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HomeMy WebLinkAboutZip Peconic Wells, LLC1000-86-1-10.12 (f/k/a 1000-86-1-p/o 10.9) Baseline Documentation Premises: 2350 Wells Road, Peconic 29.0426 acres Development Rights Easement ZIP PECONIC WELLS, LLC to TOWN OF SOUTHOLD Easement dated August 3, 2010 Recorded August 16. 2010 Suffolk County Clerk - Liber D00012634, Page 587 SCTM #: Premises: 1000-86-1-10.12 (f/k/a 1000-86-1-p/o 10.9) 2350 Wells Road Hamlet: Peconic Purchase Price: Funding: $2,410,535.80 (29.0426 buildable acres $83,000/acre) Community Preservation Fund (2% land bank) and Bond Grant Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Agricultural Structure Area: Zoned: $990,000 USDA-NRCS FRPP awarded federal grant Yes 29.0426 acres Lot #3 on proposed subdivision of ZIP Peconic Wells, LLC 29.0426 easement acres 1.0 acre within easement (northwesterly corner) R-80 Existing Improvements: In July 2010 - sod farm; irrigation well & pump in southwesterly corner INTRODUCTION 15 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 southwesterly comer of the intersection of Main Road (S.R.25) and Wells Road in the hamlet of Peconic, Town of Southold, County of Suffolk, State of New York. The subject property that is the subject of this appraisal has land area of 30 acres and is irregular in shape. The parcel has approximately 820 feet of frontage on Main Road (S.R.25) and 2,084 feet of frontage on Wells Road. The subject property lies in the R-80 residential zoning district of the Town of Southold. The site is level and covered with grass. 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 Main Road (S.R. 25) and Wells Road. The subject property appears to be within 500 feet of a flood hazard according to the flood map # 36103C0162G dated 5/4/1998. BRUNSWICK APPRAISAL CORP. A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, October 16, 2007 at 7:00 p.m Membem Present: John Sepenoski, Chairman Ray Huntington Lil~ian Ball (left 9:37 p.m.) Monica Harbes (7:21 p.m.) Members Absent: Michelle Zaloom Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Tim Caufield, Vice President of Peconic Land Trust Al Krupski, Town Board Liaison (8:03 p.m.) Commencement: · The meeting began at 7:22 p.m. with four LPC members present. Chris Baiz (9:47 p.m.) Eric Keil (7:46 p.m.) Excerpt from 101'16/2007 LPC adopted meetin.q minutes ZIP PECONIC WELLS LLC PROPERTY SCTM #: 1000-86~1-10.9 Zoned: R-80 Location: 2350 Wells Rd, Peconic CPF: Yes Total Acreage: 32.83 acres (GIS 33.29 acres) Subdividable: Yes New application. Melissa's staff report dated 10/16/07 distributed and reviewed, Landowner has offered 30 acre development rights easement to the Town with proposal for two 1+ acre lots at southerly end of properly. Lots of approximately 1 acre each would be stacked in flag formation. MOTION made by Eric Keil, seconded by Chris Baiz, to direct Melissa Spiro to commission an appraisal on Zip Peconic Wells LLC Property allowing for 2% ag structures to be located at southerly end of parcel adjacent to the location of two proposed lots to be created. Purpose of acquistion of this development rights easement would be for farmland & scenic view protection. Motion carried: 5/0 Lillian Ball absent from vote, LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, January 26, 2010 at 7:00 p.m. Members Present: Members Absent: Also present: John Sepenoski, Chairman (7:30 p.m. - purposely late to avoid being present for Conway & Droskoski property discussion items that are a conflict of interest due to Chairman's family relationship to property owners) Ray Huntington Maureen Cullinane Lillian Ball (7:15 p.m.) Eric Keil (left 8:15 p.m.) Chris Baiz Monica Harbes Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Commencement: · The meeting began at 7:05 p.m. with four LPC members present. Excerpt from 112612010 LPC adopted meetinq minutes o Status of FY2007 award ZIP Realty- waiting for contract amendment from USDA-NRCS. Appraisal is greater than 12 months old and will not comply with federal standards. Appraisal needs to be revised to comply with federal appraisal specifications and updated to within 12 months of closing timeframe to be accepted by federal program. Town is in contract to purchase. Federal grant will allow for Town purchasing at contracted price and grant funding 50% of the appraised value. P R 0 P E R T Y V I S U A L S I I I I I I I I 1 ! ! ! ~TRODUCTION I AERIAL VIEW OF SUBJECT PROPERTY Facing subject property at the intersection of Main Road and Wells Road BRUNSWICK APPRAISAL CORP. I I I I I I I I I I ! I INTRODUCTION 2 I PHOTOGRAPH OF SUBJECT PROPERTY Street scene of Main Road facing east at the Wells Road intersection Street scene of Wells Road facing south at the Main Road intersection BRUNSWICK APPRAISAL CORP. INTRODUCTION 14 Neighborhood Map I BRUNSWICK APPRAISAL CORP. I I I I I I I ! ! I ! ! ~TRODUCT1ON 18 District 1000 Section 86 Block 1 p/o Lot 10.009 I BRUNSWICK APPRAISAL CORP. E N V I R 0 N M E N T A L S U M M A R Y New York ,q~ Deparb~ertt cfi En¥ironm~l ¢on.ervatl~n 26, 2008 Wells Pmpa*ry Nelso~ LLC Re.~ ~lll~ 0806093. Co. er of Welh Road a~l Msia Dear Mr. ~Pun Conservation 0339, SLt~Iy, En'~roam~tsl Pro.'em ~,peo~allst I cc; t,], Cirrlto, NYSDF. C S. M~Gtna, NP&¥ Phase I Environmental Site Assessment ZIP Peconic Wells Property Peconic, New York NP&V Job# 08186 August 22, 2008 CONFIDENTIAL AND PRIVILEGED AUG 2 8 2OO8 DEPT. OF LAND PRESERVATION Phase I Environmental Site Assessment ZIP Peconic Wells Property 1.0 .SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Peconic, Town of Southold, County of Suffolk, New York. The subject property consists of an approximately 30 acre parcel of farmland located at the southwest corner of Wells Road and Main Street. The property is more particularly described as Suffolk County Tax Map # 1000-086-01-p/o 10.9. The subject property consists of active farmland. An irrigation well is located in the southwestern portion of the property. Staining was observed in the location of the former pump engine. Irrigation pipes, wooden palettes and railroad ties were observed in the general area of the irrigation well. No structures, foundations, odors, staining or stressed vegetation were observed elsewhere on the subject propc~*y except as described. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1954, 1969, 1976, 1985, 1994 and 2006 were reviewed in order to determine if any prior uses occupied the subject property. The area of the subject property consisted-of farmland from the 1938 aerial photograph until present. Structures were observed at the northwest corner of the property in the 1938 and 1954 aerial photographs. This area was the subject of plowing and tilling since prior to 1969; therefore, no subsurface structures are expected: An extensive govcn-mnent records search found no potential sources of environmental degradation on the subject propc~y. Several State and County documented regulated sites was noted in the vicinity of the subject property. Specifically, two (2) closed spill incidents and two (2) LUST incidents are located within one-half (0.5) mile of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. ZIP Peconic Wells Property, Peconic Phase I ESA A spill should be reported to the NYSDEC Spill Hotline for the area around the irrigation well pump engine and the stained soils should be cleaned up in accordance with NYSDEC guidelines. If the property is to be developed for residential purposes in the future, soils samples should be collected and analyzed for the presence of pesticides and heavy metals. Page 2 of 23 mm mm mm m m m mm m mm m mmm mm m mm ZIP Peconic Wells Property, Peconic NP&V #08186 Debris observed on property Typical View Of property View north along eastern prOperty boundary m m mm F~m m m m m mm mm m mm mmm m m mmmmm mm ZIP Peconic Wells Property, Peconic NP&V #08186 View south of subject property Debris observed on property Staining observed on property FIGURE 1 LOCATION MAP Source: DeLorme Street Atlas Scale: NTS NORTH + zip Pecon~c Well Prope~ FZGURE 2 AERTAL PHOTOGRAPH Som'ce: NYSGIS Orthoimagm¢, Program, 2004 Scale: I" = 300' NORTII + We~ Prope~', P,econ~c FZGURE 3 LAND USE MAP Source: NYSGIS Orthoimagery Progral'~, 2004 Scale: 1" = 800' NORTH + R FIGURE 4 ZONI'NG MAP Source: Town of Southold Zoning Map Scale: t" = 800' Zone De$crip~io_n AC Agricultural C~_ervatton R-40 Residentis Low Deneity AA R-80 Reeidentis Low Density A R-120 Residential Low Density B Resideneal LOW Deneity R-400 ~esidential Low Deneity D HD damlet Der~ ~i?~: _~ _es)_d ent ia AHD Affordable Housing Distrid Reso~Residentiai Reaidendal/Office HB Hamlet Business LB Limited Busines~ B General Business Mt Madne I Marine LIO Light Industrial/O~ce Park Light Indusbial NORTH + ZIP Pecon~c We~ Proper~y, Pecon~c Phase [ ESA I I I I i I ! HaB F~GURE SO:iLS Som'ce: Suffolk County Soil Smwey Scale: I" = 750' NORTH + Z:~P Pecon~c W~ Property, I I I I I I SOL FIGURE 6 TOPOGRAPHIC MAP Source: USGS Topographic Maps, Southold Quadrangle NORTIIt Scale: 1" = 800' ~ T ZIP Pecon~c Well Proper~y, Pecon~c I I I I I I I I 3 370 U53324 57,}0 S16780 3580 s883-~ 724 FZGURE 7 WATER TAI3LE MAP Som'ce: USGS Water Resources inventory Map, 2000 Scale: 1" = 8,000' NORTH + I I I S58(~O5$ I I 27 48 \ / S46529 015 16 ZIP P~con~c Phas~ I ~C©NIC \ I,3, I I /' ? FIGLIRE $ WATER MAIN MAP Source: SCWA Water Main Distribution Map, 2005 Scale: NTS NORTII + ZIP Peconic Well Prop~r~:y~ P~con~c I I I FIGURE 9 NYSDEC FRESHWATER WETLANDS MAP Source: NYSDEC Freshwater Wetlands Map, Southold Quadrangle Scale: 1"= 1,000' NORTH + ZIP P~conac W~I Prop~r~y; P~con~c ZONE Toi FTGURE 10 FLOOD MAP $om'ce: FEMA Flood Map, Panel t62 Scale: I" = 700' NORTII + ZZP Peconac We~ Prop~r~ P;~as~ I ESA OVERVIEW MAP - 2292686.2s · - Target Property · Sites at elevations higher than or equal to the target property · Sites at elevations lower than the target property J. Manufactured Gas Plants ~ National Priority List Sites ~-? Dept. Defense Sites ITE NAME: ZIP Peconic Wells Property DDRESS: 2350 Wells Road Peconic NY 11958 LAT/LONG: 41.0415172-4521 114 1/2 ~' indian Reservations BIA ~'~/ Oil & Gas pipelines ~ 100-year flood zone ~ 500-year flood zone ] NationaIWetlandlnventory [] State Wetlands This report includes Interactive Map Layers to d splay and/or hide map information. Tho legend includes only those cons for the default map view. QENT: Nelson, Pope & Voorhis LLC NTACT: Mar/ssa Da Breo UIRY #; 2292686.2s ~ ~)~,TTE-, August 14, 2008 3:56 pm DETAIL MAP - 2292686.2s / / Sites at elevations higher than or equa~ to the target property Sites at e~eva tlona ~ower than ~he target property Manufactured Gas Plants Sensitive Receptors National Priority Ust Sites Dept. Defense Sites i- -~ Indian Reservations /~ Oil & Gas pipelines ~ 100-year flood zone ~ 500-year flood zone ] NationaIWetland Inventory ~ Stale Wetlands ~ NAME: ZIP Peconic Wells Pro ~[3RESs: 2350 Wells Road perry '~T Pecon~c NY 11958 ~~-0415,72.4521 % This report inclucies nteractive Map Layers display and/or hide map inlormation. The legendlncludes only those Icons for lhe de/aul! map view. _ Nelson Pope & Voorh s LLC I I~N?_U_IRY #: 2292686.2s ~-~008 3:56 pm SSURGO SOIL MAP - 2292686.2s '~ Target Property /"j SSURGO Soil ,.", / Water 5 7 NAME: ZIP Peconic Wells Property IADDRESS: 2350Wells Road ~NG: Pecontc NY 11958 41.0415 / 72.4521 ICLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#; 2292686.2s DATE: August 14, 2008 3:56 pm PHYSICAL SETTING SOURCE MAP - 2292686.2s ~/ County Boundary I /V Major Roads (~) Earthquake epicenter, Richter B or greater I (~ Water Wells ~ Public Water Supply Wells ~ Cluster o! Multiple icons Groundwater Flow Direction Indeterminate Groundwater Flow at Location Gtc undwater Flow Varies at Location Closest Hydrogeological Data Oil, gas or related wells SITE NAME: ZIP Peconic Wells Property ADDRESS: 2350 Wells Road Peconic NY 11958 LAT/LONG: 41.0415 / 72.4521 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 2292686.2s DATE: August 14, 2008 3:56 pm P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of July 15, 2008 RESOLUTION 2008-672 ADOPTED Item # DOC ID: 4022 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-672 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ July 29~ 2008~ at 4:50 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 ZIP Peconic Wells~ LLC, Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York. The property is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement consisting of approximately 304- acres (subject to survey) on the 32.83± acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. The property is listed on the own s Commumty Preservation Project Plan as property that should be preserved due to its agricultural value; 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickh~m, Evans, Russell Generated July 17, 2008 Page 19 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 Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 29~ 2008~ at 4:50 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 ZIP Peconic Wells~ LLC. Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York. The property is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement consisting of approximately 30± acres (subject to survey) on the 32.83± acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; 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. Dated: July 15, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JULY 24, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING July 29, 2008 4:50 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman Vincent Orlando Absent: Councilman William Ruland This hearing was called to order at 5:54 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 29~ 2008~ at 4:50 p.m.~ Southold Town Italk 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on propert~ owned by ZIP Peconic Wells~ LLC. Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York. The property is located at the southwest comer of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement consisting of approximately 304- acres (subject to survey) on the 32.834- acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement Will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; 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 in the file a short environmental assessment form, duly filed and signed and a notice that this public hearing has been duly printed as a legal in the local newspaper and it also has appeared on the Town Clerk's bulletin board out here in the hallway. ZIP Peconic Wells DRE Public Hearing 2 July 29, 2008 SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? State your name, please. MELISSA SPIRO, LAND PRESERVATION COORDiNATOR: Once again, Melissa Spiro, Land Preservation Coordinator. As noted, this hearing is for the Town's purchase of an easement on approximately 30 acres of a 32.8 acre farm. The farm had been leased and is leased for sod and it has been that for quite a while. It is currently planted in buckwheat, which I heard was mowed today. The landowner is reserving approximately three acres from the easement. The reserved area is located off Wells Avenue on the south side of the property. You can see it on the aerial map with the little white dots. The landowner intends to go before the Planning Board to obtain an approval for a conservation subdivision for two residential lots within that reserved area. The farm includes both agricultural and scenic values and it contains a significant amount of road frontage on both Main Road and Wells Avenue. The Committee worked with the landowner in order to preserve the scenic view shed in addition to preserving the property for agricultural purposes. The landowner has agreed to limit any future agricultural structures to one of two areas, either within a one acre area on the northwest side of the property or within a one acre area on the southeast side of the property on Wells Avenue. Agricultural structures will be in these areas, in either one of these areas, will additionally be limited to lot coverage of no greater than two pement of the entire easement area. The farm is made up of prime ag soils and it is adjacent to 37 acres of land which is already protected with a Town development rights easement. The preservation of this property will extend that block of farmland to the east. The property acquisition will be funded from the Community Preservation Fund and as mentioned, the Town may be eligible for a grant from the federal government or the farm and ranchland protection program. That would account for 50% of the purchase price. The Committee and I both support the project and as usual, we thank the landowner for allowing us to proceed with this. COUNCILMAN WICKHAM: Do we know who the landowner is? MS. SPIRO: The landowner's name is Lloyd Zuckerberg. That may be where the Z comes from, I am not sure. It is in an LLC. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this acquisition? (No response) Okay, let's close the hearing. This hearing was closed at 5:58 PM Elizabeth A. Neville Southold Town Clerk ZIP Peconic Wells DRE Public Hearing 3 July 29, 2008 This hearing was closed at 5:58 PM Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N Southold Town Board - Letter RESOLUTION 2008-745 ADOPTED Board Meeting of July 29, 2008 Item # DOC ID: 4051 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-745 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property owned by ZIP Peconic Wells, 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- 86-l-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-8'0 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± 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 $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs; now, 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: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland Generated July 30, 2008 Page 51 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION T~ be corn leted b A licant or Project Sponsor} 1. APPLICANT/SPONSOR -- 2. PROJECT NAME 4. PRECISE LOCATION (Street address and road interseclions, prominent landmarks, etc. or provide map) PROPOSED ACTION IS: ~New ~ Expansion ~ Modifl~tion/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially .~,~ aores Ultimately '~' acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTR CTIONS9 [] Yes [] No If No, describe briefly ' 9. VVHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~ Residential [] Industria, ~ Commercial ~ Agriculture [] Park/Forest/Open Space [] Other Describe: 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 agency{s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROV DED A~OVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~'O~,,,"~[L~ T~I.~I~. ~le d Date Slgna ure ~ ~ / oCtii~ in the Coca'Area;and you ar9 a state a ency, complete asta~ Assessment Porto Detore proceeding with t~is assessment the OVER PART II - IMPACT ASSESSMENT_~.(~9_ be co~ A. DOESACTIONEXCEEDANYTYPEITHRESHOLDiN6NYCRR PART6174'~ Ifyes'c°°rdinatethereviewprocessandusetheFULLEAF. ~']Yes [~No ' ' ~ B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by anolher involved agency, E~Yes []No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quaflty, surface or groundwater quality or quantity, noise levels, existing traffic pa[tern, sofid waste production or disposal, potengal for erosion drainage or flooding problems? Exp ain briefly' C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultura resources, or community or neighborhood character? Expla n briefly- C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Expla n briefly: C4. A community's existing plans or goals as official y adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, shod term, cumulative, or other effects not identified n C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or ype of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. 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 adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its Ia) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; Id) irreversibility; (e) geographic scope; and (0 magnitude f necessap7 add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show ha a relevant adverse impacts have been identified and adequately addressed. If question D of Pad fi was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CE/ ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL~ ~ ~hAeFc:~i~rb~fpya°'~haaPv:S~tV;rdm~le~'~;sn~don he n~~rma~I~nandana~~s~sab~veandanysupp~rfingd~cumen~at~~n~that~he~r~p~sedac~~~nW~L~ NOT result in any significant adverse environmenlal impacts AND provide, on attachments as necessary, Ihe reasons supporting this determinafior Name of Lead Agency Date S'gna[l~Ce of Responsibl~Officer in Lead Agency Titl, e of onsible Officer - reparer (If/different from responsible officer) P U R C H A S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting of July 29, 2008 RESOLUTION 2008-750 ADOPTED Item # DOC ID: 4052 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-750 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by ZIP Peconic Wells, LLC on the 29th day of July, 2008, 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 #1000-86-I-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± 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 $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community 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 to the Town Board 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 Generated July 30, 2008 Page 69 Southold Town Board - Letter Board Meeting of July 29, 2008 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 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by ZIP Peconic Wells, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± 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 $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Faim and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. 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 hereby determines that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] ' MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Thomas H. Wickham AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland Generated July 30, 2008 Page 70 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fo_x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: July 14, 2008 Re: Town of Southold purchase of development rights easement on property owned by ZIP Peconic Wells, LLC. Location: 2350 Wells Road, Peconic, New York. SCTM# 1000-86-1-10.9 Zoning District A-C The purchase of a development rights easement on property owned by Z~ Peconic Wells, LLC. Said property is identified as part of SCTM #1000-86-1-10.9. The proposed acquisition is for a development rights easement consisting of approximately 30± acres (subject to survey) on the 32.83± 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: Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator JUL 1 4 2008 DEPT OF LAND PRESERVATION C L O S I N G S T A T E M E N T CLOSING STATEMENT ZIP PECONIC WELLS, LLC to TOWN OF SOUTHOLD Total Development Rights Easement- 29.0426 acres Agricultural Structure Area - 1.0 acre within easement area Premises: 2350 Wells Road, Peconic Part of SCTM #1000-86-1-10.9 Closing took place on August 3, 2010 at 11:00 a.m., Southold Town Hall Annex Purchase Price of $ 2,410,535.80' (based upon 29.0426 buildable acres @ $83,000/buildable acre) disbursed as follows: Payable to ZIP Peconic Wells, LLC $ 2,407,535.80 Check #106360 (8/3/10) Payable to ZIP Peconic Wells, LLC $ 3,000.00** Check #106359 (813110) *eligible for partial reimbursement from USDA-NRCS awarded grant 73-2C31-7-00956 ($990,000) **to be held in escrow until boundary line agreement is recorded Expenses of Closing: Appraisal, Revisions & Report Payable to Brunswick Appraisal Corp. Check #93937 (12/18/07) Payable to Brunswick Appraisal Corp. Check #104655 (3/23/10) Payable to Brunswick Appraisal Corp. Check #106415 (8/10110) $ 2,800.00 $ 1,000.00 $ 2,500.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #97901 (9~23~08) $ 1,400.00 Title Report (title #ST0-801136) Payable to Stewart Title Insurance Company Check #106358 (8/3/10) Title insurance policy $ 9672 Recording easement $ 225 Certified Copy $ 100 Recording boundaryline agmt $ 175 $ 10,172.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #106357 (8/3/10) $ 100.00 Those present at Closing: Scoff A. Russell Lisa Clare Kombrink, Esq. Charles R. Cuddy, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWN OF SOUTHOLD VENDOR 025182 ZIP PECONIC WELLS, LLC 08/03/2010 CHECK 106360 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT H2 H3 .8686.2.000.000 .8660.2.600.100 TBR750 080310A TBR750 080310C PURCHASE PRICE-ZIP WELLS 648,691.04 PURCHASE PRICE-ZIp WEL 1,758,844.76 TOTAL 2,407,535.80 TOWN OF SOUTHOLD VENDOR 025181 ZIP PECONIC WELLS, LLC FUND & ACCOUNT P.O.# INVOICE 08/03/2010 CHECK [106359 H3 .8660.2.600.100 TBS750 0~0310B DESCRIPTION /-~ AMOUNT PURCHASE PRICE BAL-WELLS 3,000.00 TOTAL 3,000.00 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 7 HUNTINGTON, NEW YORK 11743 (631) 421-2344 FAX (631) 424-9246 E-Mail: Bnmswickappmisalcorp~MSN.com Sanford S. Brunswick Elinor Brunswick, MAI State Certified General Appraisers Armand Brunswick, MAI 18814960 November 26, 2007 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York t 1971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator Fee Title Open Space/Development Rights Easement Acquisition Zip Peeonic Wells, LLC Property Location: 2350 Wells Road, Peconic INVOICE# 1000-01 Real Estate Appraisal $2,800 Thank you YoRK 11971 mPOg:lq%?,' m-'O2&l, OSI, rat, m: r.:~ 000001, 0~' ~NDOR 00~,409 'R.T,TRI'OR RRILRNWTP~. MAT H2 .8686.~.000.000 II,"JC I OD. 1000-01 APPRAISAL-2350WELLS 2,800.00 TOTAL 2,800.00 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 8 HUNTINGTON, NEW YORK 11743 (631 ) 42 t-2344 FAX (63 I) 424-9246 E-Mail: Bmnswickappraisalcorp~MSN corn Sanford S. Brunswick Elinor Brunswick, MAI State Certified General Appraisers Armand Brunswick, MAI 1881-1960 February 16, 2010 Town of Southold Department 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 Fee Title Open Space/Development Rights Easement Acquisition Zip Peconic Wells, LLC Property Location: 2350 Wells Road, Peconic INVOICE# 1000-14 Real Estate Appraisal $1,000 Thank you TOWN OF $OUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 03/23/2010 CHECK 104655 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 20141 1000-14 APPRAISAL-ZIp PEC WELLS 1,000.00 TOTAL 1,000.00 r~ oo°oo~. 61, BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 8 HUNTINGTON, NEW YORK 11743 (631) 421-2344 FAX (631 ) 424-9246 E-Mail: elinor@bnmswickapPraisl.com Sanford S. Bnmswick Elinor Brunswick, MAI State Certified General Appraisers July 9, 2010 Armand Bnmswick, MAI 1881-1960 Town of Southold Department 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 Fee Title Open Space/Development Rights Easement Acquisition Zip Peeonic Wells, LLC Property Location: 2350 Wells Road, Peconic INVOICE# 1000~15 Revised Real Estate Appraisal $2,500 Thank you Il[PI'. OF PRES£RVATIOI~ ,,, , TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 08/10/2010 CHECK 106415 FUND & ACCOUNT P.O.# X~n;OICE DESCRIPTION AMOUNT H3 .8660.2.500.200 21558 1000-15 REV ~%PPR-ZIP PEC WELLS 2,500.00 TOTAL 2,500.00 g5 O000D~, 0,,'~ ' ..Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 08186 Project: VA02702 Phase I ESA (ZIP Peconic Wells) Manager: McGinn, Steven To; Town of Southold Del)t of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 6081 Invoice Date: September 10, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,400. O0 Purchase Order #18890 - SCTM #1000-86-1-10.9 Contract dated July I 1, 2008 Item #1: Prepare Phase I Environmental Site Assessment Work Performed thru 8/27/08 Contract Amount: $1,400.00 Percent Complete: 100.00a/~ Fee Famed: $1,400.00 Prior Fee Billings: $0.00 Current Fee Total: $1,400.00 *** Total Project Invoice Amount $1,400.00 Please make all checks payable to NEI~SON POPE & FOORHI$ Please include invoice number on cllecl~ NELSON POPE & VOORH1S NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS TOWN OF SOUTHOLD ~rENDOR 014161 NELSON, POPE & VOORHIS, LLC 09/23/2008 CHECK 97901 FL~D & ACCODNT P. 0. ~ INVOICE DESCRIPTION DJ4OUNT H3 .8660.2.600.100 H3 .8660.2.600.100 18889 6080 PHASE 1-SEPENOSKI 1,400.00 18890 6081 PHASE 1-ZIP PEC WELLS 1,400.00 TOTAL 2, 800.00 STEWART TITLE INSURANCE COMPANY 707 Westchester Avenue, Suite 411, White Plains, New York 10604 Phone: 800-433-4698 or 914-993-9393 Fax: 914-997-1698 Ti.eNo. 5~ FEE INSURANCE COVERAGE ~,~ ~/0,~-~ · ~) PREMIUM $ FAIR MARKET VALUE RIDER fOotional} PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE BANKRUPTCY SEARCH RECORDING ~EES: · # u 0 ( ) SATISFACTION(S) ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) ASSIGNMENT(S) . TOT~ cmatGEs S /Vt/7~ ,VO CLOSER CHARGES, IF ANY: PICK-UP FEE OT.ER: ~ ~-2x PATRICIA L. FALLON Title Closer TOWN OF SOUTHOLD VENDOR 019624 STEWART TITLE INSURANCE CO. 08/03/2010 CHECK 106358 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.60~0.100 H3 .8660.2.60D.100 H3 .8660.2.600.100 TBR750 ST0-801136 TBR750 ST0-801136 TBR750 ST0-801136 TBR750 ST0-801136 TITLE INS-ZIP WELLS 9,672.00 EASEMENT FEE-ZIP WELLS 225.00 CERT.COPY -ZIP WELLS 100.00 BNDRY LINE FEE-ZIP WELLS 175.00 10,172.00 TOWN OF SOUIItOLD ~ VE~OR 006013 PATRICIA FALLoN ~FUND & A~COUNT IJH3 .~660.2.600.100 -~08/03/2010 CHECK 106357 P.O.# INVOICE DESCRIPTION AMOUNT TBR750 ST0-801136 TITLE ~LOSING-ZIP WELLS 100.00 TOTAL 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 Number of Pages: 30 Receipt N,,mher : 10-0095798 TRANS~R TAX NUMBER: 10-01192 District: 1000 ~edAmount: Recorded: At: LIBER: PAGE: Section: Block: 086.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $2,410,535.80 Received the Following Fees For Above Instrument Exempt Page/Filing $150.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $37.50 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-01192 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 08/16/2010 0[:[9:27 ~H D00012634 587 Lot: 010.012 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $262.50 a~ber of pages (~ This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED 2010 Dug 16 01:19:27 PM JUDITH A, PASCflLE CLERK OF SUFFOLK COUNTV L 000012634 P 587 OT~ 10-01192 Recolding / Filing Stamps 20. 00 Sub Total tge / Filing Fee andling a-584 )ration k~SZ 17 (County) ¥5217 (State) P.T.S .A. )mm. of Ed. 5. 00 ~davit l~S Surcharge ' 15. 00 her Sub Total Ca'and To tatI 10017836 $ooo oe~oo osco 010012 I Dist./ff~0 [ Sectic ,al Property ~ ~ Service Agency ~erificafion Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: P,o,~x //79' ,,.%wrvoz.~, /,7 ~ //¢7/ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkco u ntyny, gov/cle rk Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spcc./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Appoint~l~nt 'IYansfer Tax J~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO ff NO, see appropriate tax clause on page # cfi.this instrumr, am Community Preservation Fund Improved~ Vacant Laad" 7 ] Title Company Information Co. Name ~7'E7,o'~-r- Suffolk County Recording & Endorsement Page This page forms part of the attached ~Ar7' .ob" J~-V~'I,.~PD}Z~W' ~/~/]~ ~,.f~7~J~- madeby: (SPECIFY TYPE OF INSTRUMENT) ~1~0 J~g-oaf/6 /~/E'ZL~, ./_AC_, ,~ ,~'~ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of In the VILLAGE or HAMLET of JgE-~ro/c GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ,~_--~- day of August, 2010, at Southold, New York. The parties are ZIP PECONIC WELLS LLC, c/o Lloyd P. Zuckerberg, 717 Fifth Avenue, 19th floor, New York, NY 10022 (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" or "Local Grantee") and to the UNITED STATES OF AMERICA,~(herein called the "United States"), by and through the United States Department of Agriculture, Natural Resources Conservation Service, acting on behalf of the Commodity Credit Corporation (herein called the "United States"). The Local Grantee and the United States are collectively referred to as the "Grantees", The Grantors and Grantees are collectively referred to as the "Parties". INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-86-1-10.9 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 prepared by Howard W. Young, Licensed Land Surveyor, for Young & Young, dated February 1, 2010, and last revised July 19, 2010 (a reduced 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 R-80 Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements ' on land with prime, unique, or other productive soil for the purpose o~ protecting topsoil from conversion to nonagricultural uses (:~6 U.S.C. 3838h and 38380. Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation has provided $990,000.00 to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District #:t, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as sod crop in rotation with other specialty 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 State 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 substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of Two Million Four Hundred Ten Thousand Five Hundred Thirty-Five and 80/:LO0 DOLLARS 2 ($2,4:~0,535.80) 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 HAVE AND 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: 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, as set forth in Stewart Title Tnsurance Company Title Report ST0-801136 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal 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 by limiting nonagricultural uses of the Property. 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 Recoqnition 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 ("IRC") and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in i(Jentifying 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 Document includes, but need not be limited to, a survey dated February 1, 2010 last revised .luly 19, 2010 prepared by Howard W. Young, Licensed Land Surveyor, for Young & Young, a Phase I Environmental Site Assessment dated August 22, 2008 by Nelson, Pope & Voorhis, LLC, and a letter dated November 26, 2008 from the New York State Department of Environmental Conservation to Nelson, Pope & Voorhis, LLC. 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 In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type 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 Section 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, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, 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 and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. 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 and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for Two Million Four Hundred Ten Thousand Five Hundred Thirty-Five and 80/100 ($ 2,410,535.80) good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures 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. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed, except to construct and maintain the permitted structures and improvements on the Property and for purposes of erOsion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision Except as provided in this Section 3.03, 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 portion 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 and as otherwise required by applicable law, subdivide the property, provided that all resulting parcels contain at least :LO acres of preserved agricultural land subject to a development rights easement. Notwithstanding this Section 3.03, 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. The United States Secretary of Agriculture shall be notified prior to such division or conveyance. 3.04 Dumpinq 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 on the Property, including fertilization, composting and crop removal. 3.05 Siqns 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, utility poles, 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. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 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 301(2)(a)-(j) of the Agriculture and 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 farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production 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 of the NRCS. 3.09 Conservation Plan 9 All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP will assure that selected conservation practice alternatives will prevent sheet and rill erosion from exceeding the current published soil loss tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.:L0 Conservation Compliance Provisions of the Conservation Plan As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan (the "Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on August 3, 2010. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action, if the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, ]0 (b) NRCS has worked with the Grantor to correct such noncompliance, and {c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage 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 the Conservation Plan and in order to control flooding or soil erosion on the Property. 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that 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. l! 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 farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 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. 4.05 Aqricultural Production and Activitie~ Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 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 301(2)(a)-(j) of the Agriculture and Markets Law, 12 now or as such laws and/or Code may be amended. No future restriction 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. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. 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 Section 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 instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 is restricted to the Agricultural Structure Area shown on the Survey, described in Schedule "B" attached and made a part hereof; (ii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Lot coverage shall be limited to 2% of the Property. 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 construction is permitted outside of the Agricultural Structure Area described in this 4.06. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 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 as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture 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 ]4 set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 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'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay al! 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 Liability and Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee, and the United States of America, their employees, agents and assigns from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor further agrees to indemnify and hold harmless Grantee, and the United State of America, their employees, agents and assigns from and against any and all claims, costs, expenses, fines, penalties, assessments, citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of any and all environmentally hazardous or toxic substances or materials whatsoever on or under the Property. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to defend and indemnify the Grantee and hold harmless and indemnify the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by Grantee. 5.03 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 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 all 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 Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration :In addition to Grantee's remedies under Section 5.03, 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 (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the 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, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 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. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Nailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Nailed notice to Grantee shall be addressed to its principal office, recited herein, marked to the attention of the Supervisor and the Town 19 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. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 44! South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. .6.05 No Waiver Grantee's exercise of one remedy or relief under this ART]~CLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment of Easement/Condemnatio~ At the mutual request of Grantor and Grantee and United States of America, a court with jurisdiction may, if it determines that conditions surrounding the 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 approved in advance by the United States Department of Agriculture NRCS, 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. 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 2O development rights transferred hereby, in accordance with Section 7.12 herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the Secretary of the United States Department of Agriculture and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated thereunder. Any such amendment 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 Grantor to meet the 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 2! the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 7.1:~ (Contingent Rights of United States of America) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall- not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation 22 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. Tf any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 .Public Acces_6s 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 Recording 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 Head in_Lo.g~ The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 23 ,7.11 Continqent Riqhts of the United States of America Tn the event that Grantee fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary of the U.S. Department of Agriculture, the said Secretary of Agriculture and his or her successor and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under Federal or State law. ]tn the event that Grantee attempts to terminate, transfer or otherwise divest itself of any rights, title or interest of this Easement without the prior consent of said Secretary and without payment of consideration to the United States as provided herein, then, at the option of such Secretary, all right, title and interest in this Easement shall become vested in the United States of America. 7.12 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement/Condemnation), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, as reflected in an appraisal obtained by Grantee dated May 18, 2010, in which the effective date of valuation is February 11, 2010. The Proportionate Share is 30.53 percent. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). Tf any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are 58.93 percent, and 41.07 percent, respectively, 24 representing the proportion each party contributed to the purchase price of the easement. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ZiP PECON]C WELLS LLC, Grantor 'BY: LI~y~P. Zuckerberg, Managing Member ACKNOWLEDGED AND ACCEPTED: THE UNITES STATES OF AMERICA BY: ~Conservationist OF TOWN S,,~H OLD, Grantee Scott A. Russell Supervisor Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed therein, on behalf of t~_he United States of America. A~t~-r F. Booze~ St'a~of New Yo~I~ ) Count~h~f_ ~/~7~-/2,~/~ ), ss: 25 On the ,/~7 day of July in the year 2010 before me, the undersigned, personally appeared Astor F. Boozer, personally known to me or proved to me on the .b~of satisfactory evidence to be the individual (s) whose name~subscribed to the within instrument and acJ~nowledged to me that.~7~j~she/they executed the same in ~,.~. her/their capacity ( es~', and that by('~her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the~l'~bl~//~,~ ~~~~d, executed the instrument. Nota~ Public ~un~ of MaSson, State of N.Y~(~.~. '- .:' ..... . . . mu~ ~/omce orinoivioua~ taking ~mm~sslon ~ea'. / acknowledgement D~E ~ ~ YORK) coup) ss: On this~o day of ~OL~ in the year 2010 before me, the undersigned, personally appeared Lloyd P. Zuckerberg personally known to me or proved to me on the basis of satisfacto~ evidence to be the individua~whose name~ is ~subscribed to the within instrument and acknowledged to me that he/sh:/tha~executed the same in his/~er/thc~r capacity~ and that by his/~ signature~on the instrument, the individual~or the person upon behalf of which the individual~ acted, executed the instrument .. ~otary'Public" (/ , '~ COUNTY OF SUFFOLK) SS: On this~ ~J~-day of ~-ur~z~r-in the year 2010 before me, the undersigned, personally appeared Scott 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 PATRICIA L FALLC)N Notary Public, State Of NewYo~ No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, 26 title insurance company SCHEDULE A - DESCRIPTION NEW YORK MLCTT{O 800853-4803 212-922.-1593 fax Title No.: ST0-801136 ,TOTAL AGRICULTURAL EASEMENT ARF, A ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at Peconic, County of Suffolk and State of New York, as shown on a survey made by Young & Young, dated 2/1/2010 and last revised 7/19/2010 for the Town of Southold known as Lot 3 of Property of Zip Peconic Wells LLC; said lot being more particularly bounded and de,scribed as follows: BEGINNING at the comer formed by the intersection of the southeasterly side of Main Road (N.Y.S. Rte. 25) and the southwesterly side of Wells Road; RUNNING THENCE fxom said beginning along the southwesterly side of Wells Road the following two (2) courses and distances: (1) South 33 degrees 18 minutes 25 seconds East, 871.83 feet; (2) South 08 degrees 03 minutes 45 seconds East, 547.75 feet; THENCE South 81 degrees 56 minutes 15 seconds West, 56.00 feet; THENCE South 08 degrees 03 minutes 45 seconds East, 399.92 feet to land now or formerly of Zip Pecouic Wells LLC; THENCE South 59 degrees 03 minutes 45 seconds West, 476.06 feet to land now or formerly of Pelligrini Peconic LLc; THENCE North 34 degrees 40 minutes 26 seconds West, 1,329.59 feet to a monument set on the southerly side of Main Road (N.Y.S. Rte. 25); THENCE from said monument along the southeasterly side of Main Road (N.Y.S. Rte. 25) the following two (2) courses and distances: (]) (2) North 35 degrees 20 minutes 45 seeunds East, 820.12 feet; North 40 degrees 28 minutes 45 seconds Fast, 206.55 feet to the comer first above mentioned, the point or place of BEGINNING. SCHEDULE B - DESCRIPTION Title No.: ST0-801136 AGRICULTURAL STRUCTURE ARm& DESCRIPTION FAL~oL .t~at~certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at me, uounty of Suffolk and State of New York, as shown on a survey made by Young & Young, dated 2/1/2010 and last revised 7/19/2010 for the Town of Southold known as par~ of Lot 3 of Property of Zip Peconie Wells LLC; said part of lot being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road (N.Y.S. Rte. 25) distant the following two (2) courses and distances southWesterly from the corner formed by the intersection of the southeasterly side of Main Road (N.Y.S. Rte. 25) and the southwesterly side of Wells Read: (1) South 40 degrees 28 minutes 45 seconds West, 206.55 feet; (2) South 35 degrees 20 minutes 45 seeunds West, 607.31 feet to the ~rue point of beginning; RUNNING THENCE South 34 degrees 40 minutes 26 seconds East, 254.16 feet; THENCE South 55 degrees 19 minutes 34 seconds West, 200.00 feet to land now or formerly of Pellegrini Peconic LLC; THENCE No,th 34 degrees 40 minutes 26 seconds West, 181.44 feet to a monument set on the southeasterly side of Main Road (N.Y.S. Rte. 25); THENCE from said monument along said southeasterly side of Main Road (N.Y.S. Rte. 25) North 35 degrees 20 minutes 45 seconds East, 212.81 feet to the point or place of BEGINNING. G R A N T I N F O R M A T I O N MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (63l) 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 August31,2010 Astor F. Boozer State Conservationist USDA-Natural Resources Conservation Service on behalf of the Commodity Credit Corporation The Galleries of Syracuse 441 S. Salina St - Suite 354 (5th floor) Syracuse, NY 13202-2450 Re: ZiP PECONIC WELLS, LLC Farm Project FRPP FY2007 Cooperative Agreement 73-2C31-7-00956 Town of Southold ($1,220,000 grant award) Dear Mr. Boozer: The Town of Southold has received a wire transfer in the amount of $990,000 representing partial purchase reimbursement for the ZIP Peconic Wells, LLC Farm Project. I would like to sincerely thank you and all those in the USDA-NRCS for helping to bring this project to its rewarding conclusion, adding 29.0246 acres to the Town's ever-growing list of preserved farmlands. The awarded grant helped to make this project possible. Again, our special thanks go out to Mike Fournier and Don Pettit for their valuable aid that included numerous phone conversations and e-mail correspondences relating to this project. A few weeks ago, I provided you with an incomplete copy of the Baseline Documentation report prepared on the ZIP Peconic Wells, LLC Development Rights Easement. Enclosed you will find additional pages relating to the NYS DEC Registry. Please insert these pages in the appropriate section of your baseline copy. Thanks again. Sincerely,~ ,~ Melissa Spiro Land Preservation Coordinator encs. RUG~O-2810 08:S1 From: To:6517651566 Com~ny/~ndividual ~ame 09~0,000. OOCR ~--I P ¢'eCon i ~_ tlO~l s AUG 3 0 2010 D£1)[ OF LA~D PRESERVATION MELISSA A. SPIRO oLAND 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 & Yotmgs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 19,2010 Astor F. Boozer State Conservationist USDA-Natural Resources Conservation Service on behalf of the Commodity Credit Corporation The Galleries of Syracuse 441 S. Salina St - Suite 354 (5th floor) Syracuse, NY 13202-2450 Re: ZIP PECONIC WELLS, LLC Farm Project FRPP FY2007 Cooperative Agreement 73-2C31-7-00956 Town of Southold ($1,220,000 grant award) Dear Mr. Boozer: I am pleased to advise you that at a closing held on August 3, 2010, the Town of Southold acquired a 29.0426 acre development rights easement on active farmland in Peconic, New York. As the ZIP Peconic Wells, LLC Farm was selected for a grant awarded to the Town of Southold, a reimbursement of funding in the amount of $990,000 (less than the actual award) is respectfully requested at this time. Said amount represents 50% of the $1,980,000 appraised value of the easement area. I have enclosed SF-270 "Request for Advance or Reimbursement" for processing that was signed by Town Supervisor Scott A. Russell on August 19, 2010. In addition to the appraisal, survey, environmental and title report that were previously forwarded to USDA-NRCS for pre-closing review, enclosed you will find the following documentation: · Copy of a fully executed Farmland Development Rights Purchase and Sale Agreement between ZIP Peconic Wells, LLC and the Town of Southold dated August 8, 2008 Certified Copy of Grant of Development Rights Easement dated August 3, 2010, between ZIP Peconic Wells, LLC and the Town of Southold, and the United States of America, recorded in the Suffolk County Clerk's office on August 16, 2010, under Liber D00012634, Page 587 · RP-5217 Real Property Transfer Report · TP-584 Combined Real Estate Transfer Tax Return · Copy of title Insurance Policy No. 0-8911-544232 issued by Stewart Title Insurance Company on 8/3/10 (title #5T0-801136) in the insured amount of $2,410,535.80 · Vendor Code Form (please verify account # before wiring funds) · Town of Southold Monitoring Plan with contact information · Copy of letter dated 8/17/10 to NYSDEC requesting easement registry number · Baseline Documentation Report prepared by my office (incomplete as of 8/19/10 as awaiting further documents) I trust you will find everything to be in order for processing the Town's reimbursement request. If you should require additional information, please contact Melanie Doroski in my office. Let me take this time to thank you and all those who provided assistance to me, especially Mike Fournier and Don Pettit, in helping to bring this project to its rewarding conclusion. Sincerely, Melissa Spiro Land Preservation Coordinator /md enclosures cc via e-mail: Michael Fournier, FRPP Program Manager w/o attachments Don Petitt, Asst State Conservationist for Programs w/o attachments REQUEST FO OR REIMB~ 3. FEDERAL SPONSORING AGENCY AND WHICH THIS REPORT IS SUBMITTED US Commodity Credit Co~ 6. EMPLOYER IDENTIFICATION NUMBER 11-6001939 OMB APPROVAL NO PAGE Of 0348-0004 I PAGES FOR ADVANCE a "X"oPeorbOthboxes 2 BASIS OF REQUEST IBURSEMENT TYPE1 OF E~] ADVANCE --~] MENTREIMBURSE' [] CASH PAYMENT REQUESTED b ")C t~e app~icable boxi i~m ACCRUAL 'uctions on back) [] FINAL [] PARTIAL D ORGANIZATIONAL ELEMENT TO 4 FEDERAL GRANT OR OTHER 5 PARTIAL PAYMENT REQUEST IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST 'p. USDA-NRCS-FRPP BY FEDERAL AGENCY 73-2C31-7-00956 7 RECIPIENT'S ACCOUNT NUMeER B. PERIOD COVERED BY THIS REQUEST OR IDENTIFYING NUMBER TOWN OF SOUTHOLD Number and Street; 53095 Main Rd (Rt 25), PO Box 1179 City. State and ZIP Code: Southold, NY 11971-0959 Name: ~lumber and Street. City, State and ZIP Code: 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED (a) FRPP (b) (c) PROGRAMS/FUNCTIONS/ACTIVITIES ] TOTAL a. Total program (AS of date) outiays to date 8/ Iq/2010 $ 2,410,535u~ $ $ $ 2,410,535.8 0.00 0.00 b. Less: Cumulative pro!~ram income c. Net program outlays (Line a minus line b) 2,410,535.[ 2,410,535.8 d. Estimated net cash outlays for advance pedod e. Total (Sum of lines c & d) 2,410,535.[ 2,410,535.8 f. Non-Federal share of amount on line e 1,420,535~ 1,420,535.8 9- Federal share of amount on line e 990,000.00 990,000.00 h. Federal payments previously requested 0.00 0.00 i. Federal share now requested (Line g minus line h) 990,000.00 990,000.00 j. Advances required by 0.00 0.00 month, when requested 1st month by Federal grantor agency for use in 2nd month 0.00 0.00 making prescheduled advances 3rd month 0.00 0.00 ALTERNATE COMPUTATION FOR ADVANCES ONLY a. Estimated Federal cash outlays that will be made during pedod covered by the advance b. Less. Estimated balance of Federal cash on hand as of beginning of advance pedod Amount requested (Line a minus line b) ~I~'AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev 7-97) Prescribed by OMB Circulars A-102 and A-110 13. CERTIFICATION I certify that to the best of my knowledge and belief the data on the reverse are correct and that all outlays were made in accordance with the grant conditions or other agreement and that payment is due and has not been previously requested SIGNATURE OR AUTHORIZE ERTIFYING OFFICIAL tYPED OI~I~TE O ~ AND flTLE Soo~ A. Russell, $outhold Town Supen/i$or DATE REQUEST SUBMITTED 116 19 ali TELEPHONE(AREA CODE, NUMBER. EXTENSION) (631)765-1889 This space for agency use Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Papecwork Reduction Project (0348~0004), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Item INSTRUCTIONS Please type or pdnt legibly. Items 1, 3, 5, 9, 10, 1 le, 11 f, 11 g, 1 li, 12 and 13 are self-explanatory; specific instructions for other items are as follows: Entry Item Entry 2 Indicate whether request is prepared on cash or accrued expenditure basis. All requests for advances shall be prepared on a cash basis. 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. If the advance or reimbursement is for more than one grant or other agreement, insert N/A; then, show the aggregate amounts, On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement. 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code if requested by the Federal agency. 7 This space is reserved for an account number or other identifying number that may be assigned by the redpient. 8 Enter the month, day, and year for the beginning and ending of the period covered in this request, if the request is for an advance or for both an advance and reimbumement, show the period that the advance will cover. If the request is for reimbureement, show the period for which the reimbureement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete items 11 or 12, but not both. Item 12 should be used when only a minimum amount of information is needed to make an advance and outlay information contained in item 11 can be obtained in a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c) is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity. If additional columns are needed,use as many additional forms as needed and indicate page number in space provided in upper dght; however, the summary totals of all programs, functions, or activities should be shown in the "total" column on the first page. 11a Enter in "as of date," the month, day, and year of the ending of the accounting period to which this amount applies. Enter program outlays to date (net of refunds, rebates, and discounts), in the apprepriate columns. For requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and services, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to subcontractors and subrecipients. For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the amount of indirect expenses incurred, and the net increase (or decrease) in the amounts owed by the rsdpient for goods and other preperty received and for services performed by employees, contracts, subgraetees and other payees. 11b Enter the cumulative cash income received to date, if requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the cumulative income earned to date. Under either basis, enter only the amount applicable to program income that was required to be used for the project or program by the terms of the grant or other agreement. 11d Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made during the period covered by the advance. 13 Complete the certification before submitting this request. STANDARD FORM 270 (Rev 7-97) Back July 26, 2010 ZIP Farm Cooperative Agreement No. 73-2C31-7-00956 SCTM# 1000-86-1-p/ol 0.9 Final surveyed acreage of easement 29.0426 acres acquisition area Contracted per acre purchase price $83,000 per acre $2,410,535.80 Purchase price Appraised Value of 29.0426 ~: acre Easement · Town had property appraised in Nov. 2007. Contract with $83,000 purchase price executed Aug. 2008. Appraisal dated Nov. 2007 value = 83,333/acre. · Town received grant award after project started. Grant requires appraisals with effective date that is within 12 months of closing. To be eligible for grant town requested new appraisal within required timeframe. New appraisal (report date May 18, 2010, valuation date Feb 11, 2010) value <2007 appraisal. Grant allows Town to continue at contracted purchase price with FRPP paying 50% of the 2010 appraised value. · The report dated May 18, 2010, valuation date Feb. 11, 2010) prepared by Brunswick Appraisal Corp, in conformance with the requirements of USPAP, valued an easement area of 29.0426 acres at $1,980,000 $1,980,000 Requested Federal Contribution · Requested Federal contribution reflects 50% of the appraised value ($1,980,000 + 2.) (Grant award is $1,220,000. Town requesting < total grant award) Estimated Town Contribution $1,420,535.8 · The Town's contribution is based on a contracted purchase price of $83,000 per acre. Estimated Landowner Donation $0 $990,000 T I T L E P 0 L I C Y ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY title insurance company Any notice of claim and any other notice or statement In writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO 'I'HE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART Tm_E iNSURANCE COMPANY, a New Yod( corpe[ation, (the 'Company') insures, as of Data of Policy and, to the extent stated in Covered Risks g and 10, after Date of Policy, against loss or damage, not exeesding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the 3qtle caused by (i) forgery, h'aud, undue influence, duress, incompetency, incapacity, or impemonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affocting T~tie not propedy created, executed, witnessed, sealed, acknowledged, notarized, cr delivered; (iv) failure to perform those acts necessary to create a document by el~tmnic means authorized by law (v) a documeut executed under a falsified, expired, or otherwlae invaJid power of attorney (vi) a document not pmpedy filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by la~ or (vii) a defective judiciaJ or edndnisffaflve proceeding. (b) The lien of real estate taxes or assessments imposed on the 33tie by a governmental authority due or payable, but unpaid. (c) Any encmochmant, encumbrance, violation, variation, or adverse circumstance affecting the 33tie that would be disclosed by an accurate and complete land sun/ey of the Land. The term "eocmachment' includes encroachmants of exJstthg improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarkatable ~tie. 4. No ~ight of access to and from the Land. 5. The violation or enfomement of any law, ordinance, permit, or govemmantal regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the ocoupeocy, use, or enjoymeut of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, desudbing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enfome, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a govemmentai police power not covered by Covered Risk 5 if a notice of the enforcement actfon, describing any part of the Land, is recorded in the Public Roco~ds, but only to the extent of the enforcement 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 Records. 8. Any taking by a govemmantal body that has ocour~ed and is blading on the rights of a pumhaser for value without Knowledge. Countersigned: Stewart Title Insurance Company New York, New York ser~ No. O-8911-544232 File No.: ST0-801136 ALTA OWNER'S FOLICY (6/l 7/06) SCHEDULE A File No.: ST0-801136 Policy No.: O-8911-544232 Amount of $2,410,535.80 Premium: $9,672.00 Insurance: Date of August 3, 2010 Policy: 1. Name of Iusured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Development Rights Easement 3. Title is vested in: Development Rights Easement Agreement between ZIP Peconic Wells,LLC dated 8/3/2010 to be duly recorded in the Suffolk County Clerk' s/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Secfon: 086.00 Block: 01.00 Lot: 010.009 _stewarl title insurance company NEW YORK METRO 800-853-4803 212-922~1593 fax stewart~ewyork.com SCHEDULE A - DESCRIPTION No.: ST0-801136 AMENDED 7/28/2010 TOTAL AGRICULTURAL EASEMENT AR~A ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at Peconic, County of Suffolk and State of New York, as shown on a survey made by Young & Young, dated 2/1/2010 and last revised 7/19/2010 for the Town of Southold known as Lot 3 of Property of Zip Peconic Wells LLC; said lot being more particularly bounded and described as follows: BEGINNING at the comer formed by the intersection of the southeasterly side of Main Road (N.Y.S. Rte. 25) and the southwesterly side of Wells Road; RUNNING THENCE from said beginning along the southwesterly side of Wells Road thc following two (2) courses and distances: (1) (2) South 33 degrees 18 minutes 25 seconds East, 871.83 feet; South 08 degrees 03 minutes 45 seconds East, 547.75 feet; THENCE South 81 degrees 56 minutes 15 seconds West, 56.00 feet; THENCE South 08 degrees 03 minutes 45 seconds East, 399.92 feet to land now or formerly of Zip Peconic Wells LLC; THENCE South 59 degrees 03 minutes 45 seconds West, 476.06 feet to land now or formerly of Pelligrini Peconic LLC; THENCE North 34 degrees 40 minutes 26 seconds West, 1,329.59 feet to a monument set on the southerly side of Main Road (N.Y.S. Rte. 25); THENCE from said monument along the southeasterly side of Main Road (N.Y.S. Rte. 25) the following two (2) courses and distances: (1) North 35 degrees 20 minutes 45 seconds East, 820.12 feet; (2) North 40 degrees 28 minutes 45 seconds East, 206.55 feet to the comer first above mentioned, the point or place of BEGINNING. SCHEDULE B - DESCRIPTION Title No.: ST0~801136 AGRICULTURAL STRUCTURE AREA DESCIL1PTION - ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at Peconic, County of Suffolk and State of New York, as shown on a survey mede by Young & Young, dated 2/1/2010 and last revised 7/19/2010 for the Town of Southold known as part of Lot 3 of Property of Zip Pecoaic Wells LLC; said part of lot being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road (N.Y.S. Rte. 25) distant the following two (2) courses and distances southwesterly from the comer formed by the intersection of the southeasterly side of Main Road (N.Y.S. Rte. 25) and the southwesterly side of Wells Road: (l) (2) South 40 degrees 28 minutes 45 seconds West, 206.55 feet; South 35 degrees 20 minutes 45 seconds West, 607.31 feet to the true point of beginning; RUNNING THENCE South 34 degrees 40 minutes 26 seconds East, 254.16 feet; THENCE South 55 degrees 19 minutes 34 seconds West, 200.00 feet to land now or formerly of Pellegrini Peconic LLC; THENCE North 34 degrees 40 minutes 26 seconds West, 181.44 feet to a monument set on the southeasterly side of Main Road (N.Y.S. Rte. 25); THENCE from said monument along said southeasterly side of Main Road (N.Y.S. Rte. 25) North 35 degrees 20 minutes 45 seconda East, 212.81 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY (6/17/06) SCHEDULE B PART I File No.: ST0-801136 PoLicy No.: O-8911-544232 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: Survey made by Young & Young, dated 2/1/2010 and last dated 7/19/2010, shows subject premises as cultivated land. (a) Irrigation well and pump and line of cultivation shown in southerly part of premises. (b) Brash and wood posts vary with southwesterly line. (c) Driveway up to 3.1 feet east of part of southwesterly line. (d) Granite mile marker referenced at northwesterly line. (e) Culvert located at southwesterly line. 2. Rights of tenants or parties in possession, if any. 3. Policy will except water and sewer charges not entered and/or water and sewer charges entered subsequent to date of last actual reading. 4. Policy will except the terms and conditions of the grant Development Rights Easement to be executed by the grantor(s) and the Town of Southold. 5. Boundary Line Agreement made between Pellegrini Peconic LLC and ZIP Peconic Wells, LLC to be duly recorded in the Suffolk County Clerk' s/Registers Office. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST0-801136 Dale of Issue: August 3~ 2010 ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-544232 1. 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 gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 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 transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the pohcy. 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 conh-ols. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATED: August 3, 2010 Countersigned By: Authorized Office or Agent STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company 300 East 42nd St., 10th Fl New York, New York 10017 STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) COVERED RISKS (Continued) 'l~Ue being vested other than es stated in Schedule A or being defective (I) to be timaly, or (a) as a reeutl of the avoidance in whole or in port, ortromaanurtorder (ii) toimpartnoticeofitsexistencetoapurcheserforvalueortoa providing an alternative remedy, of a transfer of all or any part of the judgment or lien areqtior. title to or any interest in the Land occurring prior to the transaolion 10. Any defect in or lien or encumbrance on the T~e or other matter included vesting Titis as shov~ in Schedule A because that prior transfer in Covered Risks I through g that has been created or attached or has constituted a fraudulent or preferential transfer under federal been flied or recon;tsd in the Public Records subsequent to Date of Polly bankruptcy, state insolvency, or almtlar creditors' rights la~s; or and prior to the recording of the deed or other instrument of transfer In the (b) because the instrument of transfer vesting T~e as shown in Public Records that vests Title as showr~ in Schedule A. Schedule A constitutes a preferential transfer under federal The Company va11 also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insoNency, or similar cmditom' dghts laws by defense of any matter insured against by this Policy, but ooly to the extent mason of the falicra of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following mattem are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by mason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to ballding and zoning) restricting, regulating, prohibiting, or relating to {i) the occupancy, use, or enjcyment of the Land; (ii) the character, dimensions, or location of any improvement (N) environmental protection; (b) Any governmental p~lce power. This Exclusion l(b) does not 2. 2. Rights of eminent domain, his Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. Defects, liens, encumbranses, adverse claims, or other matters (a) created, suffered, assumed, or agreed ts by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant pdo¢ to the date the tnsurad Claimant became an Insured under this policy; (c) resutiing in no loss or damage to the Insured Claimant; (d) attaching or creatod subsequent to Date of Policy (however, this does not modify or (imit the coverage provided under Covered Risk 9 and 10); or (e) rasualng In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by mason of the operation of federal bankruptcy, state insolvency, or almilar creditors' rights laws, that the transaction vesting the T~e es shown in Schedule A, is (a) a frsudeleat conveyance or fraudulent transfer; or (b) a preferantiai transfer for any reason not stated in Covered Risk 9 of Any lien on the T~de for real estate taxes or assessments imposed by govemmantal authority and created or attaching detwean Date of Policy and the date of recording of the deed or other instrument of transfer in the Pubtic Records that vests Title es shown in Schedule A. CONDITIONS DERNITiON OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance': The amount stated in Schedule A, as may be increased or decreased by endorsement th this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) 'Date of Policy": T~ date designated es 'Date of Policy' in Schedule A. (c} 'Entity': A corporatian, partnership, trust, limited liability company, or other similar legal entity. (d) 'Insured': 'J~e Insured r~rned in Schedule A. (i) The term "Insured" a~o includes (A) successom to the T~le of the Insured by operation of law as distinguished from purchase, including heirs, devisees, sutvivom, pomona representatives, or next of kin; (B) successors to an Insured by dissalution, me~ger, consolidation, distribution, or reorganization; (C) successors to an insured by its conversion to another Idnd of Entity; (D) e grantee of an Insured under a deed daiivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee ara whol¥owned by the named Insured, (2) if the grantee wholly ovals the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity ~ the named Insured em beth wflolly-ownod by the same poraon or Entity, or (4) if the grantee is a trustee or beeeficia~ of a trust created by a written instrument established by the Insured named in Schedule A for estate ptsnning purposes. (Ii) With regard to (A), (B), (C), ~ (D) reserving, however, all (f) "Knowledge' or 'Keevm": Actual knowledge, not constructive File No.: ST0-801136 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this pelioy shall continue in foR~i ~s of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation sscured by a purchase money Mortgage given by a purchaser from the thsared, or only so 10rig as the Insured shall have liability by reason of warrant,s in any transfer or conveyance of the Tlge. This policy shall not continue in force in favor of any purchaser Eom the Insured of e[ther (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured abail nogfy the Company promptly in writing (ii in case of any liitgatfen as set forth in Section 5(a) of these Conditions, (ii) in case K~e shati come to an Insured hereunder of ~ny cta[m of title or interest that is adverse to the Title, as insured, and that might cause ~oss or damage for ~lich the Company may be liable by virtue of this policy, or (iii) if the Tit[e, as insured, is rejected es Unmarketsble Title. If the Company is prejudioed by the failure of the Insured Claimant to provide prompt nsitca, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LO~S In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant fomish a signed proof of loss. The proof of loss must dsssribe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the bests of Joss or damage a~d shall state, to the extent posslbfe, the basis of calculating the amount of the IDes or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a} Upan wnttan request by the Insured, and subject to the options contained in Section ? of these Conditions, the Company, of its own csst and v,~hout unreesanai~e daiay, shall provide for the defense of an Insured in Itiigetfon in which any third party asserts a claim covered by this polioy adverse to the Insured. This obligation is limited to onty those statscl causes of ansan alleging matters insured against by this policy. The Company shall have the right to sstsct counsel of its choice (subject to the right of the insured to ob]eof for reasonable cause) to represent the Insured as to these stated causes of action. It shall ont be liahte for ~ wili not pay the fees of any other counsel, The Company will r~t pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that altsge matters not insured against by this policy. (bi The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its o~ cost, to inatitote and prosecute any action or proceeding or to do any other act that in its opinion may be nsesssan/or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate asitan under the terms of this policy, whether or ~ot it shail be lisbte to the insured, The exercise of these rights shall not be an edmissian of liability or waiver of any provision of this policy. If the Company exercises its itghto under this subsection, it must do so diligently. (c) Whenever the Company bdngs an action or asserts a defense es redalrsd or permtlted by this policy, the Company may pursue the I~gation to a final determination by a court of competent jurisdiCtion, and it expressly reserves the dght, in its anis discretion, to ~opesl any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) in ail cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeais, the insured shall secure to the Compaay the dght to so prosecute or prmnde defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, (b) obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necassa~y or desirable to establish the Title or any other matter as insured, If the Company is prejudiced by the failure of the Insured to fumtsh the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized rspreesntative of the Company and to produce for examination, inspection, and c~cying, at such reesonatY~ times and places as may be designated by the autheHzed representative of the Company, ali records, in whatever medium maintained, incldding books, ledgers, checks, memoranda, correspondence, reports, e-malls, disks, tapes, end videos whether beadng a date befora or after Cote of Policy, that reasonably partaJn to the loss or damage. Further, if requested by any ;~uthodzed representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy ail of these records in the custody or control of a third parly that raseonab~y pertain to the iDes or damage. All information designated as conridentiaJ by the Insured Claimant provided to the Company pursuant to this Section shall not be disclesed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested informatfon, or grant permission to secure reasonably necessary Information from third parties as required in this subsection, unless prohibited by law or governmental ragulation, sh~ terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETI~E CLAIMS; TERMINATION OF LIABILITY In case of a claim under this pulicy, the Company shall have the fo{lowing addhionai options: (a) To Pay or Tender Payment of the Amount of insurance. TO pay or tender payment of the Amount of insurance under this policy together with any costs, attorneys' fees, and e~censes incurred by the Iceured Claimant that were mJthotlzed by the Co~pany up to the time of payment or tender of paymant and that the Company Is obligated to pay. Upon the exercise by the Company of this option, ail liablitly and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsechon, shclt terminate, including any tiability or obtigation to defend, prosecute, or centlnse any litigadon. (bi To Pay or Othent~ise Settfe W;th Pa~es Other Than the Insured or Wito the Insured Claimant, (ii To pay or othewdes settle with other parties for or in the name of an Insured Claimant any claim Insured against under this policy. In addition, the Company witl pay any costs, attorneys' fees, end expenses incurred by the Ir~sured Claimant that were e~Jthodzed by ~ Company up to the time of payment and that the Company is ohtlgated to pay; or (ii) To pay or othenalse settle with the Insured Claimant the loss or damage provided for under this pelioy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obtigated to pay. Upon the exercise by the Company of either of the options provided for in subsections (bi(i) or (ii), the Company's obligations to the Insured udder this policy for the claimed loss or damage, other than the payments required to be mede, shall terminate, including any liability or obligation to dsfead, prosecute, or continue any litigation. File No.: ST0-801136 CONDmONS (Continued) 8. DETERMINATION AND EXTENT OF UABIUTY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this against by this policy. and paid. (c) In addition to the extent of liability under (a) and (b), (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall 13. RIGHTS OF RECOVERY UPON PAYMENT OR SEI'TLEMENT (a) Whenever the Company shall have settled and paid a claim rights and remedies, If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shatl defer the exercise o! its dght to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogatien rights. 14. ARBITRAllON Either the Company er the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Tiite Insurance Arbitration Rules of the Amedcan ~ Tit~e Association ('Rules"). Except as provided in the Rules, the~e shall be no joinder or consolidation with claims or controverslse of other persons. Art)itmble matters may tnclude, but are not limited to, any controversy or claim bet~en the Company and the Insured arising out of or relating to this policy, any service In ~ion with its issuance or the breach of a policy provision, or to any other controversy or cJaim by the Company Is the entire policy and can~act between the (ii) modify any Ixior endorsement, (iii) extend the Date of Policy, invalid or unenferceab~e under appgcabie law, the p~ley shall be (c) Choice of Forum: Any litigation or other proceeding brought by having ~opeaf3Hate jurisdiction. Rle No,: ST0-801136 B O U N D A R Y L I N E A G R E E M E N T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.u s Telephone (631) 765-57 l 1 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 ! 1971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 7, 2011 Charles R. Cuddy, Esq. 445 Griffing Avenu;e P.O. Box 1547 Riverhead, NY 1190! Re: ZIP PECONIC WELLS, LLC to TOWN OF SOUTHOLD SCTM #1000-86.-1-10.12 Development Rights Easement - 29.0426 acres Dear Mr. Cuddy: I am in receipt of the certified copy of the recorded Boundary Line Agreement between Pellegrini Peconic, LLC and ZIP Peconic Wells, LLC. I am releasing the $3000 check, which you will find enclosed, that has been held in escrow since the closing on the development rights easement with the Town on August 3, 2010. Please forward said check to your client. Thank you. Sincerely, Land Preservation Coordinator enc: Check#106359 cc: Lisa Clare Kombrink, Esq. TOWN OF SOUTHOLD VENDOR 025181 ZIP PECONIC WELLS, LLC 08/03/2010 CHECK 106359 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 TBR750 080310B PURCHASE PRICE BAL-WELLS 3,000.00 TOTAL 3,000.00 TOWN OF SOUTHOLD 53{395 MAIN ,~OAD PO BOX 1179 $OUTHOLD NY 11971-0959 106359 oo. AL 8A . CUTCHOGUE Ny 11935 $0-546/214 THREE THOUSAND kND 00/100 DOLIJ~qS CLOSING 8/3/10 CHECK NO. 106359 DATE I AMOUNT 08/03/2010 $3,000.00 ~Y ZIP PECONIC WELLS, LLC [D TArE C/O LLOYD P. ZUCKERBERG 2RDER OF 717 FIFTH AVENUE, 19TH FLOOR NEW YORK NY 10022 ""I, 0~=35q,' ':O~,[,05L, F~,,: h3 OOOOOl, 0.' Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK Febmary3,2011 TEL: (631) 369-8200 FAX: (631) ~o9-9080 E-mail: charles.cuddy@verizon.net Melissa A. Spiro Land Preservation Coordinator Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Zip Peconic Wells with the Town of Southold Dear Ms. Spiro: In accordance with the Town's requirements, enclosed please find a certified copy of the Boundary Line Agreement in the above matter. Please forward a check, representing the funds being held in escrow, in the sum of $3,000.00, payable to Zip Peconic Wells, LLC to me. I will forward same to my client. Should you have any questions, please feel free to contact me. Veu truly yours, Charles R. Cuddy /] CRC:ms cc: Lloyd Zuckerberg FEB - 4 2011 DEP[ OF LAND PRESERVATION COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C11-3858 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certif7 that I have compared the annexed with the original BOUNDARY LINE AGREEMENT recorded in my office on02102/2011 under Liber D00012650 and Page 146 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02102/2011 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL ,, FEB -4 20]] DEPI'. OF LAND PRESERVATION SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: BOUNDARY LINE AGREEMENT Number of Pages: 7 Receipt Number : 11-0012057 TRANS~'~R TAX NUMBER: 10-13554 District: 1000 ~edAmount: Recorded: At: LIBER: PAGE: Section: Block: 086.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $35.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $5.20 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-13554 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 02/02/2011 03:30:29 PM D00012650 146 Lot: 009.001 Exempt $20.00 NO $15.00 NO $0.00 NO $70.00 NO $0.00 NO $1ss.2o Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 J , FEES Page / Filing Fee ~'~ Handling 20. 00 TP-584 ---~ ~' Notation EA-52 17 (County) Sub Total EA-5217 (State) Comm. of Ed. S. O0 Affidavit ~ -~ Certified Copy NYS Surcharge 15. O0 SubTotal C~I Other Grand Total 4 IDist. 100, Real Property Tax Service Agency Verification 1000 08600 0100 009001  1000 08600 0100 010012 1000 08600 0100 009003 Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD & RETURN TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town -- Dual County Held for Appointment Transfer Tax Mansion Tax The propeKcy 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 instrun~rnt $ Commu nit~ Preservation Fund Consideration Amount $ CPFTaxDue Improved Vacant Land TD TD CHARLES R. CUDDY, ESQ. 445 Griffing Avenue Rivcrhead, NY 11901 TD Mail to: Judith A. Pascale, Suffolk County Clerk I 7 I Title Company Information 310 Center Drive, Riverhead, NY 11901tC°'Name www.suffolkcou ntyny.gov/clerk Title # Suffolk County Recording & Endorsement Page This page forms part of the attached BOUNDARY LINE AGREEMENT by: (SPECIFY TYPE OF INSTRUMENT) PELLEGRINI PECONIC, LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of SOUTHOLD ZIP PECONIC WELLS. LLC In the VILLAGE or HAMLET of PECONIC BOXES 6 THRU 8 MUST BE TYPED OR PRINTED iN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) BOUNDARY LINE AGREEMENT AGREEMENT, made thisC~4c}x day of x~t, 2010, between Peliegrini Peconlc LLC, party of the first part, and ZIP Peconic Wells, LLC, party of the second part; WHEREAS, Pellegrini Peconic, LLC is the owner of premises commonly known as 23005 Main Road, Peconlc, in the Town of Southold, County of Suffolk and State of New York, as more particularly described in a deed from Peconic Land Trust, Inc dated July 8, 1998 and recorded with the Suffolk County Clerk's Office in Liber 11903, Page 453 (hereinafter referred to as the "Pellegrini Peconic, ELC premises"); and WHEREAS, the Pellegrini Peconic, LLC premises adjoin premises owned by ZIP Peconic Wells, LLC, as set forth in a deed from the Estate of Elizabeth Korte, Simon Wurtz and Virginia Simon Koonts, dated December 9, 2004, and recorded in the Suffolk County Clerk's Office in Liber 12365, Page 377 (hereinat~er referred to as the "ZIP Peconic Wells, LLC premises"); and WHEREAS, the southwest boundary line of the ZIP Peconic Wells, LLC premises is also part of the northeast boundary line of the Pellegrini Peconic, LLC premises, and is therefore a common boundary line; and WHEREAS, the undersigned have been shown a survey of the ZIP Peconic Wells, LLC premises prepared by Howard W. Young, land surveyor, for Young & Young, dated February 1, 2010 and last revised July 19, 2010 (the "Survey"), wherein it appears that a gravel driveway originating on the Pellegrini Peconic LLC premises runs along or near the common boundary line, but is situated at certain points up to 3.1 feet inside the ZIP Peconlc Wells, LLC premises from the common boundary line; and YV~IEREAS, the parties wish to memorialize their agreement regarding the common boundary line and the gravel driveway; NOW, THEREFORE, WITNESSETH: 1. The undersigned hereby certify and agree that the common boundary line as depicted in the Survey is accurate and true; that Pellegrini Peconic, LLC makes no claim of ownership by adverse possession or otherwise to that portion of the land situate between the common boundary line and the gravel driveway on the ZIP Peconic Wells, LLC premises as set forth on the Survey. 2. Pellegrinl Peconlc, LLC hereby certifies that the gravel driveway is its personal property and a portion of that gravel driveway constitutes an encumbrance on the ZIP Peconlc Wells, LLC premises, and upon demand, will discontinue its use of that portion of the gravel Page 1 of 2 driveway; and 3. Pellegrini Peconic, LLC will immediately discontinue its use of that portion of the gravel driveway that constitutes an encumbrance on the ZIP Peconic Wells, LLC premises. lIN WITNESS WHEREOF, we have set our hands and seals on the date first above mentioned. COUNTY OF SUFFOLK ) )SS: ) On the 22ndday of November, 2010, before me personally appeared Robert Pellegrini , 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 instrmnent 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. ELIZABETH J. FARRISH Notary Public, State of Hew York No. 01 FA4973285 Qualified in Suffolk County Commission Expires Oct. 15, 20 STATEOF ~¢_.Lu~t3C~2- ) COUNTY OF JL~LL)k{CSK,~C_ ) )SS: On the ~ :.~ day of Oo,~¢er~kuZ~ 2010, before me personally appeared Lloyd P. Zuckerberg, Managing Member, 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/-mlae..executed the same as owner of the subject premises; and that by ~signamre on the instrument, the individual, or the persons upon behalf of which the acted, ex¢cutedJhe instnnnent. Page 2 of 2 N SCHEDULE A SCTM # 1000-086.00-01.00-009.001 & 009.003 (PELLEGRINI PECONIC LLC PARCEL) ALL that certain plot, piece, or parcel of land situate, lying and being in thc Town of Southold, at Peconic, County of Suffolk and State of New York known and designated as Lot 1 on the Minor Subdivision Plat known as Richmond Creek Farms, bounded and described as follows: BEGINNING at a monument on the southeasterly side of Main Road at the northeasterly corner of the premises herein described and the northwesterly corner of land now or formerly of Robert K. And Elizabeth K. Simon; THENCE South 34 degrees 41 minutes 41 seconds East along the last mentioned land and along lands now or formerly of Elizabeth S. Mead, Richard and Elizabeth Mead, Jennie Lee Pierce, Robert and Maureen Ringold, Norma Jean Mehrman and John R. Mehrman and Norma J. Mehrman, 2715.77 to land now or formerly of Chester H. And Joyce M. Skwara as described in deed Liber 6308 cp 503; THENCE along land now or formerly of Skwara the following 3 courses and distances: 1. South 52 degrees 27 minutes 09 seconds West 140.22 feet to a point; 2. North 73 degrees 06 minutes 01 seconds West, 74.93 feet to a point; 3. South 16 degrees 53 minutes 59 seconds West 175.00 feet to the northeasterly side o£Wells Road; THENCE North 73 degrees 06 minutes 01 seconds West along the northeasterly side of Wells Road 341.71 feet to other land or Peconic Land Trust Inc., and shown as Lot 2 on the minor subdivision herein; THENCE along thc last mentioned land thc following $ courses and distances: 1. North 34 degrees 55 minutes 31 seconds West, 55.35 feet to a point; 2. Northwesterly along the arc of a curve to the left having a radius of 500 feet a distance of 190.20 feet to a point; 3. North 56 degrees 43 minutes 13 seconds West, 360.50 feet to a point; 4. North 49 degrees 58 minutes 55 seconds West 332.54 feet to a point; 5. South 63 degrees 50 minutes 23 seconds West, 247.46 feet to Richmond Creek; THENCE along Richmond Creek the following 4 tie corses and distances: 1. North 24 degrees 43 minutes 54 seconds West, 329.08 feet to a point; 2. North 15 degrees 14 minutes 53 seconds West, 110.76 feet to a point; 3. North 72 degrees 14 minutes 3 l seconds West 38.89 feet to a point; 4. North 30 degrees 05 minutes 21 seconds West, 115.00 feet to a monument and land now or formerly of REC Realty Co. THENCE along the last mentioned land the following 2 courses and distances: 1. North 49 degrees 16 minutes 59 seconds East, 326.10 feet to a monument; 2. North 27 degrees 41 minutes 01 seconds West, 521.50 feet to a monument and land now or formerly of James C. & Joze McBumie; THENCE North 27 degrees 13 minutes 11 seconds West along the last mentioned land, 252.35 feet to the southeasterly side of Main Road; THENCE North 35 degrees 19 minutes 29 seconds East, along the southeasterly side of Main Road, 22.54 feet to a point; THENCE South 27 degrees 13 minutes 11 seconds East 146.00 feet to a point; THENCE North 43 degrees 02 minutes 09 seconds East, 146.85 feet to a point; THENCE North 34 degrees 30 minutes 51 seconds West, 159.00 feet to the southeasterly side of Main Road; THENCE North 35 degrees 19 minutes 29 seconds East along the southeasterly side of Main Road 419.23 feet to the monument at the point or place of BEGINNING. SCHEDULE A SCTM # 1000-086.00-01.00-010.009 (ZIP PECONIC WELLS, LLC PARCEL) ALL that certain plot, piece, or parcel of land situate, lying and being in the Town of Southold, at Pccnnic, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at a comer formed by the intersection of the southerly side of Main Road and the southwesterly side of Wells Road; THI~NCE from said beginning along the southwesterly side of Wells Road, South 33 degrees 19 minutes 40 seconds East, 871.83 feet to a stake; THI~NCE along the westerly side of Wells Road, the following courses and distances; 1. South 08 degrees 05 minutes 00 seconds East 973.21 feet to a point; 2. South 30 degrees 57 minutes 30 seconds East 235.54 feet to lands now or formerly of Vaccari; THENCE along said lands South 59 degrees 02 minutes 30 seconds west, 499.38 feet to lands now or formerly of Pellegrini Peconic, LLC; TI-IENCE along said land North 34 degrees 41 minutes 41 seconds West, 1611.04 feet to the southerly side of Main Road THENCE along the southerly side of Main Road, North 35 degrees 19 minutes 30 seconds East 820.13 feet, and North 40 degrees 27 minutes 30 seconds East, 206.55 feet to the point or place of BEGINNING. N Y S A G & M K T S W A I V E R STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND 10B Airline Drive Albany, New York 12235 Division of Agricultural Protection ami Developmer~t Services 518-457-2713 Fax. 518-457-2716 September 13, 2010 Ms. Meli$sa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver - Town of Southold - Suffolk County - Purchase of Development Rights Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by Lloyd P. Zuckerberg for approximately 29 acres of active farmland located at Tax Map No. 1000-86-1-10.9, Town of Suffolk. 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 a conservation easement on the referenced parcels by the Town of Suffolk. Should the project encompass 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. Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit cc: Ken Schmitt, Chair, Suffolk County AFPB File No.: AP 10/049-W D[PT. OF LAND PFESERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.u s 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 August 17, 2010 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets I OB Airline Drive Albany, NY 12235 ZIP PECONIC WELLS~ LLC to TOWN OF SOUTHOLD Part of SCTM #1000-86.-I-10.9 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 Lloyd P. Zuckerberg, Managing Member for ZIP Peconic Wells, LLC for a closing on a development rights easement on active farmland formerly identified as part of SCTM #1000-86.-1-10.9. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: ZIP Peconic Wells, LLC Town of Southold August 16, 2010 D00012634 587 2350 Wells Road, Peconic 29.0426 acres p/o 1000-086.00-01.00-010.009 n/k/a 1000~086.00-01.00-010.012 Please provide me with a wri~aen acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md eOC. WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owners of 29.0426 acres of active farmland and/or~i~ acres of non-farmland, situated at Suffolk County Tax Map No. 1000-86-1-10.9 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and. Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsors THE ~ Astor F. Boozer, N~ ~t~/Conservationist TOWN O~ By: S~"-O-I~f A. RUSSELL, Supervisor STATE OF NEW YORK COUNTY OF SUFFOLK )SS: Landowners ZIP PECONIC WELLS, LL,C Managing Member On the~-g~ day of ,/~u~u?;-~ , 2010, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; 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 NEW YORK COUNTY OF SUFFOLK )SS: PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified in Suffolk County Oommission Expires April 24, ~ On the.c~'day of /~'/./AV' , 2010, before me personally appeared ASTOR F. BOOZER, personally known'-~o- me/or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as New York State Conservationist and that by his signature on the instrument, the United States of America, upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. STATE OF///ZW ~W~- ) COUNTY OF/V(W¢~k._ ) KIMBERf.RY A. STINSON Notary Publi~ No. 01ST$089252 County of Madison, State of N.Y'. )SS: Commi,~sion F~p_ires: De~mber 8, ~,~/~ On the 30 day of To / T ., 2010, before me personally appeared Lloyd P. Zuckerberg, Managing Member, 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 i~nd, ividual acted, executed the instrument. ¢lotary'Public ~ 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 Broadway, Albany, New York 12233-4256 Phone: (518)402-9442 · Fax: (518)402-9028 Website: www.dec.ny..qov Alexander B. Grannis Commissioner August 19, 2010 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 easement: CE: Suffolk 532 Grantor: ZIP Peconic Wells, LLC Liber: D00012634 Page: 587 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, Carmen L. Masters Bureau of Real Property I' AUG 2 3 2010 DEPT. OF [AND 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 & Yoangs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 17, 2010 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry ZIP PECONIC WELLS, LLC to TOWN OF SOUTHOI Dear Mr. Reynolds: Enclosed please f'md a 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: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: ZIP Peconic Wells, LLC Town of Southold August 16, 2010 D00012634 587 2350 Wells Road, Peconic 29.0426 acres p/o 1000-086.00-01.00-010.009 n/k/a 1000-086.00-01.00-010.012 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 eno. cc: ZIP Peconic Wells, LLC c/o Lloyd Zuckerberg w/enc. 717 Fifth Avenue, 19th floor, New York, NY 10022 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 August 23, 2010 ZIP Peconic Wells, LLC c/o Lloyd Zuckerberg 717 Fifth Avenue, 19th floor New York, NY 10022 NYSDEC Conservation Easements Registry CE: Suffolk 532 SCTM #1000-86.-I-10.12 Dear Mr. Zuckerberg: Please be advised that the Town's purchase of a development rights easemem on property located at 2350 Wells Road in Peconic 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 a tax credit, please contact Tim Reynolds at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 532. Very truly ~xurs, Sr. Administrative Assistant enclosures P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold ny us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner 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 Tax Assessors Building Department Data Processing Town Comptroller Stewardship Managers Peconic Land Trust, Inc. The Nature Conservancy Melissa Spiro, Land Preservation Coordinator August 13, 2010 ZIP PECONIC WELLS~ LLC to TOWN OF SOUTHOLD Part of SCTM #1000-86.-'1-10.9 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: SCTM #: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT ACREAGE: ZONING: FUNDING: MISCELLANEOUS: 2350 Wells Road, Peconic part of 1000-86.-1-10.9 ZIP Peconic Wells, LLC Tuesday, August 3, 2010 $2,410,535.80 (based on 29.0426 buildable acres @ $83,000/buildable acre) 29.0246 acres R-80 CPF 2% Land Bank (bonded funds) and partial reimbursement ($990,000 anticipated) from a USDA-NRCS awarded FRPP grant This property is listed on the Community Preservation Project Plan list. It is across the street from, and borders on the west to Town PDR lands, The easement area is planted in sod. To protect the scenic view shed, an Agricultural Structure Area of one acre was designated within the Easement Area. In addition, lot coverage within the designated area was limited to 2%. This project was part of a Conservation Subdivision. File ¥ie~'~ Toolbar Help A E R I A L S ,! J = 750' 750' I ! I I i 1938 AERIAL PHOTOGRAPH S U R V E Y TIE-IN (~ $40'27'30"W 206,55' (~) $35'19'30"W 82012' N RICHMOND CREEK A¢~.IC.U/'dJRAL \ TOTAL A~RICULTLJRJkL BASBMBNT AF~q~A A~.ICULTU~AL NON-5'r~UC~Tdt~,E AREA N S FINAL SURVEY ~ITt~ DATA TOTAL ARBA = 2~.O42~ ~U~¥ f=O~ TOPIN OF ~OUTHOLI2 LOT ~ "ZI~ PECONI~ ~LLS~ LLC" a~ Peconic, To~n oF Southold SufFolk Coun~, N¢~ York A~,42LIISITION MAP ] A E R I A L M A P LLC We s, Tow Developme Rights Purch e ~ap of Southold 24, 2008