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HomeMy WebLinkAboutRaphael Vineyards, INC1000-85-3-11.2 (f/k/a 1000-85-3-p/o 11) Baseline Documentation Premises: 39390 Route 25 Southold, New York 43.6463 acres Development Rights Easement RAPHAEL VINEYARDS, INC. to TOWN OF SOUTHOLD Deed dated March 29, 1999 Recorded April 21, 1999 Suffolk County Clerk - Liber 11958, Page 706 SCTM #: Premises: 1000-85-3-11.2 (f/k/a 1000-85-3-p/o 11) 39390 Route 25 Hamlet: Southold Purchase Price: Funding: $336,076.51 (43.6463 acres ~ $7,700/acre) Agricultural Lands Capital Fund and NYS Department of Agriculture & Markets grant ($183,831.51) CPF Project Plan: n/a Total Parcel Acreage: 50.4829 acres Development Rights: Reserved Area: 43.6463 easement acres (n/k/a 1000-85-3-11.2) 6.8366 acres (n/k/a 1000-85-3-11.3 [1.8366 acres] and 1000-85-3-11.4 [5.0 acresl Zoned: A-C Existing Improvements: In March 1999 - Metal farm building in center of property A P P R A I S A L R E S O L U T I O N SOUTNOLD TOWN BOARD WORK ,SESSION Present: ..,Supervisor Jean W. Cochran, Joseph L. ;Tewr~send, Jr., Councilwoman JUNE 10, 1997 Councilwoman Alice J. Hussie, Councilman Ruth D. OIIva, Justice Louisa P; Evans, Councilman William D. Moore, Town Clerk Judith '1'[. Terry, Town Alt0rney ,Laury L. Dowd.., 6.-Moved. by Councilwoman Hussie, seEonded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby engages the-sei-vlces Of Da,~Id Wimpelberg, Certified Real Estate Appraiser, at a total fee of $2,000.00, to conduct appraisals on behalf of the Land PreServatibn COmmittee onthe following properties: Raphael 'Vineyard (John PetroceUi} South side of Route 25, Peconlc Tax Map .#1000-85-3-11.1 Approximately 50 acres Reynold Blum- Main' Road:, Peconic Tjx Map ~Jf1000-7-1-15.1 Aplaroximately 211,9 acres (~.-~/ot&- of the T~wn Boar~: Ayes: ~Councilman Moore, Justice Evans, Councilwoman Ollva, Councilman 'Townsend, Councilwoman Hussle, Supervisor 'Cochran~ This resolution was duly ADOPTED. P R 0 P E R T Y V I S U A L S Ill .! DAVID C. WI~ELBERG, SRA PHOTO ADDENDUM 8~ower/Client OWNER - R~{phael Vineyards, Inc. ZJohn Peirocelli [PropedyAddress S/S Main Road, 500+-' w/o Indian Neck Lane City Peconic County Suffolk Lender N/A State New York ZipCode 11958 FRONT VIEW FROM MA I N ROAD STREET SCEENE - LOOKING EAST AUONG MAIN ROAD LOOKING ACROSS SUBJECT PROPERTY 2467 rormFill® PC-.PlusTM (800) 262-4805 2 ~ Traveler Watchman ~ Thursday, April 9, 1998 Vineyard Building Proposal Squashed By Michael DeMaria SOUTHOLD -- A preliminary ren- dering for a proposed winery at Raphael Vineyards in Cutchogue received little suppgrt from either the Architectural Review Committee or the town's Plan- ning Board this week. Both entities said that the 200-foot long, villa-style structure with a red- tiled roof would have a large visual impact on the surrounding area and should be modified. The Architectural Committee said in a letter to the Planning Board that the building was "markedly dissimilar" to structures in the surrounding area. The vineyard owners argued that the archi- tecture of the area, near the intersec- tion oflndian Neck Lane and Route 25, is currently a hodge-podge that includes ranch houses and Pindar Vineyard's winery building, which was built in a contemporary style. Planning Board member Dick Ward, however, said that "if Pindar came in today with his plans, I think he'd have trouble." Planning Board members didn't re- spond to architectural concerns, but concentrated instead on the visual im- pact a 1-3,000-square-foot building 200 feet in length would have. In prelimi- nary plans, the building faces Route 25, and board members suggested turning the building and moving it back. They also objected to a parking lot placed in front of the structure. The owners have carved an area out of a 3.4-acre lot on which they have planted their vines. The area fronts Route 25. "Why you would want to take a beautiful building like that and mm it Back to the Drawing Board M,ohae oe Mar,a Tr ve,erwa .m The owners of Raphael Vineyards in Cutchogue are proposing to build a large wineW in this section of a vineyard facing Route 25, but the project faces opposition from the town. so you can't see it is beyond me," said one of the vineyard owners. "This building is going to bring a lot of pub- licity to the wine industry' and to the North Fork." "The building impact is immense on the flat piece of ground," said board member Bill Cremers. "It looks like a shopping center." Some board members said the build- ing looks spectacular, but that the vi- sual impact is just too great. The build- ing itself is currently planned to be set back more than 200 feet from the road, but board members suggested pushing it back further and disguising it with landscaping or greenery buffers. Raphael owners said they were will- ing to landscape as necessary, but that pushing the building back farther would move it into the area where vines have already been planted. They also said the building was designed to produce red wine only, a first in the area. Planning Board Chairman Ben Orlowski said the next step is for the Raphael architects to meet ~vith the Architectural Review Committee to dis- cuss in detail the committee's objec- tions. No formal application has yet been filed by the vineyard owners. P U B L I C H E A R I N G ELIZABETH A. NEVILLE 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 CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY SOUTHOLD TOWN BOARD AT A REGULAR MEI:¥1NG HELD ON FEBRUARY 3, 1998: public rights Road RESOLVED that the Town Town of $outhold hereby sets 5:02 P.M., Thursday, 1998, $outhold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a hearing on the question of the acquisition of development in the agricultural lands of Raphael Vineyards, Inc., Main and Leslie's Road, Peconic, New York, SCTM ~ Board of the February 19, 1000-085-03-011.1, 45 acres, $7,700.00. Southold Town Clerk February a,, 1998 LEGAL NOTICE NOTICE OF PUBLIC ItEARING 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 19th day of February 1998, at 5:02 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 agricultural lands of Raphael Vineyards, Inc., Main Road and Leslle's Road, Peconic, New York, SCTM No. 1000-085-03-011.1, comprising 1+5 acres at $7,700 per acre. FURTHER NOTICE iS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. DATED: February 6, 1998. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISIt ON FEBRUARY 12, 1998, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHO'LD, NY 11971. Copies to the following: The Traveler Watchman Town Board Member Town Attorney Town Clerk's Bulletin Board Raphael Vineyards, Inc. Land Preservation Committee PUBLIC HEARING SOUTHOLD TOWN BOARD February 19, 1997 5:02 P.M. ON THE ACQUISITION OF THE DEVELOPMENT RIGHTS o IN THE AGRICULTURAL LANDS OF RAPHAEL VINEYARDS, INC. Present: Absent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Tbwn Clerk Elizabeth A. Neville Town Attorney Laury L. Dowd Councilman William D. Moore SUPERVISOR COCHRAN: The second hearing scheduled is acquisition of development rights in the agricultural lands of Raphael Vineyards. Judge Evans will read the notice. 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 19th day of February, 1998, at 5:02 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by t~ Town of Southold of the development rights in the agricultural lands of Raphael Vineyards, Inc., Main Road and Leslle's Road, Peconic, New York, SCTM No. 1000-085-03-011.1, comprising ~,5 acres at. $7,700 per acre. Further notice is hereby given that the fiie containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: February 6, 1998. Elizabeth A. Neville, Southold Town Clerk." There is an affidavit that it was published in The Traveler-'~/atchman, and that it was put up on the Town Clerk's Buffeting Board. There is no correspondence. SUPERVISOR COCHRAN: You have hear-~ ~h~ "~dlmg of t?e proposal for the accuis[tion of the farm deveJopment r,gr-ts of ~aphael Vineyards, Inc. ls ther~ anyone that would like to speak in relation to t~s acquisition, pro or con? Mr. Chairman? pg 2 - PH DICK RYAN: My name is Dick Ryan. I am your Chairman of the Town of Southold Land Preservation Committee. I have an aerial photograph here, which outlines the subject parcel under consideration, located in Peconlc, about 500 feet west of Indian Neck Lane and between Main Road and Leslie's Road. The property totals approximately 50.2 acres in size, with about 705 feet of frontage on the south side of Main Road, and 913 feet of frontage alon9 the north side of Leslie's Road. Approximately 45 acres of the parcel are offered for the purchase of development rights. The northeasterly-most 5 acres of the entire parcel are supposed to be reserved from the purchase, intended for a continuation of existing residential uses, as well as a proposed winery use, all in accordance with zoning. The purchase price is $7,700 an acre, totally about $3/46,500, subject to final sur~ey~ The market value of the proposed purchase was determined by a July, 1997 appraisal, commissioned by the Town Board from David Wimpelber. g. The zoning for the parcel is Low-Density Residential R-80, minimum size of 80,000 square feet. The soils are in the Haven Loam classification, one of the prime agricultural soils of Long Island. The farm is currently an established vineyard. The property is located adjacent on the west to approximately ~,0 acres of other agricultural lands, over which the County of Suffolk owns the development rights. Adjacent on the east is an open space area of a residential development, Known as the Map of Wild Oats, north of Main Road,_ opposi~ this parcel, are other sizable farmlands, over which, the County holds development rights easements. Because of the enhancing factors of agricultural use, size, vista-enhancement, proximity to other preserved agricultural and open space lands, as well as buffer enhancement between the hamlets of Peconic and Cutchogue, the Land Preservation Committee is unanimous in recommending ~i¥~ [,~'~c!'~as.e of t'hese development rights. The purchase will do much to preserve important agricultural lands and further assure the country-like environment enjoyed by the residents of the Town of Southold. I urge the Town Board to accept the offer of development rights to the /45 acres, owned by Raphael Vineyards, Inc. pursuant to the provisions of Chapter 25 of the Ton Code, entitled "Agricultural Lands Preservation". Thank you. SUPERVISOR COCHRAN: Anyone relation to the acquisition of this close the hearing. else like to address the Town Board in property? (No response.) If t~ot, I will Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABET~I A. NEVILLE 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 CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THE FOLLOWING THE SOUTHOLD TOWN BOARD AT A FEBRUARY 19. 1998: RESOLUTION WAS ADOPTED BY REGULAR MEETING HELD ON RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and NYCRR Part 617.10, and Chapter ~,u, of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Acquisition of development rights in the agricultural lands of Raphael Vineyards, Inc., Main Road and Leslie's Road, Peconic, New York, SCTM No. 1000-085-03-011.1, comprising acres at $7,700.00 per acre. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. Southold Town Clerk February 20, 1998 Slz~e ~.nvir~n~enml ~uali~7 Review SHORT ENVIRONMENTAL ASSESSMENT FORM Far UNLISTED ACT]CNN Only PART i--PROJECT INFORMATION (To be c~mpleted 9y AcDllcan[ or Prcjec', socn~or) SEQ~ Town of Southold land Presserv. Comm!,Raphael VIneymrdsInc Dev. Rts. Purc~ ~.nlc!=amy Southold ~u~ Suffolk 39390 ?in Road (NYS Rou~e 25), Peconic. s/s Main Road, ppprox. 500' wes~ of Indian Neck L~ne. SCTM // 1000-08~-0~-011.1 Purchase of development rights easemen~ ~o approximately $5 acres of a 50.2-acre parcel of a~ricultural land. ~nitlally ~0 · 2 ~C:aS ~lUmale~y · neighborhood of mixed residential and agrlcultur~ . uses. STATE OR , Approval of Southold Town Board. Southold Town Board approval to to negotiate potential purchase. obtain appraisal of easement value an< Richard n the ~ction is in the Coastal Alee, and vcu ~re e state :r=enc.., compiete the I Coastal Assessmet~t Form ~efc~re pTroceeding with this assessment OVER mART II--ENVIRONMBNTAL ASSESSMENT (Tm ;e como~eted ~Y Agency) None, None. aART I[I~O~ERMINATION OF SiGNIFiCANCE ~o 0e com~let~ by Agency) ~ Check :~is ~ox if you have identified one or more ooten~iaily large,or significant a~veme imoacts wnic~ MAY occur. Then 0roceed ~[rsc:ly io :he ;ULL -CAF and/or preoare a positive declaration. Southold Town Board P U R C H A S E R E S O L U T I O N ELIZABET~I A. NEVILLE 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 CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 19. 1998: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of Raphael Vineyards, Inc., Main Road and Leslie's Road, Peconic, New York; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 19th day of February 1998, 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 of set forth in the proposed acquisition between the Town and Raphael Vineyards, Inc.; now therefore, be it RESOLVED that the Town Board elects to purchase the development rights in the aforesaid agricultural lands owned by Raphael Vineyards, Inc., comprising q5 acres, at a sale price of $7.700.00 per acre; said property located at Main Road and Leslie's Road, Peconlc, New York, $CTM No. 1000-085-03-011.1; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Raphael Vineyards, Inc.; and 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 20. 1998 C L O S I N G S T A T E M E N T CLOSING STATEMENT RAPHAEL VINEYARDS, INC. to TOWN OF SOUTHOLD Development Rights Easement 43.6463 acres @ $7700/acre Premises: 39390 Route 25, Southold, New York SCTM #1000-85-3-11.2 Closing took place on Monday, March 29, 1999, at 2:30 p.m., Southold Town Hall Purchase Price of $ 336,076.51 disbursed as follows: Payable to Raphael Vineyards, Inc. Check #51501 (3~29~99) Payable to Raphael Vineyards, Inc. Check #51514 (3~29~99) $ 331,100.00 $ 4,976.51 Expenses of Closing: Appraisal Payable to David C. Wimpelberg, SRA Check ~4791 (10/14/97) $ 1,000.00 Title Report Payable to Water Mill Abstract Corp. Check #51515 (3/29/99) $ 1,755.00 Those present at Closing: Jean W. Cochran Gregory F. Yakaboski, Esq. John Petrocelli, Sr. Joan Petrocelli Abigail Wickham, Esq. Stephen F. McMahon Southold Town Supervisor Attorney for Town of Southold President, Raphael Vineyards, Inc. Wife to John Petrocelli, Sr. Attorney for Seller Title Company Closer TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-O959 DATE 03/29/1999 CHECK NO 051501 .o. 051501 AMOUNT **$331,100.00'* :)AY TO THE 3RDER OF RAPHAEL VINEYARDS, INC. .8686.4.000.000 32999 PURCHASE OF DEVELOPMENT RGHTS 331,100.00 TOTAL **$331,100.00'*, TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAIN ROAD NO. SOUTHOLD, NEW YORK 11971-0959 DATE CHECK NO. 03/29/1999 051514 :. ,,, 051514 AMOUNT PAY TO THE ORDER OF RAPHAEL VINEYARDS, INC. ,'0S;,5~,[,,' ':O;~;,~,OC;h~=L,~: P-,3000001, 0,' 1.8686.4.000.000 32999-1 PURCHASE OF DEVELOPMNT RGHTS 4,976.51 TOTAL **$4,976.51'*, TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 023347 WIMPELBERG SRA/DAVI JE Date Trx. Date Fund Account ~ ............................ Be~i , ,~'8/05/1997 8/05/1997 Hi .600 8/05/1997 8/05/1997 H1 .600 9/30/1997 9/30/1997 H1 .600 10/14/1997 10/14/1997 H1 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10141997-638 Line: 355 Formula: 0 : : Account.. H1 .600 : :Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 10/14/1997 SDT 10/15/97 Trx Amount... 1,000.00 Description.. APPRAISAL-RAPHAEL VINEYD Vendor Code.. 023347 Vendor Name.. WIMPELBERG SHA/DAVID C. Alt Vnd.. CHECK ........ 44791 SCNB Invoice Code. RLSH7 VOUCHER ...... P.O. Code .... T.B. Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. N Date Released 10/14/1997 Date Cleared. 10/31/1997 F3=Exit F12=Cancel TOWN OF SOUTHOLD 53095 MAIN ROAD $OUTHOLD, NEW YORK 11971-0959 DATE 03/29/1999 CHECKNO 051515 .o. 051515 **$1,755.00'* PAY TO THE ORDER OF WATER MILL ABSTRACT CORP. ,"O5~5&5," ':O2;hOSNghl: ~ OOOOOI, 0,' VENDOR t/23024 WATER MILL ABSTRACT CORP. 03/29/1999 CHECK #051515 686.4.000.000 32999 TITLE COSTS-RAPHAEL VINEYRDS 1,755.00 TOTAL **$1,755.00' TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D D E E D Number of pages Serial it Certificate # Deed / Mortgage lustrument .t, 41 EA-52 17 (Com~ly) ~ Affidavil Certified Copy Reg. Copy Oilier RECEIVED $ ~ REAL ESTATE TRANSFER TAX SUFFOLK COUNTY Deed / Mortgage Tax Stamp EDWARD E ROMAINE CLERK OF SUFFOLK COUNTY Recordi.g / I. iliug Stamps FEES /i r'i TOWN ATTORNEY'S OFFICJ TOW~ O~ S~ SubTotal ~ SubTotal GRAND TOTAl, I. Basic Tax 2. Additional 'lax Sub Total Spec./As$it. Or Spec./Add. TOT, MTG. 'FAX Dual Town_ Dual Courtly __ Real Prol~erty Tax Service Agency Verification Dist. Section B Itek Lo{ Conmlunity Preservation Fund Consideration Amount $,~'~7~ CPF Tax Due $ A Satisfactions/Discharges/Releases List Property Owners Maili~ RECORD & RETURN TO: /?~, z~ox //~¢ ~r-~>. ,a/~.~ ~,~ //~?/ RECEIVED <3 TD TD COMMUNITY FUND Title Colnpa~y hi formation Suffolk County Recording & Endorsement Page 'lhispagefom-,spartoftheattached '~'~'1) Or ~)~lL~O:?m~tr/' ~/'~-HT~ (SPECIFY 'I~fI'E OF INSq3{UMENT ) 'to 'lhe prelniscs herein is situated in SUFFOLK COUNI¥, NEW YORK. In the Tow~tship of_ '~45 o"thio In the VILLAGE or ItAMLET of ~)~¢.*.*.7¢~J i C ntade by: )XES 5 11 IRU 9 MUST BE TYPED Ol< PPdNI'[:,D IN Ill,ACK INK ONLY PRIOI*, TO I~.ECORI)ING OR FII ,lNG, (OVk{,' DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 29th day of March, 199~,BETWEEN Raphael Vineyards, Inc., residing at 100 Comac St. Ronkonkoma, N.Y. 11779, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation 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; WITNESSETH, that the party of the first part, in consideration of $336,076.51 (Three hundred thirty six thousand seventy six dollars and no cents) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, 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 defined in Chapter 25 of the Town 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: 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: SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set on the southerly side of Main Road (S.R. 25) (Kings Hwy) distant 1308.36 feet westerly, when measured along the southerly side of Main Road, from the corner formed by the intersection of the southerly side of Main Road and the westerly side of Indian Neck Lane, said point of beginning also being the point of intersection of the northwest corner of the herein described parcel and the northeast corner of land now or formerly of Elizabeth Ann Bock with the southerly side of Main Road (SR 25); RUNNING THENCE from said point of beginning along the southerly side of Main Road (SR 25) the following two (2) courses and distances: 1. North 59 degrees 32 minutes 25 seconds East 82.06 feet; 2. North 6i degrees 04 minutes 20 seconds East 92.95 feet; THENCE South 07 degrees 56 minutes 50 seconds East 411.83 feet; THENCE North 82 degrees 03 minutes 10 seconds East 571.20 feet to "Map of Peconic Bay Cove", file No. 7159; THENCE along said map and then "Map of Wild Oats", File No. 9331 and land of Geiger and Koraleski South 07 degrees 56 minutes 50 seconds East 2183.34 feet to a monument set on the north side of Leslie's Road; THENCE along the north side of Leslie's Koad South 51 degrees 32 minutes 00 seconds West 913.40 feet to a monument and land now or formerly of David Cichanowicz; THENCE along said land of Cichanowicz North 06 degrees 55 minutes 55 seconds West 2994.79 feet to a monument set on the southerly line of Main Road (SR 25) and the point or place of BEGINNING. 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 in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. 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 the 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 as defined herein. 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: 3 "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 convenant 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 to the property described herein may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Properly Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recerdable consent of the Purchaser. This covenant shall run with the land in perpetuity. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. 4 THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement after notice. This covenant shall not preclude lawful, normal and proper application of legal fertilizers, pesticides and fungicides for legitimate agricultural purposes. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by a party other than Purchaser, its agents or employees, by reason of a violation or non-compliance with any environmental 5 law; or the improper disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of.the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter 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 this subsection 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. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Purchaser: Tow~L,of Southold 6 119 8 706 State of New York, County of ~C4 F';*~C~' On the~qq~q day of,r72,~/C~, 1999, before me personally came -~--~/~ ~ET~03~/./-I'/ ~. t0 me known, who being by me duly sworn, did depose ~d say that he resides at No. I~ ~O~C ~T/ ~~m ~/ that he is the ~ i~T the corporation deScribed in and which executed the foregoing instrument; that by order of the ~-~.~,7'~ of said corporation he signed his name. / Notary Public STEPHEN F. McMAHON NOTARY PUBLIC, STATE OF NEW YORK NO. 01 MC4778790 / QUALIFIED IN SUFFOLK ~uI~rY~,/_ COMMISSION EXPIRES ~~ State of New York, County of c:~c4 ~ On the~ day of/7/~gc2Y , 1999, before me personally came to me known, who being by me duly sworn, did depose and say that she resides at No. ,~'7,0 '~;~,'55~,~U ,~.E.,,JUE/ ~'~-~DL'~ that she is the the corporation described in and which executed the foregoing instrument; that by order of the"'~-~u/~'7~O~,~ of said corporation she signed her name. STEPHEN F. McMAHON NOTARY PUBLIC, STATE OF NEW YORK .o.o Mc4 s so OUAUF'ED I. ~MMISSlON EXPIRES ~ T I T L E P 0 L I C Y ALTA Owner's Policy (10-17-92) FTWC-900 POLICY OF TITLE INSURANCE ISSUE[) BY ~o~i~o. Y 140252 Title No. WMA-607-S-1972 First American Title Insurance Company o£ New York SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company of New York WATER MILL ABSTRACT CORP. President PRESIDENT FTWC-901 First American Title Insurance Company of New York SCHEDULE A Title No. NMA 607-S-1972 Amount of Insurance $ 336,077. Date of Policy Flacch 29, 1999 Policy No. ¥ 140252 1. Name of insured: TOWN OF SOUTHOLD 2. The estate or interest in the land which ~s covered by this policy is: development eights 3. Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD, which acquired title by deed from RAPHAEL VINEYARDS, dated 3/29/99 4. The land referred to in this policy is described as follows: see description following INC. FTWC-2] First American Title Insurance Company of New York SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set on the southerly side of Main Road (S.R. 25) (Kings Hwy) distant 1308.36 feet westerly, when measured along the southerly side of Main Road, from the corner formed by the intersection of the southerly side of Main Road and the westerly side of Indian Neck Lane, said point of beginning also being the point of intersection of the northwest corner of the herein described parcel and the northeast corner of land now or formerly of Elizabeth Ann Bock with the southerly side of Main Road (SR 25); RUNNING THENCE from said point of beginning along the southerly side of Main Road (SR 25) the following two (2) courses and distances: 1. North 59 degrees 32 minutes 25 seconds East 82.06 feet; 2. North 61 degrees 04 minutes 20 seconds East 92.95 feet; THENCE South 07 degrees 56 minutes 50 seconds East 411.83 feet; THENCE North 82 degrees 03 minutes 10 seconds East 571.20 feet to "Map of Peconic Bay Cove", file No. 7159; THENCE along said map and then "Map of Wild Oats", File No. 9331 and land of Geiger and Koraleski South 07 degrees 56 minutes 50 seconds East 2183.34 feet to a monument set on the north side of Leslie's Road; THENCE along the north side of 00 seconds West 913.40 feet to David Cichanowicz; Leslie's Road South 51 degrees 32 minutes a monument and land now or formerly of THENCE along said land of Cichanowicz North 06 degrees 55 minutes 55 seconds West 2994.79 feet to a monument set on the southerly line of Main Road (SR 25) and the point or place of BEGINNING. Title No. WMA-607-S-1972 WATER MILL ABSTRACT CORP. Agent For First American title Insurance Company of New York SCHEDULEB Policy No. Y 140252 EXCEPTIONS FROM COVERAGE 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: 1. Survey made by John T. Metzger, L.S. #49618 last dated 1/27/99 shows metal farm building. First American Title Insurance Company of New York STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on 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 incumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, First American Title Insurance Company of New York has caused this Endorsement to be signed and sealed on its date of issue set forth herein. DATED: March 29, 1999 COUNTERSIGNED WATER MILL ABSTRACT CORP. Authorized Signatory STEPHEN F. MC MAHON President First American Title Insu ra~ce Company of New York STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) EXCLUSIONS FROM COVERAGE g 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: (al Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (il the occupancy, use, or enjoyment of the land; (ii) the Character, dimensions or location of any improvement 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 effect of any violation of these laws, ordinances or governmental regulations, 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 (al 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 tand has been recorded in the public records at Date of Policy. 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. Defects, liens, encumbrances, adverse claims or other matters: (al 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 policy; (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. 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: (il the transaction creating the estate or interest insured by this policy being deemed a fradulent conveyance or fraudulent transfer; or (ii) 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 (al to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS. The fogowing terms when used in this policy mean: (al "insured": the insured named in Scheqole A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of th~ named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of mat- ters affecting the land. (d) "land": the land described or referred to in Schedule (Al, and improvements affixed thereto which by law constitute real property. The term "land" does not include any pmberty beyond the fines of the area described or referred to in Schodule (A}, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify m limit the extent to which a right of access to and from the land is insured by this policy. (el "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (fl "public records": records established under state statutes at Date of Policy for the purpose of imparlieg con- QeUVe notice of matters relating to real property to pur- rs for value and without knowledge. With respect to on 1(al(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the reqords of the clerk of the United States district court for the district in whigh the land is located. (gl "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to~ purchase by virtue of a contractual condition requiring the beliver¥ of marketable title. the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, pros- ecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be re- quired to submit to examination under oath by any authorized representative of the Company and shall produce for examina- tion, inspection and copying, at such reasonable times and places as may be designated by any authorized repmsentaUve of the Company, all records, books, ledgers, checks, corre- sponbence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, be~ka, ledgers checks, correspondence and memoranda in the cus- tody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insu red claimeet provided to the Company pursuant to this Section shall not be disclooed to others unless, in the reason- able judgment of the Company, it is necessary in the adminis- tration of the claim. Failure of the insured claimant to submit for examination under oath, produce ot her reasonably request- ed information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (al To Pay or Tender Payment of the Amount of Insurance. To oav or tender garment of the amount of insurance b) In the event of any liUgaUon, including liUgation by the Company or with the Company s consent, the Company shell have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals lherefrom, adverse to the title as insured. (c) Tee Company shall not he liable foe loss or damage to any insured for liability voluntarily assumed by the 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 po&icy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto, 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken sub ect, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (al No payment shall be made without producin9 this policy for endorsement of the payment unless the policy has been ioof or destroyed, in which case proof of loss or destruc- tion shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Cooditio~ and Stipulations, the loss or damage shall be payable within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. 2. CONTINUATION OFINSURANCE AFTER CONVEY&NCE OF TITLE. The coverage of thin policy shag continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebted- ness secured by~ purchase money mortgage given by a WeiSer from the insured, or only so long as the insured shall ability by reasop of covenants of warranty made by the d in aqy transfer or conveyance of the estate or interest. This policy Shall not continue in force in favor of any purchaser from the insured oi either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shag not be given to the Company, then as to the insured all liability of the Com- pany shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case pm}udice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DtJTY OF INSURED CLAIMANT TO COOPERATE. la) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unrea- sonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action allegiog a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of plUred to object for reasonable cause) to represent the as to those stated causes of action and shall not be for and will not pay the fees of any other counsel. The ny will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. lb) The Company shag have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to pre- vent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litiga- tion to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order (d) In all cases where this policy permits or requires t he Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or pro- ceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose Whenever requested by the Company, the insured, at the Com- pany's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or affecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the reduimd cooperation, the Company's obligations to thc insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, err o~rd to the matter or matters requiring such cooperation F OF LOSS OR DAMAGE. in addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lieu or encumbrance on the title, or other matter insured against by this policy which constitutes expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or ten- der of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall he surrendered to the Company for cancellation. lb) To Pay or Otherwise Setbo With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claim- ant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obli- gations to the insured under this policy for the claimed loss or damage, other than the payments required to he made, shall terminate, including any liability or obligation to defend, pros- ecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or iucurred by the insured claimant who has suffered loss or damage by reason of mat- ters insured against by this policy and only to the extent herein described. la) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. lb) In the event the Amount of insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which in- creases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial toss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Com- pany shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of InSLJranoo stated in Schedule A and the amount expended for the improvement The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shah only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. lc) The Compony will pay only those costs, attorneys' fees and expenses iocurred in accordance with Section 4 of these Conditions and Stipulations 8, APPORTIONMENT. If the land described in Schedule lA) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as i~ the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an ex- press statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. la) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarket- ability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimanb The Company shall he subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to pertect this right of subrogation. The in~ured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving 'these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be sub- rogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the Ioss~ If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. lb) The Company's Rights Against non-insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limita- tide, the rights of the insured to indemnities, guaranties, other policies of insurauoo or bonds, notwithstanding auy terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obggaDon. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shag he arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and t he insured, Arbitration pursuant to this policy and under the Rules in effect on the date the demand for, arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties, The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having juris- diction thereof. The law of the situs of the land shall apply to an arbitration under tho Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. la) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and con* tract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. lb) Any claim of loss or damoge, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action as- serting such claim, shall be restricted to this policy lc) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice Presi- dent, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERAglLITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall he deemed not to include that provision and all other provisions shall remain in full force and eRect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be turnished the Company shall include the number of this policy and shall be add ressed to the Company at 1050 Franklin Avenue, Garden City, New York 11530 Sq~ AMERi First Ametqcan Title Insurance Company of New York POLICY OF TITLE INSURANCE G R A N T S U B M I S S I O N TOWN COMPTROLLER John A. Cushman CENTRAL DATA PROCESSING John Sepenoski 53095 Route 25 P.O. Box 1179 Southold, New York 1 :_971-0959 ACCOUNTING & FINANCE DEPT. Telephone (631) 765-4333 E-mail: accounting@southold.o rg CENTRAL DATA PROCESS}'NG Telephone (631) 765-1891 E-mail: dataprocessing@southold.org Fax(631) 765-1366 TO~ OFSOUTHOLD OFPICE OF THE SUPERVISOR RECEIVED May 16, 2000 Mr. Bob Somecs, Chief A9 Protection Unit NYS Depad. ment of Agriculture and Markets Division of Agriculturai Protection and Development Services 1 Winners C~rc!e Albany, NY 12235-000! 8ou kt Tovm Re: Contracts No. C800504 & C800510 Dear Bob: As we discussed yesterday morning, enclosed please find documentation for reimbursement under the above referenced a§reements as indicated below. Separate vouchers are included for each parcel. A_,qreement No. C800504 Raphael VineyarOs W:4~am Rular~d Tota! $155,000.00 _. 33___,*,500.00 $ 492,500.00 (Federal Share) (State Share) A_g&eement No R~pha~; V!~ey~:ds Sophie Ka~oski Total $183,83!.51 _._3.16,168~49 $ 500,000.00 In the event that you require any additional information, please contact me. Your assistance regarding these grants is greatly appreciated. CC: Very truly yours, Town Comptroller Dick Ryan, Land Preservation Committee// AC 1171(Rev.2fW vuw��e� No. 21 STATL OF STATE AID VOUCHER '_JEW YORK rPayment Agency Orig.Agency Code r erest Eligible(Y/N) (MM} (DD) (YY) C Use Only [L1abfllt;_da_te_ (MM) (DD) (YY) . Additional 3 Zip Code Route Payee Amount 001939 e(Limit to 30 spaces) Merch/Inv.Recd Date(MM/DD/YY) of Southold (Limit to 30 spaces) Statistic Type Statistic Address(Limit to 30 spaces) 5 Ref/Inv.No.(Limit to 20 spaces) 53095 Route 25 Address(Limit to 30 spaces) Ref/Inv.Date (MM) (DD) (YY) PO Box 1179 City(Limit to 20 spaces) (Limit to 2 spaces) State Zip Code Southold I NY 11971-0959 6 Date Check or Description of Charges Amount Paid Voucher No. (If Personal Service,show name,title, period covered) Dollars Cents Agricultural Land Development 'Rights Raphael Vineyards 43.6463 ac--es $ 335,831 151 II Contract No. 0800504 $ 155,000.00 i Contract No. C800510 . 183,831.51 ! 71 State Aid Program or Applicable Statute: TOTAL $ 338,811 1 51 g Payee Certifications: I c3rtHy that the above expenditures have been made In accordance with the provisions Less Receipts of the Applicable Statute; that the claim is just and correct; that no part thereof has been pard except as stated; that the balance is actually due and owing; and that taxes which the State is oyemot are excluded. i NET $ 338,831 5i in Ink nMay 15,2000 Sicnaturs k Date Title: Supervisor ; State Aid $ 338,831 5 1- Nam Name of Municipality Town of Southold % Claimed FOR STATE AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT _ Merchandise Received 1 certify that this claim is correct and just,and payment is approved. State. Y Certified For Payment Date Verified of By State Aid Amount Page No. Date .:..: BY ey Audited Expertditure Liquidation Cost Center Code Accum Object Amo urtt Orig Agency PO/Contract Line FI Dept. Cost Center Unit Var. Yr. Dept. Statewide Otate of ,Rein York A REMITTANCE ADVICE for CHECK NO. 60441988 NOTICE: To access remittance information on any one of your NYS payments,visit https://www2.osc.state.ny.usipay Agen Code and Description Tele Inqui No Voucher No Payee Reference/Invoice No Ref/Inv Date Payment Amount 06000 ACRIc a MKTS 18- 85-8 40 4436 RAPHAEL VINEYA7.D5 09/05/01 183,832.00 1 i 11 4. { 1 20 t 77 • - . • IMM Check Total 1 *******$183,832.00 DETACH DERE PLEASE CASH BEFORE CASHING WITHIN 180 DAYS N • E W S A R T I C • I' E • Parcel Protected Ke, Behren w, r watohman Southold Town Supervisor Jean Cochran, center, hands over checks to John and Joan Petrocelli, who sold the development rights of 43.6 acres to the town on a parcel that is situated between Main Road and Leslie Road in East Cutchogue, part of the Raphael Vineyards. "1 wouldn't have sold these properties if I didn't live here," Mr. Petrocelli said, whose father's name was Raphael. The parcel was purchased as part of the open space preservation fund program. Town buys Raphael rights Southold pays $336K for 43 acres SOUTHOLD--The town purchased devel- opment rights Monday to 43 acres of the 50- acre Raphael Vineyard on Ihe Main Road in Peconic, bringing its total of vineyard acres preserved to 125, on four differenl vineyards. The tab: $336,000, or $7,700 per acre. "We think it's wonder- ful,'' said Southold Town Supervisor Jean Coch- ran, who noted the importance of saving green space in the town. "We've been looking forward to this for a long time." The supervisor added that owner Jack Petrocelli had offered to sell his development rights to the town sever- al months ago. "He's very glad to see that the property will be Right: Jack and Joan Petrocelli with Supervisor Jean Cobhran at Monday's closing on Rapheel Vine- yard develop- ment rights at Southold Town Hall. Suffolk Times photos preserved/' Mr. Petrocelli~ attorney Abigail Wick- ham said Wednesday of the acreage that stretches from Main Road to Leslie Road. "The reason he sold the development rights is because he owns a home here and thinks it's important to preserve the town's farmlan& He's really looking forward to operating a winery and vineyard here." The remaining seven acres of the vineyard will be used for the 15,000- square-foot Mediterranean style winery that Mr. Pet rocelli hopes will be completed by the end of the year. He's already begun to build the foundation, work that started shortly after the project received Planning Board approval in late Jan uary. However, th{ Left: Work under way at Raphael Vineyards in Peconic this week 6n Petr0~lli building dcpartmen hasn'l yel issued permit fm the win ery, according It building deparlmen head Ed Forres~er. P R O P E R T Y R E C O R D S 2004 Suffolk Tax Map ?ook 1000-851-3-11.2 COUNTY OF SUFFOLK (~) ~ ...... ,~' SOUTHOLD Red Property Tax Service Ager~y ~ ~ ~' ,~,L, a .~,~ T ~ 1000 PROPERT' ~:~':I File View Toolbar Help t~71q gomty. _ 300 Name. ~.Ra~haelV~ c ~.,: ~k :: Page ~ Da~S~le~nce :;~ d:O Exempt!on Tot~ ~ , - , :Own ' Co~ A~ount '~. ~~' Pct Spec alD~stnct Total: 3.~~r ::' :%' V~e / ~ Code ,: ~:~' s Pc/,Type ovela~ [yp ~:}~ mt : O~: ~0FT.Y Bu~t FD028 ,$outh~d:;FD ; 0 ;O0 -.;,:?~; /;:; .00 ::- ~:' - -: Print~ the .~creen [] Inbox- ~'1 cro¢ofic Out ,:,ok I~1 4'Startl II RPS Version 4 - [Snap... . /~.)n_,FS._..~_//~/~TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ ~ C~,__::2~ 90 VILLAGE DIST. SUB. LOT F~MER OWNER N S W ~PE OF BUILDING ~s. s~. w. ~~ ~o~. c~. ~,~s. ~,,. ~ND IMP. TOTAL DATE ~E~KS I~ /~/ ~/~1/7~ ~p4!~' Tilloble ~ ~ 0-¢ /~ ~¢¢ FRONTAGE ON WATER Wo~land FRONTAGE ON ROAD Meodowlond DEPTH House Plot BULKHEAD Totol TOWN OF SOUTHOLD PROPERTY RECORD CARD ~ ~ . W ' ' TYPE OF BUILDING I j RES.~/~ SEAS. VL FARM ~ COMM. CB. MISC. MEt. Value ~ND I~P. TOTAL DATE REMARKS I . -~ /~/. AGE ~UIEDING CONDITIDN N~ NORMAL BELOW ABOVE FARM Acre Volue Per Volue Acre Tillable I ~ ~ /~ ~o a Tillable 2 Tilleble "3 Woodlend Swampland FRONTAGE ON WATER Brushl~nd FRONTAGE ON ROAD House Plot DEPTH ~/ / / ~ /~ BULKHEAD Totol DOCK M. Bldg. Extension COLOR~ TRIA4 Foundation 3asement Extension Ext. Walls Extension Fire Place Type Roof Porch Recreation Room Porch Do~'mer ~h~~ Breezeway Driveway Garage Patio O,B. Total Bath :loors Interior Finish Heat Rooms 1st Floor' Rooms 2nd Floor / Dinette LR. DR. iBR. FIN. B. 2 0 0 4 A E R I A L S U R V E Y i SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 85 - 05 - 11 Scale: 1"= 100' Feb. 28, 1995 JAN. 4, Jon. 27, 1999 (revisions) · Mot. 5~ 1999 (odd/lions re v/dons) N/O/F EDWIN W. KORALE~KI 40' ,F.. 5 t. t TOTAL AREA = 50. 48E9 ac, rea CERTIFIED TO, TOWN OF SOUTHOLD ~,RAPHAEL VINEYARDS. INC. FTRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK N.Y.S. LIe. NO. 49618 Ig$O TRAVELER STREET SOUTHOLD, N.Y. 119TI 95-128