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Moffat Farm North, LLC
• SCTM #: 1000-55-2-10.4 (f/k/a 1000-55-2-p/o 10.1) Premises: 47775 County Road 48 Hamlet: Southold Purchase Price: $192889384.50 (19.8213 buildable acres @ $65,000/acre) Funding: Community Preservation Fund (2% land bank) Grant Funding: $593,750 from USDA NRCS awarded grant (73-2C31-2-1BHF) CPF Project Plan: Yes Total Parcel Acreage: 25.5222 acres Development Rights: 20.5222 easement acres Reserve Area: 5.0 acres Electrical Easement: 0.7009 acre (included in easement acreage but not included in purchase price calculation) Zoned: A -C Existing Improvements: In September 2014 — overhead electrical wires in . s/w corner; deer fencing along westerly boundary line • CJ 0 LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, January 12, 2010 at 7:00 p.m. Members Present: John Sepenoski, Chairman (7:45 p.m. — purposely late to avoid being present for Conway property discussion item which is a conflict of interest due to family relationship to property owners) Ray Huntington Chris Baiz Maureen Cullinane Eric Keil Monica Harbes (7:15 p.m.) Members Absent: Lillian Ball (broken wrist) Also present: Melissa Spiro, Land Preservation Coordinator Al Krupski, Town Board Liaison David Page (property owner —Shinn Vineyard, LLC) Barbara Shinn (property owner — Shinn Vineyard, LLC) Stephen Searl, Peconic Land Trust (7:30 p.m.) Commencement: • The meeting began at 7:05 p.m. with four LPC members present. • MOFFATMOLFE PROPERTY auqrf '6v� ad OQ �Q d 111 2(261 o 1k C mt m y^^ Uma SCTM #: (farm) 1000-55-2-10.1 Zoned: A -C Location: 47775 CR 48, Southold CPF: Yes Total Acreage: 26.20 acres (GIS 25.66 acres) Subdividable: Yes SCTM #: (waterfront) 1000-55-3-6.1 Zoned: R-80 Location: 50100 CR 48, Southold CPF: Yes Total Acreage: 36.34 acres (GIS 35.63 acres) Subdividable: Yes Relisting of property for sale. DISCUSSION: Melissa noted that LPC application had been received; however, application did not contain detail as to areas to be reserved from any potential purchaser of development rights. Melissa noted that SCTM #1000-55-2-10.1 (north of CR 48) may be potential candidate for pending Federal grant (FRPP) due February 1, 2010. John Sepenoski noted that access to farm must be maintained at easterly side of farm as access to farm is not possible on west side due to bank and curve in CR 48. MOTION made by Ray Huntington, seconded by Chris Baiz, to direct Melissa Spiro to commission an appraisal of the Moffat property located on the north side of CR 48 (SCTM #1000- 55-2-10.1) for the purchase of a development rights easement. No action to be taken on Moffat property located on the south side of CR 48 (SCTM #1000 -55-3-6.1) at this time. Motion carried: 6/0 LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, January 9, 2007 at 7:00 p.m. Members Present: John Sepenoski Ray Huntington Eric Keil (7:25 p.m.) Chris Baiz Lillian Ball Members Absent: Ray Blum, Chairman Michelle Zaloom Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Jack McGreevy, Conservation Advisory Committee (observer) Stephen Sead, Peconic Land Trust Timothy J. Caufield, Peconic Land Trust Commencement: • The meeting began at 7:12 p.m. with four LPC members present. • .Q,XCQ,I� f ilf"Y� acto��led i r4 2op� Lp C rt m l yl uf� • MOFFATMOLFE PROPERTY SCTM #. 1000-55-2-10.1 Zoned: A -C Location: 47775 CR 48, Southold FMMet: 0 Total Acreage: 26.20 acres (GIS 25.66 acres) CPF: Yes Subdividable: Yes SCTM #: 1000-55-3-6.1 Zoned: R-80 Location: 50100 CR 48, Southold F/Wet: 0 Total Acreage: 36.34 acres (GIS 35.63 acres) MMet: 8.66 CPF: Yes Subdividable: Yes New application. This application has been reactivated by Liz Dewar, a real estate agent, for the landowners. She has permission to negotiate for possible sale to State, Town, or a preservation agency. Melissa recommended that all committee members make a field inspection of the property and a date and time will need to be arranged. . MOTION made by Ray Huntington, seconded by Chris Saiz, to direct Melissa Spiro to commission two appraisals on both farm parcels — fee title/development rights on East parcel, development rights only on West parcel. Motion carried: 4/0 (John Sepenoski abstained) • W ' tfrM Land Preservation Committee Meeting Minutest • Tuesday 16 September 2003 at 7:30 P.M. C h'1 m , n uJIA Minutes Present were: Ray Huntington, John Sepenoski, Bill Edwards, fi=red Lee and Eric Kell, as well as Melissa Spiro and Tom Wickham. Previous minutes (8/28/03) were accepted. PrMbft (9/2/03) were accepted as corrected. SCTM# 1000-55 2-14 =Moffaq 26 acres in Southold. Reviewed new application facilitated by PLT. Determined to order an appraisal. Moved by Bill Edwards, seconded by Ray Huntington with John Sepenoski abstaining. Motion Carried. /Action: Spiro is E � N V I R O N M E N � T A L S U M M A R • Y Uj Phase I Environmental Site Assessment Moffat Farm North Southold, New York NP&V Job# 14095 May 21, 2014 CONFIDENTIAL AND PRIVILEGED MOVED M AY 2 9 2014 • Phase I Environmental Site Assessment Moffat Farm North, Southold 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This report is intended to identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment; ASTM E 1527-13 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 Southold, Town of Southold, County of Suffolk, New York. The subject property consists of a ±20.5 acre undeveloped property, located northwest of the intersection of Middle Road (C.R. 48) and Boisseau Avenue. The property consists of a portion of a tax parcel, more particularly described as Suffolk County Tax Map # 1000-55-02- • 10.1. The surrounding area is moderately developed and contains a mix of residential, commercial, agricultural, and vacant land. The subject property consists of an irregularly-shaped, undeveloped parcel of land with flat topography. The entirety of the subject property consists of former farmland that is undergoing natural succession. According to Tina and Jim Koslosky, the property owners, the property was utilized as a potato farm from the early 1900s until approximately 2007, and has remained unutilized since. There was no evidence of any past or existing structures on the subject property. There was no evidence of any staining, storage tanks, drums, wells, soil piles, debris, 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, 1947, 1954, 1957, 1960, 1969, 1976, 1980, 1994, 2006, 2008, 2009 and 2011 were reviewed in order to determine if any prior uses occupied the subject property. The subject property consisted of vacant, undeveloped farmland in all of the available aerial photographs. No structures were depicted on the subject property in any of the aerial photographs. The surrounding area was very lightly developed and consisted of primarily farmland with some single-family residences in the 1938-1980 aerial photographs, and contained some commercial structures along Middle Road (C.R. 48) and increased residential development in all of the • remaining aerial photographs. NELSON POPE 6 VOORI QS LLC ENVIRONMENTAL • PLANNING • CONSI.tTNG Moffat Farms North, Southold Phase I ESA The USGS Shelter Island and Southold Quadrangle Maps dated 1904, 1943 and 1956 were • reviewed. Review of the topographic maps revealed that the subject property was vacant, undeveloped land in all of the maps. No structures were depicted on the subject property in any of the topographic maps. The surrounding area appeared to consist of mostly vacant land or lightly developed land in all of the topographic maps, with the Long Island Sound north of the subject property, Hashamomuck Pond east of the subject property, and Southold Bay south of the subject property. An extensive government records search did not identify any sources of environmental degradation on the subject property. Some Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) Inactive Hazardous Waste Disposal (IHWD) site is located within one (1.0) mile of the subject property, and seven (7) closed spill incidents and one (1) closed LUST incident are located within one-half (0.5) mile of the subject property. In addition, ten (10) Petroleum Bulk Storage (PBS) facilities, one (1) RCRA Generator, and one (1) Civil & Administrative Enforcement Docket (CED) facility are located within one-quarter (0.25) mile of the subject property. A Tier 1 Vapor Encroachment Condition (VEC) Assessment was conducted as part of this Phase I ESA, due to the proximity of several spill incidents. The assessment was conducted in accordance to the methods and procedures, outlined within ASTM E2600-10, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions. • For this assessment, under conditions where the direction of groundwater flow can be ascertained, critical search distances are used to determine if a VEC exists. Specifically, the following distances are applied to the Tier I Assessment: Upgradient Sources 1,760 feet for Chemical of Concern (COC) 520 feet for petroleum hydrocarbons Cross -gradient Sources 365 feet for COC 165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon sources with plume considerations Down -gradient Sources 100 feet for COC/petroleum hydrocarbon LNAPL sources 30 feet dissolved petroleum hydrocarbon sources Review of the regulatory agency database report provided for the subject property revealed that no sites were identified as being located within the critical distances from the subject property. Therefore, the subject property is not expected to be adversely affected by a VEC. Based on the information reviewed, it is concluded that a VEC can be ruled out. This assessment has identified the following with respect to recognized environmental . conditions, historic recognized environmental conditions and de minimus conditions in connection with the subject property, subject to the methodology and limitations of this report. W"It NELSON POPE 6 VOORHIS. LLC ENVIROMNENTAL • PLANNING • CONSULTING Page 2 of 28 Moffat Farms North, Southold Phase I ESA No recognized environmental conditions were noted on the subject property based on the site • reconnaissance, interviews and regulatory agency records review. No controlled recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. One (1) de minimus condition was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. The subject property was historically utilized as farmland. 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 surface soils have not been impacted by previous agricultural operations. No historic recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. NP&V has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 and USEPA AAI for the Moffat Farm North property located in Southold, New York. Any exceptions to, or deletions from, this practice are described in Section 11.0 of this report. In conclusion, this assessment has not revealed evidence of any recognized environmental conditions, controlled recognized environmental conditions or historic environmental conditions; however, one (1) de minimus condition was identified in • connection with the subject property, subject to the methodology and limitations of this report. • NELSON POPE 6 VOHI ORS. --! C ENVFIOK"ENTAL • PLANNING • CIXYSULTMVG Page 3 of 28 aw w� ww ww ww w� w w w ww ww ww w� ■w ww �w ww �w View of subject property from eastern edge of property View of northern portion of subject property, looking north Moffat Farm North, Southold View of subject property from eastern edge of property View of subject property from eastern edge of property r r ��rr r r �r r r r r �r rr r r r r rr rr View of southern portion of subject property, looking south View of northern portion of subject property, looking north Moffat Farm North, Southold View of eastern portion of subject property, looking west View of northern property edge, looking west View of western portion of subject property, looking south View of western property edge, looking west Moffat Farm North, Southold View of western portion of subject property, looking south View of western property edge, looking south View of southern portion of subject property, looking south View of southern portion of subject property, looking southeast Moffat Farm North, Southold View of western property edge, looking south View of southern portion of subject property, looking southeast Southwestern corner of subject property Typical view of subject property Moffat Farm North, Southold View of storage tanks on adjacent property to the south View of southern property boundary, looking east Typical view of subject property = = = - m4r = Moffat Farm North, Southold I I w a ,r39 J j ai T y�� O9 '• �- • a; f t ♦� f 4 s C ip FIGURE 2 N 11111POITY AERIAL PHOTOGRAPH NELSON. POPE 6 VOORHIS. LLC ENVIFOV,AENTAL • PLANNING • CONSULTING Source: NYS Orthophotos, 2013 Scale: 1 inch = 250 feet N r w. Moffat Farm North Southold Phase I ESA # .. ._ _.. -.kms -aC" � _. �'*�-�` •� ... ' f. fi�� !"�"`•��! �# r7#• S # 9 a a �. � ^�' t r..-jr• � '"4 Al a g ? _ '• re fit' •w�{Y _ � �*'l 4+e�' ^'�t 3 :Q ��#v 5 jr v 4 •• [ .ate * > , 4 4 , #... °� •#�.ci.' .r 'f w 1 i ,p '�'• •. t <. ,: -t t !` ;ice-t�T.—.^''•'{T'>j�+" +' FPS6� • u p A � �^ � � �� � v e • Y' .. ,` L FIGURE 3 w Moffat North LANDUSE MAP Southold �I���II�V VIII N '=�SU�.Nt o".S. LLC Source: NYS Orthophotos, 2010 _Nviao\n•1ENTAL . c-/vwiNG - CONSL �TwG P h a s e I ESA Scale: 1 inch = 750 feet +1 Zone Description AC Agricultural Conservation R-40 _Residential Low Density AA 21 nom' R-80 Residential Low Density A \-j R-120 Residential Low Density B - R-200 Residential Low Density C R-400 Residential Low Density D HD Hamlet Density Residential ' \ _ I AHD Affordable Housing District RR Resort/Residential RO Residential/Office HB Hamlet Business LB Limited Business B General Business MI Marine I Mil Marine II LI LIO Light IndustriaUOffice Park L4" = LI Light Industrial / `-- - j A o FIGURE 4 ZONING MAP Moffat Farm North Southold �.3tj N NELSONPOPE L • PLVOORHIS.LLC ESource: Southold Town Board 2004 _ M/IPOVvENTAL MYVING CONSLLTING Phase I ESA Scale: 1 inch = 1,000 feet HaB RdB R HaA PIB Ha RhB HaA FIGURE 5 r1iII' SOIL MAP NELSON. POPE 6 VOORHIS. LLC Source: Suffolk County Soil Survey ENVIROVv1ENTAL • PLANNING • CONSLLTING Scale: 1 inch = 400 feet RdA Moffat Farm North Southold N IPhase I ESA '-- Su '. KUO� a` R HaA PIB Ha RhB HaA FIGURE 5 r1iII' SOIL MAP NELSON. POPE 6 VOORHIS. LLC Source: Suffolk County Soil Survey ENVIROVv1ENTAL • PLANNING • CONSLLTING Scale: 1 inch = 400 feet RdA Moffat Farm North Southold N IPhase I ESA '-- f, ,... f . Shiloh - rr . y � ._..,,tee; 1 17 • - ' >- Ci a• ``ter►-- • ` : •`'# + ` � � ' J s• � + r,. , •3p 11 «;. r • F • f g .` 46Ir 1 <`q� • gb a r a § s i a- y Southold:-- ,•• ..,. 1V r *� • � • • • • �+r• •� •• ,?� tit � • •� ♦ _ , ,r ��phicety, ir., bka FIGURE 6 Farm t� TOPOGRAPHIC MAP MoffatSouthold North � iil N NELSON. POPE 6 VISFiMS. LLC Source: USGS topo from ESRI web map service I FnNIR0\MFNTAL - PLNWING - CONSULTING Phase I ESA Scale: 1 inch = 1,000 feet I— I I I r, I I I I IHistorical Topographic Map RGET QUAD SITE NAME: Moffat Farm North, CLIENT: Nelson, Pope & Voorhis LLC N ME: SHELTER ISLAND Southold CONTACT: Steven Mcginn YEAR: 1904 [SCALE: ADDRESS: 47775 County Road 48 INQUIRY#: 3935476.1 TP Southold, NY 11971 RESEARCH DATE: 05/07/2014 ' RIES: 15 LAT/LONG: 41.0762 / -72.4267 1:62500 I Historical Topographic Map -1J TARGET QUAD SITE NAME: Moffat Farm North, CLIENT: Nelson, Pope & Voorhis LLC NT NAME: SOUTHOLD Southold CONTACT: Steven Mcginn MAP YEAR: 1943 ADDRESS: 47775 County Road 48 INQUIRY#: 3935476.1 Southold, NY 11971 RESEARCH DATE: 05/07/2014 SERIES: 7.5 LAT/LONG: 41.0762 / -72.4267 SCALE: 1:25000 Historical Topographic Map '3 1 64 ro 3J b2 os 6 42 T i0 40 _ •_ 37 39 33 ..---------J — a Horton Pt `-• •'� �"' g}111oh'•` HashQo ' uenthous* eG.t Ch ^- ' a i•0 30 - - _ �✓ 5 ,ZP Lilly Sao .su a ,c 21 � t � .� • �,' Rz �44 Belixedon &Wes 9 40 . S uthold ~� 3 �o lel , -Piling NSITE M ,,J . '� 3 14 24 40 5 Founders ing Land6 s P,k S H E L T E R Harpers 23 G i 'Pt 3 6 Cry Southold P y,s �r F ke,! y ,y • N /y Willow HrII� - r•e w•' li. 4 �. TARGET QUAD SITE NAME: Moffat Farm North, CLIENT: Nelson, Pope & Voorhis LLC N NAME: SOUTHOLD Southold CONTACT: Steven Mcginn T MAP YEAR: 1956 ADDRESS: 47775 County Road 48 INQUIRY#: 3935476.1 Southold, NY 11971 RESEARCH DATE: 05/07/2014 ' SERIES: 7.5 LAT/LONG: 41.0762 / -72.4267 SCALE: 1:24000 • • • Toxics Targeting 1 Mile Buffer Search Map Moffat Farm North Southold, NY 11971 +5 Scale: 1 inch = 1879 feet National Priority List (NPL) Suffolk County Inactive Hazardous Waste Inact. Haz Waste Disp. ® Disposal Registry Site N Registry Qualifying ❑RCRA Corrective Action Facility Subject Area County Border 1 Mile Radius _ = 1/4 Mile Radius Waterbody Railroad Tracks 1/2 Mile Radius 1/8 Mile Radius C Aa Ry s s r r � / r 1 1 d I I pr' ` Moffat Farm North r � r 4 / ° r Scale: 1 inch = 1092 feet Toxics Targeting 1/2 Mile Buffer Search Map Moffat Farm North Southold, NY 11971 N W E S Subject Area Suffolk County ODelisted NPL Site CERCLIS Superkund Border CERCLIS Superkund Tracks Non-NFRAP Site — - • NFRAP Site ®Hazardous Waste Treater, Radius — _ = 1/4 Mile — — Storer, Disposer Radius ®Hazardous Substance ® Solid Waste Waste Disposal Site Facility OBrownfields Site Hazardous Material Spill Subject Area Waterbody — — County Railroad Border Tracks 1 Mile — - • 1/2 Mile Radius Radius — _ = 1/4 Mile — — 1/8 Mile Radius Radius • a �0 1G 000 1 � � s ® r Scale: 1 inch = 698 feet Toxics Targeting 1/4 Mile Buffer Search Map Moffat Farm North Southold, NY 11971 G N w E S Subject Area -- — County Border _ = 1/4 Mile Radius Suffolk County Enforcement Docket Facility Air Release Petroleum Bulk Storage Facility Hazardous Waste ® Generator, Transp. Waterbody r Railroad Tracks 1/B Mile Radius Oil OMajor Storage Facility Q Chemical Storage Facility Toxic Release Wastewater Discharge Subject Area -- — County Border _ = 1/4 Mile Radius Suffolk County Enforcement Docket Facility Air Release Petroleum Bulk Storage Facility Hazardous Waste ® Generator, Transp. Waterbody r Railroad Tracks 1/B Mile Radius 0 0 0 Toxics Targeting 1/4 Mile Buffer Closeup Map Moffat Farm North Southold, NY 11971 S ZZ Moffat Farm North 12 A a 13 14 11♦ �r ilk - 1521 20'7 \ , 1: a � t - Scale:1 inch = 698 feet I Subject Area County Border 1/4 Mile Radius ' 1 Mile Search Radius 1/4 Mile Search Radius Air Release "" �T . Remediation �•::,.: j Site Borders Waterbody r.-.-.- Railroad Tracks 1/8 Mile Radius 1/2 Mile Search Radius Suffolk County National PriorityO Delisted NPL Site " Li st (NPL) ' CERCLIS Superfund q CERCLIS Superfund Non-NFRAP Site " `ti NFRAP Site Inactive Hazardous Waste ' Inact. Haz Waste Disp. ' ® Disposal Registry Site N Registry Qualifying ®Hazardous Waste Treater,1:1 " RCRA Corrective Action Facility ' Storer, Disposer ®Hazardous Substance ® Solid Waste Facility- Waste Disposal Site acility"Major O MajorOil "' � Brownfields " Storage Facility Site Chemical Storage Hazardous 0 Facility Material Spill " Toxic Release 17 WastewaterPetroleum + Bulk Discharge "' Storage Facility Enforcement Docket Facility "' ® Hazardous Waste Generator, Transp. " Subject Area County Border 1/4 Mile Radius ' 1 Mile Search Radius 1/4 Mile Search Radius Air Release "" �T . Remediation �•::,.: j Site Borders Waterbody r.-.-.- Railroad Tracks 1/8 Mile Radius 1/2 Mile Search Radius N • U B � R I N G C7 • Southold Town Board - Letter RESOLUTION 2014-416 ADOPTED Board Meeting of May 6, 2014 Item # 5.3 8 DOC ID: 9756 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-416 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6,2014: 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, June 3, 2014, at 7.32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Moffat Farm North, LLC. Said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A -C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York. The proposed acquisition is for a development rights easement on apart of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5± parcel's 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 the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± 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. 1. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] • MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated May 6, 2014 Page 2 • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, June 3, 2014, at 7:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on Property owned by Moffat Farm North, LLC. Said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A -C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5± parcel's 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 the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand . dollars) per buildable acre for the 20.5± 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: May 6, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on MAY 22, 2014 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Land Preservation • SOUTHOLD TOWN BOARD PUBLIC HEARING June 3, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:11 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, June 3, 2014, at 7:32 n.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 Moffat Farm North, LLC. Said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A -C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5± parcel's 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 the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± 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. DRE Public Hearing Moffat Farm North, LLC June 3, 2014 I have a sworn affidavit of posting on the Town Clerk's bulletin board and the posting was on May 7, 2014. I have an affidavit of publication that this appeared in the Suffolk Times newspaper. And I also have a memorandum from the LWRP coordinator that it is the recommendation of the LWRP coordinator that this proposed action is consistent with the LWRP. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law for acquisition? COUNCILMAN GHOSIO: Normally Ms. Spiro would be here to present this for us but she wasn't able to make it today and this did come up in discussion the other night in the Land Preservation Committee. What you can see here on the easel is basically the property that is on for discussion tonight. SUPERVISOR RUSSELL: Would anybody like to comment? TINA KOSLOSKI: My name is Tina Kosloski. I am the youngest of the Moffat children. I have been at this with my husband Jim for 14 years. This land was built and bought by my grandfather back before World War I. We have not had a farmer in many years in our effort to try to sell the land and now after my mother's passing, it is our wish that we try to find a farmer. And the only way to do this is to sell the development rights in order to pay forward as my mother wished, to find a farmer that is just starting out. To preserve the land and allow Southold to see, it is a farm, it really is. I hope that you will approve this. Thank you. SUPERVISOR RUSSELL: Thank you. JUSTICE EVANS: Thank you. SUPERVISOR RUSSELL: Any more comments? (No response) This hearing was closed at 8:14 PM is Elizabeth A. Neville Southold Town Clerk 0J 0 • 0 S E Q R A P U R C H A S E R E S O L U T I O N 'OQaE RESOLUTION 2014-518 ADOPTED DOC ID: 9757 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-518 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2014: 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 Moffat Farm North, LLC on the 3rd day of June, 2014, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A -C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 25.5± acres (subject to survey) of the 20.5± parcel's 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 $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± 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 2014-518 Board Meeting of June 3, 2014 WHEREAS the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations 6NYCRR 617.1 et. Seq.; and, • WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Moffat Farm North, LLC, identified as SCTM #1000-55.-2-p/o 10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • Updated: 6/3/2014 2:44 PM by Lynda Rudder Page 2 OFFICE LOCATION: • Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner 0� LWRP Coordinator • Date: May 12, 2014 RECEIVED M AY 13 2014 Re: Proposed MOFFAT FARM NORTH, LLC — development rights easement Part of SCTM #1000-55.-2-10.1 Location: 47775 County Road 48 in Southold Zoning District A -C The proposed action involves the proposed acquisition of a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5±`*'-; parcel's total acreage and in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. 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 11 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM. For UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION (Tobe completed by Aonlicant or Prniect Snonsnrl 1. APPLICANT/SP—O-�N--S•OR 2. PROJECT NAME —&OA¢n MVFFa-T- frAcm NoetW<«c. - l0 N 3. PROJECT LOCATION: Municipality Cu s Nd l —K -O w N County V p F oL IK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SLIM 'd Iabo -CJS. - to.% 4777 5 C,SL, 4 Q,, Soo-rA"* 5. PROPOSED ACTION IS: EC New [j Expansion F] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: ,l, owrN ?ute4�osr a� �eve4�� rre,�rt �:54.'�c5 e�wSt�,neN-�r an, o4 25,5'acid J�4(1r' 7. AMOUNT F LAND,AFFECTED: � - S .-0-5 acres Ultimately .ZV. acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? R Yes []No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Residential [:] Industrial F] Commercial ® Agriculture [] Park/Forest/Open Space F] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAQ? © Yes No If Yes, list agency(s) name and permit/approvals: 4.c wr't�a� 4r 4'0 t-6 �lav� awacc�el �tur roan V.S. • 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes © No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes 13 No I CERTIFY THAT THE T-�H'�E.� INFO TION PROVIDED ABOVE IS TRUE TO E BES/�T, OF MY KNOWLEDGE Applicant/sponsor name: JCy�+ Y�lYilt ✓h�iorljQi�c r`� Date: Signature: 1 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding: with this assessment OVER 1 • • • PART 11 - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? 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 ® No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal; potential for erosion, drainage or flooding problems? Explain briefly: N� C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: Nv C3. Veg"e�tation.or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: IV 2 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: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ® No If Yes, explain briefly: E. IS THERE, OR 1 THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes rANo If Yes, explain briefly: 'PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each 'effect should be assessed in connection with its (a) setting. (i.e. urban or rural); (b). probability of occurring; (c). duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments. or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If. question D of Part 11 was checked yes, the determination of significance mustevaluate the potential impact of the proposed action on the. environmental characteristics of the CEA Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the EAF and/or prepare a positive declaration. 0 Check this box if you have determined, based on the Information and analysis above and aupporting documentation, that the proposed action NOT result in any significant adverse environmental impacts AND provide, on attachme tas necessaa the supporting this determin oInHOLb W64N r_,�OACR4 Name of Lead Agency VQtcRV 1s02 �w S f te`c.� Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 1W r ', I Sc %7UMLOtSoI'" Title of Responsible Officer t gnature o reparer (it di nt from responsible officer) s T � A T E M E N T • • CLOSING STATEMENT MOFFAT FARM NORTH, LLC to TOWN OF SOUTHOLD part of SCTM #1000-55.-2-10.1 Total Development Rights Easement — 20.5222 acres Total Parcel Acreage - 25.5222 acres Reserve Area Acreage - 5.0 acres LIPA Easement Acreage — 0.7009 (not included in purchase price) Premises: 47775 County Road 48, Southold, New York Closing held on Thursday, October 30, 2014 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 1,288,384.50 (based upon 19.8213 buildable acres @ $65,000/buildable acre) disbursed as follows: is Payable to Moffat Farm North, LLC $ 1,207,531.50 Check #122863 (10/30/2014) Payable to Scott DeSimone, McCarthy RE $ 38,651.50 Check #122861 (10/30/2014) Payable to Thomas J. McCarthy, McCarthy RE $ 38,651.50 Check #122862 (10/30/2014) Payable to Patricia C. Moore, Esq. $ 3,550.00 Check #122864 (10/30/2014) Total: $ 1,288,384.50 Project eligible for partial reimbursement costs from an awarded USDA-NRCS grant in the amount of $593,750.00 Expenses of Closing: Appraisal (pre -contract) • Payable to Elinor Brunswick, MAI Check #120698 (4/8/2014) $ 2,750.00 Appraisal (supplemental update for federal grant) • Payable to Elinor Brunswick, MAI $ 750.00 Check # 122907 (11/5/2014) Old Appraisals (pre -contract) Payable to Given Associates, LLC $ 2,400.00 Check #090076 (3/13/2007) Payable to Given Associates, LLC $ 2,300.00 Check #105550 (6/1/2010) Survey Payable to Peconic Surveyors, PC $ 3,850.00 Check #121908 (7/29/2014) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,050.00 Check #121727 (7/15/2014) Title Report Payable to Peconic Abstract, Inc. $ 6,270.00 Check #122865 (10/30/2014) Title insurance policy $ 5565 Recording easement $ 410 Certified copy of easement $ 20 Recording C&R's $ 275 Title Closer Attendance Fee Payable to Victoria Charczuk $ 150.00 Check #122860 (10/30/2014) • 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. Patricia C. Moore, acting on behalf of Moffat Farm North, LLC /Yf? /i . �% Melissa Spiro, LAW Preservation Coordinator Town of Southold • 0 0 CERTIFICATE OF RESOLUTION REGARDING SALE OF DEVELOPMENT RIGHTS � 1 U I, SEAN MOFFAT, being the managing member of Moffat Farm North, LLC , a New York limited liability company (the "Company"), do hereby authorize my attorney, Patricia C. Moore, to execute/initial all closing documents necessary to complete the sale of development rights known as 47775 County Road 48, Southold. Town of Southold, Suffolk County, New York, to Town of Southold. Dated: /6/-2 -) t --2a f Y Moffat Farm North, LLC Sean Moffat, Managing Member • • • Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Patricia C. Moore, Esq. Tina Koslosky Jim Koslosky Victoria Charczuk Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Attorney for Moffat Farm North, LLC representing Moffat family representing Moffat family Title Company Closer Land Preservation Coordinator Land Preservation Sr Adm Asst -- -- --- -------- .......... - - - - -- --------- ............... ...... .... -------- --- ......... ------------- ............. - ---------------------- --------------- - ... ................. -------- - ..... . . TOWN OF SOUTHOLD • VENDOR 013591 MOFFAT FARM NORTH, LLC 10/30/2014 CHECK 122863 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-518 103014 20.5222 AC DEV RT-MOFF 1,207,531.50 TOTAL 1,207,531.50 - ---------------------- ........... ........ - _.. _.................. __...._.....- - - _... . ---------------. TOWN OF SOUTHOLD • VENDOR 004072 SCOTT DESIMONE 10/30/2014 CHECK 122861 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-518 103014 SELLER'S FEE-MOFFAT 38,651.50 TOTAL 38,651.50 V --- -------------- ----- -------- ---- -- -- ----- ----------- ----- - - ------ .......... ------ _ .. .... ....... I .... .. . - ---------------- ---------------------- ..................... . ............ ...... --- ---- ........... TOWN OF SOUTHOLD • VENDOR 013087 THOMAS J. MCCARTHY 10/30/2014 CHECK 122862 FUND ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-518 103014 BROKER'S FEE-MOFFAT 38,651.50 TOTAL 38,651.50 gfF AM 'RE ...... .... AM - --------- ----------- - - - ---------- ------ -- ------------ - --- ------------------ -- -------------------- - - --- ---- --------- ------------ -------- ------------ ...... ------ ......... ------------------------ --------------- ---- -------------- --- ------- - --- -------------------- TOWN OF SOUTHOLD • VENDOR 013549 PATRICIA C. MOORE, ESQ. 10/30/2014 CHECK 122864 FUND ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-518 103014 SELLER'S LGL FEE-MOFFAT 3,550.00 TOTAL 3,550.00 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P. O. Box 674 • Rockville Centre, New York 11571-0674 (631) 421-2344 FAX (631) 424-9246 E -Mail: elinor@brunswickappraisal.com Sanford S. Brunswick Elinor Brunswick, MAI State Certified General Appraisers March 19, 2014 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: Development Rights Easement Acquisition Moffat Farm North LLC Property 1000-55-2-p/o 10.001 47775 C.R. 48 Southold, New York 11971 INVOICE Real Estate Appraisal Thank you very much. 0 Armand Brunswick, MAI 1881-1960 $2,750 MWED LIAR 2 1 2014 TOWN OF SOUMOLD • VENDOR 005409 ELINOR BRUNSWICK, MAI 04/08/2014 CHECK 120698 • 0 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 25309 031914 MOFFAT APPRAISAL-J)EV RTS 2,750.00 TOTAL 2,750.00 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P. O. Box 674 . Rockville Centre, New York 11571-0674 (631)421-2344 FAX (631) 424-9246 E -Mail: elinor@brunswickappraisal.com Sanford S. Brunswick Elinor Brunswick, MAI State Certified General Appraisers October 6, 2014 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: Development Rights Easement Acquisition Moffat Farm North LLC Property 1000-55-2-p/o 10.001 47775 C.R. 48 Southold, New York 11971 INVOICE Federal review and updated appraisal Thank you very much. 0 Armand Brunswick, MAI 1881-1960 $750 OCT 6 2014 A& VENDOR 005409 ELINOR BRUNSWICK, MAI 11/05/2014 CHECK 122907 Cl FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 27456 100614 UPDATED APPRAISAL-MOFFAT 750.00 TOTAL 750.00 v12290711 1:02X405464': 63 000001, 011' P -GIVEN 0 A S S 0 C I A T E S 548 Route 1111 PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 4 4 Invoice Date Invoice # 2/23/2007 248 Please make check payable to: GIVEN ASSOCIATES, LLC. File No. Terms 2007122/123 Due upon Receipt Description Amount Property of Moffat -Wolfe, Et. Al. Located 2,600.00 Southeasterly side of Middle Road (CR 48) Southold, NY S.C.T.M. #1000-55-3-6.1 Property of Moffat -Wolfe, Et. Al. Located 2,400.00 Northwesterly side of Middle Road (CR 48) Southold, NY S.C.T.M. #1000-55-2-10 r ij! ()07 Thank you for your continued business. Balance Due $5,000.00 F_'G I V E N A S S 0 C I A T E S 214 TWN OOF- SOUTHOLD. - 1: zz I; �fs ;- 'SOUTHOLD.NEW *6RK11971-09 9 AM -IT 3 OR&SAW =; z —is f7z ti 0 0 1 /'13 /2-'0 a ZW11:24WIM i.YU�410--- Lil*pks- W------ 0, till) . . . . . . .... nT u,090076un 1:02L4054641: 63 000004 01" H3 .8660.2.500.200 16516 2007122 APPRAIBZL- H3 .8660.2.500.200 1.6516 2007123 -----APPRAISAL-MOFFAT/WO 2,400.00 TOTAL 0.00 E TOWN OF SOUTHOLD - SOUTHOLD, NY 11971-0959 RGIVEN • S 548 Route 111, Suite 200 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 - Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC File No. 2010148 Description Property of Moffat -Wolfe HM Living Trust Located Northwesterly side of Middle Road (CR 48) outhold, NY .C.T.M. #1000-55-2-10 dECEHE MAY 1 2Lo Td DEPT. OF LAND PRESERVATION Invoice Date Invoice # 5/10/2010 855 Terms Due upon Receipt Amount 2,300.00 Thank you for your continued business. Balance Due $2,300.00 RGIVEN FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 20144 655 MOFFAT-WOLFE-LIVING TRST 2,300.00 TOTAL 2,300.00 '�tlVtiiC@ Nelson Pope & Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 (631) 427-5665 • June 30, 2014 Melissa Spiro Project No: V14X090.001.000 Town of Southold Dept of Land Presery Invoice No: 10806 Town Hall Project Manager Steven McGinn 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Project V14X090.001.000 Moffat Farm North, Southold Professional'Services -- -----—————— --- — ——-------- ------——— — — —.— - Phase _— SA--__ Site Audit Task 1300 Phase I ESA Contract dated May 1, 2014. Phase I Environmental Site Assessment Wnrk Parfnrmarl - :5/R - 5/77/14 NN ra F0Ry0uR S C R0 �RMPj Nva -1 �,•r G °apt QV1SP Pm cco�tl30 631.421"5665 , 1� to utfo�anort: $x4 th the ; - e , or callour.o All invoices are due net 30 days. A late charge of 1 % per month will be added to any unpaid balance after 30 days. • FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 26933 10806 PHASE 1 ESA-MOFFAT ENVIR 1,050.00 TOTAL 1,050.00 PECONIC SURVEYORS, P.C. SOUTHOLD, NY 11971 1230 TRAVELER STREET Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPTARTMENT 54375 RT 25 PO BOX 1179 SOUTHOLD, NY 11971 Invoice Date Invoice # 7/8/2014 1801 P. -O; No. Terms Project 14-070 Net 30 Quantity Description Rate Amount 1 SURVEY -DEVELOPMENT RIGHTS EASEMENT. 3,850.00 3,850.00 MOFFIT FARM NORTH, LLC. S.0 TAX MAP #1000-55-02-10.1 JUL '8 2014 DEPT. Of LAND PRESERVATION e appreciate your prompt payment. Total $3,850.00 Phorie # 631-765-5020 • TOWN OF SOUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C. 07/29/2014 CHECK 121908 FUND &:ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 26934 1801 SURVEY-MOFFAT FARM NORTH 3,850.00 TOTAL 3,850.00 • • Peeox eAbj*wa TnU BRL TttivlFlb Na: — 6 ��_ �S - o yo 9 7 PdkY N Ni% Re MR DWe.oft (t1p;_ iv/av/�� Nam at. ftmdwk: tiOTlCB laF tRATE18fT 7bi•wndK ar atlwr pNtg�pryc 9 t o peoo l it l neo dMdWJWW aaeebas wt�l► �» not ntoaaary a�eMaas to ==num wtWtta�aMwnea a.f BtY poYsj- - -- --- f jW tlw f�uevoo of flr mi pdky Is net dapo upon llitperfaneenoe 4f auoh wwvkm I� CMiTIPICAT1pN dRAT®tWT 1Na 1 MM Pw�niws(sj w~a p�giwly aal d anct !mW* owwr Im d tbar�dto tnaaetnNa• t 4ar11Mr N s d qtly pwnl@4 pApo .. 1bs and oqw aht�s Naw tiwn a3nM. .. TOWN OF SOUMOLD • VENDOR 016139 PECONIC ABSTRACT, INC. 10/30/2014 CHECK 122865 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-518 641-S-04097 TITLE INS-MOFFAT 5,565.00 H3 .8660.2.600.100 14-518 641-S-04097 EASMNT RCRD FEE-MOFFAT 410.00 H3 .8660.2.600.100 14-518 641-5-04097 C&R'S RCRDNG FEE-MOFFAT 275.00 H3 .8660.2.600.100 14-518 641-S-04097 CERT.COPY EASMNT-MOFFAT 20.00 TOTAL 6,270.00 Al ----- -- --- --------- - ------ -- ------ -- -- ---- ** ......... .......... -- -- ------------ -- . ............ . ..... ................. -- --------------- ---------------- TOWN OF SOUTHOLD • VENDOR 007659 VICTORIA CHARCZUK 10/30/2014 CHECK 122860 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-518 641-S-04097 TITLE CLOSURE FEE-MOFFAT 150.00 TOTAL 150.00 4!S 11� 43 21 ht 14 Ito R � E C O R D E D E � A S E M E N T • :7 Received the Following Fees For Above Instrument IIIIIIIIIIIIIIIIIVIIIIIIIIVIIIVIIIVIIIVIIIIII)IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK Exempt RECORDS OFFICE Page/Filing $170.00 NO RECORDING PAGE $20.00 NO Type of Instrument: EASEMENT Recorded: 11/12/2014 Number of Pages: 34 At: 12:02:35 PM Receipt Number : 14-0149268 Notation $0.00 TRANSFER TAX NUMBER: 14-09404 LIBER: D00012795 NO RPT PAGE: 469 District: Section: Block: Lot: Comm.Pres 1000 055.00 02.00 010.004 qeed EXAMINED AND CHARGED AS FOLLOWS Fees Paid Amount: $1,288,384.50 TRANSFER TAX NUMBER: 14-09404 Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $170.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP -584 $5.00 NO Notation $0.00 NO Cert.Copies $40.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $315.00 TRANSFER TAX NUMBER: 14-09404 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages 3' • This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page / Filing Fee I Handling 20. 00 TP -584 �— Notation EA -5217 (County) Sub Total EA (State) R.P.T.S..T.S.A. Comm. of Ed. 5. 00 Affidavit EertiLLQfedCow �_ NYS Surcharge 15. 00 Sub Total . • Other — Grand Total tOpO 4 Dist. 2826986 T Real Property SMATax (RP Service -NOV-1 Agency Verification 1000 05500 RECORDED 2014 Nov 12 12:02:35 PN JUDITH R. PASCALE CLERK OF SUFFOLK COUNTS' L D00012795 P 469 DT# 14-09404 Recording / Filing Stamps Mortgage Amt 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit or Spec /Add. TOT. MTG. TAX Dual Town Dual County _ Held for Appointment lnt Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument 10 -W-Ile Community Preservation Fund Consideration Amount $ L a S %'f -SD CPF Tax Due $ Improved 6 RECORD &RETURN TO: Vacant Land T� Or-. c.\,\ i L`P,, r, n..,, S% -c TD (i (Y-1 n l L TD TD �Avtr\A-tYZ?-O N \1 So Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Nam www.suffolkcountynygov/clerk Title A � _S 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Gr---� 0 � 'R-\ cl'� made by; % (SPECIFY TYPE OF INSTRUMENT) bn The premises herein is situated in SUFFOLK COUNTY, NEW YORK TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of October, 2014 at Southold, New York. The parties are Moffat Farm North, LLC, with an address of 49900 Route 48, Southold, New York 11971, P.O. Box 526, Bolinas, California 94924 (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 #1000-55-2-10.1, 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 Peconic Surveyors, P.C. dated June 17, 2014 and last revisedg�- (a reduced copy of which is attached hereto and made a part hereof an hereinafter referred to as the ""Survey"�j and �embe2 9, a olll p,, GAEL- f Z'b Agw WHEREAS, the Protected Property is located in the Agricultural Conservation (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 38381). 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 Five Hundred Ninety -Three Thousand Seven Hundred Fifty and 00/100 DOLLARS ($593,750.00) 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 for row crops; and WHEREAS, it is the policy of the Town of Southold (the ""Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ('"Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and • WHEREAS, the 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; NOW THEREFORE, in consideration of One Million Two Hundred Eighty -Eight Thousand Three Hundred Eighty Four and 50/100 . DOLLARS ($1,288,384.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the 2 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 Peconic Abstract, Inc. Title Report No. 641-S-04097 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0 k-1 J • 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 June 17, 2014, last revised --18, eCv,D�2 Q� 2014, prepared by Peconic Surveyors, P.C. and a Phase 1 Environmental Site Assessment prepared by Nelson, Pope and Voorhis, 12V LLC, dated May 21, 2014. 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 M • 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 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. E "Protected Property" shall mean the property sybject to this Easement, consisting of part of SCTM# 1000-55-2-X more fully described in the Schedule "A" attached hereto and made a part hereof and shown on the survey prepared by Peconic Surveyors, P.C. dated June 17, 2014 and last revised May 2 , a reduced copy of which Is attached hereto and made a part hereof) S� �berz q Ozcw/ ` P "Riding Academy" shall mean a business use of a lot for any of C-�A h 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 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. 0 6 • ARTICLE TWO SALE GRANTOR, for One Million Two Hundred Eighty -Eight Thousand Three Hundred Eighty -Four and 50/100 DOLLARS ($1,288,384.50) 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 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 7 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. 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 is 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 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 i 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 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 an adjacent property that is used for Grantor's agricultural operation. 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 0 • Development Rights Easement) may not exceed 7 (seven) percent 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 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. 0 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. 10 • 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 1238I 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 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 is 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 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. • 12 • 3 14 Roads; Access to Protected Property 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. Access to the Protected Property is subject to a Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 3.15 Fences Existing fences may be repaired and replaced and new 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 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. 13 0 ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the 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. 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 Landscaping 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 14 • 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. 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. C. 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. 4.06 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: 15 • (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Protected Property and agricultural operations on adjacent properties; 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 7 (seven) percent of the area of the Protected Property; Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) 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 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 is lien on the Protected Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve 17 • 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. 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 Warranty ""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. 18 ""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 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 19 • 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. 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, Fill • 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 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. 21 • 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. 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. 22 • 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation 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. 23 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. 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 24 • 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 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 25 • 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 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 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds • The grant of this Easement gives rise to a property right, immediately vested in Grantee and the United States, which, for 26 • 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 Easement is extinguished, terminated, or condemned, in whole or in part, then the Grantor must reimburse the Grantee an amount equal 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. 27 • r that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. i Notary Publi ATE OF NEW YORK ) 4NTY OF SUFFOLK ) SS: KIMBERLEY A. GLENN Notary Public No. 01 GL5089252 C j* of Onondaga, State of N. Y. Commission Exp es:� December 8, On the day of in the year 2014 before me, the undersigned, rsonalfy appeared Sean Moffat, personally known to me or proved to me the basis of satisfactory evidence to be the individual whose name is subsc . ed to the within instrument and acknowledged to me that he executed the me in his capacity, and that by his signature on the instrument, the indiv al, or the person upon behalf of which the individual acted, executed the i rument. Signature/office of indiv STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: I taking acknowledgement On this Jd day of LC► A in the year 2014 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. Notary Public VeroFM CHARCAM Nfty Public, state of New Ya* No. 4850468 Ou�llAed ki &AWk County Em, nbdw F.*= January 20, 29 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: Moffat Farm North, LLC, Grantor Gd s- C /a /21 l 2c I y S' e (? C�i1 `t f n t q BY: Sean CMoffat, Managing Member �*yKj- ,e --a � ,\A ' 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. t Authoizedttignatory for the NRCS Gregory A. Kist, Acting State Conservationist STATE OF NEW YORK ) COUNTY OF il&yIivA0111 ) SS: 4 On this 94 day of LICfP15�CA in the year 2014 before me, the undersigned, personally appeared Gregory A. Kist, 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 CALIFORNIA ALL-PURPOSE CERTIFICATE � OF ACKNOWLEDGMENT State of California County of & an d Oil 06dof X+00before me, APUP) (Here insert name personally appeared S(50" C- rMr— i')L*fT, O1i, who proved to me on the basis of satisfactory evidence to be the person(o whose name) is/are subscribed to the within instrument and acknowledged to me that he/sy/the/ executed the same in his/hytl-�eir authorized capacity(ie, and that by his/h//tlyr signature(O•on the instrument the personpil, or the entity upon behalf of which the personV acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LATA KUMARWITNESS my hand and official seal. ,Lj@rARUN COMM.#2033037NOTARY PUBLIC CALIFORNIASOtANO COUhtYMy COMM. Expires JULY t2, 2017 1 •Signature of Notary Public (Notary S ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Orun t d teYels P,P rorA 'R«ti (Title or description of attached document) �-�cC 4 (Title or description of attached document continued) Number of Pages ! Document Date t0141 -1-V (Additional information) CAPACITY CLAIMED BY THE SIGNER -Ei-7ndividual (s)- r ❑ Corporate Officer 1 ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verblage exactly as appears abore in the notaq section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment rerbiage as Wray be printed oil such a document so long as the rerbiage does not require the noloi)� to do something that is illegal for a notary in California fl.e. certifjing the oulhori_ed capachy of the signer). Please check the document carefully for proper notarial irording and attach this form if required. • Slatc and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date lluit the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lwlshe/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •' Securely attach this document to the signed document Peconic Abstract, Inc. Title No.: 641-S-04097 amended 7122114 Schedule A Description — AMENDED 7128114 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly side of North Road (C.R. 27) distant 948.60 feet southerly from the corner formed by the intersection of the southerly side of Old North Road with the westerly side of North Road (C.R. 27); and RUNNING THENCE along the westerly side of North Road (C.R. 27) the following (3) courses and distances: 1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet; • 2) Along the are of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 228.92 feet; and 3) Along an are of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 45.00 feet to the true point or place of beginning; RUNNING THENCE along the westerly side of North Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 299.84 feet to a concrete monument and Town of Southold Development Rights; RUNNIING THENCE along said land and continuing along lands now or formerly of Vanduzer Appliance Company, Inc. the following (3) courses and distances: 1) North 87 degrees 49 minutes 50 seconds West, 414.72 feet; 2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet; 3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a monument and other lands of the Town of Southold Development Rights; • Continued..... Title No.: 641-S-04097 Schedule A Description continued..... Development Rights Easement Area THENCE along said land, North 11 degrees 34 minutes 10 seconds West, 935.30 feet to a monument and land now or formerly of Suffolk County (Development Rights); THENCE along said land, North 88 degrees 35 minutes 30 seconds East, 752.23 feet to a monument and land now or formerly of Bertsch! and Gilmore; THENCE along said land the following (2) courses and distances: 1) South 5 degrees 53 minutes 10 seconds West, 315.00 feet; 2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now or formerly of Saragas; THENCE along said lands, North 78 degrees 53 minutes 10 seconds East, 73.75 feet to the Reserved Area; THENCE along said Reserved Area the following (2) courses and distances: 1) South 2 degrees 10 minutes 10 seconds West, 318.28 feet; 2) South 87 degrees 49 minutes 50 seconds East, 502.94 feet to the westerly side of North Road (C.R. 27) and the true point or place of BEGINNING. r: 4 s MAP OF S. E.. S TK WHTS) Lor 2 NAP or IMI PEAT CWSTF-Rm COr1567VA7NvN 54mms6H NORTN FORK ESTATES Nu Ma 119+? NFA. 1 iGIT AILNRKNTS) N66S930'E 75173' AwA 100aP a4�� rar 0EYELCPA0VT RIGHTS E4F&"7* AREA 722 AREA - 2a5ACRES RESERi£D AREA AREA - 1=0 ACRIS LLP.A.EASEW.NF AREA AREA - ay" AQtw TOTAL AREA - 25.5212 ACRES 8 � W�O�f�� IL r7 y75,�d a � 0"11:60m n"s Ts �v — — R6rMeWlf d0 •°` scTa / Vp tJ7+T+E oo:,D, rt5) M/n/Y VANDM Ny WC ANPUµCE C6NR . ANY ACRRAI>0'1 OR A001AON N ]H6 CFsf1' IS A NpAAp/ DF StLAaN 170KE iNE NEW fTXw sf S EYR/Ft iTOY uK Tt� i � vALaw nrs�Nw�ANOH %�+aaE�s aaD��� au mws SAO NM OR C.e1E6 6EAP. Alf YWA£SSFO SGl CE ihE SWfEYOR ANOSL 9RUTN2E ./PFLtRS NERET.N. TOTAL PARCEL AREA - 25.5222 ACRES SURVEY OF PROPERTY IN SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-55-02-101 SCALE: 11-100, ,.UNE 17, 2014 AAY 75. 2014 (RES'UED AREA R£NSED) SEPT. 9, 1014 (REMSONS) OLD NORTH ROAD —'' SFP 10 EA I aY .i NA, F Wow& N LA0. �AfAS Pp srn � Nco_m-:-mr Y [•V Canned TO., TOW OF SOMANND F RST AMERICAN naE CO PANY OF NEW TURK (641-5-04097) USOA-NNCS MOFFAT FARM NOR7K KC ACCESS TO WE EASEMENT AREA AND 70 RIE RESERLED AREA FROM 771E J"ZV FRONTAGE DV IW NOR771 ROAD (CR 27) DMT 15 SOFN OF RE LOT NOW OR Fa%WRCY DESWM7EO AS SOTMJ 7000-53-2-77.1 7s PRO47617ED. AO. BOX 909 1236 TRAVELER SOUTND(D. N.Y. 765-1797 1 i • • A N T S � E S T R I C T I O N � S • SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 8 Receipt Number : 14-0149268 Recorded: 11/12/2014 At: 12:02:35 PM LIBER: PAGE: District: Section: Block: 1000 055.00 02.00 'Received EXAMINED AND CHARGED AS FOLLOWS the Following Fees For Above Instrument Exempt Page/Filing $40.00 NO Handling COE $5.00 NO NYS SRCHG TP -584 $0.00 NO Notation Cert.Copies $10.00 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 9 D00012795 470 Lot: 010.004 JUDITH A. PASCALE County Clerk, Suffolk County Exempt $20.00 NO $15.00 NO $0.00 NO $60.00 NO $150.00 JUDITH A. PASCALE County Clerk, Suffolk County Number of pages V • This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 1 FEES Page/ Filing Fee Handling 20. 00 TP -584 Notation I EA -5217 (County) Sub Total bQ EA -5217 (State) L' R.P.T.S.A. Comm. of Ed. 5. 00 Z, Affidavit 'R NYS Surcharge 15.00 SuhTntal qo Other Grand Total 15D J 2826987 4 Distl T P Real Property RSMI A Tax Service 10 -NOVA Agency Verification 'ieiiiiirn4 RECORDED 2014 Nov 12 12.0:2,_- RN .TiJDTTH A. PG SCALE CLERK OF SUFFi iLk:. CUUHTY P 470 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County _ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Ib-3ow Community Preservation Fund Consideration Amount $ ICPF Tax Due $ Improved RECORD & RETURN TO: Vacant Land TW IIrn C— TD 1 14�Th1 L�5F40�"'bri+^�(G TD 33 1-.� C� t � ^ c► S ) TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Nam www.suffolkcountyny.gov/clerk Title # &_ 5 _ 8 Suffolk County Recording & Endorsement Page This page forms part of the attached C) Raf`A'��pnS f1 ��i j�►rnYa»�S �� 0,5 i R % re» Cmade by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK • TO In the TOWN of 3�r t 1 yy" � f-\ O ::�2ry 1—)'}, n 1 C In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of thisS?,-�day of October, 2014, by MOFFAT FARM NORTH, LLC, hereinafter referred to as the "DECLARANT"; as owner of the premises designated as the date hereof as SCTM #1000-55-2-10.1 and shown on a survey prepared by Peconic Surveyors, P.C. dated June 17, 2014 and last revised September 9, 20141, a reduced copy of which is attached hereto and made a part hereof, and a portion of which is designated as the " Reserved Area" and a portion of which is designated as the "Development Rights Easement Area," and both separately described in the metes and bounds descriptions attached hereto as Schedule "A" and "B" and made a part hereof, hereinafter respectively referred to as the "Reserved Area" and the "Easement Area." WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 47775 County Road 48, 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 ;7 r !!-La , 2014 for a part of SCTM #1000-55-2-10.1; and • 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 Easement Area and the Reserved Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Development Rights Easement Area (the "Easement Area" herein) and the Reserved Area shall 1 For purposes of clarity, the survey includes the Suffolk County Tax Map designations as of the date hereof. • hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Access to the Easement Area shall be provided from the North Road (C.R. 48) frontage between the lot now or formerly known as SCTM#1000-55-2-11.1 to the northerly boundary of the lot now or formerly known as SCTM#1000-55-02-10.1 along the North Road (C.R. 48), and/or from any adjacent property. Said access area shall be .defined as an access easement or similar designation when an application is made to subdivide the 5 -acre Reserved Area from the Easement Area or application is made for a re -subdivision or a lot line modification of the lot now or formerly designated as SCTM #1000-55- 2-11.1. .If a re -subdivision or lot line modification is made prior to an application to subdivide the Reserved Area from the Easement Area, the Planning Board of the Town of Southold may waive the requirement to establish access until such time that application is made to subdivide the Reserved Area from the Protected Property. Access to the Easement area and to the Reserve Area from the 344.84' frontage on the North Road (C.R. 48) that is south of the lot • now or formerly designated as SCTM# 1000-55.-2-11.1 is prohibited. 2. Subject to approval by the Land Preservation Committee and the Planning Board of the Town of Southold, and as otherwise required by applicable law, the Reserved Area may be subdivided from the Easement Area. No further subdivision of the Reserved Area is permitted except to add approximately 1 acre of it to the lot designated as SCTM #1000-55-2-11.1, an existing separate lot with an existing residential dwelling. 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 a recommendation is made to do so by the Planning Board and the Land Preservation Committee, and same is approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: MOFFAT FARM NORTH, LLC Q��6z:; By: SEA%MOFFAT, Managing Member STATE OFst,4EW YORK) SS.: COUNTY OF FFOLK) On the day f October in the year 2014 before me, the undersigned, personally appeare Sean Moffat, personally known to me or proved to me on the basis of satisfactory a 'deuce to be the individuals whose names are subscribed to the within instrument a acknowledged to me that they executed the same in their capacity, and that by thei ignature on the instrument, the individuals, or the persons upon behalf of whi the individuals acted, executed the instrument, and that such individuals made s h appearance before the undersigned. Notary Public 11 see c, ti 6vvt W is CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Ri • On 0C)M6 f a_V01ybefore me, PC(aun C,ATIP\ tc A (11ere insert name and title of the officer) personally appeared �Z&\N C M0 T_T� — bu%-C who proved to me on the basis of satisfactory evidence to be the person(A whose name(s) is/alt subscribed to the within instrument and acknowledged to me that he/s /the/ executed the same in his/h/r/tlxfir authorized capacity(ie�, and that by his/h�/thqrfr signature(] on the Instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public ARUN LATA KUMAR .� �+ COMM. #2033037 ^ o� NOTARY PUBUC-CA FMNA 1 I L SOLANO COUNTY (Notary Seat) I' My Comm. Expites JULY 12, 2017 'A ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT W_-A0raJkn f� OMy&W (Title or description of attached document) _Oro (Title or description of attached document continued) of Pages Document Date lina-4 (Additional information) CAPACITY CLAIMED BY THE SIGNER l� Individual A ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears abore is the notao, section or, a separrate acknowledgment forst must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. !n such instances, ally alternative acknowledgment rerbiage as may be printed on such a document so long as the rerbiage does not require the natal), to do something that is illegal for a nota)), in California (i.e. certifying file authori_ed capacity of the signer). Please check the document carefully for proper nofarial warding and attach this jar in if required. I� • Slate and County information must be the State and County where the document 1 signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same dale the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the nanme(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •' Securely attach this document to the signed document Peconic Abstract, Inc. • Title No.: 641-S-04097 amended 7122114 Schedule A Description — AMENDED 7/28/14 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly side of North Road (C.R. 27) distant 948.60 feet southerly from the corner formed by the intersection of the southerly side of Old North Road with the westerly side of North Road (C.R. 27); and RUNNING THENCE along the westerly side of North Road (C.R. 27) the following (3) courses and distances: 1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet; 2) Along the are of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 228.92 feet; and 3) Along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 45.00 feet to the true point or place of beginning; RUNNING THENCE along the westerly side of North Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 299.84 feet to a concrete monument and Town of Southold Development Rights; RUNNIING THENCE along said land and continuing along lands now or formerly of Vanduzer Appliance Company, Inc. the following (3) courses and distances: 1) North 87 degrees 49 minutes 50 seconds West, 414.72 feet; 2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet; 3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a monument and other lands of the Town of Southold Development • Rights; Continued..... Title. No.: 641-S-04097 Schedule A Description continued...... Development Rights Easement Area THENCE along said land, North 11 degrees 34 mirfutes 10 seconds West, 935.30 feet to a monument and land now or formerly of Suffolk County (Development Rights); THENCE along said land, North 88 degrees 35 minutes 30 seconds East, 752.23 feet to a monument and land now or formerly of Bertschi and Gilmore; THENCE along said land the following (2) courses and distances: 1). South 5 degrees 53 minutes 10 seconds West, 315.00 feet; 2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now or formerly of Saragas; THENCE along said lands, North 78 degrees 53 minutes 10 seconds East, 73.75 feet to the Reserved Area; THENCE along said Reserved Area the following (2) courses and distances: 1) South 2 degrees 10 minutes 10 seconds West, 318.28 feet; 2) South 87 degrees 49 minutes 50 seconds East, 502.94 feet to the westerly side of North Road (C.R. 27) and the true point.or place of BEGINNING. • Peconic Abstract, Inc. Title No.: 641-S-04097 amended 7122114 % Schedule Description FOR INFORMATION ONLY Reserved Area ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly side of North Road (C.R. 27) distant 948.60 feet southerly from the corner formed by the intersection of the southerly side of Old North Road with the westerly side of North Road (C.R. 27); THENCE along the westerly side of North Road (C.R. 27) the following (3) courses and distances: jo 1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet; 2) Along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 228.92 feet; 3) Along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 45.00 feet; THENCE along the Development Rights Easement Area the following (2) courses and distances: 1) ' North 87 degrees 49 minutes 50 seconds West, 502.94 feet; 2) North 2 degrees 10 minutes 10 seconds East, 318.28 feet to land now or formerly of Saragas; THENCE along said land, North 78 degrees 53 minutes 10 seconds East, 714.90 feet to the westerly side of North Road (C.R. 27) and the point or place of BEGINNING. • I T im is N 0 L Fl 0 C: R5Z A M E p,CS Owner's Policy of Title Insurance Z' FirstAmerican Title ISSUED BY First American Title Insurance Company Owner's Policy POLICY NUMBER 5011436-0066559e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1 . Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by Its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company ��— eO4 Dennis J. Gilmore President Jeffrey S. Robinson Secretary • (This Policy is valid only when Schedules A and B are attached) For Reference: File #: 641-S-04097 Issued By: Peconic Abstract, Inc. 405 Ostrander Avenue, P.O. Box 1267 Riverhead, NY 11901 This Jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011436 (7-1-14) Page 1 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) New York CJ L 1 0 Policy #: 5011436-0066559e COVERED RISKS (Continued) 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. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Form 5011436 (7-1-14) Page 2 of 5 Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy. (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. ALTA Owner's Policy of Title Insurance (6-17-06) New York Policy #: 5011436-0066559e CONDITIONS • 1. DEFINITION OF TERMS in the records of the clerk of the United States District Court for The following terms when used in this policy mean: the district where the Land is located. (a) "Amount of Insurance": The amount stated in Schedule A, as Q) "Title": The estate or interest described in Schedule A. may be increased or decreased by endorsement to this policy, (k) "Unmarketable Title": Title affected by an alleged or apparent increased by Section 8(b), or decreased by Sections 10 and 11 of matter that would permit a prospective purchaser or lessee of these Conditions. the Title or lender on the Title to be released from the (b) "Date of Policy": The date designated as "Date of Policy" in obligation to purchase, lease, or lend if there is a contractual Schedule A. condition requiring the delivery of marketable title. (c) "Entity": A corporation, partnership, trust, limited liability 2. CONTINUATION OF INSURANCE company, or other similar legal entity. The coverage of this policy shall continue in force as of Date of (d) "Insured": The Insured named in Schedule A. Policy in favor of an Insured, but only so long as the Insured (i) The term "Insured" also includes retains an estate or interest in the Land, or holds an obligation (A) successors to the Title of the Insured by operation of secured by a purchase money Mortgage given by a purchaser law as distinguished from purchase, including heirs, from the Insured, or only so long as the Insured shall have liability devisees, survivors, personal representatives, or next by reason of warranties in any transfer or conveyance of the Title. of kin; This policy shall not continue in force in favor of any purchaser (B) successors to an Insured by dissolution, merger, from the Insured of either (i) an estate or interest in the Land, or (ii) consolidation, distribution, or reorganization; an obligation secured by a purchase money Mortgage given to the (C) successors to an Insured by its conversion to another Insured. kind of Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (D) a grantee of an Insured under a deed delivered without The Insured shall notify the Company promptly in writing (i) in case payment of actual valuable consideration conveying the of any litigation as set forth in Section 5(a) of these Conditions, (ii) Title in case Knowledge shall come to an Insured hereunder of any (1) if the stock, shares, memberships, or other equity claim of title or interest that is adverse to the Title, as insured, and interests of the grantee are wholly-owned by the that might cause loss or damage for which the Company may be named Insured, liable by virtue of this policy, or (iii) if the Title, as insured, is (2) if the grantee wholly owns the named Insured, rejected as Unmarketable Title. If the Company is prejudiced by (3) if the grantee is wholly-owned by an affiliated the failure of the Insured Claimant to provide prompt notice, the Entity of the named Insured, provided the affiliated • Company's liability to the Insured Claimant under the policy shall Entity and the named Insured are both wholly- be reduced to the extent of the prejudice. owned by the same person or Entity, or 4. PROOF OF LOSS (4) if the grantee is a trustee or beneficiary of a trust In the event the Company is unable to determine the amount of created by a written instrument established by the loss or damage, the Company may, at its option, require as a Insured named in Schedule A for estate planning condition of payment that the Insured Claimant furnish a signed purposes. proof of loss. The proof of loss must describe the defect, lien, (ii) With regard to (A), (B), (C), and (D) reserving, however, all encumbrance, or other matter insured against by this policy that rights and defenses as to any successor that the Company constitutes the basis of loss or damage and shall state, to the would have had against any predecessor Insured. extent possible, the basis of calculating the amount of the loss or (e) "Insured Claimant": An Insured claiming loss or damage. damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive 5. DEFENSE AND PROSECUTION OF ACTIONS knowledge or notice that may be imputed to an Insured by reason (a) Upon written request by the Insured, and subject to the of the Public Records or any other records that impart options contained in Section 7 of these Conditions, the constructive notice of matters affecting the Title. Company, at its own cost and without unreasonable delay, (g) "Land": The land described in Schedule A, and affixed shall provide for the defense of an Insured in litigation in improvements that by law constitute real property. The term which any third party asserts a claim covered by this policy "Land" does not include any property beyond the lines of the area adverse to the Insured. This obligation is limited to only those described in Schedule A, nor any right, title, interest, estate, or stated causes of action alleging matters insured against by easement in abutting streets, roads, avenues, alleys, lanes, this policy. The Company shall have the right to select ways, or waterways, but this does not modify or limit the extent counsel of its choice (subject to the right of the Insured to that a right of access to and from the Land is insured by this object for reasonable cause) to represent the Insured as to policy. those stated causes of action. It shall not be liable for and will (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security not pay the fees of any other counsel. The Company will not instrument, including one evidenced by electronic means pay any fees, costs, or expenses incurred by the Insured in authorized by law. the defense of those causes of action that allege matters not (i) "Public Records": Records established under state statutes at insured against by this policy. Date of Policy for the purpose of imparting constructive notice of (b) The Company shall have the right, in addition to the options matters relating to real property to purchasers for value and contained in Section 7 of these Conditions, at its own cost, to without Knowledge. With respect to Covered Risk 5(d), "Public institute and prosecute any action or proceeding or to do any Records" shall also include environmental protection liens filed Form 5011436 (7-1-14) Page 3 of 5I ALTA Owner's Policy of Title Insurance (6-17-06) New York Policy #: 5011436-0066559e other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under is this policy as to that claim. Form 5011436 (7-1-14) Page 4 of 5 CONDITIONS (Continued) i. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. ALTA Owner's Policy of Title Insurance (6-17-06) New York Policy # : 5011436-0066559e 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged • defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 012. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or Form 5011436 (7-1-14) Page 5 of 5 CONDITIONS (Continued) controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center,1 First American Way; Santa Ana, CA 92707. Phone: 888-632-1642. ALTA Owner's Policy of Title Insurance (6-17-06) New York • SCHEDULE A TITLE NO. 641-S-04097 POLICY NO. 5011436-0066559e AMOUNT OF INSURANCE: $1,288,384.50 DATE OF POLICY :10130114 1. NAME OF INSURED: TOWN OF SOUTHOLD 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: DEVELOPMENT RIGHTS EASEMENTIEASEMENT INTEREST 9 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: AS TO FEE TITLE: MOFFAT FARM NORTH, LLC Who acquired title by virtue of a deed dated 9123113 and recorded 10130/13 in Liber 12750 page 610. (covers premises and more) (all of tax lot 010.001) AS TO DEVELOPMENT RIGHTS EASEMENTIEASEMENT INTEREST: TOWN OF SOUTHOLD By Grant of Development Rights Easement dated 10130114 and recorded 11112114 In the Suffolk County Clerk's Office in Liber 12795 page 469. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TAX MAP DESIGNATION: 1000.055.00 -02.00 -part of 010.001 ADDRESS: 47775 County Road 48, Southold, NY • • Peconic Abstract, Inc. Title No.: 641-S-04097 amended 7122114 Schedule A Description — AMENDED 7128114 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly side of North Road (C.R. 27) distant 948.60 feet southerly from the corner formed by the intersection of the southerly side of Old North Road with the westerly side of North Road (C.R. 27); and RUNNING THENCE along the westerly side of North Road (C.R. 27) the following (3) courses and distances: 1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet; Is 2) Along the arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 228.92 feet; and 3) Along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 45.00 feet to the true point or place of beginning; RUNNING THENCE along the westerly side of North Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 299.84 feet to a concrete monument and Town of Southold Development Rights; RUNNIING THENCE along said land and continuing along lands now or formerly of Vanduzer Appliance Company, Inc. the following (3) courses and distances: 1) North 87 degrees 49 minutes 50 seconds West, 414.72 feet; 2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet; 3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a monument and other lands of the Town of Southold Development Rights; • Continued..... Title No.: 641-S-04097 Schedule A Description continued..... Development Rights Easement Area THENCE along said land, North 11 degrees 34 minutes 10 seconds West, 935.30 feet to a monument and land now or formerly of Suffolk County (Development Rights); THENCE along said land, North 88 degrees 35 minutes 30 seconds East, 752.23 feet to a monument and land now or formerly of Bertschi and Gilmore; THENCE along said land the following (2) courses and distances: 1) South 5 degrees 53 minutes 10 seconds West, 315.00 feet; 2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now or formerly of Saragas; THENCE along said lands, North 78 degrees 53 minutes 10 seconds East, 73.75 feet to the Reserved Area; THENCE along said Reserved Area the following (2) courses and distances: 1) South 2 degrees 10 minutes 10 seconds West, 318.28 feet; 2) South 87 degrees 49 minutes 50 seconds East, 502.94 feet to the westerly side of North Road (C.R. 27) and the true point or place of BEGINNING. • SCHEDULE B POLICY NO.: 5011436-0066559e TITLE NUMBER: 641-S-04097 EXCEPTIONS FROM COVERAGE This Policy does not insure loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Special Exceptions: 1) Survey by Peconic Surveyors, P.C., dated 6117114 and revised 7115114 and 919114 shows the Development Rights Easement area as vacant land; overhead wires; L.I.P.A. Easement area; tower. 2) Rights of the utility company to maintain the overhead wires, tower and easement area, as shown on survey used herein. • 3) Declaration of Covenants and Restrictions dated 10/30/14 and recorded 11/12114 in Liber 12795 page 470. 4) Company excepts possible unpaid water and sewer charges, if any. 0 • First American Title Insurance Company of New York STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made part of First American Title Insurance Company of New York Policy 1. Covered Risk Number 2(c) is deleted. 2. Exclusion Number 5 is deleted, and the following is substituted: 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. 3. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." This endorsement is issued as part of the policy. Except as it expressly states, it does not • (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF, First American Title Insurance Company of New York has caused this Endorsement to be signed and sealed on its date of issue set forth herein. Dated: 10/30/14 PECONIC ABSTRACT, INC. 405 OSTRANDER AVENUE, P.O. BOX 1267 RIVERHEAD, NY 11901 Tel. 631-369-0222 fax: 631-369-4020 Countersigned First American Title Insurance Company of New York By. /� t �1 Authorized Signatory James M. Orphanides, President • STANDARD NEW YORK ENDORSEMENT (1/1 /07) FOR USE WITH ALTA OWNER'S POLICY (6-06) • N Y S A G e� M K T S • 0 WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ± 20.5222 acres of active farmland and/or --- acres of non -farmland, situated at Suffolk County Tax Map No. p/o 1000-55-2-10.1 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD SCOTT A. RUSSELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) Landowner MOFFAT FARM NORTH, LLC / 0/2 -71 �, it By: SEAN MOFFAT )ss: COUNTY OF SUFFOLK ) On the3D day of &�_, 2014, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the • municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. VICTORIACHARCZUK Notary Public NotwYPublic, ��oiNeWYork 86 ) in Suffolk ��� p. 2 STATE OF )ss: COUNTY OF l On the day of , 2014, before me personally appeared SEAN MOFFAT personally known to me or provid o me on the basis of satisfactory evidence to be the individual whose name is subscribed a within instrument and acknowledged to me that he/she executed the same as owner of the ect premises; and that by her signature on the instrument, the individual, or the persons up behalf of which the individual acted, executed the instrument. �e lae�ow . Notary Public • - _- .. - _, - -.:•.rpt.-;..••s�.f�✓pdi�f�� County of0 On Mkky'! P4l X01 b�yefore me, �ih U" -IA kW mAQ- V* v� QAMC, -- Personally appeared � — N C tYibj Who proved to me on the basis of satisfactory evidence to be the person(ewhose nan<-_7. is/ario subscribed to the within instrument and acknowledged to me that he/s�*/tyy executed the same in his/h/r/th?rr authorized capacity(ie�, and that by his/h�/tKr signature() on the instrument the person(P'j, or the entity upon behalf of which the person(q acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ Signati ' T ARUN LATA KUMR. �. • COMM. #2033037 /� s� NOTARY PUBLIC-CALMM \ J SOLANOCOLWY t AMy Comm. Expires JULY 12, 2017 .:.: �...:.,'..t.:.^,'...�'«rf•1J7iL#1��i�,i.-11���lti�l�1><q��1���.KI1�KMi^A�UF'.A • a STATE OF NEW YORK DEPARTMENT OF AGRICULTURE & MARKETS 108 Airline Drive, Albany, NY 12235 518-457-4188 www. aq ri cu l t u re. n y. qo V Andrew M. Cuomo Governor January 20, 2015 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Richard A. Ball Acting Commissioner Re: Waiver — Suffolk County Agricultural District #1 — Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Sean Moffat Moffat Farm North, LLC The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair File: AP14/048-W Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit CE W E 0 F E B 10 2015 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us 0 0 Telephone (631) 765-5711 Facsimile (631) 765-6640 November 14, 2014 ,*,°f soUry� h �yCOUl�i`l, OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Robert Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 1013 Airline Drive Albany, NY 12235 Re: MOFFAT FARM NORTH, LLC to TOWN OF SOUTHOLD Part of SCTM #1000-55.-2-10.1 Dear Mr. Somers: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Enclosed please find the "Waiver — NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell and Sean Moffat of Moffat Farm North, LLC, at a closing on a development rights easement on farmland identified as part of SCTM #1000-55.-2-10.1. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Moffat Farm North, LLC Town of Southold 11/12/2014 D00012795 469 47775 CR 48, Southold 20.5222 acres p/o 1000-055.00.-02.00-010.001 n/k/a 1000-055.00-02.00-010.004 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, G� 4'-- Melissa Spiro Land Preservation Coordinator /md enc. • N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation _ ivision of Lands & Forests ureau of Real Property, Stn Floor 10111110 625 Broadway, Albany, New York 12233-4256 _ Phone: (518) 402-9442 • Fax: (518) 402-9028 Website: www.dec.ny.clov Joe Martens Commissioner December 12, 2014 Melissa A. Spiro Land Preservation Coordinator Department of Community Preservation Town of Southampton PO Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro, We have received in our office the following conservation easement: CE Suffolk 610 Grantor: Moffat Farm North, LLC. Deed: D00012795, Page 469 Filed: 11/12/2014 The conservation easement cited above has been 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. Veeal truly yours, J to k state Specialist 2 Bureau of Real Property Is DEC 2214 DEPI0 mo MELISSA A. SPIRO LAND PRESERVATION COORDINATOR • melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 L� 0 December 23, 2014 ',J�XpF SOUIy� igs �Cou�m� OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Sean Moffat Moffat Farm North, LLC P.O. Box 526 Bolinas, CA 92924 Re: NYSDEC Conservation Easements Registry CE: Suffolk 610 SCTM #1000-55.-2-10.4 Dear Mr. Moffat: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Please be advised that the Town's purchase of a development rights easement on property owned by Moffat Farm North, LLC and located at 47775 CR 48 in Southold 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 this property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Nancy J. Stock at NYSDEC and refer to the assigned identifier — CE: Suffolk 610. Very truly yours, 1 l Melanie Doroski Sr. Administrative Assistant enclosure MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.soiroOtown.southold.nv.us r: Telephone (631) 765-5711 Facsimile (631) 765-6640 November 14, 2014 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD NYSDEC Bureau of Real Property 625 Broadway, 5"` Floor Albany, NY 12233-4256 Attention: Carmen L. Story Acting Land Acquisition Section Chief Re: Conservation Easements Registry MOFFAT FARM NORTH, LLC to TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 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: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Moffat Farm North, LLC Town of Southold 11/12/2014 D00012795 469 47775 CR 48, Southold 20.5222 acres p/o 1000-055.00-02.00-010.001 n/k/a 1000-055.00-02.00-010.004 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, 406"4 i� -re- Melissa Spiro Land Preservation Coordinator enc. cc: Moffat Farm North, LLC c/o Sean Moffat P.O. Box 526 Bolinas, CA 94924 G R A N T • • MELISSA A. SPIRO LAND PRESERVATION COORDINATOR 0 melissa.spiro@town.southold.ny.us • 0 Telephone (631) 765-5711 Facsimile (631) 765-6640 January 5, 2015 so__ `0 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Gregory A. Kist, State Conservationist USDA -Natural Resources Conservation Service The Galleries of Syracuse 441 S. Salina St — Suite 354 (5`s floor) Syracuse, NY 13202-2450 Re: MOFFAT FARM NORTH, LLC FRPP Cooperative Agreement #73-2C31-2-1BHF ($593,750 grant) SIDOR FRPP Cooperative Agreement #73-2C31-3-1CLS ($1,898,000 grant) Dear Mr. Kist: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 My department was recently notified that the Town of Southold received $2,491,750 from the USDA NRCS representing partial purchase reimbursements for the Moffat Farm North, LLC and Sidor farmland conservation easements. I would like to sincerely thank you, Peter Gibbs, and all those at USDA-NRCS for helping to bring these two farmland preservation projects to a close, adding an additional 79.42 acres to the Town's ever-growing list of preserved agricultural lands. The Town of Southold appreciates the financial assistance the FRPP provides by awarding grants that help make these projects possible. Sincerely, Melissa Spiro Land Preservation Coordinator MELISSA A. SPIRO LAND PRESERVATION COORDINATOR • melissa.spiro@town.southold.ny.us • Telephone (631) 765-5711 Facsimile (631) 765-6640 November 14, 2014 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Peter Gibbs, Farmland Protection Manager USDA -Natural Resources Conservation Service The Galleries of Syracuse 441 S. Salina Street, Suite 354 Syracuse, NY 13202-2450 Re: Cooperative Agreement 73-2C31-2-1BHF USDA -N RCS, /Town of Southold Moffat Farm North, LLC Dear Mr. Gibbs: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 A formal closing for the Town of Southold's purchase of a development rights easement on farmland owned by Moffat Farm North, LLC took place on October 30, 2014. At this time, the Town is respectfully requesting reimbursement towards the purchase price in the awarded amount of $593,750. I have included the following documentation you will need for your file in granting this request: • NRCS FRPP Closing Instructions signed acknowledgement • Form 230 — Confirmation of Matching Funds • Form SF -270 — "Request for Advance or Reimbursement" in the amount of $593,750.00 • Certified Copy of Grant of Development Rights Easement dated October 30, 2014 between the Town of Southold and Moffat Farm North, LLC, recorded 11/12/2014, Liber D00012795, Page 469 • Executed Closing (Settlement) Statement • Copy of IRS 1099 issued at closing • Copy of Grantee ALTA Owner's Policy of Title Insurance (6-17-06) as issued by First American Title Insurance Company, Policy No. 5011436-0066559e (title #641-S-04097) • for Peconic Abstract, Inc. on October 30, 2014 in the insured amount of $1,288,384.50 representing the full purchase price of the easement acreage • • Certified Copy of Declaration of Covenants and Restrictions dated October 30, 2014, recorded 11/12/2014, Liber D00012795, Page 470 • Copy of title report #641-S-04097 as marked by title closer during closing • Monitoring Plan I trust you find this documentation sufficient in order to begin processing the Town's request for reimbursement on this project. If you should require anything further from our file, please contact me. My sincere thanks to all of you at the USDA-NRCS that worked so hard to bring this project to its satisfactory conclusion. Sincerely, Melissa Spiro Land Preservation Coordinator • /md encs. cc: Town Comptroller w/ copy of Form 230 and SF -270 0 • • 0 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED OMB APPROVAL NO. PAGE OF (C) 0348-0004 11 2 PAGES REQUEST FOR ADVANCE a.7C'oneorboth boxes 2. BASIS OF REQUEST OR REIMBURSEMENT TYPE OF ❑ADVANCE ® REIMBURSE - MENT ® CASH b. 7C'lheapplicable box a. Total program A / ordate 4 1 PAYMENT $ (See instructions on back) REQUESTED 0 FINAL ❑ PARTIAL []ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO 4. FEDERAL GRANT OR OTHER 5. PARTIAL PAYMENT REQUEST WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST BY FEDERAL AGENCY b. Less: Cumulative program income US Commodity Credit Corp USDA NRCS-FRPP 73-2C31-2-1 BHF 8. EMPLOYER IDENTIFICATION 7. RECIPIENTS ACCOUNT NUMBER 8. PERIOD COVERED BY THIS REQUEST FROM (month, day, year) TO (month, day, year) NUMBER OR IDENTIFYING NUMBER 11-6001939 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check Is to be sent if different than item 9) Name: Town of Southold Name: Number Number and Street: 53095 Main Rd (Rt 25), PO Box 1179 and Street: City, StateSouthold, NY 11971 and ZIP Code: City, State and ZIP Code: 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED 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 AUTHORIZED FOR LOCAL REPROC (Continued on MM STANDARD FORM 270 (Rev. 7-97) Prescribed by OMB Circulars A-102 and A-110 (a) (b) (C) PROGRAMS/FUNCTIONS/ACTIVITIES ► TOTAL a. Total program A / ordate 4 1 $ 1,288,384.50 $ $ $ 1,288,384.50 outlaysto date 11/f 0.00 b. Less: Cumulative program income c. Net program outlays (Line a minus 1,288,384.50 0.00 0.00 1,288,384.50 fine b) d. Estimated net cash outlays for advance 0.00 penod 1,288,384.50 0.00 0.00 1,288,384.50 e. Total (Sum of fines c & d) f. Non -Federal share of amount on line a 694,634.50 694,634.50 g. Federal share of amount on line a 593,750.00 593,750.00 h. Federal payments previously requested 0.00 I. Federal share now requested (Line g 593,750.00 0.00 0.00 593,750.00 rrrinusGne h) j• Advances required by 0'00 month, when requested 1st month 0.00 by Federal grantor agency for use in making 2nd month prescheduled advances 3rd month 0.00 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 AUTHORIZED FOR LOCAL REPROC (Continued on MM STANDARD FORM 270 (Rev. 7-97) Prescribed by OMB Circulars A-102 and A-110 13. 1 certify that to the best of my knowledge and belief the data on the reverse are correct and that all outlays were made in accordance with the grant conditions or other agreement and that payment is due and has not been previously requested. This space for agency use CERTIFICATION OR AUTHORIZED CERTIFYING OFFICIAL Scott A. Russell, Southold Town Supervisor DATE REQUEST 11/14/2014 CODE, NUMBER, EXTENSION) 631-765-1889 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, 119, 11i, 12 and 13 are self-explanatory; specific instructions for other items are as follows: Item Entry 2 Indicate whether request is prepared on cash or accrued expenditure basis. All requests for advances shall be prepared on a cash basis. 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 agreement, insert NIA; then, show the aggregate amounts. On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement. 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code if requested by the Federal agency. 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient. Item Entry 11a 8 Enter the month, day, and year for the beginning and ending of the period covered in this request. If the request 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 11b period for which the reimbursement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete items 11 or 12, but not both. Item 12 should be used when only a minimum amount of information is needed to make an advance and outlay information contained in item 11 can be obtained in a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c) is to 40 provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity. If additional columns are needed, use as many additional forms as needed and indicate page number in space provided in upper right; however, the summary totals of all programs, functions, or activities should be shown in the "total" column on the first page. Enter in "as of date," the month, day, and year of the, ending of the accounting period to which this amount applies. Enter program outlays to date (net of refunds, rebates, and discounts), in the appropriate columns. For requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and services, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to subcontractors and subrecipients. For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the 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 performed by employees, contracts, subgrantees and other payees. Enter the cumulative. cash income received to date, if requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the cumulative income earned to date. Under either basis, enter only the amount applicable to program income that was required to be used for the project or program by the terms of the grant or other agreement. 11d Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made during the period covered by the advance. 13 Complete the certification before submitting this request. STANDARD FORM 270 (Rev. 7.97) Back 11 • R O P E R T Y M4, s • 0 • MOFFAT FARM NORTH, LLC to TOWN OF SOUTHOLD Part of SCTM #1000-55.-2-10.1 Total Development Rights Easement = 20.5222 acres Total Parcel Acreage = 25.5222 acres Reserve Area = 5.0 acres Location: 47775 County Road 48, Southold Closing took place on Thursday, October 30, 2014 r� L MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 N DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: October 30, 2014 Re: MOFFAT FARM NORTH. LLC to TOWN OF SOUTHOLD Part of SCTM #1000-55.-2-10.1 Development Rights Easement MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNER: CONTRACT DATE: PURCHASE DATE: PURCHASE PRICE: EASEMENT ACREAGE: TOTAL PARCEL ACREAGE: RESERVED AREA: LIPA EASEMENT AREA: 47775 CR 48, Southold part of 1000-55.-2-10.1 Moffat Farm North, LLC June 4, 2014 Closing took place on October 30, 2014 $ 1,288,384.50 ($65,000/buildable acre based on 19.8213 buildable acres) 20.5222 acres 25.5222 acres 5.0 acres 0.7009 acre (excluded from purchase price; included within easement area) FUNDING: Community Preservation Fund GRANT AWARD: $593,750.00 — USDA NRCS (reimbursement) MISCELLANEOUS: A Declaration of Covenants & Restrictions was recorded at the time of closing. The Declaration includes restrictions pertaining to access to both the area subject to Easement and the Reserved Area, and to the Reserved Area subdivision. • 0 1 k ry 4 A _. r r.A a IX e , ' f a SITE F�"� r� f 'INQUIRY #: 3935476.4 YEAR: 2009 �EDR r rE = 500' E- 'INQUIRY #: 3935476.4 YEAR: 2008 /�"' ((C - EDR $ - = 500' F�toot K. f r � Y } + �00, a. x.. , a �{` ,�T'�'"' t''� sR}f" � £ .je F P" i "`�,' F f•F l+iF" !f�` .,ate a vrlY' 9s w a + +a r Cd ar: 'INQUIRY #: 3935476.4 YEAR: 2008 /�"' ((C - EDR $ - = 500' F�toot K. k 41 INQUIRY #: 3935476.4 ij YEAR: 1980 � ` CEDR AF = 500' 4w ,: .AN s jrAA ' INQUIRY #: 3935476.4 YEAR: 1976 ' = 500' s } Y e 4 SITE r ' INQUIRY #: 3935476.4 4 N YEAR: 1969`' �EDR = 500' _..rt 40 T?w43 � I 44 e I is ' INQUIRY #: 3935476.4 YEAR: 1960 = 500' 4N (rEDR } s '4:,t PM— 'INQUIRY #: 3935476.4 YEAR: 1954 CEDR ' = 500' f INQUIRY #: 3935476.4 YEAR: 1947 ' = 500 4N (rEDR t Y K �f i i i- SITE INQUIRY #: 3935476.4 � YEAR: 1938 j " N CEDR � � = 500' 4 S U R V E Y 0 • N MAP OF SET OFF E.. BETSEY PARKER DICKER CHES�R M. FILE Nc SUFFOLK CO. TOWN OF SOUTH (DEVELOPMENTAL LOT 2 DEVELOPMENT RIGHTS EASEMENT AREA AREA - 20.5222 ACRES RESERVED AREA AREA - 5.0000 ACRES L.I.P.A. EASEMENT AREA AREA - a 7009 ACRES TOTAL AREA = 25.5222 ACRES OLD NORTH Pn A n SURVEY OF PROPERTY IN SO UTHOLD TOWN OF SO UTHOLD SUFFOLK COUNTY, MY 1000-55-02-10.1 SCALE.- 1'--100' JUNE 17, 2014 JULY 15, 2014 (RESERVED AREA REWSED) SEPT. 9, 2014 (REVISIONS) ANY AL 7E'RA 770N OR ADD171ON TO THIS SURVEY IS A WOLA 770N OF SEC71ON 7209OF 774E NEW YORK STA 7E' EDUCA 77ON LAW. EXCEPT AS PER SEC77ON 7209 -SUBDIVISION 2. ALL CER77FICA71ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR 774E IMPRESSED SEAL OF 774E SURVEYOR WHOSE SIGNATURE APPEARS HEREON. TOTAL PARCEL AREA = 25.5222 ACRES ImmyEF SEP 10 2014 DEPT. OF LAND FINAL SURVEY YORK (641-S-04097) ) THE RESERVED AREA )RTH ROAD (C.R. 27) WERL Y DESIGNATED AS N - YS. LIC. P MORS, P.C. (631) —5020 FAX (631) P.O. BOX 909 1230 TRA VELER STREET SOUTHOLD, N. Y. 11971 1 e NO. 496181 765-1797 KA3 • E R M A P C' • OWNWAF ,► © k cY 1 � , County Deve to me,.' 000 p int O County 000,/ Deveopment~' . ' Rights Moffat Farm North, LLC SCTM #1000-55.-2-10.1 �s�oa OWN i s r.