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Peconic Land Trust - New Suffolk Land Co IV
FQ1 ~O Gyp 1000-55-1-p/o 9 Baseline Documentation Premises: 3340 Horton Lane Southold, New York 13.897 acres Development Rights Easement PECONIC LAND TRUST, INCORPORATED (New Suffolk Land Co. IV, LLC property) to TOWN OF SOUTHOLD Easement dated May 21, 2013 Recorded July 3, 2013 • Suffolk County Clerk - Liber D00012735, Page 364 SCTM 1000-55-1-p/o 9 Premises: 3340 Horton Lane Hamlet: Southold Purchase Price: $9039305.00 (13.897 buildable acres @ $65,000/acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 15.734 acres Development Rights: 13.897 easement acres Reserved Area: 1.837 acres (80,000 sq ft) Zoned: A-C Existing Improvements: In April 2013 - farmland; woods in southeast corner, electric meter and well along westerly boundary line; framed shed situated near • northern boundary line • PROPERTY DESCRIPTION .LEGAL The subject is legally identified on the Suffolk County Tax Map as District 1000, Section 55, Block 1, part of Lot 9. A copy of the Suffolk County Tax Map showing this parcel is included in the Addenda to this report. - LAND The subject is part of a larger parcel of land containing 15.736± acres. As per the client's request, I have excluded 2.0± acres from the northwesterly section of the property and valued 1 • the development rights on the remainder. The larger parcel has 689.79e of frontage along the easterly side of Horton Lane, a northerly boundary of 1,006.30±', an easterly boundary of 674.38±' and a southerly line of 1,024.53±'. The land is generally level and cleared. Utilities (electric and telephone) are available to the site via Horton Lane. Horton Lane is a two-way, macadam-paved road. Water would be provided by on-site wells. Sanitary flow would be handled by an on-site septic system. .IMPROVEMENTS The subject contains a shed. is LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING P ~ R O P E R T Y V I ~ S U A L S • I I I Norton f} ~ us~ S n x - ~ri~ all 4n G7y PA a k Po4 ~ ~ , Toig ~ 71 r. 48 vi Gsdt 25 And T Sandhi t .R4 0wes __p~SLI Ty PaA O ~ `,J,BMVIP Hist Sa n B Town samnme O ' a I'iMt PB\ cam Sou ~ ~ i9r4 Indian Ma wn ust.,e L ~ GfeeX ' Osgays D.,,', an West The bng Vineyards as Po FS R +V PECON11 C Location Map 1 ' SUBJECT PHOTOGRAPHS ai~ F_ mot, a 4. ji ~xl: ,ate .-y f VIEW OF SUBJECT FACING NORTHEAST 7 7 yid Z K R VIEW OF SUBJECT FACING SOUTHEAST 1 1 i SUBJECT PHOTOGRAPHS r a f ~,t ; • h_ ^ 1"U:f_ ~ T _ r AUTOMOBILE DEALERSHIP ACCROSS FROM SUBJECT ~1 Y_f a ,yet- -A R • Y ~q w~ 00~ EXCLUDED SECTION OF SUBJECT 1 SUBJECT PHOTOGRAPHS 1 -~y L t J t. MAIL 1 t ~~JS t HORTON LANE FACING SOUTH 1 .q rte. x HORTON LANE FACING NORTH 1 Y]Y1„ Io n y 1 2S1 - 1 'C M1FN,c i 2.2.llcl 04 5.5 5.4 6 l.U I @ e .0 e 56 7 9.1 1a a vl~~c " z6.m 51 1.2 .r 51 i " c M1S \J '••25.5 m n. t „ + 11 eJ 4 e.6 1.„ Luml 2.o6 s \!w1 5 9 ' i~t$t m 1.9 zDA M1 es ua6m+ ' eae 2a. s + 5.1 MIA I 9.] .e. 10.1 25sucl ' m te.a AAW 6.1 9.1 19.2. lN614`IYM mcmmil e mnw0 M11 1 eJ LL~^Y[M ms„rs~ (M1 LO.IC) YL69 O ~ 0evc ~ ~ ` ? xs FlmucM ~ .C 11 e1 Le. e.1 y n 0 a' 1e.5. m CEYEr?nK~RCM51 )+~~1 ~1) .I` ay \5 5] 2 \3 ' 16 6 "~P2(F 5 5.1. P M1 "d A°f O a t "pry z2 r Il - ~ ]s61c1 5 Sl.c. 1M 16.161c1 T 2,1 E 2.4 t w x lll.eoo III( l 5.1 _ ' [wry mn i YIiCN W SEC. W. 061 I 1 Tax Ma Location v. o ~ N O ' O O G ff O ~ i W - o~ 1 N Z O ~ ~ O ~ i wORTON LANE s~tas tow ,p24 5 1 Title: SKETCH OF LARGER PARCEL Date: 01-07-2013 ' Scale: 1 inch = 175 feet File: NEW SUFFOLK LAND CO IV LLC.des Tract 1: 15.736 Acres: 685469 Sq Feet: Closure- s32.0239e 0.00 Feet: Precision =1/979851: Perimeter= 3395 Feet 001=N8.5900W 689.79 003=S10.2010E 470.50 005=S71.4810W 1024.53 002=N72.3200E 1006.30 004=S10.2150E 203.88 Y~ i i 1 ~ _ 1 z g ~ \ ~ J g i R-80 I nzw I® L' MI --iT+ 1 Zoning Map 1 A P P R A I S A L ~ M O T I I~ O N • LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, December 11, 2012 at 7:00 p.m. Members Present: John Sepenoski, Chairman Allan Connell Sam McCullough Lillian Ball Eric Keil Maureen Cullinane Members Absent: Anne Murray Also present: Melissa Spiro, Land Preservation Coordinator Stephen Searl, Peconic Land Trust Doug Cooper, Applicant (appointment 7:00 - 8:50 p.m.) Don Cooper, Applicant (appointment 7:00 - 8:50 p.m.) Commencement: • The meeting began at 7:05 p.m. with six LPC members present. EXCERPT FROM ADOPTED December 12 2012 LPC MEETING MINUTES • SCTM #100055-1-9 (NEW SUFFOLK LAND COMPANY IV, LLC) Review of new PDR application Melissa Spiro and Stephen Searl (PLT) gave overview of PDR application. Peconic Land Trust may become contract vendee. Discussed 2-acre reserve area in northwest corner and also potential for a "floating" 2-acre reserve area instead along Horton Lane on south side of property. LPC not committed to "floating" reserve area, but agreed to ask appraiser for this scenario for discussion purposes. MOTION made by Sam McCullough, seconded by Eric Keil, to direct Melissa Spiro, as Land Preservation Coordinator, to commission an appraisal of property owned by New Suffolk Land Company IV, LLC (SCTM #1000-55.-1-9) with several different scenario valuations: a) with typical 2- acre reserve area; b) with "floating" reserve area, and also c) with 20% lot coverage and 10% lot coverage should LPC decide to restrict structure coverage for scenic purposes. 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 for the property located at: 3340 Horton Lane Southold, New York 119 71 Tax Map No. 1000- 55-01-09 prepared for: Town of Southold Department of Land Preservation P.O. Box 1179 Southold, New York 11971-0959 prepared by: Cashin Tec ic~a ervices, Inc. Engineering • Pt n • Co traction Management 1200 Veterans Memorial ig a ew York 11788 - (631) 348-7600 APRIL 24, 2013 w • PHASE I ENVIRONMENTAL SITE ASSESSMENT • FOR THE PROPERTY LOCATED AT: 3340 HORTON LANE SOUTHOLD, NEW YORK 11971 TAX MAP NO. 1000-55-01-09 • EXECUTIVE SUMMARY • Cashin Technical Services, Inc. (CTS) has performed an evaluation of the parcel identified on the Town of Southold Real Property Tax Map, County of Suffolk, State of New York by Tax Map Number 1000-55-01-09 in accordance with the American Society for Testing and Materials • (ASTM) E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. CTS was authorized by the Town of Southold • Department of Land Preservation to conduct this assessment in correspondence dated April 10, • 2013. The subject property (Lot 9) is approximately 16.7 acres in size and is comprised of a fallow • agricultural field with a small pump house shed; and a small wooded area in the southeast portion of the parcel. Based on CA's observation, the pump house shed appears to contain a water tank (marked "Well-X-Trol"), electric water pump and well for irrigation purposes. w CTS accessed the subject property from Middle Road (CR 48). Adjacent properties consist of. a fallow agricultural parcel (former vineyard) to the north; a fallow agricultural field to the east; two commercial uses (insurance business and dental office) and a wooded area to the south; and • • a car dealership and retail store to the west (across Horton Lane). • Cashin Associates, P.C. • Engineering • Planning • Construction management • • The review of the historical data for the past 75 years revealed that the subject property has been in use for agricultural purposes since before 1938. Historically, the surrounding area has primarily been in use for agricultural purposes, with increasing local residential and commercial development through the years. • The subject property was not listed in any of the reviewed environmental regulatory databases. CTS' investigation found no evidence that facilities/properties in the surrounding area have • negatively affected conditions at the subject property. The results of the investigation found no recognized environmental conditions associated with • the subject property. However, the following issues were identified: • Current and Historic Agricultural Use: Due to the historic agricultural use of the subject • property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil • contamination has also been documented for lands under long-term agricultural use. Site specific investigation, including sampling of soils and groundwater, would be needed to determine if long-term agricultural use has affected soils and possibly groundwater at the site. • Water Supply Well Abandonment: A private water supply well was observed in the northwest portion of the subject property near Horton Lane. The pump house also contains an irrigation • well. The NYSDEC Division of Water recommends that any out-of-use private water supply • Cashin Associates, P.C. • Engineering • Planning • Construction Management • wells be properly decommissioned. As such, if the uses of these existing wells are not required for the planned future use of the site, CTS recommends that these water supply wells be properly decommissioned by a qualified contractor. The NYSDEC provides guidelines/recommendations for such well decommissioning activities. A copy of these recommendations is provided as an • Appendix to this report. • • • • • • Cashin Associates, P.C. Engineering Planning Construction Management • • . • 'V" S - ypp • aVEN~E Shiloh ? l • • b (i • L 1llli ~j ~1ii 1 O ~ C'i' P • ~ ~~/fl l 4j ~l• •ll ~ 17. S#e ~o ,fir i ~ Be1RedOD • z a i Fetgteis ~y o So V• • Nk, f b igh Sch • Wll low H` C.. .bA' ~ v r New York State Department of Transportation Southold Quadrangle, New York - Suffolk Co. 7.5 Minute Series, 1991, Digital Edition • Scale 1:24000 • TOPOGRAPHIC LOCATION MAP 3340 Horton Lane 13cts.011 Southold, New York • A m 70~fh z y NOT TO SCALE ELECTRIC HOOKUP ~ /FOR PUMP HOUSE / WEEL PUMP HOUSE ANTIQUES / i 4, LOT 9 / FALLOW FIELD LOT 8.4 J O I FALLOW FIELD i LUCAS FORD ~ DEALERSHIP / E / TREE LINE i WOODED AREA / ? GRASS ~ AREA WOODED a R STAURA T AREA a Zo PARKING 44655 MIDDLE ROAD (CR 48) PHASE I SITE SKETCH ' l 3340 Horton Lane POLE LFCTRICALI TRANSFORMER O E Southold, New York Cashln ales, P.C. ..d SCTM #1000-55-01-09 IxTS.mi • -r . t <r A 4 Photograph #1 - View of Allstate and lie- dental offices (along County Road 48) to • " 1 the south of the subject property. • W" p BR` WIN c o r Photograph #2 - View of parking lot for _ f v, Allstate and dental offices. Y• r s V F1 y4~ R, 1 Photograph #3 -View of the southern boundary of the subject property at offices/parking lot, looking east. s b ~ wp • ~ • • Photograph #4 - View of subject property looking northwest from z~ ~F southern boundary. Ail- • Photograph #5 - View of subject property looking west (toward Horton Lane) from v}~}s. Mr w southern boundary. y+1 y nM vl~T,~ ~ sue. ~ J[ ! „o!'1ew-..F ~TYI 'w v11 i ~ i t. 3 Photograph #6 - View of woods on ~y ;gip t> southeastern portion of property. gg 9 4S .ph$ • • Z 1 § Photograph #7 View of interior of t t 3 A, A•i woods on southeastern portion of as ar rt x property. • n t L y t fN W d 1~ ~NQ 4 WA ,b_~ r yjp yyj,e€ ON K gg Yq,1± l/~> •.ij i.r d r5,kp,iY ' ? Jf„ve x y <x + s Zk«~ Yk Photograph #8 - View of pile of field J~ ST' • ,,h n 'r~ ' ~ay~ xz stones at northeast corner of woods. N~fyr ~r *P~ y 4~j! ~I 4~ 4 r 1 F y~ n IT d ~ p? C .17 , Photograph #9 - 'view 77 boundary of property at ed, R S .yy 1 - = Z` 1 .p19RN'~~V~` Hy "r" 5"~.yy •C r~,,~~r b r 4zip FP '~P'v .°'055 tN~ - iH~?-yy SSWk r: • • "'ii F Photograph #10 - View of easterly adjoining grass field (with barn). ' h a ep y $ `apr9 a, "~Vfy QZIR Photograph #11 -View of eastern boundary of property (at ribbon marker for adjacent Lot 8.4) looking north. Photograph #12 - View of northern boundary of property from northeast corner looking west toward Horton Lane. • • Photograph #13 -View of eastern boundary of property from northeast k+ corner looking south. • • ~ Rai Photograph #14 - View of irrigation well pump house on northern portion of property. 1° ~ .al • b C ~ ` ~tga4 AN7 ~ft`.,r~~~~gw~` ` Photograph #15 - View of materials at side of pump house. i i , 4 4! gry a ~ L"'I" WWN~Oe 1 ~117 F F ~ it f 5Y ~a~ r s ~2 r~ • 'v ~ Y AA A MIt p X~~ ~ It .I : ~L B B<tj~PY, .SML ,.2,q~ i r 7 y v nk.'io, bpi. If F f~'Ki N" Photograph #16 - View of property looking southwest from pump house. ~ „ ~;r. ,t Y /m k ~ t ~P t • ~ rye pig P m': 'k'E3« tar ~y B1 1 • ~ IY~ p'M 0 f~`eY ~6 i Sep' ~ ~ a t f Mti7 , ! " Photograph #17 - View of western ~ • W'k boundary of property (Horton Lane) looking south. L ~ w r ' 1 ALAI ~,~~pF s"a ry,,r M yCe a 3,+ EEC { fi„ ~ ~ ~~A:• 1 ,.~tiµ Sri r , ib It .yt 1.. ~y ( J •J~ y A 5 "F~ ~y'Yrt Photograph #18 -View of electrica, hookup for pump he ~ r s ~ et • • p.: (tutufg. i apr1 if l F looking east from western, hnunri,rr4,,!Hnrtnr I_anF y741 14~f )4y ++w r ~L„~ku TM / 3 k': I % 3w LWA, N t: q '4 F w • • • `Y Photograph #20 - View of Lucas Ford dealership across Horton Lane to the west. . i I OVERVIEW MAP - 3581574.2s o, d 0 r f k • j / W11 Mf 5 ?1 pg~g • O O O 9 ~7 r Y / j l • O q C /B e(/ O > 1 9 D 'n 4 hod d Target Property 0 1r4 la 1 MO.. Sites at elevations higher than _ or equal to the target property ='I Indian Reservations BIA dflhJ~ • Sites at elevations lower than /V County Boundary the target property Power transmission lines A Manufactured Gas Plants National Priority List Sites Oil & Gas pipelines from USGS FDept. Defense Sites 100-year flood zone 500-year flood zone National Wetland Inventory This report includes Interactive Map Layers to . 0 State Wetlands elgend includes only those Icons for the The default map view. SITE NAME: Southold Property CLIENT: CashinAssoc. ADDRESS: Horton Lane CONTACT: Jason Cecere Southold NY 11971 INQUIRY N: 3581574.2s LAT/LONG: 41.0724/72.4333 DATE: April 19, 2013 3:10 pm Cucl*IC m 2013 EDR, Inc. 02D10TaWMn Rd. OWN. • DETAIL MAP - 3581574.2s a z 0 • • 6 °a e° • y c° x • -f 1 a p6 3 ? e°• ~i G° • ? • °o x * Target Property 0 1116 In 114 MI6. • . Sites at elevations higher than or equal to the target properly _ Indian Reservations BIA • Sites at elevations lower than )V Power transmission lines the target property 1 Manufactured Gas Plants /V Oil & Gas pipelines from USGS ~ Sensitive Receptors 700-year flood zone National Priority List Sites ? 500-year flood zone Dept. Defense Sites National Wetland inventory • ? Inter Sate wetlands d slplay snd/orlhide map informal on. Them to . legend includes only those Icons for the default map view. SITE NAME: Southold Property CLIENT: Cashin Assoc. ADDRESS: Horton Lane CONTACT: Jason Cecere Southold NY 11971 INQUIRY 3581574.25 • LAT/LONG: 41.0724/72.4333 DATE: April 19, 2013 3:11 pm 0pplplpMO2013EOR,Ipp02010T.WM Rd. 072008. SSURGO SOIL MAP - 3581574.2s J f~ i " j 4 4 I Target Property " me in urw'ta' SSURGO Soil Water • SITE NAME: Southold Property CLIENT: Cashin Assoc. ADDRESS: Horton Lane CONTACT: Jason Cecere Southold NY 11971 INQUIRY: 3581574.2s LAT/LONG: 41.0724 / 72.4333 DATE: April 19, 2013 3:11 pm O Pftk 0 2013 EM, Ins 0 2010 TAN A W. 0]/!008 • PHYSICAL SETTING SOURCE MAP -3581574.2s a • 10 7 g - • 0 g 4 a ~ e 7 V~ -J I ~ o {J ~ ~YDF ry y gOFB '0 P Qo C~ \ Vo ~ r. P - - / ° ~ ~ Ine Neok RO County Boundary D w 1/2 t Miier • N Major Roads Contour Lines } Groundwater Flow Direction OO Earthquake epicenter, Richter 5 or greater c Indeterminate Groundwater Flow at Location 19 Water Wells c v Groundwater Flow Varies at Location © Public Water Supply Wells ® Closest Hydrogeological Data Cluster of Multiple Icons • Oil, gas or related wells • • SITE NAME: Southold Property CLIENT: Cashin Assoc. ADDRESS: Horton Lane CONTACT: Jason Cacers Southold NY 11971 INQUIRY#: 3581574.25 • LAT/LONG: 41.0724 / 72.4333 DATE: April 19, 2013 3:11 pm CnnOi01002D10EDR,1ea0M10T.WA al. 07/[00a I 'lf~,gyp' ^'9 m ,w °Jbe_ ~ WIC, ~ .art b r ~ a~u } `'A ~:..p ~ 1 1. •li; ' .Y ' OOeO M s JI~ C~1tYd~AI r'~',~. ~~<~w,`~M1 J uap p asl.` ~ '9ft, n~ ry ~,w:~. . 011 'M ~C7 1~' ,4 y 1' 9999~~~~~~'''f'f~L° , * w'~1 , - y "Y ~r'w • m.. ' 4~ ~VP tdvr • Y! - 7 V C M~N 4 FI~ ~t R ~'r x. w.: Aii, a R' Ilk 49 • N Soil Survey • United States 0 350 goo 1,050 1,400 Department of Agriculture Feet T°F ~II st k ~ ~ µ X97 H~ °'el art ~ • •.ka ~ , ' 5e # . p~~h~.•~ ~F M H 3~' `AML ~A~l p • 6 ~b ~akFc a Y y y5 f. I '~+\r.- ~ il Oi S y Y f 1 ^ . i~ y F a .y v• ` Y r TMk1~• 7 F_ iat~k ~ . tl f F` ` 1 "v °1a Pr o y t cx tt 9~ - _ ~,t ,.yam .N ~1 I M' ~ ~ My.K' ~~~~'R ~~,Yyn~ ~ 'CIF IRL r s Legend SO-23 1 wNr's n ~T W~! . SO-24 SO-25 ytii. 4`r n SO-4 , SO-5 .yam, w ~=rs t t •'ar; k 'y.'j+lL~°4.. ro ~ ~~i• N Freshwater Wetlands Map New York State • Department of 6°° 200 Environmental Conservation R q~ , v I~'`y i 'fib ^ i yd .;y3 11L "A 0, Ni AN Legends „..V FCa . t.; FM ~ ~ • ; ~r a~~~ a ~f HM 5 IMy rp r y i' , s a*~k SM 4P • N Tidal Wetlands Map New York State • 0 500 1,000 Department of Feet Environmental Conservation J 53323.- ,/6 78 3l ~F • k.'rrtA 53539!_- - r" r'' l+ i 6101' ~ - '=f`Site 338 9 a 511 16780 f~ 951 r{ q 3 t, 53 - i 6524 53328 • 53321 ~ `65606 7234 7 533 • 10390 V 5 X332 LITTLE 53327 ' 35 1 : 'All Suffolk County Department of Health Services • Water Table Contours and Location of • Observation Wells In Suffolk County, New York March 2002 • Approximate Scale: 1"=1 mile P • U B L I C H E A ~ R I N G • 4.41,011 RESOLUTION 2013-306 -ADOPTED DOC ID: 8719 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-306 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2013: 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, April 23, 2013, at 4:32 p.m., Southold Town Hall. 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by New Suffolk Land Co, IV, LLC (Peconic Land. Trust. Incorporated as Contract Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.8971 acres (subject to survey) of the 15.734± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using • Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2013, at 4:32 p.m., Southold Town Hall 53095 Main Road Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by New Suffolk Land Co IV LLC (Peconic Land Trust, Incorporated as Contract Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: April 9, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON April 18, 2013, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Town Clerk's Bulletin Board • SOUTHOLD TOWN BOARD PUBLIC HEARING April 23, 2013 4:32 PM Present: Supervisor Scott Russell Town Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinizio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:54 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, April 23, 2013, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by New Suffolk Land Co, IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. New Suffolk Land Company DRE 2 4/23/2013 • 1 have a notice that it was posted in the Suffolk Times on April 18, 2013. It was posted on the Town Clerk's bulletin board on April 10, 2013. I also have a letter from Mark Terry, Principal Planner and LWRP coordinator "The proposed action is the acquisition of a development rights easement on part of SCTM 55-1-9 consisting of approximately 13.897 acres (subject to survey) of the 15.734 acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency 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." And that is it. SUPERVISOR RUSSELL: Would anybody care to address the Town Board on this particular local law? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. Good afternoon. As was noted, this is a farmland development rights purchase. The Town is purchasing an easement on just under 14 acres for agricultural purposes. There is an area of about 80,000 square feet which will remain attached, that is an excluded area but that will remain attached to the preserved land. The area is shown on the map. This is a great parcel from an agricultural standpoint, it is all prime soils and once this farm is preserved, there will be a block right between the four roads there, Horton's, Young's, County Route 48 and Old North Road of 70 acres of preserved land and if we go to all the different sides of the four roads, the expanse continues and the preserved area is an additional 145 acres for a total of over 200 acres of preserved land. And the Town, • Southold has been trying to continue preservation of blocks of farmland and this piece is key to completing a good block of preserved farmland. Both the Land Preservation Committee and I have been working pretty hard on this to get this done. We recommend that the Town Board proceed with completing the project and authorizing a resolution to purchase the easement and we expect to close hopefully before the end of May. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Tim? TIM CAULFIELD: Good afternoon. My name is Tim Caulfield, I am with the Peconic Land Trust, also a resident here in Cutchogue. And as you can see, the Peconic Land Trust is contract vendee on this transaction, so obviously we want to come out in strong support of it. We are hoping that if all goes well, we will be the owner at least on a temporary basis, in the near future. I also just wanted to publicly recognize Melissa, Melanie and the Land Preservation Committee, we are trying to pull this transaction together as a simultaneous transaction and those often times are a little bit more complicated in terns of scheduling. As always and I am sure you guys hear this all the time, they have done a great job and they did a great job in this instance as well. Melissa already described the project and its basic merits, I just thought there were a couple of things that I could add maybe in terms of secondary benefits. I think we all know that we are working at turning our ag center at Chamews farm into a little bit of a farm incubator program and thus far it has been pretty successful but essentially we have grown out of it already in just a few short years. Quite crowded over there. So immediately this acquisition is going to give us an opportunity to grow that program as well. And then perhaps even more important, it is going • to give us an opportunity to take even better care of the land. Given that it has been so crowded New Suffolk Land Company DRE 3 4/23/2013 • over at the ag center, we want to as any farmer would, as any land owner of protected land would, want to be good stewards of the land and demonstrate really good management practices. So right off the bat we are going to be able to do even more in terms of rotating and taking better care of the land here. So we are looking forward to bringing this to a conclusion in the near future and hopefully we will be seeing the farm back in ag production in a matter of weeks. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law, public hearing? (No comment) This hearing was closed at 5:00 PM Elizabeth A. Neville Southold Town Clerk • • s E ~ Q I R A P U R ' C H A S ~ E R E S O L U T I O N RESOLUTION 2013-348 • ADOPTED DOC ID: 8725 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-348 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 23,2013: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by New Suffolk Land Co, IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee) on the 23`d day of April, 2013, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and is situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation • Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and 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 2013-348 Board Meeting of April 23, 2013 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 New Suffolk Land Co, IV, LLC (Peconic Land Trust as Contract Vendee) identified as part of SCTM #1000-55.-1-9. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville • Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • Updated: 4/23/2013 3:34 PM by Lynda Rudder Page 2 OFFICE LOCATION: so y~ MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 JL .If, Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) T T Southold, NY 11971 G Q Telephone: 631 765-1838 Fax: 631765-3136 41 Ulm, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: April 18, 2013 • Re: Purchase of a development rights easement on property owned by New Suffolk Land Co, IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee. Location: 3340 Horton Lane in Southold SCTM #1000-55.-1-9 Zoning District A-C The proposed action is the acquisition of a development rights easement on part of SCTM #1000-55.-1-9; consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney INEC EU ED Melissa Spiro, Land Preservation Coordinator 1~J • APR 18 2013 DEPT OF LAND P E ERVATI N 617.20 Appendix C • State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be compieted by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME NeA%rfocieCANO (0.IV tan, l~roo ~Qo So~reetlk.p ~ owlJ ~Peq /~oofrocRAC~ JENDEE J 3. PROJECT LOCATION: Municipality SOoR-ttO%.-p County Sup FOl.1~~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Scan 0 loco -SS-1- q 3340 µolnoo LhNe,Sont+ok-P 5. PROPOSED ACTION IS: 1p New ? Expansion Modifip0onlalterallon 6. DESCRIBE PROJECT BRIEFLY: liowk) '?u¢c.tikSe' Of- DEUbZO('it`ENT ~LGtrtS EASEP61r ON t3,3= ocAes OP 15.7" ocau PAecee-- Foe F~rratLVj-~rueAL Puet'osEs. 7. IA OtyNi OF LAND %FECT acres ED, Ultimately 13.99 acres 6. WALL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER DMTING LAND USE RES RICTIONS? JK Yes ? No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PR-om dal C+g wlture ~ Park/ForestlOpen Space E] Other esiden0al ? Industdal YK~~J..°_m 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, Nst agency(s) name and permltlapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El Yes 101~0 If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PR OSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes MNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: T-Q Date: /0 O y 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 b 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. Yes ® No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? 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) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: ~J C2. Aesthetic agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: Nb C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: fV~ C4. A Acommunity's existing. plans or goals as officially adopted, or a change In use or Intensity of use of land. or other natural resources? Explain bdeny: C5. Growth, subsequent development. or related activities likely to be Induced by the proposed action? Explain briefly. 06. Long term, short term, cumulative, or other effects not Identified in C1 -C5? Explain briefly: IVY • 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 (CEA)? El Yes to No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes F~oyNo If Yes, explain briefly: ` PART IN - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether his substantial, large, important orotherwise significant. Each effect should be assessed in connection with its (a) setting. (i.e. urban. or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance mustevaluate the potential impact of the proposed action on theenvironmental characteristics of the CEA. Check this box it you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FU EAF and/or prepare a positive declaration. Check this box If you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL tL,j NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination nJ64moyr-p 1 nwjN :33a rzb l~~ z!!3 Name of Leead Agency c ate r I~uCSELI (OwN Jt+PrcQU~1o2,. w Type Nam RespW131 oe m Lead Agency This of Respon ' Officer lei= Signet o Responsible Officer In Lead Agency Signature o arer (If R from responsible officer) C • L O S I N G S T • A T E M E N T • • CLOSING STATEMENT PECONIC LAND TRUST, INCORPORATED (f/k/a New Suffolk Land Co. IV, LLC) to TOWN OF SOUTHOLD part of SCTM #1000-55.-1-9 Total Development Rights Easement- 13.897 acres Total Parcel Acreage - 15.734 acres Reserve Area - 1.837 acre (80,000 sq ft) Premises: 3340 Horton Lane, Southold, New York Closing took place on Tuesday, May 21, 2013 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 903,305.00 (based upon 13.897 buildable acres @ • $65,000/buildable acre) disbursed as follows: Payable to New Suffolk Land Co. IV, LLC $ 903,305.00* Check #117639 (5/21/2013) Expenses of Closing: Appraisal Payable to Lawrence Indimine Consulting Group $ 2,400.00 Check #116640 (2/12/13) Survey (credit to seller) Prepared by Nathan Taft Corwin, III Land Surveyor, P.C. $ 4,500.00* • * combined in check #117639 totaling $907,805.00 Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 1,000.00 Check #117572 (5/21/2013) Title Report Payable to Fidelity National Title Insurance Co $ 4,198.00 Check #117592 (5/21/2013) $ 3,974.25* Title insurance policy $ 3508 Recording easement & Certified copy of easement $ 300 Recording service fees $ 80 Recording C&R's $ 300 *refund of excess recording charges = $213.75 Title Closer Attendance Fee Payable to Robert DeFrese $ 150.00 Check #117583 (5/21/2013) Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Tim Caufield, PLT Vice President Seller Susan Q. Tuths, Esq. Attorney for Seller Robert DeFrese Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst Lisa Ross, Esq. (Esseks, Esseks & Angel) representing New Suffolk Land Co Syma Joffe Gerard Real Estate Broker Tom Uhlinger Real Estate Broker I Peconic Land Trust, Incorporated 296 Hampton Road i Southampton, NY 11968 t May 13, 2013 Town of Southold Main Road Southold, NY Re: Peconic Land Trust with Town of Southold Premises known as 3390 Horton Lane, Southold Ladies and Gentlemen: Please have the purchase price of development rights due at closing for the above property paid directly to the current owner, New Suffolk Land Co., IV, LLC. Peconic Land Trust, Incorporated / BY Ti t y{~ ufie d, ~ce President MAY 1 4 2013 DEPT. OF LAND PRESERVATI N • TOWN OF SOUTHOLD • VENDOR 141167 NEW SUFFOLK LAND CO. IV, LLC 05/21/2013 CHECK 117639 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 052113 REIMB.SURVEY COST 1,783.73 H3 .8660.2.600.100 052113 REIMB.SURVEY COST 2,716.27 I_. H2 .8686.2.000.000 052113 REIMB.SURVEY COST 1,783.73- H3 .8660.2.600.100 052113 REIMB.SURVEY COST 2,716.27- H3 .8660.2.600.100 052113 REIMB.SURVEY COST 1,783.73 H2 .8686.2.000.000 REIMB.SURVEY COST 2,716.27 H2 .8686.2.000.000 13-,3'8-' 52 43.897 AC DEV RT.PLT-NEW 903,305.00 'TOTAL 907, 805.00 \kw .i THE ORIGINAL CHECK HAS A F COLORED BACKGROUND, , VOID COPY FEATURE AND WATERMARK PAPER ~ '"d o -mw ~ fkN^ u w mq pw t~M 0460 umY~n'' WY4~y "j ~ ,imry °\'.o`teu°Og.~ „m ff~t 7Tiu :I"2,C34~~:"~~7M, O~f• Lawrence Indimine Consulting Corp. Invoice • PO Box 1453 Smithtown, NY 11787 Date Invoice # (631) 979-2735 1/15/201; 490 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 Description Amount Appruiul of Real Property of New Suffolk Land Company IV- LLC 2,400.00 Located 3340 Horton Lane, Southold, NY SCTM # 1 OW-55- 1 -pio 9 File €1301(1 • ulFi.1/r.;rlo p;~; r~~;lort Thank you for your business. Total tiz.4nantl TOWN OF SOUTHOLD • VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 02/12/2013 CHECK 116640 FUND & ACCOUNT P.O.$ INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 24702 490 APPRAISAL-3340 HORTON LN 2,400.00 TOTAL 2,400.00 06 Y' y,tr tv "yMp$' ~°wr<^ w~ ~~7t4 w i n + : ham' e. X. _ t a-`k " tr ' w ` Y, ~~27RIT 2~'1~~-j'was'~`tidw'~ Am . ~ Hot y ~ x• -.•,~'".`i,~--rto'~'~dse-w,.r •r ~ F~6yq~oyGl• YNAT0~61~1bA~lK x w 1 c.` . GUttt~tlffne, rrc t 6 . ~ 4 €*a a s / oI3 42 Y. w -.v.r r - akry " ~ v vY. Oki " y~f ~ . xrAn a 21 71f:i~6640rr~ i.O2 i~.05464~: 63 000004 NATHAN TAFT CORWIN M LAND SURVEYOR, P.C. Invoice P.O. BOX 16 JamespoM New York 11947 Date mvolee n Office Location: 1586 Main Road, Jamesport NY 3111/2013 5619 Phone 9 631-727.2090 Fax 8 631.727-1727 Bill To New Suffolk Lard Company. LLC do Joe O'Connor 315 Park Avenue South, 20th floor Ncw York New York 10010 Job# Client: Terms S.C. Tax Lot No. 33-054 Horton's Lane 30 DAYS 1000-55-01.09 Description Amount New Property survey 4,500.00 • ~Q~ d 6y ~Q;~ntitbvbtWl~ (a-wvl Cved~}e~ n-F ret~;~~ Total $4.500.00 Payments/Cmdits $0.00 A service charge of 2%par month will be charged on balances 90 days past due Balance Due $4,500.00 Gaehin Tecahn earl Services, Inc. • 1200 Velberans Memorial Hwy. Hauppauge. NY .11788 631.348.7600 phone / 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 April 16, 2013 Southold, NY 11971-0959 Project No: 13CTS.011 Invoice No: 180 Phase I Environmental Site Assessment for property located at 3340 Horton Lane, Southold, NY - SCTM # 1000-55.-1-9 Professional Services from April 10 2013 to April 30 2013 Fee 1,000.00 Total this Invoice $1,000.00 • TOWN OF SOUTHOLD • VENDOR 003079 CASHIN ASSOCIATES, P.C. 05/21/2013 CHECK 117572 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 25304 180 PHS1 ESA-3340 HORTON LN 1,000.00 TOTAL 1,000.00 was ? + Zm 44 "sV$ ``aa - xow a mx^ .h.,y.•+i~gp.•kM~Y"•nq> , •="x ~aM~3c~'N%~ w ate' n.. ` x ~ •w f am ~ x .F.,s~' AIM w . M~38 .1}ffi9C m Y if'S"T 2u P ~:b 214I] 5464: 63 0 OD004 (]n~ 0 Fidelity National Title Insurance Services, LLC 24 Commerce Drive, Riverhead NY, 11901, • (631) 727-0600, (631) 727-0606 ESTIMATED Title No: F13-7404-90365-SUFF Closing Date: 05/212013 Closer: Roben DeFrese Applicant: Town of Southold Land Preservation Dept. Lender: Purchaser: Town of Southold Land Preservation Department Lender Attorne : Owner: New Suffolk Land Co., IV, LLC Owner Attorne : Susan Terms, Esq. Premises: 3340 Horton Lane Coun Suffolk Southold Mortgage Amount: $0.00 Fee Amount: $903,305.00 AWIWWWWW~T Fee Premium $3,508.00 Mortgage Premium Work Charges Premium Optional Market Value Rider Escrow Service Charge Survey Inspection Municipal Totals Endorsement Totals Other Charges Other Searches Total Company Charges: (i) j:. MENNEN EXEMPT • EXEMPT ights Easement+ Cert. $300.00 7Copies ( 1 ) Covenants & Restri ctions $300.00 ( ) Assignment of Mortgage ( ) Consolidation Agreement ( ) Satisfaction of Mortgage ( ) Release ( ) Satisfaction of Judgment ( ) Agreement ( 2 ) Recording Service Fee @ $40.00 each $80.00 ( ) Est. Recording Charges Total Recordin Char es: z Total Escrow Charges: (a) 1MI offmm • Total Checks Payable to Fidelity (4): (4) $0.00 Total Other Checks: (s) $0.00 TOWN OF SOUTHOLD • VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 05/21/2013 CHECK 117592 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 7404-90365SUFF TITLE INS POLICY-PLT-NEW 3,508.00 H2 .8686.2.000.000 7404-90365SUFF ESMNT REC FEE/CERT-PLT 300.00 H2 .8686.2.000.000 7404-90365SUFF RECORDING C&R-S-PLT-NEW 300.00 H2 .8686.2.000.000 7404-90365SUFF REC SVC FEES@$40/EA-PLT 80.00 TOTAL 4,188.00 -t 0 F i n Fr x ~ • a • 01:111 -sit TQWN OF SOi'JT7 o 1 53005 MAIN None FJO SOX ins . , if 3 t SOLLTHpl6, NY M~]10959 $WFF01 GO. 7WNnlBANK ~OS+" `~Y~ C'Wr1f771R41B NM 17935}'[ x+ v « if 7, - T7 ~~11 V l+1 A en i II 1 `>`,50' S•4,IV74 ~ N AED Elok Y -Er b A ~ 00/10Q o 1 w di All 1 1 r. ill o, °,,I 11,111 1111101W llj~ "',`23EL2"SC NATIONAL: TITI,,E INS CO Iy1U W VV 1111 I~1' 4 1 iu 1 ~ 11 it la INI11 • 1 4 1 1759 i~` ~C02i405~,6~.1: 63 Od7C1`04 C7i FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC 18342 RIVERHEAD OFFICE UTC EXCHANGE OM U Title Number: 1 3-7404-903 6 5- Refund of excess recording charges County #/Branch 0674, 1004 Check No.: 13342 Date: 01/09/2014 Amount: $213.75 Property: 3340 Horton Lane Buyer: Town of Southold Land Preservation Department Seller: New Suffolk Land Co., IV, LLC lFl IMI To RSaMr CIMeb wnMl SrwMeOapp~lormxan FRSRED N U.S.A. FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC CAPITAL ONE FLANK 18342 RIVERHEAD OFFICE ' 140 EAST. MAIN STREET U7C EXCHANGE #204 RIVERHeat.>z>EAO, NY-r>3s3 tt9ot -'24 COMMERCE DRIVE 50-781/214 RIVERHEAD, NY 11901 Title No 13-7404-90365, January 9, 2014 DATE * 213.75* AMOUNT Ilt'NISRFDTmR'1'EEN AND 75/100*************** PAY 'EXCHANGE COUNT - VOID AFTER 180 DAYS TWO SI NATU S ORDER REQUIRED FOR WITHDRAWAL THE fmt n 01'S0uihold Lund Preservation Department OR OF 3340 Horton Lane Southold, NY LLI p, Y SECURITY FEATURES INCLUDED. DETAILS ON BACK. 11.01834211' 40 2 1 40 79 1 24 208 i3 4701011' TOWN OF SO UTHOLD VENDOR 003992 ROBERT DEFRESE 05/21/2013 CHECK 117583 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 13-348 7404-90365SUFF TITLE CLSR ATTND FEE-PLT 150.00 TOTAL 150.00 :ffia ~isl+o a~ 3 .y - mom, w- 71 TOWN OF SOUTH dD 40 AUDIT/2 LJ ti 5309s1.1Na0'n0 v090 1, 79 - m - e SOUTHOLD, NY 11471-0959 Ql a s " THE $UFFp4K CO NA7IDNAL$ATJIC * CVWN"~WH74illlg~ FiW'I193$, a+1TE 'yip ~sossr2rg ~o b/21/aA13 ' '~Q~kh~,. ~IF~3e "AiaD '00/144 O~?F LY26 e=~ IJ i w ~ "rt I ~ r Ir~Vll ~ y' ~ n10 Hb 01 ' I V 190ORT DEFRESE I rl„ rII2,TAT'Y• NATIONAL TITLE t i 4im I r ' ~I "I IW,Onh" I "r maQ'11„-. mil G~ ~{Eu'fA~' 117 11B '1 ~ E " d ~-0u ugh~~lo I;, .~,.e fw dA>%. , ~ -3 if- I:D2it,0' s 4 64,: G3 dObd"74 CJiii R • E C O R D E D E A • S E M E N T • SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 07/03/2013 Number of Pages: 23 At: 05:10:37 PM Receipt Number : 13-0081176 TRANSFER TAX NUMBER: 12-27022 LIBER: D00012735 PAGE: 364 District: Section: Block: Lot: 1000 055.00 01.00 009.000 EXAMINED AND CHARGED AS FOLLOWS ~eed Amount: $903,305.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $115.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $28.75 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $248.75 TRANSFER TAX NUMBER: 12-27022 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • 1 RECORDED 2013 Jul 03 05:10:37 PH • Number of pages JUDITH q. PPSCALE CLERK OF SUFFOLK COUNTY This document will be public L DOW12735 P 364 record. Please remove all DT# 12-27022 Social Security Numbers prior to recording. Deed/ Mortgage Instrument Deed/ Mortgage Tax Stamp Recording /Filing Stamps 3 FEES ~ 9a9eAmt Page/Filing Fee Mott 1. Basic Tax Handling 20. 00 - 2. Additional Tax -584 T Sub Total Notation SpecJAssit. or EA-5217 (County) Sub Total ! / V Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.SA (rX'7 (,;v Dual Town _ Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax G !t1 Affidavit • Mansion Tax 21 7~ The properly covered by this mortgage is or will be Improved by a one or two NYS Surcharge 15. 00 / b 8 Sub Total family dwelling only. Other YES orNo • - Grand Total f-V 8 If NO, see appropriate ~tax clause on page #~ofthis instryim¢ 4 Dlst. 2516611 1060 05500 0100 00'~pp9ooo !000 5' Camtttunity Preservation Fund Tax Se 3.3 0 Real Proper p T S IIII~W61 d plll ~il 111 Consideration Amount $ Tax Service R LPA A 9 u I 1I Agency 28-JUN-13 r CPF 'ax Due $ Y ,jc m PT Ver(ficatior Improved 6 Satisfactions/Discharges/Releases Ust Property Owners Mailing Address RECORD & RETURN To: Vacant Land TO IO Town of Southold Land Preservation Department P.O. Box 1179 TD Southold, DIY 11971 - TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name , www.suffolkCOuntyny.gov/clerk Tltle# ?Vo e903`.T 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Grant of Development Rights Easement made by (SPECIFY TYPE OF INSTRUMENT] . Peconic Land Tmstrlncorporated - The premises herein is situated in SUFFOLK COUNTY, NEW YORK • TO Inthe TOWNof Southold Town of Southold In the VILLAGE orHAMLETof Southold 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 A±5 day of May, 2013 at Southold, New York. The parties are PECONIC LAND TRUST, INCORPORATED, 296 Hampton Road, P.O. Box 1776, Southampton, New York 11968 (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 #1000-55-1-9 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by Nathan Taft Corwin III Land Surveyor, dated April 4, 2013 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and • WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for field crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and 1 • TWHEREAS, 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 NINE HUNDRED THREE THOUSAND THREE HUNDRED FIVE AND 00/100 DOLLARS ($903,305.00) and other good and valuable consideration paid to the V/ 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 fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 = 01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, except as set forth in Fidelity National Title Insurance Services, LLC Title Report #F13-7404-90365SUFF, 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 ricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic and agricultural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies: 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights ftement that present uses of the Property are compatible with the poses of this Easement. In order to aid in identifying and documenting 3 f , *he present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the `Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by Nathan Taft Corwin III Land Surveyor, dated April 4, 2013, and a Phase 1 Environmental Site Assessment dated April 24, 2013 by Cashin Technical Services, Inc. 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, R ndertakings, and forbearances contained in this Development Rights asement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production that term is presently referenced in §247 of the General Municipal Law nd/or defined in Chapter 70 of the Town Code of the Town of Southold (the 4 • "Town Code" or "Code") now, or as said Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, • nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to,keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon.Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its . subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. 5 ARTICLE TWO SALE GRANTOR, for NINE HUNDRED THREE THOUSAND THREE HUNDRED FIVE AND 00/100 DOLLARS ($903,305.00) 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: 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; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel,, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. • 3.03 Subdivision 6 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. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical • waste-on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs s' 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. I • 7 MOW 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, except for underground utilities presently existing, and referenced in an easement recorded simultaneously herewith in the Office of the Suffolk County Clerk and described in Section 4.06 herein. 3.07 Prohibited Uses Except for uses specifically permitted by this. Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(x)-(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, and shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or • erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural 8 P Werations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights maybe provided t j Section 4.06, and the parties agree that any other such development hts 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 !y 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 9 • the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 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. 10 now • Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (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; B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. • D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 11 • 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The • instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and • other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. 12 • The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of • which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. 13 • 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 yond the Grantor's control, including, without limitation, fire, flood, storm, rth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: • (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by • Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 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. • 15 • 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 Extin uishment 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 &ot be subject to the limitations and restrictions of this Easement. In such event, the. Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandin i 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. 16 • 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any • successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter 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. 17 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. 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. 18 • 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED BY: T of . C fi Id, Vice President ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: _ Scott A. Russell, Supervisor 19 • STATE OF NEW YORK) COUNTY OF SUFFOLK), SS: On the -,~(_day of n-~4ti in the year 2013 before me, the undersigned, personally appeared Timothy J. Cautiield, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument Signatur%thce of individual taking acknowledgement ROBERTOERMSE N*Myft&8 ftdNMy0Fk W CIDEMS117 >,rsoaft canunrron Mm oeobw 24.;201Y STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS. • On this V r day of nv?y in the year 2013 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. Signatur%ffice of individual taking acknowledgement RDWOUDEFRM N0kn 8kbd*WYWk bait" Qonimkre M EWm oamber24. ao { Y 20 KEY MAP SURVEY OF PROPERTY • SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK g S.C. TAX No. 1000-55-01-09 a SCALE 1"=100' w APRIL 4, 2013 AREA = 685.359 aq. 0. SIIBJER ~ 19.]Jl ac. YRIWSES ~ C6R NEW S TO - NEW IC UN LAND Ce I LLC N TOWN g ND TRUST. INCORPORATED - TOWN OIA OF SOUMOLO f10EUtt NATIONAL LITIF INSURANCE COMPANY EJ' p NOTE' REFERENCES ARE TO DEED USER 12419 PAGE 473. F N QFAca' T p0D j0 FDA e~- 0. IS rtco MsfF1 PWD{L© O p3~ . O k ~ ,m [ m s~ a 3~'$~. E0lm je ® yX']: NTTSi3't 2D" C i°n Em ~.iS M o W > l i $ ~ 11:1 S T\\b ~Ai o IN-OP nIl ao 1e0R3 m»°' 11 Em fl Via' 70 a ~I U i ~°s t 'Z "-1 TIn W ~ 'ws; , T.O ys D°!,E°1 9 ~ es \0~ ~ ~ ~ m. '7n 5 \116 T A N'P p 1/~ N• Cn ~ ~EpNiD Nrv N n o' / W / NFY c°M°NT1^ I E S_~ eU a 5 ~ \ b9 \0 fl ~ ° xrv ~mN°~!9 Y^`. pt'ryL°P16m N Ail "'f 9 `C g' niu.m-iv.. mama wu 4b~ VLO rS Ih ne. w.si • ° °,s Nathan Taft Corwin III Land Surveyor .A L" rxprc (O1RP-»sR Fe (eTl)m-m' o.NV atom a rv..c.mmz us WAfAAOeIWn®. ISb ~ NN y~~ 11n~hY 1M0 ..r ++.nE rn 11A> .;i • Fidelity National Title Insurance Company TITLE NO. F13-7404-90365SUFF SCHEDULE A-1 (Description) Amended 05/20/13 Development Rights Easement Area: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the easterly side of Horton's Lane distant 272.76 feet from the northerly end of an are of a curve connecting the easterly side of Hortods Lane and the northerly side of North Road (C.R. 48), which said arc of curve has a radius of 40.00 feet and a length of 72.56 feet; RUNNING THENCE along the easterly side of Horton's Lane North 09 degrees 01 minutes 20 seconds West, 539.65 feet to a monument; THENCE along land now or formerly on Map of Final Plan for "Dickerson Farm" , North 72 degrees 32 minutes 20 seconds East, 1006.30 feet to a monument; THENCE along other land now or formerly on Map of Final Plan for "Dickerson Farm', South 10 degrees 20 minutes 10 seconds East, 395.28 feet to a reserved area; • THENCE the following 5 courses and distances along the reserved area: 1) South 71 degrees 48 minutes 10 seconds West, 168.74 feet; 2) South 10 degrees 21 minutes 50 seconds East, 258.91 feet; 3) South 71 degrees 48 minutes 10 seconds West, 728.15 feet; 4) North 09 degrees 01 minute 20 seconds West, 129.90 feet; 5) South 71 degrees 48 minutes 10 seconds West, 126.74 feet to the easterly side of Hort2 tts Lane, the point or place of BEGINNING. • T I T L E P O L I C ~ Y i Fidelity National Title Insurance Company POLICY NO.: NY-FRVH-SAM-2730632-1-13-90365 • AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by Fidelity National 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 78 of the Conditions. COVERED RISKS SUBJECT TO THE EXCL USIONS FROM CO VERAGE, THE EXCEPTIONSFROM CO VERA GE CONTAINED INSCHEDULE B, AND THE CONDITIONS FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount offnsurance, sustained or incurred by the Insured by reason of.' I. 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; (ti) failure ofany 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 ofattorney, (vi) a document notproperlyfiled,recorded, or indexed in the Public Records indudingfailure to perform those acts by electronic means authorized bylaw; or (vii) a defective judicial or administrative proceeding. (b) The lien ofreal 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 locatedon the Land onto adjoining land, and encroachments onto the Land ofexisting improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement ofany law, ordinance, permit, orgovernmental 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 ofany improvement erected on the Land; (c) the subdivision of land, or (d) environmental protection jar notice, describing any part of the Land, is recorded in the Public Records settingforth 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 far value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Tide as shown in Schedule A because that prior transfer constituted afraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date ofPohcy and prior to the recording of the deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National'tie Insurance Company nA BY Y / YnslJSn SEAL 11 7 ATTEST Countersig sxmsrr A horized Signatory 2730632 (5/07) ALTA Owners Policy (6/17/06) w/New York coverage Endorsement Appendeo Fidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-273063 2-1-1 3-903 65 Title No.: F13-7404-90365-SUFF SCHEDULE A Amount of Insurance: $903,305.00 Date of Policy: May 21, 2013 at 9:00 AM I . Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: EASEMENT 3. Title to the estate or interest in the land is vested in: Town of Southold Development Rights Easement made by Peconic Land Trust, Incorporated dated May 21, 2013 and recorded July 3, 2013 in Liber 12735 page 364. 4. The land referred to in this policy is described as follows: • See Schedule A-1 (Description), following. • Schedule A Owner's Policy Page 1 Rev. (02/04) Fidelity National Title Insurance Company 00 Policy No: NY-FRVH-SAM-2730632-1-13-90365 Title No.: F13-7404-90365-SUFF SCHEDULE A-1 Description Amended 05/20/13 Development Rights Easement Area: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the easterly side of Horton's Lane distant 272.76 feet from the northerly end of an arc of a curve connecting the easterly side of Horton's Lane and the northerly side of North Road (C.R. 48), which said arc of curve has a radius of 40.00 feet and a length of 72.56 feet; RUNNING THENCE along the easterly side of Horton's Lane North 09 degrees 01 minutes 20 seconds West, 539.65 feet to a monument; THENCE along land now or formerly on Map of Final Plan for "Dickerson Farm" , North 72 degrees 32 minutes 20 seconds East, 1006.30 feet to a monument; • THENCE along other land now or formerly on Map of Final Plan for "Dickerson Farm", South 10 degrees 20 minutes 10 seconds East, 395.28 feet to a reserved area; THENCE the following 5 courses and distances along the reserved area: 1) South 71 degrees 48 minutes 10 seconds West, 168.74 feet; 2) South 10 degrees 21 minutes 50 seconds East, 258.91 feet; 3) South 71 degrees 48 minutes 10 seconds West, 728.15 feet; 4) North 09 degrees 01 minute 20 seconds West, 129.90 feet; 5) South 71 degrees 48 minutes 10 seconds West, 126.74 feet to the easterly side of Horton's Lane, the point or place of BEGINNING. 05/20/13 Re-Amended FOR INFORMATION ONLY - RESERVED AREA: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: • BEGINNING at a point on the easterly side of Horton's Lane distant North 08 degrees 57 minutes 10 seconds West, 122.62 feet from the northerly end of an arc of a curve connecting the easterly side of Horton's Lane and the northerly side of North Road (C.R. 48) which said arc of curve has a radius of 40.00 feet and a length of 72.56 feet; Schedule A-1(Description) Owner's Policy Page 2 Rev. (02/04) Fidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-2730632-1-13-90365 • Title No.: F13-7404-90365-SUFF SCHEDULE A-1 Continued RUNNING THENCE along the easterly side of Horton's Lane North 09 degrees 01 minute 20 seconds West, 150.14 feet to Development rights easement area; THENCE the following 5 courses and distances along the Development rights easement area: 1) North 71 degrees 48 minutes 10 seconds East, 126.74 feet; 2) South 09 degrees 01 minutes 20 seconds East, 129.90 feet; 3) North 71 degrees 48 minutes 10 seconds East, 728.15 feet; 4) North 10 degrees 21 minutes 50 seconds West, 258.91 feet; 5) North 71 degrees 48 minutes 10 seconds East, 168.74 feet to land now or formerly on Map of Final Plan for "Dickerson Farm"; THENCE South 10 degrees 20 minutes 10 seconds East along last mentioned land, 75.22 feet to land now or formerly on Minor Subdivision Map of Edward D. Dart"; THENCE South 10 degrees 21 minutes 50 seconds East, along last mentioned land, 203.88 feet to the land now or • formerly of BCC Restaurant Corporation; THENCE along land now or formerly of BCC Restaurant Corp. South 71 degrees 48 minutes 10 seconds West, 1024.06 feet to a point on the easterly side of Horton's Lane, the point or place of BEGINNING. FOR INFORMATION ONLY - ENTIRE PARCEL: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the easterly side of Horton's Lane distant North 08 degrees 57 minutes 10 seconds West, 122.62 feet from the northerly end of an arc of a curve connecting the easterly side of Horton's Lane and the northerly side of North Road (C.R. 48) which said arc of a curve has a radius of 40.00 feet and a length of 72.56 feet; RUNNING THENCE along the easterly side of Horton's Lane North 09 degrees 01 minutes 20 seconds West, 689.79 feet to a monument and land now or formerly of Map of Final Plan for "Dickerson Farm"; THENCE along last mentioned land, North 72 degrees 32 minutes 20 seconds East, 1006.30 feet to a monument; THENCE along other land now or formerly of Map of Final Plan for "Dickerson Farm"; South 10 degrees 20 minutes 10 seconds East, 470.50 feet to a monument and land now or formerly of Minor Subdivision for "Edward D. Dart"; THENCE along last mentioned land, South 10 degrees 21 minutes 50 seconds East, 203.88 feet to land now or formerly of BCC Restaurant Corporation; • THENCE along land now or formerly of BCC Restaurant Corp. South 71 degrees 48 minutes 10 seconds West, 1024.06 feet to a monument on the easterly side of Horton's Lane, the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 3 Rev (02/04) Fidelity National Title Insurance Company Policy Number: NY-FRVH-SAM-2730632-1-13-90365 Title No.: 1713-7404-90365-SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of 1. Survey made by Nathan Taft Corwin III dated 04/04/13 shows a frame shed; area subject to development rights easement; reserved area; farm road running thou easterly premises. 2. Policy excepts rights of others over and along that portion of the premises lying within the farm road running along easterly premises. 3. Declaration in Liber 12735 page 363. • • Schedule B Owner's Policy Page 4 Rev. (02/04) • = Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law 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 terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company (qU EY Y Y A I (j 'SEAL `V ~~w^ r ATTEST {J~/~~~~ 9scrMary • STANDARD NEW YORK ENDORSEMENT (7-01-12) FOR USE WITH ALTA LOAN POLICY (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent ro Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording ofthe deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured The following terms when used in this policy mean: by a purchase money Mortgage given to the Insured. (a) "Amount oflnsumnce":The amount stated in Schedule A, m maybe incressedor 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sec- The Insured shall notify the Company promptly in writing (i) in case of any litigation lions 10 and I I of these Conditions. as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come in an In- (b) "Date of Policy": The date designated a; `Date of Policy" in Schedule A. sured hereunder of any claim of title or interest that is adverse to the Title, as insured, and (c) "Entity": A corporation, partnership, trust, limited liability company, or other that might cause loss or damage for which the Company may be liable by virtue ofthis pol- similar legal entity. icy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is (d) "Insured": The Insured named in Schedule A. prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's (i) The term "Insured" also includes liability to the Insured Claimant under the policy shall be reduced to the extent of the prej- (A) successors to the Title of the Insured by operation of law as distinguished udice. from purchase, including heirs, devisees, survivors, personal representatives, or next of 4. PROOF OF LOSS kin; In the event the Company is unable to determine the amount of loss or damage, the (B) successors to an Insured by dissolution, merger, consolidation, distribu- Company may, at its option, require as a condition of payment that the Insured Claimant tion, or reorganization; furnish a signed proof of loss. The proof of loss must describe the defect, lien, encum- (C) successors to an Insured by its conversion to another kind of Entity; bounce, or other matter insured against by this policy that constitutes the basis of loss or (D) a grantee of an Insured under a deed delivered without payment of actual damage and shall state, to the extent possible, the basis of calculating the amount of the aluable consideration conveying the Title loss or damage. (1) if the stock, shares, memberships, or other equity interests of the 5. DEFENSE AND PROSECUTION OF ACTIONS grantee are wholly-owned by the named Insured, (a) Upon written request by the Insured, and subject to the options contained in Sec- (2) if the grantee wholly owns the named Insured, lion 7 of these Conditions, the Company, at its own cost and without unreasonable delay, (3) if the grantee is wholly-owned by an affiliated Entity of the named shall provide for the defense of an Insured in litigation in which any third parry asserts a Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the claim covered by this policy adverse to the Insured. This obligation is limited m only those same person or Entity, or stated causes of action alleging matters insured against by this policy. The Company shall (4) if the grantee is a trustee or beneficiary of a trust created by a written have the right to select counsel of its choice (subject to the right of the Insured to object for instrument established by the Insured named in Schedule A for estate planning purposes. reasonable cause) in represent the Insured as to those stated causes of action. It shall not be (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and de- liable for and will not pay the fees of any other counsel. The Company will not pay any lenses as to any successor that the Company would have had against any predecessor In- foes, costs, or expenses incurred by the Insured in the defense of those causes of action sumd. that allege matters not insured against by this policy. (e) "Insured Claimant": An Insured claiming loss or damage. (b) The Company shall have the right, in addition to the options contained in Section (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge orno- 7 of these Conditions, at its own cost, in institute and prosecute any action or proceeding or tice that may be imputed to an Insured by reason of the Public Records or any other rec- to do any other act that in its opinion may be necessary or desirable to establish the Title, orris that impart constructive notice of matters affecting the Title. as insured, or to prevent or reduce loss or damage to the Insured. The Company may take (g) "Land": The land described in Schedule A, and affixed improvements thatby, law any appropriate action under the terms of this policy, whether or not it shall be liable to the constitute real property. The teen"land"does not include any property beyond the Ham of Insured. The exercise of these rights shall not be an admission of liability or waiver of any the area described in Schedule A, nor any right, title, interest, estate, or easement in abut- provision of this policy. If the Company exercises its rights under this subsection, it must ting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or do so diligently. limit the extent that a right of access to and from the land is insured by this policy. (c) Whenever the Company brings an action or asserts a defense as required or per- (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, in- mined by this policy, the Company may pursue the litigation to a final determination by a eluding one evidenced by electronic means authorized by law. court of competentjurisdiction, and it expressly reserves the right, in its sole discretion, to (i) "Public Records": Records established under state statutes at Date of Policy for appeal from any adverse judgment or order. the purpose of imparting concoctive notice of matters relating to real property to purchas. 6. DUTY OF INSURED CLAIMANT TO COOPERATE ers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" (a) In all cases where this policy permits or requires the Company to prosecute or shall also include environmental protection liens filed in the records of the clerk of the provide for the defense of any action or proceeding and any appeals, the Insured shall se- United States District Court for the district where the Land is located. cure to the Company the right to so prosecute or provide defense in the action or proceed- Q) "Title": The estate or interest described in Schedule A. ing, including the right to use, at its option, the name of the Insured for this purpose. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would Whenever requested by the Company, the Insured, at the Company's expense, shall give permit a prospective purchaser or lessee of the Title or lender on the Title to be released the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting m the obligation to purchase, lease, or lend if there is a contractual condition requiring or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful e delivery of marketable title. act that in the opinion of the Company may be necessary or desirable to establish the Title 2. CONTINUATION OF INSURANCE or any other matter as insured. If the Company is prejudiced by the failure of the Insured to The coverage of this policy shall continue in force as of Date of Policy in favor of an famish the required cooperation, the Company's obligations m the Insured under the policy Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an shall terminate, including any liability or obligation to defend, prosecute, or continue any obligation secured by a purchase money Mortgage given by a purchaser from the Insured, litigation, with regard to the matter or matters requiring such cooperation. or only so long as the Insured shall have liability by reason ofwasmaties in any transfer or (b) Tle Company may reasonably require the Insured Claimant to submit to examina- conveyance of the Title. This policy shall not continue in force in favor of any purchaser lion under oath by any authorized representative of the Company and to produce for exam- 2730632 (5107) ALTA Owner's Policy (6/17106) w/New York coverage Endorsement Appended ination, inspection, and copying, at such reasonable times and places as may be designated 11. LIABILITY NONCUMULATIVE by the authorized representative of the Company, all records, in whatever medium main. The Amount of Insurance shall be reduced by any amount the Company pays under wined, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, any policy insuring a Mortgage to which exception is taken in Schedule B or to which the disks, rapes, and videos whether bearing a date before or after Date of Policy, that reason- Insured has agreed, assumed, or taken subject, or which is executed by an Insured after bly pertain to the loss or damage. Further, if requested by any authorized representative of Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be the Company, the Insured Claimant shall grant its permission, in writing, for any author- deemed a payment to the Insured under this policy. representative of the Company to examine, inspect, and copy all of these records in 12. PAYMENT OF LOSS ustody or control of a third party that reasonably pertain to the loss or damage. All in- When liability and the extent of loss or damage have been definitely fixed in accord- formation designated as confidential by the Insured Claimant provided to the Company ance with these Conditions, the payment shall be made within 30 days. pursuant to this Section shall not be disclosed to others unless, in the reasonablejudgment 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT of the Company, it is necessary in the administration of the claim. Failure of the Insured (a) Whenever the Company shall have settled and paid a claim under this policy, it Claimant to submit for examination under oath, produce any reasonably requested infor- shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all mation, or grant permission to securereasonablynecessary information from third parties other rights and remedies in respect to the claim that the Insured Claimant has against any as required in this subsection, unless prohibited by law or governmental regulation, shall person or property, to the extent of the amount of any loss, costs, attorneys' fees, and ex- terminate any liability of the Company under [his policy as to that claim. penses paid by the Company. If requested by the Company, the Insured Claimant shall ex- 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION mute documents to evidence the transfer to the Company of these rights and remedies. The OF LIABILITY Insured Claimant shall permit the Company to sue, compromise, or settle in the name of In case of a claim under this policy, the Company shall have the following additional the Insured Claimant and to use the name of the Insured Claimant in any transaction or lit- options: igation involving these rights and remedies. (a) To Pay or Tender Payment of the Amount of Insurance. If a payment on account of a claim does not fully cover the loss of the Insured Claim- To pay or tender payment of the Amount of Insurance under this policy together with ant, the Company shall defer the exercise of its right to recover until after the Insured any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were author- Claimant shall have recovered its loss. ized by the Company up to the time of payment or tender of payment and that the Compa- (b) The Company's right of subrogation includes the rights of the Insured to indemni- ny is obligated to pay. ties, guaranties, other policies of insurance, or bonds, notwithstanding any terms orcondi- Upon the exercise by the Company of this option, all liability and obligations of the tions contained in those instruments that address subrogation rights. Company to the Insured under this policy, other than to make the payment required in this 14. ARBITRATION subsection, shall terminate, including any liability or obligation to defend, prosecute, or Either the Company or the Insured may demand that the claim or controversy shall be continue any litigation. submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the In- Land Title Association ("Rules"). Except as provided in the Rules, there shall be nojoin- sured Claimant. der or consolidation with claims or controversies of other persons. Arbitrable matters may (i) To pay or otherwise settle with other parties for or in the name of an Insured include, but are not limited to, any controversy or claim between the Company and the in, Claimant any claim insured against under this policy. In addition, the Company will pay sured arising out of or relating to this policy, any service in connection with its issuance or any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were author- the breach of a policy provision, or many other controversy or claim arising out of the ized by the Company up to the time of payment and that the Company is obligated to pay; transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance or is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. (it) To pay or otherwise settle with the Insured Claimant the loss or damage pro- All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be vided for under this policy, together with any costs, attorneys' fees, and expenses incurred arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant by the Insured Claimant that were authorized by the Company up to the time of payment to this policy and under the Rules shall be binding upon the parties. Judgment upon the that the Company is obligated to pay, award rendered by the Arbitrator(s) may be entered in any court of competentjurisdiction. :n the exercise by the Company of either of the options provided for in subsections 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT W (ii), the Company's obligations to the Insured under this policy for the claimed (a) 'Ibis policy together with all endorsements, if any, attached to it by the Company loss or damage, other than the payments required to be made, shall terminate, including is the entire policy and contract between the Insured and the Company. In interpreting any any liability or obligation to defend, prosecute, or continue any litigation. provision of this policy, this policy shall be construed as a whole. 8. DETERMINATION AND EXTENT OF LIABILITY (b) Any claim of loss or damage that arises out ofthestatus oftheTitle orbyanyac- This policy is a contract of indemnity against actual monetary loss or damage sus- tion asserting such claim shall be restricted to this policy. wined or incurred by the Insured Claimant who has suffered loss or damage by reason of (c) Any amendmentoforendorsement to this policy must be in writing and authenti- matters insured against by this policy. cared by an authorized person, or expressly incorporated by Schedule A of this policy. (a) The extent of liability of the Company for loss or damage under this policy shall (d) Each endorsement to this policy issued at any time is made a part of this policy not exceed the lesser of and is subject to all of its terns and provisions. Except as the endorsement expressly (i) the Amount of Insurance; or states, it does not (i) modify any of the terns and provisions of the policy, (ii) modify any (ii) the difference between the value of the Title as insured and the value of the prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insur- Title subject to the risk insured against by this policy. ance. (b) If the Company pursues its rights under Section 5 of these Conditions and is un- 16. SEVERABILITY successful in establishing the Title, as insured, In the event any provision of this policy, in whole or in part, is held invalid or unen- (i) the Amount of Insurance shall be increased by 10%, and forceable under applicable law, the policy shall be deemed not to include that provision or (ii) the Insured Claimant shall have the right to have the loss or damage deter- such pan held to be invalid, but all other provisions shall remain in full force and effect. mined either as of the date the claim was made by the Insured Claimant or as of the date it 17. CHOICE OF LAW; FORUM is settled and paid. (a) Choice of Caw: The Insured acknowledges the Company has underwritten the (c) In addition to the extent of liability under (a) and (b), the Company will also pay risks covered by this policy and determined the premium charged therefor in reliance upon those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of the law affecting interests in real property and applicable to the interpretation, rights, rem- these Conditions. edies, or enforcement of policies of title insurance ofthejurisdiction where the Land is lo- 9. LIMITATION OF LIABILITY cated. (a) If the Company establishes the Title, or removes the alleged defect, lien or en- Therefore, the court or an arbitrator shall apply the law of thejurisdiction where the cumbrance, or cures the lack of a right of access to or from the land, or cures the claim of Land is located to determine the validity of claims against the Title that are adverse to the Unmarketable Title, all as insured, in a reasonably diligent manner by any method, includ- Insured and to interpret and enforce the terns ofthis policy. In neither case shall the court ing litigation and the completion of any appeals, it shall have fully performed its obliga- or arbitrator apply its conflicts of law principles to determine the applicable law. lions with respect to that matter and shall not be liable for any loss or damage caused to the (b) Choice of Forum: Any litigation or other proceeding brought by the Insured Insured. against the Company must be filed only in a state or federal court within the United States (b) In the event of any litigation, including litigation by the Company or with the of America or its territories having appropriate jurisdiction. Company's consent, the Company shall have no liability for loss or damage until there has 18. NOTICES, WHERE SENT been a final determination by a court of competent jurisdiction, and disposition of all ap- Any notice of claim and any other notice or statement in writing required to be given AM, adverse to the Title, as insured. to the Company under this policy must be given to the Company at Fidelity National Title We) The Company shall not be liable for loss or damage to the Insured for liability vol- Insurance Company, Attn: Claims Department, P. O. Box 45023, Jacksonville, Florida rily assumed by the Insured in settling any claim or suit without the prior written con- 32232-5023. sent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 2730632 (5/07) ALTA Owner's Policy (6117/06) w/New York coverage Endorsement Appended c • ° v E N A N T S ~ R E S T R I C T I O N ~ S I IIIIIII IIII (IIII VIII VIII VIII VIII VIII VIII IIII (III 111111 VIII (IIII IIII ull SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/03/2013 Number of Pages: 6 At: 05:10:37 PM Receipt Number : 13-0081176 LIBER: D00012735 PAGE: 363 District: Section: Block: Lot: 1000 055.00 01.00 009.000 EXAMINED AND CHARGED AS FOLLOWS eceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $30.00 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 $7.50 NO RPT $60.00 NO Fees Paid $137.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • RECORDED [013 Jul 03 05:10:37 P11 Number of pages JUDITH R. PASCALE CLERK OF • 51 FFOLK COUNTY L 600012735 This document will be public P 363 record. Please remove all Social Security Numbers prior to recording. Deed/ Mortgage Instrument Deed/ Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page / Filing Fee 3o Mortgage Amt. 14 t. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. or EA-5217 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. (on Dual Town _ Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit Cerdfr~rJ.r 1f® The property covered by this mortgage ie or will be improved by a one or twc NYS Surcharge 15. 00 87 family dwelling only. Sub Total YES or NO - Other 2 Grand Total 3l If NO, see appropriate tax clause on • n C page# of thi Instrument. 4 1 2516596 1000 05500 0100 009000 009.000(•_.75 Community Preservation Fund Real P ? T S Consideration Amount $ Tax Se R LPA A IIN1II HIg11 111~IyI~w 111NI1A11~I~'I 1111 Age 28JUN-13 CPF Tax Due S Verifi< Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land Susan Tuths, Esq. TO 33 Flying Point Road TO Suite 208 Southampton, NY 11968 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name cd#-; ill -riTte- www.suffolkcountyny.gov/clerk Title# 13-740 - 03t.3' 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants & Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Peconic Land Trust-Incorporated The premises herein is situated in SUFFOLK COUNTY, NEW YORK • TO In the TOWN of Southold In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS AND RESTRICTIONS AI- I X96ilimp "9017d 30 /n14VAWN4 THIS DECLARATION, made as of this - day of May, 2013, by PECONIC LAND TRUST, INCORPORATED; thereinafter referred to as the "DECLARANT"; as owner of the premises designated as SCTM #1000-55-1-9 and shown on a survey prepared by Nathan Taft Corwin III Land Surveyor dated April 4, 2013, a reduced copy of which is attached hereto and made a part hereof, a portion of which is designated as the " Reserved Area" and described in the metes and bounds description attached hereto and made a part hereof, hereinafter referred to as the "Reserved Area". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 3340 Horton Lane, Southold, 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 a Development Rights Easement dated May 21, 2013 for a part of SCTM #1000-55-1-9 (the "Development Rights Easement"); and -)K A b a S~~tw~'oo"t+a~osL1 • yw~W,AA WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (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 Reserved Area, 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 Reserved Area 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: • 1. Declarant shall not make an application for subdivision or for any other relief from the Town of Southold that would allow the subdivision of the Reserved Area from the area which is subject to the Development Rights Easement (the "Easement Area"), unless the Easement Area is reconfigured or merged with another area which is subject to a development rights easement or other conservation instrument, so that the Easement Area remains at least 10 acres in size and is combined with an area with all building rights intact. 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. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity, of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. • 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 bylaw 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 subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: PECONI LAND TRUST, INCORPORATED • By: tlll t J. u eld, Vice President STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the d( day of May in the year 2013 before me, the undersigned, personally appeared Timothy J. Caufield, 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. XK-- tary Public RDW:W DEFRESE No Wi17~Y'r` C~Ift&I6 WWty CWWJWME=kU0dDbWZ4. /?oP4 • • Fidelity National Title Insurance Company • TITLE NO. F13-7404-90365SUFF 03-/10113 Re-Amendled FOR INFORMATION ONLY - RESERVED AREA: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the easterly side of Horton's Lane distant North 08 degrees 57 minutes 10 seconds West; 122.62 feet from the northerly end of an arc of a curve connecting the easterly side of Horton's Lane and the northerly side of North Road (C.R- 48) which said arc of curve has a radius of 40.00 feet and a length of 72.56 feet; RUNNING THENCE along the easterly side of Horton's Lane North 09 degrees 01 minute 20 seconds West, 150.14 feet to Development rights easement area; THENCE the following 5 courses and distances along the Development rights easement area: 1) North 71 degrees 48 minutes 10 seconds East;126.74 feet; 2) South 09 degrees 01 minutes 20 seconds East, 129.90 feet; 3) North 71 degrees 48 minutes 10 seconds East, 728.15 feet; 4) North 10 degrees 21 minutes 50 seconds West, 258.91 febt; 5) North 71 degrees 48 minutes 10 seconds East, 168.74 feet to land now or formerly on Map of Final Plan for "Dickerson Farm"• THENCE South 10 degrees 20 minutes 10 seconds East along last mentioned land, 75.22 feet to land now or formerly on Minor Subdivision Map of Edward D. Dart' THENCE South 10 degrees 21 minutes 50 seconds East, along last mentioned laa¢, 203.88 feet to the land now or formerly of BCC Restaurant Corporation; THENCE along land now or formerly of BCC Restaurant Corp. South 71 degrees 48 minutes 10 seconds West, 1024.06 feet to a point on the easterly side of Horton's Lane, the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which • by law constitute real property. FOR CONVEYANCING ONLY.' Together with all the right, title and interest of the part of the fast part, of in and to the. land lying in the street in front of and adjoining said premises. SCHEDULEA-1 (Description) Rcv.(03/04) KEY MAP SURVEY OF PROPERTY SrFUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-55-01-09 d SCALE 1"=100• APRIL 4, 2013 AM - 999.339 .q. fl. Imul 16.731 °e. cpn7vmp NEW COIOCOIAn Ew]9], MCOPPO( M+m ]OWN OF SOUTHOLD (10(lRY NM1]gNµ Tll( W9uMNCE fAM91NY p DEED KFER(NOES M( TO OE(D UP(9 12419 PACE I13. 00 w. ?1 \ p00.30 fINY 'O]{ 4 Nu~,~~ 4 M on~°~ 'mEM,O o ~A°• g w m 4 H ]1 ~ 0 1~ zt. z~ ~a ~ w 5 t 3 ° rlf t,P11~~ M' W. Q{y 11 w~`° ~ " ~ 1 °e. Q tit ~ N x ~s4~:~ f 0 1 ~12 3e S ¢ O ?N•" yll M C~fpfS fA t1a ~s !J / \01y q~ (~~J a' A n.~y U i W Np0 q Mw tN 1 £ q ]ice ' 9R 99ettu • 5]\'Ae lo. " ~ oi~e°° NWnts ! rt 4 ~ o9+°wrN A6~ ~~"m° e PP ~CR °+Fad'o OF Nfh,\t ZyoRSt~ • `t. :^x Nathan Taft Corwin II Mrss~ Land Surveyor Samr MAebAy ~U. tree twelolDn-mm ru lenl]n-t]a i~uoeain~1 w w °4~ ~R,e1N Nw9c /nn] m e9°Sr Ni°+~ewwvu +••..nl w• n. ttN° I+a.•t~i'x.: r:i it9 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 Properly, 5 h Floor 5 Broadway, Albany, New York 12233-4256 v one: (518) 402-9442 • Fax: (518) 402-9028 - Website: www.dec.ny.oov Joe Martens Commissioner. July 15, 2013 Department of Land Preservation Town of Southold P.O. Box 1179 Southold, New York 11971-0959 Attn: Melissa Spiro, Land Preservation Coordinator Dear Ms. Spiro: We have received in our office the following conservation easement: • CE: Suffolk 593 Grantor: Peconic Land Trust Incorporated Liber: D00012735 Page: 364 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 Bureau of Real Property AE • JUl 18 2013 DEPT. DF IAND PRESE AT OFFICE LOCATION: MELISSA A. SPIRO ~pf SOTown Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 • melissa.spiro@town.southold.ny.us y_ (corner of Main Road & Youngs Avenue) Telephone(631)765-5711 G Q Southold, New York Facsimile (631) 765-6640 MAILING ADDRESS: OIP.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 26, 2013 Timothy Canfield, Vice President Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: NYSDEC Conservation Easements Registry CE: Suffolk 593 • Dear Tim: Please be advised that the Town's purchase of a development rights easement on property located at 3340 Horton Lane in Southold 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 593. Ve , ry truly yours tt > 1 Melanie Doroski Sr. Administrative Assistant enclosure • OFFICE LOCATION: MELISSA A. SPIRO SO(/ry Town Hall Annex LAND PRESERVATION COORDINATOR 54375 Stale Route 25 • melissa.spiroC&town.southold.ny.us (corner of Main Road & Youngs Avenue) Telephone (631) 765-5711 G Southold, New York Facsimile (631) 765-6640 ~O MAILING ADDRESS: ~yComm, P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 9, 2013 NYSDEC Bureau of Real Property 625 Broadway, 5`s Floor Albany, NY 122334256 Attention: Carmen L. Story Acting Land Acquisition Section Chief Re: Conservation Easements Registry PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Dear Ms. Story: • Enclosed please find a certified copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: Peconic Land Trust, Incorporated GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 07/03/2013 LIBER: D00012735 PAGE: 364 LOCATION: 3340 Horton Lane, Southold EASEMENT ACREAGE: 13.897 acres SUFFOLK CO TAX MAP p/o 1000-055.00-01.00-009.000 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, QQ'~ 4v'o Melissa Spiro Land Preservation Coordinator • enc. cc: Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 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 + is 7 acres of active farmland and/or - acres of non-farmland, situated at Suffolk County Tax Map No. p/o 1000-55-1-9 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. • Project Sponsor Landowner TOWN OF SOUTHOLD PECONIC LAND TRUST, INCORPORATED S OTT A. RUSSELL, Supervisor Ti th . Ca eld, Vice President 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the c?( day of 17L4% 2013, 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 ther by like order. Notary Public ROePRTOEFR Nowyroboserad wyo* No OiDEMM STATE OF NEW YORK) CA0086Ingo* CM* - Cwrmd9n omr.a )ss: ~~Y COUNTY OF SUFFOLK) On the 6?t day of /Aqy 2013, before me personally appeared Timothy J. Caufield personally known t~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 • ROOM DEFRM n0MV p ,o s~Y0rk No. arras ti &d* Cant Comnj"W E=kw o 6obar 24. a lt, • ~S • Fx~sgx STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS Division of Land and Water Resources 106 Airline Drive, Albany, New York 12235 Tel: 518-457-2713 Fax: 518457-3412 www. agriculture.nv.go August 1, 2013 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: Timothy J. Caufield, Vice President Peconoic Land Trust, Inc. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. ncerely, ROBERT SO S, Ph D Manager, Agricultural Protection Unit RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair INECE011/1ED • File: AP13/028-W AUG - U lfll 5 2013 DEPT. OF LAND PRESERVATION MELISSA A. SPIRO OF soy OFFICE LOCATION: LAND PRESERVATION COORDINATOR ryQ Town Hall Annex All 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road & Youngs Avenue) Southold, New York Telephone(631)765-5711 G • Facsimile (631) 765-6640 MAILING ADDRESS: l`COU P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 9, 2013 Robert Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 Re: PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Part of SCTM #1000-55.-1-9 Dear Mr. Somers: Enclosed please find the "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell and Timothy J. Canfield as Vice President of Peconic Land Trust, Incorporated at a closing on a development rights easement on farmland formerly identified as part of SCTM 41000-55.-1-9. Details regarding this easement are as follows: GRANTOR: Peconic Land Trust, Incorporated GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 07/03/2013 LIBER: D00012735 PAGE: 364 LOCATION: 3340 Horton Lane, Southold EASEMENT ACREAGE: 13.897 acres SUFFOLK CO TAX MAP p/o 1000-055.00-01.00-009.000 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. P ~ R O P E R T Y R E ~ C O R D S • gpFFO(,r OFFICE LOCATION: MELISSA A. SPIRO O~Q 449 Town Hall Annex LAND PRESERVATION COORDINATOR ~.t. % 54375 State Route 25 • melissa.spirooa town.southold.ny.us p < (comer of Main Rd & Youngs Ave) Southold, New York Telephone (631) 765-5711 nZf Facsimile (631) 765-6640 y • ~g MAILING ADDRESS: -701 ~a0 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 Planning Board Public Works Trustees Peconic Land Trust The Nature Conservancy Suffolk Co Division of Real Estate From: Melissa Spiro, Land Preservation Coordinator Date: May 21, 2013 Re: PECONIC LAND TRUST. INCORPORATED (f/k/a NEW SUFFOLK LAND CO IV LLC) to TOWN OF SOUTHOLD Part of SCTM #1000-55:1-9 • Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 3340 Horton Lane, Southold SCTM part of 1000-55.-1-9 PROPERTY OWNER: Peconic Land Trust, Incorporated CONTRACT DATE: April 25, 2013 PURCHASE DATE: Closing took place May 21, 2013 PURCHASE PRICE: $ 903,305.00 ($65,000/buildable acre) EASEMENT ACREAGE: 13.897 acres TOTAL PARCEL ACREAGE: 15.734 acres RESERVE AREA: 1.837 acre (80,000 sq ft) FUNDING: Community Preservation Funds • ~?Z R[6 SEE SEC NO O , ff No m 1,iG MATCH l1NE IIAtw~_ Xss+ov ffi A aT 1 E PGL NO:. EE NO.\. 1 t~ ~d9 sAl^) S t51FF~SEC.O0t -1101 • 1Sm 4 ryAlp C)O NORNI as P 1xyc1 ? 6 2 _ J 1.4A(c) \ t P i al p£ 11 O f 1U01 `Qy ~tl ,3 \ 15.1 xa 2 a' + ,pK P 1W1 M1 10~ 21AIc) 3.M G 55 51 6 b a5\ O y P100.5 y 11A 15AI[I I] N f + a GA /at1 ,1 \ a. tt A t 5 3 hK t 1-0] I 9.1 6 4.3 n'5.1 0.1 f VR.. 1 q M•.p 1 p RS~'y]+MP3 m-zoos \ 1 z1A s a6a as a. 3a Y ! 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F4 rte } ? r _ 40 1 , ef- Y M l;a 104, JG T, op, ALL 41 41 4-";-i TIM ra Site or off or- op It ~;XoMll Site. 3340 Horton Lane, Southold, New York Year. 201 p n s- 1 y{'~"` r , ~~.y, V y( ,r _ • r~ j~''S i't' 31 ,46 n ~tl f. ~ r ?j46 go* ~ 1 r Site .r L4 may; IVIF-7, v r. flu. ~~r r g • • Site. 3340 Horton Lane, Southold, New York Year• 2009 • x ask}K'+,l~4Klll7rr ~~d IF IWO* -IX ILI ar x pht, Y 11 MI A ~ rT " r a ~ • 4 ~ . AA's' , ~ o ~ ~9~ • 4 Z Y, ~j. vf- d duly 1 Site e • f~ ~w~s 4 J~ 46 } T • r * r • • Site. 3340 Horton Lane, Southold, New York Year. 2008 • • p t V !y, W d k !•1TSFY_. ~i~ ~ ~ p ~ 9 'k ~ ~ c', elf s j R i '~F Y ~fP6 w 64, pop # t ~ w Site IF 40 , • • a yid ' ~G _ - T h • • Site. 3340 Horton Lane, Southold, New York Year• 2006 • ti~ 4 i'A ~ y - nO ra ~kkr~ s, ~ say 01 12. lb; V 117 00 I. Pik • _ w 0. 0 r o t_ Site 0. t, '~Q [[P , ? ' V* W It a hl, it~SiT~ ~ w . • Site. 3340 Horton Lane, Southold, New York Year: 1980 • • ~4 9•" 1 • a ~ t yc Af f F :,:'t k4As ; w r I { t". E• t . s~ • • Site: 3340 Horton Lane, Southold, New York year. 1976 • • w s ~A\'' ~ r .r ~ .ibbl 016, A A..' L . .HMO r , J1 t , s K~, a .r • , lee ~-itn Site • b f VALI ANEW -I ' ,,.,Y` ( 'i i i¢ :'.c ~ art •~~'t • • Site. 3340 Horton Lane, Southold, New York Year: 1969 • • J fR. i 74 { 171 .r r~1 . . b" 1 woo f w v r r>o ih a 411, .70 Site. 3340 Horton Lane, Southold, New York Year.• 1960 • ti a.,a y 40 'Y - al r S s~ J -f~ 1 R T1~ r`rt f~lw 6 1; 1 x?- 1 it VrrA +V!` . r, r co. 1r r. Site R i t a M1 ~ `mot, . y 1,41 Site. 3340 Horton Lane, Southold, New York Year: 1957 • y. i A 2Y„ d~Il'~ ,ii - u~°n y~P u+ y Styr k.; ` M~r~. J1 • Y: kt t l ~5 t v r w 4c l~ l y 1t)T6~ ~Y C ' f • Site. 3340 Horton Lane, Southold, New York Year.• 1954 • • • 4 1 r i f i • .a R • • Site. 3340 Horton Lane, Southold, New York Year.• 1947 • F;~kl ~ ~ gyp"'" , • ~p , Ape, F, iii0fole- ;q Yn ~ l Yp My`'. I ( rd f ` JI rGA~Y'' ~ a sC'~~Y R P VI: W y.`~ 1n. l IiR; t) Y • , ~~fa;d' ,sar' 1 91'~ . r IV t ~ Fh y Mtl° '.fl iM • Site. 3340 Horton Lane, Southold, New York Year.• 1938 • S ~ U R v E Y (p "q, 0Eo KEY MAP SCALE I° SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Apr S.C. TAX No. 1 000-55-01 -09 SCALE 1"=100' f APRIL 4, 2013 <y g AREA = 685,358 sq. H. SUBJECT 15.734 Oc. PREMISES, CERTIFIED T0: NEW SUFFOLK LAND Co. IV, LLC PECONIC LAND TRUST, INCORPORATED g TOWN OF SOUTHOLD pg@ FIDELITY NATIONAL TITLE INSURANCE COMPANY m\ o ~D REFERENCES ARE TO DEED USER 12419 PAGE 473. 100. ~tH 0010 ~n 9 401 ~HH N £ 5 FINAL If f. ,lie` WNW \ ~p6 ~D , DN" t 5YG1 Ns 1aN° as.o" Ln 51Wo `ON iVio BEa SsPApCEE 11 N g' d r, i v N v r 0 0 4C © ~x YA N 5~OZ EUffE N ~R~ NT~23 2 w ~6 ~ ' c to $ ~ 7 Y Az `y A g~ 431..•. 1R A9\6 W O 0 51 68;1 ~.i N A rt• E O: MF .L yfMt n Nt5 fNSC o f yENt 0.oTy0W N •I N 0/° A'A y E'16 N g~^e S• z VffOP OF cl N 1 i ~Ea SUHf~Q\B~~f Ss W3A0.T ~ 'I no -4.A70c rQ C5 ~O Y R, y a'N A1A~ ~lfnd:t ~ Cu O ~e ~q4T 0 FAA t,l Et HP Y • ,1 3 128 \ J 02 ofGE01 W L\01x.5 F 11. 9 5 1 \126.1 A p0,p00 sR -l 0 b 0.f5t fO ~.i T109 N O O, N10IFCOpPOPA o 0 5 1 \.45 \O. i'" i d Oct, £ 00 m i LD 5g :F. ,w 5~Y Aa NI,W ~J 0/O/F0Ut0060 D V¢EOPyENt p10 iv~l1AAss.n ' o wo°U) NNNAIE IN ..E .1. TOE E L~ FW sua = w THE NEW FORM n+p JAD o ~C R • TIP[ AMMA. R. H. ` g0 P~ z=6• T~ rl0g N.Y.S. Uc. No. 50467 I.INM ,.T, uMAIVNA Nathan Taft Corwin III ttN~ t> W RN NE. FORM 1r1',Lr EOREEElRNPNYYY"Alo" 9 Land Surveyor No, jV m uc rvmS ww 1. Is4:°.•.Y~n MHE ots'. a caRrcam =0 11,( Ia w4u JaxON *.SN.rEWWgURO ,(HIGH M RYI 11C EVInCV SuccsMOr te: Jmph J A. J. Ing.gno Y9no L M L. S. .S. MIE Opzar /MNty /x4 Tilts Swwp - SYOGrdw - S14 ROM - CO lItHlbOn l%aul LOW MONNON YSTE9 NUIEW W SURVEY R 1mPMEOcWPUn, aE w sEws 19 w To 1. ASSNREES VTHE uNNHO- GPHONE (651)727-2090 FCS (631)727-1727 1.1m, EEAPiMrJOaaNS NM «or IIONg[R,E. THE ESMRNCE OF Eqm OF As" 1N5$S 6 OFI AN, R,ARO mC AT uuP.O. .O.BO. AO 6OR[55 ANO/OR EASEYMYS 01 RECORD. 11 l ANY. NOT S AI 4H W OWIIANREO. JomPSPRL. No YM 11947 JomOWRI. WN YRL 1190 33-05 G~ °`s~~O p p NOR RpAD KEY MAP SCALE 1"=600' SURVEY OF F OF PROPERTY SITUA7 SITUATE SOUTH( OUTHOLD TOWN OF SC OF SOUTHOLD ;OUNTY, NEW YORK e g SUFFOLK COUNTY 2p~`~ g S.C. TAX No. 1001 4o. 1000-55-01 -09 SCALE 1"= -ALE 1"=100' tiO?r°~ m APRIL 4, WRIL 4, 2013 a 4\.F AREA = 685,358 = 685,358 sq. ft. SUBJECT 15.734 15.734 ac. PREMISES J CERTIFIED TO: NEW SUFFOLK LAND Co. I LAND Co. IV, LLC 7 TRUST, INCORPORATED i PECONIC LAND TRUST, INC TOWN OF SOUTHOLD )THOLD FIDELITY NATIONAL TITLE I ONAL TITLE INSURANCE COMPANY NOTE: ;:..:NO~NaoW ~pN wel DEED REFERENCES ARE TO DE S ARE TO DEED LIBER 12419 PAGE 473. c c N µpPp lpRpel ~ NoR\ c ~ L O Z ~ C 1 J J FINAL Si SURVEY N FOR M' ppUN O, FI1~gSQ~ P NoFO pp6~ 1 X06 DZCB OF 1 e09T ns w o w£iow to ° M tNE pEM9E It 05-0 ON SEPt PARGEyO Q mn d H yy m~ x ~ nn LT> O O `3 T W ~~b ' N\ y E i F\ r0o O m n Ora \FJ` E DEEO w y q © n F 9.°v GF"~o 7231 p0. .LO' ~ ui ~ ~ F~ ZC~ ~ 1X32 ~ yn or O O r . r m o ~O $ I F~ µpW $ G ~O G I Z Z 11 1 m \D II w W A ° O I [u SEMENS N o II t t0 OVtOW3 g'I S\c•tMOW I ~n~\n ; xo y O ;U c 00~EC 9~ I'A' 1 p y z TZ ~ v1 L 'il AREp 5 ME\9 ANEP ~ N O ~oy d ~dm a 1 O N n't c m T'" ~ - 1 W O mGm d y " T O d'~ y0 T ~O~ Go A . 1 ~ 1 ~ ~N~~l' " _e H C Fr O r H ~~r rO CIL i0 o~m~?f n m ,Z io I " a l 1 5 ~ 1,45 / o253 p6 p1 1 D tl g ~~12B.1b N/OqF CDRPUF+, 0 0 5 b8 10' W aT Dec RFSTAll 0', NN s 11 14101, T11011 0 1, 500 u' TOWN OPME14T g16HTS STANDARDS ED IN A CTIR PREPARED IN ACCORDANCE WITH THE MINIMUM Nom! DE~y BY THE LIALS. ANI SyTANDAR05 FOR nnE 5U AS ESTABUSHED I)I THE L.IAL.S. AND OPTED E N O FOR TRLE SUCHAssOUSCUTI r FOR SUCH USE 't ar T LAND Tff : A55OCIXn iE g~ SP.FT C0 <R,zss Ogg SAND N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION ADDITION TO THIS SURVEY IS A WO TI OF F Nathan T4 ian Taft Corwin III SECTION 7108 OF THE NEW W YORK STATE EDUaTION GW. COP195 Or F ' \ COPIES THIS SURVEY MAP NOT BEMNG Land .and Surveyor THE SURVEYOR'S INKED SEAL R UAND EMBOSSED SGT SHAU- NOT BE CONSIDERED TO BE A VALID TRUE RUE COPY . CERTIFICATIONS INDICATED HEREON SWAT. RUN Successor To: SLanle ONLY TO THE PERSON FOR WHOM THE SURVEY JoeeP Iccessor To: Stanley J. Isoksen. Jr. LS. Joseph A. Ingegn0 L.S. 15 PREPARED, AND ON HIS BEHALF TO THE TTIIE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions Sys - Subdivisions - Site Plana - Construction Layout LENDING INSTITUTOR LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INST- PHONE (631)727-2D9D 1)727-2D90 Fax (631)727-1727 TUTION. 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