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HomeMy WebLinkAboutGrippa, Paul & Maureen M1000-121-2-5 & 1000-122-1-2.5 (f/k/a 1000-122-1-p/o 2.2) Baseline Documentation Premises: 1100 County Road 48 Mattituck, New York 8.5142 acres Development Rights Easement PAUL GRIPPA and MAUREEN M. GRIPPA to TOWN OF SOUTHOLD Easement dated May 4, 2005 Recorded May 31, 2005 Suffolk County Clerk - Liber D00012389, Page 769 SCTM #: Premises: 1000-121-2-5 & 1000-122-1-2.5 (f/k/a 1000-122-1-p/o 2.2) 1100 County Road 48 Hamlet: Mattituck Purchase Price: Funding: $255,246.00 (8.5142 buildable acres $30,000/acre) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 10.5142 acres Development Rights: 8.5142 easement acres 1000-121-2-5 = 1.8255 acres 1000-122-1-2.5 = 6.6887 acres Reserved Area: 2.0 acres Zoned: R-40 Existing Improvements: In May 2005 - Wood fences; gravel area in western sector surrounded by wood fencing; one small framed building in center of parcel; partial gravel driveway; woods DESCRIPTION Lot 2.2 is part of a larger parcel which has an irregular "T" shape with ! ,849+' of frontage along the southerly side of Middle Road, irregular easterly and westerly borders, and a southerly border with 497+' of frontage along the northerly side of Sound Avenue. The subject is a 9.50+ acre portion of the above described property. The property has a rolling topography which is wooded. There is an estimated small area of freshwater wetlands on the subject which appears to be unregulated and does not, in our opinion, effect the overall development potential of the subject. Land use surrounding the subject is primarily vacant, or improved residential proper:ties. · IMPROVEMENTS The subject is vacant land. PRESENT USE AND OCCUPANCY The subject is presently vacant and in use for agricultural purposes. GIVEN A P P R A I S A L M O T I O N 'LAND PRESERVATION COMMITTEE MEETING TUESDAY~ JULY 1~ 2003 (~ 7:30 P.M. MINUTES Present were: Ray Blum, John Sepenoski, Bill Edwards, Fred Lee, Melissa Spiro and Tom Wickham. Grippa - 122-1-2.2 & 2.3 - It is located across from "Strawberry Fields" and the Adamowicz parcels. They are offering 11.5 acres for preservation. A motion was made by.Ray Blum and seconded by Fred Lee to have an appraisal done on this for the preservation of farmland and open space. All were in favor. P R 0 P E R T Y V I S U A L S 4,8A ~ ® 9 Zoning MapI 2 0 0 3 P H O T O S I I I I I I i I I ! I I Year 2003 View of Subject - Facing Northwesterly from Sound Ave View of Subject - Facing Southeasterly from Middle Road I ~_GIVEN ss I I I I I I I I I I I i View Westerly Along Sound Ave View Easterly Along Sound Ave Year 2003 I ~.GIVEN s? E N V I R O N M E N T A L S U M M A R Y Phase I I I I I I I I I I I I I I I I Environmental Site Assessment 1100 County Route 48 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) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The property is located on the south side of County Route 48 (Middle Road) approximately 400 feet east of Sound Avenue. The property is more particularly described as Suffolk County Tax Map # 1000-122-01-2.2. The subject property consists of approximately 9 acres of a larger 11-acre site. The property is comprised of two (2) parcels. The western, rectangular portion of the property is located to the west of a large barn and is comprised of manicured lawn interspersed with trees and a rectangular area covered with gravel. A narrow wooded strip exists on most of the southern property boundary. No building foundations or evidence of former buildings were observed on the property. No staining, residue, odors, or stressed vegetation was observed on this portion of the property. The eastern portion of the property consists of an irregularly shaped wooded parcel. Some mounds of dirt were observed in the area of the northwestern property boundary. The mounds were associated with construction occurring nearby on a portion of the property that is not a part of this report. The subject property slopes from the north and the south towards a centrally located swale area. The eastern portion of the swale was previously cut off by a gravel covered roadway that runs from north to south between Middle Road (CR 48) and Sound Avenue. No building foundations or evidence of former buildings were observed on the property. No staining, residue, odors, or stressed vegetation was observed on this portion of the property. No Sanborn map coverage was available for the subject property. Aerial photographs from 1938, 1957, 1969, 1976, 1980, 1994, 1999 and 2001 were reviewed in order to determine if any prior uses occupied the site. In the 1938 aerial photograph, the western parcel was part of a large agricultural area located to the north. The eastern portion of the property was wooded except for the southwestern comer which appeared to have been previously cleared. The swale area was apparent in the aerial and extended toward the northeast and Mattituck Creek. In the 1957 to 1976 aerial photographs the western parcel was being farmed and a small cleared area was I I I ! I I I I 1100 County Route 48, MaUituck Phase I ESA noticeable at the northwest comer of the eastern parcel. In the 1980 and 1994 aerial photograph, farming had ceased and revegetation was occurring. The USGS Mattituck Quadrangle map dated 1956 depicted the subject property as being located in a developed area. 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 within one-half (0.5) mile of the site. Specifically, one (1) RCRA generator was located with one (1.0) mile, one (1) active and one (1) closed LUST and eleven (11) closed spills were noted in the vicinity of the property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, it the property is to be utilized for residential purposes in the future, the area formerly used for agricultural purposes should be sampled and analyzed for the presence of pesticides and metals. I I I I I I I I NELSON, POPE & VOOP, JdlS, LLC ENVIRONMENTAl. · PLANNING · CONSULTING Page 2 of 27 I I I I I I I I I I I I I I I FIGURE 1 LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale 1100 County Road 48, Mattituck Phase I ESA NORTH I I I I I I I I I I I I I I I I FIGURE 2 AERIAL PHOTOGRAPH Source: NYSGIS Orthoimagery Program, 2001 Scale: 1" = 300' 1100 County Road 48, Mattituck Phase I ESA NORTH I FIGURE 3 WATER TABLE MAP 1100 County Road 48, Matfltuck Phase I ESA I I I I I I I I I I I I ,., 53325,, :/ - -' .... :'X ~...,,~'-'-~e~ ~-~-~b~' ..... · .~. / -- ......~ ....-- ...-- ~ ~--.' --' ~- ~51582~ ~5333~-~ ........ ~ n ...... ;--~ &...~'"' ', ~ ........... -'5t587 " X~ %/' 7/' / '.,, ~,,/" X ~%// ' ~'*.N.. ?;' t -:: ~.~ ........~ 5k L~ Source: SCDHS Water Contour Map NOR~ Toxics Targeting 1 Mile Radius Map 1100 County Route 48 Mattituck, NY 11952 '\ ? I 0 1/8 1/4 Distance in Miles N Suffolk County F[ NPL, CERCLIS NYSDEC Inactive Hazardous Waste E~J Disposal Regist~/or Regis u y Qualifying Site RCRA Corrective [] Hazardous Waste Trealer, [] Aclion Faciliiy Starer, Disposer Hazardous Substance Solid Wasle (~ Waste Disposal Sile ~ Facility Major Oil ~ S~orage Facility 1/2 1 LocaUo. I ~ ware, body Minor Roads Toxics Targeting 1/2 Mile Radius Map 1100 County Route 48 Mattituck, NY 11952 · 1100 County Route 48 Suffolk County Minor Roads 1/4 1/2 Toxics Targeting 1/4 Mile Radius Map 1100 County Route 48 Mattituck, NY 11952 N Docket Facility \'\ t'/ // - ~,~ /¢* ~ .: :: Major Distance in M~es Suffolk County ~ Waterbody -- I/8 Mile Radius .1100 County Route 48 Toxics Targeting 1/4 Mile Closeup Map 1100 County Route 48 Mattituck, NY 11952 Suffolk County [] Hazardous WasLe T,ealer, [] RCRA Correcbve Radius Radius 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 674 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 7, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, September 21, 2004~ at 5:10 p.m., Southold Town Hall, 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Paul and Maureen Grippa. Said property is identified as part of SCTM #1000-122-1-2.2. The address is 1100 County Road 48, Mattituck, New York, and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue, in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000.00 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space and agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY G1VEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ September 21~ 2004~ at 5:10 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of proper ,ty owned by Paul and Maureeu Grippa. Said property is identified as part of SCTM #1000-122-1-2.2. The address is 1100 County Road 48, Mattituck, New York, and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue, in Mattituck in an R~40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000.00 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space and agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold TownHall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Dated: September 7, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON SEPTEMBER 16~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEViLLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Board Members Melissa Spiro (4) Town Attorney Town Clerk's Bulletin Board HEARING ON THE SOUTHOLD TOWN BOARD PUBLIC HEARING September 21, 2004 5:I0 P.M. PURCltASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF GRIPPA~ SCTM #1000-122-1-2.2. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ September 21~ 2004~ at 5:10 p.m.s. Southold Town Hall~ 53095 Main Road~ South. old~ New York as the. tic, and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Paul and Maurecn Grippa. Said prop~;~ty is identified as part of SCTM #1000-122-1-2.2. The address is 1100 County Road 48, Mattituek, New York, and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue, in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development fights easement is subject to survey. The purchase price is $30~000.00 {thirty thousand dollars) per buildable acre. The property is listed on the Town's Communl .ty Preservation Pro]ect Plan as property that should be preserved due to its open space and agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WlCKHAM: It has been published in the local newspaper, it has appeared on the Town Clerk's bulletin board and I have no further communications on it. SUPERVISOR HORTON: Thank you, Councilman Wickham. Ms. Spiro. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. Once again, Melissa Spiro, Land Preservation Coordinator. As Councilman Wickham mentioned, this is the purchase of a September 21, 2004 2 Public Hearing- C_rdppa Purchase development fights easement on nine of eleven acres of the Grippa's property. The Grippa's have given the Town an excellent opportunity to preserve a sJ~ificant property in Mattituck. The Grippa's property is located across County Route 48 in the recreational land that we know as Strawberry Fields. It is also located across Sound Avenue from what is known as the Laurel Lake Preserve, which is somewhere in the realm of 500 plus or minus acres and on which the Town is developing a trail system. The properties location in regard to other preserved parcels can be seen on the maps in the front. The green represents preserved parcel and the red shows the Grippa's property and also ano~l ,:r pending open space application. The Grippa's property has over 1800 feet of fxontage on County Route 48, it is on the Town's Community Preservation plan and on the Town's Farmland Inventory as property that should be preserved. Preservation of this property will contribute to maintaining the rural character on this part of County Route 48. The proposal is to create a reserved area, that is an area not within the development fights easement of approximately two acres, including and in the vicinity of, the existing dwelling and the accessory structures on their property, and to include the remaining property of approximately nine acres within the development rights easement. This project preserves over 80% of the property and does not include any additional residential lots. The Land Preservation Committee and I both support the Town's purchase of this significant easement and of course, I would like to extend ,ny thanks to the Grippa's for participating in the Town's preservation efforts. Thanks. SUPERVISOR HORTON: Thank you, Melissa. Would anybody care to address the Board on this public hearing? (No response) We will close the hearing. Southold Town Clerk 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 695 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 21, 2004: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Paul and Maureen Grippa, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-122-1-2.2. The address is 1100 County Road 48 and is located on the southerly side of County Road 48, approximately 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $30,000 (thirty thousand dollars) per buildable acre; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq4 be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORH For UNLISTED ACI/ONS Only PART X-PRO~ECT ZNFORMA1/ON (To be completed by Applicant OR Project) Page I of 2 1. APpL~CANT/SI~ONSOR: Southold Town Board 3. PROIECT LOCAl/ON: Municipality: ~)UT~ 0(~ 1~ "~0 va I~1 County: 4. PRECISE LOCAl/ON: (Street address and road Intersections, prominent landman, etc~ or provide map) "~T)~ New [~ Expansion ~ Modification 7. AMOUNT OF LAND AFFECTED: ~NITALLY ~ ~: acres ULT]~ATELY. c~+- acres 8. W~LL PROPOSED AC'I/ON COMPLY WITH EX~Sl/NG ZONZNG OR OTHER EX2SI/NG LAND USE RF-Sll~CITONS? ~ Yes~ No /£~o, de~ribebr/ef/y 9, WHAT [S PRESENT LAND USE 'm'N V~C[NTrY OF PRO3ECT? ~ ResidenUa;'~ Commerda,r'~' Industrial' Agdculture~-Park/Forest/Openspace~ Other~eCl~&:~'tlo~?rl_ 10. DOES AC1/ON lrNVOLVE A PERMIT APPROVAL, OR FUNDTNG, NOW OR U LTLMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STAI~ OR LOCAL)? Yes 1~ No /f ye~, Ii~ agency(~) and perm/(/approval$ 11. DOES ANY ASPECT OF THE AC'I/ON HAVE A CURRENTLY VAI i'D PERMIT OR APPROVAL? ~ Yes '~ No if~e~, I/~ agenc-y($) andperm/t/approvals 12. AS RESULT OF PROPOSED AC1/ON W~LL E)(Lql/NG PERMIT/APPROVAL REQUZRE MODZF/CAI/ON? I[~ Yes~ No ! CERI/FY THAT THE t*NFORMAI/ON PROVIDED ABOVE/S TRUE TO THE BEST OF MY KNOWLEDGE Signature _ ][f the action Is in the Coastal ~'rea, and you are a ~'.ate agency~ complete the ~oastel Assessment Form before pn~eeding with this assessment PART ~'-ENV'iRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES AC'~ON EXCEED ANY TYPE ! THRESHOLD ZN 6 NYCRR, PART 617.47 [] Ye~ No If ye~ coord/nate ~e review p*'~'~ and use the fu/I EAF B. W~LL ACTEON RECF. IVE COORD~'NATED REV/EW AS PROVIDED FOR UNI.~STED AC'I/ONS ]'N 6 NYCRR, PART 617.67 [] Yes ~ No lf no, a negative dedaraJ~bn may be su.~e,'~fed by ar~ob~er invo/ved ageocy C. COULD AC'I~ON RESULT IN ANY ADVERSE EFFECTS ASS~OC/ATED WI'TH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing b'offic patterns solid waste production or disAp~se~l, potonUal for erosion, drainage or flooding problem? Explain briefly: (2. Aesthetic, agricultural, archaeological, histodc or other natural or cultural resources; or community or nelghbdrhood character? C3. V~g~tion or fauna fishes shellfish or wildlife species, significant habitats, or threatened or endar~Jered spedes~ Explain briefly. C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? C5. Growth, ~ul:w~queot d~talopment, or ndated a~des Iike~ to be induced blt the ~roposed a~on? Explain bd~l¥: C6. ~.~term, ~ort t~m, cumulative, or other effects r~: identified in ¢1-C57 Explain briefly: C7. Other impacts 0nduding changes in use of either quan~,~ of type of ener~)? Eqolain bdefly: D. W~LL THE PRO3ECT HAVE AN ]rMPACT ON THE ENV/RON MENTAL CHARACTER/CS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes~ No E. ~'S THERE, OR 1'S THERE I./KELY TO BE, CONTROVERSY RELATED TO POTENI'r_AL ADVERSE ENV/RONMENTAL ~'MPACTS? [] Yes~ No PART ZTr- DETERM]rNAT/ON OF SZGNZF/CANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect (dentJfied above, determine whether it is substantial, large, or otherwise si§nificant. Each effect should be asseseed in connection with ;ts (a) setting (Le. urban or rural); pmbabilib/of eccurriog; (c) duration; (dO irrevmsibility; (e) 9eographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and s, ignificanca must evaluate the potential impact of the proposed action on the environmental charactedsties of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed direcUy to the FULL ENV[RONHETNAL ASSESSHENT FORPI and/or prepare a positive declaration. ~ Ched( this box if you ?ve determined, ba~od on the information and analysis above and any suppc~ing documentation, that the proposed action WILL NOT result ~n any significant adverse environmental impacts AND provide on attachments as necessary, the re~asoes supporting Print of~-~e Name of Respo. I/sible~cor in Lead Agene/ ~.~ ~ Titie of Responsi(~le-~Officar ,,, /k2~aturo of ~pon~ble ~car in Lead .~jenc~ $i~na~ore of ~'ep~re{if different fm((n of r~ponsibl~ officor) 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 Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 716 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 21, 2004: WHEREAS, the Town Board of the Town of Southold held a public hearing of the question of the purchase of a development rights easement on a certain parcel of property owned by Paul and Maureen Gfippa, on the 21st day of September, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-122-1-2.2. The address is 1100 County Road 48 and is located on the southerly side of County Road 48 approximately 400 feet east of the intersection &County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district; and WHEREAS, the development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel identified as SCTM #1000-112-1-2.2. The exact area of thc development rights easement is subject to survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space and agricultural value; and WHEREAS, the property is in the vicinity of other lands on which either the Town or the County have preserved; and WItEREAS, the purchase of the development fights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and WItEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development fights on this agricultural land; now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Paul and Maureen Grippa~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-122-1-2.2 and 1100 County Road 48 and is located on the southerly side of County Road 48 approximately 400 feet east of the intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district. The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the easement is $30,000 (thirty thousand dollars) per buildable acre. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT PAUL & MAUREEN GRIPPA to TOWN OF SOUTHOLD Development Rights Easement- 8.5142 acres 8.5142 buildable acres @ $30,000/acre Premises: 1100 County Route 48, Mattituck, NY plo SCTM #1000-122-1-2.2 Total Parcel Acreage - 10.5142 acres Closing held on Wednesday, May 4, 2005, at 10:00 a.m., Land Preservation Dept., Southold Town Hall Annex Purchase Price of $255,426.00 disbursed as follows: Payable to Cole Taylor Deferred Exchange Corp. Check #79968 (5/4/05) $ 255,426.00 Expenses of Closing: Appraisal Payable to Given Associates Check #73'173 (9~9~03) Survey Payable to Peconic Surveyors, P.C. Check #79271 (11/30/04) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #79100 (11/16/04) Title Report Payable to LandAmerica*Commonwealth Check #79969 (5/4/05) Fee insurance $1,454.00 Recording deed $ 301.00 $ 2,700.00 $ 3,500.00 $ 1,200.00 $ 1,755.00 Title Closer Attendance Fee $ 75.00 Payable to Denise Burns Check #79967 (5~4~05) Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Paul & Maureen Grippa P. Edward Reale, Esq. Denise Burns Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Sellers Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst ~ SQUTHOLD NEWYORK 11971:-09§9 DATE PREPAID 5/4 CHECK NO. AMOUNT 05/04/2005 79968 S255,426.00 TWO HUNDRED F~FTY.~F~VE THOUSAND FOUR HUNDRED TWENTY SIX AND 00/100 DOLLARS PAY TO THE ORDER OF COLE 'TAYLOR DEFERRED EXCHANGE VENDOR 003312 COLE TAYLOR DEFERRED EXCHANGE 05/04/2005 CHECK 79968 "~TIT~T'J ~, AC~(~©TTT',TT H3 .8660.2.600.100 P.O.~ INVOICE 050405 DESCRIPTION AMOUNT GRIPPA CLOSING-8. 255,426.00 TOTAL 255,426.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 _GIVEN A S S 0 C I A I E $ PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 August 5, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Paul and Maureen Grippa S.C.T.M. #1000-122-1-2.2 and 2.3 Located Southerly Side of Middle Road Mattituck, New York 11952 File# 2003301 $2,700.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y 8/12/2003 8/12/2003 H3 .600 8/12/2003 8/12/2003 H3 .600 ,, 8/26/2003 8/26/2003 A .600 ,Y, 9/09/2003 9/09/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 :: 11/18/2003 11/18/2003 H3 .600 ,, 12/02/2003 12/02/2003 H3 .600 ~, 12/02/2003 12/02/2003 H3 .600 ,, 3/09/2004 3/09/2004 H3 .600 ,, 3/23/2004 3/23/2004 H3 .600 4/06/2004 4/06/2004 H3 .600 ~_4/20/2004 4/20/2004 H3 .600 ,.9/07/2004 9/07/2004 H3 .600 ,,"'il/04/2004 11/04/2004 H3 .600 JE Date Trx. Date Fund Account ......................... Use Acti 8/12/2003 8/12/2003 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-09092003-727 Line: 92 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 9/09/2003 SDT 9/10/03 : Trx Amount... 2,700.00 : Description.. APPRAISAL-GRIPPA PROPRTY : Vendor Code.. 007416 : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 73173 SCNB : : Invoice Code. 2003301 : : VOUCHER ...... : : P.O. Code .... 10655 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 9/09/2003 : : Date Cleared. 9/30/2003 : : F3=Exit F12=Cancel : PECONIC ~URVEYOR$~ PoCo P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD N.Y. 11971 NOVEMBER 10', 2004 FOR PROFESSIONAL SERVICES RENDERED; SURVEY AS PER QUOTATION DATED 9/1/04 SUFFOLK COUNTY TAX MAP NO: 1000-122-01-2.2 FEES: $3,500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, Y JE Date Trx. Date Fund Account ......................... Use Acti H3 .600 A 600 H3 600 H3 600 H3 600 H3 600 H2 600 H3 600 7/31/2001 7/31/2001 8/28/2001 8/28/2001 6/03/2003 6/03/2003 12/02/2003 12/02/2003 3/23/2004 3/23/2004 5/04/2004 5/04/2004 5/04/2004 5/04/2004 11/30/2004 11/30/2004 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-11302004-213 Line: 213 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/30/2004 gDT 11/30/04 : : Trx Amount... 3,500.00 : : Description.. SURVEY-GRIPPA 122-01-2.2 : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, PoC. : : Alt Vnd.. : : CHECK ........ 79271 SCNB : : Invoice Code. 04-281 : : VOUCHER ...... : : P.O. Code .... 12747 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 11/30/2004 : : Date Cleared. 12/31/2004 : : F3=Exit F12=Cancel : Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 04325 Project: VA01615 1100 County Route 48, Mattituck Manager: McGinn, Steven To: Town of Southold Devt of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Invoice #: 2769 Invoice Date: October 28, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,200.00 Contract Dated September 3, 2004 - Item Itl: Prepare Phase I Environmental Site Assessment Work Performed: 9/20 thru 10/4/04 Cona-act Amount: $1,200.00 Percent Complete: 100.00% Fee Earned: $1,200.00 Prior Fee Billings: $0.00 Current Fee Total: $1,200.00 *** Total Project Invoice Amount $1,200. O0 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-11162004-114 Line: 249 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : Y JE Date Trx. Date Fund Account : Trx Date ..... 11/16/2004 SDT 11/16/04 : ......................... Use Acti : Trx Amount... 1~200.00 : 6/01/2004 6/01/2004 H3 .600 : Description.. PHASE i ESA-GRIPPA : 6/01/2004 6/01/2004 H3 .600 : Vendor Code.. 014161 : 6/15/2004 6/15/2004 H2 .600 : Vendor Name.. NELSON, POPE & VOORHIS, : 7/13/2004 7/13/2004 B .600 : Alt Vnd.. : 7/27/2004 7/27/2004 H8 .600 : CHECK ........ 79100 SCNB : 7/27/2004 7/27/2004 A .600 : Invoice Code. 2769 : 8/10/2004 8/10/2004 A .600 : VOUCHER ...... : 8/10/2004 8/10/2004 A .600 : P.O. Code .... 12748 : 8/10/2004 8/10/2004 A .600 : Project Code. : 8/10/2004 8/10/2004 A .600 : Final Payment F Liquid. : 10/19/2004 10/19/2004 H3 .600 : Type of 1099. M BOX. 07 Addl. : .Y~1/16/2004 11/16/2004 H3 .600 : Fixed Asset.. Y : .Wl/16/2004 11/16/2004 H3 .600 : Date Re1eased 11/16/2004 : ..~2/28/2004 12/28/2004 H3 .600 : Date Cleared. 11/30/2004 : .. 1/18/2005 1/18/2005 B .600 : F3=Exit F12=Cancel : ......................... Use Acti : : Select Record(s) or Use Action Code : ........................................ : APR, 21, 2005 9:20AM CLTIC RIVERHEAD LandAmerica Commonwealth N0,450 P. 2 TiUe No: RH0430~.763 Date Printed: April 21, 2005 Applicant'. Town of Southold/Land Preservation Order Type: Purchase/Resale Coordinator Premises: 1100 County Road 48 Sales Rep: Lisa Fox Mattituck, NY Date of Closing: County: Suffolk Purchaser: Town of $0uthold Closer: ['['EM &MOUNT ITEt4 ..... [A~4OUNT =es Insurance - $255/426.00 $1,454.00 Document to Follow ~ortgage Insurance - .' 0.00 Deed ~ ~cv~l'~'e ~J 20 I. 0 0 ~econd Mortgage- Mortgag~ Fhird Morl~a~)e .Coneelidatio~ & Extension Agmt -- · , Se~isfaction of Mortgage 25~ Affidavits Other ......... P~onic ~a¥ Tax ..... NY$ Tran~er Tax NYC RPT Mansion Tax Reel Estate Tax, ECB, PVI~, etc, To Pay Other ~urvey Passthru ' ' 3emal'l~nentel Searches Horde. Lags Tax ,,. :er~ificat~ of Occupancy Hor~gagor ;tr~et Repor~ ~ IVior~gagee ~ankruptcy [~1~,00 , Other ;ewer Search ~ Other ~ousing and Building ~- Other -'ire O~her _=mergency D[her S. dditional Taxes Other ~ur~e¥ Inspection Other 3thor 3thor IHuniclpal Searches :outlet / Delivery ~e- U¢¢'s County Escrow Service.Charge. UCC's State 3thor Other ~scmw to hold ~p.e. 'i.n_.PUrpose) Other Other Deposit (Included in Net tOTAL NET CHARGES: (EST) thames) /75' '. 0O RECEIPT5 CHECKS PAYABLE TO Commonwealth La(rd Title Insurance Company (Cir~Je One) Buyer/Seller Buyer/Seller Buyer/Seller $ Buyer/Seller $ CHECKS PAYABLE TO OTHER THAN Commonwealth Land Title Znsurance Company (Circle One) Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ TOTAL RECF~P,$ $ '' *NOTE P. ates& charges herein are subject to change ba~ed on Lhe rates in effect at the time Commonwealth Land Tit~e Insurance Company 1B5 Old Country' Road, Suite 2, Riverhead, New York 13,901 Phane; (631) 727-7760 TOWN OF SOUTHOLD 53095 MAiN ROAD SOUTHOLD. NEW YORK 11971-0959 PREPAID DATE CHECK NO. 05/04/2005 79969 ONE THOUSAiqD SEVEN HUNDRED FIFTY FIVE AATD 00,/100 DOLLARS NSO/. 46Q'~9 9 6 9 AMOUNT $1,755.oo PAY TO THE ORDER OF LANDAMERICA*COMMONWEALTH 185 OLD COUNTRY ROAD PO BOX 419 RIVERHEAD NY 11901 ,'O?qqr-q,' ~:08~1~D51,~1,1: ~5 OOOO01, 0"' VENDOR 003350 LANDAMERICA*COMMONWEALTH 05/04/2005 CHECK 79969 H3 .8660.2.600.100 P.O.~ INVOICE 12750 RH04301763 DESCRIPTIQ~ FEE POLICY/DEED-GRI TOTAL 1,755.00 1,755.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 SEVENTY FIVE AND 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE 05/04/2005 PREPAID 5/4 .o. (]° 9967 CHECK NO, AMOUNT 79967 $75.00 PAY TO THE ORDER OF DENISE BURNS C/O COMMONWEALTH LAND TITLE CO 177 OLD COUNTRY ROAD RIVERHEAD NY 11901 ,'0?qq~?,' ':0~IN05N~NI: g,% O0000N 0,' VENDOR 002783 DENISE BURNS 05/04/2005 CHECK 79967 H3 .8660.2.600.100 T~FQT~ RH04301763 DRSCRTPTION ~d~4OUNT TITLE CLOSER FEE-GRIPP 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 16 Receipt Number : 05-0057904 TRANSFER TAX NIIMBER: 04-42774 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 121.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $255,426.00 Received the Following Fees For Above Instrument Exempt Page/Filing $48.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $10.40 NO RPT SCTM $0.00 NO Transfer tax Con~n. Pres $0.00 NO TP~ANSFER TAX NUMBER: 04-42774 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 05/31/2005 09:09:11 AM D00012389 769 Lot: 005.000 Exempt $5.OO NO $15.00 NO $0.00 NO $50.00 NO $0.00 NO $138.40 JUN - 1 2005 OEPi OF LAND PRESERVATION TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 31 FEES Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (Count3') Sub Total EA-5217 (State) R.P.T.S.A. ~)(~ Conml. of Ed. 5. 00 Affidavit C;rtified Copy ) lO ~ ~Y~7~ge IS. oo Sub Total Grand Total Imo~t~/ I~~'~ 1000 12100 0200 005000 1000 12200 0100 002005 4 Ir>ist./v~lse~tion/~' Real Propert Tax Service Agency Verification Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County Held for Appointment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Communit~ Preser*atton Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD 6[ Satisfacti°ns/DischargeR~celoeaSRi~s2istREPr°PeTul~YTOOTners Mailing Address ~~,~t-~//f~ i~!Fe Titl~Company Informatipn F--~g:~b~/-oq° ~r~<---- 81 Suffolk COunty Recording & Endorsemen~ .Pa~e This page f°'ls p~ °f the attached ~~j~~~~~~ In ~e Township of ~ In ~e V~LAGE ~~~ or ~LET of BOXES 6 THRU 8 MUST BE TYPED OR PRATED ~ BLACK ~K O~Y PRIOR ~ ~CO~G OR ~G. (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 4th day of. Hay, 2005 at Southold, New York. The parties are ~/~./~/¢/,~,~t ///~.~/£~,~'~2 /VI~ GRIPPA, residing at 1100 County Road 48, Mattituck, New York ,,~ 13~, 11952 (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-122-1-2.2, more fully described in SCHEDULE A attached hereto made a part hereof and shown on the survey prepared by Peconic Surveyors dated October 19, 2004 hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-40 Zoning District of the Town of Southold. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property as scenic open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property consists of forest and open acreage with horse paddocks; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and :[989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of TWO HUNDRED AND FIFTY-FIVE THOUSAND-FOUR HUNDRED AND TWENTY-SIX AND XX/100 Dollars ($255,426.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.0! Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoonition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the [nternal Revenue Code and other federal statutes. 2 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated October 19, 2004 by Peconic Surveyors and an Environmental Site Assessment dated October 8, 2004 prepared by Nelson, Pope IA Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01Tvoe This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shah include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than open space and/or agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 25 and Chapter 59 of the Town Code of the Town of Southold (the "Town Code"). 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed 3 granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures. Except as provided in Section 4.06, and notwithstanding the definition of agricultural production in Chapter 25 of the Town Code, the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. Structures and improvements, limited to driveways and agricultural structures as they may be permitted in Section(s) 4.06 hereof, shall not be erected on, over, or under the Property without the prior written approval of the Grantee, as may be required by the Town Code now, or as it may be amended, which approval may be granted if the structure does not defeat or derogate from the purpose of this Easement or other applicable law. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 3.04 Dumpinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Landscapinq Activities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04. Notwithstanding this provision, the property may be cleared in connection with agricultural production, as that term is currently defined in Chapter 25 of the Town Code. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems not already in place on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to service the permitted structures. 3.08 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall be prohibited. For the purposes of this section, agricultural production as defined in Chapter 25 of the Town Code shall not be considered a commercial use. 3.09 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the U.S. Department of Agriculture's National Resource Conservation Service. 3.10 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3,11 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscaoina Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Activities Grantor shall have the right to engage in ali types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. Notwithstanding the definition of agricultural production in Chapter 25 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 6 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior written approval of Grantee, and as such approval may be required by the Town Code and the Town Land Preservation Committee or its successor committee. Approval may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. These structures and improvements include: (i) Underground facilities used to supply utilities and/or control stormwater runoff; (ii) Fences, if placed so as not to block or detract from the scenic view; and A barn or other shelter for animals, equipment, crops or produce relating to the agricultural use of the Property. Such barn or other shelter for animals, equipment, crops or produce relating to the agricultural use of the Property shall not exceed a total footprint of ten thousand (10,000) square feet and shall not be located closer then fifty (50) feet to CR 48. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies OF assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production, then Grantor shall continue the current modes of landscaping, pruning and grounds maintenance. Grantor shall remove or restore trees shrubs or other vegetation when dead, diseased, decayed or damaged, thin, prune trees and mow to improve the appearance of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such maintenance. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Sections 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The prevailing party, as determined by a court of competent jurisdiction, shall pay to the other all reasonable attorneys' fees, court costs and other expenses incurred (herein called "Legal Expenses") in connection with any proceedings under this Section. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. I~lailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Nailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquish ment/Condem nation If at any time the Property OF any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 10 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This easement may be amended only with the written consent of Grantee arid current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder. Any such amendment shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or Chapter 59 of the Town Code and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which, shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordino Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: Paul Grippa (Grantor)' Maureen Grippa (,~rran~or) 12 ACKNOWLEDGED AND ACCEPTED: TOWN (~F SOUTJ-IOLD(Grantee) /.loshua Y. or v/ Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this l~y of JJ~ in the year 2005 before me, the undersigned, Flersonally appeared JOSHUA Y. HORTON, personally known to me or proved Lo 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 Th~vidual(s), or the~er/lson upon behalf of which the individual(s) acted, exe'c~d, the inst~u~_~, DENISE F, BURNS ~ ,~ -'~ ~ I~(/['~-'-'~ Notary Public. State of New York N oS~at~'Pu b lic - ~ / No. 48052S9 Qualified in Suffolk County Commission Expires September 20, 2006 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this c/'~day of ~'n the year 2005 before me, the undersigned, personally appeared PAUL GR[PPA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the -~q~Ldividual(s), or the person upon behalf of which the individual(s) acted, exe~L~?~ instrurr~.j DENISE F. BURNS Nu[dry Public- STATE OF NEW YORK) COUN~ OF SUFFOLK) SS: On this~day of ~ in the year 2p05 before me, the undersigned, ~ersonally appeared HAUREE~IPPA, personally known to me or proved 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 capacity(les), and that by his/her/their signature(s) on the instrument, the indi~ual(s), or the person ~on behalf of which the individual(s) acted, C; /Anne/Town of Southold ~aster Documents/Grippa Final Development Rights S/3/OS 13 STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I AVE COMPARED THE ANNEXED COPY OF _ DEEDLIBER /,~Oc~ HATPAGE--"~ .RECORDED_ ,_,1'-,_.~/_~,.)~ AND THAT IT IS A JUSTr AND TRUE COPY OF SUCH ORIGINAL ~ AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~/f~DAY OF ~ ~ o.~ CLERK File No: RH04301763 SCHEDULE A-DESCRZPTTON AMENDED 01/06/05 ALL that certain plot, piece or parcel of land, situate, lying and being at IVlattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGi'NNING at a monument on the Northeast corner of the premises herein described, said point being 842 feet (more or less) Westerly from the corner formed by the intersection of the Westerly side of Lipco Road with the Southerly side of t, liddle Road (C.R. 48); said point also being the corner formed by the intersection of the Westerly side of "Old Neck Road or Shirley Road" with the Southerly side of Middle Road (C.R. 48); RUNNING THENCE South 30 degrees 37 minutes 50 seconds East along the Westerly side of "Old Neck Road or Shirley Road", ~.35.70 feet to land now or formerly of Alderman, Hiska and OImsted; RUNNING THENCE along said land now or formerly of Alderman, Miska and Olmsted, South 69 degrees 19 minutes 30 seconds West, 9:!..00 feet to land now or formerly of Boehm; RUNNTNG THENCE along said land now or formerly of Boehm and land now or formerly of Klipp, South 75 degrees 23 minutes 40 seconds West, 199.90 feet to land now or formerly of Lynaugh; RUNNING THENCE along said land now or formerly of Lynaugh, South 80 degrees 17 minutes 30 seconds West, 100.08 feet to land now or formerly of Burt; RUNNING THENCE along said land now or formerly of Burt and land now or formerly of Demchuk, South 78 degrees 00 minutes 30 seconds West, 174.92 feet; RUNNING THENCE continuing along land now or formerly of Demchuk, South 13 degrees 00 minutes 20 seconds East, 68.55 feet to land now or formerly of Meyer; RUNNING THENCE along said land now or formerly of Meyer and land now or formerly of Sisson, South 76 degrees 18 minutes 50 seconds West, 165.00 feet; RUNNTNG THENCE continuing along land now or formerly of Sisson, South 13 degrees 00 minutes 20 seconds East, 264.00 feet to the Northerly side of Sound Avenue; RUNNING THENCE along the Northerly side of Sound Avenue, the following 2 courses and distances: 1) South 76 degrees 18 minutes 50 seconds West, 414.40 feet; 2) South 81 degrees 50 minutes 50 seconds West, 26.88 feet to land now or formerly of Grippa; RUNNING THENCE along said last mentioned land the following 2 courses and distances: 1) North 19 degrees 54 minutes 00 seconds West, 200.00 feet; 2) South 81 degrees 50 minutes 50 seconds West, 200.00 feet; RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 43.34 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 408.81 feet to land now or formerly of L.I.P.A.; RUNNING THENCE along said land now or formerly of L.I.P.A., North 35 degrees 16 minutes West, 41.30 feet to land now or formerly of ]IMD, Inc.; Legal Description * ', File No: RH04301763 RUNNING THENCE along said land now or formerly of ]IMD, Inc., North 35 degrees 38 minutes 50 seconds West, 170.56 feet to the Southerly side of Middle Road (C.R. 48); RUNNING THENCE along the Southerly side of Middle Road (C.R. 48) the following 2 courses and distances: 1) Along an arc of a curve bearing to the right having a radius of 2820.79 feet, a distance of 168.62 feet; 2) North 76 degrees 00 minutes 40 seconds East, 1680.02 feet to the monument at the point or place of BEGINNING. I:XCEPTi'NG THEREFROI4 so much of the premises as described as follows: BEGINNING at a point on the southerly side of Middle Road (C. R. 48) distant westerly 1096.38 feet as measured along same from the intersection of the westerly side of Old Neck Road or Shirley Road with the southerly side of Middle Road (C. R.48); RUNNING THENCE South 32 degrees 26 minutes 00 seconds East, 100.00 feet; RUNNING THENCE North 73 degrees 33 minutes 00 seconds East, 120.61 feet; RUNNING THENCE South 16 degrees 27 minutes 00 seconds East, 117.72 feet; RUNNING THENCE South 73 degrees 33 minutes 00 seconds West, 419.80 feet; RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 31.97 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 40.31 feet; RUNNING THENCE South 17 degrees 49 minutes 00 seconds East, 194.79 feet to the southerly side of Middle Road (C.R.48); RUNNING THENCE along the southerly side of Middle Road {C.R.48) North 76 degrees 00 minutes 40 seconds East, 318.82 feet to the point or place of BEGINNING. T I T L E P 0 L I C Y ISSUED BY COMMON~W~ALTH LAND TITLE INSURANCE COMPANY Commonwealth A LANDAMER[CA COMPANY OWNER'S POLm~ 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 insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) thc occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date thc 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 PoIicy; 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 federaI 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 prefcrentiM transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordalion to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A ~IaI~INAL Valid only if Schedules A and B and Cover are attached MAY, 4, 200i 9:15AM CL' RIVERHEAD ,NO, 437~ P, 2 LandAmerica CommonwealU Amount of Znsurance: $255~426.00 Date of Policy.. May 4, 2005 Name of Znsured; Town of Southold ~le No= RH04301763 SCHEDULE A Policy No.: RH04301763 The estate or interest in the la d which is covered by this policy; Development Rights i Title to the estate interest inl~the land is vested in; By grant of development rights ~asement made by Pau Grppa and Maureen Grippa to the I'NSURED dated 5/4/2005 and to be recor~ied in the Office of the Clerk of the City/Register Suffolk County, 4, The land referred to in this p~ ~licy is described on the annexed Schedule A - Description. CounterSigned: Authorized Off'leer Or Agent ALTA Owner's Policy File No: RH04301763 SCHEDULE A - DESCRZPTZON AMENDED 01/06/05 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEG]NlXlING at a monument on the Northeast corner of the premises herein described, said point being 842 feet (more or less) Westerly from the corner formed by the intersection of the Westerly side of Lipco Road with the Southerly side of Middle Road (C.R. 48); said point also being the corner formed by the intersection of the Westerly side of "Old Neck Road or Shirley Road" with the Southerly side of Middle Road (C.R. 48); RUNNTNG THENCE South 30 degrees 37 minutes 50 seconds East along the Westerly side of "Old Neck Road or Shirley Road", 135.70 feet to land now or formerly of Alderman, Miska and Olmsted; RUNNING THENCE along said land now or formerly of Alderman, F4iska and OImsted, South 69 degrees ~.9 minutes 30 seconds West, 9:t.00 feet to land now or formerly of Boehm; RUNNING THENCE along said land now or formerly of Boehm and land now or formerly of Klipp, South 75 degrees 23 minutes 40 seconds West, :L99.90 feet to land now or formerly of Lynaugh; RUNNING THENCE along said land now or formerly of Lynaugh, South 80 degrees 17 minutes 30 seconds West, ~.00.08 feet to land now or formerly of Burt; RUNNING THENCE along said land now or formerly of Burr and land now or formerly of Demchuk, South 78 degrees 00 minutes 30 seconds West, 174.92 feet; RUNNTNG THENCE continuing along land now or formerly of Demchuk, South :~3 degrees O0 minutes 20 seconds East, 68.55 feet to land now or formerly of Meyer; RUNNING THENCE along said land now or formerly of Meyer and land now or formerly of Sisson, South 76 degrees ~.8 minutes 50 seconds West, :t65.00 feet; RUNNING THENCE continuing along land now or formerly of $isson, South :~3 degrees 00 minutes 20 seconds East, 264.00 feet to the Northerly side of Sound Avenue; RUNNING THENCE along the Northerly side of Sound Avenue, the following 2 courses and distances: J~) South 76 degrees 18 minutes 50 seconds West, 414.40 feet; 2) South 81 degrees 50 minutes 50 seconds West, 26.88 feet to land now or formerly of Grippa; RUNNTNG THENCE along said last mentioned land the following 2 courses and distances: 1) North 19 degrees 54 minutes 00 seconds West, 200.00 feet; 2) South 81 degrees 50 minutes 50 seconds West, 200.00 feet; RUNNING THENCE North ~9 degrees 54 minutes 00 seconds West, 43.34 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 408.81 feet to land now or formerly of L.I.P.A.; RUNNING THENCE along said land now or formerly of L.I.P.A., North 35 degrees :t6 minutes West, 41.30 feet to land now or formerly of .IIMD, inc.; RUNNING THENCE along said land now or formerly of ~lIrvlD, inc., North 35 degrees 38 minutes 50 seconds ALTA Owner's Policy (10-17-92) File No: RH04301.763 West, 170.56 feet to the Southerly side of Middle Road (C.R. 48); RUNNING THENCE along the Southerly side of Middle Road (C.R. 48) the following 2 courses and distances: :[) Along an arc of a curve bearing to the right having a radius of 2820.79 feet, a distance of :[68.62 feet; 2) North 76 degrees 00 minutes 40 seconds East, :[680.02 feet to the monument at the point or place of BEGINNING. E×CEPTi'NG THEREFROM so much of the premises as described as follows: BEGINNING at a point on the southerly side of I~liddle Road (C. R. 48) distant westerly :[096.38 feet as measured along same from the intersection of the westerly side of Old Neck Road or Shirley Road with the southerly side of Middle Road (C. R.48); RUNNING THENCE South 32 degrees 26 minutes 00 seconds East, :[00.00 feet; RUNNING THENCE North 73 degrees 33 minutes 00 seconds East, 120.6:[ feet; RUNNING THENCE South :[6 degrees 27 minutes 00 seconds East, :[:[7.72 feet; RUNNING THENCE South 73 degrees 33 minutes 00 seconds West, 4:[9.80 feet; RUNNING THENCE North :[9 degrees 54 minutes 00 seconds West, 3:[.97 feet; RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 40~3:[ feet; RUNNING THENCE South ~t7 degrees 49 minutes 00 seconds East, :[94~79 feet to the southerly side of Middle Road (C.R.48); RUNNING THENCE along the southerly side of Middle Road (C.R.48) North 76 degrees 00 minutes 40 seconds East, 3:~8.82 feet to the point or place of BEGINNING. ALTA Owner's Policy (10-17-92) File No: RH0430~,763 SCHEDULE B EXCEPTZONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Rights of tenants or persons in possession. Taking for Middle Road in Liber 5471 Page 66. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation will terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored taxes, plus penalty and interest, if any. 4. Unpaid water charges to date, if any. Survey made by Peconic Surveyors dated :[0/19/04 shows subject premises improved by a 2 story frame building with seven (7) frame building, coop and dog pen; a)Gravel area enclosed by fencing; b)Gravel driveway runs through the central portion of the premises; c)Overhead wires and utility pole in southerly area; d)Fence encroaches an undetermined distance South of the southerly record line; e)Overhead wires and utility poles at variation to northerly record line; f)Fence in northerly area and at variation to westerly record line; g)Interior fencing shown. No other variations or encroachments. 6. 2004/05 2nd half Town and School taxes. ALTA Owner's Policy (10-17-92) Commonwealth File No: RH04301763 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLTCY) ATTACHED TO AND MADE A PART OF POLZCY NO. 04301763 TSSUED BY COMMONWEALTH LAND TTTLE TNSURANCE COMPANY 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 Tater 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. Commonwealth Land Title :Insurance Company Dated: Nay 4, 2005 Countersigned: Authorized Officer or Agent President Attest: Secretary Standard New York EndorsemenbOwner's NAY, 4, 2005 II:06AM CL~ R!V2RHEAD N0.~74 P !/3 gFO: LandAmerica' Commonwealth AMOUNT; Home Federal Savlhgs' Bank $~so,ooo~oo DATED: 11/20/92 RECORDED: 12,/14/92 RE~ORDED IN: Ltber 3..8~,27 Pa~e 533 CerU~icete of' TIUe N~RTGAGoP,: Paul Grippa ~nd MORTGAGEE: Home Federal AMOUNT: $13,556.26 DATED: 03/27/9B RECORDED: 09/09/98 , I RECORDED ~N: Llber 19395 P~gi ~aureen M. Grlppa ?Jngs Bank 7B AGREEML~/T: Consolidation end -:Xtens(on BETWEEN: Paul Orfppa and H ureen M. Grippa AND: Home Federal Savings Ban[ DATED: 03/27/98 ' I Co,solida~es ~o~gag, "~be~ ~ ~mi~d 2 tO 'orma ' NOT~; ~o~gag.es ¢ov~r P~mises nd more. , ~AY. 4, 21)Ob }i:OIAM CL RIVERHEAD NO.~?4 P 2/3 This policy does not Insure against bsa expenses) which arise by reason of the 1. Rights of tenants or persons tn I 2. l'sking for ~liddle Road in Libor ~ The t~x Search herein shows a pt termil~ate immediately upon the taxes, plus penalty and interest, File No: RH043'0~.763 SCHEDULE B CEpTZON$ FROH COVERAGE ~r damage (and the Company will not pay costs, a~o~ey'~ fees or ~llowing: ~SSe~sion. ¢71 Page 66, trial or full exemptioq from taxation. The exemption from taxation will :ransfer of Utle to the insured. Policy excepts the lien of restored any, ALTA OWner's POlicy (10-17-92) Unpaid water charges to date, if ~ny. Survey mede by Peconlc Surveyo! s dated 10/19/04 shows ~ubject: premises Improved by a 2 story frame building with Seven (7) fro ne buiJding, coop ~nd dog pen; a)Gravel area enclosed by fencing; b)Gravel driveway runs through t{ central DoKion of the premises; c)Ove~ead wires and utitJ southe~y area; d~Fe~ce encroaches an ~ndeter~lmed d s~n~ 5outh of ~he ;0~herJ re e)Overhead wires and u~li~ ~oie at var ......... , Y cord ~au~n :o no~ne~y rec0ro line; 0Fence n ~o~herty area and at variation ~ W~terly re,rd lire; )Zntedor fencing shown. No o~her variations or encroachment. NoAgage ma~e by Haumen H, Gl ape and Paul Gdppa to Home Federal SaWn S B ' end/orassJ~ns, lnthea~ountof: [50,000.00 da d ~,,*~-~* .... g. ank,~successom in L~er ~427 Page 533. ~ te N ....... ~, ~v, ~z recoreed December 14, ~992, Ho~gage made by Paul Grlppa an Haureen N. Gr or ~z4o,500 00, by Su~r~---,~- ~l'] ~' :" uun~mates ~e above two mo~ ......... -- Southold dated A~;. ~ ~" ~no ~emase Agreement be~aen N~ --L~?*?m m~ a single tien ~C-v .... ..,, -~, ~uu= to ~e recorded in the nm*- -~-~ - ,~, ~.~ turk Dank and The Town of - --~ premises aRd ~ore) .... ~: u~ ~ne uerK/Register of $uFoJk County 2004/0~ ~nd haJfTown and 5chool axes, CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) -insured": the insured named in Schedule A, and, subject to any fights or defenses the Company would have had against the named insured, those who succeed to the 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 knowledge or notice which may be imputed lo an insured by reason of the public records as defined in this policy or any other records which impart conslrtlctive notice of matters affecting the land. (dj "Iand": the land described or referred to in Schedule A, and improvements affixed thereto which by law constilute 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 righl , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a fight of access to and from the land is insured by this policy. (e) ortgage mortgage, deed of trust, trust deed. or other security instrument, (D "pub[lc records": records established under state statutes at Da e of Policy for thc purpose of mparting constructive notice of matters relating to 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) "unmarketabilily of the title": an alleged or apparent ma lee 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 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 indebledness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from Ihe insured of either ti) an estate or interest in the land. or (ii) an indebledness 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 wrifing ti) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come lo an insured hereunder of any claim of title or interest which is adverse to the title lo Ihe estate or inleresL as insured, and which might cause loss or damage for which the Company may be liable by virlue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarkelab[e. If prompt notice shall not be given lo the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompl notice is required: provided. however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy un]ess the Company shall be prejudiced by the failure and Ihen only to the extent of the prejudice 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) 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 unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to thc title or interest as insured, but only as to those stated causes of action alleging 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 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 not pay any fees. costs or expenses incurred by the insured in the defense of those causes of action which allege mattcr~ not insured against by this policy. (b) The Company shall have the right, at its own cost, lo institute and any action or proceeding or lo do any other acl which in its may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of Ibis policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy If lhe Company shah exercise its rights under this paragraph, it shall do si> diligently B 1190-1A (c) Whenever the Company shall have broughl an action or interposed a defense as required or permitted by thc provisions of this policy, the Company may pursue any litigation to final determination by a cour of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgmenl or order (dj In all cases where this policy permits or requires the Company Io 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, the name of the insured for this purpose. Whenever requested by the Company, the insured, al the Company's expense, shall give Ihe Company all reasonable aid ti) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecling seltlement, and (ii) in any other lawful act which in the opinion of thc Company may be necessary or desirable to establish the title to the estate or interest as insured, tf 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 continue 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 defecl in. or lien or encumbrance on the title, or other mailer insured against by this policy which constitules the basis of loss or damage and shall state, to the extenl 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 to defend, prosecute, or continue any litigation, with regard to the matter or mailers requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required lo submit lo examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, al such reasonable times and places as may be designaled by any aulhofized representalive of the Company, all records, books, ledgers, checks, correspondence and memoranda, whelher bearing a date before or afler Date of Policy. which reasonably pertain to the loss or damage. Further. if requested by any authorived representalive of the Company , the insured claimanl shal[ grant its permission, in writing, for any authorized representafive of the Company to 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 All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall nol 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 for examination under oath. produce other reasonably requested information or g~'ant permission to secure reasonably necessary information from third parBes as required Jn this paragraph shall terminate any ]iabi[ily 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 lhe ~bllowing additional options: la)To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the amount of insurance under this policy logether with any costs, altorneys' fees and expenses incurred by the insured c]aimanl, which were authorized by thc Company. up lo the time of paymant or tender of paymcm and which Ibc Company is obtiga led to pay. Upon Ihc exercise by Iht Company of this option, all liability and obligations to thc insured under this policy, other than to make the payment required, shah terminate, including any liability or obligation Io defend, prosecute, or continue any [iligatmn, and the policy shah be surrendered to the Company for cancellation (b) To Pay or Otherwise Settle With Parties Other than the hlsured or With the Insured Claiman~ 6) to pay or olherwisc settle wilh other parties for or in the name of an insured claimant any claim insured against under this policy, togelher with any cosls, attorneys' fees and expenses incurred by Ihe insured claimant which were authorized by the Company up to time of paymem and which the Company is obligated to pay: or (ii) to pay or otherwise settle with the insured claimant the It)ss or damage provided for under this policy, togelher with any ct)sis, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up ti> the time of paymenl and which the (ompany is obligated Io pay Upon the exercise by thc Company of either of Ihe opt:ohs provided ill paragraphs (b)(i) or (ii), the Company's obligalions lo Ihe insured under this policy for the claimed loss or damage, other than thc payments required to be made, shall terminate, including any liability or obligatmn to defend, prosecute or continue any lit~gatmn. C, 'qons 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 to the extent herein I described. (a) 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. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percenl of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or il 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 this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any padial loss, 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 Company shall only pay the loss pro rata in lhe proportion that 120 percent of the Amount of Insurance stated in Schedule A beam 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, aitomeys' fees and expenses for which the Company is liable under this policy, and shall only apply to that podion of any loss which exceeds, in the aggregate, 10 percent of the Amount of insurance staled in Schedule A. (c) The Company will pay only those costs~ attorneys' lees and expenses incurred in accordance with Section 4 of these Conditions and Stipo~ations. 8. APPORTIONMENT. ff the land described in Schedule A consists of two or more pamels which are not used as a single site, and a loss is established affecting one or more of the parcels but riel all, the loss shall be computed and seitred 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 lo Date of Policy, unless a liability or value has ~lotherwise been agreed upon as to each parcel by the Company and lhe insured at Flhe time of the issuance of this policy and shown by an express statement or by an endorsement attached lo this policy, 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the rack of a right of access to or from the land, 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 pedormed its obligations with respect to that matler 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 Company's 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 lhe Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LtABILITY. All payments under this policy, except payments made for costs, atlomeys' fees and expenses, shall reduce lhe 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 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 ScheduIe A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction el the Company. (b) When liability and the extent of loss or damage has been defini fixed in accordance with these Conditions and Stipulations, lhe loss or dam; shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SE'I-rLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under policy, all right of subrogation shall vest in the Company unaffected by any ac the insured claimant. The Company shall be subregated to and be entitled to all rights ; remedies which lhe insured claimant would have had against any person property in respect to the claim had this poficy not been issued. If requested the Company, the insured claimant shall transfer to the Company all rights; remedies against any person or properly necessary in order to pedect this ~igh subrogation. The insured claimant shall permit the Company lo sue, comprorT or settle in the name of the insured c~aimant and to use the name el the insu claimant in any transaction or litigation involving these rights or remedies. ff a payment on account of a claim does not tully cover the loss of insured claimant, the Company shall be subrogated to these rights and reme( in the propodion which the Company's payment bears to the whole amount of lOSS. if lOSS ShOuld result from any act of the insured claimant, as stated ab~ that act shall not void this policy, but the Company, in that event, shall be reqLu lo pay only that part of any losses insured against by this policy which s exceed the amount, if any, lost to the Company by reason of the impalrmenl 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 e and shall include, without limitation, the rights of the insured to indemnit guaranties, other policies of insurance or bonds, notwithstanding any terms conditions contained in those instruments which provide for subrogation rights reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured r demand arbitration pursuant to the Titte Insurance Arbitration Rules el American Arbitration Association, Arbitrable matle~s may include, but are limited to, any controversy or claim between the Company and the insured arb out of or relating to this policy, any service of the Company in connection will- issuance or the breach of a policy provision or other obligation. All arbitr~ matters when the Amount of Insurance is $1,000,000 or less shall be arbilrate~ Ihe option of either tho Company or the insured. All arbitrable matters when Amount of Insurance is in excess of $1,000,000 shall be arbitrated only wi agreed to by both the Company and the insured. Arbitration pursuant to this po and under the Rules in effect on the date the demand for arbitration is made or the option of the insured, the Rules in effect at Date of Policy shall be binc upon tho padies. The award may include attorneys' fees only if the laws of state in which the land is Ic~ated permit a court to award attorneys' fees t prevailing pady, Judgment upon the award rendered by tile Arbilrator(s) may entered in any court, having jurisdiction thereof. The law of the situs el Ihe land shall apply to an arbitration under the 1 Insurance Arbitration Rules. A copy of ~he 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 the Company is the entire policy and contract between the insured and Company. In interpreting any provision of this policy, this policy shall construed as a whole. (b) Any claim of !ess or damage, wheiher or not based on nergonco, ~ which arises out of the status of the title to the estate or interest covered hereb, by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made excep~ a writing endorsed hereon or attached hereto signed by either the Presiden Vice President, the Secretary, an Assistant Secretary, or validating officer authorized signatory of the Company. 16. SEVERABILITY. tn the event any provision of the policy is held invalid or unenforceable un applicable law, the policy shall be deemed not to include that provision and other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. Alt notices required to be given the Company and any statement in wri~ required to be furnished the Company shall include the number of this policy; shall be addressed lo: Consumer Affairs Depadment, F.O. Box 27567, Richmc Virginia 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only d Face Page and Schedules A and B are attacl NEW YORK OFFICES NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (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 1399 Franklin Ave, Suite 300 Garden City, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 634-7070 FAX: (845) 634-8513 185 Old Country Road, Ste 2 Riverhead, New York 11901 (631) 727-7760 FAX: (631) 727-7818 WHITE PLA/NS 50 Main Street White Plains, New York 10606 (914) 949-0002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 ThJ~Avenue New York, New York 10017 (212)949-0100 Form B 1190-3 OWNER'S POLICY OF TITLE INSURANCE American Land Title Association (10/17/92) Issued by Commonwealth Land Title Insurance Company Commonwealth Land Title insurance Company is a member of the LandAmerica family of title insurance underwriters. LandAmerica Commonwealth LandAmerica Financial Group, Inc. 101 Gateway Centre Parkway Richmond, Virginia 23235-5153 www. landam.com THANK YOU. Title insurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy, or you may calf or write; Commonwealth Land Title Insurance Company Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 telephone, toll free: 800 446-7086 web: www. landam.com We thank you for choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. LandAmerica Commonwealth N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of 8.5142 acres of active farmland and/or 0 acres of non- farmland, situated as part of Suffolk County Tax Map No. 1000-122-1-2.2 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor TOWN OF SOUTHOLD By: /J5~;h9~aRY~ utHeO ~ n, Supervisor P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner Paul and Maureen Grippa Paul Grippa ~"/' 1100 County Road 48 Mattituck, New York 11952 Maureen Grippa/ 1100 County Road 48 Mattituck, New York 11952 STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK ) On the ~__ day of May, 2005, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. DENISE F. BURNS Notary Public, State of New York No. 480526f~ Qualified in Suffolk County Commission Expires September 30 2006 STATE OF NEW YORK ) COUNTY OFSUFFOLK ) )SS: On the L day of May, 2005, before me personally appeared PAUL GRIPPA, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. DENISE F, BURNS Notary Public, State of New York No. 4805269 Qualified in Suffolk C:)unty Commission Expires Septe~ber 3(' 20C:6 STATE OF NEW YORK ) COUNTY OFSUFFOLK ) )SS: On the day of May, 2005, before me personally appeared MAUREEN GRIPPA, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public R E L E A S E A G R E E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: RELEASE Number of Pages: 3 Receipt Number : 05-0077294 District: Section: Block: 1000 121.00 02.00 Recorded: At: LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS !ceived the Following Fees For Above Instrument Exempt Page/Filing $9.00 NO Handling COE $5.00 NO NYS SRCHG Notation $1.50 NO Cert. Copies RPT $90.00 NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 07/26/2005 12:26:11 PM D00012399 710 Lot: 005.000 Exempt $5.00 NO $15.00 NO $0.00 NO $0.00 NO $125.5o DEPT Of LAND PRESERVATION Number of pages TORRENS Serial # Certificate # Prior Ctf. # 5- 31 Deed. Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED CLERK OF L DOOO1239q P 710 Recording / Filing Stamps FEES Page / Filing Fee Handling TP-584 Notation EA-5217 (Couniy) EA-5217 (State) Comm. of Ed. Affidavit Certified Copy Sub To,al I ~q ~'0 5. 00 Q Reg. Copy Other 4 [District Real Property Tax Service Agency Verification SubTotal Grand Total Isectio. IB,ock ~lLot t( iooo i2ioo o20o oo5ooo  lOOO 12200 oioo 002003 1000 12200 0100 002004 lO00 12200 OlO0 002005 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: 71 Co. Name Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / AssR, or Spec. / Add. TOT MTG. TAX Dual Town -- Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by dfis motgage is or will be improved by a one or two family dwelling only. YES -- or NO If NO, see appropriate tax clause on page # of this inslrument. 5 Conm~unlty Preservation Fund Consideration Amount $. CPF Tax Due $. Improved__ Vacant Land TD _ TD TD Title, Company Information COMMONWEALTH Suffolk County Recording & Endorsement Page This page forms part ofthe attached made by: (SPECIFY TYPE OF iNSTRUMENT) The premisis herein is situated in SUFFOLK COUNTy, NEW YORK. In the Township of . In the VILLAGE or HAMLET of TO BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) RELEASE AGREEMENT THIS AGREEMENT made as of the /, w'~ day of July, 2005 BETWEEN NORTH FORK BANK, with offices at 275 Broadhollow Road, Melville, New York 11747, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH: WHEREAS, the said party of the first part now owns and holds the following mortgage and the bond or note secured thereby: Mortgage dated November 20, 1992, made by Maureen M. Grippa and Paul Grippa to Home Federal Savings Bank to secure the principal sum of $150,000.00, which mortgage was recorded on December 14, 1992 in Liber 18427, Page 533 in the office of the Clerk of the County of Suffolk; .,/ Mortgage dated March 27, 1998, made by Maureen M. Grippa and Paul Grippa to Home Federal Savings Bank to secure the principal sum of $13,566.26, which mortgage was recorded on September 9, 1998 in Liber 19395, Page 78; which aforementioned mortgages were consolidated, extended and modified by Agreement dated March 27, 1998, made by Maureen M. Grippa and Paul Grippa to Home Federal Savings Bank to form a single lien of $140,500.00, which Agreement was recorded on September 9, 1998 in Liber 19395, Page 79, which mortgages as consolidated cover premises hereinafter mentioned or a part thereof, and WHEREAS, the party of the first part, at the request of the party of Paul Grippa and Maureen M. Grippa, has agreed to give up and surrender the interest in the Easement on lands described in Schedule 'A" annexed hereto, unto the party of the second part, and to hold and retain the fee title and residue of the mortgaged lands as security for the money remaining due on said modgage, NOW THIS INDENTURE WITNESSETH, that the party of the first part, in pursuance of said agreement and in consideration of one dollar, lawful money of the United States, paid by the party of the second part, does grant, release and quitclaim unto the party of the second part, only on the Easement on a portion of the mortgaged lands described in Schedule "A" annexed hereto, the mortgage lien to continue on all remaining interest in said lands. This agreement may not be changed or terminated orally. This agreement shall bind and enure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. The word "party" shall be construed as if it read "parties" whenever the sense of this agreement so requires. IN WITNESS WHEREOF, the said party of the first part has d'uly executed this agreement the day and year first above written. NORTH FORK BANK IN PRESENCE OF: Title: State of New York, County of Suffolk: ss: O~,¢¢~.July , ~ ,~k_, 20.05, before me, the undersigned, personally appeared ~' )-'/~ )',~,,~ s personally known to me known or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Record & Return to: Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, NY 11968 S U B O R D I N A T I O N A G R E E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING ,PAGE Type of Instrument: AGREEMENT Number of Pages: 3 Receipt Number : 05-0077294 District: Section: Block: 1000 121.00 02.00 Recorded: At: LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS ~ceived the Following Fees For Above Instrument Exempt Page/Filing $9.00 NO Handling COE $5.00 NO NYS SRCHG Affidavit $0.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 07/26/2005 12:26:11 PM M00021093 345 Lot: 005.000 Exempt $5.00 NO $15.00 NO $1.50 NO $90.00 NO $125.50 AU$ 12 2005, DEPT. OF LAND . i PRESERVATION Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument RECORDED 2005 Jul 26 12:26:11 Edward P.Romaine C3-ERK OF SUFFOLK COUHTV L P 345 31 Page / Filing Fee L~ __ l Deed / Mortgage Tax Stamp [ Recording / Filing Stamps FEES Handling ,5, 00 TP-584 Notation i '~ (County) Sub Total I ~,~) EA-5217 EA-5217 (State) Comm. of Ed. 5. 0~0 Affidavit Certified Copy Reg. Copy Sub Total ~ ~ 0 , OD Other } ~" ' Grand Total i 2 ~' , CO 4 ]District I Section __]Block ]Lot Real [ 3-000 3-2100 0200 005000 Property 1000 12200 0100 002003 / I~ ' ~\ 1000 12200 0100 002004 Tax Service Agency I~_SMI A) 1000 12200 0100 002005 Verification ~.~/ 6 [ Satisfaction/Discharges/Release List Property Owners Mailing Address Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG TAX Dual Town Dual County -- Held for Appointment Transfer Tax Mansion Tax The property covered by this mot#age or will be improved by a one or tv family dwelling only. YES -- or NO If NO, see appropriate tax clause on page # of this instrument. 5 Communit7 Preservation Fund Consideration Amount $ CPF Tax Due $ Improved -- 8 71 Co. Name Title # Vacant Land TD TD TD TRIe Company Information COMMONWEALTH oq~o/7~3 Suffolk County Recording & Endorsement Page This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTy, NEW YORK. In the Township of In the VILLAGE or HAMLET of made by: BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PR[OR TO RECORDING OR FILING (over) SUBORDINATION AGREEMENT THIS AGREEMENT made as of the ~, ~ day of July, 2005 BETWEEN NORTH FORK BANK, with offices at 275 Broadhollow Road, Melville, New York 11747, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH: WHEREAS, the said party of the first part now owns and holds the following mortgage and the bond or note secured thereby: Mortgage dated November 20, 1992, made by Maureen M. Grippa and Paul Grippa to Home Federal Savings Bank to secure the principal sum of $150,000.00, which modgage was recorded on December 14, 1992 in Liber 18427, Page 533 in the office of the Clerk of the County of Suffolk; Mortgage dated March 27, 1998, made by Maureen M. Grippa and Paul Grippa to Home Federal Savings Bank to secure the principal sum of $13,566.26, which mortgage was recorded on September 9, 1998 in Liber 19395, Page 78; which aforementioned mortgages were consolidated, extended and modified by Agreement dated March 27, 1998, made by Maureen M. Grippa and Paul Grippa to Home Federal Savings Bank to form a single lien of $140,500.00, v' which Agreement was recorded on September 9, 1998 in Liber 19395, Page 79, which mortgages as consolidated cover premises hereinafter mentioned or a part thereof, and WHEREAS, Paul Grippa and Maureen M. Grippa, both residing at 1100 County Road 48, Mattituck, New York 11952, the present owner of the premises hereinafter mentioned and described in said mortgage is about to execute and deliver to said party of the second part, a Grant of Development Rights Easement conveying and granting an easement upon a portion of the mortgaged premises described in Schedule "A" annexed hereto; and also described in said easement; and WHEREAS, said party of the second part has refused to accept said easement unless said mortgage held by the party of the first part be subordinated in the manner hereinafter mentioned, NOW THEREFORE, in consideration of the premises and to induce said party of the second part to accept said easement and also in consideration of one dollar, paid to the party of the first part, the receipt whereof is hereby acknowledged, the said party of the first part hereby covenants and agrees with said party of the second part that said mortgage held by said party of the first part be and shall continue to be subject and subordinate in lien to the lien of said Grant of Development Rights Easement dated May 4, 2005 about to be delivered by Maureen M. Grippa and Paul Grippa to the party of the second part hereto and to be recorded in the Suffolk County Clerk's Office simultaneously herewith (the 'Easement"). The Easement consists of the limitations, agreements, covenants, use, restrictions, rights, terms, and conditions set forth therein, intended to restrict further development of the properly while permitting use of the property for agricultural production and compatible uses thereof as set forth in said Easement. IN WITNESS WHEREOF, the said party of the first part has duly executed this agreement the day and year first above written. IN PRESENCE OF: NORTH FORK BANK Title: '" /~¢p f State of New York, County of Suffolk: ss: On July ~, ¢", 2005, before me, the undersigned, personally appeared · )~,-~ ~ ~C. ~¢ I,~ ,~ ,..~ personally known to me known or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Record & Return to: Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, NY 11968 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro, Land Preservation Coordinator Date: May 4, 2005 Re: PAUL & MAUREEN M. GRIPPA to TOWN OF SOUTHOLD plo SCTM #1000-122-1-2.2 Please be advised that the Town has acquired the development rights on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: OWNERS: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 1100 County Road 48, Mattituck Paul & Maureen M. Grippa Closing took place May 4, 2005 $255,426.00 (based on 8.5142 buildable acres @ $30,000/acre) 10.5142 acres 8.5142 acres Community Preservation Funds This property is listed in the Town's Community Preservation Project Plan. The landowner left out a 2-acre reserve area from the development rights easement acreage. See attached sketch for clarification. GRIPPA to TOWN OF SOUTHOLD Development Rights Easement Closing held: May 4, 2005 Land Preservation Department From left to right: Paul Grippa Joshua Y. Horton, Town Supervisor Maureen M. Grippa 4.5 13.4Ak) 4,4 4 ?.4 XO.2 L.NJREL LAKE Z x ® File View Toolbar Help Double click to open a window File View Toolbar Help Double click I;o oPen a window 2 0 0 P H O T O S GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4,2005 Photo taken from gravel road entrance off Sound Avenue at west fencing facing westerly GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4,2005 Photo taken from gravel road entrance off Sound Avenue GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4,2005 Photo taken from gravel road entrance off Sound Avenue facing easterly woods GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4,2005 Photo taken from area of chicken coops (on left) facing in a southerly direction GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4, 2005 Photo taken from midway point of gravel road dividing property east/west facing in a northeasterly direction. Framed building shed and dirt pile. GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4,2005 Photo taken from Route 48 at northwest corner of property facing southeasterly. Graveled fenced in riding area. GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4,2005 Photo taken from Route 48 approximately 265 feet from northwest corner of property facing southwesterly from framed barn towards graveled fenced in riding area. GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4, 2005 Photo taken from Route 48 from westerly side of guardrail facing in a southwesterly direction. GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4, 2005 Photo taken from Route 48 from westerly side of guardrail facing in a southeasterly direction. GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4, 2005 Photo taken from Route 48 from northeast corner stake facing southerly. GRIPPA Property SCTM #1000-122-1-p/o 2.2 1100 County Road 48 (s/s) Mattituck May 4,2005 Photo taken from Route 48 from northeast corner stake facing westerly. A E R I A L S 2001 Aerial SCTM #1000-122-1-2.2 Premises: 1100 Rt 48, Mattituck Grippa Property +9.0 acres dev rights S U R V E Y N · =MONUMENT · --PIPE FINAL SURVEY SURVEY OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-122-01-2.2 SCAL~' 1~-60' OCTOBER 19, 2004 (C~ 48) ~, , , . ~ ~ ' ,' CERT~I~ TO' ' TOWN OF SOUTHOLD . ' ' :., ' ", ' LAND AMERICA COMMONWEAL TH , . ~, , , ~'"~ ' ~ :, ~' , ,;/,,~ , ,', : ....... ,' ~T ~ PER SEC~ 7209-SUBDI~SION 2. ALL ~RflFICATIONS 2 0 0 1 A E R I A L M A P Town of Town Public Southold oard Hearing Town Development Rights Purchase Map Prepared by Town of Southo~d G~S September 8, 2004 Town of Town Public Southo d oard Hearing Rights Purchase Protected Lands Protected Land ~ap Prepared by TOw~ Of 13, 2004 SCTM# Grippa