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Home My WebLink AboutPindar Vineyards, LLC • Foc'�� c a 1000-108-4-1.4 (f/k/a 1000-108-4-p/o 1.1) Baseline Documentation Premises: 18625 Main Rd (NYS Rt 25) • Mattituck, New York 20.0 acres Development Rights Easement PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Easement dated December 19, 2011 Recorded January 25, 2012 • Suffolk County Clerk - Liber D00012683, Page 180 . SCTM #: 1000-108-4-1.4 (Vk/a 1000-108-4-p/o 1.1) Premises: 18625 Main Road (Rt 25) Hamlet: Mattituck Purchase Price: $192209000.00 (20.0 buildable acres @ $61,000/acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 24.18 acres Development Rights: 20.0 easement acres Reserved Area: 4.18 acres Zoned: A-C Existing Improvements: In November 2011 — Within Easement Area: cultivated field and wooded areas; wire fenced area containing 2 temporary hoop buildings to service sheep; well near western boundary line; encroaching wire fencing along part of eastern boundary line. Within Reserved Area: residential framed dwelling; frame garage; frame barn; dirt driveway; wood fence along part of western boundary line DESCRIPTION LAND The property is a portion of a larger parcel which has a generally rectangular shape having a southerly border of 167±' along the northerly side of Main Road (C.R. 25) , an irregular westerly border of 2,699±', a northerly border of 338±' which abuts the railroad tracks of the Long Island Rail Road, and an easterly line of 2,673±', for a total area of 20.00± acres. The land is mostly cleared, level, and is situated at or near road grade. Although the subject portion will not have direct frontage along Main Road, we have been instructed to presume it will have a 50' wide right of way easement over the reserve • (excluded)area. The subject has additional road frontage along Teresa Lane which is 50+_' wide and terminates at the eastern border of the property. The above dimensions are taken from the Suffolk County Tax Map. We have included a copy of the Tax Map showing the subject in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage on Main Road and Teresa Lane. Main Road and Teresa Lane are both two-way, two-lane, publicly maintained, macadam paved roads. Public water is not available in this area. Water supply is generally achieved via on site wells. The subject is not situated in a flood zone. RGIVEN A S S 0 C I Pi ES P • R O P E R T Y V • I S U A L S • ,., y 19.5A s FO • S 9 � L6Aml 9.OAIc1 �O PpJa O 96•�� 4 .O +' 6.3 .0 5.1 61 1 A 1 9AIc1 2 JOIN OF SWIMLD ,t .111 1.1 awry 120 % 4 1 5' 11JAW 1.19 I 1.19 J 6.2 7.17 4 1].]A O .50 plp? 3D.B11c1 1.16 k E 1.15 m 6 ° 1.59 k 5.16 , 7.14 °•b A6 ° 4C 51A8 k 1.13 R' lsl Y "' •' til 5.15 1.52 9 17.12.r 1.12 lax 5.15 1.11 ♦ ° 1.55 i.Jl 1.10 q 5.11 k s 7.33 1.30 l.9 trpc k k5.12 6` 1-]I 1.29 'S'\ryP�e�. '4"• h , Cr ySA`�'Y 5.11 1.J5 i2B uv b 1.1 y 1 + k + 1.36 121 7.6 '4 5.10 0 us ti 7.4 61 1J9 (9• 219AW uv la b 12J a °Y 1.0Alcl S. \ 11„ 1.50 b\ 1.53 FOR P4.W. 1q' �'�' CL.9ID. i.51 11.] S21 5f[.W. FOR PCL.N0. SED.W. SEE SEC.W. 155 ' I.BA 5-02-COJ 1I5-D2-OD6 115-D2-009.J SEE 00-010. nn 1.56 115-02-0108 1.55 112 3 k 2.3A .� MpJN T rnl Tax Map Location a.' P 4 �4c View of . • Northerly SUBJECT PHOTOGRAPHS , View Westerly � � R ..tri--" •,, . r � Along Main - .. . 16 View Easterly t •`e s' w Along Main R.. • y. .•-'Ai I�51 SUBJECT PHOTOGRAPH3 H ALONGSTREET SCENE FACING WEST • 1 � �t tr, rttA•�y�p3p � �'J Y� �,1 STREET SCENE FACING EAST f ALONGR• • SUBJECT PHOTOGRAPHS xw-) a — 1 SUBJECT VIEW FROM MAIN ROAD r� 7 .". -l� 1 ' ADDITIONAL VIEW FROM MAIN ROAD F- GIVEN P 5 5 0 C I T F 5 �11' ' Subject = �= �■ � B A • P P R A I S A L ' • M O T I O N • LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, March 8, 2011 at 7:00 p.m. Members Present: John Sepenoski, Chairman Maureen Cullinane Chris Baiz Lillian Ball Eric Keil Monica Harbes Members Absent: Ray Huntington Also present: Melissa Spiro, Land Preservation Coordinator Al Krupski, Town Board liaison Ed Harbes, Landowner(for Pangari agenda item) Commencement: • The meeting began at 7:10 p.m. with six LPC members present. EXCERPT FROM ADOPTED 3/8/2011 LPC MEETING MINUTES Land Preservation Applications and Inquiries: • SCTM #1000-108-4-1.1 (Pindar Vineyards, LLC, 18625 Route 25, Mattituck) Re-submission of application for PDR Melissa advised the Committee that Dr. Damianos had submitted an application requesting that the LPC proceed with his PDR application. MOTION made by Eric Keil, seconded by Maureen Cullinane, to direct Melissa Spiro to commission an appraisal of property owned by Pindar Vineyards, LLC (SCTM #1000-108-4-1.1) to determine the value of a development rights easement offered to the Town by the landowner on this parcel. Motion carried: 6/0 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 18625 Mein Road Mattituck, New York i NP&V Job# 11137 �I I October 25, 2011 i CONFIDENTIAL AND PRIVILEGED 1 • NELSON, PLANNING POPE6 VOORHIS, LLC ENVIRONMENTAL - LTING 572 WALT WHITMAN Fl0A0, MB_VILLF- NY 11747-21BB • (631)4275BB5• FAX(6313427-5620-w ,-Ielsorpope.corn 1I Phase I • Environmental Site Assessment 18625 Main Road 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The overall property is a 24.18-acre parcel of agricultural land. This report addresses 20 acres of the overall property from which the Town is purchasing the Development Rights. The subject property is located on the north side of Main Road in Mattituck, approximately 1,000 feet west of Elijah's Lane. The property is more particularly described as Suffolk County Tax Map # 1000-108-4-1.1. The subject property is currently utilized as farmland and has been utilized as farmland throughout the entire period of available records (since at least 1938). An irrigation well is present on the west side of the subject property. No structures or site improvements were observed on the subject property. No indicators of environmental conditions such as dumping, staining, residue, odors, or stressed vegetation were observed on the subject property. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1954, 1957, 1961, 1969, 1976, 1980, 1985, 1994, 2006, and 2008 were reviewed in order to determine if any prior uses occupied the subject property. This review revealed the subject property was utilized as farmland in all of the aerials. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. One (1) State and tribal landfill and/or solid waste disposal site is located within a quarter to a half mile of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental condition in connection with the subject property, subject to the methodology and limitations of this report. 11th ��, IrV�fll IEl6dV POPE 6 VQ34i15.LLC awmiwcivrx. Puwivmc.crnsinr.G ' 18625 Main Road Mattituck,NY NPhase 1 ESA Site Photographs 10/19/11 1. View of the southern planted portion of the property looking north. 1 1 1 1 1 1 1� 2. View of the wooded/brush area in the center of the property looking west. 1 1 y. 1 1 1 i 1 ' 18625 Main Road Mattituck,NV Phase 1 ESA NSite Photographs 10/19/11 3. View of the northern part of the property looking north. 1 4. Livestock area. wkyy} ' � Iii o ' 18625 Main Road Mattituck,NY NPhase 1 ESA Site Photographs 10/19/11 �. Irrigation well located on the west side of the property, looking east. s 1 yam. 6. Debris in the wooded area. 1 1 18625 Main Road Mattituck,NY NPhase 1 ESA Site Photographs 10/19/11 -. An empty water tank in the wooded area. 1 1 1 i 1 1 1� 8. Debris in the wooded area. 1 i 1 1 1 1 1 1 1 O O g❑ttolh r New Ave r A t n T• n 0 9 - e O � fc 101 O A "Pfu o FIGURE 1 18625 Main Road, LOCATION MAP Mattituck Source: ESRI Web Mapping Service Scale: 1 inch = 1,000 feet Phase I ESA ` Y t , a v 0 4 `m g FIGURE 2 AERIAL PHOTOGRAPH 11 _ _ � 54 S " ap � AWL 4 G A i.. � �..• Res � .* s � J 11 / \ I -r �Za .-- AC R-80 ReidseilLaaDWM*A R-120 ResidriI 'LOW Dwnft B j 8-200 _ Rwide�ni�l taw Deneiy C / R SOD Rewdsrid Low Ds D FD Lianlet Dapift RRR eai3erelal Rd ML11aL1omRnpOfamict RD Reaidit*NVC foe HB Le _ HaadetButaroes& f LB _ Lloied Buenas —— �i � i ' ,\ B _ General Busirsss LID L•Vtbdwri8o0%=Padk U k rj FIGURE 4 18625 Main Road, ftWI ZONING MAP Mattituck - - - �- Source: Southold Zoning Map,2004 NORM Scale: +/-l"=1,000' Phase I ESA Rd A ' p�� Kd B dB eke Ha6 RdAr HaB a Rd CpE � d 40 1 HaA ,. 9 (. HaA r , Ha 8 1 RdA C..) / R ^� E B �~ ' dA RdB RdB • �'\ dC 'ft m cmo 19 t RhB HaA � �+ HaA w RhB 1 � :. Qt�x� u '�•. - � �I w RdB FIGURE 5 18625 Main Road, l� SOIL MAP Mattituck AA qSource: Suffolk County Soil Survey NORTH Scale: V=500' + Phase I ESA 1 .. w lk 1 ';h SBM24 • - o�� 'L� n atooka o Pond ,rz _ 3 `C1 $ • • 4 _ •, O �� a e^ ^ • "fa• "a . e y FIGURE 6 18625 Main Road, TOPOGRAPHIC MAP Mattituck Source: USGS Topographic Map, NORTH Mattituck&Mattituck Hills Quadrangles phase I ESA Scale: P= 1,000' 1 S53324 9.29 153325 S32390 3.730, 7.66viii S53333 do r2 S6560 � 4 „ 10 391814 y 12.14• 1 S54885 $51581 10.31 ,'f 10.01 � GREAT PECONI C FIGURE 7 ISI' WATER TABLE 18625 Main Road, CONTOUR MAP Mattituck Source: USGS Water Resource Investigation Report,2009 xo 77i Scale: 1"=5,000' Phase I ESA 1 FIGURE 8 18625 Main Road, WATER MAIN MAP Mattituck Source: SCWA,2009 NORTH Scale: 1"=1,000' + Phase I ESA N 1 1 1 1 1 1� 1 1 1 1 FIGURE 9 NYSDEC FRESHWATER 18625 Main Road, WETLANDS MAP Mattituck Source: NYSDEC Freshwater Wetlands Map, NORTH Mattituck&Mattituck Frills Quadrangles Phase I ESA Scale: l"=1,000' 1 1 r 1� L 1 r 1 L FIGURE 10 NATIONAL WETLANDS 18625 Main Road, �W, I INVENTORY MAP Mattituck Source: National Wetlands Inventory Map, NORTH Mattituck&Mattituck Hills Quadrangle phase I ESA Scale: 1"=1,000' t r .A J1 ll i �i F�Tt » t 4 iffig11 OVERVIEW MAP - 3170782.2s 9 c • e O e J � O s / ag � t i i/ y / / R 3� 2 New S� Ave i i m N Target Property o 114 to 1Mrs. A Sites at elevations higher than or equal to the target property Indian Reservations BIA I, • Sites at elevations lower than N County Boundary the target property A Manufactured Gas Plants N Oil Gas pipelines from USGS ® loo-year flood zone National Priorly List Sites 500-year flood zone Dept.Defense Sites National Wetland Inventory • State wetlands This report includes Interactive Map Layers to display and/or hide map information.The legend includes only those icons for the default map view. SITE NAME: 18625 Main Road,Mattituck CLIENT: Nelson,Pope&Voorhis LLC ADDRESS: 18625 Main Road CONTACT: Steven Mcginn Mattituck NY 11952 INQUIRY#: 3170782.2s LAT/LONG: 41.0018/72.5175 DATE: September 21,2011 3:24 pm eowight a zon eon,me.a zam tet Am:au.mnooe. DETAIL MAP - 3170782.2s VIP am • ♦ W P u' i Qa 1s o° F a e ( 0 c as F a n i /� 25 Sr a1 e HrY . HwY 25 lar l - 9 B s o 1n 1culk. ^/ Target Property to A Sites at elevations higher than or equal to the target property Ell, Indian Reservations BIA ♦ Sites at elevations lower than Oil&Gas pipelines from USGS the target property 100-year flood zone ,L Manufactured Gas Plants 500-year flood zone i Sensitive Receptors National Wetland Inventory National Priority List Sites State Wetlands 171 Dept.Defense Sites This report includes Interactive Map Layers tr • display and/or hide map information.The legend includes only those icons for the default map view. SITE NAME: 186251 ain Road,MaWtuck CLIENT: Nelson,Pope&Voorhis LLC ADDRESS: 16625 Maln Road CONTACT: Steven Mcginn Mattituck NY 11952 INQUIRY k: 3170782.2s LAT/LONG: 41.0018/72.5175 DATE: September 21,2011 3:25 pm CopOcbt 9 2011 eon,Inc.0 2010 i.k Au.s ad. of000s SSURGO SOIL MAP - 3170782.2s , 4 l� ; 1 i � I 4 i % I ' 1 it II i >M' Target Property ^.j SSURGO Soil Water • SITE NAME: 18625 Main Road, Mattituck CLIENT: Nelson,Pope&Voorhis LLC ADDRESS: 18625 Main Road CONTACT: Steven Mcginn Mattituck NY 11952 INQUIRY#: 3170782.2s LAT/LONG: 41.0018/72.5175 DATE: September 21,2011 3:25 pm L PriuhtO 8111 EDF,Inc.c N10Tek Atks PoI.07Q , PHYSICAL SETTING SOURCE MAP - 3170782.2s V ,I 1 u % 1 j 4 / lJ z � 9 S nn 0110 �\ ryh V 0 114 112 1 Mihr County Boundary N Major Roads Contour Lines } Groundwater Flow Direction c 1 Indeterminate Groundwater Flow at Location Airports OO Earthquake epicenter,Richter 5 or greater cv Groundwater Flow Varies at Location ® Water Wells ® Closest Hydrogeological Data • Oil,gas or related wells © Public Water Supply Wells • • Cluster of Multiple Icons SITE NAME: 18625 Main Road, Mattituck CLIENT: Nelson, Pope&Voorhis LLC ADDRESS: 18625 Main Road CONTACT: Steven Mcgjnn Mattituck NY 11952 INQUIRY N: 3170782.2s LAT/LONG: 41.0018/72.5175 DATE: September 21,2011 3:25 pm Copyrlght C 2011 EOR,Inc 0 2010 tek Atka Rd.070009. P • IJ I, B L I C H E A • R I N G • i amt RESOLUTION 2011-603 z ADOPTED DOC ID: 7061 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-603 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 16, 2011: 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 30, 2011, at 7:36 p.m., Southold Town Hall 53095 Main Road Southold New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Pindar Vineyards LLC. Said property is identified as part of SCTM #1000-108.-4-1.1. The address is 18625 Main Road(NYS Route 25) in Mattituck,New Yorl.. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18±total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land • Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars)per buildable acre for the 20± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. �j 7 �a' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Roland, Councilman SECONDER:Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 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 30, 2011, at 7:36 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Pindar Vineyards, LLC. Said property is identified as part of SCTM #1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88E acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18± total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is 561,000 (sixty-one thousand dollars) per buildable acre for the 20± acre easement plus acquisition costs. • The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: August 16, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON August 25, 2011 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 Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board • I • SOUTHOLD TOWN BOARD PUBLIC HEARING August 30, 2011 7:36 PM Present: Supervisor Scott Russell Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper Absent: Justice Louisa Evans This hearing was opened at 8:00 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 30, 2011, at 7:36 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Pindar Vineyards, LLC. Said property is identified as part of SCTM #1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18± total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested • person during business hours. Pindar Development Rights Easement Public Hearing 2 August 30, 2011 • I have a notice from the LWRP coordinator, purchase of the development rights, the proposed acquisitions of development rights easement on part of the property. The action has been reviewed to chapter 268, waterfront consistency review of the Southold Town code and the LWRP 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. I have a notice it was posted in the Suffolk Times on August 25`h and that it was posted on the Town Clerks bulletin board on August 22, 2011 and the short environmental assessment form from the Land Preservation coordinator, saying that it is no action and that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public hearing for the purchase of development rights? COUNCILMAN KRUPSKI: I would just like to say there is a, the map is right down here. It shows the location of the parcel, this is an important block. The Land Preservation Committee was happy to recommend this to the Town Board because there are parcels from the west starting at Councilman Ruland's farm and then there is a farm in contract with the Land Preservation Committee and then there are two other farms that have development rights sold already and this will be the last farm that completes a rather nice, large block of farmland between the Main Road and the railroad tracks. So it will, you know, forever preserve that farming potential in that area. And because of that, Land • Preservation Committee recommended that the town purchase the development rights. SUPERVISOR RUSSELL: I would echo Councilman Krupski's comments and say this key piece actually creates an entire farmland block that stretches from Mill Lane in Mattituck all the way east to Elijah's Lane estates in Mattituck. Any comments? UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Thank you. We appreciate the landowner making it available, so that completes it forever. You take all of the current names out of it and going forward, it is always going to be available for agriculture and as one of the whereas' said, for recharge for the aquifer which is very important also. SUPERVISOR RUSSELL: Well, thanks to Dr. Damianos and his family for agreeing to sell the development rights to the town. This hearing was closed at 8:05 PM Linda J. Cooper • Deputy Town Clerk S E Q R A P U R C H A S E R E S O L U T I O � N a ® _ RESOLUTION 2011-626 .. �� ADOPTED DOC ID: 7062 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-626 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 30, 2011: 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 land owned by Pindar Vineyards, LLC on the 30`h day of August, 2011, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-108.-4-1.1, The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25) approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district; and WHEREAS, the development rights easement comprises a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18± acre total parcel acreage. 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 $61,000 (sixty-one thousand dollars) per buildable acre for the 20± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold • purchase the development rights on this agricultural land; and, Resolution 2011-626 Board Meeting of August 30, 2011 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 Pindar Vineyards, LLC, identified as part of SCTM #1000-108.-4-1.1. 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 [UNANIMOUSI MOVER: Vincent Orlando, Councilman SECONDER:Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell Updated: 8/30/2011 2:00 PM by Lynda Rudder Page 2 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be co m leted b A licant or Project Sponsor) 1. APPLICANTT//SPP7ONS 2. 1 PROJECT NAME IL44A r0(C(�g5! Deu•�' 4 WJ "Ic OY1 ^cC q V1 o e gels (..V— FiV' 3. PROJECT LOCATION: ((((' Municipality �� Sp pry County C 1.-40t 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) `5 Crm * mcx:) - IC(+B - ll ^1.i %��s ANgtm ?vQO , A6`1�- -vck;z, 5. PROPOSED ACTION IS: ® New [] Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY* �1 Own -fvr6-"se cX c?evaQc)?,mer;!K ��5 2`tSF Y1tPI�� on erg c7l� 2K.I g — acre 7. AMOUNT OF LAND AFFECTED: 'F Initially 21�I- acres Ultimately `Z�� acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Ig Yes ❑ No If No,describe briefly 9. WHAT la PRESENT LAND USE IN VICINITY OF PROJECT? Residential F Industrial [54 Commercial fA Agriculture ❑ Park/ForesUOpen Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? Yes ® No If Yes,list agency(s)name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E] Yes ® No If Yes,list agency(s)name and permillapprovals: 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes EYNo 1 CERTIFY THAT THE I FORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: toed Q Y -FOn Q-pQ i1iJv2 Date: 8//71// Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.47 If yes,coordinate the review process and use the FULL EAF. . 11 Yes ® No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.61 If No,a negative declaration may be superseded by another involved agency. Yes ® No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) Ct. 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: 1\5p C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: 130 C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: Nv 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 briefly: No C5. Growth,subsequent development or related activities likely to be Induced by the proposed action?Explain briefly: �J C6. Long tens,short term,cumulative,or other effects not identified in C1-05? Explain briefly: O C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: • D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CFA)? n Yes ® No If Yes,explain briefly: E IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes E4 No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.. Each effect shouldbe assessed in connection with its(a)setting(i.e.urban or rural); (b).probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope; and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain al relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked sufficient detail to show that Ip q Y determination.of significance otentialim ad of the proposed action on the.environmental charaderisticsofthe CEA. yes,the Ig P P Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL i EAF andfor prepare a positive declaration. rj Check this box If you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WIL C� NOT result in any significant adverse environmental Impacts AND provide,on attachments as necessary,the reasons supporting this determination %+OL.D tOwN ARD Name of Lead Agency Dale Gu--M— SSEL` I �'• N S�PEQ�%SotZ Print or Type Nal f Responsible cer in Lead a Title of Responsible Officer t i�i�/�.Lzlrit Sign of Responsitifli Officer in Lead Agency signature of Preparer(If di from responsible officer) OFFICE LOCATION: �q S0(/jMAILING ADDRESS: Town Hall Annex � Ol0• P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (car. Main Rd. &Youngs Ave.) Southold, NY 11971 CA Telephone: 631765-1938 �O Fax: 631765-3136 NTI,O``� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: August 17, 2011 • Re: Purchase of a development rights easement owned by Pindar Vineyards, LLC. Location: 18625 Main Road (NYS Route 25) in Mattituck, New York Part of SCTM #1000-108.-4-1.1 The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20± acres (subject to survey) of the 24.18±total parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator • AUG 17 2011 DEPT,OF ND PRESERKTION C • L '' O S I N G S T • A �' T E M �� E N T • • CLOSING STATEMENT PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Part of SCTM #1000-108.-4-1.1 Total Development Rights Easement— 20.0 acres Total Parcel Acreage — 24.18 acres Reserved Area — 4.18 acres Location: 18625 Main Rd (NYS Rt 25), Mattituck Closing took place on Monday, December 19, 2011 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 1,220,000.00 (based upon 20.0 buildable acres @ $61,000/buildable acre) disbursed as follows: • Payable to Farm Credit East, ACA $ 408,000.00 Check #112456 (12/19/2011) Payable to William F. Bates, As Attorney $ 795,650.00 Check #112453 (12/19/2011) Payable to William F. Bates, Esq. $ 350.00 Check # 112454 (12/19/2011) Payable to Stewart Title Insurance Company $ 16,000.00 Check #112458 (12/19/2011) $ 1,220,000.00 Expenses of Closing: Appraisal Payable to Given Associates, LLC $ 2,600.00 Check #91181 (5/22/2007) Updated Appraisal • Payable to Given Associates, LLC $ 2,000.00 Check #109960 5110/2011 Survey Payable to John C. Ehlers Land Surveyor $ 1,500.00 Check #112363 (12/6/2011) Environmental Report Phase I ESA Payable to Nelson, Pope & Voorhis, LLC $ 1,000.00 Check #112143 (11/9/2011) Title Report Payable to Stewart Title Insurance Company $ 5,638.00 Check #112457 (12/19/2011) Title insurance policy $ 5313 Recording easement $ 275 Certified Copy $ 50 • Covenants & Restrictions Recording Fee Payable to Stewart Title Insurance Company $ 275.00 Check #112572 (12/20/2011) Title Closer Attendance Fee Payable to Patricia Fallon $ 100.00 Check # 112455 (12/19/2011) Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Dr. Herodotus Damianos Seller/President, Pindar Vineyards LLC Kathryn Krejci Executive Director for Pindar Vineyards LLC Hon. Rudolph H. Bruer Attorney for Pindar Vineyards LLC Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Administrative Asst TOWN OF SOUTHOLD VENDOR 006019 FARM CREDIT EAST, ACA 12/19/2011 CHECK 112456 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2 .000. 000 TBR626 121911 PINDAR-PART.CHK.DSBRSMNT 408, 000. 00 TOTAL 408, 000 . 00 r� I gen. All 6 4I w "WW, u v ti o�� e, q��otb".va O'o h Too 4:RWMN'A7 o� �O O Yir 'i M iiH a niN o 'Nk �^ ,y ,r ry rl o PI h r > $WEOWt6ff110jtRI 9AK, iof f _ FF TE ._. IIS I Q-%0, 612,4 1, 3,2ti9xaaik I I � _ btz H �b Tt� o o�l�it worts a �. o �a � A �i F" R,A3'PCl wo s i / a c0 b A"! VIA, 1 pt,:�� :o 4s�,�: s,3 na do do,,., .�^ TOWN OF SOUTHOLD VENDOR 002123 WILLIAM BATES,AS ATTORNEY 12/19/2011 CHECK 112453 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 . 8686 . 2 . 000. 000 TBR626 121911 PINDAR-PART.CHK.DSBRSMNT 795, 650.00 TOTAL 795, 650 . 00 a 9 4¢ M i N wl 15 tk T' Y FI iM {FY Ph 11 V I^ V a.y+,d� �r �F• I �uu \n', ii AY o� , a °, WRMI V � �11 pmol ,mdrn`L �\ < — NO °2.2 4B 3 A DATE':; a� MOU T - = sa;SYeizra ~<y If321111 = $'795,650,00= SEVEN HuRbRSn L>?INET-Y V T-RbfJSANpQs 129��p i W 7r AT'SS E s Tog, f ' -� - TV T IT �.... i3n+ �.r:�J� �4�J51.64+�-=•6� .;P�flb€�� "� ,..,..��::.�� `�w��.��,. ��..�,�r,,..�.. TOWN OF SOUTHOLD VENDOR 002118 WILLIAM F. BATES,ESQ. 12/19/2011 CHECK 112454 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686 .2 . 000. 000 TBR626 121911 PINDAR-PART.CHK.DSHRSMNT 350. 00 TOTAL 350 . 00 I� I e x ,V r c=rt,� s�jy p � 4 � ag p `591 A 8 1 , � ae. �a�`6&aW M��I� t RVI W!W V� 1, N i v � J� V a, ,. a�u 51 a , w yo 4 tel: 4 s s .I UIP n t'3 A� r i= 1111011 � r Vh ezyf �r � 1 .—�'�Trc�� u a a f+P i r xn q� Gr u ,,� A�U�,kIEA➢ NY 1191 e �� "" �, rc r " �a� dv 1 r x, �� 1.2`45'4 ' `�:[J`°�i �4T3S46,4�:' u• p �a:;m TOWN OF SOUTHOLD VENDOR 019624 STEWART TITLE INSURANCE CO. 12/19/2011 CHECK 112458 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2 .000. 000 TBR626 121911 PINDAR-PRTL CK.DSBRSMNT 16, 000.00 TOTAL 16, 000 . 00 m � awl o w 3 s .' 4 M Ur�N p1A 0 9 RN _. Alr a1)1, fig' F40kK�A �ty`EYNAvsKitN�r, - � OU 7 ° - i UO OQ .--. .1'?I ALD 1, I) QO f 104. 3LZ .S 'f .,3 ., bio 3IEVIiSI7� 19 C \ i ��°..�� "�,�"l'�USBj�'"""i:C)� �4�3`5.►�6�,�;""•63` t3��f3t��; �,'�h' .,,.��„ ��, "��., . " �,r� �; PGIVEN Invoice A S S O C I A T E S Date Invoice# • 548 Route 111 / PO Box 5305 4/30/2007 292 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATE7LLC File No. Terms 2007183 Due upon Receipt Description Amount Appraisal of Real Property of Pindar Vineyards, LLC Located 2,600.00 18625 Main Road Mattituck, NY • S.C.T.M. #1000-108-4-1.1 _) V I, ail M AY 2 2007 FDT J c 1 Thank you for your continued business. Balance Due $2,600.00 EGIVEN TOWN OF SOUTHOLD '214° ,�;, 53095 MAIN ROAD t". SOUTHOLD, NEWYORK 11971-0959 AUDIT 5/22 0911$. NO. ,1, i;� . . - curavaoug urvax DATE CHECK N4.` - AMOUNT 05/22/2007 91181' X8,600. 00 EIZ3HT�' iIFIL1JLJS` ND SIX HUNDRED AND 00/100 DOLLARS - FO {'�x�l.. IySOCIA`�ES LLC FI jFAVGE NY 11'7$$-0306 11.0911& 1110 1:0 214054641: 63 000004 0110 --L-ai & *CCOx 5.# iNv6IeE HE5aXTr 0N --fin�ooT7T— i H3 . 8660 .2 . 500 .200 16910 286 APPRAISAL-PFEI H3 . 8660 .2 . 500 .200 16911 292 APPRAISAL-PINDAR �2, 60�0O9�) H3 . 8660 .2 . 500 .200 16912 293 AAP1�AI8A�"SES' 0 TOTAL 8, 600 .00 • GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 ** Actual Hi . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . . Vendor. . 007416 GIVEN ASSOCIATES LL : W-05222007-164 Line : 140 Formula: 0 Y=Select : Account. . H3 . 600 JE Date Trx. Date Fund Account : Acct Desc ACCOUNTS PAYABLE -- ----- Use Acti : Trx Date. . . . . 5/22/2007 SLIT 5/18/07 1/30/2007 1/30/2007 H3 . 600 : Trx Amount. . . 2 , 600 . 00 2/27/2007 2/27/2007 H3 . 600Description. . APPRAISAL-PINDAR 3/13/2007 3/13/2007 H3 . 600 : Vendor Code. . 007416 Pay Method: 3/13/2007 3/13/2007 H3 . 600 : Vendor Name. . GIVEN ASSOCIATES LLC 3/27/2007 3/27/2007 H3 . 600 : Alt Vnd. . 5/22/2007 5/22/2007 H3 . 600 : CHECK. . . . . . . . 91181 SCNB Y, 5/22/2007 5/22/2007 H3 . 600 : Invoice Code. 292 5/22/2007 5/22/2007 H3 . 600 : VOUCHER. . . . . . 7/31/2007 7/31/2007 H2 . 600 : P.O. Code . . . . 16911 7/31/2007 7/31/2007 H2 . 600 : Project Code. 8/14/2007 8/14/2007 H2 . 600 : Final Payment F Liquid. 9/25/2007 9/25/2007 H2 . 600 : Type of 1099 . M BOX. 07 Addl . „ 10/09/2007 10/09/2007 A . 600 : Fixed Asset. . Y 10/23/2007 10/23/2007 H2 . 600 : Date Released 5/22/2007 „ 12/18/2007 12/18/2007 H2 . 600 : Date Cleared. 6/30/2008 ---- ---- Use Acti : F3=Exit F12=Cancel F2-Shift Up F3-Exit F10-Prev View �lect Record(s) or Use Action Code : . . . F, G I V E N Invoice • A S S O C I A T E S Date Invoice# 548 Route 111, Suite 200 4/19/2011 1009 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC File No. Terms 2011127 Due upon Receipt Description Amount Appraisal of Real Property of Pindar Vineyards, LLC Located 18625 Main Road, Mattituck, NY • S.C.T.M. #1000-108-4-1.1 2,000.00 EEPL 5 2011 FLAND RVATI • Thank you for your continued business. Balance Due $2,000.00 TOWN OF SOUTHOLD • VENDOR 007416 GIVEN ASSOCIATES LLC 05/10/2011 CHECK 109960 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 22672 1009 2011127-PINDAR VINYARD 2, 000.00 TOTAL 2,000.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 ** Actual Hi . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . . Vendor. . 007416 GIVEN ASSOCIATES LL : W-05102011-884 Line: 98 Formula: 0 Y=Select : Account. . H3 . 600 JE Date Trx. Date Fund Account : Acct Desc ACCOUNTS PAYABLE ------------------------- Use Acti : Trx Date. . . . . 5/10/2011 SDT 5/06/11 12/14/2010 12/14/2010 H3 . 600 : Trx Amount. . . 2 , 000 . 00 1/04/2011 1/04/2011 A . 600 : Description. . 2011127-PINDAR VINYARD 1/18/2011 1/18/2011 H3 . 600 : Vendor Code. . 007416 Pay Method: 4/12/2011 4/12/2011 H3 . 600 : Vendor Name . . GIVEN ASSOCIATES LLC Y, 5/10/2011 5/10/2011 H3 . 600 : Alt Vnd. . 10/11/2011 10/11/2011 H3 . 600 : CHECK. . . . . . . . 109960 SCNB : Invoice Code. 1009 : VOUCHER. . . . . . • : P.O. Code. . . . 22672 : Project Code. : Final Payment F Liquid. : Type of 1099 . M BOX. 07 Addl . : Fixed Asset. . Y : Date Released 5/10/2011 : Date Cleared. 5/31/2011 -------------------------------- E : F3=Exit F12=Cancel F2-Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : -«w► - - . � r--air . � ,, „ -' '., -+W^ ��tlwil►+� w-, -Wim` "`�w�M�•�wNw:`u�s•...-why- '. +uw '-wl�^ ++�•+way- ma .w -*eie�.^ati�.^,�►.°^rNM.•.,�y�.�'w� •, ^.« � . -«�nw :,z .-r�,,-�►, .- -Arm -�+ --rt�a- -�4iw--+�W►-wIHw--+�^ '-wa ,��eri. �.�,. ,r � mow. ^+oUar-'fir"•�+' •+MLk�"` '•M1M�.r'W�W°"-'lh7i�:^' `�n� -^�^+t1�1► `+yY� .' " M .Sn,u.-.xyya..+ucF^ -'fit^ +'mSa- .•'�;*..-,y¢�,,• .'��-rs ' +t�sS�MA�- '�'-�& .�„•$+r' -.„h+^ "+"dad"'-w#M.. -.*`LL"p �px• ...yyY,� ++dbw rq'�vr '."y�yW i'kd'w.'VM" '+;16r"' ''y+ad"i`�f` `+�.+►'�`tl�►Y!"{1!+ 'va*' ;"�" "�'..-�e3m:.. '+�.t�^' y,L'I�ra✓_.�e.'aY.N'..�A4s�• y a. j..y�j,.- �}'S", �f3ar G} 3i�u 4 N�-�+Nan�1 - • .WHw. '�-EX`11�"` �'W' .^S" 'ai#OWer'� fpm.- 31 sryb!, JOHN C. EHLERS STATEMENT 6 East Main Street Riverhead, NY 11901 DATE INVOICE# 11/23/2011 .rft;ZA Town of Southold Dept. of Land Preservation Town Hall Annex Southold,NY 11971 TEL: 516-369-8288 FAX: 516-369-8287 TAX MAP NUMBER MY JOB NUMBER 1000-108-4-1.1 98-224 DATE DESCRIPTION CHARGES BALANCE 11/23/2011 Survey work for Survey for development rights purchase by the 1,500.00 1,500.00 Town of Southold PINDAR VINEYARDS LLC • ` I r - - ori 1 nF t;1r10 PLEASE MAKE YOUR CHECK PAYABLE EO JOHN C. EHLERS Total $1,500.00 • E-mail Web Site jesurvey@optonline.net longislandlandsurveyor.com TOWN OF SOU7HOLD VENDOR 005322 JOHN C. EHLERS 12/06/2011 CHECK 112363 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 22668 2007242 INST SILL SURVEY MONUMNT 100.00 H3 .8660.2.600.100 23462 98-224 SURVEY-PINDAR VINEYARDS 1, 500 .00 TOTAL 1,600.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 ** Actual Hi . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . . Vendor. . 005322 EHLERS/JOHN C. : W-12062011-883 Line: 92 Formula: 0 Y=Select : Account. . H3 . 600 JE Date Trx. Date Fund Account : Acct Desc ACCOUNTS PAYABLE ------------------------- Use Acti : Trx Date. . . . . 12/06/2011 SDT 12/06/11 12/19/2006 12/19/2006 H3 . 600 : Trx Amount. . . 1, 500 . 00 3/13/2007 3/13/2007 H3 . 600 : Description. . SURVEY-PINDAR VINEYARDS 5/08/2007 5/08/2007 H2 . 600 : Vendor Code. . 005322 Pay Method: 7/03/2007 7/03/2007 H2 . 600 : Vendor Name. . EHLERS/JOHN C. 9/11/2007 9/11/2007 H2 . 600 : Alt Vnd. . li . 4/08/2008 4/08/2008 H3 . 600 : CHECK. . . . . . . . 112363 SCNB 6/03/2008 6/03/2008 H3 . 600 : Invoice Code . 98-224 11/18/2008 11/18/2008 H3 . 600 : VOUCHER. . . . . . 12/16/2008 12/16/2008 H3 . 600 : P.O. Code. . . . 23462 12/15/2009 12/15/2009 H3 . 600 : Project Code. 2/15/2011 2/15/2011 H3 . 600 : Final Payment F Liquid. 7/05/2011 7/05/2011 H3 . 600 : Type of 1099 . M BOX. 07 Addl. 9/27/2011 9/27/2011 H3 . 600 : Fixed Asset. . Y 12/06/2011 12/06/2011 H3 . 600 : Date Released 12/06/2011 Y, 12/06/2011 12/06/2011 H3 . 600 : Date Cleared. 12/31/2011 -------------------------- E : F3=Exit F12=Cancel F2-Shift Up F3=Exit F10=Prev View CANNOT FORWARD. END OF FILE : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : THE ORIGINAL CHLCK HAS A COLORED WATERMARK PAPER -+ppw'�wft+'�d�" �i^+wAW *agyy►-�WM.�y�, '- •_• -�SY�..a�--YUs... - „��•.a.� -dam ywiYr�. •imus».. ' •.,�.,�. , „, •, • _ ,o`•..�•.�i�°• ' _q!_!4r-vit►•�sir k -.aw►-+ed�:..�g6Y..•+W�-W�• r- - -wls'�•+�yr, �^ ,•, �rfnw6WW+i11►•- -"�tl+�1u ^ I 'y�'...'wJN' ^ri�•:w�'�^etY+' -�xW�-"98�- wib►' -^tea- -+ ^' �a.�..•'�aw : "�dio, ,` `,.,�y,,rltia - ,�y,.•�+".+�y�„ ,, -�+is^ -+ ., ^atdrw, . .^iy�'.+,�y^-.Wbw'�."�pl�. '-•*HItR-• - a•.as �N1�' .•+N.��` - .��y►�c' •^�:1�^^•�a�+ ..> :.-*�*• ,.' •. .:mow••�aY"�t3.+�' ^... ..�a.�",� Ci.P+ *tl.'�9u�.-, �•�!x„d+y�=.).��atea.,.�'r.+�Y'..�"..'�y "k, '� c'3�• —`fS7Z+y...,µ�{i'- ..*fir^. " '^-'°+7mM*'^alEbau.'.�s�C""r+v.�' .� , , .,.yay:. 7�""`W,D'N"- ..T' '.� "4M' - -".�«.' r.'R•� ' "'R.' '+.r"' , '+ty y .'ems.”""'gRhtgY Invoice Nelson Pope&Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 • (631)427-5665 October 14, 2011 Melissa Spiro Project No: V1 1X1 10.001.000 Invoice No: 8600 Town of Southold Dept of Land Presery Project Manager Steven McGinn Town Hall 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Project V1 1X1 10.001.000 18625 Main Road, Mattituck Professional Services Phase SA Site Audit Task 1300 Phase lESA Contract dated September 1, 2011: Item 1. Prepare Phase I Environmental Site Assessment Fee Total Fee 1,000.00 Percent Complete 100.00 Total Earned 1,000.00 Previous Fee Billing 0.00 Current Fee Billing 1,000.00 • Total Fee 1,000.00 Total this Task $1,000.00 Total this Phase $1,000.00 Total this Invoice $1,000.00 MLAIMD • All invoices are due net 30 days. A late charge of 1%per month will be added to any unpaid balance after 30 days. TOWN OF SOUTHOLD • VENDOR 014161 NELSON, POPE & VOORHIS, LLC 11/09/2011 CHECK 112143 FUND & ACCOUNT P.OA INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 22681 8600 PHS 1 ESA-PINDAR VNYRD 1,000.00 TOTAL 1,000.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry b Vendor Name View 1 ** Actual Hi y y Vendor. . 014161 NELSON, POPE & VOOR : W-11092011-659 Line: 209 Formula: 0 Y=Select : Account. . H3 . 600 - JE Date Trx- Date Fund Account : Acct Desc ACCOUNTS PAYABLE ------------------------- Use Acti : Trx Date. . . . . 11/09/2011 SDT 11/07/11 Y, 11/09/2011 11/09/2011 H3 600 : Trx Amount. . . 1, 000 . 00 : Description. . PHS 1 ESA-PINDAR VNYRD : Vendor Code. . 014161 Pay Method: : Vendor Name. . NELSON, POPE & VOORHIS, : Alt Vnd. . : CHECK. . . . . . . . 112143 SCNB : Invoice Code. 8600 : VOUCHER. . . . . . • : P.O. Code. . . . 22681 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl . : Fixed Asset. . Y : Date Released 11/09/2011 : Date Cleared. 11/30/2011 --------------------------- E : F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . : 111 11 Ili IMF O'NZ;00i MW '. -�Ilw^ ^•�Wat�• fir• •' ^++� '^,�y�.�#+^•K�1�••,+ `-«�1� +• ,• 4aa>�,+;�,�.., •�z+� Ni--cw•Ili ' _^rOO-•. �.-.WWr� °. "^.•, ,.• :� - `"' " *�r�-.,may.. �.. - �Sa+-�nkrw'.•,w �' w .;,�*^•+p,�w- • -^iklb+••NEa�`•a%iM-`+�w•°^ *- - -'wle'- °•d+�i►...'f�--"tldar-�YM�'^+MiY• +r�Y ubb , W I . �wi f": -.nr � -""idir �4�•.�t'i��%i� '+-+ •+k9M�•�m.�- -+dG+w rifl+w-w,i�n . •+nii�- ' "' o- Leda aas recw.` -' ' .'^^ "w7X+' «+3�^aa -°a4GW' `q '°��#�.•-,yEsA'.'"yy` '.*�-` ' vmtN•' '1v..'y �,yr 9+• ...yyiyp...tyyb+,`..Flf>�'twin'+'. `. - "{j�,gz.'. .. .y�ge.mac^ •� .• 'e '+'." 9a" j.'- _ '. ,^ ,�}��^'• 9b^ ^ `i61r ^nhrtm .�''-x�pc. u�+".. •„�,�' .n�;,h,�,pk4�. °. '-. . '. '3*' ..,,�g,.'. yl„' `yam '' ,�q"�!r 4f11+• dpi ^Miiia...�sa'^r" +^" ' b�”' •�x�llw' " ""U'!?•r• _ Q° • STEWART TITLE INSURANCE COMPANY 707 Westchester Avenue, Suite 411, White Plains, New York 10604 Phone: q 800-433-4698 or 914-993-9393 Faw 914-997-1698 Title No. 5T11-1,7,359 Date 1g)19111 ..yy FEE INSURANCE COVERAGE �p�� PREMIUM $ 313, FAIR MARKET VALUE RIDER (Optional) PREMIUM AJJIJ MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX(Mortgagee) MORTGAGE TAX(Mortgagor) COMMUNITY PRESERVATION FUND • SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE RANKRUPTCYSEARCH NYS SALES TAX ON DEPARTMENTALIMUNICIPAL SEARCHES RECORDING FEES: )SATISFACTION(S) ( )MORTGAGE(S) ( )CONSOLIDATION,EXTENSION&MODIFICATION AGREEMENT(S) ( )MORTGAGE AFFIDAVIT(S) ( )ASSIGNMENT(S) C I) pZ75.0d TOTAL CHARGES $ J CLOSER CHARGES,IF ANY: PICK-UP FEE OTHER: PATRICIA L. FALLON • Title Closer TOWN OF SOUTHOLD • VENDOR 019624 STEWART TITLE INSURANCE CO. 12/1.9/2011 CHECK 112457 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT ''. H2 .8686.2 . 000. 000 ST11-12359 PINDAR—RECORDING EASE. 275. 00 H2 . 8686 .2 . 000. 000 ST11-12359 PINDAR—CERT.CPY REC ESMN 50. 00 H2 . 8686 . 2 . 000. 000 THR626 ST11-12359 PINDAR—TITLE INS POLICY 5, 313 . 00 TOTAL 5, 638 . 00 4 . 'A�x3tS i�v t f�Q.rcr. .ak tk . i' Y tr h • ' 0 n a �i4 aAN�u�'1 V��* ^�4'^ ✓T� i �' • ulirpy,`\ a *s'` � ,{�},(� RL! S{,�I1uuWW'nR' x �6^NMTi tI s„,} xS6C ar urn,^zm e 'Md» v ndti4' �m{ w,yr I� 4yr a °�wu�hI, - &�`rvA3 *+Kx, v mm _ r•'7 v "ri �� kmtiw,"_ a".`,. .( 1.- aN3'«b 9'e eft rg mk` r jT aln } {,�I r;M i 'f' i �IC. rid ,m x i rhyx� - rw r4wn " dit,m' : 4. -ems: Fu a uw a "^ Y r 1 WSW b e 'I 2'fr y PI r 3. ju d I,. I.n r i .,v. - >,, i i4a ck` 3a - v v � -aYid �ii I 5..u1�" ^ ii1 y✓"s21�' i y iif'' 3S ,,,,\M n.n� v mM xv � �•.e.` v. r H,= -u,. � -.,'7a ezv � `a"✓s ` 4=ow `�a: O vi�v�n \r ry". ��_ �� a��..l'�4�5 �r �i:D 2 `L 4'L3`54�44��6`�3 -I3IJfl1� �`;%C��i►�..�\�w�� ,q\�, ,��r.� �`�\ �„r\�\a�� TOWN OF SO UTHOLD ` • VENDOR 019624 STEWART TITLE INSURANCE CO. 12/20/2011 CHECK 112572 FUND & ACCOUNT P.D.# INVOICE DESCRIPTION AMOUNT H2 .8686.2 .000.000 TBR626 ST11-12359(A) PINDAR RECORD C & R'S 275.00 TOTAL 275.00 Tau. THE ORIGINAL CHECK HAS A COLORED L BACKGROUND, e ^ 1 yv R '6' ��++4'q �s"' �R`'n �.�. '^'s. c rya$N it % 43"w' "+" •��fi `C170l J- m TOWN OF SOUTHOLD • VENDOR 006013 PATRICIA FALLON 12/19/2011 CHECK 112455 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2 . 000.000 THR626 ST11-12359 TITLE CLSR FEE-PINDAR 100 . 00 TOTAL 100 . 00 fl Ri X11 7 THE ORIGINAL CHECK HAS A A—mr n.. 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Pres $0 . 00 NO Fees Paid $231 .25 TRANSFER TAX NUMBER: 11-12687 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ❑i ❑2 Number of pages FEi! pFq . .. -_ _:4s. Fr, • „i -Th P. FHLE L Mk FF This document will be public , „rlT record. Please remove all Social Security Numbers F i ;,_ prior to recording. I T# =i i= Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee , Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 S Sub Total Notation Spec./Assit. /�� W or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX _ R.P.T.S.A. Dual Town_Dual County_ Held for Appointn[ nr�p Comm.of Ed. 5. 00 � �� Transfer Tax AffidavitMansion Tax �3 I The property covered by this mortgage is Certified C y or will be improved by a one or two NYS Surcharge 15. 00 Sub Total � � family dwelling only. Other YES or NO Grand Total rj If NO,see appropriate tax clause on • page# of this instrument — l i000 ioeoo onoo ooiooa 4 Dist./�r� 5 Community Preservation Fund PTS Real Property R CWH q Consideration Amount $ a Tax Service 12JAN-1 p Agency /Gt CPF Tax Due $ Verification 6 Satisfactions/Dischazges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land 06cANi� boeagcl -rOulAJ eA- Sou-nte+.7 - IANO P''5EevA7-1eel TO �D. Box �t79 TO Souruoco/ A.1Y //97/ ' TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 ICo.Name ,S7zz✓A<e 7—,rtc www.suffolkcountyny.gov/clerk Title# 5T1/- 8 Suffolk County Recording & Endorsement Page This page forms part of the attached 6-4AT 0E bEV1E1J1-1)7 U7 b,,tVTS ,�,4�Ery ;u made by: /' (SPECIFY TYPE OF INSTRUMENT) Pan/oa>r k/1'V The premises herein is situated in • SUFFOLK COUNTY,NEW YORK. PATO In the TOWN of S//I Ulnh(p t1) .0 dF Ydu Tbt&jj 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 _lL day of December, 2011 at Southold, New York. The parties are PINDAR VINEYARDS, LLC, Dr. Herodotus Damianos, as Managing Member, 591A Bicycle Path, Port Jefferson Station, New York 11776 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-108-4-1.1 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 prepared by John C. Ehlers Land Surveyor on November 1, 2011, last revised November 21, 2011 (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 and R-40 Zoning Districts 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 row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, • open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; . NOW THEREFORE, in consideration of ONE MILLION TWO HUNDRED TWENTY THOUSAND and 00/100 DOLLARS ($1,220,000.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. • i 2 The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, as set forth in Stewart Title Insurance Company Title Report No. ST 11-12359 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental 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 3 • §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated November 1, 2011 last revised November 21, 2011 prepared by John C. Ehlers Land Surveyor and a Phase 1 Environmental Site Assessment dated October 25, 2011 prepared by Nelson, Pope and Voorhis, LLC. • Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. 4 • ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement' or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as • said Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"). No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including • without limitation fencing to keep out predator animals, including deer. 5 Illi • 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 remain as a good and valid easement, separate and apart from any other interest of the Grantee, and is to remain and continue as an existing and enforceable easement, and 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, q successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION TWO HUNDRED TWENTY THOUSAND and 00/100 DOLLARS ($1,220,000.00) 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: 6 • 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 Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Minina 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. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed, or constructed on the Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes of erosion control and soil management only with the prior written approval of Grantee. Any agricultural production activities as defined herein and determined to be acceptable agricultural practice in • accordance with a Natural Resources Conservation Plan (NRCS) farm management plan shall not be prohibited. The Land Preservation Committee has the right to require a NRCS plan for the property prior to the removal of topsoil based upon the extent and type of removal of topsoil. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. 'Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Such subdivision may not defeat nor derogate from the purpose of this Easement or • other applicable law. 7 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 Sians The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town 8 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 Agriculture and Markets Law, 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, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. • 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights • The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor 9 • hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession • Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use 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 access from the Reserve Area shown on the Survey to the Main Road/ State Route 25. 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. 10 • These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Production and Activities 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 §301(2)(a)-(j) of the Agriculture and Markets Law, 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 restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 1i II . 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant • to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Notwithstanding anything to the contrary contained in this Easement, lot coverage shall be limited to twenty (20) percent. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage • resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to 12 • 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, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, and that the provisions hereof shall not affect Grantee's right hereunder or the validity of this Easement. 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 13 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Abandonment of Agricultural Use If Grantor leaves the Property open and follow and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement an NRCS Plan (the "Plan") approved by the Land Preservation Committee. Grantor shall provide Grantee reasonable opportunity to initiate agricultural production or prepare the Property for agricultural production. Following the failure by the 14 • Grantee to reasonably comply after the completion of one growing season, Grantee shall have the right to enter the Property and restore, prepare and maintain the Property for future commercial agricultural use in order to protect the environmental, natural, scenic and agricultural values of the Property and to insure the Property remains viable for agricultural production. In the event Grantor fails to comply with the provisions of this section after the completion of one growing season, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that • will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 15 • 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts • to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (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. 16 • The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. 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 the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this • Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property 17 • 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, in accordance with Section 7.11 herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment • This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 18 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner. 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 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 19 • 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall 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. • 20 • 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, as reflected in an appraisal obtained by Grantee dated April 18, 2011 (valuation date 4/12/11). The Proportionate Share is 64%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section • 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PINDAR VINEY RD , L.,C, Grantor BY: ", Dr. Herodotus Damianos, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Sc tt A. Russell, Supervisor • 21 • State of New York ) County of 2d L K ) ss: On the_ day of December in the year 2011 before me, the undersigned, personally appeared Dr. Herodotus Damianos, 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 (ies), 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. �y Signature/office of individual taking acknowledgement PATRICIA L. FALLON State of New York ) Notary Public, State Of New York No. County of Suffolk ) ss: 01 F Qualified In Suffolk 46 County Commission Expires April 24, ;�QlS On this /Y day of December in the year 2011 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(ies), 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. Q Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, • 22 SURVEY OF PROPERTY SITUATE: MATTITUGK TOWN OF SOUTHOLD SUFFOLK COUNTY, NY N slravereo NW 10l • P� Rv,Oe,NOVwv 2 30 11F R15ED I:o1 ]o W E JJFFOLK LGMir 4 a IOpO 100 S �� amue:mewux�u OA ✓ r .:renes „ al —T.416 §a5 Q! I YS &°y p N 5 gs s i A Scale: "= 50' ,a g, ' o �� _3MO0• -v _. 4 IO4MC'.P}YP SLANn SI@VEYOH SCHEDULE A DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest comer of land of New York State(Recharge Area)and the southeast comer of the Reserve Area described herein; said point being also distant 1,190-L feet westerly as measured along the northerly side of Main Road (State Route 25)from the corner formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road(State Route 25); RUNNING THENCE along the northerly side of Main Road(State Route 25)South 76 degrees 45 minutes 37 seconds West,244.00 feet to the division line between Reserve Area and land now or formerly of Edward F. Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2) courses and distances: 1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet; 2. North 36 degrees 09 minutes 45 seconds West, 212.49 feet to the true point or place of BEGINNING. THENCE along the division line between Development Rights Easement Area to be described and land now or formerly of Henry Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45 seconds West, 2,460.44 feet to land now or formerly of the Long Island Rail Road; THENCE along said land North 46 degrees 14 minutes 21 seconds East, 336.89 feet to a rail road monument and land shown on Map of Elijah's Lane Estates, Section 3, filed 10/8/1996 as Map No. 9913; THENCE along said land and land shown on Map of Elijah's Lane Estates, Section 2,filed 10/8/1996 as Map No. 9912 the following six(6) courses and distances: 1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East, 423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East, 492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East, 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East, 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East,230.27 feet to a point; THENCE South 52 degrees 23 minutes 05 seconds West, 375.31 feet to the true point or place of BEGINNING. c • o v E N A N T S � R E S T R I C T I O N � S i I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/25/2012 Number of Pages : 7 At: 03 : 45:29 PM Receipt Number : 12-0009057 LIBER: D00012683 PAGE : 181 District: Section: Block: Lot: 1000 108 . 00 04 .00 001 . 003 EXAMINED AND CHARGED AS FOLLOWS #)Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 .00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $0 . 00 NO RPT $50 . 00 NO Fees Paid $125 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County FTR Number of pages REi nRC+EG 7012 Jan 25 -,:45:, F111 • Ti_rTTH B. F'P�ll E This document will be public Cl of record. Please remove all SU SFR n k: 'U UUT','L o nlru2 2 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. L Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. EA-52 17(County) Sub Total or Spec./Add._ EA-5217(State) TOT.MTG.TAX Dual Town_Dual County— Held Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit `�7�� :y_ �� Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 na family dwelling only. Other Sub Total YES or NO • f Grand Total r If see appropriate tax clause on pagege## of[his instrument. 4 Dish 1000 10800 0400 001003 1000 10800 0400 001004 )_I 5 Community Preservation Fund RTSA Real Property R CWH 1 Consideration Amount $ Tax Service 12JAH 1 Agency C( CPF Tax Due $ Verification Improved 6 Satisfactions/DischazgesBeleases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TwN of JOGL 7�°� - 7N0 /P6EfvArov TD 10,p , Bax //79 TD Soul-yek0, A/'V /t 77/ TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information ww Center Drive, Riverhead,l( NY 11901 o.Name ,J7€Wtl 4r 77i s wwwsuffolkcountyny.gov/clerk Titley Y7-//-/ 8 Suffolk County Recording & Endorsement Page This page forms part of the attached 16-�CLA.e4770t1 of 22I067x/gNTs 4-NO AS T.F!>i made by: pp (SPECIFY TYPE OF INSTRUMENT) Yi GlDF},P �.t/Ey.4.edS 1. The premises herein is situated in • SUFFOLK COUNTY,NEW YORK. �+ TO In the TOWN of se u n4il T W.V In the VILLAGE or HAMLET of /7)4 r77 TLlCt- BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING asa.mxoe¢x (over) DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this PUclay of December, 2011, by PINDAR VINEYARDS LLC, Herodotus Damianos, Managing Member, 591A Bicycle Path, Port Jefferson Station, New York 11776 hereinafter referred to as the "DECLARANT"; as owner of the premises designated as SCTM #1000-108-4-1.1 and shown on a survey prepared by John C. Ehlers Land Surveyor dated November 1, 2011 and last revised November 21, 2011, described in the metes and bounds description attached as Schedule "A", and portions of which are separately described as the "Reserve Parcel" in the metes and bounds description attached as Schedule "B" and the "Development Rights Easement Area" described in the metes and bounds descriptions attached as Schedule "C", all of which are made a part hereof. WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 18625 (Route 25), Mattituck, New York, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, the DECLARANT has granted to Town of Southold (the "Town") • a Grant of Development Rights Easement dated December 19, 2011 over a part of SCTM #1000-108-4-1.1, designated as the "Development Rights Easement Area"; and WHEREAS, another portion of SCTM #1000-108-4-1.1 has been designated by the DECLARANT and the Town Board of the Town of Southold (the "Town Board") and the Town Land Preservation Committee ("LPC") as a "Reserve Parcel" for possible future development, in accordance with applicable zoning regulations; and WHEREAS, the DECLARANT and the Town Board recognize the necessity of insuring access to and from the Development Rights Easement Area to and from the Main Road; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board has deemed it in the best interests of the Town of Southold (the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and • WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT shall provide a 25' wide right of way for access to and from the Development Rights Easement Area over the Reserve Parcel, to and from Main Road (S.R. 25). Said access shall exist in perpetuity, regardless of whether the Reserve Area is ever subdivided from the remainder of the property. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by DECLARANT or any subsequent owners of the premises unless and until approved by the LPC, and by a majority plus one vote of the Town Board and the Planning Board, or their legal successors, following a public hearing. Notwithstanding the above, no amendment, modification or other change shall be granted to permit the construction or creation of more than one single-family dwelling on the Reserve Area. 2 • IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: PINDAR VINEYARDS LC By; Herodotus Damianos, Managing Member STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the _jy_ day of December in the year 2011 before me, the undersigned, personally appeared Herodotus Damianos, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are • subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. Sworn to before me this -Zy-n day of December, 2011 Notary Public PATRICIA L. FALLON Notary Public, State Of New York No, 01FA4950146 Qualified In Suffolk County Commission Expires April 24, ouf'� 3 SCHEDULE A • COMPOSITE DESCRIPTION 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,bounded and described as follows; BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest corner of land of New York State(Recharge Area)and the southeast corner of the premises about to be described herein;said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road(State Route 25); RUNNING THENCE from said point or place of beginning along the northerly side of Main Road (State Route 25)South 76 degrees 45 minutes 37 seconds West,244.00 feet to land now or formerly of Edward F. Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: 1.North 34 degrees 24 minutes 53 seconds West, 325.00 feet; 2.North 36 degrees 09 minutes 45 seconds West,2,672.93 feet to land now or formerly of the Long Island Rail Road; THENCE along said land North 46 degrees 14 minutes 21 seconds East,336.89 feet to a rail road monument and land shown on Map of Elijah's Lane Estates, Section 3,filed 10/8/1996 as Map No. 9913; • THENCE along said land and land shown on Map of Elijah's Lane Estates,Section 2,filed 10/8/1996 as Map No.9912 the following eight(8)courses and distances: 1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East,423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East,492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East,643.60 feet; S. South 37 degrees 02 minutes 50 seconds East,566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East,297.63 feet; 7. South 36 degrees 32 minutes 50 seconds East, 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State (Recharge Area); THENCE along said land the following two(2)courses and distances: 1. South 51 degrees 30 minutes 17 seconds West, 170.98 feet; 2. South 36 degrees 49 minutes 33 seconds East, 303.55 feet to the northerly side of Main Road(State Route 25),the point or place of BEGINNING. • 3 SCHEDULE B • RESERVE 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, bounded and described as follows; BEGINNING at a point on the northerly side of Main Road(State Route 25) where the same is intersected by the southwest corner of land of New York State(Recharge Area)and the southeast corner of the premises about to be described herein;said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road(State Route 25); RUNNING THENCE from said point or place of beginning along the northerly side of Main Road (State Route 25)South 76 degrees 45 minutes 37 seconds West,244.00 feet to land now or formerly of Edward F. Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2)courses and distances: 1.North 34 degrees 24 minutes 53 seconds West,325.00 feet; 2. North 36 degrees 09 minutes 45 seconds West,212.49 feet; THENCE North 52 degrees 23 minutes 05 seconds East,375.31 feet to land shown on Map of Elijah's Lane Estates,Section 2,filed 10/8/1996 as Map No. 9912; • THENCE along said land the following three(3)courses and distances: 1. South 37 degrees 36 minutes 50 seconds East,67.36 feet; 2. South 36 degrees 32 minutes 50 seconds East, 162.95 feet; 3. South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State (Recharge Area); THENCE along said land the following two(2)courses and distances: 1. South 51 degrees 30 minutes 17 seconds West, 170.98 feet; 2.South 36 degrees 49 minutes 33 seconds East,303.55 feet to the northerly side of Main Road(State Route 25),the point or place of BEGINNING. • 2 SCHEDULE C • DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot,piece or parcel of land, situate, lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest comer of land of New York State(Recharge Area)and the southeast corner of the Reserve Area described herein; said point being also distant 1,1901:feet westerly as measured along the northerly side of Main Road (State Route 25)from the comer formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road (State Route 25); RUNNING THENCE along the northerly side of Main Road(State Route 25)South 76 degrees 45 minutes 37 seconds West,244.00 feet to the division line between Reserve Area and land now or formerly of Edward F.Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two (2)courses and distances: 1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet; 2. North 36 degrees 09 minutes 45 seconds West,212.49 feet to the true point or place of BEGINNING. • THENCE along the division line between Development Rights Easement Area to be described and land now or formerly of Henry Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45 seconds West, 2,460.44 feet to land now or formerly of the Long Island Rail Road; THENCE along said land North 46 degrees 14 minutes 21 seconds East,336.89 feet to a rail road monument and land shown on Map of Elijah's Lane Estates, Section 3,filed 10/8/1996 as Map No. 9913; THENCE along said land and land shown on Map of Elijah's Lane Estates, Section 2,filed 10/8/1996 as Map No. 9912 the following six(6)courses and distances: 1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East,423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East,492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East, 643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East, 566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East,230.27 feet to a point; THENCE South 52 degrees 23 minutes 05 seconds West,375.31 feet to the true point or place of BEGINNING. • T � I T L E P O L I C Y • ALTA Owners Policy(6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Fstewart title insurance company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation,(the"Company")insures,as of Date 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. 5. The violation or enforcement 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. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: � n v PresWent 1� Stewart Title Insurance Company a New York, New York Secretary Pan t of Policy Sepal No. 0-8911-584295 If you want information about coverage or need assistance to resolve complaints,please call our toll free number: 1-800-433-0014. 8 you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at htfo7/www.StewartNewVork.com File No.: ST11-12359 • COVERED RISKS(Continued) 9. Tale being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (if) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy,state insolvency,or similar creditors'rights laws;or and prior to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs,attorneys'fees,and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy,but Known to the Insured Claimant and net disclosed expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy; those relating to building and zoning)restricting,regulating,prohibiting,or (c) resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy (however, this (i) the occupancy,use,or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk (ii) the character, dimensions, or location of any improvement 9 and 10);or erected on the Land; (e) resulting in loss or damage that would not have been sustained if (iii) the subdivision of land;or the Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency, or similar creditors' rights laws, that the transaction vesting regulations. This Exclusion 1(a)does not modify or limit the coverage provided the Title as shown in Schedule A,is under Covered Risk 5. (a) a fraudu)eM conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of modify or limit the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or hmit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy 3. Defects,liens,encumbrances,adverse claims,or other matters and the date of recording of the deed or other instrument of transfer in the (a) created,suffered,assumed,or agreed to by the Insured Claimant, Public Records that vests Title as shown in Schedule A. • CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes. (a) "Amount of Insurance": The amount stated in Schedule A, as (ii) With regard to(A),(B),(C),and(D)reserving,however,all may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company increased by Section 8(b),or decreased by Sections 10 and 11 would have had against any predecessor Insured. of these Conditions. (e) "Insured Claimara": An Insured claiming loss or damage. (b) "Date of Policy": The date designated as "Date of Policy" in (1) "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, test, limited liability reason of the Public Records or any other records that impart company,or other similar legal entity. comstmctive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The lard described in Schedule A, and affixed (i) The term"Insured"also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land" does net include any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, title, interest, devisees,survivors,personal representatives,or next estate,or easement in abutting streets, roads,avenues,alleys, of kin; lanes,ways,or waterways,but this does not modify or limit the (B) successors to an Insured by dissolution, merger, extent that a right of access to and from the Land is insured by consolidation,distribution,or reorganization; this policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of Entity; security instrument, including one evidenced by electronic (D) a grantee of an Insured under a deed delivered means authorized by Maw. without payment of actual valuable consideration (i) "Public Records": Records established under state statutes at conveying the Title Date of Policy for the purpose of imparting constructive notice of (1) if the stock,shares,memberships,or other equity matters relating to real property to purchasers for value and interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d), "Public named Insured, Records"shall also include environmental protection liens filed (2) if the grantee wholly owns the named Insured, in the records of the clerk of the United States District Court for (3) if the grantee is wholly-owned by an affiliated the district where the Land is located. Entity of the named Insured, provided the affiliated G) "Title": The estate or interest described in Schedule A. Entity and the named Insured are both wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent by the same person or Entity,or matter that would permit a prospective purchaser or lessee of (4) if the grantee is a trustee or beneficiary of a trust the Title or lender on the Title to be released from the obligation created by a written instrument established by the to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. Pae 2 Serial No.: o-8911-584295 File No.' ST11-12359 CONDITIONS(Continued) • 2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful in favor of an Insured, but only so long as the Insured retains an act that in the opinion of the Company may be necessary or estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title a any other matter as insured. If purchase money Mortgage given by a purchaser from the Insured,or the Company is prejudiced by the failure of the Insured to only so long as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any (i)an estate or interest in the Land,or(ii)an obligation secured by a litigation, with regard to the matter or matters requiring such purchase money Mortgage given to the Insured. cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the title or interest that is adverse to the Title,as insured,and that might Company, all records, in whatever medium maintained, cause loss or damage for which the Company may be liable by virtue including books,ledgers,checks,memoranda,correspondence, of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy,that reasonably pertain to the Insured Claimant to provide prompt notice,the Company's liability to loss or damage. Further, if requested by any authorized the Insured Gaimant under the policy shall be reduced to the extent representative of the Company,the Insured Claimant shall grant of the prejudice. its permission, in writing, for any authorized representative of the Company to examine,inspect,and copy all of these records 4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss to the loss or damage. All information designated as or damage,the Company may,at its option,require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Gaimant furnish a signed proof of loss. pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgment of the Company, it is necessary in other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Gaimant of loss or damage and shall state,to the extent possible,the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information,or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection,unless prohibited by law or govemmental regulation, (a) Upon written request by the Insured,and subject to the options shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions,the Company,at its to that claim. • own cost and without unreasonable delay,shall provide for the defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is limited to only those stated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company following additional options: shall have the right to select counsel of its choice(subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause)to represent or tender payment of the Amount of Insurance under this policy the Insured as to those stated causes of action. It shall not be together with any costs,attorneys'fees,and expenses incurred liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company Company will not pay any fees,costs,or expenses incurred by up to the time of payment or tender of payment and that the the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Conditions, at its own cost,to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle Wrth Parties Other Than the Insured damage to the Insured. The Company may take any or With the Insured Claimant. appropriate action under the terms of this policy,whether or not (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the subsection,it must do so diligently. Insured Clamant that were authorized by the Company up (c) Whenever the Company brags an action or asserts a defense to the time of payment and that the Company is obligated as required or permitted by this policy, the Company may to pay;or Pursue the litigation to a final determination by a court of (ii) To pay or otherwise settle with the Insured Gaimant the competent jurisdiction,and it expressly reserves the right, in its loss or damage provided for under this policy, together sole discretion,to appeal any adverse judgment or order. with any costs, attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company 6. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permits or requires the Company obligated to pay. to prosecute or provide for the defense of any action or Upon the exercise by the Company of either of the options proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss action or proceeding, including the right to use,at its option,the or damage, other than the payments required to be made,shall name of the Insured for this purpose. Whenever requested by terminate, including any liability or obligation to defend, the Company, the Insured, at the Company's expense, shall prosecute,or continue any litigation. • give the Company all reasonable aid (i) in securing evidence, Page 3 Serial No.: 68911-584295 File No.: ST11-12359 CONDITIONS(Continued) 6. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. If a payment on account of a claim does • This policy is a contract of indemnify against actual monetary loss or not fully cover the loss of the Insured Claimant, the Company damage sustained or incurred by the Insured Claimant who has shall defer the exercise of its right to recover until after the suffered loss or damage by reason of matters insured against by this Insured Claimant shall have recovered its loss. policy. (b) The Company's right of subrogation includes the rights of the (a) The extent of liability of the Company for loss or damage under Insured to indemnities, guaranties, other policies of insurance, this policy shall not exceed the lesser of or bonds, notwithstanding any terms or conditions contained in (i) the Amount of Insurance;or those instruments that address subrogation rights. (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured 14. ARBITRATION against by this policy. Either the Company or the Insured may demand that the claim or (b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title Conditions and is unsuccessful in establishing the Title, as Insurance Arbitration Rules of the American Land Title Association insured, ("Rules"). Except as provided in the Rules,there shall be no joinder (i) the Amount of Insurance shall be increased by 10%,and or consolidation with claims or controversies of other persons. (ii) the Insured Claimant shall have the right to have the loss Arbitrable matters may include,but are not limited to,any controversy or damage determined either as of the date the claim was or claim between the Company and the Insured arising out of or made by the Insured Claimant or as of the date it is settled relating to this policy,any service in connection with its issuance or and paid. the breach of a policy provision,or to any other controversy or claim (c) In addition to the extent of liability under (a) and (b), the arising out of the transaction giving rise to this policy. All arbitrable Company will also pay those costs, attorneys' fees, and matters when the Amount of Insurance is$2,000,000 or less shall be expenses incurred in accordance with Sections 5 and 7 of these arbitrated at the option of either the Company or the Insured. All Conditions. arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the 9. IJMITATION OF LIABILITY Company and the Insured. Arbitration pursuant to this policy and (a) If the Company establishes the Title, or removes the alleged under the Rules shall be binding upon the parties. Judgment upon defect, lien, or encumbrance, or cures the lack of a right of the award rendered by the Arbitrator(s) may be entered in any court access to or from the land,or cures the claim of Unmarketable of competent jurisdiction. Title, all as insured, in a reasonably diligent manner by any method,including litigation and the completion of any appeals,it 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE shall have fully performed its obligations with respect to that CONTRACT matter and shall not be liable for any loss or damage caused to (a) This policy together with all endorsements, If any,attached to it (b) Ian the e�of an Ih' by the Company is the entire policy and contract between the y litigation,including litigation by the Company Insured and the Company. In interpreting any provision of this or with the Company's consent, the Company shall have no policy,this policy shall be construed as a whole. liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction, and Title or by any action asserting such claim shall be restricted to • disposition of all appeals,adverse to the Title,as insured. this policy. (c) The Company shall not be liable for loss or damage to the (c) Any amendment of or endorsement to this policy must be in Insured for liability voluntarily assumed by the Insured in settling writing and authenticated by an authorized person, or expressly any claim or suit without the prior written consent of the incorporated by Schedule A of this policy. Company. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF provisions. Except as the endorsement expressly states, it LIABILITY does not(i)modify any of the terms and provisions of the policy, All payments under this policy, except payments made for costs, (ii)modify any prior endorsement,(iii)extend the Date of Policy, attorneys'fees,and expenses,shall reduce the Amount of Insurance or(iv)increase the Amount of Insurance. by the amount of the payment. 16. SEVERABILITY 11. LIABILITY NONCUMULATIVE In the event any provision of this policy, in whole or in part, is held The Amount of Insurance shall be reduced by any am0unt the invalid or unenforceable under applicable law, the policy shall be Company pays under any policy insuring a Mortgage to which deemed not to include that provision or such part held to be invalid, exception is taken in Schedule B or to which the Insured has agreed, but all other provisions shall remain in full force and effect. assumed,or taken subject,or which is execrated by an Insured after Date of Policy and which is a charge or lien on the Title, and the 17. CHOICE OF LAW;FORUM amount so paid shall be deemed a payment to the Insured under this (a) Choice of law. The Insured acknowledges the Company has policy. underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting 12. PAYMENT OF LOSS interests in real property and applicable to the interpretation, When liability and the extent of loss or damage have been definitely rights, remedies,or enforcement of policies of title insurance of fixed in accordance with these Conditions, the payment shall be the jurisdiction where the Land is located. made within 30 days. Therefore, the court or an arbitrator shall apply the law of the v jurisdiction where the Land is located to determine the validity of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to (a) Whenever the Company shall have settled and paid a claim interpret and enforce the terms of this policy. In neither case under this policy,it shall be subrogated and entitled to the rights shall the court or arbitrator apply its conflicts of law principles to of the Insured Claimant in the Title and all other rights and determine the applicable law. remedies in respect to the claim that the Insured Claimant has (c) Choice of Forum: Any litigation or other proceeding brought by against any person or property, to the extent of the amount of the Insured against the Company must be filed only in a state or any loss, costs, attorneys' fees, and expenses paid by the federal court within the United States of America or its territories Company. If requested by the Company,the Insured Claimant having appropriate jurisdiction. shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant 18. NOTICES,WHERE SENT shall permit the Company to sue,compromise, cr settle in the Any notice of claim and any other notice or statement in writing required to • name of the Insured Claimant and to use the name of the be given to the Company under this policy must to given to the Company at Insured Claimant in any transaction or litigation involving these Claims Department at 300 East 42'a St,101°Floor,New York,NY 10017. Pa e 4 Serial No.: 0-8911-584295 File No.: ST11-12359 STEWART TITLE • INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: STII-12359 Date of Issue: December 19,2011 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-584295 1. The following is added as a Covered Risk: "11. Any statutory lien for services,labor or materials furnished prior to the date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes,assessments,water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the 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 terns and provisions of the policy and of any prior endorsements. DATED: December 19,2011 STEWART TITLE INSURANCE tt�COMPANY Countersigned By: a 1987 ; -- e President Authorized Office or Agent Secretary Stewart Title Insurance Company 300 East 42nd St., 10th FI New York,New York 10017 STANDARD NEW YORK ENDORSEMENT(11/1/08) FOR USE WITH ALTA OWNER'S POLICY(6-17-06) i ALTA OWNER'S POLICY(6/17/06) SCHEDULE A File No.: ST11-12359 Policy No.: 0-8911-584295 Amount of $1,220,000.00 Insurance: Date of December 19,2011 Policy: 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Development Rights Easement 3. Title is vested in: Grant of Development Rights Easement made between Pindar Vineyard LLC to the Town of Southold dated 12/19/2011 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: iSee Schedule A Description, attached hereto and made a part hereof. Section: 108.00 Block: 04.00 Lot: 001.001 i ALTA OWNER'S POLICY(6/17/06) SCHEDULE A DESCRIPTION File No.: STII-12359 Policy No.: 0-8911-584295 DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot,piece or parcel of land, situate,lying and being at Mattituck,Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest corner of land of New York State(Recharge Area) and the southeast comer of the Reserve Area described herein; said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road(State Route 25)from the comer formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road (State Route 25); RUNNING THENCE along the northerly side of Main Road(State Route 25) South 76 degrees 45 minutes 37 seconds West, 244.00 feet to the division fine between Reserve Area and land now or formerly of Edward F. Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2) courses and distances: 1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet; 2. North 36 degrees 09 minutes 45 seconds West,212.49 feet to the true point or place of BEGINNING. • THENCE along the division line between Development Rights Easement Area to be described and land now or formerly of Henry Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45 seconds West, 2,460.44 feet to land now or formerly of the Long Island Rail Road; THENCE along said land North 46 degrees 14 minutes 21 seconds East,336.89 feet to a rail road monument and land shown on Map of Elijah's Lane Estates,Section 3,filed 10/8/1996 as Map No.9913; THENCE along said land and land shown on Map of Elijah's Lane Estates,Section 2,filed 10/8/1996 as Map No. 9912 the following six(6)courses and distances: 1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East,423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East,492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East,643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East,566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East,230.27 feet to a point; THENCE South 52 degrees 23 minutes 05 seconds West, 375.31 feet to the true point or place of BEGINNING. • ALTA OWNER'S POLICY(6/17/06) RESERVE 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,hounded and described as follows; BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest corner of land of New York State(Recharge Area) and the southeast corner of the premises about to be described herein; said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road (State Route 25); RUNNING THENCE from said point or place of beginning along the northerly side of Main Road(State Route 25) South 76 degrees 45 minutes 37 seconds West,244.00 feet to land now or formerly of Edward F. Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two (2) courses and distances: 1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet; 2. North 36 degrees 09 minutes 45 seconds West,212.49 feet; THENCE North 52 degrees 23 minutes 05 seconds East,375.31 feet to land shown on Map of Elijah's Lane Estates, Section 2,filed 10/8/1996 as Map No.9912; THENCE along said land the following three(3)courses and distances: • 1. South 37 degrees 36 minutes 50 seconds East,67.36 feet; 2. South 36 degrees 32 minutes 50 seconds East, 162.95 feet; 3.South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State(Recharge Area); THENCE along said land the following two(2)courses and distances: 1. South 51 degrees 30 minutes 17 seconds West, 170.98 feet; 2. South 36 degrees 49 minutes 33 seconds East, 303.55 feet to the northerly side of Main Road(State Route 25), the point or place of BEGINNING. • ALTA OWNER'S POLICY(6/17/06) COMPOSITE DESCRIPTION • 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 bounded and described as follows; BEGINNING at a point on the northerly side of Main Road(State Route 25)where the same is intersected by the southwest comer of land of New York State(Recharge Area) and the southeast corner of the premises about to be described herein; said point being also distant 1,190±feet westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road (State Route 25); RUNNING THENCE from said point or place of beginning along the northerly side of Main Road(State Route 25) South 76 degrees 45 minutes 37 seconds West,244.00 feet to land now or formerly of Edward F. Rutkoski; THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two(2) courses and distances: 1. North 34 degrees 24 minutes 53 seconds West,325.00 feet; 2. North 36 degrees 09 minutes 45 seconds West,2,672.93 feet to land now or formerly of the Long Island Rail Road; THENCE along said land North 46 degrees 14 minutes 21 seconds East,336.89 feet to a rail road monument and land shown on Map of Elijah's Lane Estates,Section 3,filed 10/8/1996 as Map No.9913; THENCE along said land and land shown on Map of Elijah's Lane Estates,Section 2,filed 10/8/1996 as Map No. 9912 the following eight(8) courses and distances: • 1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet; 2. South 36 degrees 31 minutes 50 seconds East,423.50 feet; 3. South 34 degrees 42 minutes 50 seconds East,492.40 feet; 4. South 38 degrees 31 minutes 50 seconds East,643.60 feet; 5. South 37 degrees 02 minutes 50 seconds East,566.37 feet; 6. South 37 degrees 36 minutes 50 seconds East,297.63 feet; 7. South 36 degrees 32 minutes 50 seconds East, 162.95 feet; 8. South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State (Recharge Area); THENCE along said land the following two(2)courses and distances: 1. South 51 degrees 30 minutes 17 seconds West, 170.98 feet; 2. South 36 degrees 49 minutes 33 seconds East,303.55 feet to the northerly side of Main Road(State Route 25), the point or place of BEGINNING. ALTA OWNER'S POLICY(6/17116) • SCHEDULE B PART [ File No.: STII-12359 Policy No.: 0-8911-584295 This policy does not insure against loss or damage(and the Company will not pay costs, attorneys' fees or expenses)that arise by reason of: 1. Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law as set forth in the deed made by Agnes B.Graboski to Pindar Vineyards LLC dated 8/30/1999 and recorded 9/9/1999 in Liber 11988, Cp. 152. Note: The life estate reserved in said deed has been extinguished pursuant to the fact that the holder of said life estate,Agnes Grabowski a/k/a Agnes Graboski died on 11/23/1999 a resident of Suffolk County, Index No. 2315P99 in the Suffolk County Surrogate's Court. 2. Terms,covenants,conditions,agreements and other matters as set forth in the Development Rights Easement Agreement made between Pindar Vineyard LLC to the Town of Southold gr y S old dated and recorded in Liber .Cp. (Instrument insured) 3. Survey Exceptions as to subject premises only as shown on survey(covering premises and more) made by John C. Ehlers Land Surveyor, last dated 11/21/2011 (Job No. 98-224D). • Northerly fine: No variations; Easterly line: Wire fencing up to 7.0 feet west of part of record line; Southerly fine: No variations; Westerly line: Tree lines vary with part of record line_ The owner may be out of possession to a strip of land having a maximum width of seven(7)feet lying east of easterly fencing. No lands out of possession are insured. 4. Rights of tenants or parties in possession, if any. • . ..... . ... . r..c . stewart titie FENCE AND BOUNDARY AFFIDAVIT Title No.: ST11-12359 STATE OF NEW YORK :ss.: COUNTY OF SUFFOLK: Stephen G. Stapon and Deborah Stapon,being duty swum, deposes and says. 1. That we are the owners of the premises known as 1865 Gabriella Court in the [cityfvitlage/town] of Mattituck, County of Suffolk, and State of New York, District 1000, Section 108, Block 4, Lot 7.54, and are the sole owners of said property(hereinafter`my/our properly"). 2. That the westerly boundary line of my/our property adjoins the easterly boundary line of the premises commonly known as 18625 Main Road , Mattituck, NY 11952 District 1000, Section 108.00, Block 04.00, Lot 001.001the"Premise ' ( s ). 3. That we have reviewed the annexed survey prepared by John C. Ehlers, land surveyor, dated • November 21, 2011, wherein it appears that a wire fence runs along or nearby the"common boundary line," but is situated up to seven(7)feet inside the Premises from the`common boundary line." 4. That I/w$ hprgj y 4Brpf1' that VWe 09M that tha "common boundary line" as depisdert in will snrvety is accurate and true; and that I/we make no claim for ownership now or in the future by adverse possession or otherwise to that portion of the land situate between the°common boundary line'and the fence on the Premises as set forth on the survey. 5. To the best of our knowledge said fence was erected by Pindar Vineyards. 6. That Uwe understand that Pindar Vineyards owns the Premises and have exclusive dominion and control over all of said Premises. 7. The undersigned hereby certify that the said fence is Pindar's personal property and may constitute an encumbrance on the ' Pindar" premises: We understand that Pindar rrmy, if they wish, remove the said fence. 8. That I/we make this affidavit in order to induce Stewart Title Insurance Company to issue its policy of title insurance covering the above mentioned Premises knowing that they will rely on the statements made herein and will indemnify and hold harmless Stewart Title Insurance Company for any loss, cost or damage including attomeys'fees which may incuras a result of doing so. I � stewart time p n G. Stapon Deborah S pon --� Swom.to before me this 15"'� day of December, 20 c ary P KA PNot"Pubk%ftR4823516. ak COM* Exp. December 11� q 12/13/2011 01:11 6317652752 RBRUER PAGE 02/02 stewan title FENCE AND BOUNDARY AFFIDAVIT Title No.: STI 1-12359 STATE OF NEW YORK COUNTY OF SUFFOLK: Gerard DeMarco and Theresa DeMarco, being duly sworn, deposes and says: 1. That we are the owners of the premises known as 2015 Gabriella Court in the [city/village/town] of Mattituck, County of Suffolk, and State of New York, District 1000, Section 108, Block 4, Lot 7.53, and are the sole owners of said property (hereinafter"my/our property"). 2. That the westerly boundary line of my/our property adjoins the easterly boundary line of the premises commonly known as 18625 Main Road , Mattituck, NY 11952 District 1000, Section 108.00, Block 04.00, Lot 001.001 (the'Premises"). 3. That we have reviewed the annexed survey prepared by John C. Ehlers, land surveyor, dated November 21, 2011, wherein it appears that a wire fence runs along or nearby the "common bounds line," but is situated no more than 3.125 feet inside the Premises from the "common boundary line."boundary 4. That I/we hereby certify that Uwe agree that the "common boundary line" as depicted in said survey is accurate and true; and that I/we make no claim for ownership now or in the future by adverse possession or otherwise to that portion of the land situate between the"common boundary line" and the fence on the Premises as set forth on the survey. 5. To the best of our knowledge said fence dividing our premises and that of the owner of 18625 Main Road was erected by your affiant's predecessor in title. 6. That IAve understand that Pindar Vineyards owns the Premises and have exclusive dominion and control over all of said Premises. 7. The undersigned hereby certify that the said fence may constitute an encumbrance on the " Pindar" Premises; We understand that Pindar may, if they wish, remove the said fence. 8. It is our understanding that the cypress trees bortlering the m boundary are on Lot 7 and will not be removed by the owner of the property descn In Pa G Lard DeMarco Theresa DeMarco ' Sworn to before me this �2 day of December, 2011 Qg NotaryAublic ��AA��twyy "a� thAr 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 + 20 acres of active farmland and/or acres of non- farmland, situated at Suffolk County Tax Map No. p/o 1000-108-4-1.1 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 Landowner TOWN OF SOUTHOLD PINDAR VINE Y RD LLC By: SCOTT A. RUSSELL, Supervisor By: HE ODOTUS DAMIANOS, Managing Member 53095 Route 25 591A Bicycle Path P.O. Box 1179 Port Jefferson Station, NY 11776 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the _d day of Q.0� . 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 PATRICIA L. FALCON Notary Public, State Oi New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24,OU/15, • STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) On the J& _ day of QFC, . 2011, before me personally appeared HERODOTUS DAMIANOS, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In f3ufEQlk County Commission Expires April 24, pZA/S • STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 Land&Water Resources 518-457-2713 Fax. 518-457-3412 February 7, 2012 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver—Suffolk County Agricultural District#1 —Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Pindar Vineyards, LLC • Herodotus Damianos, Managing Member The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b)and(c)of subdivision (4) does not relieve the Town of its obligation under paragraph a to use all practicable means in undertaking a 9 P 9 P O proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, ROBER O ERS, Ph. . Manager, Agricultural Protection Unit RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair File: API 2/005-W G°3ECOWED FEB 10 2012 DEPT.OF LAND PRESERVATION OFFICE LOCATION: MELISSA A.SPIROSOTown Hall Annex LAND PRESERVATION COORDINATOR O��Of UyOI 54375 State Route 25 • melissa.spiro@town.southold.ny.us Oyy (comer of Main Road&Youngs Avenue) Telephone(631)765-5711 T Southold,New York Facsimile(631)765-6640 ,per MAILING ADDRESS: OIyCOUN�,� P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 30,2012 Robert Somers,Ph.D. Manager,Agricultural Protection Unit NYS Department of Agriculture and Markets I OB Airline Drive Albany,NY 12235 Re: PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Part of SCTM#1000-108.-4-1.1 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 Herodows Damianos,Managing Member of Pindar Vineyards LLC at a closing on a development rights easement on active farmland formerly identified as part of SCTM#1000-108.-4-1.1.Details regarding this easement are as follows: GRANTOR: Pindar Vineyards LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: January 25, 2012 LIBER: D00012683 PAGE: 180 LOCATION: 18625 Main Rd(NYS Rt 25), Mattituck,NY EASEMENT ACREAGE: 20.0 acres SUFFOLK CO TAX MAP#: p/o 1000-108.00-04.00-001.001 n/k/a 1000-108.00-04.00-001.004 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Q' Melissa Spiro • Land Preservation Coordinator /md enc. N • Y S D E C R E • G I S T R Y • New York State Department of Environmental Conservation _ Division of Lands & Forests Bureau of Real Property, 5'" Floor 625 Broadway, Albany, New York 12233-4256 WhIIIIIIIIIIIN Phone: (518)402-9442 • Fax: (518)402-9028 Website: wyti dsc ng Joe Martens Commissioner February 7, 2012 Department of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attn: Melissa Spiro, Land Preservation Coordinator Dear Ms. Spiro: We have received in our office the following conservation easement: CE: Suffolk 572 Grantor: Pindar Vineyards, LLC Liber: D00012683 Page: 180 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. Your cooperation in this matter is very much appreciated. Very truly yours, Carmen L. Story Acting Land Acquisition Section Chief Bureau of Real Property CLS:gm GNECENED FEB 10 2012 DEPT.OF LAND PRESERVATI N OFFICE LOCATION: MELISSA A.SPIROTown Hall Annex • LAND PRESERVATION COORDINATOR O��F S�(/j�,pl 54375 State Route 25 melissaspiro@town.southold.ny.us O (corner of Main Road& Youngs Avenue) Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 ,O MAILING ADDRESS: �ly`OU P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 30,2012 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany,NY 122334256 Attention: Carmen Masters Re: Conservation Easements Registry PINDAR VINEYARDS 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: GRANTORS: Pindar Vineyards LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: January 25,2012 LIBER: D00012683 PAGE: 180 LOCATION: 18625 Main Rd(NYS Rt 25), Mattituck EASEMENT ACREAGE: 20.0 acres SUFFOLK CO TAX MAP 4: p/o 1000-108.00-04.00-001.001 n/k/a 1000-108.00-04.00-001.004 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: Dr. Herodotus Damianos, Managing Member Pindar Vineyards, LLC 591A Bicycle Path Port Jefferson Station,NY 11776 OFFICE LOCATION: MELISSA A.SPIRO• OF soar Town Hall Annex LAND PRESERVATION COORDINATOR O�� y0l 54375 State Route 25 melissa.spiro@town.southold.ny.us (comer of Main Road&Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 ,O MAILING ADDRESS: �YCOU P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 13, 2012 Dr. Herodotus Damianos, Managing Member Pindar Vineyards, LLC 591A Bicycle Path Port Jefferson Station, NY 11776 Re: NYSDEC Conservation Easements Registry CE: Suffolk 572 • Dear Dr. Damianos: Please be advised that the Town's purchase of a development rights easement on property located at 18625 Main Rd (NYS Rt 25) 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. Story at NYSDEC (518-402-9442) and refer to the assigned identifier—CE: Suffolk 572. Very truly yours, ' LU� Melanie Doros Sr. Administrative Assistant enclosure P • R O P E R T j Y R � E C O R '� D S • . PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Development Rights Easement—20.0 acres Part of SCTM #1000-108.-4-1.1 Location: 18625 Main Rd (NYS Rt 25), Mattituck Closing held on Monday, December 19, 2011 at 10:00 a.m. Southold Town Hall Annex from leftto right: Supervisor Scott A. Russell Dr. Herodotus Damianos t �fFO( MELISSA A.SPIRO OFFICE LOCATION:�� Town I lall Annex LAND PRFSFRVATION COORDINATORA> 54375 State Route 25 melissa.spi ro'dtown.southold.LIN.LIS < (corner orMain Rd& Younes ANe) CD H .T SOuthold. New York Telephone(631) 765-5711 Facsimile(631)765-6640a MAILING ADDRESS: 01 1� �{� P.O. Box 1179 Southold. NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing Land Preservation Committee Town Comptroller Town Attorney Stewardship Managers Planning Board Peconic Land Trust, Inc. Suffolk County Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: December 19, 2011 Re: PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Part of SCTM #1000-108.-4-1.1 • 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: 18625 Main Road (NYS Rt 25), Mattituck SCTM #: part of 1000-108.-4-1.1 PROPERTY OWNERS: Pindar Vineyards LLC CONTACT DATE: September 1, 2011 PURCHASE DATE: December 19, 2011 PURCHASE PRICE: $ 1,220,000.00 (based on 20.0 buildable acres @ $61,000/buildable acre) TOTAL PARCEL ACREAGE: 24.18 acres EASEMENT ACREAGE: 20.0 acres RESERVE AREA: 4.18 acres • ZONING: R-40 and A-C FUNDING: CPF 2% Land Bank \ a: y i� a pn \ s Herodotus `Dr. Dan' Damianos, Pindar Vineyards founder, dies at 83 Pindar Vineyards proprietor"Dr. Dan" Damianos(in purple sweater) hosts a barrel tasting and behind-the-scenes tour for Pindar Wine Club members. (Credit: Courtesy photo) Herodotus Damianos, a medical doctor, North Fork wine pioneer and the founder of Pindar Vineyards, Long Island's biggest wine producer, died on Monday, according to a family spokesman. He was 83. Born in Hell's Kitchen, New York, "Dr. Dan" as he was affectionately called, moved to Stony Brook in 1966. One of the driving forces behind the local wine industry's early success, Dr. Damianos bought 30 acres of land in Peconic in 1979 and first planted grapes in 1980. Two years later, the vineyard sold its first vintage. "I said to myself: I believe in this industry, and if you're going to make an impact you have to have enough product," he said, according to his bio posted on the Pindar website. To ensure that success, Dr. Damianos began purchasing other parcels, eventually expanding the operation to more than 500 acres with 17 different grape varieties, including the Duck Walk Vineyards north and south fork locations. "The vines were young, we didn't know what we were doing because we were unique," he said, according to his bio. "It was a lot of heartache and a lot of mistakes." http://northforker.com/2014/08/19/herodotus-dr-dan-damianos-pindar-vineyards-founder-d... 8/19/2014 He enlisted the help of his five children. Today his son Jason is director of winemaking for Pindar and Duck Walk, and the owner of Jason's Vineyard, His son Pindar is director of vineyard management at Pindar and a daughter, Alethea, is CFO. A third son, Alexander, is owner and general manager at Duck Walk Vineyards south. A second daughter, Eurydice, is a speech pathologist in New York City and is not professionally involved with the family business. Dr. Damianos is also survived by his wife, Barbara. Newsday reported last year that the vineyards and four wineries were on the selling block with an asking price of$65 million. "He had a very early vision that Long Island wines should be accessible to everyone," said Louisa Hargrave, who along with her then-husband Alex planted the first commercial Long Island vineyard in 1973. "He wanted to reach everyone with his own vision and his love of wine." Hargrave recalled Dr. Damianos as a family man who loved his clan and loved his work. "He stood there pouring wine in his winery every single weekend," she said. "He loved his family. He was out here every minute he could be. Not just running a business, but standing there interacting with people." Dr. Damianos continued to practice medicine until the mid-1990s, well into his career as a vintner, a family spokesperson said. "I love medicine," he says on the winery website, "but I also wanted to do something creative." Those in the wine industry who knew him said his presence will be missed. "He was certainly a giant among many," said Charles Massoud, founder of Paumanok Vineyards in Jamesport. "He did a lot for the business." Massoud recalled how the winery owners used to assemble once a month and informally discuss the state of the business. Damianos was a regular at these gatherings, which were a precursor to the Long Island Wine Council. Massoud said he had recently suggested getting together like the group had done in the late 80s and 90s as having all the winery owners under one roof is now a rare occurrence. "Unfortunately, we missed that opportunity," Massoud said. Damianos' passing is the third loss of a Long Island wine industry pillar this summer. Ann Marie Borghese of Castello di Borghese died at the age of 53 on June 20 after a battle with cancer. Her husband Marco, 73, died in a car accident 10 days later. "We're missing a god in the panoply of Long Island wine gods," Hargrave said. Funeral arrangement information will be posted as it becomes available. vchinese c timesreview.com http://northforker.com/2014/08/19/herodotus-dr-dan-damianos-pindar-vineyards-founder-d... 8/19/2014 File View Toolbar Help 108 4 1 1 A73805 SQulhold k#ave `'' M 1 S hoof Mat#deck Scho plat tJpards LLC' frill Year. 2011 CvTr:Yr Fiefdtups Land $�2S"ftliole, 5 . 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NOTE5: ■ MONUMENT FOUND k O PIPE FOUND */ \ ==f3:7 HEDGE TOTAL AREA = 24.18 AGRES x/ AREA 5UBJEGT TO DEVELOPMENT RIGHT5= 20.00 AGRE5 S. AREA WITH DEVELOPMENT RIGHTS INTACT= 4.18 AGRE5 + a XV i 6 � s x V1 �r \ Q11, + * + * x\ t1 �o 0N �1 1, VU tlV, D \4` X \ 9 as� SS1\ o060d 1S �k �, `) Development �� RI hts 9 I 20.06 Acres 0 F i ,o a Detail 5r,ale : I " = 50 ' 3\ �9 07 q t� Reeerve Area ' Develo ment Rights a Intactp4.18 Acres N r A A F6°r° V'62 N �N jO.lo7 o e S9, v° U J Frw � m � fIX1 � ❑ � � € o Tb Land now or N � ¢ formerly aF' 9R Q 1 Edward F. tkae O � IJqto Ell)ah's Lane —. Main 516045'37"W Road �o 244.00' ®a �° s9 J FO LAND 5uP 6PAPHIG SCALE rv= 100, JOHN C. EHLERS LAND SURVEYOR 68 ST 6 ST T N.Y.S.LIC.NO.50202 RIVHRIIP.AD.N.Y.11901 969-A28BF.30-8289 REEEEWCE G 9H-22J L1 A R I L M A P • } Town Town pe Rights O e Development Rights Town Development? Rights Pending e` 0 . rad o� wn �. 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