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Home My WebLink AboutMaaratooka North, LLC (Marratooka) ~ ~as~~~ot'~oo 1000-115-2-p/o 6 Baseline Documentation 4 Premises: 17405 NYS Route 25 (Main Rd) Mattituck 18.0 acres Development Rights Easement MAARATOOKA NORTH, LLC to TOWN OF SOUTHOLD Easement dated July 30, 2013 Recorded August 9, 2013 Suffolk County Clerk - Liber D00012739, Page 839 • SCTM part of 1000-115-2-6 Premises: 17405 Rt 25 (Main Rd) Hamlet: Mattituck Purchase Price: $19138,330.00 (16.99 buildable acres Oa $67,000/acre) Funding: Community Preservation Fund (2% land bank) Grant Funding: $530,459 from NYS Agriculture & Markets awarded grant (C800753) CPF Project Plan: Yes Total Parcel Acreage: 22.5 acres Development Rights: 18.0 easement acres Open Development Area: 4.5 acres Subdivision Open Space: 1.01 acre (included in easement acreage but not included in purchase price calculation) Zoned: A-C Existing Improvements: In June 2013 - earth farm road, visible berm, tree line, goose pit DESCRIPTION LAND The subject is a 22.50± acre parcel of land described as follows: The property has an irregular but useable shape an irregular southerly borderof 560±' with 295±' of frontage along the northerly side of Route 25, an easterly border of 2,445±', a northerly border of 380±' (which fronts along railroad tracks), and a westerly line of • 2,385±', for a total area of 22.50± acres. The land is mostly cleared, generally level, and is situated at or near road grade. The above dimensions are taken from the Suffolk County Tax Map and last deed of record. • P ~ R O P E R T Y v • I s U A L S • SUBJECT PHOTOGRAPHS 1 1 ' View of Subject - F ~ acing Northerly Ni H 1`. y l P J , - View of Subject Improvements - Facing Northerly P-GIVE,N A S S O C I A I E 5 SUBJECT PHOTOGRAPHS i ALI- w.... 1n i a9 1 View of Subject Improvements - Facing Southherly ' b View of Subject Improvements - Facing Barn 1 RGIVEN A S S 0 C I A T E S 1 SUBJECT PHOTOGRAPHS a r 1 3- 1 i 1 View Easterly Along Main Road r 1 1 View Easterly Along Main Road 1 F-GIVEN A 5 5 0 C I A T E 5 A/ 7.17 U 1{, Q q 2.gd11c1 J ~ a, ss >15 i 1 7.19 6 0 e9 W' i ° O ' 1.111 ' 00 1 " 7.10 lIM0 i51 iCq~ + m t ci ~ tAl 1.52 iCy , r. SS 1.32 w i.5) P 7.54 7.31 / { u a 1 to 1.31 I J nm 51 7.35 - SEd u 1Y, 'g L1 23.Bp1U ' EOP Pa N4. FOR PCL N0. FOR PCL NO. FOR Pa. NO. ' SFE SFC. N0. SEE SEC. NO. SEE SEC. NO. 5EE SEC. NO. 115-02-0023 115-0}00) 115-02-009.3 FOR Pa. 0. 115-02-006 SEE SEC. NO. ` 115-02'0]0.2 Z 9.] y 12-00 l ' IB.SAICI 5W pIWOT 1031 16-0 )0-00 1 ,OxX,~JCxI 21.IA(e ' 0101 ~JC 6.1 to 0 I]-0 I1.0AIC 23.3R(C1 2.OR 's 5x 12, 26-0 li 17-0 r i .E.': Aw~*s - ' M 1v-o 6N0 2.1 [ rz ,t a °0 1 ]S O 2 0 = 13,041[1 'M 2 9 16 0 16-05 oEVflnsu[wpn Mm 5 en`r16tn1 s• n, 10.1 m g'. al. ' 29O 15 u0 a 1501 O 2,O PIC1 ° , Mx~yj, X _ 5-07 n i ~ y01 ° " .n4 § ~ 25 e.t S p° O 0 5.{1. a Sl e,! a, n 19 , T 1 • h _ B° y • 5 R0 y h C 'I ' Sa F 1 ~ s 2,. 11 6 e° IZ e m _ 2~ j3 ° m.uml 'y ' 1.3 O •n5 a 13 ~ 1 - ~ pal p LBPIC) q qN O 00 of 5 u eo q n E^ a N Sm .6 24~ pe y ,w 32B34 50'29 Ca 6-25 „r15 1,2P1c1 t' 1.O PI C1 ~ ^rc 2 ~ of Tax Map Location ' A • p P R A I S A L • M O T I O N • • LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, September 16, 2008 at 7:00 p.m. Members Present: John Sepenoski, Chairman Chris Baiz Monica Harbes Ray Huntington Lillian Ball Members Absent: Eric Keil Michelle Zaloom Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Gail Wickham - interested party Commencement: • The meeting began at 7:09 p.m. with five LPC members present. EXCERPT FROM ADOPTED 9/1612008 LPC MEETING MINUTES • MARRATOOKA NORTH LLC PROPERTY SCTM 1000-115-2-6 PDR Acreage: ±17.5acres Location: 17405 Route 25, Mattituck Zoned: A-C Total Acreage: ±23.3 acres (GS 22.73 acres) Subdividable: Yes CPF: Yes Reviewed new application. This project has been detailed on the 2008-2009 NYS Agriculture & Markets grant proposal recently submitted. Landowners provided letter of intent to sell development rights to Town; however, a formal LPC application is needed. MOTION made by Chris Baiz, seconded by Ray Huntington, to direct Melissa Spiro to commission an appraisal for a 17.5± acre development rights easement on property owned by Maaratooka North LLC. Motion carried: 5/0 • 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 17405 Route 25 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This report is intended to identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment; ASTM E 1527-05 and United States Environmental Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AAI)) on the subject property based on four (4) components of a Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix A provides a statement of limiting conditions. Appendix B includes the resumes of key personnel. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property consists of an undeveloped, ±17.5 acre development rights easement area, which is part of a ±22.5 acre parcel of land located on the north side of Route 25, approximately 550 feet east of Marratooka Lane and 350 feet west of Cardinal Drive. The property is more particularly described as Suffolk County Tax Map # 1000-115-02-6. The subject property is presently unimproved and consists of fallow field in the northern portion of the property and grass-covered land in the southern portion of the property. There are farm access paths along the property edges. The southern portion of the overall tax parcel (which was not subject to environmental review) contains a single-family home and a barn. According to Eric Kyle, the property owner, the subject property does not contain any storage tanks or wells. Mr. Kyle has owned the property for approximately ten (10) years and believes that it has always been utilized as farmland. Assorted trash and debris was observed on the northern property edge of the site bordering the railroad tracks. This debris included mostly rotting wood and pallet boards. In addition, a structure was observed on the western side of the property, which, according to Mr. Kyle, is the location for mounting a hunting stand during duck hunting season. There was no evidence of any staining, storage tanks, discharge, areas of stressed vegetation, residue of oils or other toxic substances, pools of discharge, petroleum or chemical odors, or other such indicators noted during the site reconnaissance. Sanborn Map coverage was not available for the area of the subject property. Aerial photographs from 1938, 1954, 1957, 1961, 1969, 1976, 1980, 1994, 2006, 2008, 2009 and 2011 were reviewed in order to determine if any prior uses occupied the subject property. The subject property appeared to be cleared, vacant farmland with no improvements in all of the available aerial photographs. In the earlier years, the majority of the surrounding area appeared to be i IEI.°.OY T6 V03V45. LlC EMJIPLYMTeNTPL • PI.AfNYiNG • CIXJ3LTNG 17405 Route 25, Mattituck Phase I ESA • utilized as farmland, with some residential development along Route 25, south of the subject property. In the latter years, the majority of the area in the immediate vicinity of the subject property remained farmland, but the residential development in the surrounding area increased. In addition, there appeared to be a school west of the subject property and a large commercial or industrial facility south of the subject property. The USGS Riverhead and Mattituck Quadrangle Maps dated 1904, 1944 and 1956 were reviewed. The review of the topographic maps revealed that the subject property was vacant farmland in all of the maps. There were no structures depicted on the subject property in any of the topographic maps, although there appeared to be structures present on the southern portion of the overall tax parcel. The surrounding area appeared to be very lightly developed, with mostly vacant farmland in the immediate vicinity of the subject property, with some structures present along Route 25 and a high school west of the subject property. An extensive government records search found no potential sources of environmental degradation on the subject property. Some Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) IHWD site was identified within one (1.0) mile of the subject property, and no active and two (2) closed LUST incidents, as well as one (1) active and seven (7) closed spill incidents are located within one-half (0.5) mile of the subject property. In addition, three (3) Petroleum Bulk Storage (PBS) facilities are located within one-quarter (0.25) mile of the subject property. • A Tier 1 Vapor Encroachment Condition (VEC) Assessment was conducted as part of this Phase 1 ESA, due to the proximity of several spill incidents. The assessment was conducted in accordance to the methods and procedures, outlined within ASTM E2600-10, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions. For this assessment, under conditions where the direction of groundwater flow can be ascertained, critical search distances are used to determine if a VEC exists. Specifically, the following distances are applied to the Tier I Assessment: Uoeradient Sources 1,760 feet for Chemical of Concern (COC) 520 feet for petroleum hydrocarbons Cross-gradient Sources 365 feet for COC 165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon sources with plume considerations Down-gradient Sources 100 feet for COC/petroleum hydrocarbon LNAPL sources 30 feet dissolved petroleum hydrocarbon sources Review of the regulatory agency database report provided for the subject property did not identify any sites located within the critical distances. Therefore, the subject property is not N "T NELS Rl E 6 VO'.I S LLC EMIY'bFMEMl+L • PLNJNM • CCN9 TlN Page 2 of 28 17405 Route 25, Mattituck Phase I ESA • expected to be adversely affected by a VEC. Based on the information reviewed, it is concluded that a VEC can be ruled out. This assessment has identified the following with respect to recognized environmental conditions, historical recognized environmental conditions and de minimus conditions in connection with the subject property, subject to the methodology and limitations of this report. No recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. Two (2) de minimus conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. 1. Assorted debris and litter was observed along the northern property edge. Although it is not expected to adversely impact the subject property, it is recommended that the trash and debris be removed. 2. If the property is to be used for residential or active recreation, it is recommended that a pesticide survey be conducted in order to ensure that the subsurface has not been impacted by farming operations. No historic recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. • NP&V has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-05 and USEPA AAI for the 17405 Route 25 property located in Mattituck. Any exceptions to, or deletions from, this practice are described in Section 11.0 of this report. In conclusion, this assessment has not revealed evidence of any recognized environmental conditions or historic environmental conditions; however, two (2) de minimus environmental conditions were noted in connection with the subject property, subject to the methodology and limitations of this report. • t dl nrru sr~c CQV6 Tln Page 3 of 28 • TO: File FROM: Melissa Spiro, Land Preservation Coordinator RE: Phase I Environmental Site Assessment for Maaratooka North LLC DATE: June 26, 2013 A Phase I Environmental Site Assessment (ESA) report dated May 14, 2013 was prepared for the subject property. The ESA did not find any recognized environmental conditions on the subject property. Two de minimus conditions were noted: 1. Assorted debris and litter was observed along the northern property edge. Although it is not expected to adversely impact the subject property it is recommended that the trash and debris be removed. 2. If the property is to be used for residential or active recreation, it is recommended that a pesticide survey be conducted in order to ensure that the subsurface has not been impacted by farming operations. The above mentioned conditions were reviewed by the Land Preservation Committee and the following conclusions were reached: 1. It was determined in a subsequent site visit using GPS locations that the debris was not located within the boundaries of the subject property; therefore, the landowner is not being required to remove same. • 2. The property is not proposed to be used for residential or active recreation; therefore, no further testing is required. • 1 1 1 1 Sgt ~'Avc ~ may, 1 Mattlhick FIGURE 1 Y~ w LOCATION MAP 17405 ROUTE 25 MATTITUCK N Source: ESRI Web Ma Aping Service Phase I ESA Scale: 1 inch = 1,000 feet 17405 Route 25, Mattituck i 5 ar Vin. ~i-rE f1 ~ ~.R r `iK A. S y r. '}~~t~t,'?L- ~ r~~~3 s ^3. Ali e•` vy~,J1 + S.li~ r ~~•,ry~~ ~ 1~( ~~j: Typical view of subject property from eastem edge 1 ypical view of subject property fi-om eastern edge r• ter:: I 7 y Vie» of subject property. looking north from eastern edge Typical view of subject property =IF i 17405 Route 25, Mattituck JZ7 3...•.`y_ r } ° J< 2i` 3F',.~''~ yr- ~tl}:. 9,a q s a 'a+ - 1' ; - N TI: JJ, e'a\h ~K .i3r •si~ ~~,3r. }"'s'~ 1 ~s\ y r~ ~'+e k,~''"tea ~ fi~F. g, ~ _L:~ - kjw Vies+~ of tank on adjoining property to the east View oftank on adjoining property to the east . . rM f ~C ^Y 3 f ~ y~ ~ :~~`~i~~~ fir; t; 'i •c T ~ All View of subject property Typical yicvv~ ol'subject property 17405 Route 25, Mattituck + try ~;1 r 6 tw.~ 4~. ~ y- , T r r f ~ 1! Vii. F d• l ~ -w~ ~P - ~ ~Q,y~. e.. ~ Vii. t ~ ~ V ~ 6. °4-a, ~ - i~ f~pie.)I ~iL~ of n0lthern 1)011101) ofsubject propert% Typical view of northern portion ofsuhject propert% ~ ~ h~~ - ~s ~ ~ der a~J. .f - _~"~~i" { c • ~ (i1 ~ 1 tisv~t~g t ~Yw _ ",~i ~!"'c-•~- . ~ ns J` s~ x_ ~ 41 R -Kok.,_ I apical tiiev% ui northern pcrrtion of subject pri~perq View of'wood dehris on northern propert% ed-e o ~ ~ ~ ~ s ~ t fir'. • , . ` * : , e .A~ r, ~ w r ,t r ~*1xy N JAI `y,~• ^'^Y,. t ate,' •y " y _ r~ s _°r "`•`A~++aao°.., y '.'4~.r f t 1J 'n ~y Q. n4! 4~n • k a ~ r i i ~ s r.. , 'S +5 i Ilk ,"t`f'~+.~~4 ~d M~;~' lY 'b~~, a..:~•r t qz +t. 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'2Y•'9 1 ~ \ 10 1 10 Ty i z- s " fir;' IN. _t ,a f a :,tom 5' ~ r'~y 24 ~~~:}'f ~ 4a i ~ NU% r ,ilk } 5 •Y R 71 AM, A 'FF Y• ~y S~ ~ 1 ii ^ Tr K per lwy(r k e <"'"i 5 ~ ~q y w ~d" ~ .F 'si; ^~.•yy s+~? t A'F1"i •r t 7" trYP~ ;:4{~~' 'a .7M! 7~ t ik' ~ ' .I 1~5FR~ ~2`• ~ 11 1} 1' rah. 4' y~ M ~~1'' 1 ~ Wt• o ~ 'b` ~ - is ~a 'j+.~ s\ A Yk. 71 Of E m X,,,~.d• 4 ~'"fir" ~ f' ; . µ x ~ ,~;.f p}~ , i• i,` 1 r 3 yif v'e't L - i~yt r~'rw ,~y ~ N'• u - 1.. .:i. .w~y~ ~ :.~h_,Y",~ 1 ADZ `~I ' G 1 x. Y4"". i R k r ,.4 hia t Cwt'yn FIGURE 2 AERIAL PHOTOGRAPH 17405 ROUTE 25 ft pAi w N MATTITUCK Source: 2010 NYS orthophotography gis.ny.gov N ~ Phase l ESA Scale: 1 inch = 1,000 feet r ~ y AA Lq " ? .q J Y. • 3 4 yZ x c r 3 Y . z Esc ' , T +80 g. k • L~ R-80 Fk ib 1. y ~ An~ 5:41• Fj ~ I ~ I'~f FIGURE 3 17405 ROUTE 25 ft PA LANDUSE MAP MATTITUCK r F; SID" G " Source: ESRI Web Mapping Service N Phase l ESA Scale: 1 inch = 375 feet 1 i r J4 r, 4 I tai. '~5~ 'e`''~M1~.,~I V: 1`r 4',~~ ,l+L -w,_. ~ ~~t h•~~~. a s { Y S~ h •v9,.F. y IN 71o -f'<Y r;~lpn ~ +ee~, ~ ~8 .r`, M~... ~ ~C~ a ~'~a?., w y „..{42 r ~ RNA ,I 9Y ~ Y a I Ir G ate .Arm S'a ~ ~ ws 'figg ~ ^rily r ~r lFi. h•P ..rte-~ ° 7" y My 'Ah w+ ~,r t Is,v y 1 a +R \ -pQ 3 Iw. T AC h, R.80 R ~h 4, yr' r dL w ! k CY; 114 'zFOi , a a{ 4~, a r r RQ, I l { ; .4. IT r HBO wr ~ , . ~ ~ k ' }~~x~ x~4 M{~.• , '}7 V '~y y '4 FIGURE 4 17405 ROUTE 25 A ZONING MAP MATTITUCK N r 'PE Source: Suffolk County, Town of Southold AREIS ~ Phase I ESA Scale: 1 inch = 1,000 feet r r RdA HaB RdA HaA RdB r RdA 1 1 HaA ' PmC3 RdA Rd RdC RdB HaA RdC 1 ' HaB RdB HaB 1 ' RhB HaB Tidal RdB RhB R h B Wetlands ' Mu PIC PIC Tm W PIC FIGURE 5 North Fork Preserve SOILS MAP Property, Riverhead ' Source: ESRI Web Mapping Service, N - -:P~_ - 'lOFruS AN• SSURGO soils by NRCS from gis.ny.gov Phase I ESA Scale: 1 inch = 500 feet +1 r 1 z k j 4 t, 1 as y,,p'r i N 4r i ivz FIGURE 6 17405 ROUTE 25 A TOPOGRAPHIC MAP MATTITUCK 'IE VOO !S LLC Source: ESRI Web Mapping Service, USGS T4, . P ANNNG . CCII, u. Phase I ESA Scale: 1 inch = 500 feet i i i 1 ' Matbtack 10 ft L au rel Water Table less than 10 ft above mean sea level 1 ' Ayuthague FIGURE 7 WATER TABLE 17405 ROUTE 25 MATTITUCK CONTOUR MAP JI' Source: ESRI Web Mapping Service, USGS SIM 30 2006 data, 2009 publication Phase I ESA Scale: 1 inch = 5,000 feet I 3 NOW lN:. r ,r { K f \ kr~ M '+niillAC 'i, ~ 4y~ ' tl 1 !1 II 1 I' N' l d Ar ~ I x II "D i I ~ Y ~ 1 LiOr I I F tA=' ~ f11V1Q ^I I ~ l1M.7Q \ f I owl \ ¦ „ t 9 «w~ r rotx an~oml ' V MAID s ]r DEEP HOLE r•~w I CREEK "m, vM.fA NMN ftW I• 1 \ R' rl I NOW j f' I 1 f Are ~wtow U "wr FIGURE 8 w WATER MAIN MAP 17405 ROUTE 25 Source: ESRI Web Mapping Service, MATTITUCK N nl r H" Suffolk County Water Authority Phase I ESA Scale: 1 inch = 1,000 feet PUBHx PSS1Ax PUBHx PUBH PUBHh PUBFx PEM1Ch PUBHx SS1E 2EM1Pd PSS1R E2EM5P PF01Eflr,.. E1UBL PSS1/F01E L1UBH E1ABL E1ABL mat tit tick E1AB1L E1UBL ' PF01E E2EM1Pd E1ABL E1ABL ' E1 UBLx E1UBLx E2EMiPd E1ABL E1AB1L E2S51 P E2EM 1 Pd FIGURE 9 NYSDEC 17405 ROUTE 25 `W MATTITUCK WETLANDS MAP <<_ Source: ESRI Web Mapping Service, NYSDEC N Cr-11 - Freshwater and Tidal Wetlands Map ~ Phase I ESA ' Scale: 1 inch = 1,000 feet ' PUBHx PSS1Ax 1 PUBHx PUBH PUBHh PUBFx PEM1Ch PUBHx SS1E ' E2EMlPd ' PSS1R E2EM5P ' s PF01 E't E1UBL PSS1 /F01 E L1UBH E1ABL E1ABL MattOuck E 1 AB 1 L E1UBL PF01E E2EMlPd E1ABL E1ABL ' E1UBLx E2SS1P E1UBLx E2EM1 Pd E1ABL PAWL E2EMlPd FIGURE 10 17 ROUTE 25 NATIONAL WETLANDS MA ~ TTITUCK I' INVENTORY MAP E._, Source: ESRI Web Mapping Service, National " Wetlands Inventory Map Phase l ESA Scale: 1 inch = 1,000 feet II 0.2 PCTANNUAL CHANCE FLOOD HAZARD 1 1 0.2 PCTANNU CHA CE FLOOD HAZARD lei AE 0.2 PCTANNUAL CHANCE FLOOD HAZARD J .J `,ya`'t gAva f ; Mattllua AE AE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD FIGURE 11 17405 ROUTE 25 w FEMA FLOOD MAP MATTITUCK Ili~N Source: ESRI Web Mapping Service, FEMA Phase l ESA Scale: 1 inch = 1,000 feet i Toxics Targeting j 1 Mile Buffer Search Map / f/ 17405 Route 25 Mattituck, NY 11952 P ~~I i ~ Suffolk Count National Pnorlry ~List(NPL) r o 21 Inactive Hazardous Waste InacL Haz Waste Dlsp. Q ~ ~ A~ SGT I~ ®Disposal Registry Site ~ Registry Qualifying NN / a 17405 Route RCRA Corrective ~s rr Action Facility J ~ ~ 111 r ~ ,enaa - % rii ~r \ 4\q / Iip zi I Ij. G Ne RoMAe r1 I'II 11 1 I4 1 10 1 ~4~~ cg ~I I~I- 1~ III 11 a £ ~ 4 I f rJ5 i ~ i 11 t e .q I In )l~ I E ~ Subject l vP ~ - ~ ~ 1 ~ Area Waterbody I County TrRailroad acks ~ Border ® 1 Mfle - - 112 Mile us Radius Rod i \ : ~•n`;~k mane :rokr:,. .,'°'g ;..j~tF ' _ - _ - - - - 114 Mile 1/8 Mile Radius Radius Toxics Targeting 1/2 Mile Buffer Search Map f 17405 Route 25 I / . Mattituck, NY 11952 / a N I ' 9 a V ? li ~d 9 ? a Suffolk County u i ~4~a o Delisted NPL Site 1 ~n i } I` ? ,.p., CERCLIS Super fund # CERCLIS Superfund Non-NFRAP Site `tY NFRAP Site 17405 Route 25 Hazardous Waste Treater, \ 5 ® Storer, Disposer Hazardous Substance Solid Waste ? u ® Waste Disposal Site Facility Ote Brownfields m S II Hazardous n r Material Spill MTSE Gasoline o g + 5 i/ I IIR ® Additive Spill 4 ~ 8 ~ II k t ? v' s 1 9 I Subject ip ~T Weterbody m Area 0 0 ~ Q Q Q m er Tacksd Border lu tO 6nrgd 3i 1 Mile 1/2 Mile Rd q - _ = 1/6 Mile - - 1!8 Mile Radius Radius Scale: 1 inch = 1117 feet Toxics Targeting 1/4 Mile Buffer Search Map Q 17405 Route 25 / Mattituck, NY 11952 4~ I OO~ ~ ~I W E n ~ o a~ )N ~ / e Suffolk County 0 \ III 1, ~ 11 17405 Route 25 I \o y o > Major Oil Enforcement I Storage Facility ~ Docket Facility Chemical Storage Air Q Facility ~ Release 4 Toxic Release \ Wastewater Petroleum Bulk p 111 II Discharge Storage Facility 0 Hazardous Waste ® Generator, Transp. o S m Subject Area Waterbody s \ County Railroad Border Tracks 1f4 Mlle - - 1/8 Mlle Radius Radius Toxics Targeting 1 /4 Mile Buffer Closeup Map d ` @ 17405 Route 25 a~ Mattituck, NY 11952 ; I II ® I ~pq IN ~ I Y 5 a n Suffolk County V National Priority Delisted NFL Site List (NPLj • 0 CERCLIS Superfund CERCLIS Superfund Non-NFRAPSite NFRAP Site p Inactive Hazardous Waste Inact. Hap" aste Disp. Disposal Registry Site Registry Qualifying ng 17405 Route 25 Hazardous Waste Treater, RCRA Corrective Storer, Disposer Action Facility ' a o Hazardous Substance Solid Waste U Waste Disposal Site Facility " / Major Oil Site elds O Storage Facility • O Site " Chemical Storage Hazardous A Facility Material Spill ' 15 „`:n Toxic ® MTBE Gasoline \ Release ° Additive Spill Wastewater P V etroleum Bulk ~ Facil I \ DischaDocketrge Storage ~0 5 w g,.zc'~iA` u Enforcement H d- Facility Z Generator, Taste ty nsp. °i ra Air i 9 Release r .r d r'v~ Remedlatlon a 1 Site Borders S Subject a Area Waterbody a County Railroad _ s p Border Tracks 114 Mile - - 7/8 Mile a g Radius Radius \I ` 1 Mlle Search Radius 1,2 Mile Search Radius Scale: 1 inch = 726 feet ° 114 Mile Search Radius P • U B L I C H E A • R I N G • ® RESOLUTION 2009-787 • ADOPTED DOC ID: 5304 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-787 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22,2009: 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, October 6, 2009 at 7:34 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 Marratooka North, LLC. Said property is identified as part of SCTM #1000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± 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 purchase price is $67,000 (sixty-seven thousand dollars) per buildable acre for the 17.5± acre easement plus acquisition costs. The • easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, 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, October 6, 2009 at 7:34 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 Marratooka North, LLC. Said property is identified as part of SCTM #1000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± 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 purchase price is $67,000 (sixty-seven thousand dollars) per buildable acre for the 17.51 acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. • The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values; 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: September 22, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk * x ~ PLEASE PUBLISH ON October 1, 2009 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK TOWN HALL P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: • The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING October 6, 2009 7:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened at 8:13 PM COUNCILMAN WICKHAM: 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, October 6, 2009 at 7:34 p.m., Southold Town Hall, 53095 Main Road Southold, New York as the time and place for a public hearine for the purchase of a development rights easement on property owned by Marratooka North LLC. Said property is identified as part of SCTM #1000-1 15.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± 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 purchase price is $67,000 (sixty-seven thousand dollars) per buildable acre for the 17.5± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values; 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 Marratooka North Development Rights Easement Public Hearing 2 October 6, 2009 • person during business hours. I have a note here that the notice of this public hearing has appeared on the Town Clerk's bulletin board outside and also appeared in the Suffolk Times newspaper on the first of October. I have a memo from Mark Terry, dated September 29°i to the Southold Town Board regarding the purchase of development rights easement on property owned by Marratooka North LLC. It is from Mark Terry, the principal planner and an LWRP coordinator. 'The proposed acquisition for development rights easement on part of the property, the action has been reviewed to chapter 268, waterfront consistency review of the town code, based upon information provided on the LWRP consistency assessment form submitted to this department, as well as records available to me, it is my recommendation the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' What else do we have? And those are the only things in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, good evening. I am Melissa Spiro, the land preservation coordinator for the Town. As read into the record, this hearing is for the town's purchase of development rights easement for agricultural purposes on approximately 17.5 acres on the 22.5 acre farm. I would like to • note for the record that Eric Keil is a member of our Land Preservation Committee and he is also one of the property owners. Eric has not participated in any part of this discussion on this project. The farm contains prime agricultural soils worthy of protecting for continued agricultural use. The farms to the east and the west are preserved farms and the preservation of this farm will add to the existing block of preserved farms, making the block over 100 acres of preserved land. The landowners are reserving from the easement area approximately five acres fronting on the Main Road, they intend to go before the Planning Board for an open development subdivision for an additional residential lot within the area reserved from the easement. There is already an existing house there. the open development subdivision is a subdivision meeting the requirements of a conservation subdivision whereby the landowner goes before the Planning Board for sketch plan approval now and goes before the Town Board for approval for the right to seek future approvals for the creation of lots in the future. Basically it is a way to preserve, in this case, 75% of the property or at least 75% of the property now and for the landowner to seek final approval for the lots in the future, in accordance with the conservation subdivision regulations. The Planning Board and the Town Board will each be h olding separate hearings for that open development subdivision. The negotiated purchase price of $67,000 per acre is in accordance with an appraisal which was done specifically for that property. The purchase will be completed using Community Preservation funds and as noted, we have applied for and received a grant award for just over $530,000 from the New York State Ag and Markets for this particular project. The Land Preservation Committee and I are both in support of this project and recommend that the Town Board proceed with the resolution to purchase this easement. Of course, as • we always note, you cannot proceed with preservation without the landowners and I Marratooka North Development Rights Easement Public Hearing 3 October 6, 2009 • wholeheartedly thank the landowners, I don't know if they are in the audience, for allowing us the opportunity to both apply for the state grant and to preserve this valuable farmland. Thank you. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to address the Town Board on this particular public hearing? (No response) This hearing was closed at 8:30 PM Elizabeth A. Neville Southold Town Clerk • • S ~ E Q R A R E S O • L U T I O N • © RESOLUTION 2009-836 ADOPTED DOC ID: 5325 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-836 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6,2009: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Marratooka North, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-115.-2- 6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.5-+ acres (subject to survey) of the 22.50-+ 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 purchase price for the easement is $67,000 (sixty-seven thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it • RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell • 617.20 Appendix C State Environmental Quality Review • SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION To be completed b Applicant or Project Sponsor) 1. APPLICANT/SPOONSO(j- 2. PROJECT NAME MgyrC 66I,.-a /O 07 - Av u0 r~t o? K 3. PROJECT LOCATION: 1 ~p l Municipality ~~p V\p County V~'T^'>v 1 . PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5CCMto00-Its-2.-G 17"405 Zov1125 /4/a<7 5. PROPOSED ACTION IS: Ej? New E] Expansion 0 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: (-,5Qt5 <c kw-erte c~,vt 17'S- 4c6es 04, lowrt PVrc(^45~ 6~ QCvtr~M<.v~ 4- 22,5 "ce rM. 7. AMOUNT OF LAND AFFECTED: Initially / 7i S - acres Ultimately L7• S acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes F1No If No, describe briefly • 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ? Industrial 0 Commercial 0 11 Agriculture Park/Forest/Open Space Other Des be: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes ? No If Yes, list agency s) name an permit/approvals: e t^j reeeN,- AnrmPt-S (i~,,, grar*-~+ Pis Ag.a Mgrk,FS. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 11 Yes [2 No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E] Yes U'No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO/ HE BEST O MY KNOWLEDGE Applicant/sponsor name: S , ~qn r" ( Se w 'r'r (sop ~rk4 Date: 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 11 - 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 153, No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: ' ~1 d C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: IV O C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: IUD C4. A community's existing. plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: Ne C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C7-C5? Explain briefly: Na 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)? ? Yes 0 No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? Yes ly? No If Yes, explain briefly: . PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should. be assessed in connection with its (a) setting. (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. F] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. ISO Check this box if you have determined, based on the information and analysis above and any supporting documentation, thatthe proposed action WILE NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination SOLrir 14 Or.qb \Ory N?j co h QO Name of Lead Agency Date S ocr (a• V)f C Print or Type Name esponsible O r in Lead Agency Tile of Re~~s(p7 onsible Officer Signature of Responsible Officer in Lead Ag ncy Sighaturi5s of reparer (If different from responsible officer) i P ~ U R C H A S E R • E S O L U T I O N • J/Z RESOLUTION 2009-837 ~Q • ADOPTED DOC ID: 5326 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-837 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6,2009: 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 Marratooka North, LLC on the 6`h day of October, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation • Committee and the property owner; and WHEREAS, the purchase price for the easement is $67,000 (sixty-seven thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold • purchase the development rights on this agricultural land; now, therefore, be it Resolution 2009-837 Board Meeting of October 6, 2009 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a • development rights easement on agricultural land owned by Marratooka North, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck, New York. The development rights easement comprises a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $67,000 (sixty-seven thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: William Roland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell • Updated: 10/6/2009 3:48 PM by Lynda Rudder Page 2 OFFICE LOCATION: OF SO(/TyO~~"" MAILING ADDRESS: • Town Hall Annex h p P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 Q Telephone: 631 765-1938 Fax: 631765-3136 ~1~00UMV ,~cc\T, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board SEP 2 9 2009 D From: Mark Terry, Principal Planner LWRP Coordinator DEPT of LAND PRESERVATION Date: September 29, 2009 Re: Purchase of a development rights easement on property owned by Marratooka North, LLC. Location: Northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Avenue in Mattituck, New York. SCTM# 1000-115.-2-6. Zoning District A-C The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney • Melissa Spiro, Land Preservation Coordinator C ~ O N F L I C T O • F I N T E R E S T • At am+AN Part iofthe Supreme Court of the Statc ofNew York held in and Rw the Coum% of Suffolk at the Cmurthomc at I Court Stre& Ri%cihcjd. Ncw York ou thc'flday ol'July. 2013. PRGSENt: IRON lushcc -----------------------------------------a Index No. 13-17359 In the Matter of the TOWN Oh SOU"fl 101.1} and I R[C K>?I1. ORDER Pctitionera. ----_---x Upon readin, and Kling the Petition ofthe "DOWN OF SOU II101 1). dated April 29. 2013, and ceril alon of Gric Kcil. swarm to July 3, 2013, this Cours. pursuant to General Municipal My section 801-1(d), finds no conflict of interest and hereby approves both the purchase and the consideration for the I omi of S'outhold's acquisition ofa dcvclopmenl rights interest in the faun owned by Marratooka North, 1-1-C, whose members include 1Sric Keil. r y W-:. ,ten .2 1 t S t -E ~ E ^A r~ T1'2 ENTER, / p ! jt 3~6 B r 5 ~ l 'll t ` rCl1 ~ ~ /I S.C. s • C • L O S I N G S T • A T E M E N T • • CLOSING STATEMENT MAARATOOKA NORTH, LLC to TOWN OF SOUTHOLD part of SCTM #1000-115.-2-6 Total Development Rights Easement - 18.0 acres Total Parcel Acreage -22.5 acres Open Development Area ("ODA") = 4.5 acres Required Subdivision Open Space = 1.01 acres* 'acreage not included in purchase price calculation Premises: 17405 NYS Route 25, Mattituck, New York Closing took place on Tuesday, July 30, 2013 at 11:00 a.m., Southold Town Hall Annex • Purchase Price of $ 1,138,330.00 (based upon 16.99 buildable acres @ $67,000/buildable acre) disbursed as follows: Payable to Maaratooka North, LLC $ 537,830.00 Check #118282 (7/30/2013) Payable to Farm Credit East, ACA $ 600,000.00 Check #118249 (7/30/2013) Payable to William F. Bates, Esq. $ 500.00 Check #118218 (7/30/2013) $ 1,138,330.00 Project eligible for partial reimbursement costs from an awarded NYS Agriculture & Markets grant in the amount of $530,459.00 Expenses of Closing: Appraisal (pre-contract) Payable to Given Associates, LLC $ 2,800.00 • Check #98674 (11/18/2008) Appraisal Payable to Given Associates, LLC $ 2,790.00 Check #118094 (7/16/2013) Survey Payable to Nathan Taft Corwin, III Land Surveyor $ 250.00 Check #118412 (8/1312013) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 950.00 Check #117758 (6/4/2013) Title Report Payable to Fidelity National Title Insurance Co $ 5,297.00 Check #118251 (7/30/2013) Title insurance policy $ 5016 Recording easement & 385 Certified copy of easement $ 15 Recording Service Charge $ 40 Refund of excess recording fees = $159.00 (2/13/2014) Title Closer Attendance Fee Payable to Patricia Fallon $ 150.00 Check #118247 (7/30/2013) Those present at Closina: Lisa Clare Kombrink, Esq. Attorney for Town of Southold Eric Kell Seiler - Managing Member Daniel C. Ross, Esq. Attorney for Seller Patricia Fallon Title Company Closer Bob Fallon Title Company Closer (in training) Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst • Town Legal Fees paid to Special Counsel: Lisa Clare Kombrink, Esq. of Twomey, Latham, Shea, Dubin, Kelley and Quartararo, LLP Invoice dated: Amount Paid: 3/4/2009 $ 357.00 4/2/2009 $ 189.00 5/5/2009 $ 42.00 $ 588.00 618/2009 $ 156.00 717/2009 $ 1,735.50 8/4/2009 $ 1,209.00 9/10/2009 $ 936.00 10/13/2009 $ 58.50 $ 4,095.00 11/7/2012 $ 798.00 12/7/2012 $ 174.15 1/8/2013 $ 987.00 217/2013 $ 2,234.00 3/7/2013 $ 294.00 • 4/4/2013 $ 777.81 5/6/2013 $ 1,262.00 6/7/2013 $ 1,324.00 7/16/2013 $ 693.20 $ 8,544.16 Total legal fees paid as of 7/25/2013 $ 13,227.16** **legal fees incurred after 7/16/2013 not included We, the undersigned parties, do hereby certify that this Closing Statement accurately reflects the distribution of the easement purchase price and expenses incurred by the Town of Southold wards this rojec ng, Eric Veil, an ging Member Maaratooka North, LLC Melissa Spiro, Land Pr ervation Coordinator • Town of Southold TOWN OF SOU771OLD • VENDOR 012822 MAARATOOKA NORTH, LLC 07/30/2013 CHECK 118282 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 09-837 073013 18.00 ACRES DEV RIGHTS 537,830.00 TOTAL 537,830.00 4 ~4bb I ~fl, tl I M1 ~ JI 4~ Q k' I r i 4 vnIV _i ~ T S,uhs " 3 a TM fi k ~ 51 THE ORIGINAL CHECK HAS A COLORED BACKGROUND, A ri COPY FEATURE AND WATERMARK PAPER `.DW1iDSOIIQD ' AUDIT'7J3oJ13 ~090WAIN GAOPG BOX 11 9 5pUTHGL NY j071,A959 ,'j" CHE CK N0. 1, ,,8?~82 - - q7NtgUk~D~k Co. n~AU NAt BANI CUTCNOGUE. NY 1193 DATE MOUNT - 5On5rz~a 07/3p/2013 $53'1,, 830uD0 I. . FIVE HUNDRED THIRTY SEVEN TH0USAND,$IGH1' HUNDRED THIRTY AND-00/100 DOLLARS ~1i[xc r - .s G r r r O r,,I r-"TOO$C,.A~i~y~`O~yR!r'I'H Ct0 =C'[±141'1J d x u rte' "V f "Jill m4w ~ ATI~'13T41~1 LFY i174~3 - ~ ~ ~ r Or C 01 18'28 2111 1:0 2140°54641: 'S 3 ODOODl. `do ~ w TOWN OF SOUTHOLD • VENDOR 006019 FARM CREDIT EAST, ACA 07/30/2013 CHECK 118249 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 09-837 073013 18.00 ACRES DEV RIGHTS 600,000.00 TOTAL 600,000.00 1 {}I,;t }.,P f{+}'N, {FOP ~ro-•vt j fy ~X s L li k1}s 41 1 + itlry.. i 7 i°rys i §:w 1 ,t. THE ORIGINAL CHECK HAS A n COLORED ; TOWN OFSOUTHOLD ~AU6 3T ~~3oJ13 h 53095 MAIN flOAD, PO BOX 1179: SOUTHOLD, NY it971-0959yty~~ ~~iiQ yp ~yy ~~tt AAnn F nrt .•~11 • THE SUFFOLK CO NATIONAL HANK CUTCHOGUE, NY 11935 DATE MQS) _.l. t 50'545/214 07/30/2013 $600009.00 SIX HUNDRED THOUSAND AND 00/.100 DOLLARS - ` i r PAY FARM CREDIT EAST, ACA i ,ORDER (R e , lf'q y 11' L L8 2?,911• l:0 2 L?.05464l: 63 000004 Oil- WILLIAM F. BATES, ESQ. BILL 120 Court Street DATE Riverhead, NY 11901-3003 (631) 727-0050 6/3/2013 FAX (631) 369-4080 CLIENT MAARATOOKA NORTH, LLC Jeffrey Alan Keil, Manager/Member 107 Rutland Road Melville NY 11747 DESCRIPTION AMOUNT Professional Services Rendered in connection with preparation of, 500.00 attending to execution of and delivery in escrow of Agreement of 41Non-Interference with Development Rights with Farm Credit East, ACA as Successor by Merger to First Pioneer Farm Credit, ACA, Liber 20644 page 881 and Liber 21779 Page 689, property at Mattituck, NY, DUE Total Due $500.00 Interest at the rate of 1.5% per month will be added to all balances not paid within thirty (30) days from the date hereof. TOWN OF SOUTHOLD • VENDOR 002118 WILLIAM F. BATES,ESQ. 07/30/2013 CHECK 118218 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 09-837 073013 LEGAL FEES-MAATATOOKA N 500.00 TOTAL 500.00 ' #a ~ 1? a.1 . t 1 a i l .i rt4~~`~k+ 1 z ~ 4 ~~y .a THE 1 h COPY FEATURE AND WATERMARK PAPER ORIGINAL COLORED . " o~ n ooi O SOWN SC)~ITfiOLD AIM IT 6dQ9b MAlt~tl/10 P060M 1^175. ~ ^ ~ a.. sourHgLa,NVnis71,99s5 8~].~ r, CHECk' 11 LUTCHpt,UE,'yY 1153wNAL BANK DATE 6d54e12t4 07/30/2013 $SOOi.°f3D FIVE HUNDRED AND 00/100 DOLLARS ~ e Y 4 6/O/J~ t ~ Y WIft;,AM, F. °BATES,$SQ.' ors i ° ~~ai/~ elf - s C JbYl IG afi ni 'ro ZZI$ 120 COURT STREET Pt+DBR RIVERHEAD NY 11901 ;"ok, Y Y ~':a... ` ...`a. i ~ it vil^~ ~~%%C?O KCl mom, i•iL8218111 1:0 2 140 54641: 63 00000L. O11. F,G I V E N Invoice A S S C C I A i E S • Date Invoice # 548 Route 111 /PO Box 5305 10/16/2008 626 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC File No. Terms 2008247 Due upon Receipt Description Amount Appraisal of Development Rights of Real Property of Marratooka North, LLC 2,800.00 Located 17405 Route 25, Cutchogue, NY SCTM# 1000-115-2-6 File #2008291 • • Balance Due $2,800.00 EGIVEN . S S 4C LIES TOWN OF SO UMOLD • VENDOR 007416 GIVEN ASSOCIATES LLC 11/18/2008 CHECK 98674 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 18900 626 APPRAISAL-MARPATOOKA 2,800.00 TOTAL 2,800.00 1s ti Y1L LY{ .y~ aw y f iv, E., J • ~LL.YV 0. nvxm ~x AT< N OF SOUMOLD AUDIT NII/18/08 - 5MB5 MAW NDAD, PO BOX 1179 SOUrdOLO W 11971-0959 CHECK NO. 96674. O,J TNT SUFFOLK Co. NATIONAL SANK UTCHOGUE NY 1 1935 NATI TE AMOUNT 506461214 11/18/2008 $2,800.00 TWO THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS _ PAY tyEFp~R 70 rHE `GIVL'N A98QCIATE9 LLC PQ $d~ 53Q5 " • • HADVPAWVE NY 11788-U306 N'0986741,• ~:021L0SLP3Ll: 63 000004 011' r,GIVEN Invoice A S S 0 L I A T F 5 Date Invoice # 5388 ROUTE 25A 3/26/2013 1 175 CALVERTON, NY 11933 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1 179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC File No. Terms 2013107 Due upon Receipt Description Amount Appraisal of Real Property of Marratooka. LLC Located 17405 Route 25A, Mattituck. NY SCTM #1000-115-2-6 3,100.00 Less Professional Courtesy Discount t, 10%) -310.00 • G1sl Cn LS OW L,U DLFT.OF LMD PRESF26S1T:IUN Balance Due $2,790.00 F-GIVEN F 13.1111111 TOWN OF SO UTHOLD • VENDOR 007416 GIVEN ASSOCIATES, LLC 07/1.6/2013 CHECK 118094 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 25303 1175 APPRAISAL-MARRATOOKA 2,790.00 TOTAL 2,790.00 r 1 S ~ ~ fm ~gp~r"i I M c THE ORIGINAL CHECK HAS A COLORED ,dd+ y~y V BACKGROUND, ~ (fie ~1 } +il fs. ~1 w wx",E .OW,IV OF. SOiH17~D t'as ui i ice' a~s• an s. iA'7PTY"Te~al.'B ^rtas a Q85M,yj{,,q'OADP,O X11)9 .k ~M< K r yr +aA w~q~,~pg's m SOUTHOLD, NY ~~t DB59 SVEFDLKGO:.W4TlONALBANK LUTONDyDE; NY 11$35 " 1=1-1 TWO THOUSAR;Z'A #VE14' C4J ~DW NINETY'.AND"b0/100 'DOLiVilj$.'? 4 _ :.GZVFN ~»vz~~ 4+5~~ M to PAY A~yOC LLC 3 v~:s~ ~ z ah TOTTTE 536 ROT77."E 2W' - . ~ c'5 „tom ~s ~gs~r ,.rte .~sv ORDER CALYERTON NY iY9,. ^n ~ d e `LZ8094n` i:0214D5464l: 63 000004 011' NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice P.O. BOX 16 Jamesport, New York 11947 Date Invoice # Office Location: 1586 Main Road, Jamesport NY 6n3i2o13 5829 Phone # 631-727-2090 Fax # 631-727-1727 Bill To Town of Southold Land Preservation P.O. Box 1179 Southold, New York 11971 Att Melissa Job # Client: Terms S.C. Tax Lot No. 30-057-B Maaratooka North 30DAYS 1000-115-02-06 Description Amount Revise maps and 12 paper prints and 3 mylars 250.00 REC EKED JUL 2 6 2013 DKOF ND Total $250.00 PRESERVATION - Payments/Credits $0.00 • A service charge of 2% per month will be charged on balances 90 days past due Balance Due $250.00 TOWN OF SOUTHOLD VENDOR 013975 NATHAN T CORWIN III 08/13/2013 CHECK 118412 FUND & ACCOUNT P.O.4 INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 25308 5829 SURVEY-MAARATOOKA NORTH 250.00 TOTAI, 250.00 ~Dw, r w 1.l i THE ORiGINAL CHECK HAS A COLORED BACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER - TZ, - a u v,? -a. 4 Fez ,AT3'D3f',~ 'tp sr ` spa iske~ r~ 6 IN OaS 4178a ,c t f v ~ ~ r¢~Sp ~{M~~Y~~,98599 ~ ~ ~~~,~.~ldn {}e .7.1~'?F,~~ ~ te^3Rr ^+f^+` •^+-w7H~~~UEROCK.4b -Ai1pNAC~7pd .,rn..+~ae.1-.51 ~ F ~ r r sE~ r+r i e,x, ~ti 4as OAT6 ra qT fw9T 1~~.. a0 J'4 fl8/].3 2013 8' 7Q Uy~,H S- TWOHDNi~R~w!'3C1D rc .u b m a z t`13, s P9Y g' i eib tIORS7,C~ ORDPR OF PO fix 16 ,JAhFESRT' fi7ii"q~xJ4,7 b ~~•1 184L2I'm I:02L405464l: 63 000001, Ou'. F1 vOICe Nelson Pope 8 Voorhis, LLC 572 Walt Whitman Road is Melville, NY 11747 (631)427-5665 May28,2013 Melissa Spiro Project No: V 13XO93.001.000 Town of Southold Dept of Land Preseiv Invoice No: 9778 Town Hall Project Manager Steven McGinn 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Project V13XO93.001.000 17405 Route 25, Mattituck Professional rvi Phase SA Site Audit Task 1300 Phase I ESA Contract dated April 12, 2013 Contract item # 1 Phase I Environmental Site Assessment Fee 950.00 Total this Task $950.00 Total this Phase $950.00 Total this Invoice $950.00 • MAY 3 0 2013 PT. F N PRESERVATION FOR YOUR CONVENIENCE, YOU MAY PAY THIS INVOICE WITH YOUR CREDIT CARD. TO PAY WITH YOUR CREDIT CARD, PLEASE COMPLETE THE INFORMATION BELOW AND RETURN BY MAIL. ? VISA ? Mastercard O American Express Account No. - Exp- Date Amount Signature Or call our affice with the infornmtimo 631-427-5665 • All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after 30 days. TOWN OF SOUTHOLD • VENDOR 014161 NELSON, POPE & VOORHIS, LLC 06/04/2013 CHECK 117758 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 25306 9778 PHS 1 BSA-MAARATOOKA NRT 950.00 TOTAL 950.00 2 " THE ORIGINAL CHECK HAS 4 COILOReO RACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER - ~'SS,r -maak+ d r * ,w4?~' i«^ . ' era Ir. ~ `°,+~^:...*SHm';'+•. ~kyp„. "+'u+3 N"*' " M 4 ti a'S31as" „ °9 '4 ' ^mte rvru s .Y + ~ S 4 ~ ~A°F" ~3" P~' A air e140; r°+i ! v ' 'Tn ~ ~b.H* ds,Y' °`p'!w +e v a eey'"!. **f' sew- y ~4-. .a x ~ s 'w,rsar~ ,aa?e ^ip3^m' ,2W.4.` Yn r ~ "0ii'^ ures^ z b a a+3w yxv39,+ 'a,'y.°"; .x "yN ' °+5i'~'~ M~yl 31.1 Sri' er.3 Ste- a n~ _ t z +xg p° "+b- fJE A,4..^~ +N { 9 "uy b d'^ dR~ ro*~ ^4 tteA 7r nit ,.1.^ S it e '.,.a °ds+ ~.gs 'sue z ,sue'' ,at ~v 11"IlAs8~ll•~i:o2'obstr.Li 63 000001, DV • FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC 24 Commerce Drive, Riverhead, New York 11901 e' 631-727-0600 fax 631-727-0606 Title No. Date ~ 3o -k 3 FEE INSURANCE COVERAGE I,µ 6 / /31f, 330. OZ) PREMIUM $ J~U/l0 SOD FAIR MARKET VALUE RIDER (OPTIONAL) PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) COMMUNITY PRESERVATION FUND • SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSITFEE BANKRUPTCY/PATRIOTSEARCHES NYS SALES TAX ON DEPARTMENTAL/MUNICIPAL CHARGES RECORDING FEES: BECD(s) Gam z~/aR 5: ~D ( ) SATISFACTION(S) ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) ASSIGNMENT(S) ( B INGUILI LOAN CONTRACT /S ; 60 RECORDING SERVICE FEE p, TOTALCIARGES $ 00 CLOSER CHARGES, IF ANY: PICK-UP FEE: (O OTHER: PATRICIA L. FALLON Title Closer TOWN OF SOUTHOLD • VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 07/30/2013 CHECK 118251 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 09-837 86245 TITLE INS POLICY-MAAR N 5,016.00 H3 .8660.2.600.100 09-837 86245 REC EASEMENT-MAAR N 385.00 H3 .8660.2.600.100 09-837 86245 CERT COPY EASMNT-MAAR N 15.00 H3 .8660.2.600.100 09-837 86245 RECORD EASMNT-MAAR N 40.00 TOTAL 5,456.00 L P1 k 4 ..y I T 1 r z k: THE ORIGINAL CHECK HAS A COLORED BACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER TOM7Y OF,SOUTHOLD ' 90095 M IN ROAD, Ho sox 1199. + SOUTHOLD, NV 19971-0959 THE SUFFOLK CHEC~ iw. ~a~,~z~~ CUTCHOGUE NY 11193 ANAL SANK D . Te _ AMOUNT- 50-546/214 07/30/2013. $8_,456.00 = - FIVE THOUSAND FOUR HUNDRED FIFTY SIX AND,00/100 DOLLARS - p" 'v PAY - FIDELITYNATIONAL ;TITLE INS CO 2+1'°COMMERCE DRIVE' u ORDER IRIVERHSAD NY 1190.1 OT r ,OF u'11825Ills l:02140Is L.64i: 63 000004 onn FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC 19:126 RIVERHEAD OFFICE UTC EXCHANGE 9204 U TiAg1101i ftM 12*7404-$6245- Refund of excess recording charges q0oanty "i4lk#4: 0674/1004 Cite& m''4010 Date: 0 tr'IM4 W Lr- C LS D U E D Amount' l%.'00 Property: 11405` lY314uute25 FEB 2 8 2014 Buyer: Town of Southold Seller: Maaratooka North LLC DEPT. OfUWD- -PRESEWTION UWIII I To R ft cl a NMI IN *=Pgbnn.eam PRPIrN) N Y.Bw. - FIDELITY: NATIONAL TITLE INSURANCE SERVICES, LLC CAPITAL ONE BANK 191.26 RIVERHEAD OFFICE - 140 EAST MAIN STREET UTC EXCHANGE 9$04. RIVERHEAD, NV 11901 24 COMMERCE'DRIVE 83L7 3 SO-Y991/21 1@74 RIVERHEAD, NY 11901 Title No:12-7404-86245- February 13,2014 e ; r DATE • I $9.~!' AMOUNT rr+ta4rrlxltr<rs MMi~ ONE HUNDRED ITY"T1'fC'AND001}00 ` yy ~..y.• Tt , PAY - `EXCHANGE ACCOUNT • VOID AFTER 190 DAYS TO THE 'T'own of SODrhold ~ TWO SIGNATURES REOUIRED FOR WITHDRAWAL ORDER OF 19405 NYS Route 25 Mattituck, NY fr.L L!I SECURITY FEATURES INCLUDED. DETAILS ON BACK. at II'0 i912S118 1:0 2 140 79 1 21:2013 13 47010Un TOWN OF SOUTHOLD • VENDOR 006013 PATRICIA FALLON 07/30/2013 CHECK 118247 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 09-837 86245 TITLE CLOSER-MAAR N 150.00 TOTAL 150.00 .'H La,1 to 1 r y,'~ia+2' }s~ r i 4 , w, a .a r M. x r r Pr~~' - ,y "til j It, THE 7 V a "1 . ORIGINAL COLORED BACKGROUND, ..,O A VOID COPY FEATURE AND WATERMARK PAPER T'pWillO `SOUTHOLL1?'' A~jplg_ 7 59095 MAIM ROAD Fq QOX }1SB i- SOUTHOLD, NY 11971 0959 CHtCX NO, 1 ~ 'I P' THE SUFFOLK W. NATIONAL BANK CUTCHOGUE, NY 1193,5 DATE AMD~7 JT - 50546/214 07/30/2013 $150 406 ONE HUNDRED FIFTY AND 00/100 DOLLARS 1z$j PAtItTCSA FPLLOI?, ~ z 0 v c9~ ZY)3~iE• 40 WIHITE OAK LANg' o ? r pR1JSR , SOUTHAMPTON NY 11968 y~• - a AF n ro as- a, ~ n re;+~ i or?' ei~0o 9ifi X- G u' 1113 2 L.Wn 1:0214054641: 63 000004 Olin ~ ~ G ~ R A N T I N F O • R M A T I O N • STATE OF NEW YORK I EXECUTIVE CHAMBER DAVIDA.PATERSON I GOVERNOR For Immediate Release: May 13, 2009 Contact: Morgan Hook morgan.hookLachamber.state.nv.us 1518.474.8418 Contact: Jessica Chittenden I jessica.chittenden(aaymkt.state.nv us 1518.457.3136 GOVERNOR PATERSON ANNOUNCES MORE THAN $23 MILLION FOR FARMLAND PRESERVATION Agricultural and Farmland Protection Program to Maintain Nearly 9,000 Acres ofActive Farmland Governor David A. Paterson today announced that the State Agricultural and Farmland Protection Program will provide $23.1 million for the preservation of 8,940 acres of active • farmland. The program, administered by the State Department of Agriculture and Markets, assists local municipalities in the purchase of development rights so that land use is restricted for farming purposes. The grants will help to protect 27 farms in 16 counties throughout New York. "Agriculture is a very important part of New York's economy and food supply," Governor Paterson said. "The Farmland Protection Program ensures that our local farmers receive the support they need as they work to keep their farmland productive. In preserving our open space, we also preserve our valuable farming resources, as well as our agricultural tradition." New York State Agriculture Commissioner Patrick Hooker said, "While its primary purpose is to protect productive farmland, the Farmland Protection Program also helps safeguard local food production, as well as provide a true economic stimulus to rural communities. By allowing farmers to utilize the equity in their land without selling their assets, the State is encouraging the preservation of not only farmland, but farmers. This is a tremendous program with ancillary benefits that reach every New Yorker and I thank Governor Paterson for his support." The Farmland Protection Program provides financial assistance through the Environmental Protection Fund that help counties and towns to support local farmland preservation activities. In doing so, the program provides cost-share funds to municipalities, who in turn purchase the development rights on the farmland to permanently protect it from development and allow farm owners to utilize the equity on their land without selling it. The cost-share ratio is 75 percent state and 25 percent local. • The 2009 Farmland Protection Program will provide the following preservation grants: • Western New York • $549,708 to the Town of Amherst, Erie County • $451,808 to the Town of Fayette, Seneca County • $367,212 to the Town of Macedon, Wayne County • $601,460 to the Town of Ontario, Wayne County • $408,155 to the Town of Walworth, Wayne County • $420,507 to the Town of Williamson, Wayne County • $2,287,152 to Livingston County • $1,886,209 to Yates County Central New York • $451,808 to the Town of Dryden, Tompkins County $205,224 to the Town of Ithaca, Tompkins County • $2,322,152 to Cayuga County $2,322,152 to Onondaga County • $440,700 to Schuyler County Eastern New York • $222,716 to the Town of Hoosick, Rensselaer County • $470,211 to the Town of Kingsbury, Washington County • $2,052,255 to the Town of Saratoga, Saratoga County • $579,270 to Clinton County • $579,559 to Rensselaer County • $627,502 to Washington County Hudson Valley • $1,758,143 to the Town of Warwick, Orange County • $1,939,688 to Dutchess County Long Island • $530,459 to the Town of Southold, Suffolk County • $1,703,820 to Suffolk County The funds will support five farms that have been in operations for more than 100 years, as well as assist three first-time award recipients. A full description of the projects is available at: http://www.ny.¢ov/governor/press/pdf/press 0513092 ndf. Senator Antoine Thompson said: "Preserving our farmland is crucial to the economy of rural and Upstate New York. Supporting the farmers that have made New York State a leader in the agricultural industry should be a priority. I am pleased that the State Agricultural and Farmland Protection Program will be providing funding for the preservation of nearly 9,000 acres of farmland across our State." Senator Darrel J. Aubertine said: "Farm preservation is vital to the future of our State. The Farmland Protection Program gives farmers much needed capital to operate their farms and protects this land for farm use at a time when recent studies have predicted a shortage of farmland worldwide. The preservation of almost 9,000 acres of farmland and continued funding is for this program protects our economy and will help ensure New York State continues to be an agricultural leader for years to come." Assemblyman Robert K. Sweeney, Chair of the Assembly Environmental Conservation Committee, said: "Agriculture is New York's largest industry, it is vitally important that we preserve acreage that will be used solely for farming. The Agricultural and Farmland Protection Program will help town and county governments across New York secure nearly 9,000 acres for agricultural purposes while preserving open space." The Farmland Protection Program is open to all counties that have approved agricultural and farmland protection plans, and to other municipalities that have a local farmland protection plan in place. Preferred projects are those that preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer to a significant natural public resource containing an important ecosystem or habitat. The program also considers a farm's long-term potential to remain in viable agricultural production, the cost of the proposal in relation to the acreage to be protected, and the level of commitment to farmland protection that other local project partners demonstrate. New York State has 7.6 million acres of farmland with 34,000 farms. Since 1996, New York has awarded more than $173.3 million for farmland protection projects, assisting local governments and their project partners in 29 counties to help protect 72,668 acres on 303 farms. To date, 152 projects have closed, protecting in perpetuity, 29,180 acres of farmland. Additional news available at www.nv.gov/zovernor/press High resolution images available at www.nv.eov/zovernor/mediaimazes password: paterson New York State I Executive Chamber I press. office (a~chamber.state ny us 1212.681.4640 518.474.8418 • TOWN HALL NOTES taps own T into state cash to The town is set to purchase a de- sa~ T~ ~y. velopment rights easement from j the Keil family for the farm, which Q sits on the north side of Main Road, O between Mill Road and Elijah's Southold looks to Lane, she said. "The development rights get ex- preserve 18-acre farm tinguished so that nobody in the fu- ture can build a house or anything • else on the property," said Ms. Spiro, BY BRIAN HARMON I EDITOR who, with town employee Melanie Doroski, wrote the grant applica- Gov. David Paterson announced tion to the state. "The landowner this week that the state will chip will continue to own the land. The in more than $530,000 toward purpose is to keep the farmland in Southold Town's $1.4 million pur- the hands of farmers." chase of development rights on an Mr. Paterson said the State Agri- 18-acre farm along Main Road in cultural and Farmland Protection Mattituck. Program will provide $23.1 million ?A The town intends to preserve for the preservation of 8,940 acres p7 Marratooka North Farm perma- of active farmland across the state. L nently as farmland, said Melissa The grants will help to protect 27 Spiro, Southold's land preservation farius in 16 counties throughout coordinator. Newyork, officials said. "The west side of the farm is 50 "Agriculture is a very important acres of permanently protected part of New York's economy and land, and on the east there's 40 acres food supply," the governor said. of protected farmland," Ms. Spiro "The Farmland Protection Program said. "Once [the farm] is preserved, ensures that our local farmers re- it would be part of a 112-acre block ceive the support they need as they of protected farmland. work to keep their farmland pro- "That's a good thing." ductive." OFFICE LOCATION: MELISSA A. SPIRO so~jyo Town Hall Annex LAND PRESERVATION COORDINATOR hp 54375 State Route 25 • melissa.spiro@town.southold.ny.us y_ (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 G Q Facsimile (631) 765-6640 MAILING ADDRESS: OlyCOUN P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 15, 2013 David H. Behm Farmland Protection Program Manager NYS Department of Agriculture & Markets Division of Agricultural Protection I OB Airline Drive Albany, NY 12235 Re: Town of Southold - C800753 ($530,459) • Maaratooka North, LLC Farm Project - Development Rights Easement Dear Mr. Behm: I am pleased to submit to you documentation on the Maaratooka North, LLC Farm Project. Please review for the purpose of releasing State awarded funding to the Town of Southold subject to Contract #C800753. • State of New York - Claim for Payment - request for $530,459 • Form B.3 - Project Budget form • FPIG Project Closing Statement signed 7/30/2013 • Order signed by Hon. Joseph C. Pastoressa - no conflict of interest • Development Rights Purchase and Sale Agreement between Maaratooka North, LLC and the Town of Southold, dated October 8, 2009 • Appraisal Report dated 4/11/2013, prepared by Given Associates, LLC (valuation date: 3/1/2013) • Fidelity National Title - title report #F12-7404-86245-SUFF • Survey prepared by Nathan Taft Corwin III Land Surveyor on June 5, 2013 • Letter to NYS Dept of Agriculture and Markets indicating approximate date of first monitoring • Town of Southold - Monitoring Plan • 0 Waiver - NYS Dept of Agriculture and Markets • • Closing Statement, including all closing checks and paid expenses • Checks (copies) issued at time of closing • Title Insurance Policy No. NY-FRVH-SAM-2730632-1-13-86245 issued by Fidelity National Title Insurance Company in the insured amount of $1,138,330.00, dated 7/30/2012 (copy) • Subordination Agreement (copy) from Farm Credit East, ACA submitted to title closer for recording purposes at time of closing • Recorded Deed of Conservation Easement, dated 7/30/2013, recorded in the Suffolk County Clerk's office on 8/9/2013, Liber D00012739, Page 839 (copy) • TP-584 • Town's letter to NYS-DEC, dated 8/14/2013, requesting assigned identifier for registration of conservation easement • Baseline Documentation Report signed by landowner on July 30, 2013, that includes: o signed property condition certification o description and background information o impervious surfaces inventory o tax map, survey map with legal description reading, soils map o aerial and ground photography with photo points map o environmental site assessment summary with Land Preservation Committee's conclusion statement o Appendix - Certified Copy of recorded Deed of Conservation Easement, • dated 7/30/2013, recorded 8/9/2013, Liber 12739 Page 839 • Phase I, Environmental Site Assessment prepared by Nelson, Pope & Voorhis, LLC on May 14, 2013 I trust you will find these documents acceptable for releasing the awarded funds to the Town of Southold for the Maaratooka North, LLC Farm Project. If you should need further information from our file, please contact us. Sincerely, Melissa Spiro Land Preservation Coordinator /md encs. cc: John Cushman, Town Comptroller w/ copy of Claim for Payment • AC325}S (Effective 1/12) State of CLAIM FOR PAYMENT New York • Vendor Information Vendor Name Town of Southold Vendor Identification Number 1000000876 Address City Stale Zip Code 53095 Main Rd (Rt 25) Southold NY 11971. , P.O. Box 1179 Invoice Number FPIG 0800753 Purchase Order No, and Dale Description of Materials/Service QuanN Unit Price Amount FPIG Contract C800757 $530,459.00 Maaratooka North,LLC Farm development rights' easement purchased on 7/30/13 Town of Southold awarded; grant (t~eimt3uFSetilen£ i•egtaestj # Vendor Cer/nl,~~Nandf I certify that tis just, We aiw carted; that no part thereof has bean paid except as staled and that the balance is Total actually We that taxes rose which Me State is exempt are excluded, w~~? Q ~..r.-~(~7 (JefVl.~f7 Discount% _AJ Vendofs Sgnatme in Ink r Title y 3 Town of Southold 53tf X59 Net • bate Name of Company NYS Agency Information Vendor Identification Number Vendor Location ID Vendor Address Sequence Voucher ID Business Unit Name Bus. Unit Interest Eligible Contract ID (Y/N) Payment Date fMMI (DD) IWI LiabilRy Date (MM) (DD) (YY) Merch/Inv. Reed Date (MM) (DD) (YY) WllhholtllRP Class Withholding Amount Handling Code Payee Amount Agency Internet Use Invoice Number Invoice Date FRIG 0804732 PeopleSoft Format Charge Lines (If Applicable) Business Unit Department Program Fund Account Budget Reference Project ID Activ' Class Operating Unit Product Chartfield t - Accumulator Chadfield 2-Ape n Use Grainfield 3 Amount Legacy Format Charge Lines (If Applicable) Ex entlBures Liquidation Object Accuse Amount OrigAgency PO/Contract Line F/P De t Cost Center Var Yr. De t Sbtevritle Liabli Data From Dale TC Subletl er O tonal OFFICE LOCATION: MELISSA A. SPIRO ~~OF SOUry~ Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 A Q Facsimile (631) 765-6640 MAILING ADDRESS: OI~CQU P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 9, 2013 David H. Behm Farmland Protection Program Manager NYS Department of Agriculture & Markets Division of Agriculture Protection & Development 1013 Airline Drive Albany, NY 12235 Re: MAARATOOKA NORTH FARM • Dear Dave: A while ago, I was informed that the Town received a wire transfer of funds from NYS Department of Agriculture & Markets in the amount of $530,459.00 representing payment of an awarded grant for the Town's purchase of a farmland development rights easement on the Maaratooka North Farm. This reimbursement will be put to good use saving additional valuable farmland from residential development here on the northeastern end of Long Island. My sincere thanks for your assistance and your patience while working on this project and seeing it through to its rewarding conclusion. I look forward to working with you again when another worthy project comes along here in the Town of Southold. Sincerely, A4-occ 4V4,6- Melissa Spiro Land Preservation Coordinator • New Window HeIP ,.t Review Payments Payment Details Vend" Name: SOUTHOLO TOWN OF Reference: 0923389 Business Unit AGMOt Invoice Numhar: C800753-1,tFinoi Phone: (518)457-2080 Method: ACH Payment Date: 11119@013 Amount: $530,459.00 USD Pay status: pap Paid To: SOUTHOLD TOWN OF Country: USA Linded States Address 1: 53095 RTE 25 PO BOX 1179 Address 2: Address 3: City: SOUTHOLD County: Postal: 11971 State: NY New York From Key Bw* eMMM Invoice Gross Amount Discount Discount Taken Paid Amount Pymnt Mso 0800753-1st/Final 530,459.00 USD. 0.00 USD 0.00 USD 530,459.00 USD Retum to Payrnents Made R ~ E C O R D E D E ~ A S E M E N T a,. I IIVIII IIII VIII VIII VIII VIII IIIiI VIII VIII IIII IIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/09/2013 Number of Page's: 20 At: 04:42:23 PM Receipt Number : 13-0099056 TRANSFER TAX NUMBER: 13-00883 LIBER: D00012739 PAGE: 839 District: Section: Block: Lot: ~0 115.00 02.00 006.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,138,330.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $100.00 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 $25.00 NO RPT $60.00 NO -Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $230.00 TRANSFER TAX NUMBER: 13-00883 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • M R2 pages / 0 RECORDED 2013 Aug 09 04:42:23 PH • JUDITH B. PASCALE This document will be public CLERK. OF record. Please remove all SUFFOLK COUNTY Social Security Numbers D00012739 P 839 prior to recording. DTa 13-00883 Deed / Mortgage instrument Deed / Mortgage Tax Stamp Recoong / Filing Stamps 3 FEES Page / Filing Fee _I C)o _ Mortgage Amt. I. Basic Tax _ Handling 20. 00 2. Additional Tax TP-584 5 Sub Total Notation SpecJAssit. I~( or EA-52 17 (County) Sub Total J Spec. /Add. EA-5217 (State) (P TOT. MTG. TAX R.P.T.SA. tCCJ_ Dual Town _ Dual County_ Held for Appointment Trans Comm, of Ed. 5. 00 r Affidavit Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total ~S Other ©C7 YES or NO • Grand Total X30 C~ If NO, see appropriate tax clause on page # of thi Wnt,? nity Preservation /Fund 4 Dist./pdyl Section //boa Block )S.ov Lot 106,*,Odemue Real Property 13020677 1000 In' 111500Iy~II02II0OIIIII000~gq66p~000 ion Amout 3pVe Agecy A nfication R os- DTY AU0 t T~ So ice Improved 6 Satisfactie..o,.,.a...._.a,,....~•._.~_~_-_~.., ._~_iddress RECORD & RETURN TO: Vacant Land Y /I~~GHn~<E [w,C'OSK/, cS~.e. Adp'1 TD ~D 70RIAJ OF SourNO'tO .(fT'vd ~'eE vAriO,v .~ePT ? Box //79 TD Na[C zrO.cd, Af x(47/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 c ame A/Arwansi 92ry< vdww.suffolkcountyny.g0v/clerk Title # rM -70 (f - Stev6 8 Suffolk Count Recording t& Endorsement -Page This page forms part of the attached eDn~EEOF INN UMENT EN>- made by: - (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in. • SUFFOLK COUNTY, NEW YORK. TO In the TOWN of at-177J.4,0 4" ~0[G73fd.(Q In the VILLAGE or HAMLET of AF19"Y M<X BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY RIOR. RECORDING OR FILING. ua,ouaaut (over) Deed of Conservation Easement f^"r , THIS CONSERVATION EASEMENT ("Easement") is granted this 20 01- day of July 2013, by MAARATOOKA NORTH, LLC, having an address at 30 East Gate Drive, Huntington, New York 11743 ("Grantor") to the TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. WHEREAS: A. Grantor is the owner of certain real property (the "Property") consisting of 22.50 acres, located on 17405 NYS Route 25, Mattituck, in the Town of Southold, Suffolk County, New York, designated as SCTM# 1000-115-2-6, of which 18.00 acres is subject to this Deed of Conservation Easement (hereinafter, the "Property") and more fully described in the legal survey description of the Property ("EXHIBIT A") and shown on the reduced copy of the survey ("EXHIBIT B"), both attached hereto and made a part hereof. B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation casements. C. The Property consists primarily of productive agricultural land. The Property contains 18.00 acres of prime soils as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District #1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results ...It is therefore the declared . policy of the state to conserve, protect and encourage the development and improvement of its 1 out of 16 i • % agricultural land for production of food and other agricultural products ...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The Property is located within the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. • I. The Property is also located within the County of Suffolk, which has adopted an Agricultural and Farmland Protection Plan dated June 1996, which recommends the continued preservation of productive farmland through the purchase of development rights. In addition, the Plan sets forth the following goals: to preserve agriculture as an important industry in Suffolk County, preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm families. The plan seeks to preserve 20,000 acres of productive farmland through the purchase of development rights and to ensure that public policy protects, promotes and sustains agriculture. J. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, ONE MILLION ONE HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED THIRTY AND 00/00 Dollars ($1,138,330.00) and the mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows: 1. Grant of Conservation Easement. Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and • bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, 2 out of 16 r affecting the Property that is inc onsistent with the covenants contained herein. Grantor Grantee to enforce these covenants in the manner described below. /2.Purpose. y Purpose of this easement is to conserve viable agricultural land and soil resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural and forestry viability and productive capacity. 3. Implementation. This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. The Property remains subject to all applicable local, state and federal laws and regulations. This Easement and the administration of its provisions shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25- AA of the Agriculture and Markets Law. 4. Definitions. 4.(a). "Grantor" or "owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof. • 4.(b). "Grantee" includes the original Grantee(s) and its successors and assigns. 4.(c). "Farm Labor Housing" means dwellings or structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as the primary residence of a farm owner is not "farm labor housing". 4.(d). "Farm Operation" shall be defined in accordance with Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as enacted or amended. 4.(e). "Impervious Surfaces" are defined as structures or improvements that permanently cover soil resources. Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas; structures whose principal purpose is to protect soil and water resources, such as manure storage areas; and structures and improvements lacking permanent foundations. In determining the square footage of Impervious Surface within any structure or improvement on the Property, only those surfaces actually covered with sidewalks, driveways or a continuous foundation that individually would be deemed to be Impervious • Surface shall be included in any such measurement. Under no circumstances shall a 3outof16 • concrete footing associated with any structural support post or column that is not part of a continuous foundation ever be included in any such measurement of Impervious Surface. 4.(fl. "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary, to determine if a practice is "sound," Grantee or Grantor may request that the New York State Department of Agriculture and Markets initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor law as enacted or amended. 4.(g). "Viable Agricultural Land" is defined as land highly suited for agricultural production. 5. Reserved Rights Retained by Grantor. As the owner of the Property, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 ("Purpose") and not specifically prohibited or limited by this Easement. Under no circumstances shall commercial airstrips or commercial helicopter pads or similar improvements be constructed or operated on the Property. • However, nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law and nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God or Force Majeure. 5.(a). Right to Use Property for Agricultural Uses. Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, or such successor law as enacted or amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, or such successor law as enacted or amended, or as said §301(2)(a)- 0) may be amended. The processing or retail merchandising of such crops, livestock or livestock products, and a riding academy shall not be considered agricultural production. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the above, "U-Pick" activities shall be deemed a harvesting • activity, which is part of a typical agricultural use of the Property, and, therefore, shall 4 out of 16 • not be deemed a recreational use. 5.(b). Right to Use Property for Recreational Purposes. Grantor retains the right to use the Property for otherwise lawful personal recreational uses, including, but not limited to, hunting, fishing, cross-country skiing, camping, horseback riding and snowmobiling, subject to the limitations set forth in this Easement, including Section 8 ("Construction of Buildings and Other Improvements"). In all cases, such recreational uses must be compatible with the Purpose of this Easement and subordinate to the agricultural use of the Property. Under no circumstances shall athletic fields, golf courses or ranges, or other similar recreational improvements be constructed. 6. Conservation Plan. Grantor and Grantee recognize that changes in economic and environmental conditions, in agricultural technologies, in accepted farm management practices and in the Farm Operations of Grantor may result in changes in the agricultural uses of the Property. It is the intention of this Easement to maintain Grantor's discretion to employ its choices of farm uses and management practices so long as those uses and all fanning operations are conducted in accordance with Sound Agricultural Practices as defined herein and in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse environmental impacts of agricultural activities, as well as enhance the agricultural productivity • and economic viability of the Property. This plan shall be updated periodically and whenever the Farming Operation changes substantially. Upon request, Grantor shall provide a copy of the most current plan to Grantee. 7. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 8. Construction of Buildings and Other Improvements. Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. 8.(a). Impervious Surfaces Subject to the limitations set forth below, Impervious Surfaces may be constructed or placed on up to a maximum of 10% of the Property. 8.(b). Fences Existing fences may be repaired, removed and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife, safety and general management and to prevent trespassing on the Property. • 8.(c). Agricultural Structures and Improvements 5 out of 16 / i • / Any existing or subsequent agricultural structures and improvements may be repaired, removed, enlarged and replaced at their current locations, subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"). Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious / Surfaces"), Grantor may construct buildings, structures and impervious improvements for such purposes related to the Farm Operation on up to 5% of the Property without permission of Grantee. With permission of Grantee, Grantor may construct buildings, structures and improvements related to the Farm Operation that would cover up to an additional 5% of the Property. For purposes herein, such buildings, structures and improvements shall not include those associated with manure processing and handling or any facilities associated with the processing or marketing of crops, livestock, and livestock products, including a horse riding academy. 8.(d). Farm Labor Housing Subject to the Impervious Surface coverage limitations set forth in Section 8(a), Grantor may construct or place new dwellings or structures exclusively for Farm Labor Housing on up to one percent (1%) of the Property without permission of Grantee. The land on which these structures stand shall not be subdivided. 8.(e). Personal Recreational Structures, Improvements and Activities Structures, improvements and activities associated with personal recreational purposes, subject • to Section 5(b), are permitted on the Property provided that such structures, improvements or activities: (i) are compatible with the Purpose of this Easement; and (ii) are subordinate to the agricultural use of the Property; and (iii) with respect to structures and improvements only, comprise an aggregate footprint of no more than 400 square feet unless Grantee has received prior permission of Grantor pursuant to Section 16. 8.(f) Utility Services and Septic Systems Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, or other utility services to or from the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. All such services and systems shall serve only structures and improvements located on the Property and shall be compatible with the Purpose of this Easement, subordinate to the agricultural use of the Property and located in a manner that minimizes the impact to prime or statewide important soils. • 8.(g). Alternative Energy Structures and Improvements 6 out of 16 • Structures and improvements necessary to undertake alternative energy activities such as wind, solar, and other similar energy generation activities are permitted as further described below, provided they are compatible with the Purpose of this Easement, subordinate to the agricultural use of the Property, and located in a manner that minimizes the impact to prime or statewide important soils. Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), such structures and improvements, including roads and drainage ditches, may be built on the Property only with the permission of Grantee, which may be conditioned upon the posting of a bond. These structures and improvements are permitted only if the activity is limited and localized in impact affecting no more than two percent (2%) of the Property at one time. Prior to determining the location of a site for these structures and improvements on the Property, the Grantor shall notify the Grantee, the New York State Department of Agriculture and Markets, and the local Soil and Water Conservation District to give them an opportunity to participate in an onsite meeting to review proposed locations. Grantor shall agree to comply with the New York State Department of Agriculture and Markets guidelines for agricultural mitigation for construction of such structures. • 9. Maintenance and Improvement of Water Sources. Grantor may use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided Grantor does not significantly impair or disturb the natural course of the surface water drainage on the Property. Notwithstanding the above, Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion and/or flooding, provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with the Conservation Plan, Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable local, state and federal laws and regulations. 10. Water Rights. Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 11. Subdivision. The Property is not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. As required by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1) each resulting parcel contains at least 10 acres of Viable Agricultural Land and (2) each such • parcel is permanently protected with a perpetual conservation easement (whose purpose is equivalent to that stated herein in section 2). 7 out of 16 • The right to construct Impervious Surfaces as set forth in Paragraph 8(a) shall be allocated at the time of a proposed subdivision. Such allocation of rights shall not result in greater than 10% of the j Property being covered by Impervious Surfaces. At the discretion of Grantee, a functionally and materially equivalent Easement may be recorded simultaneously with the filing of the subdivision map. Except as provided above, any other subdivision, recording of a subdivision plan, partition, or any other attempt to internally or externally divide the Property into two or more parcels is prohibited. Mortgages, or other non-possessory interests in land do not constitute subdivisions for the purpose herein, provided such interests encompass the whole parcel. 12. Forest Management. Without permission of Grantee, Grantor may clear forested areas for conversion to farmland, harvest wood for use on the Property including heating or construction of buildings and improvements, manage forested areas for wildlife habitat and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood products, conduct timber stand improvements and construct, maintain, remove, and repair unpaved access roads and "staging areas", those areas where logs are temporarily stored for transport necessary for such activities. All such activities shall be in accordance with generally-accepted forestry best management practices. Such commercial timber harvests and timber stand improvements shall be carried out in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, a Cooperating Consulting Forester with the New York State Department of Environmental Conservation or a qualified forester approved by Grantee. In order to facilitate the monitoring and stewardship of this Easement, and ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13. Removal of Materials; Mining; Excavation The removal of topsoil, sand, gravel, or other material for exportation and/or sale shall be prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. Soil may only be moved and/or removed in accordance with a Conservation Plan (Section 6), to promote required drainage activities, to construct and maintain pemritted structures and improvements on the Property, and for agricultural uses. 14. Road Construction. 8 out of 16 • Jubject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct roads necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement. Roads constructed on the Property shall be located in a manner that minimizes impacts to the prime and statewide important soils. 15. Dumping and Trash. The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, the storage of old farm equipment used for parts, and composting or re-use of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated off the Property for non-commercial use on the Property, so long as they are used and stored in accordance with Sound Agricultural Practices. No biodegradable material used for composting, whether generated on the Property or imported to the Property, may be used for resale. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property is permitted by this Easement. 16. Permission of Grantee. When Grantor is required to obtain Grantee's permission for a proposed action pursuant to the Easement, such permission shall be requested in writing. Grantee shall grant permission unless it • determines that such action is 1) incompatible with the Purpose of this Easement or 2) not subordinate to the agricultural use of the Property. Such permission shall not be unreasonably withheld. Grantee shall respond with a decision in writing within forty-five (45) days of receipt of the Grantor's written request which shall include all relevant building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. If mutually agreed upon by Grantee and Grantor, this timeline may be reasonably extended. Grantee shall not be liable for damages for any failure to grant permission to Grantor. The permission contemplated in this Paragraph is in addition to any other approvals that may be required by the Town Code of Southold (the "Town Code"). 17. Ongoing Responsibilities of Grantor and Grantee. Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 17.(a). Taxes Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If, as a result of such actions, Grantee ever pays any is taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee 9 out of 16 pk eep and Maintenance 7ZGrantor ame. shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. 17.(c). Liability and Indemnification Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 18. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, all non-agricultural development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. • 19. Baseline Documentation. By its execution of this Easement, Grantee acknowledges that the present uses of, and related structures and improvements on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including relevant maps and photographs, describing such condition at the date hereof, has been prepared and subscribed by both parties, and a copy thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 20. Right of Inspection. Grantee shall have the right to enter upon the Property with forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. • 10 out of 16 • Enforcement. If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, / giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in f/ Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly / diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 22. Transfer of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or • public agency that, at the time of transfer is a "public body" or "not-for-profit conservation organization" as defined by Article 49 of New York State Environmental Conservation Law or "qualified organization" under Section 170(h) of the Code, provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist or qualify under Article 49 of New York State Environmental Conservation Law and Section 170(h) of the Code, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets must be notified in writing in advance of any such transfer. The Department of Agriculture and Markets must approve the choice of any new non-governmental organization or public agency designated as "Grantee" and shall not unreasonably withhold or delay such approval. 23. Transfer of Property. Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This conveyance, lease, mortgage, easement, etc. is subject to a Conservation Easement which runs with the land and which was granted to the Town of Southold, Suffolk County, New York by instrument dated July 30, 2013, and recorded in the office of the Clerk of Suffolk County at Liber Page " Grantor shall notify Grantee and the New York State Department of Agriculture and Markets in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or New York State Department of Agriculture and • Markets or to include said language in any deed or instrument shall not, however, affect the l1 out of 16 7/24. validity or applicability of this Easement to the Property or limit its enforceability in any way. Alienation No property rights acquired by Grantee hereunder shall be alienated except upon notice to the New York State Department of Agriculture and Markets and pursuant to the provisions of Chapter 70 of the Town Code, or any successor chapter, 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 these property rights or interests which were acquired by the Town prior to any such amendment. In the event of any such alienation as provided in this Section 24, Section 27 ("Proceeds") of this Easement shall apply to such alienation. 25. Amendment of Easement. This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Environmental Conservation Law or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law or such successor law as enacted or amended. Any such amendment to this Easement shall be duly recorded. • 26. Extinguishment of Easement. At the mutual request of Grantor, Grantee, and the New York State Department of Agriculture and Markets, 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 2 ("Purpose"), extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain, make impossible the continued use of the Property for the Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 27 ("Proceeds") herein. In the event that Grantor retains the Property subsequent to any such extinguishment or partial extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property as to which the extinguishment applies times the percentage determined under Section 27. 27. Proceeds. • The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for 12 out of 16 i• purposes of calculating value in the event of any such extinguishment or partial extinguishment, alienation or proceeds from a sale or other disposition of the Property as contemplated under Section 24 (`Alienation") or Section 26 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the 'Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is 76%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to that paid using State Farmland Protection Program Grant funds, Grantees agree to use such portion in a manner consistent with the primary Purpose of this Easement; to enable land to remain in active agricultural and forestry use. Prior to such re-use, Grantee must notify the New York State Department of Agriculture and Markets 28. Interpretation. This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. • 29. Successors. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 30. Severability. Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 31. Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i) by personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and three (3) business days after same is delivered to a post office or deposited in an official depository under the exclusive care and custody of the United States Postal Service. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property; or (d) if to New York State Department of Agriculture and Markets, I OB Airline Drive, Albany, New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly • giving notice pursuant to this Section. 13 out of 16 32. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 33. Subsequent Liens on Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. Any subsequent liens on the Property must be subordinate to this Easement. 34. Subsequent Encumbrances. The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. Any future encumbrances shall be consistent with the primary Purpose of this Easement and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 35. Grantor's Environmental Warranty. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous • substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to hold harmless, defend, and indemnify Grantee and New York State Department of Agriculture and Markets against and from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. 36. Duration of Easement. Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no • merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or 14 out of 16 • subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 37. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment of Easement'). 38. Waiver. No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 39. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use • thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 40. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. TOO NORT C Grantor / r By: Eric D. Ket , Managing Member TOWN OF SO HOLD Grantee: Q . By: 9-C WT A. RUSSELL, Supervisor 15 out of 16 • tale of New York ) County of ~1ff ss: On the _ day of July in the year 2013 before me, the undersigned, personally appeared Eric D. Keil, 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. Signature/office of individual taking acknowledgement State of New York ) PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 County of ~FDt C) ss: Qualified in Suffolk County q ~ 1S Commission Expires April 24, o ^ On the c5d day of July 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. ~An111A ~ ~.(/a[X Y/./L Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified in Suffolk county commission Expires April 24, ,26 16 out of 16 SCHEDULE A • Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the southeasterly comer of land now or formerly of Roland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RLJNNING THENCE North 18 degrees 34 minutes 22 seconds West, 490.66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sider; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sider, 2,116.75 feet to a monument and the southerly line of Long Island Railroad (MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Roland fast mentioned above; ING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 to the point or place of BEGINNING. g SURVEY OF DEVELOPMENT RIGHTS EASEMENT AREA MAARATOOKA NORTH, LLC MATTITUCK 8;Y`:1a TOWN OF SOUTHOLD S SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-02-06 SCALE 1"=100 DONE 5. 2013 ' ~i GM1.IncxT acxrs lA11.w++wu n..R.ooo o Iaa ovo .L/uoo a ~ oa ET+ AREA • ,TA, LoT ARE. aso. u..a. 11 /lxsoo . 'S d7 C KEY MAP rcnrru-n m. rC It SCALE 1"=1000 To.m or SOUTHOLD Ei1 y 1.111111 mnoxu 1-111 .11x1.11 cm+r.x. N Y5 AGRICULTURE PRLTS W F-' 0 fyP`I~U PO y65Ti III `SPA N LpNo o65H. ~ ° o ~ 5L Nb~ m, a Nf P i ~ $ p(V[l0 PI4,R5 [,SNNT PPV J y~ e, Ix( .prx p, fpY.xuc IP~.~m i,... r,.mp wl ~i N h x ~r 3 d C b \ w 00 m N i 6fi5e swe.. I:ee.p \s 4 o m..rt.s v mv. m o• n.,, w s N a 9)'J6'IO" w ~"~souµx 9J.i6' O ~ =ti atnan Taft Corwin III ,~u. N 67,6]0- w azz.,~ Land Surveyor ~m MAIN ROAD NYS RT 25 C ~ O V E N A N T S ~ R E S T R I C T I O N ~ S DECLARATION OF COVENANTS AND RESTRICTIONS r7AARATOOKA NORTH, LLC 17405 Route 25, Mattituck Town-of Southold, County of Suffolk, State of New York • SCTM'# 1000-115.00-02.00-006.000 I I i CC # : C13-23449 • COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 05/3112013 under Liber D00012731 and Page 519 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County and Court this 05/3112013 • SUFFOLK COUNTY CLERK CCV// JUDITH A. PASCALE SEAL I • I 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 111111 IIIII I(iil IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/31/2013 Number of Pages: 9 At: 12:50:31 PM Receipt Number : 13-0065406 LIBER: D00012731 PAGE: 519 District: Section: Block: Lot: 1000 115.00 02.00 006.000 EXAMINED AND CHARGED AS FOLLOWS eceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-5H4 $5.00 NO Notation $0.00 NO Cert.Copies $11.25 NO RPT $60.00 NO Fees Paid $161.25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALS County Clerk, Suffolk County I M T 2: Number of pages / RECUKED • 2013 Play 112:50131 r-n JUDITH A. PRSIPLE This document will be public CLEW OF record. Please remove all L w D D0 000tT `2731v L 1 Social Security Numbers P 519 prior to recording, Deed / Mortgage instrument Deed / Mortgage Tax Stamp Recording / riling Stamps 3 FEES Page / Filing Fee Mortgage AML _ Handling 1. Basic Tax 2. Additional Tax TP-584 Sub Total ' Notation Spec./Assit EA-52 17 (County) - _ Sub Total_ or Spec. /Add. _ EA-5217 (State) TOT. MTO. TAX _ R.P.T.SA. Dual Town_ Dual County Comm. of Ed. 5, 00 Held for Appointment - ~ Transfer Tax Affidavit ' Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. W family dwelling only- Other Sub Total YES or NO - _ cot Grand Total t If NO, see appropriate tax clause on - -page#af this iMttrrmcnt 1~ 1000 11500 0200 006000 4 Dist. 2493589 I~I~~ o orb 5 Community Preservation Fend Real Propel R T S Tax Service IIill Jill 1rnl4r~I~~I MPJ,~,i~rlluprr'YII~~Ia'IIIIII~qiryI~II' 111 R l.Wl A Consideration Amount $ - Agency 31•MAY•1 Verification CPF Tax Due $ Saris[actions/Discharges/Releases 1-is[ Property Owners Mailing Addmss Improved 6 RECORD & RETURN TO: `VCBFC &\)a kr v Vacant Land _ (ta55 4 9aSN/.'P- P-6 P~~X trlb m fa i ~TtR C K aj_Y l l eri d, TD TO Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 Co. Name i d-tll 111 `C-i l4v e-- wwwsuifolkcountyny.gov/clerk Title# F12,--lµ-or - is(a q.- SOGF R Suffolk Count Recording & Endorsement Page This Page torts part of the attached ~2 d d.l'ttt W dk l sal A 5 F 1Z ~C-irlMS made by: (S PECIFY TYPE OF INSTRUMENT) rn aara-~a- tij , L~[, The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of _ sc' 3Hi~ j -~W iJ D F SoUT1-EUI.D In the VILLAGE --t ~}~~l~t2FrS~?Jjk~l[J~1 nfLj>4~ or HAMLET If Wd-),Ai{uck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS h DECLARATION made this day of May, 2013, by Maaratooka North, LLC, with principal place of business at 30 East Gate Drive; Huntington, New York 11743 hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of a 22.5 acre parcel (SCTM # 1000- 115.00-02.00-006.000) located on 17405 Route 25, Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to create an open development area pursuant to Article Vlll of Chapter 240 of the Town of Southold Town Code as shown on the Map entitled "Maaratooka • North, LLC Open Development Area" (hereinafter "Filed Miscellaneous Map"), prepared by Nathan Taft Corwin 111, Land Surveyor, dated June 20, 2010 last revised November 5, 2012; and WHEREAS, the Filed Miscellaneous Map includes an 18 acre portion of the Property designated as the Development Rights Easement Area (hereinafter "Easement Area") which was required to be preserved for agricultural purposes as part of the Town Code requirements for an ODA, and a 4.5 acre portion of the Property designated as the Open Development Area (hereinafter the "ODA'); and WHEREAS, this 4.5 acre ODA meets the minimum bulk schedule of 80,000 square feet per lot for three lots in the Agricultural Conservation zoning district. The minimum bulk schedule calls for 80,000 square feet per lot, and in this case requires a minimum of 5.51 acres for three lots. The adjacent Development Rights Easement Area • contains 1.01 acres of the required 5.51 acres preserved as subdivision open space. ~ I i • Subdivision open space is the land required to be preserved as a result of the Planning Board creating lots, or in this case, open development areas, that are smaller than the zoning requires for lot sizes; and WHEREAS, the 1.01 acre of subdivision open space is included in the 18-acre preserved Easement Area. The Town will purchase the development rights from the landowner for 16.99 of the 18 acre Easement Area. The 1.01 acre of subdivision open space has no development rights value because its development rights are associated with the 4.5-acre ODA, and was required to be set aside as preserved land. The subdivision open space (1.01 acres) is set aside as part of the Easement Area so that a potential future lot can be created in the ODA at a size less than the required minimum lot size (80,000 square feet) in effect for the Property at the time this document was • recorded; and - WHEREAS, for and in consideration of the granting of said open development - area application for the Property, as shown on the Filed Miscellaneous Map, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of a development rights easement over the Easement Area on the Filed Miscellaneous Map through grant contract no. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, among other things, and the DECLARANT has agreed to this condition; and • ~I 2 l • WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot • shall be subject to a formal subdivision approval of the Southold Town Planning Board. 2. A perpetual right, for purposes of ingress and egress, shall be reserved to the 18 acre Easement Area from the Main Road (NYS Route 25). This right of ingress and egress shall not traverse through the permitted lot. 3. Fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. The portion of the ODA that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code. • 3 • 4. Future owners are advised that the property is subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 5. All stormwater run-off resulting from the development of the property on the Filed Miscellaneous Map shall be retained on site and shall be the responsibility of each future property owner. 6. Utilities, including but not limited to electric, gas, telephone and television, must be located underground. 7. In the event that the Development Rights sale is not completed pursuant to the Filed Map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's • approval of the Open Development Area shall no longer be valid; The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the 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. 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 i these covenants as a whole, or any other part or provision hereof other than the part so j i. adjudged to be illegal, unlawful, invalid, or unconstitutional. • 4 The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. 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. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and 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. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. I DECLARANT: i MAARATOOKA NORTH, LLC 1 By_ Y I. E C L, Member • 5 STATE OF NEW YORK) f COUNTY OF SUFFOLK) ss.: .F' On this day of , in the year 2013, before me personally appeared ERIC D. KEIL, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf Th tZind rument. executed the inst Notary Pubfic DANIEL C. A055 Notry P Now Yoft HIL QMM00 in suff6a CowrtY Coffm*sIm Expino Aug. 31, • I III I I I I 6 SCIIEDULE A-1 (Description) - ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1 185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said northerly side of Main Road, 322.11 feet; RUNNING THENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet; 1 • RUNNING THENCE South 87 degrees 36 minutes 20 seconds East, 93.15 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2467.15 feet to a monument and the southerly line of Long Island Railroad (MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 2377.93 feet to the northerly side of Main Road and the point or place of BEGINNING i i T • I T L E P O L I ~ C Y • Abli. e Fidelity National Title Insurance Company 4V OLICY NO.: NY-FRVH-SAM-2T0632-1-13-56245 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17106) 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 fie given to the Company at the address shown in Section 18 ofthe Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONSFROMCO ERA GE CONTAINF,D INSCHEDULE 8, AND THE CONDITIONS, FIDELITY AATIONAL TITLE INSURANCE COMPANY, a Californiacorporation(the "Company') insures, as of Date ofPolicyand, to the extentstan d in Covered Risks 9 and III, after Date of Policy, against loss or damage, not exceedingthe Amount oflnsurance, sustromed or incwTedly the Insured by reason of 1. Title being vestedother than as stated in ScheduleA. 2. Any defect in or lien or encumbranceon the Title. This Covered Risk includes but is not limiledto insurance against lossfrom (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure ofany person or Entity to have authorizeda transfer or conveyance; (tit) a document affecting Title natproperlycreated, executed, witnessed, seated, acknowledged, notarized, or delivered; (N) failure to perform those acts necessary to create a document by electronic means authorized bvlaw, (v) a document executedunder a falsified, expired, or otherwise invalidpower ofattorney, (vi) a document notproperlyftled,recorded, or indexedin the Public Records includingfaihnetoPerform those acts by electronic means authorizedbylaw; or (vii) a defectivejudieialor administrativeproceeding (b) The lien ofreal estate taxes or assessmentsimposedon the Title by a governmentalauthoritydue orpoyable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, oradversecircunrslanceaffectingthe Title thatwouldbe disclosedbyan accrateandcompleteland surveyofthe land. The term "encroachment"includeseneroachmenlsofexisting improvements lecated nn the Lad onto adjoining land, and encnmchmentc. onto the Land of existingimprovenenislocated on adjoining land. 3. Unmarketable Title. 4. No right ufaccess to and from the Land. 5. The violationor enforcementoinany law,ordinance,permit, orgovernmetalregulation(includingthose, relatingto boildingandzoning) restricting, regulating, • prohibiting, or relutingto - (a) the occupancy, use, or enjoymentof the Land; (b) the character, dimensions, or location ofany imprmenentereetedon the Land; (c) thesubdivisionofland; or (d) envirmrmentalprotecbon ifa notice, describingany part oftheLand, isrecordedin the Public Recordssetting forththe violationor intenionto enforce, butonly to the extent ofthevioladon or enforcementreferred to in that notice. - 6 An enforcementaction basedon the exercise ofa governmentalpolicepower not coveredby Caverec isk 5 ifa noticeofthe eforcementaction, describingany part of the Land, is recorded in the Public Records, but only to the extent of the enforcementreferred to in that notice. 7 The exercise ofthe rights ofesi rent domain ifu notice ofthe exercise, describinganypart of the Land, is recorded in the Public Records. 8. Any taking by a governmentalledy that has occurredand is bindingon the rights ofa purchaserfor value without Knowledge. 9. Title being vestedother than as stated ScheduleA or being defective (a) as a resultofthe avoidance in whole or impart, orfrom a courtorderprovidingan alternativeremedy, ofa transferofallor arypart ofthe title to or any interestin the Landoccurringpriorto the transac/iozvestingTit/e asshown in ScheduleA because thalprlortransfercomtimtedafraudu/entorpreferential transfer underfederal bankruptcy, state insolvency, or similar creditors'rights laws; or (b) because the instrument oftransfer vesting rifle as shown in ScheduleA constitutes a preferential transfa-underfederal bankruptcy, state insolvency, or ..similar creditors'rights laws by reason of the failure offs recording in the Public Records (i) to be timely, or (ii) to impart notice ofits existence to apurchaserfor value or to ajudgmentor lien creditor. 10. Any defect in or lien or encumbranceon the Title or other matter included in Covered Risks I through 9 that has been created or attachedor has been filed or recordedin the Public Reeordssubsequentto Date of Policyandpriorto the recordingofthe deed or other i nstranentofiransfe•in the PublicReeordsthat vests Title as shown in ScheduleA. The Company will also pay the costs, attorneys fees, and expenses incurred in defense of any matter insured aguinst by this Policy, but only to the extent provided in the Conditions. N WIT NESS WHEREOF, FfDF.LITYNA TTONAL TITLE INSURANCE COMPANYhas caused this policy to be signed and sealed by its duly amhorizedofucers. Fidelity National Title Insurance Company ax 4w] g A EST •C'untersigned 75107_Authonced SigTnatory 273() ALTA Owner's Policy (6117/06) w/New York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-2730632-1-13-86245 Title No.: F 12-7404-86245-SUFF SCHEDULE A Amount of Insurance: $1,138,330.00 Date of Policy: July 30, 2013 at 9:00 AM 1. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Conservation Easement interest in real property as defined by Article 49, Title 3 of the Environmental Conservation Law of New York State 3. Title to the estate or interest in the land is vested in: Town of Southold Grant of Development Rights Easement from Maaratooka North LLC dated July 30, 2013 and recorded August 9, 2013 in Liber 12739 page 839. • 4. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. • SchedalcA O,ac, S Policy Page I Re, (02/04) - Fidelity National Title Insurance Company Policy No: NY-FRVH-SAM-2730632-1-13-86245 Title No.: F 12-7404-86245-SUFF SCHEDULE A-1 Description Amended 06/13/13 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly comer of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the comer formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE North 18 degrees 34 minutes 22 seconds West, 490.66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sider; • RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2,116.75 feet to a monument and the southerly line of Long Island Railroad (MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Roland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 feet to the point or place of BEGINNING. Amended 06/14/13 INFORMATION ONLY - NOT to be insured "Open Development Area" ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N_Y.S. Route 25, at the Southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said northerly side of Main road, 322.11 feet; RUNNING THENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet; RUNNING TIIENCE South 87 degrees 36 minutes 20 seconds Fast, 93.15 feet to land now or formerly of Sider; Schedule Ad (Description) Owner s Poliev Paget Rev. (02/04) Fidelity National Title Insurance Company Policy No.: NY-FRVII-SAM-2730632-1-13-86245 Title No.: F I 2-7404-86245-SUFF SCHEDULE A-1 Continued RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 350.40 feet; RUNNING THENCE North 87 degrees 36 minutes 20 seconds East, 455.41 feet; to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds Fast along said land now or formerly of Ruland, 490.66 feet to the point or place of BEGINNING. FOR INFORMATION ONLY - NOT TO BE INSURED "ENTIRE Parcel" ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly comer of the premises herein described and the southeasterly corner of land now or formerly of Roland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the comer formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said northerly side of Main Road, 322.11 feet; RUNNING THENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East, 93.15 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or fonnerly of Sider, 2,467.15 feet to a monument and the southerly line of Long Island Railroad (MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Roland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 2,377.93 feet to the point or place of BEGINNING. • Schedule A-1 (Description) 0,ner s Police Page 3 Rcv_ (02/04) Fidelity National Title Insurance Company Policy Number: NY-FRVII-SAM-2730632-1-13-86245 Title No.: F12-7404-86245-SUFF SCHEDULEB - PARTI 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. Rights of tenants and persons in possession. 2. Tax search shows the assessed owner is paying Town, School, Village taxes at a reduced rate as the result of a Agricultural exemption. Company excepts the retroactive imposition of Town, School and/or Village real property taxes, interest and/or penalties that may be assessed as a result of the transfer of ownership or a change in the property classification. 3. Declaration of Covenants & restrictions in Liber 12731 cp 519. 4. Survey made by Nathan Taft Corwin III dated 06/05/ 13covering premises and more shows as to subject premises: vacant land. Visible berm in westerly premises; farm road encroaches East of part of westerly record line. 5. Policy excepts rights of others over and along that portion of the premises being encroached upon by the farm road encroaching into the westerly part of premises. 6. Mortgage made by Maaratooka North, LLC to First Pioneer Farm Credit, ACA in the amount of $1,150,000.00 dated December 15, 2003 and recorded February 6, 2004 in Liber 20644 page 881. 7. Mortgage made by Keil Alvahs Lane Farm, LLC and Marratooka North, LLC to First Pioneer Farm Credit, ACA in the amount of $1,700,000.00 dated December 23, 2008 and recorded January 6, 2009 in Liber 21779 page 689. • schedule 13 ONncr'S Policy Page 4 Rcv_(0"04) 0 Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added as a Covered Risk: "I L Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials famished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of 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 lit/e insurance Company f 4TLEST ,/i7~ Saumary • S ] ANDARD NEW YORK LNDORSEMLN 1 (7-01-I'_) 1 OR USE WI111 ALFA LOAN POLICY (6-17-06) The f(a mvAnyla ,oareexpressly excluded from the coverage ofthis EXCLUSIONS policy,andthe FROM COVERAGE Companywill not pay lessor damage,costs,attorneys'fees, orexperesesthatarise byreasonof 1. (a) Any lawrdinance, permit, or governmental regulation(includingthose relalingtu buildingand zoning) restricting,regulating, prohibiting,or relatingto • (i) the oc oloincy,me, or citpymentefthe Land; (ii) the character. dimensions or locationofmy improvementerected on the land; (iii) the subdivisionofland; or (iv) environmentalprotection; or the effect of any viol ationof these laws, ordinances, or govenmiemal regulations.This Exclusion I (a) does not modify or limit the coverageprovidedunder Covered Risk 5. (b) Any govemmentalpolice power. This Exclusion I(b) does not modify or limit the coverageprovided under Covered Risk 6. 2. Rights of eminent domain, This Exclusion does not modify or limit the coverage provided under Covered Risk? or S. 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 Companyby the Insured Claimant prior to the date the Insured Claimant became anInsured under this policy; (c) resultingin no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy (however, flits 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 forthe Title. 4. Any claim, by reason of the operationof federal bankruptcy,state insolvency,or similar creditors'rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyanceor fraudulenttransfer; 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 imposedby govemmentalauthorityand created or attachingbetween DateofPolicyand the date ofrecording ofthe deed or other instrumentof transfer in the Public Records thatvests title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS from the Insured ofeither (i) an estate or interestin the Land, or (it) an obligationsecured The followingterms when used in this policy mean. by a purchase money Mortgage given to the Insured. (a) "AmountofInsurance": The arnountstated in ScheduleA, as maybe increased or 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT decreased by eadorsementto this policy, increased by Section 8(b), or decreased by Sec- The lnsuredshall notifythe Companypromptlyin wrifing(i) in ease ofmylitigation tions 10 and 1 l of these Conditions. as set forth in Section 5(a) of these Conditions,(ii) in case Knowledgesball come to an In- (b) "Date of Policy": The date designated as`Use ofPoliev"in Schedule A. sured hereundcrofmyclaimoftitleor interestthat is adverse to the Title, as insured, and (c) "Entity": A corporation, partnership, trust, limited liability company, or other Lhatmightcauseloss ordamageforwhichtheCompanymaybellablebyvimteofthis 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. prejudicedby the failmeofthe Insured Clauranttoprovidepromptnotice, the Company's (i) The term"Insured"also includes IixbilitytothelnsuredClaimantunderthepolicyshallbereducedtotheextentoftheprej- (A) suwessorstofheTitleofthelnsuredbyoperationoflawasdisdngidshed udice. - from purchase, includingheirs, 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 town Insured bydissolution,meager, consoltdation,distribu- Companymay, at its option, require as a conditionofpaymmtthat the Insured Claimant Lion, or reorganization; furnish a signed proof of loss. The proof of loss most describe the defect, lien, encwn- (C) successors to an insured by its commionto another kind of Entity; brance, or other matter insured againstby this policy that constitutes the basis of loss or (D) a grantee of an Insured under a deed deliwiedwithoutpaymentofactual damage and shall state, to the extentpossible, the basis of calculatingthe amounlofthe aluable considemtionconveyingthe Title loss or damage. (1) if the stock, shares, memberships, or other equity interests of the 5. DEFENSE AND PROSECUTION OF AC'T'IONS grantee are wholly-owned by the named insured, (a) Upon written request by the Insured, midsubject totheoptions conlainedinSec- (2) ifthe grantee whollyowns the named Insured, tion?of these Conditions,the Company,at its own cost and withoutummonabledelay, (3) if the granteciswholiyownedby an affiliated Emityofthenamed shall provide for the defense of an Insured in litigationin which any third party assertsa Insured,providedthe affiliatedEntityand the namedhisured are both wholly-owned bythe claim covered by this policyadverseto the lnsured.This obligaticais limitedloonlythow samepersonor Fntity,or - statedcauscsofactionallegingmattersinsuredagainstbythispolicy.The Companysholt (4) if the grantee is a trusteeor beneficiary Ofattusturmted by awritten have the rightto select counsel of its choice (.subject to the right ofthelnsuredto object for instrumentestablishedby the Insured Owed in ScheduleA for eslateplanningprrposes, remonablecause) to representthelnsured as to those stated muses 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 fenses as to any successor that the Company would have had against anypredecessorln- fees, costs, or expenses incurred by the Insured in the defense of those causes of action sated. that allege matters not insured against by this policy. (e) "Insured Claimant": An Insured claimingloss or damage. (b) The Companyshallhavethe right, in additiontotheoptionscontainedin Section (1) 'Knowledge"or"Known":Actualknowledge,nofconstmctiveknowledgeorno- 7 oftheseConditions,at its own cast, to instituteand prosecuteanyaction or proceeding or lice that maybe imputed to an insured by reason of the Public Records or any other rec- to do anyotheract that in its opinion maybe necessaryor desirablem establishthe Title, ords(hat impart constructivenotice of matters affecting the Title. as insured, or to preventor reduce loss or damageto the Insured. The Companymaytake (g) `t.and": The land desoribedin Schedule A, and affixed improvementsthat bylaw any appropriateaclionunder [he terms of this policy, whether or not it shall be liableto the conslituterealproperty. I' he term"Land"does not includeanypropertybeyond the lines of Insured. The exercise of these rights shallnotbe an admissionofliabilityer waiverofmy the area described in ScheduleA, nor any right title, interest, estate, or easement in abut- provision of this policy. Ifthe Companyexetciscs 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. limitthe extent that a right of access to and from the Land is insured by this policy. (c) Wheneverlhe Company brings an action or asserts a defense as required or per- (h) "Mortgage':Mortgage,deedoftrust,tmstdee(Lorothersecutityinstmmentin- miffed by this policy,the Company may pursue the litigationto a final determinationbya cludingone evidencedby electronicmeans authorizedby law. wurtofcompetentjurisdiction,and itexpresslyreservesthe right, in its sole discretion,to (i) "Public Records": Records establishedunder state statutes at Date of Policy for appeal from arty adverse judgment or order. the purposeofimpartingconstmetivenotice of matters relatingto real propertylo purebas- 6. DUTY OF INSURED CLAINIANTTO COOPERATE ers for valueand wilhoutKnowledge.With respeclto Covered Risk 5(d), "Public Records" (a) In all cases where this policy permits or requires the Companyto prosecute or shall also include environmental protection liens filed in the records of the clerk of the provide forthe defense of my action or proccedingand my appeals, the Insured shall w- United States District Court forthe district where the Land is located . cure to the Companythe rightto so prosecuteor providedefenseintheaction orprocted- G) "Title": The estate or interest described in ScheduleA. ing, includingthe right to use, at its option, the time of the Insured for this purpose. (k) "UnmarketableTitle". Title affectedby an allegedor apparentmatterthat would Wheneverrequested by the Company,thelnsured, at the Company's expense, shall give - Permit a prospective purchaser or lessee of the Title or lender on the Title to he released the Companyall reasonableaid(i) in securingevidence,obtainingwitmsses, prosecuting from the obligationto purchase, leuse,or lend if there is a contracmalcondilionrequiring or defendingthe action or proceeding,or effectingsettlement and (n) in any otherlawful the deliveryof marketable title. act that in the opinionof the Companymay be necessaryor desirablew establishthe Title 2 CONTINUATION OF INSURANCE oranyothermatterasinsired_ If the Company is prejudicedby the failureoftheinsrued to The coverageof Ibis pulicyshall continue in force as of Date of Policy in favorofan famish the requiredcoopemlion,the Company'sobligations to thelnsmedunder the policy Onsured, but onlyso lunges the Insured retains an estate or interest in the Land or holds an shall terminate, includingany liabilityor obligationto defend, prosecute,or contmucany obligationsecured by a purchase money Mortgagegivenby a purchaser from the Insured, litigation,with regard to the matter or matters requiring such cooperation. or onlyso longest the Insured shall have liabildyby reason of warranties in any transfer or (b) The Companymay reawnablyrequirethe Insured Claimanttnsubmit mexamina- conveyanceof the Title. This policy shall not continue in force in favorof any purchaser tionunderoathbyanyauthonzedrepresentabveoftheCompmyandtoproduoefomm- 2730632 (5/07) ALTA Owners Policy (6117106) w/New York coverage Endorsement Appended ination, inspection, and copying, at such rervonabletimes and places asmaybe designated 11. LIABILITY NONCUMULATIVE by the authorizedrepresentativeofthe Company, all records, in whatevermedium main- The AmountofInsurance shall be reduced by any amount the Companypays under twined, including books, ledgers, checks, memoranda, correspondence, reports, a-mails, any policy insuring a Morgageto which exceptionis taken in SchcduIeB or to which the disks, tapes, and videos whether bearing a date before or after Date of Pot icy, that reasona- Insured has agreed, assumed, or taken subject, or which is executed by an Insured after blypertain to the loss or damage.Further, ifrequestedby any authorizedrepresentative of Date ofPoliey and which is a charge or lien on the Title, and the mount so paid shall be 0 he Company, the Insured Claimant shall grant its permission, in writing, for any mthor- deemed a payment to the Insured under this Put icy. ized representative of the Company to examine, inspect, and copy all of these records in 12. PAYMENT OF LOSS the custodym control of a third party thatreasonablypertam to the loss or damage. All in- When Iiabi)ity and the extent of loss or damage have been de}initelyfixed in accord- foriationdesignated 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 reamnublejudgment 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT of the Company, it is necessary in the administrationofthe claim. Failure of the Insured (a) Wheneverthe Company shall have settled and paid a claim under this policy,it Claimant to submit for examination under oath, produceany reasonablyrequested infix- shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all mation, or grampermissiunto secure reasonablynecessary information from thirdparties otherrights and remedies in respectlo the claim that the Insured Claimanthas againstany as required in this subsection,unlesspmhibitedby law orgovemmentalregulation,shall person or property, to the extent of the mount of any loss, costs, attorneys'fees,andex- terminate any liabilityof the Company under this policy as to that claim. penes paid by the Company.Ifrequestedby the Company, thelnsuredClaimamshallex- 7, OPTIONS TO PAY OR OTTIERWISESETILE CLAIMS; TERMINATION ecute documents to evidence the transfer to the Company ofthese rights and remedies. The OF LIABILITY Insured Claimant shall permit the Companyto site, compromise, or settle in the time of In case of a claim under this policy,the Companyshallhave the followingadditional the lnsuredClaimantanltouse the name ofthelnsuredClnimantinanytransactionorlit- oplions: igation involvingthese rights and remedies. (a) To Pay or Tender Payment of the Amount of Insurance. Ifa paymenton accountofa claim doesnolfullycoverthe lossofth,InsuredCtaim- To pay or tenderpaymentofthe Amount of insurance under this policytogelherwith am, the Company shall defer the exercise of its right to recover until after the Insured any costs, allorneys'fees, andexpenses incurredbythe lnsuredC)aimant that were author- Claimant shall have recovered its loss. izedby the Companyup to the time ofpaymentorienderofpwymentand that the Compa- (b) The Compary'srightofsnbrogationincludestherighmofthelmumdtoindemni- ny is obligatedto pay. Lies, guaranties,otherpoliciesofinsmance,or bonds, notwithmandinganyterms or condi- Upon the exercise by the Companyofthis option, all liahilityand obligafionsof the lions contained in those instruments that address subrogationrig)ts. Companyto the Insured under this pol icy, other than to make the paymentrequired in this 14. ARBITRATION subjection, shall terminate, includingmy liabilityor obligationto defend, prosecute, or Either the Company or the Insured may demand that the claim or controversyshall be continue any litigation, submitted to arbitmtionpursuantto the TilleInsurance ArbitrationRulesofthe American (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the In- LmdTiticAssociation("Rules") Exceptas providedin the Rules, there shall be nojom- sured Claimant. der orconso)idationwith claims or controversiesofotherpersons. Arbitrablematters may (i) To pay or otherwise settle with odruparties for or in the name of an Insured include, but are notlimiteduo, my conlroversyor claim betweentheCompanyandtheln- Claimantanyclaim insured against under this policy. In addition, the Company will pay cured arising out Ofor relatingto this policy'anyservicein connectionwith its issnanceor anycosts, attomeys'fees, and expenses incuredbythe lnsuredClaimant dim were author- the breach of a policy provision, or to any other controversy or claim arising out of the ized by the Companyup to the time ofpaymentand that the Company is obligatedto pay; trmsactiongivingrisclothispolicy,AllarbitrablematterswhentheAmountoflnsurmce or is $2,000,000or less shall be arbitratedal theoptionofeitherthe Companyor the Insured. (it) To payorotherwiscseltlewith the lnsuredClwimantthc loss or damage pro- All arbitrablematters when the AmountofInsurance is or excess of $2,000,000 shall be videdforunderthis policy,logetherwith any costs, attomeys'fees, and expenses incurred arbitraledonlywhenagreedlobyboththe Companymdthelnsured.Arbitmtionpursumt by the Insured Claimantthat were authorizedby the Company up to the time otpayrment to this policy and under the Rules shall be binding upon the parties. Judgment upon the and that the Company is obligatedto pay. award rendered by the Arbitrator(s)may be enteredin any courtolcompetentprisdiction. 0Uponthe exercise by the Cempanyofeitherofthe optionsprovidedfor in subsections 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT b)(i)or(ii), the Company's obligationto the Insured under this policytor the claimed (a) This policytogetherwith all endorsements, if my, attachedto it by the Company loss or drainage, other than the payments required to be made, shall terminate, including is the entirepolicyand contracibetweenthe lnsuredand the Company. Ininterpretingany any liabilityor obligationto defend, prosecute, or continue any litigation. provisionofthis policy, this policy shall be construed as awhole. 8. DETERMINATION AND EXTENT OF LIABILITY (b) Any clarinet loss or damagethat arises out of the status of the Titleor by my ac- This policy is a contract of indemnity againlactualmonetary loss or damage sus- lion assertingsuch claim shall be restrictedto this policy. tained or incurred by the Insured Claimantwho has suffered loss or damageby reason of (c) Any amendmentofor endorsemeitto this policymust be in writingand authenti- matters insured against by this policy. called by an authorized person, or expressly incorporaledby Schedule A of this policy. (a) The extentof)iabilityofthe Companyfor loss or dwnageunderthis policyshall (d) Each endonementto this policy issued at any time is made apart of this policy not exceed the lesser of an it is subject to all of its terms and provisions. Except as the endorsement expressly (i) the Amountoflnsurancc;or states, it does nut(i) modify my of the terms and rovisionsofthe oli u the diffe P p cg oust dfe- C) rence between this Title as insured and the value ofthe prior endorsement, (iii)extend the Date ofPolicy, or(iv)increase [heAmounof lolnsur 1'itlesubject to the risk insured d against against by this policy , ance (b) If the Company pursues its rights under Section 5 of these Conditionsand is un- 16. SEVERABILITY successful in estabfishingthe Title, as insured, In the event any provisionof this policy, in whole or in part, is held invalidor men- (i) the Amount oflnsmrance shall be increased by 10%, and forceableunder applicablelaw, the policyshall be deemed notto includeflimprovisionor (ii) the Insured Claimant shall have the right to have the loss Or damage deter- such part held to be invalid,but all other provisionssha)I remain in full force and effect. mined eithern of the date the claim was made by the I nsured Claimant or as ufthedate it 17. CHOICE OF LAW; FORUM is settled and paid. (a) Choice of Law: The Insured acknowledgesthe Company has underwritten the (c) In addition tothe extent of liabilityunder (a) and (b), the Companywill also pay risks coveredbythis policyand determinedthe premium chargedtherefor in reliance upon those costs, attomeys'fees, and expenses incurred in accordancewith Sections5 and 7 of the lawaffecting interests in real propertyand applicabletotheinterpchitiogrights,rem- these Conditions. edits, orenforcementnfpoliciesoftitle insuranceofthejurisdictionwhere the Landis lo- t. LIMITATIONOFLIABILIIY cared_ (a) If the Company establishes The Title, or removes the alleged defect, lien or en- Therefore, the courier an arbitratorshall applythe law offlejunsdiction where the cumbrance, or cures the lackofa rightof access to or from the Land, or cures the claim of Land is located to determine the validityofclaims againstthe Title that are adverse to the Unmarketable Life, ail as inured, in a masonablydiligentmanner by any method, includ- Insured and to interpret and enforcethe terms of this policy In neitherene shall the court ing litigationand the completionif any appeals, it shall have fullyperformed its oblige- or arbitrator apply its conflicts of law principlesto determine the applicablelaw. tionswith respect to thatmatterand shall not be liablefor any loss ordamagecaused to the (b) Choice of Forms: Any litigation or other proceeding brought by the fnsured Insured. against the Companymust be filed onlyin a state or federal courtwithinthe United States (b) In the event of any litigation, including litigation by the Company or with the of America or its teritorieshaving approprimejurisdiction. Company'sconsent,the Companyshall have no liabilityfor tosser damage until there has 18. NOTICES,WTIERB SENT beena final determinationby a court ofcompetentjurisdieliegand dispositionofa)lap- Any notice of a] aim and any other notice or statement in writing required to be given peals, advent, to the Title, as insured. to the Company under this policymust be given to the Company at Fidel ityNational Title (c) The Companyshall not be liablefor lossor dranageto the Insured for liability vol- Insurance Company, Attn. Claims Department,P. O. Box 45023, 1acksonville,Florida trial yassumedbythe insured in settling mly claim or suit withoutthe prior written con- 32232-5023. in of the Company. 0. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All paymenuunder this polioy,cxcept paymentsmade for costs, attomeys' hies, and expenses, shall reduce the Arriurmt of Insurance by the amount of the payment. 2730632 (5/07) ALTA Owner's Policy (6117/06) w/New York coverage Endorsement Appended • SUBORDINATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS, that FARM CREDIT LAST, ACA, As Successor by Merger to FIRST PIONEER FARM CREDIT ACA a Corporation organized and existing under the Laws of the United States, specifically under the FARM CREDIT ACT OF 1971, as Amended, having its principal place of business at 1281 Route 58, Riverhead, New York 11901 ("SUBORDINATOR"), hereby SUBORDINATES the following described Mortgage, which the SUBORDINATOR holds in the original amount of $1,150,000.00 dated December 15, 2003 recorded February 6, 2004 at Liber 20644 of Mortgages at Page 881, upon property of MAARATOOKA NORTH LLC, having an address of 30 East Gate Drive, Huntington, New York 11741 (GRANTOR) (SCHEDULE "A" annexed hereto), and property of OTTO KEIL FLORISTS, INC., to the following described CONSERVATION EASEMENT upon a portion of said property of GRANTOR ONLY. Said property of GRANTOR consists of 22.50 acres, located at 17405 NYS Route 25, Mattituck, Town of Southold, County of Suffolk, State of New York, (SCTM #1000-115.00- 02.00-006.000) (SCHEDULE "A" annexed hereto). Said CONSERVATION EASEMENT is to restrict use upon a portion of said Parcel of GRANTOR (SCHEDULE "A-1" annexed hereto); and said CONSERVATION EASEMENT is to be conveyed to THE TOWN OF SOUTHOLD, a New York Municipal Corporation, having its principal office at 53095 Main Road, PO Box 1179, • Southold, New York 11971 (GRANTEE). The said CONSERVATION EASEMENT is defined in ARTICLE 49, Title 3 of the Environmental Conservation Law and is further described in Deed of Conservation Easement dated 2013 from GRANTOR to GRANTEE intended to be recorded simultaneously with this SUBORDINATION AGREEMENT in the Office of the Clerk of Suffolk County. The primary purpose of this CONSERVATION EASEMENT is to conserve viable Agricultural Land and Soil Resources by preventing uses of the property that will significantly impair or interfere with the Property's Agricultural and Forestry viability and productive capacity. To accomplish this purpose, according to such CONSERVATION EASEMENT, all Non-Agricultural Development Rights appurtenant to the property subject to the CONSERVATION EASEMENT shall be released, terminated and extinguished. • The lien of the above Mortgage and other documents supporting such lien are to be subordinate and junior to the above described DEED OF CONSERVATION EASEMENT but shall otherwise remain in full force and effect. The GRANTEE requires this SUBORDINATION AGREEMENT as a condition to purchase the CONSERVATION EASEMENT from GRANTOR SUBORDINATOR represents and warrants that it has not assigned the above described Mortgage or any interest therein. This AGREEMENT contains the entire agreement of the SUBORDINATOR concerning the subject matter thereof, merging all prior written or oral understandings or agreements and shall be governed by the Laws of the State of New York. This AGREEMENT shall be binding upon the SUBORDINATOR and its successors and assigns and shall inure to the benefit of the TOWN OF • SOUTHOLD and its successors and assigns. Dated: Julydf 2013 Dis. 1000 FA C JEIT EASTA, Sec, 115.00 s uc y ge to FIRST Blk. 02.00 PIO E ZEIT, A Lot 00 6.000 PATRICK K. resident • STATE OF NEW YORK) : ss: COUNTY OF SUFFOLK) On the day of July, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared PATRICK K. WILES, personally known to me or proved to me on the basis of satisfactory evidence to be an individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual se led the instrument. NOTARY PUB IC WILLIAM F. BATES Notary Public, State of New Mork No. 02BA4671530 Qualified in Sutfolk County 7 - Commission Expires December31,-!~ • • SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the Southeasterly corner of land now or formerly of Ruland; said monument being also distant Easterly a tie distance of 1,185 feet, more or less, from the corner formed by the intersection of the Easterly side of Mill Lane and the Northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said Northerly side of Main Road, 322.11 feet; RUNNING THENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet, • RUNNING THENCE South 87 degrees 36 minutes 20 seconds East, 93.15 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West, along aid land now or formerly of Sidor, 2,467.15 feet to a monument and the Southerly line of Long Island Railroad (WA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said Southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 2,377.93 feet to the Northerly side of Main Road and the point or place of BEGINNING. Dis. 1000 Sec. 115.00 Blk. 02.00 Lot 006.000 • r t r • Fidelity National Title Insurance Company TITLE NO. F12-7404-86245-STIFF SCI3EDULEA-1 (Description) Amended 06/13/13 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: 13EGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly comet of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the comer formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING TFIENCE North 18 degrees 34 minutes 22 seconds West, 490,66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sidor, RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2,116.75 feet to a monument and the southerly line of Long Island Railroad (MTA); RUNNING THBNCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 feet to the point or place of BEGINNING. TTIE 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 CONVEYAA'CINC ONLY.. Together with all the right, title and interest offhe party ofthe first part, of in and to the land lving in the street in front of and adjoining Bald premises. G HEDULE.4-1 (Description) ev.(03/04) • SUBORDINATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS, that FARM CREDIT EAST, ACA, As Successors Merger to FIRST PIONEER FARM CREDIT ACA, a Corporation organized and existing under the Laws of the United States, specifically under the FARM CREDIT ACT OF 1971, as Amended, having its principal place of business at 1281 Route 58, Riverhead, New York 11901 ("SUBORDINATOR"), hereby SUBORDINATES the following described Mortgage, which the SUBORDINATOR holds in the original amount of $1,700,000.00 dated December 23, 2008 recorded January 6, 2009 at Liber 21779 of Mortgages at Page 689, upon property of MAARATOOKA NORTH LLC having an address of 30 East Gate Drive, Huntington, New York 11741 (GRANTOR) (SCHEDULE "A" annexed hereto), and property of KEIL ALVAHS LANE FARM,LLC to the following described CONSERVATION EASEMENT upon said property of GRANTOR ONLY. Said property of GRANTOR consists of 22.50 acres, located at 17405 NYS Route 25, Mattituck, Town of Southold, County of Suffolk, State of New York, (SCTM #1000-115.00- 02.00-006.000) (SCHEDULE "A annexed hereto). Said CONSERVATION EASEMENT is to restrict use upon a portion of said Parcel of GRANTOR (SCHEDULE "A-1" annexed hereto); and said CONSERVATION EASEMENT is • to be conveyed to THE TOWN OF SOUTHOLD, a New York Municipal Corporation, having its principal office at 53095 Main Road, PO Box 1179, Southold, New York 11971 (GRANTEE). The said CONSERVATION EASEMENT is defined in ARTICLE 49, Title 3 of the Environmental Conservation Law and is further described in Deed of Conservation Easement dated 3D , 2013 from GRANTOR to GRANTEE intended to be recorded simultaneously with this SUBORDINATION AGREEMENT in the Office of the Clerk of Suffolk County. The primary purpose of this CONSERVATION EASEMENT is to conserve viable Agricultural Land and Soil Resources by preventing uses of the property that will significantly impair or interfere with the Property's Agricultural and Forestry viability and productive capacity. To accomplish this purpose, according to such CONSERVATION EASEMENT, all Non-Agricultural Development Rights appurtenant to the property subject to the CONSERVATION EASEMENT shall be released, terminated and extinguished. • The lien of the above Mortgage and other documents supporting such lien are to be subordinate and junior to the above described DEED OF CONSERVATION EASEMENT but shall otherwise remain in full force and effect. The GRANTEE requires this SUBORDINATION AGREEMENT as a condition to purchase the CONSERVATION EASEMENT from GRANTOR SUBORDINATOR represents and warrants that it has not assigned the above described Mortgage or any interest therein. This AGREEMENT contains the entire agreement of the SUBORDINATOR concerning the subject matter thereof, merging all prior written or oral understandings or agreements and shall be governed by the Laws of the State of New York. This AGREEMENT shall be binding upon the SUBORDINATOR and its • successors and assigns and shall inure to the benefit of the TOWN OF SOUTHOLD and its successors and assigns. Dated: July-11 2013 T, CA, Sec. 115.00 ge to FIRST Dis. 1000 *BY: Blk. 02.00 IT, ACA Lot 006.000 LES, Vice-Presid ent • STATE OF NEW YORK) : ss: COUNTY OF SUFFOLK) On the <4~day of July, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared PATRICK K. WILES, personally known to me or proved to me on the basis of satisfactory evidence to be an individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individ ts, ex the instrument. d NOTARY PUBLI WILLIAM F. BATES Notary Public, State Ot New York No.02BA4671530 • Qualified In Suffolk County Commission Expires December 31, 2i-l-f- SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the Southeasterly corner of land now or formerly of Ruland; said monument being also distant Easterly a tie distance of 1,185 feet, more or less, from the corner formed by the intersection of the Easterly side of Mill Lane and the Northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said Northerly side of Main Road, 322.11 feet; RUNNING THENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East, 93.15 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West, along aid land now or formerly of Sidor, 2,467.15 feet to a monument and the Southerly line of Long Island Railroad (MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said Southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 2,377.93 feet to the Northerly side of Main Road and the point or place of BEGINNING.. Dis. 1000 Sec. 115.00 Blk. 02.00 Lot 006.000 Fidelity National Title Insurance Company TITLE NO. F12-7404-86245-SUFF SCHEDULE A-1 (Description) Amended 06/13/13 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Manituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly comer of the premises herein described and the southeasterly comer of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE North 18 degrees 34 minutes 22 seconds West, 490.66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2,116.75 feet to a monument and the southerly line of Long Island Railroad (MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad M:ING , 365.77 feet to land now or formerly of Ruland first mentioned above; THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 feet to 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 fR constitute real property. CONVEYANCING ONL Y• Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULER-1 (Description) Rev. (03/04) 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, 51h Floor ~ 625 Broadway, Albany, New York 12233-4256 V hone: (518) 402-9442 •Fax: (518)402-9028 144W Website: www.dec.nv aov Joe Martens Commissioner August 16, 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 594 Grantor: Maaratooka North, LLC Liber: D00012739 Page: 839 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, MEMO Carmen L. Story Bureau of Real Property AUG 2 1 2013 DEPT. OF LAND • PRESERVATI N OFFICE LOCATION: MELISSA A. SPIRO of SOV)yO Town Hall Annex LAND PRESERVATION COORDINATOR h~ l0 54375 State Route 25 • melissa.spiro@town.southold.ny.us y_ (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 MAILING ADDRESS: ly~'OU01 ~ P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 22, 2013 Eric D. Keil, Managing Member Maaratooka North, LLC c/o Keil Farms, LLC 30 East Gate Drive Huntington, NY 11743 Re: NYSDEC Conservation Easements Registry CE: Suffolk 594 Dear Eric: Please be advised that the Town's purchase of a conservation easement on property located at 17405 Route 25 (Main Road) in Mattituck has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim a tax credit, please contact Carmen L. Story at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 594. Very truly yours, Melanie Doroski Sr. Administrative Assistant enclosure OFFICE LOCATION: MELISSA A. SPIRO OF so~lyo Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 MAILING ADDRESS: ly~'UUfm P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 14, 2013 NYSDEC Bureau of Real Property 625 Broadway, 5" Floor Albany, NY 12233-4256 Attention: Carmen L. Story Acting Land Acquisition Section Chief Re: Conservation Easements Registry MAARATOOKA NORTH. LLC to TOWN OF SOUTHOLD Dear Ms. Story: Enclosed please find a copy of the recorded Deed of Conservation 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: Maaratooka North, LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 8/9/2013 LIBER: D00012739 PAGE: 839 LOCATION: 17405 Route 25 (Main Rd), Mattituek EASEMENT ACREAGE: 18.0 acres SUFFOLK CO TAX MAP p/o 1000-115.00-02.00-006.000 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Maaratooka North, LLC c/o Keil Farms, LLC 30 East Gate Drive Huntington, NY 11743 N • Y S A G M K ~ T S W A I V E R • WAIVER NYS Department of Agriculture and Markets • (I, we, the corporation) am/are/is the owner(s) of + 1_ acres of active farmland and/or ' acres of non-farmland, situated at Suffolk County Tax Map No. p/o 1000-115-2-6 which 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, the corporation hereby waives its 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(s) Town of Southol Maar oka,Nol h, LLC By: GG~/Q t SCOTT A USSELL, Supervisor Eric D. Keil, Ma ging Member 53095 Route 25 30 East Gate Drive P.O. Box 1179 Huntington, New York 11743 Southold, NY 11971-0959 (631) 765-1889 July 30, 2013 • [Corporate Acknowledgment] State of New York) SS: County of Suffolk ) On the =v day of July in the year 2013, before me personally came Scott A. Russell to me known, who, being by me duly sworn, did depose and say that he/she resides at Cutchogue, New York ; that he/she is the Supervisor of the Town of Southold, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he/she signed his/her name thereto by like order. [Seal] e 117 s l ~A / Az Signature Patricia L. Fallon PATRICIA L. FALLON Name Notary Public, State Of New York Notary Public, No. 01 FA4950146 No. 01 FA4950146 Qualified in Suffolk County Suffolk County. Commission Expires April 24, a0/ State of New York) SS: • County of Suffolk ) On the day of July in the year 2013, before me personally came Eric D. Keil to me known, who, being by me duly sworn, did depose and say lyj4*i a erreas es at Mattituck, New York ; that he/she is the a vdvrre Sedthekl, the corporation described in and which executed the above instrument; that he/she knows the seal of said Maaratooka North, LLC corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he/she signed his/her name thereto by like order. • [Seal] •~6hlc'-Q ~ - 4. _ Signature Patricia L. Fallon PATRICIA L. FALLON Name Notary Public, State of New York Notary Public, No. 01 FA4950146 No. 01 FA4950146 Qualified in Suffolk County ~ Suffolk Commission Expires April 24,~ County. • • e„ • 1 - ' _lX~_LyluR ' STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS Division of Land and Water Resources 10B Airline Drive, Albany, New York 12235 Tel: 518-457-2713 Fax: 518-457-3412 www.agriculture.ny.Eov September 5, 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: • Eric D. Kell, Managing Member Maaratooka North, LLC 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. Si(~ ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair RECEVED • File: AP13/032-W SSEPvv 16 u2L0113 DEPT. OF ND PRESERVATION OFFICE LOCATION: MELISSA A. SPIRO sours Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us 41 y (corner of Main Road & Youngs Avenue) T Southold, New York Telephone (631) 765-5711 G Q Facsimile (631) 765-6640 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 14, 2013 Robert Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany, NY 12235 Re: MAARATOOKA NORTH, LLC to TOWN OF SOUTHOLD Part of SCTM 41000-115.-2-6 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 Eric Keil, as Managing Member of Maaratooka North, LLC, at a closing on a conservation easement on farmland identified as part of SCTM #1000-115.-2-6. Details regarding this easement are as follows: GRANTOR: Maaratooka North, LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 8/9/2013 LIBER: D00012739 PAGE: 839 LOCATION: 17405 Route 25 (Main Rd), Mattituck EASEMENT ACREAGE: 18.0 acres SUFFOLK CO TAX MAP p/o 1000-115.00-02.00-006.000 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 • S~FFOJ4, OFFICE LOCATION: MELISSA A. SPIRO Town Hall Annex LAND PRESERVA PION COORDINATOR 54375 State Route 25 melissa.spiro~town.southold.ny.us 24 (corner of Main Rd&Youngs Ave) N 2 Southold, New York Telephone (631) 765-5711 y, of Facsimile (631) 765-6640 A. MAILING ADDRESS: -7Q1 ~a~ Y 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 Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: July 31, 2013 Re: MAARATOOKA NORTH. LLC to TOWN OF SOUTHOLD Part of SCTM #1000-115.-2-6 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: 17405 Main Rd (Rt 25), Mattituck SCTM part of 1000-115.-2-6 PROPERTY OWNER: Maaratooka North, LLC CONTRACT DATE: October 8, 2009 PURCHASE DATE: Closing took place July 30, 2013 PURCHASE PRICE: $ 1,138,330 ($67,000/buildable acre based on 16.99 buildable acres) EASEMENT ACREAGE: 18.0 acres TOTAL PARCEL ACREAGE: 22.5 acres OPEN DEVELOPMENT AREA: 4.5 acres (approved by 7/30/2013 Town Board resolution #2013-589) SUBDIVISION OPEN SPACE: 1.01 acre (subdivision requirement, not calculated into purchase price) FUNDING: Town Community Preservation Funds GRANT AWARD: $530,459.00 - NYS Agriculture & Markets (reimbursement) O • p E N D E V E L • O P M E N T A R E ~ A RESOLUTION 2013-589 ma` ADOPTED DOC ID: 8993 low THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-589 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2013: WHEREAS, on June 4, 2013 the Southold Town Planning Board granted Sketch Plat Approval on the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012 prepared by Nathan Taft Corwin, III, Land Surveyor, for a Conservation Subdivision pursuant to §240-26(A) of the Town Code; and WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and • WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, and further, that there shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, the New York State Department of Agriculture and Markets has further conditioned that the fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. The portion of the ODA that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision approval and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, the Town Board of the Town of Southold has received a petition from Maaratooka North, LLC to establish an ODA pursuant to Chapter 240 of the Town Code on property identified as part of SCTM # 1000-120-3-11.11 and located in the A-C Zoning District; and WHEREAS, on July 16, 2013, the Southold Town Board adopted a resolution accepting the petition as complete and setting the public hearing for July 30, 2013; and • Resolution 2013-589 Board Meeting of July 30, 2013 WHEREAS, on July 30, 2013, the Southold Town Board held and closed a public • hearing on the proposed establishment of the ODArea; and WHEREAS, the Southold Town Board finds that the requirement for the establishment of an ODA pursuant to Southold Town Code Chapter 240, Article VIII, Open Development Area, have been met; and WHEREAS, the Southold Town Board declared Lead Agency status for the SEQRA review of this Unlisted Action; and WHEREAS, the Southold Town Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); now, therefore, be it RESOLVED that the Town Board of the Town of Southold, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration; and be it further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area upon the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor, subject to the following condition: • The approval of the Open Development Area shall not be valid if the sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town Board of the Town of Southold on or before one year from the date of this approval. 0 q? ' 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: 7/30/2013 8:44 AM by Lynne Krauza Page 2 ~O f SQU OFFICE LOCATION: MELISSA A. SPIRO ~y Town Hall Annex ~ND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us y_ (corner of Main Road & Youngs Avenue) Southold, New York Telephone(631)765-5711 G Jc Facsimile (631) 765-6640 MAILING ADDRESS: CQU P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Southold Town Board From: Land Preservation Department Date: August 15, 2013 Re: Maaratooka North. LLC - Open Development Area (ODA) Part of SCTM #1000-115.-2-6 • In compliance with condition as set forth in Resolution No. 2013-589 adopted by the Southold Town Board on July 30, 2013, regarding the approval of an Open Development Area for Maaratooka North, LLC, attached you will find a copy of the following: • Deed of Conservation Easement dated July 30, 2013, between Maaratooka North, LLC and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on August 9, 2013, in Liber D00012739, at page 839 /md cc: Daniel C. Ross, Esq. w/ attachment Eric Keil, Maaratooka North, LLC w/o attachment Aly Sabatino, Planner w/ attachment • I • M P E R v z 0 U S ~ S U R F A C E S • Inventory of Impervious Surfaces in the Easement Area The Conservation Easement for Maaratooka North LLC defines Impervious Surfaces as: "Impervious Surfaces" are defined as structures or improvements that permanently cover soil resources. Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas; structures whose principal purpose is to protect soil and water resources, such as manure storage areas; and structures and improvements lacking permanent foundations. In determining the square footage of Impervious Surface within any structure or improvement on the Property, only those surfaces actually covered with sidewalks, driveways or a continuous foundation that individually would be deemed to be Impervious Surface shall be included in any such measurement. Under no circumstances shall a concrete footing associated with any structural support post or column that is not part of a continuous foundation ever be included in any such measurement of Impervious Surface. There are no structures or improvements that permanently cover soil resources within the easement area. There is a goose pit within the Easement Area, which is approximately 12 feet by 7 feet; however this does not have a permanent foundation and is not considered an impervious surface. A • E R I A L S • • I i /X ~i v y x 7 till - _ - H 4r a.--~R1 rr F<4 rem ` yTyY ~ ~ //JfJ ~ Vol h~'Ki^ ~ ?t. ` ~ ~ ~ X~y`~ ~ ~ ~j._ ~ Y+S . r ' y, ate ' , 41 ° ,v ~ " 1 \ f?~ ~ y rt +C- ,~~',a F" ~ ` ~y~,° may.; fit . y ~ 'ter: x pa t/, 1? ter. 17 pool, t a 'Y ~l .r;, ~'`?`.~~j Ar IF- r k Y yy.•4, • SITE 4 C Or" 1 F B f' low 41 44 o.z Z [a S ~n T. ti QUIRY 3588102.4 YEAR: 2011 , . =500' ~ I SITE. ~ i yt f. ay~• 'fit "Op moo" nvC r • _ < " 1111 - n. J A'S INQUIRY 3588102.4 ~.•`'a YEAR: 2009 4 N a.. ' = 500' fE ~ ski • 1 " , I . ,"`~+;i~' , - _w _ . •1 .r ~F ~4 r. :,milli sit.... wfo A~ Ott xi' t ~ v e d w f ~ 1. ~ ~,t ~ ' ',R~_ ? _ t~ . J h ' ~ r r i ~ is . 3 AA' w ? } , AW- ;tr 14 . 7v IN 4. qtl.' 1~1 46 QUIRY 3588102.4 1~~;r "y N Pr.Y~ fTQI" nr YEAR: 2008 (1 ' `k~ r14 9 + R . Ar - =500' l y t r' if Y Q. ~j..., ~ Mrl 'd ,,>eR r w i >y TJ a~ 5 1> rt ir i ' i yew r ~ Yom:: ,.y `-0: moor ~X fr ' v , it, ~ , Tom. ~ , • K ~ ~ a~ : ~8-~ Vf! 44 r ~t yr 4 ~K 2N. ' elk 10 ~pw r ~ ~s w ~ ~ S ~ .ion µv ~~~q j, # INQUIRY 3588102.4 4N YEAR: 2006 = 500' t j . .9' YI Jf1. a a i }4 J, i k 1~ ~ ~ v y AR vWl a ~ ~ ~ r •r M1 ; . o INQUIRY M 3588102.4 YEAR: 1994 = 500' 'r, u ~107 J p 4 r SITE iF- t l f 5 ' IV tt' 4, ~ ~t;ti ` 1~~, ~ ` ~ ~a~?" ' Eby ~ ~ R 1; , ,Sr Vii. ';fir f M j 1 L 1 1 IW 4. j n . INQUIRY M 3588102.4 YEAR: 1980 = 750' * s, alp ~ d ;4 W ~ r ~ti,~.~~ '.114 ~.~i ,e a M. l r 1 ` +d", 'ON t w `T f ` ~5,~.r: ~ 4 , xr;;(l t " Y' ~ ~p. l ` r"j '.~~"w' liv~ " i~•`~ ~ . q. R tjLL~ ? fA~ '~C ~ X r u~ lk ".v o ,NQUIRY 3588102.4 w,""f YEAR: 1976 I N~ = 500' w A All, ov. SITE r ~ ~h L n , Old P 104 yn~ s. ~ O } ~y ~ ~ ~ ••+R~~~~R fin'. r Ii+ a r C j7o cell At V# .,j "I 40 , ` r 0 lie '.Jk,,C L4 ~VQUIRY 3588102.4 • ` ' s . YEAR: 1969 = 750' lie r '4 ' - * \ f 3 ! ~ , ~ Vii" 4. 89 QUIRY 3588102.4 YEAR: 1961 = 500' roe 104 s,,. • C t. 1 y i~ SITE fi 6 t fl. . S F a fv r - l 4 n 1 y t R ~ * 1 r "titre '•y~.'ti lip "TWO "Ail INQUIRY 3588102.4 YEAR: 1957 ~ti ~z h;•r ' = 500' f k Y^.e z 01 xx a tij S, IT e z Y 'rpik, f N-W ~ ~i • fir- CL""- 16 N11* 7 \,Vt 4L 16. *ot ~VQUIRY 3588102.4 4 N , N 01- YEAR: 1954 = 500' ~,r.' i • ,fir, ~ ,_t~. lice: 1000 r7: ~tu ~ b ~ ; 1. . 1r } Y ~ ~ ~f I ar t I _3N .i.;. , ii ~r ' A 1938 AERIAL 17405 ROUTE 25 i' MATTITUCK Source: ESRI Web Mapping Service, 1938 " ivEl.Si.1N, t''fWc 6 . LI.C ' ~N~w.N,A • ~,_Ar tt~ • Aerial from NYS, not true orthophoto Phase I ESA Scale: 1 inch = 2,000 feet dx SURVEY OF DEVELOPMENT RIGHTS EASEMENT AREA MAARATOOKA NORTH, LLC yxd"° SITUATE 9,EG, MATTITUCK ! PREMISES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-02-06 SCALE 1"=100' JUNE 5, 2013 L OEVEIOPCMENI RIGHTS EASEMENT AREA = 704,104 aq. n./18.000 oc. OPEN OEVELOPEMENi AREA = 196.020 30 fl./4.500 uc. TOTAL LOT AREA z 960.126 eq. 11./22.5DO a<. KEY MAP SCALE 1"=1000 CERTIFIED TO MAARATOOKA NORTH LIES TOWN OE SOUTHOLD FIDELITY NATIONAL TITLE INSURANCE COMPANY NYS AGRICULTURE R MARKETS 1~L~2.1 g~P9 g2+t1' ~65~~ o X51 Q F, 0Q L of o N z a ~q a $ a 'P y MAD EiLOPMEN .RIGHTS EASEMENT AREA ISIp S w wC ]m:X R SRE7. 1.11.E w. n. n U. .e) Q V Efl.EI' SPUqN p[VEEOYM[,i o,G .]..R er ae. LIa 5. ~ 1m.V°ml/o-w (CIF ARMn,m~anm F 6 CrtM pcT?a, `3~ N oAA°N 67'36'20" - A jr +T ~ .w O ; 93.15' w/DxE/MiwIE M O O ~ 4_Y Nathan Taft Corwin III -m- M I>a N HT36'20" W Land Surveyor 322.11' MAIN ROAD NYS RT 25 5enew undA,vym't5. L9. .A Amn - mn• - Fn PM1 _ u SafA: GMrvelkn Lpel rumrc ( P. M.m UMOI-A' ,w,x,v R " 1, 'MNK" uo /A MAAN. °a Rrtw"olwiwxl ..1e°n. w rRen 11.1 ~wnO n:: a "°1 .1 x., .uramao. SURVEY OF DEVELOPMENT RIGHTS EASEMENT AREA ~s(P MAARATOOKA NORTH, LLC o SITUATE MATTITUCK SUBJECT TOWN OF SOUTHOLD F PREMISES SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-02-06 SCALE 1"=100' JUNE 5, 2013 DEVELOPEMENT RIGHTS EASEMENT AREA = 784,104 sq. ft./18.000 ac. 55 NAM gplD N15 Rr 25 Y OPEN DEVELOPEMENT AREA = 196,020 sq. 11./4.500 ac. TOTAL LOT AREA = 980,124 sq. ft./22.500 ac. KEY MAP CERTIFIED TO: SCALE I"=1000' MAARATOOKA NORTH LLC TOWN OF SOUTHOLD FIDELITY NATIONAL TITLE INSURANCE COMPANY NYS AGRICULTURE & MARKETS FINAL SURVEY ON ~ g ~ b Z c a; W p TP; N' b L i1N m m m i Z P O 4 Z Z o A O O 0 6 0 m p, ~m O ~ A 2 O p O G~ 6 a m m F+~ DEVELOPMENT RIGHTS EASEMENT AREA ~q (AREA SUBJECT TO OEVELOPEMENTS RIGHTS EASEMENT HELD BY THE TOWN OF SOUTHOLD 784,104 aq. 71. or 18.000 oc) p a i c m~ \m~ I V - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S 87'36'20"E ~ 455.41' OPEN DEVELOPMENT AREA 196,020 Wq, fl. or 4.500 oc. 0 ~o N .9I BARN m I PREPARED IN ACCORDANCE WITH THE MINIMUM LIVING - u ~ G STAN THE DARD LI FOR S FOR TSADOPTED v~~V ED an ST ADOPTED LIVING R S,U ~C O D 9a1T~_ D TpNC QUARTERS M QUARTERS ASSORTED y tAPTC QQ N~ 0 TOgUI DINGS N 87'36'20" W * r 4 I JUN 1 1 2013 N ° Ar 3 93.15' 3 ( DEPT. OF LAND F o ' _ PRESERVATION `D IRY .7t O ~AN1D ~m W RESIDENCE c'j -V -Sm E (D FRAME M O Jy :NCE fV p N.Y.S. Lic. No. 50467 0 M UNAUTHORIZED ALTERATION OR MINION NON Vl 750' 4 u~x win II' TO THIS SURVEr IS A NOUTIDN OF Nathan Taft Cor EOUGTI 7209 F THE NEW YORK STATE TIE=1165'3 N 87 36r10n 4V 322.11' 322.11' Land Surveyor COPIES OF THIS SURVEY WP NOT ROARING THE IAIID SD SHALL. INKED SEAL OR EMROSSEp UD AL SHALL NOT RE E R CONSIDERED MAIN ROAD TYS TO RE A VALO TRITE COPT. 1 v 1 JYS RT 25 CERRRMTK)NS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. LS. 5 ONLY TO HE APERON ND ON WS SHOWLLF HE THE THE PREEPARED. Joseph A. Ingegno LS. Tr E COMPANY. GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Constmation Layout ro DTHE IN AINSIC ETM USTE LEHER RDENG.INSRD- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CMAM70NS ARE NOT TRANSFERAWLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 16 AND/OR EASEMENTS OF RECORD. IF 1566 Main Road P.O. Box ANY. NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport. New York 11947