The URL can be used to link to this page

Home My WebLink AboutMacari Farms, LLC • %,gFFO1,(Oro ago 1000-112-241 cz (f/Wa 1000-112-2-p/o 1) and 1000-112-2-2 ©y 0,~ Baseline Documentation 41 Premises: 950 & 1350 Bergen Avenue Mattituck • 25.2439 acres Development Rights Easement MACARI FARMS, LLC to TOWN OF SOUTHOLD Easement dated September 10, 2013 Recorded September 23, 2013 • Suffolk County Clerk - Liber D00012745, Page 450 SCTM 1000-112-2-1.2 (Vk/a 1000-112-2-p/o 1) and 1000-112-2-2 Premises: 950 & 1350 Bergen Ave Hamlet: Mattituck Purchase Price: $1,5149634.00 (25.2439 buildable acres @ $60,000/acre) Funding: Community Preservation Fund (2% land bank) • Grant: USDA-NRCS $756,317.00 CPF Project Plan: Yes Total Parcels Acreage: 27.2439 acres Development Rights: 25.2439 easement acres SCTM #1000-112-2-1.2 = 9.3962 acres SCTM #1000-112-2-2 = 15.8477 acres Reserved Area: 2.0 acres Zoned: A-C Existing Improvements: In April 2013 - • Wooded area, framed chicken coop, plastic greenhouse, fence on property line SITE DESCRIPTION Location: The subject site is located at the southerly and easterly side of Bergen Avenue approximately 988 feet north of Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Size and Shape: The subject property is a regular shaped parcel comprised of an aggregate land area of 25.2 acres of vacant land. The site has is situated at the bend of Bergen Avenue having frontage along two roadways with a total of 2,200 feet of road frontage along Bergen Avenue with an average depth of 807 feet. The parcel lies within the A-C (Agricultural Conservation) zoning district of the Town of Southold. ' Soil Condition and Topography: Topographically, the site is level; Lot 1 is covered with mature trees and Lot 2 is utilized for a goat operation, and on-site compost area with a greenhouse ' containing approximately 3,500 square feet. Soil conditions are assumed to adequately support the existing improvement. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. Easements and Encroachments: No easements of an adverse nature were indicated and none are assumed to exist, other than normal utility easements. Utilities: Utilities are available at the site. Street maintenance, police and fire protection area are provided by the Town of Southold. Gas and electric are provided by the Long Island Power Authority. Ingress and Egress: Access to the site is via Bergen Avenue. Flood Zone: The subject property appears to be within 500-fl of a flood hazard. The subject property lies in the X flood zone - An area that is determined to be outside the 1% and 0.2% annual chance floodplains according to the flood map # 36103CO477H dated 09/25/09. ' BRUNSWICK APPRAISAL CORP. P • R O P E R T Y V I S U A L S - l 1 PHOTOGRAPHS OF THE SUBJECT PROPERTY AERIAL VIEW OF SUBJECT PROPERTY 1 "rP ~,`T " ''til " /YR R ~?l cR''""{`~fi ~.ilRyy` yi f' rc' p~3~ y Subject M01r L ?~f~# ~ J. ~ K ~ 't ~ Reserv + / F~ ~ 9* M OPP I+v~~~~r-' ~\~4 ~~t i M a 1 - kv -m s ~ • rt t Y 1 Facing southwest at the subject property ' BRUNSWICK APPRAISAL CORP. ' PHOTOGRAPHS OF THE SUBJECT PROPERTY 4 'h Y' r } 'Y a rY , r. Q , ~~~~~I~~~~~ 'n '~r„~C zv'5=1~"~~ 414 c ~ - Facing the subject property at the southeast at the bend of Bergen Avenue Jac. ~w.~ f p K rj 1 ' Facing east on Bergen Avenue ' BRUNSWICK APPRAISAL CORP. INTRODUCTION Subject Property Aerial W_w r~~~~ remit. ,`~i tf,~ • r t ~ ~ ti\ } . A~ I ; A AO' • 0c1 `sae r.. t r..~:-5 NA~ BRUNSWICK APPRAISAL CORP. A • p P R A I S A L ~ M O T I O N • OFFICE LOCATION: MELISSA A. SPIRO OF so!/j~ol Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us (comer of Main Road & Youngs Avenue) Telephone (631) 765-5711 Southold, New York CA -INC Facsimile (631) 765-6640 ~O MAILING ADDRESS: ~ly`oU P.O. Box 1179 Southold, NY 11971,0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, April 3, 2012 at 7:00 p.m. Members Present: John Sepenoski, Chairman (7:18 p.m.) Ray Huntington Maureen Cullinane Sam McCullough Lillian Ball Allan Connell Members Absent: Eric Keil Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary • Al Krupski, Town Board Liaison Louise Harrison, Southold Town Resident (left 7:30 p.m.) Commencement: • The meeting began at 7:10 p.m. with five LPC members present. EXCERPT FOR 4/312012 adopted LPC meeting minutes Land Preservation Applications and Inquiries: • APPLICATION / INQUIRIES: Farmland PDR o SCTM #1000-112-2-1 & 2 (Macari, Bergen Ave) Melissa Spiro presented report on this application. Application reviewed by Committee. Application was rank favorably was LPG MOTON made by Allan Connell, seconded by Sam McCullough, to direct Melissa Spiro, Land Preservation Coordinator, to proceed with this application by contacting Joseph Macari, landowner, to confirm that application is for both parcels (SCTM #1000-112.-2-1 & 2), that no reserve area is being requested, and that landowner's expectations are in line with • anticipated appraised price per acre. Upon confirmation, the Land Preservation Coordinator is directed to authorize an appraisal of these properties. Motion carried: 5/0/1 (Ray Huntington abstained) OFFICE LOCATION: MELISSA A. SPIRO Town Hall Annex LAND PRESERVATION COORDINATOR O~aQF S~UTyOI • melissa.sPiro@town.southold.nY.us O 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, Telephone (631) 765-5711 New York Facsimile (631) 765-6640 ~o MAILING ADDRESS: ~ly`ou P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, July 24, 2012 at 7:00 p.m. Members Present: John Sepenoski, Chairman Anne Murray Maureen Cullinane Allan Connell Sam McCullough Lillian Ball (7:07 p.m.) Eric Keil (7:30 p.m.) Members Absent: None Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Laura Klahre, Land Management Specialist (appointment 7:00 p.m. - 7:50 p.m.) • Stephen Searl, Peconic Land Trust (7:08 p.m.) Al Krupski, Town Board Liaison (7:47 p.m.) Heather Lanza, Planning Director (appointment 7:50 p.m. - 8:52 p.m.) Martin Sider, Planning Board (appointment 7:50 p.m. - 8:52 p.m.) EXCERPT FROM 7/24/2012 ADOPTED LPC MEETING MINUTES Land Preservation Applications and Inquiries: The members entered into EXECUTIVE SESSION. • SCTM #1000-112.-2-1 & 2 (MACARI Property) Review status of offer [executive session] Melissa Spiro and Stephen Searl met with Joe Macon, Jr. and Joe Macan, Sr. and informed LPC of landowners' counter-offer and request for a 2 to 4 acre Reserve Area. END OF EXECUTIVE SESSION Melissa explained to committee that this project may be eligible for USDA-NRCS federal grant funding, as a revised project may meet the federal qualifications. Landowners have been notified of the possibility of a grant funding opportunity, including the grant eligibility requirements and need for additional restrictions that may be placed upon the property. The LPC offer that was made to the landowners will expire on August 3, 2012. Committee agreed to let offer expire while they consider new options for moving forward on this farmland preservation project. MOTION made by Eric Keil, seconded by Maureen Cullinane, to direct Melissa Spiro, Land Preservation Coordinator, to commission a revised appraisal on the Moran property reflecting standard federal easement • requirements. Motion carried: 7/0 Stephen Searl will meet again to continue negotiations with the landowners. E • N v I R O N M E N • T A L S U M M A R • y MACARI FARMS, LLC 150 BERGEN AVENUE MATTITUCK, NEW YORK 11952 May 13, 2013 Attn: Ms. Melissa Spiro Land Preservation Dept. Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Macari Farms, LLC to Town of Southold Premises: 950 & 1350 Bergen Avenue, Mattituck, New York 11052 SCTM# 1000-112-2-p/o 1 & 2 Dear Ms. Spiro: This is to confirm that there is only one irrigation well located on the property and it is not a SCWA test well. The irrigation well will be abandoned post-closing, at a date that I • determine. Very truly yours,G J ep(r T. Macari, Jr., co-3tustee of ergen Road Corner Trust, Member of Macari Farms, LLC re/n7achnacarith, • Phase I Environmental Site Assessment Macari Farms Property Mattituck, New York NP&V Job# 12229 December 26, 2012 CONFIDENTIAL AND PRIVILEGED • NELSON, POPE S. VOORHIS, LLC E N V I R O N M E N T A L - P L A N N I N G - C O N S U L T I N G 572 WALT WhNTMAN ROAD. MELMI I F. NY 11747-21BB • 427-5665 • FAX(831) 427 5620 • w .nekmx pope.cc+nrl Phase I Environmental Site Assessment Macari Farms Property 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 concems. 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 two (2) parcels of undeveloped land (totaling approximately 27.2 acres), located on the south side of Bergen Avenue, approximately 500 feet north of Arbor Lane. The property is more particularly described as Suffolk County Tax Map ##s • 1000-112-02-1 & 2. The subject property currently consists of two (2) adjacent, rectangular-shaped parcels of undeveloped land, which total 25.2 acres, with a 2.0 acre reserve area located in the southwest corner of the western parcel. This 2-acre designated reserve area was not subject to environmental review. The remainder of the western parcel is wooded with two (2) exceptions. There is a small cleared area on the south side of the parcel which was cleared for the installation of a wind mill, and there is an area in the northeastern comer of the parcel, cleared and utilized as a bee-raising area. The eastern half of the eastern parcel is utilized for a large organic composting operation and also contains a greenhouse and pens with small structures for goats and roosters. The structures do not contain any utility improvements and function as shelter for the animals. Joseph Macari, the property owner, stated that he uses only natural, organic materials on his property and has never utilized fertilizers and that he is planning on down-sizing the composting operation. The northern portion of the eastern parcel consists of low-lying land that floods frequently, according to Mr. Macari. An observation well was observed in the northern low lying portion of the eastern parcel. Mr. Macari stated that there are several of these wells throughout the property that were installed by the Suffolk County Water Authority when they owned the property previously. These wells were installed to utilize the property as a pumping and testing station before the property was sold. Mr. Macari also shared that the property has always been primarily undeveloped land, and never contained any large farming operations. He indicated that a previous owner attempted to . grow potatoes in a small section of the property, but the soil conditions on the property proved to N" dt NE~srn vGPe s voxw+is 1~c EfW6iON TA . P NNING. CC TINE Macari Farms Property, Mattituck Phase I ESA • be unfavorable. 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, 1957, 1961, 1969, 1976, 1980, 1994, 2006 and 2008 were reviewed in order to determine if any prior uses occupied the subject property. The subject property appeared to be cleared, vacant farmland in the 1938-1994 aerials. There were no structures present on the subject property and the majority of the surrounding area contained farmland, with some residences. In the latter, more detailed aerials, the subject property appeared to remain vacant; the western parcel appeared wooded and the eastern parcel appeared cleared, with a disturbed area on the eastern edge. The parcels were separated by a dirt path and an additional dirt path ran through the disturbed portion of the subject property. The surrounding area in the latter aerials remained similar to the previous aerial photographs and was characterized by farmland and limited residential and commercial development. 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 appeared to be vacant farmland in all of the maps. There were no structures depicted on the subject property in any of the topographic maps. The surrounding area appeared to be very lightly developed, with mostly vacant farmland and wooded land and some small structures along Sound Avenue, south 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, three (3) closed spill incidents are located within one-half (0.5) mile of the subject property. No active spill incidents, LUST incidents, or other sources of environmental degradation were identified in the vicinity of the subject property. 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. One (1) recognized environmental condition was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. 1. The former Suffolk County Water Authority wells located on the subject property are no longer in use; therefore, they should be properly abandoned in conformance with NYSDEC protocols. Two (2) de minimus conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. =r~1.~vTx . r~rc : c.-wc Page 2 Or 26 Macari Farms Property, Mattiwck Phase I ESA 1. Assorted debris and litter was observed throughout the undeveloped area of the eastern parcel. 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 historical 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 Macari Farms 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 revealed evidence of one (1) recognized environmental condition and no historical environmental conditions. Two (2) de minimus environmental conditions were noted in connection with the subject property, subject to the methodology and limitations of this report. IYaSLN FCFE 6 v0.'T'NiS LLC ENVIggVMENT4 • ai-crvw~ ccr+s.,iTi~ Page 3 Of 26 Macari Farms Property, Mattituck MAI s ^ t r ".6idr-s 7. atA~- ~t~ t F`Y,~' K{'.}f r' i~ftt•s X-• ,ii JV."'Mi, •.'ANx f~ `j:r~ ~~~lll... '.i FF ~1 7 M,~ra ]~~~?"~I ~i AW ;A J''M _f`, j ~ i ryy` 7g. r ' f ft~ • .-,j s~, ~.;i -'~},{.••~Y ~i t: ~)x dt 11 .•!4Y'~~t .d~~,~ ~t' a._+, ?elf 'i,~f ~y. + i`.y ~'di}.. ~ f tt1 ! +1 "Y . ~ y~;, 41 View of area cleared for the installation ol a windmill View of area cleared for the installation of a windmill f~ r 1 jr, r+ -MM - F YAK ^ ~'~v View of goat raising area in eastern parcel View of goal raising area in eastern parcel i u 7 CC 7f r 'P y •O f u y ~ lpy~~;_ "9~ J O ..."S ' SEtiy uhf 1laf;. 1 yJ _ RY, CA, h-~ al rt Y>ti~'w I~' ~,t~f RFC' •J? _ ~~~"R[. v 5+;, ei t£ dye e PI t~t ~ ~ 4 • ~c ~ i J w., v _ Fv~ t ,RK,t.. . r e . a ..It _ t I r a, t 'lh Macari Farms Property, Mattituck _ View of rooster pen View of rooster pen V~T~ tea-. f ~ ' ~ `1. _ ~ `¦-Iy `-`r'-5' r~ ~h~.i ~~r.~'- Y~OS ~ 9 1i r S` • * 4 jai View of small structure in pen V iew offence between western and eastern parcels f~ M = M Macari Farms Property, Mattituck 17. Y s~ a _ View oftrail into eastern parcel View of eastern parcel -17 9J fY-".~ ^ X a ie\% of wood chip pile in eastern parcel View of composting operation Macari Farms Property, Mattituck SL 'T 'Wei Viek~ of composting area View of composting area INARRY -WON= ss~sr-- Y ix 11 1~ YS .dC .Y ~ ~ t • t 3qy, . 11 vcw \'ie%N of Composting area View of composting area M M =MIN Am Macari Farms Property, Mattituck •u ~ r ty x ql" .Gt ' V ` .sue. a. ~~ra( to, P.- i VMTWAL~ ' -ems > e' - .s, s, '!lf% nr. , • ~f' `.'.i.<.3+tv d• !r~' _R. Y 3 f~, r T A-aw M•=~~y ,;,~.~,{R".~ ,'wY-.asJ~c. a1 - -„tom`: a ~ View of composting area View of wooded, western parcel . E ( ~ M t i is, A. "~~R'~ ~ "fr'.• ~ .zy .Gr~y ~l„ a.~ ~.'1.~ Sv~r S rs ?~~S+•' sj . 'A:4 v'. a `ede~~ } 4 e O xF~i i4q l9 Abp y i~!Z. ' ta, - •-3l%y:_ r". ~ y ?l r~,ar ~ '~7ivs -zzji !i? ~ MW, View of wooded, western parcel View of wooded, western parcel Macari Farms Property. Mattituck r r` fi View of low-lying area in northwest corner of eastern parcel View of low-lying area in northwest corner of eastern parcel x .ice= x. -~,~~i".n Ai ! T" - A r~' r t v !1 ERs C' 's~"' ~°'~b~ `'psi ~ ` N~~~'~~-~~•+' " '~r'.y - Or- View of well located in low-lying area View of low-lying area in northwest corner of eastern parcel 4 FF ra ~ ? k v C w G r x 1 - ,1 y~y , r ;n 3 ~i' Lr c ' J: 142 ~V 1,: -'M- C r n~~ Yt•i k_ ice. 4 ; _ ~ , z~ F_ x a y tZ In" • . o- ~ r ^ # t •YrI i' J 'tea yr ~~JLFF ~t:~.~ ) N1• e s it ~ s _ hJ•q[S; 't,~ 'h~, i1~1 iv~`•II\~ yr, 3~ xy~ey r ~ 4 4 y' AT ~ : p„~~ J T "•i[,'~}rv Yrir~J~-~v . ~ f 1J r I ICI L M MM M M M M M~ i~ Mao M Macari Farms Property, Mattituck it 4~i 4, NIN +~j t t • j n irU { } A~ 'r y$uf r icw of bee raisin~~ ~upplir~ ie~n of bee-raising area ~i. •7~ EM , L . .s .:a ~ ~ jj of J, .F -Ak + View of bee-raising area View of bce raising area Macari Farms Property, Mattituck f ! r ' yam`' : ar J~; f v~ F y; s I've 3 ~ Z ~ ~ ~ - c +s~' ~~r~r ' lrac'~ ~ x +r c ? sY, xs F +•t''4` M I~ ' • Fr t},. ~ , :.,''9"' (+a` ~i - -~.S r - ~ e _h-~y"' a r ,~~~,+i}, 'r ~~v~~ ~d j -~~?+r - ^ . } 4 `7 ~Ja -a,,~ i '"„a-'r'te c -r , 36 . ~ ,.,fir' View of wooded western parcel View of wooded western parcel s F~x z . ~ ~ * re ~ y°??cxpt ` :'CJ" . ..fit:.. r f ~ N~ > ~ ,~fA.,ree..rt,. r if' - .3A' ~ [ R r £ ~ ..-ew ,~y7F - ~-~.S-lr" ~y.t ; X11 +r "FFFFfffFFF _ .+Yy r a View ofwooded western parcel View ol'wooded western parcel l6akiftc luv FIGURE 1 Macari Farms Property, LOCATION MAP Mattituck III , " Source: ESRI Web Mapping Service ~ phase I ESA ' Scale: 1 inch = 500 feet E r~ r. w4l z i~ P 5 ~v~a r# ! ° ti 4, X1, _ ~4y e ; 1 y r + Ar h'§" r ne i x ac^d~'Y h 1' .pm~d +C < a~ g r-. ~ u f i 1 `1S h~ t~y,y~~7 d' V \ Nq ~ xt r ~ 4 ~ F~ 'rb ~ r f r ~s ~;f ~ ? ~~,tir ~`r'S?~ ~Q~~yy~ k~ V ~ lYi t "r~ rl `t''S:'~~~,II 'h '+^kf ~~1 ff \r W S'>F+.y"l.' 'K1W„ R r ` 4 I 6 t 1 4 s A r n7 Jerk 7S'vyk y +p~1' _:ec. a, sYV } r ' a I fin' l ~Y'~1 r ~ .4 'ti l9. }V W rP 7F R'w011) j ~ r.. `~k "k~' r-'¢w" r~~Fr+. Y~~~ r. e ' '"a~G -~roy~r '~•~'~t' 'fin S ~f . y 1 Tyr s' FIGURE 2 Macari Farms Property, AERIAL PHOTOGRAPH Mattituck 1'~ I N Source: NYSGIS Orthoimagery Program, 2010 ° • FI°~~~' ~ Phase l ESA Scale: 1 inch = 500 feet 74 ' t` - alb ` `T y A • •i , 1 i.- x 1 y~' A WWI 7b $a ."t ati ry1y~.~. y+ * . S L x .r h sue. 11 yq y~q r 7 fip, 1~ , e ~..1 v,.~~q», ~ ~ ~ aY3r vPo~ 1 ` fN 41 r w y ~Z mat !a ~~v+• i ' J J F 'L 1-4 PI"r +~h,v ` I7P 4,,,~ .q;S~ ; < ~ ~"•M ~ aFc~ a ~j t o~~ ' xw S + ,^y C 'L 1 wtiu~ _ t y'~ 1 T r f a' - y t vbV,• $tt",' FIGURE 3 Macari Farms Property, LAND USE MAP Mattituck ~II N Source: NYSGIS Orthoimagery Program, 2010 Phase I ESA Scale: 1 inch = 1,000 feet 1 AC 1 1 1 ' rC o.,c,lpt~on H OS.r'V^';...1 N'~wr A~ ~^r Ate" :.'I~YC nL~~ J7., 4cn;R 1.1 vi ' FIGURE 4 Macari Farms ' ZONING MAP Property, Mattituck Source: Southold Zoning Map 2008 NORTH Scale: 1" = 800' Phase l ESA 1 {j yy"'s H aA 1 RdA PIA VON Rdq N a B 1 Hai 1 rB r H U Su 1 Rd B H*A A 44 1 ` W.u nm dB# 1 Rye HaB 1 1 PmC H aA e x 1 PmC3 ~ e RdB Rd 1 q FIGURE 5 Macari Farms 1 SOIL MAP Property, Mattituck Source: Suffolk County Soil Survey Noare 1 Scale: 1" = 500' + Phase l ESA 1 A g J i • • C2 L dam FIGURE 6 Macari Farms Property, A TOPOGRAPHIC MAP Mattituck 1 1, 11 V III " 1~1 1-1 Source: ESRI Web Mapping Service, USGS ~ Phase l ESA Scale: 1 inch = 500 feet ' 7o 1 FIGURE 7 WATER TABLE Macari Farms Property, II CONTOUR MAP Mattituck Source: ESRI Web Mapping Service, USGS Water " Resource Investigation Report, 2009 Phase I ESA Scale: 1 inch = 1,000 feet m ~~L IP PI~~HB ~ i' ' / pP \ %4 \ PR11 ip \ Viol i \ i i i \ \ wW \.\i' P mr son AYE \ \ I e \ I uuu~ua p~~ \ I c \ ~ ti e ` i ben F/ y I FIGURE 8 Macari Farms ' WATER MAIN MAP Property, Mattituck Source: SCWA, 2009 NORTH ' Scale: V = 1,000' Phase I ESA MT-23 MT-23 ' MT-24 ' MT-24.... MT-24 MT-_68 ' MT-68 MT-68 MT-22 MT-22 ' MT-2 FIGURE 9 NYSDEC FRESHWATER Macari MFarms att tuck Property, WETLANDS MAP Source: ESRI Web Mapping Serice, NYSDEC " Freshwater Wetlands Map Phase I ESA Scale: 1 inch = 750 feet PEM1R PSS1E PFOIISS1E PSS1E PSS1E PUBHx ' PSS1E PUBHx ' PUBH ' PEM11UBF PEM1E L1 UBH FIGURE 10 NATIONAL WETLANDS Macari Farms Property, A INVENTORY MAP Mattituck Source: ESRI Web Mapping Serice, National N Y\ S Wetlands Inventory Map Phase I ESA Scale: 1 inch = 750 feet VE VE VE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD AE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD FIGURE 11 Macari Farms Property, w FEMA FLOOD MAP Mattituck III N Source: ESRI Web Mapping Serice, FEMA ~ Phase l ESA ' Scale: 1 inch = 1,000 feet Gam., u o Toxics Targeting 1 Mile Buffer Search Map na Macari Farms Property Mattituck, NY 11952 ~ c .4 oy M~1 RB W E 9 a _ \ q Suffolk County / ® \ National Priority III / 8 a ,r List(NPL) T¢~ ' Macad Farms Property ` Inactive Hazardous waste inact. Haz Waste Disp. r 8 ®Disposal Registry Site Dualify Registry IN 5E ° N ? RCRA Corrective V u Action Facility ~ ! r ~g5 / III 4 e O Subject Area Waterpody - - County Railroad Border Tracks 1 Mile 112 Mile Radius Radius 114 Mile - - 1/8 Mile Radius Radius Scale. 1 Inch = 1834 feet I Toxics Targeting 1/2 Mile Buffer Search Map Macari Farms Property ° Mattituck, NY 11952 i W E i o ? 5 I s H° Suffolk County r O Delisted NPL Site s onRAP Site Site NFRAP Site s No.-NFRAP Site r " aari ."a s.Prop@rf k' I ® Hazardous Waste Treater, S4 S Storer, Disposer t O~ i~ I Hazardous Substance Sol id Waste Waste Disposal Site Facility F r- ~i;:~F^~ a r I 1 ® r O Hazardous Site n A \ ~ , R Material Spill ~i P i loll i Subject ? Area W aterbody County Railroad Border Tracks 1 Mile 112 Mile Radius Radius 1/4 Mile - - 118 Mile Radius Radius Scale: 1 inch = 1046 feet I Toxics Targeting 1/4 Mile Buffer Search Map Macari Farms Property O Mattituck, NY 11952 IN same W E I 0 d \ m q ! Suffolk County ryq ~ ~ A Mq •x ®q ~1 /I P A n I Q Macari Farms Property P P I Major Oil Enforcement p O Storage Facility Docket Facility ® Chemical Storage Air Nq Q Facility Release c sq Toxic 9 > * Release M 0 Wastewater Petroleum Bulk '7 Discharge Storage Facility • I, Hazardous waste • ® Generator, Transco ~g Subject Area Wateroody County Railroad Border Tracks 1/4 Mile - 118 Mile Radius Radius Scale: 1 inch = 652 feet III i Toxics Targeting _ 1/4 Mile Buffer Closeup Map ~ iMacari Farms Property Mattituck, NY 11952 'Nk ° I o N b S e \ s L I 0 Suffolk County a ~c National Priority Delisted NFL Site j p° p ,.p~., List(NPL)' O 11 < $ y A `Q' NonNFRAP Ste 'tl NFRAPISi eupertund A a Inactive Hazardous Waste inset. Haz Waste Disp. p r«n+ I ® Disposal Registry Site Registry 0ualify,ng u kk` yM2Caryl ~[,,Op ra r Hazardous Waste Treater, F7 RCRA Corrective ® Storer, Disposer Action Facility FX- n tw ti tr. h x r ® Hazardous Substance Solid Waste Waste Disposal Site Facility x S~?x .r Major Oil Brownfields Storage Facility O Site " Chemical Storage Hazardous 0 Facility Material Spill " d A Toxic Release Wastewater Petroleum Bulk " / ° '7 Discharge + Storage Facility DocketFentity ® GHazardu Waste enerator. Tansp. Air ve Release Remediation Site Borders w I AreaeLl Waterbody County - Railroad m Border Tracks 5 = 114 Mile - - 1/8 Mile Radius Radius 1 Mile Search Radius V2 Mile Search Ratlvs Scale: 1 inch = 652 feet 1/4 Mile Search Radius ' Historical Topographic Map jocob N1101 it ki(- OF, r t ~a ? l ia I be Pt. \ 7. 17 .emu 4.bville Y+:~ . \ `L & }1111 y1N SITE •,>i.' \ . 4 4 . r:au l SLA ND y1 O ` Miamogue Pr 1 _ `Indian X11 S Rr,t \ / Red Cedar Pt. - yam. `•f- ~,d - " r.. ,...iry fa 1 C Z F_ 1` A e r ul 1~e 1 \ '1 111, li itVp 4 ? S~ r' ~iV N 1 a TARGET QUAD SITE NAME: Macari Farms, Mattituck CLIENT: Nelson, Pope & Voorhis LLC N NAME: RIVERHEAD ADDRESS: 950 & 1350 Bergen Avenue CONTACT: Steven Mcginn T MAP YEAR: 1904 Mattituck, NY 11952 INQUIRY#: 3468307.1 LAT/LONG: 40.99 / -72.57 RESEARCH DATE: 12/04/2012 SERIES: 15 SCALE: 1:62500 ' Historical Topographic Map ~F00-702~ p?! o 703 3500" I 704 34.00" 705 1 706.33.00'. r a- Ini ' 1raL~s?t'; \3 ` " .017 r p`} I 8 UN, S 07 U I t I SITE ' L r Laurel Pond \ C_ 1 JG \ r _ L 71 aurel IN ~ +R\ H A \ 1 TARGET QUAD SITE NAME: Macari Farms, Mattituck CLIENT: Nelson, Pope & Voorhis LLC N NAME: MATTITUCK ADDRESS: 950 & 1350 Bergen Avenue CONTACT: Steven Mcginn T MAP YEAR: 1944 Mattituck, NY 11952 INQUIRY#: 3468307.1 LAT/LONG: 40.99 / -72.57 RESEARCH DATE: 12/04/2012 ' SERIES: 7.5 SCALE: 1:25000 Historical Topographic Map (MA Ti TNICK ",I-LS! 5 • ~g ' 1• Jacobs' " / i~'~65t?/ r ' Hill i Nrr Nr~ 1..._ - )butt ~ ~ ~ . •S 50 63 •v ' . ~ . ~ ~ SITE ~L ~1 » ; • ~°P Luierel p ~~e~ ~ Lrr1'e ~ \ ~Pa Camp Immaculate \A aurel t51 RP tit g,. 1 TARGET QUAD SITE NAME: Macari Farms, Mattituck CLIENT: Nelson, Pope & Voorhis LLC N NAME: MATTITUCK ADDRESS: 950 & 1350 Bergen Avenue CONTACT: Steven Mcginn T MAP YEAR: 1956 Mattituck, NY 11952 INQUIRY#: 3468307.1 LAT/LONG: 40,99 / -72.57 RESEARCH DATE: 12/04/2012 ' SERIES: 7.5 SCALE: 1:24000 1 P ~ U B L I C H E A ~ R I N G • ~ RESOLUTION 2012-848 ADOPTED DOC ID: 8271 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-848 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 20,2012: 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, December 4, 2012, 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 Macari Farms, LLC. Said property is identified as SCTM #1000-112.-2-p/o 1 and SCTM 41000-112.-2-2. The addresses are 950 & 1350 Bergen Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Bergen Avenue approximately 720 feet northwesterly from the intersection of Arbor Lane and Bergen Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25.2± acres (subject to survey) of the 27.2± parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded • grant from United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS).The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 25.2± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell • • LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, December 4, 2012, 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 Macari Farms, LLC. Said property is identified as SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-2. The addresses are 950 & 1350 Bergen Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Bergen Avenue approximately 720 feet northwesterly from the intersection of Arbor Lane and Bergen Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25.2± acres (subject to survey) of the 27.2± parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS).The purchase price is $60,000 (sixty thousand • dollars) per buildable acre for the 25.2± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: November 20, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON NOVEMBER 29, 2012 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 • Website • SOUTHOLD TOWN BOARD PUBLIC HEARING December 4, 2012 7:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Roland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:56 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 • (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, December 4, 2012, 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 Macari Farms, LLC. Said property is identified as SCTM #1000-112.-2-p/o I and SCTM 91000-112.-2- 2. The addresses are 950 & 1350 Bergen Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Bergen Avenue approximately 720 feet northwesterly from the intersection of Arbor Lane and Bergen Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25.2± acres (subject to survey) of the 27.2± parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS).The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 25.21 acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Macari DRE Public Hearing 2 December 4, 2012 • Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice from Mark Terry, principal planner and LWRP coordinator. "The proposed acquisition is for development rights easement on part of the property consisting of 25.2 of the 27.2 parcels total acreage. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold town code and the LWRP policy standards. Based upon the information provided on the LWRP consistency assessment form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. And a notice that it was posted on the Town Clerk's bulletin board on November 26, 2012 and that it was posted in the Suffolk Times on November 29, 2012. That is it. SUPERVISOR RUSSELL: Would anybody like to be heard on this particular local law, this hearing for acquisition? COUNCILMAN KRUPSKI: As you can see here on the map, it's two parcels. There are two parcels together (inaudible) one two acre preserve area that is being left out. If you look at the map, there is a lot of preservation; some from the state, a lot from the town and a lot from the county. It almost reaches up to the Laurel Lake watershed. It is an important purchase because it does add to the larger block of preserved land and also • Melissa Spiro from Land Preservation deserves a lot of credit. She worked hard to acquire a grant (inaudible). ROBERT DUNN: Inaudible. SUPERVISOR RUSSELL: Sure. MR. DUNN: Are these negotiated or is there a fixed amount? SUPERVISOR RUSSELL: No, they are all negotiated. Every sale that takes place has at least two appraisals done. And then offers get tendered to owners and then the negotiating, like any real estate deal, goes back and forth. MR. DUNN: Not to reflect on this deal or any other, I was just curious on how it works. COUNCILMAN KRUPSKI: It is based on (inaudible) SUPERVISOR RUSSELL: Yes, the whole premise is based on voluntary preservation. So people come in the door, say they are interested in preserving this for a variety of reasons and that is when the ball gets started. MARIE DOMENICI: Macari's vineyard is.... COUNCILMAN KRUPSKI: Inaudible. Macari DRE Public Hearing 3 December 4, 2012 • MS. DOMENICI: Great. Okay. Sounds good to me. Thank you. This hearing was closed at 8:01 PM Elizabeth A. Neville Southold Town Clerk • S ~ E Q R A P U R C H A ~ S E R E S O L U T I O ~ N RESOLUTION 2012-888 ± ADOPTED DOC ID: 8284 • THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-888 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4,2012: 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 Macari Farms, LLC on the 4'h day of December, 2012, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM 41000-112.-2-p/o 1 and SCTM #1000-112.- 2.2. The addresses are 950 & 1350 Bergen Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Bergen Avenue approximately 720 feet northwesterly from the intersection of Arbor Lane and Bergen Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 25.2± acres (subject to survey) of the 27.2± parcels' total acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and • WHEREAS, the easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS).The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 25.2± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and • WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, Resolution 2012-888 Board Meeting of December 4, 2012 WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEORA Rules and Regulations 6NYCRR 617.1 et Seq • and • WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Macari Farms, LLC, identified as SCTM # 1000- 1 12.-2-p/o 1 and SCTM #1000-112.-2-2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. T--- Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Roland, Talbot, Doherty, Krupski Jr., Evans, Russell • Updated: 12/4/2012 2:50 PM by Lynda Rudder Page 2 617.20 Appendix C • State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION To be completed b ant or Project Sponsor) 1. APPLICANT/SPONSOR NAME yin 1~ Fcirm Lt-C 3. PROJECTLOCATION: Municipality SOv} I+0L- T County C ?(7}0 ' 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, e(c., or provide map) C.a7r I-#It'oo_~12.-Z- I+2,3- 1 qSo k 1350 L&rjeA Ave. mla -;+Uck 5. PROPOSED ACTION IS: New Expansion E] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: lol~„{P~Pch~,se oE' d e ?e ~o~nley)'f- r'I~ A45 eGsP~rIP~-1- on ~ S, 2± 4crrs of a~.2~ acre ecc~e2~y. 7. AMOUNT OF ND AFFECTED: rI .r Initially 45. A % acres Ultimately ar s, acres 8. WALL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential Industrial Commercial Agriculture krParktForesVOpen Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? W Yes E]No If Yes, list agency(s) name and permit/approvals: Tlorrttcl 4,IncktN5 zgfpec4w~ -feorNctLoRrc\<~ ~ran'1~ ~CCm V.S,~P~ AtIrtc-Mvee 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I] Yes No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes © No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ~1 L.a l~itCS,Co C~Ik.~oQ 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 II - IMPACT ASSESSMENT To be completed b Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. 11 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 f~ L7 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: QV C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: ~)d 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: N0 C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: O C6. Long tens, short tens, cumulative, or other effects not identified in Cl-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: 41 0. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CFA)? E]Yes, N No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? Yes ~ No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed. by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise. significant, Eactx 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 suffident 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 CFA. F1 Check this box ifyou 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. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WlL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination .lt>,u.NO~o \owN~oaeo C Name of Lead Agency Date NCO Zu5 rLL 7owN SuPEltvts02 Print or 7 Name of Res 5iblle'O/ffioer in Lead Agency Titles of Response w Officer /.U Signature o sponsible (ficar in Lead Agency Segnat re of sparer f de a from responsible officer) OFFICE LOCATION: OF soolyo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 O Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM INECEWED To: Town of Southold Town Board NOV 2 9 From: Mark Terry, Principal Planner LWRP Coordinator DEPT. OF LAND R ON Date: November 28, 2012 Re: Development rights easement on property owned by Macari Farms, LLC. SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-2. 950 & 1350 Bergen Avenue in Mattituck. Location: 950 & 1350 Bergen Avenue in Mattituck. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25.2± acres (subject to survey) of the 27.2± parcels' total acreage. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator C • L O S I N G S T • A T E M E N T • CLOSING STATEMENT MACARI FARMS, LLC to TOWN OF SOUTHOLD SCTM #1000-112-2-p/o1 SCTM #1000-112-2-2 Total Development Rights Easement-25.2439 acres Total Parcels Acreage - 27.2439 acres SCTM #1000-112-2-1 = 11.3962 acres (Parcel 1) SCTM #1000-112-2-2 = 15.6477 (Parcel 2) Reserve Area = 2.0 acres' acreage not included in purchase price calculation Premises: 950 & 1350 Bergen Avenue, Mattituck, New York Closing took place on Tuesday, September 10, 2013 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 1,514,634.00 (based upon 25.2439 buildable acres @ $60,000/ buildable acre) disbursed as follows: Payable to Bergen Road Corner Trust $ 1,499,634.00 Check #118597 (9/10/2013) Payable to Abigail A. Wickham, Esq., as Attorney $ 15,000.00 Check #118712 (9/10/2013) $ 1,514,634.00-- -Project eligible for 50% reimbursement of appraised value from an awarded federal USDA-NRCS grant in the amount of $757,317$ (Award #73-2C31-2-1 BHF) *received $756,317 Expenses of Closing: Appraisals & Appraisal Updates Payable to Brunswick Appraisal Corp. $ 2,250.00 Check #114268 (6/19/2012) Payable to Brunswick Appraisal Corp. $ 500.00 Check #115063 (9/1112012) Payable to Brunswick Appraisal Corp. $ 1,250.00 Check #116056 (12/18/2012) Payable to Brunswick Appraisal Corp. $ 1,500.00 Check #117847 (6/18/2013) Survey Payable to John C. Ehlers Land Surveyor $ 2,300.00 Check #116894 (3/12/2013) • Environment Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,050.00 Check #116914 (3/12/2013) Title Report Payable to Stewart Title Insurance Company $ 6,912.00 Check #118696 (9/10/2013) Title insurance policy $ 6392 Insuring additional lot $ 50 Recording easement $ 250 Certified copy of easement $ 65 Recording TP584 $ 5 Recording C&R's $ 150 Addition Title Expenses incurred at time of closing,. Payable to Stewart Title Insurance Company $ 175.00 Check # 118$Zl (not paid at time of closing) (91zyJ1013) Recording 2nd TP584 $ 5 Recording C&R's pages $ 110 • Recording add'I easement pages $ 60 Title Closer Attendance Fee Payable to Patricia Fallon $ 150.00 Check #118627 (9/10/2013) 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 towards this project, excluding Town's legal fees. Dated: September 10, 2013 Southold, New York eph ac ri r. Grantor r ia~F ~caz~ ~ Ivus~~ cari Farm, Oku< < • Melissa Spiro, L nd Preservation Coordinator Town of Southold • Those present at closing: Lisa Clare Kombrink, Esq. Attorney for Town of Southold Joseph Macari, Jr. Grantor, Co-Trustee Diane Macari Co-Trustee Abigail A. Wickham, Esq. Attorney for Macari Farms, LLC 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 OF SOUTHOLD • VENDOR 020773 BERGEN ROAD CORNER TRUST 09/10/2013 CHECK 118597 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 12-888 09102013 25.2439 AC DEV RIGHTS 1,499,634.00 TOTAL 1,499,634.00 p~ ° ter E J ail . t}'E+. h,4 w grid `'~ti TOWNOFSOUTHOLD AUDIT 9/+10/13 53095 MAIN ROAD, ED ECK 9179 : SOUTHOLD NY 11971,09 CHECK ND. THE SUFFOLK CO. NATIONAL BANK CUTCHOGUE, NY 11935 DATE 1OUN~ 50546/214 09/10°/2013 $1149,-634.00 ONE MILLION FOUR HUNDRED NINETY NINE THOUSAND SIX HUNDRED THIRTY FOUR AND 06/100:. DOLLARS ~~pS~fPOIx~~ PAP BERGEN ROAD CORNER TRUST 0 'F 2'0 THE 150 BERGEN ROAD w x - w LA ORDER M TTITUCK NY 11952 -'may OF, i!'ii8597!!' 1:020405464i: 63 000004' Oii' TOWN OF SOUTHOLD • VENDOR 023297 ABIGAIL A. WICKHAM,AS ATTORNEY 09/10/2013 CHECK 118712 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 12-888 09102013 MACARI FARMS-ATTY FEE 15,000.00 TOTAL 15,000.00 4, T a jj i u F Lf i +r 1 1+ 1 µ i .1Y 1 } Y?~~~ 111:4 ~ y , ~ 'Yl o r 4N~ .kaaa.o i 1 i' - Fa a ru 1 IMP' 1 ~(1W ppUT~IQGD AUDIT 9/10/,1'3 ~1 IN flbATi, PO 9b% 1 A ]9 SOUTHOLO,NY119]9'0959 CHECK NO, 1,1&"912 THE SUFFOLK CO. NATIONAL BANK DA~,E CUTCHOGUE, NY 11935 J#AdOUNT ` FIFTEEN THOUSAND AND 00J100 DOLLAR§ 50,546/214 09/10/2013 $15;a0o.00 ~~~gV~EFO[K~p - Ay ABIGAIL A. WICKHAM,AS ATTORNEY a OIfDRR per= ~ g , m 116 7 1211' i; see . 02i405464I` . 63 000004 Oils I BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 8 HUNTINGTON, NEW YORK 11743 (631) 421-2344 FAX (631) 424-9246 E-Mail: elinor@brunswickappraislxom Sanford S. Brunswick Armand Brunswick, MAI Elinor Brunswick, MAI 1881-1960 State Certified General Appraisers May 23, 2012 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: Macari Property Tax Map # 1000-112-2-1 & 2 INVOICE# 1000-22 Real Estate Appraisal $2,250 Thank you W ECE Irl E0 MAY 2 9 2012 EPL Of LAN R T TOWN OF SOUTHOLD • VENDOR 005409 ELINOR BRUNSWICK, MAI 06/19/2012 CHECK 114268 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 23476 1000-22 APPRAISAL-MACARI-DEV RTS 2,250.00 TOTAL 2,250.00 # k 1 ~ Tyr ' • THE ORIG114AL CHECK HAS A COLORED BACKGROUND. A VOID COPY FEATURE AND WATERVARK PAPER -77 <dim+ ys« " +jaa~ - ;2tm» dla > r «s. '"*ks., ^ yo- `°.14wmM- x iy~ . YG 4a> '!.x Alma' _ ja r + its - ow 5;1s cae4cN~'"'3$» pil~ 'o t"A^ ."yam` wkb 'A*-j1:' / * 'z 3z ; 1'{tX wti x a g+ #4.a., _ I" ,sh y FFiE~bC3C-0 t _j yab~' " * ek~'sN a e ma :w... dps E Nn 1 n, + , r~•. x ,y~ a r Ja a ^ S ~n, -Sa`2cby a a 'a~ .s a t sx~~ + ~'"'Cia""QuS x6,~yx~oM~~t,~.yi~ 'JF" q4r,.~ s ~x > 9 a e s ~..r i < •ui, `e nn ih ~ J. a iar w~ ty,.~f.~,?.' tea" s ~ ,.v ~ a~i- v a ~w. =yy~g" ~ ^'~i="' ^,T eT,.~ a :•5b 5 - .yy ,L Nw r~ X~"~r~"~m ^4°`T .~,„~.,gy}wp mom'. .n8 m'o-t&`4.^t - est x~ war ky i . i rv x +...yrw M. ,,>rs ,may ~~'w&. ~$WS4`K +TSI" a~ a C' t k M y eha l.~pr. ,S„ba .^n X449 L!. • ~~-'r,~ ~y d~`+w,T ~ fix? ~,V'r i'A! ry ~ t t {iF ~ ~"'My~+l t 9~ ec e r '!W'" 1k rF y Jd v> i+ ' x+bF ~ dr x,pi e n• w ,a r . eJ a,i y~ ,}3t.." 3 "n`i 2`68ii' i:0~2 L"405~464~:~6 3 CJOlz00 Obi''". 'w> BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P. O. Box 674 • Rockville Centre, New York 11571-0674 (631) 421-2344 PAX (631) 424-9246 E-Mail: clinorobrunswickappraisl.com Sanford S. Brunswick Armand Brunswick, MAI Elinor Brunswick, MAI 1881-1960 State Certified General Appraisers August 16, 2012 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: Macari Property Tax Map # 1000-112-2-1 & 2 INVOICE# 1000-23 Updated Real Estate Appraisal $500 Thank you nEaE 0 SE D AUG 1 72012 DEPT. OF LAND • PRESERVATION TOWN OF SOUTHOLD • VENDOR 005409 ELINOR ERUNSWICK, MAI 09/11/2012 CHECK 115063 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 23481 1000-23 MACARI APPRAISAL UPDATE 500.00 TOTAL 500.00 l•,,Lry k i t,At'' ,xty ' LL•I: tt7 H _ a' • ~w 3 ~~•c ,aiw -"a+s~ eAel°M `mow -w`9,b^ ap*^ • 1.u~ : Y`t.J° 'M'V2n~? bC u~ } ae""" +'y 4 ~ J y " _ 3 i ~pf~J p~ y g"l1]:9~yw " ,5/ s1F 7.~ ~1U7}•1"T `'~riie"1`ffvF6tK-Cd. N7 iYdNAL BA;K: 95k NO 115063 CUTCNOGUE NY 1iB QLn"~I' FIV$'F3 ~4R,~ 56-64W4 k9/11'/x022 A;3D $500•:00 LAtFS13 1" 'Ut "+'.ti rfi a ta. ? ~ _,~~.spe a~W...'. OR BRF7NSWIC ORDER of PO Bqx"6-74"' ~T ¢ ?r w2ya _ 4 f~3bn kI 11.11506311• i:0214D5464o:'53 000004 bI BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS • P. 0. Box 674 Rockville Centre, New York 11571-0674 (631) 421-2344 FAX (631) 424-9246 E-Mail: elinor@brunswickappraisl.com Sanford S. Brunswick Armand Brunswick, MAI Elinor Brunswick, MAI 1881-1960 State Certified General Appraisers November 26, 2012 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P-O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: Maeari Property • Tax Map # 1000-112-2-1 & 2 INVOICE# 1000-24 Updated Real Estate Appraisal, as per FEDERAL REQUIREMENTS $1,250 RECEVED DEF DD • TOWN OF SOUTHOLD • VENDOR 005409 ELINOR BRUNSWICK, MAI 12/18/2012 CHECK 116056 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 24700 1000-24 MACARI APPRAISAL UPDATE 1,250.00 TOTAL 1,250.00 ^ ('r a hjhLi0 t THE ORIGINAL CHECK HAS A COLORED BACKGROUND. 4E 4w -Q°Hrr.. .w fix" "^iE3T" wy . X$+',~g^,~. r s~ '*t'b N ww'Qw~%.~ Mo'll Pj,1. ^SJ `t YFp /,ttH +dew ^rws"" vY4> ~ FdW ^4ng _ . xn.xx dsty a N - "?Fir #kMo Nk' aid ~dif~` uli~d~ dl. t 1 +t r.+ * rNie 4 xx ue ,,"1n N ~>x (la1P k~6W SNr!A *AY <py,h*.'~++ k3h t dlr~~sf ~`-sr n%w .,~`.1 +~•~~y 2 .AxJ dry' AY~P yy~y t by Hwrr•' 'dh Alh'1'V 14 "erH ~i{.~.* !r ,p a w.~,R• +N dF"..~fa-n •xh/ kV- a ,F xY v i.» -nee„4 .sue,, - o-xfd.a uyy,.. Lam,, Yp~4 ~k s 'jj ~ n K a'.: n/'d E x u. # ar' fir. x'a 4 x t t>= rd9tR' vr~M~ r4`~ Nx='° yn r9 oqx. 5yz e}„a iY,J~ ~ s 1. - ~ f A 'µdd gB ".Sh' 4i! l,'rr x.>tksFai+^ 'per *rµ }3y'm ",v'.k b" n t a. . 1µ .gb, ,..(xw- :Pr...a 'Y.1 .(~/$yf~'~(~[~~,• ~ ..~~y{'(p~ w,c k:[~py~~`pn^~vs d ~ ~bdd~ A*"'bNv Y.4Y re. VRD°.•F{•'r9 t t3 ,~~j I• y'r~,„ S RyR~l~"•.V."/F.Y t a . r'- +kXtt >,T. 'rr. p E , t p~~~rvq~lA6ll'~V / pis • t i~l hr i4'tty .+c a _ ° rt OF YN"~ ~J~4£/.r~s~.l . ~ nr xba+. +M :R ad tlP~ ~'v7 ~ mff ~6,ti'*t:d~iI4D544~: 63 fSbC)004`OFi :r • BRUNSWICK APPRAISAL CORP. REAL ES'T'ATE APPRAISERS AND CONSULTANTS P.O. Box 674 Rockville Centre, New York 11571-0674 (631) 421-2344 FAX (631) 424-9246 E-Mail: elinor a,bmnswickappraisal.com Sanford S. Brunswick Armand Brunswick, MAI Elinor Brunswick. MAI 1881-1960 Slate Certified General Appraisers June 7, 2013 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator • RE: Macari Property Tax Map # 1000-112-2-1 & 2 INVOICE Appraisal Supplement (as of March 13, 2013) $1,500 • TOWN OF SOUTHOLD • VENDOR 005409 ELINOR BRUNSWICK, MAI 06/18/2013 CHECK 117847 FUND & ACCOUNT P.O-U INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 25305 060713 UPDATE APPRSL-MACARI 1,500.00 TOTAL 1,500.00 Id, TFIE CRIGI"L CHECK "AS A COLORED BACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER TOWN O SO/g7Yf(4 e 8 / }8 / 1 w% ~yy ti fir., • r 5141AW.8 xa~ elkfii Y.:F'•°• +v aJr~pr .4~.~+ yp.. SGO D. NY Y9J99955 4 " CHECK ND. I1•fg 4 THE SUFFOLK 00, "A OgAL BANK . „ CUTCHOOUE NY 78945 tT ~ y_ '°Y: x s6-5ae/3t Ay, a U,B~O7L23+1`{~wYmK 'ONE THOUSAND FIVE HUNDRED AND 00/100 i P.YY „ $D $OR' BRUNSWT''-K, 'MAI - - f µ • ••g°~-tio.>u e Mtt4 70171E SIZNN6WtCK APPI~Aig l CORP ORDER 0k_ ...PO SOX .674 t ,a fi ROCKVILLE CENTRE NY 11571 110It ?B478• 1:021 L. 05464i: 63 000004 0lie JOHN C. EHLERS STATEMENT • 6 East Main Street Riverhead, NY 11901 DATE INVOICE # 3/4/2013 2007437 Town of Southold Office of Land Preservation Southold, NY 11971 TEL: 631-369-8288 FAX: 631-369-8287 TAX MAP NUMBER MY JOB NUMBER 1000-112-2-1&2 12-177 DATE DESCRIPTION CHARGES BALANCE 3/4/2013 Current survey of property 950 & 1350 Bergen Ave., Mattituck, 2,300.00 2,300.00 N.Y. for development rights purchase. • RECENE10 MAR - 6 2013 DEPT. OF LAND PRESERVATION - -EASE MAKE YOUR CHECK PAYABLE TO JOHN C. EHLERS Total $2,300.00 E-mail Web Site jesurvey@optonline.net longislandlandsurveyor.com TOWN OF SOUTHOLD - . VENDOR 005320 JOHN C. EHLERS 03/12/2013 CHECK 116894 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT 113 .8660.2.600.100 24699 2007437 SURVEY-MACARI FARMS 2,300.00 TOTAL 2,300.00 t, ss~ 71 THE ORIGINAL CHECK HAS A 'nt. L~`m+3~§•r us § 4~a p "tJ COLORED ~ ~ q~,+ ,y A3. Sls- ^aukµ' Ir~+b at lam' ~ n f a LSfn 5 sg ~y~R1 xs v ~it r .1 d: co etmi44 ,+aw,. ex «4 - r, t aa+ P 'Fh Y ,5yr ltl ~s+ J^ yy{{i }y s h ' .Ht/~°~Y'+~`Y i 0. b y4 µA1 In ~ 0.l "EK^ ~ p ^EN r6K~^ 'Kw"'~ TMi ~ ' JI E y _ Y]d^ urns ~4 # ,.r m a4'a[ rW, ark: q„ sAa"Y+ R~"nb~.1~ w* 4 r( 'i' d ~ b4p4% Rq dy v ~ Aslt •^*e$,G s3#A .'Ad # b n r Nr -`e d IIlVO1Ce Nelson Pope & Voorhis, LLC • 572 Walt Whitman Road Melville, NY 11747 (631) 427-5665 January 28, 2013 Melissa Spiro Project No: V12X199.001.000 Town of Southold Dept of Land Preserv Invoice No: 9482 Town Hall Project Manager Steven McGinn 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Project V12X199.001.000 Macari Farms, Mattituck Professional Services Phase SA Site Audit Task 1300 Phase I ESA Contract dated September 19, 2012 Contract item # 1 Phase I Environmental Site Assessment Fee 1,050.00 Total this Task $1,050.00 Total this Phase $1,050.00 Total this Invoice $1,050.00 • RECOVED MAR - 6 2013 DEPT. OF LAND RESERVATION All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after 30 days. TOWN OF SOUTHOLD • VENDOR 014161 NELSON, POPE 5 VOORHIS, LLC 03/12/2013 CHECK 116914 FUND 6 ACCOUNT P.O.# INVOICE. DESCRIPTION AMOUNT H3 .8660.2.600.100 24698 9482 PHS 1 ESA RPT-MACARI FRM 1,050.00 TOTAL 1,050.00 I+: ryy4P' R' t f , 1 Y i"4r~ r tt!4` F 'Ry$i ~ ll2 ersv CHECK%~ ~$54n ~418' e LBary~t . a ' ,lam+,+ Pa/izTznl3 ~ $1.~tS54 00 byre rHOVSZ+am-~Yx~'k o~/i'bo: aoUUi.~ "'r 1 ~6T -f4ki" qY FSyy~~~4&'YVC.YRf1S++-! '.YLc ..+"c Fi+ e !d n*f t,M0, , ~1t7S$R i L'VSL'T,S t30C 1117 47 77 ~ OAS ~~•LL64L~~~• ~:O2L4O5464~C 63 OODOD~. Oils -stewsrrt title insurance company INVOICE INVOICE NUMBER: 14051 DATE: 9/10/2013 TI"FLE NO.: 1216140 111 LE CLOSER: Fallon, Put APPLICANT/CLIENT: Iwomcy, Latham, Shea, Kelly, CLOSING DATE/TIME: 9/10/2013 1000 AM Dubin & Quartamro, LLP CLOSING LOCATION: Town of Southold Annex - Land LENDER'SATTORNEV: United States Department of Preservation Agriculture - NRCS 54375 Route 25 P.O. Box 1179 SELLER'S ATTORNEY: Wickham Bressler & Geasa PC Southold NY 11971 OWNER'S POLICY NO: 0-8911-620992 (631)765-5711 PROPERTY ADDRESS: 950 & 1350 Bergen Avenue TRANSACI[ON TYPE: Easement Mattihtck NY SALES PRICE: $1.514.634.00 District: 1000 Section: 112.00 Block: 02.00 Lot: p/o 001. COUNTY: Suffolk District: 1000 Section: 112.00 Block: 02.00 Lot: 002.000 PROP TYPE: Vacant PURCHASER/BORROWER: Town of Southold SELLER (S): Macari Farms, LL,C PREMIUM: Fee Insurance (Liability Amount: $1,514,634.00) $6,392.00 56,392.00 ENDORSEMENTS: SEARCH FEES: Tax $50,00 550.00 Add'1 Lot RECORDING FEES: Recording Fees 510.00 $10,00 TP584 Recording Fees $275.00 $275.00 Certified Copy of Grant of Development Rights Easement: S65 C&R Agreement: 5210.00 Includes S60 Add'[ Lot Fee Recording Fees S36R00 $360.00 Grant of Development Rights Easement (33 pages) Includes $60 Add'I Lot Fee TAXES: (TRANSFER/MANSION/MORTGAGE) ADDITIONAL: Survey (5) Applicant Provided SUBTOTAL: $7,087.00 $7,087.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $7,1187.00 $7,087.00 $0.00 $0.00 RECEIPTS DIRECTCLIECKS: AMOUNT: STIC CI IECKS: AMOUNT: $'I g70° *Taxable at 8.625"%. 6ql; 6V Party responsible for payment u.c~ ~r~rnew^-f h • NEW YORK METRO 800-853-4803 212-922-1593 fax 707 Westchester Ave, 4th FI 300 East 42nd Street, 10th Floor 150 Broadhollow Road, Suite 217 Stewar newyork.com White Plains, NY 10604 New York, NY 10017 Melville, NY 11747 Page I oft TOWN OF SOUTHOLD • VENDOR 019624 STEWART TITLE INSURANCE CO. 09/10/2013 CHECK 118696 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-TITLE POLCY 6,392.00 H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-INS ADD LOT 50.00 H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-RECRD TP584 5.00 H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-RECRD ESMNT 250.00 H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-CERT COPY 65.00 - H3 .8660.2.600.100 12-888..1216140 > NIACARI FARMS-RECRD C&R'S 150.00 TOTAL 6,912.00 66 f S~f ~b d h l ' If"7~,'. hn~ x i. t a . If h THE ORIGINAL CHECK HAS A COLORED BACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER TOWN Off' SOUTHOLD AUDIT " J 10 / 1 ` 53095 MAIN QAN, PO 80X 1179 5 ouTH0L0,N~ 111010959 CHECK NQ 1.7,866 THESUFPOLK GO. NAT)ONAL BANK CUTCHOCUE, NY 11935 DATE AN16UN 50%462ia 09/10/2013 $91,00;;-- SIX THOUSAND NINE HUNDRED TWELVE AND 00/100 DOLLARS ~~NF~91X STEWART +ITLE INSURANCE CO. 15 0 ~ROAD#toLLOw S~ITE° 217 rrt - MELUSLLE NY 117,417 p. ~ e O. .l n .e r f' L869-if' 1:02L405LlGLl F3 000004 "O~f• ~ 7'OWN OF SOUMOLD • VENDOR 019624 STEWART TITLE INSURANCE CO. 09/24/2013 CHECK 118827 FUND & ACCOUNT P.OA INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 TB-888 1216140-091013 RECD 2ND TP584 5.00 H3 .8660.2.600.100 TB-888 1216140-09101.3 RECD ADDL C&R PAGES 110.00 H3 .8660.2.600.100 TB-888 1216140-091013 RECD ADDL EASEMENT PGS 60.00 TOTAL 115.00 g", , . i e ,4, +rm ~yyw•.,.~» .~yba~.-«s61••°-mtlw^~mkM... I vs "'^t m„~ x, 04Dw <mar ^uVdY +4s!A' dJn--md ~k'bisa--'ail7~--+ker-~ iA: wy ~$O (D, M,u~A4d{~Q5A "4w~ Y -1gy5 µ1y a. {fro- b a qty, Aiw'`-~~' " r - V w -011 7 } M$~ xc?as p. -wtfiv 4 wr~~Ao- - Ht72SpRw 19a/~~8.~ ` -`k& i,.w. manwu~.* re~,aot~arp~»MC'r^+f+ w u-Y+- ~y~ a ~ ~l"^~i~ w ~,fi ANA ~ , ~ a3sw. ..zs~~~•--'E1lAu.. ,+<9"~'; A1k?h. b" ~W -~k, - .a. .etyr r~`± 1374 lr fe. I laa 2?"m 1:021°4054641: r3 000004 011' TOWN OF SOUTHOLD • VENDOR 006013 PATRICIA FALLON 09/10/2013 CHECK 118627 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-TITLE CLOSR 150.00 TOTAL 150.00 ~C{(,,y~TT~}LSy 9 d ~a 1 F F ~ Ail ' l~ ~ ' LN F I s 4f f +I"M YID ~ ~ - - THE ~#P: I ORIGINAL T: 7 a i~nW iu ~ 7 ~'fYF'1x' c~'OdUTHQD' AUDIT la?13 C~~~ 5'0b9~knXFIN bY0 F §OX 11 r s §OUTHpun NY je§vr bs5s _ CHACSC ~ • 3,8 7" - THE SUFFOLK CA NATIONAL'B NK `CUTCHOGUE, NY 11935 yV ?AMDU 7 50'5451214 09/10/2013 - 1 -$750y00 ONE HUNDRED FIFTY AND 00/100 DOLLARS WE~O X '40 PA-rRICIA, FAEL6N. 40 WHITE OAR LANE y <+i _ v ORDER tf. ,SOUTHAMPTON NY 11968 - ,A Cpl % m ~i'1i862711"1:0214O5464I: 63 00000L. O11' G • R A N T I N F O • R M A T I O N • OFFICE, LOCATION: MELISSA A. SPIRO ~~Of sn~jyo Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 • melissa.spiro@town.southold.ny.us y (corner of Main Road & Youngs Avenue) T Southold, New York Telephone (631) 765-5711 G Q Facsimile (631) 765-6640 ;0 Y~ MAILING ADDRESS: I~~QU P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 30, 2013 Peter B. Gibbs, Farmland Protection Manager USDA-Natural Resources Conservation Service The Galleries of Syracuse 441 S. Salina St - Suite 354 (51h floor) Syracuse, NY 13202-2450 Re: MACARI Farm Project Cooperative Agreement 73-201-2-113H17 Town of Southold ($756,317.00 grant award) • Dear Peter: I would like to formally and sincerely thank you and all those at the USDA-NRCS for helping to bring the Macari Farm project to its rewarding conclusion, adding 25.2439 acres the Town's ever-growing list of preserved farmlands. The awarded grant funding the Town received last month in the amount of $756,317.00 helped to make this project possible. Some time ago, I provided you with documents that NRCS required from the Macari Farm closing. Since that time, the Town has received confirmation of the conversation easement registry and its assigned identifier from the NYS DEC. I have enclosed a copy herein for your records. Thanks again for your assistance. Sincerely, ALI, Melissa Spiro Land Preservation Coordinator • enc. From: Maniscalco, Maria - NRCS, Syracuse, NY Sent: Friday, September 20, 2013 3:04 PM To: Glenn, Kimberley - NRCS, Syracuse, NY; Gibbs, Peter - NRCS, Syracuse, NY subject: FRPP easement payment Town of Southhold 732C3121BHF FRPP easement payment was processed today to Town of Southhold 732C3121BHF for Macari in the amount of $756,317.00. Maria Maria Maniscalco Budget Officer/AOPC/FATA/POI/DCCAC USDA/NRCS 441 S. Salina ST. Syracuse, NV 13202 (315) 477-6517 phone (315) 477-6560 or 6550 fax Maria.maniscaIco(@ny.usda.gov his electronic message contains information generated by the USDA solely for the intended recipients. Any -Unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. 2 REQUEST FOR ADVANCE 4 1 2 PAGES OR REIMBURSEMENT s 2. BASIS OFREQUEST ?X REIMBURSE- MENT Q CASH ;REQUESTED #~~theapplicablahox PAGE OF x- (See instructions on back) ACCRUAL PARTIAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO 4. FEDERAL GRANT OR OTHER VvHICH THIS REPORT IS SUBMITTED 5. PARTIAL PAYMENT REQUEST IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST US Commodity Credit Corp USDA NRCS-FRPP BY FEDERAL AGENCY 73-2C31-2-1 BHF Amend 2 6. EMPLOYER IDENTIFICATION RECIPIENTS ACCOUNT NUMBER 8. PERIOD COVERED BY THIS REQUEST NUMBER OR IDENTIFYING NUMBER FROM (month, day, year) TO (month, day, year) 11-6001939 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check is to be sent it different than item 9) Name: Name: Town of Southold Number and Street. Number and Street. 53905 Main Rd (Rt 25), PO Box 1179 City, State City, State and ZIP Code: and ZIP Code: Southold, NY 11971-0959 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED PROGRAMS/FUNCTIONS/ACTIVITIES 111'. (a) FRPP (b) (c) • TOTAL a. Total program (Asofdate outlays to date 09/10/2013) $ 1,514,634 $ $ $ 1,514,634 b. Less: Cumulative program income c. Net program outlays (Line a minus line b) 1,514,634 1, 514,634 d. Estimated net cash outlays for advance period e. Total (Sum of lines c&d) 1,514,634 1,514,634 f. Non-Federal share of amount on line a 756,317.00 756,317.00 g. Federal share of amount on line a 756,317.00 756,317.00 In. Federal payments previously requested 1. Federal share now requested (Line g minus line h) 756, 317.00 756,317.00 I. Advances required by month, when requested 1st month by Federal grantor agency for use in 2nd month making prescheduled advances 3rd month 12, ALTERNATE COMPUTATION FOR ADVANCES ONLY a. Estimated Federal cash outlays that will be made during period covered by the advance $ b. Less: Estimated balance of Federal cash on hand as of beginning of advance period c. Amount requested (Line a minus line b) $ AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse STANDARD FORM 271' (Rev. 7-9]) Prescribed by OMB Circulars A-102 and A-110 13. CERTIFICATION SIGNATURE OR AUTHORIZED C EYING OFFICIAL PATE REDDEST SUBMITTED I certify that to the best of my knowledge and belief the data on the reverse are correct and that all outlays were made in 1 -0B accordance with the grant conditions Or TYPED OR PRII ME AND TLE TELEPHONE (AREA other agreement and that payment is due CODE, NUMBER, and has ?Ot been previously requested. EXTENSION) Scott A. Russell, Southold Town Supervisor (631) 765-1889 This space for agency use Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,. and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0004), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS Please type or print legibly. Items 1, 3, 5, 9, 10, 11e, 11f, 11g, 111, 12 and 13 are self-explanatory; specific instructions for other items are as follows: Item Entry Item Entry 2 Indicate whether request is prepared on cash or accrued as many additional forms as needed and indicate page expenditure basis. All requests for advances shall be number in space provided in upper right; however, the prepared on a cash basis. summary totals of all programs, functions, or activities should be shown in the "total" column on the first page. • 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. If the advance or reimbursement is for more than one grant or other 11a Enter in "as of dale," the month, day, and year of the agreement, insert N/A; then, show the aggregate amounts. ending of the accounting period to which this amount On a separate sheet, list each grant or agreement number applies. Enter program outlays to date (net of refunds, and the Federal share of outlays made against the grant or rebates, and discounts), in the appropriate columns. For agreement. requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and services, the 6 Enter the employer identification number assigned by the amount of indirect expenses charged, the value of in- kind U.S. Internal Revenue Service, or the FICE (institution) contributions applied, and the amount of cash advances code if requested by the Federal agency. and payments made to subcontractors and subrecipients. For requests prepared on an accrued expenditure basis, 7 This space is reserved for an account number or other outlays are the sum of the actual cash disbursements, the identifying number that may be assigned by the recipient. amount of indirect expenses incurred, and the net increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services 8 Enter the month, day, and year for the beginning and performed by employees, contracts, subgrantees and ending of the period covered in this request. If the request other payees. is for an advance or for both an advance and reimbursement, show the period that the advance will cover. If the request is for reimbursement, show the period 11b Enter the cumulative cash income received to date, if for which the reimbursement is requested. requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the Note: The Federal sponsoring agencies have the option of cumulative income earned to date. Under either basis, requiring recipients to complete items 11 or 12, but not enter only the amount applicable to program income that both. Item 12 should be used when only a minimum was required to be used for the project or program by the amount of information is needed to make an advance and terms of the grant or other agreement. outlay information contained in item 11 can be obtained in a timely manner from other reports. 11d Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be 11 The purpose of the vertical columns (a), (b), and (c) is to made during the period covered by the advance, provide space for separate cost breakdowns when a project has been planned and budgeted by program, 13 Complete the certification before submitting this request. function, or activity. If additional columns are needed,use STANDARD FORM 270 (Rev. 7-97) Bxk R ~ E C O R D E D E ~ A S E M E N T • I IIIIIII IIII VIII VIII VIII VIII Iilll lull lull IIII IIII I IIIIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 09/23/2013 Number of Pages: 34 At: 10:48:08 AM Receipt Number : 13-0120140 TRANSFER TAX NUMBER: 13-05172 LIBER: D00012745 PAGE: 450 District: Section: Block: Lot: 1000 112.00 02.00 002.000 ~ORTGAGE TAX NUMBER: DE036183 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,514,634.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $170.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Affidavit $0.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $22.10 NO RPT $120.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Mort.Basic $0.00 NO Mort.Addl $0.00 NO Mort.SplAddl $0.00 NO Mort.SplAsst $0.00 NO Fees Paid $357.10 TRANSFER TAX NUMBER: 13-05172 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • oo 3l r of pages RErpFDEp • 2013 Sep 23 in: 4r:fC3 All R i!ITH R. FP;r41E This document will be public rIEFr rF record. Please remove all SuFFr D, rrkUHrv noo:2 as Social Security Numbers ~ ago prior to recording. oEOacl 0_ 1.-.415172 Deed / Mortgage Instrument Deed /Mortgage Tax Stamp Recofding /Filing Stamps 3 FEES Page / Filing Fee Fib Mortgage Amt Handling 20. 00 1. Basic Tax 2. Additional Tax _ i TP-584 Sub Total _ Notation SpecJAssit, or EA-52 17 (County) Sub Total ti~ 5 Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T lab , / Dual Town Dual Coun R.P.T.S.A. (d ty_ Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax _ ertified Cop L O The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total r~ , Iy family dwelling only. Other YES or NO • Grand Total • If NO, see appropriate tax clause on G page # of this instrument. 4 Dist. '7 WS 13025834 ~i~zl a - 5 Community Preservation Fund Re Tax Service R al Property p T S Consideration Amount $ Agency fication OSOP-13 III III II I II I I I II I I III CPF Tax Due $ Veri Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved 6 RECORD & RETURN TO: mtL4N1E QaeosK. Vacant Land nn da nl do ~S`Ort7ZW4d ANNEX- 1 AN0 A15k ERVA7701V TO 0, Box //77 TD Saurlla~d, lVy 7/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com anInformation 310 wwww Center Drive, Riverhead, NY 11901 37Z7V'A-k7-~ yzE /NS.Cam. wsuffolkcountyny.gov/clerk Co. Name Title # a _ ~5( 8 Suffolk Count Recording & Endorsement Page This page forms part of the attached (7kA 17 d F AOLI62.f)FOgW7- /?16#/ S' AASEyDCArf -made by: (SPECIFY TYPE OF INSTRUMENT) AC#}.el YY/Yl , The premises herein is situated in • - SUFFOLK COUNTY, NEW YORK. TO In the TOWN of 76U)7bQj_j) J TOG)nJ c~d tC`ThtiJ,CA In the VILLAGE /y1 or HAMLET of /v/A7-777Z?6/ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING u.oiaa..~oroaVk (overl FSEP)3 Stat ID: 257562 • Tax Maps district Secton Block Lot School District 1000 11200 0200 002000 MATTITUCK-CUTCHOGUE 1000 11200 0200 001002 • • GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of September, 2013 at Southold, New York. The parties are Macari Farms, LLC, with an address of 150 Bergen Avenue, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee") and the United States of America ("United States") by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service ("NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein, for the purpose of forever conserving the agricultural productivity of the Protected Property and its value for resource preservation and as open space. INTRODUCTION • WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-112-2-1 and 1000-112-2-2, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Protected Property" and shown on the survey prepared by John C. Ehlers Land Surveyor dated March 4, 2013 and last revised April 5, 2013 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Protected Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Protected Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation • easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation, has provided Seven Hundred Fifty Seven Thousand Three Hundred Seventeen and 00/100 DOLLARS ($757,317.00) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Protected Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Protected Property for agricultural production as defined in this Easement; and WHEREAS, the Protected Property is currently used as a goat farm, for a greenhouse, for composting in connection with farm operations, and a portion is wooded/fallow; and • WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Protected Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Protected Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Protected Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order • to restrict the further development of the Protected Property while permitting compatible uses thereof; 2 NOW THEREFORE, in consideration of ONE MILLION FIVE HUNDRED FOURTEEN THOUSAND SIX HUNDRED THIRTY-FOUR AND 00/100 DOLLARS ($1,514,634.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Protected Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Protected Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the Protected Property, and the exclusive right of occupancy and of use of the Protected Property, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Protected Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Protected Property described in Schedule "A", free of any mortgages or liens, as set forth in Stewart Title Insurance Company Title Report No. ST12-16140 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal • Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual 3 .y • rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 _ Purpose The parties recognize the environmental, natural, scenic, conservation and agricultural values of the Protected Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Protected Property. This instrument is intended to convey a Development Rights Easement on the Protected Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, conservation and natural values by preventing the use or development of the Protected Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Protected Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Protected Property's natural, scenic, conservation, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Protected Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Protected Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Protected Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated March 4, 2013, last revised April 5, 2013, • prepared by John C. Ehlers Land Surveyor and a Phase 1 4 Environmental Site Assessment prepared by Nelson, Pope and Voorhis, LLC dated December 26, 2012. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Protected Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Protected Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as Chapter 70 may be amended and including the production of crops, livestock and livestock products as presently defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those 5 crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Protected Property" shall mean the property subject to this Easement, consisting of part of SCTM# 1000-112-2-1 and 1000-112- 2-2, more fully described in the Schedule "A" attached hereto and made a part hereof and shown on the survey prepared by John C. Ehlers Land Surveyor dated March 4, 2013 and last revised April 5, 2013 (a reduced copy of which is attached hereto and made a part hereof). "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Protected Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Protected Property in perpetuity. 1.04 Effect This Easement shall run with the Protected Property as an incorporeal interest in the Protected Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to 6 administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION FIVE HUNDRED FOURTEEN THOUSAND SIX HUNDRED THIRTY-FOUR AND 00/100 DOLLARS ($1,514,634.00) good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. • ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Protected Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and Section 1.02 and Section 4.06 of this Easement. _3..02 Excavation _and_Removal _of,Materials; , Mining. Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Protected Property be changed except in connection with the 7 construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Protected Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Protected Property prior to the removal of topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an NRSC farm management plan shall not be prohibited. 3.03 Subdivision The subdivision of the Protected Property is prohibited. Although • the legal description of the Protected Property describes more than one parcel of land that can be conveyed separately, Grantor hereby covenants and agrees the Protected Property shall be held, in fee, as an undivided tract of land in perpetuity, and any and all subsequent conveyances of the Protected Property, regardless of the number of underlying individual parcels encumbered by this Conservation Easement, shall be conveyed as a single tract of land. This limitation on subdivision shall be binding upon Grantor, Grantor's successors, heirs and assigns. The legal or de facto division, subdivision, platting, partitioning or planned unit development of the Protected Property is prohibited. This restriction does not prohibit boundary line adjustments with adjoining agricultural land, provided that such boundary line adjustments do not result in any loss of acreage to the Protected Property, and that no new parcel may be created by such boundary line adjustments. The provisions of this section 3.03 are subject to a further Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 3_04 Dumping • The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or 8 -7, chemical waste on the Protected Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Protected Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Protected Property and only for any of the following purposes: (a) to state the name of the Protected Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Protected Property or any portion thereof for sale or rent, (c) to post the Protected Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. • 3.06 Utilities The granting of easements for utilities and installation of new utilities (power lines, gas lines, sewer lines, water lines, telecommunications towers, and wind farms) is prohibited as an encumbrance on the protected property rights of the United States. Notwithstanding that prohibition, grantor may grant easements for the installation of utilities necessary for permitted uses of the protected property, including without limitation the wind turbine and associated utility lines described below, provided that such installation is consistent with the purposes of this conservation easement and is done in such a manner as to minimize to the greatest extent possible impact on soils. Existing utilities may be replaced or repaired at their current location. The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Protected Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the • Protected Property. The Protected Property may not be used for the 9 creation or placement of utilities to service any other properties, except as provided below. Grantor shall also have the right to erect a wind turbine on the Protected Property, subject to all applicable Town and other governmental laws and regulations, including approval by the Land Preservation Committee. Energy generated from such wind turbine, if approved, may be used to service the Protected Property, the Reserve Area, and adjacent properties to the south and east, including SCTM #1000-120-5-1, 1000-121-1-1.3, and 1000-121-1-1.6, and provided the use is related to agricultural production, including without limitation, greenhouse, agricultural storage and maintenance buildings, wine storage and winery. 3.07 Impervious Surfaces Impervious surfaces are defined to include permitted residential buildings, agricultural buildings (with or without flooring), and paved areas on the Protected Property (but not including public or country • roads or other roads paved by easement holders who have rights that may be superior to the rights conveyed to Grantee by this Grant of Development Rights Easement) may not exceed eight percent (8%) of the total Protected Property acreage. 3.08,_Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Protected Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301 (2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code • now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to 10 farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Protected Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Protected Property. 3.09 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. • 3.10 Conservation Plan All agricultural operations on the Protected Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP, will assure that selected conservation practice alternatives will prevent sheet and rill erosion from exceeding the current published soil loss tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.11 Conservation Compliance Provisions of the Conservation Plan As required by Section 12381 of the Food Security Act of 1985, • as amended, the Grantor, its heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a 11 manner consistent with a conservation plan (the "Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Protected Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate • legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. Grantor shall be liable for any costs incurred by NRCS as a result of the Grantor's negligence or failure to comply with the conservation easement requirements as it relates to conservation plan violations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3,12 _Drainage • The use of the Protected Property for a leaching or sewage disposal field shall be prohibited. The use of the Protected Property for 12 a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan and in order to control flooding or soil erosion on the Protected Property. 3.13 Development Rights The use of the acreage of this Protected Property for purposes of calculating lot yield on any other Protected Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Protected Property) on the Protected Property, except for the right to use the Protected Property for agricultural production as set forth in Article Four below and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. • 3.14 Roads Existing roads, as identified in the Baseline Documentation Report may be maintained and repaired in their current state. New roads may be constructed only if they are necessary for agricultural operations on the Protected Property. Paved roads are subject to the impervious limitation in section 3.07. 3.15 Fences Existing fences may be repaired and replaced and few fences built on the Protected Property as necessary for agricultural operations on the Protected Property, including customary management of livestock and to delineate the boundary of the Protected Property, subject to applicable provisions of the Town Code. 3.16 Motorized Vehicle Use Grantor may not use motor vehicles on the Protected Property or grant permission for such use except as necessary in the accomplishment of the agricultural, forestry, habitat management, law . enforcement and public safety, or other permitted uses of the Protected Property, provided that no use of motorized vehicles may 13 create impacts that are detrimental to the productivity of the soils on the Protected Property and the purposes of this Conservation Easement; however, notwithstanding the foregoing, use of snowmobiles on snow is allowed on the Protected Property. 3.17 Industrial _or Commercial Uses The establishment of any commercial or industrial facilities is prohibited (other than those necessary in the operation or uses of the Protected Property expressly permitted by this Conservation Easement Deed) including but not limited to, commercial feed lot, any retail sales or service business, restaurant, night club, campground, trailer park, motel, hotel, commercial recreation facility, gas station, retail outlet, or facility for the manufacture or distribution of any product, other than products to be grown or produced on the Protected Property in connection with the purposes expressly permitted in this Conservation Easement Deed. ARTICLE FOUR GRANTOR'S RIGHTS 4101__ Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Protected Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Protected Property. 4.03 Use Grantor shall have the right to use the Protected Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Protected Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. 14 Grantor shall also have the right to use the Protected Property for composting, with use of the compost product limited to farm operations owned and operated by Joseph T. Macari, Sr., Joseph T. Macari, Jr., either of their spouses or children, or entities of which any such persons hold a majority interest, or is a current or contingent beneficiary, or a Grantor Trust created by any of them for benefit of any such persons, or other successors who have the same relationship and use all such properties as a related agricultural operation. Grantor shall also have the right to use the Protected Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for sale or for other commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaoing Activities • Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Protected Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to clear wooded areas for agricultural production in accordance with the Town Code, to thin and prune trees to maintain or improve the appearance of the Protected Property, and to mow the Protected Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code • shall preclude a use that is permitted under the current law and/or Code. 15 Grantor may offer "U-Pick" operations and/or the use of a corn or other crop maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited, except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other conservation instrument, including but not limited to farmstands. 4.0.6_Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the • Protected Property, as may be permitted by the Town Code, now or as may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Protected Property and agricultural operations on adjacent properties; (ii) Construction of new structures, including a wind turbine, provided such structures are necessary for or accessory to agricultural production; Lot coverage with impervious surfaces shall be limited to 8% of the area of the Protected Property; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; • 16 (iv) Any improvement excluded from the definition of "structure" in Section 1.02. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any • existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Protected Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Protected Property, including the full name and mailing address of • any transferee, and, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such conveyance 17 shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Protected Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS • 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Protected Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Protected Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Protected Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless • such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 18 Grantor shall indemnify and hold harmless Grantee and the United States, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws, as defined below. 5.02A Environmental Warrantv "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, • statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Grantor 19 further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials on, at, beneath or from the Protected Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. • 5.03 Grounds Maintenance Requirement If Grantor leaves the Protected Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee, including the Land Preservation Committee, to maintain or restore the Protected Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic, conservation and agricultural values of the Protected Property. This shall not include restoration of trees on formerly wooded areas which were cleared for agricultural production. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. • 20 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Protected Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Protected Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld, and not more frequently than annually without Grantor's consent. Representatives of the United States Department of Agriculture shall also have the right to enter the Protected Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Protected • Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Protected Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.03, Grantee shall have the right to require the Grantor to restore the Protected Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Protected Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather, disease, animal or pest action, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Protected Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee • hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's 21 part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days' written notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Protected Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Protected Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in the Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. • 22 Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold, or its successors or assigns, fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 23 6.06 Extinguishment of Easement/Condemnation The interest of the United States in this Easement is a vested property right that cannot be condemned by State or local governments and may not be extinguished, terminated or condemned without the express written consent of the United States. No proceeding to extinguish, terminate or condemn this Easement in whole or in part shall be commenced without advance notice to NRCS and the express written consent of the United States. At the mutual request of Grantor and Grantee and the United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Protected Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Protected Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Protected Property or any portion thereof shall • be taken or condemned by eminent domain, then this Easement shall terminate with respect to the Protected Property, or portions thereof so taken or condemned, and the Protected Property shall not be subject to the limitations and restrictions of this Easement. In such event, NRCS will collect Commodity Credit Corporation's share of the conservation easement based on the appraised fair market value of the conservation easement at the time the easement is extinguished, terminated or condemned. The Commodity Credit Corporation's share will be in proportion to its percentage of original investment. In the event of a condemnation action, approved and consented to by the United States, the Grantor, its successors or assigns, shall not be required to pay any penalties. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. • 24 7.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, with the written approval of the Secretary of the United States Department of Agriculture, provided however, that Grantee shall have no right or power to agree to any • amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 6.03 (Enforcement • Rights of Grantee) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at 25 H the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not • be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and consistent with the purposes of this • Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Protected Property shall not apply in 26 the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Protected Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Protected Property, or to use images of the Protected Property. Grantee may use images of the Protected Property only for non- commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this • Easement shall survive its execution. 7.09 Recordina Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee and the United States, which, for purposes of calculating proceeds from a sale or other disposition of the Protected Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Protected Property unencumbered by this Easement (the "Proportionate Share"). If this Conservation is Easement is extinguished, terminated, or condemned, in whole or in part, then the Grantor must reimburse the Grantee an amount equal 27 f • to the greater of 1) the Proportionate Share of the fair market value of the Protected Property unencumbered by this Conservation Easement at the time of conveyance or 2) the value of the conservation easement based on the appraised fair market value of the conservation easement at the time the easement is extinguished or terminated. However, NRCS will collect the Commodity Credit Corporation's share of the conservation easement based on the appraised fair market value of the conservation easement at the time the easement is extinguished or terminated. The Commodity Credit Corporation's share will be in proportion to its percentage of original investment. 7.12 Merger In the event that the Grantee(s) or the United States takes legal title to Grantor's interest in the Protected Property, the Grantee must commit the monitoring and enforcement of the Conservation Easement to another qualified organization within the meaning of Section • 107(h)(3) of the United States Internal Revenue Code (1986), as amended, which organization has among its purposes the conservation and preservation of land and water areas. 7.13 Subsequent Liens on Protected Property No provision of this Conservation Easement should be construed as prohibiting the ability of Grantor to use the Protected Property as collateral for a subsequent borrowing. Any subsequent liens on the Protected Property must be subordinate to this Conservation Easement. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: MACARI FARMS, LLC, Grantor BERGEN ROPD CORE ER TRUST, Member _J` • 3' J SEPH T. MAC9~ , JR., Co-Trustee 28 BY: DIANE MACARI, Co-Trustee ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUT LD, Grantee BY: SCOTT A. RUSSELL, SUPERVISOR Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States • Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on behalf of the United States of America. Authorized Signatory for the NRCS Dennis A. DeWeese, Acting State Conservationist STATE OF NEW YORK ) COUNTY OF pNaiv~,~ a-/SS: On this day of September in the year 2013 before me, the undersigned, personally appeared Dennis A. DeWeese, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. KIMBERLEY A. STINSON .4 o ar xl- e ~~'4 Notary Public Pu No. 01ST5089252 29 County of Madison, State of N.Y. Commission Expires: December 8, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On the M-01 day of September in the year 2013 before me, the undersigned, personally appeared Joseph T. Macari, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature/office of individual taking acknowledgement PATRICIA L. FALLON STATE OF NEW YORK ) Notary Public, state Of New York No. CIFA4950146 COUNTY OF SUFFOLK ) SS: oua'ifisd In -Suffolk County Commission Expires April 24, CU I's • On the day of September in the year 2013 before me, the undersigned, personally appeared Diane Macari, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State of hewYork STATE OF NEW YORK) No. C1FA4r350146 COUNTY OF SUFFOLK) SS: ouaiifiad in ssfto k County Commission Expires April 24, old LS On this 16q-day of September 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 whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Is ~ " . F` X~~? PATRICA L. FA.LLON k Notary Public P!otarv. Pubiic, St.,te Of New Yor rya, r ,~,0146 kCounty 30 cum nssion Expires April 24, 07e IS .stewQ/ rt V NEW YORK METRO 800-II53-4803 212-922-1593 tax title insurance company stewartnewyork.com SCHEDULE A - DESCRIPTION Title No.: ST12-16140 AMENDED 9/9/2013 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00 seconds East 1,492.24 feet to lands now or formerly of Pindar Associates; THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold, South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; THENCE along said land the following two (2) courses and distances: • South 75 degrees 24 minutes 50 seconds West 824.90 feet; South 72 degrees 31 minutes 40 seconds West, 274.45 feet to the Reserve Area; THENCE North 17 degrees 28 minutes 20 seconds West, 217.00 feet; THENCE South 72 degrees 31 minutes 40 seconds West, 408.62 feet to the easterly side of Bergen Avenue; THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West 490.07 feet to the corner aforesaid at the point or place of BEGINNING. PARCEL I - 1000-112.00-02.00-001.000 - For information only - not to be insured ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00 seconds East 670.24 feet; THENCE South 21 degrees 03 minutes 50 seconds East 777.54 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; 1 THENCE along said land, South 72 degrees 31 minutes 40 seconds West 668.78 feet to the easterly side of Bergen Avenue, THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West 707.54 feet to the corner aforesaid at the point or place of BEGINNING, excepting Reserve Area described below. PARCEL II -1000-112.00-02.00-002.000 - For information null - not to be insured ALL that certain plot, piece m parcel of land, situate, lying and being at Mattituck, , Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Bergen Avenue distant 670.24 feet easterly from the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 66 degrees 32 minutes 00 seconds East along the southerly side of Bergen Avenue 822.00 feet to lands now or formerly of Pindar Associates; THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold, South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; • THENCE along said land South 75 degrees 24 minutes 50 seconds West 824.90 feet; THENCE North 21 degrees 03 minutes 30 seconds West 777.54 feet to the southerly side of Bergen Avenue, at the point or place of BEGINNING. RESERVE AREA - For information only - not to be insured Development rights not conveyed. Excluded from Protected Property. ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck,, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Bergen Avenue distant 490.07 feet southerly from the comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 72 degrees 31 minutes 40 seconds East 408.62 feet; THENCE South 17 degrees 28 minutes 20 seconds East, 217.00 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; THENCE along said land South 72 degrees 31 minutes 40 seconds West, 394.33 feet to the easterly side of Bergen Avenue; THENCE along said street North 21 degrees 14 minutes 20 seconds West, 217.47 feet to the point or place of BEGINNING. 2 Vi®%YIN 7.•lt •SA 1~61flm'11 ]8Y99 r ¢O_A_"_anlWtv-i gHa M D XHOI Cv ux2in CGrcVm ri 1 \ F Wr _ - w / ey rye. 1 Y a~ i~~~ ?n Y r N'~~' ~v¢OHao ~ ul',~ilnm x N QldlilMX' ~'J(ill1J.YY1 rss 111.4?.-3L7N.-S A~ T • I T L E P O L I • C Y • ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY L~stewart title insurance company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: tnsunq ~oPPOpgfM gr 1987 a;• Y 1 ~i,fW YpP: President Stewart Title Insurance Company New York, New York Secretary Part 1 of Policy Serial No. 0-8911-620992 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-433-0014. 0 you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at hitpl/www StewartNewYork com File No.: ST12-16140 COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (i) to be timely, or (a) as a result of the avoidance in whole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company, not recorded in the Public Records at and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy, but Known to the Insured claimant and not disclosed expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy; those relating to building and zoning) restricting, regulating, prohibiting, or (c) resulting in no loss or damage to the Insured claimant; relating to (d) attaching or created subsequent to Date of Policy (however, this (i) the occupancy, use, or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk (ii) the character, dimensions, or location of any improvement 9 and 10); or erected on the Land; (e) resulting in loss or damage that would not have been sustained if (iii) the subdivision of land; or the Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency, or similar creditors' rights laws, that the transaction vesting regulations. This Exclusion 1(a) does not modify or limit the coverage provided the Title as shown in Schedule A. is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or (b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of modify or limit the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy 3. Defects, liens, encumbrances, adverse claims, or other matters and the date of recording of the deed or other instrument of transfer in the (a) created, suffered, assumed, or agreed to by the Insured Claimant; Public Records that vests Title as shown in Schedule A. • CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes. (a) "Amount of Insurance": The amount stated in Schedule A, as (ii) With regard to (A), (8), (C), and (D) reserving, however, all may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company increased by Section 8(b), or decreased by Sections 10 and 11 would have had against any predecessor Insured. of these Conditions. (e) "Insured Claimant": An Insured claiming loss or damage. (b) "Date of Policy": The date designated as "Date of Policy" in (f) "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart company, or other similar legal entity, constructive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed (i) The term "Insured" also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land" does not include any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, title, interest, devisees, survivors, personal representatives, or estate, or easement in abutting streets, roads, avenues, alleys, next of kin; lanes, ways, or waterways, but this does not modify or limit the (8) successors to an Insured by dissolution, merger, extent that a right of access to and from the Land is insured by consolidation, distribution, or reorganization; this policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of Entity; security instrument, including one evidenced by electronic (D) a grantee of an Insured under a deed delivered means authorized by law. without payment of actual valuable consideration (i) "Public Records": Records established under state statutes at conveying the Title Date of Policy for the purpose of imparting constructive notice of (1) if the stock, shares, memberships, or other equity matters relating to real property to purchasers for value and interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d), "Public named Insured, Records" shall also include environmental protection liens filed (2) if the grantee wholly owns the named Insured, in the records of the clerk of the United States District Court for (3) if the grantee is wholly-owned by an affiliated the district where the Land is located. Entity of the named Insured, provided the affiliated 0) "Title": The estate or interest described in Schedule A. Entity and the named Insured are both wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent by the same person or Entity, or matter that would permit a prospective purchaser or lessee of (4) if the grantee is a trustee or beneficiary of a trust the Title or lender on the Title to be released from the obligation • created by a written instrument established by the to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. Page 2 Serial No.: 0-8911-620992 File No.: STI2-16140 CONDITIONS (Continued) 2 CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or • The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful in favor of an Insured, but only so long as the Insured retains an act that in the opinion of the Company may be necessary or estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If purchase money Mortgage given by a purchaser from the Insured, or the Company is prejudiced by the failure of the Insured to only so long as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any (i) an estate or interest in the Land, or (ii) an obligation secured by a litigation, with regard to the matter or matters requiring such purchase money Mortgage given to the Insured. cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing (i) in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places case knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the title or interest that is adverse to the Title, as insured, and that might Company, all records, in whatever medium maintained, cause loss or damage for which the Company may be liable by virtue including books, ledgers, checks, memoranda, correspondence, of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to Insured Claimant to provide prompt notice, the Company's liability to the loss or damage. Further, if requested by any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company, the Insured Claimant shall grant of the prejudice. its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records 4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss to the loss or damage. All information designated as or damage, the Company may, at its option, require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Claimant furnish a signed proof of loss. pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgment of the Company, it is necessary in other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant of loss or damage and shall state, to the extent possible, the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information, or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, (a) Upon written request by the Insured, and subject to the options shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions, the Company, at its to that claim. • own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is limited to only those stated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company following additional options: shall have the right to select counsel of its choice (subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause) to represent or tender payment of the Amount of Insurance under this policy the Insured as to those stated causes of action. It shall not be together with any costs, attorneys' fees, and expenses incurred liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company Company will not pay any fees, costs, or expenses incurred by up to the time of payment or tender of payment and that the the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured damage to the Insured. The Company may take any or With the Insured Claimant appropriate action under the terms of this policy, whether or not (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the subsection, it must do so diligently. Insured Claimant that were authorized by the Company up (c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company is obligated as required or permitted by this policy, the Company may to pay; or pursue the litigation to a final determination by a court of (ii) To pay or otherwise settle with the Insured Claimant the competent jurisdiction, and it expressly reserves the right, in its loss or damage provided for under this policy, together sole discretion, to appeal any adverse judgment or order. with any costs, attorneys' tees, and expenses incurred by the Insured Claimant that were authorized by the Company 6. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permits or requires the Company obligated to pay. to prosecute or provide for the defense of any action or Upon the exercise by the Company of either of the options proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss action or proceeding, including the right to use, at its option, the or damage, other than the payments required to be made, shall name of the Insured for this purpose. Whenever requested by terminate, including any liability or obligation to defend, the Company, the Insured, at the Company's expense, shall prosecute, or continue any litigation. give the Company all reasonable aid (i) in securing evidence, I Pa e 3 Serial No.: 0-8911-620992 File No.: ST12-16140 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. It a payment on account of a claim does This policy is a contract of indemnity against actual monetary loss or not fully cover the loss of the Insured Claimant, the Company damage sustained or incurred by the Insured Claimant who has shall defer the exercise of its right to recover until after the suffered loss or damage by reason of matters insured against by this Insured Claimant shall have recovered its loss. policy. (b) The Company's right of subrogation includes the rights of the (a) The extent of liability of the Company for loss or damage under Insured to indemnities, guaranties, other policies of insurance, this policy shall not exceed the lesser of or bonds, notwithstanding any terms or conditions contained in (i) the Amount of Insurance; or those instruments that address subrogation rights. (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured 14. ARBITRATION against by this policy. Either the Company or the Insured may demand that the claim or (b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title Conditions and is unsuccessful in establishing the Title, as Insurance Arbitration Rules of the American Land Title Association insured, ("Rules"). Except as provided in the Rules, there shall be no joinder (i) the Amount of Insurance shall be increased by 10%, and or consolidation with claims or controversies of other persons. (ii) the Insured Claimant shall have the right to have the loss Arbitrable matters may include, but are not limited to, any controversy or damage determined either as of the date the claim was or claim between the Company and the Insured arising out of or made by the Insured Claimant or as of the date it is settled relating to this policy, any service in connection with its issuance or and paid. the breach of a policy provision, or to any other controversy or claim (c) In addition to the extent of liability under (a) and (b), the arising out of the transaction giving rise to this policy. All arbitrable Company will also pay those costs, attorneys' fees, and matters when the Amount of Insurance is $2,000,000 or less shall be expenses incurred in accordance with Sections 5 and 7 of these arbitrated at the option of either the Company or the Insured. All Conditions. arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the 9. LIMITATION OF LIABILITY Company and the Insured. Arbitration pursuant to this policy and (a) If the Company establishes the Title, or removes the alleged under the Rules shall be binding upon the parties. Judgment upon defect, lien, or encumbrance, or cures the lack of a right of the award rendered by the Arbitrator(s) may be entered in any court access to or from the Land, or cures the claim of Unmarketable of competent jurisdiction. Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE shall have fully performed its obligations with respect to that CONTRACT matter and shall not be liable for any loss or damage caused to (a) This policy together with all endorsements, if any, attached to it the Insured. by the Company is the entire policy and contract between the (b) In the event of any litigation, including litigation by the Insured and the Company. In interpreting any provision of this Company or with the Companys consent, the Company shall policy, this policy shall be construed as a whole. have no liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction, and Title or by any action asserting such claim shall be restricted to • disposition of all appeals, adverse to the Title, as insured. this policy. (c) The Company shall not be liable for loss or damage to the (c) Any amendment of or endorsement to this policy must be in Insured for liability voluntarily assumed by the Insured in settling writing and authenticated by an authorized person, or expressly any claim or suit without the prior written consent of the incorporated by Schedule A of this policy. Company- (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF provisions. Except as the endorsement expressly states, it LIABILITY does not (i) modify any of the terms and provisions of the policy, All payments under this policy, except payments made for costs, (ii) modify any prior endorsement, (iii) extend the Date of Policy, attorneys' fees, and expenses, shall reduce the Amount of Insurance or (iv) increase the Amount of Insurance. by the amount of the payment. 16. SEVERABILITY 11. LIABILITY NONCUMULATIVE In the event any provision of this policy, in whole or in part, is held The Amount of Insurance shall be reduced by any amount the invalid or unenforceable under applicable law, the policy shall be Company pays under any policy insuring a Mortgage to which deemed not to include that provision or such part held to be invalid, exception is taken in Schedule R or to which the Insured has agreed, but all other provisions shall remain in full force and effect- assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the 17. CHOICE OF LAW; FORUM amount so paid shall be deemed a payment to the Insured under this (a) Choice of Law: The Insured acknowledges the Company has policy. underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting 12. PAYMENT OF LOSS interests in real property and applicable to the interpretation, When liability and the extent of loss or damage have been definitely rights, remedies, or enforcement of policies of title insurance of fixed in accordance with these Conditions, the payment shall be the jurisdiction where the Land is located. made within 30 days. Therefore, the court or an arbitrator shall apply the law of the v jurisdiction where the Land is located to determine the validity of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to (a) Whenever the Company shall have settled and paid a claim interpret and enforce the terms of this policy. In neither case under this policy, it shall be subrogated and entitled to the rights shall the court or arbitrator apply its conflicts of law principles to of the Insured Claimant in the Title and all other rights and determine the applicable law. remedies in respect to the claim that the Insured Claimant has (c) Choice of Forum: Any litigation or other proceeding brought by against any person or property, to the extent of the amount of the Insured against the Company must be filed only in a state or any loss, costs, attorneys' fees, and expenses paid by the federal court within the United States of America or its territories Company. If requested by the Company, the Insured Claimant having appropriate jurisdiction. shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant 18. NOTICES, WHERE SENT • shall permit the Company to sue, compromise, or settle in the Any notice of claim and any other notice or statement in writing required to name of the Insured Claimant and to use the name of the be given to the Company under this policy must be given to the Company at Insured Claimant in any transaction or litigation involving these Claims Department at 300 East 42n° St, 10" Roor, New York, NY 10017. Pa e 4 Serial No.: 0-8911-620992 File No.: ST12-16140 ALTA OWNER'S POLICY (6/17/06) • SCHEDULE A File No.: ST12-16140 Policy No.: 0-8911-620992 Amount of $1,514,634.00 Insurance: Date of September 10, 2013 Policy: 1. Nance of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Easement 3. Title is vested in: GRANT OF DEVELOPMENT RIGHTS EASEMENT by and between Town of Southold and Macari Farms, LLC dated 9/10/2013 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Section: 112.00 Block: 02.00 Lot: p/o 001. Section: 112.00 Block: 02.00 Lot: 002.000 • N<< ® NEW YORK METRO stewart N.` 800.853-4803 • 272-922-7593 fax title insurance company stewartnewyork.com SCHEDULE A - DESCRIPTION Title No.: ST12-16140 AMENDED 9/9/2013 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00 seconds East 1,492.24 feet to lands now or formerly of Pindar Associates; THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold, South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; THENCE along said land the following two (2) courses and distances: • South 75 degrees 24 minutes 50 seconds West 824.90 feet; South 72 degrees 31 minutes 40 seconds West, 274.45 feet to the Reserve Area; THENCE North 17 degrees 28 minutes 20 seconds West, 217.00 feet; THENCE South 72 degrees 31 minutes 40 seconds West, 408.62 feet to the easterly side of Bergen Avenue; THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West 490.07 feet to the corner aforesaid at the point or place of BEGINNING. PARCEL 1- 1000-112.00-02.00-001.000 - For information only - not to be insured ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00 seconds East 670.24 feet; • THENCE South 21 degrees 03 minutes 50 seconds East 777.54 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; 1 THENCE along said land, South 72 degrees 31 minutes 40 seconds West 668.78 feet to the easterly side of Bergen Avenue; THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West 707.54 feet to the corner aforesaid at the point or place of BEGINNING, excepting Reserve Area described below. PARCEL II -1000-112.00-02.00-002.000 - For information only - not to be insured ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, , Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Bergen Avenue distant 670.24 feet easterly from the comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 66 degrees 32 minutes 00 seconds East along the southerly side of Bergen Avenue 822.00 feet to lands now or formerly of Pindar Associates; THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold, South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; . THENCE along said land South 75 degrees 24 minutes 50 seconds West 824.90 feet; THENCE North 21 degrees 03 minutes 30 seconds West 777.54 feet to the southerly side of Bergen Avenue, at the point or place of BEGINNING. RESERVE AREA - For information only - not to be insured Development rights not conveyed. Excluded from Protected Property. ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, , Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Bergen Avenue distant 490.07 feet southerly from the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 72 degrees 31 minutes 40 seconds East 408.62 feet; THENCE South 17 degrees 28 minutes 20 seconds East, 217.00 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; THENCE along said land South 72 degrees 31 minutes 40 seconds West, 394.33 feet to the easterly side of Bergen Avenue; THENCE along said street North 21 degrees 14 minutes 20 seconds West, 217.47 feet to the point or • place of BEGINNING. 2 ALTA OWNER'S POLICY (6/17/06) • SCHEDULE B PARTI File No.: ST12.16140 Policy No.: 0-8911-620992 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Utility Company Easement in Fiber 2244 page 228. 2. Survey Exceptions as shown on survey made by John C. Ehlers Land Surveyor, last dated 4/5/2013 (Job No. 12/12- 177). (a) Northerly line: Gated fence located on record line; (b) Easterly line: Fencing located on record line; (c) Southerly line: No variations; (d) Westerly line: Gated fencing up to 6.6 feet east of part of record line- 3. Policy excepts the terms and conditions of the Grant of Development Rights Easement by and between Town of Southold and Macari Farms, LLC dated 9/10/2013 and to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. Terms and conditions of Declaration of Covenants and Restrictions by and between Town of Southold and Macari Farms, LLC dated 9/10/2013 and to be duly recorded in the Suffolk County Clerk's/Registers Office. • 5. Rights of tenants or parties in possession, if any. i STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST12-16140 Date of Issue: September 10, 2013 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-620992 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. his 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. DATED: September 10, 2013 STEWART TITLE INSURANCE COMPANY Countersigned By: SWfy~n- o ~ a 1987 3 e a~lyFw~~t' President Authorized Office or Agent Secretary tewart Title Insurance Company 300 East 42nd St., 10th FI New York, New York 10017 STANDARD NEW YORK ENDORSEMENT (7/01/12) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) C ~ O V E N A N T S ~ R E S T R I C T I O N * S I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII Iill IIII I IIIIII VIII iilll IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/23/2013 Number of Pages: 7 At: 10:48:08 AM Receipt Number : 13-0120140 LIBER: D00012745 PAGE: 449 District: Section: Block: Lot: 1000 112.00 02.00 002.000 EXAMINED AND CHARGED AS FOLLOWS ~eceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $8.75 NO RPT $120.00 NO Fees Paid $203.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • F0 Number of pages rE1 Dr,[_rt s i v. ? Hi9 This document will be public r"-``=°K OF record. Please remove all suFFOO C.nL-'f1Tv L Dup012745 Social Security Numbers 44a prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recofding / Filing Stamps 3 FEES Page / Filing Fee ) Mortgage Amt. _ Handling 20. 00 1. Basic Tax TP-584 2. Additional Tax - - Sub Total _ Notation SpecJAssit. EA-52 17 (County) Sub Total or , ~ - Spec. /Add. EA-5217 (State) TOT. MTG. TAX _ R.P.T.S.A. Dual Town _ Dual County- Comm. of Ed. 5. 00 Held for Appointment ern Transfer Tax _ Affidavit Mansion Tax _ Certified Co The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total L `3 family dwelling only. Other YES or NO Grand Total G~ U 3 7 5 If NO, see appropriate tax clause on • page # of this instrument. 4 Dist. Ion 2575626 Z-.Qv 'N a 10 5 Community Preservation Fund Real Property Tax Service RPTPOLSA IIIIIIII~IIHIIIInIYIII~IIII~I~lllnl Consideration Amount $ - I' u INII Agency (20SEP-13 Verification CPF Tax Due $ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD & RETURN TO: m,E-Uy viE 6M~+0S e,, n Vacant Land ~W.v OC cSeu7b'vm rxrV6X- 4410 Ak ZZx 19710n1 TD R 0 . Box 79 xS64(77YV"~ )V y //97~ TD TO Mall to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 www.suff0lkcountyny.90v/clerk CQ- n `y7Z2'*?e7- ~77r7-,5-- Title # 2 _ / 8 Suffolk Count Rt^~ecordin & Endorsement Page This page forms part of the attached .t(LR.PA77r14 n F CD La iA,trrs A en ~r5 crJO,uc (SPECIFY TYPE OF INSTRUMENT) made by: The premises herein is situated in SUFFOLK COUNTY, NEW YORK. • TO In the TOWN of ..IA APkfAL/t ~~lnl r1G cr?K7 A In the VILLAGE _ or HAMLET of &4-77`7N6G ' BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. eza,a..iwaeex (over) PT S Doc ID: 13025834 R POL A 0-SEP-13 Tax Maps District Secton Block Lot School District Sub Division Name 1000 11200 0200 002000 1000 11200 0200 001002 ,p~ 4,01 ,WM n • i wgo STEWARTTRIE INSURANCE COMPANY • 707 Westchester Avenue, Suite 411 1NNte PWh*. NY 10004 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this AM( day of September, 2013, by MACARI FARMS, LLC, hereinafter referred to as the "DECLARANT"; as owner of the premises designated as part of SCTM #1000-112-2-1 (Parcel 1) and #1000-112-2-2 (Parcel 2) and shown on a survey prepared by John C. Ehlers Land Surveyor dated March 4, 2013 and last revised April 5, 2013, a reduced copy of which is attached hereto and made a part hereof, and a portion of which is designated as the " Reserve Area" and described in the metes and bounds description attached hereto as Schedule "A" and made a part hereof, hereinafter referred to as the "Reserve Area". WITNESSETH: fpc1566.Rq,AuL_,mj f~uclC nV iwsa WHEREAS, DECLARANT is the owner of certain real property situate at 950 and 1350 Bergen Avenue, Mattituck, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and . WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated September 10, 2013 for part of SCTM #1000- 112-2-1 and all of #1000-112-2-2; and SEE SC9U'OUL6 6 WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Reserve Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Reserved Area shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, • successors and assigns, to wit: i 1. Grantor shall not make an application for subdivision or for any other relief from the Town of Southold that would allow the subdivision of the Reserve Area from the area of Parcel 1 which is subject to the Development Rights Easement (the "Easement Area") unless the Reserve Area is merged with SCTM #1000-120-5-1; and 2. SCTM #1000-112-2-1 and SCTM #1000-112-2-2 (Parcel 1 and Parcel 2) may remain as two separate parcels on the Suffolk County tax map, and two single and separate parcels under the Town Zoning Code. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the • validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. • 2 • IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: MACARI FARMS, LLC By Bergen Road orner Trust, Member By. seph Macari, Jr., C T TI By: Diane Macari, Co-Trustee STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the /Dt- day of September in the year 2013 before me, the undersigned, personally appeared Joseph Macari, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in • their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. PATRICIA L. FALLON Notary Public Notary Public, State Of New York No. Ot FA4950146 Qualified In Suffolk County STATE OF NEWYORK) Commission Expires April 24, J41S SS.: COUNTY OF SUFFOLK) On the /0 -day of September in the year 2013 before me, the undersigned, personally appeared Diane Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that.such individuals made such appearance before the undersigned. COL PATRICIA L. FALLON • Notary Public Notary Public, State Of New York No. O1FA4950146 Qualified in Suffolk County Commission Expires April 24,,90/,s 3 SCHEDULE A RESERVE AREA ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, , Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Bergen Avenue distant 490.07 feet southerly from the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 72 degrees 31 minutes 40 seconds East 408.62 feet; THENCE South 17 degrees 28 minutes 20 seconds East, 217.00 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; • THENCE along said land South 72 degrees 31 minutes 40 seconds West, 394.33 feet to the easterly side of Bergen Avenue; THENCE along said street North 21 degrees 14 minutes 20 seconds West, 217.47 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY (6/17/06) SCHEDULE 6 DESCRIPTION • File No.: ST12-16140 Policy No.: 0-8911-620992 PARCEL I -1000-112.00-02.00-001.000 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00 seconds East 670.24 feet; THENCE South 21 degrees 03 minutes 50 seconds East 777.54 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; THENCE along said land, South 72 degrees 31 minutes 40 seconds West 274.45 feet to the Reserve Area; THENCE North 17 degrees 28 minutes 20 seconds West, 217.00 feet; THENCE South 72 degrees 31 minutes 40 seconds West, 408.62 feet to the easterly side of Bergen Avenue; THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West 490.07 feet to the • comer aforesaid at the point or place of BEGINNING. PARCEL II -1000-112.00-02.00-002.000 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, , Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Bergen Avenue distant 670.24 feet easterly from the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 66 degrees 32 minutes 00 seconds East along the southerly side of Bergen Avenue 822.00 feet to lands now or formerly of Pindar Associates; THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold, South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995; THENCE along said land South 75 degrees 24 minutes 50 seconds West 824.90 feet; THENCE North 21 degrees 03 minutes 30 seconds West 777.54 feet to the southerly side of Bergen Avenue, at the point or place of BEGINNING. 18~,pwlltx~ 0 iomap L1C GQRfY, w / N oso+-ago uca- w-osza3 W E vxrr vx.s ~ -0-1 8 ~ I min 9~ m~i~u~mo~xY ° ' a O E ~u \ d sue'`' \ ~A a Ileb.'IMS] 5F o 51~~9V M/6~ ^:^7 BR WEMS EtiB81f /IEA. IpMb]~301M a~qi IGF$ 6RAPHIG SOME I'=100' JOHN C. EFILERS LAND SURVEYOR 60/9fLAM Rfl~! NY$IJC}A.fmOl N • Y S A G M K ~ T S W A I V E R • MELISSA A. SPIRO QF so OFFICE LOCATION: LAND PRESERVATION COORDINATOR ryQ Town Hall Annex `O 54375 State Route 25 melissaspiro@townsouthold.ny.us r ~ (corner of Main Road & Youngs Avenue) ~I Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 24, 2013 Robert Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany, NY 12235 Re: MACARI FARMS. LLC to TOWN OF SOUTHOLD SCTM #1000-112.-2-p/ol and #1000-112.-2-2 Dear Mr. Somers: Enclosed please find "Waiver - NYS Department of Agriculture and Markets" for two separate parcels that were executed by Southold Town Supervisor Scott A. Russell and Joseph Macari, Jr. and Diane Macari, as Co-Trustees of Bergen Road Corner Trust for Macari Farms, LLC at a closing on a single recorded development rights easement encompassing farmland identified as SCTM #1000-112.-2-p/o1 and #1000-112.-2-2. Details regarding this easement are as follows: GRANTOR: Macari Farms, LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 9/23/2013 LIBER: D00012745 PAGE: 450 LOCATION: 950 & 1350 Bergen Avenue, Mattituck EASEMENT ACREAGE: 25.2439 acres SUFFOLK CO TAX MAP n/k/a 1000-112.00-02.00-001.002 and 1000-112.00-02.00-002.000 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. V ~ • ~cSS_ 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.a¢riculture.nv.gov November 21, 2013 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver - Suffolk County Agricultural District #1, Tax Map #1000-112-2-1 - 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: Joseph Macari, Jr. Trustee Diane Macari, Trustee Bergen Road Corner Trust 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. erely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RS:lad • Cc: Ken Schmitt, Suffolk County AFPB Chair MEMO- File: AP13/042-W DEC - 5 2013 DEPT.O LAND PRESERVATION • WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ± acres of active farmland and/or - acres of non-farmland, situated at Suffolk County Tax Map No. p/o 1000-112-2-1 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. • Project Sponsor Landowner TOWN OF SOUTHOLD MACARI FARMS LLC A '4 e OTT A. RUSSELL, upervisor B GEN RO D CO TRUST 53095 Route 25 OSEPH MACARI, J Trustee P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 By: BERGEN ROAD CORNER TRUST DIANE MACARI, Trustee STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the 12 day of 2013, before me personally appeared SCOTT A. RUSSELL, personally known to e or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; • that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the • municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 STATE OF NEW YORK) Qualified In Suffolk County )SS: Commission Expires April 24, .201,9 COUNTY OF SUFFOLK) On the 16 day of 2013, before me personally appeared JOSEPH MACARI, JR. personally kn win to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. ~Q~a >ar e t X i OQ'.C~~+ / Notary Public Notary Public, State Of New York No. 01 FA4950146 • STATE OF NEW YORK) Qualified In Suffolk County )SS: Commission Expires April 24, 'Z~/,f COUNTY OF SUFFOLK) On the 16 day of 2013, before me personally appeared DIANE MACARI personally known to me or pr vided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Ainrt i~Pa Notary Public PATRICIA L. FALLON Notary Public, State of New York No. O1FA4950146 Qualified in Suffolk County Commission Expires April 24, ad/S • 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.aYricutture.ny.r:ov November 21, 2013 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver - Suffolk County Agricultural District #1, Tax Map #1000-112-2-2 - 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: Joseph Macari, Jr. Trustee Diane Macari, Trustee Bergen Road Corner Trust 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. '-C' rely, R BERT OMERS, Ph Manager, Agricultural Protection Unit RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair MEMO- File: AP13/043-W DEC - 5 2013 DEPL OF LAND PRESERVATION . WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ±/,f 4Sacres of active farmland and/or - acres of non-farmland, situated at Suffolk County Tax Map No. 1000-112-2-2 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor Landowner TOWN OF OUTHOLD MACARI FARMS LLC SC TA. RUSSELL, Supervisor ISEPH GEN OAD CORNER TRUST 53095 Route 25 MACARI, Jr., Trustee P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 By: BERGEN ROAD CORNER TRUST DIANE MACARI, Trustee STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the Z day of 2013, before me personally appeared SCOTT A. RUSSELL, personally known t me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument • is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public c PATRICIA L. FALLON Notary Public, State Of New York No. D1FA4950146 STATE OF NEW YORK) Qualified In Suffolk County Commission Expires April 24, .1A/, )SS: COUNTY OF SUFFOLK) On the 16 day of 2013, before me personally appeared JOSEPH MACARI, JR. personally own to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON • Notary Public, State of New York No. 01FA4950146 STATE OF NEW YORK) oualified in Suffolk County ZD( j Commission Expires Aprii 24, )SS: COUNTY OF SUFFOLK) On the M day of 2013, before me personally appeared DIANE MACARI personally known to me o provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Amu 6 i PATRICIA L. FALLON Notary Public Notary Public, State of New York No. o1FA4950146 C2uaP.Seid In Suffolk County Commission Expires April 24, 'U I S • N • y S D E C R E ~ G I S T R Y • New York State Department of Environmental Conservation _ Division of Lands & Forests Bureau of Real Property, 5m Floor AM 1&25 Broadway, Albany, New York 12233-4256 hone: (518) 402-9442 • Fax: (518) 402-9028 144W Website: www.dec.nv.gov Joe Martens Commissioner September 30, 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 595 Grantor: Macari Farms, LLC Liber: D00012745 Page: 450 The conservation easement cited above has been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about this parcel, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, Carmen L. Story E C Epp V E D Bureau of Real Property OCT - 7 2013 • DEPT. O LAND PRESERVATION OFFICE LOCATION: MELISSA A. SPIRO a0F SOUTH, Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 • melissa.spiro@town.southold.ny.us (corner of Main Road & Youngs Avenue) Telephone (631) 765-5711 Southold, New York Facsimile (631) 765-6640 MAILING ADDRESS: U0 P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 24, 2013 NYSDEC Bureau of Real Property 625 Broadway, 5`s Floor Albany, NY' 12233-4256 Attention: Carmen L. Story Re: Conservation Easements Registry MACARI FARMS, LLC to TOWN OF SOUTHOLD Dear Ms. Story: • Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: Macari Farms, LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 9/23/2013 LIBER: D00012745 PAGE: 450 LOCATION: 950 & 1350 Bergen Avenue, Mattituck EASEMENT ACREAGE: 25.2439 acres SUFFOLK CO TAX MAP 1000-112.00-02.00-001.002 and 1000-112.00-02.00-002.000 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. is cc: Macari Farms, LLC Joseph Macari, Jr. & Diane Macari 150 Bergen Avenue Mattituck, NY 11952 OFFICE LOCATION: MELISSA A. SPIRO ~pF SOTown Hall Annex LAND PRESERVATION COORDINATOR ,~0~ Ol0 54375 Stale Route 25 • melissaspiro@townsonrhold.ny.us (corner of Main Road & Youngs Avenue) Telephone (631) 765-5711 co Q Southold, New York Facsimile (631) 765-6640 MAILING ADDRESS: ~~CQUrm,P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 8, 2013 Macari Farms, LLC Joseph Macari, Jr. & Diane Macari 150 Bergen Avenue Mattituck, NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suffolk 595 • Dear Landowners: Please be advised that the Town's purchase of a conservation easement on property located at 950 and 1350 Bergen Avenue in Mattituck has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your easement'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 595. Very truly yours, Melanie Doro 1 Sr. Administrative Assistant enclosure P ~ R O P E R T Y R ~ E C O R D S • MACARI FARMS, LLC to TOWN OF SOUTHOLD SCTM #1000-112.-2-1.2 (9.3962 acres) SCTM #1000-112.-2-2 (15.8477 acres) Total Development Rights Easement = 25.2439 acres Total Parcels Acreage = 27.2439 acres Reserve Area = 2.0 acres Location: 950 & 1350 Bergen Avenue, Mattituck Closing took place on Tuesday, September 10, 2013 Jose h Macari, Jr. and Diane Macari r "rim ~ Awe°~r¦ ~lrWkr~*+~ 9400 4 _ f i.; 7 • SVFFQ(jt OFFICE LOCATION: MELISSA A. SPIRO Q COGy~ Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 • melissa.spiroAtown.southold.ny.us O (comer of Main Rd & Youngs Ave) y T Southold, New York Telephone (631) 765-5711 v. Facsimile(631) 765-6640 • MAILING ADDRESS: 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 Dept. of Public Works Peconic Land Trust, Inc. Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: September 12, 2013 Re: MACARI FARMS. LLC to TOWN OF SOUTHOLD SCTM #1000-112: 2-p/o1 and #1000-112.-2-2 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 additional information regarding the purchase, please feel free to contact me. LOCATION: 950 & 1350 Bergen Avenue, Mattituck SCTM 1000-112.-2-p/o1 (Parcel 1) and 1000-112.-2-2 (Parcel 2) PROPERTY OWNER: Macari Farms, LLC CONTRACT DATE: December 7, 2012 PURCHASE DATE: September 10, 2013 PURCHASE PRICE: $1,514,634 ($60,000/buildable acre based on 25.2439 buildable acres) EASEMENT ACREAGE: 25.2439 acres PARCELS TOTAL ACREAGE: 27.2439 acres (Parcel 1 = 11.3962 acres / Parcel 2 = 15.8477 acres) RESERVE AREA: 2.0 acres (part of Parcel 1) FUNDING: 2% Community Preservation Funds • GRANT AWARD: $756,317.00 USDA-NRCS awarded federal grant (reimbursement) T S ~+V I , I I B I u 1 • ` I ~ O e I I ]1 I Z8~ rOR ML NO. 11241 NO. 1.] I nzatam - +9e 1925 57A I I 192! tlM • (pnN+~]9V9GIY ' LLHiY9HI~M+IRy 192/ 2M I C. 1~~c\ Vb~ JI". fOR PIX.NO. C ry 61241G O. II n:mam a 14P SMiI ~.t` - I P e~ I W1A~D{R~ • a ~ I loco-4Y:~-2. a 0 INV f II+Tra/TZ-I I V SM :WNP'OL NO. 9 7~. ~000-IIZ: `~I NO. 99YLEC.NO. HInIR no WICH NO, 121 1-09]N T 5 m O N w t 591' I n MrOI NO. - tt°wrv9f awmao I 'C~Lu~u y/ry1~, 1251.X0. y- 1alx LSJ ' ~ H9ata21 l^ 1G.M 0 I' 17-1 Vt6f Di k-- AyE TOVRI OFS(MRitOtD ~ Naw~i .+1~N b.~7•' tea u°b R.+ as to ~ • P P +~J prtn+v/sn , ee P eT°P b be f tC b,/`~ \ 6 6 P C b,Y. A • E R I A L S • • ' n•.~ ^ nti _ is ~ I I~{i.._ry~. b ~~•~,14.1 A~ A:.. Q y ~ , SITE 1 R J • g~y~ ty- r ~ r 6' J 4+ c r ~::yr Bry ' r 4,a 'r t~.yy ~ry~. -d. 4, +t= ~'y,' } J4ksY' 1.,`• :r +Kld ~Y'~'8 • L.1, _h > oft r p 44 A ~ y~ y > J , 9' , 5 . U ~ ~7r t. i. w,1 ' I • ~v4u - ~"!•T~~ f't4E t-•t'7u~ .tyd .'x ~ _ } + i~ {t t ! + WP !7,'.u r• • 4 !f , r < rte Jr INQUIRY 3468307.3 If µ • :I,* w~, ' ~ 4 ~t s ' 4 N R4. y , ?i YEAR: 2008 500' ~ ~ ~ ISO 4 1 , SITE - d~r ;mow NSF V r + U' W v 'ey a rt ~ i i . "i • p ~I14~4i c rV. }'~'yy~s* r :.5 rj 'y. al 4 VOM y'p 6 Yu f j^. N w< r. r ,k yYk'( ,f1hY. '..,app { ra v, J r 9c i!~'~~r, ~ rig p, `~'.~1 it ~ ~z~ ,r? ':C ~y ~ ¢~V ~i~ ;.;,+9+' ti'' A ISI ~ ~ rp~ • M ~ip~, y'R' :Y4n,".oH w ~ m•'da p ~~n* ' ~ ~''r ~ v<~3rt fix. 4 ~ /7fW r ~ ~ ~ t~~oT 119 INQUIRY 3468307,3 YEAR: 2006 I Nis = 500' k /:N t. .R ,y _ r SSE r n., r 01, s'iSk +t ~'~e'nc ~ 'WT'S' ' • c u' now 111 I's Sri, 1 ~5~ W M' S ~W. loo, 7 'i4 F SITE t ,k ' fir, <l; ~ ' } t ~ ..w ~ , k k• i ~ ? ~ r."fit ,~r~y' ~J'~~ .r l:f µK I.i V-N. p.~ ~ pi I.•~ 'I.. sty. e I y f 1p 4 INQUIRY 3468307.3 YEAR: 1980 4 ' ` As t + = 750' 'E..: 1F ~ i:.,pr~k S s M r4kow I ~ • 1 .4 w i SITE~yy( Lit, If A. e \ ~ M Vn • `y ~ § ~r.~ sue"' ~I . T - M~?„ vrt . Qom. x w Y.. is "L INQUIRY 3468307.3 r,•. YEAR: 1976 } y~(1 Tr- = 500 a ; AIt, S SITE.. - y 1 «f • ~ .5 ' r l N~pleIRYi1~. a ` Oil" r , INQUIRY 3468307.3 YEAR: 1969 4, ' ` r.f4 iyf, .~r = 750' f .1 SITE ei AOL. "r. ds;; .a t, J. V. ~ Iry''J l WS 00 111 - '~'a~... r~~ ~ INQUIRY 3468307.3 p*` i QN a YEAR: 1961 'r W? i - 500' ~c may. I 'n a " ,fit loom Oqp* 4 I I Y~ I.I r i l T? ~ a Af, SITE. x~ ~ f r 4 I ~ ~ s INQUIRY 3468307.3 N YEAR: 1957 4 ~a = 500' 4,0 r 1938 Aerial F r~~ ~ 7ufr~ 1 F%L^, +n t"- ~ f c w Akio <1 4t n t SITE S « U R V E Y i i SURVEY OF PROPERTY 51TUATE: MATTITUCK N TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 03-04-2013 REVISED 04-03-2013, 04-05-2013 SUFFOLK GOUNTTTAX WS 1000- 112-2- I 1000- 112-2-2 CRRTR'M 9+0: o' TOWNOFSOUTIIOLD ~2~pO MACARIFARMS,ULC STEWARTTITTE INSURANCE COMPANY a^'E USDA-NRCS 1 1P A 4 APR - 8 2013 ~yy N DEPT. OF LAND Ste' PRESERVATION FINAL rya, ~N O tP, U; m SURVEY 6 0 ~"2 P 60 Z, t\\H1 T~~ °x N66,92~~ ~ N l fl pµ\5a N ~W ~ \ W N f l $q~q G lki `y 4 pN"' ~MPp \ MEN ~ 5 ~p.p0',\\2' SR\EJ~~pF~ ,Y~~i ~O 5 ~ygy1 A azaAo, ovk 7 - - i - ' N,2•y m 552 `BMW e ~ 2,Fgy O'1120 yp v~ f. rr 6 ~.~ryp~~S\GNpY°E N~ yl2•e\'.,o w y~2M~ A0 W i \A '~iSFO LAN OVERALL AREA = 1,186,"744.52 5F or 2"1.2439 A,GRE5 DEVELOPMENT RIGHT5 EASEMENT AREA = 1,099,624.50 OR 25.2439 ACRES &RAPHIG 5r-ALE I"=100' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. I.IC. NO. 50202 RIVERHEAD. N.Y.11901 O 100 200 300 369-82881=369-8287 REP.-C:\Ue Uobn\Dropbox\12\12-177.pm A ~ E R I A L M A P • ty N l...JVWUI.! r~ n~ t~•: ~y~rrf ~ " u ~r I' .'.l°' y ` j +c r~a~ ~ `c b~ y b +Ce ' Mir. M yr ~~"111FFF .f~ r L i 94 ~ 4 i ~ ~ 1. , 4 r ; M ,-r--., 'lt 0, r M1 r h r 1 t y' ri C a w ~ :ik ~ rNy~ ~~4 c. w,N t w k~'r ` r "o~ rF~~ 'Y T T:f'•. MM 'lip' " 9r i.' t r ~~77~{ 111 g ,¢M 9 R~,•~ r~6"`'•~!!~ +..w / '1 7,. r.'~'+!f~r fitY~ ~ f "fir ' w t s a`~ ~ 'lam h xd,i 9t~ ~ "',i i 'M I' ~ w~: V~~~ y ~ ' ~rp~~ ~J. " ~ ~ r r.,,` ~<,c?'. 71 r ~ I y ~ a~.. ~ b ~ ` :a h ? rya ¦ 9 ' w 4rr~~ cA 'b ~,t ~ ~i' , ~y~'~• ~ _ qq,'~~1`br . ~b a I ~ IWIv~t'R- ~ ~ rKS i 'S~tµµ~ ~ t> , r ~ ~ ~ •i 15 Macan Farms LLC *55 F u Macari Farms LLC r 'At brrf h,4.~7.'ti','I r .+c att. ~ - A"i 1 ~''A.o hp w ~ ' wr+ `~•rty at,~`" s. ~ eta 's S SCTM 1000-112.-2-2 ,Yr r , ~~I Y M ~ v7' IF t Or R J'li t y', r. a and and part of 1000-112..2.1 for ~a ir~i',.. .mil A`'~ y i 7 j f ! f' b,J" c.s1 fir. ~r ,h 1 r3'.r, ~ - ~if ~r7 - ,,_~~y p1 EIS '~,I- ~'u~: Aof Town Development f 4 \ .JiL gag 'OF r / 1~ N~ .t t r t r Rights Purchase Ire A ti~,A~Ff ? ~ F - L'~",r*61 'ii~W.. ~N .~y~ ~ ';yC ap, ~t t tip ~ ~ 1e ' .T - ',M' F"t ~~4'4 CflAI t`.y. l1' ~ ~ t4 ~qy',A q i M:( S~) 1~ r. S~ ~ " ~ . 1.i "-ra or`'.I dli'i11 IS rr(? yam' d;~~4~4 a 'A OW a p f 1 kl i , 1 MI P lK lqy, r 10 r P a ax Z " w . 17Y8 k , 4.4 tk i t°1 F I k i~.. yy~ 1 ~ M • 11,. U A\ > , ~ 41 "`"5wt 1 • ~ tk' ! ' c ! r t~.^ e l l ; Ak~.. 1 j~ xlld'Rr a[, ~ # N E R~Y' , • t~ } Zl i.. 'rte 'F v'Ry ' 1 ~ - ~N 7 I AC i1 t k i~ r r• Yr 7 f` 'y O N 2, O ~rr<i r-yz i~' M4 ~ 1~„ * ~ Rat t 1 ~ ` ~.`;h1 Al. yP :1,t 40 Q VVV ~1 ~1 4A } o O O 0 o 0 lope V PIN 4; oF4 0 e PF kr ' 40 O r I. M ~ 3 ` _ Y7~°F_-i~ ~•I.~.Y?.:~Y ~ 1 t fit. F4 100YIY G O t I ~ ~S~ja 61 _ ~.ny'ia, -J+r''~ ~ ~ '12. \ • ~r.`SnIM`r~e•Y •t 0 0 o 0 VII • o ~ O o 'o ~ Y ~ryrw. R ( Y&• jc . 1 , ryrY' yr \ ~i a o ' f~ I' f nlry~ p Q 7 ^ , i' ~~7-~~\ \ 'F. 7VU f\~/l?Y ~\.J~LIIJ'li D 'dy 1.. ~O . O 1 ~ r - ~w • ~ Pty :~l' ~g 1:.. ~~fs ~ r, ~ ~ ~ a o r i. 49 Al ~e IP4 .3. I'f 4L t .~r4 4 . d1~ , P ql, 'lip a+• f, PoI r ~ • • ~ ~ Ill a~,r ~ © ~ ar A ~ r °R 01, a ~ ~ h~ ~ •ia x ' Ma Prepared by Town of Southold GIS r November 21, 2012 z '--•ulU?I4 rte f:.cl I r lH'w a~ z~ r,.au gQ~.neV Rl~: M.ry err' N.'f i~ ;U~'YF~GYi7 b11 County nl tiuflolk. N Y 160~, jam E Y~ t ? vK:. y y~ 61. v.A