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HomeMy WebLinkAboutKKP, LLC (Peter Harbes)1000-120-3-11.18 (f/k/a 1000-120-3-p/o 11.9) Baseline Documentation Premises: 750 Sound Avenue Mattituck, New York 8.1638 acres Development Rights Easement KKP, LLC to TOWN OF SOUTHOLD Easement dated December 9, 2010 Recorded January 14, 2011 Suffolk County Clerk - Liber D00012648, Page 617 SCTM #: Premises: 1000-120-3-11.18 (f/k/a 1000-120-3-p/o 11.9) 750 Sound Avenue Hamlet: Mattituck Purchase Price: Funding: $502,796.70 (7.9809 buildable acres $63,000/acre) Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 10.00 acres Development Rights: 8.1638 easement acres (includes 0.1829 acre access area excluded from purchase price) Reserved Area: 1.84 acre Zoned: A-C Existing Improvements: In November 2010 - Dirt farm road running along westerly boundary line; dirt access road along part of easterly boundary line; drywell with open drain grate lying within access area; proposed utility easement Location: Size and Shape: Soil Condition And Topography: Road Frontage: Easements and Encroachments: Utilities: Ingress and Egress: Flood Zone: SITE DESCRIPTION The subject site is located on the southerly side of Sound Avenue approximately 609 feet east of Aldrich Lane, Mattitnck, Town of Southold, County of Suffolk, State of New York. The subject property has a land area of 8.0± acres and is a "flag-lot" parcel. The site has an average depth of 1,436 feet. The parcel lies within the A-C (Agricultural Conservation) zoning district of the Town of Southold. The site is level and covered with crops. Soil conditions are assumed to adequately support the existing improvement. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. The subject property will have approximately 50 feet of road frontage along Sound Avenue. The remaining frontage of 266 feet will be retained by the owners of the property within the 2 acres of the reserved area. (See aerial sketch plan on the following page). 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. Access to the site is via Sound Avenue. The subject property appears to be within 500-ft of a flood hazard. The subject property lies in the X flood zone - An area that is determined to be outside the 1% and 0.2% annual chance floodplains according to the flood map # 36103C0163G 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 & Discussion Notes from Meeting held Tuesday, August 31, 2010 at 7:00 pm. Members Present: Members Absent: Also present: John Sepenoski, Chairman Ray Huntington Monica Harbes Maureen Cullinane Chris Baiz Lillian Ball (7:16 p.m.) Eric Keil Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Dr. Damianos, landowner Andrew Stype, real estate broker for Damianos Patricia C. Moore, attorney for Venetis Commencement: · The meeting began at 7:03 pm. with five LPC members present. EXCERPT FROM AUGUST 31~ 2010 LPC ADOPTED MEETING MINUTES Land Preservation Applications and Inquiries: · SCTM #1000-120-3-11.9 (KKP, LLC - Peter Harbes) New PDR application LPC member Monica Harbes was not present for a discussion of this project due to a family relationship. New PDR application was reviewed Melissa explained that landowner would like to close by the end of the year. MOTION made by John Sepenoski, seconded by Maureen Cullinane, to direct Melissa Spiro to authorize an appraisal of the KKP, LLC (Peter Harbes) property (SCTM #1000-120-3-11.9) for the purchase of a development rights easement upon this farmland, with a 50' access along Sound Avenue to the proposed easement area, and a reserve area running along Sound Avenue to the northwest corner boundary line. LPC requests that the property be appraised presenting three values based upon allowable lot coverage for agricultural structures: 1) Lot coverage restrictions as per current Town Code (20%); 2) 10% lot coverage; and 3) 2% lot coverage. Motion carried: 4/0/1 (Monica Harbes absent from discussion and vote; Lillian Ball absent from vote) P R 0 P E R T Y V I S U A L S SUBJECTPROPERTYPHOTOGRAPHS 1 I I I I I I I I I I I I I AERIAL VIEW OF SUBJECT PROPERTY BRUNSWICK APPRAISAL CORP. m m m m m m INTRODUCTION m m AERIAL SKETCH PLAN m m m m mm mi m BRUNSWICK APPRAISAL CORP. SUBJECTPROPERTYPHOTOGRAPHS 2 I I I I I I I I I I I I 1 Facing south at the subject property BRUNSWICK APPRAISAL CORP. SUBJECT PROPERTY PHOTOGRAPHS 3 I I I I I I I I ! I I I I Facing east on Sound Avenue, subject property on the south Facing west on Sound Avenue, subject property on the north BRUNSWICK APPRAISAL CORP. Parking area for berry stands. Berry stand location may be situated within KKP, LLC (Peter Harbes) property at northwest corner of property, E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment KKP, LLC Property Mattituck, New York NP&V Job# 10173 November 4, 2010 CONFIDENTIAL AND PRIVII,EGED PRESERV^TI~ Phase I Environmental Site Assessment KKP, LLC 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 Commemial 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 properly lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The overall property is a 10.0-acre parcel of agricultural land. This report addresses the 8.0 acres from which the Town is purchasing the Development Rights. The subject property is located on the south side of Sound Avenue, approximately 610 feet west of Aldrich Lane. The property is more particularly described as Suffolk County Tax Map # 1000-120-3-11.9. The subject property is currently and has always been utilized as farmland. The majority of the farmland is planted with pumpkins. No irrigation well is present on the subject property, since water is obtained from an adjacent property. No structures or site improvements were observed on the subject property. No indicators of environmental conditions such as dumping, staining, residue, odors, or stressed vegetation were observed on the subject property. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1957, 1969, 1976, 1980, 1994, and 2004 were reviewed in order to determine if any prior uses occupied the subject property. This review revealed the subject property was utilized as farmland in all of the aerials. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Six (6) active and closed spill incidents are located within one half (0.5) mile, and one (1) PBS facility and one (1) RCRA Generator is located within close proximity of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental condition in connection with the subject property, subject to the methodology and limitations of this report. ! ! ! ! ! ! ! ! I I I I I I 10 I I KKP, LLC Property, Mattituck NP&V #10173 Typical Views of Property Facing North I ! i I I I I I I I I I I Source: NYSGIS Or*hoimagery Program, 2007 Sca~e: l" = 200' NORTH + I ! I I Source: NYS©[S Ox-thoimagery Program, 2007 Scale: t" = 500' NORTIt + I i I ! I I '" ..... ......... [' of So diotd Z( i g Map I I I I I I ! I !$ I I I I I I County So~I Survey NOR'I'll + --% I I I I I I ! ! ,, ! i I I I I I Source: tJSGS Water ResoLm;e investigation RepoA, 2009 NO~TH · \/ '\ SottFce: S('WA, 2009 Scale: i" := 600' NORTH + Source: NYf~DEC Freshwater Wot~ands Map, Maltituck Quadrangle Sca~c: i" 1,000' I xx ,,,,~, <' ~ ~ ~ ...... -~ . im m m " ~ x ~,' .... 'h m m ....... :,,,~ , Source: National Wetlandsh~ventory Map, NO~T{I mm Mattimck Quadrangle ~- ~)~e X " .................. So ]EMA MaI # 36103C0477H Scale: t" =: 50/Y NORFH + '% 0 1/8 1/4 ti2 Toxics Targeting 1 Mile Radius Map KKP, LLC Property Mattituck, NY 11952 N National PdodbJ OList (NPL) QDisposal Registry Site Suffolk County ~ Registry Qualifying ERCRA CorTective t 3 · KKP, Toxics Targeting 1/2 Mile Radius Map KKP, LLC Property Mattituck, NY 11952 E~D CERCLIS Superf~nd Non-NFRAP Site Suffolk County ODelisted NPL Site CERCLIS Superf~Jnd E~ NFRAP Site FF~ Hazardous Waste Treater, Storer, Disposer G Hazardous Substance Solid Waste Facility Border ~ Waterbpdy 1f2 0 1/16 1/8 1/4 1/2 Toxics Targeting 1/4 Mile Radius Map KKP, LLC Property Mattituck, NY 11952 N Major Oil ~ Storage Facility Facility Toxic Wastewater ~ Dischorge County Radius Suffolk County Docket Facility PetmleumBulk Storage Facili~ HazardougWaste Generator, Transp . KKP. LLC Property / , \ \ \ Toxics Targeting 1/4 Mile Closeup Map KKP, LLC Property Mattituck, NY 11952 N .,~_ National Pdodty List (NPL) * C~ CERCUS Superfund Non-NFRAP Site ** Suffolk County ODetisted NPL Site CERCLIS Superfund E~] NFRAP Site Inactive Hazardous Waste Inact Haz Waste Disp QDisposalRegistrySite * H RegistryOualifying RCRA Corrective []Storer,Hazard°us Waste Treater,DispOser ** [~ Action Facility ' Waste Disposal Site Major Oil Chemical Storage Toxic V Discharge **' Docket Facility Petroleum Bulk Storage Facility Hazardous Waste Generator, Transp Location Radius ~ Waterbody Radius Mile Search Radius · I Mile Search Radius 1/4 0 1/8 1/4 *** 1/4 Mile Search Radius Di~t~nce in Miles P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of October 19, 2010 RESOLUTION 2010-822 ADOPTED Item # 6.6 DOC ID: 6281 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-822 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2010: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday~ November 4~ 2010~ at 7:05 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 KKP~ tLC. Said property is identified as part of SCTM #1000-120.-3-11.9. The address is 750 Sound Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the southerly side of Sound Avenue approximately 409 feet westerly from the intersection of Aldrich Lane & Sound Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8± acres (subject to survey) of the 10± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated October 20, 2010 Page 5 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Thursda¥~ November 4~ 2010~ at 7:05 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 KKP~ LLC. Said property is identified as part of SCTM #1000- 120.-3-11.9. The address is 750 Sound Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the southerly side of Sound Avenue approximately 409 feet westerly from the intersection of Aldrich Lane & Sound Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8± acres (subject to survey) of the 10± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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: October 19, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON October 28, 2010 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING November 4, 2010 7:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert K~upski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:45 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Thursda¥~ November 4~ 2010~ at 7:05 p.m.~ Southold Town Itall~ 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 KKP~ LLC. Said property is identified as part of SCTM # 1000-120.-3-11.9. The address is 750 Sound Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the southerly side of Sound Avenue approximately 409 feet westerly from the intersection of Aldrich Lane & Sound Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8± acres (subject to survey) of the 10± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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. Purchase of DRE of KKP, LLC 2 November 4, 2010 I have a notice that it was posted on the Town Clerk's bulletin board on the 20th of October. Notice that it was posted in the Suflblk Times on the 28th of October and that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition? COUNCILMAN KRUPSKI: I will just give a brief description of it. It is a small parcel, normally one that the Town or Land Preservation Committee might not be interested in as it is only an eight acre acquisition. However, if you look at the map, there is a significant amount of town and county owned development rights land to the north, the north side of Sound Avenue and also to the south, which is actually adjacent to this parcel. And it is just north west of a huge block of preserved land, town and county and subdivision open space around Laurel Lake. So it really is part of the bigger picture there of land preservation for agricultural purposes in that area. SUPERVISOR RUSSELL: Any public comment? (No response) I will just make a comment. Obviously want to thank the family, the owners for their participation. This program only works because people generously come and offer the property for sale of development rights and I want to thank the family. This hearing was closed at 7:49 PM Elizabeth A. Neville Southold Town Clerk S E P U R C H A S E R E S O L U T I O N RESOLUTION 2010-899 ADOPTED DOC ID: 6282 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-899 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 4, 2010: 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 KKP, LLC on the 4th day of November, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-120.-3-11.9. The address is 750 Sound Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the southerly side of Sound Avenue approximately 409 feet westerly from the intersection of Aldrich Lane and Sound Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8-- acres (subject to survey) of the 10=t= 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 easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty three thousand dollars) per buildable acre for the 8=t: acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and acquifer recharge area values; 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 that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Toxvn Board of the Town of Southold classifies this action as an Unlisted Resolution 2010-899 Board Meeting of November 4, 2010 Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it 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; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by KK, LLC, identified as part of SCTM #1000-120.-3-11.9. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/4/2010 2:46 PM by Lynda Rudder Page 2 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) I13. APPLICANT/SPONSOR ~ . /2. PROJECT NAME · PROJECT LOCATION: Municipality ~ ~n'~.4~ ~ ~>"-~o~t,3 County ~O~: POt. t~ 4 PREC SE LOCATION (Street address and road intersections, prominent landmarks etc.. or provide map) ~/o 5c~-~'~- ~ooo - ~o - 5. PROPOSED ACTION IS: [~New [] Expansion [] Uodlficatioa/alterafion 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNTOF LA.~D.~FFECTED: Initially ~ -- acres Ultimately ~ O'~ ac~es WL. PRO ED ^CTIO. COMPLY O.,NS CR O ER , TI.O DSE RESTR,C,,ONS? 9. WHAT ISPRESENT LAND USE IN VICINITY OF PROJECT? De .s~: esidential~. : [] Industrial [] Commercial ,~TAgriculture [] PaHdForest/Open Space [] Other 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: ~1. DOES ANY ASPECT OF THE ACT~N .AVE A CURRENTLY VALtO PERMrr CR APPROVAL? [] Yes [~ No If Yes, list agency(s) name and perm,/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: J"~.~. ~100) ~',~r~r~:>¢~'f'.~t'~'~.(~oo~.~0,~,~.'~ Date: /~)/.qO~O Signature: ~ I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER 1 3ART II - IMPACT ASSESSMENT {To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [-"~ Yes [~No B. WILL ACTION RECEIVE COORDINATED REVIEVV AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [~Yes r-'"'~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (/~swers may be handwntten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or deeding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife spedes, signi§cent habitats, or threatened or endangered species? Explain briefly: C4. A community's exisflng plans or itoals as offictslly adopted, or a change in use or ~ntens fly eL use of land or other natur,I resoume$? ~plain bdefiy: C6. Orow~. subs~luent development, or related a~fivities likely to be induced by tho proposed action7 Explain briefiy: C6. Lon~ term, short term, cemulative, or other effects not identified in C14357 Explain briefly: C7. Other impact* (induding chooflos in u~ of either quantity or typo of energy)7 Explain bfiefiy: O. 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 bdefiy: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes {~No If Yes, explain briefly: PART I11 - DETERMINATION OF SIGNIFICANCE (To be completed byAgency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, important or otheP~vise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressC~l. If question D of Part II was checked ~s, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Checkthtsb~xify~uhave~dentifk~d~ne~rm~rep~tenfiafly~a~ge~signi~cantadverse~mpac~swhichMAY~ccur~ ThenproceeddirecfiytotheFUL FAF and/or p~epare a positive dedaratioo. ~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the .propo. sed sctio~ NOT result in any significant adverse environmental impacts AND provide, on attachments as r~ecessary, the reasons supporhng this determmaflon Name of Lead Agency Pdnt o~~ncy Sfgna~re of Responsib'le O?6c~rln Lead Agency Date Title of Re~fficer Sig~~nt from responsible officer) OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: November 4,2010 Re: Purchase of a development rights easement on property owned by KKP, LLC. Location: 750 Sound Avenue in Mattituck SCTM# 1000-120.-3-11.9 The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8+ acres (subject to survey) of the 10+ acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator C L O S I N G S T A T E M E N T CLOSING STATEMENT KKP, LLC to TOWN OF SOUTHOLD Total Development Rights Easement - 8.1638 acres Total Parcel Acreage - 10.000 acres Reserved Area - 1.84 acres (80,000 sq. ft.) Access Area - 0.1829 acre (not included in purchase price) Premises: 750 Sound Avenue, Mattituck Part of SCTM #1000-120.-3-11.9 Closing took place on Thursday, December 9, 2010 at 2:30 p.m., Southold Town Hall Annex Purchase Price of $ 502,796.70 (based upon 7.9809 buildable acres (~ $63,000/buildable acre) disbursed as follows: Payable to Bridgehampton National Bank $ 460,000.00 (121912010) Payable to KKP, LLC $ 49,741.70 (121912010) Payable to Charles R. Cuddy, Esq. $ 3,055.00 (12/9/2010) Expenses of Closing: Appraisal Payable to Elinor Brunswick, MAI (101512010) $ 1,750.00 Survey Payable to Nathan Taft Corwin III Land Surveyor (12114/2010) $ 2,300.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC (11/30/2010) $ 1,100.00 Title Report Payable to Stewart Title Insurance Company (12/912010) Title insurance policy $ 2150 Recording easement $ 275 Certified Copy $ 50 $ 2,475.00 Title Closer Attendance Fee Payable to Patricia Fallon (12/9/2010) $ 100.00 Those present at Closing: Lisa Clare Kombrink, Esq. Peter Harbes Charles R. Cuddy, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst 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~bmnswickappraisl,com Sanford S. Brunswick Elinor Brunswick, MAI State Certified General Appraisers Armand Brunswick, MAI 1881-1960 September 8, 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. Splro, Land Preservation Coordinator Development Rights Easement Acquisition KKP, LLC. Property 750 Sound Avenue Mattituck, New York Tax Map Number: 1000-120-3-11.009 INVOICE# 1000-17 Real Estate Appraisal $1,750 Thank you DEPI-. OF LAND PRESERVATION NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. P.O. BOX 16 Jamesport, New York 11947 Office Location: 1586 Main Road, Jamesport NY Phone # 631-727-2090 Fax# 631-727-1727 Bill To Town of Southold Department of Land Preservation IP.O. box 1179 Southold, New York 11971 Att Melissa Job # [ Client: 30.262 Description Survey (PO#21565) Invoice Date I Invoice # 12/I/2010 3941 Terms 30 DAYS S.C. Tax Lot No, 1000-120-03-11.9 Amount 2,300.00 Nelson Pope & Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 (631) 427-5665 Melissa Spiro Town of Southold Dept of Land Preserv Town Hall 53095~ State Rt 25, PO Box 1179 Southold, NY 11971 November 19, 2010 Project No: V10X156.001.000 Invoice No: 7861 Project Manager Stevec McGinn Project V10X156.001.000 KKP. LLC Property, Mattituck Professional Services Phase SA Site Audit Task 1300 Phase I ESA Contract dated October 11, 2010: Item 1. Prepare Phase I Environmental Site Assessment Work Performed thru 10/27/10 Fee Total Fee 1,100.00 Percent Complete Total Earned 1,100.00 Previous Fee Billing 0.00 Current Fee Billing ~l,tO0'tDO Total Fee TOtal this 1'as k Total this Phase Total this Invoice $1,1(30.0g $1,t00~00 $1,100.00 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 T,,e No. FEE INSURANCE COVERAGE ~1 ~7~:,~ 70 PREMIUM MORTGAGE 1NSU~NCE CO~RAGE PREMIUM AdjustabLe Rate Rider MORTGAGE TAX (Mo~gagee) COMMUNITY PRESERVATION FUND DEPARTMENT~ SEARCHES STREET ~PORT ESCRO;V DEPOSIT ESCROW DE.SIT FEE ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ()MORTGAGE~FIDA~T(S) ( ) ASSIGNMENT(S) (.'LOSER CttARGES, 1F ANY: PICK-UP FEE OTHER: PATRICIA L. FALLON Title Closer R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 25 Receipt Number : 11-0005378 TRANSFER TAX NUMBER: 10-12351 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 120.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $502,796.70 01/14/2011 04:21:10 PM D00012648 617 Lot: 011.018 Received the Following Fees For Above Instrument Exempt Page/Filing $125.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $16.25 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: THIS PAGE 10-12351 IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $216.25 JUDITH A. PASCALE County Clerk, Suffolk County FEB 1 7 DEPT. OF PR[SERVATION Number o2[ pages This document will be public record. Please remove all Social Security Numbers prior to recordin,g,. De~t / Mtxrtgage Instn~ment 31 Page / Filing Fcc ] ~:~' __ Handling ~. 00 TP-584 ~ ~ Notation EA-52 17 (Co~) ~-s:~7 (s~t~) ~ ~ R.ET.S.A. Co~. of ~. 5: ~ Deed / Mortgage Tax Stamp ~1 · RECORDED 20it Jan !4 04:2D10 PM ~UDITH G. P~SCflLE CLERK OF SUFFOLK COUNTY L 000012648 P 617 Recording / Filing Stamps subTo I Affidavit NYS Surcharge 15. 00 Sub Total Other Grand TOtal [ I ' ' 4 Dist./&T~ Sec~ .~k ___ I .~x ~. 1, 1000 12000 0300 011018 Real Property Tax Service Agency 'v'ari~¢atlo~ ~ Satis£actiuns/Discharges/Releases Lis~ ProPe~'ff Ow~exs Marling Address I~COI~ & I~JE~J'I~N TO: jaart~_~r ~1'~ ltqT/ Mail to: Judith A. Pasealo, Suffolk Oounty Clerk 31o Center Drive, Riverhead, NY 11901 www. suffolkeountyny, oov/¢lerk 8 Mortgage Amt, 1. Basic Tax 2. Additional Tax Sub Total SpecdAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfex Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two , family dwelling only. YES or NO If NO, sec appropriate tax ¢inas~ on page # of this instxumcnt. ~ Consideration Amount $ Improved Vacant Land TD TD TD !mTitle Company Information Suffolk CounW Recording & Endorsement Page This page forms pa~ of the attaebed ~Jg~-o~' ~c'//'~L~t°~/~T'~4,~3*~TET,,~''- madeby: SPECIFY TYPE OF I~TSTR~ sUFFoLK COUN'I~, NEW YORK. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~ day of December, 2010 at Southold, New York. The parties are KKP, LLC, with offices at 1002 Bluff Drive North, Baiting Hollow, New York 11948, cio Peter Harbes, Managing Member (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Hain Road, P.O. Box 1179, Southold, New York 11971 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-120-3-11.9 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 Nathan Taft Corwin III, Land Surveyor, dated November 2, 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 A-C 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 Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for field 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 FIVE HUNDRED TWO THOUSAND SEVEN HUNDRED NINETY-S][X AND 70/100 DOLLARS ($502,796.70.) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A' annexed hereto and made a part of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. 2 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, except as set forth in Stewart Title Insurance Title Report No. 1009332, 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, natural, scenic and agricultural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by Nathan Taft Corwin III, Land Surveyor, dated November 2, 2010, and a Phase 1 Environmental Site Assessment dated November 4, 2010 by Nelson, Pope and 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 4 "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") now, or as said Chapter 70 may be amended, 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 §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. 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. "~[mprovement" 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 5 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 FIVE HUNDRED TWO THOUSAND SEVEN HUNDRED NINETY-SIX AND 70/100 DOLLARS ($502,796.70) and such other 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 Haterials; Mininq The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be 6 changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided 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 l0 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. 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. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices 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, except for underground utilities presently existing, and referenced in an easement recorded simultaneously herewith in the Office of the Suffolk County Clerk and described in Section 4.06 herein. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in {}247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended 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 said Section 301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, and 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 Natural Resources Conservation Service ("NRCS"). 3.09 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 in order to control flooding or soil erosion on the Property. 3.10 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. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use 9 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. Grantor may maintain the following pre-existing uses located within the 7,966 sq. ft. access area at the northeast side of the Property and shown on the Survey ("the Access Area"): :L. Parking within the nOrtherly portion of the Access Area shown on the Survey as the "Gravel & Dirt Area," up to the point shown on the survey as "Post and Rail Fence," provided said parking area is used in conjunction with Grantor's retail agricultural uses; 2. "Dirt Access Road" shown on the survey, used for the following: a) agricultural purposes; b) to access overflow parking areas on adjacent parcels for Grantor's retail agricultural uses; c) to access a residential dwelling, on an adjacent parcel. Said dirt access road shall only be used for the purposes set forth in this 4.03, and not for any new or additional uses. 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 l0 maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as said Chapter 70 may be amended 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 may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. 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 ~[mprovements. 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: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; Underground utilities presently existing and referenced in an easement recorded simultaneously herewith, said easement area shown on the Survey. ]1 Pre-existing dirt access road, located within the 7,966 sq.ft. Access Area of the Property and accessed from Sound Avenue, shown on the Survey; (iv) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (v) 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; (vii) Any improvement excluded from the definition of "Structure" in Section :~.02. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. 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 ]2 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 of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 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 all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property fallow 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 5.02 and Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection 14 Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration [n addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Riqhts 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, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 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. Hailed 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. Hailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the 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/Condemnation At the mutual request of Grantor and Grantee, 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, 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 development rights transferred hereby. 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 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 l? and any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under fnternal 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 the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. in addition to the limitations set forth above, Grantee shall have the right 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, zf 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. 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. Tnstead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. ff any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs ]9 The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: KKP, LLC, Grantor,/ PE--I=ER H/~RBES, Man~agir~g McF-n~bef~ ACKNOWLEDGED AND ACCEPTED: S~t{~/A. Russell, Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK), SS: On the ~- day of ~ in the year 2OlO before me, the undersigned, personally appeared Peter Harbes, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement PATRIOIA L FALLON STATE OF NEW YORK ) Notary Public, State Of New Yor~ No. 01 FA4950146 COUNTY OF SUFFOLK ) SS: Qualified In Suffolk County Commission Expires April 24, On this ~-~ day of ~ 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 20 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. FALLON Notary Public, State Of NewYorl~ No. 01FA4950146 Qtmlified In Suffolk County Commission Expires April 24~ 2] title insurance company~°°~,,z NEW YORK METRO 800-853-4803 212-922-1593 fax stewartnewyork.com SCHEDULE A - DESCRIPTION Title No.: ST10-09332 AMENDED 12/7/2010 DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue distant the following two (2) courses and distances from the comer formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane (Elisha's Lane): (]) (2) North 89 degrees 54 minutes 00 seconds West, 489.07 feet; South 88 degrees 13 minutes 50 seconds West, 119.94 feet to the true point or plaee of beginning; RUNN1NG THENCE along land now or formerly of Harbes Farm Riverhead East, LLC and through a concrete monument, South 19 degrees 59 minutes 10 .seconds East, 1,389.36 feet to land now or formerly of P&E, LLC (Town of Southold Development Rights); THENCE along said land South 71 degrees 31 minutes 30 seconds West, 305.21 feet to land now or formerly of Patricia Divello; THENCE along said land North 19 degrees 53 minutes 50 seconds West, 1,120.73 feet to a point; THENCE North 70 degrees 06 minutes 10 seconds East, 253.42 feet to a point; THENCE North 19 degrees 59 minutes 10 seconds West, 277.45 feet to the southerly side of Sound Avenue; THENCE along the southerly side of Sound Avenue North 88 degrees 13 minutes 50 seconds East, 52.64 feet to the tree point or place of BEGINNING. RESERVE AREA - NOT TO BE INSURED (for informational purposes only) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue distant the following three (3) courses and distances from the comer formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane (Elisha's Lane): (1) North 89 degrees 54 minutes 00 seconds West, 489.07 feet; (2) (3) South 88 degrees 13 minutes 50 seconds West, 119.94 feet; South 88 degrees 13 minutes 50 seconds West, 52.64 feet to the true point or place of beginning; RUNNING THENCE South 19 degrees 59 minutes 10 seconds East, 277.45 feet to a point; THENCE South 70 degrees 06 minutes 10 seconds West, 253.42 feet to land now or formerly of Patricia Divello; THENCE along said land North 19 degrees 53 minutes 50 seconds West, 351.79 feet to the southerly side of Sound Avenue; THENCE along said southerly side of Sound Avenue the following two (2) courses and distances: (i) (2) North 85 degrees 38 minutes 20 seconds East, 178.42 feet; North 88 degrees 13 minutes 50 seconds East, 85.33 feet to the true point or place of BEGINNING. ACCESS AREA ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Matlituck, Town of Soudiold, County of Suflrblk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue distant the following two (2) courses and distances from the comer formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane (Ehsha's Lane): (~) (2) North 89 degrees 54 minutes 00 seconds West, 489.07 feet; South 88 degrees 13 minutes 50 seconds West, 119.94 feet to the tree point or place of beginning; RUNNING THENCE along land now or formerly of Harbes Farm Riverhead East, LLC and through a concrete monument, South 19 degrees 59 minutes 10 seconds East, 268.32 feet; THENCE South 70 degrees 00 minutes 59 seconds West, 25.38 feet; THENCE North 19 degrees 59 minutes 10 seconds West, 234.57 feet; THENCE South 85 degrees 59 minutes 29 seconds West, 25.61 feet; THENCE North 19 degrees 59 minutes 10 seconds West, 43.15 feet to the southerly side of Sound Avenue; THENCE along the southerly side of Sound Avenue North 88 degrees 13 minutes 50 seconds East, 52.64 feet to the true point or place of BEGINNING. sOUND AVENUE SURVEY OF PROPERTY SITUATE MATTITUEK TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK Nathan Taft Corwin III Land Surveyor U T I L I T Y E A S E M E N T UTILITY EASEMENT KKP, LLC, (Grantor) a New York limited liability company with offices at 1002 Bluff Drive North, Baiting Hollow, New York 11948, the owner of a parcel at 750 Sound Avenue, Mattituck, New York, designated as the Suffolk County Tax Map No. 1000-120-3-11.9, hereby establishes, creates and grants a 10 foot wide underground utility easement across and through the above described parcel in favor of the adjoining parcel to the south (SCTM #1000- 120-3-11.16). The utility easement hereby created is shown on a survey for the Town of Southold prepared by Nathan Taft Corwin III, Land Surveyor, dated November 2, 2010 and is described on Schedule A annexed hereto. Further, the parcel at which the utility easement is located is the subject of a Grant of Development Rights Easement recorded in the office of the Suffolk County Clerk at L. p.. Conveyance of any part of the Development Rights Easement area, as shown on the above referred to survey, shall be subject to the underground utility easement. The Grantor, its successors or assigns shall have the right to maintain existing utility lines in the described easement area, and to service the adjoining parcel, and, when necessary, shall have access to the described easement area for the purposes of repair, removal or replacement of such lines now existing in such easement, subject to the further provisions Grant of Development Rights Easement. This easement may be amended only with written consent of the Grantor and the Town of Southold. Dated: December 9, 2010 Peter Harbes, Managir~g Mert~er PATP~ICIA L. FALLOb~-'~ Notary Pubic, State Of..N~w York No. ~ FA49.50146 Qualified I~olk County Commissiorffl~r.e~ April 24, STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the~day of A).P_Z~alJ, U.~ in the year 2010, before me, the undersigned, personally appeared Peter Harbes personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public PATRIC[A L. FALLON Notary Public, State Of New No. 01 FA4950146 Qua lied in Suffolk County Commission Exp res April 24, Legal Description of 1 O' Wide Utility Easement ALL that certain plot, piece or pm'cci of land, situate, lying and being at Mattituck, Town of Southo!d, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue, said point of beginning distant the following two (2) courses and distances along the southerly line of Sound Avenue from the intersection formed by the southerly line of Sound Avenue and the westerly side of Aldrich Lane (Elisha's Lane): (1) North 89 degrees 54 minutes 00 seconds West, 489.07 feet to a point; (2) South 88 degrees 13 minutes 50 seconds West, 123.10 feet to the true point or place of BEGINNING; RUNNING thence South 19 degrees 59 minutes 10 seconds East through land now or formerly KKP, LLC, 1,390.29 feet to a point along the northerly line of land now or formerly of P & E, LLC and Town of Southold (Development Rights); RUNNING thence South 71 degrees 31 minutes 30 seconds West along the northerly line of above said land, 10.00 feet to a point; RUNNING thence North 19 degrees 59 minutes 10 seconds West through land now or formerly ofKKP, LLC, 1393.32 feet to a point along the southerly line of Sound Avenue; RUNNING thence North 88 degrees 13 minutes 50 seconds East along the southerly line of Sound Avenue, 10.53 feet to the point or place of BEGINNING. T I T L E P 0 L I C Y ALTA Owner's Policy (6 17 06) POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given lhe Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions- COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, {the "Company") insures, as of Date ol Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding 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 Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation: (ii) failure of any person or Entity to have autbodzed a transfer or conveyance; (iii)a document affecting ~tle not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; {iv) failure to periorm those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective jbdicial or administrative proceeding. {b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land 3 Unmarketable Title 4. No right of access to and ttom the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restboling, regulating, prohibiling, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; o~ (d~ environmental protection it a notice, describing any pe~t of the Land, is recorded in the Public Records seeing forih the violation or intention to enforce, 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 governmental police power not covered by Covered Risk 5 if a notice ol the enforcement action, describing any part of the Land, is recorded in the Public Records, 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 par[ of the Land, is recorded in the Public Records, 8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Cou ntersig ned: Stewart Title Insurance Company New York, New York President rotary Serial NO O 8911 556600 File No: STIO 09332 COVERED RISKS (Continued} Title being vested other than as stated in Schedule A or being defective (i) to be tlmely, or (al as a result of the avoidance in whole or in pa~t, or from a courl order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor title to or any interest in the Land occurring prior to the transaction 10 Any defect in or lien or encumbrance on the Title or other matter included vesting Title as sho~r~ in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transtar under lederal been filed or recorded in the Pedlic Records subsequent to Date of Palley bankruptcy, state insolvency, or similar creditors' rights laws; or and pedr 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 shown in Schedule A Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, atlomeys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights lat,~s by defense of any matter insured against by this Palicy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions EXCLUSIONS FROM COVERAGE The follewleg matters are expressly excluded from the coverage of this palley. and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1 (a) Any law, ordinance, permit, or governmental regulation (including those ralating to building and zoning) restricting, regulatieg, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; 4. or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion t {a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2 2 Rights of eminent domain. This Exclesion does not modify or limit the 5 coverage p~ovided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the insured Claimant; (d) attaching or created subsequent to Date of Policy (ha~ever, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title, Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this poricy. Any lien on the TAle for real estate taxes or assessments imposed by govemmantal authadl~ 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 sbe~ in Schedule A. CONDITIONS DEFINITION 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 to this policy, increased by Section 8(b), or decreased by Sections 10 and 1 t of these Conditions. (b) "Date of Palicy": The date designated as "Date of Palicy" in Schedule A. {c) 'Entity": A corporation, partnership, trust, limited liabJlily company, or other similar legal entity. (d) "Insured": The insured named in Schedule A. {i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an ~nsured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other eduib/ interests of the grantee are wholly-owned by the named Insured. {2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-oweed by the same person or Entity, or (4) il the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A fac estate planning purposes. (ii) With regard to (A), (B), {C), and (D) reserving, hoverer, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may he imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A. and a~fixed improvements that by law senstitote real property. The term "Land" does not include any prober~y beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in apotting streets, roads, avenues, alleys, lanes, ways, or waten~ays, but this does not modify or limit the extent that a dght of access to and from the Land is insured by this policy {h) "Mottgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means aothodzed by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered RLsk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title ~- Page 2 Serial NO: O-8911-556600 File No,: ST10-09332 CONDITIONS (Continued) 2. CON'I]NUATION OF INSURANCE The coverage of this policy shall continue in force as 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 secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the insured shall have liability by reason ot warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mot[gage given to the Insured 3. NOTICE OF CLAIM TO BE GIVEN BY iNSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder oi any claim of titlo or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by vic[ue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the laiture of the Insured Claimant to provide prompt notice, the Company's liability to the insured Claimant under the policy shall be reduced to the extent of the prejudice 4, PROOF OF LOSS In the event the Company is unable to determine the amount of loss or pam~ge, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of less or damage and shall state, to the exient possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the insured, and subject to the options contained in Section 7 of these Condidons, the Company, at its own cost and withoot unreasonable delay, shall provide for the defense of an Insured in litigation in which any third pe~y asserts a claim covered by this policy adverse to the insured. This obligation is limited to only those stated causes ct action alleging mallets insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the Insured as to those stated causes of action b shall not he liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of ~hose causes of action that allege matters not insured against by this policy (b) The Company shall have the right, in addition to the options contained in Section 7 of these Condidons, at its own cost, to institote and prosecute any action or proceediog or to do any other act that in its opinion may be necessary 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 action under the terms of this policy, whether or not it shall be liable to the Insured The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecate or provide 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 secudng evidence, (b) obtaining w~nesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lewiul act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured If the Company is prejudiced by the failure of the insured to fumloh the required cooperation, the Company's obligations to the insured under the policy shall terminate, includin9 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 representative of the Company and to produce for examination. inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained. including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Cleimaot spall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy ell of these records in the custody or control of a third party that reasonably pertain to the loss or damage All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration ol the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant pormission to secure reasonably nece~ary information from third partios as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SEI-R.E CLAIMS; TERMINATION OF UABIUTY In case of a claim under this policy, the Company shall have the following additional options: {a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment ol the Amount of Insurance under this policy together with any coats, attorneys' fees, and expenses incurred by the insured Claimant that were authedzed by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the insured under this policy, other than to make the payment required in this subsection, shall terminate, including any Jiabifity or obligation to defend, prosecute, or continue any litigation, (b) To Pay or Othe~se Settio With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any c~aim insured against under this policy. In addition, the Company wti~ pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authedzed by the Company up to the gme of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the insured Claimant the loss or damage provided for under this policy, 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 obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or {ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation File No: ST10-09332 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract ol indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy (a) The extent of Jiabitity of the Company tor loss or damage under this policy shall not exceed the lesser of {i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccesslul in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the dght to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions 9. LIMITATION OF LIABIU'rY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures tho claim ol Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and tho completion of any appeals, it shall have fufiy pedormed its obligations with respect to that matler and shall not be liable for any loss or damage caused to the Insured. {b) In the event of any litigation, incieding litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of compate~t jurisdiction, and disposition of all appeals, adverse to the Title, as insured (c) The Company shall not be liable rpr loss or damage to the Insured for liability voluntadly assumed by the Insured in settling any claim or suit without the prior vwitten consent of the Company, 10. REDUCTION OF INSURANCE; REDLICTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount tho Company pays under any policy insuring a Mortgage to which exception is tal<en in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and tho amount so paid shall be deemed a payment to the Insured under this policy 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance wtih these Conditions, the payment shall be made within 30 days v ! 3. RIGHTS OF RECOVERY UPON PAYMENT OR SE'rrLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subregated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expanses paid by the Company If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or setits in the name nt the Insured Claimant and to use the name ol tho Insured Claimant in any trans~-'tion or litigation involving these I Pa~e 4 File No: ST10~09332 rights and remedies, it a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall deter the exercise of its right to recover until after the Insured Claimant shall have recovered its loss {b) The Company's right of subrogation includes the rights Ct the Insured to indemnifies, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or COntroversy shall be subm~ed to arbitration pursuant to the Title ~nsurance Arbitration Rules of the American Land Title Association ("Rules') Except as provided in the Rules, there shafi be no joinder or consa[idation with claims or controversies el other persons. Arbitraale matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or reieting to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controvemy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable mat~ers when the Amount of Insurance is in excess of $2,000,000 sha[I be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. UABILrrY LIMITED TO THIS POLICY; POLICY ENTIRE CONI~ACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision ol this policy, this poficy shall be construed as a whole, (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment ol or endorsement to this policy must be in ~Ndting and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy, (d) Each endorsement to this policy issued at any time is made a par[ of this policy and is subject to all ct its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Pa[icy. or (iv) increase the Amount of ~nsurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is hold invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect, 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured ackno~,tedges the Company has underwritten the dsks Covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in rea[ property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located Therefore, the cour[ or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy In neither case shall the court or arbitrator apply its conIlicts of lew principles to determine the applicable law (c) Choice of Forum: Any litigation or other proceeding brot~ght by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate judsdichon 18. NOTICES, WHERE SENT Any notice Ol claim and any cther nolice or stalemenl in writing required ~o be given to the Company ueder Ibis parity musI be given to the Company al Claims Deparlmenl al 300 East 42r~ SI, t0~" Floor, New York, NY 10017 Serial No.: O 8911 556600 ALTA OWNER'S POLICY (6/17/061 SCHEDULE A File No.: ST10-09332 Policy No.: O-8911-556600 Amount of $502,796.70 Premium: $2,153.00 Insurance: Date of December 9, 2010 Policy: 1. Name of Insured: Town of Southold The estate or interesl in the Land that is insured by this policy is: Development Rights Easement Title is vested in: Town of Southold who acquired Development Rights by Grant of Development Rights Easement by KKP, LLC dated 12/9/2010 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 mid made a part hereof. Section: 120.00 Block: 03.00 Lotp/e011.009 ,aLTA OWNER'S POLICY 16/17/06) File No.: ST10-09332 SCHEDULE A DESCRIPTION Policy No.: O-8911-556600 DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold. County of Suffolk and State of New York~ bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue distant the following two (2) courses and distances fi'om the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane (Elisha's Lane): North 89 degrees 54 minutes 00 seconds West, 489.07 feet; South 88 degrees 13 minutes 50 seconds West, 119.94 feet to the true point or place of beginning: RUNNING THENCE along land now or formerly of Harbes Fanta Riverhead East, LLC and through a concrete monument, South 19 degrees 59 minutes 10 seconds East. 1,389.36 feet to land now or foimerly of P&E. LLC (Town of Southold Development Rights): THENCE along said land South 71 degrees 31 minutes 30 seconds West, 305.21 feet to land now or formerly of Patricia Divello: THENCE along said land North 19 degrees 53 minutes 50 seconds West, 1,120.73 feet to a point; THENCE North 70 degrees 06 minutes 10 seconds East, 253.42 feet to a point; THENCE North 19 degrees 59 minutes 10 seconds West, 277.45 feet to the southerly side of Sound Avenue: THENCE along the southerly side of Sound Avenue North 88 degrees 13 minutes 50 seconds East, 52.64 feet to the U'ue point or place of BEGINNING. RESERVE AREA - NOT TO BE INSURED (for informational purposes only) ALL that certain plot. piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue distant the following thzee (3) courses and distances from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane (Elisha's Lane): North 89 degrees 54 minutes O0 seconds West, 489.07 feet; South 88 degrees 13 minutes 50 seconds West, 119.94 feet; Smuh 88 degrees 13 minutes 50 seconds West, 52.64 feet to the m~e point or place of beginning; RUNNING THENCE South 19 degrees 59 minutes 10 seconds East, 277.45 feet to a point: THENCE South 70 degrees 06 minutes 10 seconds West, 253.42 feet to land now or formerly of Patricia Divello: THENCE along said land North 19 degrees 53 minutes 50 seconds West, 351.79 feet to the southerly side of Sound Aveuue; ALTA OWNER'S POt.ICY 16/17/061 THENCE along said southerly side of Sound Avenue the following lwo (2) courses and distances: North 85 degrees 38 minutes 20 seconds Ea~sl, 178.42 feet; North 88 degrees 13 minutes 50 secouds East, 85.33 feet to the true point or place of BEGINNING. ACCESS AREA ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold. County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue distant the following two (2) courses and distances from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane (Etisha's Lane): North 89 de~-ees 54 minutes 00 seconds West, 489.07 feet: South 88 degrees 13 minutes 50 seconds West, 119.94 feet to the tree point or place of beginning; RUNNING THENCE along land now or formerly of Harbes Farm Riverhead East, LLC and through a concrete monument, South 19 degrees 59 minutes 10 seconds East, 268.32 feet; THENCE South 70 degrees 00 minutes 59 seconds West, 25.38 feet; THENCE North 19 degrees 59 minutes 10 seconds West, 234.57 feet; THENCE South 85 degrees 59 minutes 29 seconds West, 25.61 feet; THENCE North 19 degrees 59 minutes 10 seconds West, 43.15 feet to the southerly side of Sound Avenue: THENCE along the southerly side of Sound Avenue North 88 degrees 13 minutes 50 seconds East, 52.64 feet to the true point or place of BEGINNING. ALTA OWNER' S POLICY 16/17/06) SCHEDULE B PART I File No.: ST10-09332 Policy No.: O-8911-556600 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: 1. Agreements of Non-Interference with Development Rights as set forth in Liber 12603 Page 141, Liber 12603 Page 142, Liber 12603 Page 143 and Liber 12603 Page 144 (covers premises and more). 2. Survey exceptions set forth as follows: a) Northerly line: Access Area located: b) Easterly line: Access Area located; sign located; proposed 10-foot utility easement located; dh't access road located within Access Area varies with part of easterly line; c) Southerly line: Dirt farm road varies with record line; d) Westerly line: Dirt farm road traverses westerly pan of premises As shown on survey made by Nathan Taft Corwin 1~, last dated 11/2/2010. 3. Rights of tenants or parties in possession, if any. 4. Policy will except the terms and conditions of the grant of Development Rights Easement to be executed by the grantor and the Town of Southold. STEWART TITLE INSURANCE COMPANY tlEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST10-09332 Date of Issue: December 9, 2010 ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-556600 1. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials famished 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 tiffs policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaclfing between Date of Policy and the date of recording of the deed or other inslrument of transfer in the Public Records thai vests Title as Shown in Schedule A. This endorsement is issued as pan of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of tttis endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the reims and provisions of the policy m~d of any prior endorsements. DATED: December 9, 2010 Countersigned By: Authorized Office or Agent STEWART TITLE INSURANCE COMPANy Secretary Slewart Title Insurance Company 300 East 42nd St., Illth FI New York, New York 10017 STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POLICY (6-17 06) SUBORDINATION AGREEMENT This Agreement made the )~ day of December, 2010 BETWEEN BRIDGEFIAMPTON NATIONAL BANK with offices at 2200 Montauk Highway, Bridgehampton, New York 11932 party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at 53095 Main Road, Southold, New York 11971, a party of the second part, WITNESS: WHEREAS, the said party of the first part now owns and holds the following mortgages or notes secmed thereby: 1. Credit Line Mortgage Dated 12/21/2005 made by EWH Limited Liability Company to Bridgehampton National Bank to secure the principal sum of $500,000, which mortgage was recorded onl/9/2006 in Liber 21207, Page 697 in the Office of the Clerk of the County of Suffolk; 2. Commercial Real Estate Mortgage Dated 2/23/2009 made by EWH Limited Liability Company to Bridgehampton National Bank to secure the principal sum of $300,000, which mortgage was recorded on 3/18/2009 in Liber 21798, Page 448 in the Office of the Clerk of the County of Suffolk; 3. Commercial Real Estate Mortgage Dated 2/23/2009 made by EWH Limited Liability Company to The Bridgehampton National Bank, to secure the principal sum of $200,000, which mortgage was recorded on 3/18/2009 in Liber 21798 Page 44 in the Office of the Clerk of the County of Suffolk; 4. Spreader Agreement Dated 3/2/2010 made by EWH Limited Liability Company, P & E, LLC and KKP, LLC with the Bridgehampton National Bank which spreads Mortgage Nos., 1, 2 and 3 over Tax Lots 011.9, 011.013 through 011.016 and 0600 011.02-01.00-028.000; 5. Mortgage and Security Agreement Dated 3/2/2010 made by EWH limited Liability Company, P & E, LLC and KKP, LLC, with the Bridgehampton National Bank, to secure the principal sum of $660,000, which mortgage was recorded on 3/29/2010 in Liber 21932 Page 231 in the Office of the Clerk of the County of Suffolk; 6. Mortgage and Security Agreement Dated 3/2/2010 made by EWH Limited Liability Company, P & E, LLC and KKP, LLC to the Bridgehampton National Bank to secure the principal sum of $500,000, which mortgage was recorded on 3/29/2010 in Liber 21932 Page 232 in the Office of the Clerk of the County of Suffolk; WHEREAS, KKP, LLC with an address c/o Peter Harbes, 1002 BluffDrive North, Baiting Hollow, New York 11933, the present owner of the premises hereinafter mentioned and described in said mortgages is about to execute and deliver to said party of the second part, a Grant of Development Rights Easement conveying and granting an easement upon a portion of the mortgaged premises described in Schedule "A" annexed hereto; and also described in said easement; and WHEREAS, the party of the second part has refused to accept said easement unless said mortgages held by the party of the first part be subordinated in the manner hereinafter mentioned, NOW, THEREFORE, in consideration of the premises and to induce the party of the second part to accept the easement and also in consideration of one dollar paid to the party of the first part, the receipt whereof is hereby acknowledged, the party of the first part hereby covenants and agrees with the party of the seconds part that said mortgages held by the party of the first part be and shall continue to be subject and subordinate to the lien of the Grant of Development Rights Easement dated December 9, 2010 about to be delivered by the Town of Southold simultaneously herewith (the "Easement"). The Easement consists of the limitations, agreements, covenants, use, restrictions, rights and conditions set forth therein, intended to r6strict further development of the property while permitting use of the property for agricultural productions and compatible uses thereof as set forth in the Easement. IN WITNESS WHEREOF, the party of the first part has duly executed this Agreement the day and year first above written. Title STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the -~'~'day of ~")4c~ccx _'('~(~ in the year 2010, before appeared me, the undersigned, personally personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual ' whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf °f which the individual acted' execute~2 (~c~/~ REGINA $OBCZYK Notary Public, State of New Yod( No. 01S06204167 ComC)ualified in Suffolk Court/ mission Expires April 13, 2015 AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK SS.: Peter Harbes, being duly sworn, deposes and says: 1. That I am the Member ofKKP, LLC 2. That since KKP, LLC was formed on June 24, 2003 it has been known by no name other than KKP, LLC. 3. That I make this affidavit knowing that it will be relied upon by Stewart Title Insurance Company in issuing its policy of title insurance. Sworn to before me this day of December, 2010. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County ~, Commission Expires April 24,oZ~ I/ N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ~ fO acres of active farmland and/or -- acres of non-farmland, situated at Suffolk County Tax Map No. plo 1000-120-3-11.9 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 Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD S O~~~.~USSELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 paragraphs (b) and (c) of section 305(4) of the Landowner KKP, LLC 1002 Bluff Drive North Baiting Hollow, NY 11933 STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK ) On the q~day of 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; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK) )SS: PATRICIA L. FALLON Notary Public, State Of New Yore No. 01FA4950146 Qua ified In Suffolk County Commission Expires April 24j On the ~J~ day of ~¢z~.~,-~.z~ 2010, before me personally appeared PETER HARBES, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary pUblic, State Of NewYork No. 01FA4950146 Qual f ed In Suffolk County - Commission ExP res April 24, ~..~/,/ STATE OF NEW YORK DEPAHTMENT OF AGRICULTURE AND MARKETS Division of Agricultural Protection and Development Services 518-457-2713 Fax. 518457-2716 10B Airline Drive Albany, New York 12235 March 9,2011 Melissa Spiro Land Preservation Coordinator Town of Southold Dept. of Land Preservation 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 Peter Harbes, Managing Member, KKP,LLC for approximately +10 acres of active farmland located at 1000-120-3-11.9, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and I 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 Southold. 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, Manager, Agricultural Protection Unit CC; Dave Behm, Farmland Protection Unit Ken Schmitt, Chair, Suffolk County AFPB File No.: AP 11/012-W MAR 1 4 2011 DEPT. OF LAND PRESERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 26, 2011 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 KKP~ LLC to TOWN OF SOUTHOLD Part of SCTM #1000-120.-3-11.9 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 Peter Harbes, Managing Member of KKP, LLC, at the time of closing on a development rights easement on active farmland formerly identified as part of SCTM #1000-120.-3-11.9. Details regarding this easement are as £olIows: GRANTOR: GRANTEE: SUFFOLK CO RECORDiNG DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: KKP, LLC Town of Southold 1/14/2011 D00012648 617 750 Sound Avenue, Mattituck 8.1638 acres p/o 1000-120.00-03.00-011.009 r~k/a 1000-120.00-03.00-011.018 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation Division of Lands & Forests Bureau of Real Property, 5th Floor ~p25 Broadway, Albany, New York 12233-4256 hone: (518)402-9442 · Fax: (518)402-9028 Website: www.dec.ny,,qov Joe Martens Acting Commissioner February3,2011 Melissa Spiro Dept. of Land Preservation 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 542 Grantor: KKP, LLC Liber: D00012648 Page: 617 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 CLM: gm FEB -7 2011 DEPT. OF LAND PRESERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (631) 765-5711 Facsimiie (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 1 179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 7,2011 Peter Harbes KKP, LLC 1002 Bluff Drive North Baiting Hollow, NY 11933 Re: NYSDEC Conservation Easements Registry CE: Suffolk 542 SCTM #1000-120.-3-11.18 Dear Mr. Harbes: Please be advised that the Town's purchase of a development rights easement on property located at 750 Sound Avenue in Mattituck 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 Carmen L. Masters at NYSDEC (51 $-402-9442) and refer to the assigned identifier - CE: Suffolk 542. Very truly yo~fs, Melanie Doroski(~) Sr. Administrative Assistant enclosure 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 January 26, 2011 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Carmen Masters Re: Conservation Easements Registry KKP~ LLC to TOWN OF SOUTHOLD Dear Ms. Masters: Enclosed please find a certified copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: L1BER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: KKP, LLC Town of Southold 1/14/2011 D00012648 617 750 Sound Avenue, Mattituck 8.1638 acres p/o 1000-120.00-03.00-011.009 n/k/a 1000-120.00-03.00-011.018 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Peter Harbes, Managing Member w/enc. KKP, LLC P R O P E R T Y R E C O R D S KKP, LLC to TOWN OF SOUTHOLD Development Rights Easement 10.000 acres Part of SCTbl #1000-120.-3-11. 9 Location: 750 Sound Avenue, Mattituck, New York Closing held on Thursday, December 9, 2010 Southold Town Hall Annex Peter Harbes, Managing Member KKP, LLC MELISSA A. SP1RO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny.us Telephone (63 l) 765-571 I 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: 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 From: Melissa Spiro, Land Preservation Coordinator Date: December 10, 2010 Re: KKP~ LLC to TOWN OF SOUTHOLD plo SCTM #f 000-120-3-11.19 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: 750 Sound Avenue, Mattituck SCTM #: part of 1000-120.-3-11.19 PROPERTY OWNER: KKP, LLC (Peter Harbes) CONTACT DATE: November 8, 2010 PURCHASE DATE: Thursday, December 9, 2010 PURCHASE PRICE: $ 502,796.70 (based on 7.9809 buildable acres @ $63,000/buildable acre) TOTAL PARCEL ACREAGE: 10.000 acres EASEMENT ACREAGE: 8.1638 acres (includes 0.1829 acre access area - not included in purchase price) RESERVED AREA: 1.84 acre ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: At time of purchase, a 7,966 sq ft area of Easement is being used for parking, and access to parking and to1 residential dwelling on adjacent property. This 7,966 sq ft area is shown as Access Area on the survey and is fudher described in the Easement. Although Easement includes this area, purchase did not include payment for the 7,966 sq ft area. ~ COUNTY OF SUFFOLK ~ ~ X "~ /"' ~""~ SOUfHOLD S[CT~O~ NO (21) ~ ~ ......... ~o. ~Red Property Tax Service A~ncy ~ ~ F:ile View Toolbar Help A E R I A L S ! ! ! ! ! ! ! ! 1994 Aerial Photograph I I I I I I I I® I I 1980 Aerial Photograph I I I I I I ! I® 1976 Aerial Photograph I I I I I I I I I® 1969 Aerial Photo~oraph I I I I I I I I® I I I I I I 1957 Aerial Photograph I I I I I I i® I$ I I 1938 Aerial Photograph S U R V E Y N 85'38'2G ~ soUND E AVENUE 178.42' N 88'13'50" RESERVE AREA 80,000 sq. ff. E 137.97' °A 25.61' 119.94' N 89"54'00" W 489,07' SURVEY OF PROPERTY SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-120-03-11.9 SCALE 1"=50' NOVEMBER 2, 2010 FINAL SURVEY AREA 455,615 sq. ff. 1 0.000 ac. CERTIFIED TO: TOWN OF SOUTHOLD KKP, LLC STEWART TITLE INSURANCE COMPANY DEC - 2 2010 DEVELOPMENT RIGHTS 355,613 sq. EASEMENT AREA ff. N.Y,S Lm hie, 50467 Nathan Taft Corwin Land Surveyor Successor To: Stanley J, Isuksen, Jr, L,S. Joseph A, Ingegno L,S, PHONE (651)727-2090 Fax I631)727-1727 A E R I A L M A P KKP, LLC Town Development Rights Purchase Map Prepared by Town of Southo]d GIS November 1, 2010