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HomeMy WebLinkAboutLieb Vineyard1000-73-1-3.4 Baseline Documentation Premises: 15750 Oregon Road Cutchogue, New York 12.9698 acres Development Rights Easement LIEB VINEYARD, INC. to TOWN OF SOUTHOLD Deed dated April 16, 1996 Recorded June 6, 1996 Suffolk County Clerk - Liber 11777, Page 161 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Zoned: Existing Improvements: 1000-73-1-3.4 15750 Oregon Road Cutchogue $110,243.30 (12.9698 acres ~ $8,500/acrO Agricultural Land Capital Funds n/a 12.9698 acres 12.9698 easement acres A-C In April 1996 - Mature vineyard, no improvements A. Description of the Site The subject property consists of two parcels. Parcel #1 is listed on Suffolk County Tax Map # 1000-84-1-4.4. The lot is located on the southside of Oregon Road, approximately 600' west of Bridge Lane, Cutchogue, Suffolk Co., New York 11935. The parcel offered is 1.68 acres of a 3.7 acre parcel. The second parcel is listed on map # 1000-73-1.3.4. The acreage is located on the southwest corner of Bridge Lane and Oregon Road, Cutchogue approximately 65' east of parcel #1. The entire parcel of 12.96 acres is being offered. The total acreage offered is 14.64 acres. Parcel ~1 consists of 1.68 acres of level, open farmland. The land is currently a mature vineyard producing grapes for wine. The vineyard will not be included in the valuation as the current owner plans on maintaining the grapes for his wine production known as Lieb Vineyards. There is a house and winery on the 3.7 acres which will not be included. The 1.68 acres do not include any other improvements. The raw land only will be valuated. There are no current site plans, the 1.68 acres does not appear to be subdividable. Parcel #2 consists of 12.96 acres of level, open farmland. This land is also entirely occupied by a mature vineyard producing grapes for wine. The vineyard will not be included in the valuation. The ownership is the same. There are no other improvements on the subject property. The raw land only will be valuated. There are no current site plans, t~e parcel appears to be subdividable subject to the application process. The soil is mostly haven loam with a slope of 0 - 2%. The hazard of erosion is slight and the soil is commonly used for the growing of crops and housing developments. The public utilities are electric and telephone. Water is provided from private well and there are private cesspools. Oregon and Bridge roads are macadam, publicly maintained, there are street lights. The immediate area is mostly residential and farmlands. Long Island Sound is 1 block to the north. The farm is not in a flood zone. The nearest business district is Cutchogue Village located over 1 mile south. 11 A P P R A I S A L R E S 0 L U T I 0 N JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Roa P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 30, 1995: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Stype, Certified Real Estate Appraiser, at a fee of $1,000.00, to conduct an appraisal for the Land Preservation Committee for consideration of the following property for the Farmland Preservation Program: Lieb Vineyards, Bridge Lane and Oregon Road, Cutchogue, 1.68 acres & 12.96 acres, SCTM#1000-84-1-4.4 & 1000-73-1-3.4. October 31, 1995 P R 0 P E R T Y V I S U A L S 38 3~ 11958 1193 EAST Cuc~< COUNTRY Old Cove HARBOR E P E C 0 NIC NEW SUFFOLK R,~CE PECOI~IC iL~ PECONIC A Prt 1 9 9 5 P H O T O S P U B L I C H E A R I N G JUDITH T. TEP~RY TOWN CLERK REGISTIq~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 6, 1996: RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M., Thursday, February 22, 1996, Southold Town Hall, 53095 Main Road, Southold, N.Y., as time and place for a public hearing on the question of the acquisition of development rights in the following Agricultural Lands: Marie D. Cassidy & Carole M. Cassidy, SCTM#1000-52-5-59.3 & 59.4, 58 acres - 32 agricultural, south side Albertson Lane, Greenport, N.Y.; Mark Lieb, c/o Lieb Vineyards, SCTM#1000-84-1-4.4 & 73-1-3.4, 1.6 acres of farmland at Bridge Lane and 12.96 acres of farmland at Oregon Road, Cutchogue, N.Y. Southold Town Clerk February 7. 1996 LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 22nd day of February, 1996, at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the 'acquisition, by the Town of Southold, of the development rights in the following parcels of agricultural lands, to wit: (1) A parcel of land owned by Marie D. Cassidy & Carole M. Cassidy, comprising approximately 58 acres, located on the south side of Albertson Lane, Greenport, New York, Suffolk County Tax Map No. 1000-52-5-59.3 & 59.4. (2) Two parcels of land owned by Mark Lieb, c/o Lieb Vineyards, comprising 1.6 acres on Bridge Lane, Cutchogue, New York, and 12.06 acres on Oregon Road, Cutcbogue, New York, Suffolk County Tax Map No. 1000-89-1-q.q & 73-1-3.4. FURTHER NOTICE IS GIVEN that files containing more detailed descriptions of the above mentioned parcels of land are on file in the Southold town clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during norman business hours. Dated: February 6, 1995. ~UDITH T. TERRY SOtJTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 15, 1996, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWH HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler-Watchman Town Board Town Attorney Land Preservation Committee Marie D. Cassidy & Carole M. Cassidy Mark Lieb, c/o Lieb Vineyards Town Clerk's Bulletin Board PUBLIC HEARING SOUTHOLD TOWN BOARD FEBRUARY 22, 1996 5:00 P.M. IN THE MATTER OF THE ACQUISITION BY THE TOWN OF SOUTHOLD OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LAND OWNED BY MARIE D. CASSIDY~, CAROLE M.CASSIDY~ AND TWO PARCELS OF LAND OWNED BY MARK LIEB, c/o LIEB VINEYARDS. Present: Absent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilwoman Ruth D. Ollva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Councilman Joseph L. Townsend, Jr. JUSTICE EVANS: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 22nd day of February, 1996. at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition, by the Town of Southold, of the development rights in the following parcels of agricultural lands, to wit: (1) A parcel of land owned by Marie D. Cassidy ~, Carole M. Cassidy, comprising approximately 58 acres, located on the south side of Albertson Lane, Creenport, New York, Suffolk County Tax Map No. 1000-52-5-59.3 ~, (2) Two parcels of land owned by Mark Lieb, c/o Lieb Vineyards, comprising 1.6 acres on Bridge Lane, Cutchogue, New York, and 12.96 acres on Oregon Road, Cutchogue, New York, Suffolk County Tax Map No. 1000-8~-1-u,.~ S 73-1-3.L~. Further notice is given that files containing more detailed descriptions of the above mentioned parcels of land are on file in the Southold Town Clerk*s Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: February 6, 1996. Judith T. Terry, Southold Town Clerk." I have affidavits that this was published in The Traveler-Watchman, and that it was posted on the Town Clerk's Bulletin Board. No correspondence. SUPERVISOR COCHRAN: Thank you, Louisa. Page 2 MELANIE TEBBINS: The tax map number is incorrect for the Cassidy property. I actually have a copy of the tax map here. It's been revised since that number. COUNCILWOMAN HUSSIE: gave us the old number. That's right. When Joe Gold submitted it, he TOWN CLERK TERRY: I took this from the appraisal. I~m sorry. Let's put it on the record. What is the tax map number? MELANIE TEBBINS: It isn't two parcels any longer. It's one parcel, 59.6. TOWN CLERK TERRY: Give me your name, please? Just for the record. MELANIE TEBBINS: My name is Melanle Tebbins from Peconic Land Trust. We~ve been working with the Cassidy family on this project. The tax map number, I believe, has been revised since the appraisal was done. The tax map of Marie Cassldy~s parcel is 1000-52-5-59.6. TOWN CLERK TERRY: Thank you. SUPERVISOR COCHRAN: Mr. Gold, as Chairman of the Committee would you like to make a comment? JOE GOLD: Yes, I would. I~m Joe Gold from Cutchogue, and I~m Chairman of the Land Preservation Committee, and I~m very pleased to be before the Board again, bringing before the Board two more very good parcels of farmland, which I~m recommending to the Board to buy development rights for. Iql mention the smaller one first. Lieb Vineyard is approximately fourteen and a half acres. It's up on Oregon Road, near Bridge Lane, in Cutchogue, and it's adjacent to a seventeen acre parcel, where the Town already owns the development rights. So, this is going to keep adding to our preservation activities, or the farming activity on Oregon Road. Both of these parcels are currently covered with grapes. The second parcel is more interesting, I think. It's larger, and it's a little more complicated, and that's the Cassidy farm. The Town will be buying development to possibly thirty-two acres of the Cassidy farm. The remaining twenty-eight acres of wetlands is between a large dike, and Arshamomaque Pond, and I'm happy to see the Cassidy family represented here, because they have been wonderful to deal with on this. We~ve moved this along with the Land Trust, and I understand the twenty-eight of wetland will be donated to the Land Trust, and thereby, once again, we have one of these packages where the Town's money is being leveraged up 100%. We're preserving a twenty-two acres farm, but we're also getting twenty-eight acres of wetlands, that will be forever preserved. This is particularly important in Arshamomaque Creek. I saw an item in the paper today, that there's a seasonal opening of Arshamomaque, but with more marshland on Arshamomaque allowing the creek a flush flow, we may get cleaner water in there. The Land Trust, I believe, will remove the smaller dike, .so that the entire twenty-eight acre wetland will be flushed by creek water. I strongly recommend to the Board to go ahead and purchase these development rights. Page 3 SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like to address the Board on the purchase of the development rights on these two pieces of property? (No response.) Hearing none, we close the hearing. Southold Town ClerE P U R C H A S E R E S 0 L U T I 0 N JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CI,~,HK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 22, 1996: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of Lieb Vineyards; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 22nd day of February, 1996, pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in the proposed acquisition between the Town and Lieb Vineyards; now, therefore, be it RESOLVED that the Town Board hereby elects to purchase the agricultural rights in the aforesaid agricultural lands owned by Lieb Vineyards, comprising 1.6 acres on Bridge Lane, Cutchogue, New York, and 12.96 acres on Oregon Road, Cutchogue, New York, at a sale price of $8,500.00 per acre; Suffolk County Tax Map Nos. 1000-84-1-4.4 & 73-1-3.4; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Lieb Vineyards; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. Southold Town Clerk February 23, 1996 LALrRY L. DOWD TOVfN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: RE: DATE: TOWN BOARD TOWN ATTORNEY LIEB OPEN SPACE ACQUISITION MARCH 21, 1996 On February 22, 1996 the Town Board approved the acquisition of development rights from Lieb Vineyards. The approval was for 1.6 acres 600' west of Bridge Lane on Oregon Road, Cutchogue, and for 12.96 acres on the SW corner of Bridge Lane and Oregon Road. The owner has asked to drop the sale of development rights on the 1.6 acres. This is a sale of development rights to a portion of the house lot. The Chairman of the Open Space Committee feels this would be acceptable. Please let me know if you have any objections to this change in what was originally approved. If I do not hear from you, I will assume you have no objections and proceed with the acquisition of only the 12.96 acre rights. cc: Town Clerk Open Space Committee R E C O R D E D D E E D 33773 it;ORBED TORRENS JUN 6 1996 Serial ~ DS~R T~ F B~FOU( Certifl~te ~ ~NTY ,, L ~io, c,~., [. 38773 ~l r~es EA-5:17 (County) ~ Sub To~l ,~/~ S~./AssiL EA-5217 (State) · ~ S~./Add. Affidavit ~. Transfer Tax . Ce~ifi~ Copy Mansion Taa Reg. Copy Sub To~I _¢~ .~ dwel[ingWill be improvedon,y, by a one or two family GRAND TOTAL of this instrumem. Real Property Tax Service Agency Verification 6 Tille Company Informadon S~ I~ O7~.OO ~1.~ ~,~ Company Name lnitial~ ~tle Numar ~ ~ ~E PAID BY: ~ ,m l~om~onwea,,~ Cash Payer same as R & R ~ ~na Title Instance Company (or if di fferent~ ~ ADDRESS: RECORD & RETURN TO 9 (ADDRESS) Suffolk County Recording & Endorsement Page ~is page fo~s pa~ of the attached ~ made by: ~SPECIFY TYPE OF INSTRUME~) I SU~OLK COU~Y, ~W YORK. TO In the Township of In the VILLAGE or HAMLET of BO~ 5 T~U 9 MUST BE TYPED OR PRIED IN BLACK INK O~Y PRIOR TO RECORDING OR FILING. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 16th day of April, 1996, between LIEB VgNEYARD, INC., having its office and principal place of business at 100 Rockwood Lane, Greenwich, Connecticut, party of the first part, and Tt-IE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part. WITNESSETIt That the party of the first part, in consideration of ten ($10.00) dollars, lawful money of the United Stated, and other good and valuable consideration paid by the party of the second part, DOES ItEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, the DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently def'med in Chapter 25 of the Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: PARCEL "A" All that certain piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at the corner formed by the intersection of the southwesterly side of Bridge Lane with the southeasterly side of Oregon Road; THENCE South 45 degrees 15 minutes 35 seconds East along the southwesterly side of Bridge Lane 676.17 feet; THENCE South 45 degrees 39 minutes 45 seconds West 491.32 feet; THENCE South 47 degrees 35 minutes 55 seconds East 250.37 feet; THENCE South 45 degrees 39 minutes 45 seconds West 150.24 feet; THENCE North 47 degrees 35 minutes 55 seconds West 999.38 feet to the southeasterly side of Oregon Road; THENCE North 51 degrees 44 minutes 30 seconds East along the southeasterly side of Oregon Road 677.10 feet to the point and place of BEGINNING. Said parcel of land consisting of approximately 11.5850 acres of land. PARCEL "B" All that certain piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point at the westerly comer of the within described interior parcel of land, said point being the following two (2) comes and distances from the corner formed by the intersection of the southwesterly side of Bridge Lane with the southeasterly side or Oregon Road: 1) 2) South 51 degrees 44 minutes 30 seconds West 677.10 feet; South 47 degrees 35 minutes 55 seconds East 999.38 feet to the true point or place of beginning. THENCE North 45 degrees 39 minutes 45 seconds East 150.24 feet; THENCE South 47 degrees 35 minutes 55 seconds East 399.99 feet; THENCE South 44 degrees 00 minutes 35 seconds West 150.06 feet; THENCE North 47 degrees 35 minutes 55 seconds West 404.32 feet to the point or place of BEGINNING. Said parcel of land consisting of approximately 1.3848 acres of land. Said premises are sold subject to an electric easement recorded in Liber 1293 Page 28. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto the party of the second part, its successors and assigns forever. 2 AND, the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural Production - shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Section 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. This conveyance is made in the regular course of business actually conducted by the party of the first part and upon the consent of all its stockholders. IN wrrNESS WIIEREOF, the party of the first part has duly executed this deed the day and year first above written. 3 LIEB VINEYARD, ENrC. Mark )('?Lie b ' Its Vice President 1777 STATE OF CONNECTICUT ) ) SS: Stamford COUNTY OF FAIRFIELD ) On the/~'- day of April, 1996, before me personally came MARK A. LIEB to me known, who, being by me duly sworn, did depose and say that he resides at 100 Rockwood Lane, Greenwich, Connecticut that he is the Vice President of Lieb Vineyard, Inc., the corporation described in and which executed the foregoing instrument; thal-he-kT~,¢w; *&c gcak-of--said corpo~tion;, that t.he ~d affixeu~o sa~a instrument is such corporate seal; Mat ~t w-w~ so affixed byx~rdevq3Ltb~ Rnard~of D~.eto ' ' , d that he signed his name thereto by like order. Notary Public My commission expires: BPTl/53831. l/JPW/106926.1 MY ~ ~ ~,., Ja3uary 31, O0 ~- (Seal) 4 T I T L E P 0 L I C Y OWNER'S POLICY OF TITLE INSURANCE ISSUED BY Commonwealth. Land Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the $osts, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided ' in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this po[icy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM I PA10 ~LTA Owner's Poiic¥ (10-~7-92! Valid Only If Schedules A and B and Cover Are Attached OF INSURANCE: DATE OF POLICY: $ 110,243.30 04/16/96 NAME OF INSLrRED: The Tow~ of Southold SCHEDULE A POLICY NO. 206-082086 TITLE NO. RH960482 THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Developmental Rights TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: A deed of Development Rights mad~ by Lieb Vineyard, Inc. to the Insured dated 4/16/96 and duly recordede 6/6/96 in Liber 11777 cp 161 in the Office of the clerk for the County of Suffolk. 4. THE LAIFD REFERRED TO IN THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SITUATED IN THE COUNTY OF SUFFOLK, STATE OF NEW YORK, AArD IS IDENTIFIED AS FOLLOWS: SEE SCHEDULE "A" ATTACHED Authorized Officer or Agent SCHEDULE B EXCEPTIONS FROM COVERAGE POLICY NO. TITLE NO. 206-082086 P~q960482 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Mortgage made by Lieb Vineyard, Inc. to Southern New England Farm Credit, ACA dated' 1/6/94 and duly recorded 1/20/94 in Liber 18762 mp 329 in the amount of $155,000.00 in the Office of the Clerk for the County of Suffolk. Agricultural Assessment in Liber 11665 cp 645. The assessed valuation on the premises herein are listed as partially exempt for taxation at the present time, but will be su]Dject to the discontinuance of such exemption and the imposition of an additional tax upon the transfer of title or possession from the exempt owner. Survey made by Smith and Jung, dated 6/23/93, shows vacant land; also shows edge of pavement encroaches 5 feet southeast of northwesterly corner of premises and farm field encroaches 30 feet, more or less, northwest of southeasterly line. No other encroachments shown. Company excepts any state of facts since date of above survey. Unpaid water charges to date, if any. Rights or claims of parties other than THE INSURED in actual possession of any or all of the property. Subject to 1995/1996 second half real estate taxes. subject to unpaid Franchise Taxes vs Lieb Vineyard, Inc., to date. COMMONWEALTH LAIRD TITLE INSURANCE COMPANY STANDA~RD MEW YORK ENDORSEMENT OWNER' S POLICY To be attached and made a part of Policy Number: 206-082086 1. The following is added to the insuring provisions of the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) . If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." tlhingherein contained shall be construed as extending or changing the effective date of said icy, unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: 04/16/96 COMMONWEALTH LAND TITLE INSURANCE COMPANY VICE PRESIDENT AND BRANCH M~NAGER COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. R~960482 SCHEDULE A THE PREMISES iN WHICH THE INSURED ~AS THE ESTATE OR INTEREST COVERED BY THIS POLICY ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southwesterly side of Bridge Lane with the southeasterly side of Oregon Road; RLTN-NING THENCE South 45 degrees t5 minutes 35 seconds East along the southwesterly side of Bridge Lane 676.17 feet; THENCE South 45 degrees 39 minutes 45 seconds West 491.32 feet; THENCE South 47 degrees 35 minutes 55 seconds East 650.36 feet; THENCE South 44 degrees 00 minutes 35 seconds West 150.06 feet; THENCE North 47 degrees 35 minutes 55 seconds West 1403.07 feet to the southeasterly side of Oregon Road; THENCE North 51 degrees 44 minutes 30 seconds East along the southeasterly side of Oregon Road 677.10 feet to the point or place of BEGINNING. FOR COICVEYANCING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above (described premises, to the center line thereof. OF TITLE. B 1190-1 Compare ma5 pursue an) litigauon to finai determinauon bx a court (31 compe[em )urisdic,on and expressl3 reserves the right, in ils sole discretion. (di in all cases where thi~ poli% permits or requires the Compan3 prosecute or provide for the defense of any actmn or proceeding, lhe insured shall secure to Ihe Company the right to so prosecute or provide defense in Ihe acuon or proceeding, and all appeals therein, and permit the Compan> Io use. al tls option, thc name of the insured for this purpose Whenever requested by the Compan). thc insured, at the Company's expense, shall give the Compan3 all reasonable aid (U in an> acnon or proceeding securmg evidence, obtaining wdnesses, prosecuPng or defending the action or proceeding or effecting seltlemenl, and {ii) m an~ other lawful act which in the opmmn of the Company max be necessarx desirable Io establish the title to the estate or intefesl ~s insured If'the Compan> is premdiced b) Ihe failure of thc insured to furnish the reqmred cooperatmn. Ihe Companys obligations Io the insured under the policx shall lermmate, including an3 liabild) or obhgaqon lo defend, prosecute, o'r continue an5 liugalmn, with regard to the matter or mallets reqmrmg such 5. PBOOF OF LOSS OR DAMAG~:. In addition to and after the Ilottces required under Section 3 of Ihesc Conditions and SPpulations have been provided the Company. a proof loss or damage signed and sworn to b! the insured claimant shalI be furnished ~o the Company within 90 days after the insured claimant shall ascertain Ihe facts g~vmg rise to the loss or damage The proof of loss or damage shall describe the defect in. or lien or encumbrance on the title, or other mallet insured against by Ihis policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculaling the amount of the loss or damage, If the Company ~s prejudiced by the failure of the insured claimanl to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liabilil) or obligation to defend, prosecule, o~ continue any li,gation, with regard to the matter or mailers requiring such proof of loss or damage In addition, thc insured claimant ma5 reasonably be required to submit In exammation under oath by any authorized representative of thc Compan3 and shall produce for cxafiunation, inspection and copying, al such reasonable times and places as ma3 be designated b3 any authorized representative of thc Compan3, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Dale of Policy. which reasonably pertain Io the loss or damage Further, if requested b) any authorized representative of thc Company . the insured claimant shall gram tis permission, in wining, for anx authorized representative of Ihe Company to examine . inspect and cop'3 ali records books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonabb pertain to the loss or dar~age All information designated as confidential by the insured ctaimanl provided to the Company pursuant to this SecPon shall nOl be disclosed to others unless, in the reasonable judgement of the Company. it is necessar~ in the administration of the claim Failure of the insured claimanl m sugmit for parties as required in this paragraph shall terminate an) liabild~ of the Company under this policy as Io that claim. 6. OPTIONS TO PAY OR OTHERWISE SETrLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under Ibis polic), the Compan> shall have the following options: la)To Pa3 or Tender Payment of the Amount of Insurance this policy together with any costs, attorneys' fees and expenses incurred thc insured claimant, which were authorized by the Company, up to ume of paymant or tender of paymem and which the Company is obliga- ted to pay. Upon the exercise by lhe Company of this optiom all liabildy and obligations to the insured under this puli%, other than ~o make the payment required, shall terminate, including any liabitd~ or obliga,on to defend, prosecme, or conbnue any litigatmn, and th~ policy shall be surrendered to the Company for cancellation (b} To Pay or Otherwise Settle With Parties Other ihan the Insured or With the Insured Claimant. (il to pay or otherwise seltle with other parties for or in the name of an insured claimant any claim insured agmnsl under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimam which were authorized by the Compan3 up to time of payment and which the Company is obligated to pay: or (ii) to pay or otherwise settle with the insured claimanl the loss or damage provided for under this policL together with any costs, attorneys' fees and expenses ~ncurred by the insured claimanl which were authorized by the Company up to the time of pavmenl and which the Compan) is obligated Io pay Upon the exercise by the Compan) of either of the up,ohs provided for m paragraphs (bi(ii or (ii), the Company's obliga,ons to the insured under this policy for the claimed loss or damage, other than the payments required to be made~ shall terminate, including any liabildy or obligation defend, prosecute or continue any litigation. Condl and Stipulations Continued Inside Cover CONTROL NO. ~'05-gig~0gb CONDITIONS AND STIPULATIONS 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. ~o T,his policy is a conlract of indemnity againsl actual monelary loss or age suslained or incurred by thc insured claimanl who has suffered loss r damage by reason of matters insured against by Ibis policy and only to lite extent herein described. (a) The liability of the Company under Ihis policy shall nol exceed the leasl of: ti) the Amount of Insurance stated in Schedule A; or, (ii) Ihe difference between the value of lhe insured estate or interes~ as insured and the value of Ibc insured eslale or inleresl subject Io Ihe defect, lien or encumbrance insured againsl by Ibis policy (b) In the event the Amount of Insurance staled in Schedule A al the Date of Policy is less fllan 80 percenl of the value of Ihe insured eslate or inleresl or the full consideration paid for Ihe laed, whichever is less, or if subsequenl lo the Date of Policy an improvemenl is creeled on lbo land which increases Ihe value of die insured estale or interesl by al leasl 20 ~eorCenl over the Amounl of Insurance slaled in Schedule A, Ihen lhis licy is subject Io the following: (ii where no subsequenl improvemenl has been made. as to ally parlial loss, die Company shall only pay Ibe loss pro rata in Hie proportion thai tbe amount olinsurance al Date of Policy bears to Ihe Iotal value {if the insured estale or interest at Dale of Policy; or (ii) where a subsequent improvement has been made, as to any parlial loss, the Company shall only pay tile loss pro rata in Ihe pro *ortion that 120 percent otlhe Amount of Insurance staled ill Schedule A bears 1o the sum of the Amount of Insurance slated ill Schedule A and the amount expended for the improvemenl. The provisions of Ibis paragraph shall not app[y to cosls, attorneys' fees and expenses for which the Company is liable under Ibis policy, aud shall only apply to Ihal portion of ally loss which exceeds, in Ihe aggregate, l0 percent of the Amounl of Insurance stated in Schedule A. (cl The Company will pay only those costs, athlrneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulalions. 8. APPORTIONMENT. If the land described in Schedule A consists of Iwo or more parcels clt a~e not used as a single site, and a loss is established affecting one or re of Ihe parcels bul not all, the loss shall be computed and seHled on a rata bas~s as if the amount of insurance under this policy '.,.'as divided pro tala as to tbe value on Date of Policy of each separate parcel h~ the whole, exclusive of any improvements made subscquem to Date of PoEcy, unless a liabi[ity or value has odterwise been agreed upon as to each parcel by the Company and the insured at the lime of the issuance of this policy policy. 9. LIMITATION OF LIABILITY. (a) If ~he Company establishes Iht lille, or removes the allt'gcd dc[~ct, land, or cures the claim of unmarkelabildy of title, all as insured, in &~ reasonably diligenl manner by any method, inc]eding litigation and the completion of any appeals Iherefrom, il shall have hilly perfornled ils obligalions with res ~ect to Ihal matter and shall nol be liable fl. any loss (b) In Ibc event of any liligalion, including liligalion by Ibc Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determinalion by a court of compelenl jurisdiction, and disposition of all appeals therefrom, adverse Io the title as insured. (c) Tile Company shall not be liable for loss or damage 1o any insurcd for liabilily volunlarily assutned by the insured in settling any claim or still without, the prior wrilten consenl of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments tinder this policy, exceJ~t payments made [or cosls, 11. LIAEIUTY NONCUMULATIVE it is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to sich,the insured has agreed, assumed, or taken subject, or which is eafler executed by an insured and which is a charge or lien on the ate or interest described or relerred to In Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF LOSS. NM 1 PA 10 (Continued) (b) When liability and the extent of loss or damage has been definilely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days Ihereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation Whenever tbe Company shall have settled and paid a claim under this policy, all righl o[ subrogation shall vest in the Company unaffected by any act o[ tbe insured claimant. The Conlpany shall be subrogated to and be entitled Io all rights and remedies which Ihe insured claimant would bare had againsl any person or property in respect to the claim had tbis policy not been issued If requesled by the Company, thc insured claimant shall transfer to tile Cmnpany all righls and remedies against any person or property necessar ' in order Io perfecl Ibis right of subrogalion The insmed claimant pcrmil tile Company In sue, compromise or sallie in the name of the Iransacfion or liligation involving these rigths or remedies, If a paymenl on accoum of a claim does nol fully cover the loss of the insured claimanL Ihe Compauy shall be subrogaled to these rights and remedies in the proportion which the Company's paymcnl bears lo Iht Ir' loss shouhl result from any act of Ihe insured claimanL as stated above, that act shall nol void this policy, but the Company, iu {hal event, shall be required to pay only that part of any losses insured against by this policy which shall exceed thc amount, if any. lost to the Compm{y by of subrogalion (b) The Company's Rights Against Non insuled Oblignrs The Company's rig}fl {if subrogalion againsl non-insured obligors shall exist and shall inchlde, without limitation. Ihe ri?his of Ihe insuled which provide for subrogalion rights by reason {if this policy 14. ARBITRAllON NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (212) 9494)100 OWNER'S POLICY OF TITLE INSURANCE 0o47-~2) Commonwealth Title Insurance Since 1876 1700 Marker Street [ Philadelphia, PA 19103 B 1190-3 NEW YORK OFFICES NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 ALBANY 286 Washington Ave. Extension Corporate Plaza West Albany New York 12203 (518) 452-4525 BUFFA LO 298 Main Street Buffalo, New York 14202 (716) 853-6800 GARDEN CITY 1325 Franklin Ave. Suite I01 Garden City, New York 11530 (516) 742-7474 NEW CITY 17 Squadron Boulevard New City., New York 10956 (914) 634-7070 RIVERHEAD 177 Old Country Road Riverhead, New York 11901 (516) 727-7760 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 NATIONAL ilI'LE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 P R O P E R T Y R E C O R D S 2004 SUFF~ ~UNTY TAX MAP File View Tooiber Help )'3.-1-3.4 473889 Soulhdld Reactm:~ated, Lleb VIneya~d Lc Ro Yea J2005 Cu~Y~ Landn 15750 Oregon Rd Lend S ze 12 9G acle~ ':~: .: Ownei To a :1 Name'. Lmeb Vmne~aid LLC ~C County: :~;;~; !00 Street: 14990 0regon Rd ~ Sch~ ~00, POBox: 907 City: Cutchogue. NY Zip: 11935- Sch~ff~r: 100 S~le ~o~l: 0 Site 1 6~ 1 Book Page Bale Date Bale Price Owner Prpcl=: Nbhd Cd: Sewe Exemption Total 1 Term Own Building Code Amoun Yea Pc 41720 AG DIST ' 1.500 0 0 Special Dist[icl To~a): 4 , Value / .~J Impr~em~t Code uni~ pc[ Type MoveTax~r~pe~. FD029 Cutcho ue FE 00 .00 00 PK090 Cutch New S~ .gO .O0 ,00 ~l Print~ the sc~een ~ TOWN b ¢.', -- 7J - l-~r OF $OUTHOLD PROPERTY able SEAS. VL IMP. TOTAL DATE 2 r----i Ob V l LLAGE '~ COMM. CB. MICS. REMARKS RECORD CARD I D:T. SUB. LOT ~'PE OF BUILDING Mkt. Value '-LI FRONTAGE ON WATER odland FRONTAGE ON ROAD :dowla~d DEPTH ~se Plot BULKHEAD Date of Sale: ............................................................................. 1/20/94 Selling Price: ............................................................................ $209,000 Grantor: ........................................... The Society for the Propagation of the Faith Grantee: .............................................................................. Lieb Vineyard Improvemmts: ...................................................................... vacant farmland SCTM/~: ............................................................................. 1000-73-1-3.4 Parcel Size: ............................ : ............................................... 12.96 acres Location: .......................................................... Bridge Lane, Cutchogue, NY 11935 Condition: ................................................................................... typical Price per acre: ............................................................................................... $16,127 Zoning: ............................................................................................ A-C Liber/page: .............................................................................. 11661/108 Data Source: ................................................................................ grantor Utilities: .................................................................................... typical Highest/Beg Use: .......................................... current zoning with improvements 1997 photo 27 A E R I A L S ~regon Rd, Cutchogue 12;9698 acres S U R V E Y REF, ONLY: i000-073-0t~p/0 O0~,J; ~O007084~OS-P/O, O04 BRIDGE LANE o.-~.,. S 45'-J5'-35" E 576. J7' TO LIEB VINEYARD AREA = ~i.5850 Acres SE T MONUM~ 999.38' N 47'-35'-55" ~1 TOTAL AREA = i2.g698 Acres SURVEY CERTIFIED TO: LIEB VINEYARD, LAWYERS TITLE INC. INSURANCE CORP. ~pra~Sstona! Eandcsurveyor 120 Medford Avenue pa[chogue, NY ~772 Phone: 475-3~g2 SET H§NUMENT Sca]b: i INCH = 80 FEET OTHER LAND OF THE S 47°-35'-55" E 650,35' ~ ASIP TO LIEB VINEYARD ~ ~ AREA = 1.3B48 Acres ~403.70' 240 SET MOmeNT N/F RcSUINN[GL OTHER LAND OF LIEB VINEYARD, INC SURVEY OF PROPERTY CUTCHOSUE TO#N OF SOUTHOLD SUFFOLK COUNTY NEH YORK