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HomeMy WebLinkAboutP&E LLC1000-120-3-11.16 (f/k/a 1000-120-3-p/o 11.11) Baseline Documentation Premises: 5655 Aldrich Lane Laurel, New York 18.3780 acres Development Rights Easement P & E, LLC to TOWN OF SOUTHOLD Easement dated August 31, 2009 Recorded October 15, 2009 Suffolk County Clerk - Liber D00012603, Page 145 SCTM #: Premises: 1000-120-3-11.16 (f/k/a 1000-120-3-p/o 11.11) 5655 Aldrich Lane Hamlet: Laurel Purchase Price: Funding: $1,082,659.50 (16.6563 buildable acres $65,000/acre) Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 22.1659 acres Development Rights: 18.3780 easement acres (includes 1.7217 acre subdivision open space requirement excluded from purchase price) Reserved Area: Zoned: 3.7879 acres (n/k/a 1000-120-3-11.15) A-C Existing Improvements: In August 2009 - Earth road running along northwesterly boundary line; and frame pump house, metal storage trailer and concrete pad with gas tank located midway along northwesterly boundary line A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, Januan/20, 2009 at 7:00 p m Members Present: Members Absent: Aisc present: John Sepenoski, Chairman Ray Huntington Chris Baiz Lillian Ball Maureen Cullinane Monica Harbes and Eric Keil were not in attendance due to conflict of interest with several projects being discussed during this meeting Melissa Spiro, Land Preservation Coordinator Al Krupski, Town Board Liaison (8:30 p.m ) P&E, LLC (Peter Harbes) PROPERTY SCTM #: Location: Total Acreage: CPF: 1000-120-3-11.11 PDR Acreage: -+17 acres 5655 Aldrich Lane, Mattituck Zoned: A-C +22.166 acres Subdividable: Yes Yes Appraisal reviewed [executive session] Appraisal reviewed and discussed by Land Preservation Committee MOTION made by John Sepenoski, seconded by Lillian Ball, to authorize Melissa Spiro, Land Preservation Coordinator, to present an offer based on a discussed price per buildable acre for the purchase of a development rights easement on agricultural land owned by P&E, LLC (Peter Harbes) The Committee's offer does not restrict the placement or allowance of future agricultural structures within the easement area. The purpose of the acquisition is for farmland protection and scenic protection This o~fer is subject to approval by the Town Board after a Town Board public hearing on the proiect. Motion carried: 5t0 / P R 0 P E R T Y V I S U A L S Location: Size and Shape: Soil Condition And Topography: Easements and Encroachments: Utilities: Ingress and Egress: Flood Zone: SITE DESCRIPTION The subject site is located on the westerly side of Aldrich Lane approximately 1,201 feet south of Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. The subject property has total land area of 17.7± acres and is a rectangular shaped parcel. As per the Planning Department of the Town of Southold, the parcel will have at least 50 feet of frontage remaining on Aldrich Lane. The site has an average depth approximately 1,356 feet. The subject property lies within the A-C (Agricultural Conservation) zoning district of the Town of Southold. The site is level and covered with crops. Soil conditions are assumed to adequately support the existing improvement. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. No easements of an adverse nature were indicated and none are assumed to exist, other than normal utility easements. Utilities are available at the site. Street maintenance, police and fire protection area are provided by the Town of Southold. Gas and electric are provided by the Long Island Power Authority. Currently, access to the site is via Aldrich Lane. The subject property lies in the X flood zone - An area that is determined to be outside the 1% and 0.2% annual chance flood plains according to the flood map # 36103C0143G dated 5/4/1998. BRUNSWICK APPRAISAL CORP. I 1 INTRODUCTION I I I I I I I AERIAL VIEW OF SUBJECT PROPERTY I I I I I I I I BRUNSWICK APPRAISAL CORP. I ~TRODUCTION PHOTOGRAPH OF SUBJECT PROPERTY Facing northweSt at subject property Facing north at subject property BRUNSWICK APPRAISAL CORP. I ~TRODUCTION 3 I I I I ! I ! I ! I I Facing south on Aldrich Road Facing north on Aldrich Road BRUNSWICK APPRAISAL CORP. I I I I I I I I 1 ! I ! ,,. INTRODUCTION TAX MAP 18 I BRUNSWICK APPRAISAL CORP. E N V I R O N M E N T A L S U M M A R Y 88/25/2889 08:40 Aug. 24, 2009 12:34PM 6312986371 I~VID ROSE PAGE 01/82 Mil I FR E~~AL ~'i~. PAGE ~ OF / ,,, CUENT CODE: BILLIN~ ADDRE~: ........ PO#: PHONE: JOB OESC~PTION: L~/.,'/"/O ~'~ a~.,.._/4r~] .,~/S ~3,'~,~c S~EVICE CODD EQUIPMENT ....... ,¢~:,..,~......~ # ~. . .... PERSONNEL __ HRS ~ PUECHASED ffEMS: ~, SUBCONIRAC'TO~: HRS PPE SfARTTIME: MEALS: ..... SUBSISteNCE: Cl~MER REI~I~A~I~ % :[48692 88/25/2889 88:48 6312986371 Au~,24. 2OO~ 12:~P~ DAVID ROSE PAGE ~o. 075~ ~. 2/2 02/02 WASTE INFORMATION ~B12012O09 ^~,~0. 200~ 15:88 6312986371 DAVID ROSE 2:'09P~1 MILLER ENVIRONMENTAL OORPORATE HEADQUARTERS 538 Edwerde Avenue, Calve~ort, NY 11933 631-369-4900. Fax 631-369-4909. PAGE 01/03 No. 0724 ?. 4 GROUPINc. Auguat20~2009 Miller E#ri~onmemal Gro~, I#,'- (Jt~G) ia pleased to provide the following propo~ to provide mm~ponation, manife~ing and dil!posal of a total of 3,55 gallon drums of oti contaminated soil waste. /dEC will supply a drivez to piok up the drams from the olicnt. MEG will supply a ddv~ with the m~essary fia~t=fials md equipment to label, manifnt waste to an approved TSDF. Th= ~ast for the services is $3~0.00 leer pie. k up and does not include the cost per drum for disposal. TI~ aiaposal mst is as follows: D' salofdrams - - $140_00/dmm A signed Authori?~ion-to-ProcoM ilad fill[ payr~tt will b~ requil~t prior to c0mmolle.~'Ill~;at of work. Final tnvotc~ will indudo MEG's oummt S°A fael surc3arg~ on cqttipment and mat, fial~ only. Your final invoi~ will rett~ot all disposal e. hargaa md any applicable sales tax. If you have any fmther qun~ions or co~ments, please feel bee to eorttaet me directly at 631-369-4900, ext. 220. Sin~ely, Ni=ol= M. Pepe · LI-M*lro NY Olmatlom 105 South Albany Road, SeMtk, NY 12158' (518) 767-0285 ' Fax (518) 767-0289 t~0 8harna= O~e, weae, u~?. NY 1~ 5~o. (Sle) 5Te-7940 · Fax (516) 8?6-7'946 169 Stone Castle Road, Rock Tavern, NY 12575. tS45) s~-I ~QO · Fax (1145) 569-1 ~ 4S16 Newgate Avenue, Baltimore, MD 21224 · [410) 831-9'193 - FaX (410)63~ .91~7 105 Rive~iew Drk, e, PO BOx 365, ~ulsboro, NJ 08{11~i · (~} 224.q ~0 - Fa~ {856) 224-1113 40 ~ Drive, Smyrna, DE 19977 · (302) 653.0333. Fax (302) ~,53-0334 08/20/2009 15:08 6312986371 DAVID ROSE PAGE 82/03 -- ~O.~IIl r. I 7. ~ ~s m~ e NY~DEC fCB wa~- Lis~ gl EPA~I~ ~ ~w~ co,cs Y~s ,~ No ~ Ye~ 1,i% Aug, 20. 2009 2:44PM No. 0727 P. 2 ,Odor ~ ~ ~ ~ ~.~ gO.~l.6 ~>1.0 ~d DAVID ROSE 1TI Or~l~ Bc~,=_~F.=~,l~,~ D.-~..' J Other Components (m~,/l~) ]L~n~q are iecepUble [~["Land l)Jq)o~ Restriefion~ ~ Pet~Mylvsmia Fadlit7 Speeffie ~orltlattan (to be campl~ oo]~,if,,w~c Is ~tes',lned fo~ a'~ t~ PA.) Phase I Environmental Site Assessment P&E, LLC Property 1 ._.QO SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The overall property is a 22.2-acre parcel of agricultural land. This report addresses the 18.38 acres from which the Town is purchasing the Development Rights. The subject property is located at 5655 Aldrich Lane, approximately 1,201 feet south of Sound Avenue. The property is more particularly described as Suffolk County Tax Map # 1000-120-3-11.11. The subject property is utilized as farmland. A dirt access road from Aldrich Lane is located on the north property boundary and provides access to the irrigation well pump house. The majority of the farmland is planted with pumpkins, strawberries and dahlias. The area to the south of the irrigation well pump house is fallow land. Piles of unused, metal irrigation pipes are located to the east and west of the pump house. Two (2) piles of lime are also located to the west of the pump house. An inspection of the irrigation well pump house revealed a single wellhead with an old engine connected to nm the pump. The engine is mounted on a poured concrete block which is significantly stained and has small pools of oil located on the top of the block. As a result, the staining has nm down the side of the block and caused two (2) small areas of staining on the east and west sides of the engine mounting block. Two (2) other small areas of oil staining were observed off the southeast comer of the irrigation shed. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1957, 1969, 1976, 1980, 1994, and 2004 were reviewed in order to determine if any prior uses occupied the subject property. This review revealed the subject property was utilized as farmland in all of the aerials. An extensive government records search found no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in the vicinity of the subject property. An active spill located within one (1.0) mile of the subject property is not expected to impact the subject property. Two (2) CLEARS study sites were identified in proximity to the site; however, none are expected to adversely impact the site. P&E, LLC ProperS, Ma~tuck Phase In conclusion, this assessment has revealed evidence of the following recognized environmental condition in connection with the subject property, subject to the methodology and limitations of this report. The NYSDEC Spill Hotline should be contacted by the property owner in order to report a spill. The stained soils in the vicinity of the irrigation well pump engine should then be remediated under the auspices of NYSDEC personnel and the spill file closed. Page 2 of 24 m m mm mm mm m m mm mmm P&E Property, NP&V #09103 m Looking west t'rom Aldrich kane Piles of lime on west side of pump house Access road located on the northern property boundary Irrigation well pump house I 1 P&E Property, NP&Y//09103 Irrigation pipes Staining on south side of pump house Looking east from pump house Staining on engine mount P&E Property, Laurel NP&V #09103 500 gallon AST on west side of irrigation welt pump house FZGURE I p & E, LLC Property LOCATION MAP Laurel Source: DeLorme Street Atlas Scale: NTS ~ Phase I ESA 1 l i I I i FI'GURE 2 AERZAL PHOTOGRAPH P & E, LLC Property Laurel Source: NYSGIS Orthoimagery, 2007 Scale: 1"=200' Phase ir ESA FZGURE 3 LAND USE MAP NORTH P & E~ LLC Property Laurel Source: NYSGIS Orthoimagery, 2007 1 Scale: 1"=700' ~ Phase ! ESA FZGURE 4 ZONTNG MAP Source: Town of Southold Zoning Map ;eale: 1" ~ 700' RGEN NORTH P & E, LLC Property Laurel Phase ! ESA X qaB/ tiaA Rd B RdB PrnC3 ' HaA FIGURE 5 SOILS MAP Source: Suffolk County Soil Survey Scale: 1" = 700' NORTH P & E, LLC Property Laurel Phase ! ESA I I I I ! I i I ! ! ! I I FIGURE 6 P & E, LLC Property TOPOGRAHIC MAP Laurel NORTH Source: USGS Topographic Quadrangle, Mattituck Scale: 1" :~ 1,000' + Phase I ESA I I I I I I I I I I ! I I I I FTGURE 7 p & E, LLC Property ~~ WATER TABLE CONTOUR MAP Laurel s,~ ~:~ ....... -~, · Source: USGS Water Resources Investigation Report, NORTH 2009 + Scale: i" = 8,oo0' Phase T ESA I I I I I I I I® I I I FZGURE 8 WATER MAZN MAP Source: SCWA Distribution Map, 2007 NORTH Scale: NTS + P & E, LLC Property Laurel Phase Z ESA FZGURE 9 FRESHWATER WETLANDS MAP Source: NYSDEC Freshwater Wetlands Map, Mattituck NORTIt__ Scale: 1"= 1,000' ~ Phase Z ESA L Toxi~ Targeting 1 Mile Radius Map P + F, LLC Property Laurel, NY 11948 .~ National Pdodty List (NPL) Inactive Hazardous Waste QDisposal Registry Site Site Location Border Radius Radius Suffolk County Waterbody Tracks Radius' 1/16 !/8 1/4 Distance in Miles Toxi~ Targeting 1/2 Mile Radius Map P + E, LLC Property Laurel, NY 11948 E~ CERCLIS Super'fund Non-NFRAP Site Suffolk County ODelisted NPL Site [:~ CERCLIS Su[:~rfund NFRAP Site Hazardous Substance O Waste Disposal Site [~ Solid Waste Facility © . i;7 Location Waterbody Railroad Tracks 1/2 Mile Radius 1/~ Mile Radius I' / % \ · P +.E, LLC Prop(~ Toxics Targeting 1/4 Mile Radius Map P + E, LLC Property Laurel, NY 11948 N Suffolk County Major Oil ~ Storage Facility Chemical Storage Facility Toxic ~ Release Wastowater V Discharge ~[~ Docket Facility ~ Air Petroleum Sulk · Storage Facility Hazardous Waste [] Generator, Transp. Location County Border Radius Waterbody Tracks Radtus 0 1/8 1/4 Distance in Miles .P+E;LL( i Toxi~ Targeting 1/4 Mile Closeup Map P + E, LLC Property Laurel, NY 11948 N w+, Suffolk County "~~tti(O~g~Ll~ri'Odty 0 Oelisted NPL Site ** C[RCLIS N. FRAP Site Inactive Hazardous Waste Inact. Haz Waste Disp, QDispoSal Registry Site * J~ Regis~yOua~ifying * Hazardous Waste Treater, [] Store¢, Disposer *' [] RCRACorrective Action Facility * Hazardous Substance K--~ Solid Waste ~ Waste Disposal Site ** J~ FacJlity - Major Oil ~ Storage Facility (~ Brownfields ~]~ J3ocketFactiity **' I~ Generator, Transp, °** Site Location ~j~ Waterbody County I , , ~ ~ Railroad Border Tracks 1/4 Mile 1/8 Mile Radius Radius *' 1/2 Mile Searc~ Radius 1/8 1/4 °*' 1/4 Mile Search Radius Distance in Miles P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of June 30, 2009 RESOLUTION 2009-564 ADOPTED Item # 5.25 DOC ID: 5117 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-564 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2009-541 by changing the public hearing datg and time to July 14, 2009 at 7:32 p.m.: "RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ 2une 2~ July 14~ 2009 at ~:~a2 p.m.7:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase ora development rights easement on property owned by P&E LLC. Said property is identified as part of SCTM # 1000-120.-3-11.11: The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting Of approximately 184- acres (subject to survey) of the 22.174- acre parcel." The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $65,000 (sixty-five ~ousand dollars) per buildable acre for the 184- acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its operi space agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed-description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business Generated July 1, 2009 Page 29 Southold Town Board - Letter Board Meeting of June 30, 2009 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANZMOUS] MOVER: AlberL Krupski Jr., Councilman SECOfl DER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russel Generated July 1, 2009 Page 30 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 14~ 2009 at 7:32 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 property, owned by P&E LLC. Said property is identified as part of SCTM #1000-120.- 3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 184- acres (subject to survey) of the 22.174- acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 184- acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural and aquifer recharge area values; and 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 Aimex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: July 30, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING July 14, 2009 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:58 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 14~ 2009 at 7:32 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 property owned by P&E LLC. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 184- acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was published as a legal in the local newspaper and it has also appeared on the Town Clerk's bulletin board outside. We have already reviewed the environmental, taken the environmental resolution a few minutes ago. P & E LLC Development Rights Easement Public Hearing 2 July 14, 2009 SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. This heating, as Councilman Wickham said, is for the town to purchase development rights easement for aghcultural purposes on approximately 18 acres of the 22 acre farm. The landowner, Peter Harbes, is a third generation farmer. The farm contains prime agricultural soils and is adjacent to and in the vicinity of other active farms. The landowner is a repeat development rights seller, having sold in 2006 the development rights easement on 35 acres to the town on a farm he owns directly to the south to this farm. The negotiated purchase price is $65,000 per acre and that is in accordance of an appraisal which was completed for the property. The purchase will be funded with Community Preservation funds and a closing is expected hopefully by the end of August. The landowner is reserving from the easement an area approximately 4 acres fronting on Aldrich Lane, he is before the Planning Board for something called an open development subdivision for three residential lots within the area reserved from the easement. The open development subdivision is a subdivision meeting the requirements of a conservation subdivision whereby the landowner goes before the Planning Board for sketch plan approval now and he goes before the Town Board for the approval for the right to seek future approval of the creation of lots, in this case, the three lots and he completes the preservation, again in this case, 18 acres now. So it basically is a way to preserve at least 80% of the property now and for the landowner to seek final approval for the lots in accordance with the conservation subdivision regulations in the future. The Planning Board and the Town Board will each be holding hearings pertaining to the open development subdivision. The Land Preservation Committee and I all support this purchase and we recommend that the Town Board proceed with acquiring the easement. Of course, I need to note that the town cannot pursue our preservation eftbrts without the landowners and we thank Peter Harbes, who is not here tonight, for this opportunity to preserve another farm. As noted, the funding will come from the Community Preservation Fund and I would like to take this opportunity to note that the Community Preservation Fund, commonly known as the 2 % transfer tax, is a dedicated fund for preservation purposes. The purposes of the fund are to exclusively implement the Community Preservation Project Plan to acquire interests or rights in property for the preservation of our communities character, to establish a transfer of development rights bank if we have a transfer of development rights program and to provide for management and stewardship of the rights and interests acquired with the Community Preservation Fund. And funds from the Community Preservation Fund cannot be transferred to any other account for any other purpose. Thanks. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anyone else like to come up and address the Town Board on this particular acquisition? Mr. Harris. P & E LLC Development Rights Easement Public Hearing 3 July 14, 2009 PETER HARRIS: I have one question. This subdivision, is this for family members only or is this building lots that they can turn around and sell privately? MS. SPIRO: Pete, this isn't a hearing on the subdivision. That will be before the Planning Board but there are no requirements as to who the lots can be sold to. There is nothing in the conservation subdivision regulations. MR. HARRIS: Okay. I am just, you know, sitting back there trying to do the math and the amount of money we are pay/ng out and then possible three or four lot subdivision that they can put in, Melissa? MS. SPIRO: Yes. On a 22 acre farm. COUNCILMAN WICKHAM: Pete, in effect, that area has been reserved and is not part of what the town is buying. That portion is not part of the project. MR. HARRIS: Okay. COUNCILMAN WICKHAM: It is like when somebody goes in, they reserve certain part of the property and is not putting it into the program. MR. HARRIS: Okay. I am just, from my perspective, it is like a double edge sword. You know. We are paying for the development rights and then we are turning around and holding off part that we can put out to make a substantial gain. So that is, it just seems like... MS. SPIRO: Just so I can address that, the landowner has a 22 acre parcel that is zoned two acres. So he has the right to a lot more than three lots. The three lots are in conformance with a conservation subdivision which requires a minimum preservation of 80% and allows a, you need to reduce your density by 60%, so his density actually is reduced by more than 60% overall on that whole piece. So he is well within the conservation subdivision requirements. So what we are buying on our easement, we are extinguishing those rights and he is retaining his rights on the acreage he is leaving behind. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular acquisition? (No response) This hearing was closed at 8:05 PM Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting of July 14, 2009 RESOLUTION 2009-609 ADOPTED Item # 5.29 DOC ID: 5100 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-609 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2009: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by P&E LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development fights easement on a part of the property consisting of approximately 18:}: acres (subject to survey) of the 22.17± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs; 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. Seq.; 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 RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski ~lr., Wickham, Evans, Russell Page 35 Generated July 16, 2009 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Pm~ect Sponsor) 1. APPLICAI~Fr/SPONSOR J2. PROJECT NAME ~:~.~,~ ~*C-*='~.~n,~;31~'¢~1~¢,~I-~ ~1~ 3. PROJECT LOCATION: Munidpality SO ~."~ ~,% County 4. PRECISE L~ATION (S~et address and ~oad inteme~ions, prominent landman, etc., or pro~de map) ~ ~ Io~ - 12o - ~ - J~ .~ I 5. PROPOSEDACTION IS: ~)New ' [] Expansion [] Modificafion/alteralion 7. AMOUNTOF !../~D ~[FECTED: Initially t ~ acres Ultimately /O~Cf~' acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If No, describe bflefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Des~:Resldenfia, [] Industda, [] Commercial ~Agriculture [] Park/Forest/Open Space [] Othe~' 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ No If Yes, list ~gency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODiFiCATiON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ! Applicant/sponsorname: ~.~_ ~?lO~ /,*~"~'~. C~a~,~:~, Date: Signature: ~ ~ ' -- If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Fo,ri before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT {To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. pART 617.47 If yes. coordinate the review process and use the FULL FAF. [~es UNo B. V~qLLACTiON RECEiVECOORDiNATEDREVIEVVASPROVIDEDFORUNLISTEDACTIONSlN6NYCRR. PART617'67 IfNo, anegafive declamtioo may be superseded by another involved agency. I--lYe, C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: [Ark~wers may be handwritten, if legible) C1. Existing air quality, surface or gmrmdwater quality or quantity, noLse levels, existing traffic pattern, solid waste production or d!sposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic. agricultural, archaeological historic, or other natural or cultural msourcas; or community or neighborhood character? Ex~lain bdefiy: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or end.angered species? Explain bdefly: C4, A community's existing p~3ns or goals as officially a~optsd, or a change in use or intensity of use of land or other natural resources? Explain bdefly;~ C5. Growth. subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term. short term. cumulative, or other effects not identi~ed in C1-C57 Explain briefly: C7. Other impacts 0nc~uding changes in use of either quanti[y or type of energy)? Explain bdefiy: WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACq'ERISTICS THAT CAUSED THE ESTABLISHMC-~.'T OF A CRITICAL ENVIRONMENTAL AREA (CFA)? [] Yes [~o If Yes. explain briefly: F_ IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO pOTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~No If Yes. explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) . . . . . . INSTRUCTIONS: For each adveme effect identified above, determine whether it ~s substantial, large, ~mportant or othenwse significant. Each effec~ should be assessed in connection with its (a) seffing (i.e. urban or rural); (b) probsbifit'~ of occurring; (c) duration; (d) irreversibility; (e) geographic sCOpe; and (f) magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been identified and adequately eddmssed. If question D of Pa.rt I! was checked yes, the dete.~;.a[;on of significance must evaluate thp potential impact of the proposed action orr the environmental characteristics of the CEA ] Checkthisb~xify~uhaveiden~ed~ne~rm~repetentia~y~arge~rs~gn~cantadveme~mpactswh~chMAY~ccar~ThehP'~edd~mc~yt~theFU I FAF and/or prepare a posifi~,~ declaration. ~[~ Check this pex if you have determined, bssed on the informat~°n and anatys~s ab°ye and any supp°rting d°cumentah°n' that the propesed acti°n WIL ~IOT result in any significant adverse ei~vironmental Impacts AND promde, on attachments as necossa~y, the reasons supporting this determination )f Lead Agency in Lead Agency Date Title of Responsible Officer P U R C H A S E R E S O L U T I O N RESOLUTION 2009-610 ADOPTED DOC ID: 5101 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-610 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2009: WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of a development fights easement on a certain parcel of property owned by P&E LLC on the 14th day of July, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; 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 agricultural and acquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Commun~ty Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it Resolution 2009-610 Board Meeting of July 14, 2009 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by P&E LLC pursuant to the provisions of Chapter 17 (Communi~. Preservation Fund) and Chapter 70 (A~ricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The development fights easement comprises a part of the property consisting of approximately 18q- acres (subject to survey) of the 22.17± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wi&ham, Evans, Russell Updated: 7/14/2009 3:37 PM by Lynda Rudder Page 2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Ma/n Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator ~1 Date: June 16, 2009 Re: Purchase of a development rights easement on property owned by P&E LLC Location: 5655 Aldrich Lane. SCTM# 1000-120.-3-11.11. Zoning District A-C The proposed action is for the acquisition of a development rights easement on a part of the property consisting of approximately 18+ acres (subject to survey) of the 22.17± acre parcel. The action has been reviewed'to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc; Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator JUL 1 7 2009 DEPT. OF LAND PRESERVATION 0 P E N D E V E L O P M E N T A R E A Southold TOwn Board - Letter .......... B0a/d'Meetfng Of Augus 25, 2009 ' RESOLUTION 2009-731 ADOPTED Item # 5.24 DOC ID: 5253 THIS IS TO CERTIFY THAT THE FOLLO'VVING RESOLUTION NO. 2009-731 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTItOLD TOWN BOARD ON AUGUST 25, 2009: WHEREAS, on August 10, 2009 the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 for a Conservation Subdivision pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P & E, LLC to establish an open development area pursuant to Chapter 240 of the Town code on property il:lentified as part of SCTM #1000-120-3-11.11 and located in the A-C zoning district; and WHEREAS, the requested Open Development Area is located on 3.78 acres of the 22.17 +/- acre parcel with the Open Development Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement; and WItEREAS, on August 11, 2009 the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for August 25, 2009; and WHEREAS, on August 25, 2009, the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore be it RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and it is further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area for P&E, LLC on the map prepared by Howard W. Generated August 27, 2009 Page 61 ............ S0uthotd~Town Board - Letter' ~' .--~.-:' ' Board Meeting of August 25, 2009 · Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 subject to the following conditions: 1. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. 2. Submission and recording with the Suffolk County Clerk of covenants and restrictions on the Open Development area containing the following provisions: a. The establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. The buffer shall be comprised of evergreen plants of such type, height, spacing and arrangement as will effectively screen the activity on the lot from the agricultural area. As a minimum, the planting,shall consist of a double row of trees 6 feet in height planted at intervals of 10 feet on center. b. All landscaped areas shall contain indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. c. All driveways shall be constructed of a pervious material. d. Installation of gutters, leader and drywells. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board of the Town of Southold has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 27, 2009 Page 62 Southold Town Board - Letter Board Meeting of August 11, 2009 RESOLUTION 2009-697 ADOPTED Item # 5.22 DOC ID: 5224 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-697 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2009: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a conservation subdivision on August 10, 2009, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P&E, LLC to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E~ LLC to establish open development area as complete, and hereby sets Tuesda.y~ August 25~ 2009~ at 4:32 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New Yorlq as the time and place for a public hearing for the establishment of an open development area on property owned by P&E~ LLC, said property is identified as part of SCTM #1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17+ acre parcel. The open development area consists of three lots of approximately 1.26+acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Generated August 17, 2009 Page 29 Southold Town Board - Letter Board Meeting of August 11, 2009 Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. ~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANTMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Page 30 Generated August 17, 2009 PLAI~NING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMEP~ KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: From: Re: Elizabeth A. Neville, Town Clerk Heather Lanza, Town Planning Director Petition Request for Open Development Area of P & E, LLC c/o Peter Harbes, Aldrich Lane, Laurel, NY SCTM# 1000-120-03-11.11 Date: August 11, 2009 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O/~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 AUG 11 2OO9 DEPT. OF LAND PRESERVATION As per your request of August 3, 2009, attached please find a copy of the August 10, 2009 Planning Board Resolution granting Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 29, 2009, for the proposed Conservation Subdivision of P & E, LLC c/o Peter Harbes. The Planning Board has carefully reviewed the petition submitted by the applicant to the Town Board requesting the creation of an Open Development Area and finds the petition to be complete and correct. The Planning Board would like to note, however, that although Southold Town Code Article VIII - Open Development Area, §240-28 (C) requires the following to be submitted to the Town Clerk's Office prior to the creation of an Open Development Area: "An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board", an executed contract for the Sale of Development Rights on 18.37 acres exists and is on file with the Town of Southold Land Preservation Department. The Planning Board recommends that the Town Board consider that their approval to create an Open Development Area for P & E, LLC, c/o Peter Harbes be conditioned upon the following: P & E, LLC/Harbes Page Two August I 1, 2009 The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. The Planning Board further recommends that the Town Board consider placing Covenants and Restrictions upon the Open Development Area based upon the Town of Southold's LWRP recommendations, which are listed below: To minimize use conflicts, in lieu of 3~ 161-44 - StreetTtrees. and 3~ 240-49 - Clearing Requirements of the Southold Town Code, consider the establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. a. B is recommended that the buffer be comPrised of evergreen plants of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from the agricultural area. At a minimum, the planting shall consist o fa double row of trees 6feet in height planted at intervals of l0 feet on center. To further Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: a. Require that all landscaped areas use indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. b. Require that all driveways be constructed of a pervious material to minimize storm water impacts. c. Require the installation of gutters, leader and drywells to minimize storm water impacts Thank you. PLANNING BOARD MEMBERS MARTISXl H. SIDOR Chair WILLIAM J. CRE1VI~RS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND August 11, 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Sketch Approval: Proposed Conservation. Subdivision for Peter Harbes Located at 5645 Aldrich Lane, Laurel SCTM#:1000-120,3-11.11 Zoning District: A-C Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 10, 2009: The public hearing was closed. WHEREAS, this proposed conservation subdivision is to subdivide a 22.1659 acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 square feet), Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800 square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which The Town of Southold will purchase the Development Rights in August 2009 for the purpose of farmland preservation; and WHEREAS, an application for sketch approval was submitted on June 26, 2009, including the sketch plan prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised July 2, 2009; and WHEREAS, on July 6, 2009, the Southold Town Planning Board, reviewed and accepted the application for formal review; and WHEREAS, this proposed conservation subdivision has 74,998 square feet of clustered conservation open space located within Lot 4 "Agricultural Preserve" which shall remain unbuildabte pursuant to Southold Town Code {}240-42; and WHEREAS, on July 8, 2009, referrals were sent to the following agencies for comment on the above-referenced project: Peter Harbes PaRe Two August 11, 2009 · Town of Southold Engineer · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; and WHEREAS, on August 6, 2009, Suffolk County Planning submitted their comments and approved the above-referenced application; and WHEREAS, on August 6, 2009, the Southold Town LWRP Coordinator submitted comments on the above-referenced application; and WHEREAS, on August 6, 2009, the Southold Town Engineer submitted comments on the above-referenced application; and WHEREAS, those comments have been considered and accepted by the Southold Town Planning Board and have been incorporated into the sketch plan for the above- referenced application; and WHEREAS, the submitted application meets all of the requirements for sketch approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 29, 2009. Sketch Plan Approval is valid for six months from the date of issuance, unless extended by resolution of the Planning Board. If you have any questions regarding the above, please, contact this office. Very truly yours, Martin H. Sidor Chairman 88/86/2889 18:37 631-853-4844 S C PLANING DEPT PAGE COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECuTIVE DEPARTMENT OF PLANNING Town of $outhold Planning Board Office PO Box l 179 Southold, New York 11971 Att: I~. Tamara S. Sadaoo, Planner Dear Ms. Sedaoo: August 5, 2009 Re: Application of"petor Harbe~,+ SCTM No.: 1000 12000 0300 011011 SC'PC File No.: $-$D-09-06 THOMAS A, ISLES, A,I.C.P. · DIRECTOR OF PL^NNING Pursuant to the requirements of Sections A 14-24 of the Suffolk Couoty Administrative Code, the Suffolk Couuty Planning Commission on August 5. 2009 r~viewed the above captioned application sad al~r due study and delectation resolved to Approve it subject ~o the following comments; Commen~s: Proposed lots l, 2, ] which ar~ adjacent to cultivated farmlands should be designed to ensure non- inteffero~oe with the ~ricultural use of the adjoining tracts and to avoid conflicts between thc farmer and eccupant~ and visiter~ of no~-farmland areas. All prospective owners of land proposed for development adjaCent to an active fro-m, or w~hin $ O0 feet of farm~ within a N.Y.$ Agricutim'al Distrk, t, should be informed by means of an advisory Covenant and a no~o on the development map, of the Ioc~ion of the active farmland and that edjaceut occupants may be subject to the noise, dus~ odors and spraying applications normally asseciatod with agricultural activities. An easement should be placed on proposed lot 4 rastri~ing the use to open spae~ or agrtouRural use. ' · . Th~s should be done to msum tha~ them ~s no futura commercial or residential development on land designated fei' ¢ons~rvafi6n. The propped gr~hous~ should be coustruet~d and maintained in a way that insures that storm water runoffremains 6a site and does not cause farmland orosiom The proposed grecnhouses? height, color, reflectivity and orientation should be cerefully considered to reduce the visual impacts and protect existing vi~csheds. J AiJG - 6 &Og V~], truly yours, Thebans A. Isles Director of Planning o~h~ H. Corr~ Planner MAII.,JNG ADDRI~88 P. O, BOX 6100 HAUPPAU~E. NY 11788-a099 (&31) 853-S190 TELECOPIER (831) 853-4044 08/06/2009 10:37 631-853-4044 S C PL~NIh~ DE~T PA~ 03 File No. S-8D-09-06 WHEREAS, RESOLVED, Resolution No. ZSR-36 of the Suffolk County Planning Commission Pursuant }o ' SectJons A 14-24 o£th¢ Suffolk County Administrative Code W/qEREAS, pursuant t° Secti°ns A 14'24 ofth¢ Suffolk County Administrative Code, aprgposed subdivision · , was received at the officosofthe Suffolk County Planning Commission on July .14, 2009, with respect to the application of"Peter Harbes" on land situated on the west side of Aldrich Lane and approximately 1200 feet south of Sound Ave said application was considered by the Suffolk County Planning Commission at its meeting on August 5, 2009 and now therefore, Be it Approval with the following commcots: Proposed lots 1, 2, 3 which are adjacent to cultivated farmlands should be designed to ensure non-interference with the agricultural use of the adjoining tracts and to avoid conflicts between the farmer and occupants and visitors ofnon-furmlaud areas. All prospective owners of land proposed for development adjacent to au active farm, or within 500 feet of farms within a N.Y.S Agricultural District, should be informed by means of an advisory covenant and a note on the development map, of the location of the active, farmland and that adjacent occupants may be subject to the noise, dust, odors and spraying applications normally associated with agricultural activities. An easement should be placed on proposed lot 4 restricting the use to open space 'or agricultural use. This should be done to insure that there is no future commercial or residential development on land designated for conservation. The proposed greenhouses should be constructed and maintained in a way that insures that storm water runoff remains on site and does not cause farmland erosion. The proposed greenhouses' he/ght, color, re£1cctivity and orientation should be carefully considered to reduce the visua/impacts and protect existing viewsheds Motion by: Commissioner Braun Commission Vote: Present - 9 Seconded by: Commissioner Me. Adam Ayes - 9 Nays - 0 Abstentions - 0 N This Is to certify thll~ has been aPProved b~ the South_old Town Resolu~ Sup*bTgf'sor, T~w[~ qf ~o~thold, FEB 1 8 DFPT OF LA~D PRESERVATION J ¢ITt~ DATA TOTAL A~.EA = 22,1&Sq AC, P-..E5 ~O/&O ¢ON5E~VATION 5UBDIVIDION EN~INE~=P-,'5 CERTIFICATION .GUP. V~"r'OR.'5 ~,~:~.TIFI~ATION 5<ET~.H PLAN ~cord O~ ~v1¢1o~¢ C L 0 S I N G S T A T E M E N T CLOSING STATEMENT P&E LLC to TOWN OF SOUTHOLD Total Development Rights Easement - 18.3780 acres Total Parcel Acreage - 22.1659 acres Reserved Area - 3.7879 acres Subdivision Open Space Requirement- 1.7217 acres Premises: 5665 Aldrich Lane, Laurel Part of SCTM #1000-120.-3-11.11 Closing took place on Monday, August 31, 2009 at 2:00 p.m., Southold Town Hall Annex Purchase Price of $1,082,659.50 (based upon 16.6563 buildable acres $65,000/buildable acre) disbursed as follows: Payable to Asset Preservation Inc. Check #102237 (8131109) $ 390,000.50 Payable to First Pioneer Farm Credit Check #102239 (8/31/09) $ 642,659.00 Payable to Peter Harbes Check #102240 (8/31/09) $ 50,000.00 Expenses of Closing: Appraisal Payable to Brunswick Appraisal Corp. Check #99440 (1/20/09) $ 2,500.00 Survey Payable to Young & Young Check #102376 (9/8/09) $ 3,200.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #101979 (8/11/09) $ 1,075.00 Title Report Payable to Stewart Title Insurance Company Check #102241 (8131109) Title insurance policy $ 4811.00 Recording easement $ 275.00 Certified Copy $ 50.00 $ 5,136.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #102238 (8131/09) $ 100.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Peter Harbes Charles R. Cuddy, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TO WN OF SO UTHOLD 003643 ASSE~ PRESERVATION INC. FUND & ACCOUNT P.O. ~ INVOICE H2 .8686,2.~00,000 q8/3~/2oo9 CHECK TBR610 083109 DESCRIPTION DEV RIGHTS-16.65 ACRES TOT.n~L ~ AMOUNT 390,000.50 390,000.50 TOWN OF SOUTHOLD VENDOR 006331 FIRST PIONEER FARM CREDIT 08/31/2009 CHECK 102239 & ACCOUNT P.O. ~ INVOICE i DESCRIPTION AMOUNT H2 .8686.2.000,000 TBR61D 083109 DEV RIGHTS-16.65 ACRES TOTAL 642,659.00 642,659.00 TOWN OF SOUTHOLD VENDOR 007943 PETER HARBES 08/31/2009 CHECK 102240 FUND & ACcouNT P.O.~ INVOICE /H~ .8686.2.000.000/, TBR610~,083109 ,~ DESCRIPTION bEV RIGHTS~16.65 ACRES AMOUNT ~0,000.00 TOTAL 50,000.00 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Slree% Suite 8 HUNTINGTON, NEW YORK 11743 (631) 421-2344 FAX (631) 424-9246 E-Mail: Bmnswickappra'~qco~MSN.eom Sanford S. Brunswick Elinor Bnmswick, MAI State Certified General Appraisers Annand Bnmswick, MAI 1881-1960 January 9, 2009 Town of Southold Deparlment of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator Development Rights Easement Acquisition P & E, LLC Prope~y Tax Map Number: 1000-120-3-11.011 INVOICE# 1000-10 Real Estate Appraisal GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 005409 ELINOR BRUNSWICK, M Y=Select JE Date Trx. Date Fund Account ............................. Begi ,. 3/11/2000 3/11/2008 H3 .. 5/06/2008 5/06/2008 H3 . . 9/09/2008 9/09/2008 H3 9/23/2008 9/23/2008 H3 ii 12/16/2000 12/16/2008 H3 ~ 1/20/2009 1/20/2009 H3 . . 2/24/2009 2/24/2009 H3 600 600 600 600 600 600 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use ActiOn Code $2,500 Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-01202009-797 Line: 146 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 1/20/2009 SDT 1/22/09 : : Trx Amount... 2,500.00 : : Description.. APPRAISAL-HARBES-12/29 : : Vendor Code.. 005409 : : Vendor Name.. ELINOR BRUNSWICK, MAI : : Alt Vnd.. : : CHECK ........ 99440 SCNB : : Invoice Code. 1000-10 : · VOUCHER · : P.O. Code .... 19285 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 1/20/2009 : : Date Cleared. 1/31/2009 : : F3=Exit F12=Cancel : : : [ InvoiceI Young & Young 400 Ostrander Avenue Rlverhead, New York 11901 August 24, 2009 Project No: 2009-0174.00 Invoice No: 30886 Town of Southoid P.O. Box 1179 Southold, NY 11971 Project 2009-0174.00 Purchase Order No. 20126: Southold, Town of Professional services rendered in conjunction with the preparation of a Ce~fied Survey. Fee Total this Invoice 3,200.00 $3,200.00 GL108S 20 TOWN OF SOUTHOLD __ 'ew 1 ** Actual Hi ndor.. 025030 ¥ODNG & YOUNG Select JE Date Trx. Date Fund Account ............................. Begi 8/26/2003 8/26/2003 DB .600 1/20/2004 1/20/2004 10/19/2004 10/19/2004 2/01/2005 2/01/2005 2/15/2005 1/02/2008 1/02/2008 9/08/2009 9/08/2009 9/08/2009 2/15/2005 1/02/2008 1/02/2008 9/08/2009 9/08/2009 9/08/2009 H3 600 H3 600 H3 600 H3 600 H2 600 H2 600 H3 600 H3 600 H2 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-09082009-916 Line: 366 Formula: 0 : : Account.. H2 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 9/08/2009 SDT 9/08/09 : : Trx Amount... 3,200.00 : : Description.. SURVEY-HARBES : : Vendor Code.. 025030 : : Vendor Name.. YOUNG & YOUNG : : Alt Vnd.. : : CHECK ........ 102376 SCNB : : Invoice Code. 30886 : : VOUCHER ...... : : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 9/08/2009 : : Date Cleared. : : 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: 09103 Projcct: VA02862 P&E, LLC Property, Laurel (5655 Aldri Manager: McGinn, Steven To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Melissa A Spiro MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice #: 6800 Invoice Date: July 27, 2009 InvoiCe Amount $1,0 75. O0 Contract dated June 22, 2009 - Item #1: Phase I Environmental Site Assessment Work Performd thru 7/13/09 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: Current Fee Total: $I,075.00 100.001 $1,075.00 $0.00 $1,075.00 *** Total Project Invoice Amount $1,0 75. O0 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti ,, 5/19/2009 5/19/2009 A .600 . . 5/19/2009 5/19/2009 B .600 ,, 6/16/2009 6/16/2009 & .600 . . 6/30/2009 6/30/2009 A .600 7/14/2009 7/14/2009 B .600 ~ 8/11/2009 8/11/2009 ~3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-08112009-663 Line: 223 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/11/2009 SDT 8/10/09 : : Trx Amount... 1,075.00 : : Description.. PHASE i ESA-P & E LLC : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 101979 SCNB : : Invoice Code. 6800 : : VOUCHER ...... : : P.O. Code .... 20127 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 8/11/2009 : : Date Cleared. : : F3=Exit F12=Cancel : : : -stewart ~ title ~nsurance compar~y INVOICE INVOICE NUMBER: 928 TITL~ NO.: 904855 APPLICANT/CLIENT: Town of Southold LENDER: LENDER'S ATTORNEY: N/A SELLER'S ATTORNEY: Chaxlcs Cuddy, Esq. LOAN POLICY NO: OWNER'S POLICY NO: O-8911M87781 PROPERTY ADDRESS: 5655 Aldrich Lane , Laurel NY Dis~ct: 1000 Section: 120.00 Block: 03.00 Lot: 011.011 DATE: 8/31/2009 TITLE CLOSER: Fallon, Pat CLOSING DATE: 8/31/2009 CLOSING TIME: 2:00 PM CLOSING LOCATION: Town of Southold- Annex Building 54375 Rout~ 25 P.O. Box 1179 Southold NY 11971 (631 )765-5711 TRANSACTION TYPE: Development Rights SALES PRICE: $1,082,659.50 LOAN AMOUNT: COUNTY: Suffolk PROP TYPE: Commercial PURCHASER/BORROWER: Town of Southold SRI.I,ER (S): P &E, LLC PREMIUM: Fcc Insurance (Liability Amotmt: $1~082~659.50) $4~811.00 ~,4~811.00 ENDORSEMENTS: SEARCH FEES: Certified copi~ $50.00 $50.00 Dev. Rights Easement RECORDING FEES: Agreement(s) $275.00 $275.00 Developnmet Right Easement TA~q: (TRANSFER/MANSION/MO RTGAGE~ NYS Tmsf~r Tax (u~ually paid by seller) $0.00 $0.00 ~,4332...Exemot Peconic Bay Regioaal Town Transfer Tax $0.00 $0.00 :~18~653.1~ Exempt ADDITIONAL: TOTAL: $5,136.00 $5,136.00 $0.00 $0.00 D1KECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT: NEW YORK METRO 800-853-4803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 TOWN OF SOUTHOLD ' VENDOR 019624 STEWART TITLE INSUP~ANCE CO. 08/31/2009 CHECK 102241 FUND & ACCOUNT P/O. # INVOICE DESCRI?~FION AMgUNT H2 ,8686.2.000.000 ~2 .8686.2.~00.000 H2 .8~686.2.000.000 ST09r04855 ST09-04855 TBR610 ST09-04855 REC DEED-HD~RBES 275,00 CERT COPY EASEMNT-HARBES 50,00 TITLE POLICY-HARBES 4,811.00 ~©TAL 5,136.00 TOWN OF SOUTHOLD VENDOR 006013 PATRICIA FALLON 08/31/2~9 CHECK 102238 FUND & ACCOUNT P.O.# INVOICE iDESCRIPTION AMOUNT H2 .8686.2.000.000 / TBR610 083109 TITLE CLOSER-HARBES TOTAL 100,00 100.00 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT ~mher of Pages: 25 Receipt Number : 09-0118936 TRANSFER TAX NUMBER: 09-06190 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 120.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $1,082,659.50 Received the Following Fees For Above Instrument Exempt Page/Filing $125.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $16.25 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 09-06190 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 10/15/2009 12:37:38 PM D00012603 145 Lot: 011. 015 Exempt $20.00 NO $15.00 NO $0.00 NO $50.00 NO $0.00 NO $236.25 NOV - 4 2009 OEP)' OF LAND PRESERVATION This document will be public record. Please remove ail Social Security Numbem prior to recording. Deed / Mortgage Instrument 31 Deed / Mortgage Tax Stamp FEES ~ECORDE6 2009 Oct 15 12:~7:~8 PM CLERK OF SUFFOLK C00NTV P 145 Recording / Filing Stamps Page/Filing Fee / ~ ff '~ .andiing oo Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5. 00 NYS Surcharge Other 4 I Dist./a Real Propert Tax Service Agency Verification SubTotal l,. oo SubTota, 9b 1000 12000 0300 OllO1S 1000 12000 0300 011016 ,~OIJ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: P.a, ga x d~-~, x/l 1/0'7/ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkcou ntyny, g0v/clerk 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 ins~;~ ¢ ~Ommunlty Preservation And Consideration Amount CPI* Tax Due // $ TD Title Company Information co. Name ~/aw~zr Title# 57"0 Suffolk County Recording & Endorsement Page This page forms part of the attached ~,~A/;r tlc' ~l/gZO~'/~y~lf~' ~/6AI-7~/~f..4~'~7:qE-~f>-' made by: (SPECIFY TYPE OF INSTRUMENT) ~)¢ ,~-~ i_2~__.. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ~tt~tvg..b 7~Ot/dM O ,6- ~d{,/7"Ja69td~ In the VILLAGE or HAMLET of ~'gd~l..~ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 31st day of August, 2009 at Southold, New York. The parties are P & E, LLC with offices at 5645 Aldrich Lane, Laurel, NY 11948, c/o Peter Harbes, Managing Member (herein 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 11971 (herein called "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 SC'TN #1000-120-3-11.11, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey dated August 24, 2009 and last revised August 27, 2009 prepared by Young & Young, Howard W. Young, Land Surveyor (a copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of South0id; and WHEREAS, the Property contains soils classified as Class I and Class IT worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York Town Law ("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 agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any 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 ONE M]~LLION ETGHTY- TWO THOUSAND STX HUNDRED E[FTY-NJNE THOUSAND AND 50/100 DOLLARS ($1,082,659.50) 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 itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 0.01 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, except as set forth in Stewart Title Insurance Company Title No. ST09-04855. 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 and is authorized under {}64 of Town Law and §247 of the New York State General IVlunicipal Law ("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 agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument 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 Recognition 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 §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the 3 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, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated August 24, 2009 and last revised August 27, 2009 prepared by Young & Young, Howard W. Young, Land Surveyor, a 2004 aerial photograph of the Property, the Phase ! Environmental Site Assessment prepared .luly 24, 2009 by Nelson, Pope & Voorhis, LLC, a Daily .lob Report dated August 24, 2009 from Hiller Environmental Group, !nc. and "Private Non- Hazardous Document of Cargo" No. 101343 from Hiller Environmental Group, Inc. as Transporter, Town of Southold Planning Board resolution adopted August 10, 2009 regarding sketch Plan approval for Grantor's proposed Conservation Subdivision for all of SCTH #1000- 120-3-11.11, which includes the Property, and Town Board resolution adopted August 25, 2009 granting approval for the establishment of an Open Development Area, all on file with the Town Land Preservation Department. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation !n 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 1.01 Type 4 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" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, the underground utilities presently existing and referenced in an easement recorded simultaneously herewith and described in Section 4.06 herein or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of 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 Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION EIGHTY-TWO THOUSAND SIX HUNDRED FIFTY-NINE THOUSAND AND 50/100 DOLLARS ($1,082,659.50) and such other good and valuable consideration, hereby grant, release, and convey 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 herein, no structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 1.02 and 4.06 of this Easement. 6 3.02 Excavation and Removal of Materials; Mininq The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. This 3.02 does not prohibit the grading of the Property for the construction of the greenhouses, provided Grantor has obtained all necessary approvals for such grading and the erection of greenhouses, including but not limited to from the Land Preservation Committee, and such other approvals as the Town Code may require. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided herein, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 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 Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold ("Planning Board"), the Land Preservation Committee and as otherwise required by applicable law, subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved land subject to a development rights easement or other agricultural conservation instrument. Notwithstanding this provision, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes 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, composting and crop removal. 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 and the character of the business conducted thereon, (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) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. The Property may not be used for the creation or placement of utilities to service any other properties, except for underground utilities presently existing, and referenced in an easement recorded simultaneously herewith in the Office of the Suffolk County Clerk and described in Section 4.06 herein. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 30:L(2)(a)-(j) of the Agriculture and 8 Markets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current agricultural production shall be permitted on the Property. 3.08 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. 3.09 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.:[0 Development Rights Grantor and Grantee acknowledge that Grantor received Sketch Plan approval from the Planning Board on August :[0, 2009 for a Conservation Subdivision, as shown on a Sketch Plat prepared by Howard W. Young, L.S, (the "Sketch Plat") which includes 74,998 square feet of clustered conservation open space (the "clustered conservation open space") located within the Property, which shall remain unbuildable. Except for the clustered conservation open space described in this Section 3.10, and described in the Planning Board Sketch Plan approval dated August :[0, 2009, the use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Except as provided above, Grantor hereby grants to Grantee all other existing development rights (and any further development rights that may be created through a rezoning of the Property) on the 9 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 or elsewhere in this Easement, and the parties agree that any other such development 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 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, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future. 4.04 Landscapinq Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 10 4.05 Aqricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §30:l(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other agricultural conservation instrument, including but not limited to farm stands if they are permitted in the future. 4.06 Structures and improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Underground utilities presently existing and referenced in an easement recorded simultaneously herewith, said easement area shown on the Survey; (iii) Construction of new structures, provided such structures are necessary for and accessory to agricultural production; (iv) Renovation, maintenance and repairs of any 11 existing structures and improvements or structures and improvements built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (v) Any improvement excluded from the definition of "Structure" in Section 1.02; B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No new construction is permitted outside of the area described in paragraph 4.06A(ii) above. 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. Grantors 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. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation asmay be required for such applications. 4.08 Alienability 12 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 forth 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. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'$ OBLI[GAT][ONS 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 subject, however, to Grantor's right to grieve or contest such assessment. 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, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or 13 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, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; 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 for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantor (which approval by Grantor shall not be unreasonably withheld) and by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to ail other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. 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 14 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 Section 5.04 and 6.03, or to permit access upon the Property. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, 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, earth movement, wind, weather 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 or crops, livestock or livestock products 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 as a 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 ten (:[0) days' written 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 agricultural 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, 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 15 (iii) To enforce any term, provision, covenant or obligation in this Easement or 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 cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 10 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed 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. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to 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 three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE STX 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. Extinquishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the 16 Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or 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 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 the 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. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the 17 requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter 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 Governing Law New York Law applicable to deeds to and easements on land located within the State of 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 18 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 affect 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 their 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 it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq 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 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN W:[TNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: By: Peter Harbes, Managing Member 19 ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee Scott A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this3/-~day of ~6/~s7- in the year 2009 before me, the undersigned, personally appeared SCO~-F A. RUSSELL 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 individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: PATRICIA L. FALLON Notary Public, State Ot New York No. 01FA4950146 Qua fled in Suffotk County Commission Exp res April 24, ~,~-~[] On this day of in the year 2009 before me, the undersigned, personally appeared PETER HARBES 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 individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRIOIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, ~749]Y 2O ALTA OWNER'~ POLICY (6/17/06) SCHEDULE A DESCRIVFION File No.: ST09-04855 Policy No.: O-8911-487781 DESCRIPTION OF DEVELOPMENT RIGHI~ EASEMENT AREA TO BE INSURED: P,! J. that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the point on the westerly line of Aldrich Lane distant the following five (5) courses and distances from the intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minutes 40 seconds East, 750.62 feet; South 36 degrees 12 minutes 10 seconds East, 206.05 feet; South 40 degrees 42 minutes I0 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 6L81 feet; South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set, the hue point or place of beginning; RUNNING THt~CE along said westerly side of Aldrich Lane South 35 degrees 12 minutes 10 seconds East, 50.09 feet to a set monument; THENCE South 58 degrees 14 minutes 40 seconds West, 278.94 feet; THENCE South 31 degrees 42 minutes 10 seconds East, 580.01 feet to land now or formerly of EWH, LLC; i~[THENCE along said land South 58 degrees 14 minutes 40 seconds West, 1238.18 feet to land now or formerly of Big "E" ~arm, Inc.; THENCE along said land North 33 degrees 01 minutes 50 seconds West, 642.00 feet to a set monument at the land now or formerly of MDH Limited Liability Company; THENCE along said land North 60 degrees 14 minutes 10 seconds East, 340.47 feet to land now or formerly of Patricia DiVello; THENCE along said land and continuing along land now or formerly of KKP, LLC and other lands now or formerly of Patricia DiVello, North 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the westerly side of Aldrich Lane, the point or place of BEGINNING. FOR INFORMATION: DESCRIPTION OF DEVELOPMENT RIGHTS EASEMENT AREA AND RESERVED Al .L that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the point on the westerly linc of Aldrich Lane distant the following five (5) courses and distances from thc intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minutes 40 seconds East, 750.62 feet; South 36 degrees 12 minutes 10 seconds East, 206.05 feet; South 40 degrees 42 minutes 10 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 61.81 feet; South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set, the true point or place of beginning; RUNNING THENCE along said westerly side of Aldrich Lane South 35 degrees 12 minutes 10 seconds East, 149.39 feet; THENCE continuing along said westerly side of Aldrich Lane South 31 degrees 42 minutes 10 seconds East, 480.88 feet to land now or formerly of EWH, LLC; THENCE South 58 degrees 14 minutes 40 seconds West, 1523.20 feet to land now or formerly of Big "E" Farm, Inc.; THENCE along said land North 33 degrees 01 minutes 50 seconds West, 642.00 feet to a set monument at the land now or formerly of MDH Limited Liability Company; OTHENCE along said land North 60 degrees 14 minutes 10 seconds East, 340.47 feet to land now or formerly of Patrlcia DiVello; THENCE along said land and continuing along land now or formerly of KKP, LLC and other lands now or formerly of Patficla DiVello, NorIh 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the westerly side of Aldrich Lane, the point or place of BEGINNING. _ FOR INFORMATION.', DESCRIPTION OF RESERVED AREA: 'ALL that certain plot, piece or parcel of land, situate, lying and lacing at Laurel, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the point on the westerly line of Aldrich Lane distant the following five (5) courses and distances from the intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minutes 40 seconds East, 750.62 feet; South 36 degrees 12 minutes 10 seconds East, 206.05 feet; South 40 degrees 42 mimltes 10 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 61.81 feet; South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set; South 35 degrees 12 minutes 10 seconds East, 50.09 feet to a set monument, the true point or place of beginning; RUNNING THENCE South 58 degrees 14 minutes 40 seconds West, 278.94 feet; THENCE South 31 degrees 42 minutes 10 seconds East, 580.01 feet to land now or formerly of EWH, LL~; THENCE along said land NoRh 58 degrees 14 minutes 40 seconds East, 285.02 feet to the westerly side of Aldrich Lane; THENCE North 31 degrees 42 minutes 10 seconds West, 480.88 feet along the westerly side of Aldrich Lane; THENCE continuing along the westerly side of Aldrich Lane North 35 degrees 12 minutes 10 seconds West, 99.30 feet to the point or place of BEGINNING. U T I L I T Y E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT ~mher of Pages: 4 Receipt ~m~er : 09-0140145 TR~NS~R TAX NUMBER: 09-10433 District: Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 120.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 12/04/2009 04:45:26 PM D00012608 560 Lot: 011.016 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $5.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 09-10433 THIS PAGE. IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20~00 $15.00 $0.00 $30.00 $0.00 $100.00 Exempt NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County This document will be public record. Please remove all Social Security Numbers prior to recording, RECORDED 2009De¢ 04 04:45:26 P~ JUDITH ~. PASCRLE CLERK OF SUFFOLK COURT? L D00012608 P 560 DT~ 09-I0433 Deed/Mortgagelnstmment Deed/Mo.gageTaxStamp I Recording/Filing Stamps 3 1 FEES Page / FUIng Fee Handling 20. 00 TP-584 Notation EA-52 17 {County) EA-5217 (State) R.P.T.S.A. ~ ~ Comm. of Ed. 5. OO Affidavit C rafted Co NYS Surcharge 15. 00 Other SubTotaf SubTotal Grand Total 4 [Dist. 10~~l~-~ Lg~JlO I n,o~k o3. oo l ot 011.011 1000 12000 030~r011016 - Rea~ Pmperty ~ Tax 5e~ke Agen~ Verification C~ES ~ C~DY, ESQ, ~5 ~i~g Av~nuo ~wrh~d, ~ 11901 Moil to: Judith A. Pas~le. Suffolk Coun~ cme~ I 7 m 310 Center Ddve. Rive~ead NY 11901 Co Name ~.suffolk~un~ny.gov/c e~ ~ · a Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAsslt. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual Count~ 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 on[y. YES__ or NO If NO, see of this Inst~u~e~n~ ~n appropriate tax c use .age, Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved__ Vacant Land __ TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached Utility Easement by: (SPECIFY TYPE OF INSTRUMENT) E LLC The premises herein is situated in SUFFOLK COUNTY, NEqN YORK, made TO In the TOWN of SQUTHOLD Town of Southold In the VILLAGE or HAMLET of Laurel BOXES 6 THRU R MUST BE TYPED OR PRIKI~D IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) UTILITY EASEMENT P & E, LLC, (Grantor)a New York limited liability company, with offices at 5645 Aldrich Lane, Laurel, NY 11948, the owner of a parcel at Aldrich Lane, Laurel, New York, described on the Suffolk County Tax Map as 1000-120-3-11.11, hereby establishes, creates and grants a 10 foot wide underground utility easement across and through the above described pamel in favor of the adjoining pamel to the south (SCTM # 1000-120-3- 11.14); the utility easement hereby created is shown on a survey for the Town of Southold prepared by Howard W. Young, L.S. last dated August 27, 2009 and is described at Schedule A annexed hereto. Further, the parcel at which the utility easement is located is the subject of a Grant of Development Rights Easement. Conveyance of any part of the Development Rights Easement area, as shown on the above referred to survey shall be subject to the underground utility easement. The Grantor, its successors or assigns shall have the right to install and maintain electric, telephone, cable and water lines, as well as any other utility lines in the described easement area, to service the adjoining parcel, and, when necessary, shall have access to the described easement area for the purposes of repair, removal or replacement of such lines now existing or hereafter installed in such easement. This easement may be amended only with written consent of the Grantor and the Town of Southold. Dated: P & E, LLC By: ~ Peter Harbes STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the //day of tt~'P~*,~/~'~ih the year 2009, before me, the undersigned, personally appeared Peter Harbes personally known to me, or proved 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 and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instnanent. Notary Public CHARLES R. CUDDY Notary Publlo, State of New York No. 5872225 Oual fled in Suffolk County Corem s~ion Expires December 31, SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being a utility easement 10 feet in width and centered on the existing underground utilities, more particularly bounded and described as follows: BEGINNING at a point on the northerly line of land of the party of the first part adjoining land now or formerly KKP, LLC., said point being situate South 58 degrees 14 minutes 40 seconds West as measured along the northerly line of land of the party of the first part 590.06 feet from the westerly side of Aldrich Lane; RUNNING thence from said point of beginning South 34 degrees 24 minutes 34 seconds East through land of the party of the first part 630.68 feet to land now or formerly EWH, LLC.; RUNNING thence South 58 degrees 14 minutes 40 seconds West along land now or formerly EWH, LLC 10.01 feet to a point; RUNNING thence North 34 degrees 24 minutes 34 seconds West through land of the party of the first part 630.68 feet to land now or formerly KKP, LLC.; RUNNING thence North 58 degrees 14 minutes 40 seconds East along land now or formerly KKP, LLC. 10.01 feet to the point or place of BEGINNING. T I T L E P 0 L I C Y ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given the Company unde~ this Policy must be given to the Company at the address shown In Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the '~.,ompany~) iasums, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, ~er Data of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1, Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the 'Rtie. This Covered Risk includes but is not limited to insurance against lose from (a) A defect in the 'rifle caused by (i) forgery, fraud, undue influence, durese, incompetency, incapactiy= or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting T'~le not propedy created, executed, witnessed, sea. led, ac~kno~l, ed~ed, notarized, or delivered; (iv) failure to perform those acts necesea~ to create a donurnant by elentron~c means authenzed by law (v) a docornent executed under a lalsified, expired, or otherwise invalid power of attorney (vi) a document not properly ~ed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or adminis~ative proceeding. (b) The lien of real ostate texes or assassments ircposed on the Title by a governmental authority due or peyable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Titie that would be disclosed by an accurate and corsptete land survey of the Land. The term "encmachrcent' includes encroachments of e~stieg improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3, Unmarketable Title. 4, No right of accese to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restficif ng, regulating, prahiblting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement emctad on the Land; (c) the subdivision of land; or (d) enviranrnental p¢otection if a notice, describing any pert of the Land, is recorded in the Public Records setting forth the violation or intantion to enforce, but only to the extent of the violation or enfo¢cornent rofon'ed to in that notice. 6. An enforcement action based on the exercise of a governmental police power cot covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enfon.~rnent referred to in that notice, 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Rece~ds. 8. Any taking by a govemrnental body that has occurred and is binding on the rights of a purchaser for value without Kcowiedge. Countersigned: Stewar~ Title Insurance Company New York, New York serial No. O-8911-487781 If you want information about coverage or need assistance to resolve complaints, plaase ca~l our toll frae number: 1-800~33~014. If you make a claim under your policy, you must furnish wditen notice in accordance w~th Section 3 of the Conditions. Visit our Word-Wide Web site at httm/N~vw. Stewer[N ewYork.com File No.: ST09-04855 ALTA O%VNER' S JK)~ICy SCHEDULE A Nile No.: ST09-0485~ Amount of lllsutanc~: Date of Policy: 1. Name of l~.sured: Town of Sout~old $1,082~65950 Au~st Sit, 2009 Policy No.: 0~8911-487~7~1 Pi~minro~' $4,$11.00 2. The estate or interest in the Land that is insured by this policy is: Dewlopment Rights Easement 3. Title is vested in: Town of $outhold who acquired Development Rights by C_taut of Developrnemt RighL~ Easement by P & F~ LLC dated 8/31/2009 to be duly record, ed in th? Suffolk County Cl~k's/Registel~ Or, ce. 4. The Land ref~.~d to itt this policy is described as follows: Sec Schedule A Description, atlached hereto add made a part hereof. Section: 120.00 Block: 03.00 Lot: 011.011 ALTA OWNER'S POI~CY (6/17106) SCHEDULE A DESCRIFrION File No.: ST09-04855 Policy No.: O-8911-487781 DESCRIPTION OF DEVELOPMENT RIGHTS EASEMENT AREA TO BE INSURED: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINN-ING at the point on the westerly line of Aldrich Lane distant the following five (5) courses and distances from the intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minutes 40 seconds East, 750.62 feet; South 36 degrees 12 minutes 10 seconds East, 206.05 feet; South 40 degrees 42 minutes 10 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 61.81 feet; '~ South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set, the true point or place of beginning; RUNNING THENCE along said westerly side of Aldrich Lane South 35 degrees 12 minutes 10 seconds East, 50.09 feet to a set monument; THENCE South 58 degrees 14 minutes 40 seconds West, 278.94 feet; THENCE South 31 degrees 42 minutes 10 seconds East, 580.01 feet to land now or formerly of EWH, LLC; THENCE along said land South 58 degrees 14 minutes 40 seconds West, 1238.18 feet to land now or formerly of Big "E" Farm, Inc.; THENCE along said land North 33 degrees 01 minutes 50 seconds West, 642.00 feet to a set monument at the land now or formerly of MDH Limited Liability Company; THENCE along said land North 60 degrees 14 minutes 10 seconds East, 340.47 feet to land now or formerly of Patricia DiVello; THENCE along said land and continuing along land now or formerly of KKP, LLC and other lands now or formerly of Patricia DiVello, North 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the westerly side of Aldrich Lane, the point or place of BEGINN~G. .ALTA OVV3qER'S POLICY (~/17/06) FOR INFORMATION: DESCRIPTION OF DEVELOPMENT RIGHTS EASEMENT AREA AND RESERVED AREA: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the point on the westerly line of Aldrich Lane distant the following five (5) courses and distances from the intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minutes 40 seconds East, 750.62 feet; Sooth 36 degrees 12 minutes 10 seconds East, 206.05 feet; South 40 degrees 42 minutes 10 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 61.81 feet; South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set, the true point or place of beginning; RUNNING THENCE along said westerly side of Aldrich Lane South 35 degrees 12 minutes 10 seconds East, 149.39 feet; THENCE continuing along said westerly side of Aldrich Lane South 31 degrees 42 minutes 10 seconds East, 480.88 feet to land now or formerly of EWH, LLC; THENCE South 58 degrees 14 minutes 40 seconds West, 1523.20 feet to land now or formerly of Big "E" Farm, Inc.; THENCE along said land North 33 degrees 01 minutes 50 seconds West, 642.00 feet to a set monument at the land now or formerly of MDH Limited Liability Company; THENCE along said land North 60 degrees 14 minutes 10 seconds East, 340.47 feet to land now or formerly of Patricia DiVello; THENCE along said land and continuing along land now or formerly of KKP, LLC and other lands now or formerly of Patricia DiVello, North 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the westerly side of Aldrich Lane, the point or place of BEGINNING. ALTA OWNER'S POLICY (6/17/06) FOR INFORMATI, ON: DESCRXPT~ON OF RES~.RVED AREA: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the point on the westerly line of Aldrich Lane distant the following five (5) courses and distances from the intemection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minutes 40 seconds East, 750.62 feet; South 36 degrees 12 minutes 10 seconds East, 206.05 feet; South 40 degrees 42 minutes 10 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 61.81 feet; South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set; South 35 degrees 12 minutes 10 seconds East, 50.09 feet to a set monument, the true point or place of beginuing; RUNNING THENCE South 58 degrees 14 minutes 40 seconds West, 278.94 feet; THENCE South 31 degrees 42 minutes 10 seconds East, 580.01 feet to land now or formerly of EWH, I.,LC; THENCE along said land North 58 degrees 14 minutes 40 seconds East, 285.02 feet to the westerly side of Aldrich Lane; THENCE North 31 degrees 42 minutes 10 seconds West, 480.88 feet along the westerly side of Aldrich Lane; THENCE continuing along the westerly side of Aldrich lane NoFth 35 degrees 12 minutes 10 seconds West, 99.30 feet to the point or place of BEGINNING. ALTA OWNER'S FOLICY (6/17,q)6) SCHEDULE B PART I File No.: ST09-04855 Policy No.: O-8911-487781 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Right of Way Agreement in Liber 3493 Page 32 (further recited in Liber 5241 Page 395 and Liber 5253 Page 413) insofar as the same may be in effect. 2. Policy will except the tights of others over, under and through the earth road as shown on the survey used herein. Survey made by Young & Young last updated 8/27/2009, coveting premises and more, shows subject premises improved by a frame pump house, metal storage trailer and concrete pad with gas tank. (a) Approximate location of underground utilities shown thereon. Co) Earth road meanders along northerly record line. (c) Town line of Southold and Riverhead shown along westerly record line. (d) Wood fence and grass road vary with westerly line. No other variations or encroachments shown. 4. An Agricultural exemption is shown. Policy will except all taxes, liens, penalties and interest due to cancellation of said exemption, which may include taxes, liens, penalties and interest for prior years as well as current and subsequent tax years. 5. Policy will except water and sewer charges not entered and/or water and sewer charges entered subsequent to date of last actual reading. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: ST09-04855 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Date of Issue: August 31~ 2009 ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-487781 The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gmn pnonty over the estate or ~nterest of the msured as shown m Schedule A of this po y. 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of reCOrding of the deed or other instrument of a'ansfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATED: August 31, 2009 Countersigned By: Authorized Office or Agent Stewart Title Insurance Company 300 East 42nd St., 10th Fl New York, New York 10017 STEWART TITLE STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POUCY (6-17-06) COVERED RISKS (Continued) 'F~ta being vested nther than as stated in Schedule A or being deh~c~ve (i) to be timely, or (a} as a resolt of the avoldasce in wf~le or in part, or from a court order (ii) to impart notlce of ifs existence to a purchaser for vsiue 0r to a providing an altomaitve remedy, of a transfer of all or any pat of the judgnmnt or ~len creditor. ittie to or any intarest in the Land o~curring prior to the trensection 10, AnydefsotthorlisoorencumbrenoeontheTitieorofhormattorinoluded vesting T~e as shasta in Schedule A because that pdor transfer in Covered Risks 1 through 9 that has been created or attashed or has constituted a fraudulent or preferenital transfer under federal been itled or reesfded in the Public Records subesquent to Dato of Poticy bankmptoy, state insolvency, or similar creditore' fights laws; or and prior to the recording of the deed or other iestmment of transfer in the (b) becaese the Instrument of tmestar vesting 'ritie as shown in public Rasords that vasta T~le as shown in Schedule A. Schedule A ooesittutes a pretamnttal transtar under federal TheCompanywitisiespeythecesto, attomeys'fess, aede,'¢pensssincurredin bankruptcy, state insolvency, or similar creditom' dghto laws by defense of any matter insured against by this Policy, bet only to the extent mason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters am expressly excluded from the coverage of this policy, and the Company will not pay less or damage, costs, attorneys' lees, or expenses that arise by reason of: 1. (e,) Any taw, ordinance, geffclt, or gevornmantsi rngolatlen (inoluding those relating to building and zoning) rasbtoting, regulating, pmblbiting, or rblating to (i) the cccupancy, use, ar enjoyment of the Land; (ii) the character, dimensions, or inc~ian of any imgrovemant (iii) the subdivision of lend; or (iv) eavimnmantal protection; 4. er the effect of any violation of these laws, ordinances, or governmental regulations. 'l'~,.s Exolnslen 1(a) dess nof medilyor limit the covarage provided under Covered Risk 5. (b) Any govemmentsi pnties power. ~tis Exclnslen l(b) does not modify ur limit the coverage provided under covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5, coverage provkfecl under Covered Risk 7 or 8. 3. Defect~ liees, encumbrances, adveme c~ims, or othe¢ mattem (a) created, suffered, assumed, or agreed to by the Insured Claimant; CONDITION~ DEFINITION OF TERMS 'lhe following terms m used in this policy mean: (a) 'Amount of Insurance': The amount stated in Schedule A, as may be increased o~ decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) 'Date of Policy": The date designated as 'Date of Pblicy" in Schedule A. (c} 'Entity": A corporetion, parthemhip, trust, limited liability company, or other similar legal entity. (d) 'Insured": The Insured named in Schedule A. (i) The term'Insured' alas includes (A) successors to the 'r~le of the Insured by ogerat~n of law ss distinguished from purchase, including heirs, devisees, survivors, pemonal repmsentativas, or Mx[ of kin; (B) sussassom to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable considaratlen conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee am whol¥owned by the named Insured, (2) if the grantee v/nelly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are beth wholly-owned by the same gemon or End,y, or (4) if the grantee is a bustee or heseticiary of a trust created by a witten instrument established by the (u) 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 vaiting to the Company by the Inst~ud Clsimant grior to the date the Insured Claimant became an Insured under this policy; (c) re~Jlting in no loss or damage to the Insured Ctatmant; (d) attaching or created subssquant to Date of Policy (hew~ver, this does not modify or limit me esvarege provided ueder covered Risk 9 and 10);or (e) resulting in loss or damage that v,~uld not have been sustained if the insured Claimant had paid value for the 'rifle. Any claim, by reason of the a~ of federal banknJptcy, state insolvency, or similar creditors' dghts laws, that the trans~ctico vesting the 'title as shown in Schedule A, is (p) a Eaudulent conveyance or fraudulent transfer; ar (b) a preferential bansfer Eh- any reason not stated in Covered Risk 9 of Any lien on the Title for mai estate t~xas ur assessments imposed by governmental authority and created or att~._.ching between Date of Policy and the date of r~cording of the dasd or other icatmmant of Iransfer in the Public Records that vests Ttde as shown in Schedule A. Insured named in Schedule A for estate planning pum. (ii) With rngard to (A), (B), (C), end (D) reserving, he.ever, all dghts and defenses as to any successor that the company would have had against any predeesss4~ Insured. (e) "Insured Claimant': An Insured c~atming less or damage. (f) "KnMedge" or "Known": Actual knowledge, not senalmctlve kno~edge or notice that may he imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the (g) "Land": The land described ~n Schedule A, and affixed improvements that by law constitute real pra~. Tno term "Land" does not ino{ude any proge~ beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easament tn abutting streets, roads, avenues, alleys, la~'".=s, ~ays, or watem~ys, put this does not modify or limit the extent that a dght of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of lmst, bust deed, or other secunty instrument, including one evidenced by alectronic means ~ by law. (i) "Public Records": Recorde established under state statutes at Date of Policy for the pu~ of imparting constructive notice of mattam relating to real property to purchasem for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records' shall also include environmental pmtactlon tlens filed in the records of the clerk of the Untied States Disb'ict Court for the district where the Land is located. (j) "'Frae': The estate or interest dascribed in Schedule A. (k) 'Unmarketable Tiife": 'title affected by an alleged or apparent matter that ~3utd pemlit a ~ purchaser or lessee of the Title or lender on the Title to be released lrom the obligation to pumhaes, lease, ar lend if there is a contractusi condition requiring the delivery of maffetabto title. File NO.: ST09-04855 CONDiTiONS (Continued) COIfllNUATION OF INSURANCE The coverage of this policy shall continue in force es of Date of Policy in favor of an Insured, bet onty an long es the Insured retains an estate or internst in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by mason of warranties in any transfer o~ conveyance of the THe. This policy shall not continue in force in favor of any purchaser from the Insured of either (I) an estate or intarnst in ~e Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NO~CE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT ~ {~red shall notify the Company promptly in writing (i) in cese of any litigation es set lo~th lo Santk~ 5(a) of these Conditions, (ii) in cese Knowledge shall come to an Insured hereunder of any claim of title or Interest that is adverse to the Title, es insured, and that might cause loss or damage for which Em Company may be liable by virtue of tiffs policy, or {iii) if Emhe Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the faitum of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the pa~icy shall be mducod to the extent of the prejudice. PROOF OF LOSS In the avant the Company is unabts to determine the orm~nt of in~s or damage, Emhe Company may, at its option, require as a condition of payment that the Insured Claimant furnish a ~gced proof of loss. The proof of loss must describe the defect, lien, encomtxance, or other matter insured against by this policy that constilutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upryn va~ttan request by the Insured, and subject m the options contained in Section 7 of these Conditions, the Company, at its own cost end without unreaannsb~e delay, shall pmvlds for the defense of an Insured in Iti]gatian in which any third party asserts a claim covered by this policy adveme to the Insured. This obligation is limited to only those stated causes of action alleging matmrs 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 object for reasonable cause) to represent the Insured es to those stated causes of action. It shah not be liable for and witl set 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 that allege DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Compony te prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to an prosecute or p~ovide defense in the action or proceeding, including the dgh! to use, at its option, the corns of the Insured for this puq3ose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, fumish the required coedera~an, the Company's ~igatians to the Insured under the policy shall trmninate, including any cooperation. inspection, and copying, at such ~e times ~ places the loss or damage. Further, if requested by any authorized OPTIONS TO PAY OR O~'IERWlSE SETTLE CLAIMS; TERMINATION OF UABIUTY In case of a claim under this policy, the Company shall have the tollowing additional options: (a) To Pay of Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insuraane under this policy together with any COSts, attorneys' fees, and e~q3eness incurred by Em Insured Claimant that were authorized by the Company up to Em time of payment o~ tender of payment and that Em Company is obligated to pay. Upon Em exemiue by the Company of this optk~n, ail liability and obligations of the Company to the Insured under this policy, o~er than to make Em payment required in this subsection, shall terminate, Including any tiabilibj or obligation te defend, prosesute, or continue any litigatisn. (b) To Pay or Other~se Seffie With Partiss Other Than the Insured or With the Insured Claimant. (i) To pay or othem~es settts with othor parties for o( lo the name of an Insured Claimant any claim insured against under this policy. In addition, Em Company will pay any costs, attorneys' fees, and expenses incurred by the Insured C~mant that were authorized by Em Company up te pay; or (ii) To pay or otherwise settle with Em Insured Claimant the ~ or damage provided to{ under this policy, together with any costs, attorneys' fees, and expenses incuned by the Insured CtsJmast that were au~odzed by the Company up to Em time of payment and that the Company is obligated to pay. Upon the exercise by Em Company of either of Em options provided for in subsections (b)(i) or (ii), the Compony's obtigaflons to Em Insured under this policy for the claimed loss or damage, other than Em payments required to be made, shall terminate, including any liability or obligation th defend, ptosecota, or continue any litigation. I Parle 3 Setiai No.: O-891t-t87781 I File No.: ST09-04855 CONDITIONS (Continued) DETERM#IA~TION AND E~_ENT OF UABILrrY This po~J~ 18 a contract of~ismnib/~galnat actual monetary loss or damage Sustained or in~rred by the Insured Ctaimont who has suffered toss or demage~ b~' reason of matters insured against by this policy. ~' (a) The extent of liability of the Company fur Joss or damage under this pOliCy shaif nnt excoed.the issser of (i} the Amount of Insurance; or (ii) tho diffmense bellmen tho value of the Title as insured and the value of the Tiife subject to the risk insured (b) If the Company pumuas its dghts under Section 5 of these Conditions and is unsuecess~ul in establishing the Tiffs, as insured, (I) the Amount of Insurance shall ho increased by 10%, and (ii) the Insured Clalmast shall have the right to have tho loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and p~d. (c) In addition to the extent of liabiitty udder (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses inCU~TSd in acoordance with Sections 5 and 7 of these Conditions. 9. UMITATION OF MABILITY (a) If the Company establishes the Titlo, or removes the allaged defect, linn, or encumbrance, or cures the lask of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, incluriiag litigation and the combjntlon of any appeals, it shall have fully performed its obligations with respect to that matter and shall not ho liable for any loss or damage ceused to the Insured. (b) In tho event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for lose or damage until the~e has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to tho Title, as insured. (c) The company shall not ho lial~e for loss or damage to the Insured for liability voluntarily assumed by the tosured in settling any c~im or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF MABIUTY All payments under this policy, except payments mede for costs, at~rneys' fees, and expenses, shall reduce the Amount of insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall ho reduced by any amount the Company pays 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 executed by an Insured after Date of Policy and which is a cherga or lien on tim Tttin, and the amount so paid shag ho deemed a payment to the Insured under this 12. PAYMENT OF LOSS Whan liability and tho extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shag ho made within 30 days. v 13. RIGHT~ OF RECOVERY UPON PAYMENT OR St=l H.EMENT (a) Whoneve~ the C~mpany shall have settled and paid a claim under this policy, If shall be subrogated and entitled to the itghts of the Insured Claimant in the Tttle and all other itghts end remedies ie respect to the claim that the Insured Claimant has against any person or pmderty, to tho extent of the amount of any loss, ca~ts, attorneys' fees, and expenses paid by the Company. if requested by the Company, tho Insured Claimant shall execute documents to evidence the transfer to the Company of these dghts and remedies. The Insured Claimant shall permit the company to sue, compromise, or se~e in the name of the insured Claimant and to use the name of the Insured Claimant in any transaction or l~igation involving these rights and remedis~. If a payrnant on account of a al;dm does not fully cover tho loss of the Insured Claimant, the Company shall defer the exercise of its dght to mcovor until after the Insured Claimant shall have recovered its loss. (b) The Company's Hgnt of subrogation includes the rights of the Insured to indemnii~s, guarenfies, outer polibias of insurance, or bonds, notwithstanding any terms or cor~ciitions contained [n those insthJments that address subrogation dghts, 14. ARBITRATION Either the Company or the Insured may demand that tho claim or controvemy shall be submitted to arbitratisn pursuant to the Title Insurance Arbitration Rules of the American Land Tttle Assoclal~on ('Ru~se'). Except as provided in the Raise, there shall ho no jalnder or senselidetion with claims er controversies of other-persons. Arb~able matters may include, but are not limited to, any controversy or ciaim between the Company and the Insured arising out of or ralshng to this policy, any service in ser,,flsotion with its issuance or the breach of a policy provision, or to any ofher controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of insurance is $2.,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shell ho arbibated only when agreed to by both the company and the Insured, Arbitration pursuant to this policy and under tho Ruins shall ho binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may ho entered in any court of competent jurisdiction. 15. UABILITY MMITED TO THIS POMCY; POMCY ENTIRE CONTRACT (s) This peiicy together with all endorsements, if any, attached to it hy the Company is the entire policy and centr~st bobr,~sen tho Insured and the Company. In inteq)reflng any peovisic~ of this policy, this pOlicy shall be constmecl as a whole. (b) Any claim of loss or damage that arises out of the status of the '~tle or by asy action asserting such claim shall be resthctod to this policy. (c) Any amendment of or endorsement to this policy must ho in writing and authenticated by an ~lorizecl parson, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this p~icy end is subject to all of its terms and does not (i) modify any of the terms and pmvisin~s of the palicy, (ii) modify any prior endorsement, (ii~) extend the Date of poficy~ or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any p~ovision of this policy, in whole or in part, is ~ invalid or unanforosabin under agpUca~te law, the policy shag ho deemed not to include that provision or such patt hold to be invalid, but all other provisions shall remain in full tome and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has unden,,fltten the risks covered by this policy encl determined the premium charged therefore in raliance upon the taw affecting Interests in real proper~ and ap~icatde to the interpretation, rights, remedies, or anforcemant of peliclas of ttIfe insurance of the Justsriictlon whore the Land is located. Therefore, the court er as arbitrator shall apply the law of the jurisdiction where the Land is located to datermine the validity of claims against the Titin that are adverse to the insured and to inteq)ret antt enforce the terms of this policy. In neither case shall the court or arbttrater apply its conttic~s of law principles to determine the applicoble law. (c) Choice of Forum: Any litigation or other proceeding bmugnt by the Insured against Ihs Company must be flind any in a state or federal court within the United States of America or its tenitndas having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or staterrmnt in wntir~ required to be given to the Company unde~ this poficy ~must be given to the Company at Claims Dep;ulment at 300 East 42r~ St, 10 Floor, New York, NY 10017. I Page 4 Serial No,: O-8911-487781 File No.: ST09-04855 N Y S M K T S A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ~ /~-~ acres of active farmland and/or -' acres of non-farmland, situated at Suffolk County Tax Map No. p/o 1000-120-3-11.11 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. Proi~ct Sponsor Landowner  P & E, LLC SCOTT A. RUSSELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 PETER HARBES, Managing Member 5645 Aldrich Lane Laurel, NY 11948 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the ,.~/~'day of .,~z£~- , 2009, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence tobe 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. Notary Public STATE OF M~.z~ ?~ ) COUNTY Of ,~'~z.K' ) )SS: PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, ~..~/,/ On the ~{'/~ day of ~Z/.f.d~.~__, 2009, before me personally appeared PETER HARBES, 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 her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L, FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires Aprit 24, ~-¢~// Division of A~ricultural Protect/on and Deve~pment Serv/ces 518-457-7076 Fax. 518-457-2716 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York t2235 November 13, 2009 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re.' Dear Ms. Spiro: Waiver - Suffolk County Agricultural District #1 - Acquisition of Land The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisifion'of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Peter Harbes Managing Member P & E, LLC The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair File: AP09/055-W NOV 18 2009 DEP'~ O,~ LANO PRESERVATION 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 October 16, 2009 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 P&E LLC to TOWN OF SOUTHOLD Part of SCTM #1000w120.-3-11.11 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell and Peter Harbes, Managing Member of P&E, LLC, at the time of closing on a development rights easement on active farmland formerly identified as part of SCTM #1000-120.-3-11.11. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: P&E, LLC Town of Southold 10/15/2009 D00012603 145 5655 Aldrich Lane, Laurel 18.3780 acres p/o 1000-120.00-03.00-011.011 n/k/a 1000-120.00-03.00-011.015 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opporttmity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation ~Division of Lands & Forests ureau of Real Property, 5th Floor 625 Broadway, Albany, NeWyork 12233~4256 Phone: (518) 402-9442 · FAX: (518) 402-9028 Website: www.dec.state.ny.us Alexander B. Grannis Commissione~ October 23, 2009 Melissa Spiro Dept. of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 524 Grantor: P&E LLC Liber: D00012603 Page: 145 The conservation easement cited above has been so identified for our indexing and filing purposeS. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property 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 October 28, 2009 Peter Harbes, Managing Member P&E, LLC 5645 Aldrich Lane Laurel, NY 11948 Re~ NYSDEC Conservation Easements Registry CE: Suffolk 524 SCTM #1000-120.-3-11.15 Dear Mr. Harbes: Please be advised that the Town's purchase of a development rights easemem on property located at 5655 Aldrich Lane in Laurel has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 524. IVery truly yours, Melanie Do osk~.9~ Sr. Administrative Assistant enclosures 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 October 16, 2009 NYSDEC Bureau of Real Property 625 Broadway, 5t~ Floor Albany, NY 12233-4256 Attention: Re: Tiur Reynolds Conservation Easements Registry P&E~ LLC to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a certified copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: L1BER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: P&E, LLC Town of Southold October 15, 2009 D00012603 145 5655 Aldrich Lane, Laurel 18.3780 acres p/o 1000-120.00-03.00-011.011 n/k/a 1000-120.00-03.00-011.015 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Peter Harbes, Managing Member w/enc. P&E, LLC - 5645 Aldrich Lane, Laurel, NY 11948 P R O P E R T Y R E C O R D S P&E LLC to TOWN OF SOUTHOLD 18.3780 acres - Development Rights Easement Premises: 5655 Aldrich Lane, Laurel Part of SCTM #1000-120.-3-11.11 Closing took place on Monday, August 31, 2009 Land Preservation Department Southold Town Hall Annex (from left to right) Peter Harbes Russell MEL1SSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, Ny 11971-0959 TO: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator August 31, 2009 P&E LLC to TOWN OF SOUTHOLD plo SCTM #1000-120.-3-1 '1.t t Tax Assessors Building Department Data Processing Town Comptroller Stewardship Managers Pecenic Land Trust, Inc. The Nature Conservancy Please be advised that the Town has acquired a development rights easement on the agricultural property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 5655 Aldrich Lane, Laurel SCTM #: part of 1000-120.-3-11.11 PROPERTY OWNER: P&E LLC (Peter Harbes) PURCHASE DATE: Monday, August 31, 2009 PURCHASEPRICE: $1,082,659.50 (based on 16.6563 buildable acres @ $65,000/buildabie acre) TOTAL PARCEL ACREAGE: 22.1659 acres EASEMENT ACREAGE: 18.3780 acres (includes 1.7217 acres of required subdivision open space as set forth in Planning Board resolution adopted 8/10/09) RESERVED AREA: 3.7879 acres (ODA) ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: This property is listed on the Community Preservation Project Plan list. It is located to the north of Town preserved farmland that is also owned by Peter Harbes. Planning Board granted sketch plan approval for Conservation Subdivision on 8/10/09.The Town Board adopted a resolution on 8/25/09 accepting landowners petition and granting approval for an Open Development Area (ODA) on the 3.7879 acres Reserve Area, subject to certain conditions being met. File View Toolbar Help ,:~,, ~MU¢: ~00 :: := ~e~: 829 .* ~ ~*~¢$~: SaePrlce Owher : ~pcl~ Id c~ ;- Double click to open a window OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD ACR, 7__Z,! ~ TYPE'OF BLD. LAND IMP. PROP. CLASS TOTAL DATE f! FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLANC HOuSE/LOT SUFFOLK CO~qTY CLERK RECORDB OFFICE RECORDING PAGB Number of Pages: 3 ReceLpt ~--~r : 06-0082519 '~J~BFF,~ TAX NI~4B~R: 06-02848 1000 120.00 Deed Amoun=: Recorded: LIBER: PAGE: Block: 03.00 W"~2~fl:Iq'BDAHI) C~%RGBDAH FOLLOMH Sp. OO 08/22/2006 03~17:58 PM Received ~ho Follow~ng Fees Fo=Above Rx~m~.t TAX NOH~ERt 06-02848 TH~8 PM3R IS A PART OF ~'~ ~TRDMENT THIS IB NOT A B/LT. Jud/~hA. Pegoele County Clerk, Su££olk Cou~t=y' D00012465 829 011.011 $5.00 NO $15.00 NO $16S.00 NO $0.00 NO $0.00 N0 $0.00 NO $239,00 I ~0 CONSIDERATION DbL: I1~0 Sic.: I~O. lO Quitclaim Deed 'This Indcom~e, nude tho 2~fld da), Gl' Jun~, Two 'Fhom~ and Six BFFWKEN iqLTER HARBES. suiding at 935 Laumlwcxal Drive, Lmffd. New Yod~ 11948 WI'LA~IKSSKTIL ~ (he ~ of 'he tim Mn. in conslde .r~lon o1' Ton Dolin~ and other vnlanble coGsidermion paid by the paW/of the.ercono pa~ doe~ he.by pan! and ,~lcase unto dm pafly of,he second pail, tho hms or succeeson and assigns or ALL tht cet~in ~oi. piece of p~:el of Inad with thc bo: ,Min~ nod d~reon e~cud, strum, lying ~d baln~ In dm Hunde~ cd* Mm~uck, Town of ~onmy of Suffolk~ Stm~ al'New Y.ofl~ BF~iNNING at the palm on tho wasl~y line of Aldrich Lane, .200..0 feel ~o .~rl.y from the noflheastefly comer of land of Bakowskl. said point of ~gm~. ng.nam.g me . anrtheastefly comer of Mo~ E and thc saucily corner of the i~enases harem described mnalng thence along Plot E.5.71'31 30" W. =.1523.20 feet to land of Bi~, ' E: thence along todd land and along Iud of Fox N. 19'45 00"~W.642.0. feet to. land of Ku.hiwski; thcoco olna~ said land N.'/3 31 'E. - 340.47 f.~. to Plot A: mcgee ntnag . Hms A, B nflcl C N.71 31*30'E. - 1188.~6 feet to Aldrich Lane; thence along Aldrich twO COOrSas: l) S.21'55'20'E.- 149.39 fect~tbcoco 2) S. I 8'25'20'E. - 480.88 fe~t to the point of begicoing. Containing 22.166 BEING AND INTENDED TO BF, the same premises convoyed to Ibe,?.runtor by Deed doled December 17, 199.J and recorded in tho Suffolk County Clerk o Olfine off December ~0, 1992 in Uber 11656 page 837. 'Fbe 8fore,said Ixircel was c~m~d by vlflue of a resolution adopted by the Town of Sonthold Manning Bna~ held on May 24, i993. Togelher with oil dghl, lido and inlercs~o If an~., of tho part~ or tho first pail in and any slrneis and roads abuniog the above-cle~nbed p~mis~s to tho center lines Iben:ot: 'ogether with thc nppuflcoanees and nil L~e eeute and rights of dm party of the first at~ in ami to asid pfemiees: 'o have and to hold th~ p~mLqan herein ]~mnted unto the j~rty of the second ~ the heir3 or suc~-c,,~ and assigns of the pony of tho second Im~ f~rever. And the pafly of the tim pm onvcoanls that dm pafly oftbe first pan has nm done or suffered anything wbe~by the said premtses have been uncomhered in any wa), whatever, except as nforesald. And the pafly of the first pail, in compliance with Section 13 of the Lien covenants thst thc party of the firm pail will receive the eoasldemlion for this conveyance and will hold the right to rccet~,~ such con~derution Lq ~l mlsi fund to be applied tim for lh~ parpo~e of paying tho cost of Iml~ovemant .and will apply the esme firm to the paymeet of the cost of tl~ imptoven~nt hefore asmg any pan of the ~lal ofth.e same for any other purpoas. The word "pony." shall be certain)cd as if it ~ed 'pemas' whenever Ihe s~ of Ibis indentore so ~:lm~s. I In Wimess Whereof, the parr/of thc first pa~ h~s duly ex~cutcd ~his Decal the day and year tim ebove wdt~. IN PRESENCE OF: STATE OF Ni~V YORK) COUNTY OFSUFFOLK) ss.: P,~TURN BY IVIAIL TO: Twome).. I.d,,a m. Sh~l ,~, Kelley,, LiP 33 We~ Secoad Stret'l P.O. Bo~ 398 RlverhauJ. New Ym'k I IgOI Pagc 2 or'2 I~ges A E R I A L S I I I I ! ! ! ! 1994 Aerial Photograph I I I I I ! ! ! ,,. !NQU~RY #: 1608761 6 YEAR: 1980 1980 Aerial Photograph ! I I I I I I : ! ! ! ! ! ! *~ = 750' 1976 Aerial Photograph ! '1 i I I I ! ! ! ! ! ! ,,. ! INOUfRY #: 1608761.6 I - 833 1969 Aerial Photograph I I I I I I ! ! ! ,,. 1957 Aerial Photograph I I I I I I ,,. ! 1938 Aerial Photograph S U R V E Y E o~. ^0x ~0 .~.~0 N.¥.5. PLANE NAP ,DS N E 5I ~ ,- 12ATA AU8 31 2009 DEPT OF LAND FINAL SURVEY ~U~.Vt~¥O~'~ OtE~.TI~=IGATION tO".. TO~N O~= ot /our'®l, Town o~ ~out;hold A E R I A L M A P P&E LLC Town Development Rights Purchase Map Prepared by Town of Southo~d G~S June 29, 2009 P& E L~C