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Home My WebLink About6900 Wickham Ave LLC1000-107-10-10.4 (f/k/a 1000-107-10-p/o 10.1) Baseline Documentation Premises: 6900 Wickham Avenue Mattituck, New York 8.2639 acres Development Rights Easement 6900 WICKHAM AVENUE, LLC to TOWN OF SOUTHOLD Easement dated March 30, 2011 Recorded April 22, 2011 Suffolk County Clerk - Liber D00012657, Page 876 SCTM #: Premises: 1000-10%10-10.4 (f/k/a 1000-107-10-p/o 10.1) 6900 Wickham Avenue Hamlet: Mattituck Purchase Price: Funding: $520,625.70 (8.2639 buildable acres $63,000/acre) Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 10.1004 acres Development Rights: 8.2639 easement acres Reserved Area: 1.84 acres (80,000 sq. ft.) Zoned: A-C Existing Improvements: In March 2011 - Within Easement Area: dirt & gravel farm road; 3 greenhouses; truck body used for agricultural storage; fallow fields; and hedges running along northerly, easterly and part of southerly boundary lines. Within Reserved Area: concrete building; 2 trailers; truck body; loading dock; mobile home; septic; metal building; propane tank; 1 story framed bldg; i & 2 story framed house with deck; utiliD' pole; t3vo greenhouses and 3 partial greenhouses; hedges; gravel & asphalt areas. DESCRIPTION LEGAL The subject is legally identified on the Suffolk County Tax Map as part of District 1000, Section 107, Block 10, Lot 10.1. LAND The subject is a regular shaped pamel of land that is part of a larger parcel having a northerly line of 637__.' with frontage along the southerly side of Wickham Avenue, an easterly line of 580_+', a southerly line of 697_+', and a westerly line of 690_+'. The subject is an 8.00_+ acre portion of the described parcel. Utilities (electric and telephone) are available along the property's road frontage. Public water is not available in the subject area. Water supply is generally achieved via on site wells in this area, however, no test hole data was supplied to the appraisers proving the existence of potable water. Wickham Avenue is a two way, two lane publicly maintained macadam road. The property has a generally level topography and is at or near grade with the abutting road. The property is mostly cleared. There is a small drainage swale situated at the southwesterly corner of the property. This is not, in our opinion, a typical of a property similar to the subject and does not have a significant impact on development potential. Land use surrounding the subject is, for the most part, improved residential, and farmland. .GIVEN DESCRIPTION (CONTINUED) IMPROVEMENTS The subject property is improved with greenhouses, and storage facilities. PRESENT USE AND OCCUPANCY The subject is currently used as a greenhouse/nursery business. GIVEN A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, June 27, 2006 Members Present: Members Absent: Aisc present: Ray Huntington John Sepenoski Eric Keil (7:18 p.m) Lillian Ball Chris Baiz Ray Blum. Chairman Michelle Zaloom Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Randy Parsons, The Nature Conservancy Tim Caufield Peconic Land Trust Commencement: · The meeting began at 7:10 pm. with four LPC members present. EXCERPT FROM ADOPTED 6/27/2006 LPC MEETING MINUTES Applications: · GIRARDS PROPERTY [executive session] SCTM #: Location: Total Acreage: PDR Acreage: Zoned: Subdividable: F/MWet: CPF: 1000-107-10-10.1 6900 Wickham Avenue, Mattituck +1010 acres (GIS 10.18 acres) +95 acres A-C Yes 0 acres Yes Reviewed landowners' letter re: expectations of LPC offer [executive session] Melissa reviewed with LPC correspondence received from landowners. This project in on the latest State Ag & Markets grant proposal. MOTION made by Chris Baiz, seconded by Eric Keil, to direct Melissa Spiro to commission an appraisal for a development rights easement on +9.5 acres of the property. LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, September 29, 2009 at 700 p m Members Present: Members Absent: Also present: John Sepenoski, Chairman Ray Huntington Lillian Ball Chris Baiz, Maureen Cullinane Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust Monica Harbes Eric Keil (7:35 p m ) Commencement: · The meeting began at 7:14 p m with four LPC members present EXCERPT FROM ADOPTED 9/29/2009 LPC MEETING MINUTES Applications and Inquiries: · GIRARDS PROPERTY SCTM #: 1000-107-10-10.1 PDR offered: Location: 6900 Wickham Ave, Mattituck Zoned: Total Acreage: _+105 acres (GIS 1018 acres) CPF: Subdividable: No F/MWet: · +8 acres A-C Yes 0 acres Re-activate PDR application. Staff report prepared by Melissa Spiro, dated 9/23/09, was reviewed by Committee Landowner made application to LPC in 2006, appraisal was prepared, and offer made by Committee was declined by landowner Landowner is now requestin9 to re-activate his application for the sale of an 8_+ acre development rights easement to the Town, reserving a 2 acre area in the northwest corner of the property. The Committee discussed the proposed Reserve Area, the existing lot coverage and whether or not project should be referred to County Farmland LPC accepted Reserve Area and decided that existing lot coverage was not concern for proposed PDR. Discussion with landowner appears that landowner is anxious to proceed at this time and Town is likely to proceed faster than County MOTION made by Monica Harbes, seconded by Lillian Ball, to direct Melissa Spiro to commission an appraisal of the Girards property, with a two acre Reserve Area set aside in the northwest corner of the property that will include the majority of the existing buildings on the site. The easement area wilt include existing greenhouses and the easement will not restrict agricultural structures or lot coverage Ag structures and lot coverage must all be in accordance with Town Code requirements Motion carried; 5/0 P R 0 P E R T Y V I S U A L S I I I I I I I ! I I 1 ! ,,. I SUBJECT PHOTOGRAPHS VIEW OF SUBJECT ADDITIONAL VIEW OF THE SUBJECT ~GIVEN ?3 I I I I I ! I ! ! 1 ! I ,,. SUBJECT PHOTOGRAPHS VIEW OF SUBJECT IMPROVEMENTS ADDITIONAL VIEW OF SUBJECT IMPROVEMENTS VEN I I I I I I I ! I 1 ! 1 ,,. STREET VIEW FACING EAST ALONG WICKHAM AVENUE STREET SCENE FACING WEST ALONG WICKHAM AVENUE 75 I ~_GIVEN LINE "/6 Zoning Map 1 '77 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 6900 Wickham Avenue Mattituck, New York NP&V Job# 10206 January 21, 2011 Revised February 15, 2011 CONFIDENTIAL AND PRIVII,EGED FEB 1 8 2011 DEPT. OF LAHD PRESERVATION Phase I Environmental Site Assessment 6900 Wickham Avenue Mattituck, New York 1.__~0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase 1 Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property consists of approximately eight (8) acres of a 10 acre parcel located in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property is located on the south side of Wickham Avenue, approximately 680 feet east of Mill Lane. The subject property can be further identified as Suffolk County Tax Map # 1000-107-10-p/o 10.1. The portion of the property which is the subject of this Phase I ESA is irregular in shape, consists of approximately eight (8) acres of land, and is occupied by greenhouses used as an active hydroponic farm operation as well as open active and fallow fields. The two (2) acres which are not part of this Phase I ESA are occupied by a single family residence, barns, office trailers (used as residences) and additional greenhouses. The portion of the property which is the subject of this Phase I ESA is occupied by several interconnected greenhouses. Other structures on the property consist of a truck trailer used for the storage of various equipment. All of the greenhouses consist of metal tubular frames which support plate glass walls and ceilings, and landscape textile sheeting floors. The truck trailer has a steel frame with aluminum walls and wood floor. The greenhouses are all heated through a centralized propane fired heating system located in the barn which is located on the portion of the property that is not part of this Phase I ESA. No suspected Asbestos Containing Materials (ACM) was observed within any of the buildings which could be accessed. Due to the nature of the greenhouses ACM is typically not expected to be found within these structures. According to Industrial Code 56, if major renovation or demolition of any of the buildings is contemplated, a complete asbestos survey for both friable and non-friable ACM is required. This report is not a substitute for a complete demolition asbestos survey. 6900 Wickham Avenue, Matlituck Phase I ESA One (1) 275 gallon tank was observed south of the greenhouse complex and was empty but was formerly utilized as a mixing tank. The tank appeared to be in good condition but, was cut open as a modification to permit the mixing of fertilizer. 1t should be noted that any tanks used for the storage of petroleum products or propane are located on the two (2) acres of the property that are not part of this Phase 1 ESA. Numerous 55-gallon drums as well as several smaller containers were observed throughout the greenhouses which are the subject of this Phase I ESA. All of the drams and containers were used for the storage of fertilizers and other agricultural chemicals. No evidence of significant staining or release was observed around any of the drams. The subject property uses water supplied by two (2) wells located on the two (2) acres of the property that are not part of this Phase 1 ESA. The area surrounding the subject property receives water supply from the Suffolk County Water Authority (SCWA). No floor drains were observed or reported to be in any of the buildings located on the subject property. However, within the greenhouses, trenches connected to a piping network divert excess irrigation water to a low area in the southwest comer of the property. Inspection of this area revealed the presence of standing water and Mr. Girard reported that it does pond up during wet periods. Solid waste generated on the property is deposited in a dumpster located in the northeastern portion of the property and removed by a privately contracted waste hauler. A pile of debris consisting of wood, old tires and two (2) storage tanks was observed in the southeastern portion of the property. Sanborn Map coverage was not available for the subject property. Aerial photographs from 1954, 1957, 1961, 1969, 1976, 1980, 1985, 1994, 2006 and 2007 were reviewed in order to determine if any prior uses occupied the subject property. Review of the aerials from 1954 and through 1985 depicts the subject property as farmland. The remaining aerials depicted the properly as it presently exists. Review of the aerials also revealed that the low area where water ponds first appeared in the 1994 aerial. Historical topographic maps from 1904, 1944, and 1956 were reviewed and depicted the property as cleared land. The Cole Criss-Cross Directory was reviewed and it was noted that the subject properly was used as a nursery since 1986. An extensive government records search found no potential sources of environmental degradation on the subject property. Review of several Federal, State and County regulatory databases revealed the presence of two (2) closed spill incidents within one-half (0.5) mile of the subject property. Page 2 of 26 6900 Wickham Avenue, Mattituck Phase 1 ESA In conclusion, this assessment has revealed evidence of several recognized environmental conditions in connection with the property, subject to the methodology and limitations of this report. The following REC's are noted: 1. The Iow area in the southwestern comer of the property should be sampled to determine if discharges from the greenhouse drainage system have impacted surface soils. Page 3 of 26 69(}0 Wickham A~enue, Mattituck Lox~ s;pot on propelS.,, used (i~r discharge 1o~ si>o[ oil p 'ope -t.x us;erl l'~r discharge spot on property tlsed tbr discharge t;asi side o1' prope*'t) 691)0 Wickham AYet~t~e. 5~lattittack side of'greenhouses (]reenl~otise inte~qor 6900 Wickham A'~ent~e, Ma'llii~uck Northeast corner of propert5 Greenhouse interior Northeast comer ol' propert5 690~) Wickham A;e~le~ Ma¢lii~lck Southel-n side o(proper/> side side of prope~'t5 %tltl~er~ side of propert) 1 1 690(} Wickham AYem~e, Mattituck 5¢Otlth side of greenhouses Easl side ofproperl5 Greenhouse interior I$ I I I I I I I I I I II I I I TE FIGURE 1 LOCATION MAP Scale: I' 500' 6900 Wickham Avenue, Mattituck Phase [ ESA FTGURE 2 AERI'AL PHOTOGRAPH Sotlrce: N¥$GIS Orthoimager5 Program, 2007 Scale: i' 200 6900 Wickham Avenue blattituck Phase liSA 10 I I I I II I I I I I I I FIGURE 3 LAND USE MAP Sottrce: NYSGIS ()rtholmagery P~ogmm, 2007 Scale: 6900 Wickham Avenue Mattituck Phase I ESA I ! ! ! I® I I FIGURE 4 ZONING MAP Source: ]owi~ (¥Souflmld Zoning Map ["= NORT]~ + 6900 Wickham Avenue ~4att{tuck Phase I ESA ! ! ! I I I I I I I I I FIGURE 5 SOIL MAP St)a~'ce: Stii'R)lk (:otmly Soil Sc~le: I" == NORTH + 6900 Wickham Avenue Mattituck Phase ;[ ESA FXGURE 6 69oo TOPOGRAPHIC MAP Wickham Averm~ Mattituck Phase I ESA m I I I I I I I I I$ I I I I I I I i® FTGURE 7 6900 Wickham Avenue WATER TABLE IVlattituck CONTOUR MAP So~lrcc': USGS YValer Reso[~rce l~x,esligatiol~ Repolt, 2009 Scale: ]" = 5,000' ~ Phase I ESA DEEP HOLE CREEK FIGURE WATER MAIN MAP Source: SCWA, 2009 Scale: I 6900 Wickham Avenue,! Mattituck Phase! ESA J 0 FIGURE 9 NYSDEC FRESHWATER WETLANDS MAP H 0 O S~om'ce: NYSDEC Freshwater Wetlands Map, M ~ttituck Hills Quadrangle ] ~cate: i = 8 \ \ 6900 Wickham Avenue, l~lattituck I ~ __ ~. , ,' , [ N~TTfiNI/ ~Tl~B~ 16900 Wickham Avenue I ! ! ! ! ! ! ! !! :' FIGURE 11 FEMA FLOOD MAP Sot~rce: FEMA. MaC #36103C0144H NORTItl Scale: I' :300' ~ T 6900 Wickham Avenue Mattituck Phase ! ESA Distance in Miles Toxics Targeting 1 Mile Radius Map 6900 Wickham Ave Mattituck, NY 11952 '~List (NPL) Suffolk County Inact Haz Waste Disp E]RCRA Corrective Action Facilib/ Waterbody / / Ave , ! Toxics Targeting 1/2 Mile Radius Map 6900 Wickham Ave Mattituck, NY 11952 N E~3 CERCLIS Superfund NomN FRAP Site Waste Disposal Site Hazardous Matedal Spill Location I I County Border Radius Radius Suffolk County OOelisted NPL Site E~ CERCLIS Superfund NFRAP Site I Waterbody Toxics Targeting 1/4 Mile Radius Map 6900 Wickham Ave Mattituck, NY 11952 $ Major Oil ~ Storage Facility Chemical Storage Facility Toxic Release Discharge Site Location Border 1/4 Mile Suffolk County Enforcement Petroleum Bulk · Storage Facility Hazardous Waste ~ Generator, Transp Waterbody Radius Distance in Miles 6900 Wickh~ Toxics Targeting 1/4 Mile Closeup Map 6900 Wickham Ave Mattituck, NY 11952 _~ National Priority List (NPL) ' CERCLIS Super~nd E~B NOn-NFRAPSite *' Inacl~ve Hazardous Waste Suffolk County ODelisted NPL Site '* CERCLIS Superfund E~ N**FRAP Site Inact Haz Waste Dfsp ~'~ Registry Qualifying RCRA Correotive []Storer,Hazard°us Waste Treater,Disposer ** ~'~ Actiof~ Facility Chemical Storage Solid Waste Brownfields · Storage FaciLity L?3 Remediation Location -- -- County Border Radius ~ Waterbody *' 1/2 MiLe Search Radius P U B L I C H E A R I N G RESOLUTION 2010-612 ADOPTED DOC ID: 6080 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-612 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 10, 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 Tuesday~ August 24~ 2010~ at 4:45 p.m.~ Southold Town }lall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purehsae of fl development rights easement on property owned.by 6900 Wickham Avenue~ LLC {Girards). Said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wiekham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part Of the property consisting of approximately 8.26a: acres (subject to survey) of the 10.1' acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26~ 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 value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is On file in Land Preservation Department, S outhold 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: Vincent Orlando, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ August 24~ 2010~ at 4:45 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 proper ,ty owned by 6900 Wickham Avenue~ LLC (Girards). Said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.la: acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner. The purchase price is $63,000 (sixty- three thousand dollars) per buildable acre for the 8.26± 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 value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: August i0, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON August 19, 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 August 24, 2010 4:40 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 5:01 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 Tuesday, August 24~ 2010~ at 4:45 p.m. Southold Town Halk 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 6900 Wickham Avenue~ LLC (Girards). Said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1 ± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner. The purchase price is $63,000 (sixty- three thousand dollars) per buildable acre for the 8.26± 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 value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. We have notice that it was posted on the Town Clerk's bulletin board, notice that it was Girards Development Rights purchase 2 August 24, 2010 printed in the Suffolk Times o~ the 19t~ of August, 2010. We have the short environmental assessment form. unlisted actions and a letter from the LWRP coordinator. 'Purchase of development rights easement on property owned by 6900 Wickham Avenue LLC, the proposed acquisition is for development rights easement on part of the property consisting of approximately 8.26 acres of the 10.1 acre piece. The action has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization program 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.' Also there is a letter that was submitted from the Long Island Pine Barrens society, 'Dear Supervisor Russell, We have been complaining since 2007 that the Suffolk County purchase of development rights program does not restrict development on the land. The provocation was the removal of top soil and the construction of wall to wall concrete and glass greenhouses described as industrial agriculture. We are concerned that the Town of Southold's purchase of development rights program is inching into similar territory. Case in point is the topic of public hearing, the Girard property on Wickham Avenue granting a purchase of development rights easement on 8.26 acres through the town's CPF program when some of the acreage is covered with greenhouses is not what the legislation nor the public contemplated when advancing such a program. While few farmers are engaged in this industrial activity, the industry has resisted setting clearance limits on farms for which the development rights have been purchased. The Long Island Farm Bureau has argued that this is a right to farm state, we have countered that it is not a right to develop on land from which the public has purchased development rights state. While the program is intended to encourage agriculture even as it protects scenic vistas and controls development, it was never an agricultural subsidy act and the public is unlikely to continue to support these programs if they result in farmers being paid not to develop their land and then developing it. Moreover, it is a violation of the state finance law to make a gift of the public wealth without public benefits. Thus government cannot pay farmers money for nothing they couldn't otherwise do. we believe that the county has already given the store away by purchasing farmland development rights from private individuals without restricting the use of the land. Please don't let Southold follow the same path. Newsday keeps writing that the PDR program is supposed to support agriculture not just the views but it is inescapable that controlling development is what the public was promised and it is not being restricted adequately. According to Southold's community preservation fund project plan, the town has over 12,000 prime acres that are eligible for acquisition. Please use your good office to exercise prudence when prioritizing parcels for purchase of development rights easements. Southold's land preservation department expressed uncertainty with the respect to tot coverage of greenhouses on the 8.26 acre Girard parcel and until that information is available to both the Town Board and the public, this purchase should be de-prioritized from the CPF plan for the above reason.' And that is signed by Richard Amper from the Long Island Pine Barrens Society. And that is it. Girards Development Rights purchase 3 August 24, 2010 SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular notice of acquisition? COUNCILMAN RULAND: Yes, but 1 would like to go to the map, Mr. Supervisor, if you don't mind. I think that the location, if people could see the writing on it, but the location of that parcel, that parcel is not large but it is just about surrounded on three sides by land that has already been protected and on one side by property that hopefully in the future will enter into discussion. But currently it would be imprudent for I believe the To~vn Board to let this go to development when it is between two highways. Yes it does contain a greenhouse operation but surprisingly and not Mr. Ampers point, they produce food and they do that year round. They are tomato growers and I suspect that as this country goes on, more and more food wilt be grown that way and less and less on acreage. And for that reason, I think that it is (inaudible) that we support it. SUPERVISOR RUSSELL: Thank you. Also just for clarification, town code requires no more than 20% lot coverage. The lot coverage on this parcel, the 8.26 acres is still below the 20 % threshold. It would be about 16,000 square feet of coverage that is allowed on that parcel. The greenhouses might look enormous but on the totality, they still don't cover 20 % of that parcel. And Mr. Ruland referenced the food, you know, we hear a lot of words like sustainability being thrown around these days, sustainability in agriculture etc., well, those words need to mean something. And he is a food producer, he probably, I would venture he produces more tomatoes from that small farm than probably all the other tomatoes grown on the north fork these days. So you know, when we talk about words like sustainability, we need to mean it. 1 am sorry. Would anyone else like to comment on this particular purchase? BOB FEGER: Bob Feger, Greenport. Also North Fork Enviromnental Council. ! would ask that if you approve this purchase, will you also be allowed to put more greenhouses on the property or is it limited what it has now? SUPERVISOR RUSSELL: Under the current code, he is allowed 20 % lot coverage and he can't exceed that. MR. FEGER: And he can't exceed that? SUPERVISOR RUSSELL: He can't exceed that, under current code. Would anybody else like to comment? COUNCILMAN KRUPSKI: As the Town Board liaison to the Land Preservation Committee, I also encourage passage of this because I think it's, as Mr. Ruland said, and he is more familiar with the neighborhood there than I am, it is a key parcel in a pretty large block of land ~vhere the development rights have been protected, there are other parcels there were there is activity and it is encouraging to see a large block of land protected that makes it easier to farm. Today, what people don't realize is today there are greenhouses there but in 50 years you don't knoxv what is going to be there and if the Girards Development Rights purchase August 24, 2010 4 land is protected it will stay in agriculture and if it is not, it will eventually be in houses. And that is the main point there, especially where you have. and normally the town wouldn't be interested in a small parcel like this but because of its location it is a very important one and what Mr. Ruland said about food production is very important. You know, people are going to get tired eventually of buying foods from China and Brazil and whatnot and we are going to have to really look within our own resources in this country to keep producing our own food. It is very important. SUPERVISOR RUSSELL: Anybody else? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Curious why you were looking at a little dark picture. The Trustees meetings, they have a projector that they can make the exhibits visible for us. Does the Town Board have any intentions of implementing the technology we already paid for? You know? SUPERVISOR RUSSELL: Personally I don't. MR. SCHWARTZ: The Supervisor says no. He doesn't and he .... SUPERVISOR RUSSELL: One of six, you can ask the other five. MR. SCHWARTZ: Alright, well, he has given me .... COUNCILMAN ORLANDO: It is something we can ask Melissa. Maybe she can do that in the future. MR. SCHWARTZ: Talk to Melissa, fine. ! support the efforts and the preservation of this and all other properties in Southold Town for agriculture and rural uses. Unfortunately, I have to object to the procedure by which this property is being purchased. It is a standard operating procedure of Southold Town to discuss all such purchases in executive session and the agenda of today's meeting indicates that this matter is going to be set for public hearing, not that there will be a public hearing. So the information on this would have been available to someone who has the time and the energy and the desire to go and live in the Town Hall annex and file freedom of information requests or to go and dig the information out but i don't even know if they could get it if it was done in executive session. If that information is for some reason being held confidential. Anyway, I support the purchase of this and I would like to talk more about the open government policies and procedures in Southold Town at the end of this meeting. SUPERVISOR RUSSELL: Thank you. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: Would anyone else like to comment on this acquisition? (No response) Girards Development Rights purchase 5 August 24, 2010 This hearing was closed at 5:14 PM Elizabeth A. Neville Southold Town Clerk S E P U R C H A S E R E S 0 L U T I 0 N RESOLUTION 2010-933 ADOPTED DOC ID: 6433 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-933 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 30, 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 6900 Wickham Avenue, LLC (Girards) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, at the request of the Seller, the Town Board's resolution to purchase the development rights easement was tabled at the Town Board meetings of August 24, 2010, September 7, 2010, September 21, 2010 and October 5, 2010, and withdrawn at the October 19, 2010 meeting; and WHEREAS, on November 17, 2010, the Seller requested that the Town proceed with the same purchase as set forth in the August 24, 2010 public hearing; and WHEREAS, said property is identified as part of SCTM #1000-107.-t0-10.t. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1± 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 8.264- 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 value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Revie~v) of the Town Code and Locai Waterfront Revitalization Program ("LWRP') and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and Resolution 2010-933 Board Meeting of November 30, 2010 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 Town Board of the Town of Southold classifies this action as an Unlisted 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 6900 Wickham Avenue, LLC (Girards), identified as part of SCTM #1000-107.-10-10.1. 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 [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/23/2010 3:27 PM by Linda Cooper 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~3plicant or Project Sponsor) 1 APPLiCANT/SPONSOR?~( |2. PROJECT 3. PROJECT LOCATION: Munidpali~ ~L~ ~ County ~ 5. PROPOSED ACTION ~ New ~ Expansion ~ Modifi~tion/alteration 6. DESCRIBE PROJECT BRIEFLy:~ ~ ~ Initially ~*~ ~ acres Ultimately acres 8. ~LL~::SED ACT~N ~MPLY ,f~ IN:~ d~:lc~i;rb~i:fl;NlNG OR OTHER EXISTING ~ND USE RESTR,CTIONS? Des~esidenaal E~Industdal WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~-] Commercial ~gdculture [] Park/Forest/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 ~o If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~No ICERTIFYTHATTHEINFORMATIONPROVIDEDABOVEISTRUETOTHEBESTOFMY NOWLEDG~,~//~/ ~z~ ~,,~&, ~t~'~'~ J~ /t~D£~' ~ Applicant/sponsor name: )~ ~ I ~. U' ~ ~ ~. ~ Date: Signature: ~"~. ~ ' J If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER PART II ~ IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 61747 If yes, coordinate the review process and use the FULL EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 if No, a negative declaration may be superseded by another involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legibte} 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 flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdetly: C§. Growth, subsequent developmenL or re~ated acti¥ities likely to be induced by the proposeO action? Explain bdefiy: O6. Long term, shod term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~l~l No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~[~ Yes ~ No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determineWhetheritissubstantia~~~arge~imp~rtant~r~therwisesigni~cant~ 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 (0 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 addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration, [~ Check this box if you have determined, based on the information and analysis above and any suppoding documentafion, that the proposc~ action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determination Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency AUG 24 Date ----' 5 Title of Responsible Officer Sight F~'~~rom responsible ofqcer) OFFICE LOCATION: Town Hall 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 To: From: MEMORANDUM Town of Southold Town Board Mark Terry, Principal Planner LWRP Coordinator PRESERVATIOI~ Date: August 23, 2010 Re: Purchase of a development rights easement on property owned by 6900 Wickham Avenue, LLC (Girards). Location: 6900 Wickham Avenue - on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York SCTM# SCTM #1000-107.-10-10.1. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.26+_ acres (subject to survey) of the 10.1+_ acre parcel in the A-C zoning district. 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 RESOLUTION 2010-687 WITHDRAWN DOC ID: 6121 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-687 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2010: TO BE WITHDRAWN 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 6900 Wickham Avenue, LLC (Girards) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM //1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1± 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 8.26± 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 value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended 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 Resolution 2010-687 Board Meeting of October 19, 2010 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 Town Board of the Town of Southold classifies this action as an Unlisted 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 Toxvn 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 6900 Wickham Avenue, LLC (Girards), identified as part of SCTM //1000-107.-10-10.1. 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: WITHDRAWN Updated: 10/19/2010 2:09 PM by Lynda Rudder Page 2 C L O S I N G S T A T E M E N T CLOSING STATEMENT 6900 WICKHAM AVENUE, LLC to TOWN OF SOUTHOLD Total Development Rights Easement - 8.2639 acres Total Parcel Acreage- 10.1004 acres Reserved Area - 1.84 acres (80,000 sq. ft.) Premises: 6900 Wickham Avenue, Mattituck Part of SCTM #1000-107.-10-10.1 Closing took place on Wednesday, March 30, 2011 at 3:00 p.m., Southold Town Hall Annex Purchase Price of $ 520,625.70 (based upon 8.2639 buildable acres $63,000/buildable acre) disbursed as follows: Payable to Bridgehampton National Bank Check #109534 (313012011) $ 321,734.28 Payable to 6900 Wickham Avenue, LLC Check #109535 (3/30/2011) $ 198,891.42 Expenses of Closing: Appraisals Payable to Given Associates, LLC Check #87628 (9/5/2006) Payable to Given Associates, LLC Check #102977 (11/4/2009) Survey Payable to Peconic Surveyor, P.C. Check #108779 (2/1/2011) $ 2,500.00 $ 2,600.00 $ 2,500.00 Environmental Report (Phase I ESA) & revisions Payable to Nelson, Pope & Voorhis, LLC $ Check #108767 (2/1/2011) Payable to Nelson, Pope & Voorhis, LLC $ Check #109468 (3/29/2011 ) 1,200.00 500.00 Title Report Payable to Peconic Abstract, Inc. Check #109533 (312912011) Title insurance policy Recording easement $ 2213 $ 320 $ 2,533.00 Title Closer Attendance Fee Payable to Victoria Charczuk Check #109532 (3/29/2011) $ 100.00 Those present at Closing: Scoff A. Russell Lisa Clare Kombrink, Esq. Richard Girards Marie McAlary Victoria Charczuk Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Bridgehampton National Bank, Vice President Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst Not present at Closing: Michael J. Hrab, Esq. Attorney for Seller TOWN OF SOU. flOLD VENDOR~ 002640 BRIDGEHgJqPTON NATIONAL BANK 03/29/2011 CHECK 109534 & ACCOUNT P.0.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 10 933 033011 GIRARDS-6900 WICKH~24 AVE 321,734.28 TOTAL 321,734.28 TOWN OF SOUTHOLD VENDOR 025176 6900 WICKHAM AVENUE, LLC 03/29/2011 CHECK 109535 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 10-933 033011 GIRARDS 8.26 ACR DEV RTS 198,891.42 TOTAL 198,891.42 TOW~tN OF S_ OUTHOLD ADD'L AUDIT 3/29/11 CHECK NO. 109535 I DATE I AMOUN~ 03/29/2011 $198,891.42 ONE HUNDRED NINETY EIGHT THOUSAND EIGHT HUNDRED NINETY ONE AND 42/100 DOLL~LRS P~d Y IT~TH~ ~s'[ORDER 6900 WICK}{AM AVENUE, LLC C/O RICHARD & CAROL GIP~ARDS 6900 WIC~ AYENUE MATTITUCK NY 11952 .GIVEN ~$$0~1AT[$ GIVEN ASSOCIATES, LLC P.O. Box 5305 · 548 Route 111 · Hauppauge, NY. 11788-0306 (631) 360-3474 FAX 360-3622 Melissa Spiro, Land Preservation Coordinator Town of Southold, Department of Land Preservation 54375 Main Road P.O. Box 1179 Southold, NY 11971 Appraisal of Real Property of Carol Jean Gimrds Located 6900 Wickham Avenue, Mattituck, NY S.C.T.M. #1000-107-10-10.1 p/o File #2006182 August 16, 2006 $2,500.00 REAL ESTATE APPRAISERS AND CONSULTANTS GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account ......................... Use 2/28/2006 2/28/2006 H3 .600 3/28/2006 3/28/2006 H3 .600 5/09/2006 5/09/2006 H3 .600 7/11/2006 7/11/2006 A .600 7/25/2006 7/25/2006 H3 .600 8/08/2006 8/08/2006 H3 .600 9/05/2006 9/05/2006 H3 .600 10/17/2006 10/17/2006 H3 .600 11/08/2006 11/08/2006 H3 .600 11/08/2006 11/08/2006 H3 .600 12/05/2006 12/05/2006 H3 .600 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 1/30/2007 1/30/2007 H3 .600 Acti ......................... Use Acti F2=Shift Up F3-Exit F10-Prev View lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-09052006-828 Line: 134 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 9/05/2006 SDT 9/05/06 : Trx Amount... 2,500.00 : Description.. GIRARDS APPRAISAL : Vendor Code.. 007416 Pay Method: : Vendor Name.. GIVEN ASSOCIATES LLC : Alt Vnd.. : CHECK ........ 87628 SCNB : Invoice Code. 2006182 : VOUCHER ...... : P.O. Code .... 15932 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 9/05/2006 : Date Cleared. 6/30/2008 : F3=Exit F12=Cancel : : TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NE~VYORK 1197~ 0959 DATE 09/05/2006 HUNDRED AND 00/100 DOLLARS CO000h 0"' VENDOR 007416 GIVEN ASSOCIATES I,T,C H3 .8660.2.500.200 15932 2006]82 09/05/2006 C~¢K DESCRI2TIOl; GIRARDS APPRAISAL TOTAL 2,500.00 2,500.00 TOWN OF SOUTHOLD - SOUTHOLD, NY 11971-0959 _GIVEN ASSOCIATES 548 Route 111, Suite 200 Hauppauge, NY 11788 631-360-3474 Fax 631-360.3622 Bill To 1 Town of Southold P.O. Box 1179 Southold NY 11971-0959 Invoice Date [ invoice # 10/23/2009 I 782 IPlease make check payable to: GIVEN ASSOCIATES, LLC Description Appraisal of Real Property of 6900 Wickham Avenue, LLC Located 6900 Wickham Avenue Mattimck, NY S.C.T.M. #1000-107-10-10.1 p/o File No. Terms 2009215 Due upon Receipt Amount GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 1/02/2008 1/02/2008 3/25/2008 3/25/2008 4/08/2008 6/03/2008 9/23/2008 11/18/2008 1/20/2009 1/20/2009 6/30/2009 11/04/2009 12/15/2009 4/20/2010 1/02/2008 E2 .600 1/02/2008 H2 .600 3/25/2008 H3 .600 3/25/2008 H3 600 4/08/2008 H3 600 6/03/2008 H2 600 9/23/2008 H3 600 11/18/2008 H3 600 1/20/2009 H3 600 1/20/2009 H3 600 6/30/2009 H3 600 11/04/2009 H3 600 12/15/2009 H3 600 4/20/2010 H3 600 6/01/2010 6/01/2010 H3 600 ........................ Use Acti =Shift Up F3=Exit F10=Prev View lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-11042009-439 Line: 108 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/04/2009 SDT 11/02/09 : : Trx Amount... 2,600.00 : : Description.. APPRAISAL-WICKHAMAVE : : Vendor Code.. 007416 Pay Method: : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 102977 SCNB : : Invoice Code. 782 : : VOUCHER ...... : : P.O. Code .... 20134 : : Project Code. : · Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 11/04/2009 : : Date Cleared. 11/30/2009 : : F3=Exit F12=Cancel : TOWN OF SOUTIIOLD VENDOR 0074 16 GIVEN ASSOCIATES LLC 11/04/2009 CHECK 102977 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT E3 .8660.2.500.200 20134 782 APPRAISAI,-WICKHAM AVE 2,600.00 TOTAL 2,600.00 PECONIC SURVEYORS, P.C. 1230 TRAVELER STREET P.O. BOX 909 SOUTHOLD, NY 11971 Invoice 1/19/2011 I Bill To Towa of So~athold Land Pll~,e~vation D~part~cnl P.O. Box 1179 Southold, NY 11971 Quan~ 22181 N~30 Description SURVEY/6900 WICKHAM AVE LLC to TOWN OF SOUTItOLD Rate 2,500.00 p~e~t Amount 2,500.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y-Select JE Date Trx. Date Fund Account ......................... Use 2/13/2007 2/13/2007 H3 600 2/13/2007 4/24/200? 4/24/200? 4/24/2007 510012007 5/08/2007 8114/2007 10/09/2007 5/06/2008 6/17/2008 11/18/2008 12/15/2009 2/01/2011 Acti 2/13/2007 4/24/2007 4/24/2007 4/24/2007 5/00/2007 5/08/2007 8/14/2007 10/09/2007 5/06/2008 6/17/2008 ii/i0/2oo8 i2/i5/2oo9 2/01/2011 H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 H2 600 600 H .1620.2.4 H3 .600 H3 .600 H3 .600 H3 .600 2/15/2011 2/15/2011 H3 .600 ......................... Use Acti F2=Shift Up F3-Exit F10-Prev View ,lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-02012011-908 Line: 197 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 2/01/2011 SDT 2/02/11 : Trx Amount... 2,500.00 : Description.. SD-RVEY-GIRARDS PROPERTY : Vendor Code.. 016144 Pay Method: : Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. : CHECK ........ 108779 SCNB : Invoice Code. i : VOUCHER ...... : P.O. Code .... 22181 : Project Code. : Final Palrment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 2/01/2011 : Date Cleared. 2/28/2011 : F3=Exit F12=Cancel : TOWN OF SOUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C~ 02/01/2011 CHECK 108779 FLS~D & ACCOUNT P.0.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600~100 22181 1 SURVEY-GIRARDS PROPERTY 2,500.00 TOTAL 2,500.00 Melissa Spiro Tow~ of Southoid De~t o~ Land Preserv Town Hall 53095 State Rt25, PO Box 1179 SouthoId, NY 11971 Project VI 0X187.001.000 N~leon Pope & Voorhle, LLC 572 Walt Whitman Road Melville, NY 11747 (93~) 4ZT-S~S January 18, 2011 Project No: V10X187.001.000 Invoice No: 7980 Project Manag~ Ste~n McGInn 6900 Wickham Avenue, Mattituck Phase SA Site Audit Task 1300 Phase lESA Ceabact dated December 7, 2010: Item 1: Prepare Phase I Environmental Site Asseasment Fee To{al this Task Tetat this Phase Total this Invoice GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date Trx. Date Fund Account ......................... Use 10/19/2010 10/19/2010 A 600 .. 11/30/2010 ,, 12/14/2010 .. 12/14/2010 y. 2/01/2011 2/15/2011 2/15/2011 2/15/2011 2/15/2011 3/01/2011 3/01/2011 11/30/2010 H3 600 12/14/2010 B 600 12/14/2010 B 600 2/01/2011 H3 600 2/15/2011 B 600 2/15/2011 B 600 2/15/2011 B 600 2/15/2011 B 600 3/01/2011 B 600 3/01/2011 B 600 Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-02012011-908 Line: 168 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 2/01/2011 SDT 2/02/11 : : Trx Amount... 1,200.00 : : Description.. PHASE 1 ESA-6900 WICKHAM : : Vendor Code.. 014161 Pa~ Method: : Vendor Name.. NELSON, POPE & VOORHIS, : Alt Vnd.. : CHECK ........ 108767 SCNB : Invoice Code. 7980 : VOUCHER ...... : P.O. Code .... 22182 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 2/01/2011 : Date Cleared. 2/28/2011 : F3=Exit F12=Cancel TOWN OF SOUTHOLD VENDOR 014161 NELSON, POPE & VOORHIS, LLC 02/01/2011 CHECK 108767 FUND & ACCOUNT P.O.# IN%;OICE DESCRIPTION AMOUNT H3 .8660.2.600.100 22182 7980 PHASE 1 ESA-6900 WICK~ 1,200.00 TOTAL 1,200.00 Melissa Spiro Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Project V10X167.001.000 Nelson Pope & Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 (631) 427-5665 March 07, 2011 Project No: Invoice No: Project Manager 6900 Wickham Avenue, Mattituck V10X187.001.000 8109 Stevec McOinn professional Service8 Phase SA Site Audit Task 1300 PhaselESA Revise Phase I Environmental Site Assessment. Work Pedormed thru 2/15/11 Fee 500.00 Total this Task $500.00 Totalthis Phase $500.00 Totalthislnvoice $500.00 - 8 2011 MAR DEPT. OF LAND PRESERVATION GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date Trx. Date Fund Account ........... m ............. Use Acti 10/19/2010 10/19/2010 A .600 .Y. 1113012010 11/30/2010 1211412010 1211412010 12/14/2010 12/14/2010 2/01/2011 2/01/2011 2/15/2011 2/15/2011 2/15/2011 2/15/2011 3/01/2011 3/01/2011 3/29/2011 2/15/2011 2/1512011 2/15/2011 2/15/2011 3/01/2011 3/01/2011 3/29/2011 H3 .600 B 600 B 600 H3 600 B 600 B 600 B 600 B 600 B 600 B 600 H3 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GLl00N .............. : W-03292011-473 Line: 192 Formula: 0 : : Account.. H3 ,600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/29/2011 SDT 3/29/11 : : Trx Amount... 500.00 : : Description.. REV ESA1-6900 WICKF~H AV : Vendor Code.. 014161 Pay Method: : Vendor Nzune.. NELSON, POPE & VOOR/~IS, : Alt Vnd.. : CHECK ........ 109468 SCNE : Invoice Code. 8109 : VOUCHER ...... : P.O. Code .... 22667 : Project Code. : Final Palrment F Liquid. : T!rpe of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 3/29/2011 : Date Cleared. : F3=Exit F12=Cancel : : 03/21/2011 03:34 FAX TO WN OF SOUTHOLD VENDOR 016139 PECONIC A~STRACT, INC. 03/29/2011 CHECK 109533 FUND & ACCOUNT P. O. ~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 10-933 641-S-03820 10-933 641-S-03820 TITLE POLICY-GIRARDS 2,213.00 RECORDING EASMNT-GIRARDS 320.00 TOTAL 2,533.00 TOWN OF SOUTHOLD 53095 MAIN ROAD PO BOX 1179 50UTHOLO, NY 11971-0959 THE SUFFOLK CO NATIONAL SANK CUTCHOGUE ~Y 11935 50-5461214 ~dDD'L ALTDIT 3/29/11 CHECK NO. 109533 DATE I AMOUNT I 03/29/2011 52,533.00 TWO THOUS.~D FIVE HUNDRED THIRTY THREE ]~%TD 00/100 DOLLARS PECONIC DiBSTRACT, INC. ~VE 405 OSTRANDER AVE. ORDER OF PO BOX 1267 RIX/-ERHEi~ NY 11901 "'~,OqS:{ql[' i:O~,[,OS[,~=l,': 62 000001, 0IiI TOWN OF SOUTHOLD VENDOR 007659 VICTORIA CHARCZUK 03/29/2011 CHECK 109532 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 10 933 641-S 03820 TITLE CLOSER GIRARDS 100.00 TOTAL 100.00 TOWN OF SOUIttOLD ADD' L AUDIT 3 / 29 / 11 CUTCHOGUE NY 1~935 I DATE t AMOUNT ORDER OF VICTORIA CHARCZUK 2005 PINE NECK ROAD SOUTHOLD NY 11971 "'I, 0q558,' ~:OB;,hOS[,r~h~: r~3 OOOOOh O"' 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: MISCELLANEOUS - DEED N,,mher of Pages: 23 Receipt Number : 11-0046464 TRANSFER TAX NUMBER: 10-19432 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 107.00 10.00 EXAMINED AND CHARGED AS FOLLOWS $520,625.70 Received the Following Fees For Above Instrument Exempt Page/Filing $115.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $0.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-19432 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County MAY 1 9 2011 DEPT. OF LAND PR£$EEVATION 04/22/2011 09:54:54 ~ D00012657 876 Lot: 010.004 Exempt $20.00 NO $15.00 NO $0.00 NO $0.00 NO $30.00 NO $0.00 NO $190.00 N~mber of pages This document will be public record. Please remove all Social Securily Numbers prior lo recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 I FEES Recording / Filing Stamps Page / Filing Fee [ [5 Handling SC> ~ TP-584 ~ Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. '~' Co~. Of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Sub Total Other Grand Total Real Property Tax Service Agency Verification S, '1100867'1 ~ooo ~o?oo xoo0 o~ooo4 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec. 1Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax ~(~e~ ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #__ of this instrument. Community Preservation Fund Consideration Amount CPF Tax Due $ Improved Vacant Land __ 8i Mail to: Judith A. Pascale, Suffolk County Clerk I ? [ Title Company Information ~ 310 Center Drive, Riverhead, NY 11901 Ice Namec~W~ --" ~2>37~/~3~C~ ' w~.suffolkcou n~ny. gov/cle rk ~tle · ~ Suffolk County Recording & Endorsement Page ~ispagefom~sp~of~eattached (T~, ~¢~O~}~e.~~ ~ madeby: (SPEC~Y TYPE OF ~S~UMENT)' ~ ~ ~ ~ e~ ~ (~ q ID% ~ l CA& N ~ ~[~ ~ T~ pr~ses herein is situated in TO SUFFOLK COUNTY, NEW YORK. In the TOWN of _ ~}G~ ~)~l (22) In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~/~day of ./4x/~ er/ ,2011 at Southold, New York. The parties are 6900 WICKHAM AVENUE, LLC, with an address of 6900 Wickham Avenue, Mattituck, NY 11952~ (herein called "Grantor'O, and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-107-10-10.1, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey dated December 14, 2010 and last revised March 28, 2011 prepared by Peconic Surveyors, P.C., (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 horticulture; and WHEREAS, it is the policy of the Town of Southold (the "Town'S, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any 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 TWENTY THOUSAND SIX HUNDRED TWENTY-FIVE THOUSAND AND 70/100 DOLLARS ($520,625.70) 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 exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule "A", free of any mortgages or liens, 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 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. 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 ~[nternal Revenue Code and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the 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'g. This Baseline Documentation includes, but need not be limited to, a survey dated December 14, 2010 and last revised March 11, 2011 prepared by Peconic Surveyors, P.C., the Phase T Environmental Site Assessment prepared .lanuary 21, 2011 and last revised February 15, 2011 by Nelson, Pope & Voorhis, tLC, both on file with the Town Land Preservation Department. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (:herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest 4 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 §301(2)(a)-(j) of the New York State Agriculture and Markets Law (''Agriculture and Markets Law'd, now or as said §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 bhat is permitted under the current law and/or Code. "Tmprovement' 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 roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for FIVE HUNDRED TWENTY THOUSAND SIX HUNDRED TWENTY-FIVE THOUSAND AND 70/100 DOLLARS ($520,625.70) 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 Section 1.02 and Section 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mininq The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 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 Properly is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided herein, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property from which the development rights are acquired into two or more parcels, in whole or in part. 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. 7 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. 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 §301(2)(a)-0) of the Agriculture and Markets Law, now, or as said in §301(2)(a)~0) 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, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current 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 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Property for the 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 ART:[CLE 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 q Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 LandscaDina Activitie.~ Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Aaricultural Production and Activiti~,~ Grantor shall have the right to engage in all types of agricultural production as the 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 §30:[(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §30].(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 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. in 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 and Tmprovements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as may be permitted by the Town Code and subject to the approval of the 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; (ii) Greenhouses and one truck body existing on the Property, as shown on the Survey; use of the truck body on the north side of the Property adjacent to the greenhouse shall be limited to storage of flower pots and trays or storage of similar products related to Grantor's agricultural use; (iii) Construction of new structures, provided such structures are necessary for or accessory to agricultural production; (iv) 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; B. Conditions. Any allowable improvements shall protect 11 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. Grantors shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation 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 forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 17 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 5.0! 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 open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan'~ approved by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Insoection 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. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, 14 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 Riohts 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' written notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To 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 10 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of ' such other remedy or relief at any other time. Exti ne u ish m ent/Co nd em nation 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 Understandinq This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws, Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the 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 17 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. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7,05 Governinq Law New York Law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 1R 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. :If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its 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 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. lq IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: 6900 V~I(~KHAM AVENUE, LLC By: Richard T. Girards, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this~ [-~ day of~''~ ~ ~ )q in the year ~ before me, the undersigned, personally appeared SCOTT A, RUSSELL personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTYOF SUFFOLK ) SS: VICTORIA CHARCZUK Notary Public, State of New York NO 4860488 OuallSed in Suffolk County Commission Expires January 20, 20.L.. On this ~, day of rVl~,tj¼ in the year ;~1~01 before me, the undersigned, personally appeared Richard T. Girards personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public ~ FINAL SURVEY Peconic Abstract, Inc. Title No.: 641-S-03820 Amended 3/16/11 Schedule A Description - Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State cf New York, being bounded and described as follows: BEGINNING at a monument on the southeasterly side of Wicki~am Avenue (Old Middle Road) where same is intersected by the southwester~ly side of lands now or formerly of the County of Suffolk; RUNNING THENCE from said monument along said land, Soul:h 35 degrees 38 minutes 30 seconds East, 580.00 feet to a monument and othe, r land now or formerly of the County of Suffolk; RUNNING THENCE from said monument along said land, Soul:h 54 degrees 21 minutes 30 seconds West, 697.21 feet to a monument and land now or formerly of Anthony T. Krupski and wife; RUNNING THENCE from said monument and along said land, North 34 degrees 46 minutes 10 seconds West, 356.07 feet; RUNNING THENCE North 55 degrees 17 minutes 26 seconds Fast, 253.33 feet; RUNNING THENCE North 34 degrees 59 minutes 40 seconds ~Vest, 297.66 feet to the southeasterly side of Wickham Avenue (Old Middle Road); THENCE along the southeasterly side of Wickham Avenue (Old Middle Road) 441.13 feet to a monument first above mentioned and the point or place of BEGINNING. .goo/go0~ T I T L E P 0 L I C Y Owner's Policy Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 5011436-0007835e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of 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 authorized a transfer or conveyance; (iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform 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 judicial 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 from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Bate of Policy shown in Schedule A. First American Title Insurance Company For Reference: Dennis J. Gilmore President O / Timothy Kemp Secretary File #: 641-S-03820 APR 2 7 20 f DEP[ OF LAND PR£SERVATION y is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restheted to ALTA licensees and ALTA members in good standing as of the date of use Ali other uses are prohibited Reprinted under license from the American Land Title Association IForm 5011436 (9/1/10) Page 1 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06) New York Policy #: 5011436-0007835e COVERED RISKS (Continued) 5. The violation or enfomement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, 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; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth 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 of 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. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8 Any taking by a governmental body that has occurred and is binding on the dghts of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in pad, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that pdor transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and pdor to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attomeys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, 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; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 wdting 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 (however, 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 policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A J Form Page j ALTA Owner's Policy of Title Insurance (6-17-06) 501 1436 (9/1/10) 2 of 5 New York Policy #: 5011436-0007835e 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 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability 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 Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity 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- owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant": An Insured claiming loss or damage. "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. "Land": The land described in Schedule A, and affixed improvements that by law constitute real property, The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy, "Modgage": Mortgage, deed or trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law, "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 Risk 5(d), "'Public Records" shall also include environmental protection liens filed (e) (g) (h) (i) in the records of the clerk of the United States Distdct 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 delivep/of marketable title. 2. CONTINUATION 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 of 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 Mortgage 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 of any claim of title 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 virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure 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 damage, 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 loss or damage and shall state, to the extent 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 Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asseds a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the dght of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action 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 Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any JForm 5011436 (9/1/10) Page 3 of 5 I ALTA Owner's Policy of Title Insurance (6- 1 7-O6) New York Policy #: 50! 1436-0007835e 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 coud of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. 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 prosecute 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 securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be 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 furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) 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 Claimant shall grant its permission, in writing, for ~ny authorized representative of the Company to examine, respect, and copy all 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 of the claim. Failure of the insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties 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. CONDITIONS {Continued) 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To PaY or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized 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 liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle 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 claim insured against under this policy. In addition, the Company will pay 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; 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. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for 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 unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right 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. I Form 5011436 (9/1/10) Page 4 of 5 I ALTA Owner's Policy of Title Insurance (6 17-06) New York Policy #: 5011436-0007835e 9. LIMITATION OF LIABILITY (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 the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage unfil there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All 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 the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (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 expenses 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 settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogafion includes the dghts of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION Either the Company or the Insured may demand that the claim or CONDITIONS (Continued) controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall 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. LIABlUTY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (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 of this policy, this policy 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 of or endorsement to this policy must be in writing 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 pad of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and previsions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held 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 acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real 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 court 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 conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal coud within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in wdting required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, '1 First American Way; Santa Ana, CA 92707. Phone: 888-632-1642. Page J ALTA Owner's Policy of Title Insurance (6-17-06 Form 501 1436 (9/1110) 5 of 5 New Yod SCHEDULE A TITLE NO. 641-S-03820 POLICY NO. 5011436-0007835e AMOUNT OF INSURANCE: $ 520,625.70 DATE OF POLICY: 3/30/11 1. NAME OF INSURED: TOWN OF SOUTHOLD- as to Easement 6900 WICKHAM AVENUE, LLC - as to Fee Simple 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: AS TO EASEMENT 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: As to Easement. TOWN OF SOUTHOLD by a Deed dated 1213/10 and recorded 4/22/11 in the Suffolk County Clerk's Office in Liber 12657 page 874. As to Fee Simple - 6900 WlCKHAM AVENUE, LLC by a Deed from Carol Jean Girards, dated 811/07 and recorded 11/9/87 in the Suffolk County Clerk's Office in Liber 12529 page 657. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TAX MAP DESIGNATION: 1000-107.00-10.00.010.001 ADDRESS: 6900 Wickham Avenue, Mattituck, NY Peconic Abstract, Inc. Title No.: 641-S-03820 Amended 3121111 Schedule A Description - Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument on the southeasterly side of Wickham Avenue (Old Middle Road) where same is intersected by the southwesterly side of lands now or formerly of the County of Suffolk; RUNNING THENCE from said monument along said land, South 35 degrees 38 minutes 30 seconds East, 580.00 feet to a monument and other land now or formerly of the County of Suffolk; RUNNING THENCE from said monument along said land, South 54 degrees 21 minutes 30 seconds West, 697.21 feet to a monument and land now or formerly of Anthony T. Krupski and wife; RUNNING THENCE from said monument and along said land, North 34 degrees 46 minutes 10 seconds West, 234.65 feet; RUNNING THENCE North 34 degrees 59 minutes 40 seconds West, 121.42 feet to a point; RUNNING THENCE North 55 degrees 17 minutes 26 seconds East, 253.33 feet to a point; RUNNING THENCE North 34 degrees 59 minutes 40 seconds West, 297.66 feet to a point on the southeasterly side of Wickham Avenue (Old Middle Road); THENCE along the southeasterly side of Wickham Avenue (Old Middle Road), North 63 degrees 25 minutes 50 seconds East, 441.13 feet to a monument first above mentioned and the point or place of BEGINNING. SCHEDULE B POLICY NO.: 5011436-0007835e TITLE NUMBER: 641-S-03820 EXCEPTIONS FROM COVERAGE This Policy does not insure loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Special Exceptions: 1) Mortgage held by RICHARD D. OLIVO and CONRAD KUNDLE, dated 3/30/11, in the amount of $350,000.00, and recorded 4/22111 in Liber 22068 page 694. 2) Reserved Area; Survey by John T. Metzger, dated 3/11111 shows a frame house with attached deck; 2 trailers; one story building; mobile home; concrete building; metal building; 4 greenhouses, two of which extend onto the Development Rights Easement Area; utility pole and overhead wires; propane tank; gravel and asphalt drives. 3) Rights of the utility company to maintain the overhead wires and utility pole. 4) Development Rights Easement Area- Survey by John T. Metzger, dated 3111/11 shows a dirt and gravel drive which extends onto the Reserved Area; large greenhouse which extends also onto the Reserved Area. 5) Covenants and Restrictions in Liber 10019 page 572. 6) Commitment of Land of continued Agricultural Production in Liber 10292 page 265, Liber 10826 page 180, Liber 10575 page 582, Liber 11058 page 213, Liber 11269 page 410, Liber 11418 page 447, Liber 11619 page 809 and Liber 11661 page 349. 7) Collateral Assignment of Leases and Eents recorded 4/22/11 in Liber 12657 page 875. 8) Grant of Bevelopment Eights recorded 4/22/11 in Liber 12657 page 876. 9) Premises herein are listed as partially exempt from taxation at the present time, but may be subject to discontinuance of such exemption and possibly the imposition of an additional tax by reason of transfer or death of title from the exempt owner. 10)Company excepts possible unpaid water and sewer charges, if any. First American Title Insurance Company of New York STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) Title No. 641-S-03820 Attached to and made part of First American Title Insurance Company of New York Policy 1. Covered Risk Number 2(c) is deleted. 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. 3. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. iN W:EI'NESS WHEREOF, First American Title Insurance Company of New York has caused this Endorsement to be signed and sealed on its date of issue set forth herein. Dated: 3/30/:[! Countersigned First American Title Znsurance Company of New York Authorized Signatory _]ames H. Orphanides, President STANDARD NEW YORK ENDORSEMENT (1/1/07) FOR USE WITH ALTA OWNER'S POLICY (6-06) 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 ~ ~'o~' acres of active farmland and/or -- acres of non-farmland, situated at Suffolk County Tax Map No. plo 1000-107-10-10.1 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor ~OF 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner 6900 WICKHAM AVENUE, LLC RICH RD~GI~RDS~ ~'~ Managing Member 6900 Wickham Avenue Mattituck, NY 11952 STATE OF NEWYORK ) COUNTY OF SUFFOLK ) )SSZ On the ~ day of ~r~l~,. ;,;~ ,2011, 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 NEWYORK ) COUNTY OF SUFFOLK) )SS: VICTORIA CHARCZUK ~ ~ Notary Public, State. of New Yonk No 4850488 Quatified in Suffolk County ) Commission Exp es Jar~uary 20, 20__ On the ~c~ day of ~ ~**~,-c~ , 2011, before me personally appeared RICHARD GIRARDS, 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 WC~O~;~A CHARCZUK (/ I Notary Public, State of New York NO 48,50488 Qualified in Su~oJk Couniy ) Commission Expires January 20 20./__ ,',~. I STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS D/v/s/on of Agricultural Protection and Development Services 518~$?-2713 Fa~ $18~57-2716 10B Airline Drive Albany, New York 12235 June 6,2011 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 Richard Girards for approximately +8.26 acres of active farmland located at 1000-107-10-10.1, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the Town of 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, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit CC: Dave Behm, Farmland Protection Unit Ken Schmitt, Suffolk County AFPB File No.: AP 11/025-W JUN 1 3 2011 DEPf. OF MND PRESERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.somhold.ny.us Telcphone (631 ) 765 -5711 Facsimile (631) 765 6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner 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 May 19,2011 Bob So~ners, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 1 OB Airline Drive Albany, NY 12235 Re: 6900 WICKHAM AVENUE~ LLC to TOWN OF SOUTHOLD Part of SCTM//1000-107.-I0-10.1 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 Richard Girards, Managing Member of 6900 Wickham Avenue, LLC, at the time of closing on a development rights easement on active farmland formerly identified as part of SCTM #1000-107.-10-10.1. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: 6900 Wickham Avenue, LLC Town of Southold April 22, 2011 D00012657 876 6900 Wickham Avenue, Mattituck 8.2639 acres p/o 1000-107.00-10.00-010.001 n/k/a 1000-107.00-10.00-010.004 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 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 ~2ureau of Real Property, 5th Floor 5 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · Fax: (518) 402-9028 Webs te: vvww.dec.ny..qov Joe Martens Commissioner May 25, 2011 Melissa Spiro Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received in our office the following conservation easement: CE: Suffolk 548 Grantor: 6900 Wickham Avenue, LLC Liber: D000012657 Page: 876 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 this parcel, please use the assigned identifier. CLM:gm Your cooperation in this matter is very much appreciated. Very truly yours, Carmen L. Masters Bureau of Real Property [ IAY 27 2011I DEPT. OF LAND PRESERVAI'ION 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 Sta~e 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 May 31, 2011 Richard Girards 6900 Wickham Avenue, LLC 6900 Wickham Avenue Mattituck, NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suftblk 548 SCTM #1000-107.-10-10.4 Dear Mr. Girards: Please be advised that the Town's purchase of a development rights easement on property located at 6900 Wickham 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 (518-402-9442) and refer to the assigned identifier CE: Suffolk 548. ~c~ery truly yours, 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 I 1971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD May 19, 201 NYSDEC Bureau of Real Property 625 Broadway, 5m Floor Albany, NY 122334256 Attention: Re: Carmen Masters Conservation Easements Registry 6900 WICKHAM AVENUE~ LLC to TOWN OF SOUTHOLD Dear Ms. Masters: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: 6900 Wickham Avenue, LLC Town of Southold April 22, 2011 D00012657 876 6900 Wickham Avenue, Mattituck 8.2639 acres p/o 1000-107.00-10.00-010.001 n/k/a 1000-107.00-10.00-0I 0.004 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: Richard Girards, Managing Member w/enc. 6900 Wickham Avenue, Mattituck, NY 11952 P R O P E R T Y R E C O R D S 6900 WICKHAM AVENLIE, LLC (Richard & Carol Girards) to TOWN OF SOUTHOLD Part of SCTM #1000-107~-10-10.1 8.2639 acre development rights easement Location: 6900 Wickham Avenue, Mattituck Closing held on Wednesday, March 30, 2011 @ 3:00 p.m~ Town Hall Annex from left to right: Supervisor Scott A. Russell Richard Girards DEPARFMENT OF L'~ND PRESER'VA HON l()X3, N OI S()[iIIIOLD OFI'I('E Iff)CA I'ION: ~,IA II,IN(; ADDRESS: P() t3o× 1179 %oudlold NX~ l1971 0959 To: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Managers Peconic Land TrusL Inc The Nature Conservancy Melissa Spiro, Land Preservation Coordinator March 31, 2011 6900 WICKHAM AVENUE, LLC to TOWN OF SOUTHOLD plo SCTM #1000-107.-10-10,1 Please be advised that the Town has acquired a development rights easement on the agricultural property listed below If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNER: CONTRACT DATE: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: RESERVED AREA: ZONING: FUNDING: 6900 Wickham Avenue, Mattituck part of 1000-107 -10-10.1 6900 Wickham Avenue, LLC (Richard & Carol Girards) December 3, 2010 Wednesday, March 30, 2011 $ 520,625 70 (based on 8.2639 buildable acres $63,000/buildable acre) 101004 acres 8 2639 acres 1 84 acre (80,000 sq. ft) AC CPF 2% Land Bank 107.-10-10_1 473889 Southold Active R/$:1 School: Mattiluck Sche Girards. Carol J IRollYear: I;;;~)~' Cu. ~ Field cmp~ L~ndAV: 3.300 Gg00 ~ickham Ave Land Size:10]0 acles TotalAV: 14.G00 Owner To~al: 2 A Site Total: 1 Flame: C~[ol & Giimds P[pcls: Nbhd Cd: Sewer: Water: Utilities: Addl Addr: Field clops 0 S feet 6900 ~ickham Ave PO C~y MattiJu~k. NY Zip: !i952- v ~axable~alu~ Mi~cellaneou~ ' Land Teal 0 ~unl~' 1~400 Book' 12529 T-~e' FF' De-h' Ace~' S~' ScF~oI: ~2.400 Nlortg' ~ale ~ ~- ~, ~-:~ ~ Total; 1 , Building T~o~al' O ~ %;; ;; ' ~ ...... Type Name Diml Dim2 SQF~ Yr Built 41854 STaR,BAS C: ~ 670 0 0 ':~, ?~ FDO3b ~::~ att~o~ FD .00 OO oo Double Click tO open a window A E R I A L S t I = 750' ! ~UIRY #: YEAR: 1969 750' ;IUIRY #: 2946682.3 YEAR: 1985 ~N )UIRY #: YEAR: 1994 I = 750' 2 0 1 1 S I T E V I S I T F FINAL SURVEY SURVEY OF PROPERTY A T MA TTITUCK TO'tN OF SOUTHOLD SUFFOLK COUNTY, N.~ AREA-lO.lO04 ACRES 6900 WICKHAM AVENUE, LLC to TOWN OF SOUTHOLD SCTM #1000-107,-:10-10,4 8.2639 acre development rights easement Location: 6900 Wickham Avenue, Mattituck Photos taken on March 29, 2011 Photo Point A - Point located approximately 441.13 feet westerly from the monument placed at the northeasterly corner of the development ri§hts easement area. A utility pole is located on northerly side of hedges, just slightly west of photo point. Photo Point B - Point located at the monument marking the northeast corner of development rights easement. Photo Point C - Point located at the monument marking the southeast corner of development rights easement. Photo Point D - Point located near the monument marking the southwest corner of development rights easement. Photo Point E - Point located along the westerly property boundary line approximately :[21.42 feet from the monument marking the southwest corner of the Reserved Area. Photo Point F - Point located along the dirt & gravel road running through the development rights easement area approximately 200 feet south from Wickham Avenue. A1 - View along the northerly property boundary line facing westerly showing the residential home located within the Reserved Area. Photo taken in a west-southwesterly direction, A2 - photo taken in a soUtherly dire~tion; A3 - Photo taken in a south-southwesterly direction, A5 - View along the northerly property boundary line facing east-northeasterly. B;t - View along the northerly property boundary line facing westerly; Photo shOWs one of the greenhouses and residential home in the distance, Photo taken in a west~southwesteriy direction. B2 - Photo taken from northeastern corner monument facing in a southerly direction. B3-View alOng eastel property bou line facing , direction. C:[ - view along easterly property boundary line facing in a northwesterly direction towards Wickham Avenue. C2- Photo taker * JrectJon across Pment rights easement area. C3 - photo taken in a westerly direction across development rights easement area. C4 - view along indary line facing in a south-sOUthwesterly direction. D1 - view along the southerly property boundary line facing in an easterly direction. D2 - Photo taken n a northeasterly direction. D3 - photo taken in a northerly direction. D5 - view along the westerly property boundary line facing in a north-northwesterly direction. E1 - VieTM along ~roperty boundary line ~g tn a sou , direction. E2 - photo taken in a southeasterly direction. E4- photo taken m a northeasterly direction along a line marking the development rights easement, F1 - photo taken in a northwesterly direction showing greenhouse, truck storage container and discarded wood pallets. F2 - photo taken facing west-southwesterly direction across first hoop house location partially within easement area, and farm business office that is outside the development rights easement area, F3 - photo taken in a southerly direction. S U R V E Y FINAL SURVEY SURVEY OF PROPERTY 54' 256. 09' (OLD MIDDLE ROAD) A T MA TTITUCK TOFN OF SOUTHOLD SUFFOLK COUNTY, N.Y. lO00-107-10-1al 34' RESERVED AREA 8~000 SO FE I STZ 211' GREENHOUSE 253.33' GREENHOUSE DEVELOPMENT RIGHTS EASEMENT AREA 8.2639 ACRES OR 359,975 SO FT. BRUSH S54'21 'JO"W 697.21' SCALE: 1'=40' DECEMBER 1~ 2010 JANUARY I~ 2011 {REWSION MARCH 1~ 2011 (RE,SION) MARCH 2~, 2011 MAR 30 20~1 I t)EPl. OF L~ND PRESERVATION CERTIFIED TO: TOWN OF SOUTHOLD 6900 WICKHAM AVENUE, LLC FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK COUNTY OF SUFFOLK AREA=lO,lO04 ACRES · =MONUMENT ANY ALTERATION OR ADDITION TO TI-IlS SURVEY IS A WOLATION OF SECTION 72090F TI~E NEW YORK STATE EDUCA~ON ~ EXCEPT AS PER SECTION 7209-SUBDIWSION Z ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. (631) 765-5020 FA) P.a BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 765-1797 10-242