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HomeMy WebLinkAboutMacari Associates PLT (f/Wa 1000= -2=p/a 10) Baseline Documentatl6ul, Prses:' 4735 Cox Lane Cutcho&e, New York 25.°6936 acres Development Rights..Easement MACARI ASSOCIATES LLC to TOWN,,SOF SOUTHOL Deed dated May 11, 2007 Recorded May 29, 2007 Suffolk County Clerk Liber D0001250, Paget27 H y 1000-96-2-10.2 (f/k/a 1000-96-2-p/o 10) Baseline Documentation Premises: 4735 Cox Lane Cutchogue, New York 25.6936 acres Development Rights Easement MACARI ASSOCIATES LLC to TOWN OF SOUTHOLD Deed dated May 11, 2007 Recorded May 29, 2007 Suffolk County Clerk - Liber D00012507, Page 027 SCTM #: 1000-96-2-10.2 (f/k/a 1000-96-2-p/o 10) Premises: 4735 Cox Lane Hamlet: Cutchogue Purchase Price: $198499939.20 (25.6936 buildable acres @ $72,000/acre) Funding: Community Preservation Fund (2% land bank) and USDA-NRCS federal a grant award ($924,966.10 reimbursement)) CPF Project Plan: Yes Total Parcel Acreage: 27.5302 acres Development Rights: 25.6936 easement acres Reserved Area: 1.8366 acres Zoned: A-C Existing Improvements: In January 2007 — Fallow field with irrigation well, woods (n/w boundary), lawn • (extending from reserved area), hedge (n/e boundary) DESCRIPTION LAND The subject is a 25.691 acre portion of a larger parcel of land described as follows: The property has an irregular but useable shape having 7671' of frontage along Cox Lane, 551t' of frontage along the Long Island Rail Road, a westerly line of 1,1491', and a southerly line of 1,300±', for a total area of 27.53± acres (of which 1.84± acres are excluded, leaving a subject area of 25.69±acres). The land is cleared and has a generally level topography. The above dimensions are taken from the Suffolk County Tax Map. We have • included a copy of the Tax Map showing the subject in the addenda to this report. Utilities(electric and telephone)are available along the property's road frontage. Cox Lane is a two way, two lane, publicly maintained, macadam paved road. Public water is not available in this area. • F,GIVEN 21 ASS0CIAlf3 P � R O P E R T Y V I � S U A L S • Yf SEG N], WTCN UNE MATCH eaHfOII.f] AOR PCL.NO. FOR• PCL.W. A e'Qr SEE SEC.W. mP SEE SEN. 004-04-001 064-04-006.4 i 8 D4 r a 'P z 4 L rD ya WLkO,c r 44N 9'tMry ��N �r 14 41 O 4 lc.oA Z K4 N q $S' sl ra, y aye N 4. 4�4v �rI O OF S FOLK .IN1.fM PM151 1 22 r w 9 634 13 21.14 yf TMN OF SWTNMD I3P mF vfL4iMEMf PNMSI p Lei TOWN a SWTxMO f M ipEVRWNfNI pcNiE� 4 O 2B I 12.1 y ;10 343dlcl 4 SPCPFO MAPI[ENF1fPY 14 9.Od 4 4 w TOWN OF s6urxMo 1. MVE10VMfM PDMS POM111 G1MWF CNMM Cs �. M q.W LE01 Oi cSiPl.PA 1M1 FOR M.M. 1 r 6 122 3' SEE SEC.W. SEE SEC.W. 7.2MI l 102-02-002.1 102-02-021.1 MATON �— UNE MATCH z — LME WTCN �– LME 1� SEE SEC.RD.102 swMMNE.+MwM4/00PrMofrt tm Tax neap Lo ago 71 � NORTN R� i W8 L I I i I I m 4 I I Zoning Map 72 ' ,John S. Goess Realty Appraisal, Inc. I ' • AERIAL VIEW OF SUBJECT PROPERTY dti N ' Subject r '^F 1 1 5 John S Loess ReWAppiwsal, Inc VIEW OF THE SUBJECT PROPERTY TAX MAP SHOWING APPROXIMATE LOCATION OF THE AREA TO BE RETAINED BY THE OWNER ILI QIL FM PR.M. SfF'Ec.w Y. Subject CS 6 ,john S. Goess Realty Appraisal, Inc. �• STREET SCENE FACING NORTHERLY ALONG COX'S LANE SHOWING SUBJECT PROPERTY(FARM HOUSE PICTURED IS WITHIN THE 2-ACRE AREA TO BE RETAINED BY OWNER) CLOSE-UP VIEW OF FARM HOUSE SITUATED IN AREA TO BE RETAINED �.r 7 RaWAppi2isalkc FACINGSUBJECT PROPERTY t 'i SUBJECT • l PROPERTY111 ' w , __ .. .:. I tJohn S. Goess RealtyAppiaisal, Inc. SUBJECT PROPERTY FACING NORTHWESTERLY ACROSS NORTHERLY PORTION FROM COX'S LANE ARM HOUSE PICTURED IS ON ADJACENT PROPERTY) 1 1 1 1 NSUBJECT PROPERTY FROM MID-PARCEL FACING WESTERLY FROM COX'S LANE 10 1 9 ' John S. Goess Real1J' imsa . APP l, Inc VIEW OF BARN STRUCTURES ON SUBJECT TAX LOT(STRUCTURES ARE SITUATED • WITHIN THE 2-ACRE AREA TO BE RETAINED BY THE OWNER) 1 1 1 1 1 1 1 ' 10 ti s i x+✓ P y ea SUBJECT PHOTOGRAPHS Zr ey View Northerly Along a, View Southerly i hr Along Cox Lane F. � a �(�.TY���.e.G � "� "R'T ?+��`i� 4a"•y'&W,�E 1��. .6 i� 1.`+d8t a 9 r f A At �4 w,a•a�n'vV.s.�J - � 40? .ter _.3"y,_ . '.x'a :'dT"'�, `4 :�� �`�?• :� 'so^'l•�tG""L• ,"rr.� .'�vt _ Tr"'�S,' . IN . Y 4{y AM BJECT PHOTOGRAPHS N NORTHSTREET SCENCE FACING ALONG COX LANE STREET SCENE FACING SOUTH • COX LANE 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 Macari 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 and the Target Protocol) 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 lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The overall property is comprised of 27.1 acres of partially developed land. The subject property is located on the west side of Cox Lane, approximately 500 feet south of Middle Road (CR 48). The physical address of the property is 4735 Cox Lane and the site location is more particularly described as Suffolk County Tax Map # 1000-96-02-10. The subject property consists of fallow field, a house and detached garage, a large bam and two • (2) small storage sheds. The farm field comprises approximately 25.3 acres of the 27.1 acre parcel. The remaining area of the property contains the buildings and grass area. An inspection of the fallow field revealed an irrigation well located in the east central portion of the field. This well had a pump engine and an above ground 275 gallon diesel fuel storage tank located adjacent to the well. An inspection of the area surrounding the well revealed an area of significant staining (apparently petroleum) beneath the engine and down a small slope into a rocky drainage swale. An area located in the northeast comer of the field had been utilized in the past as a storage area for farm equipment. At the time of the site reconnaissance, this area contained an old wooden truck body for potato transportation, a wooden box that appeared to be for transporting animals and miscellaneous debris and wood. The remaining area of the field was overgrown with natural vegetation. The house, detached garage and large barn are located on the east side of the property. The house consists of a two (2) story wood framed structure with a partial basement. The living space consists of sheetrock and plaster walls and ceilings, and linoleum, carpeting and hardwood on the floors. The basement contains an oil tired boiler, washing machine and dryer and is utilized for storage by the tenant. An underground storage tank which supplies fuel oil to the boiler is located on the north side of the house in the lawn area. The age, capacity and integrity of this tank are unknown. Staining was observed on the floor beneath the burner unit and shut- off valve on the fuel oil supply line. Inspection of the basement floor revealed two (2) floor drains were present. One (1) drain is located in close proximity to the boiler and consists of four • Macari Property,Cutchogue Phase I ESA • (4) inch diameter cast iron pipe that appears to discharge to the soil beneath the bottom of the pipe. The second drain is located on the north side of the basement adjacent to the washer and dryer, and consisted of an open grate that discharges directly beneath the grate into a small drywell formed by concrete blocks. The overhead heating pipes are covered with suspected asbestos containing pipe wrap insulation. A small tank located above the boiler is also wrapped with the same material. It is estimated the basement contains over 150 feet linear of the pipe insulation. A private water supply well is located in a pit in the northwest corner of the basement. This pit also contains an electric well pump. The exterior of the house consists of asbestos shingle siding and an asphalt shingled roof. The detached garage consists of a root cellar that was utilized to store potatoes, with a wood floor drive in garage above. The cellar under the garage is empty except for a conveyor belt, some pieces of lumber and several empty five (5) gallon plastic pesticide containers. No staining or odors were observed in the basement. The first floor garage has a wooden floor; this area is utilized for storage of a variety of personal items by the tenant of the house. No staining or odors were observed in the garage area. The rear of the garage is sided with asbestos shingles and the front and sides are sided with vinyl siding on top of wood shingles. A small wooden shed is located on the south side of the large barn. This shed contains miscellaneous debris and two (2) 55 gallon drums (containing what appear to be petroleum products) that have hand pumps attached to the tops. Staining was observed on the dirt floor of this shed in the vicinity of at least one (1) of the drums. The bottom of the second drum was not visible. This shed had vinyl siding which may have been placed over asbestos shingles and an asphalt shingle roof. A second small shed is located on the west side of the large bam. This shed (which was in deteriorated condition), had wood panel siding and an asphalt shingle roof. The interior of this shed contained a small quantity of debris. The yard in the vicinity of these outbuildings contained two (2) work trailers, one (1) of which contained a large generator, a ten- wheel dump truck and two (2) small lawn mowing tractors. The floor space of the large bam is divided down the middle and consists of two (2) identical 2,100 SF sides. The exterior of the bam consisted of asbestos shingles that were partially covered by vinyl siding in places and an asphalt shingle roof. The two (2) sections of the divided interior are rented to two (2) separate individuals. The interior of the northern unit was inspected while the southern unit was not able to be accessed. The northern unit was one (1) large open space that was entirely filled with a collection of antiques and miscellaneous items. A large stained area of approximately 4x8 feet in area was observed in the parking area on the south side of the bam. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1961, 1969, 1976, 1980, 1994 and 2004 were reviewed in order to determine if any prior uses that occupied the subject property. The property appears to have always been farmland. The house and detached garage were present in all of the aerials and the barn appeared to be present from 1961 thru present day. NELSON,POPE&VOOMIS,LLC ENVIRONMENTAL•PLANNMG•CONSOLTMG Page 2 of 25 Macari Property,Cutchogue Phase IESA • An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State or County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) Inactive Hazardous Waste Disposal Site (IHWDS) is located within one (1.0) mile, one (1) CERCLIS Non-NFRAP site, one (1) Hazardous Substance Waste Disposal Site (HSWDS), six (6) Solid Waste Facilities (SWF) and three (3) active and closed spill incidents are located within one-half(0.5) mile and two (2) Petroleum Bulk Storage (PBS) facilities and one (1) RCRA Generator are located within close proximity of the subject property. i In conclusion, this assessment has revealed the following evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. 1. The stained soil beneath the irrigation well pump engine and located beneath the drums in the small shed and on the ground on the north side of the barn should be reported to the NYSDEC Spill Hotline as a spill in order properly remediate this condition. 2. The staining in the basement floor in proximity to a floor drain should be further examined to determine if subsoils associated with the drain have been impacted. If a reportable quantity of petroleum has been released, this should be addressed in connection with the above spill. The heating equipment should be serviced to stop the leak, and the floor drains in the basement of the structure should be sampled and sealed • in conformance with the USEPA Class V Underground Injection Control program. 3. The soil surrounding the underground fuel oil storage tank located on the north side of the house should be sampled and analyzed for the presence of semi-volatile organic compounds in order to determine if a prior release has occurred. 4. The staining on the dirt floor of the shed located on the south side of the large barn should be further examined to determine if a reportable quantity of petroleum has been released. If so, the spill should be addressed in connection with the spill noted in item 1 above. The drums should be inspected to or the practice which causes spillage should be ceased. The drums should be placed on an impermeable barrier or properly removed and the contents properly disposed of, if not in service. 5. The staining on the ground in the parking are on the south side of the large barn should be further examined to determine if a reportable quantity of petroleum has been released. If so, the spill should be addressed in connection with the spill noted in item 1 above. 6. If the buildings are to undergo major renovation or demolition, an asbestos survey should be completed in accordance with NYS Department of Labor Industrial Code 56. • NELSON,POPE&VWS.LLC ' VIaONMENTAL•PLANNMG•CONSULTENG Page 3 of 25 PPR--- New York State Department of Environmental Conservation Division of Environmental Remediation, Region One • Spill Pra4antlen and Respond9 5o Clrcls Road.SUNY,stony Brook,NeW York 11790-2355 Phona:(831)444-0920 * FAX: (631)444-0328 Webelie:www.dec.state.nyus Awxwwer a.r�andY cornmassanar April 27,2007 Joe Maoari. Maoari vineyard P.O.idgx 2 Miatituck,NY 11952 Re: Spill#0651946,473$ Cox Laue,Cutehogae Dear Mr.Macari: The Department has reviewed the records and data submitted by you regarding cleanup actions at the above refergmed petroleum spill site. Based on such review,the Department determined that you have completed the necessary cleanup and removal actions,and no Rather remedial activities are necessary. Nothing contained herein shall be cnnshiwd as barring,diminishing,or in any way limiting Department's authority under the Navigation Law or the Environmental Conservation Law,including the authority to require additional remedial work,if necessary. If you have any questions,please call me at(631)444-0339. Sincerely, Brian M.Donovan L'uvimmnental Program Specialist l oc: A. Cirrito, NYSDLC ! S. Searl,Peeonic Land Trust caw 4 Note ae `f®x M,r I co. NY S X335 zo c <✓ `f�¢hl' e01e 4-4 y � ^r8 4a rp.0e0t e?ers^, . Fin vna°" 070-1 ,1 fix. 0-p 1 TOTRL P.01 Z0/Z0 39tid isna1 ANTI 9INM3d 9CZ0CHIC9 0960 100Z/0C/40 Fallow farm field facia south Well pit in basement of the house a:. Oil burner in basement of the house Water tank above boiler. Tank is approved in an ACM blanket. m s r m m mom r =c i Sus ected asbestos i wra insulation Oil an 1 and return line enterin foundation wall. 1 -4 r Staining beneath oil burner Floor drain adjacent oil burner M mom x � 4000OF y Floor drain near washer and dryer Basement of house 1XI"I v r / F K i .i Fill port for fuel oil storage tank Rear of detached garage 9 i �' � y (,.I�$. � « ��• �. V '_£'4pY�� � Vii.: wi �. '�: � p „• �. x "tea � - raY 7�'���'�'Q*{� a.�'l` £ 4 x • • r �` a yrx.. •� .ter, _ �_ i a M mom 41, Equipment on west side of barn Two sheds on south and west sides of barn low North side of barn Irrigation well pump engine and tank = mob= m m m m � m i s m s m m M rO M t T *- y w.. v Rw �M1� we} Staining in parking are on south side of barn Fallow farm field t or s r Irrigation well pump engine Front of house x Irrigation well pump engine and tank 1 Macari Property,Cutchogue Phase I ESA FIGURE 1 ' LOCATION MAP im skn \\\ 6�1141 "C 1 M 1 lk�� �Xca Cladwg RD OR2 .,urt�tMgee v.mm� c "Ib �M Sti ffi 8 e O Cutch gue 'd V ]5 I 1 a ' Source: DeLorme Street Atlas Scale: Not t0 Scale NOR'T'H ' E'Vl o MENT Lv PLANs G I EhVIRONMENTpL�PLYNNING�CONSlA.IING I 1 Macari Property,Cutchogue Phase I ESA FIGURE 2 1 AERIAL PHOTOGRAPH 1 1 1 1 i i N 1 1 1 _ 1 1 1 1 Source: NYSGIS Orthoimagery Program,2004 Scale: 1"=250' NORTH 1 ..SON POPE 6 V0.q^ HIS.LLC vNVIPONMENiPl Fl ANNING CONSl.LTING ' Macari Property,Cutchogue Phase I ESA FIGURE 3 ' LAND USE MAP e' 4 4 Y r s q Source: NYSGIS Orthoimagery Program,2004 Scale: 1"=800' N°ierH �rV-AI ' NEL" POFE 6 VOQ�FilS,LLC ENVIRCNfNENTGL RgfWING CCNSIJLTING Macari Property,Cutchogue Phase I ESA FIGURE 4 ZONING MAP V 77 L 1 \ Zane Descd on 1 \ AC __eriwkutal Conservation I R�O Residential Low Dena AA — `I R-80 _ _Resitlankal Low Density A R-120 Residential Low Density B 1 ` R-200 Residential Low Density C R400 Residential Low Density D .HD Hamlet DensAyResidersdal AHD Affordable Hausmg District RR Resort/Residenkal RO __—.- Residenaa00Fice g HB Hamlet Business LB Limited Business 'B General Business Manna I MII Marine II UO Light IndustnaOOMW Park Y r ' ,�I r HD as80 l NORTH Source: Town of Southold Zoning Map ��saN POPE s voaa G LLC Scale: V'= 1,500' ENVW�NT4• PL G•CCN9-ATING 1 Macari Property,Cutchogue Phase I ESA FIGURE 5 ' SOILS MAP ' HaA PIC it HaA HaB I.A PmB3 > HaB HaB N r, RdB HaB -. a HaA E� Ma .27 H��Q HaB PIA .o "' Ha 4F a) RdB RdC ' = He aA R HaA i 1 2a B 27 Ha HaB Hae HaA Rd ' z Cu c g Go ti n -- SACRE EA - - .- C_ ET- R Y Source: Suffolk County Soil Survey Scale: 1"=800' Noxrx �Pl�al ' IF 1"111'F.0 1O 119,LLC --Fl, 90NVIFIIT4L. R.NING.CO SL 111 1 Macari Property,Cutchogue Phase I ESA FIGURE 6 1 TOPOGRAPHIC MAP + t t S` • `•:. iii i __ ' r : 0 ,� f 1 4F ' -.- + ; \�. . O I :/'•rte . t �» . i ��. � ;- �• rte/ /^IIS } to 1 �- - J , ;�' Sacre ea t i ; r `�' ' - Source: USGS Topographic Quadrangle,Southold&Mattituck Hills Scale: 1"=800' NORTH dt 1 NELPJGN PO 6 VOIX HIS.LLC '--NV6iGKN WN . �HNNING•CON%TING 1 Macari Property,Cutchogue Phase I ESA FIGURE 7 ' WATER TABLE CONTOUR MAP S1678o 3.580 a ` �HOG� NECK S533 BAY 5.70 C LIT PEC ' c' . �-14 3.370 tiyG' B6 9 540 ? 516756 (e ton 06 98 .. ,..._ 61588. •)37 S91814 551581 0705 8�I685` GREAT 9A1 PECONIC Z31701'-'�� BAY2.4 232.420FLANDERS BAYS74308.69S7 5 3 . S460538 46 Q7 88 5 546633 11.51 06.02 4886 S46534 1.940 10.750 ' �� `• - — --L la S48-5 Source: USGS Water Resources Investigations Report,2002 Scale: 1"= 10,000' NORTH RPM RP ' NELSON POPE 6 VOORHIS,LLC ENVIP.gVMENTPL•PLnf lV ,CCN ML Macari Property,Cutchogue Phase I ESA FIGURE 8 WATER MAIN MAP 0. 17 Source: SCWA Distribution Map,2005 NORTH Scale; Not to Scale + NEtSCN POPE VOOPH[S LLC ENViRCMENT4. PANN� G I CIXVSILMN6 1 Macari Property,Cutchogue Phase I ESA FIGURE 9 ' FRESHWATER WETLANDS MAP y' 45. O. � � . : '011 40P i 36 48 • q �q • i� / .• ���.' w d �'�,�• r' "Sacred Heart 'o O r em Source: NYSDEC Freshwater Wetlands Map,Southold&Mattituck Hills Scale: V=800' N �LSENVIR N EN7 L V PLP I.LLC ENVIFONMENTgL•PL4MVING.CCNSLILTING em Macari Property,Cutchogue Phase I ESA FIGURE 10 FEMA FLOOD MAP Town of Southold ONE 360813 zoox ZONE X I cps V ZONE x e, ua it Source: FEMA Flood Map,Panel 163 Scale: 1"=800' NORTH NELSON POPE 6 VO I6.LLC ENViRGYVENTA .FLNWNWe.CCN6lATING Toxics Targeting 1 Mile Buffer Search Map . }'., \\� Macari Property Cutchogue, NY 11935 IN Suffolk County National Priority List(NPl.) 5 \\ p b d / N � Inactive Hazardous Waste InacL Haz Waste Disp. \� 4 �\ ®Disposal Registry Site Registry Qualifying A ❑ RCRACorrective Action Facility '/ Macer}i operty /./ s e 7 �// Subject �,.:.. t �� Area � Walerbotly \ eCF� x� a /k� County "+ Railroad Tracks „✓ � /� �.� �/ r� ��V Border Tracks 1 Mile — _. 12 Mile \� Radius Radius 1/4 Mile — — 1/8Mile Radius Radius Scale: 1 inch= 1794 feet �' \\ ,� Toxics Targeting 1/2 Mile Buffer Search Map ZOO Macari Property � Cutchogue, NY 11935 Suffolk County p Delisted NPL Site CERGL Non-NF APSit find ,�}, NFRCLIS Superfi"nd Noo-NFRAP Site `[}' NFRAP Site s s Macari Property u ® Hazardous Waste Treater, Storer,Disposer ® Hazardous Substance (�7 Solid Waste Waste Disposal Site Facility Bro�/ r � Site olds @ \Site Hazardous Material Spill s \\ A9 s, Subject Area Waterbody County r Railroad Border — _ Tracks > �✓ Rodu Ra Mile Radius Radius 114 Mlle — — 1/8 Mile Radius Radius Scale: 1 inch= 1013 feel r ami a / Toxics Targeting 1/4 Mile Buffer Search Ma Macari Property Cutchogue, NY 11935 N \� f Suffolk County h Macari Property f " o ✓/ r \� Major Oil Enforcement Storage Facility Docket Facility "���r�� Chemical Storage Air 0 Facility Release Toxic Release Petroleum Wastewater Discharge Storage FaBI ty Hazardous Waste o a ® Generator,Transp. / e Subject Area Waterbody x County I / 9 `✓ — — Corder Tracks ks 1/4Mile — — 1/8 Mile \� Radius Radius \\ Scale: 1 inch=623 feet Toxics Targeting 1/4 Mile Buffer Closeup Map i 9 Macari Property / Cutchogue, NY 11935 N n 9 W Suffolk County National Priority Delisted NPL Site List(NPL) ' \ O 3 CERCLIS Superfund CERCLIS Supertun"d Non-NFRAP Site 93 NFRAP Site Inactive Hazardous WasteInert.Haz Waste Disp. Macari Property / rT ®Disposal Registry Site N Registry Qualifying 10 �\ , r1C \\ / ,� kyr ® HazaMous Waste Treater, RCRA Corrective J/ Storer Disposer Action Facility `z�( Hazardous Substance Solid Waste Waste Disposal Site ® Facility" Motor Oil @Site— elds ,l` n Storage Facility "' Bromn Chemical Storage Hazardous 0 Facility^' Matedal Spill " e Toxic Release Wastewater Petroleum Bulk Discharge "' # Storage FacilityEnforceme DocketF cilHazardous "' ® Generator,Waste , ansp . Air Release•" O b Subject Area Waterbody County Railroad %SA Border Tracks 114 Mile — — 1/8 Mile VA Radius Radius 1 Mile Search Radius "1/2 Mile Search Radius Scale: 1 inch=623 feet '^114 Mile search Radius A P P R A I S A L R E S O L U T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Thursday, November 9, 2006 Members Present: John Sepenoski Ray Huntington Chris Baiz Lillian Ball Eric Keil Members Absent: Ray Blum, Chairman Michelle Zaloom Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Randy Parsons, The Nature Conservancy Bill Edwards, Town Councilman Tim Caufield, Peconic Land Trust Commencement: • The meeting began at 7:14 p.m. with five LPC members present. Adoption of Meeting Minutes: • Adoption of LPC meeting minutes from October 24, 2006 MOTION made by Ray Huntington, seconded by Lillian Ball, to accept the minutes of October 24, 2006. Motion carried 5/0. Inquiries ( q O6 LpC yet^ 1� • MACARIPROPERTY SCTM#: 1000-96-2-10 Zoned: A-C Location: 4735 Cox Lane, Cutchogue FWet: 0 Total Acreage: 26.5 acres (GIS 27.67 acres) MWet: 0 CPF: Yes Subdividable: Yes Formal authorization for appraisal. Tim Caufield discussed Peconic Land Trust's offer to purchase farm that was accepted by landowner. PLT would then sell development rights to Town. An appraisal was ordered prior to meeting after approval from members via e-mail. MOTION made by John Sepenoski, seconded by Ray Huntington, to formally authorize an appraisal on the Macari property for a development rights easement. Motion carried: 5/0 P • U B L I C H E A • R I N G • Town of Southold - Letter Board Meeting of January 16, 2007 • ®1 RESOLUTION 2007-104 Item # 22 ADOPTED DOC ID: 2520 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-104 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2007: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,January 30, 2007, at 5:05 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 Macari Associates LLC (Peconic Land Trust as Contract Vendee). Said property is identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue,New York. The property is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and • County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25t acres of the 27f acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two thousand dollars)per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business • hours. Generated January 17, 2007 Page 30 Town of Southold - Letter Board Meeting of January 16, 2007 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. • • Generated January 17, 2007 Page 31 LEGAL NOTICE • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 30, 2007, at 5:05 a.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 Macari Associates LLC (Peconic Land Trust as Contract Vendee). Said property is identified as part of SCTM#1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25t acres of the 27t acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two thousand dollars)per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and • FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: January 16, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 25,2007,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 Attorney Land Preservation Town Clerk's Bulletin Board • • SOUTHOLD TOWN BOARD PUBLIC HEARING January 30, 2007 5:05 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the / provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 30, 2007, at 5:05 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 Macari Associates LLC (Peconic Land Trust as Contract Vendee). Said property is identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25t acres of the 27f acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation • Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have notice that it has appeared as a legal in the local newspaper and it has also appeared as an announcement on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board on this issue? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: The Town is purchasing a 25 acre developments rights easement on this 27 acre farm. There is a two acre area including again, an existing residential dwelling and accessory structures that will not be part of the casement. Once again, no additional residential structures would be allowed on the farm and the acquisition does not involve any type of residential • subdivision. The landowner is basically preserving all but the two acre area around the • existing dwelling. The Peconic Land Trust is involved with and has been facilitating this preservation effort. The purchase price is $72,000 an acre; supported by an appraisal. The Macari farm is located in what is becoming one of the Town's largest blocks of preserved land. There is approximately 100 acres of preserved land south of this property and almost 200 acres of preserved land when you go across the street and to the east. Again, each labeled parcel on this map, I think these labels are larger and you can see them, each labeled parcel is preserved farmland. The Land Preservation Committee and I have been trying to expedite this application and again, it is likely that we are going to have a closing in a couple of weeks. There is a chance that we may be eligible for some federal funding on this parcel, although at the moment it is not looking as likely as it did a few hours ago. So I just wanted to mention that we may have some federal funding for this. Once again, both the Committee and I recommend that the Town proceed with this important acquisition. Thank you. SUPERVISOR RUSSELL: Thank you, Melissa. Would anyone else like to address the Town Board on this acquisition? (No response) Hearing none, can I get a motion to close? Elizabeth A. Neville • Southold Town Board • S � E Q R A R E S O � L U T I O N • Town of Southold - Letter Board Meeting of January 30, 2007 • ''""" RESOLUTION 2007-138 Item# 10 y®� ADOPTED DOC ID: 2557 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-138 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON i JANUARY 30, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Macari Associates LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-96-2- 10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25f acres • (subject to survey) of the 27f acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of 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 • Generated February 2, 2007 Page 15 Town of Southold - Letter Board Meeting of January 30, 2007 • 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 SEORA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. • • Generated February 2, 2007 Page 16 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only • PART I-PROJECT INFORMATION(To be completed by Applicant OR Project)Page 1 or 2 1.APPLICANT/SPONSOR:Southold Town Board 2.PROJECT NAME: n ,. m4egrti eiA�S0econl�,LgniP?re ahCoewl 3.PROJECT LOCATION: - - VeAb f Municipality: County: 0FFOLk 4.PRECISE LOCATION:(Street address and road intersections,prominent landmarks,etc,or provide map) SG-rrA '* Io oO -% - i- i n L173S (o) Lang C t6'05YP. Sevchwvstlysida Co7cL.ant/kPProV.Soolsaull.ags�i(y �tom inivrspc�iewo� (aKCane�CR48 '.y SI]S PROPOSED ACTION: C New D Expansion 177 Modification 6.DESCRIBE PROJECT BRIEFLY: ,own p vr&A ue p* &eve/o(J001)+r i5 h+3 84SPrn,eiil- aye abs aCreS O-C a7-t aere j arce( 7.AMOUNT OF�AND AFFECTED: �h INITALLY acres ULTIMATELY25' acres S.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No if No,describe bdeSy 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT' -_---- ig 19 Residential Commercial F Industrial � Agriculture r Park/Forest/Open space F Other Oeso be: 0.DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,STATE OR LOCAL)? r Yesx No if yes,list agency(s)and permiVappmvals 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r' Yes 7 No if yes,list agency(5)and permiVapptovals 12.AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF/Ak7 MY KNOWLEDGE I Applicant/sponsor Name: ISS'L} S/�Z rt OAD��S.CO1R_ Date:_./ i � T I Signature If the ding is in the Coastal Area,and you are a state agency,complete the Coastal Assessmment Forbefore proceeding with this assessment PART II-ENVIRONMENTAL ASSESSMENT(To be completed by Agency)Page 2 of 2 A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? YesER No If yes mond/nate the review process and use the full EAF • B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 ❑ Yes® No If no,a negative dedarat/onmay besuspended byanother Involved agency C.COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers maybe handwritten,if legible) Cl.Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns solid waste production or disposal,potential for erosion,drainage or Flooding problem? Explain briefly: - 1-3 9 C2.Aesthetic,agricultural,archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3.Vtfe�VgV elation or fauna fishes shellfish,or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: 0 C4.A community's existing plans or goals as officially adopted,or change In use or intensity of use of land or other natural resources? Fxplalp briefly: C5.G�rgyrth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: fvj C6.LQg5tertn,short term,cumulative,or other effects not identified in Cl-CS?Explain briefly: C7.Other Impacts(Including changes in use of either quantity of type of energy)?Explain briefly: 0Y D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA?El �} Yes1" No E..-IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED To POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? • " Yes 1K No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial, large,or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural); probability of occurring; (c)duration; dO Irreversibility; and(f)magnitude. If necessary,add attachments or reference supporting materials.Ensure that explanations contain surfa nt detail t o shower that all relevant adverse impacts have been identified and adequately addressed.If question D of part II was checked yes,the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. r Check this box if you have identified one or more potentially large or significant adverse impacts,which may occur,Then proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. .{Ory Check this box if you have determined,based on the information and analysis above and any supporting documentation, 'f" that the proposed action WILL NOT result In any significant adverse environmental impacts AND provide on attachments as necessary,the reasons suppKO�o+rt�ing this determination; 7oVt 1p TOI.tIW �d0.00 Name of Leat Agency _ SCo ssL3 [.t_ /owu Supe Rt� iso2 Print of type Name Responsb officer in lewd Agency Title of Respnible Officer S�gnatd e of Responsible Officer in Lead Agency Signature of prepare(if differe from of responsible officer) • P � U C H S E R E � S O L U T I O N • Town of Southold - Letter Board Meeting of January 30, 2007 • ri®� RESOLUTION 2007-159 Item# 31 ADOPTED DOC ID: 2558 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-159 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 30, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on part of a certain parcel of property owned by Macari Associates LLC on the 30th day of January, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, • approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district; and WHEREAS,the development rights easement comprises a part of the property of approximately 25f acres (subject to survey) of the 27t acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and • Generated February 2, 2007 Page 55 Town of Southold - Letter Board Meeting of January 30, 2007 • WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront / Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined 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 • RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Macari Associates LLC 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 41000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The development rights easement comprises a part of the property of approximately 25t acres (subject to survey) of the 27t acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 • (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Generated February 2, 2007 Page 56 Town of Southold- Letter Board Meeting of January 30, 2007 • Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP. 417 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. • • Generated February 2, 2007 Page 57 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF sour P.O. Box 1179 JERILYN B.WOODHOUSE h�� y�lO Southold, NY 11971 • Chair OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H. SIDOR • 54375 State Route 25 GEORGE D. SOLOMON �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCQu Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD / To: Melissa Spiro, Land Preservation Coordinator Land Preservation Department From: Mark Terry, Principal Planner LWRP Coordinator Date: February 1, 2007 Re: Proposed purchase of development rights easement on the property of Macari Associates LLC SCTM #1000-96-2-10 Zoning District A-C • 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 proposed action involves the purchase of a development right easement on 25 acres of a 27 acre parcel of land owned by Macari Associates LLC. 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. FEB - 1 2007 C � L O S I N G S T � A T E M E N T • CLOSING STATEMENT • MACARI ASSOCIATES, LLC to TOWN OF SOUTHOLD Total Development Rights Easement—25.6936 acres Total Parcel Acreage—27.5302 acres Reserved Area — 1.8366 acres Premises: 4735 Cox Lane, Cutchogue SCTM #1000-96-2-p/o 10 Closing took place on Friday, May 11, 2007 at 1:00 p.m., Southold Town Hall Annex Purchase Price of $ 1,849,939.20 (based upon 25.6936 buildable acres @ $72,000/buildable acre) disbursed as follows: Payable to Macari Associates, LLC Check #91103 (5/11/07) $ 1,849,939.20 Expenses of Closing: • Appraisals Payable to Patrick A. Given, SRPA $ 2,300.00 Check #76069 (4/20/04) Payable to John S. Goess Realty Appraisal, Inc. $ 2,950.00 Check#89037 (12/19/06) Payable to Given Associates, LLC $ 500.00 Check #89894 (2/27/07) Survey Payable to Peconic Surveyors, PC $ 4,800.00 Check #89775 (2/13/07) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 800.00 • Check #90510 (3/27/07) • Title Report Payable to Stewart Title Insurance Company $ 7,944.00 Check #91104 (5/11/07) Fee insurance $ 7,619.00 Recording easement $ 250.00 Certified easement $ 50.00 Franchise Report $ 25.00 Title Closer Attendance Fee Payable to Patricia Fallon $ 100.00 Check#91102 (5/11/07) Those present at Closing: • John Sepenoski Southold Town Deputy Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Joseph Macari, Sr. Seller Louis Macari Seller Joseph Macari, Jr. Seller Abigail A. Wickham, Esq. Attorney for Seller Donna McGahan Representative for A. A. Wickham, Esq. Timothy Caufield Peconic Land Trust Vice President Stephen Searl Peconic Land Trust Susan Q. Tuths, Esq. Attorney for Peconic Land Trust Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Administrative Asst • Y 1 u.11\ OFS�? rLl V oL1J 50146 sl 21453095 MAIN ROAR 5�,� . SOUTHOLD, NEW YORK11971 ©90 5/11 CLOSING 09-1103 t' THE'BU(GUT0E ,GUE, it WSpl,ggNK pUTaHpGUE NYH1935. o1IlI .d. 7 ��xK $.i., s4's; 939 . 20 ONE MILLION- EIGHT HUNDRED FORTY NINE T.HOL wAN1? Iii :NE k�i E6' THTATY, NINE AND 20/106 DOLLARS PAY TO MACAR'I ASSOCIATES LLC THE ORDER 95-40 ROOSEVELT AVENUE OF JACKSON HEIGHTS NY 11372 i 11'0911031,' 1:02i405464l: 63 000004 On' -VENDOR 012823 H2 . 8686 . 2 . 000 . 000 051107 DEV RIGHTS-25 . 6 1 , 849 , 939 . 20 TOTAL 1, 849, 939 . 20 • • i'OVVN OF SOUTHOLD • SOU"fHOLD, NY 11971-0959 PGIVEN A S S O C I A T E S PATRICK A. GIVEN, SRPA (631) 360-3474 box 5305 • 550 route 111 • hauppauge, n.y. 11788-0306 FAX 360-3622 March 26, 2004 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Re: Property of Macari Associates, LLC S.C.T.M. #1000-84-4-1 and #1000-96-2-10 Located Westerly side of Cox Lane, Cutchogue, NY File #2004045 $2,300.00 D• E C E Q D MAR 2 9 2004 DEPT,OF LAND PRESERVATION GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 ** Actual Hi . . . . . . . . .Detail--GL100N. . . . . . . . . . Vendor. . 007416 GIVEN, SRPA/PATRICK : W-04202004-235 Line: 157 Formula: 0 Y=Select : Account. . H3 . 600 - JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE ------------------ Use Acti : Trx Date. . . . . 4/20/2004 SDT 4/21/04 Y 4/20/2004 4/20/2004 H3 . 600 : Trx Amount. . . 2, 300 .00 9/07/2004 9/07/2004 H3 . 600 : Description. . APPRAISAL-MACARI ASSOC 11/04/2004 11/04/2004 H3 . 600 : Vendor Code. . 007416 11/30/2004 11/30/2004 H3 . 600 : Vendor Name. . GIVEN, SRPA/PATRICK A. 12/28/2004 12/28/2004 H3 . 600 : Alt Vnd. . 3/01/2005 3/01/2005 H3 . 600 : CHECK. . . . . . , . 76069 SCNB 3/01/2005 3/01/2005 H3 . 600 : Invoice Code. 2004045 . VOUCHER. . . . . . P.O. Code. . . . 12074 : Project Code. : Final Payment F Liquid. • : Type of 1099 . M BOX. 07 Addl . : Fixed Asset. . Y : Date Released 4/20/2004 : Date Cleared. 4/30/2004 ----- - - ------- --- - ---- - ----- ---- E : F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • John S. Goess RealtyAppmisal, Inc. REAL ESTATE APPRAISERS AND CONSULTANTS Off=(631)650-9401 Cell-(516)317-9109 Invoice Number: Macari-Cox Lane PO 416339 Iohn S.Goess R ty Appr'sil,Inc. 12/7/06 Claunar�ts a Date Vendor: John S. Goess Realty Appraisal, Inc. 28 Donna Place President East Ishp,NY 11730 y.l ,S.Goess Tide Federal Tax I.D: 20-4414259 Melissa Spiro-Southold Town-DepL of Land Preserv6on Goods or Services Delivered To to R. 6es,il61iddx8 UILi[ 3ice, Y 12!7/2006 Self Contained Appraisal Report of Real Property "Macari"-W/S of Cox's Lane,S/of Middle Road • 4735 CoXs Lane-Cutchogue, NY SCTM#1000-96-2-10 Valuation of development rights easement Assigned: 11/02/06 11 in FINAL BILLING Total Due $2,950 • We drank you for dte opportunity to be o/smite and oust dial you xe.sahrhed onh our work, but if,for anymason, you should have any questions or comments concetnuig ourservices or our invoice,please contact us immediately. Kindlyrz nyt paymcnt witGm 30 days. GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 ** Actual Hi . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . . Vendor. . 010599 JOHN S GOESS REALTY : W-12192006-716 Line: 192 Formula: 0 : Y=Select : Account. . H3 . 600 - JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE ----------------------------- : Trx Date. . . . . 12/19/2006 SDT 12/18/06 /19/2006 12/19/2006 H3 6.00 : Trx Amount. . . 2, 950.00 : Description. . MACARI APPRAISAL : Vendor Code. . 010599 : Vendor Name. . JOHN S GOESS REALTY APPR . Alt Vnd. . CHECK. . . . . . . 89037 SCNB : Invoice Code. 120706 . VOUCHER. . . . . . P.O. Code. . . . 16339 • Project Code. : Final Payment F Liquid. : Type of 1099 . N BOX. Addl. Fixed Asset. . Y : Date Released 12/19/2006 : Date Cleared. 2/28/2007 -------------------------------- E : F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • M. GIVEN '"VO1Ce A S S O C I A T E S Date Invoice# 048 Route 111 / PO Box 5305 2/1/2007 232 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, I-LC. File No. Terms 2006300 Due upon Receipt Description Amount Appraisal of Real Property of Macari Associates, LLC Located 500.00 4735 Cox Lane Cutchogue, NY W.C.T.M. #1000-96-2-10 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 ** Actual Hi . . . . . . . . . . . . . .Detail- -GL100N. . . . . . . . . . . . . . Vendor. . 007416 GIVEN ASSOCIATES LL : W-02272007-365 Line: 123 Formula: 0 Y=Select : Account. . H3 . 600 - JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE ------------------ ------- Use Acti : Trx Date. . . . . 2/27/2007 SDT 2/26/07 1/30/2007 1/30/2007 H3 . 600 Trx Amount. . . 500 . 00 2/27/2007 2/27/2007 H3 . 600 : Description. . APPRAISAL-MACARI 3/13/2007 3/13/2007 H3 . 600 : Vendor Code. . 007416 3/13/2007 3/13/2007 H3 . 600 : Vendor Name. . GIVEN ASSOCIATES LLC 3/27/2007 3/27/2007 H3 . 600 : Alt Vnd. . : CHECK. . . . . . . . 89894 SCNB : Invoice Code. 232 . VOUCHER. . . . . . : P.O. Code. . . . 16511 Project Code. : Final Payment F Liquid. : Type of 1099 . M BOX. 07 Addl. : Fixed Asset. . Y : Date Released 2/27/2007 : Date Cleared. 3/31/2007 ----- -------- - ---- -- ---- ------- - E : F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prev View �ct Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PECONIC SURVEYORS9 P.C. P.O.Box909 1230 Traveler Street • Southold,N.Y.11971 (631)765-5020•Fax(631)765-1797 JANUARY 23RD, 2007 TOWN OF SOUTHOLD P.O. BOX 1 179 SOUTHOLD NY 11971 ATTENTION: MS. M. DOROSKI FOR P S RVICE.S RENDERED: SURVEY A5 PER QUOTE 4,800.00 SUFFOLK COUNTY TAX MAP 1 000-96-02-1 0 • A RETAINER OF HALF REQUIRED PRIOR TO COMMENCEMENT AND BALANCE UPON COMPLETION. ,,.— No MASTERCARD WELCDMED GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 ** Actual Hi . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . Vendor. . 016144 PECONIC SURVEYORS, : w-02132007-233 Line: 418 Formula: 0 Y=Select : Account. . H3 . 600 - JE Date Trx-Date Fund Account : Acct Desc ACCOUNTS PAYABLE ---- - -------------- ----- - Use Acti : Trx Date. . . . . 2/13/2007 SDT 2/12/07 Y 2/13/2007 2/13/2007 H3 600 : Trx Amount. . . 4, 800 . 00 2/13/2007 2/13/2007 H3 . 600 : Description. . SURVEY-MACARI 4/24/2007 4/24/2007 H3 . 600 : Vendor Code. . 016144 4/24/2007 4/24/2007 H3 . 600 : Vendor Name. . PECONIC SURVEYORS, P.C. 4/24/2007 4/24/2007 H3 . 600 : Alt Vnd. . 5/08/2007 5/08/2007 H3 .600 : CHECK. . . . . . . . 89775 SCNB 5/08/2007 5/08/2007 H3 . 600 : Invoice Code. 07-102 VOUCHER. . . . . . P.O. Code„ 16346 Project Code. : Final Payment F Liquid. : Type of 1099 . N BOX. Addl. Fixed Asset. . Y : Date Released 2/13/2007 : Date Cleared. 2/28/2007 ---- ----------------- -- - ---- ---- E : F3=Exit F12=Cancel Shift Up F3=Exit F10=Prev View Wct Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nelson, Pope & Voorhis, LLC Property: 07004 Project: VA02295 572 Walt Ohitman Road Phone: 631427-5665 Melvflle NY 11747 Fax: 631427-5620 Macari Property,Cutchogue Manager: McGinn, Steven Invoice To: Town of Southold Dent of Land Presery Invoice N: 4731 Town Hall Invoice Date: March 14,2007 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro MAKE CHECKS PAYABLE TO NELSON POPE& VOORHIS Invoice Amount $800.00 Contract Item#1: Prepare Phase I Environmental Site Assessment Work Performed thru 1/16/07 Contract Amount: $800.00 Percent Complete: 100.00% Fee Earned: $800.00 Prior Fee Billings: $0.00 Current Fee Total: $800.00 • *** Total Project Invoice Amount $800.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name view 1 ** Actual Hi . . . . . . . . . . . . .Detail- -GL100N. . . . . . . . . . . . . . Vendor. . 014161 NELSON, POPE & VOOR : W-03272007-684 Line: 289 Formula: 0 Y=Select : Account. . H3 . 600 - JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE ------------------------- Use Acti : Trx Date. . . . . 3/27/2007 SDT 3/26/07 9/05/2006 9/05/2006 H3 .600 : Trx Amount. . . 800 . 00 9/05/2006 9/05/2006 H3 . 600 : Description. . PHASE 1-MACARI DEV RGHTS „ 10/03/2006 10/03/2006 H3 . 600 : Vendor Code. . 014161 „ 12/05/2006 12/05/2006 H3 . 600 : Vendor Name. . NELSON, POPE & VOORHIS, 12/19/2006 12/19/2006 H3 . 600 : Alt Vnd. . 1/02/2007 1/02/2007 B . 600 : CHECK. . . , . . . . 90510 SCNB 1/30/2007 1/30/2007 B .600 : Invoice Code. 4731 3/27/2007 3/27/2007 B . 600 : VOUCHER. . . . . . 3/27/2007 3/27/2007 H3 . 600 : P.O. Code. . . . 16506 3/27/2007 3/27/2007 H3 . 600 : Project Code. ,Y, 3/27/2007 3/27/2007 H3 . 600 : Final Payment F Liquid. 4/10/2007 4/10/2007 B . 600 : Type of 1099 . M BOX. 07 Addl , 4/24/2007 4/24/2007 H3 . 600 : Fixed Asset. . Y • : Date Released 3/27/2007 : Date Cleared. 3/31/2007 ----------------- --- ----- - -- ---- E : F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��f,�1��(' tJ4 urs STEWART TITLE INSURANCE COMPANY 125 Baylis Road, Suite 201, Melville, Now York 11747 631-501-9615 fax 631-501-9623 Date= [FAIR E INSURANCE COVERAGE v �y + `j� ��r PREMIUM $ 1�'�y f t' MARKET VALUE RIDER60 PREMIUM ORTGAGE INSURANCE COVERAGE REMIUM DORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW PORK STATE TRANSFER/MANSION TAX MORTGAGE TAX(Mortgagee) MORTGAGE TAX(Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARCHES _ STREET REPORT BANKRUPTC),'SEARCH ESC11OW DEPOSIT FEE ESIPROW DEPOSIT .c RECORDING FEES: ( )DEED(S) ( )SATISFACTION(S) ( )MORTGAGES) ( )CONSOLIDATION,EXTENSION&MODIFICATION AGREEMENTS) 4 ( )MORTGAGE AFFIDAVIT(S) ( )ASSI�gNMENT(S) V 1 TOTAL CHARGES $ /aAli CLOSER CHARGES,IF ANY: PICK-UP FEE OTHER: PATRICIA L. FALLON Title Closer 7 �j JU/Q`r TOWN OF SOUTHOLD 0 211<4 93695 MAIN ROAD SOUTHOLD;NEW YORK 119710959 5/11 CLOSING 091104 F�3 b� +k q tt sP i J _ NO. pyy { _ THE UFI'Alk MUEY ilW5Al dWK Fp4 JP SY1 bIt ¢ f 51.: Y i Gp106VENY 11495 lir - i1 9'd4 pp r1Ni DATE CHECK Nb AMOUNT BFtP daF fid t 7 Ybd '. _ 05/11/2'007 $7 , 944 . 00 91104 $7 , 944 . 00 s1 � 'pI1YE. NUNDRED' FOR TY FQUR AND 00/100 DOLLARS t . r1 t I b Y F+T "fT IF'3NS RAN}t " CO. Q 12 $'-Y,, 19 . MQ� , SUITE 2'01 MfiIffltT,LL8- NY 11747 11'09110411' 1:0 2 140 54641: 63 000004 011' H2 . 8686 . 2 . 000 . 000 ST-S-8362 TITLE POLICY-MACARI 7, 619 . 00 H2 . 8686 .2 . 000 . 000 ST-S-8362 EASEMENT REC FEE-MALA 250 . 00 H2 . 8686 . 2 . 000 . 000 ST-S-8362 CERT COPY EASEMNT-MALA 50 . 00 H2 . 8686 . 2 . 000 . 000 ST-S-8362 FRANCHISE REPORT-MALAR 25 . 00 TOTAL 7 , 944 . 00 • i TOWN OF SOUTHOLD SOiJ1 HOU) Pio 11971-0959 TOWN OF SOUTHOLD o-sas s—< 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 5/11 CLOSING 0116 140 n+EsuFix,}it,Caurm funawa eu+K _ '1iUTQ�IpgUE NY 1,936 DATE CHECK NO. ' `ANYOUNT. 05%11/2007 91102Ioo . 00 gONIHUNDRED AND 00/100 DOLLARS �YHe� PATRICIAFALLON :ORDER 40 WHITE. OAK LANE OF SOUTHAMPTON NY 11968 ,Z. '( 11.091102118 1:020,054641: 63 000004 011' H2 . 8686 . 2 . 000 . 000 ST-S-8362 TITLE CLOSER-MACARI 100 . 00 TOTAL 100 . 00 • DOWN OF SOUTHOLD - SOU THOLU.{DIY 11971-0959 R � E C O R D E D E A � S E M E N T • 01/14/2009 15:26 6312030235 PECONIC LAND TRUST PAGE 02/02 RECEIVED 1k~storeW0QWft• 6rAgr1cabrw JUL 13 2007 4NRCSi Cit:!r`•I,,f[©f usT,IR' Natural Resources conservation Service Leo O'Brien Federal Sullding Room 333 Albany,NY 12207-2350 FAX (518)431-4112 PHONE: (518)4314110 June 25, 2007 Mr. Stephen Searl Project Manager Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton,New York 11969 Re: FRPP Conservation Easement on former Macad Associates,LLC Farm Dear Mr. Searl: I am in receipt of your letter requesting a waiver of the 2% Impervious Surface limitation on the Peconic Land Trust conservation easement. Using the guidance contained in the Farm and Ranch Land Protection Program(FRPP)Manual, your request was reviewed and ranked. I am approving your requ st fora um 60% Impervious Surface Waiver. Ron Alvarado State Conservationist cc: File Helping People Help the Land AA Eqw owwwrolry pmftw I"emp"w SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 05/29/2007 Number of Pages: 17 At: 10:02:54 AM Receipt Number : 07-0050907 TRANSFER TAX NUMBER: 06-34569 LIBER: D00012507 PAGE: 027 District: Section: Block: Lot: 1000 096.00 02.00 010.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,849,939.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $51.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG EA-CTY $ 5.00 NO $5.00 NO EA-STATE $775.00 NO • TP-584 $5.00 NO Cert.Copies $21.25 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $212.25 TRANSFER TAX NUMBER: 06-34569 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County � ECEHED • JUN 1 2007 DEPT.Of LAND PRESERVATION 1 2 Number of pages RECORDED TORRENS 2007 May 29 10:02:53 All • udi th p. Ras=ale .I Serial# CLERK. OF SUFFOLK COUNTY Certificate# L D000125N F K-1 Prior Ctf.# DTS OEC:4569 Deed .Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. Handling 00 1.Basic Tax 2.Additional Tax _ TP-584 �� Sub Total Notation Spec./Assit- or , EA-5217(County) Sub Total Spec./Add. C- TOT.MTG TAX _ EA-5217(State) J Dual Town_ Dual County R.P.TS.A. ��l �bC� b , Held for Appointment } Transfer Tax E _ Comm. of Ed. 5. 00 m Mansion Tax V�� Affidavit „ '�� The property covered by this motgage is / a� "�1? or will be improved by a one or two Certified Copy family dwelling only. Reg.Co YES or NO g PY Sub Tota] • / _ If NO,see appropriate tax clause on Other Grand Total aL�- page# of this instrument. � may, `- - J 4 Distfi�C' Section 0 &, Block O'?-o d Lot 0/0"1'96 5 Community PreservationFund Real 07015898 1000 09600 0200 010002 Consideration Amount $ % �y/� 9,39- Property T Tax Service RLPA A CPF Tax Due $ Agency 2-MAY-0 Improved Verification Vacant Land L-,/' 6 Sad sfaction/Discharges/Release List Property Owners Mailing Address RECORD&RETURN TO: f TD a�D /17Eussq 9 . SPIA0 Tom ✓ av (orrn/ot0, 4_9i,vo lea ✓iyrianl TD S3o9� Pre, dS, -Po. 8a.r 7/79 TD sou>�7�-0, my 7r9�7-o�S9 FC, Title Company Information .Name STEZUµt'T T E True# S7= _Ppb 8 Suffolk County Recording & Endorsement Page This page forms part of the attached q e W r OL AEYELOPMIEW A° ifTS a phE r made by: (SPECIFY TYPE OF INSTRUMENTL d, �7¢rHP/ J OCI,47$c ZXC The premisis herein is situated in • SUFFOLK COUNTY,NECW�YORK. TO In the Township of v10U77MILA IOWA/ dF SOU77Mi.,5 In the VILLAGE or HAMLET of 1'&7T11-06de iOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING • GRANT OF DEVELOPM NT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 11th day of May, 2007 at Southold, New York. The parties are MACARI ASSOCIATES LLC, 95-40 Roosevelt Avenue,Jackson Heights, New York 11372 (herein called"Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call"Grantee'). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property consisting of 25.6936 acres located at 4735 Cox Lane, Cutchogue in the Town of Southold, Suffolk County, New York, part of SCTM# 1000-96-2-10, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinafter referred to as the"property"; and as shown on the survey dated January 10, 2007 and certified January 26, 2007, prepared by Peconic Surveyors, P.C. WHEREAS,the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 280-12 (the 'Town Code"). The Property is designated as part of Suffolk County Tax Map Parcel Number1000-96- 02-10; and WHEREAS, the Property contains soils 25.69 acres of soil classified as Class I and • Class II worthy of conservation as identified by the United States Department of Agriculture Natural Resources Conservation Service Soil Survey of Suffolk County, New York; and WHEREAS,The Federal Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the"United States"or"NRCS') has provided NINE HUNDRED AND TWENTY-FOUR THOUSAND-NINE HUNDRED AND SIXTY-SIX DOLLARS AND 10/100 to the Grantee and for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District#1, and the Grantor wishes to continue using the Property for agricultural production as presently referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended; and WHEREAS, the Property is currently in agricultural use as cover crop; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board,Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's agricultural economy; and • WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource in that it has • not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION EIGHT HUNDRED AND FORTY-NINE THOUSAND NINE HUNDRED AND THIRTY-NINE DOLLARS AND 20 CENTS ($1,849,939.20) and other good and valuable consideration paid to the Grantor,the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule"A"annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement as hereinafter set forth with respect to the Property unto the Grantee, Its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee ownership and the exclusive right of . occupancy and of use of the Property, subject to the limitations, condition,covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Ownership Grantor warrants to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, as set forth in Stewart Title Report#ST-S- 8362 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic or agricultural values of the Property that foster and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by • Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its scenic, agricultural, environmental and natural values, including its prime, statewide important and unique agricultural soils, by preventing the use or development 2 of the Property for any purpose or in any manner contrary to the Provisions hereof, in furtherance of federal, New York State and local conservation policies. • U4 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated January 10, 2007 prepared by Peconic Surveyors, P.C. and an Environmental Site Assessment dated January 15, 2007 prepared by Nelson, Pope &Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyoe • This instrument conveys a Development Rights Easement(herein called the "Easement'). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms,and conditions recited herein. Reference to this "Easement"or its"provisions"shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights"shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for use other than agricultural production as that term is referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use which is permitted under the current law and/or code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word"Grantor"when used herein shall include all of those • persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, 3 and assigns,and the word"Grantee"when used herein shall include all of those persons or entities. • ARTICLE TWO SL GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement,"structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to implement NRCS approved conservation practices,or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision"shall include the division of the Property from which development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Further, notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by the Town Code, reconfigure existing property lines with contiguous parcels for the purpose of agricultural production. All resulting parcels must be at least 10 acres of preserved land.The United States Secretary of Agriculture shall be notified prior to such conveyance and shall approve any reconfiguration of property lines prior to such • reconfiguration. 4 3.04 Dumping • The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the property, including fertilization, composting and crop removal. Sian The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b)to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or(d)with the consent of the Grantor, to announce Grantee's easement. All signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee, except for drywells, drainage or systems used to service permitted agricultural or conservation uses on the property. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures on the property. • 3.07 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial use shall be prohibited. For the purposes of this section, agricultural production, as that term is referenced in Section 247 of the General Municipal Law and /or defined in Chapter 70 of the Town Code, shall not be considered a commercial use. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides)that are in accordance with sound agricultural management practices of the NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan') prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection will be subject to the Conservation Plan. • Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 5 3.10 Conservation Compliance Provisions of the CoIiservation Plan • As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG)and 7 CFR Part 12 that are in effect on May 11, 2007. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will Inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps(including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that(a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively with • the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures on the property. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan in order to control flooding or soil erosion on the Property. 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property,except for the right to construct, maintain and replace the pre-existing structures, and as provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership • 6 Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this • ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees, to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and • Markets Law, provided that such activity shall be conducted in accordance with the purposes of this Easement and the Conservation Plan. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of Southold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Relocation of barns from other properties and new construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production and lot coverage does not exceed two (2) percent of the Property; (iii) Renovation, maintenance and repairs of structures built pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural production. • B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. 7 C. Environmental Sensitivity During Construction. The use and • location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the two (2) per cent lot coverage limitation in Section 4.06A(ii) and to review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its Interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall • not affect Grantee's rights hereunder. Grantor hereby gives notice that the premises are being conveyed to Peconic Land Trust, Incorporated, 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969, immediately following the granting of this easement. Any reference in this Easement to Grantor shall be deemed to refer to Grantor's successors as to any period after such conveyance. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. This provision shall not preclude Grantor from contesting such amounts and from deferring payment during such contest period. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Liability and Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States'exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or . enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor agrees to indemnify and hold harmless Grantee, and the United States of America from any and 8 all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or • any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor further agrees to indemnify and hold harmless Grantee, and the United States of America, from and against any and all claims, costs, expenses, fines, penalties, assessments,citations, personal injury or death, and the like arising from or out of the existence(actual or alleged) of Hazardous Materials (as defined in Section 5.02A) whatsoever on or under the Property. 5.02A Environmental Warranty "Environmental Law"or"Environmental Laws"means any and all Federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct(including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, Inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials"means any petroleum, petroleum products, fuel oil,waste oils, explosives, reactive materials, ignitable materials,corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any • governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Except as may be set forth in an environmental report obtained by Grantee prior to the date of this Easement, Grantor warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property. Moreover Grantor hereby promises to defend and indemnify the Grantee and hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys'fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by Grantee. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, not more frequently than annually without Grantor's consent, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the • Property,for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring 9 conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation,fire, Flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 5.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at taw for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. (iv) The cure period in this Section 6.03 may be extended for a reasonable time by Grantee is such restoration cannot reasonably be accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mall, with sufficient • prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as 10 Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the • attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.Q6 Extinguishment of Easement At the mutual request of Grantor, Grantee, and United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03 (Purpose), extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain approved in advance by the United States Department of Agriculture • NRCS, make impossible the continued use of the Property for Purpose of this Easement as described in Section 0.03 (Purpose) herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 7.12 (Proceeds) herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Conservation Easement may be amended only with the written consent of Grantee and Grantor at the time of any such amendment and with the written approval of the Secretary of the United States Department of Agriculture. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the NYS Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the • provisions of this Easement if such amendment shall be necessary,to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply I1 retroactively in the same manner as if such amendment or amendments had been set forth herein. • Z03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code and other applicable laws upon adoption of a local law authorizing the alienation of such rights and Interests, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of the property rights or interests that were acquired by the Town prior to any such amendment.The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 7.11 (Contingent Rights of United States of America) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization,that at the time of transfer is a"qualified organization" under Section 170(h)of the Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing, in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. • 7.04 Severabili Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York Law applicable to deeds and easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily • negative in that Grantor has restricted and limited his right to use the Property, except 12 as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. • 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the property for public or commercial use. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Contingent Rights of the United States of America In the event that Grantee fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary of the U.S. Department of Agriculture, the said Secretary of Agriculture and his or her successor and assigns shall have the • right to enforce the terms of this Easement through any and all authorities available under Federal or State law. In the event that Grantee attempts to terminate, transfer or otherwise divest itself of any rights, title or interest of this Easement without the prior consent of said Secretary and without payment of consideration to the United States as provided herein,then, at the option of such Secretary, all right,title and interest in this Easement shall become vested in the United States of America. 7.12 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement(the 'Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is 74.27% . The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). If any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are 50.01%, and 49.99% , respectively, representing the proportion each parry contributed to the purchase price of the easement • IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. 13 ACKNOWLEDGED AND ACCEPTED: • MACARI/ SOCIA ES LLC J BY: __.. ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD,Grantee BY: .Tett til I�. $EPEuoSK� QeVo+j Supervisor Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights convey�n, on beha�lfo�f/the �United States of America. Authorize Signatory for th NRC MARILYN CASSIDY STEP NSON • State of New York ) County of 4411 ), ss: On the=day of in the year 2007 before me,the undersigned, personally appeared Marilyn Cassidy Stephenson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. Signature/office of individual taking acknowledgement THALIA C.ULWLOR Notary Public,State of New YaAt No.01LA6138507 STATE OF NEW YORK ) Commissionfied ie pined December 9,2006 COUNTY OF SUFFOLK ) //SS: On this/jPKday of/nret/ in the year 2007 before me, the undersigned, personally appeared j personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individu�v acted, executed the instrumeacted, executed the instrument. • � Notary DONNA c,State of New York fi54oQuaeo.d n Sufok cumv Col MIS1110n Expires Aug. 18.agof 14 �' o Notary Public • STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this /I day of MV in the year 2007 before me, the undersigned, Personally appeared rT&w /9 SFPe-1-c3.C/ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(c) whnco e. . s (are) sut-- executed y on the in COUNTY CLERK'S OFFICE 3(3) indlvldua STATE OF NEW YORK SS.: COUNTY OF SUFFOLK L JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof,do hereby certify that I have cog are hh{h, nnexed with theme. final Deed RECOR in my office on ....J�... t��under Notary Pt LIBER.f- O. PAGE...Q. and,that the same is a�e copy thereof, and of the whole of such original. C:\My Docun In Testimony Whereof,I hav ere� c� to set my hand and affixetlye seal of said County and Court oi day of._ .._... 20...... ...... r.m imkd CLERK �.. .!*s?.....Q • • 15 Stewart Title Insurance Company Title Not ST-S-8362 • Schedule A Description (.AMENDED 2/7/07) ALL that certain plot,piece or parcel of land lying,and being at Cutchogue,Town of Southold,County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING nt a monument set in rhe Southwesterly side of Cox's Lane at the division line between premises describedherein and lands now or formerly Anne Marie Goerler Revocable Living Trust(Town of Southold Development Rights)which said point is distant 752.03 feet Northwesterly from a railroad monument; RUNNING THENCE along said last mentioned lands the following 2 courses and distances: 1. South 30 degrees 17 minutes 52 seconds West 616.16 feet: 2. South 56 degrees 25 minutes 48 seconds East 562.18 feet to a monument and lands now or formerly LIRR; THENCE along said lands of LIRR: L South47 degrees 53 minutes 22 seconds West 200.00 feet 2. South 56 degrees 25 minutes 48 seconds East 15.48 feet; 3. South 47 degrees 50 minutes 32 seconds West 329.80 feet to lands now or formerly RHX Corp. . THENCE along said lands now or formerly RHX Corp.; 1. North 56 degrees 36 minutes 48 seconds West 1301.46 feet, 2. North 34 degrees 22 minutes 00 seconds East 514,14 feet to a monument; 3. North 55 degrees 39 minutes 00 seconds Wes[ 10.00 feet to a monument and lands now or formerly Cutchogue Fire District; THENCE along said lands now or formerly Cutchogue Fire District Noah 38 degrees 43 minutes 20 seconds East 552.12 feet to a monument and lands now or formerly Minnie Borawa; THENCE along said lands now or formerly Minnie Borawa Noah 40 deerees 22 minutes 36 seconds East 69.90 feet to a monument in the Southwesterly side of Cot's lane; THENCE South 56 dcgrces'22 mimues 13 seconds Ease 213.45 feet to the reserved area; THENCE along the reserved area: 1. Soutar 30 degrees 17 minutes 52 secoadS West 200.00 feet, 2. South 56 degrees 22 minutes 13 secoads fast 400.68 feet: 3. North 30 degrees 17 minutes 52 seconds East 200.00 feet to the Southv✓est side of C'ox's Lane: THENCE South 56 degrees 22 minutes 13 degrees East along the Southwesterly Side of Col's Late 150.25 feet to the monument,the point or place of BEGINNING. • TCX;ETHER 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 O L I � C Y _.........___._..._ ALTA Owner's Policy(8.17-06) POLICY OF TITLE INSURANCE ISSUED B'( r 7St@v"WEI- 't tlfle tneurance,oornpany Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy most 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 8 AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY,a Now York corporation,(the*Compal Insures,as of Data of Policy and,to the extent staled In Covered Risks g and 10, after Date of Policy, egainel lose or damage, not exceeding the Amount of Insurance,sustained or incurred by the insured be reason oL 1, Title being vested other then as staled in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk Includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or Impersonaffon; (11) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not property created,executed,witnessed,sealed,acknowledged,notarized,or delivered: (W) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified,expired,or otherwise invalid power of attorney (A) a document not properly filed, recorded,or indexed In the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defearrvejudidal or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment, encumbrance, viciallon, variation, or adverse circumstance affecting are Title that would be disclosed by an accurate and complete land survey of the Land. The tern"encroachment'includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvemer is located on adjoining land. 3. Unmarketable Title, 4. No right of access to and from the Land. 6. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building end zoning) restricting.regulating,prohibiting,or raising 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 violotion 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 nonce or the enforcement action, describing any per(of the Land, is recorded In the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,Is recorded In the Public Records, 8. Any taking by a governmental body that has occurred and Is binding on the rights of a purchaser for value without Knowledge. Countersigned by: Stewart Title Insurance Company 1967 Authorized sUrBaylis Road Suite 201 —(!.'�eJYiJ1e 1�'e_W'ork-iX'W t�r..wam Company Phone., (631) 501-9615 City,State ' . ".. 1 504 9623 re0ary Pan1M 0.8901 009070 asdsl Ne. • If you want information about coverage or need assistance to resolve oomplainm please can our toll free number. 1-808433.0014. It you make a claim under your policy,you must furnish written reties in eccordence with 9ecllon 3 of the Condltions. Visit cur Ward-Wide Web all at blip/IsttOpis<ltnvarrnevrvadc cora File No.: STEWART TITLE • INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST-S-8362 Date of Issue: May 11,2007 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8901-9%4 1. Covered Risk Number 2(c)is deleted. 2. The following is added as a Covered Risk: "It. Any statutory lien for services,labor or materials famished prior to the date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 3. Exclusion Number 5 is deleted,and the following is substituted: 5. Any lien on the Title for real estate taxes,assessments,water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. • This endorsement is issued as part of the policy. Except as it expressly states, it does not(i)modify any of the terms and provisions of the policy,(ii)modify any prior endorsements,(iii)extend the Date of Policy,or(lv)increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed on: STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company Signed by: 1987 ..— P"dent Aut orized Office or Agent Stewart Title Insurance Company 125 Baylis Road,Suite 201 story Melville, New York 1.1.747 • STANDARD NEW YORK ENDORSEMENT(5/1107) FOR USE WITH ALTA OWNER'S POLICY(6-17.06) ALTA OWNER'S POLICY(6/17/06) SCHEDULE A • File No.: ST-S-8362 Policy No.: 0-8901-9064 Amount of Insurance: $1,849,939.20 Premium: $7,619.00 Date of Policy: 5/11/2007 1. Name of Insured: Town of Southold acting by and through The United States of America and acting by and through The Secretary of Agriculture, their successors and/or assigns 2. The estate or interest in the land that is encumbered by the Insured Mortgage is: Easements 3. Title is vested in: The Town of Southold, who acquired Developmental Rights by virtue of an easement from Macari Associates, LLC, dated 5/11/2007 and to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. • ALTA OWNER'S POLICY(6/17/06) • SCHEDULE A DESCRIPTION File No.: ST-S-8362 Policy No.: 0-8901-9064 (AMENDED 2/7/07) ALL that certain plot, piece or parcel of land lying, and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument set in the Southwesterly side of Cox's Lane at the division line between premises described herein and lands now or formerly Anne Marie Goerler Revocable Living Trust (Town of Southold Development Rights) which said point is distant 752.03 feet Northwesterly from a railroad monument; RUNNING THENCE along said last mentioned lands the following 2 courses and distances: 1. South 30 degrees 17 minutes 52 seconds West 616.16 feet; 2. South 56 degrees 25 minutes 48 seconds East 562.18 feet to a monument and lands now or formerly LIRR; • THENCE along said lands of LIRR: 1. South 47 degrees 53 minutes 22 seconds West 200.00 feet 2. South 56 degrees 25 minutes 48 seconds East 15.48 feet; 3. South 47 degrees 50 minutes 32 seconds West 329.80 feet to lands now or formerly RHX Corp. THENCE along said lands now or formerly RHX Corp.; 1. North 56 degrees 36 minutes 48 seconds West 1301.46 feet; 2. North 34 degrees 22 minutes 00 seconds East 514.14 feet to a monument; 3. North 55 degrees 39 minutes 00 seconds West 10.00 feet to a monument and lands now or formerly Cutchogue Fire District; THENCE along said lands now or formerly Cutchogue Fire District North 38 degrees 43 minutes 20 seconds East 552.12 feet to a monument and lands now or formerly Minnie Borawa; THENCE along said lands now or formerly Minnie Borawa North 40 degrees 22 minutes 36 seconds • East 69.90 feet to a monument in the Southwesterly side of Cox's Lane; THENCE South 56 degrees 22 minutes 13 seconds East 213.45 feet to the reserved area; THENCE along the reserved area: ALTA OWNER'S POLICY(6/17/06) • 1. South 30 degrees 17 minutes 52 seconds West 200.00 feet; 2. South 56 degrees 22 minutes 13 seconds East 400.68 feet; 3. North 30 degrees 17 minutes 52 seconds East 200.00 feet to the Southwest side of Cox's Lane; / THENCE South 56 degrees 22 minutes 13 degrees East along the Southwesterly side of Cox's Lane 150.25 feet to the monument, the point or place of BEGINNING. • • ALTA OWNER'S POLICY(6/17/06) SCHEDULE B PART I File No.: ST-S-8362 Policy No.: 0-8901-9064 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the Grantor and the Town of Southold. 2. Survey by Peconic Surveyors last dated 1/25/07 shows premises and more. Reading as to subject premises as follow field edge of lawn from reserved area encroaches onto subject premises; hedge located on part of Northwest line; wood straddle part of Easterly line. • COVERED RISKS(Continued) 9. Title being vested other than as stated in Schedule A or being defective (i) to be timely,or • (a) as a result of the avoidance in whole or in part,or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included 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 Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs,attorneys'fees,and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights 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, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy,but Known to the Insured Claimant and not disclosed expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy; those relating to building and zoning)restricting,regulating, prohibiting, or (c) resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy (however, this (i) the occupancy,use,or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk 9 (ii) the character, dimensions, or location of any improvement and 10);or erected on the Land; (e) resulting in loss or damage that would not have been sustained if the (iii) the subdivision of land;or Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency,or similar creditors'rights laws,that the transaction vesting the regulations. This Exclusion 1(a)does not modify or limit the coverage provided Title as shown in Schedule A,is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of modify or limit the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy 3. Defects,liens,encumbrances,adverse claims,or other matters and the date of recording of the deed or other instrument of transfer in the (a) created,suffered,assumed,or agreed to by the Insured Claimant; Public Records that vests Title as shown in Schedule A. • CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean. purposes. (a) "Amount of Insurance': The amount stated in Schedule A, as (ii) With regard to(A),(B), (C), and(D)reserving,however,all may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company increased by Section 8(b), or decreased by Sections 10 and 11 would have had against any predecessor Insured. of these Conditions. (e) "Insured Claimant": An Insured claiming loss or damage. (b) "Date of Policy": The date designated as "Date of Policy" in (f) "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart company,or other similar legal entityconstructive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed (i) The term"Insured"also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land" does not include any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, title, interest, devisees, survivors, personal representatives, or next estate, or easement in abutting streets, roads, avenues, alleys, of kin; lanes, ways, or waterways, but this does not modify or limit the (B) successors to an Insured by dissolution, merger, extent that a right of access to and from the Land is insured by consolidation,distribution,or reorganization; this policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of Entity; security instrument, including one evidenced by electronic (D) a grantee of an Insured under a deed delivered means authorized by law. without payment of actual valuable consideration (i) "Public Records": Records established under state statutes at conveying the Title Date of Policy for the purpose of imparting constructive notice of (1) if the stock,shares, memberships,or other equity matters relating to real property to purchasers for value and interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d), "Public named Insured, Records" shall also include environmental protection liens filed (2) if the grantee wholly owns the named Insured, in the records of the clerk of the United States District Court for (3) if the grantee is wholly-owned by an affiliated - the district where the Land is located. Entity of the named Insured, provided the affiliated (I) "Title": The estate or interest described in Schedule A. Entity and the named Insured are both wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent by the same person or Entity,or matter that would permit a prospective purchaser or lessee of (4) if the grantee is a trustee or beneficiary of a trust the Title or lender on the Title to be released from the obligation created by a written instrument established by the to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. • Page 2 Serial No.: 0- File No CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE Company all reasonable aid (i) in securing evidence, obtaining The coverage of this policy shall continue in force as of Date of Policy witnesses, prosecuting or defending the action or proceeding,or • in favor of an Insured, but only so long as the Insured retains an effecting settlement, and (it) in any other lawful act that in the estate or interest in the Land, or holds an obligation secured by a opinion of the Company may be necessary or desirable to purchase money Mortgage given by a purchaser from the Insured, or establish the Title or any other matter as insured. If the only so long as the Insured shall have liability by reason of warranties Company is prejudiced by the failure of the Insured to furnish the in any transfer or conveyance of the Title. This policy shall not required cooperation, the Company's obligations to the Insured continue in force in favor of any purchaser from the Insured of either under the policy shall terminate, including any liability or (i)an estate or interest in the Land,or(it)an obligation secured by a obligation to defend, prosecute, or continue any litigation, with purchase money Mortgage given to the Insured. regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection,and copying,at such reasonable times and places as case Knowledge shall come to an Insured hereunder of any claim of may be designated by the authorized representative of the title or interest that is adverse to the Title, as insured, and that might Company,all records,in whatever medium maintained,including cause loss or damage for which the Company may be liable by virtue books, ledgers, checks, memoranda, correspondence; reports, of this policy, or (iii) if the Title, as insured, is rejected as e-mails, disks,tapes, and videos whether bearing a date before Unmarketable Title. If the Company is prejudiced by the failure of the or after Date of Policy, that reasonably pertain to the loss or Insured Claimant to provide prompt notice, the Company's liability to damage. Further, if requested by any authorized representative the Insured Claimant under the policy shall be reduced to the extent of the Company,the Insured Claimant shall grant its permission, of the prejudice. in writing, for any authorized representative of the Company to examine, inspect,and copy all of these records in the custody or 4. PROOF OF LOSS control of a third party that reasonably pertain to the loss or In the event the Company is unable to determine the amount of loss damage. All information designated as confidential by the or damage,the Company may,at its option, require as a condition of Insured Claimant provided to the Company pursuant to this payment that the Insured Claimant furnish a signed proof of loss. The Section shall not be disclosed to others unless, in the proof of loss must describe the defect, lien, encumbrance, or other reasonable judgment of the Company, it is necessary in the matter insured against by this policy that constitutes the basis of loss administration of the claim. Failure of the Insured Claimant to or damage and shall state, to the extent possible, the basis of submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information,or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection,unless prohibited by law or governmental regulation, (a) Upon written request by the Insured, and subject to the options shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions, the Company, at its to that claim. own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; • asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is limited to only those slated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company following additional options: shall have the right to select counsel of its choice(subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause)to represent or tender payment of the Amount of Insurance under this policy the Insured as to those stated causes of action. It shall not be together with any costs, attorneys'fees, and expenses incurred liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company Company will not pay any fees, costs, or expenses incurred by up to the time of payment or tender of payment and that the the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured damage to the Insured. The Company may take any or With the Insured Claimant. appropriate action under the terms of this policy,whether or not (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the subsection,it must do so diligently. Insured Claimant that were authorized by the Company up (c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company is obligated as required or permitted by this policy,the Company may pursue to pay;or the litigation to a final determination by a court of competent (ii) To pay or otherwise settle with the Insured Claimant the jurisdiction, and it expressly reserves the right, in its sole loss or damage provided for under this policy,together with discretion,to appeal any adverse judgment or order. any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up 6. DUTY OF INSURED CLAIMANT TO COOPERATE to the time of payment and that the Company is obligated (a) In all cases where this policy permits or requires the Company to to pay. prosecute or provide for the defense of any action or proceeding Upon the exercise by the Company of either of the options and any appeals, the Insured shall secure to the Company the provided for in subsections (b)(1) or (ii), the Company's right to so prosecute or provide defense in the action or obligations to the Insured under this policy for the claimed loss proceeding, including the right to use, at its option, the name of or damage, other than the payments required to be made,shall the Insured for this purpose. Whenever requested by the terminate, including any liability or obligation to defend, Company,the Insured,at the Company's expense,shall give the prosecute,or continue any litigation. . CONDITIONS(Continued) FEPa 3 Serial No.: 0- File No.: 8. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. If a payment on account of a claim does This policy is a contract of indemnity against actual monetary loss or not fully cover the loss of the Insured Claimant, the Company damage sustained or incurred by the Insured Claimant who has shall defer the exercise of Its right to recover until after the suffered loss or damage by reason of matters insured against by this Insured Claimant shall have recovered its loss. • policy. (b) The Company's right of subrogation includes the rights of the (a) The extent of liability of the Company for loss or damage under Insured to indemnities, guaranties, other policies of insurance, this policy shall not exceed the lesser of or bonds,notwithstanding any terms or conditions contained in (i) the Amount of Insurance;or those instruments that address subrogation rights. (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by 14. ARBITRATION this policy. Either the Company or the Insured may demand that the claim or (b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title Conditions and is unsuccessful in establishing the Title, as Insurance Arbitration Rules of the American Land Title Association insured, ("Rules"). Except as provided in the Rules, there shall be no joinder (i) the Amount of Insurance shall be increased by 10%,and or consolidation with claims or controversies of other persons. (ii) the Insured Claimant shall have the right to have the loss Arbitrable matters may include,but are not limited to, any controversy or damage determined either as of the date the claim was or claim between the Company and the Insured arising out of or made by the Insured Claimant or as of the dale it is settled relating to this policy, any service in connection with its issuance or and paid. the breach of a policy provision, or to any other controversy or claim (c) In addition to the extent of liability under (a) and (b), the arising out of the transaction giving rise to this policy. All arbitrable Company will also pay those costs, attorneys' fees, and matters when the Amount of Insurance is$2,000,000 or less shall be expenses incurred in accordance with Sections 5 and 7 of these arbitrated at the option of either the Company or the Insured. All Conditions. arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by bath the 9. LIMITATION OF LIABILITY Company and the Insured. Arbitration pursuant to this policy and (a) If the Company establishes the Title, or removes the alleged under the Rules shall be binding upon the parties. Judgment upon defect, lien, or encumbrance, or cures the lack of a right of the award rendered by the Arbitrator(s)may be entered in any court of access to or from the Land,or cures the claim of Unmarketable competent jurisdiction. Title, all as insured, in a reasonably diligent manner by any method,including litigation and the completion of any appeals,it 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT shall have fully performed its obligations with respect to that (a) This policy together with all endorsements, if any, attached to it matter and shall not be liable for any loss or damage caused to by the Company is the entire policy and contract between the the Insured. Insured and the Company. In interpreting any provision of this (b) In the event of any litigation,including litigation by the Company policy,this policy shall be construed as a whole, or with the Company's consent, the Company shall have no (b) Any claim of loss or damage that arises out of the status of the liability for loss or damage until there has been a final Title or by any action asserting such claim shall be restricted to determination by a court of competent jurisdiction, and this policy. disposition of all appeals,adverse to the Title,as insured. (c) Any amendment of or endorsement to this policy must be in (c) The Company shall not be liable for loss or damage to the writing and authenticated by an authorized person, or expressly Insured for liability voluntarily assumed by the Insured in settling incorporated by Schedule A of this policy. any claim or suit without the prior written consent of the (d) Each endorsement to this policy issued at any time is made a Company. part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states,it does 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF not(i) modify any of the terms and provisions of the policy, (ii) LIABILITY modify any prior endorsement, (iii)extend the Dale of Policy,or All payments under this policy, except payments made for costs, IN)increase the Amount of Insurance. attorneys'fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held 11. LIABILITY NONCUMULATIVE invalid or unenforceable under applicable law, the policy shall be The Amount of Insurance shall be reduced by any amount the deemed not to include that provision or such part held to be invalid, Company pays under any policy insuring a Mortgage to which but all other provisions shall remain in full force and effect. 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 17, CHOICE OF LAW;FORUM Date of Policy and which is a charge or lien on the Title, and the (a) Choice of Law: The Insured acknowledges the Company has amount so paid shall be deemed a payment to the Insured under this underwritten the risks covered by this policy and determined the policy. premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, 12. PAYMENT OF LOSS rights, remedies, or enforcement of policies of title insurance of When liability and the extent of loss or damage have been definitely the jurisdiction where the Land is located. fixed in accordance with these Conditions,the payment shall be made Therefore, the court or an arbitrator shall apply the law of the within 30 daysjurisdiction where the Land is located to determine the validity of v claims against the Title that are adverse to the Insured and to 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT interpret and enforce the terms of this policy. In neither case (a) Whenever the Company shall have settled and paid a claim shall the court or arbitrator apply its conflicts of law principles to under this policy, it shall be subrogated and entitled to the rights determine the applicable law. of the Insured Claimant in the Title and all other rights and (c) Choice of Forum: Any litigation or other proceeding brought by remedies in respect to the claim that the Insured Claimant has the Insured against the Company must be filed only in a state or against any person or property, to the extent of the amount of federal court within the United States of America or its territories any loss, costs, attorneys' fees, and expenses paid by the having appropriate jurisdiction. Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the 18. NOTICES,WHERE SENT Company of these rights and remedies. The Insured Claimant Any notice of claim and any other notice or statement in writing required to shall permit the Company to sue, compromise, or settle in the be given to the Company under this policy must be given to the Company name of the Insured Claimant and to use the name of the at Claims Department at 300 East 42n°St, 10"Floor,New York,NY 10017. Insured Claimant in any transaction or litigation involving these IFPg.4 Serial No.: 0- File No.: G • R A N T I N F O • R M A T I O N • 01/14/2009 15:26 6312830235 PECONIC LAND TRUST PAGE 02/02 nECEIVED men of ftwkWftm JUL 1 22 2007 OvNRCS i i=!71fd!^•U,,rf0 IR:;3T, IR^. Natural Resouroee ConserAtion SwAce Leo O'Brien Federal Bulkling Room 333 PJbany,NY 12207.2350 FAX (518)431-4112 PHONE: (518)431-0110 June 25, 2007 Mr. Stephen Searl Project Manager Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton,New York 11969 Re: FRPP Conservation Easement on former Macari Associates, LLC Farm Dear Mr. Searl: I am in receipt of your letter requesting a waiver of the 2%Impervious Surface limitation on the Peconic Land Trust conservation easement. Using the guidance contained in the Farm and Ranch Land Protection Program(FRPP)Manual, your request was reviewed and ranked. I am approving your requ st for a mapnurn 60% Impervious Surface Waiver. Ron Alvarado State Conservationist cc: File Helping People Help the Land M Foul owweaay vwraar Ma aegey& �r Hlpr.//mw.aecuecathnpicpMEBC EBCI%1IEBC1961ASPTVGAocev65iU-1E3N./�3N.9D15IDE5HFPF505ELWGE.i.plND%-FE6]IO®CEf/N Hddynaumplan N.mi al PWA - �� Tbr Lmiky .eu tK[4 n,. ' la �� e1 y Bridge Business Connect ` option: online nelp Log put/namej y1 Eelences I Transadlons stop Ra9menh Do-meat, a Rresar.at on '"" $B' 0/a6ROm cNEck ] ]s6z ]370%0.08 0]ll 200] pEW%E CXFCK CK CMFRGE 2110 _ ]]6]336.66 0)/19/200) 0.MT`IVeNRC54_-089 fppP � 218 313.10 ]9]]g52,e2 � 0>/19/200] W RMTeIV"NRCS 5-6 0.V9\ 3BB 655.00 8 6Bq 10].82 � 0]/3]/200) _ INTEREST qT 4.31% � 29962.26 B]09965A5 � o�€ ne'n'a�"'13e'�na[o9.;)fiOAoii�x'a—u� x .•. y�da�,�'`.'' i'. °ks= ueim2�.i :..A�.=�: { • 05/16/2007 08:06 FA% 5184914112 NRCS 0002 • _ OMB APPROVAL NO. PAGE OF Casa-Coos 1 REQUEST FOR ADVANCE PAGES OR REIMBURSEMENT a. oneorbADVA OP 11tq9REe 2.BASIS OF REQUEST TYPE OF QAOVANCE pfREpABURSEMENi ® CASH PAYMENT It, 179neapplleebleboA ACCRUAL REOUESTED (see Ireoucllore on bath) ®FINAL (]PARTIAL 9. FEDERAL PONSORING AGENCY AND ORGANIZATION ELEMENT TO WHICH THIS d. FEDERAL MNYOR OTHER IDENTIFYING 5. PAFTTIALPAYMEN—REQUEST REPORTISSUBMITTED NUMBER ASSIGNED BY FEDERAL AGENCY NUhfl4RFORTHISREOUEST USDA.-MRCS 73-2C31-4-789 9. EMPLOYER IDENTIFICATION NUMBER 7. RECIPIENT ACCOUNT NUMBER OR $, PERIOD COVERED BY THIS REQUEST INOENTIFYING NUMBER FROM(monM,day,year) TU(month,day,year) 11-6001939 8/30/2004 1 5/11/2007 9. RECIPIENT ORGANIZATION 10. PAYEE(Where cheek is to be sett ifdlaerera man Item 9) Name Name Town of Southold Number Nvmbor and Strait 53095 Route 25 and abeet P.O. Box 1179 am,Swis sty.Slate and ZIP Cade Southold,NY 11971-0959 and ZIP Code 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTSIADVANCES REQUESTED (a) (b) (C) (d) PROGRAMS/FUNCTIONS/ACTIVITIES» FRPP TOTAL a. Total program outlays w dale (As ofdate) $436,622.20 $436,622.20 • b. Lass:Cumulative program income 0 0 c. Net program outlays /Line a minus fine b) $436,622.20 $436,622.20 o. Estimated net Cash outlays for advance pend 0 0 e. Total(Sum ofrnes d a a $436,622.20 $436,622.20 f. Noo-Federal share of amount on line a $218,311.10 $218,311.10 9. Federal share of amount on thea $218,311.10 $218,311.10 In. Federal payments previously requested p. 0 0 I. Federal sham nm requested (Line gminuir line n) $218,311.10 _ $218,311.10 j. Advances require "monthd by month, _ when requested by Federal 2N month grantor agency for use in making prescheduled advances 3'tl month 12. ALTERNATE COMPUTATION FOR ADVANCES ONLY a. 9-11imaled Federal cash outlays diet vnll be made during panda Covered by the advance W b. Less: Eir mated balanw of Federal cash on hard as of beglming o1 advance period c.Amount requested (Lha a mNus line b) AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reveres) $TANDARO FORM 270 (Rev.7-97) Prescribed by OMB Circulars A-102 and A-110 • 05/16/2007 08:07 FA% 5184314112 NRCS 0004 OMB APPROVAL NO. - PAGE OF • REQUEST FOR ADVANCE o3°e°o°° � PAGES 1. a,'%'dM aboln1ppamree 2.BA915 Of RG-0UEST OR REIMBURSEMENT TYPE OF OAOVANCE OREIMSURSEMENT ® CASH PAYMENT D. '7P Itle apalwao bas Ej ACCRUAL (Sre InstructionsInstructionsREQUESTED on Daseek) 19CT-11 FINAL PARTIAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATION ELEMENT TO WHICH THIS 4. FEOERAL GRANT OR OTHER IDENTIFYING 5. PA PAYMENT REQUEST.—_ REPORT IB SUBMITTED NUMBER ASSIGNED EY FEDERAL AGENCY NUMBER FOR THIS REQUEST USDA-NRCS 73-2C31-5-836 6. EMPLOYER IDENTIFICATgN NUMBER 7. RECIPIENTACCOUNT NUMBER OR g, PERIOD COVERED BY THIS REQUEST INOENTIFYING NUMBER FROM(ni day,year) To(menta,day,; i 11-6)01939 7/14/2005 5/11/2007 9, RECIPIENT ORGANRATION +p. PAYEE(Where Chad Is to be sent V 4 Than Item 9) Name Name Town of Southold Numb, Numaer and sweet 53095 Route 25 and Street P.O. Box 1179 City,state Gly.State and ZIP Code Southold,NY 11971-0959 and ZIP Code 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED (a) Ib) 0) (d) PROGRAMS/FUNCTIONS/ACTIVITIES� FRPP TOTAL a. Total program outlays todate (Aso/date) $777,310.00 $777,310.00 • b. Less'Cumulative program income 0 0 c. Net programOUaays (Lim a menus,line b) $777,310.00 $777,310.00 d. Estimated net cash outlays for advance period 0 0 a. Total(Sum oRlnescsdo $777,310.00 $777,310.00 f. Non-Federal share of amount On line $388,655.00 $388,655.00 g. Fedefalshare ofamount online a $388,655,00 $388,655.00 h. Federal payments previously requested 0 0 1. Federal share now requested (Line 9miline 6) $388,655.00 $388,655.00 1a month 1. Advances required by month, when requested by Federal 2'w month gnsi agency for use In making _ preachedWed advances 3"month 12. ALTERNATE COMPUTATION FOR ADVANCES ONLY _ IS. Eadmated Federal cash outlays that will be made during period covered by me Sonoma, D. Less: Estimated balance of Federal cash on hand ee of beginning of edvanoe padvd a Amount requested (LMe a minus line b) AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev.7.97) Prescribed by OMB CWCUIars A•102 and A-110 • 05/16/2007 08:08 FAX 5184914112 NRCS (21006 MBAPPROVALNO. PAGE OF oaaPAGEE REQUEST FOR ADVANCE brbooa 1 1, a.'%'erre a dln CeaBe ;,BASIS OF REQUEST TYPE OF OR REIMBURSEMENT ADVANCE ®REIMBURSEMENT ® GASH PAYMENT b. 'X tha apglyble bar ACCRUAL REQUESTED (aria insineatldn l on ba-k) ® PINAL ❑PARTIAL 3. FEDERAL SPONSORING AGENCY ANO ORGANIZATION ELEMENT TO WHICH THIS 4. FEDERAL GPANTO ER IDENTI NG 5. PARTIAL PAYMENT REQUEST REPORT IS SUBMITTED NUMBER ASSIGNED BY FEDERAL AGENCY NUMBER FOR THIS REQUEST USDA-MRCS 73-201-5-846 S. EMPLOYERIOENTIFICATIONNU BER 7. RECIPIENT ACCOUNT NUMBER OR e, PERIOD COVERED BY THIS REQUEST INDENTIFYING NUMBER FROM(month,day,year( TO(month,tley,year) 11-6001939 8/14/2005 5/11/2007 e. RECIPIENTORGANIZATION 10, PAYEE(Whom;hod it to be sentildlltemntirem ltMt 9) Name Name Town of Southold Nuini,er Number andstnot 53095 Route 25 andsttaat P.O. Box 1179 Oty.Slice qty state andzlPcodP Southold,NY 11971-0959 and ZIP Code 11- COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED _ (o) Ib) (t) Idl PROGRAMS/FUNCTIONS/ACTIVITIES FRP P TOTAL 6, Toll progmamoutlays todate (As-idem) $636,000,00 $636,000-00 b. Less:Cumulative program income 0 0 c- Net program outlays (Line a minue line b) $636,000.00 $636,000.00 d. Estimated net cash outlays for advance period 0 0 a. Total(Sum oflinesc&d) $636,000.00 _ $636,000.00 1. Non-Federal share of amount on line a $318,000,00 $318,000,00 g. Federal share of amount on line a $318,000.00 $318,000.00 h. Federal payments previously requasled 0 0 I, Federal share now requested (Line g minus line h) $318,000-00 $318,000.00 10 month I. Advances reouired by month, when requested by Federal 2' month Smarter agency for use In making prescheduled advances 9 month 12. ALTERNATE COMPUTATION FOR ADVANCES ONLY a. EetlmMed Federal cash outlays that will ba made during period covered by the advance b. Iew Estimated balance of Federal cash on hand us of beginning of advance parod C. Amount fall (Line a minus fns b) AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Revdmsa) STANDARD FORM 270 (Rev.797) Proscribed by OMB Clmulara A-102 and A-110 • N ! Y S A G M K ! T S W A I v E R • • STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany,New York 12235 Division of Agricultural protection and Development Services 518.457.7076 Fa 518457-2716 July 10, 2007 Melissa Spiro 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. Spiro: The Department has reviewed documentation submitted by the Town of Southold 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: • Louis Macari Landowner(s) 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. Sincerely, ROBERT SOMERS, Ph.D Manager,Agricultural Protection Unit RS:lad 5 Cc: David Behm, NYS Dept. of Ag. & Markets E Ci E G _ V` n Scott A. Russell, Supervisor, Town of Southold r- I1 • J L File: AP07/045-W DEPT OF :t,ND PRESER'JF.TPJN L_....-._. ,... • WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS r The undersigned, owner of-oZSacres of active farmland and/or _ acres of non- farmland, situated as part of Suffolk County Tax Map No. 1000-96-2-10 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. • Project Sponsor Landowner TOWN OF SOUTHOLD MACARI ASSOCIATES, LLC By: 5. --Sapervisor By: 53095 Route 25 �eMa p� � v�✓ 95-40 Roosevelt Avenue P.O. Box 1179 Jackson Heights, New York 11372 Southold, NY 11971-0959 (631) 765-1889 • STATE OF NEW YO ) • )ss: COUNTY OF SUFFOLK ) On the day of Ma 2007, before me personally appeared SCOTT A. RUSSELL, personally known to me o rovided to me on the basis of satisfactory evidence to be the individual whose name is subs bed to the within instrument and acknowledged to me that he executed the same in his capac' as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corp tion; that the seal affixed to said instrument is such corporate seal; and that by his signatu on the instrument, the individual, or the municipal corporation upon behalf of which the i ividual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF NEW YORK ) )ss: • COUNTY OF SUFFOLK ) / O� n the day of May, 2007, before me personally appeared LcItA,s , - 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 his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. i C Notary FliMc DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified In Suffolk County Commission Expires Aug. 18, SMA z-c;, • STATE OF NEW YORK ) • )ss: COUNTY OF SUFFOLK ) On the 11th day of May, 2007, before me personally appeared JOHN P. SEPENOSKI, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity / as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature onthe instrument, the individual, or the municipal corporation upon behalf of Tich the individual acted, executed the instrument. o , Naltdo Notary Public MELANIE DOROSKI NOTARY PUBLIC,State of New York No.OID04634870 Qualified in Suffolk County U 10 Commission Expires September 30, • • N • Y S D E C R E � G I S T R Y • New York State Department of Environmental Conservation AM Division of Lands & Forests • Bureau Real Property,5ei Floor 1325 Broadway,Albany,New York 12233-4256 Phone: (618)402-9442 - FAX; (61,8)402-9028 Alexander V.Grannis Website: www.dec.state.ny.us Cormnlssioner June 12, 2007 Melissa Spiro Town of Southhold 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 475 Grantor: Macari Associates LLC Liber:D12507 Page: 027 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 much appreciated. Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property TAR:gm �O f SOU OFFICE LOCATION: MELISSA A.SPIRO jy Town Hall Annex LAND PRESERVATION COORDINATOR p'� �� 54375 State Route 25 melissa.spiro@town.southold.ny.us 41 (comer of Main Road&Youngs Avenue) Telephone(631)765-5711 G Southold,New York Q Facsimile(631)765-6640 '.� �O MAILING ADDRESS: �'ycQ( y P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 6, 2007 NYSDEC Bureau of Real Property 625 Broadway,5a'Floor Albany,NY 12233-4256 Attention: Tim Reynolds Re: Conservation Easements Registry MACARI ASSOCIATES LLC to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural • property located within the Town of Southold to be registered with the New York State Department of Conservation. Details regarding this easement are as follows: GRANTOR: Macari Associates LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: May 29,2007 LIBER: D00012507 PAGE: 027 LOCATION: 4735 Cox Lane,Cutchogue EASEMENT ACREAGE: 25.6936 acres SUFFOLK CO TAX MAP#: 1000-096.00-02.00-010.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. • cc: Macari Associates LLC—95-40 Roosevelt Avenue, Jackson Heights,NY 11372 w/o enc. S • T E W A ' R D S � :H I ; . : � . P ,. • MACARI ASSOCIATES LLC • to TOWN OF SOUTHOLD Property Location: 4735 Cox Lane, Cutchogue Development Rights Easement = 25.6936 acres Total Parcel Acres = 27.5302 acres Reserved Area = 1.8366 acres Closing held on Friday, May 11, 2007 Southold Town Hall Annex (from left to right) Louis Macari, Macari Associates LLC Joseph Macari Sr., Macari Associates LLC (sitting) John P. Sepenoski, Deputy Town Supervisor Timothy Caufield, Vice President of Peconic Land Trust, Inc. Joseph Macari Jr., Macari Associates LLC Stephen Searl, Peconic Land Trust it yyy r yC t r �4 a ate. • MELISSA A.SPIRO of SOU OFFICE LOCATION: ry Town Hall Annex LAND PRESERVATION COORDINATOR ,�O � 54375 State Route 25 • melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 ae Facsimile(631)765-6640 %� i� MAILING ADDRESS: �yCOU P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD i To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing Land Preservation Committee Town Comptroller Town Attorney Stewardship Manager Planning Board Peconic Land Trust, Inc. Suffolk County Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: Mayll,2007 Re: MACARI ASSOCIATES. LLC to TOWN OF SOUTHOLD p/o SCTM#1000.96.2-10 • Development Rights Easement—25.6936 acres Please be advised that the Town has acquired a development rights easement on the agricultural land listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 4735 Cox Lane,Cutchogue SCTM#: part of 1000-96-2-10 PROPERTY OWNER: Macari Associates, LLC PURCHASE DATE: Closing took place on Friday, May 11, 2007 PURCHASE PRICE: $1,849,939.20(based on 25.6936 acres @$72,000/buildable acre) TOTAL PARCEL ACREAGE: 27.5302 acres EASEMENT ACREAGE: 25.6936 acres ZONING: A-C FUNDING: Community Preservation Funds (2% land bank) MISCELLANEOUS: This property is listed on the Town's Community Preservation Project Plan.At a simultaneous closing, Peconic Land Trust, Inc. purchased fee title to the entire parcel after the Town purchased development rights to part of the parcel.This project is on an awarded federal grant and the Town will receive partial reimbursement of the purchase price from the USDA-NRCS. 2 • 0 0 7 P R E S S � C O N F E R E N C • E The Suffolk Times•June 28, 2007 • 25 { , t �w f \y R k Suffolk Times photo by Eileen Duffy Macari family farmland has been preserved by Southold Town and the Peconic Land Trust. From left are Joe Macari Sr.; Tim Caufield, PLT vice president of conservation and stewardship; Stephen Searl, PLT project manager; Council- man Dan Ross; Councilman Bill Edwards; Supervisor Scott Russell; Councilman Tom Wickham; town land preserva- tion coordinator Melissa Spiro; land preservation committee member Chris Baiz; Joe Macari Jr.; and Ray Huntington of the town's land preservation committee. Southold Town Supervisor Scott Rus- sell said,"The town is pleased to have worked with the Natural Resources Conservation Service,the Macari family, and the Peconic Land Trust to preserve Farm this prime agricultural land to keep it as a working farm.The lands are located in what is becoming one of the town's largest blocks of preserved farmland." S ay. PLT vice president Tim Canfield said, "Through the conservation efforts of the Macari family, the Town of South- old and the Natural Resources Conser- vation Service,[we are] proud to be the To w n & PLT new owners of this protected farm.We will work to keep this property in active loin forces agriculture and hope to use the fain as a catalyst to create a program that The Town of Southold, with 50 per- keeps farmland affordable and acces- cent finding provided by the federal sible to new and established farmers." Farm and Ranch Lands Protection At a press conference about the Program, has purchased a develop- transaction both Mr. Russell and land ment rights easement on 25.6936 acres preservation coordinator Melissa Spiro of the Macari farm on Cox Lane in Cu- acknowledged, and wholeheartedly tchogue. At closing, the Macari family thanked, the Macaris, saying preserva- sold the preserved farmland to the Pe- tion cannot be accomplished without a conic Land Trust.The PLT is leasing the willing seller. preserved farmland to Fred Lee,owner The Macari farm is on Cox Lane in of Sang Lee Farms in Peconic. Cutchogue, just north of the railroad Southold was selected for the funding tracks and adjacent to,and in the vicin- by the U.S.Department of Agriculture's ity of,more than 350 acres of farmland Natural Resources Conservation Ser- that have been protected by the town vice under the FY2004/2005 Farm and and the county.The development rights Ranch Lands Protection Program.The for the parcel sold for $1,849,939.20,or town used Community Preservation $72,000 per acre. Funds from the 2 percent transfer tax Eileen Duffy to leverage the federal funds. • F W Q i' Press conference at Macari easement site on June 25,2007.Marilyn Stephenson of NRCS presenting grant award check to Supervisor Scott A.Russell. Land Preservation Committee member Ray Huntington in background. • ..w t I Press conference at Macari easement site on June 25,2007. From left to right: Joe Macari,Sr.,seller;Tim Caufield,Vice President of Peconic Land Trust;Town Councilman Dan Ross;Town Councilman Bill Edwards; Marilyn Stephenson of NRCS(speaker);Land Preservation Coordinator Melissa Spiro;Town Councilman • Tom Wickham;Land Preservation Committee member Chris Baiz,Joe Macari,Jr.,seller;Land Preservation Committee member Ray Huntington;Supervisor Scott A.Russell. SCOTT A.RUSSELL y� Town Hall,53095 Route 25 SUPERVISORy = P.O. Box 1179 • „ +- ^+ ;j Southold,New York 11971-0959 Fax(631)765-1823 Telephone(631)765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD FOR IMMEDIATE RELEASE: CONTACT: Supervisor Scott Russell June 19,2007 631/765-1889 Melissa Spiro Land Preservation Coordinator 631/765-5711 MACARI FARM IN CUTCHOGUE PRESERVED SOUTHOLD, NY—The Town of Southold, with 50% funding provided by the Farm and Ranch Lands Protection Program (FRPP), purchased a development rights easement on 25.6936 acres of the Macari Farm located on Cox Lane in Cutchogue. At closing, the Macari Family sold the preserved farmland to the Peconic Land Trust. The Peconic Land Trust is leasing the preserved farmland to Fred Lee, owner of Sang Lee Farms in Cutchogue. Southold Town Supervisor Scott Russell said "The Town is pleased to have worked with the Natural Resources Conservation Service, the Macari Family, and the Peconic Land Trust to preserve this prime agricultural land to keep it as a working farm. The lands are located in what is becoming one of the Town's largest blocks of preserved farmland." "The Natural Resources Conservation Service (MRCS) is the lead agency for the Farm and Ranch Lands Protection Program and works in partnership with eligible local municipalities and non-governmental organizations to deliver this program," said Ron Alvarado, State Conservationist. "This funding will enable farmers and landowners to enhance and protect our state's soil, air, and water resources for the future." "Through the conservation efforts of the Macari Family, the Town of Southold and the Natural Resources Conservation Service, Peconic Land Trust is proud to be the new owners of this protected farm," said Tim Caufield, Vice President of Peconic Land Trust. "We will work to keep this property in active agriculture and hope to use the farm as a catalyst to create a program that keeps farmland affordable and accessible to new and established fanners." A Press Conference will be held on Monday, June 25, 2007, at 1:00 p.m., at the Macari Farm located at 4735 Cox Lane in Cutchogue,New York, to announce the acquisition. In case of rain, the press conference will be held in the Executive Board Room located on the second floor of the Town Hall Annex (North Fork Bank Building) in Southold,NY. For more information, contact Supervisor Russell at 631/765-1889 or Land Preservation Coordinator Melissa Spiro at 631/765-5711. See attachments for additional information and directions to site. • MACARI FARM DEVELOPMENT RIGHTS EASEMENT ACQUISITION Owners: Owners at closing: Macari Associates LLC Current owners: Peconic Land Trust, Incorporated The Town purchased the easement from Macari Associated LLC, represented by Louis Macari, Joseph Macari, Jr. and Joseph Macari, Sr. The farm is adjacent to, and in the vicinity of over 350 acres of protected farmland. The Macari Family sold the property to Peconic Land Trust after the easement closed, and the Trust has leased the farm to local farmer, Fred Lee, owner of Sang Lee Farms in Cutchogue. Location: The property address is 4735 Cox Lane, Cutchogue, New York. The farm is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue. SCTM#1000-96-2-10. Easement Acreage: 25.6936 acres Purchase Date: Friday, May 11, 2007 Purchase Price: $1,849,939.20 ($72,000/acre) Federal Funding: $924,966.10 (49.99%match) The Town of Southold was selected by USDA Natural Resources Conservation Service for funding under the FY2004/2005 Farm and Ranch Lands Protection Program. The Town of Southold used Community Preservation Funds to leverage the federal funds. P � R O P E R T Y R � E C O R D S • 05/16/2007 19:49 631-287-3790 LISA CLARE KOMBRINK PAGE 02 Steward N.Y,B.T.U.FOrtn 8002•Balgaln and Sak Deed,wRh COYanenl against Grmt0r5 Arts-WOO"Acknow gment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY • THIS INDENTURE,made the ) day of May,2007 BETWEEN MACARI ASSOCIATES LLC,with offices at 150 Bergen Avenue, Mattituck, New York 11952, party of the first part, and PECONIC LAND TRUST,INCORPORATED,with offices at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11968, party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten and 00/100--($10.00)-•Dollars, and other good and valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a monument set in the southwesterly side of Cox's Lane at the division line between premises described herein and lands now or formerly Anne Marie Goerler Revocable Living Trust(Town of Southold Development Rights)which said point is distant 752.03 feet northwesterly from a railroad monument, RUNNING THENCE along said last mentioned lands the following two courses and distances: 1. South 30 degrees 17 minutes 52 seconds West 616.16 feet; 2. South 56 degrees 25 minutes 48 seconds East 562.18 feet to a monument and lands now or formerly LIRR; THENCE along said lands of LIRR: 1, South 47 degrees 53 minutes 22 seconds West 200.00 feet; 2. South 56 degrees 25 minutes 48 seconds East 15.48 feet; 3. South 47 degrees 50 minutes 32 seconds West 329.80 feet to lands now or formerly RHX Corp. • THENCE along said lands now or formerly RHX Corp.' 1. North 56 degrees 36 minutes 48 seconds West 1301.46 feet; 2. North 34 degrees 22 minutes 00 seconds East 514.14 feet to a monument; 3. North 55 degrees 39 minutes 00 seconds West 10,00 feet to a monument and lands now or formerly Cutchogue Fire District; THENCE along said lands now or formerly Cutchogue Fire District North 38 degrees 43 minutes 20 seconds East 552.12 feet to a monument and lands now or formerly Minnie Borawa; THENCE along said lands now or formerly Minnie Borawa North 40 degrees 22 minutes 36 seconds East 69.90 feet to monument in the southwesterly side of Cox's Lane; THENCE along the southwest side of Cox's Lane South 56 degrees 22 minutes 13 seconds East 764.38 feet to the point or place of BEGINNING. BEING AND INTENDEDTO BE the same premises conveyed to the party of the first part by deed dated 11/10/03, recorded 12/4/03 in Liber 12288 page 051. TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER With the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party'shall be construed as if it read"parties"whenever the sense of this Indenture so requires. • IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF. MACARI ASSOChN LLC adeed16 Louis J Mac I emb r 05/16/2007 19:49 631-207-3790 LISA CLARE KOMBRINK PAGE 03 BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York,County of Suffolk,as: State of New York,County of Suffolk ss: • On the/1 4ay of May, in the year 2007. On the day of ,in the year 200, before me,the undersigned,personally appeared before me,the undersigned,personally appeared LOUIS J.MACARI personally known to mut or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names)is satisfactory evidence to be the intllvidual(s)whose names)Is (are)Subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/shetthey executed the same In his/hertthelr me that he/shetthey exscutsd the same In his/herttheir capachy(ieLadt by his/her/their signatures) on the capacity(ies), and that by his/her/their signature(s) on the instrumental(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which the individt xecuted a instrument. the individual(s)acted,executed the instrument. (signature affice of indivi al told acknowledgment) (signature and office of individual laking acknowledgment) Notary Public DONNA M Notary Public 1 State S4 61468 QuallSed In Suffolk County CornmleekNl Dow Aug.13,z4wo TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE Slate(or District of Columbia,Territory,or Foreign Country)of County of ss: On the day of ,in the year 200, before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names) is(are) Subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capadry(lee),and that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(&)acted, executed the instrument,and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insect the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public • BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS SECTION BLOCK Title No. LOT COUNTY OR TOWN MACARI ASSOCIATES LLC TO Recorded at Request of PECONIC LAND TRUST,INCORPORATED COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAI TQ STANDARD FORM OF NEW YORK BOARD OF TrrLE ONDERNWkEKS Oistnbutad by Commonwealth COMMONWEALTH IAyU in INSURANO!C1.11NY W IN I[ O tf 2 K O u W O ffi w e W e W N Y �jt 411a1t B:)Ovi Alt[•Itl:l e19Y� 6a a;aypal!I�b 2 '• ,. 1:A�i File View Lxdbar Help F96 -2-10 d7 3i ahold Active RIS 1 School Mattitme School • Msoat�+ ,§9atesNl C� II§ r za0i cru;YrroWtntu Land,AV. r.Paa 47 ia�f�h Lanai Siae 2a.50 acres Total AV, 14.30! #IxM�er �; ToEs71 1 'tauahleYalue Miseeaaheous Name ': ff delat CLC Ctl.nt}: 1d.30➢ Book 72209 Ad lAdd€ s Win 14.300 Page: '051 SEteet.. .. r4il Bgt4eolt , Y School: 1,4,300 Mortg. PO:: ax, Bank City: '. Jaekapir R ' hts,' Y r '.'7.13 2. sch¢atter Star 14.300 Acct No 36 Sale T#t: :; Site 1 oLI Land :0 of 0 Ooatr P, .a - SgteOaEa ;;Ssle fie DW_ar Pipels Field crops i e,12 ra�: 1111JUDI, ,olb *Md#ariAsseeiat NbldCd 0 1104 Lf'ietidwiea. 5tea Sewer EaemPtfoRtotal; Qwit Ter i' . 7+<v5 Building Total; 0 Cade: Amaunf :;yTear. Pot xi ttir SPth4 t!r rrcl T 1,3Vala tmproitement Total: 0 CvJ1' nets 'Pi IU lPe Mave Fau 1'yPe Name 6im1 Dim2 SBFT Yr Bralt FI36^c � utthbguu�G X00 pZY , D0 ' f'Kf10 Cutch New; r U ff0 t I T. 0➢ . • .,.u.. t m ....:..f ..._.., REA + L, + i,. .. .. Doublecllcktaopen a ri,idov') ?Skart ! Inbox=Microsoft outlook Q RPS Version d-[Snap... • 2 � 0 0 7 P H O T O � S • r • View of Macari easement from mid point of n/e boundaryalong Cox's Lane at back corner of framed barn facing southerly. (6/25/07) • View of Macari easement mid point of n/e boundary along Cox's Lane at back corner of framed barn facing southwesterly.(6/25/07) View of Macari easement mid point of n/e boundary along Cox's Lane at back • corner of framed barn facing southeasterly. (6/25/07) A • E R I A L S • • V • �'u /. f. � _ � Y � i� i/� Y � , � :, j �: � �/ ., ,. y • � �I, ; k� �. ._ ._. 4 ..� r ,, .� ,�. v j j � �� � � � � �� x. / • • • is •-- �- •• - � • � .. � /, y� 101 ,- � j \\ ,_. �- >, �' • • • • � • • .�. r� i s �r rt AERIAL PHOTO 1994 f f f a �1 Y, � \S AERIAL PHOTO 1980 �\ �, i .- �� •'_.Ri'_. � �.�. � ..v�'., _ "y � � � �7: \�` �.� \elf(-/ \ p\ `� �{ r `. /� - � lid /�. "�K � .. . .��� � '�S lt.. ��` . � �� . � Y � �� � , \ � ,ti ��,�;� ,, ���, yam. '�, � . , �� �^ 1 � �� \ �. �.. t '`� � i�_ � • 1 , t 1 1 1 t 1 f * M 1T, 4f •cM� t , part AERIAL PHOTO 1969 1 1 I r AERIAL PHOTO 1961 i 1 1 t 1 � ' AERIAL PHOTO 1938 S ! U R v E Y a,�%�� SURVEY OF PROPERTY ems, 6� AT CUTCHOGUE TOWN OF SOUTHOLD �,o� SUFFOLK COUNTY, N. Y. 1000-96-02-10 �+[r• s� �' SCALE.- 1'=100' JANUARY 10, 2007 JAN. 46, 200RCERTIFICATION) / F ry / / QQ'y0 r / ^P' FALLOW ry ti 4� DEVELOPMENT RIGHTS EASEMENT - - - AREA=25.6936 ACRES IRnlwngv nett O ryry .� JK FALLOW nELO ^dry N 4j-, F i r ' FN'R�O�'BiF �pP �s�s �y'sJ (iyNc bsF '�,Ls � r ss?�e 4P1y N FALLOW nEU) '12% sss� 1�y2�9 ° d FINAL SURVEY FIPLIFJAN 3 0 2001PToI LAND Cfin7wiTiON - - — cE°FNEWr 5;o NT.MET?�q'F ■=MONUMENT Y. 96 8 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A WOLATION CERTIFIED T0: OF SECTION 72090E THE NEW YORK STATE EDUCATION LAW. P CONIC SU YO " ,C TOWN OF SOUTHOLD EXCEPT AS PER SECTION 7209-SUBDIVISION 7y. ALL CERTlFlCA7/ONS (631) 765-5020 FAA961a PECONIC LAND TRUST INCORPORATED HEREON ARE VALID FOR THIS MAP AND COP/E5 THEREOF ONLY IF P.O. BOX 909 - STEWART TITLE INSURANCE COMPANY AREA-27.5302 ACRES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET THE UNITED STA TES OF AMERICA . WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 0 -102 A • E R I A L M A P • • I y V ���� �� To � n o F �� �-: ,: s+a � � i F(• ^,r-"�al � � �(� � ak .. '«��� � �� P` . t Ale • , Ab _ • _ j, t ' y Development _ � jj � �� � Dewe lopfinent tr �, I „ ti �. . .. "" To n ��� 9 , lig , p, d \ .� r , sP s v u - -1 y y, 9 C` : •y �f t r P r �t :� w.. . ... .,,,. ;-, ,<-. ,w,�'' � ' , -:.:.:- xs ;, .. a; I ." i�1rz �•,, lt. CS '2- �'s:,. '\�C. �., r; - r::1- / `' f , l . a*µ �� e 1 -} ? • VA"$,'•-h'V , .♦ t `ey/ ��'.'-s`''' p, 5 f ;. w p' x ,.: r�/r ..,\ i.. -:T'� y�'yt:* „ �",� :�:. "`" �'��� ,a.' C, € i r ,. . ^,. -. e � I��' \ ',: F=• . .� �.-t, ^ e e,Ve ops / J Count t y y a I�ewelo �- merit d d':� i � (•'m,� � i £ .� }ra,tr t� "a"3 +4y'... � �Y` ': x},`� t, tr A� ,�. 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