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HomeMy WebLinkAboutGalluccio Estate Vineyards, LLC1000-109-1-13.2 (f/k/a 1000-109-1-p/o 13) Baseline Documentation Premises: 24385 Main Road Cutchogue, New York 42.1291 acres Development Rights Easement GALLUCCIO ESTATE VINEYARDS, LLC to TOWN OF SOUTHOLD Easement dated December 13, 2006 Recorded December 27, 2006 Suffolk County Clerk - Liber D00012484, Page 921 SCTM #: Premises: 1000-109-1-13.2 (f/k/a 1000-109-1-p/o 13) 24385 Main Road Hamlet: Purchase Price: Funding: Cutchogue $2,864,778.80 (42.1291 buildable acres ~ $68,000/acre based upon subdivision map prepared by John Ehlers, LLS on April 7, 2006) Community Preservation Funds - 2% land bank CPF Project Plan: Total Parcel Acreage: Lot Line Change: Development Rights: Reserved Area: Yes 82.5375 acres Lot 1 - 40.4084 acres (34.1888 acre development rights easement sold to Town of Southold, 1999) Lot 2 - 42.1291 acres (development rights easement) 42.1291 easement acres 6.2196 acres (included in Lot 1) Zoned: A-C Existing Improvements: In December 2006 - planted vines, wooded areas, framed shed, 1 story metal building, 2 sheds, stone driveway, farm roads, right of way easement over existing access roadway DESCRIPTION LAND The subject is a 40.34_+ acre portion of a larger parcel of land described as follows: The property is rectangular in shape having 355+' of frontage along the Long Island Rail Road, an irregular southerly line of 852_+' of which 352_+' has frontage along the nodherly side of Main Road, an easterly line of 4,646_+', and a westerly line of 4,558-+, for a total area of 48.34_+ acres (of which 6.00-+ acres are excluded, leaving a subject area of 40.34_+ acres). The land is cleared and has a generally level topography. Access to the subject property would be via 30_+' of direct frontage on Main Road, and via right of way over the existing, gravel road (on excluded area). 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. Main Road is two way, two lane, publicly maintained, macadam paved road. Public water is not available in this area. IMPROVEMENTS The subject is improved with a 1,000_+' SF barn/storage building, and 1000_+' SF tasting room equipped with bathrooms. These improvements are not considered to be indicative of the highest and best use of the land and would likely be demolished prior to development. PRESENT USE AND OCCUPANCY The subject is presently vacant farmland in use as a vineyard. P R 0 P E R T Y V I S U A L S I I$ I I I I I I I I I i I i I SUBJECT PHOTOGRAPHS VIEW OF SUBJECT FACING NORTH VIEW OF SUBJECT FACING EAST I ~GIVEN ss 10 I I I I I I I I$ I I I I I I I I SUBJECT PHOTOGP. APHS STREET VIEW FACING WEST ALONG MAIN ROAD STREET VIEW FACING EAST ALONG MAIN ROAD ~GIVEN ! ! 70 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 Galluccio Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The overall property consists of 48.25 acres and the property which is the subject of this report consists of 42.13 acres. The. property is located on the north side of Main Road (SR 25), 1,264.51 feet west of Alvahs Lane. The property is more particularly described as Suffolk County Tax Map # 1000-109-01-p/o 13. The 42.13 acre subject property consists mainly of vineyard with a wooded area in the center of the four (4) vineyard sections and a fallow field area on the southeast portion of the property. Three (3) sheds and a maintenance/storage building are located in southwest portion of the property. A 65:t- foot wide leg of the property extends to Main Road. This section of the property and an area surrounding the sheds and maintenance building are wooded. The southernmost shed is utilized to store tables, chairs and dry goods for the wine tasting barn of the vineyard. The two (2) northern sheds are utilized to store the pesticides and herbicides utilized at the vineyard and for storage of hand equipment. The pesticides storage shed is properly labeled; however, a small area of staining was observed on the ground at the entrance of the shed and on the wooden floor of the shed. During the site reconnaissance, Mr. Greg Sandor, the general manager of the vineyard provided three (3) looseleaf binders full of Material Safety Data Sheets (MSDS) for review. The maintenance building contains equipment, a small work bench area for equipment maintenance and materials utilized at the vineyard. A small employee lounge/office/washroom is located in the southwest comer of this building. A slop sink and shower are present for workers to clean up and to shower in case of an emergency. The sink and shower are reportedly connected to a drywell located off the southwest comer of the building. This building did not contain any heating equipment at the time of the site reco~maissance. A 275 gallon above ground diesel fuel storage tank situated on a concrete pad is located off the northwest comer of the building. This tank is utilized to fuel the equipment used on the vineyard and has a hose and hand cranked pump situated on the top of the tank. Minor staining was observed on the concrete pad located beneath the tank. A water supply well situated in an insulated box is located off the northeast comer of the building. This well supplies water to the slop sink and shower, and is utilized to fill equipment (i.e. fertilizer tanks)~ Numerous pieces of equipment utilized at the vineyard, including several 55 gallon plastic drams, plastic tanks, NELSON, POPE & VOORHIS, LLC EN¥1RONMENTAL · PLANNING · CONSULI lNG Galluccio ProperS', Cutchogue Phase 1 ESA fertilizer spreaders, etc., are stored on the grounds surrounding this building. No staining caused by this equipment was observed during the site reconnaissance. The wooded area in the central portion of the property has a depression in which an irrigation well is present. The pump associated with this well is reportedly powered by a small, portable, self-contained gasoline engine. This engine was located adjacent to the well at the time of the site reconnaissance; however, the engine was wrapped up and could not be fully observed. No staining or stressed vegetation due to a release or leakage was observed surrounding this engine. An area located to the northeast of the wooded area is utilized to dump debris collected from the vineyard and store wooden pallets for future use. The remaining area of the property consists of vineyard. Historic aerials from 1938, 1954, 1969, 1976, 1980, 1994 and 2004 were reviewed in order to determine past uses of the property. This review revealed the subject property has always been utilized for agricultural purposes. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, two (2) active and three (3) closed spill incidents are located within one-half(0.5) mile of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The drywell associated with the slop sink situated in the employee lounge in the maintenance should be sampled to determine is elevated concentrations of volatile and semi-volatile organic compounds, metals, pesticides and herbicides are present. The staining located on the ground outside the pesticides storage shed should be cleaned and properly disposed of by licensed waste scavenger. Once cleaned, the storage shed should be properly maintained and correct practices use in the storage and handling of the pesticides and herbicides. The following recommendation is issued: Due to the minor staining observed on the concrete pad beneath the 275 gallon diesel fuel storage tank located off the northwest comer of the maintenance structure, the tank should be checked for leaks and properly maintained in the future, la~ addition, the hose and pump located on the top of the tank should be properly maintained and handled in order prevent any leakage and~or spillage. k ! 1 I ] ] Galluccio Property, Cutchogue Linfited Phase 11 ESA 5.0 SU3~M,-,,R, AND CONCLUSION This investigation was completed to address issues raised in a prior Phase I ESA prepared by Nelson, Pope & Voorhis, LLC. A sampling and mmlysis program was designed to determine if the on-site stonnwater leaching pools had been impacted by the uses of the subject property. The sampling and analysis plan consisted of soil/sediment quality testing using analytical test methods consistent with expected parameters and agency soil cleanup objectives. The following presents an evaluation of the results of this investigation. The drywell located off the northwest side of the maintenance building was sampled and analyzed for the presence of volatile and semi-volatile organic compounds, metals and pesticides. The analytical results revealed that only P-lsopropyltoluene exhibited elevated concentrations in excess of the SCDHS guidance values set forth in SOP 9-95. As a result, the drywell needs to be remediated under the auspices of the SCDHS personnel. The stained area in front of the pesticides shed was cleaned up and removed form the property for disposal at an appropriate facility. The subject property has been evaluated consistent with the findings of a Phase I ESA, and in accordance with standard practice for the industry. This Limited Phase II ESA addresses only the specific areas of the site warranting further analysis and can only provide conclusions regarding the subsurface soil quality in those specific areas tested. The Phase I1 ESA report is limited to the evaluation of on-site conditions at the time of completion of the field sampling program. 1 ! i ! i ] D~-te' df ~'ompletion NELSON, POPE & VOOP-~IS, LLC .,,it ENVIRONMENTAL.PLANNING.CONSULTING Charles d. Voorhis, CEP, AICP Project Manager Page 8 of 10 southern Interior of maintenance building Above ground diesel fuel tank Staining outside of pesticide storage shed Maintenance building ~shed Well located offnortheast comer of maintenance building Well enclosure to Equipment ocated on the side if the maintenance building Well located in wooded area in center of the property Typical view of vineyard Debris piles located north of wooded area FIGURE 1 SAMPLE LOCATION MAP Gatlaccio Estate Vineyards, Cutchogue Limited Phase Ill ESA Source: NYSGIS Orthoimagery Progrmn, 2004 Scale: 1"= 150' NORTH Galluccio Estate Vineyards, Cutchogue FIGURE 1 Phase i ESA LOCATION MAP Source: DeLo~e Street Atlas Scale: Not to Scale ~ Source: NYSGIS Orthoimagery Progr~am, 2004 Scale: I" = 550' Galluccio Estate Vineyards, Cutchogue Phase ! ESA I Galluccio Estate Vineyards, Cutchogue 1O FIGURE 3 Phase ! ESA I LAND USE MAP I ,, I !- i ,, 0 Source: NYSGIS Orthoimagery Program, 2004 I Scale: 1" = 800' ¢~ Galluccio Estate Vineyards, Cntchogue Phase I ESA FIGURE 4 ZONING MAP_ ~ r _ - , -- ~ ~ LI Li~t Industrial Source: Tom of Southold Zoning Map Scale: 1" - 1,000' I Source: Sufiblk County Soil Survey Scale: 1" = 800' NoR'r~ #~ + Galluccio Estate Vineyards, Cutchogue Phase ! ESA FIGURE 6 Galluccio Estate Vineyards~hC:::lh~g~ TOPOGRAPHIC MAP Source: USGS Topograpohic Quadrangle, Madmck, Mattock Hills, Southampton & Southold Scale: 1" = 800' ~H Galluccio Estate Vineyards, Cutchogue Phase I ES FIGURE 7 ~ATER TABLE CONTOUR MAP ii: i } 3580 S16780 . 5700 5 460 3 3f~ * ~ S~1581 ~ 0705 % ' S¢7~35 g, ,3940 4790 S8836 0 ' 46' S8835 4 ~ ' ~ S 6533 Source: USGS Water Resources hw~stisatio~ repo~, 2001 Scale: l": 8,000' ! I I i I I I I I I I I I I ,,. FIGURE 8 WATER MAIN MAP Source: SCWA Distribution Map, 2005 Scale: Not to Scale Galluccio Estate Vineyards, Cutchogue Phase I ESA x.%. / NORTH FRESHWATER. WETLANDS , ~. . .~. ~.... ~~ ::a~::e: l~,~,~:0~reshwater Wetl~ds Map ! I I I I I I I I I I I I I ,,. I FIGURE 10 FLOOD MAP ZONE X Town of Southold 360813 Source: FEMA Flood Zone Maps, Panel 144 & 163 Scale: 1" = 600' Galluccio Estate Vineyards, Cutchogue Phase I ESA ZONE X NORTH OVERVIEW MAP - 1801752.2s Target Property Sites at etevations higher than or equal to the target property Sites at elevations lower than the target property Manufactured Gas Plants Nationat Ust Sites Priority Landfill Sites Dept. Defense Sites ~ITE Indian Reservations BIA /'~?' Oil & Gas pipelines ] 100-year flood zone ] 500-year flood zone ] National Wetland Inventory [] State Wetlands SITE NAME: Galluccio Estate Vineyards iADDRESS: 24385 Main Road Cutchogue NY 11935 LAT/LONG: 41.0092 / 72.5019 This repod inch~dos Interactive, Map Layors to display and/or hide map information. The legend inctudes only those icons for the defaull map view, CLIENT: Nelson, Pope & VoorhJs LLC CONTACT: Mar/ssa Da Breo INQUIRY#: 1801752~25 DATE: November 21,2006 7:02 pm PHYSICAL SETTING SOURCE MAP - 1801752.2s County Boundary Major Roads Contour Lines Ear.quake epicenter, Richter 5 or greater Water Wells Public Water Supply Welts Cluster of Multiple Icons 0 1/4 1/~ Groundwater Flow Direction Indetarminate Groundwatar Flow et Location Groundwater Flow Vabes at Location Closest Hydrogeological Data Oil, gas or related wells SITE NAME: Galluccio Estate Vineyards ADDRESS: 24385 Main Road Cutchogue NY 11935 LAT/LONG: 41.0092 / 72.5019 CLIENT: Nelson, Pope & Voorh s LLC CONTACT: Marissa Da Breo INQUIRY#: 1801752,2s DATE: November 21, 2006 7:02 pm P U B L I C H E A R I N G Town of Southold - Letter Board Meeting of November 21, 2006 RESOLUTION 2006-900 ADOPTED Item # 15 DOC ID: 2308 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-900 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21, 2006: 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~ December 5~ 2006~ at 8:05 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 a portion of the property owned by Galluccio Estate Vineyards~ LLC. Said property is identified as part of SCTM # 1000-109-1-13. The address is 24385 Route 25, Cutchogue, New York. The property is located on the northerly side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 42~ acres on the 48± acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, 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 November 28, 2006 Page 24 Town of Southold - Letter Board Meeting of November 21, 2006 Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated November 28, 2006 Page 25 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 Tuesda¥~ December 5~ 2006~ at 8:05 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 a portion of the property owned by Galluccio Estate Vineyards, LLC. Said property is identified as part of SCTM #1000-109-1-13. The address is 24385 Route 25, Cutchogue, New York. The property is located on the northerly side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 42± acres on the 48± acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, 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: November 21 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON NOVEMBER 30, 2006, 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 Land Preservation Town Clerk's Bulletin Board Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING December 5, 2006 8:05 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~ December 5~ 2006~ at 8:05 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 a portion of the property owned by Galluccio Estate Vineyards~ LLC. Said property is identified as part of SCTM #1000-109-1-13. Thc address is 24385 Route 25, Cutchogue, New York. The property is located on the northerly side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 42± acres on the 48± acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. Thc easement will be acquired using Community Preservation Funds. The property is listed on thc Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, 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. That is the notice of the public hearing, it is at 8:05 PM. I have notice that it has appeared as a legal in the local newspaper. I have before me a State Environmental Quality Short Environmental Assessment form that has been filled out as an unlisted action and it has also appeared on the Town Clerk's bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? Melissa Spiro. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. I would just like to point out a few quick things. The landowner approached us early in October with an offer to sell the development rights on this property if we could close by the end of the year. We all worked very hard on this and I believe that we will be able to accomplish that by the end of the year. The development rights easement project that preserves active, prime farmland in the agricultural conservation, AC, zoning district. The easement will extend to the west in an existing block of approximately 150 acres of farmland, which is located to the east of the property up to Alvahs Lane and then to the east side of Alvahs Lane. You can see it on the map up front. Peconic Land Trust has been involved with and is a partner with the Town in this preservation effort. The Land Preservation Committee is very much in favor of the project. And like I said earlier, everyone has been very committed to working out all those details to complete this by the end of the year. But the Committee and I recommend that the Town Board proceed with this project. Thank you. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to come up and address the Town Board on this? (No response) Can I get a motion? Southold Town Clerk S E R S 0 L U T I 0 Town of Southold - Letter Board Meeting of December 5, 2006 RESOLUTION 2006-935 ADOPTED Item # 13 DOC ID: 2333 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-935 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 5, 2006: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Galluccio Estate Vineyards, 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- 109-1-13. The address is 24385 Route 25, Cutchogue, New York, and is located on the northerly side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 424. acres (subject to survey) on the 484. acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] HOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated December 8, 2006 Page 20 617~20 Appendix C Slate Environmental qu~.lRy Review SHORT ENVIRONMENTAL ASSESSMENT FORH For UNL/STED ACI'~ON$ Only PART Z-PRO3ECT ZNFORHAT~ON (To be completed by Applicant OR Project) Page 1 of 2 1. APPI/CAt~Y/SPONSOR: Southold Town Board 2 PRO3ECT NAME '~-~.=~e o,~ 3, PROIECT LOCATION, Municipality: . C,,.~-c.v,o ~v~ ~ SOo~'~O~.O ~ o~,~,.~ County: 4, PRECISE LOCATION. (Street address and road intersections, prominent landmarks, etc, or provide 5. XS PRO~OS~U A~ON: ~ New ~ Expan~on ~ Hodlfl~tion 6, DESC~BE PRO3E~ B~EF~: 7. AMOUNT OF LAND AFFECTED: INITALLY ~ ~: acres ULT[HATELY t~ ~'~ acres 8. WILL PROPOSED ACT[ON COMPLY WXTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? J~ YesL-] No if,'Vo, descr/bebr/efly 9. WHAT IS PRESENT LAND USE ZN V[C/NTI'Y OF PROIECT? Residential~1 I. Commercial ~ Industrial ~ Agriculture DesoYbe.' Park/Forest/Open space Other 10. DOES ACT[ON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTZHATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~ STATE OR LOCAL)? r'~ Yes ~' No /f yes~ I/st agency(s) and pen~it/approva/s 11. DOES ANY ASPECT OF THE ACT20N HAVE A CURRENTLY VAI/D PERMIT OR APPROVAL? ~ Yes ~ No /f yes, Ii~t a~Tencn/(s] andperm/t/approva/s 12. AS RESULT OF PROPOSED ACT[ON WILL EXISI~NG PERM[T/APPROVAL REQUIRE MODIFICATION? [~ Yes ~ No ! CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE SI91/aproc~ u are a state agency/ complete tile Coastal Assessment Form before P~ART II-ENVIRONHENTAL ASSESSHENT (To be,completed by Agency) Page 2 of 2 .... A. DOES AC'I/ON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRP~ PART 6:1.7.47 B, WILL ACT[ON RECE1VE COORDINATED REVIEW AS PROVTDED FOR UNLI~I'ED ACT/ONS IN 6 NYCRR~ PART 617,67 ._~ Yes~ ,o .rf no, a ne~at/v~ dedarat{on may be .~u~:ended by anoff~ lnvo/ved agen~ C, COULD ACT/ON RESULT IN ANY ADVERSE EFFECTS ASSIOC~ATED W/TH THE FOLLOWING: (Answers may be hendwritten, If legible) C1. Existing air quality, surface or groundwater qualEy or quantity, noise levels, existing traffic patterns solid waste production or disposal, potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explj~ (~riefly; C3. Visitation or fauna fishes shellfish, or wildlife species~ significant habitats, or threatened or endangered species? Explain briefly: C4, ~ communltys existing plans or goals as off]dally adopted, or change in use or Intensity of Use of land or other natural resources~ Expl~n~br[efly: CS. Grey. h, subsequent development, or related actMUes key to be nduced by the proposed action~ Explain bdefly: C6. k~0~~ term, short te~m, cumulative, er other effects not identified in ¢1-C57 Explain ~iefiy: C?. Other impacts (induding changes ia use of either quantity of type of energ¥)'~. Explain bdefly: D. WiLL THE PRO3 ECT HAVE AN t'M PACT ON THE ENVIRONMENTAL CHAR~CTERZCS THAT CAUSED THE ESTABLTSHMENT OF A CEA? I~ Yes~ No E. ZS THERE~ OR tS THERE LlrKELY TO BE~ CONTROVERSY RELATED TO POTENT[AL ADVERSE ENVERONMEHTAL IMPACTS? PART III- DETERMINATION OF SIGNIF]rCANCE (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; (e) geographic scope; and (0 magnitude. ~f necessary, add a~tachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacLs have been identified and adequately addressed. If question D of part H was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ~Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENVIRONHETHAL ASSESSHENT FORH and/or prepare a positive declaration. ~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide on attachment~ as necessary, the reasons supporting this determination: ~ C~ ~ .// Name of Loan Agen_...c~. ~' Print of type Name,~Responsible.~]flqcer in Lead Agency __ Tige.et~ Responsible Officer S ~i'6~r~OCf Respons ble'O~cer n Lead Agency Slgnatur'~-o~ prepare(i/~i'ifferent from of responsible officer) P U R C H A S E R E S 0 L U T I Town of Southold - Letter Board Meeting of December 5, 2006 RESOLUTION 2006-950 ADOPTED Item # 28 DOC ID: 2334 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-950 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 5, 2006: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Galluccio Estate Vineyards, LLC on the 5th day of December, 2006, 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 #1000-109-1-13. The address is 24385 Route 25, Cutchogue, New York, and is located on the northerly side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's in Cutchogue in the A-C zoning district; and WHEREAS, the development rights easement comprises approximately 42± acres (subject to survey) on the 484- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee; and WHEREAS, the purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has 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 Generated December 8, 2006 Page 35 Town of Southold - Letter Board Meeting of December 5, 2006 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 Galluccio Estate Vineyards, 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 #1000-109-1-13. The address is 24385 Route 25, Cutchogue, New York, and is located on the northerly side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning district. The development rights easement comprises approximately 42± acres (subject to survey) on the 48± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP. 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 December 8, 2006 Page 36 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. This assessment is iutended to supplement other information used by a To~vn of Southold agency in making a detmTnination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of tiffs form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial tu~d adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the actfievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both suooorting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: ouline at the Town of $outhold's website (southoldto~a~.northfork.net), the Board of Trustees Office, the Plm~fing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# / o ] /3 The Application has been submitted to (check appropriate response): TownBoard [] Planning Board ~ BuildingOept. ~-~ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, snbsidy) (c) Nature and extent of action: Permit, approval, license, certification: c"~-W~ a-t o oo - I oq- I -I -g qg_~ c,c¢e5%') If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( )_ (d) Application nmnber, if any: Will the action be directly tmdertaken, require funding, or approval by a state or federal agency7 Yes ~] No [] If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of develop~nent in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [~ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visnai quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [-~ Yes [-~ No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II1 - Policies Pages 8 through 16 for evaluation criteria [-~ Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply iu the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes {~ No [~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No [~"/~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public a'ccess to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes ~'~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~-~ Yes [--] No [~] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultm'al lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [] No ~)Not Applicable PREPARED BY Amended on 8/1/05 DATE C L 0 S I N G S T A T E M E N T CLOSING STATEMENT GALLUCCIO ESTATE VINEYARDS, LLC to TOWN OF SOUTHOLD Total Development Rights Easement - 42.1291 acres Premises: 24385 Main Road, Cutchogue SCTM #1000-109-1-p/o 13 Closing took place on Wednesday, December 13, 2006 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 2,864,778.80 (based upon 42.1291 buildable acres $68,000/buildable acre) disbursed as follows: Payable to First Pioneer Farm Credit Check #88944 (12/13106) $ 15,159.80 Payable to William Bates, As Attorney Check #88941 (12/13/06) $ 80,000.00 Payable to Syma Gerard Check #88945 (12/13/06) $ 113,400.00 Payable to E-Venture Capital Management Inc. Wire transfer $ 2,656,219.00 Expenses of Closing: Appraisal Payable to Given Associates, LLC Check #88848 (12/5/06) $ 2,900.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #89067 (12/19/06) $ 1,300.00 Environmental Report (Limited Phase II ESA) Payable to Nelson, Pope & Voorhis, LLC Check #89067 (12/19/06) $ 1,622.50 Survey Payable to John C. Ehlers Land Surveyor Check #89005 (12/'19/06) $ 750.00 Title Report Payable to Stewart Title Insurance Company Check #88946 ('12/13/06) Fee insurance $11,333.00 Recording deed $ 200.00 Certified deed $ 35.00 Franchise reports (4) $ 100.00 $ 11,668.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #88943 (12/13~06) $ 100.00 Those present at Closing: Scoff A. Russell Lisa Clare Kombrink, Esq. Vincent Galluccio Charles R. Cuddy, Esq. Tim Caufield Susan Q. Tuths, Esq. Syma Gerard Patricia Fallon Melissa Spiro Melanie Doroski John Sepenoski Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller Peconic Land Trust Vice President Attorney for Peconic Land Trust Real Estate Broker Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Deputy Town Supervisor and Land Preservation Committee Member CREDIT ,'088qqq,,' ~:08~NOSN6N~: &~ O0000N 0,' .............. ~O~ ~ H3 .8660.2.600.100 TBR950 121306 10,/!3,/°Rile nH~CK 889d~ DEV RIGHTS-42.12 A 15,159.80 TOTAL 15,159.80 TOV,,H OF SOUTIIOLD · SOUTHOLD, NY 11971 0959 ~,3 ODOODN 0"' VR]~T1Q~ AO~lQq WTT,T,TAM RAT~A.AR ATTORneY H3 .8660.2.600.100 TBR950 121306 l?/l~,/2on~ C~EC¥ 99~dl DEV RIGHTS-42.12 A 80,000.00 TOTAL 80,000.00 TC)WNOFSOUTHOLD. SOLITHOLD NYl1971.0959 ll'O,°,,qql~C;ll' f:O2~L, OC;l~r.l~,: r.~, 000001~ O,' VENDOR ~07905 H3 .8660.2.600.100 TBR950 121306 DEV RIGHTS-42.12 TOTAL 113,400.00 113,400.00 TO~,~N OF SOUTHQLD · SOUTHOLD ~']'T' 11971 0959 Receipt Page 1 of 1 Wire Transfer Date: t 21t312006 Time: '1t:'10:48 AM The Wire Transfer You Submitted In The Amount Of $2,656,219.00 To Be Transferred To: "E-Venture Capital Management Inc." From Account "EMA TRANSFER ACCOUNT" Effective Dated 12/13/2006 Was Processed I,l>s. xxxxxx.qlbconnect.c ~/c, sl aa~Recc lt. s0?.\~l-6()&l on=EMA%20 RANS-~{%2(.. 12'1321/)6 GIVEN ASSOCIATES 48 Route tll / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice Date I Invoice 1/1/2006 158 Bill To Melissa Spiro Land Preservation Coordinator Town of 80uthold P.O. Box !179 Southold~ NY 11971 Please make check payable to: GIVEN ASSOCIATES, LLC. Description File No. 2006275 Appraisal of Real Property of Galluccio Estate Vineyards, LLC Located 24385 Mairt Road Cutchogue, NY ;.C.T.M. #1000-109-1-13 Terms Due upon Receipt Amount 2,900.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti 2/28/2006 2/28/2006 H3 .600 3/28/2006 3/28/2006 E3 .600 5/09/2006 5/09/2006 E3 .600 7/11/2006 7/11/2006 A .600 7/25/2006 7/25/2006 E3 .600 8/08/2006 8/08/2006 E3 .600 9/05/2006 9/05/2006 E3 .600 10/17/2006 10/17/2006 H3 .600 11/08/2006 11/08/2006 E3 .600 11/08/2006 11/08/2006 ~3 .600 12/05/2006 12/05/2006 ~3 .600 CAlqNOT FORWARD. END OF FILE Disburs Inquiry by Vendor Ne_me Detail--GL100N : W-12052006-574 Line: 115 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUlqTS PAYABLE : : Trx Date ..... 12/05/2006 SDT 12/04/06 : : Trx Antount... 2,900.00 : : Description.. GALLUCCIO APPRAISAL : : Vendor Code.. 007416 : : Vendor Naxae.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 88848 SCNB : : Invoice Code. 2006275 : : VOUCHER ...... : : P.O. Code .... : : Projeat Code. : : Final Payment P Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 12/05/2006 : : Date Cleared. : : F3=Exit F12=Cancel : DEC-15-2005 13:25 NELSON AND POPE 6J1 425 1257 P.~ Nelson, Pope & Voorhis, LLC 572 Walt Whilman Road Phone: 631-427-~065 Melville NY 11747 Fax: E$1-427-5620 Invoice pro~aty: 06346 Proj~-t: VA02262 G~Jlucoio ]E~tate Viney~m~. Cu[chol~, To: Town of Southoid Dovt of Land Pre~crv Town Hall $3095 Sm[e Ri 25, ?O Box I $outhold NY 11971 Att~tlon: Melanie DorosJd lavoiee#: 4544 lnvei~ Dele, December 14, 200~ MAKE CH~Clr~i PAYAI[ILE TO N~I~ON POPIg & VOORH]IS Invoice Amount $2,922.50 Ph.~e I Environmental Site Asse~men¢ Contlll~ AlllOtmt: $1,300.00 Percent Compler~: 100.007,~ Fce~Samed: $1,300:00 Prior Fo* Billings: $0.00 Corrent Fee Total: $1,500.00 Contract dated 12/.5/06 - Item #h Prepare Umited Phsse H Environmental Site AsseSSment Coil,-act Amount; $l,622.50 Pcrr~nt Complete: 100,00% Fee Eam~: $1,622.50 ~ior F~* Billings: Current Fee Torsi/ $1,622.50 * ** Total Project Invoice Amount Pkase nntl~a all cheeRs payable to ~OJ~IIS Please include involc~ number on cheek NELSON POPE & VOORHI$ NOW ACCEPTS CREDIT CARDS VISA . MASTERCARD . AMERICANEXPRES~ $2,922.50 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti ,~/05/2006 600 9/05/2006 9/05/2006 H3 600 9/05/2006 H3 ,, 10/03/2006 10/03/2006 H3 ,, 12/05/2006 12/05/2006 H3 ~ 12/19/2006 12/19/2006 H3 , , 1/02/2007 1/02/2007 B . . 1/30/2007 1/30/2007 B 600 600 600 600 6OO F2=Shift Up F3=Exit F10=Prev View CANNOT FORWARD. END OF FILE Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-12192006-716 Line: 317 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/19/2006 SDT 12/18/06 : : Trx Amount... 2,922.50 : : Description.. GALLUCCIO PHASE 1 & 2 : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOOREIS, : : Alt Vnd.. : : CHECK ........ 89067 SCN-B : : Invoice Code. 4544 : : VOUCHER ...... : : P.O. Code .... 16342 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 12/19/2006 : : Date Cleared. 12/31/2006 : : F3=Exit F12=Cancel : 12/13/2886 16:47 12/13/2006 10:47 JOHN c ENLER~ LS PAGE 82/82 PAC-~ 01/01 Bill To Town of $outhold TOWn Hal; $ou~h:,W, NY 11971 JOHN C. EHLERS LAND SURVEYOR 6 East Main ~reet Rlvarhead, NY 11901 Phone; 631-369.8288 Fax; 631-389-8287 Your Client Galluc~io r:~tate~ Vineyard Invoice Date of ~,ervioe 12/13/2006 Description Current Suntey of Developmem Rights Area for preper~ dee~-ibec~ above, approximately 42.~/_ acres $CTt~ J My Job # Amount 750.~ GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 005322 EHLERS/JO]{I~ C. Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 12/19/2006 12/19/2006 H3 .600  =Shift Up F3=Exit F10=P~ev View leer Record(s) or Use Actzon Code Disburs Inquiry by Vendor Nam~ .............. Detail--GL100N ............. W-12192006-716 Line: 117 Formula: 0 Aocount.. ~3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 12/19/2006 SDT 12/18/06 Trx A~ount... 750.00 Description.. SURVEY-~ALLUCCIO Vendor Code.. 005322 Vendor Name.. EHLERS/JO~N C. Alt Vnd.. C~ECK ........ 89005 SCNB Invoice Code. 2006420 VOUCHER ...... P.O. Code .... TBR950 Project Code. Final Payment P Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y : Date Released 12/19/2006 : Date Cleared. 12/31/2006 : F3=Exit F12=Cancel : Title No. -- FAIR MARKET VALUE I~DER STEWART TITLE INsURANcE COMPANy 125 Baylis Road, ~uite 201,. Melville, New York I 1747 631-501-9615. fe~ 631-50i-9623 _PREMIUM~ _PREMIUM _PREMIUM NEW YORK STATE TRANSFER/MANSiON TAX MORTGAGE TAX (Mortgagee)_ MORTGAGE TAX (Mortgagor)_ COMMUNITy PRESERVATION FUND SURVEy INSPECTION DEPARTMENT2~L SEARCHES STREET REPORT BANKRUPTCY SEARCH ESCROW DEPOSIT FEE ESCROW DEPOSIT RECOI~DING FEES: ( ) SATISFACTION(g)_ ] (~ ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGP~EMENT(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) ASSIGNMENT(s)_ CLOSER CItARGES, IF ANY: PICK-UP FEE OTHER: PATRICIA L. FALLoN · Title Closer ,'088qN~,' ~:O~&NOSN~N~: r-,::l, O0000N 0,' H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 TBR950 ST-S-8086 TBRg50 ST-S-8086 TBR950 ST-S-8086 TBR950 ST-S-8086 TITLE POLICY-GALLU 11,333.00 DEED REC FEE-GALLUCCI 200.00 CERT COPY DEED-GALLUCC 35.00 4 REPORTS-GALLUCCIO 100.00 TOTAL 11,668.00 TOWN OFSOUTHOLD . SOUTHOLD NYl1971-0959 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument= EASEMENT/DOP Number of Pages: 17 Receipt Number = 06-0123566 TRANSFER TAX NUMBER= 06-17644 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 109.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $2,86A,778.80 Received the Following Fees For Above Instrument Exempt Page/Filing $51.00 NO Handllng COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $11.05 NO RPT SCTM $0.00 NO Transfer tax Con~n. Pres $0.00 NO TRANSFER TAX NUMBER: 06-176AA Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 12/27/2006 11:51:13 AM D00012484 921 Lot: 013.002 Exem~ Ss.00 NO $15.00 NO $0.00 NO $3O.0O NO $0.00 NO $122.05 JAN 2 4 2007 DEF[ OF [AND PRESCRV~TION This document will be public record. Please remove all Social Security Numbers prior to recording. De~.A / Mortgage Instrument Deed / Morigage Tax Stamp I Recording / Filing Stamps 3 I FEES Page / Filing Fee ~.)~ ~ Handling 5. 00 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5. 00 NYS Surcharge 15. 00 Other Sub Total SubTotal Grand Total 4 I Dist./~ Real Property Tax Service Agency Verification '1000 10900 0100 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: t~, O. Box //7~/ ~auT-~/~-a/ .A'r~/ J/fi7/-0~ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkcou ntyny, gov/cle r k Mortgage Amt. U Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #__ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacm~t Land TD TD TD !; Title Company Information me .~s,-~wn.e~- 7-)r~ Suffolk County Recording & Endorsement Page This page forms part of the attached ~.qA.,qT' ~' ~I?/~zo,°,ql£.4ir /~/4.~7-3 /~,qSe7r~4o- made by: (SPECIFY TYPE OF INSTRUMENT) TO In the TOWN of 7~J ~r ~ht0z~ In the VILLAGE or HAMLET o1' _ BOXES 6 THRU 8 MUST BE TYI ED OR I RIN FED IN BLACK 1NK ONLY [ RIOB TD RECORDING OR FILING. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 13th day of December, 2006 at Southold, New York. The parties are GALLUCCIO ESTATE VINEYARDS, LLC?-1z~-I~x iZGS, Cutchogue, NY 11935 (herein collectively 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 42.1291 acres located in Cutchogue, in the Town of Southold, Suffolk County, New York, identified as part of SCTM# 1000-109-1-13 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by John C. Ehlers Land Surveyor dated November 30, 2006, and hereinaffer referred to as the "Property"; and WHEREAS, the Property is located in the AC and R-40 Zoning Districts of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as a vineyard; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Raster 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 resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any 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 Two Million Eight Hundred Sixty- Four Thousand Seven Hundred Seventy-Eight Dollars and 80/100 Dollars ($2,864,778.80) 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 HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the 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 Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic and agricultural values of the Property 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 environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Tnternal 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. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated April 7, 2006 last revised November 30, 2006 prepared .lohn C. Ehlers Land Surveyor, and a Phase I Environmental Site Assessment dated December 1, 2006 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.O1 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 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 presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agricultural 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, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 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, or fencing used in connection with bona fide 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; Mininq 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 or 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 soft management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law except as provided herein. The Property may be subdivided, provided that no lot shall be less than :~0 acres in size, and subject to approval from the Land Preservation Committee and subject to such other and further approvals as may be required by the Town Code. in addition, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Grantee. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, shall be prohibited. For the purposes of this section, agricultural production, as defined in Chapter 70 of the Town Code, shall not be considered a commercial use. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or polldtion 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 U.S. Department of Agriculture's National Resource Conservation Service. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.:10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that 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 Subject to the provisions of ART]CLE 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, State, or federal law. 4.04 LandscapinQ 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 Aqricultural 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 IVlunicipal Law and/or defined in Chapter 70 of the Town Code, and as defined in Section 1.02. 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, and are necessary for or accessory to agricultural production: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property, including irrigation equipment and associated facilities; (~) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production, but provided that no wine producing structure may be constructed; (iii) Renovation, maintenance and repairs of structures built or permitted pursuant to this Section 4.06. (iv) Dirt drive, used solely for access to the Property and agricultural structures on it, which drive may be surfaced with stone or crushed gravel; the dirt drive shall not be used for any Prohibited Uses as defined in Section 3.07. (v) Existing maintenance/storage building and shed, all to be used in connection with 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. 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 Tmprovements: ][n 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 review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as provided in Section 4.06 herein requiring permit or approval and shall file all necessary applications for approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE G P~qNTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount and actually adjudicated arising from injury due to the physical maintenance or condition of the Property caused by such person's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Part,/Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount and actually adjudicated, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Nlaintenance Requirement Intentionally deleted. ARTICLE SIX G PJ~NTE E'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Riohts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 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. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within :~5 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Hailed 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. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SiX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinauishment/Condemnation If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN H]SCELLANEOUS 7.0! Entire UnderstandinQ This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties ]o concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section :~70(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 retroactively in the same manner as if such amendment or amendments had been set forth herein. This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code and other applicable laws upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property, or to use images of the property for commercial gain. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq 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 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in ils construction. 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. ACKNOWLEDGED AND A~CC~j~z D: GALL]I~JC~lrO EST T/A'~/~I~E/Y/,A/RDS, LLC (Grantor) ~ncent Ga}(u/~cio for ~ E-Venture~Z'apital IVlanagement [nc. ACKNOWLEDGED AND ACCEPTED: TOWN OF ~OUT~LD (Grantee) BY: Scott A. Rus~;ell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this :13th day of December, in the year 2006 before me, the undersigned, personally appeared VTNCENT GALLUCCIO, 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 12 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by hFs/her/their signature(s) on the instrument, the Individual(s), or the person upon behalf of which the individual(s) acted, executed the Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS; On this 13th day of December, in the year 2006 before me, the undersigned, personally appeared SCO~- A. RUSSELL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), 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 Notary Public PATRICIA L. FALLON Notary Public S~i~ 0~'New York For use outside New York State: State, District of Columbia, Territory, Possession, or ) Foreign Country ) SS: On the day of in the year 2006 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 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(les), that be 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, and that such individual made such appearance before the undersigned in the (insert the city or other political subdivision and the state or count~ or other place the acknowledgment was taken.) C:~d)ocument* and Setting$~,Ann cXM y Doc uments~,Anne\Tow~ of Southold Deeds of Development Rights/GALLUC[O Grant of Development 13 Stewart Title Insurance Company Title No: ST-S-8086 Policy No.: 0-8831-388960 Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying m~d being in the Town of Southold, County of Suffolk and State of New York, know and designated as Lot No. 2 on a certain map entitled, "Map of Galluccio Vineyard" and filed in the Office of the Clerk of the County of Suffolk on December 12, 2006 as Map No. 11478; said lot being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road ( State Road 25) distant 1265 feet southwesterly from the comer formed by the intersection of the westerly side of Alvah's Lane and the northerly side of Main Road (State Road 25); RUNNING THENCE along said northerly side of Main Road (State Road 25) South 64 degrees 03 minutes 20 seconds West, 26.09 feet to a monument and land now or formerly of William H. Wickham; THENCE along said land the following sixteen (16) courses and distances: North 40 degrees 32 minutes 40 seconds West, 376.87 feet to a point; North 40 degrees 15 minutes 00 seconds West, 257.03 feet to a point; North 41 degrees 21 minutes 00 seconds West, 245.02 feet to a point; North 43 degrees 22 minutes I0 seconds West, 135.57 feet to a point; North 40 degrees 33 minutes 40 seconds West, 367.42 feet to a point; North 42 degrees 27 minutes 10 seconds West, 230.21 feet to a poiat; North 40 degrees 22 minutes 00 seconds West, 216.89 feet to a point; North 41 degrees 46 minutes 40 seconds West, 290.01 feet to a point; North 39 degrees 53 minutes 50 seconds West, 136.43 feet to a point; North 40 degrees 26 minutes 40 seconds West, 171.40 feet to a point; North 41 degrees 52 minutes 50 seconds West, 74.84 feet to a point; North 40 degrees 55 minutes 00 seconds West, 212.56 feet to a point; North 41 degrees 29 minutes 30 seconds West, 312.04 feet to a point; North 41 degrees 02 minutes 10 seconds West, 455.24 feet to a point; North 41 degrees 44 minutes 40 seconds West, 1,010.55 feet to a point; North 42 degrees 41 minutes 10 seconds West, 366.41 feet to a pipe and land no~v or formerly of Long Island Rail Road; THENCE along said land North 49 degrees 10 minutes 30 seconds East, 355.02 feet to land now or formerly of Hallock E. Tuthill; THENCE along said land South 43 degrees 09 minutes 20 seconds East, 459.16 feet to land now or formerly of Paulette Satur Mueller and Eberhard Mueller and County of Suffolk the following three (3) courses and distances: South 44 degrees 12 minutes 20 seconds East, 714.53 feet to a point; South 43 degrees 05 minutes 10 seconds East, 572.47 feet to a point; South 43 degrees 04 minutes 40 seconds East, 319.26 feet to a monument; THENCE along the southerly line of Map of Sophie Kaloski, Map No. 10398 the following three (3) courses and distances: South 44 degrees 40 minutes 00 seconds East, 506.92 feet; South 42 degrees 21 minutes 00 seconds East, 836.26 feet; South 43 degrees 02 minutes 40 seconds East, 824.24 feet to other lands now or formerly of Galluccio Estate Vineyards, LLC; THENCE along said other lands now or fom~erly of Galluccio Estates Vineyards, LLC the following five (5) courses and distances: South 45 degrees 57 minutes 53 seconds West, 413.17 feet; South 29 degrees 33 minutes 05 seconds East, 107.33 feet; South 40 degrees 10 minutes 24 seconds East, 484.06 feet; South 54 degrees 55 minutes 34 seconds West, 25.96 feet; South 29 degrees 08 minutes 00 seconds West, 26.78 feet to the northerly side of Main Road (State Road 25), the point or place of BEGINNING. TOGETHER WITI-I a Right of Way for ingress and egress over existing access roadway more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (State Road 25) distant 1205 feet, more or less, from the westerly side of Alvah's Lane with the northerly side of Main Road (State Road 25); RUNNING TI-IE~NCE through other lands now or formerly of Galluccio Estate Vineyards, LLC along an existing access roadway more particularly described as follows: South 64 degrees 00 minutes 14 seconds West along the northerly side of Main Road (State Road 25), 30.00 feet; North 25 degrees 59 minutes 46 seconds West, 32.14 feet; No~th 00 degrees 59 minutes 45 seconds East, 66.67 feet; North 33 degrees 48 minutes 43 seconds West, 130.90 feet; North 27 degrees 57 minutes 44 seconds West, 72.60 feet; North 68 degrees 49 minutes 27 seconds West, 55.74 feet; North 36 degrees 47 minutes 52 seconds West, 73.29 feet; North 61 degrees 43 minutes 59 seconds West, 68.24 feet to the southeasterly line of premises conveyed herein; TItENCE northeasterly along the southeasterly line of premises conveyed herein and across the existing access roadway fifteen (I5) feet, more or less, to the easterly side of said existing access roadway; THENCE southerly along said easterly side of said existing access roadway: South 61 degrees 43 minutes 59 seconds East, 86.34 feet; South 36 degrees 47 minutes 52 seconds East, 74.29 feet; South 68 degrees 49 minutes 27 seconds East, 55.02 feet; South 27 degrees 57 minutes 44 seconds East, 74.85 feet; South 33 degrees 48 minutes 43 seconds East, 138.01 feet; South 15 degrees 15 minutes 14 seconds East, 60.10 feet; South 25 degrees 59 minutes 46 seconds East, 24.07 feet to the northerly side of Main Road (State Road 25), the point or place of BEGINNING. T I T L E C Y ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance ComPany has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE® Countersigned by: Secretary EXCLUSIONS FROM COVERAGE The following malters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason 1. Ca) Any Iow, ordinance or governmental regulation (including but not bmited to building and zoning law~, ordinances, or regulations) restriding, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the charader, dimensions or location of any improvemenl now or hereafter ereded on the land; (iii) a separation in ownership or a change in the dimensions or oleo of the land or any parcel of which the land is or was a pad; or (iv) environmental protedion, or the effed of any violation of these lows, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a deled, lien or encumbrance resulting from a violation or alleged violation effeding the land has bean recorded in the public records at Date of Policy. Cb) Any governmental police power ant excluded by Ca) above, except to the extent that a notice of the exercise thereof er e notice of o defect, lien or encumbrance resulting from n violation or alleged violutien affeding the lead has been recorded in the public records et Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been mcolded in the public records at Date of Policy, bul not excluding from coverage any taking which has occurred prior to Date of Policy which would he binding on the rights of n purchaser for value without knowledge. 3. Defeds, liens, encumbrances, adverse claims or ether matters: Ce) created, suffered, assumed or agreed to by the insemd claimant; Cb) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimanl and Dot disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became aa insured under this policy; Cc) resulting in aa loss or damage to the insured claimanl; (d) oltoching or created subseguent to Date of Policy; es Ce) resulting in loss or damage which would eot have been sustained ifthe insured claimant had paid value for the estate or interest insured by this pobcy. 4. Any claim which a¢ises out of the tronsadion vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: Co) the trensedion creating tJ~e estate or interest insured by this policy being deemed a flaudulent conveyance or fraudulent transfer; or Cb) the transaction creating the estate or interest insured by this policy being deemed a preferential trnnsfer except whom the preferentiahronsfer reselts from the failure: (i) to timely record the instrument of transfer; or (ii) of such mcordnlion to impart notice to a purchaser for value or a judgment or lien creditor. 0-8831- 38898( NYO01 (101792) Phone: Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville New York 11747 (631) 501-9615 Fax: (631) 501-9623 Date: December 12, 2006 Title No: ST-S-8086 Melanie Doroski Town of Southold - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Borrower/Current Owner: Peconic Land Trust and Town of Southold Premises: 24385 Route 25 Cutchogue, New York 11935 Reference: Approx. ¥8 Acres - buying rights to 42 Acres In reference with the above captioned transaction, enclosed please find the following: Development Rights Title Policy NOTE: Any corrections or questions, please do not hesitate to call. POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE F-X~;EPTiONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE O~MPANY 'a New York corporation, herein ca led the Company, insures, as of Date of Policy shown in Schedule A ~gaid~i:!i~§~ildamage, not exceed ng the Amount of Insurance stated in Schedule A, sustained or incurred by the inS'~Jred by reasoned)f: ;. : 1. Title to the estate or interest described in Scheduie A ~ing ~,est~'d oth~r than as ~tated therein; 2. 'Any defect in or lien or encumbrance~n the title;" ?:: 3. Unmarketability of the Utle; 4. Lack of adght of access to and fmmlthe land. The Company will also pay the costs, attorneys' fees andlexpens~s incurred .in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations IN WITNESS WHEREOF, Stewart Title insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Sched~l~ A.:. i' · '..: Countersigned by;, STEWART TITLE® EXCLUStONS FROM COVEPd~GE ~ft~ followiDg manors ora expr~ly excluded from the ~m, aroge al Ibis poliw ~M Ihe ~mpoay will not pay Io~ m damage, cos~, oHeme~' ~ or ~en~ which mi~ hy rein 1. (o) Any law, ordin~n~ or govemmenM regulation (iMuding bul not limited fo building an~ ~ninO ta~, ordinance, or ~egutations) r~kling, regulating, prohibiffng or relating lo (0 the occupant, use, or eni~menf of lhe Ion~; (ii) the ch~reder, ~imen~ons m location of any imprm~t now er ~eafler e~ede~ an fha Ion~ (iii) g sectarian in ewne~[p or g ~enge in the dimen~ons m ama of the land m any parcel ~ which ~e land is or was o po~; or Or) en~ronmentol pfo~dion, ~ the effect of any violation ~ I~se ~a~ o~in~n~s o~ ge~mmenfof regu~fions, ex~¢ ~ ~e e~ent t~at o n~ke ~ Ihe en~rcementtheze~ or a notice ~ a def~C lien m en~mbrance r~n9 lmm a ~ololion or alleged ~olation a~edJflg ~e land h~ be~ fe~[ded in ~e public roue[ds at Date oF Pol[~. (b) A,y go~rn~n~l police p~r not exdud~ b~ (a) a~, ~cept Io the ~ lb~ a notice of the exerdse ~eeo¢ or ~ notice oE ~ deFed, lien or encumbrance ~esulting flora o ~oiation or alleg~ v~l~lion affeding the bnd has ~n record~ ~n the punk ~e~ at De~ o~ PoJi~. 2. R~gh~em~nentd~ma~nun~n~f~eexerd~e~e~F~sbee~re~de~i~th~pub~krec~rdsat~a~e~P~ky~tn~texdu~ng~m~ve~geany~kin~tichh~ oc~e~ p~ ~ Dote of Poli~ ~kh w~ld be binSing on the rights of a pu~haser for value without ~nowleCge. 3. De~, ~ens, encumbrance, adve~ claims ef o~heT maters: (o) c~fed, suffe~,assumedoragre~bytheinsuredcloimanr; ~) not k~own ~ the Company, hal recorded in ~e public mco~ds a~ Da~ of Policy, but ~o~ to the insured cMmant and not disclosed in writing ~ fha ~mpany by the insured claimant p¢~T lo lhe da~ the insm~ delmanl became an insmed under Ibis polt~ (c) m~lring in ~ loss or damage to the i~red claimant; (d) aUaching or cleated subs~uentlo Dote al Peji~; or (e) resu~ngin~rdam~ewhkhw~u~dn~h~veb~su~ed~he~ur~cMm~n~h~paid~uef~rthees~e~dnreresHn~u~by~sp~. 4. Any claim whT~ aris~ out of lhe ~n~dion ~ting in Ihe Insured lhe esMe o~ inlere~ insur~ by Ibis pofic~, by ~easo~ al the ~emtion of fedmal ban~¢cy, slo~ insolvent, o~ similar oedilom' dghts la~, lhat is b~ o~: (a) the tmns~dion creating ~ e~a~e ~ interest insured by this polky being d~m~ o fraudulent con~an~ or ffauduJ~t transfer; er (b) ~he~ra~di~n~re~in~e~afeminrem~ns~e~y~h~s~r~be~gdeemedapre~emn~M~n~rexce~twhere~e~eferentia~an~esu~s~m~hefa~u~e: (i) ~ tTme~ [e~rd the instrument ~lmnsfer; or (iT) ofsuchie~rda~n~impmtnoti~loapurchose~[orvo[uema~udgmeatmlien~i~[. 0-8831- 3889G ALTA OWNER'S POLICY SCHEDULE A Title No.: ST-S-8086 Policy No.: O-8831-388961 DateofPolicy: December 13, 2006 Amount of Insurance: $2,864,778.80 1. Name of InsUred: Town of Southold County: Suffolk 2. The estate or interest in the land described herein and which is covered by this policy is: Development Rights 3. Title to the estate or interest in the land is vested in: Deed of Development Rights made by Galluccio Estate Vineyards, LLC to Town of Southold, dated 12/13/2006 and to be duly recorded in the Office of the Clerk of the Comity of Suffolk. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 109.00 Block: 01.00 Lot: p/o, 013.000 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company Title No: ST-S-8086 Policy No.: O-8831-388961 Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, know and designated as Lot No. 2 on a certain map entitled, "Map of Galluccio Vineyard" and filed in the Office of the Clerk of the County of Suffolk on December 12, 2006 as Map No. 11478; said lot being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road ( State Road 25) distant 1265 feet southwesterly from the corner formed by the intersection of the westerly side of Alvah's Lane and the northerly side of Main Road (State Road 25); RUNNING THENCE along said northerly side of Main Road (State Road 25) South 64 degrees 03 minutes 20 seconds West, 26.09 feet to a monument and land now or formerly of William H. Wickham; THENCE along said land the following sixteen (16) courses and distances: North 40 degrees 32 minutes 40 seconds West, 376.87 feet to a point; North 40 degrees 15 minutes 00 seconds West, 257.03 feet to a point; North 41 degrees 21 minutes 00 seconds West, 245.02 feet to a point; North 43 degrees 22 minutes 10 seconds West, 135.57 feet to a point; North 40 degrees 33 minutes 40 seconds West, 367.42 feet to a point; North 42 degrees 27 minutes I0 seconds West, 230.21 feet to a point; North 40 degrees 22 minutes 00 seconds West, 216.89 feet to a point; North 41 degrees 46 minutes 40 seconds West, 290.01 feet to a point; North 39 degrees 53 minutes 50 seconds West, 136.43 feet to a point; North 40 degrees 26 minutes 40 seconds West, 171.40 feet to a point; North 41 degrees 52 minutes 50 seconds West, 74.84 feet to a point; North 40 degrees 55 minutes 00 seconds West, 212.56 feet to a point; North 41 degrees 29 minutes 30 seconds West, 312.04 feet to a point; North 41 degrees 02 minutes 10 seconds West, 455.24 feet to a point; North 41 degrees 44 minutes 40 seconds West, 1,010.55 feet to a point; North 42 degrees 41 minutes 10 seconds West, 366.41 feet to a pipe and land now or formeriy of Long Island Rail Road; THENCE along said land North 49 degrees 10 minutes 30 seconds East, 355.02 feet to land now or formerly of Hallock E. Tuthill; THENCE along said land South 43 degrees 09 minutes 20 seconds East, 459.16 feet to land now or formerly of Paulette Satur Mueller and Eberhard Mueller and County of Suffolk the following three (3) courses and distances: South 44 degrees 12 minutes 20 seconds East, 714.53 feet to a point; South 43 degrees 05 minutes 10 s~conds East, 572.47 feet to a point; South 43 degrees 04 minutes 40 s6conds East, 319.26 feet to a monument; THENCE along the southerly line of Map of Sophie Kaloski, Map No. 10398 the following three (3) courses and distances: South 44 degrees 40 minutes 00 seconds East, 506.92 feet; South 42 degrees 21 minutes 00 seconds East, 836.26 feet; South 43 degrees 02 minutes 40 seconds East, 824.24 feet to other lands now or formerly of Galluccio Estate Vineyards, LLC; THENCE along said other lands now or formerly of Galluccio Estates Vineyards, LLC the following five (5) courses and distances: South 45 degrees 57 minutes 53 seconds West, 413.17 feet; South 29 degrees 33 minutes 05 seconds East, 107.33 feet; South 40 degrees 10 minutes 24 seconds East, 484.06 feet; South 54 degrees 55 minutes 34 seconds West, 25.96 feet; South 29 degrees 08 minutes 00 seconds West, 26.78 feet to the northerly side of Main Road (State Road 25), the point or place of BEGINNING. TOGETHER WITH a Right of Way for ingress and egress over existing access roadway more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (State Road 25) distant 1205 feet, more or less, from the westerly side of Alvah's Lane with the northerly side of Main Road (State Road 25); RUNNING THENCE through other lands now or formerly of Galluccio Estate Vineyards, LLC along an existing access roa~tway more particularly described as follows: South 64 degrees 00 minutes 14 seconds West along the northerly side of Main Road (State Road 25), 30.00 feet; North 25 degrees 59 minutes 46 seconds West, 32.14 feet; North 00 degrees 59 minutes 45 seconds East, 66.67 feet; North 33 degrees 48 minutes 43 seconds West, 130.90 feet; North 27 degrees 57 minutes 44 seconds West, 72.60 feet; North 68 degrees 49 minutes 27 seconds West, 55.74 feet; North 36 degrees 47 minutes 52 seconds West, 73.29 feet; North 61 degrees 43 minutes 59 seconds West, 68.24 feet to the southeasterly line of premises conveyed herein; THENCE northeasterly along the southeasterly line of premises conveyed herein m~d across the existing access roadway fifteen (15) feet, more or less, to the easterly side of said existing access roadway; THENCE southerly along said easterly side of said existing access roadway: South 61 degrees 43 minutes 59 seconds East, 86.34 feet; South 36 degrees 47 minutes 52 seconds East, 74.29 feet; South 68 degrees 49 minutes 27 seconds East, 55.02 feet; South 27 degrees 57 minutes 44 seconds East, 74.85 feet; South 33 degrees 48 minutes 43 seconds East, 138.01 feet; South 15 degrees 15 minutes 14 seconds East, 60.10 feet; South 25 degrees 59 minutes 46 seconds East, 24.07 feet to the northerly side of Main Road (State Road 25), the point or place of BEGINNING. ALTA OWNER'S POLICY SCHEDULE B Title No.: ST-S-8086 Policy No O-8831-388961 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Declaration of Covenants and Restrictions recorded in Liber 10758 Page 421. 2. 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. Survey by John C. Ehlers Land Surveyor, dated 11/30/2006, shows premises improved by a one-stoW metal building with front and rear concrete aprons; three (3) detached sheds; vineyard and access roads located; wooded areas located; existing access road to Main Road located and set forth in Schedule A herein. 4. Company excepts possible rights of others than the insured in, to and over the farm roads shown on survey herein, but policy will insure use for Open Space Preservation will not be disturbed 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: ST-S-8086 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHJgD TO AND MADE A PART OF POLICY NUMBER O-8831-388961 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on December 13, 2006 Stewart Title Insurance Company Signed by: Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART INSURANCE TITLE COMPANY STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE W1FH,AITA OWNER'S POLICY (I0/17/92) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following trams when used in this policy mean: Ce) "insured": the insured named in Schedule A, and, subied to any rights or defenses Offie Company would have hod against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished ftom purchase including, but not limited to, heirs, dJstribatees, devisees, samivom, personal representogves, next of kin, or corporate or fiduciary SeCCeSSeTS. Ch) "insured claimant": an insured claiming loss or damage. Cc) "knowledge" or 'known'~: actual knowledge, not constructive knowledge or notice which may be imputed to on insmed by reason of the public records ns defined in this policy or uny olher recmds which impart constructive notice of mutrem affecting the land. Cd) "land": the land described or referred to in Schedule A, end improvements affixed thereto which by law constitute reef property. The term "land" does not include any property beyond the lines of the oma described ar referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, reads, avenues, alleys, lanes, ways or wuterways, but nothing herein shall modify or limit the extent to which n right of access to and from the lurid is inaured by lhis policy. Ce) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. If) 'public records": records estnblished under state statutes et Date of Polio, for the purpose of imparting constructive notice of matters relating to real piope~ to purchasers for value and without knowledge. With respect to Secton l(a)(iv) of the Exclusions From Coverage, "public records" shall also include envimnmental protection liens filed in the records of ltle clerk of the United States distrid court for the distrid in which the land is located. (g) "unmarketability of the title": an alleged or apparent mutter affectng the title to the land, nol excluded or excepted from coverage, which would entitle a pu[chuser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Peficy in favor of on insured onfy so long us the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money modgage given by a purchaser from the insured, or only so long us the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser ftom the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by o purchase money modgage given to the insured. 3. NOTICE OF CLAIM TO BE $1VEN BY INSURED CIAI~. The insured shall notify the Company promptly in writing (i) in case of any litigation as set fodh in Secton 4Ca) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, ns insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estute or interest, as insured, is rejeded os unmarketable. If prompt notice shall not he given to the Company, then es Io the insured oil liability of the Company shall terminate with regard to the matter or metiers for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure end then only to the extent of the prejudice. 4. DEFENSE AND PROSEQJTION OF ACTIONS; DIJTY OF INSURED CLAIMANT TO COOPERATE. Ca) Upon written request hy the insured and subject to the options contuioed in Section 6 of these Conditions and Slipulations, the Company, at its own cost and without unreasonnble delay, shall provide for the defense of an insured in litigation in which nny third party asserts a claim adverse tu the title or interest as insured, but only as to those stated causes of action alleging n defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the iight to soled counsel of its own choice (subject to the right of the insured to ohjed for reasenahle cause) to represent the insured as to those stated causes of action and shall not he liable fur and will not pay the fees of any other counsel. The Company wdl not guy uny fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. Cb) The Company shag have the right, at its own cost, to institute and prosecute any actioe or proceeding or to do gay other act which in its opinion may he necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take uny appropriate action under the terms ef this policy, whelhm m not il shall he liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company sh'" qxercise it rights under this paragraph, ]1 shall do so diligently Cc) Whenever the Company shall have brought an adion or interposed u defense as ~equired o~ permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdidJon and expressly reserves the right, ia its sole discretion, to appeal (TOm any adverse judgment or order. Cd) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, end all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, pmsecutJng or defending the action or proceeding, er affecting seltlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable lo establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured tu furnish the required cooperation, the Compaoy's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecnte, or continue any litigation, with regard to the matter m molters requiring such cnopmaJiom 5. PROOF OF LOSS OR O~/~AGE. In addition to and after the notices required under SedJon 3 of these Conditions end Stipulations have been provided the Company, a proof of loss or damage signed and sworn tn hy the insured claimant shall be furnished to the Company within 90 days after the insured clnimanl shall ascertain lhe facts giving rise tn the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encnmbrance on the title, or other mater insured against by Iflis policy whkh constitutes the basis nj Joss or damage end shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured undm the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard tn the matim or matters requiring such proof af Joss ar damage. In addition, the insured claimant may reasonably be reguired to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such masonable times and places as may he designated by any authorized representative of the Company, all records, hooks, ledgers, checks, correspondence and memoranda, whether hearing a date before or after Date ef Policy, which reasonably pertain to the loss or damage. Fmther, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, insped and copy records, books, ledgers, checks, correspondence and memoranda in the custody or central of a third party, which reasonably pertain to the loss or damage. All information designated m confidential by the insured claimant provided tn the Company pursuant to this Sedion shell not he disclosed to others unless, in the reasonable judgment of the Company, it is necessah in the administration of the claim. Failure of the insured claimant to submit for examinatioT under oath, produce ether reasonably requested information OT grant permission Io securr reasonably necessary information from third parties as required in this paragraph shol terminate any liability uf lhe Company under this policy ns to lhnt claim. 6. OPTIONS TO PAY OR OTHERWISE SEITL[ CLAIMS; TE~INATION OF LIABILII'L In case of a claim under this policy, the Compnny shall have the following additiona options: a) To Pay or Tender Payment of h'~e Amount of Insurance. To pay or lender payment of the amount of nsmance under this policy together with an, co~, attorneys' fees and expenses interred hy the insured claimant, which were authmJzm by the Compnuy, up to the time of payment or tender of puymeot and which the Company i obligated to pay. Upon the exercise by lhe Company of this option, all liability and obligations to th, insured under this policy, other than to make the payment required, shall terminate including any habihty or obligation to defend, prosecute, al continue any litigation, and th policy shall he surrendered to the Company for cuncellatinm Ch) To P~y or OthervAse Sallie With Pa~es Olher than the insured or Wil~ Insured Claimaot. (i) to pay m otherwise seffie with other pmties for or in the name of an insure claimant any claim insured against under this policy, tugethm with any costs, attorney' fee and expenses incurred by the insured claimant which were authorized by the Company up t the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damag provided for under this policy, togather with any costs, al~mneys' fees and expenses incurra by the insured claimant whi~ wale authorized by the Company up to the time of poymm and which the Company is~ ~ad to pay (continued and concluded on lest page of this policy) IJUNUI I IUNJ~ ANU ~IIPULAIIUN~ ~;ontinuell (continued and concluded from reverse side of Policy Face) Upon the exercise by the Company of either of the o~ provided for in paregrnpha (b)(i) or (ii), the Company's obligations to the insured under this policy fir lhe claimed loss or damage, other than the payments required to be mede, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETE~INATION, EXTENT OIC LIABIUIY AND COINSURANCE. This policy is a ceetmd of indemnity against octeel monetary loss or damage sustained or incurred by the insured claimant who bus sufrered loss or damage by reason of matters insured against by this policy and only Io the extent herein described. Co) The liability of the Company under this policy shell not exceed the leest of: (i) the Amount of Insurance slated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subiect to the defect, lien or encumbrance insured against by this policy. Cb) In the event the Amount of Insurance stated in Schedule A al the Date of Policy is Jess than 80 percent of the value of the insured estate or interest or the fill consideration paid for the estate or interest, whichever is less, or if subsequent to the gate of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where ee subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro mm.in the proportion that the amount of insurance at Date of Policy beers to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pm rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attomeVs' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Cc) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and o loss is established afredieg one or more of the parcels but not all, the loss shall be computed and settled on o pro rata basis as if the omeenl of insurance under this policy was divided pro rata cs lo the value on Dote of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has othepwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement o~ by an endorsement attached to this policy. 9. LIMITATION OF UABIU'ff. Ca) If the Company esloblJsbes the title, or removes the alleged deled, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have felly performed its obligations with resped lo that matter and shall not be liable for any loss or damage caused thereby. Cb) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shod hove aa liability fir loss er damage until there has been a final determieetioo by a court of competent jurisdidion, end disposition cf all appeals therefrom, adverse to the title os insured. Cc) lhe Company shall not be Dable for loss ec damage to any insured fir liability voluntarily assumed by the insured in seMIJng any claim or suit without the prior written consent of the Company. 10. REDUCEION OF INSURANCE; REDUCTION OR TERMINATION OF UABILIff. All payments under this poJky, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro lento. 11. LIABIU'ff NONCUMUU, TIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is token in Schedule D or to which the insured has agreed, assumed, or laken ecl or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount se paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. Ca) No payment shall be mode without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, Jn which case proof of loss or destruction sharl be furnished to the satisfaction of the Company Cb) When liability o~ e extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafrer. 13. SUBROGATION UPON PAYMENT OR SEITLEMENT. Ca) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right oJ subrogation shall vest in the Company unaffeded by any ad' of the Jeeored claimant. The Company shall be submgated to aud be entitled to all rights end remedies which the insured claimant would have had against any person or properly in rasped to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfii to the Company all rights and remedies against any person or properly necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to gse the name of the insured claimant Ju any tmnsactiee or litigation involving these rights or remedies. If a payment ee account of a claim does cot fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any ad' ef the insured claimant, as stated above, that ad' shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right at subrogation. Cb) The Comport'is Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured te indemnities, guaranties, other policies of insumoce or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this poky. 14. ARBITRATION Unless prohibited by applicable Iow, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration AsseciatJom Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company Jn connection with its issuance or the breech of a policy provision or other obligation. All arbtimble mutters, when the Amount of Insurance is S1,000,000 or less shall be arbitrated at the option ef either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effed on the date the demand for arbitration is made or, at the option of the insured, the Rules in erred at Dote of Policy shall be binding upon the petites. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees taa prevailing pody. Judgment upon the award rendered by the Athitmtor(s) may be entered in any court having julJsdidion thereof. The law of the situs of the land shall apply 1o on arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained fram the Company upon request. 15. UABILrlY LIMITED TO THIS POLICY; POUCY ENTIRE CONTRACT. Ca) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy cod centred between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. Cb) Any claim of loss or damage, whether or not based on negligencu, and wflich arises eel of the status of the title to the estate or interest covered hereby or by any adion usseding such claim, shall be restrided ta this policy. Cc) No amendment of or endorsement to this policy can be mode except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, er validating officer or authorized signatory of the Company. 16. SEVERABIU'ff. In the event any provision cf the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and oil other provisions shall remain in fill force nod effed. 17. NOTICES, WHERE SENT. All notices required to be given the Company and nay statement in writing required to be furnished the Company shaft include the number af this policy and shall be addressed to the Company at 300 East 42nd Street, New York, New York 10017. STEWART TITLE® STEWART TITLE® POLICY: INSURANCE STEWART TITLE® 300 East 42nd Street New York 10017 STEWART TITLE® TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York 10017 STEWART TITLE® POUCY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street N Y S K T S A V E R STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS I Winners Circle Albany, New York 12235 Division of Agricultural Protection and ~p~nt Se~s 528~57-7076 ~ 5~8~5~27~6 September 18, 2007 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver - Town of Southold - Suffolk County - Purchase of Development Rights Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by Vincent Galluccio for approximately 42.1291 acres of active farmland located at Suffolk County Tax Map No. 1000-109-1-p/o 13, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. RS:lad cc: File: Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit David Behm, Farmland Prot. Unit, NYSDAM Ken Schmitt, Chair, Suffolk County AFPB AP07/069-W 8EP 21 2007 DEPT OF LAND PRES£RVAI'ION WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ~Z./2-R!acres of active farmland and/or -- acres of non-farmland, situated at Suffolk County Tax Map No. 1000-109-1-p/o 13 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD SC(~TT A. RUSSELL, SUpervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner CT~LLUCCI~'~INEYARDS, LLC L/p~l. (~.CBEoN~126KgL L U CC I O f' ,.._ Cutchogue, NY 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 13th day of December, 2006, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF NEW YORK ) COUNTY OFSUFFOLK ) )SS: PATRICIA L. FALLON Notary Public, Stat3 Of New `cork No. 01FA4950146 cQUalilfie~l In Suflolk County ommlsslon Expires April 24, ~--~ On the 13th day of December, 2006, before me personally appeared VINCENT GALLUCCIO, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, Stat'~ Of New'Cork No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, c~-,I¢~'~ N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation Division of Lands & Forests lureau of Real Property, 5t" Floor Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · FAX: (518) 402-9028 Website: www.dec.state.ny.us Melissa Spiro Department of Land Preservation Town of Southold P.O. Box I179 Southold, NY 11971-0959 April 6, 2007 '~:' 'i' APR 9 ~.,,.,7'='"' iI-: /~ Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 443 Grantor: Galluccio Estate Vineyards, LLC Liber: D12484 Page: 92l 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 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD April 2, 2007 NYSDEC Bureau of RealProperty 625 Broadway, 5m Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry GALLUCCIO ESTATE VINEYARDS~ 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: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Galluccio Estate Vineyards, LLC Town of Southold December 27, 2006 D00012484 921 24385 Main Rd (Rt 25), Cutchogue, NY 42.1291 acres 1000-109.00-01.00-013.002 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 cc: Galluccio Estate Vineyards, LLC - P.O. Box 1269, Cutchogue, NY 11935 w/o enc. S T E W A R D S H I P GALLUCCIO ESTATES VINEYARD, LLC to TOWN OF SOUTHOLD Part of SCTM #1000-109-1-13 42.1291 acres development rights easement Location: 24386 Main Road, Cutchogue Closing held on Wednesday, December 13, 2006 Department of Land Preservation (from left to right) Supervisor Scoff A. Russell Vincent Galluccio MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town,southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer ef Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTIqOLD To: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Melissa Spire, Land Preservation Coordinator Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy December 13, 2006 GALLUCClO ESTATE VINEYARDS, LLC to TOWN OF SOUTHOLD plo SCTM #1000-t09-1-13 Development Rights Easement- 42.1291 acres Please be advised that the Town Iras acquired a development rights easemerrt on the agricultural land listed below. If you would like additional information regarding the purchase, [)lease fee/free to contact me LOCATION: 24385 Main Road, Cutchogue PROPERTY OWNER: Galluccio Estate Vineyards, LLC PURCHASE DATE: Wednesday, December 13, 2006 PURCHASE PRICE: $2,864,778.80 (based on 421291 acres @ S68.000/buildable acre) TOTAL PARCEL ACREAGE: 48.3487 acres EASEMENT ACREAGE: 42.1291 acres ZONING: A-C and R-40 FUNDING: Community Preservation Funds (2% land bank) MISCELLANEOUS: This property is listed on the Town's Community Preservation Project Plan. Prior to the development rights easement acquisition, the landowner obtained Planning Board approval for a Iot line change resulting in Lot #1 (6.2196 acres building area) being merged with an adjacent parcel identified as SCTM ¢¢1000-109-1-24.4 on whic[r the development rights were previously sold to tho Town of Southold. The Town purchased tile development rights easement on the entire resulting 42.1291 acre parcel P R O P E R T Y R E C O R D S Peconic Land Trust, Incorporated 296 Hampton Road, PO Box 1776 Southampton NY 11969 May 7, 2013 BY CERTIFIED MAIL - RETURN RECEIPTREQUESTED Town of Southold 53095 Main Road PO Box 1179 Southold NY 11971 Att: Supervisor and Town Attorney Re: Grant of Development Rights Easement (the "Easement") Property: 24385 Main Road, Town of 8outhold NY SCTM# 1000-109.00 -01.00-013.002 Ladies and Gentlemen: Pursuant to Section 4.08 of the Easement, this is to notify you that Peconic Land Trust has conveyed title to the above Property to Walker/McCall, LLC, 6972 SE Lakeview Terrace, Stuart, FL 34996-1920 on May 7, 2013. The individual principals of Walker/McCall, LLC are: Russell C. McCall, 6972 SE Lakeview Terrace, Stuart, FL 34996-1920, and Russell C. McCall, Jr., 461 Hoffinan Avenue, San Francisco, CA 94I 15 Peconic Land Trust, Incorporated President OEP[ OF LAND PRESERVATION ~ ..¥ File View Toolbar Help Double click to open a window ! Start Inbox - Mici'o$o¢~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE · Chair KENNETH LEDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 December 12, 2006 Ms. Syma Gerard 496 Main Street P.O. Box 214 Eastport, NY 11941 DEC 1 4 2006, ,' DEm'. OF LANO PRESEIWATION .... Re: Lot Line Change for the property of Galluccio Estates Vineyard, LLC Located on the n/s/o NYS Route 25, 850 feet w/o AIvahs Lane in Cutchogue SCTM#1000-109-1-13 & 24.4 Zoning Districts: A-C Dear Ms. Gerard: The Southold Town Planning Board, at a meeting held on Monday, December 11,2006, adopted the following resolution: WHEREAS, this proposal is for a lot line change that will merge the existing winery and 6.2196 acres of building area on Lot 2 (1000-1-109-1-13) with Lo'~ 1 (1000-109-1-24.4), where, following the lot line change, Lot 1 will be 40.4084 acres upon which the Development Rights have been sold on 34.1888 acres, and Lot 2 will be 42.1291 acres upon which the Development Rights are proposed to be sold to the Town of Southold.; and WHEREAS, an application for a re-subdivision (lot line change) was submitted to the Planning Board on October 25, 2006 and includes the survey prepared by John C. Ehlers, L.S. dated April 7, 2006; and WHEREAS, on December 11, 2006, the applicant submitted eight (8) paper prints and five (5) mylars of the final map prepared by John C. Ehlers, L.S. dated April 7, 2006, each containing an exemption stamp from the Suffolk County Department of Health Services; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map prepared by John C. Ehlers, L.S. dated April 7, 2006, and authorize the Chairperson to endorse the maps. Galluccio Estates Vineyard Page Two December 12, 2006 Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. Very truly yours, house Chairperson enc. CC: Melissa Spiro, Land Preservation Coordinator (with map) Building Department (with map) Tax Assessors (with map) A E R I A L S 1801752.5 1~80 J = 833' INQUIRY #: 1801752.5 YEAR: 1969 ~ II- I = 833' 1938 Aerial Photograph 2 0 0 6 P H O T O S #1 - facing northwesterly from westerly side of frame vineyard building #2 - from westerly corner of deck of frame vineyard building facing northerly #3 - view from sidewalk between frame vineyard building and frame barn facing n/w, looking at easement area. view from sidewalk between frame vineyard bldg & frame barn facing westerly, looking at easement area. #5 - view from w/s of framed vineyard building deck facing w/s/w towards framed barn. 2 floor n/w window of office in frame barn facing w/n/w along farm road near westerly boundary #6 - view from ~ line #7 - view from 2~ floor n/w window of office in frame barn facing northwesterly direction over easement area. #8 - view from n/w 2® floor window in office of frame barn, facing in a northwesterly direction, overlooking planted grape vines within easement area #9 - view of metal building located along westerly boundary line facing in a southeasterly direction. #10 - View along westedy farm road facing in a nodhwestedy direction. #11 - wood chip pile #12 ~ View of ravine located within wooded area atong westedy boundary line within easement area. #13 ~ View of ravine/wooded area along westerly boundary line within easement area. #14 - Overview of easement area in lot #1 facing northwesterly direction from farm road N43°02'40"W 8g~.23' .......... Y .......................... iiiii ........... 230.21-..-.....N40 33 40 W 367.42' N43°22' 10"W - 135.57' N41°21 '00"W 245.02' ICO.W. OVER EXI~T1N~ AC.Q~,~ EOAI)WAY ~63.99' S43°00'20"E 352.17' LOT #1 &.21q~ AC, RE5 BUILDIN® ARE N36°23'00"W " N40o15,00,,W ~rr S40°10'24"E 484.06' $29 08'00"E 26.Z 257.03' N40o32,40,,W 376.87' "1 HEP~B¥ G~I~TII~f THAT 13415 HAt= !~IAD MADE BY UD ~H ~AL ~D ~N AG~A~ ~XlST ~ T~I~ p~ITI~ ~ ~ A~ ~ OIH~IO~L A~ ~TIG DETAIB h~ ~T. dOHN (,. ~q~-~ N 1' P.L ~ Lid, # 50202 l~evislons,: 11-06-2006 12-01-200E~, 12 -O,~-,200E~ JOHN C. EHLERS LAND SUR 40.408,4 ACRES OVERALL ~ -. ,;-:,I i .' "-' 543888 ,rAORES SUBJECT TO DEVELOPMENT RIGHTS - TO~N OF SOUTHOLD, iqqq ~ / r~ U S41°~, 40.4084 ACRES OME~LL ~-. . ~E ,~ 506.92 ~ - ........ ~ ................. ::-~-~'~ .............. , AR ~,:ZZZZzzZzzzzzzZ- " - ......... __ 171.40' N~°22'00"W 216.89' N42o27~i6,~~v2~<LL.. ~40o33,e,,W S U B D V S I 0 N M A P ......... At~,ah's .............................. Lane ...... ~S44°42;2t'~, ....................... 1708.39' ............ --. . - -- SUE~E~IVISION GALLUCCIO VINEYARDS CUTCHO®UE TOP4N OF SOUTI-tOLD SUFFOLK COUNTY, NEIAI YORK HAPPED APRIL 7, 200(9 SUFFOLK C, OUHT'r' TAX HAP NUHE~ER I000- IOq- I - ID lO00 - IOq - I - 24.4 FIRE DISTRICT SCHOOL DISTRIC, T No. 2q No. q APPROVED BY PLANNING 8OAED __ TOWN OF $OUTHOLD · MONUMENT FOUND TOTAL AREA = 82.~:~5 Acres LOT #1 40.408~4 ACREs OVP-RALL ~4.1888 ACREs SUBJECT TO DEVELOPMENT RI®HTS - TOI~N OF 50UTHOLD, I~qq N42°21'O0"W , ~_-6': _iii: ......... .......... _ ....... ================================= = ' ' .......... S42°21 "O0,,E ........ , , mon rd.  ........ 836.26 .... ,,,,,, LOT #2 AREA OF E:'b-V'ELOPN/E!NT RIGHTS EASEMENT TO BE SOLD TO TO.~N OP SOUTHOLD u ~-~ ~ - '-~ INq, l 4'0 40 W 290 n~' 171.40 ~* 1N40o22,00,,- ..... ~-~--_-~;~3 W216.89 N42 27'10"W -230.21.,.-.......N40o33,40,,W 824.24' SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAU~P[~GE, ~JY DATE I'U O] in ths~. with a tomlof from requirements pumuant iD A~ic[e 6 ofti!~ SufBIk County Code fcr conventional slngle-fs~ily msidenua~ realty subdivision siac¢ each lot is gmatgr Ban 5.0 aces. However, water supply and sewage disposal facilities on each lot must confo~ to construction standards in effect at the time of construction and are subject ~pamte permi~ pumuan[ to those standards. OI~E~T0~,,DL~f. EN~I~0~ ~PH/C 5GALl O IOO 200 ~OO 367.42' S38°33'33"E N43°22' 10"W N41o21,00,W 135.57' 245.02' K.0.W. 0VEK E~51]NO ACCE55 KOAPWAY 271.50' Alvah's Lane S43o00,20,,E 352.17' . LOT #1 ~ 6.2/q6 ACRES BUILDIN® ARB,~,, ~-~ ~ 2 N40°lI5'00,,W 257.03' N40°32,40,,W 484.06' 829 08'00"E 376.87' Rcvlslona, 11-O8-2OO,~ 12-01-200~, 12-O5-2OO~ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 36~t-8287 REF-\\Compaqserver\prosX2000 pros~20-2311.pro I SHEET 2 OF 2 SUSOI¥1SION GALLUCCIO VINEYARDS OUTGHO®UE TOWN OF SOUTHOLD SUFFOLK COUNT'P, NEY, I YORK HAPPED APRIL ~', 2OO(~ SUFFOLK COUNTY TAX NAP NUMBER IOOO- IOq- I - ID IOOO - IOq - I - 24.4 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, NY DATE ..~__ sew~g6 dlspos~! facil]ies on esch lot ~ust conform to coestmdior~ ~tandards in effect ~ the ~me of constBction and ar~ s~bject tJ separate pe~i~ pursuant b those stanSards. , ,, MAP I"=SOO' DEC 14 2008 DEPT OF~ND PRESERVATION FIRE DISTRIC, T SCHOOL DISTRICT OALLU(~IO ~I'AT~ VINYARD~, L~C (~AI.~UCClO ~.~/'AT~ V~'YARD I, LLC 24385 ~ ROAD ...... ~O~U~ ~ YORK, 11935 No. 2q No. q S43°09'20"E 459.16' ...... / P£ANNING soARD / S44°12'20"E 714.53' ........ AlvaWs ..................................... Lane ............. --~ · ....................... $44~42 ¢A-E ......... ~ r ...................... ~708~.39'- ........ S43°05' 10"E 572.47' N40°03'31 "W 452.86' S43°04'40"E 319.26' ,, _ LOT #1 ~ "~ 'FO.4-O84 ACPME - TO~IN OF 50UTHOLD, Iqqq ENT N44°40'00"'W 506.92' lOlO.55, ____;_ ;-- ~ Not:es: ',% N41°52'50"W ~7~.40' W · b4ONUWiENT FOUNE) ®~a,PHIG ~GALE I"= IOO' ~m~om ~. ~0kh~m 74.84' O IOO 200 ~OO Revisions: I l-O8-2OOE~, 12-01-200(2, 12-0~-2006 ....... ' JOHN C. E~ERS L~D S~VEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF-\\Compaqsewer\pros~2000 prosk20-231J.pro [ SHEET I OF 2 S U R V E Y SURVEY OF PROPERTY SITUATE: CUTCHOGUE TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUFFOLK COUNTY TAX ~ IOOO - IOq - I - P/O ID TOWN OF SOU~-~OLD f~'I.~WA~.T 'ItH.tL~ INSL,'AANCii COb'~ANY FECONIC LAND TRUffI', IHCORPORA~ED FINAL SURVEY S43 °09'20"E 459.16' ,, 366..4. I~ - ............... Af~EA OF IPEVELOPNIIEHT i~.lehTS EASEMENT TO DE 5OLD TO TO!NN OF 5OOTHOLO. AREA = 1~5,146 S. P. OR 42.12q2 Acros S44°12'20,,E 714.53' 1010.55, R.O.W. OVER EXISTINO ACCESS g0AI)WAY S43°05'10.E N41~ 572.47' IO"w ....... _- S43 °04'40"E 319.26' ~ ...... ~ _44o40,00,,E N4~0__, N40°26'40,,W ~ ~2 50'W 171.40, 74.84' N40 171.40' ERAPHZC SCALE 1"-100 ' 0 100 200 300 HINoR 5u~ LOT #2 r~DIVISIoN FOR THE ESTATE OF 50PHIE KALosf,<I FILED FEB 16, 2000 AS FILE ~ tOUR8 . TO~N O~ ................ ~4~l ~TH°LO DE~LopHENT ~I~HTs 843°02,40,E 824.24' 290.01' A~EA OF DE 42.1292 Acres 0°33'40"W 367.42' N43M2' 10"W 135,57' N41°21'~"W ~5.02' S40o10,24.E ~, 484.06, N40°15'00"W 257.03, 829 08'80'~ N40o32, 40,,W 26.78 376.87, C. EHLERS LAND SURVEYOR N.Y.S. MC. NO. 50202 6 EASTMAINSTR~,~T RIVERHEAD, N.Y. 11901 369-8288 Fax369-8287 \\Compaqserver\pms~2000pros~20-231CLOSINGMAP.prc A E R I A L M A P