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Lieb Vines, LLC
1000-83-3-2.2 (f/k/a 1000-83-3-p/o 2) Baseline Documentation Premises: 13050 Oregon Road Cutchogue, New York 12.721 acres Development Rights Easement LIEB VINES, LLC to TOWN OF SOUTHOLD Deed dated January 24, 2000 Recorded February 3, 2000 Suffolk County Clerk - Liber 12018, Page 388 SCTM #: Premises: 1000-83-3-2.2 (f/k/a 1000-83-3-p/o 2) 13050 Oregon Road Hamlet: Cutchogue Purchase Price: Funding: $127,210.00 (12.721 acres ~ $10,000/acre) Agricultural Lands Capital Funds and NYS Ag & Markets Grant ($85,629.00) CPF Project Plan: n/a Total Parcel Acreage: 13.639 total acres Development Rights: 12.721 acres (SCTM #1000-83-3-2.2) Reserved Area: .918 acre (SCTM #1000-83-3-2.1) Zoned: A-C In November 1999 - Existing Improvements: Farm road DESCRIPTION LAND The subject is a pamel of land having an area of 13.6+ acres which is further described as follows: having a southwesterly boundary Of 1,174+', running thence 384+' along Oregon Road, running thence southeasterly 31±', thence northeasterly 169±', thence southeasterly 749±', thence southwesterly 564+' for a total area of 13.6± acres. The above dimensions are taken from the Suffolk County Tax Map. W.e have included a copy of the Tax Map in the addenda to this report. Utilities (electric and telephone) are available along the property's read frontages. Oregon Road is a two way, two lane, publicly maintained macadam paved read with shoulders. '~ The property has a generally level topography and is cleared. It is situated at to above road grade. IMPROVEMENTS The subject is unimproved vacant land. PRESENT USE AND OCCUPANCY The subject is in use as a farm. given assoCiates P R 0 P E R T Y V I S U A L S Tax Map Location 66 R · 80 HD ~R~80 \, R -80 -? Zoning Map ] 67 1 9 9 9 P H O T O S I I I I I I I I ! I I I ! I PHOTOGRAPHS OF SUBJECT VIEWS OF SUBJECT PROPERTY 1999 photos given associates I I I I I I I I I I I I I I PHOTOGRAPHS OF SUBJECT (CONTINUED) SUBJECT STREET SCENES 1999 photos given associates E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Oregon Road Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Town of Southold, County of Suffolk, New York. The subject property is a 13.6 acre parcel of farmland which does not contain any stmctm'es. The property is located on the west side of Oregon Road, approximately 223 feet north of Cox Lane. The property is more particularly described as Suffolk County Tax Map # 1000-083-03-2. The subject property consists of 13.6 acres of land that is utilized as active farmland. An inspection of this portion of the property did not reveal any staining residue, odors or stressed vegetation. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, a closed spill incident located at the comer of the Oregon Road and Cox Lane, caused by an auto accident and the Southold Landfill which was identified as a CERLIS site, a Solid Waste Facility, a Hazardous Substance Waste Disposal Site and as an Inactive Hazardous Waste Site. The Southold Landfill is located approximately 2,350 feet to the south southeast which is down gradient of the subject property. Therefore, no adverse impacts are expected to be imposed on the subject property by this facility. In conclusion, this assessment has revealed no evidence of recognized envirbnmental conditions in connection with the subject property, subject to the methodology and limitations of this report. Oregon Road Property, Cutchogue Phase I ESA FIGURE 1 LOCATION MAP Source: Precision Mapping, 1995-96 I Page 7 of 25 Oregon Road Property, Cutchogue Phase 1 ESA FIGURE 2 SITE MAP 4 Source:Joseph A, Ingegno, Land Surveyor Page 9 of 25 Oregon Road Property., Cutchogue Phase l ESA FIGURE 3 WATER TABLE MAP Source: SCD_HS, 1997 Scale: 1" = 2 miles SITE 5333~ Toxics Targeting I Mile Radius Map Oregon Road Property Cutchogue, NY 11935 N Suffolk County NPL~CEFICLIS/NYSDEC Inactive Waste Disposal Site ~FacilityS°tidWaste Storage Fac ty .,, Major ~ ~ County 1 0 1/8 1/4 1/2 Distance in Miles 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) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 12. 1999: RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday, October 26, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of acquisition of certain parcel of property from Lieb Vineyards, for purchase of development rights in agricultural lands under Chapter 25 of the Town Code. Property located at south side of 13050 Oregon Road, Cutchogue, New York, SCTM # 1000-083-03-002, comprising approximately 13.6 acres, at a price of $116,000. Southold Town Clerk October 12, 1999 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25, Agricultural Lands Preservation, of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing on the 26th of October 1999, at 5:05 P.M., on the question of the the acqulstion of certain parcel of property from Lieb Vineyards, for purchase of development rights in agricultural lands by the Town of Southold on the following described property: Suffolk County Tax Map No. 1000-083-03-002 comprising approximately 11.6 acres, located on the south side of 13050 Oregon Road, Cutchogue, New York, at a purchase price of $116,000. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is 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 business hours. Dated: October 12, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 21, 1999, AND AFFIDAVIT OF PUBLICATION TO ELIZABETH' NEVILLE, HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Committee Lieb Vineyards Town Clerk's Bulletin Board FORWARD ONE (1) TOWN CLERK, TOWN S E R E S 0 L U T I 0 N 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) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 26, 1999: WHEREAS, the Town Board of the Town of Southold is considering the purchase of development rights in agricultural lands pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code, from Lieb Vineyards, said parcel identified by SCTM #1000-83-3~2 and consisting of approximately 11.6 acres; and RESOLVED, by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED, by the Town Board of the Town of Southold that the Town is the only involved agency pursuant to SEQRA Rules and Regulations, be it further RESOLVED, by the Town Board of the Town of Southold that the Short Environmental Assessment Form prepared for this project is accepted and attached hereto; be it further RESOLVED, by the Town Board of the Town of Southold that this action does not present a significant adverse affect to the environment; be it further RESOLVED, that the Town Board of the Town of Southold hereby declares a negative declaration pursuant to SEQRA Rules and Regulations for this action Southold Town Clerk October 26, 1999 I a'~7.2o SEQF Appendix C State E,qviranmental Quatit¥ Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART i--PROJECT INFORMATION {To be completed by Applicant or Project sponsor) 7. AMOUNT OF LAND A ~FF"E-CTE,: ,,,,..,,,, ~',~.~; ~:. =:~ ~.=,~I/./_. -/3. b ~ 12. Aa A ~ESUL? OF PROPQSED ACTION WILL -~J~TO, NG P--c"-J~ITIA~PROVAI. REOUIRE MOOIF:C.~T~ON? -- si~namr~ $~' -- / /Y If the action is in the Coastal Area, and ycu are a state ec. ency, complete the CoastaJ Assessment Form before proceeding with this assessment OVER PART II--ENVIRC' ENTAL ASSESSMENT (To be completed by ~.nc¥) - Yes ~r~o , PART III--OETERIVIINAT~ON OF $1GNIFICANC~ (To he completed by Agency) I~ Check this box if you have identified one or more potentially large or significant adverse' impacts which MAY occur. Then proceed directly to the F~JLL FAF an~or prepare a positive declaration. Check this box if'"you have determine~L t3ased on the information and analysis al3ove and any sue)porting documentation, [nat :ne proposed ac:ion WILL NOT result in any significant adverse environmental imcac:s AND provide on attacnmenLs as r,~eceseary, [he reasons supporting th~ determination: P U R C H A S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 26. 1999: 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 26th day of October, 1999, pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the developments rights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and Lieb Vineyards, now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights in the aforesaid agricultural lands owned by Lieb Vineyards, said parcel identified by SCTM # 1000-83-~ consisting of approximately 11.6 acres, which is subject to results of a survey to be provided by property owner, at a cost of $10,000.00 per acre. Southold Town Clerk October 26. 1999 C L O S I N G S T A T E M E N T CLOSING STATEMENT LIEB VINES, LLC to TOWN OF SOUTHOLD Development Rights Easement 12.721 acres @ $10,000/acre Premises: 13050 Oregon Road, Cutchogue, New York SCTM #1000-83-3~p/o 2 Closing took place on Monday, January 24, 2000, at 2:00 p.m., Southold Town Hall Purchase Price of $127,210.00 disbursed as follows: Payable to Howard Rosenstone Check #55452 (1/24/00) $ 127,210.00 Expenses of Closing: Appraisal Payable to Patrick A. Given, SRPA Check #54021 (10/12199) $ 1,600.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #60140 (1/3/01) $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #55453 (1/24/00) Fee insurance $ 827.00 Recording deed $ 80.00 $ 907.00 Title Closer Attendance Fee Payable to Karen Hagen $ '50.00 Those present at Closing: Jean W. Cochran Gregory F. Yakaboski, Esq. Mark Lieb Abigail A. Wickham, Esq. Karen Hagen, Esq. Southold Town Supervisor Attorney for Town of Southold Seller - Lieb Vines, LLC Attorney for Seller Title Company Closer PAY TO THE ORDER OF HOWARDROSENSTONE VENDOR #18565 HOWARD ROSENSTONE HI.8686.4.000.000 12000 CHECK #055452 012400 DEVELOP RGHTS-LIEB VINEYARDS 127,210.( TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOTAL **$127,210.0( GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK JE Date Trx. Date Fund Account ............................ Begi 2/18/1999 2/18/1999 H1 .600 10/12/1999 10/12/1999 H1 600 10/12/1999 10/12/1999 10/12/1999 10/26/1999 10/26/1999 3/14/2000 3/14/2000 3/14/2000 3/14/2000 3/14/2000 3/14/2000 3/14/2000 10/12/1999 H1 600 10/12/1999 H1 600 10/12/1999 H1 600 10/26/1999 H1 600 10/26/1999 H1 600 3/14/2000 H2 600 3/14/2000 H2 600 3/14/2000 H2 600 3/14/2000 H2 600 3/14/2000 H2 600 3/14/2000 H2 600 3/14/2000 H2 600 4/11/2000 4/11/2000 H2 600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10121999-223 Line: 88 Formula: 0 : : Account.. H1 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/12/1999 SDT 10/13/99 : : Trx Amount... 1,600.00 : : Description.. APPRAISAL~ROSENSTONE : Vendor Code.. 007416 : Vendor Name.. GIVEN, SRPA/PATRICK A. : Alt Vnd.. : CHECK ........ 54021 SCNB : Invoice Code. 99220 : VOUCHER ...... : P.O. Code .... 05944 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. N : Date Released 10/12/1999 : Date Cleared. 10/31/1999 : F3=Exit F12=Cancel : : NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL · PLANNING CONSULTING 572 WALT WHITMAN ROAD MELVILLE, N.Y. 11747 (631) 427-5665 FAX (631) 427-5620 Town Of Sm]thold Office of the Town Attorney Town Rall, 53095 M ~m)thold,, NY 11971 Gregory Yakaboski Tnvoiee No : 99301.001 Cnstomer No: 99301.0 Date: 03/02/00 Re: Oregon Rd Property C1)tchogne Prepare Phase T gSA. ~/2/00. 1500.00 ~ 100% Work performed l?,/?,9/qq thru t00% Complete 1500.00 Total: gl 500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y ,Y, JE Date Trx. Date Fund Account ......................... Use Acti 11/28/2000 11/28/2000 H3 .600 11/28/2000 11/28/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 1/03/2001 1/03/2001 1/3o/2o01 1/30/2001 3/13/2001 3/13/2001 3/13/2001 3/27/2001 1/30/2001 1/30/2001 3/13/20Ol 3/13/2001 3/13/2001 3/27/2o01 H3 .600 B .600 B .600 B .600 B .600 A .600 H1 .600 H3 .600 B .600 H3 .600 A .600 H3 .600 B .600 3/27/2001 3/27/2001 R2 .600 ......................... Use Acti )ct Record(s) or Use Action Code Disburs Inquiry by Vendor Nszne .............. Detail--GL100N .............. : W-01032001-109 Line: 257 Formula: 0 : : Account.. Hi .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 1/03/2001 gDT 1/03/01 : : Trx Amount... 1,500.00 : : Description.. PHASE I/ESA-LIEB VINEYDS : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 60140 SCNE : : Invoice Code. 99301.001 : : VOUCHER ...... : : P.O. Code...,. 07559 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. N : : Date Released 1/03/2001 : : Date Cleared. 1/31/2001 : : F3=Exit F12=Cancel : AMOUNT 907.00'* PAY'FO THE ORDER OF COMMONWEALTH LAND TITLE INSURANCE CO. ,'055h5:t,' ,:O~,l~Oq~,r=~,~: f=:; 000001~ 0,' VENDOR t~3349 COMMONWEALTH {1. 8686.4. 000. 000 012400 TITLE FEES-LIEB VINEYARDS 907.00 TOTAL **$907.00** TOWN OF SOUTHOLD · SOUTHOLD NY 11971-0959 Title No.: Applimn~ Premlse~: Date of Clo~ing; Purchaser:, RH70993~.74 Date Pr#ltech TOWN OF ~OUTHOLD ATTORNEY Order Zype: ~.3050 OREGON RD~ CUTCHOGUE~ NY Sales Rep: County:. TOWN OF SOUTHOLD/DEVELOPHENT closer~ R/GHTS FEE SHEET AMOUNT ~TEM NO. 4~ P. ~/2: O~cmlmr 2, ~,999 Pur~her~/Resale CHRT-~rOPHER McKEEVER SUFFOLK no~ a~slgned A,~.OL'NT O,00 0.00 0,OO Satisracti Searches Bankru HouSl~ · Taxes :RI~' Nansior UCC's UCC's State 8.1 Environmental Condo Endorsement e Tax Escrow Service C CHE'CKS PAYABLE TO Commonwealth Land Trde ;nsurar~e Company (Circle One) $ Buyer/Seller $ _ Buyer/Seller Buyer/Seller Buyer/Seller CHECK~ PAYABLE TO OTHER THAN Commonwealth Land Title Znsu,&;~ca Coh~p,=..? (Circle One) Buyer/Seller Buyer/Seller $ Buyer/Seller ~-~TAI, *NOTE Rates & charges herein am subJed: m c~an~e based on the rates In effect at the time o~ closing. 177 Old Country Road, PO BOx 419 Rlverh~Bd, NY l:Lg01 Phone; 631-727-7760 FeXl ~1-727-7B18 R E C O R D E D D E E D ~.' ~2018P1388 Number of pages TORREhe'S Serial #. Certificate # h-ior C'II~ # Page / Filing Fee Notation EA-52 1~ (County) ~C ,c~ ~ Sub Total EA~5217 (State) R.P.T.S.A. Conun. of Ed. 500 Affidavit Certified Copy Reg. Copy Other FEB 0 3 2000 ~SFER TAX SUFFOLK COUNTY !!Deed/~o~tgag~ v~x stam~ -- Sub Total L/,~-. ~ Property Tax S~rviee Agency Verification Dist. Section B lock 00FEB-3 PN 3:21 EDWARD p. ROMAINE ~LERK AND REGISTRAR OF suFFoLK COUNTY Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Or Spec./Add. TOT. MTG. TAX Dual Town Dual County.__ Held for Apportionment Transfer Tax . ~ Mansion Tax The property covered by this mongagc is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # ofl~i$ instnunent 6 Community Preservation Fund Lot I' Considei'ation Amount $ (~ OO~., OO~-. CPF Tax Due $ 0 [ Satisfactions/Dig~harges/Releasos List Prope~y Owners Ma ng Addros: RECORD & RETURN TO: ~-~=~ oved ~ $ ~../~.~_[Va~ant Land -- PRE~RVATION I-[ ~ ~ ~ Title Company Information S~f~k Co~ Rccor~ng & End~sement Page S~OLK ~, ~ YO~ BOXES 5 TBRU ? MUST BE TYPED OR PRINi v_l~ IN BLACK INK ONLY PRIOR TO RECORDINO OR FILING. " IOWR) DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 24th day of January, 2000 BETVVEEN Lieb Vines, LLC residing at 14990 Oregon Road, Cutchogue, N.Y., party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office ~30~'~ 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 $127,210.00 (One Hundred Twenty Seven Thousand Two Hundred Ten 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, 3iece 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: 2 scHEDULE A - DESCR/PT/ON AMENDED 12/30/99 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, Bounded and described as follows: BEGINNING at a point on the southeasterly side of Oregon Road (North Road) distant northeasterly 367.64 feet from the corner formed by the intersection of the southeasterly side of Oregon Road (North Road) and the northeasterly side of COX'S Lane; . . ~_.¢.,~,~ /~, RUNNING THENCE North 44 degrees 15 minutes 40 seconds East along the southeasterly sioe or 249.17 feet to land now or formerly of Thomas and Karen Uhlinger; THENCE South 48 degrees 31 minutes 00 seconds East along said land and later along land now or formerly of Edward P. Hughes, 510.95 feet; THENCE North 41 degrees 29 minutes 00 seconds East along said land now or formerly Edward P. Hughes, 169.02 feet to land now or formerly of ~lichael and hlaria Demchak; THENCE South 47 degrees 51 minutes 30 seconds East along said land, 748.75 feet; THENCE South 52 degrees 11 minutes 20 seconds West still along said land, 564.07 feet to land now or formerly of H. Norman McCullough; THENCE North 48 degrees 31 minutes 00 seconds West along said land, and later along land now or formerly of Antone E. and Geraldine B. Berkowski and land now or formerly of Gregory A. and Susan Boyd, feet; THENCE North 41 degrees 29 minutes 00 seconds East, 145.00 feet; THENCE North 48 degrees 31 minutes 00 seconds West, 272.34 feet to the southeasterly side of Oregon Road (North Road) and the point or place of BEGINNING. Title Report 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 als0 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 Property 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 recordable 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 roason 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. Lieb Vines, LLC Seller: I~.~w/~,_-~ . ~ ~W ~ Purchaser: Tow/l:~of Southold JE~ W. COCHRAN, SUPERVISOR 6 STATE OF NEW YORK) )ss COUNTY OF SUFFOLK) On the Z(/')C4day of ,~",~_~. ,2000, before me the undersigned, personally appeared.'"7(*,~,.-) _/Ii. (,,,.J~ ~.-,~,n , personally known to me or provided to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Uotary ,,c - STATE OF NEW YORK) )SS COUNTY OF SUFFOLK) On theZC/'}~day of ~,~,:~O. ,2000, before me the undersigned, personally appeared ,/~/~/.~ L/C..~ , personally known to me or provided to me on the basis of satisfacto~ evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their ~pacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. N~Public~ - ~ ~REN J. HAG~N NOTAR~ pUbLIC, State ~ N~ ~ No. 02HA4927029 .uat~e~ in Suffolk Cou~ comm~S~On~s Expires M~rch 21,~ ~ T I T L E P 0 L I C Y [SSIJED BY COMMONWI~LTH LAND TITLE INSURANCE COMPANY Commonwealth A LA3qDAMERICA COMPANY OWNER'S POUCY OF TITLE INSURANCE 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 costs, attorneys' fees and expenses incurred in defense of the title, as in,ured, but only to the extent provided in the Conditions and Stipulations. 1N 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 Secreta~ 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 iff 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 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. 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 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A Valid only if Schedules A and B and Cover are attached Commonwealth SCHEDULE A File No.: RH70993174 Amount of Insurance: $127,210,00 Date of Policy: 3anuary 24, 2000 1. Name of I*nsured: Policy No.: RH70993174 TOWN OF SOUTHOLD/DEVELOPMENT RTGHTS The estate or interest in the land which is covered by this policy is: Fee Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD/DEVELOPMENT RZGNTS By deed made by LIEB VTNEYARDS to the INSUP, ED dated 3anuary 24~ 2000 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: Authorized Officer or Agent Fee Policy Insert File No.: RH70993174 SCHEDULE B 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 the following: 1. Restrictive Covenants in Liber/Reel 11081 page 565. Survey made by Joseph A. [ngegno Land Surveyor, dated 10-1-99 and revised 11-17-99, shows vacant land. (a) Area to be transferred to the Town of Southold for development rights. (b) Reserve parcel for agricultural use. (c) Farm road traverses northeasterly and southerly portions of premises. No other variations or encroachments shown. 3. 1999/2000 2nd half town and school taxes. Fee Policy Insert AMENDED 1/21/2000 File No.: RH70993174 SCHEDULE A - DESCRTPTTON ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, Bounded and described as follows: BEGINNTNG at a point on the southeasterly side of Oregon Road (North Road) distant northeasterly 367.64 feet from the corner formed by the intersection of the southeasterly side of Oregon Road (North Road) and the northeasterly side of Cox's Lane; RUNNING THENCE North 44 degrees 15 minutes 40 seconds East along the southeasterly side of Oregon Road, 249.17 feet to land now or formerly of Thomas and Karen Uhlinger; THENCE South 48 degrees 31 minutes 00 seconds East along said land and later along land now or formerly of Edward P. Hughes, 5:10.95 feet; THENCE North 4! degrees 29 minutes 00 seconds East along said land now or formerly Edward P. Hughes, :169.02 feet to land now or formerly of Michael and IViaria Demchak; THENCE South 47 degrees 51 minutes 30 seconds East along said land, 748.75 feet; THENCE South 52 degrees 1~. minutes 20 seconds West still along said land, 564.07 feet to land now or formerly of H. Norman McCullough; THENCE North 48 degrees 31 minutes 00 seconds West along said land, and later along land now or formerly of Antone E. and Geraldine B. Berkowski and land now or formerly of Gregory A. and Susan Boyd, 894.62 feet; THENCE North 41 degrees 29 minutes 00 seconds East, 145.00 feet; THENCE North 48 degrees 31 minutes 00 seconds West, 272.34 feet to the southeasterly side of Oregon Road (North Road) and the point or place of BEGINNING. Fee Policy Insert Common, we a Lth' File No.: RH70993174 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLTCY) ATTACHED TO AND MADE A PART OF POLZCY NO. RH70993174 ZSSUED BY COMMONWEALTH LAND TTTLE TNSURANCE COt4PANY 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." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: 3anuary 24, 2000 Issued at: Commonwealth Land Title Znsurance Company 177 Old Country Road, PO Box 419 Riverhead~ NY 11901 By. Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (ay "insured": the insured named in Schedule A. and. subjecl to any rights or defenses the Company would have had against the named insured. those who succeed to lhe interest of the 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 know]edge 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 matters affecting the land, (dj "land": the land described or referred to in Schedule A, and ~mprovements affixed thereto which by law consbtute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right , title, interest, estate or easement in abutling streels~ roads, avenues, alleys, lanes~ ways or waterways, but nothing herein shall modify or limit the extenl to which a right of access to and from the land is insured by this po]icy. (e) "morlgage': mortgage, deed of Irust, trust deed, or other security instrument. (D "public records": records established under state statules at Date of Po]icy for thc purpose of imparting constructive notice of matters relating lo real property to purchasers for value and without knowledge. With respect to Section l(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located (g) "unmarketability of the title": an alleged or apparent malter affecting the title to the ]and. not excluded or excepted from coverage, which would entitle a purchaser of the estale or interest described in Schedule A ~o be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as lhe insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of Ihe estate or interest. This policy shall nol continue in force in favor of any purchaser from the insured of either (il 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 notif~r the Company promplly in wrifi~g (i) in case of any Idigation as scl forth in Seclfim 4(a) below, (ii} in case knowledge shall come to an insured hereunder of any claim of title or mteresl which is adverse lo the title to the estale or inlcrest, its insured, and which mighl cause loss or damage for which the Company may be liable by virlue of this policy, or (iii) if lille Io Iht estate or mteresl, as insured, is rejecled as unmarketable If prompt not,ce shall not be given to Ibc Company. then as to the insured all liabilily of the Company shall terminale with regard to tbe matter or matters for which prompt notice ~s required; provided, however, that failure lo notify the Company shall in no case prejudice tile rights of any insured under this policy unless Ihe Company shall be prejudiced by the failure and then only to the extent of the prejudice 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (~) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations. the Company. at ~ts own cost and without unreasonable delay, shall provide for the defense of an insured in lifigation in which any third parly asserts a claim adverse to the title or interest as insured, but only as Io those stated causes of action alleging a defect, lien or encumbrance or other malter insured against by lhis policy. The Company shall have Ihe right to select counsel of its choice (subject to the right of the insured to objecl for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel The Company will nol pay any fees. costs or expenses recurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at Its own cost, to institute and prosecute any action or proceeding or to do any other acl which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage lo the insured. The Company may take any appropriate action under the terms of Ihis policy, whether or not it shah be liable hereunder, and shall not thereby concede liability or waive any provision of this policy If the Company shah exercise its rights under this paragraph, il shall do so diligently B 1190-1A (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 litigation to final determination by a court of competent jurisdiction and expressly reserves the righL in its sole discretion. to appeal from any adverse judgment or order. (dj [n all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use. at its option, thc name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlemenl, and (ii) in any other lawfill act which in the opinion of the Company may be necessary or desirable to establish Ihe title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation~ the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or conlinue any litigation, with regard to the matter or matters requiring such cooperalion. 5. PROOF 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 lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation Io defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, thc insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence 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 representative of the Company · the insured claimant shall grant its permission, in writing, for any authorized representative of the Company ~o examine , inspect and copy all records~ books, ledgers, checks~ correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. Ail information designated as confidential by the insured claimant provided Io the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim Failure of the insured claimant to submit fo~ examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminale 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: (a)To Pay or lender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy togelher with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to thc time of paymant or tender of payment and which the Company is obliga ted 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 thc policy shall be surrendered to the Company for cancellation. (by To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) lo pay or otherwise settle with other parlies for or in Iht name ol an insured claimant any claim insured against under Ihis po]icy, togelher with any costs, attorneys' fees and expenses incurred by thc insured claimant which were authorized by the Company up lo time of paymenl and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, togelber with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to Ihe time of payment and which the Company ~s obligated Io pay. Upon the exercise by thc Company of either of the options provided for in paragraphs (by(i) or (ii), Ibe Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation Conditions and Stipulations Continued Inside Cover CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only lo thc extent herein described. (al The liability of the Company under this policy shall not exceed the least of: (il 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. (b) 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 increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then lhis Policy is subject to the following: (il where no subsequent improvement has been made. as to any partial loss, thc Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the to~al value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss 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 Insurance 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 shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be compuled and settled on a pro rata basis as if 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 Dale 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 express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (al 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 lan& or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Companfs consent, the Company shall 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 therefrom, adverse to the title as insured. (c) The Company shall not be liable for 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 pa, yments under this policy, except payments made for costs, attorneys fees and expenses, shall reduce the amount of the insurance pro tanto. 11. UABIUTY 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 which the insured has agreed, assumed, or taken subject, 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 ownen 12. PAYMENT OF LOSS. (al No payment shall be made wit hour producing this policy for endorsement of Ihe payment unless Ire policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the smisfaction of ~he Company. NM 1 PA 10 ALTA Owner's Policy (10-17-92) (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (al 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 claimant. The Company shall be subrogated to and be entit}ed 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 Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to usc 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, lhe Company shall be subrogated to these rights and remedies in the proportion which thc Company's payment bears to the whole amount of the loss. 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, shah 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 impairmem by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any 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 obligation. All arbitrable mailers when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of althcr the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in 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 Io a prevailing party. Judgment upon Ihe award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the 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. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between thc insured and the Company. In interpreting any provision of this policy, this policy shall be construed,as a whole. (b) Any claim of loss or damage, 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 asserting such claim, shall be restricted to this policy, (c) 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 President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effecl 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing requked to be furnished the Company shall include the number of this pohcy and shall be addressed to: Consumer Affairs Department, RO. Box 27567, Richmond, X/trginia 23261-7567. NEW YORK OFFICES NEW YORK CITY 655 Third Avenue New York, New York 1(3017 (212) 949-0100 FAX: (212)983-8430 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853-6800 FAX: (716) 853-6806 GARDEN CITY 1325 Franktin Ave., Suite 160A Garden City, New York 11530 (516) 742-7474 FAX: (516)742-7454 17 Squadron Boulevard, Suite 302 New City, New York 10956 (845) 634-7070 FAX: (845) 6,34-8513 RIVERHEAD 177 Old Count~ Road Riverhead, New York li901 (631) 727-7760 FAX: (631)727-7818 ISLANDIA 1777-6 Veterans Memoriat Hwy Islandia, New York 11722 (631) 232-3503 FAX: (631) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949.0100 OWNER'S POLICY OF TITLE INSURANCE (10-17-92) AMERICAN [AND TrrLE ASSOCL~qnON ISSUED BY Co~o~ LAND TrrLE It~SUP,~CE COMPA~'Y Commonwealth Title Insurance Since 1876 101 Gateway Centre Partnoay, Gateway One B 1190-3 A WORD OF THANKS ..... A~; we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land Title Insurance Company RO. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 G R A N T S U B M I S S I 0 N MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O, Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 31, 20001 Ken Gmdens Farmland Protection Program Manager NYS Department of Agriculture and Markets 1 Winners Circle Albany, New York 12235 Town of Southold Contract Number C800013 ($466,775) and Contract Number C800531 ($28,704) Dear Mr. Grudens: Enclosed please find the following in regard to the Town of Southold's request for payment: State Aid Voucher for the following Agricultural Land Development Rights: · John & Catherine Sidor 1000-107-10-3.2 and 107-10-6.3 (formerly known as 107-10-3 & 4) ·Mark Lieb (formerly known as Rosenstone) 1000-83-3-2 · John and Sandra Scott 1000-102-2-23 The items listed below are enclosed for the Sidor project. The Sidor project included two separate parcels, one owned by John and the other owned by Catherine. · One budget report for both parcels. · Executed purchase agreement for John Sidor and executed purchase agreement for Catherine Sidor. · Two copies of appraisal dated 9/15/99 and update dated 9/24/99. One appraisal was prepared for the two parcels. · 8/15/01 letter from Given Associates explaining why the final purchase price exceeds the develop~nent rights value noted in the appraisal update. · Title policy for both parcels. · Deed of Development Rights for John Sidor and Deed of Development Rights for Catherine Sidor. · $outhold Tow'n's Monitoring Plan · NYS Dept. of Agricultnr¢ and Markets Waiver for John Sidor and Waiver fnr Catherine $idor. Town of Southold Contract Number C800013 ($466,775) and Contract Number C8©0531 ($28,704) Page 2 The items listed below are enclosed for the Scott project. · Budget report. · Executed purchase agreement. · Two copies of appraisal dated 10/5/00. · Title policy · Deed of Development Rights · Southold Tova~'s Monitoring Plan · NYS Dept. of Agriculture and Markets Waiver The items listed below are enclosed for the Lieb project. · Budget report. · Executed purchase agreement. · Two copies of appraisal dated 9/14/99. · Title policy · DeedofDevelopment Rights · Southold Town's Monitoring Plan Please feel free to call me if you have any questions regarding the enclosed information. Sinc_,erely, Melissa Spiro v/,/ Land Preservation Coordinator Encl. 2001 Budget Information For the Purchase of Development Rights Farm Name: Lieb Vineyards Municipality: Town of Southold PROJECT COSTS Actual Value of Development Rights $127,210.00 ] (=$10,000/acre) Administrative Costs Title Insurance Survey(s) Appraisal Outside Legal Fees Recording Fees Stewardship Fee $907.00 $1,600.00 Other $1,500.00 Other Subtotal $4,007.00 Identify: Environmental Assessment Identify: Administrative Costs (in-kind) Staff Time Travel/Office Expense Other Subtotal $0.00 Identify: TOTAL PROJECT COSTS I $131,217.00 FUNDING SOURCES Local Match Municipal Funds Landowner Donation In-Kind (from subtotal above) Other (foundation, federal, etc.) Subtotal % of total project costs $45,588.00 $45,588.00 34:74% Identify: State Funding State Funding % of total project costs $85,629.00 65.26% SEE INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING STATE OF TATE AID VOUCHER ,vo. Na. NEW YORK Interest Eligible (Y/N) Liability Date (MM) (DD~-~ (yy) 4J payee Name {Limit to 30 spaces) IRS Code IRS Amount Town of Southold Payee Name (Limit to 30 spaces) Stat. Type Statistic !nd cator-Dep Indicator-Statewide ~,~ie&~ (Limit to 30 spaces} 5..J Ref/Inv. No. (Limit to 20 spaces) 53095 Route 25 Address (Limltto 30 spaces) Rel/Inv. Date (MM) (DD) (YY) PO Box 1179 C~ty (Limit to 20 spaces) (Limit to 2 spaces) -.) State Zip Code Southold . NY 11971'0959. 6_J Date Check or Description of Charges Amount Paid Voucher No. (If Personal Service, show name, title, period covered) Dollars Cents Agricultural Land Development Rights John & Catherine Sidor 31.773 acres $ 252,794 00 John & Sandra Scott 22.9538 acres 157,056 00 I Lieb Vineyards 12.721 acres 85,629 00 Contract No~ C800013 $ 466,775 Contract No. C800531 $ 28,704 TOTAL $ 495,479 00 s~.~ta-.i.~r~j Oat. $ 495,479 O0 r~e Supervisor State Aid Name of Mun~pal~y TOW'U of Southold %Claimed $ 495,479 00 FOR STATE AGENCY USE ONLY STATE COMPTROLLER'~ Oate Ce(tiffed For Payment Expenditure Liquidation Cost Center Code Object Accum -- Cost Center Unit Var Yr , Dept Statowide Amount Orig. Agency PO/Contract Line F/P Check il Conlinuation AC 92(Rev.6!94i SEE INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING STATE OF STANDARD VOUCHER Voucher No. NEW YORK jJ Originating Agency Orig.Agency Code Interest Eligible(Y/N) 2 P-Contract Payment Date (MM) (DD) (YY) OSC Use Only Liability Date (MMI (DC) ?YY / r 3 Payee ID Additional Zip Code Route Payee Amount MIR Date INIAD(DD)(Yv) 11-6001939 1 / / 4 Payee Name(Limit to 30 spaces) IRS Code IRS Amount Town of Southold Payee Name(Limit to 30 spaces) Stat.Type Statistic Indicator-Dept. Indicator-Statewide 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 17 City(Limit to 20 spaces) (Limit to 2 spaces) TN7Y11971-0959 ip Code qnuthold 6 urcrasey Description of Material' Order No. If items are too numerous to be incorporated into the block below. Quantity Unit Price Aro.•vn! 'A,d Date use Form AC 93 and carry total forward. I Agricultural Land Development Rights Lieh Vi.regard:. 12.721 sc.res I { CONTRACT N0. C800531 , If 1 r � � I i i I f 1 � 1 - { i f 7 Payer=Csrtificatic:t: � i cwrify ihat the above bili is just,true and correct;that no part!hereof has been paid except Pm stated and that Total ' 28,704.00 I the ba;ar a i;act al, d and owin rid that to es from which the State is exem t are excluded. \1 art t —�` C Supervisor I I Payee's.Signature in Ink Tula Town of Southold Date Name of Company t $ 28,704.00 Net. , FOR AGENCY USE ONLY STATE COMPTSOLLER'S PRE-AUDIT_ Merc lisndiss Received !certify that anis voucher is correct and just.and payment is approved,and the goods or services Certified For Payment rendered v tun,i;hed are for use in the performance of the officia:functions and duties of this I -.1 r agency. Verified Net Amrrunt Date Authorized Signature Audited i Page 14.:;. By Date Title Special Approval By- (as y_(as Required) Expenditure Liquidation Cost Center Cede Acc:um Dept. Cost Center Unit t Var Yr Object Amount Orig.Agency PO;Contract Line RIP P , Dept. Statewide Check if Continuation 6tate of . .eba Porgy REMITTANCE ADVICE.for CHECK NO. 62814370 NOTICE: To access remittance Information on any one of;your NYS payments,visit https://wwtn2.osc.state.ny.usipay Agen' Code and Description Tele Inquiry No Voucher No Payee Reterence/Involce No Ref�v Date Payment Amount AGRIC & MKTS518-485-8740C28,704.00 i 5586 C800013 12/06/01 466,775.00 1 11 E j 1 Check Tot *******$495,479.00 DETACH HERE - PLEAS CAS"H BEFORE 'CASHING WITHIN 180 DAYS P R O P E R T Y R E C O R D S File View Toolbar Help Double click to open a window TOWN OF $OUTHOLD PROPERTY RECORD CARD .OWNER VILLAGE ;ST. SUB. LOT FORMER OWNER ...~-~'~ LAND SEAS. IMP. VL. TOTAL S , FARM/,,,,''~ DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre V~lue Fillable /? ¥oodland ,~eadowland Value Per Acre COMM. CB. MICS. Mkt. Valu~ TYPE OF BUILDING SJ'-~ J louse Plot BULKHEAD total ~? ~-'-~ ~ DOCK FRONTAGE ON ROAD DEPTH FRONTAGE ON WATER 2 0 0 9 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) So,uthold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-O959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 1, 2009 Lieb Vineyards, LLC Attention: Bill Kelly P.O. Box 1680 Southold, NY 11971 RE: SCTM # 1000-83.-3-2.2 LIEB VINES, LLC Property Request for Land Preservation Committee Review of proposed agricultural equipment storage building on property on which Town owns a development rights easemeht Dear Mr. Kelly: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code, reviewed the request you outlined in an application dated November 11, 2009, for an agricultural equipment storage building. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5-C. (2) [3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee is approving the use you requested, as listed and clarified below, to be allowed within the development rights easement area. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. 1. Construction of a 48'x105' Morton Style building to be located in the southwesterly comer of the property (30' from westerly property line, or at the minimum setback required by Code), at a depth of about 800' south from Oregon Road. 2. Building use is to be for the storage of farm equipment used in the vineyard such as nets, tractors, mowers, and harvesting equipment. Please note that the Committee's approval of the uses within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely,~ ~_ Melissa Spiro Land Preservation Coordinator encs: landowner's application & survey showing proposed location cc: Planning Department w/landowner's application & survey Building Department w/landowner's application & survey MELI,~A A. SPIRO LAND PRESERVATION COORDINATOR m¢lissa.spiro~itown.~ou~old.ny, us Tclephonc (631) 765-571 I Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION · TOVmOF sormtoL~ REQUEST for Agricultural Structure Placement on PDI T;ix Map No. 1000r ~ :~ - ~'~- O'~ I am. the owner of the property described below, and. on which the Town rights/c0nservation easement on or about It- t-I - tq~O~ (date); Name of'Owner (please print): Name(s)~of previous owner: (If aioplicable) Mailing Address: Phone Number: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) SoutholcL New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 dSNoV 13 2009 OEP[ OF , , _ PR~_S~.R_~]I_O__N LL-.~ Prop_erty Location: List type size,'and use of each agricultural structure proposed: ..... , ~Attach location map (survey, tax map, or. sketch plan) showing placement area of agricultural structure(s), distance from property boundary lines, and any readily available information relating to your request. YOU may talk with the Coordinator at (631)765-573.1 to discuss quesUons Or to arrange to participate in any of the regular meetings of the Land PreserVation Committee. Please return the completed form with attachments to: ~---9~L-4,~ Town of Southold -Land Preservation Department *All attachments must be signed and dated by property owner. 2 0 0 4 A E R I A L 2004 Aerial LIEB VINES, LLC Property Oregon Rd, Cutchogue 12.721 acres development rights easement to Town of Southold 1/24/00 S U R V E Y NOTE. FINAL SURVEY SURVEY OF PROPERTY SITUA TED A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 100-8.5-03-02 SCALE 1"=100' OCTOBER 1, 1999 NOVEMBER 17, 1999 RECONFIGURED RESERVE PARCEL TOTAL AREA = 594,144.44 sq. fi 13.639 ac. THiS PROPERTY IS LOCATED IN ZONING USE DISTRICT: A-C (AGRICULTURAL CONSERVATION) CERTIFIED TO: COMMONWEALTH LAND TITLE INSURANCE LIEB VINES, LLC LIEB VINEYARDS, LLC TOWN OF SOUTHOLD COMPANY UNAUTHORIZED ALTERATION OR AgDITION TO THIS SURVE~ IS A VIOLATION OF 49565 Joseph A. Ingegno Land Surveyor Fax (516)722 5093 99 589-1