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Paradise Point Holding Corp
SOUTHOLD TOWN BOARD PUBLIC HEARING May 6, 2008 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman William Ruland Councilman Vincent Orlando COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ May 6~ 2008~ at 4:35 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the properties owned by Paradise Point Holding Corp. and VJ Development Corp. Said properties are identified, respectively, as SCTM #1000-8 l-2-5 and SCTM # 1000- 79-8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both pamels are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one parcel being located along the westerly side of Paradise Point Road, the other parcel being located along the southerly side of North Bayview Road. The proposed acquisition is for the Tou~a to acquire fee title to the entire 21.9074- acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey. The purchase price for the combined lots equaling 21.9074- acres is $2,604,000 (two million six hundred tbur thousand dollars) and the purchase will be funded by the Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved tbr purposes of open space and wetlands protection. Proposed uses of the property may include the cstablislunent ora nature preserve or as a passive recreational area with trails and limited parking for access purposes. As per Chapter 117.5 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be availablc tbr transfer from these parcels upon the Town's purchase of these properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town Paradise Point Purchase Public Hearing 2 May 6, 2008 TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that this has appeared as a legal in the local newspaper, namely the Suf/blk Times, I have a notice that it has appeared on the Town Clerk's bulletin board outside them. And a memo from Mark Terry, the LWRP coordinator dated May 5. 'The proposed acquisition is fbr the Town to acquire fee title to the entire 21.9 acres of these lots for open space purposes. Based upon the information provided on the LWRP consistency assessment forms submitted to the department, as well as records available to me, it is my recommendation that the proposed action is consistent with the policy standards and theretbre is consistent with the LWRP.' And I believe that those are the only notices and information in the file. COUNCILMAN ORLANDO: Mr. Supervisor, before you get started. Like I stated, I have a financial interest in this property, so I am going to recuse myself from this public hearing and remove myself from the dais. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? John Sepenoski. JOHN SEPENOSKI: John Sepenoski, Chair of the Land Preservation Committee. There are a few things I would like to point out on this project. Tom hit most of the details in the resolution but there are a few other things I would like to point out and reiterate to everyone. The 21 acres we will be preserving here are made up of two separate tax parcels. One is the 19 acre parcel that had been moving through out subdivision process for a five lot subdivision known as 'fall Pines. The other is an existing two acre building lot that is adjacent to that property. This project will be preserving 100% of both parcels with no new building lots created at all. 1 believe most people already know about the environmental significance of this property since it was going through our planning process. So I am not going to recap that here but I do want to point out one thing, although the Town, County, State ali have substantial open space holdings in town, none of them are similar to this property. That is how unique it is within Southold. Uses of this property will be restricted to passive recreational uses which will include a hiking trail. Stewardship management plan will bo developed by the Town Stewardship Group fbr this property. The Town, County, Feconic Land Trust all have other preserves in this area and the long term plan tbr this new property to be integrated into a neighborhood system of hiking trails. Finally, the Land Preservation Committee would like to thank Mr. Miller and Mr. Orlando lbr preserving their properly. Ultimately they are the stars in this production. We are supporting players since without their willingness to preserve their property there would have been no project Ibr us to work on. Thank you. Paradise Point Purchase Public llearing 3 May 6, 2008 SUPERVISOR RUSSELL: Thank you, John. Would anybody else like to come up and address the Town Board on this acquisition? BOB GAZZA: Good evening, my name is Bob Gazza, I live in Cedar Beach. I completely agree that this property is very unique and l very strongly urge that we try to preserve it and the only thing that 1 wanted to add to what John just said is that an investment in this property not only preserves this property but it is going to be protecting Cedar Beach creek because this property slopes southwesterly and it all slopes into a saltwater marsh that empties under Cedar Beach Road into Cedar Beach creek and if there is any development in there, I know people are supposed to be careful with mosquito sprays and pesticides and so on but I am just afraid that any houses in there, it is going to wind up in the creek. And this creek is probably one of the cleanest creeks on Long Island. I mean, we still have oysters in this creek. It is amazing how clean it is. The last couple of evenings we have had weakfish in there spawning. The opened up the inlet a little bit more over the winter and it has just been terrific. The water is beautiful and I just strongly urge that we try to preserve it if we can and protect the creek also. Thank you. SUPERVISOR RUSSELl,: Thank you. Mr. Wills? FRANK WILLS: Frank Wills, Mattituck. On behalf of the North Fork Environmental Council, we would like to commend the Town and the land acquisition group for all the work that was involved in acquiring this property. And we should favor that the Town vote yes to acquire this property. Congratuiations. SUPERVISOR RUSSEI,I,: Thank you. Would anybody else like to come up and address the Town Board on this acquisition? DOUG HARDY: Doug }lards., Southold. The Board is presented with a unique opportunity to preserve something that is quite remarkable and I wish that the Board would support it. Thank you. SUPERVISOR RUSSEI,L: Thank you, lVlr. Hardy. Would anybody else like to come up and address the To~n Board'? BENJA SCHWARTZ: Evening. I am Benja Schwartz from Cutchogue. I haven't been to this property that is the subject of this hearing tonight, I have been to that area and from everything I have heard it is as truly unique, although every property is unique, this one is truly unique in '~ays that i think that the preservation of it serves much more than the immediate neighborhood. It serves the entire Town of Southold and I would like to thank everyone who has had a part in bringing this to the point where we are tonight. The story will not be over tonight, I would like to invite everybody to participate in the continuing saga of thc one, couid be a bright spot in this also, is that there are some development rights that are being transferred from this property. The twelve sanitary flow credits and I would like to ask if anybody would like to discuss where they will be Paradise Point Purchase Public Hearing 4 May 6, 2008 or how' they will be managed or where they would be transferred to and I hope that we make wise use of those credits. SUPERVISOR RUSSELL: Sure. The specific sanitary flow credits that are transferred out have to be used lbr aflbrdable housing purposes only. They sit with the Town in a bank, the bank is districted school district by school district. If the opportunity comes up in the future to create affordable housing and there is an issue with septic flow, for instance the Cottages in Mattituck was an example of that, the sanitary flow credits can be transferred to that parcel for the creation of the aflbrdable housing. Or if someone xvants to buy the sanitary flow credits to create an accessory apartment that is aftbrdable. For instance, what happened next door here, to the building that was renovated, they had to purchase a sanitary flow credit and then were able to create an aflbrdable rental apartment over that particular property. It cannot be used for the transfer of development rights fbr any other purpose. It has to be used for aflbrdable housing only in AHD, aflbrdable housing district. MR. SCHWARTZ: Thank you ibr that. SUPERVISOR RUSSELL: Thank you. Beaia. Would anyone else like to address the Town Board.'? JOHN KENDALL: John Kendall, Sou:aold. I just wanted to say that the Town has been very good or very instrumental in acquiring quite a few of these unique pieces of property and this is just one example. They have been doing a good job in the past. I just hope that they will do their very best in the futm'e to acquire as many as these pieces that come up because I think we have to preserve some of our town, county aspect. So I hope we see much more of this transpMng in the future. SUPERVISOR RUSSELL: Allisoo? ALLISON MAHAFFY: Allison Mahaffy. I just want to say thank you so much for this, this is such a great thing. I livc in Southold. I live in Bayview and it is such an over- populated area, there are so many school buses that go by in the morning picking up kids and my kids tell me that the buses are crowded, they are lull of kids and just to have some open space lbr them and for me. I am so thrilled. I am so thrilled with the owners, I just, it is beyond words. To save this piece of land, it is such a unique piece of land. You can see on t he map it is just the most beautiful forest in the world and it is so close to so many of us. We can use it so easily, we can walk to it, we don't have to drive to it to go to a park. I want to say thank you to the Land Preservation people, too. Thank you. SUPERVISOR RUSSELL: Thank you, Allison. I have to tell ~ou, ~vhen I was, when this was going through this ~ear, Allison said you have got to get out, you have got to walk INs site. And I did just that with Allison and Heather Tetrault and I do have to agree that it is nothing like it and I have seen most of the prope~q, ies out here as an Assessor lbr some many years. There is just absolutely nothing like it in Southold. Paradise Point Purchase Public Hearing May 6. 2008 SHARON SHINE: Hi, 1 am Sharon Shine from Southold, also supporting the purchase of land. I also walked it with Heather. I just want to question about the transfer of development right with the septic part of it. SUPERVISOR RUSSELL: Mmmhmm. MS. SHINE: When the money comes in, it may be in 10 years, it may be like never; you are saying, right? SUPERVISOR RUSSEI,L: Feal~, it sits in a bank. MS. SHINE: For affurdable housing. Does that money jump back into preservation? SUPERVISOR RUSSELL: The 12~57 Yes, it does. We are capped out at what we charge because the goal of that sanitary flow is to create afibrdable housing opportunities. So it is not a market transaction. We set the price, I believe, right now at $12,500 per sanitary flow credit. The idea is that we have to charge something but at the same time you don't want to defiaat the very reason lbr creating that bank. MS. SHINE: And that money g,,es back... SUPERVISOR RUSSELL: That n:oney goes back into preservation. MS. SHINE: Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Wuuld anybody else like to come up and address the Town Board? ERIC HEACOCK: }ti, Eric tfeacock. I just want to thank the Miller ~hmily and Vincent Orlando and the Town t¢oard and everyone who has put eflbrt into making this possibly happen. 1 think it is a really a good thing for the town and for everybody. I just wanted to come out tonigat and say thank you. SUPERVISOR RUSSELL: Thm~ you. JOHN ABLE: Iii, i am John Able from Southold. I would encourage the Board to support this resolution. I live in tbe Harbor Lights section, right near this property and I am a walker and I frequently walk past it. As I told the Board before, this is really the heart and soul of Greal Ifog Neck and it is a vital thing, I think, to preserve and I am very happy with this agreement and I d'~ink there is an expense but I think it is an investment l'br the future and the fulurc of the ~I own of Southold. Thank you. SUPERVISOR RUSSELL: Thank you. We are being friendly tonight, so I will let you speak as long as you like. Would anybody else like to address the Town Board? Paradise Point Purcbase Public Hearing May 6, 2008 6 HEATHER CUSACK: Iii, I am Heather Cusack. I just want to support what everyone else said. It is a unique and beautiful piece of land. 1 hope this does go through and if it does that you all get an opportunity to take your families there and see the trees and the salamanders and the turtles and it is also a great place for our water supply Ibr that area. And again, thank you so much, to the owners for working so hard on this and to the Planning Board and the Land Preservatiou and the Town Board. Thank you. SUPERVISOR RUSSELL: Thank you very much, Heather. Anybody else? response) Can I get a motion to close'? (No Southold Town Clerk 617.20 Appendix C State Environmentel Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNI./STED ACT'[ONS Only PART T-PROJECT INFORMATION (To be completed by Applicant OR Project) Page I of 2 !Z APpLiCANT/SPONSOR: Southold Town Board I 2. PRO.1ECT NAME: 3. PRO3ECT LOCATION: 4. PRECISE LOCA'E[ON: (Street address and road intersections, prominent landmarks, etc, or provide map) ~ New ~ Expansion ~ Rodifi~tion [~LB~ "RO, E~ B,EFLY: t i . AMOUNT OF ~ND AFFE~ED: IN.ALLY ~1~07 acres UL~NATELY ~(.~g~ acres 8, WILL PROPOSED A~ON CO~PLY W~H EXI~NG ZONING OR OTHER E~NG ~ND USE ~ Yes ~ No ~/No, desk~be b//~fly ~/~ ResiderlUa] ~' C r- 10. DOES Ac'r[OH INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes No l/yes, //.ct agency(s) and pem;/~/approva/s 11. DOES ANY ASPECT OF THE ACT[ON HAVE A CURRENTLY VAL/D PERMTT OR APPROVAL? Yes ]'~ No /T ye_~, //,? ~,gency(s) and /;e,mll(/app/uva/_~ 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERM[T/APPROVAL REQUIRE MODIFICATION? I CERT[FY THAT THE INFORMAT[ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PART II~ENVIRONHENTAL ASSESSHENT (To be comp eted by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR~ PART 617.47 [] Yes'F~' No If yes coordinate the tev/ew proce~s and use the full EAr B, WILL ACTION RECEIVE COORDINA'I~D REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRI~ PART 617.67 ~ Yes ~. No ]f no, a negative d~ara&bn may be suspended by another invo/ved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSEOCIATED WITH THE FOLLOWZNG: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or dis,~s~l, 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? Explain briefly: NO C3. V/~etation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered spec es? Explain briefly' C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? Ex~n briefly: CS.,l~dowth, subsequent development, or related activities likely to be ind~lced by the proposed action? Expiate briefly: C6.L,L°ng term, short term, cumulative, or other effeds not dentified in CI-C5? Explain briefly' ~O ' .(~t'~tt/er impacts (including changes in use of either quantity of type of energy)? Explain briefly: C7 D. WILL THE PRO.]EC'T HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes~ No E. ES THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIROH.ENTAL IMPACTS? PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, deterrllhle wfietfler it is substantial, large, or othe{¥dse significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurr ng (c) duration (dO r{eversibility (e) geographic scope and (f) magnitude. If necessa ¥, add attachme its o refelence st}pfiorting matur als. Ensure tbat explanations Contain suff3cient detail to show that all relevant adverse impacts have been identified and adequately addressed. If quesfion D of part II was checked yes, the determination and significance must evaluate tile potential impact of tile proposed action on the envhonmental 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 ENV]RON~EFNA[ ASSESSi~ENT FORFI and/or prepare a positive declaration. Check this box if you have date{mined, based on the information and analysis above and any sul)po~ing documentation, that the proposed a~ion WILL NOT result in any significant adverse environmental impads AND provide on a~achmen~ as neces~, the reasons suppoding this determinafi ~ T~I~ of R~onsib~e Officer - ~gnatu~. orisons bio O[bGr in Lead ~ency Signature of p,epare(if d~nt from of ~spo[l~iMe f~er) Southold Town Board - Letter Board Meeting of May 6, 2008 RESOLUTION 2008-499 ADOPTED Item # DOC ID: 3831 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-499 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the properties owned by Paradise Point Holding Corp. and VJ Development Corp. on this 6th day of May, 2008, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified, respectively, as SCTM #1000-81-2-5 and # 1000-79- 8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both properties are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview road meet with one being along the westerly side of Paradise Point Road, the other being along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey; and WHEREAS, the purchase price for the entire 21.907± acres of the combined properties is $2,604,000.00 (two million six hundred four thousand dollars). The purchase will be funded by the Town's Community Preservation Fund; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may be the establishment ora nature preserve or as a passive recreational area with trails and limited parking for access purposes; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 185 Generated May 9, 2008 Page 58 Southold 'fown Board - Letter Board Meeting of May 6, 2008 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town's purchase of these properties. The transfer of the Sanitary Flow Credit into the TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire these properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject properties for the purpose of open space and wetlands protection; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the properties owned Paradise Point Holding Corp. and YJ Development Corp. Said properties are identified, respectively, as SCTM # 1000-81-2-5 and #1000-79-8-16. The addresses are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both properties are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet ~vith one being along the xvesterly side of Paradise Point Road, the other being along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the Generated May 9, 2008 Page 59 Southold Town Board - Letter Board Meeting of May 6, 2008 combined lots open space purposes. The exact area of the acquisition is subject to a Town provided survey. Proposed uses of the properties may be the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes. The purchase price for the combined lots equaling 21.907± acres is $2,604,000.00 (two million six hundred four thousand dollars) and the purchase will be funded by the Town's Community Preservation Fund. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board, and the Town Board has hereby determined that this action is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these properties upon the Town's purchase of these properties. The transfer of Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Krupski Jr., Wickham, Evans, Russell ABSTAIN: Vincent Orlando Generated May 9, 2008 Page 60 Southold Toxvn Board - Letter Board Meeting of May 6, 2008 RESOLUTION 2008-498 ADOPTED Item # DOC ID: 3830 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-498 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2008: WHEREAS, the Town Board of the Town of Southold wishes to purchase properties o~vned by Paradise Point Holding Corp. and VJ Development Corp. for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified, respectively, as SCTM #1000-81-2-5 and #1000-79-8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both properties are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one being along the westerly side of Paradise Point Road, the other being along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as land that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may be the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town's purchase of these properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; now, therefore, be it Generated May 9, 2008 Page 56 Southold Town Board - Letter Board Meeting of May 6, 2008 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.; and, 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; and, 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 Southoid Town Clerk RESULT: ADOPTED [5 TO 0] t4OVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Krupski Jr., Wickham, Evans, Russell ABSTAIN: Vincent Orlando Generated Ivlay 9, 2008 Page 57 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board Melissa Spiro, Land Preservation Coordinator / From: Mark Terry, Principal Planner .~2p LWRP Coordinator RECEIVED MAY 6 2008 Southold Town (2~rk Date: May 5, 2008 Re: Proposed pumhase of PARADISE POINT HOLDING CORP. & VJ DEVELOPMENT CORP Property Location: 695 Paradise Point Road and 10250 North Bayview Road in Southold SCTM# 1000-81-2-5 & 1000-79-8-16 Zoning District A-C The proposed acquisition is for the Town to acquire fee title to the entire 21.907+ acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey. The purchase price for the combined lots equaling 21.907± acres is $2,604,000 (two million six hundred four thousand dollars) and the purchase will be funded by the Community Preservation Fund. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. #8804 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THF SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 1st day of May, 2008. ~.~.,,.~_ ~ Principal CLerk Sworn to before me this ,~"2 dayof '"~ ,~ 2008 /a~GAL NOTICE IqOTI[C~ OF pLr~UC ~G ~ ~ ~E~Y G~N ~at pu~uant to the provisions of Chapter (O~n Spa~ ~a~n) ~d ~apter ~c ~wn ~e, ~c To~ Bo~d of ~ ~ded b~ ~e ~mm~it~ NOTARY PUBLIC-STATE OF NEW YORK No. 01 -VO6105050 Qualified tn Suffolk County LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ May 6~ 2008~ at 4:35 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the properties owned by Paradise Point Holding Corp. and VJ Development Corp. Said properties are identified, respectively, as SCTM #1000-81-2-5 and SCTM #1000-79-8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both parcels are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one parcel being located along the westerly side of Paradise Point Road, the other parcel being located along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey. The purchase price for the combined lots equaling 21.907+ acres is $2,604,000 (two million six hundred four thousand dollars) and the purchase will be funded by the Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may include the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes. As per Chapter 117.5 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town's purchase of these properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. 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: April 22, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 1 2008, 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 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~r~. '7'> day of ~ ,2008, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing 5/6/08 at 4:35 pm (---~lizabeth A. Neville Southold Town Clerk Sworn before me this ~-~ day of ( ~ ,2008. v , l~otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Oualified in Suffolk County Term Expires March 8, 20 ~ Southold Town Board - Letter Board Meetin~ of April 22, 2008 RESOLUTION 2008-413 ADOPTED Item # DOC ID: 3807 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-413 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2008: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ May 6~ 2008~ at 4:35 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for thc purchase of the properties owned by Paradise Point Holding Corp. and VJ Development Corp. Said properties are identified, respectively, as SCTM # 1000-8 I-2-5 and SCTM #1000-79-8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both parcels are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one parcel being located along the westerly side of Paradise Point Road, the other parcel being located along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey. The purchase price for the combined lots equaling 21.907:t: acres is $2,604,000 (two million six hundred four thousand dollars) and the purchase will be funded by the Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may include the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes. Generated April 24, 2008 Page 57 Town Board - Letter Board Meeting of April 22, 2008 As per Chapter I 17.5 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town's purchase of these properties. The transtar of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] HOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Krupski Jr., Wickham, Evans, Russell ABSTAIN: Vincent Orlando Generated April 24, 2008 Page 58 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR m¢lissa.spiro@t own.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Armex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOW2~ OF SOUTHOLD To: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Town Comptroller The Nature Conservancy Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Planning Board Trustees Director of Public Works Peconic Land Trust, Inc. Melissa Spiro, Land Preservation Coordinator June 5, 2008 PARADISE POINT HOLDING CORP. to TOWN OF SOUTHOLD VJ DEVELOPMENT CORP. to TOWN OF SOUTHOLD Open Space Acquisition Please be advised that the Town has acquired the open space properties listed below. If you would like any additional information regarding this purchase, please feel free to contact me. LOCATION: 695 Paradise Point Road, Southold (19.8246 acres) and 10250 North Bayview Road, Southold (2.0815 acres) PROPERTY OWNERS: Paradise Point Holding Corp. VJ Development Corp. PURCHASE DATE: Closing took place June 4, 2008 PURCHASE PRICE: $ 2,054,000.00 - SCTM #1000-81-2-5 $ 550,000.00 - SCTM #1000-79-8-16 $ 2,604,000.00 - Total Purchase Price OPEN SPACE ACREAGE: Total Acreage - 21.90621 acres FUNDING: CPF 2% Land Bank. MISCELLANEOUS: SCTM #1000-81-2-5 was before the Planning Board for a standard subdivision known as "Tall Pines at Paradise Point". 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 RECEIVED To: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Sr. Administrative Assistant July 18, 2008 PARADISE POINT HOLDING CORP & VJ DEVELOPMENT CORP. to TOWN OF SOUTHOLD Open Space Acquisition - 2t.9061 total acres SCTM #t000-81-2-8 (19.8246 acres) and #1000-79-8-18 (2.0815 acres) Location: 695 Paradise Point Rd & 10250 North Bayview Road, Southold Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Bargain & Sale Deed dated June 4, 2008, VJ Development Corp. and Paradise Point Holding Corp. and the Town of Southold, recorded in the Suffolk County Clerk's office on 6/10/08, in Liber D00012554 Page 024 · Original title insurance policy #2730632-13700 issued by Fidelity National Title Insurance Company on June 4, 2008 in the insured amount of $2,604,000.00 (title no. FNP-01490) · Closing Statement Thank you. Melanie encs. cc: Assessors w/copy of recorded deed Jack Sherwood w/copy of recorded deed and survey map SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 6 Receipt Number : 08-0055019 TRANSFER TAX NUMBER: 07-28915 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 079.00 08.00 EXAMINED AND CHARGED AS FOLLOWS $2,604,000.00 06/10/2008 11:10:05 AM D00012554 024 Lot: 016.000 Received the Following Fees For Above Instrument Exempt Page/Filing $18.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $7.50 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 07-28915 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $165.00 $0.00 $50.00 $0.00 $275.50 Exempt NO NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County JUL 14 2008 DEPT OF LAND PRESERVATION Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2008 Jun I0 i1:10:05 Jodith R. Pasca!e CLERK OF SUFFOLK COUNTY L P00012554 P 024 9T~ 07-28915 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEEs Page / Filing Fee Handling TP-584 5. O0 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. /63-- 50o Comm. of Ed. Affidavit Certified Copy NYS Surcharge '110~ 5. 00 -7 yo 15. 00 Other Sub Total Sub Total Grand Total I I Dist. 08013840 lOOO 08100 0200 oosoo0 4 I 1000 07900 0800 016000 Real Prope~ Tax Service Agency Verification 6 8 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax JY,,,,F,~,~ F 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 g'~ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due / Improved ~9 Vacant Land TD TD TD 310 Center Drive, Riverhead, NY 11901 e www. suffolkcou ntyny, gov/clerk ~/~-,~ ? - This page forms part of the attached Suffolk County Recording & Endorsement Page made by: (SPECIFY TYPE OF INSTRUMENT) The promises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of In the VlLLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) NY 005 - Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation (Single Sheet) (I-Fl B~L18002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 4th day of June , in the year 2008 BETWEEN VJ Development Corp. and Paradise Point Holding Corp. - both doing business at 51020 Route 25, Southold, New York 11971 party of the first part, and Town of Southold, a municipal corporation of the State of New York, doing business at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE DESCRIPTION "A" attached hereto and made a part hereof as Schedule A WHEREAS, this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the acquifer and water supply and said open space areas shall be kept in a natural state in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation purposes. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of thc party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of thc second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: By: V~enf OrY~nd-o, P~sident RIDER TO DEED BETWEEN PARADISE POINT HOLDING CORP. to TOWN OF SOUTHOLD (SCTM #1000-81-2-5) and VJ DEVELOPMENT CORP. to TOWN OF SOUTHOLD (SCTM #1000-79-8-18) DATED June 4, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall. not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF S UTHOLD By: SCOTT A. RUSSELL Town Supervisor STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) On the `h~,~ day of June, 2008, 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, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the in ividual acted, executed the instrument. MELANIE DOROSKI Notary Public NOTARY PUBLIC, State of New York No.01D04634870 Qualified in Suffolk County Commission Expires September 30, ~.0 Peconic Abstract, Inc. Title No.: FNP-01490 Amended 612108 Schedule "A" Description (OVERALL) ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Paradise Point Road distant 1206.85 feet southerly from the corner formed by the intersection of the southerly side of North Bayview Road with the westerly side of Paradise Point Road; THENCE South 23 degrees 13 minutes 40 seconds West 711.43 feet to a monument and land now or formerly of Giacomo Chicco & Clare Crossley; THENCE along said land the following (8) courses and distances: 1) North 56 degrees 42 minutes 50 seconds West 106.92 feet; 2) North 41 degrees 46 minutes 10 seconds West 65.69 feet; 3) North 59 degrees 17 minutes 10 seconds West 369.60 feet; 4) North 57 degrees 21 minutes 10 seconds West 218.67 feet; 5) North 53 degrees 43 minutes 10 seconds West 147.85 feet; 6) North 89 degrees 31 minutes 20 seconds West 135.29 feet; 7) North 18 degrees 32 minutes 30 seconds East 31.23 feet; 8) North 47 degrees 44 minutes 30 seconds West 402.28 feet; THENCE North 20 degrees 10 minutes 30 seconds East 521.65 feet to a monument at the southerly side of North Bayview Road; THENCE along the southerly side of North Bayview Road the following (2) courses and distances: 1) South 74 degrees 44 minutes 20 seconds East 28.54 feet to a monument; 2) North 64 degrees 30 minutes 10 seconds East 173.91 feet to a monument; South 20 degrees 10 minutes 30 seconds West 103.61 feet to a monument; THENCE South 73 degrees 33 minutes 10 seconds East, 326.15 feet to a monument; THENCE South 77 degrees 27 minutes 20 seconds East 174.74 feet; THENCE South 68 degrees 41 minutes 00 seconds East 62.71 feet; THENCE South 79 degrees 57 minutes 20 seconds East 96.62 feet; THENCE South 18 degrees 51 minutes 40 seconds West 210.09 feet; THENCE South 66 degrees 46 minutes 20 seconds East 609.58 feet to the westerly side of Paradise Point Road and the point or place of BEGINNING. ~~ ~~~~ .USEACKNOWLEDGMENTFORMBELOWWTTHINNEW YORKSTATEONLY: State of New York, County of Suffolk }ss.: /t2 On [he 7 day of Jurie in the year 2008 before me, the undersigned, personally appeared Vincent Orlando 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 capaciry(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which vtdu ecuted the inswment. ~~ _ ~ s. ~ ~ ~ _ t Nlert US c ACKNOWL EDGMENT FORM BELOW W/THIN NEW YORK STATE ONLY: State of New York, County of } ss.: On the day of in the yeaz before me, the undersigned, personally appeared personally known to me or proved to me on [he basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to me within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instmment, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ;PHEN P SPAN$URU'/{ P11bNC - Stall of New York N0.01$PIp0e9b~ !0~ ACKNOWLEDG~ttENTFORM FOR SE !'['HINNEW YORKSTATEONLY: lNew rk Subscribing Wit s Acknowledgment Certificotel State of New York, County of } ss.: On the day of in the year before me, the undersigned, personally appeared the subscribing witness to the foregoing inswment, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place of residence is in a ctry, Inc/wle the sheet and street number, if airy, thereof); that he/she/they know(s) m be the individual described in and who executed the foregoing inswment; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/[heir nnme(s) as a witness thereto. BARGAIN & SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACfS TITLE No. VJ DEVELOPMENT CORP. and PARADISE POINT HOLDING CORP. TO TOWN OF SOUTHOLD ACKNOWLEDGMENTFORN FOR USEOUTSH)ENEW YORXSTATE ONLY. /Dpref9,eFe or Foreign General Acknowledgment CertI/imte/ } ss.: (Complete Venue with State, Country, Province or Municipality) On the day of in the year 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 instmment and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/ their signamre(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the inswment, and that such individual made such appearance before the undersigned in the (Insert the city or other po/irical subdlbisaon and the state ar country m other place the acknowledgment was taken). D[$7RtCT SECTION BLOCK LoT COUMY OR TOWN RECORDED AT REQUEST OF Etidelity National Title Insurance Company RETURN BY MA/L TO FIDELITY NATIONAL TITLE INSURANCE COMPANY Mcoxeoxn'ren IYPX C' ~~~rernrf /~r FZCtChfy ~>~rv~i%rr ~„ Memher Nm~ Y .L Surte LnnJTitle Acnaluriu,r Melissa Spiro Land Preservation Department Town of Southold 53095 Route 25 PO Box 1179 Fidelity National Title Insurance Company Policy Number: 2730632- 13 ~ ~ o AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora- tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on [he Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining tand. 3. Unmazketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection FORM 2730632 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement refeaed to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement refereed to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occumng prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similaz creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankmp[cy, state insolvency, or similaz creditors' rights laws by reason of [he failure of its recording in [he Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by it duly authorized officers. Fidelity National Title Insurance Company SEAL ~E ~s> (~~~~ ~.~~aa~ ~~r resi i~~,•,~d, ~~~ ~~~ ~ /~~ s~~•~.•~:,~~ Countersigned: Authorized Signature FORM 2730632 ~4LT,4 Owner's Policy (6-17-06) wINew York coverage Endorsement Appended SCHEDULE A TITLE N0. FNP-01490 POLICY N0.2730632-13700 AMOUNT OF INSURANCE: $ 2,604,000.00 DATE OF POLICY :614108 1. NAME OF INSURED: TOWN OF SOUTHOLD 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: FEE SIMPLE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: TOWN OF SOUTHOLD by a Deed from VJ DEVELOPMENT CORP. and PARADISE POINT HOLDING CORP., dated 614108 and recorded 6110108 in the Suffolk County Clerk's Office in Liber 12554 page 24. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TAX MAP DESIGNATION: 1000-081.00-02.00-005.000 and 1000-079.00-08.00- 016.000 Peconic Abstract, Inc. Title No.: FNP-01490 Amended 612108 Schedule "A" Description (OVERALL) ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Paradise Point Road distant 1206.85 feet southerly from the corner formed by the intersection of the southerly side of North Bayview Road with the westerly side of Paradise Point Road; THENCE South 23 degrees 13 minutes 40 seconds West 711.43 feet to a monument and land now or formerly of Giacomo Chicco & Clare Crossley; THENCE along said land the following (8) courses and distances: 1) North 56 degrees 42 minutes 50 seconds West 106.92 feet; 2) North 41 degrees 46 minutes 10 seconds West 65.69 feet; 3) North 59 degrees 17 minutes 10 seconds West 369.60 feet; 4) North 57 degrees 21 5) North 53 degrees 43 6) North 89 degrees 31 7) North 18 degrees 32 8) North 47 degrees 44 minutes 10 seconds West 218.67 feet; minutes 10 seconds West 147.85 feet; minutes 20 seconds West 135.29 feet; minutes 30 seconds East 31.23 feet; minutes 30 seconds West 402.28 feet; THENCE North 20 degrees 10 minutes 30 seconds East 521.65 feet to a monument at the southerly side of North Bayview Road; THENCE along the southerly side of North Bayview Road the following (2) courses and distances: 1) South 74 degrees 44 minutes 20 seconds East 28.54 feet to a monument; 2) North 64 degrees 30 minutes 10 seconds East 173.91 feet to a monument; THENCE South 20 degrees 10 minutes 30 seconds West 103.61 feet to a monument; THENCE South 73 degrees 33 minutes 10 seconds East, 326.15 feet to a monument; THENCE South 77 degrees 27 minutes 20 seconds East 174.74 feet; THENCE South 68 degrees 41 minutes 00 seconds East 62.71 feet; THENCE South 79 degrees 57 minutes 20 seconds East 96.62 feet; THENCE South 18 degrees 51 minutes 40 seconds West 210.09 feet; THENCE South 66 degrees 46 minutes 20 seconds East 609.58 feet to the westerly side of Paradise Point Road and the point or place of BEGINNING. SCHEDULE B POLICY N0.2730632-13700 TITLE NUMBER: FNP•01490 EXCEPTIONS FROM COVERAGE This Policy does not insure loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Special Exceptions: 1) Survey by John C. Ehlers, dated 5127108 shows wood vacant land. Company excepts changes made since date of said surey. FIDELITY NATIONAL TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) •~"~3(!(~3.~ _~~7CU Attached to and made a part of Policy Number _ I . Covered Risk Number 2(c) is deleted. Z. The following is added as a Covered Risk 1 I. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy. 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of [he deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Dale of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATE: U'~~J J O O Countersigned: Bv: ?]Eib] (SIOIIO]) Flllta,i"l a \.a'Itt1 Cal. TIT/. r: ICU ItA\c T: CtriU6a U.. ~, SEAL ~ .'ry..,, ~~ u . STANDARD NEW YORK ENDORSEMENT FOR L'~SE WITH ALTA OWNER'S POLICY (6-I]-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from [he coverage of [his policy, and [he Company will no[ pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the orsupancy, use, or enjoyment of [he Land; (ii) the chazac[er, dimensions, or location of any improvement erected on the Land; (iii) [he subdivision of land; or (iv) environmental protection; or [he effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit [he coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does no[ modify or limit the coverage provided uoder Covered Risk 6. 2. Rights of eminent domain. This Exclusion does no[ modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by [he Insured Claimant; (b) not Known to [he Company, not recorded in the Public Records at Date of Policy, but Known [o [he Insured Claimant and not disclosed in writing to the Company by [he Insured Claimant prior to [he date the Insured Claimant became an Insured under [his policy; (c) .resulting in no loss or damage m the Insured Claimant; (d) attaching or created subsequent to Dale of Policy (however, this does no[ modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would no[ have been sustained if [he Insured Claimant had paid value for [he Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similaz creditors rights laws, [ha[ [he transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent Vansfer; or (b) a preferential Vansfer for any reason not stated in Covered Risk 9 of [his policy. 5. Any lien on [he Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of [he deed or other ins[mment of Vansfer in [he Public Records [ha[ vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in [his policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as maybe in- creased or decreased by endorsement m [his policy, increased by Section S(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, wst, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors m the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, personal representatives, or nett of kin; (B) successors [o an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors [o an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying [he Title (1) if the stock, shares, memberships, or other equity interests of [he grantee are wholly-owned by the named Insured, (2) if [he grantee wholly owns [he named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a wstee or beneficiary of a wst created by a written instmment established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as [o any successor Iha[ the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge"or"Known": Actual knowledge, not conswctive knowledge or notice that may be imputed to an Insured by reason of [he Public Records or any other records [hat impart conswctive notice of matters affecting [he Title. (g) "Land": The land described in Schedule A, and affixed improvements [ha[ by law constitute real property. The term "Land" does not include any prop- erty beyond [he lines of [he area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent [hat a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of wst, wst deed, or other security insw- ment, including one evidenced by elecVOnic means authorized by law. (i) "Public Records": Records established under state stam[es a[Dace of Policy for [he purpose of imparting cons[mc[ive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United Stales District Court for the district where [he Land is located. (j) "Title". The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title [o be released from [he obligation to purchase, lease, or lend if there is a conVac[ual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Dale of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from [he Insured, or only so long as the Insured shall have liability by reason of wartan[ies in any transfer or conveyance of the Title. This policy shall no[ continue in force in favor of any purchaser from [he Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as se[ forth in Section 5(a) of these Conditions, (ii) incase Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and [ha[ might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by [he failure of the Insured Claimant [o provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In [he event the Company is unable [o determine the amount of loss or damage, [he Company may, a[ its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by [his policy [hat constitutes the basis of loss or damage and shall state, to [he extent possible, Ote basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by [he Insured, and subject [o the options contained in Section 7 of these Conditions, [he Company, at its own cos[ and without unreasonable delay, shall provide for [he defense of an Insured in litigation in which any third party asserts a claim covered by [his policy adverse [o the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right m select counsel of its choice (subject m [he right of the Insured to object for reasonable cause) [o represent the Insured as [o [hose stated causes of action. It shall no[ be liable for and will no[ pay [he fees of any other counsel. The Company will no[ pay any fees, costs, or expenses incurted by the Insured in [he defense of those causes of action that allege matters FORM 2730632 ALTA Owner's Policy (6-17-06) wINew York coverage Endorsement Appended not insured against by [his policy. (b) The Company shall have [he right, in addition to [he options contained in Section 7 of these Conditions, a[ its own cos[, [o institute and prosecute any action or proceeding or to do any other ac[ that in its opinion may be neces- sary or desirable to establish the Title, as insured, or [o prevent or reduce loss or damage ro [he Insured. The Company may take any appropriate action under the terms of this policy, whetheror not it shall be liable [o the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If [he Company exercises its rights under [his subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation [o a final determination by a court of compe[entjurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires [he Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right [o so prosecute or provide defense in the action or proceeding, including [he right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Com- pany, the Insured, a[ the Company's expense, shall give [he Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending [he action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of [he Company may be necessary or desirable to establish [he Title or any other matter as insured. If the Com- pany isprejudiced by the failure of the Insured to famish the required coop- eration, the Company's obligations to the Insured under the policy shall tetmina[q including any liability or obligation [o defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit [o examination under oath by any authorized representative of [he Company and [o produce for examination, inspection, and copying, a[ such reason- abletimes and places as may be designated by [he authorized represenm[ive of [he Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, corespondence, reports, e-mails, disks, [apes, and videos whether bearing a date before or after Dale of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, [he Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain [o the loss or damage. All information designated as confidential by the Insured Claimant provided to [he Com- pany pursuant [o [his Section shall not be disclosed to others unless, in the reasonable judgment of the Company, i[ is necessary in the administration of [he claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula- tion, shall terminate any liability of [he Company under [his policy as [o that claim. 7. OPTIONS TO PAY OR OTHERW ISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attomeys' fees, and expenses incurted by [he In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and [ha[ the Company is obligated to pay. Upon [he exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under [his policy, other than to make the payment required in [his subsection, shall terminate, including any li- ability or obligation [o defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle Wi[h Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in [he name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attomeys' fees, and expenses incurted by the Insured Claimant [hat were authorized by [he Com- pany up ro [he time of payment and [ha[ [he Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees, and expenses incurted by the Insured Claimant that were autho- rized by the Company up to [he time of payment and that the Com- pany is obligated [o pay. Upon the exercise by [he Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to [he Insured under [his policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation [o defend, prosecute, or continue any litigation. S. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of [he Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between [he value of the Title as insured and [he value of the Title subject [o the risk insured against by [his policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have [he right to have [he loss or damage determined either as of the date the claim was made by [he Insured Claimant or as of the date i[ is settled and paid. (c) In addition to the extent of liability under (a) and (b), [he Company will also pay [hose ws[s, attomeys' fees, and expenses incurted in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If [he Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall no[ be liable for any loss or damage caused to the Insured. (b) In [he event of any litigation, including litigation by the Company or with the Company's consent, [he Company shall have no liability for loss ordam- age until there has been a final determination by a coon of competen[juris- diction, and disposition of al] appeals, adverse to [he Title, as insured. (c) The Company shall mot be liable for loss or damage ro [he Insured for liabil- ity voluntarily assumed by [he Insured in settling any claim or suit without the prior written consent of the Company. ]0. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which [he Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on [he Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and [he extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Wheneverthe Company shall have settled and paidaclaim under [his policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim [hat the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attomeys' fees, and expenses paid by the Company. If requested by the Company, [he Insured Claimant shall execute documents to evidence the transfer 10 [he Company of these rights and remedies. The Insured Claimant shall permit [he Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does no[ fully cover the loss of [he Insured Claimant, [he Company shall defer the exercise of its right [o recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes [he rights of the Insured [o indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in [hose instruments that address subrogation rights. FORM 2730632 •• ALTA Owner's Policy (b-17-06) w/New York coverage Endorsement Appended 14. ARBITRATION n Either [he Company or the Insured may demand that [he claim or controversy shall be submitted [o arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in [he Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are no[ limited to, any controversy or claim between the Company and [he.Insured arising out of or relating m this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the vansaction giving rise to [his policy. All arbirable matters when [he Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or [he Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed [o by both the Company and [he Insured. Arbitration pursuant [o [his policy and under the Rules shall be binding upon [he parties. Judgment upon the awardrendered by [he Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to i[ by [he Company is the entire policy and contract between the Insured and [he Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (h) Any claim of loss or damage [ha[ arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement [o [his policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A ofthis policy. (d) Each endorsement [o [his policy issued at any time is made a part of [his policy and is subject [o all of its terms and provisions. Except as [he en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of [he policy, (ii) modify any prior endorsement, (iii) extend [he Date of Policy, or (iv) increase [he Amount of Insurance. FORM 2730632 16. SEVERABILITY In the even[ any provision of this policy, in whole or in par[, is held invalid or unenforceable under applicable law, the policy shall be deemed no[ to include [ha[ provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges [he Company has underwritten Ute risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of [he jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply [he law of [he jurisdiction where the Land is located to determine [he validity of claims against the Title that are adverse m the Insured and to interpret and enforce [he terms of this policy. In neither case shall [he court or arbitrator apply its conflicts of law principles to determine [he applicable law. (b) Choice of Fomm: Any litigation or other proceeding brought by [he Insured against the Company must be filed only in a state or federal wort within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under [his policy must be given [o the Company a[ Fidelity National Title Company Atm: Claims Department P.O. Box 45023 Jacksonville, Florida 32232-5023 ALTA Owner's Policy (b-17-06) w/New York wverage Endorsement Appended FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 CLOSING STATEMENT PARADISE POINT HOLDING CORP. to TOWN OF SOUTHOLD Open Space Acquisition -19.8246 acres Premises: 695 Paradise Point Road, Southold SCTM #1000-81-2-5 VJ DEVELOPMENT CORP. to TOWN OF SOUTHOLD Open Space Acquisition - 2.0815 acres Premises: 10250 North Bayview Road, Southold SCTM #1000-79-8-16 Total Acreage: 21.9061 acres Closing took place on Wednesday, June 4, 2008 at 4:00 p.m., Southold Town Hall Annex Purchase Price of $ 2,604,000.00 ($2,054,000 + $550,000) per contracts disbursed as follows: Payable to Paradise Point Holding Corp. $ 2,054,000.00 Check #96205 (6/3/08) Payable to VJ Development Corp. $ 550,000.00 Check #96245 (5/3/08) Expenses of Closing: 2007-08 Real Prooerty Tax Reimbursement Payable to Paradise Point Holding Corp. $ 2,910.58 Check #96204 (6/3/08) Bill #9833 (SCTM #1000-81-2-5) _ $ 5918.17 180 days @ $16.1699/diem Payable to VJ Development Corp. $ 591.98 Check #96246 (6/3/08) Bill #9688 (SCTM #1000-79-8-16) _ $ 1203.70 180 days @ $3.2888/diem Appraisals Payable to Given Associates, LLC $ 4,200.00 Check #94120 (1/2/08) SCTM #1000-81-2-5 = $ 2900.00 SCTM #1000-79-8-16= $1300.00 Survev Payable to John C. Ehlers Land Surveyor $ 3,250.00 Check #96146 (8/3/08) Environmental Report- Phase I ESA Payable to Nelson, Pope & Voorhis, LLC $ 1,400.00 Check #96767 (7/15/08) Title Report Payable to Peconic Abstract, Inc. $ 10,963.00 Check#96207 (6/3/08) Fee insurance $ 10,378.00 Recording Deed $ 350.00 Certified copy of deed $ 25.00 Tax Search $ 35.00 Chain (abstract) $ 175.00 Title Closer Attendance Fee Payable toStephen Spanburgh $ 100.00 Check #96228 (8/3/08) Those present at Closing: Vincent Orlando Tracey Orlando William C. Goggins, Esq. Mary C. Wilson, Esq. Melissa Spiro Melanie Doroski Stephen Spanburgh Seller Seller's spouse Attorney for Seller Attorney for Town of Southold Land Preservation Coordinator Land Preservation Sr Administrative Asst Title Closer 111 rrfi- a ~,~~ `` ~~~~1 } , t !~' ~ ~. h !{1!1! 1 y~~l~rlydfba_~a6~1~11-r~irlF;rre~9 ag~~ t~~`~4.TT ,~~~'- q,~~~{!i1 °--If(= s{1 ~tr ~1{~ 4!t `t': ~ - t~~ {t, :,, ~ 'ii(~.1!{- lII ~11S==i#4 {ii 14{~-~ ,~~ {4 Sif ~;~ ~ ~ s~ ~ SIt trp~ t " ~ ~Q~ ~~1C4~14f~ ==511=.=46f Ili .tlf tl ill ttt o,t, ~!~ ',, ~;t~ ~{{ .~s; -, ,a ~~1~~'~1 f11~111 ill d11_ Qll 141 w t11 s34 ~.#~~ _' ;11 g1' ~~b . ~ X41- 111 ..11{ I11 1tt 411 Ito i11 1°t ~ °' E ~ t tl~ ~ „. 4{1 Ill Ili 411- 1t1 111 ~'l4 ~A~1'~-~~~~~ it1 ,~t.~~~~~ ~,~`~.~ajt 4{- ill tb' 1~4 ~ 'i' r1, -, ~ ~ ~ ~,~ ~ A , ~ , Ill 111-x:111 S-1 h} rt Itl 1,~ 1 ~. '~~ ::' o~~~t`~i~ ~{4 ' 111 -l1 411. °°t `"1 y ~,_' 1 }Y4 )F} ~ 1 iC= ~ '~ i ~ ~ t { [ g ((( i 1 ~'~~~IE ~^~ lit ~n zw ~ " ; . {~ ~ Ill ~~i / ~ 1'S {1f 4td ,~~ ,~b ~ t~ s1 ~ ~~ ~t ; ~ . F't ,. r 111 '1{1 Isr .ltt ~t Ott °`t E~ ' ` ~~ '_, ;~~ ~ h~ {I{ 111r 14i 1t1~= Is 4~i:_=r4> s.,- '~ ,~.; ~,,_.- .. r~. , - i~'096205ii' ~:02i405464~: 63 000004 Sik 111, 111- H2 .8686.2.000.000 TBR499 060408 OPEN SPACE-19.8 2,054,000.00 TOTAL 2,054,000.00 t 'ra~v ,fit j~ jp~~; ~r ~3 C °+~~ x 4, ~~ x i ';~ka~` rK. c 9~9~ ~ d ,: ~, ~ t, w ~ a'„ ~' `~y ~"1`,J { `a. q' "r ~~S ~ , a t ~~~ ..~~ ~ ;;,r o ~„ ~;; t * ~~.. '~ cx`_ Fr.~'~ +r ~i TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 411 11= l4; ~:, €t= ....~ °i }:, .~~ i2 .8686.2.000.000 TBR499 060408 OPEN SPACE-2.0815 550,000.00 TOTAL 550,000.00 ,':~ ,k 7 ,fi.,r ~~`~Fkd~yy} it .,,§ ;~ "'~. ~ ; +. u.. ~ e f ~,,,~ +~3 ~ ~ ~ ~~ b °~ c#' `9 ~q _ `~„' ~ ~ y~'Cn N q{` TOWN OF SOUTHOLD • SOUTHOLD. NY 11971-0959 ~~'096245ii• ~:02L405464~: 63 000004 Ou' OFFICE ADDREB&. TOWN OF SOUTHOLD OFFICE HOURS & PHONE saoss ROUTE 2s - Y.o. sox 1909 CONSOLIDATED REAL PROPERTY TAX BILL MON-FHI 8:00 AM TO 4:00 YM SOUTHOLD, NY 11971-0999 DECEMBER 1, 2009 - NOVEMEER 30, 2008 -TAXES BECOME A LIEN DECEMBER 1. 2007 631-965-1ROa FAx~ Rat-9Rfi-sing. ~ ~ • ~ ~ ~ IF THE WORD °ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE j 473889 81.-2-5 61 Q ON REVERSE SIDE. 10 ~ 9833 ...• - .., 695 Paradise Point Rd 19.82 .. ,~ .~ 311,084,310 2,693,85 321 1 Abandoned ag ,. ~ , , Paradise Point Holding Co 51020 Route 25 12/04/07 5,900 5,900 Southold' NY 11971 " Paradise Point Ho lding Corp, ... ~r .- "ASSESSEDVALUE RATIO 100%OF FULL VALUE First Half: 9824 $2,828.02 12/26/06 ' Second Half: 9824 $2,828.02 5/7/07 5,900 W SIGN 1.00% of Ir s? 590,000 LEVY DESCRIPTION LEVY % TAXABLE VALUE T"a "T "" TA%AMDUNT TOTAL TA%AMOUNT Southold School 68.37% 5,900 6$5.806 6.30% 4,046.26 Southold Library 2.19% 5:~°, - 4.Q0% 129.59 _ L ~ ° ~ ~ ~ ~ ~ 4175.85 Suffolk County Tax 1 70% 5~~ ~ 8.30%a 100.87 I ~ 1.70% ~ ~ ~ 10U.87 Southold Town Tax 20.92% 5,9i~Q,~ 1 - 9 OQ'0{a 1,237.83 ~.... 20.92% r ti ~.~~ 1,237.83 NYS Real Prop TaxLaw - 0.41 % „~ 5'Ji10 e %~,Q77 ~ ,q , ; -5?. jp% ,, , . , ~ 24.05 Southold FD 4.99% 5,00 50,:010 8,00°l0 295,06 Waste Water District 0.00% 5;940 033 8220°/d 0.19 Solid Waste District 1.42% ~` a i~ ~ ~ ~'~ d; ~ ~ 84.32`. , FIRST HALF TAX ~ oco no SECOND HALFTAX ~ oee nn 70TA L TAX LEVY - ~ ~. o .-, . vvv.vr a J q `{,. J J IO.I I DuE Dec i, zom PAYABLE wIr"our PENALTY TO JAN. m, zoos DUEDEC.1,2007 PAYABLE W47ROI1f PENALTYtd kAY 312Gg83EEHEVERBE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS SEE REVERSE SIDE FOR PENALTY SCHEDULE. SIDE FOR PENALTY SCHEgUL€ ANO COUNTY TREASURER 8 NOTICE °m= ass a++ s+s- sts sgs ==s4~ -+4~ i4i ii= {11=1ii 6ii `~3f li+ ~ 11+ ifi ~_ zF ~~~~~~~''~(+ r ~ iii ~ !ft ` e >` ~' n =Ifl=111 fI1 fll=-111 f;4-~14I fit 4i+ if4 ~~{!~ !` ,,, s,+ }ii lt, ,ai ,l -. {1={1{=i1{ =1N•-~111 {f{ 414~{4f =1 ~~~ib~~ai96~€v~.6i~i~lYasr>I ©eg~ ;;Itl~'iS4~1p ~ +' ~~y~~ ~f11= f11= 4-f= i{5=~=-f1 i3S ~li4~ii1= `~~ 4is -f4t~S4s '!a ' , +, ; a ;!s fiS s49 ~d~S >{s ,~~~41f i{-{ff~flf~=41f== f1s 1i1.~911~.f1S~111= {t{ :119 ~ ~1l isi t4; 1+~ 4=3 r'+ ~ ;" iti- r'~9 s"° : ~+~~4~ =-N =NI==1-f q!l4.~I4I°=fii~lll-~'fI1=131 1fi ii+ s4i iii a3+ li, : ss s . ° s+sw..fii iss ,, ~=d 91fl` if=111=1i1=114= 1S1 {14 f41=1S1~-1{=~-11! 111= i4t ++s ~s 1f9 ?~'~*~ , _~ ~ ~~R I+ ~ ~ ~flz~ -1lf~144 Ill -.111 =°114 i4i==4iI~141~If1 111 ;li 161 ~lis 1si ii° ~' i' ~` ri3 ~~ 1; If I!f -141 l-f ~4(1 #it lil 113 1-1=111 4i1 ~ 41s +ts ~ s4 1~ ~f4 7~~~4,~ '+ ~ls ~i ~' - `~~~` . ti{~f4~~if ~~~Ii14~' i~';; ; pn~~~~~ ~ ~ ,~~ ~' ~ ~~~ i i 141 ' fi4 111 ~+il ++4 its lit fil° 119 441 ~ '4+ ~}~ ,~1~ {1€ ~: =~, ~ ~~ ~ ~,} Iii 441 814 }ti= 11i 4fi ' i4i s4i ~ 434 i'i =< 'is ,G> +~' ', . ~ ~, ~ ` ~ ~{°~ ff 4is °i`s4 t4i ,~ 1`i Ott -116 441 ~lii~- 414 ,it,.; i~ =si st `, : , i f~ ifi ;~ (~ ~' ~ l~~i~~i6 ~~~,~ a - ~ sa 9 ,~; ~lif!~ ~ (Q 3+1 ~}~J]~iY~ "~'1}y~y~ ~.[(y{ il•}Za 4i~1 lli ~t9 +~' ° I~ ~ ~.1~. '31 ^'.4) lad f~ /'S 41 Y'~ {}~ ~f '4 f ~ ~ ~ , tl -~ '-~ fii Sii ~+1 414 m.,i44 3t1t1 4i', i3i 1°1 ,y +1s~ 1 '~ ,1 14s~' i.., ~~~ ; 4 ~...1sI «,~31s,~, ~ r,.. Fir ., lis... ill^,..111... psi:.. ++ ,_^dsl, l4`' . ~ ^~' a °--r ~ ',r ~i'096 204ii' ~:0 2 ~405464i: 63 000004 Oii' 32 .8686.2.000.000 ih 1 iyi. lii til ~fi 444-~-, iii-' TBR499 060408 PROPERTY TAX REIMB- 2,910.58 TOTAL TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 2,910.58 OFFICE ADDRESS: TOW1V OF SOUTHOLD OFFICE HOURS & PHONE 53095 ROUTE 25 - Y.O. BOX 1409 CONSOLIDATED REAL PROPER'L'Y TAX BILL MON-FRI 8:00 AM TO 4:00 PM 9(liiTH(11.D NV 11991-OA94 PF.CRMAFR l 2009. Nf1VF.MRFR AO 2006. TAXF.C RFCfIMF A LiRN DRCFMRFR l 9009 fiA1.9fifi-1 ROA FAX fi31.90.F.Ft a9 r r r r r r IF THE WORD "ARREARS" IS PRINTED HERE SEE r COUNTY TREASURER'S NOTICE j 473889 79.-8-16 610 ON REVERSE SIDE. 1 O 9688 •.• . . r r r 10250 N Bayview Rd 2.08 r . r rr 311,084,310 2,693,85 311 1 Res vac land Vj Development Corp r. Attn: William Mgore Esq. 12/04/07 1,200 1,200 51020 Route 25 ,' ~' r . I' Southold NY 11971 , Vj Development Corp, '~. ,~ ASSESSED VALUE .RATIO 100% OF FULL VALUE First Half: 9679 $575.18 12/26/06 Second HaIE. 9679 $575.19 5/7/07.. : 1 200. w15ce 1.00% oP n s: 12q,000 LEVY DESCRIPTION LEVY%^ TAXABLEcVALUE p'ix Aoo rn me°i"oA""v ax TAX AMOUNT TOTAL TAX AMOUNT Southold School 68.37% 1,200 685 806 6.30% 822.97 Southold Library 2.19% 1 1 ~~De~Tf`,` k ~~ 64 ; 4.60% 26:36 r ~ ° • ' • • 849.33 Suffolk County Tax 1 70% 1;db0" ~ ~ , 17 Q97^i' 8.30%° 20.52. r ~ 1.70% • ~ • 20.52 Southold Town Tax 20 92% 1;2Q0~ '"~"'~ 9~ 1' 9.00%° ~~' O 251.76 ru : .°~~ ~- - : •.L . ; L ~ 20.92% • ~ • 251.76 NYS Real Prop TaxLaw 0.41% 1=;200 4.077 57.90°/° 4:89 Soutbold FD 4.99% 1,200 50.010;. 8.00°(° 60.01 Waste Water District 0.00% 1,200 033 82 20% 0:04 Solid Waste District 1.42°fo ° y ®~'~- u 1 ~9~' ,2~7~~1%, ~ v ~ 17:15 ~, ~ ~. h .09 FIRST HALF TAX 601.85 SECOND HALF'TAX 601..85 ~ TOTAL TAX LEVY - 1.203.70 DUE DEC. 1,200]PAVABLEWITHOUT PENALTY TO JAN. 10, 2D08 DUEDEC.l,20W PAYABLE W4TNOUTPENALTVTOMAV3i, 2008 SEEREVERBE THI$TAX MAY BE PAID IN ONE OR TWO IN$TALLMENT$ SEE REVERSE SIDE FOR PENALTY SGNEDULE. 31DE FOfl PENALTY SCHEDULE ANO COUNTY TREASURER'S NOTICE H2 .8686.2.000.000 ' 141 rs' ,a' ,it ,4` ._ { f fi1.~fS1 ffS =f ~'~ EI ~bk 4.1 °'414 44S X451 =fff ° fSf =-1 #' ,b4 ~~~-14{4~=441' ,€ ~s t„ lCffl~~ffl'~144~414 El ~' ktia ~1f~ISS 444 441- ~. ~ a ~ ;ih:~(~d1 y 414 ~ ~ 1~i '.11F 1f# 1l1~ {{,E 111{{ ~:~. y ~pf ~ i~~ P~1 ^.1 {J}//k ~ v X11 i~~ 7;t. ~., ,1 , • a ~'1j~ ~~}. .. )I', 1411 1~• ,G , ~ ~ 7 ~~, ~ ~ {x '~67 a _ 7: y 1 TBR499 060408 PROPERTY TAX REIMB 591.98 TOTAL 591.98 TOWN OF SOUTHOLD SOUTHOLD, NY 11971-0959 ii'096 246ii• CO 2 L405464~: 63 000004 Oii' GIVEN A S S O C I A T E S 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Invoice Date Invoice # 11/30/2007 443 Please make check payable to: GIVEN ASSOCIATES, ~~c. File No. Terms 2007386 Due upon Receipt Description Amouni Appraisal of Real Property of Paradise Point Holding Corp. Located 2,900.00 695 Paradise Point. Road Southold, NY S.C.T.M.#1000-81-2-5 GL108S 20 TOWN OF SOC7THOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select - JE Date 1/02/2008-- Y, 1/02/2008 3/25/2008 „ 3/25/2008 4/08/2008 Trx.Date Fund Account - Ose Acti 1/02/2008 H2 .600 1/02/2008 H2 .600 3/25/2008 H3 .600 3/25/2008 H3 .600 4/08/2008 H3 .600 -------------------------------- E F2=Shift Op F3=Exit F10=Prey View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ..............Detail--GL100N.............. W-01022008-127 Line: 96 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE . Trx Date..... 1/02/2008 SDT 12/31/07 Trx Amount... 2,900.00 Description.. APPRAISAL-PARADISE PT Vendor Code.. 007416 Vendor Name.. GIVEN ASSOCIATES LLC Alt Vnd.. , CHECK........ 94120 SCNB : Invoice Code. 443 VOUCHER...... P.O. Code.... 17454 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 1/02/2008 Date Cleared. 1/31/2008 . F3=Exit F12=Cancel GIVEN A S S O C I A) E S 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. BOX 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC. Description Property of VJ Development Corp Located 10250 North Bayview Road Southold, NY S.C.T.M. #1000-79-8-16 GL108S 20 View 1 Vendor.. 007 Y=Select - JE Date Y, 1/02/2008 1/02/2008 „ 3/25/2008 3/25/2008 4/08/2008 TOWN OF SOUTHOLD ** Actual Hi 416 GIVEN ASSOCIATES LL Trx. Date Fund Account -- - Use Acti 1/02/2008 H2 .600 1/02/2008 H2 .600 3/25/2008 H3 .600 3/25/2008 H3 .600 4/08/2008 H3 .600 -------------------------------- E F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Invoice Date Invoice # 11./30/2007 442 File No. Terms 2007385 Due upon Receip[ Amount 1,300.00 Disburs Inquiry by Vendor Name ..............Detail--GL100N.............. W-01022008-127 Line: 95 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 1/02/2008 SDT 12/31/07 Trx Amount... 1,300.00 Description.. APPRAISAL-VJ DEV CORP Vendor Code.. 007416 , Vendor Name.. GIVEN ASSOCIATES LLC Alt Vnd.. CHECK........ 94120 SCNB ; Invoice Code. 442 VOUCHER...... P.O. Code.... 17454 Project Code. , Final Payment P Liquid. , Type of 1099. M BOX. 07 Addl. , Fixed Asset.. Y Date Released 1/02/2008 . Date Cleared. 1/31/2008 , F3=Exit F12=Cancel JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax:631-369-8287 Bill To Town of Southold Dept. of Land Preservation Town Hall Annex Southold, NY 11971 Invoice Date Invoice # 5/27/2008 2006825 Your Client Arrieta/Peconic Land Trust SCTM# ~ MyJob# 1000-81-2-5 08-150 Date of Service Description Amount 5/27/2008 Current survey of properties referenced as Suffolk County 3,250.00 Tax Lot parcels 1000-79-8-16 & 1000-81-2-5 totaling approx. 21.907 Acres. Survey to show all physical features on the properties also eMending 5 feet outward from from the boundary lines. GL108S 20 View 1 TOWN OF SOUTHOLD ** Actual Hi EHLERS/JOHN C. Vendor.. 005322 Y=Select - JE Date Trx.Date --------------------- „ 12/19/2006 12/19/2006 3/13/2007 3/13/2007 5/08/2007 5/08/2007 7/03/2007 7/03/2007 „ 9/11/2007 9/11/2007 4/06/2008 4/08/2008 Y, 6/03/2008 6/03/2008 Fund Account - - Use Acti H3 .600 H3 .600 H2 .600 H2 .600 H2 .600 H3 .600 H3 .600 -------------------------------- E F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ..............Detail--GL100N.............. W-06032008-699 Line: 70 Formula: 0 Account.. H3 .600 , Acct Desc ACCOUNTS PAYABLE Trx Date..... 6/03/2008 SDT 6/02/08 Trx Amount... 3,250.00 Description.. SURVEY-PARADISE POINT Vendor Code.. 005322 , Vendor Name.. EHLERS/JOHN C. Alt Vnd.. , CHECK........ 96146 SCNB Invoice Code. 2006825 VOUCHER...... P.O. Code.... 18245 , Project Code. , Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y , Date Released 6/03/2008 . Date Cleared. F3=Exit F12=Cancel Ne/son, Pope & Voorhis, LLC i72 Walt Whitm Road Phone: 631-427-5665 Melville NY 11 7 Fax: 631-427-5620 Property: 06243 Project: VA02205 Tall Pines @ Paradise Point Manager: Voorhis, Charles Invoice To: Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice i!: 5891 Invoice Date: June 30, 2008 Invoice Anxount $1,400.00 Contract dated Apri128, 2008 -Item #1: Phase I Enviromental Site Assessment Work Performed thru 5/28/08 Contract Amount $1,400.00 Percent Complete: 100.00% Fee Earned: $1,400.00 Prior Fee Billings: $0.00 Current Fee Total: $1,400.00 *** Total Project Invoice Amount $1,400.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date „ 5/06/2008 5/06/2008 5/06/2008 5/20/2008 6/03/2008 ,Y, 7/15/2008 Trx.Date Fund Account - Use Acti 5/06/2008 B .600 5/06/2008 B .600 5/06/2008 B .600 5/20/2008 B .600 6/03/2008 H2 .600 7/15/2008 H3 .600 -------------------------------- E F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name • .............Detail--GL100N.............. W-07152008-087 Line: 241 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 7/15/2008 SDT 7/11/08 Trx Amount... 1,400.00 Description.. ESA 1-PARADISE/VJ PROP Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.. CHECK........ 96767 SCNB : Invoice Code. 5891 _ VOUCHER...... P.O. Code.... 18247 Project Code. , Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 7/15/2008 , Date Cleared. F3=Exit F12=Cancel Peconic Abstract CGS 6~ ~o / 'T'ITLE BILL Title/Flle No.: R/ D//9 d policy Number(s): Fee,^d_ Morta a _.._ _ _ Date of Closing: J J' __ Name o(Purchaeer. _ _ /~~ ~ ~1. _ __ ---- Premisea:. Name of Seller/Owner: -~~ _-__ lax Map #: /~'O -b^i -,~ -~ Name of Lender: TITLE CHARGES AMOUNT PURCHASER SELLER LENDER P~rrnirmu dEndonemenu ----- "-~- Lender ($ ) --'- ----'-- Endorsement Endorsement - --'-- Endorscmrnn - ----- -'--- Hndoracrncnr. --- Government Rtrordin - d 7raru er Clia a t/~/0..7 ~--- - - Rccardin Dccd ~~~ ~,a, -- - - Rccordin Mort a e ~ ~ -- -- - -- Rccordin Alai rimem - - -- Recordin r<ement - '- --' "- -' -"-"'---- FilinRAFiidavit(T c: ) --- Recnrdin Releud5atisfaaion - 3ccordin,/Filin 7cconlin dPilin Vrw Ynrk Sam TnnsFcr Tax '- Vcw York Ci R<al Pro cr Tnnsfcr 7ix Pmonic Ba Rc ion Tnnsfcr l~ax^ K'M p ~1 L - ~- r ` d blansinn Tax ~1ort a c Rccordin Tax - - Barrowcr: Lcndcr. 259b - 3.r Flrrnw Drpwin --- Mixe!lauraur $urvrv- NcwNisual Lcspcctbn Survey-.Ins caion D< artmvssal/Munici al Scarchm ' Bankmp[c. Search(es) - Pacriot Search(es) - Overnight Ddivcr Corporate Searches -- Additional Srrviaur -'--" 70TALS $ _ $ _ b C NOTICE OF STATEMENT Tha lender or other party may require the performance of additional services which are not necessary services in connaetlon with the issuance of the title policy. Pleas note that the Issuance of lha title policy Is not dependent upon the performance of such additional services. CERTIFICATION STATEMENT I r °f hereby certify that the Title Premium(s) ware properly calculated and }ound to ba accurate. I further certi/y that only parmittad,.proper teas end other charges hws been made. f3Fc~ ~°.~ PE`~(~NY,C A }}' - a ~ ; , ,., ti{ 1. ~i( $fi e,e:.~~( tbi ,:: tit 4 ~1~ 4j) H2 .8686 .2.000.000 18246 FNP-01490 FEE TITLE INS-PARR 10 378 00 H2 .8686 .2.000.000 18246 FNP-01490 RECORDING , . DEED-PARADI 350 00 H2 .8686 .2.000.000 18246 FNP-01490 CERT COPY- . PARADISE PT 25 00 H2 .8686 .2.000.000 18246 FNP-01490 TAX SEARCH . -PARADISE PT 35 00 H2 .8686 .2.000.000 18246 FNP-01490 ABSTRACT-P . ARADISE PT 175.00 TOTAL 10,963.00 i~'0962071~• ~:02i405464~: 63 000004 Ou' TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 -lii ~4 }~} a ,K ; iz4 n `- aa' ail iii 7s, ~kf it, ~.' b,~ ii4 iii iid iii °`4~i iii iii=~-~ii'.~ iii-~.IS4-i1{~=.iii.-.~ 32 .8686.2.000.000 FNP-01490 TITLE CLOSER-PARADISE 100.00 TOTAL TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 100.00 ii'096 2 2B~i' ~:0 2 140 5464: 63 OOOOOb Oii' MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissaspiro @[ownsouthold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 ~O~~pF SO(/ly~~~/, T • ~~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY l 1971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Town Comptroller The Nature Conservancy Suffolk County Division of Real Estate From: Melissa Spiro, Land Preservation Coordinator Date: June 5. 2008 Re: Acquisition Tax Assessors Building Department Data Processing Planning Board Trustees Director of Public Works Peconic Land Trust, Inc. Please be advised that the Town has acquired the open space properties listed below. you would like any additional information regarding this purchase, please feel free to contact me. LOCATION: 695 Paradise Point Road, Southold (19.8246 acres) and 10250 North Bayview Road, Southold (2.0815 acres) PROPERTY OWNERS: Paradise Point Holding Corp. VJ Development Corp. PURCHASE DATE: Closing took place June 4, 2008 PURCHASE PRICE: $ 2,054,000.00 -SCTM #1000-81-2-5 $ 550,000.00 -SCTM #1000-79-8-16 $ 2,604,000.00 -Total Purchase Price OPEN SPACE ACREAGE: Total Acreage - 21.90621 acres FUNDING: CPF 2% Land Bank. MISCELLANEOUS: SCTM #1000-81-2-5 was before the Planning Board for a standard subdivision known as "Tall Pines at Paradise Point".