil recused from vote). END OF EXECUTIVE SESSION LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, November 21, 2006 Membem Present: Members Absent: Also Present: Ray Huntington Michelle Zaloom John Sepenoski Chris Baiz Ray Blum, Chairman Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Lillian Ball Eric Keil (excused 9:20 p.m.) Commencement: · The meeting began at 7:10 p.m. with six LPC members present. Adoption of Meeting Minutes: · Adoption of LPC meeting minutes from November 9, 2006 MOTION made by Ray Huntington, seconded by Chds Baiz, to accept the minutes of November 9, 2006. Motion carried 5/0/1 (MichelleZaloom abstained) Inquiries: · N&J MANAGEMENT CO. PROPERTY (TPDR) ]executive session] SCTM #: 1000-113-13-1.2 PDR Acreage: + 15-16 acres Location: 4735 Westphalia Rd, Mattituck Zoned: R-80 Total Acreage: -+17.32 acres CPF: Yes Reviewed status of offer [executive session]. ~ ¢~rr~tt- ~ cpc_ Eric Keil excused from meeting at this time due to family relationship with owner, j~l'~ ~ ~'H~t~ Landowner contacted Melissa regarding a "like-kind exchange", and request to LPC to raise pumhase price offer per acre. MOTION made by John Sepenoski, seconded by Ray Huntington, to direct Melissa Spiro to contact appraiser for an update to appraisal and present a new purchase offer to landowner if backed by update to appraisal. Landowner to have thirty (30) days from date of offer letter to agree to terms. This project is eligible for State grant funding. Motion carried 5lQ (Eric Keil recused) END OF EXECUTIVE SESSION P R 0 P E R T Y V I S U A L S N ~^~FFFUC~ OF {- Tax_Map Location 75 I I I I I I I I I I I I 1 SUBJECT PHOTOGRAPHS View of Subject - Facing Southerly ~GIVEN TM I I I I I I I I I I I I I SUBJECT PHOTOGRAPHS View Westerly Along Westphalia Road View Easterly Along Westphalia Road ~.GIVEN I SUBJECT PHOTOG~PH__S ~' i ! I 1 ! ! II ! ! I I  ) ADDITIONAL SUBJECT VIEW I ! I I i I I ! 1 ! 1 I SUBJECT PHOTOGRAPHS STREET VIEW FACING EAST ALONG WESTPHALIA AVENUE STREET VIEW FACING WEST ALONG WESTPHALIA AVENUE ~_GIVEN 73 E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment N&J Property 1 ..._~0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property consists of 16.5 acres of a 17.5 acre parcel located in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York and is situated on Westphalia Avenue directly south of Howard Avenue. The property can be further identified as Suffolk County Tax Map # 1000-113-13-p/o 1.2. The site is generally rectangular in shape and is used as an active greenhouse nursery operation. The one (1) acre portion of the larger parcel (not the subject of this Phase I ESA), is occupied by a single family residence used by the nursery manager. A large portion of the site is covered with landscaping textile sheeting commonly found covering the floors of nurseries and is used to prevent vegetation growth over the cleared areas of the property. The subject property is occupied by several structures, located primarily in the eastern side of the site, which consist of one (1) barn, one (1) equipment storage greenhouse and eleven (11) landscape stock greenhouses. Other structures on the site consist of a subsurface pump house located in the northern end of the property as well as a shed and two (2) camper trailers located in the southwestern comer of the property. Details of the on-site structures and on-site facilities are provided below. All of the greenhouses consist of metal tubular frames draped with opaque plastic sheeting and landscape textile sheeting floors. The only exception with regard to the floors was the equipment storage greenhouse which had a concrete slab floor. The barn consisted of a wood framed structure constructed above a concrete basement. Interior and exterior walls consisted of bare wood and the roof was covered with asphalt shingles. The shed consists of a wood framed structure with painted wood exterior walls and an asphalt shingle roof. The shed rests above a concrete slab and access could not be obtained to inspect the building interior. The camper trailers have had their wheels removed and rest above wood framed stilts. Access to the trailers could not be obtained and as a result, detailed information regarding the interiors is not included. The subsurface pump house is constructed with bare concrete blocks and has a dirt floor and corrugated steel roof. N&J Property, Mattituck Phase I ESA The greenhouses are all heated through a centralized heating system located in the equipment storage greenhouse and consisting of four (4) dual fuel (oil and gas) fired boilers. According to Mr. Mahon, the site manager, the boilers are primarily fired using Keyspan supplied gas and the fuel oil is only used if there is an interruption in gas service. All of the boilers appeared to be in good condition with no evidence of staining or other release. In addition, four (4) ceiling mounted gas heating units were observed in the storage greenhouse. No suspected ACM was observed within any of the accessible buildings inspected. Due to the age of the shed and the use of the trailer campers, ACM material is typically not expected to be found within these structures. According to Industrial Code 56, if major renovation or demolition of any of the buildings is contemplated, a complete asbestos survey for both friable and non-friable ACM is required. This report is not a substitute for a complete demolition asbestos survey. Several above ground storage tanks were observed on the subject property. Within the equipment storage greenhouse four (4), 275 gallon above ground tanks and one (1), 1,000 gallon above ground tank were located in the northeast corner of the building and used for the storage of fuel oil. According to Mr. Mahon, all but one (1) of the tanks (a 275 gallon tank) were empty. All appeared to be in good condition but it should be noted that underneath the second tank from the left Speedi-Dri was spread on the concrete floor to soak up a minor amount of oil which appeared to have dripped from the tank. Any fuel oil observed was noted to be contained within the Speedi-Dri and the surrounding concrete floor was found to be free of cracks or holes. In addition, a wheeled fuel caddy with an estimated capacity of approximately 30 gallons was also observed in this area of the storage greenhouse. In the northwestern end of the storage greenhouse three (3), 275 gallon and one (1) 500 gallon cube shaped above ground tanks were observed. Each of the tanks were warm to the touch and are assumed to contain heated water used in the nursery operations. In addition, a pesticide sprayer was also observed in this area of the building as well. Other tanks observed on the subject property consisted of a 275 gallon tank located adjacent to the northeast corner of the barn which is used for the storage of diesel fuel for the fueling of tracks and equipment. Some minor staining was observed around the tank and inspection of the bare soils did reveal the presence of a slight petroleum odor. A 275 gallon tank was observed on the south side of the shed and is used for the storage of fuel oil that fires a boiler in the building which according to Mr. Mahon contains a water connection used at the property. No evidence of staining or other release was observed adjacent to this tank. Finally, a 275 gallon above ground tank and a 500 gallon above ground tank were observed in a debris pile located in the southeastern corner of the property. Both tanks were empty and no evidence of staining or release was observed. Seventeen (17) 55-gallon drums were observed in the northeastern portion of the property and based on an inspection of labels are used for the storage of diesel oil. No evidence of staining or release was observed around any of the drums. None of the buildings have any sanitary disposal facilities. However two (2) portable lavatories were observed in the northeastern portion of the property. 2 29 N&J Property, Mattituck Phase I ESA The subject property uses an on-site well located in the northern end of the property for irrigation water supply. The area surrounding the site receives water supply from the Suffolk County Water Authority (SCWA). One (1) open grate stormwater drain was observed in the loading ramp area located at the southwestern corner of the barn. A white residue was observed on the grate cover. In addition approximately twenty (20) open grate drains were observed west of the greenhouses and landscape textile covered area and all discharge though corrugated piping to the western side of the site. One (1) irrigation well was observed in the northern end of the property. No other supply, irrigation or monitoring wells were observed on the subject property. Solid waste generated on the property is deposited in a dumpster located in the northeastern portion of the property and removed by a privately contracted waste hauler. A pile of debris consisting of wood, old tires and two (2) storage tanks was observed in the southeastern portion of the property. The subject property was inspected to identify the possible presence of any wetland vegetation and/or water surfaces that would sustain wetland vegetation. The site inspection revealed no wetlands or wetland species were located on the subject property. Review of NYSDEC Freshwater Wetland Maps did not identify any wetlands on or in the immediate vicinity of the property. However, review of the Suffolk County Soil Survey maps depicts an intermittent stream traversing the southern end of the subject property. Inspection of this area did not reveal the presence of any surface water, however, a drainage swale that connects to a branch of Mattituck Creek was observed. In addition, review of the portion of the USGS Mattituck Topographic Quadrangle that covers the subject property did illustrate a stream in the southern end of the property. This Phase I ESA is not a substitute for inspection of the site by a qualified biologist. Sanborn Map coverage was not available for the subject property. Aerial photographs from 1938, 1955, 1966, 1978, 1984 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. Review of the aerials from 1938 and 1955 shows the site as being predominately cleared and it appears that only the northern end of the site is used for agricultural purposes. The existing barn is also noted to be on the property as well as what appears to be several unidentifiable structures. Review of the aerial from 1966 shows the site as being similar to 1955 except that the property appears to becoming revegetated. Review of the 1978 and 1984 aerials show increasing revegetation of the site and it appears that several of the previously noted buildings are no longer present. However, it is possible that they may be obscured by the new vegetative growth. Review of the aerial from 2004 shows the site as it presently exists except that several of the existing greenhouses have yet to be constructed. Review of the portion of the Mattituck Topographic Quadrangle dated 1956 that covers the subject property illustrates the existing barn on the property as well as five (5) additional structures. 3 of 29 N&J Property, Mattituck Phase I ESA An extensive government records search found no potential sources of environmental degradation on the subject property. Review of several Federal, State and County regulatory databases revealed the presence of two (2) closed spill incidents within one-half (0.5) mile of the subject property. Freedom of Information requests were submitted to the Town of Southold. Information received from the Town Building Department notes that two (2) building permits for the construction of greenhouses were issued on December 16, 2003 and September 2, 2005. In addition, a permit was also issued on December 28, 2005 for the demolition of a 924 square foot (SF) building The Planning and Zoning Department indicated the subject property is within the R-80 Residence zoning district. The Town Tax Assessors indicated that the subject property is owned by N&J Management Company. In conclusion, this assessment has revealed evidence of several recognized environmental conditions in connection with the property, subject to the methodology and limitations of this report. The open grate storm drain at the bottom of the loading dock should be sampled to determine if subsurface soils have been impacted by pesticide runoff or other discharges (i.e. leaking trucks, equipment, etc.). The soil located at the discharge point of the twenty (20) corrugated pipes on the west side of the property should be sampled and analyzed for the presence of pesticides and metals. The stained soils underlying the diesel fuel storage tank located at the northeast corner of the barn should be further examined to determine if a release has occurred that constitutes a reportable incident. Any trash, debris or discarded tanks should be removed from the site and transported to an appropriate facility for disposal. If the subject property is ever proposed for residential development, then the Town of Southold should be contacted to determine if sampling for pesticides or any other related compounds wilt be necessary. Steps should be taken to ensure no further releases occur from the on-site equipment fueling storage tank. 4 29 I From Phase 1 Environmental Site Assessment N&j Property received 3~23~07 (SCTM# 1000-113-13-1.2) ~ conclusion, this assessment has revealed evidence of several recognized environmental conditions ~nnectioT~/ith the propert)/, subj~ct:TCthe meth~oqb~i~']i~it~l[i-b-ns of th-F§}~pS-rt." - ........ On 4/18/07 LPC members Monica Harbes, Chris Baiz, Lillian Ball, John Sepenoski and Ray Huntington visited the site to evaluate the six potential threats reported by Nelson Pope & Voorhis LLC and were escorted by site manager Kew'n Mahon. None of the six items items identified were deemed to be significant threats with respect to Town of Southold plans to purchase development rights. ASTM 1527 Phase 2 evaluation is not recommended, Specific observations follow in italics; The open grate storm drain at the bottom of the loading dock should be sampled to determine if subsurface soils have been impacted by pesticide runoff or other discharges ( e. leaking trucks, equipment, etc. Faint white haze appears to be residue from cleaning up latex paint tools. No indications of extensive painting ongoing at site. Drain appears to accept rainwater from between barn cellar and equipment greenhouse. Does no appear to be a drywall intensively used in operations. No si~lnificant Town threat identified. 2 The soil located at the discharge point of the twenty (20) corrogated pipes on the west? side Iproperty should be sampled and analyzed for the presence of pesticides and metals, of the Southside pipes dram rainwater from the 9 older hoophouses to the lower terraced level to the south where it is intercepted by a shallow sand ditch running the length of the northern edge of the terrace. Purpose of the pipes is to drop the rainwater about 8 feet to the [errace level. The ditch seems to percolate most of the water. The grass sand bank will likely stabilize in time but some erosion persists and the easternmost pipe area shows bank erosion. An exception to this flow pattern is the easternmost drain pipe which runs a greater distance to another smafler ditch with overflow, ff any, continuing down a natural swale toward Mattituck Creek 1800 feet away No significant Town threat identified. 3 The stained soils underlying the diesel fuel storage tank at the northeast corner of the barn should be further examined to determine if a release has occurred that constitutes a reportable incident. The diesel fuel storage tank has been removed and the area regraded. No vehicle refueling tank facility now on site. No sic, lnificant Town threat identified. Any trash, debris or discarded tanks should 4 appropriate site for disposal, be removed from the site and transported to an Drums have been removed. Greenhouse components, pipe, fittings, fabric, etc typical of a greenhouse activity are )resent but no accumulated "trash" was observed. No significant Town threat was observed. If the subject parcel is ever proposed for residential development, then the Town of Southold should be contacted to determine if sampling for pesticides or other related compounds will be necessary. 5 Since the Town intends to purchase development ri~Thts, no Town threat was observed 6 Steps should be taken to ensure no further releases occur from the on-site equipment fueling storage tank. See number 3. N &Jphase 1 disposition xls \ J mm m m m m m m m m m mm m m mm mm m m mm m m mm m m mm m mm m mm m mm mm ~m mm -- mm mm m m I I I I I I I I I I I I I I FIGURE 1 LOCATION MAP Source 1)eLorme Su'ceI Atlas Scale: Not to Scale N & J Property, Mattituck Phase I ESA NOR]Iq I I I I I I I I FIGURE 2 AERIAL PHOTOGRAPH N & J Propert),, Mattituck Phase I ESA I I I I I I I Source: NYSG S OrthoimageW Prog~un 2004 Scale: 1"- 220' I I I I I I I FIGURE 3 LAND USE MAP N & J Property, Matlituck Phase I ESA I I I I I I I So~rce: NYSGIS Orthoimagery Program. 20(M Scale: 1' ' 800' NORTH I I I I I I I I I I I I I FIGURE 4 ZONING MAP R--80 Source: Town of Southotd Zoning Map Scale: I" I~000~ N & J Property, Mattituck Pha~ 1 ESA I ! I I I I ! ! ! ! ! FIGURE 5 SOILS MAP N & J Property, Mattituck Phase ! ESA Source: Sutlblk (ounty Sotl Scale: 1" NOR/It I i ! I I I I ! I I I I I I I FIGURE 6 TOPOGRAPHIC MAP Sot~rc¢: USGS Topographic Qua'angle, Maltituck Scale: 1" 800' N & J Property, Mattituck Phase ! ESA ! I I i I I I I I I I I ! I FIGURE 7 WATER TABLE MAP S91814 85?0 ,~ ~ ::S~i581 07 05 ~69 Source: SCDHS Water Table Contour Map, 1999 Scale: 1" 8,t~' N & J Property, Mattituck Pha~ i ESA 3 5~ NORD{ I I I ! I I I I I I i I I i l FIGURE 8 N & J Property, Mattitack Phase I ESA WATER MAIN DISTRIBUTION MAP Source: SO'WA Distribmio~ Maps 2(~)5 Scale: Nol tr} Scale NORTH I I I ! ! ! ! I ! I N & J Property, Mattituck Phase I ESA FIGURE 9 FRESHWATER ~_'_ETLANDS MA~ Source NYSD[C Freshwater Wetlands Map, Manituck NORIft Scale: l" 8(~)* + I I I i I FIGURE 10 FLOOD MAP ZONE ZONE ZONE X .... ZONE X N & J Property, Matfituck Phase I ESA ZONE ZONE X-, //' ZONE AE / ! I I Source: Fl!MA FIo(~t Map Scale: I" 600' NORT;t 0 1/8 1/4 Distance in Miles Toxics Targeting 1 Mile Radius Map N & J Property Matfituck, NY 11952 N List (NPL) QDisposal Regislw Site Suffolk County Inact. Hez Waste Disp ~ Regisb~ Qualifying Toxics Targeting 1/2 Mile Radius Map N & J Property Mattituck, NY 11952 E~B CERCLIS Super~nd Non-NFRAP Site Suffolk County OBelisted NPL Site E~ CERCLIS Superf~Jnd NFRAP Site Storer, Disposer Waste Disposal Site ~' Material Spill Solid Waste Facility S~ irl(ewnflelds Waterbody Radius Radius 0 1116 1/8 1/4 1/2 Distance in Miles Toxics Targeting 1/4 Mile Radius Map N & J Property Mattituck, NY 11952 Major Oil ~ Storage Facility Chemical Storage Facility Toxic Site Location Suffolk County Enforcement Docket Facili[y Petroleum Bulk ~ Storage Facility Hazardous Waste [] Generator, Transp. Distance in Miles N & J Properzy - Toxics Targeting 1/4 Mile Closeup Map N & J Property Mattituck, NY 11952 National Priodty CERCLIS Super/und Non-NFRAP Site ** Inactive Hazardous Waste (~ Disposal Registry Site L Suffolk County ODelisted NPL Site ** ~ CERCLIS Superfund NFRAP Site [nact. Haz Waste Disp ~4~ Registry Qualifying * ] Hazardous Waste Treater ~ Ac0on Facilily * Sorer, D sposer '* RCRA Corrective Waste Disposal Site" Major Oil ~ Solid Waste Petroleum Bulk · Storage Facility '*' ~ Generator, Transp. *** Border Radius Waterbody · 1 Mile Search Radius *' 1/2 Mile Search Radius 1/4 Mile Search Radius P U B L I C H E A R I N G Town of Southold - Letter Board Meeting of February 27, 2007 RESOLUTION 2007-216 ADOPTED Item # 12 DOC ID: 2636 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007~216 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 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 Southold hereby sets Tuesday, March 13~ 2007, at 7:55 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by N&J Management Company. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York. The property is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5± acres of the 17.5± acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. 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 Department, Southold Town Hall Annex, 54375 Generated March 1, 2007 Page 18 Town of Southold - Letter Board Meeting of February 27, 2007 Route 25, Southold, New York, and may be examined by any interested person during business hours. RESULT: HOVER: Elizabeth A, Neville Southold Town Clerk ADOPTED [UNANTHOUS] Thomas H. Wickham, Albert Krupski Jr. SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March 1, 2007 Page 19 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ March 13~ 2007~ at 7:55 p.m, Southold Town Hall~ 53095 Main Road, Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by N&J Management Company. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York. The property is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.54- acres of the 17.54- acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. 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 Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: February 27, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 8, 2007, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attomey Land Preservation Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEAR1NG March 13, 2007 7:55 PM Hearing opened at 7:53 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 Southold hereby sets Tuesday~ March 13~ 2007~ at 7:55 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of develol~ment riehts easement on property owned by N&J Management Company. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York. The property is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5~: acres of the 17.5± acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The property is listed on the Town's Communit Preservat' ' Plan y ~on ProJect .....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 Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I would like to ask if my fellow Board member, Al Krupski, who is also the liaison to the Land Preservation Committee can give us more detail. COUNCILMAN KRUPSKI: Thank you. This is actually a project that was started before ! was liaison. I think Bill was liaison at the time. This has been in the works quite a while. This is a parcel that is on Westphalia Road, it is north of the county park, it is actually the town park Strawberry Fields. It is surrounded by some pretty high density housing, so it is nice to have that open space in the middle of that and you can see that there is quite a bit of, a lot of the open space in the area has been acquired either by the county, the town or Peconic Land Trust. So it is sort of filling in the areas that (inaudible). So I would recommend this purchase. JUSTICE EVANS: Standing in for Melissa tonight? COUNCILMAN KRUPSKI: Yes. COUNCILMAN WICKHAM: Also in the file, I have a listing that it has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the newspaper and I have a communication from Mark Terry, the LWRP coordinator. "In regard to the proposed purchase, the development rights easement on this property, based on the information provided on the consistehcy assessment form submitted to me, the proposed action is consistent with the policy standards of the LWRP and is therefore consistent with that program." SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this purchase? ( No response) I will say that at the current price, $68,000 an acre, with that kind of road frontage, it is a nice opportunity for the town in this particular real estate market. Hearing none. Hearing closed at 7:55 PM Southold Town Clerk S E R E S 0 L U T I 0 N RESOLUTION 2007-277 ADOPTED DOC ID: 2677 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-277 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 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 N&J Management Company 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 #1000-113-13- 1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5± acres (subject to survey) of the 17.54- 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 $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs; now, therefure, 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 Southold 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 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 617.20 Appendix ¢ State Envlronmentel Quality Review SHORT ENV[RONHENTAL ASSF..SSM ENT FORH For UNI/STED ACTIONS Only PART Z-PRO3ECT INFORMATION (To be completed by Applicant OR Project) Page ! of 2 1. APPLTCAHT/SPOflSOR: Southold Town Board ~ 2 pli~J~;:~ Na~;, fO ~'~ I~ mt~m' · ~Fo.-- '" ~' .- . 3, PRO3ECT LOCAITOfl: 4. PREC/SE LOCATION: (Street address and road intersections, prominent landmarks, etc, or provide map) S. IS PROPOSED ACT/ON: [~ New [] Expansion [] Modification 6. DESCRJ[BE PRO3ECT BRIEFLY: ~ lo,o,., ,-f o'e ,r,,.e 7. AMOUNT OF LAND AFFECTED: [NFFALL¥_ /~' $ __ acres ULTimATELy /~-~ acres $. W~LL PROPOSED ACTZON COMPLY WITH EX~ST[NG ZONING OR OTHER EX[ST/NG LAND USE RESTR[CT/ONS? [~ Yes ~ No /fNo, descdOe briefly 9. WHAT IS PRESENT LAND USE IN VICINIll' OF PRO3ECT? ~' Residential ~ ~ Commercial lndustrial~:~ Agriculture ~'~E~Forest/Open space ~ Other Describe: ~'~ ~%iVt fe ~w~ ;~ ~n ~ . 10. DOES A~ON INVOLVE A PERM~ APPROVALt OR FUND[NGt NOW OR UL~HATELY FROM ANY OTHER GOVERNMENTAL 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? NO /Tyros, //~t agencYFs) and perm/~/app/ ova/s ~2. AS RESULT OF PROPOSED A~ON WILL EXI~NG ~ERM~/APPROVAt R~QUI~E HODIFICA~ON~ ~ I CER~ THAT THE INFORMA~ON PROVIDED ABOVE ~S TRUE TO THE BEST OF MY NNOWEEDGE If the actmon Is In the Coastal Area, and you ate a state agency, cam lete tBe Cae I proc.~dmg w~th this assessment P stal Assessment FO/g ~e;~r~ PART Z[-EN¥IROHHENTAL AESESSHENT (To be completed by Agency) Page 2 of 2 A. DOES AC1ToH EXCEED ANY TYPE ! THRESHOLD Ill 6 NYCRR~ PART 617,47 [] Yes ~ No ~f yes ooordlnate ~ m~lew proce~ and use the f~// ~A? B. W~LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACT~OflS IN 6 flYCRRr PART 617.67 [] Ye~[~ No If no, a negative dedamtCon may be suspended by another InvoNed agency C. COULD A~rzoN RESULT IN ANY ADVERSE EPFECT~ AS$IOCIATgD WITH THE FOLLOWING; (An~wer~ maybe handwrl~en, If legible) C1. ExlsUng air quality, surface or groundwater quality or quenUtyt noise levels, existing t~aCfic patterns solkJ waste production or disp~ao~, potentia~ for erosion, drainage or flooding problem? Explain bdefly; C2. Aesthetic, agricultural, archaeological, histodc or other natura~ or cultural resources; or community or netghborhoo~ character~ Expl~,t~ briefly: . C3. Vegetation or fauna fishes shellfish, or wildlife spedes, significant habitats, or threatened or endangered soedes? Expla n . C5. ~ow~h, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefiy: C6. [~o~g term, short term, cumulative, or other effects not identified in C1-C5~ Explain briefly. C7. Other impacts Onduding changes in use of either quantity of type of energy)? Explain bdefiy: D. WILL THE ......... _ CEA? PROJECT HAVE AN IMPACT OH THE ENVIRONMENTAL CHARACTE R2/CS THAT CAUSED THE ESTABI I'SHMENT oF A E'l Yes~ No E. IS THERE~ OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT[AL ADVERSE ENVIRONMENTAL IMPACTS'~ PARTIII- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substant al large, or otherwise significan Each effect should be assessed in connection with its (a) setting (i.e. urban or rura ); probability of occurr ng; (c) duration; (dO irreversibili~y~ (e) geographic scope; and (f') magnitude. If necessan/, add a~tachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If quest]on D of part I! was checked yes, the determination and ~ignifica~nce_ must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ["] Check this box if you have identified one or more potenfially large or significant adverse impac[s, which may occur. Then proceed directly to the FULL ENVIRONMETNA[ ASSESSMENT FORM and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on a~tachmen~s as necessan/, the reasons supporting this determination; -- ~]~'~s ~ k.. Name of Le ~.~Agency --~ P~ ~2 L~ ', g ~ ~ Print of b/pe Na~ncy I ~ Slgnat'~'ftesponslbleOflficer In Lead]qgen~ Title of R onsible Officer S'gnature of prepare(if ~j[,ferent from of responsible off, cer) P U R C H A S E R E S O L U T I O N RESOLUTION 2007-294 ADOPTED DOC ID: 2678 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-294 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 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 a certain parcel of property owned by N&J Management Company on the 13th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Aghcultural 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 #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district; and WHEREAS, the development rights easement comprises approximately 16.5± acres (subject to survey) of the 17.5± 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 $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and 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 Resolution 2007-294 Board Meeting of March 13, 2007 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by N&J Management Company pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5+ acres (subject to survey) of the 17.5= 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 $68,000 (sixty-eight 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 easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Kmpski Jr. Updated: 3/1/2007 11:29 AM by Melanie Doroski Page 2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Melissa Spiro, Land Preservation Coordinator Land Preservation Department / From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: March 5, 2007 Re: Proposed purchase of development rights easement on the property of N&J Management Company property. SCTM #1000-113-13-1.2 Zoning District R-80 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The action involves the purchase of the proposed development rights easement comprising approximately 16.5+ acres (subject to survey) of the 17.5~ acre parcel. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the policy standards of the LWRP and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. MAR - 5 2007 DEFT OF i AND C L O S I N G S T A T E M E N T CLOSING STATEMENT N&J MANAGEMENT CO., LLC to TOWN OF SOUTHOLD Total Development Rights Easement- 16.570 acres Total Parcel Acreage - 17.57 acres Reserved Area - 1.0 acre Wetlands Area - 0.126 acre Premises: 4735 Westphalia Road, Mattituck SCTM #1000-113-13.p/o 1.2 Closing took place on Wednesday, June 20, 2007 at 11:00 a.m., Southold Town Hall Annex Purchase Price of $1,118,192.00 (based upon 16.444 buildable acres @ $68,000/buildable acre) disbursed as follows: Payable to William F. Bates, Escrow Management Account Wire transfer to Acct #11-0143245 Suffolk County National Bank $ 922,771.80 Payable to Anthony Mangiaracina Check #91666 (6/20/07) $ 5,250.00 Payable to Venture Title Agency Check #91668 (6120107) $ 12,621.00 Payable to Investment Property Exchange Services, Inc. Check ~91665 (6~20~07) $ 1,500.00 Payable to Investment Property Exchange Services, Inc. Check #91664 (6/20/07) $ 176,049.20 Expenses of Closing: Appraisals Payable to Patrick A. Given, SRPA Check # (8~03) Payable to Patrick A. Given, SRPA Check #85137 (2/28/06) Appraisal Update Payable to Patrick A. Given, SRPA Check #89542 (1130107) $ $ 2,000.00 1,900.00 2,000.00 Survey Payable to Peconic Surveyors, PC Check #90875 (4/24/07) Survey Description Payable to Peconic Surveyors, PC Check #90875 (4124/07) 4,500.00 250.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #90858 (4/24/07) 1,300.00 Title Report Payable to Stewart Title Insurance Company Check #91667 (6/20/07) Title insurance policy $ 4943.00 Recording easement $ 250.00 Certified easement $ 80.00 Franchise Report $ 26.00 Survey/field inspection $ 68.00 5,333.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #91663 (6~20~07) $ 100.00 Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Norman Keil Seller Anthony J. Mangiaracina, Esq. Attorney for Seller Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr. Administrative Asst l<.ece~pt Page 1 of 1 Wire Transfer Date: 6/20/2007 Time: '1t:37:'10 AM The Wire Transfer You Submitted In The Amount Of $922,771.80 To Be Transferred To: "William F Bates, Escrow Management" From Account "A - EMA TRANSFER ACCOUNT~' Effective Dated 06/20/2007 Was Processed. https://www~nfbc~nnect~c~m/cashman/Receipt.asp?App~=6~&Fr~m=A%2~%2~%2~-%2~EMA%~~~ 6/20/2007 H2 .8686.2.000.000 MA~TAPA~T~A 062007 DEV RIGHTS-N&J MGT TOTAL ~,iObq~T 5,250.00 5,250.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ,'oq~&8,' ~:O~NOSN&NI: ~ DOOOON 0111 H2 .8686.2.000.000 062007 DEV RIGHTS-N&J MGT 12,621.00 TOTAL 12,621.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 H2 .8686.2.000.000 ":O~NOSN~N~: ~ OOOOON 0,' P.O.# i~OiCE 062007 n~/gn/gnn7 nw~nw DESCRiPTiON DEV RIGHTS-N&J MGT TOTAL 1,500.00 1,500.00 TOWN OF SOUTHOLD · SOUTHOLD. NY 11971-0959 o 091664 CHEQ~ NO, - AMOUNT 91664 $176,049,20 DOLLARS SUITE 205 IVP~ /, ':02;,h05hBh': r~3 O0000h 0,' H2 .8686.2.000.000 062007 DEV RIGHTS-N&J MG 176,049.20 TOTAL 176,049.20 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 July 29, 2003 Melissa Spire, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of NJ Management Company, S.C.T.M. #1000-113-13-1.2 Located Southerly Side of Westphalia Roa{:l, Mattituck, NY File# 2003273 $2,000.00 real estate appraisers and consultants .GIVEN ASSOCIATES GIVEN ASSOCIATES, LLC P.O. Box 5305 · 548 Route 111 · Hauppauge, NY. 11788-0306 (631) 360-3474 FAX 360-3622 February 14, 2006 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 54375 Main Road Southold, NY 11971 Appraisal of Real Property of N & J Management Company Located Southerly Side of Westphalia Road, Mattituck, NY S.C.T.M. #1000-113-13- pA 1.2 File# 2006027 FEB 1 7 2006 OEPT OF LAND PRESERVATION $1,900.00 REAL ESTATE APPRAISERS AND CONSULTANTS GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account ......................... Use 2/28/2006 2/28/2006 H3 .600 3/28/2006 5/09/2006 7/25/2006 3/28/2006 5/09/2006 7/11/2006 7/25/2006 8/08/2006 8/08/2006 9/05/2006 9/05/2006 10/17/2006 10/17/2006 11/08/2006 11/08/2006 11/08/2006 11/08/2006 12/05/2006 12/05/2006 1/16/2007 1/16/2007 1/16/2007 1/16/2007 1/16/2007 1/16/2007 1/30/2007 1/30/2007 Acti H3 .600 H3 .600 A .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............ Detail--GL100N .............. W-02282006-074 Line: 103 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOLINTS PAYABLE : Trx Date ..... 2/28/2006 SDT 2/27/06 : Trx Amount... 1,900.00 : Description.. N & J MGT APPRAISAL : Vendor Code.. 007416 : Vendor Name.. GIVEN ASSOCIATES LLC : Alt Vnd.. : CHECK ........ 85137 SCNB : Invoice Code. 2006027 : VOUCHER ...... : P.O. Code .... 15191 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 2/28/2006 : Date Cleared. 3/31/2006 : F3=Exit F12=Cancel : ASSOCIATES Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To 1 Town of Southold P.O. Box 1179 Southold NY 11971 Date Invoice # 1/10/2007 212 Please make check payable to: GIVEN ASSOCIATES, LLC. File No. 2007001 Terms Due upon Receipt Description Appraisal of Real Property of N & J Management Company Located S/S of Westphalia Road Mattituck, NY ;.C.T.M. #I000-113-13-p/o 1.2 JAN t2 2007 ,-[., O; LAND Amount 2,0~.00 you for your continued business. Balance Due $2,000.00 GIVEN GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 1/30/2007 1/30/2007 H3 .600 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 5/22/2007 5/22/2007 ~3 .600 5/22/2007 5/22/2007 ~3 .600 5/22/2007 5/22/2007 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............ Detail--GL100N .............. W-01302007-082 Line: 122 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 1/30/2007 SDT 1/30/07 Trx Amount... 2,000.00 Description.. APPRAISAL-N & J MGT CO Vendor Code.. 007416 Vendor Name.. GIVEN ASSOCIATES LLC Alt Vnd.. C~ECK ........ 89542 SCNB Invoice Code. 212 VOUCHER ...... P.O. Code .... 16508 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 1/30/2007 Date Cleared. 2/28/2007 F3=Exit F12=Cancel PECONIC ;~URVEYORS~ P.Co P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 FEBRUARY 22NO, 2OD? TOWN OF SOUTHOLD P,O. Box I !'7~ BOUTHOLD N.Y, 119? 1 FOR PI'tI~FI~Q,J~A~ik~;:~14i~IP_,,Yx~E~E,-p~I~ow N o F B O UTH O LI"I YOUR PURCHASE ORDER #16511R ,JoB # 07-125 SURVEY AB PER I~]UrlTE $4~500.00 SUFFOLK COUNTY TAX HAP 1000-113-13-1.2 i , ~AR -5 2007 LoLJ.~ CEe}. OF LAND GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 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 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name Detail--GL100N W-04242007-946 Line: 251 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/24/2007 SDT 4/23/07 : Trx Amount... 4,500.00 : Description.. SURVEY-N & J MGT CO : Vendor Code.. 016144 : Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. : CHECK ........ 90875 SCNB : Invoice Code. 07-125 : VOUCHER ...... : P.O. Code .... 16518 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 4/24/2007 : Date Cleared. 5/31/2007 : F3=Exit F12=Cancel : PECON~C ~URVEYORS~ PoCo RO. Box909 1230Traveler Street Southold, N.Y. 11971 (631) 765-5020. Fax(631)765-1797 April 4. 2007 Town of Southold LAND PRESERVATION P.O. Box 1179 Southold N.Y. 11971 FOR PROFESSIONAL SERV1CES RENDERED: Atttention: Ms. M. Doroski - ~0 ,;~ /bb~ Meets & Bounds Description $250.00 SUFFOLK COUNTY TAX MAP A retainer of hair required prior to commencement and balance upon completion. Visa and MasterCard welcomed ;' APR -5 2~: GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 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 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............ Detail--GL100N .............. W-04242007-946 Line: 249 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/24/2007 SDT 4/23/07 : Trx Amount... 250.00 : Description,. DESCRIPTION READING-N&J : Vendor Code.. 016144 : Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. : CHECK ........ 90875 SCNB : Invoice Code. 040407 : VOUCHER ...... : P.O. Code .... 16524 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 4/24/2007 : Date Cleared. 5/31/2007 : F3=Exit F12=Cancel : vmson,,, ope & Voorhis, LLC 572 Walt ~,[man Road Phone: 631-427-5665 Melv~ NY 11747 Fax: 631-427-5620 Invoice Property: 07048 Project: N&J Property, Mattituck Manager: McGffm, Steven VA02329 To: To~vn of Southold De~t of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 4802 Invoice Date: April 17, 2007 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,300. O0 Contract Item ;91: Prepare Phase I Environmental Site Assessment Work Performed thru 3/27/07 Contract Amount: $1,300.00 Percent Complete: 100.00% Fee Earned: $1,300.00 Prior Fee Billings: $0.00 Current Fee Total: $1,300.00 *** Total Project Invoice Amount $1,300. O0 Please make all checks payable to NELSON POPE & VOORHLV Please include invoice number on check NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS APR 2 0 2007 OEP~ OF [,aND GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select JE Date Trx. Date Fund Account ......................... Use 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 Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-04242007-946 Line: 224 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/24/2007 SDT 4/23/07 : Trx Amount... 1,300.00 : Description.. PHASE I ESA-N&J PROPERTY : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : Alt Vnd.. : CHECK ........ 90858 SCNB : Invoice Code. 4802 : VOUCHER ...... : P.O. Code .... 16519 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 4/24/2007 : Date Cleared. 4/30/2007 : F3=Exit F12=Cancel : STEWART TITLE INSURANCE COMPANy 125 BayIts Road, Suite 201, Melville, New York 11747 63L501-9615 fax 631~501-9623 EEE r~SU~CE COVE~GE_Ii/,/i~/?~, ~) _P=MIm _PREMIUM _ PREMIUM NEW YORK STATE TRANSFER/MANSiON TAX MORTGAGE TAX 0Wor[gagee) MORTGAGE TAX (Mor~ gagor). COMMUNITY PRESERVATION FUND SURVEy INSPECTION DEPAII'FMENTAL SEARCIfES STREET IXEPORT BANKRUPTCy SEAI'ICH ESCEOW DEPOSIT FEE ) DEED(S).__ ) SATISFACTION(S)_ ) MORTGAGE(S) ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)_ ) MORTGAGE AFFIDAVIT(S) CLOSER CHARGES, IF ANY: PICK-Up FEE OTHER: TOTAL CHARGES PATRICIA L. FALLON · Title Closer "'Oq &~ ?,' O0000N n~,120,/2007 nHECK 91667 Fbl~D & ACCOLi{T P . O. ~ iN-v'O i CE DESCRiPTiON H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 ST-S-8652 ST-S-8652 ST-S-8652 ST-S-8652 ST-S-8652 TITLE POLICY-N & J 4,943.00 EASEMENT-N & J MGT 250.00 CERT COPY-N & J MGT 50.00 FRANCHISE RPT-N&J MGT 25.00 INSPECTION-N&J MGT 65.00 TOTAL 5,333.00 TOWN OF SOUTHOLD . SOUTHOLD, NY 11971 0959 ,'Oql,&B;f,,' ,-'osi, t, ost, r=l~,-' 6~, O000Ol~ 0,' ~VENDOR ..... & ACCOUNT H2 .8686.2.000.000 00g0].3 PAT~TCIA WALT,ON ST-S-8652 o~./Po./PoO7 CHECK DESCRIPTION TITLE CLOSER-N&J MGT 100.00 TOTAL 100.00 TOWN Of SOUTHOLD . SOUTHOLDi NY 11971-0959 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 17 Receipt Number : 07-0064095 TRANSFER TAX NUMBER: 06-39244 District: 1000 !ed Amount: Recorded: At: LIBER: PAGE: Section: Block: 113.00 13.00 EXAMINED AND CHARGED AS FOLLOWS $1,118,192.00 07/11/2007 11:08:21 AM D00012513 074 Lot: 001.004 Received the Following Fees For Above Instrument Exempt Page/Filing $51.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Co~L=u. Pres Fees Paid TRANSFER TAX NUMBER: 06-39244 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.oo $75.0O $11.05 $0.oo $o.oo $202.05 Exempt NO NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County 1 8 2007 DEPT. OF PRESERVATION Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrament 31 Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Page / Filing Fee ttandling TP 584 Notation EA 5217 (County) Sub Total EA-5217 (State) R P. TS.A. ~f(idat¥it 5. 00 Sub Total Grand Total Real Property Tax Service Agency Verification 1000 11300 1300 001004 6 I Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: 5 I Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax -q~ Mansion Tax ~ 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. Community Preservation Fund Consideration Amount CPF Tax Due Improved VaCant Land TD ~,~ctrz~O/,gh Al't~ //t?7/-Oc]~'~ C 7o.~Name Title Company I~ormation Tite~ Suffolk County Recording & EndOrsement Page This page forms part of the attached /5~-~-~ O,rr ~-~arw~__,v'~07-,,oej ,~r~7;qe~r made by: (SPEC~Y TYPE OF ~STR~) ~ ~ ~ ~ ~~ ~., ~ ~ The premisis herein is situated in SU~OLK COUNTY, ~W YORK. TO In the To~shJp of ~0~o ~ ~2~ d~ ~ In the VILLAGE or HAMLET of ~ ~ BOXES 6 THROUGH 8 MUST BE TYPED OR P~NTED IN BLACK INK ONLY P~OR TO ~CORDING OR FILING DEED OF CONSERVATI'ON EASEMENT THIS CONSERVATION EASEMENT ("Easement") is granted this ~0 day of ~-~ , 2007, by N & ] MANAGEMENT CO., LLC ("Grantor") having an address at 38A Fifty Acre Road, St. ]ames, New York 11780 to THE TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having an office at 53095 Main Road, P.O. Boxl~79, Southold, NewYork 1197~. WHEREAS: A. Grantor is the owner of certain real property consisting of+17.6 acres located at 4735 Westphalia Road, Hattituck, in the Town of Southold, Suffolk County, New York, designated as # 1000-113-13-1.2, of which _+:L6.5 acres is subject to this Deed of Conservation Easement (hereinafter, the "Property") and more fully described in EXHIBIT A attached hereto and shown on a survey dated March 1, 2007, and last revised June ~5, 2007 prepared by Peconic Surveyors, P.C.; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 16.57 acres of prime soils, as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;' E. [n Section 49-0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District #1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it states: "it is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products_it isthe purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for 8 significant natural public resource containing important ecosystem or habitat characteristics; H. The property is located within the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. I. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, ONE MILLION- ONE-HUNDRED EIGHTEEN THOUSAND AND ONE HUNDRED NINETY TWO Dollars ($1,118,Z92.00) and the mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows: 1. Grant of Conservation Easement Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose It is the primary purpose of this Easement to: a) enable the Property to remain in agricultural or forestry use for current and future production of food and fiber, and livestock and livestock products, by protecting in perpetuity its agricultural and forestry values, use and utility, including its prime, statewide important and unique agricultural soils; and b) prevent any use of the Property that would significantly impair or interfere with its long- term agricultural and forestry viability. It is the secondary purpose of this Easement to conserve and protect the Property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 3. Implementation This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. No use of the property shall occur and no permanent or temporary structures or other buildings or improvements shall hereafter be constructed, placed or maintained on the Property, except as specifically provided herein. The Property remains subject to all applicable local, state and federal laws and regulations. This Easement shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 4. Definitions As used in this Easement, the terms "Grantor" or "owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term "Grantee" includes the original Grantee(s) and its[their] successors and assigns. The term "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary, to determine if a practice is "sound," Grantee or Grantor may request the New York State Department of Agriculture and Markets to initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor statute. The term "Farm Labor Housing" means structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing. 5. Reserved Rights Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 and not specifically prohibited or limited by this Easement. Unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law. 6. Access Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 7. Right to Use Property for Rural and Agricultural Uses Grantor has the right to produce crops, livestock and livestock products and conduct farm operations as defined under Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as is later promulgated, which includes but is not limited to the right to establish, reestablish, maintain, and use cultivated fields, orchards, pastures and woodlands. Said farming practices shall be carried out in accordance with Sound Agricultural Practices as defined hereim In addition, Grantor has the right to distribute farm products, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 8. Right to Use the Property for Recreational Purposes Grantor retains the right to use the Property for otherwise lawful recreational uses, including, but not limited to, hunting, fishing, cross- country skiing and snowmobiling, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 9. Maintenance Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields containing prime, statewide important and unique soils will be mowed at least triennially or otherwise maintained in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems, or in reversion of significant portions of the Property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. If Grantor does not comply with this provision, Grantee shall have the right, but not the obligation, to mow such fields, at Grantee's sole expense, if it so chooses. 10. Construction of Buildings and Other [mprovements Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. ~L0(a) Fences -- Existing fences may be repaired, removed and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife and to prevent trespassing on the Property. 10(b) New Agricultural Structures and Zrnprovements - Without permission of Grantee, Grantor may construct new buildings, structures and impervious improvements including asphalt and concrete roads and parking areas on up to 5% of the Property to be used primarily for purposes related to a "Farm Operation," as defined in New York State Agriculture and Markets Law § 301 or any successor statute and for such other agricultural purposes as (i) the production, storage or sale of farm products or by-products produced on-site, (ii) the storage of equipment used for agricultural production, (iii) the keeping of livestock or other animals and (iv) farm labor housing. Such new buildings, structures and impervious improvements shall not include those used for the processing and packaging of farm products. Such coverage limitations do not apply to permeable surfaces such as gravel roads and parking areas, structures that protect soil and water resources, such as manure storage areas, and structures and improvements lacking permanent foundations where the land underneath is not covered by impervious surfaces. Permission is required by Grantee for the construction of such buildings, structures and improvements that would cover up to an additional 5% of the Property. 10(c) New Farm Labor Housing - Without permission of Grantee, Grantor has the right to construct new dwellings or structures for Farm Labor Housing as defined in Paragraph 4, together with new agricultural structures and improvements permitted in Section 10(b) above, on up to 5% of the Property. The land on which these structures stand shall not be subdivided. 10(d) New Recreational Structures and ]mprovements- Any one or more new recreational improvements proposed for the Property that exceed an aggregate footprint of 400 square feet may be located only with the advance written permission of Grantee. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips, commercial helicopter pads or any other similar recreational improvements that interfere with the Purpose of this Easement, significantly disturb the farm soils, or otherwise adversely affect agricultural and forestry uses on a continuing basis be allowed on the Property. 10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, or other utility services to the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. Services are limited to structures permitted on the Property pursuant to Section 18 ("Permission"). 10(f) Anci/lary [mprovements- Other improvements, including, but not limited to facilities for the generation and transmission of electrical power for agricultural production uses on the Property, such as windmills and detached solar arrays may be built only with the permission of Grantee, pursuant to Section 18 ("Permission"). /.1. Maintenance and Zmprovement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided that Grantor does not significantly impair or disturb the natural course of the surface water drainage or runoff flowing over the Property. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion, provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable State and federal laws and regulations. 12. Water Rights Grantor retains and reserves the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 13. Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. "Subdivision" shall be limited to the division of the portion of the Property from which the development rights are acquired into no more than two farming parcels, each of which must be at least ten (10) acres in size. 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. Forest Management Without prior written permission from Grantee, Grantor may clear forested areas for conversion to farmland, may harvest wood for on-farm use including heating or construction of buildings and improvements, and may remove trees that are fallen, dead, diseased or dangerous, so long as it is consistent with Sound Agricultural Practices. Without prior written permission from Grantee, Grantor may commercially harvest timber and other wood products and construct, maintain, remove, and repair unpaved access roads and "staging areas" (those areas where logs are temporarily stored for transport) necessary for such activities, in accordance with generally-accepted forest best management practices (as outlined in a forest management and harvest plan) that shall not result in significant degradation of soil and water resources. Such commercial timber cutting shall be carried out only in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation. In order to facilitate the monitoring and stewardship of this Conservation Easement, to ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice thereof not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest. Such written notice shall include submission of the current forest management plan and harvest plan. 15. Excavation and Removal of Materials; Mining The excavating of the Property shall be generally prohibited, 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, and any such excepted excavation activity may proceed 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 farm operations, erosion control and soil management, without the prior written consent of Grantee. Z6. Road Construction Grantor may construct roads for barnyards, farm roads, or other improvements necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement, provided to the greatest extent practicable, impact to the prime, statewide important and unique soils is minimized. No other portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material. 17. Dumping and Trash The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, the storage of old farm equipment used for parts, temporary storage of trash or household waste in receptacles for periodic off-site disposal, and composting or re-use of biodegradable materials as permitted in Section 7 ("Right to Use Property for Agricultural Uses"), generated off the Property for use on the Property or commercial use so long as they are used and stored in accordance with Sound Agricultural Practices. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property, is permitted by this Easement. 18. Permission of Grantee Where Grantor is required to obtain Grantee's permission for a proposed action hereunder, said permission shall be requested in writing. Grantee shall grant permission unless it determines that such action would 1) violate the Purpose of this Easement, 2) impair the potential for long-term agricultural viability associated with the Property, or 3) unnecessarily impede the use of Property's prime, statewide important or unique soils. Grantee shall respond in writing within forty-five (45) days of receipt of the Grantor's written request, which request shall include building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. Grantee shall not be liable for damages for any failure to grant permission to Grantor. 19. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 19(a) Taxes -- Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If, as a result of such actions, Grantee ever pays any [axes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee for the same. 19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. 19(c) Liability and Indemnification - Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 20. Extinguishment of Development Rights Except as otherwise reserved to the Grantor in this Easement, all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 21. Baseline Documentation By its execution of this Easement, Grantee acknowledges that the present uses of the Property are permitted by this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including maps, describing such condition at the date hereof, has been prepared and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 22. Right of Znspection Grantee shall have the right to enter upon the Property upon forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 23. Enforcement If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing atlaworin equity. In any case wherea court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 24. Transfer of Easement Grantee shall have the right to transfer this Easement to any private, non-governmental organization or public agency that, at the time of transfer is a "qualified organization" under Section 170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist or qualify under Section 170(h) of the Internal Revenue Code, or applicable state taw, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets will be notified in writing in advance of such transfer, 25. Transfer of Property Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to the Town of Southold by instrument dated , and recorded in the office of the Clerk of Suffolk County at Liber at Page _ "Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 26. Amendment of Easement This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement, shall comply with the Conservation Law or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. Any such 9 amendment shall be duly recorded. 27. Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70, of the Town Code of the Town of Southold, or any successor chapter, 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 this property rights or interests which were acquired by the Town prior to any such amendment. 28. Extinguishment of Easement At the mutual request of Grantor, Grantee and New York State Department of Agriculture and Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have chanqed so much that it becomes impossible to fulfill the Purpose of this Easemen~t described in Section 2 ("Purpose") herein, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain make impossible the continued use of the Property for Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent safe, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28 ("Proceeds") herein. 29. Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 27 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the appraised value of this Easement, calculated as of the date of an appraisal, by the unencumbered value of the Property, calculated as of the date of an appraisal obtained by Grantee prior to execution of this easement. The Proportionate Share is 74.5%. 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). With regard to the portion of such Proportionate Share equal to the percentage of the purchase price of this Easement that was paid using State Farmland Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the Purpose of this Easement. Prior to such re- use, Grantee must notify the New York State Department of Agriculture and Markets. ]0 30. Znterpretation This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to effect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 31. Successors Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 32. Severability ]Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 33. Notices Any notice required or desired to be given under this Easement shall be in writing and shall be sent by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property;(d) if to New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 34. Title The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 35. Subsequent Liens on Property No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. 36. Subsequent Encumbrances The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. 37. Grantor's Environmental Warranty Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Harkets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or an arranger with respect to the Property within the meanings of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to indemnify Grantee, and New York State Department of Agriculture and Markets against, and hold Grantee and New York State Department of Agriculture and Markets harmless from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of environmental laws. Ill at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. 38. Duration of Easement Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 39. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment"). 40. Waiver No waiver by Grantee of any default, or breach hereunder, whether ]2 intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 41. Binding Effect The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 42. Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. Grantor: N & J MANAGEMENT Cf~.[LLC Grantee: TOw OFSOUTHOLD SCO]~ A. RUSSELL, SUPERVISOR State t~f New York ) Cou.O, of SJ21~FoW( ), ss: On the t2~ day of ~'/{-O]"~ ii1 the year 2007 before me. the undersigned, persoimlly appeared .~,'gg. e44~{ .dr~.t',~ , personally known to me or proved to me on the basis of satisfactory $['idence to ~e the individual (s) whose name (s) is (are) subscribed to the within instrmnent and acknowledged to me that he/she/they executed the same in his&er/their capacity (les), and that by hls hci/their s~gnature(s) on the Instrument, the incbvlduaI(s), or the person upon behalf of which thc indixidual(s) acted, executed theinstru~nt. 2~ ' ' ~l~nature/office ofindiv dua taking acknowledgemant PATRICIA L. FALLON 13 Nofa~, PuNic, Stat~ Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires Apri~ 24, (~// State of New York ) County of c~a/~,ff ), ss: On the ~9 day of ,~A/~' in the year 2007 before me, the undersigned, personally appeared SCOTT A. RUSSELL, personally lamwn to me or proved to me on the basis of ~atisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within ~nstnm~ent and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by tfis~her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. COUNTY CLERK'S OFFICE L JUDITIt A PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that 1 have compared the annexed with thq~ri~naLDeed RECORDED in my office on D - [ ~- ~ under LIBER .t~.~..t.~ PAGE O.~.... and, that the sam;'i}'2'~;'}o~'~hereof, and of the whole of such original in Testimony Whereof, i have here~to set mv band and affixed the seal of said County and Court on this ..1~.... day of .~.~k~..., ~ ........ , ...... CLERK ~..~.....~. / Stewart Title Insurance Company Title No: ST-S-8652 Schedule A Description Development Rights Easement Parcel) - AMENDED 5/16/07 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the Southeasterly side of Westphalia Road (a/k/a Westphalia Avenue), distance 239.76 feet Southwesterly from the corner formed by the intersection of the Southeasterly side of Westphalia Road with the Southwesterly side of Bennett's Pond Lane; RUNNING THENCE South 29 degrees 32 minutes 00 seconds East distance 24i .00 feet to a point; THENCE North 67 degrees 35 minutes 20 seconds East a distance of 55.90 feet to a point and "Map of Bennett's Pond", filed in the Office of the Suffolk County Clerk as Map No. 5483; THENCE South 29 degrees 32 minutes 00 seconds East along "Map of Bennett's Pond" a distance of 762.22 feet to a point and land of the County of Suffolk; THENCE South 74 degrees 52 minutes 10 seconds West a distance of 429.18 feet to a point; THENCE still along of County of Suffolk, South 63 degrees 22 minutes I0 seconds West a distance of 414.50 feet to a point and land of now or formerly George; THENCE North 25 degrees 36 minutes 20 seconds West along land now or formerly of George and lands of others a distance of 963.85 feet to a point; THENCE North 17 degrees 59 minutes 50 seconds West a distance of 56.48 feet to a point on the Southeasterly side of Westphalia Road; THENCE along the Southeasterly side of Westphalia Road the following two courses and distances: 1. North 75 degrees 58 minutes 40 seconds East a distance of 361.36 feet to a point; 2. North 66 degrees 21 minutes 50 seconds East a distance of 78.18 feet to a point and the reserved area; THENCE South 29 degrees 32 minutes 00 seconds East a distance of 185.85 feet to a point; THENCE North 64 degrees 03 minutes I0 seconds East a distance of 241.38 feet to a point; THENCE North 29 degrees 32 minutes 00 seconds West a distance of 174.85 feet to a point and the Southeasterly side of Westphalia Road; THENCE North 67 degrees 35 minutes 20 seconds East a distance of 30.23 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. T I T L E P 0 L I C Y ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A detect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to pedorm those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not propedy filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of mai estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land, 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Company ~'~ ~. ~ ~j__~.~ City, State ~ecmtary s.,,~, .o 0-8901009133 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800~33-0014. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at http://www.stewadnewyork.com File No.: ALT^ OWNER'S POLICY' (6117/0~} SCI~DULE A File No.: ST-S~8652 PolicyNo.: O-8901-9133 Amotmt of Insurance: $1,118,192.00 Premium: $4,943.00 Date of Policy: 6/20/2007 1. Name of Insured: Town of Sotlthold 2. The estate or interest in the land that is encumbered by the insnred Mortgage is: Ea.nement 3. Tide is vested in: Town of Son,hold, who acquired development fights by virtue of ~.~ easement from N&J Manageme~ll Co.~LLC, by deed dated 6/20/2007 and to be recorded in the Suffolk County Clerk's/Register's Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto ancl made a part hereof. Phone: Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville New York 11747 (631) 501-9615 Fax: (631) 501-9623 Date: June 20, 2007 Title No: $T-$-8652 Melanie Doroski Town of Southold - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Borrower/Current Owner: Premises: Reference: Town of Southold 4735 Westphalia Road Maffiluck, New York 11952 reference with the above captioned transaction, enclosed please find the followlng: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. A [..TA OWl~ER'S POLICY (6/1 ?/06) SCHEDULE B PART I File No.: ST-S-8652 Policy No,: O-8901-9133 This policy does not insure against loss or damage (and the Company will :not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Rights of tenant(s) or perann(s) in possession, if any. Survey by Peconic Surveyors, PC last dated June 15th, 2007 shows premises improved by large plastic and metal flame greenhouse, 9 smaller plastic and metal flame greenhouses, a barn, a slned, 2 trailers, a pump house, planting beds, woods, berm and wetlands located, shed from premises adjacent East encroaches onto subject premises up to 4.0 feet West of East line; gn:ass from premises adjacent Bast encroaches an unspecified distance West of East line; propane tank fi`om premises adjacent East encroaches onto subject premises up to 2.5 feet West of East line, fen.cing va6ez with record lines; Surveyor locates boundary line agreements in Liber 5072 pages 474,475, 477, & 478 which vary slightly with actual field measurements for courses and distances along northerly, westerly and southerly lines. 3. Policy will except the le~$ and conditions of the Grant of Development Rights Easement to be executed by the grantor(s) and the Town of Southold. 4. Boundary Line Agreement recorded in Liber 5072 Page 474. 5. Boundar7 Line Agreement recorded in Liber 5072 Page 477. ALTA OWNI~R'$ POLTC¥ (6/1 File No.: ST-S-8652 SCHEDULE A DESCRIPTION Policy No.: O-8901-9133 Development Rights Easement Parcel) - AMENDED $/16/07 ALL that certain plot, piece or parcel of land with the buildings and improvements thervon ervcted, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described ss follows: BEGINNING at a point on the Southeasterly side of Westphalia Road (atlcJa Westphalia Avenue), distance 239,76 feet Southwasterly from the comer formed by the intersection of the Southeasterly side of Westphalia Road with the Southwesterly side of Bennett's Pond Lane; RUNNING THENCE South 29 degrees 32 minutes 00 seconds Bast distance 241.00 feet to a point; THENCE North 67 degrees 35 minutes 20 seconds East a distanc~ of 55.90 feet to a point and "Map of Bennett's Pond", filed in the Office of the Suffolk County Clerk as Map No. 5483; THENCE South 29 degrees 32 minutes 00 seconds East along "Map of Bennett's Pond" a distance of 762.22 feet to a point and land of the County of Suffolk; THENCE South 74 degrees 52 minutes 10 seconds West a distan~:e of 429.1 $ feet to a point; THENCE still along of County of Suffolk, South 63 degrees 22 nfinutes 10 seconds West a distance of 414,$0 feet to a point and land of now or formerly George; THENCE North 25 degrees 36 minutes 20 seconds West along land now or formerly of George and leads of others a distaJ~ce of 963.85 feet to a point; THENCE North 17 degrees 59 minutes 50 second~ West a distance of 56.48 feet to a point on the Southeasterly side of Westphalia Road; THENCE along the Southeasterly side of Westphalia Road the following two courses and distances: 1. North 75 degrees 58 minutes 40 seconds East a distance of 361.36 feet to a point; 2. North 66 degrees 21 minutes 50 seconds East a distance of 78.18 feet to a point and the reserved area; TIqENCE Soufl~ 29 degrees 32 minutes 00 seconds East a distance of 185.85 feet to a point; THENCE North 64 degrees 03 minntes 10 seconds East a distance of 241.38 feet to a point; THENCE North 29 degrees 32 minutes 00 seconds West a distance of 174.85 feet to a point and the ALTA OWNER'S POUCY (6/17/06) Southeasterly side of Westphalia Road; TIIENCE North 67 degrees 35 minutes 20 seconds East a distance of 30.23 feet to the point or place of BEGINNING. Title No.: ST-S-8652 STEWART TITLE ATTACHED TO AND MADE A PART OF POLICY NUMBER INSURANCE COMPANY HEREI~ CALLED THE COM~A_N~ STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Date of I~u¢: June 20, 2007 O-8901-9133 1. Covered R/sk Number 2(c) is deleted, 2. The foiler, ring is added as a Covered Risk: 'q 1. Any statutory lien for services, labor or materials famished prior to the date hereof, md which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." J. Exclusion Number 5 is deleted, and the following is substitvted: $. Avy lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by govea'nmental authodly and created or attaching between Date of Pollcy and the date of ~cording of the deed or other insirument of transfer in the Public Recor& that vests Title as Shown in Schedule A, This endorsement is issucd as part of the policy, Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Iasurance. To the extent a provision of the policy or a previous endorsement is inconsistent with aa express provision of this endorsement, this endorsement conixols. Otherwise, this endorsement is subject to all of the terms and provisions of t~e policy and of any prior endorsements. Signed orr Stewart Title hlah-'ance Company Signed by: Authorized Office or Agent Stewnr/Title Insurance Company 125 Baylis Road, Suite 201 Melvill% New York i174'7 STEWART TITLE STANDARD NEW YORK ENDORSEMENT (~1/07) FOR USE WITH ALTA OWNER'S POUCY (6-17-C~) COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (i) to be timely, or (a) as a result of the avoidance in whole or in pa~t, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring pdor to the transaction 10. Any defect in or ~ien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in ScheduleA. Schedule A constitutes a preferential transfer under federal The Company will also paythe costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' dghts laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, 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; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power, This Exclusion l(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. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; CONDITIONS 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; (B) 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 slated 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 impad constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or 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) "Modgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A, (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title, File No.: CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of PoJicy 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 shall 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. (b) 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section $(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 opgon, 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 only those stated causes of action alleging matters insured against by this policy, The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action, It shall not be liable for and will not pay the fees of any other counsel, The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to 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 Title, 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 right, 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 1o prosecute or provide for the defense of any action or proceedin9 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 secedng evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or affecting 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. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETFLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligafion to defend, prosecute, or continue any litigation, (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or other~'ise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy, in addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' 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)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. CONDITIONS {Continued) II Pa.~e 3 Serial No.: O- II File No.: 10. 11. 12. 13, File No.: 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 difference between the value of the Title as insured and the value of the Tifie 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. 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 litigagon 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, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, fights and r~rh<~dies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the (b) (c) (d) Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. 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. 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. Each endorsement to this policy issued at any time is made a part of this poficy and is subject to all 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 Policy, or (iv) increase the Amount of Insurance. attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment LIABILITY NONCUMULATIVE The Amount of Insurance shell be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the 16. SEVERABILITY In the event any provision of this policy, in whole or in pad, 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 amount so paid shall be deemed a payment to the Insured under this policy. 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 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the (c) 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 tige insurance of the jurisdiction where the Land is located. Therefore, the coud 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 [aw principles to determine the applicable law 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. 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 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 Depadment at 300 East 42 St, 10 Floor, New York, NY 10017 STATE OF I', EW YORK COUNTY OF SUFFOLK Sworn to b~£6r¢ me ~ \ ,his ~,: BRENDA L, ST NO~ Public, Stal ~ of NeW Y~ No, 01ST6( 14034 Oualified in Suf 91k Cou~ Oommissmn ~pir ~s 09/28/2~ Mr.~ /~.~,_ .~ -:_~ ¢,~,Baldwm, bc~ duly sworn deoor~s and says as follows: That I am th~ owner ofth¢ premises known x.~PPM'-llennetts Pond L~ae, Mattituck, NY That m propeay adjoins thc property o'*ru,d by N & J Manag~aeut Co., I_LC. That based ol ~he survey of P¢;oni¢ Surveyors, PC datod March 28, 2007 it appear{ tha': a portionlofmy lawn encroaches Upon the property ownsd by N & J Maria em;hr Co., LLC. T~at I make no olaim of ownership by advors~ possession or other's, lc, ~y portion ot lh~ land owned by N & J Management Co, LLC. M~,/~,¥, ~c,-~ /~ Baldwin C. F. VAN DUZER GAS SERVICE, INC. "The Home of Bottled Gas and Stoves" SOUTHOLD, N.Y. 11971 Tel. {631) 765-3882 - 3452 Fax (631) 765-5804 June 19,2007 To Whom It May Concern, The 500 gallon above ground propane located at 1055 Bennett Pond Road, will be moved to a position that will comply with the 10 foot set back code. As soon as the percentage of gas in the tank reaches a manageable level, Van Duzer Gas will relocated the tank. Regards, Frank F. Benedetto Vice President. ~UL-l~-800T 0S:85 From:KEIL NURSERY ~IBG~B~i~ To:T~5~O N & J MANAGEMENT PRODUCTS, LTD. 38A FIFTY ACRE ROAD, ST. JAMES~ NY 11780 TEL: 631-$84-6330 FAX: 631-862-8216 TO: MELISSA SPIRO TRANSMITTAL FROM: JUDY FOR NORMAN KEIL COMPANY:TOWN OF SOUTHOLD DATE: 7/'16/07 FAX NUMBER:631-765-6640 TOTAL NO. OF PAGES INCLUDING COVER: 1 PHONE NUMBER:631-765-§711 RE:LAUREL PROPERTY The shed has been moved on the Laurel property. Please release the $1500.00 you are holding in escrow. Please advise wr~en this is done~ Thank you. JUL 1 6 2007 DEPT. OF LAND PRESERVATION AFFIDA FIT OF TITLE (Corporate./PartnersMp/LLC) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) TITLE NO: ST-S-8652 of N&J MANAGEMENT CO., li~., being duly sworn, NORMAN KEIL, S1L, ~)~.~/JO~L~A J deposes and says: Iresideat ~o°'-5-O ~ ,~; ~-/~t.~a~, ~&/_ fl/TgO It is the owner in fee simple of premises situate at 4735 Westphalia road, Mattituck, NY and a grantee described in a certain deed of said premises filed in the Clerk's Office of Suffolk County under Liber 11878 page 807. Said premises have been in its possession since 1998. lts possessinn ofthe said premises has been peaceable and undisturbed, and the title thereto has never been disputed, questioned or rejected, nor insurance thereof refused, as far as I know. I know of no facts by reason of which said possession or title might be called in question, or by reason of whinh any claim to any part of said premises or any interest therein adverse to it might be set up. There are no federal tax claims or liens assessed or filed against it. There are no judgments against me unpaid or unsatisfied of record entered in any court of this state, or of the United States, and said premises are, as far as I know, free fi.om all leases, mortgages, taxes, assessments, water charges, sewer rents and other liens and encumbrances. There are no judgments against the insured or estates, interest, defects, objections, liens or encumbrances created, suffered, assumed or agreed to by the insured, of which the insured has or had prior knowledge but did not disclose to the insurer. No proceedings in bankruptcy have ever been instituted by or against me in any court or before any officer of any state, or of the United States, nor have I at any time made an assignment for the benefit of creditors, nor an assignment, now in effect, of the rents of said premises or any part thereof. That the charter of said corporation is in full force and effect and no proceeding is pending for its dissolution or annulment. That all license and franchise taxes due and payable by said corporation have been paid in full. That I am authorized to execute a Grant of Development Rights Easemont to the Town of Southold. There are no actions pending affecting said premises. That no repairs, alterations or improvements have been made to said premises which have not been completed more than four months prior to the date hereof. There are no facts known to me relating to the title to said premises which have not been set forth in this affidavit. This affidavit is made to induce STEWART TITLE INSURANCE COMPANY to issue its policy of title insurance numbered above covering said premises knowing that they will rely on the statements herein made. &~.~.. N&J MANAGEMENT CQ., 6RMA'N KEIL, gR./ - Sworn to before me this 21st day of June, 2007. Notary Public PATRICIA L. FALLON Notary Public, State Of New Yod( No. 01FA4950146 Qualified In Suffolk County Corrlmission Expires April 24, Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning Site Plan Other (Please name other activity) ~ o/~ Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes No x~ If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this dl~ day of~20_07 .o Signature "7~~ Print Name~ N Y S A G & M K T S W A I V E R ~iviston oj~ Agricultural ~rotection and Developrnen~ Services $18~$?.?076 Fax. $18~$7-2716 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS lOB .,~trliae Dri'~'e A,tbaa¥, New ¥o£1~ 12235 June 25,2007 Melissa Spire Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver - Suffolk County Agricultural District #1 - Acquisition of Land Dear Ms. Spire: The Depadment has reviewed documentation submitted by the Suffolk County Department of Land Preservation, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Normal Keil, N & J Management Co., LLC Landowners The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. RS:lad Cc: Ken Schmitt, Chair, Suffolk County AFPB File: AP07/035-W Sincerely, Manager, Agricultural Protection Unit JUL 3 0 2007 O£PT OF[AND PRESERVATION WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of -+'/4, .5'~ acres of active farmland and/or -- acres of non-farmland, situated at p/o Suffolk County Tax Map No. 1000-113-13-1.2 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD SC~TYA. RUSSELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner N&J MANAGEMENT CO., LLC STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the ~¢ day of /(¢-/-/--"~L". , 2007, before me personally appeared SCOTT A. RUSSELL, personally know.to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the l// municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF ~/~zo ¥o/~ ) COUNTY OF ,CZ2FAbL~ ) )SS: PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified in Suffolk County Commission Expires April 24, c~// On the ~) day of /~ ,2007, before me personally appeared A,/'~/~/,~/~/~_ ~, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L, FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation Division of Lands & Forests :~ureau of Real Property, 5th Floor 5 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · FAX: (518) 402-9028 Website: www.dec.state.ny.us Alexander B. Grannis Commissioner July 25, 2007 Melissa Spiro Town of Southold Dept. of Land Preservation P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 478 Grantor: N&J Management Co., LLC Liber: D12513 Page: 74 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very ~nuch appreciated. Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property 2O07 PR£SERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro @town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFI~lCE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 19, 2007 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Regislxy N&J MANAGEMENT CO, LLC to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Deed of Conservation Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: N&J Management Co., LLC Town of Southold July 11, 2007 D00012513 074 4735 Westphalia Road, Mattituck, NY 16.570 acres 1000-I 13.00-13.00-001.004 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Norman Keil, N&J Management Co, LLC - 38A Fifty Acre Road, St. James, NY 1 t780 w/o enc. G R A N T I N F O R M A T I O N New York State Comptroller's Office Payment Information Inquiry Pa[ *** Remittance Information for ACH Trace# 00921643 *** *** Effective Date of Deposit is August 10, 2007' *** Agency Code/Name: 06000 Reference/Invoice No. C800606 AGRIC & MKTS 518-457-2080 Ref/Inv Date Invoice Amount Payment Amount Batch No. Voucher No. 07/26/2007 74,615.00 74,615.00 713130 0704477 Total ACH Deposit 74,615.00 For additional information about your payment, please call the telephone number for the agency listed above. [Histo~ of Payments] [Information On Other Payments] https://wwe I .osc.state.ny.us/ach3/achPR.cfm 8, AC92 (Rev. 1/06) Of Voucher Number NewYork STANDARD VOUCHER ~Odginating Agency (limit to 30 spaces}I Orig. Agency CodeOrig. Agency Code Interest Eligible (Y/N) ~)P-Coctract S Department of Agriculture & Markets ~ FPIG C800606 "~iyment Date (MM/DD/YY) OSC Use Only Liability Date (MM/DD/YY) ~Payee ID Additional Zip Code Route Payee Amount MIR Date (MM/DD/YY) 11-6001939 470379000 11971-0959 ~)Payee Name (limit to 30 spaces) IRS Code IRS Amount Town of Southold Payee Name (limit to 30 spaces) Stat. Type Statistic Indicator-Dept. Indicator-Statewide ®Ref/Inv. NO. (Limit to 20 spaces) 53095 Route 25 Ref/Inv. Cate (MM/DD/YY) PO Box 1179 ~ (Limit to 2 spaces)-). ~ ~ SoutholdNY 11971-0959 (~)Purchase Descdpfion of Matedal/Service Order No. If items are too numerous to be incorporated into the block below, Quantity Unit Pdce Amount and Date use For3*~ AC 93 and carry total forward. Purchase of Development Rights - N&J Management farm project $74,615.00 Total I certify that the above bill is jt~st, true and correct; that no pert thereof has been paid except as stated and that $74,6t 5,00 the balance is actually~ ~."3due d owing, and that taxes from which the State is exempt are excluded. Ju ~.~ r 2007 Town of Southold B~lte Name of Company Net $74,6t5.00 FOR AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT Merchandise Received I certify that this voucher is correct and just, and payment is approved, and the goods or services rendered or furnished are for use in the performance of the official functions and duties of this CERTIFIED agency. Verified FOR PAYMENT OF Date TOTAL AMOUNT Authorized Signature in Ink Audited Page No Date Title Special Approval By By (as Required) Expenditure Liquidation Cost Center Code Dept Cost Center Var Yr Object Account Code Amount Odg. Agency PO/Contract Line F/P ~ 800109 04 ; Distribution: Original to OSC with Copyto Agency/Department and Payee [] Check if Continuation form is attached. S T E W A R D S H I P N&J MANAGEMENT CO., LLC to TOWN OF SOUTHOLD Part of SCTM #1000-113-13-1.2 Location: 4735 Westphalia Road, Mattituck Development Rights Easement- 16.570 acres Total Parcel Acreage - 17.57 acres Reserved Area - 1.0 acre Wetlands Area - 0.126 acre Closing held on Wednesday, June 20, 2007 Land Preservation Dept., Town Hall Annex (from left to right) Supervisor Scott A. Russell Norman Keil MELISSA A. SPIRO LAND PRESERVATION COORDINATOR rnelissa.spiro @town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To' From: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Date: June 20, 2007 Re: N&J MANAGEMENT CO., LLC to TOWN OF SOUTHOLD plo SCTM #1000-113-13-1.2 Development Rights Easement - 16.570 acres Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: ZONING: FUNDING: MISCELLANEOUS: 4735 Westphalia Road, Mattituck part of 1000-113-13-1.2 N&J Management Co., LLC Wednesday, June 20, 2007 $1,118,192.00 (based on 16.444 acres @ $68,000/buildable acre) 17.57 acres 16.570 acres R-80 CPF 2% Land Bank This property is listed on the Town's Community Preservation Project Plan. It is an active greenhouse/nursery operation. This project is on an awarded NYS Ag & Markets grant and is eligible for partial purchase reimbursement in the amount of $74,615.00. P R O P E R T Y R E C O R D S ':?i File ',,'ia,',.~ Toc, lta~ Help 113.-13-1.4 473889 SO~thold Actwe R/~: 1 9cb~ H~!! tuck School NJ Hanagement Co Ro ~'ear 2008 Next Yr Land dghts~trft Dwner Total: i Taxab!e Vaiue ~me: NJ Managemeni Co Coun~ ~.30p,. : ~ook: !2~ ~kreet: 38a Fift~ Acm Rd ~chook 2.300 PO Box: City: Sl~ame~. NY Zip: 11180- Schla~erStar: 2.30~ AcctNo: 14 Bale Total: 1 Site I of 1 Lsnd 0 of 0 ~ook Page Sale Date Sale Pdce Owner Prpcls Land ~ight~ 12513 74 06220207 1.118.192 T o~n of S outhol N bhd Cd: 0 .Sewer: Watec Utilities: , 0 E~emplion Total: 0 Tern~ Owo Building : T~t~: Code Amount Yea Pct Special D ~tnct Total. 4 Value / A Code Units Pct Type [dove Tax Type blame O~l ¢~:Bim2 S~FTY(B~It FO030 Matt tuck FD .00 00 .00 PK07~ Mattituck P~I .00 .00 .00 , 113.-13-1.2 4~1 ~ !Acbve FI/S:1 sd~ool Ma{{i Nl::Hanaaemnt~:~6 ~: BoR,~ear: ~ ~ ~t Famfl~ Re~bl[ [andAV~ 6.400 ~ddlg~. ;~: ;~: ~ ~: ~pl~ 11,400 Page: S~e~ , 3Ba Ft~l~g~re ~ S~hooL 11.400 Mor~g P~ ~0~ ~ ::: ' : Bank' ' a · scN a er Star 11 400 Sale - ~0ta 0 SRe i ~1:;1 :: : Land 0 of O Book: Pa~e , ~e::: S~ePrmce: Owner ~ P~pcb: , 1 Faro ly Res E~empho~ ~ ~a* 0 ~ ~rm : F~n , B~lldmg Tea 0 5peci~Oi!!~l~[ :: ;~ 4 ; ~3~lue~ ~ !~r0vement Total 0 : ?~; ~U~I~ P~ ~ype ~(~e I ~.~ Nama Diml Dim2 SQFT Yr Built [D030~,MaRItu~FD ~ ~,P0 O0 ,0~ PKO71 ~at~te~Pait,~ ~0O 00 ~;% : 00 . Double click to open awindow ~ Start Deleted Item!; - Micro,of... 11 ~,~;I RPS Version 4 - [Snap... 2 0 0 7 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (63 l) 765 -6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Januaw 22,2008 Norman Keil N & O Horticultural Products, LTD 38A Fifty Acre Road Saint James, NY 11780 RE: SCTM # 1000-113-13-1.2 N&J Management Co., LLC Request for new greenhouse on property with Town Development Rights Easement Dear Mr. Keil: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code and the Easement on your property, reviewed the request you outlined in a letter dated November 8, 2007, and a sketch you submitted on November 9, 2007, for an additional greenhouse on the above mentioned property. Buildings, structures and impervious structures were existing on your property at the time that the Town purchased the easement on your property. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production and allows for new buildings, structures and impervious improvements. Section 70-5 C. (2) [3] of the Town Code requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. Your request is for a new greenhouse of 52,920 sq. feet, made up of 10 21' bays x 252'. The Committee reviewed and approved the new greenhouse you requested within the development rights easement area, subject to meeting all applicable Town Code requirements. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. Please note that the Committee's approval of the uses within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator enc.: landowner's letter and marked survey copy cc: Planning Department w/landowner's letter and marked survey copy Building Department wi landowner's letter and marked survey copy N & O HORTICULTURAL PRODUCTS, LTD. FACSIMILE TRANSMITTAL N ~ 0 HORTICULTURAL PR©DUC'i'S, LTD. ~'d 0~99~9i:o~ 91a8~981£9 NOU-09-2007 12:~8 From:KEIL NURSERY 63~86282~6 T0:63~7656640 N & 0 HORTICULTURAL PRODUCTS, LTD, FACSIMILE TRANSMITTAL N & O HORTICU[,TU~^L PRODUCTS, LTD, NOV-09-2007 12:30 From:KEIL NURSERY 65186~8816 To:6517656640 P.3 2 0 0 9 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 12, 2009 Norman Keil N & O Horticultural Products, LTD 38A Fifty Acre Road Saint James, NY 11780 Re: SCTM #1000-113-13-1.4 N&J Management Co., LLC RequeSt for deer fencing on property with Town Development Rights Easement Dear Mr. Keil: The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code and the easement on your property, reviewed the request you outlined in a facsimile dated January 29, 2009, with plot plan for additional deer fencing on the above mentioned property. The recorded easement on your property, paragraph 10(a), states that "new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife and to prevent trespassing on the Property." Section 70-5 C. (2) [3] of the Town Code requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. Your request is for the placement of approximately 1500 feet of additional deer fencing along the rear property lines as shown on the January 29th sketch. The southeast corner of the property contains a wetland and your proposal includes installing the deer fence within the wetland area. You must go to the Town Trustees for review and approval, if required, prior to installing said fencing. The Land Preservation Committee did review and approve your request for the placement of additional deer fencing within the development rights easement area, subject to meeting all applicable Town Code requirements. The Committee's approval does not mean that you can proceed with the installation of the fencing. The Committee's approval only allows for you to proceed with pursuing any applicable approvals that are required by Town Code. If you have any questions regarding the above, please call me. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc: landowner's formal request and plot plan cc w/enc: Planning Dept. Building Dept. Trustees JAN-Eg-E009 16:20 From:KEIL NURSERY 6318688216 To:631T656640 P.1 N & O HORTICULTURAL PRODUCTS, LTD. NORMAN KI~IL NURSIr. RII~S 38A FIFTY ACRE ROAD,* ST. JAMES, Ny 11780 TEL.~ 6~1-~84-6330 FAX: 631-862-8216 FACSIMILE TRANSMITTAL COMPANY: -- ~ ' ., DATE: ~ ! ~ ~* F~ ~ TO~AL NO. OF PAGES INCLUDING COVER: PHONE NUMBER: ; ~ :. ,~ [~ t J~N-~9-~00D 1G:~0 fPom:EEIL NURSERY 6~i86~8~16 To:G~1?65GG40 P.~ 600g 6 ~ i,iV? 2 0 1 2 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa,spiro (a~lown.soulhold.ny.us Telephone (631 ) 765 571 I Facsimile (631 ) 765-6640 OFFICE LOCATION: Town HaLl Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 9, 2012 Norman Keil N&J Management Co. 38A Fifty Acre Road St. James, NY 11780 Re: SCTM #1000-113.-13-1.4 (f/k/a #1000-113.-13-1.2) N&J Management Co. Request for utility use on property with Town Development Rights Easement Location: 4735 Westphalia Rd, Mattituck Dear Mr. Keil: The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code and the easement on your property, reviewed the request dated March 17, 2012 for a utility use on the above mentioned property. This request was reviewed at their regular meeting held on April 17, 2012. As other matters were pressing at that time, please accept my apologies for this delayed response. Section 70-5 C. (2) [3] of the Town Code and Section 10 (f) of the recorded easement requires that the Committee review permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. Your request is for Land Preservation Committee approval for a utility use on development rights sold lands from a proposed wind turbine on property identified as SCTM #1000-113:13-1.4. Electricity generated from the use of the wind turbine will serve an agricultural nursery operation. The Committee determined that the utility use requested within the development rights easement has no impact on the agricultural use of the development rights property and is consistent with the original intent of the easement and is subordinate to the agricultural use of the property. Should you utilize the wind turbine in a manner that differs in any way from that proposed to the Land Preservation Committee, or to site the utility use at a location that differs from that proposed to the Committee, you will be required to obtain additional approval from the Committee. The Committee's approval of this use within the easement does not mean that such use has been approved or permitted by other Town Departments or agencies as all improvements are subject to all applicable Town Code requirements. If you have any questions regarding the above, please call me. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc: cc w/eno: landowner's formal request Planning Dept. Building Dept. MELISSA A. SPIRO LA/qD PPoKS ERVATION COORDINATOR Telephone (631) 765-571 Facsimile (63 I) 765-6640 DEPARTMENT OF LAND PRESERVATION TO!ArN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 MAILING ADDRF.,~5: P.O. Box 1179 Southold, Ny 11971-095~ REQUEST for Agricultural Structure Placement on PDR Lan_dc Tax Map No. 1000- I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about (date). ~ Name of Owner (please print): Name(s)'of prewous owner: (if applicable) Mailing Address: Phone Number: Property Location: hist type, size, and use of each agricultural structure proposed: 50 *Attach location map (survey, tax map, or skf~tch plan) showing placement area of agricultucaJ structure(s), distance from property boundary lines, and any readily available information relating to your recuest. YOU may talk with the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. -/, 'Applicant Please return the completed form with attachments to: Town of Southold - Land Preservation Department *All attachments must be signed and dated by property owner. E 3JiL20 50kW Wind Turbine ~1~,-! £r~dura~(e E 3:~,ZO ~vir, d turbin~ is d~sign~d B-3:t20 Benefits GreenLogic, LLC Proposed Norman Keil Nursery Mattituck, NY Wind Turbine: Endurance E-3120 50kW Owner: Date: PROPOSED WIND TURBINE Layout Created By: DLM Date: 3,12.12 Energy Consultant: Dan Malone A E R I A L S I ! I I ! I I ! I I I I I ! I AERIAL PHOTO 1996 I I I I ! I I I I I I I I I I AERIAL PHOTO 1984 I ! I I I I I I I I I I I I AERIAL PHOTO 1978 II I I I i I I I i I I i I I I I AERIAL PHOTO 1966 I I I I I i i I I i I I I I I I AERIAL PHOTO 1955 I I I ! I I I I I I I I I I I I AERIAL PHOTO 1938 S U R V E Y MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OnqCE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 7, 2007 Anthony J. Mangiaracina, Esq. 1727 Veterans Memorial Highway Suite 208 Islandia, NY 11749 Re: N&J MANAGEMENT CO, LLC to TOWN OF SOUTHOLD SCTM # 1000-113 - 13-1.4 - development rights easement Location: 4735 Westphalia Road, Mattituck Dear Mr. Mangiaracina: Norman Keil notified the Town on July 16, 2007, that the shed had been moved from the easement area. He requested release of the escrow funds. I visually inspected the property on Monday, August 6, 2007, and can verify that the encroaching shed has been removed in accordance with the terms set at the time of closing. This letter serves as written notification that the $1500 you are holding in escrow can be released to Norman Keil of N&J Management Co., LLC at your earliest opportunity. Thank you for your assistance in this matter. Very truly yours, /3 Melissa Spiro Land Preservation Coordinator /md CC: Lisa Clare Kombrink, Esq. Norman Keil, N&J Management Co., LLC N & J MANAGEMENT PRODUCTS, LTD. 38A FIFTY ACRE ROAD, ST. JAMES, NV 11780 TEL: 631-584-6550 FAX: 631-862-8216 TO: MELISSA SPIRO FACSIMILE TRANSMITTAL FROM: JUDY FOR NORMAN KI:IL COMPANY:TOWN OF SOUTHOLD DATE: 7/16/07 FAX NUMBER:631-765-6640 TOTAL NO. OF PAGES INCLUDING COVER: 1 PHONE NUMBER:631-765-5711 RE:LAUREL PROPERTY The shed has been moved on the Laurel property. Please release the $1500,00 you are holding in escrow. Please advise when this is done. Thank you. JUL 2 6 2007 DEPI Of LAND PRESERVATION ,g.18' 4.52'10'W AREA OF WETLANDS = 5500 s9,/t, or 0.128 ~;cr¢ LOCA TED BY PECON/C SURVEYORS, P.C. 851' SURVEY OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-113-13-1.2 SCALE: 1'--60' MARCH ~o 2007 FINAL SURVEY 'A' - COU=RSE$ AND DISTANCES AS DESCRIBED IN LIBER 5072 PAGE ,474 'S' - COURSES AND DISTANCES AS DESCRIBED IN LIBOR 50?2 PAGE '~78 'C* ~ COURSES AND DISTANCES AS DESCRIBED IN LIB£R 5072 PAGE 47'5 S74.'52.'10"W AREA OF WETLANDS = 5500 sq, ft, or 0.126 ~cre LOCA TED BY PECONIC SURVEYORS, P.C. cO~I~sogPAR JUN 1 8 OEP[ OF LAND PR£$ERVATIO~ AREA=17.5700 ACRES -x--x--x--x--x- = WIRE FENCE · =MONUMENT $=PIPE CERHF/ED TO: TOWN OF $OUTHOLD N 3: J MANAGEMENT COMPANY NY$ DEPARTMENT OF AGR/CULTURE AND MARKETS STEWART TITLE INSURANCE COMPANY P.O. BOX 12J0 SOUTHOLD, N K A E R I A L M A P Town Towr Public of Southo d Board Hearing Town Development Rights Purchase Map Prepared by Town of Southo~d March 7, :2007 2 0 0 7 B A S E L I N E P H O T O S G 'A' '~ "'OU~SE$ AND DISTANCES AS DESCRIBED IN LIBER 5072 PA E 'B' ' CCURSE$ AND DISTANCES* AS DESCRIBED IN J. JBER 50?2 PAGE 'C' . COURSES AND DISTANCE.~ AS DESCRIBED iN LIBER 5072 PAGE 475 % S74..52.'10'v/ LOCATED BY PECOt~C N · J MANAGEMENT COMPANY I /~',.'~."~\ \ I NYS DEPAR~ENT OF A~ICUL~RE AND MARKE~ ~ //~ ~ 618 ~ AL~RA~ ~ A~ TO ~IE SURLY IEA ~ ~ EC~IC I -~=~RE F~CE HEREON ARE V~D ~ ~S MAP AN~ COPIES TW~ ~LY =MONUMENT ~lO ~AP ~ C~ES flEeR ~E IMPREff~ED ~'~L OF ~E ~ 1730 ~A~LF~ STREET] o~ o~o ] Baseline Report-Photos N&J Management Pictures taken 4/26/07 We used GPS equipment to create a layer of the points at which we took the pictures. This layer will be saved and maintained. An Excel spreadsheet of the coordinates is included with the Baseline Report. The GPS layer will be used for future monitoring. The layer will be loaded onto the GPS unit to enable us to navigate to the same points. The survey included with the Baseline Report shows the same picture points with lines showing the direction from which the picture was taken. GrantPhotos N&J Management Photes GPD Coordinates Photo date: April 26, 2007 Point 1 2 3 4 10 11 Degree of Accuracy: Project XCoord YCoord N&J -72.5517 40.9943 N&J -72.5538 40.9934 N&J -72.5514 40.9938 N&J -72.5508 40.9936 N&J -72.5502 40.993 N&J -72.5491 40.9923 N&J -72.5516 40.9911 N&J -72.5514 40.9915 N&J -72.5508 40.9935 N&J -72.5517 40.9936 N&J -72.5535 40.9932 +/- meter Date Recorded 4/26/2007 4/26/2007 4/26/2007 4~26~2007 4/26/2007 4/26~2007 4/26/2007 4~26~2007 4/26/2007 4~26~2007 4/26/2007 Picture Point 1 la Photo point at northeasterly corner of property line. Looking in southerly direction along and towards easterly property line. Shows existing vegetation (trees). Area and are not within easement area. lb Photo point at northeasterly corner of property line. Looking in southwesterly direction. Shows existing vegetation (trees). r are within Reserve Area and are not within easement area. Picture Point 2 2a Photo point at northwesterly corner of property line. Looking in an east/northeasterly direction along northerly property line. Shows existing vegetation (trees) along property boundary with ~halia Road. 2b Photo point at northwesterly corner of property line. Looking in and east/southeasterly direction Shows existing vegetation (trees.) Greenhouses and black landscape covering can be seen towards middle of property. 2c Photo point at northwesterly property line. Looking in southerly direction along westerly property line. Shows existing vegetation (trees). Black landscape covering can be seen towards middle of Picture Point 3 38 Photo point at southerly boundary of Reserve Area and easement area. Looking in southeasterly direction. This area is the current access point to the greenhouses from Westphalia Road. Shows pervious parking/access area, plastic and metal frame greenhouses ricultural 3b Photo point at southerly boundary of Reserve Area and easement area. Looking in south/southwesterly direction. Shows pervious parking/access area and wooden agricultural building. 3c Photo point at southerly boundary of Reserve Area and easement area. Looking in west/southwesterly direction along Reserve Area and easement boundary. Shows pervious parking/access area, corner of wooden agricultural building, and part of plastic and metal frame reenhouse. Picture Point 4 Photo point near easterly property line approximately 100' south of jog in property line (GPS coordinate should be used). Looking in southeasterly direction along and towards easterly property line. Shows trees along easterly property line, pervious farm access, and side of plastic an( reenhouse. 4b Photo point near easterly property line approximately 100' south of jog in property line (GPS coordinate should be used). Looking in southwesterly direction. Shows side of plastic and metal frame reenhouse access area, and part of loading area. 4c Photo point near easterly property line approximately 100' south of jog in property line (GPS coordinate should be used). Looking in westerly direction. Shows pervious access area, Ioadin area, side of plastic and metal frame greenhouse, and building. 4d Photo point near easterly property line approximately 100' south of jog in property line (GPS coordinate should be used). Looking in northwesterly direction. Shows pervious access area and agricultural building. House in background is within Reserve Area and is not part of easement area. Picture Point 5 Sa Photo point near easterly property line approximately 330' south of jog in property line (GPS coordinate should be used). Looking in southeasterly direction along and towards easterly property line. Shows trees along easterly property line and miscellaneous greenhouse framing material. 5b Photo point near easterly property line approximately 330' south of jog in property line (GPS coordinate should be used). Looking in south/southwesterly direction. Shows wooded area on south side of property, black landscape covered area for plants and irrigation system. Sc Photo point near easterly property line approximately 330' south of jog in property line (GPS coordinate should be used). Looking in westerly direction. Shows end of greenhouse area and drainage structures separating greenhouse area from black landscaped area. 5d Photo point near easterly property line approximately 330' south of jog in property line (GPS coordinate should be used). Looking in northwesterly direction along easterly property line. Shows side of greenhouse area, pervious access area, miscellaneous greenhouse framing material and treed area along easterly property line. Picture Point 6 68 Photo point near southeasterly corner property marker. Looking in west/southwesterly direction along southerly property line. Shows wooded area at south side of property and small wetland area. 6b Photo point near southeasterly corner property marker. Looking in northwesterly direction along southerly property line. Shows wooded area at south side of property and small wetland area. 6c Photo point near southeasterly corner property marker. Looking in northerly direction along easterly property line. Shows wooded area at south side of property and small wetland area. House is on adjacent property under separate ownership and is not within easement area. Pro and will be when em Picture Point 7 Photo point at southwesterly corner property marker. Looking in north/northwesterly direction along westerly property line. Shows wooded area along property line. Greenhouses can be seen towards middle of 7b Photo point at southwesterly corner property marker. Looking in northeasterly direction towards middle of property. Shows wooded area. Greenhouses and black landscape covering can be seen towards middle of 7c Photo point at southwesterly corner property marker. Looki~ direction alon southerl~ Picture Point 8 Sa Photo point at south side of property at edge of wooded area about 150' from westerly property line. (GPS coordinate should be used). Looking in northwesterly direction along westerly property line. Shows black landscape cover area, irrigation for area, terrace and drainage between greenhouse area and black landscape covered area, deer fencing and greenhouses. 8b Photo point at south side of property at edge of wooded area about 150' from westerly property line. (GPS coordinate should be used). Looking in northeasterly direction. Shows black landscape cover area, irrigation for area, terrace and drainage between greenhouse area and black landscape covered area deer fencir reenhouses. 80 Photo point at south side of property at edge of wooded area about 150' from westerly property line. (GPS coordinate should be used.) Looking in easterly direction. Shows black landscape cover area, irrigation for area, greenhouses in background and wooded area at south and east side of Picture Point 9 98 Photo point near~5out 60' west of easterly property line approximately 100' south of jog in property line (GPS coordinate should be used.) Looking in westerly direction into covered cement walkway area that is part of plastic and metal frame reenhouses. Picture Point 10 10a Photo point at southerly boundary of Reserve Area and northerly boundary of easement area, approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in northeasterly direction. This area is the current access point to the greenhouses from ~hali ~hows parkin and ricultural building. 10b Photo point at southerly boundary of Reserve Area and northerly boundary of easement area approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in southeasterly direction. Shows west side of agricultural building, portable port-a-potties, and ~n ~alates of materials. 10c Photo point at southerly boundary of Reserve Area and northerly boundary of easement area, approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in south/southeasterly direction. Shows west side of agricultural building, pervious access/parking area, storage on palates of materials, miscellaneous greenhouse materials and loading area and reenhouse in background. 10d Photo point at southerly boundary of Reserve Area and northerly boundary of easement area, approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in southerly direction. Shows east side of and reenhouse. 10e Photo point at southerly boundary of Reserve Area and northerly boundary of easement area, approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in southwesterly direction. Shows corner of plastic and metal greenhouse and start of deer fencin( area. 10f Photo point at southerly boundary of Reserve Area and northerly boundary of easement area, approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in westerly direction. Shows black landscape covering, irrigation for area and deer fencing. Structures in round are on and are not within easement area. 10g Photo point at southerly boundary of Reserve Area and northerly boundary of easement area, approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in north/northwesterly direction. Shows black landscape covering, irrigation for area, electric box and deer fencing. Electric box and some of the area with black landscape covering is within the Reserve Area. Structures in background are on the other side of Westphalia Road and are not within easement area. 10h Photo point at southerly boundary of Reserve Area and northerly boundary of easement area, approximately 180' off easterly property line. (GPS coordinate should be used.) Looking in northerly direction. Shows end of black landscape covered area and deer fence. This area, although part of the area, Reserve Area. Picture Point 11 11a Photo point near northwest property line. (GPS coordinate should be used.) Looking in east/northeasterly direction along and towards easterly property line. Shows existing vegetation (trees) and deer fence along northerly property line, planting bed area with irrigation and covering. Greenhouses are shown in background. 11b Photo point near northwest property line. (GPS coordinate should be used.) Looking in east/southeasterly direction along and toward middle of property. Shows planting bed area with irric system and landscape coverin~ Greenhouses are shown in background. 11c Photo point near northwest property line. (GPS coordinate should be used.) Looking in south/southeasterly direction. Shows middle of property toward southwesterly property line. Shows planting bed area with irrigation system and landscape covering. Greenhouses are shown in background, 11d Photo point near northwest property line. (GPS coordinate should be used.) Looking in south/southwesterly direction. Shows southwest side of property and southwesterly property line. Shows planting bed area with irrigation system and landscape covering. There is deer fencing near perimeter of property.