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VJ Development Corp & Paradise Point Holding Corp (Tall Pines)
1000-79-8-16.1 (f/k/a 1000-79-8-16 and 1000-81-2-5) Baseline Documentation Premises: 10250 North Bayview Road (2.0815 acres) 695 Paradise Point Road (19.8246 acres) Southold, New York 21.9061 acres Open Space Acquisition VJ DEVELOPMENT CORP. and PARADISE POINT HOLDING CORP. to TOWN OF SOUTHOLD Deed dated June 4, 2008 Recorded June 10, 2008 Suffolk County Clerk - Liber D00012554, Page 024 SCTM #: Premises: Hamlet: Total Purchase Price: Parcel Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Zoned: Improvements: 1000-79-8-16 (parcel 1 of 2 - combined parcels now known as 1000-79-8-16.1) 10250 North Bayview Road Southold $2,604,000.00 $550,000.00 (per contract) Community Preservation Funds (2% land bank) Yes 2.0815 acres A-C In May 2008 - No improvements; wooded parcel SCTM #: Premises: Hamlet: Total Purchase Price: Parcel Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Zoned: Improvements: 1000-81-2-5 (parcel 2 of 2 - combined parcels now known as 1000-79-8-16.1) 695 Paradise Point Road Southold $2,604,000.00 $2,054,000.00 (per contract) Community Preservation Funds (2% land bank) Yes 19.8246 acres A-C In May 2008 - No improvements; wooded parcel looo- lq- d-16 • Parcel I o f Z DESCRIPTION LAND ~ The subject is a parcel of land having an area of 2.081 acres. It has an irregular shape with a westerly border of 522t', a northerly border with of 203±' of frontage along the southerly side of North Bayview Road, an easterly border of 709±', and a southerly boundary of 162±'. The above dimensions are taken from the Suffolk County Tax Map and the last deed of record for the subject. We have included a copy of the Tax Map in the addenda to this report. • Utilities (electric, water, and telephone) are available along the property's frontage along North Bayview Road. North Bayview Road is a two-way, two-lane, publicly maintained macadam paved road. Public water is available to the subject. Sanitary waste is handled by on-site septic systems in this area. The property has a generally level topography and is mostly wooded and in an essentially natural state. The subject is not located within a flood zone. The subject abuts a subdivision that is in the final stages of approval. In addition, the subject will provide access to some of the approved lots over a right of way easement. Land surrounding the subject is primarily vacant or improved residential properties. i GIVEN zc • DESCRIPTION (CONTINUED) .IMPROVEMENTS The subject is appraised as vacant land. /~ PRESENT USE AND OCCUPANCY The subject is presently vacant residential land in an essentially natural state. L~ C~ GIVEN 2~ essocinres • • _ ZONING The subject lies within the A-C Residence zoning district of the Town of Southold. This zone permits primarily a single family residential usage on lots having a minimum size of 80,000 SF. We list below the major requirements of this zone: Zoning District Minimum Width Setback Front Yard Rear Yard Side Yard (any one) Maximum Lot Occupancy Maximum Building Height A-C 175' 60' 75' 45' with none less than 20' 20% 2'/2 stories or 35' We have included a copy of Southold's zoning map showing the subject and a Table of General Requirements, in the Addenda to this report. GIVEN zz ASS~C IAIFS (pooo-vr'- 2-~ • Ta/cx~( 20~ ~ DESCRIPTION LAND The subject is a parcel of land having an area of 19.82± acres which has an irregular shape with an easterly border having 711±' of frontage along the westerly side of Paradise Point Road. It has an irregular southerly border running a total distance of 1,313t', a westerly border of 606t', an irregular northerly border of 1,481 t'. The property is in close proximity to, and may offer obstructed views of Southold Bay to the east. It is generally level, mostly wooded, and, for the most part, situated at or near road grade. • There are 3.56± acres of freshwater wetlands which are centrally located on the property. The wetland area was estimated based on a subdivision map filed with the Town of Southold. The above dimensions are taken from the Suffolk County Tax Map. Utilities (water, electric, and telephone) are available along the property's road frontage. Paradise Point Road is a two way, two lane, publicly maintained macadam paved road. Land use surrounding the subject is primarily vacant, or improved residential properties. IMPROVEMENTS • The subject is vacant land. GIVEN ~o as=o~~a.Es PRESENT USE AND OCCUPANCY The subject is presently vacant. ZONING The subject lies in the A-C Residence zoning district of the Town of Southold. This zone permits primarily a single family residential usage on lots having a minimum size of 80,000 SF. We list below the major requirements of this zoning district: Zoning District Minimum Width Setback Front Yard Rear Yard Side Yard (any one) Maximum Lot Occupancy Maximum Building Height A-C 175' 60' 75' 45' with none less than 20' 20% 2'/z stories or 35' We have included a copy of Southold's zoning map showing the subject and a Table of General Requirements, in the Addenda to this report. GIVEN A590LIAi ES 21. • C, P R O P E R T Y v I S U A L S ~~ ~. • ,/ • • 36 $ - 1B ' ~ 20.10 I.6A Y0.9 1.OA w 160 I e 19 m Y a 33 ~ .. ~ m 50 ? ..y ~Ii ~ `` -w4HO~ Iu p s 1s w, BAY V 13 e 16 a. °° a m ~! ~ Y~ „IL ' ~ ---~LSrwEUnc Ia ruvM: ~~ _ v l3 3 ,m ~ A 81 m, n ~ .. ~ e 9 z9 59 rv 2B Fps 55 21 . 86 ~ 5) w ~ ~ m . a ~ ,° ~, 0 ,~ w ~ ~ ~ t ~1 6 11.6 t 31.1 1.14fd ].041<I p , I5.] L q 1 I ou 1 t c 16.1 3 ~ a 0 ~ 0 61 ^~°1 I1; IJ 3 1.24(U x ~ 4 143 ~ I.lA 1 u` 14> ~ , 5 ' 12.1 e 2 Lpq Y u t ]3 1440:) 4 ~ 16.1 w 1.1414 D 63 ' PIAI aw 13.1 146 145 R1YEPgT9 1.]4(cl p 61 W 1 e ., ll ZZ •O O M Na t .. 1.1 F 6 6 ~ r W 65 66 Y LIAId y 1.141c1 1.1A1U 16.10 ~ 4B4 143 ^^' 1 'O ' - - °' IO . m a CRI ICHN SPattl INyI „ A0. ~ 83 51 ~~~ ~ - ~ a .. a=1 ~ , t 6 4 6 51 e 12.1 ~~ l1R 51 ~ "' Y 2 ~ J.1A u : C ~~~ ].BA 'w'Sg - 3 a+' Ym' Y {0 ai ' S8 Y 6 F1 1 m 8 .60 gYf w 55 ' m. Y 30.0[14 A rN 560 ~ ~ 62 l~n 121 d 1.91 12J 1.64 ~ BN •~ on ~ y t em 65 '10 w. o ~ a __ ~____ ENE u~ 66 ? ]I SEE SEC. N0. 066 °" 10.11 tO.B 1/3,11 I I z0.11 zsA 22A j V ]J.IA _ TAT 6 _ ci 1 V PLLg11L LaIO ig151 ui NI.l1 I B.OA r ~ i i a - N I $ I F 1.041c1 19 10.15 I 1> ]6.OA ran a ' E ~~~ F 19 I~ 2444) I a.,5 F 10.5 le.l I ].BA a ~ , 16 z.1A $ k 19.1 11.JA OB E6P PCL. W. SEF sEt. 6q. IJ ,, OB1-02-005 I~ 15.1 1J.1A -~ SEE SFC. N0. OBB ~4 s ~~ ' r ~oo.aoo Tax I~a~a Location V 4~ Zoning Map 1 M SUBJECT PHOTOGRAPHS ~(J(~~- ~9. ~, I b ~d7 ADDITIONAL VIEW FROM NORTH BAYVIEW ROAD GIVEN 4~ A S S O C I A T E S SUBJECT VIEW FROM FROM NORTH BAYVIEW ROAD SUBJECT PHOTOGRAPHS ~eUO-'~q , g- ((, X07 GIVEN 4~ A S S O C I A T E S STREET SCENE FACING WEST ALONG NORTH BAYVIEW ROAD STREET SCENE FACING EAST ALONG BAYVIEW ROAD • ~. S~/'~!D SOUTHO(D ~ , _ ..~ BAY sEf sEC. NO. iu c are xir]-1-- __ /i N n1rF. D. 28 ~~`~ .i xD.10 . - I.BA 20.9 , 2.OA i O 6 11 ]{ m ' E:a 16.11 ,`C /~ M1 STN 16.1 s ]0 x 16~ 1 1.eNc 20.11 20a ' 16.e ,psM' x0.12 x.2A a 221 Lx NCI 15.T 15.9 155 16J n ~ IJ.tA 4 - 2.]A IAA 2.JA 2JAIC1 ( ~ m91 ,,, m _ ~ _ e rccpuc uw .nus. z5 _ ~ ~ I 1 E 1c.¢' °' 9 a w R,. INSON w6~ "~ i ,.6 Leuci x0.11 11 6AA 2d11c1 26 15A1~ w 15.2 •. 24tu r~ 15.] 1 I6.1 .e 3.9A L1A " \5p~1 • 2,9~c1 1 16.2 r~ wo a Iw x, 21 19 Q~• LR ^P ~ 14I I a ~ LpAlel b 14> ~ - ... 20AId 11 21.1 Lp1 ' we 21AIC1 15AIC1 « 141 m ~ x1.2 g ! 10.15 I e I2 146 16AA ~ J m // 16.5 JGYN OF I A m ~ c S.IAId 15A¢1 O ~ m f spu]NOIO I\ 19 I 2.]Af<II _ 19.6 I~ ].]A w 6.10 6 1411 ' s.9A ~,,.~ g zo.s le.l _ wo. u.ai .6~i I ]JA g 19.] h w O 6.11 P O ^p .e, 1 2 f ].pA(CI lA 123 1.81 16 ~ 10AIC1 ti 2.11 _ e ' ~. Q. p 4` 1J.1 x2 "~ q tldA w 21 4 2 O iCN PCL Np. SEE SEL. NO. ~ 5 _ 001-px-pp5 ~ IS•5AIC1 1.2 2,21 i 12,J ,n 25.1 1.61 ° N ~ 2.1.1 u+ E O a. 4 15.2 26 "° IJ.2A ~ 2.2dd .w g ~ c Y11CH --~ U1E S SEE SFC. N0. 009 :J A Tax Map Location 5i ~, L~ 54 Zoning Map SUBJECT PHOTOGRAPHS f av D-~r_ Z_ Zd0 ~ SUBJECT VIEW FROM PARADISE POINT ROAD ADDITIONAL VIEW FROM PARADISE POINT ROAD GIVEN 52 A S S O C I A 1 E S STREET SCENE FACING NORTH ALONG PARADISE POINT ROAD GIVEN ~~ p 5 5 0 C I A T E S SUBJECT PHOTOGRAPHS ~~jv_ g~_ Z_ ~~ ?~UO'1 Wetlands Map ~~ a y `"~.~ ~~ m an Internet mapping site and .~ _. ~`' Legend CONUS_wet_scan ~ 0 ^ ~ ~ Out of range pr Interstate Major Roads Other Road ~y Interstate ~ Stala highway ~ US highway Roads ~ Cities l USGS Quad index 24K Lower 48 Wetland Polygons ~ Estuarine and Marine Deapwater Estuarine and Marine Welland ® Freshwater Emergent Wetland ~ Freshwater Forested/Shrub Wetland ® Freshwater Pond ~ Lake Other ® Riverkte Lower 48 Available Wetland Data Non-0igttal Digkal No Data Scan ., NMD Streams ~~, Counties 100K ~ States 100K ~ South America n North America Scale: 1:8,063 • < « ~ •• / L-W-DU YY /'L-"LJ-4U W 72-23-30 W 72-23-20 W Map center: 41 ° 2' 35.6" N, 72° 23' 38.1 " W wz~~r~oz~wzN~a • • ~~~~~~~ • Phase I Environmental Site Assessment Paradise & VJ Property I n cLr~reug The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Bayview, Town of Southold, County of Suffolk, New York. The property is located on the west side of Paradise Point Road, approximately 650 feet north of Cedaz Beach Road. The property is more particulazly described as Suffolk County Tax Map #'s 1000-081-02-5 and 1000-79-08-16. The subject property consists of a vacant wooded pazcel which includes wetlands in the central and wetlands near the southern portion of the site. Wetlands on-site are described in greater • detail in Section 4.3.1. No evidence of structures, foundations, staining, spills, stressed vegetation or other indications of environmental impact were observed during the inspection of the subject property. No Sanborn map coverage was available for the subject property. Aerial photographs from 1938, 1969, 1976, 1980, 1994 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The aerials from 1938 to 1969 depict the property as predominantly wooded land with a small cleared area in the eastern end of the site which appears to be occupied by a small grove of trees. hi addition, a small cleared area which appeazs to be part of a larger farm field is present in the western portion of the property and is noted on the aerials from 1938 to 1969. This farm field portion of the property appeazs to have been have left fallow in the 1976 aerial and is depicted as overgrown in the remaining aerials. The remaining aerials reviewed depict the property as it presently exists. The USGS Southold Quadrangle maps dated 1956 depicted the subject property as marshland. No Sanborn map coverage was available for the subject property. An extensive government records seazch found no potential sources of environmental degradation on the subject property. In addition, no Federal, State and County documented regulated sites were noted in the vicinity of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. • P~~i ~YCLSCN PO°E 6 V~MIS. LiC E-WIR'"Y`YVIENTAL ~ RANNIIyG . COVSIATIK- ~: ~ .~~, ~~ .. -~ !'r„ r '~ • ~ C ~ w~` t 1 ~ ~<.IP i `~~ ~~ ~ ~ .. '[ ' ~ ~) ,: -~ ,31 . j ~ 4`•+,~ ~ y ~ ~ ~~, ~. ~ , ~. c ~~~.~e --Jr~rM ~ ,vn~. k t,~ ~ : .>, ~ ,. '^ ° .~,. . ~` ~~` ,~, ~ ~ a ~ ~ f • e ~r ~~; k~. ,•t~ ~J ~ a s „ , ~ ~ ,r:.... k~ ... _~ ~ : r 1111 .{t. 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[ 'f ~ i.. 4 i ~ ~~t ~ M1.~ ` } ,_r .S ~~~%y' ~ 'fir -~~-~; ~ / i l±/Y~ ~• ,~'V" ?tea;: .~ ~ ~ ~ ~ • s :; ~f~ sue. ~. ~~~ r' '~ '~..~k "t" !,~ ~~~~~I ~~ -' F+ R~~ye .iV 'Fr. ~tjw ~~l ~~~~ ~~ 3 ~~- ! ~y-i,.': ~~ 1- ~~7f. ~ r ~~ r. ~ •>' 'yid., s _ ; T. ~ ~.. t S • . ~, ~ ~„r c~ '~ +" ~ ft_ ~~ y'~~i rC ~ Y i F~ i~i~ x R .v ~ j; t$ _..,~.~.~ ' ,rjt~" i' _. y'.. A!#i _ t'i S r_. ~~ ' f~!y" ~5 • t ' ° fir; :~~' ?~~ '-°~t~~:; ~~ •~,. . ~ ~ ~ ' '~ k ~ ~ ~ rr / 3 ~i l• ~ Imo.. ,tom `y~yr '~ ~ ~r~ ~'f' s' f. ~ , ` ~'" r ~ ~ ' :`' J ~ '~ .> r: ,. ~. :i;• . ~ r ~` - : `f ,.. Y i :~,',5'. ~*` t' ~` 7~ a x. w%~` r' ~• 5 # ~ i ,tK I ~ .. ~ ,~ ' :~.. r IPA ~ *.t'- -- ~ t 1 ~~ill E ,~~A , F~ ~ ~~~s~~ ~~ .,E~,r,.. _. . a~~T,~~ i~ n 9'v f' •=a, ice. ~j~ ~ - ,; ^}~;r. >' j~ r d - f'S .'~ .1~ .y +~" ~ . ' • ~~ __`` FIGURE 2 AERIAL PHOTOGRAPH Source: NYSGIS Orthoimagery Program, 2004 Scale: 1" = 250' ~~ Paradise and V7 Property, Southold Phase I ESA IIi~P~'~ii F r:.~ , r~ FIGURE 3 LAND USE MAP Source: NYSGIS Orthoimagery Program, 2004 No~TN Scale: 1" = 800' Paradise and V7 Property, Southold Phase I ESA R-40 -ao ~AC \ f / ti ~ ~~ r '- RR AC R-40 _- ~~,~ R-AO ,- ^ ~/ ~F,~ \ f J ~~~~~ ', R- 0 FIGURE 4 ~~~li ZONING MAP '_~,~ ~- ~ ,- ~~ . ~, ,,, Source: NYSGIS Orthoimageiy Program, 2004 Scale: 1" = 800' o.K.~ .~+c uRw r ~ .; s~ . y„ R l nr. C~+sefr M R~drnMl law DaM-~ A R l Dw C~+~Mtr 5 R+~M'MM low UMM~ C R~~I low O+~My d ++.~xc t)«+.~trr RwOnAtl a.~.e~.nw~0+k. t,.,~,. a~,.~... ~,«-.~~ e,,.~. ~~ w~+. a Paradise and V7 Property, Southold Phase I ESA ._ Tratz Bc ~•~ ~ C '~ ; ,., ', Reydon F ,.~ Sho P!B ° ~^ ~ Bc .. ~.~ P RdB ~~ PIB Tm~'~ F C ~ i aB RdB `~ , ' ~ e RciA o~ G ~ y GQ P FA `PI B ~ ABC PI B a _. --~ Mu Q~ ~ K AE Rd8 t~ V 1 ~ x °~ ' ~' ~, c.. ~ ~ ~~ a p' CpE ;' ~d. - ;' .. ~, ~Rd E ~ ' R d B --~ ~ ` Mu Rd NaA Rd B '. - , - ~ ' a ~ .G ' ~ ~ - RdA ~' ~, d Rc~A S~ ~F~ ~ ~ ~° - -. ~ ~~ _ ~ IHaA RdA Ri;~ C;eclur +~ , RdA ,~ Beclc-h m - ~~ . m ' FIGURE 5 Paradise and V] Property, Southold ~~~I' SOILS MAP ' ," k ~ • N - ~ •= Source: Suffolk County Soil Survey NORTH Scale: l" = 800' ~ Phase I ESA t1 I ~ -- ~~ 1 r ,+ \, , ~~t{l~ 'J. ^f f i f~ .l ` ~~ } , I ~ f, ~i_ ~.., t ~ ~~~~yy l ~YY•~ ~ `~t~._... i •~ _~~ ' V _ .~ ~1, ~ ~,~ , t ~ ~) '~ Ii _ _ ,` -' t, _ ~'~~ ,, _ //f l Y _J~1 ~; _ ~+'. t I / "' r \, II r,.k,~ `~1~ ,j ~~~~ '(~r'~ ~ , i~ IIiP~'~ii AFT = ~ j 1 I1 ` _ 4• ~: ~, ~ - ,;' _ :. ~, ~ . ~~ , C ,'~ t :~~1 ~,~ •'4 ~_ +~ _ ' ii11 ' 4 P~ -~ ~ .~ Iy .~ ~ i Ir :~ . .,rJ~' ~ • ti . I ~ ~• f .~~ , - -- ~- ~- - - = ~~ -- - ,~ ECG ~~?• J ~. i i~ r' • t ~ i; ~ FIGURE 6 Paradise and V) Property, Southold TOPOGRAPHIC MAP Source: USGS TOpograhic Quadrangle, Southold Scale: I" = 800' Phase I ESA t~Jy~a 1 "~ ~' SLI+ U O ~.~ ~~S16783 ~ / 2.87 ~ F~ ~ " ~~ ~~, ~ ;r ,~ ~r ;:_ ~~ ~~ ~- 55208'`; ~~~ `~~~ ,,;, ~ 2.76 ~ ~~ ~ C + `~ __. `~ `' ~. ,! Q3.92 . ~ ! ~ I . . ;~ , ~ ~, 516780 ~,~ (_`• % " ~ ~` ~ ~~ ~S'~~ I1 THUI_D ~'~ ~ ,~~;:,~ 5; 37 r~ ' -,, - j . __ ._~ _ _ ~~ ~ ,~ ISL~'~I~,.--~~~ .SI iF.l.7'F. K : ~~~ S.iH(~c~ Approximate ,,,. Site jLocation ]~ ~~ <. y ~ti~~~ ~h r, 1 !' O ~~ CL 1 \` 551 I3~~ }. \ 4 ~.4E •~. ~~~'~ ~ ~,~, BAY ~~ ~~~ LI TTL,~ ~~~, ; ,. C~ , ~~ ~~ ~~~ ~~~~ G,t, PEC~NIC` o- ,~~~ , ~,J <-; - ~_...,~ ~ . ~ ; L.~-~ 58844 j 0 . 4!. ~ 5.76 Bf~ ~ ~, ~ ~ so r Q 6 ~ , 3Q 7369 15. u. ~~ _ . 4.4 ~ O `1~ O 55896Q ~~ '< 548528 Q22°40 ~`r~' 38.6 Q ~` S8833 58959 ~ 5465 ,15.32 16.32 19.99 j 533921 ~ .. j i S5 ~ 8 17.37,Q j 1 27.48 ~ ,> ;~' ~,`--`-~,, 1 562393 ;O FIGURE 7 Paradise and V] Property, Southold ~~~if WATER TABLE CONTOUR MAP ~~ s _ Source: USGS Water Resources Investigation Report, 2002 NORTH Scale: I ~~ = 8,000 Phase I ESA C~ - -__ o~R / ~ ~`~ 1 1,~- m fr ~ n • ~e ~l r ~ i- ~I ~~~~ e o ` .AYE , ~ t ~ ~~ae i D o'~ ~ n 1 ~ ~_q~ a `~ M 7 0/ d Q h; e ~,. ¢ poalo Quo ~r _` c O~ C.r°, qe S,5 / ~ ~ ZQ~ E y o 4 1. 0 4 y ~~~E - U~^t»°_ra-Jt <_c~M Q ° - ~~ t -~( ~ ~ ~ ~E .a 2 2 c Gtto u' • b cwA' ~ ~ Btoaal-C ,, r ~= ~ i ~ ~ to ~ T 4: 40 \ 0 ~i oti io e ~ ~~ ~ ~ : 4 ~ i o rsa D ~Li O y a m a ~ a ~ - ~ DCI~ ~/ f d q ' qI ~ ~ ~~\ ~ 0 ~ ~~~J 6jD~,n~ ~ 0 ~ ' ~__ _ FOA7 ~t_ \ ~~ 1 ~ S jlE~i aD• u ~ ~ .`, rte` -~-.~.4« tZ° 82oour-awn h~ ~e~ ~ ~~ 15I r~ 1 f/ I V 1 C~ x t1~. UO-o0y _t Lam. `1 ; l ~ 1 ~ ! If I 1 V /(( f ~ ~~' jr \~' O cwc~-~tx ~t ~ t 1 ~ ti ~ ° r ~' . ' Y~~ ~~• ~ \ \~° ~ %" I ~__ a ,% _ / o .~° ~ ~` -~.-~ a o ~ /_ ~ V ~ sr~ztas-cam ~ ~ l NEALN RO.,b t-w. r. f 1 ~~• ~ ~ - ~ r/J ~~ ~\ ~`p~_-ylr r ~t- 9 ~ F12COJ!-tl YP 3 / ` ?0 1 emu: ~ -i ~ ~ v _'``~ ~~ Lj1ct-°J2 nzen~t oe:l ~ ~ r ~ ~ :. ~ I ~" _-~1e- ~r-r C L 7~`. J IBC ..=1' 62nn O1-D3! / ^ C I~6 lj~ ~ / ~" 9to~e ~J~~~1- f°-r/r-e.r ~ 02vo~/'a 1'__/^~~~ ! SAL n t9 ' ,# .. ~ .f .vgtN Ba YVtEW •S'P. ~ M_Y B~tla - ~' ' / ~,~ d ; ~ t<EC[ r=to, Ta-.P S:.t, ~ V i "E ar_ ~~ 5 }.D1 24C ~[ 3 ~._ `" ` ~ ~ ` ~y° ~7FSERVO lT ~Sr ut/n G,ei. c^-~``'~ ~~ROgp ~ - r {~ r y!4 ~~,'°, fr:.~'R~} r " v ~~~ ^ •1-~ `~ > ~J ~ ~ c~ ~ T i. a ` t s ~ ~- ~~ r ~ ~' Tr~ i a 4 i f ,~ u i ~ ~ ~~ o ~ -~ ti 4/ ~~ ~ ` 4' C._ a r:y p Ec v. Y e y~ Y ~'~tt Q- f '~ c Esr / V ` r- ~r L ,.S p 1-~ c,. p+-'~S _tp no b l V~ [ '~ ~ \\ 1f''_- L,4Q Paradise and V7 FIGURE 8 Property, Southold WATER MAIN MAP ~~~ii ~~~~, FEE F „«»,..« ~ ~.,~~.~. ,~~,...~. ~~..~,~«~,.,_,,,~-._ ~,_ NORTH Source: SCWA Distribution Map Scale: NTS ~ Phase I ESA i~ « - ,k. -.~~~~T -~~rr.~~ s•h.44~ ~. ~, - i 'r~m ti ~S~w~ - ~ ~ti. r'1 -~r ~ .~ Cry' ~~°4 ~ ~~~ t) ,*~ ill ~ .. ~ 4'_ ~ ~e "`ryYi ~rLhg~+n t.. ~ ti "~ i~ ~~-,~~~ ~ F ~"~_-~u ~ty`'ty Ld. `,,r ~ i'~ ~,:,..f { <~SC~'T ~ :-y ~[ tr <y ~ 4 ~ ~ r y a Y x > ^'k~ry `i ` < r ~' v J 'd } } . ~~.~' ~ ! ~~« - ,r~z iii .+ i~ ~,,~,, ~ )~4ti t ,t~`~~l {N ti,lY. r.~j.~`l~>I y `~}, ~. ~. t ry ~~ ~~ ~.~ ~~ ~ r ti. ~~. • c J Y M ~ .- • ~ \K~ Yom', ~.,: ,~ .x: ~ a.,;'i ~ a ,~* ~ • •. ~ * *4 a .? ;g; ~ .,-:_ ,-~.:. -~ *'• .f, . ~- ~ ~ ~ ~} ~' , R,. ~ ~, *. s ~ t ~' :. ,.~ ~,,. ~ <. ~ • _. ~. ~, ~. • f 1~''~ :.. ,4 s :~,. ' f} - . ~>. . M . ~~ - - r~ L ~ ,. f - ~ '' L ~% ~ ~ ~' ~ ; ..r ~ J ~ FY of QQ 1 `` S ~ , ~ qC~ '~ R ~ < • ,,; ~ r .~ ti "~ _ i :•Yf.~ • • ~ a t7 Li • • `~~s •~ ; s~ ~ . --,~ ~ ~ .. - Joao , ~> ~ _ .~. . .. ~ .. .. _ . r. { ti S. ~ ~ - ~i~ll~~~ ~~~ ~ ~~ _ ~ r ~ /p. _yt..~ ~~ ~.t wit •~. • M » y ~~ . •, '-: ~ ~• ~ - ~ r ` FIGURE 9 Paradise and V] FRESHWATER WETLANDS MAP Property, Southold ~'~il i~~=_~ aocc s •~ooa.+~s :-~c NORTFI F,.~~~~~..:~~,=~,:T: ~ ~ ~~F.,,::.~-~~ • ~~>:~~ ~ - Source: NYSDEC Freshwater Wetlands Map, Southold Scale: l ° = 800' Phase I ESA i ,~/-~ ~~.ti ~ ~ J , i» T~ s 1 M~'` r + ~ti_ 4 ~''w ir~w~w. ~~ `- ~ r _ h .. a :, _ u, ~ _ .., .. t ~ ~ , r % '. i•~ _ ., wa; .._ .1 _ .. ~~ ~: 4c ~ 'S~ ~ ''' •.. ~ •~` a ~S ~ f ~~ t~ ~ ~ Y ~ 4 K 7 . ~ ~~ '.a ~- i rt - . i, , ~~ ~ ~ 2 .o-~ y~ P w f ~ ti ~~ 9 r 'Y -l MI/ - - _ y r. ~ ~. .. 1F ~ - - . ~' ~ _ a _ i• 7 ~; _ 4 .: t t. • f ' i . , .. ~'' ~ I a .~, ~. - - ~ is ~ r -~ " ~ ~~~~ ^ _ , ~• - + .. r. ?. .~ - _ .t _ . , S ~ - ~ ~ « "' .i y,' ~ ~ ; 1 " AA"-- .. . : • `'~ I 1• ~.. I ~~ . _ - .,fir ~~~ ~~ _ ~~ _ _ ~ ., -_ '~~ .} ~ t ~~~ . .. r •• i + - - ~1 eX. ._` ~_ . FIGURE 10 Paradise and v~ NATIONAL WETLANDS Property, southoid ' ~~~~~ INVENTORY MAP ~~•~ ~ F~~E e :•x~F„ ~ . NORTI t - ~~~A r~~.~F~~~.-,.. a~-.~~,:~ :-``_ _..~-;. ,, ,:~,:. Source. National Wetlands Inventory Map, Southold Scale: 1 ° =goo' ~ Phase I ESA lil .T O Q `~ O r, 1 BP.YVIEYJ ~~ ~,I o a ~~ ZONE X ZONE X 8EF ~- x zoNE x r aPgN ~~ ZONE ZONE ono ~X ZONE X %" i Paradise and V7 Property, Southold Phase I ESA n ~~ • • .- ~ o~ yam. ~ ~.,r.~„y __.._ I ~ _.._ _.-..~ ~ Sites at elevations higher than or equal to the target property - Indian Reservations BIA r • Sites at elevations lower than ` Oil & Gas pipelines I~ the target property ~~ i , 100- ~ ear flood zone f L Manufactured Gas Plants i~._~_1 y ~ National Priority List Sites ~~ - 500-year flood zone Dept. Defense Sites National Wetland Inventory State Wetlands SITE NAME: Paradise and VJ Property, Southold CLIENT: Nelson, Pope & Voorhis LLC ADDRESS: 695 Paradise Point Road CONTACT: Marissa Da Breo Southold NY 11971 INQUIRY#: 2213017.1s LAT/LONG: 41.0411 / 72.3947 DATE: May 06, 2008 12:56 pm Copyright ~ 2008 EDR, Inc. rL 2007 Teh Atlas Rel 0?!2006 OVERVIEW MAP - 2213017.1 s DETAIL MAP - 2213017.1 s ~ ; f ;; ~~ ~ ~''~ 'l ~" ~~ r /' I y5" X~ /'~typ / D I~I ~{ _ ~'i r ~::~' ~ ~j 'oi r , m ~~ ~ 4 /i `~ Y ~J Y' r~ ~ ~ I i~ ~ ~Y f ./ 1 , l `~) 'p,;' ~/ - .Cedar Beach Rd '~ ~~ ,' ,' ,~~,' A 1 /1 R 1/d 1 /d i• NBayvicwRd J '~ jr '%' ,' -____ , r ~ ' ..,,~., •y = ~ ge, - .F' .' - i ,. • x iaiyCarwNciry • Sites at elevations higher than or equal to the target property • Sites at elevations lower than the target property 1 Manufactured Gas Plants r Sensitive Receptors National Priority List Sites Dept. Defense Sites i _ Indian Reservations BIA ~~ ~ Oil & Gas pipelines t00-year flood zone 500-year flood zone National Wetland Inventory State Wetlands ti'r SITE NAME: Paradise and VJ Property, Southold CLIENT: Nelson, Pope & Voorhis LLC ADDRESS: 695 Paradise Point Road CONTACT: Marissa Da Breo Southold NY 11971 INQUIRYli: 2213017.1s LAT/LONG: 41.0411 / 72.3947 DATE: May 06, 2008 12:56 pm Copyright &+20DB EDR, Inc. ~, 2007 Teb Atlas ReL 07!2006 SSURGO SOIL MAP - 2213017.1 s • j ' - / „ 4 1 5 8 ~ ~, .1 S' 2 3 ri Target Property SSURGO Soil Water SITE NAME: Paradise and VJ Property, Southold CLIENT: Nelson, Pope & Voorhis LLC ADDRESS: 695 Paradise Point Road CONTACT: Marissa Da Breo Southold NY 11971 INQUIRY H: 2213017.1s LAT/LONG: 41.0411 / 72.3947 DATE: May 06, 2008 12:56 pm coornamo zooa eoe, mc.®zom isb ntbs eel. mrzooe. V mb Ltl l/O Milc' I • C7 ----~-1---..__., ;~\/ Major Roads ~- r , Contour Lines + Groundwater Flow Direction ~ OO Earthquake epicenter, Richter 5 or greater ~ ~!' Indeterminate Groundwater Flow at Location ; Q Water Wells ~_~_% Groundwater Flow Varies at Location © Public Water Supply Wells O Closest Hydrogeological Data • Cluster of Multiple Icons • Oil, gas or related wells r SITE NAME: Paradise and VJ Property, Southold CLIENT: Nelson, Pope & Voorhis LLC ADDRESS: 695 Paradise Point Road CONTACT: Marissa Da Breo Southold NY 11971 INQUIRY;+i: 2213017.15 LAT/LONG: 41.0411 / 72.3947 DATE: May 06, 2008 12:56 pm Copyright ~D 2008 EOR. Inc ~ 2607 Tale Atlas Rel ~?/2005 PHYSICAL SETTING SOURCE MAP - 2213017.1s A P P R A I S A L R E S O L U T I O N _ _ LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, October 16, 2007 at 7:00 p.m. Members Present: John Sepenoski, Chairman Lillian Ball (left 9:37 p.m.) Chris Baiz (9:47 p.m.) Ray Huntington Monica Harbes (7:21 p.m.) Eric Keil (7:46 p.m.) Members Absent: Michelle Zaloom Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Tim Caufield, Vice President of Peconic Land Trust Al Krupski, Town Board Liaison (8:03 p.m.) Commencement: • The meeting began at 7:22 p.m. with four LPC members present. DW-WPi—.fvaV OAOPf e d [0116 f 6-� UC mkt WtWA eA • PARADISE POINT HOLDING CORP (Tall Pines subdivision) PROPERTY SCTM #: 1000-81-2-5 Zoned: A-C Location: 695 Paradise Pt Rd, Southold CPF: Yes Total Acreage: 19.95 acres Subdividable: Yes Fwet: 3.83 acres SCTM#: 1000-79-8-16 Zoned: A-C Location: 10250 N. Bayview Rd, Southold CPF: Yes Total Acreage: 2.08 acres (GIS 2.15 acres) Subdividable: NZ Update re: Town Board meeting. Melissa's staff report dated 10/16/07 distributed and reviewed. Project for a conservation subdivision was first presented by landowner to LPC in 2005 and LPC did not proceed with an appraisal as members were not in favor of layout of the conservation subdivision. Landowner then applied to Planning Board for a standard subdivision which is now in final stages of Planning Board review. Petition to preserve property presented to Town Board at 10/9/07 Town Board work session. On October 9, 2007, landowner submitted an application to LPC for fee title acquisition to both lots. MOTION made by Lillian Ball, seconded by Monica Harbes, to direct Melissa Spiro to commission an appraisal for fee title acquisition to both parcels for open space preservation purposes. Motion carried: 4/1 (Ray Huntington) Chris Baiz absent from vote. Southold Town Board - Letter Board Meeting of April 22, 2008 - `FW, RESOLUTION 2008-413 Item # ADOPTED_ DOC 1D 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 Tuesday, 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. Generated April 24, 2008 Page 57 Southold Town Board - Letter Board Meeting of April 22, 2008 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Krupski Jr., Wickham, Evans, Russell ABSTAIN: Vincent Orlando Generated April 24, 2008 Page 58 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 Tuesday, 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 i 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 Roland 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 Tuesday, May 6, 2008 at 4:35 m Southold Town Hall 53095 Main Road Southold, New York as the time and Dlaee for a public hearing for the purchase of the properties owned by Paradise Point Holding Corn and VJ Development Corp. Said properties are identified, respectively, as SCTM 41000-81-2-5 and SCTM 41000- 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 Sanity 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 i 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 Suffolk Times, I have a notice that it has appeared on the Town Clerk's bulletin board outside there. And a memo from Mark 'ferry, the LWRP coordinator dated May 5. `The proposed acquisition is for 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 therefore 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 Tall 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. I 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 all 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 be developed by the Town Stewardship Group for this property. The Town, County, Peconic Land Trust all have other preserves in this area and the long term plan for 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 for preserving their property. 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 for us to work on. Thank you. Paradise Point Purchase Public Hearing 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 I very strongly urge that we try to preserve it and the only thing that I 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: Than!( you. Mr. Wills? FRANK WILLS: Prank 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. Congratulations. SUPERVISOR RUSSELL: 'Thank you. Would anybody else like to come up and address the Town Board on this acquisition? DOUG HARDY: Doug Hardy, 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 RUSSELL: Thank you, Mr. Hardy. Would anybody else like to come up and address the Town Board? BENJA SCHWARTZ: Evening. 1 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 ways 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 the one, could 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 for affordable 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 affordable housing. Or if someone wants to buy the sanitary flow credits to create an accessory apartment that is affordable. 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 affordable rental apartment over that particular property. It cannot be used for the transfer of development rights for any other purpose. It has to be used for affordable housing only in AHD, affordable housing district. MR. SCHWARTZ: Thank you forthat, SUPERVISOR RUSSELL: Thank you, Benja. Would anyone else like to address the Town Board? JOHN KENDALL: John Kendall, Southold. 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 future 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 transpiring in the future. SUPERVISOR RUSSELL: Allison? ALLISON MAHAFFY: Allison Mahaffy. I just want to say thank you so much for this, this is such a great thing. I live 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 full of kids and just to have some open space for them and for me. I am so thrilled. I am so thrilled with the owners, I just, it is beyond words. 'fo 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. 1 want to say thank you to the Land Preservation people, too. Thank you. SUPERVISOR RUSSELL: Thank you, Allison. I have to tell you, when I was, when this was going through this year, Allison said you have got to get out, you have got to walk this site. And 1 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 properties out here as an Assessor for some many yeaus. There is just absolutely nothing like it in Southold. Paradise Point Purchase Public Hearing 5 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 RUSSELL: Ycah, it sits in a bank. MS. SHINE: Por affordable housing. Does that money jump back into preservation? SUPERVISOR RUSSELL: The 12-5? Yes, it does. We are capped out at what we charge because the goal of that sanitary flow is to create affordable 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 defeat the very reason for creating that bank. NIS. SHINE: And that money goes back... SUPERVISOR RUSSELL: That money goes back into preservation. MS. SHINE: Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? ERIC HEACOCK: I li, Eric I-Leacock. I just want to thank the Miller family and Vincent Orlando and the Town Board and everyone who has put effort into making this possibly happen. I think it is a really a good thing for the town and for everybody. I just wanted to come out tonight and say thank you. SUPERVISOR RUSSELL: Thank you. JOHN ABLE: Hi, t am John Able from Southold. i would encourage the Board to support this resolution. I live in the 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 Great Hog Neck and it is a vital thing, I think, to preserve and I am very happy with this agreement and 1 think there is an expense but 1 think it is an investment for the future and the future of the Town 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 Purchase Public I]caring 6 May 6, 2008 HEATHER CUSACK.: Hi, 1 am Heather Cusack. I just want to support what everyone else said. It is a unique and beautiful piece of land. I 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 for 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 Preservation and the Town Board. Thank you. SUPERVISOR RUSSELL: Thank you very much, Heather. Anybody else? (No response) Can I get a motion to close? * # * Y k Eff-/abeth A. Neville Southold Town Clerk • • S E Q R A R E S O L U T I O N • Southold Town Board -Letter (~~? ~~ RESOLUTION 2008-498 ADOPTED Board Meeting of May 6, 2008 Item # DOC ID: 3830 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-498 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2008: ~J • WHEREAS, the Town Board of the Town of Southold wishes to purchase properties owned 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 21.9071 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 Pazcels 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 'T'own 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 SEORA Rules and Regulations for this action. ~j • ~-4'. ~' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [S TO 0] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Krupski Jr., Wickham, Evans, Russell ABSTAIN: Vincent Orlando • Generated May 9. 2008 Pagc 57 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only • PART I-PR07ECT INFORMATION (To be completed by Applicant OR Pro~ett) Page 1 of 2 1. APPLICANT/SPONSOR: Southold Town Board 2. PRO7ECi NAME: 3. PROJECT LOCATION: t( r County: 5 Munici ality: ~~~ ~~ k ~ p ~ . C? 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc, or provide map) 5 /n'a'IooO_79-5(-Il r (ooo-gt-i-S ~to25~ No.Th$ ; Y> ~ .,(e w f.45 P tj:ye \ \ 2c. ~.r~ ~ 5. IS PROPOSED ACTION: ~ ~ Modification New Expansion 6~CRIBE PROJECT BRIEFLfY: (~ ~ uwn (J/ff~a5~ o-t bo~. ~4fC2~S COQ p(~C./~ 5(Trn c-P ~ot PoSPS AMOUNT OF LAND AFFECTED: r7 . / J7 INITAI LY ~ 1, yD7 acres .ULTIMATELY o~ Q acres _ _ _ _ __...... _____.__ __...... _- ___~. r 18. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ No if No, desalbe 6rle/iy Yes 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~'. ~~c r- r r ~ r ' rc/Forest/Open space Offer Residential Commercial Industrial Agrlcvllure Pai A Describe __.____. '• 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL ~ AGENCY (FEDERAL, STATE OR LOCAL)? pp 11 ~~ ~~ No lfyes, list agency(sJ and pemriUapprovals Yes i f .~-._."_ _____-_ - _._._~ -. _-.._._- -_ _____ ...... ___._- -___- ___'_. s il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~~ Yes No l/yr_s, lS[agenry(s)andpe:miUapprovals 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMTFJAPPROVAL REQUIRE MODIFICATION? Yes No '. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ,, i~ ~,,,,~, , ,~ ~ ilan,r ,~,I~s~p 5~ ~~ , c~,~P.~ ~_ i~~,., ~s oB t I( the action is in the Coastal N a, and you eye a sta tr agency, complete the Coastal Assessment Farm befo rc prO CCCdIII J VJlth ti115 a55('SSm CUI • • PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 Yes No If yes inordinate the review process and use the full EAf B. WILL ACTION RECENE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? n Yes No If no, a negatlve dxlaration maybe suspended by another involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) CL Existing air quality, surface or groundwater quality or quantity, noise levels, existing baffc patterns solid waste production or dlspgsal, potential for erosion, drainage or Gooding problem? Explain brieFly: /V f7 C2. Aesthetic, agriatltural, archaeologial, historic or other natural or cultural resources; or community or neighborhood character? F~cplg`n brieFly: 0 C3. Vegetation or fauna fslres shellfsh, or wildlife species, slgnifcant habltatr, or threatened or endangered spedes7 Explain brieFly: N I~ C4. A community's existing plans or goals as officialPy adopted, or change In use or intensity of use of land or ocher natural resources? Explain brie(iy: CS.,Cjrowth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: ~V ~ C6. L~~o~~ng term, short term, cumulative, or other eKects not identified in CI-CS? Explain brieFly: i~ C7, Otherimpacts (Including changes in use of either quantity of type of energy)? Explain briefly: I.. - --._..~ ---_._._____._.__.__ _._- _-_-_-_-- D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONM ENTAL CHARACIERICS THAT CAUSED THE ESTABLISHMENT OF A CEA7 Yes No tE~-.~IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? !~~ Ycs~ No j PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) li INSTRUQIONS: For each advei se effect identified above, detrimine whether it is substantial, large, or othen,isr' significant Cach effect should ~ be assessed in connection with its (a) sclbng (re. urban or rural); probability of ocairnny; (c) dmaHon; (d0 irreversibility; (e) geographic scope; i and (f) magnitude If necessary, add attachments or refer encc supporting materials. Ensure that explanations contain suff~ent detail to show that all relevant adverse impacts have been identified and adequately addressed If question D of part II was drecked yes, the determination and si niflcance must evaluate the otenGal im act of the ro >osad act 1 ~~ ~ p ntiGed one or mrne Inrtc ntiall Ion on the environmental characteristics of the Cf~.. I ~-- Check this box if you have ids { y large or significant adverse impacts, which may occur. Then proceed du ectly to the FULL ENVLRON MEfNAL ASSESSMENT FORM and/or prepare a positive dedarabon. ~, Check this box if you have determined, based on the infonnauon and analysis above and any supporting documentation, ~' I Heat the proposed action WII1 NOT result In any significant adveac environmental impacts AfVD provide on attachments as necescaiy, the reasons supporting this determination ! so~~tS~__~ o~_3og2\ - - _ -- C 1, l ..,,: c(6tc~Agenc~ _..-..Xo~T_ _ >_2 S.S4.\~ _... _ ___.__. ~o/i~/y~~rn~~ ~ca~PC J. SoS- Print of ty ame of kr spo _ble C1lTicc r m l ea 1 Age n y ~i~ ~~' -~- of~onsiLle O(Ge er ~_~ _ _ inr aturo of Res onsibla O(Gru ui Lead A r ~n ~ Sign slw ~ of prepare of di( .rent hon of responsible officer) • A-~+~~L~`~~~W ~W~OW~F-~~-+Oz • • • Southold Town Board -Letter ~~a~ RESOLUTION 2008-499 ADOPTED Board Meeting of May 6, 2008 Item # DOC ID: 3831 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-499 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 6`h 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 21.9071 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 21.9071 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 of a 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 "Town 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 "fown 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 uurchase the uroperties owned Paradise Point Holding Coru and VJ 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 arc 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 21.9071 acres of the Generated May 9, 2008 Pace 59 • C~ 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 21.907f 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY ,~'~OF SO(/Tyo~ ~~' ~ ~~Q~ ~~y00UNT'r,~~" MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 831 785-1938 Fax: 831 785-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board Melissa Spiro, Land Preservation Coordinator From: Mark Terry, Principal Planner LWRP Coordinator Date: May 5, 2008 Re: Proposed purchase 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 21.907f 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 21.9071 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 reconunendation. ~'~ ~~ ~~'~i~~C~G`u~C~ ~ , -~ iii ~ i 1+ MAY - 5 2008 ~ DEPT. OF LAND PRESERI~ATION • • C L O S I N G S T A T E M E N T r, 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 (6/3/08) Payable to VJ Development Corp. $ 550,000.00 • (6/3/08) Expenses of Closing: 2007-08 Real Prooertv Tax Reimbursement Payable to Paradise Point Holding Corp. $ 2,910.58 (6/3/08) Bill #9833 (SCTM #1000-81-2-5) _ $ 5918.17 180 days @ $16.1699/diem Payable to VJ Development Corp. $ 591.98 (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 (1/2/08) SCTM #1000-81-2-5 = $ 2900.00 • SCTM #1000-79-8-16= $ 1300.00 s rvev Payable to John C. Ehlers Land Surveyor $ 3,250.00 (6/3/08) Environmental Report- Phase I ESA Payable to Nelson, Pope & Voorhis, LLC $ 1,400.00 (7/15/08) Title Report Payable to Peconic Abstract, Inc. $ 10,963.00 (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 (6/3/08) Those present at Closing: Vincent Orlando Tracey Orlando William C. Goggins, Esq. Mary C. Wilson, Esq. Melissa Spiro Melanie Doroski Stephen Spanburgh $ 100.00 Seller Seller's spouse Attomey for Seller Attomey for Town of Southold Land Preservation Coordinator Land Preservation Sr Administrative Asst Title Closer • Ok FICE AllURESS: TOWN OF SOUTHOLD OFFICE HOURS & PHONE s5 RoC'rti: zs - F.o. Box 1409 CONSOLIDA'PED REAL PROPERTY TAX BILL mloN-FRI a:oo AM To 4:0o Fm THOED, NY 11971-0499 llECEMBER 1, 2007 -NOVEMBER 30, 2008 -TAXES BECOME A LIEN UECF.MRER 1, 20U7 631-765-1803 FAX: 631-965-, 139 • • r r r r IF THE WORD "ARREARS" IS PRINTED HERE SEE • COUNTY TREASURER'S NOTICE j 473889 81.-2-5 610 ON REVERSE SIDE. 1 O 9833 ...• - - 695 Paradise Point Rd 19.82 311,084,310 2,693,85 .. ., .,. . 321 1 Abandoned ag Paradise Point Holding Co 51020 Route 25 Southold, NY 11971 12/04/07 5, 9C . . Paradise Point Holding Corp, rr. •r •- ASSESSED VALUE 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 wlsicN 1.00% of IT S: 590,000 LEVY DESCRIPTION LEVY % TAXABLE VALUE TEx 1"°TO c om vnlon"viae TAX AMOUNT TOTAL TAX AMOUNT Southold School 68.37%Q 5,900 685.806 6.30% 4,046.26 Southold Library 2.19% 5,90b' "21.y64 4.60% 129.59 • o • ' • • 4 175.85 Suffolk County Tax 1.70% 5,900 17.0971 8.30% 100.87 ~ ~ 1.70% • • 100.87 Southold Town Tax 20.92% 5,900 i'. 209.801 9.00% 1,237.83 ~ ~ 20.92% • ~ • 1,237.83 NYS Real Prop TaxLaw 0.41% 5,900 4.077 -57.90% 24.05 Southold FD 4.99% 5,900 50.010 8.00% 295.06 Waste Water District 0.00% 5,900 .033 -82.20% 0.19 Solid Waste District 1.42% 5;900 14.292 20:90% 84.32 FIRST HALF TAX 2 959.08 SECOND HALF TAX y 959.09 TOTAL TAX LEVY - 5 918.17 DUE DEC. 1,200]PAVABLE WITHOUT PENALTY TO JAN.f0, 2008 SEE REVERSE SIDE FOR PENALTY SCHEDULE. DUE DEC.1,20W PAYABLEWITHDUTPENALTV TO MAY 31, 2008. SEE REVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS SIDE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE. • CE ADDRESS: 5 95 ROU'14: 25 - PA. I30X 1409 SOUTHOLD. NY 11991-0499 473889 79.-8-16 10250 N Bayview Rd 311,084,310 311 1 ~ Res vac land Vj Development Corp Attn: William Moore Esq 51020 Route 25 Southold, NY 11971 • • t IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE j 610 ON REVERSE SIDE. 2.08 12/04/07 Vj Development Corp, OFFICE HOURS & PHONE MON-FRI 8:00 AM '1'O 4:00 PM 10 I 9688 ••. •• .- ASSESSED VALUE RATIO 100%OF FULL VALUE First Half: 9679 $575.18 12/26/06 w cR Second Half: 9679 $575.19 5/7/07 1,200 S 1.00% of Ir s: 120,000 LEVY DESCRIPTION LEVY%^ TAXABLE VALUE n'ex Aoa rnL M~ioAVa TAX AMOUNT TOTAL TA%AMOUNT SOUthOld Sch001 68.37% 1,200 685.806 6.30% 822.97 ~uthold Library 2.19% 1,200 21.964 4.60% 26.36 ~ ~ o • ~ • • 849.33 Suffolk County Tax 1.70% 1;200. 17.097 8.30% 20.52 ~ ~ 1.70% • ~ • 20.52 Southold Town Tax 20.92% 1,200 j 209.801 9.00% 251.76 • ~ 20.92% • • 251.76 NYS Real PropTaxLaw 0.41% 1,200 4.077 -57.90% 4.89 Southold 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% 1;200 14:292 -20.90% 17.15 ~ ~ • ~ • ~ ~ 82.09 FIRST HALF TAX 601.85 SECO ND HALF TAX 601.85 TOTA L TAX LEVY - 1 203.70 DUE DEC.1, 2DO]PAVARLE WITHOUTPENALTV TO JAN.10.2008 SEE REVERSE SIDE FOR PENALTY SCHEDULE. DUEDEG t,200]PAVARLEWITHOUTPENALTY TD MAV 31, 20x8. SEE REVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS 510E fOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE. 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 Please make check payable to: GIVEN ASSOCIATES, u_c. File No. 2007386 Description Appraisal of Real Property of Paradise Point Holding Corp. Located 695 Paradise Point Road Southold, NY S.C.T.M. #]000-81-2-5 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 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. #1000-79-5-16 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 Ardeta/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 8 1000-81-2-5 totaling approx. 21.907 Acres. Survey to show all physical features on the properties also extending 5 feel outward from from the • boundary lines. Nelson, Pope & 572 Walt Whitm Road Melville NY 11 7 • Voorhis, LLC Phone: 631-427-5665 Fax:631-427-5620 Property: 06243 Project: VA02205 Tall Pines @ Paradise Point Manager: Voorhis, Charles Invoice To~ Town of Southold Dent of Land Preserv Town Hal] 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 5891 Invoice Date: June 30, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,400.00 Contract dated April 28, 2008 -Item #1: Phase I Enviromental Site Assessment Work Performed thrtt 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 $1,400.00 r 1 L_J TitlelFile No.: ~N -D/t/9 D Date of Closing: O _ Premises:. ___ Tex Map #: /~° -3'i -.~ _~ PeconicAbstract ~ ' tl~~'~""~~`{' ~~S-6G ~o TITLE BILL Policy Number(s): Fee Mortage _ - ~"'°---. rtd -- --- Name of Purchaser _ /e-o-.~J~ - - - .----^.zL _.. __..-. Name of SellerlOwner: __ ame of Lender: TITLE CHARGES AMOUNT PURCHASER SELLER LENDER larernirmu 6Endvrormend --'--- ----- - Larder ($ ) --_ ______ Endorsemorr: Endorsement - ----- Endurscrncnc -- --- - --- Rndocsomcnr -- ----- Government Rrrordin --- d Tra rr Chars 1~/i^'/a7 --- - ---- Recardinc Decd ~~~ ~_ - --- Rccordin+Mort a c 47.5 ~~ -- -- ----- - Rcco[din+Assi nment -- -- Recordin reemem -------- '--- ---- -------- Filin Affidavit (T c: ) --- R«ordin Relcue/$arisfaaion - -- R<cordini;/Filin - 3ccordinl+/Filin Vcw Ynrk Stzre Transfer Tax -- -- Vcw York Ci Rcz Pro cr transfer Tax Pcconi<Ra Rc ion 7iansfcr'lax~ ~/rt. /p ~{1 L ~ ~- a... ~ ~ ~ '- - Nansion"fax ~--- NortgagcRccordin Tax --' --- Borrower: - -- _ Lcndcr: 'S75 -~ x Ax en->rc/i .3 ~ -' --- - ~1 7 ? ~ Errrnm Drpvrirr - ` - - Mircr!laneour Survey- NewNisual Inspection Sorvcy-.Iris ccrion - - Dcpartmrntal/Muniei a1 Searches - - Bankrupts. Search(es) -- Patriot Search (ea) - Uverni e Delivery CorpOrafC Searches .- _-- - __- Arfrlitrona[Srrvirrn - -- - -- - TOTALS -_ - $ -- - - $ L~L`LjG -- -- - - _- . • NOTICE OF STATEMENT \ The lender or other party may require the performance of addillonal services which are not necessary services in connection with the Issuance of the title policy. Plesee note that the Issuance of the title policy is not tlependent upon the pertormance of such adtlitional services. CERTIFICATION STATEMENT I~ + of _ h¢reby certity that floe Title Premium(s) were properly calculated and found to be accurate. l further certify that only permitted,.proper I~ses and other charges have been matle. • • R E C O R D E D D E E D i • ~ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 06/10/2008 Number of Pages : 6 At: 11:10:05 AM Receipt Number 08-0055019 TRANSFER TAX NUMBER: 07-28915 LIBER: D00012554 PAGE: 024 District: Section: Block: Lot: 1000 079.00 08.00 016.000 EXAMINED AND CHARGED AS FOLLOWS ~ed Amount: $2,604,000.00 Received the Following Fees For Above instrument Exempt Exempt Page/Filing $18.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Co ies p $7.50 NO RPT $50.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $275.50 TRANSFER TAX NUMBER: 07-28915 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ~~ ~~c~~od~ D JUL 1 4 2008 DEPT. OF LAND PRESERVATION Number of pages • This document will be public record. Please remove all Social Security Numbers prior to recording. Deed /Mortgage Instrument 3 • • Deed /Mortgage Tax Stamp FEES c•rl_ppD'er! Zi!ii3 Inc t0 !!: f0: n5 RPi rudi th G. Pascale L'L~Pk OF SJffOL'r: CpUNTS' L p00n12554 F ip4 eT.q ill-:[~91 `. Recording / Niling Stamps 3t' Mortgage Amt. Page /Piling Fec ~ Sgt I. Basic Tax Handling S. 00 2. Additional Tax TP-SR4 ~ Sub Total Notation Spcc./Assi[. or EA-52 17 (Counq~) /S Sub'Ibtal __ Spcc /Add. EA-5217 (State) l ~~~-` TOT. MTG. TAX ~~ (~7pa~ Dual Towo Dnal Count~° R.P.T.S.A. ~4A1>•• Held Car Appointment ~ a Comm. of Ed. _._ 5. 00 Pn~ ~ Transfer Tas xE.-~P~ _ Pn ~~ Mansion Tax Affidavit 7 S(®~ The property covered by [his mortgage is Certified Copy (_ ~~ or will be improved by a one or hvo NYS Surcharge 15. 00 family dwelling only. Sub Total - YES or NO Other C Grand Total ~~ /' ~~ ~ if NO, see appropriate tax clause on .page #~ of this instn!menL 7,1i 1 G-yo~ 4 Dist. 08073840 loon oeloo 0200 oosooo g Community Preservation Fund P -f\ 1000 07900 0800 016000 _ Real Pro erC b ~~ p REAP q Consideration Amount $ - ~ Tax Service ~ ~ ~O,IUN-0 Agency \ CPF Tax Due $ ~TE"P~ Vcrificatiuu hnproved d~~ ~ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ~ Vacant Land C ~~G'tJnl ~/ JOJTNOC) , TD /D , TD Si9~~ ~- ~cJ~do`) ~ ~ 2a - ~f' ' ~,' T i moo, ~ fr~isse /~~ D Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 Co. Name ~=eo~.~ 6~;P.y~r ~ c. wwwsuffolkcountyny.gov/clerk Tiae # i= NP - U/v`3 ~ R Thlc page foam part of the attached ;/CE (SI ECiFY TYPE OF INSTRUMENT) T //eJ ~'~ .~ ~ /re 0/aME~1' i-tJ (~ ~ The premises herein is 9iluatc,~l in -__~ ___ /~,Qq ~)t5r o,.+~ ~~J,dy ~/eP SOFNOLK COUNTY, NPW YOKK. made by: /T'j/J In the TOWN o(_ _ -,l'~Oc _ ~c~oJJ C/~~e7d~NOs-~ In the VILLAGE or HAMLF,T of ROXF} fi'I'HRU S MUST BE TYPED OK PRINTED IN I3LACK INK ONLY PRIOR TO RPGORDING OR PILING. (avcrl NY 005 - Bevgvin and Sale Decd with Covuianr against Grentoi s Acts Individual or Coryoration (Slagle Sheap (NYBTU tl002) CONSULT YpER LA W YEE BEFORE SIGNING THIS A'STanMENT - THiS N'STRUMENT SHOULn BE USED BV LA WYERS ONLY • THIS INDGNTORE, made the 4th day oC June , in the year 2008 BETtS'F.F,N VJ Development Corp, and Paradise Point Holding Corp. -both doing business at 51020 12oute 25, Southold, New York 11971 party of Nc liar part, and - Town of Southold, a municipal corporation of [he Stale of New York, doing business a[ 53095 Route 25, P.U. Box 1179, Southold, New York ]1971 pany of the second par], WPfNFSSF7rH, that the parry of the first pa4 in consideration oCTen Dollaa and other valuable consideration paid by the parry oRhe sewnd part, does hereby grant and release onto the party of the second par[, [he heirs or successors and assigns o[ the pany of the second pen lomver, ALI, Thal certain plot, picee or parcel of land, vrnh the buildings and impmrements thereon crated, situate, lying and being in the SEE DESC21PTlON "A" attached hereto and made a part hereof as Schedule A WHEBEAS, this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its opeu space areas shall be sterilized and remain as open apace 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 activifies 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. N. /.J iFJ1G~ /U NE ~//S J//l+G 1~~a-/"/~SFS / - 9 /I.JJ ~ k/~4~ .~ J - ~y ~rE> ~~ /a/8S ~nse ~~ j,yr 4 ^e/-/FS OF %//F ~ar P/7~- ~ . ~a/ss Pis. ~G 'rOGE'CHN_R wlth all right, l Itlc and inte¢s1, if any, of the party oRhc Gal port ol; in and to any streets and roads aborting the above-described pre .es to the crater lines thcreoq'rOGIsT19VB with theappurtenanccs and all the estate and rights of the party of the first partrinsand to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second purl, the heirs or successors and assigns of [he party of the second pan forever. AND the parry of the first pan cotenants Ihut the party of the first par[ has not dune or suffered anything whereby the said premises here been incumbercd in any way whatever, except as aforesaid. AND the puny of the firs[ part. incompliance wish Section 13 0(thc Licn Law, covenun~ th W the pany of the firs[ part will rcecice the consideration for Ihis conveyance and will hold the right [o receive such consideration as a tryst fund to be applied lint for the purpose of paying the cost of the improvemem and will apply the same Ciat to the payment of the cost of the inyvvventenl belore using any part of the rata] oFthe same for any other purpose. The word "pany" shall be construed as if it read "panic' whenever the sense aRhis indenture so rcyuires'. IN N`I'rNESS xV HERCOP, the party of the hrs] part has duly executed [his decd the day and year first above written IV PRESENCE of+: V,IL'D elo a 'o By: ~ intent Orlando, President -.. Paradise P nt olcli Cigt~p. By: ncen Or an o, President • 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 #1000-79-8-16) 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 'Y-'- 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 ac Siipanricnr of tffa 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 DOROBKI Notary Public NOTARY PUBLIC, State of New York No.01D04634870 Qualified in Suffolk County Commission Expires September 30, ~.U 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 2) North 41 degrees 46 3) North 59 degrees 17 4) North 57 degrees 21 5) North 53 degrees 43 6) North 89 degrees 31 minutes 50 seconds West 106.92 feet; minutes 10 seconds West 65.69 feet; minutes 10 seconds West 369.60 feet; minutes 10 seconds West 218.67 feet; minutes 10 seconds West 147.85 feet; 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 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 U 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. ~~I S~~~F USG'ACKNOWEEOGM[NTMIRMRELOW WITH/N NEW YORK STAIEONLr S[a[e of New York, County of Suffolk )ss.: A On the ~ day of June in the year 2008 before me, the undersigned, personally appeared VlnCent O[I30d0 personally known to me or proved to me on the basis of sadsfaGOry evidence to be the individual(s) whose name(s) is (are) subscribed to [he within inswment and acknowledged to me that he/she/they executed [he same in his/hedNeir capacity(ies), and that by his/her/Their signature(s) on the instrument, the individual(s), or tl}e person upon behalf of wltich r vrdu< seated [he inslmmcnL. ~ ' c ~ wd: ACKhOIt)~~(ENTPORM1S FOR SP. M1IfAlN Nb15'YORK S%A20NL}} (Nett d S b~ b' d W~r~ r A k •Ldg nenr C (cnml S Wte of Ncw York, County of I ss.: On the day of in the year before me the undersigned, pcrs/Ndly appeared the subscribing witness to the foregoing instrument with whom I nm personally acquainted, who, being by me duly swum, did depose and say that he/she/They reside(s) in Gj/hrplaee of rc vulencu a in a city, inc/ude the street and street rzmvGer, if arr7, thereov~; Iha[ he/she/[hey know'Csl to Oe We individual described in and who executed the foregoing inslrumv'nL that said subscrbing wimesa was presem and saw said exctiotc the same; and then said wituess at fhe same Ilene Nub.vcribed his/her/their name(s) as a witness thereto. USEACKNOWTF.DGMENT FORAIHELOWW(TH/h'NE{YYORX $TATEONLY.~ SIa[e of New York, County of I ss.: On the day of in the year before me, the undersigned, personally appeared personally known m me or proved to me on the baers oC satisfactory evidence to be the individual(s) whose name(s) is (are) subsedbed to the within instrument and acknowledged to me [ha[ he/shelthey oxecu[ed [he same in his/her/their capacityQes), and Thal by his/her/rhea signature(s) nn the instrument, the individual(s), or the person upon hehalf of which the individual(s) acted, executed the instrument. THEN P SPANBU({GH PIAfYC - Sleee of New York ACK'NON'LEOGASENT FORM1f FOR OSE OOTSIDP NPW YORK STATEON/Y /Dmejbw/e orFm -A G naval Acknawledgrr art Crrt panel . ........ ................ .. ... ... ... . ... ... Iss.: lCnnydrre Venue rvirh Stare. Coumn, P.wince or MururlOallnV On the day oC in the year be&/m me, the undersigned, personally appeareA personally knmvn to me or proved [o me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) m,6scribeA to the within insuument and acknowledged to me ghat he/she/they cxecoreA the same in his/her/their wpacity(ies), tlta[ by his/her/ Ihcir eignature(s-) on the instrument the individual(s), or the person upon behalf of which the individual(s) acted, oxecuted [he instrumen4 and [hat such individual made such appemm~ce before the undersigned in the (laser( the c(ty ur oNar pol4tirn7 subdivision turd the stare orrorrntry or nthcr place the acA'nme[edgrnen! 5vas taken). BARGAIN & SALE DEED VvITH c[)vevnal S nOAMAG0.aNioKt i,.-6 7lnE NO. VJ DEY'ELOPNIF,NT CORP. and YARADISE POINT HOLDING CORP. TO TOWN OF SOU1'HOLll FIDELITY NATIONAL TITLE INSLR:\NCI! COhI}'ANV rnro..rrn.nr=iss -.~~n:,ri~iii,-FzdeZifv ~~j ,~..,,. .~, n.. r,,.r~.~~~.,n~,.. r,..,.~.,,;„. DIS CftICT SCGTION BLACK LoT COOMlY OR TONN RECOHOtD AI REQUEST OF Fidelity' Nafiona175t1e Insurance Company RETURN RY MAA_TO Melissa Spiro Land Presen'ation Department 'Town Of Southold 53095 Route 25 PO Box 1179 . ~ou+hotd,Ny Itq'11 C ~~ .~ T I T L E P O L I C Y C~ Fidelity National Title Insurance Company • Policy Number: 2730632- 13 7 Q Q 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 1Q after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by [he Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on [he 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 [o perform those acts by electronic means authorized by law; or (vii) a defectivejudicia] 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 [he 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 [he Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating tp building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the chazacter, 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) whew Yock 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 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; • 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. n U 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) Attached to and made a part of Policy Number `~ ~ ~ ~ U ~ `~ I. Covered Risk Number 2(c) is deleted. 2. The following is added as a Covered Risk 11..4ny 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 [his policy. 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate [axes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. This endorsement is issued as part of [he policy. Except as it expressly states, ii does not (i) modify any of the teens • and provisions of the policy, (ii) modify any prior endorsements, (iii) extend [he Date 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: (,(~~E-J j (i 9 Countersigned: Bv: PEI69 (s/01/09) PIDI'1 it\>.U IU\ ~I.-f11'IJ~. I\<I It\\(. 6:(Y)x IPA\\ i ~'~'x r, n ;~ ~ ~ ~r~/ A~~~,,~~ i •SEAL' _. ,~ u~_ ;. __ S7ANUARD NEN'1'ORK ENDORSEMENT POR USE WITH ALTA OWNER'S POW CV (6-1]-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this 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 governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating [o • (i) the occupancy, use, or enjoyment of the Land; (ii) the charactey dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This 8xclusion I(a) does mot modify or limit [he coverage provided under Covered Risk 5. (b) Any govemmenml police power This Exclusion 1(b) does mot modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not 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) no[ Known [o [he Company, no[ recorded in [he Public Rewrds nt Da[e of Policy, but Known to [he Insured Claimant and not disclosed in writing [o [he Company by the Insured Claimant prior to the date [he Insured Claimant became an Insured under this policy; (c) .resulting in no loss or damage [o the Insured Claimant; (d) attaching or created subsequent [o Date of Policy (however, [his does not modify or limit [he coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if [he Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similarereditors'righ[s laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Dale of Policy and the date of recording of the deed or other instrument of transfer in [he Public Records that 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 may be in- creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (e) "Entity'": A corporation, partnership, tmst, limited liability company, or other similar legal entity. ~) "[named": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, personal representatives, or next 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 En[i[y; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity imeres[s of the grantee are wholly-owned by the named Insured, (2) if [he grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Emily of the named Insured, provided the affiliated En[i[y and the named Insured are bath wholly-owned by the same person or Entity, or (q) if the grantee ie a trustee or beneficiary of a bust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regurd [o (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that [he Company would have had against any predecessor Insured. (e) °Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge"or"Known": Actual knowledge, not constructive knowledge or notice [hat may be imputed [o an Insured by reason of [he Public Records or any other records that impar constructive notice of matters affecting [he Title. (g) "Land": The land described in Schedule A, and affixed improvements [hat by law wnstitute real property. The term "Land" does nn[ include any prop- erty beyond the lines of [he area described in Schedule A, nor any right, title, interest, estate, or easement in abutting sVeets, roads, avenues, alleys, lanes, ways, or waterways, but [his does no[ 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 host, trust deed, or other security instru- ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property [o purchasers for value and wilhom Kmwledge. With respect to Covered Risk 5(d), "Public Records'shall also include environmental pro- tection liens Pled in the records of [he clerk of the United S[a[es District Court for the dishict where [he Land is located. Q) "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 [he Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring [he delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of [his 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 [he Insured shall have liability by reason of waramies in any hansfer or conveyance of [he Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in [he Land, or (ii) an obligation secured by a purchase money Mortgage given [o [he 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 set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come [o an Insured hereunder of any claim of title or interest [hat is adverse [o [heTi[le, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. [f the Company is prejudiced by [he failure of the Insured Claimant to provide prompt notice, the Company's liability to [he Insured Claimant under [he policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, [he Company may, at its option, require as a condition of payment that [he 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 the extent possible, the basis of calculating the amount of [he loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject [o the options contained in Section 7 of these Conditions, [he Company, a[ its own cost and wilhom unreasonable delay, shall provide for [he defense of an Insured in litigation in which any third party assets a claim covered by this policy adverse [o the Insured This obligation is limited to only those stated causes of action alleging matters insured against by [his policy. The Company shall have the right m select counsel of its choice (subject to the right of the Insured [o object foaeasonable cause) to represent the Insured as to [hose stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will mot pay any Cees, costs, or expenses uncured by the Insured in the defense of those causes of action that allege matters FORM 2730632 ALTA Owner's Policy (6-17-06) w/New York CaveraEe Endorsement Aooended not insured against by [his policy. (b) The Company shall have fhe right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable [o establish the Title, as insured, or to prevent or reduce loss or damage m the Insured. The Company may take any appropriate • action under the terms of [his policy, whether or not it shall be liable to the Insured. The exercise of these rights shall no[ be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, i[ must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, [he Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves [he right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) to all cases where [his policy permits or requires the Company to prosecute or provide for [he defense of any action or proceeding and any appeals, the Insured shall secure to [he Company the tight to 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 [he Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful ac[ [hat in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany is prejudiced by [he failure of [he Insured to furnish the required coop- era[ioq the Company's obligations ro the Insured under [he policy shall terminate, including any liability or obligation to 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 [o submit to examination under oath by any authorized representative of the Company and to produce Cor examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, coaespondenee, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that • reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, the Insured Claimant shall gran[ its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in [he custody or control of a third party [hat reasonably pertain to the lass or damage. All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonablejudgmen[ of the Company, it is necessary in the administration of dre claim. Failure of [he Insured Claimant to submit for examination under oath, produce any reasonably requested information,orgrantpermis- 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 the Company under this policy as to [hat claim. 7. OPTIONS TO PAY OR OTHERW ISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under [his policy, [he 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 Insnrance under this policy together with any costs, attorneys' fees, and expenses incurted by the In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and [hat the Company is obligated to pay. Upon the exercise by the Company of this opliou, all liability and obliga- tions of [he Company to the Insured under this policy, other than to make [he payment required in this subsection, shall terminate, including any li- ability or obligation to defend, prosecute, or cominue any litigation. (b) To Pay or Otherwise Settle With 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- lion, [he Company will pay any costs, anomeys' fees, and expenses incurred by the Insurul Claimant that were authorized by the Com- pany up ro [he time of payment and that (hc Company is obligated to pay; or (ii) To pay or otherwise settle with [he Insured Claimant the loss or dam- age provideUfor under this policy, together with any costs, attorneys fees, and expenses incurred by the Insured Claimant that were autho- rued by the Company up to [he time of payment and that the Com- pany isobligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than [he payments required [o 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 incurted by the Insured Claimant who has suffered loss or damage by reason of matters insured against by [his policy. (a) The extent of liability of [he Company for loss or damage under this policy shall not exceed [he lesser of (i) [he Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to 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 ]0%, and (ii) the Insured Claimant shall have the right to have [he loss or damage determined either as of the date the claim was made by the Insured Claimant or as of [he date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF LIABILITY (a) If [he Company establishes [he Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access [o or from the Land, or cures theclaim 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 [hat matter and shall not be liable for any loss or damage caused [o the Insured. (b) In [he event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss ordam- age uutilthere has been a final determination by a court of competemjuris- diction, and disposition of all appeals, adverse m the Title, as insured. (c) The Company shall not be liable far Toss or damage [o the Insured for liabil- ity voluntarily assumed by [he Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shell be reduced by any amount [he Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which [he Insured has agreod, assumed, or taken subject, o[ which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and [he amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of los's or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. l3. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid aclaim under this policy, it shall be suhrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. It requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimam in any transaction ur litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss o[ the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. Ib) The Company's right of subrogation includes the rights oC the Insured to indemnifies, guaranties, other policies of insurance, or bonds, notwilhsmnding any terms or conditions contained in those instruments that address subrogation rights. PORM 2730632 ~ ALTA Owner's Policy (b-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 referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement refereed to in that notice. 7. The exercise of the rights of eminent domain if a nofice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occureed 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 occurcing prior to the transaction vesting Title as shown in ~ Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records [hat 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 ay ~~ . ATTEST President ~~ Sccrcinry • Countersigned: ~~-~'7~lst~~ Lk~71~G~-'~-- Authorized Signature PORM 2930632 y4LTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended 14. ARBITRATION , Either [he Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant [o [he Title Insurance Arbitration Rules of the American Laod Title Association ("Rules"). Except as provided in the Rules, [here shall be no joinder or consolidation with claims or controversies of other persons. rtrable matters may include, but are not limited m, any wntroversy or claim between Company and the.Insured arising out of or relating m [his policy, any service in nneetion with its issuance or [he breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when [he Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either [he Company or [he Insured. All arbitrable matters when [he Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and [he Insured. Arbitration pursuant [o this policy and under [he Rules shall be binding upon lheparties. Judgmentupon the award mndued by [he Acbitraror(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 the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage [hat arises out of the smms of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and ao[hen[ica[ed by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued a[ any time is made a part of this policy and is subjcc[ to all of its [eons and provisions. Except as [he eo- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. • • FORM 2730632 16. SEVERABILITY In the even[ any provision of [his policy, in whole or in part, is held invalid o unenforceable under applicable law, the policy shall be deemed w[ to include tha provision or such part held [o be invalid, but all other provisions shall remain in fuI force and effect 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Tnsured acknowledges the Company has underwrittei [he risks covered by this policy and determined the premium charged dterefo in reliance upon [he law affecting interests in real property and applicabl [o [he interpremtion, rights, remedies, or enforcement of policies of [itL insurance of thejurisdie[ion where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdic[im where the Land is located [o determine [he validity of claims against [h. Title [hat are adverse m [he Insured and m interpret and enforce the terms o [his policy. In neither case shall the court or arbi[ramr apply its conflicts o law principles [o determine [he applicable law. (b) Choiceof Forum: Any litigation orother proceeding brough[by the lnsuren against the Company must be filed only in a state or federal court within thi 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 b~ given to [he Company under this policy must be given to the Company at Fidelity National Title Company Attn: Claims Department P.O. Box 45023 Jacksonville, Plorida 32232-5023 ALTA Owner's Policy (b-17-06) w/New York coverage Eudorsement Appende FIDELITY NATIONAL TITLE INSURANCE COMPANY • Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 • • • U~WAr--~Hv~ i Southold Town Board -Letter • W~raf ~~ ~+pR ~,~~®d~~ RESOLUTION 2008-603 ADOPTED Item # roc In: 3980 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-603 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 17, 2008: WHEREAS, on June 4, 2008, the Town of Southold purchased Fee Title to the parcels owned by Paradise Point Holding Corp. and VJ Development Corp.; and WHEREAS, said properties are identified as SCTM#1000-81-2-5 and SCTM# 1000-79-8-16, and are located respectively at 695 Paradise Yoint Road and 10250 North Bayview Road, Southold, New York: and WHEREAS, SCTM# 1000-81-2-5 is 19.8246 acres and SCTM# 1000-79-8-16 is 2.0815 acres, as per a survey prepared by John C. Ehlers Land Surveyor, dated May 27, 2008; and WHEREAS, said property is located within the Agricultural-Conservation (A-C) Zoniug District: and WHEREAS, said property is located within the Southold School District; and WHEREAS, the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space; and WHERF,AS, as per Section 117-5 (Determination of Sanitary Plow Credit to he Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and Board Meeting of June 17, 2008 Generated June 19, 2008 Page 30 n LJ Southold Town Board -Letter Board Meeting of June 17, 2008 WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, the Town Board decided that l2 sanitary flow credits are available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places 12 (twelve) sanitary flow credits into the Town TDR Bank from the Town's fee title purchase of the properties formerly owned by Paradise Point Holding Corn and VJ Development Corn; and, be it further RESOLVED that the Town Clerk shall enter this transfer of 12 (twelve) sanitary flow credits into the Sanitary Flow Credit Log; and, be it further RESOLVED that the Town Clerk shall forward this resolution to the 'fax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ~~e. Elizabeth A. Ne~~ille Southold Town Clcrk • RESULT: ADOPTED [5 TO 1] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell NAYS: Albert Krupski Jr. Generated June 19, 2008 Page 31 • • P R O P E R T Y R E C O R D S • :7 L PARADISE POINT HOLDING CORP. and VJ DEVELOPMENT CORP. to TOWN OF SOUTHOLD Open Space Acquisition - 21.9061 acres SCTM #1000-81-2-5 (19.8246 acres) SCTM #1000-79-8-16 (2.0815 acres) Locations: 695 Paradise Point Road, Southold 10250 North Bayview Road, Southold Closing held on Wednesday, June 4, 2008 Land Preservation Department Southold Town Hall Annex (from left to right) Tracey Orlando Vincent Orlando Land Preservation Coordinator • MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissaspiro@townsou[hold.ny.us Telephone (631) 765-571 I Facsimile (631) 765-6640 ~o~~pF SOUryo~yy T ~~y00UNT1 ~°,r~'" 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 1 1 97 1-0959 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: PARADISE POINT H VJDEVELOPMENT Open Space Acquis 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. 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 • melissaspiro@[ownsouthold.ny.us Telephone (631) 765-5711 Facsimile (63 q 765-6640 ho~~pF SOUTyo~ ~ ~~~,~ ~~y00UNTY,~"~'' OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 5, 2008 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re Notice of New Owner SCTM #1000-81-2-5 SCTM # 1000-79-8-16 Dear George Please be advised that the Town of Southold acquired the two (2) parcels identified above that are located at 695 Paradise Point Road and 10250 North Bayview Road in Southold for open space purposes by deed dated June 4, 2008. The Town purchased the properties from Paradise Point Holding Corp. and VJ Development Corporation. Both parcels were combined and conveyed within the same deed for recording purposes. The County may issue a nevi- tax map number for the combined parcels at time of recording. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the properties are declared exempt by the Town Assessors. Very truly yours, ~,.9~;,. Melissa Spiro Land Preservation Coordinator /md cc~ Southold Town Assessors 'Down Comptroller • r~ L W(C.°..i _i=.+ t37 „J4ll ^.i - l~A+fJI..(`~~J~~'.ESd ~iJ'~!l~ - 11~ ~~llt j. l [%ll Lc+- ifl'~~JjF.f( i~ File Ejit l+ieva To olbar Mind=~~ HIp ;79.-8-16 d73889 Southold _. _. _ _. , Active RlSit School 5nut6oldSahool 'Jj 0evslopment Go[p, RollYeat ;2808 CurrYr Res vacla~nd Land,AV: 7,200 1025p!N Fja9viewt^id LandSi~e 2.08 acres TotalA~1. 7.200 - ~..~ Aarcel'79-8}6 Uwryer ?TaxBiitPAailmgkd~Jte°~ 3idPartyAddtess Bank - ~ i Assessmr;nt ~ SpeeUisry Total 1 Own@rs~ To open, click ~~ f ~ ~ the apptapriate raw ,; (Right Chck to Add[ ,. w + ~ . €~ Desctiption Owner(sj u Images u Cis i u Site [1J f7as LasCName! Ccimpany First Flamei tAI Jt,. St., etc u Sa1e0512d102 Yj aevelgpment Corp Attenlioo To ~ IrSCara OF Additional Addie~s: , ~, x 'Attn: 4ltlliam Moore Esq ~~ _ ... Street 1Jc: f'reYix Gu Street / Rural Rout2 St Sufiia ' Fort Pir UnitWame 1JnitfJo • ._ .. ,. S~ ~ '~ rvi r, art -i -S1 J fFr'1 'J:~J.,tF , ~1ntJ~' Fit'Jillt}, i L,Jfr~~.- J11 tf1Al J~; .; :: -} File Edit vie!~a Toolbar Jaindu~ Help ~ ~:~~R~~111 81.-2-5 ; 4' u Assessmen. `vi 5pec'Dist .~~ Descnphan ~ 'CI4VnerJ3J - _:~ Ima9es _~ Gis ,~ Site (1j Re Sale05r2AtLl: fld Owne r 3889 Southold Active RA acres'' ild School Last Name 1 Company ` Fir<t IJ ame hdl. Jr., Sr ,etc Paradise Point Holding Corp ; A tentiori To / In Care raF ,4ddrtional Addiess: 5traet No PretisF~iratreet l Rural Route: Sk Suffi:. Po>t Dir UnithJame Unit FJo. 51020 ~'Route25 ~ ~ t ~:; PoBoRNo. City,~7rnn~n` State Zip Code. Southold NY ~ 7:1971- Cruntr,~tenWr it not'.'USA" bar L'd Uwriwship. e.~ Life Use l]Nner Type '. P = Primary P.ead d i • • A E R I A L S • r 4 ~. { a ~~ ~ ~ k ;~r ~R .~ ~ i 4 ` r ",•, i F ~ ~ '~'_- ~ ~.. ~ ~ , Y. 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' Hart ` 1000 - 79 — 8 - I6 S79°57' SURVEYED: MAY 27, 2008 SURVEY �, -I-00W62 �°�90(62' 7T CHEIl7OFIDElO 70: ` oun'T DIP SOUTEO]LD FME LIITIY I ATIOID[AL 71'll'll'P.W.IPPS ] 'P AJ4CE CONEPAMY OF NEW YORK p°4�a �'Y [AY 2 8 200a uti°o � DEPT,OF LAND � PRESERVATION � o r o`¢" w r � /6 �F II U C Z I i F Ore g o T X66 52 s �6�s8, NORTH BAYVIEW ROAD �W10 Arl Ns 1'20"W 135.2y'�' 3l r� eNAp— � k 4 , x p � ar. ci GOh,0 ,, y�`.' qCo ^o tt -16 t roh,goer, t� +lr JOHN C. EHLER NCsEHLE .S LAND UVE .$ OMONUM N■ E T FOUND , `�,..,.., 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 Area Tax Lot 1000-79-5-16 = 90h'71 5. F. OR 2.0815 Acres `'�, :t 6RAPHI6 SCALE I"=60' Area Tax Lot 1000-81-2-5 = 86,5560 S. F. or 19.8246 Acres 4„ ` RIVERBEAD, N.Y. 11901 �w a l� EMIL mm�� 369-8288 Fax 369-8287 O / / ' ja O 60 120 180 F • A E R I A L M A P i , u Paradise 1int Holding Corp. Development 1 • ♦ 1000-79.-8-16 R �k Subdivision Open Space ti _ f PLT\ Shellfishes _ - _,_ Preserve Town Yt Town _ :... Open Open Space Space a Town Open - Space ;. Subdivsion- Open S ' ace P n } ; Town r Deve lopment PLT Rights PLT Wolf Preserve TT - , e j�i ubdivision k , . open. s Cedar pace Beach �Subdivisio'��l - , open CO my Park � . Space r � , " J e „ t; : ,