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Home My WebLink AboutCalabrese 1000-97.-1-p/o 12.8 Baseline Documentation- Premises: 34615 Main Road (NYS Rt. 25) Cutchogue, New York 16.577 acres Conservation Easement JOANNE CALABRESE and JOHN CALABRESE to TOWN OF SOUTHOLD Easement dated April 12, 2016 Recorded May 3, 2016 . Suffolk County Clerk - Liber D00012862, Page 977 Correction Easement dated December 17, 2018 Recorded February 5, 2019 Suffolk County Clerk — Liber D00012999, Page 614 SCTM #: part of 1000-97.4-12.8 Premises: 34615 Main Rd (NYS Rt 25) Hamlet: Cutchogue Purchase Price: $ 190169320.00 (15.88 buildable acres @ $64,000/buildable acre) Funding: Community Preservation Fund (2% land bank) Grant: NYS Agriculture & Markets Grant Awarded - $474,522.00 CPF Project Plan: Yes Total Parcel Acreage: 19.0322 acres Development Rights: 16.577 easement acres Pond & Wetlands Area: 0.697 acres (included in easement acreage but not-in purchase price calculations) Excluded Area #1 2.106 acres Excluded Area 91 0.348 acres Zoned: A-C (Agricultural-Conservation) Existing Improvements: In December 2015 — mostly planted in grape vines; meadow field,woods, pond,wetlands areas on westerly side of easement area; 10' wide road through vineyard INTRODUCTION 16 SITE DESCRIPTION 1 y' Vineyards Location: 34615 NYS Rte. 25 ( Main Road), Cutchogue, NY, on the Northerly side of Main Road approximately 864 feet southwest of Bridge Lane, Town of Southold, County of Suffolk, State of New York. There is approximately 75 feet of frontage along Main Road. Size and Shape: The subject property is a rectangular shaped flag lot comprised of an aggregate land area of 19.028 acres of land, 16.128 of which is the subject of this appraisal of which approximately eight(8)acres is currently established as a vineyard. Adjacent to the northwest of the development rights easement is a two (2) acre Reserve Area improved with a single family dwelling that will be valued separately for purposes of estimating an enhancement to lands owned by the seller. There is also a 0.9 acre pond on site. The parcel lies within the A-C (Agricultural Conservation) zoning district of the Town of Southold. BRUNSWICK APPRAISAL CORP. INTRODUCTION PHOTOS OF SUBJECTPROPERTY ubject Tr y eserve Area se Source: Suffolk County GIS a •i� y.' _ �♦ ► _ � r �\~� � _�~• ` �y � i-.tom. j 2013 Aerial - Y - TY:;�,`'c•' � ..' ii< T.'�S�$ iR. i � i2��p r-tp Y ^1��.T� Facing C T'kt._ �Y <�lk�ty ^•�'A '�' Gl._+��a��L� '�i" j' `�,�'Xr�L� 'IN .... _ � i. L ��^' 'S, f: � { +Ic■1/�'2�L-s� Y = t� " �'Y 1+Mr� Southeast1 Reserve APPRAISALBRUNSWICK CoRp. P p R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, March 18, 2014 at 7.00 p.m. Town Hall Annex Executive Board Room Members Present: Allan Connell Maureen Cullinane Sam McCullough Lillian Ball Anne Murray Eric Keil Members Absent: John Sepenoski, Chairman Also present: Melissa Spiro, Land Preservation Coordinator Bob Ghosio, Town Board Liaison Tim Caufield, Peconic Land Trust Vice President Luke McKay, Peconic Land Trust Commencement: • The meeting began at 7:05 p.m. with six LPC members present. EXCERPT FROM 3/18/2016 ADOPTED LPC MEETING MINUTES Land Preservation Applications and Inquiries: • SCTM#1000-97.-1-12.8 (CALABRESE) At February LPC meeting, LPC asked Melissa Spiro, Land Preservation Coordinator, to,review an alternative design concept with applicant which preserved a portion of the property. Melissa had some questions about the alternative design and reviewed same with LPC. Discussion pertained to whether the Town should pursue preservation of the area of the property not currently farmed and in general area of existing residential dwelling. LPC concluded that they would pursue as long as easement restricted the area from being used for turf grass. Agriculture or meadow area would be allowed. MOTION made by Eric Keil, seconded by Maureen Cullinane, for Melissa Spiro, as Land Preservation Coordinator, to continue review with applicant and if applicant in agreement, and funding available, for Melissa to order an appraisal of the subject property (SCTM#1000-97-1-12 8). Motion carried 6/0 t r APPRAISAL REPORT Development Rights Easement of Calabrese Property 34615 NYS Route 25 (Main Road) Cutchogue,NY 11935 A/K/A Suffolk County Real Property Tax Map: District 1000 Section 97 Block 1 Part of Lot 12.8 DATE OF VALUATION August 14,2014 PREPARED FOR Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971-0959 PREPARED BY Elinor Brunswick,MAI BRUNSWICK APPRAISAL CORP. P.O. Box 674 Rockville Centre,New York 11571-0674 E N V I R O N M E N T A L S U M M A R Y D r l Phase I Environmental Site Assessment Calabrese Property Cutchogue, New York NP&V Job# 15205 I , September 18, 2015 CONFIDENTIAL AND PRIVILEGED fk LJ Phase I Environmental Site Assessment FJCalabrese Property 1_0 SUMMARY ,` The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This f report is intended to identify Recognized Environmental Conditions (as defined in Standard r 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 l personnel. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, fl New York. The subject property consists of a 16.6± acre portion of an overall 19.0 acre tax parcel. The portion of the overall property covered by this report consists of undeveloped land, located on the west side of NYS Route 25. The overall property is more particularly-described as Suffolk County Tax Map .#: 1000-097-01-12.8. The surrounding area is mostly used for --' agricultural and residential uses. • The subject property consists of an irregularly shaped, undeveloped parcel of land that has ! _ mostly flat topography with some topographic change on the western portion of the site near the ponds. Two thirds (2/3) of the eastern portion of the property is utilized as a vineyard and the remaining third is fallow land. Mr. John Calabrese, the property owner, indicated that this portion of the property has been fallow for several years and the property was farmed for vegetables for many years prior to it be utilized as a vineyard. The western half of the property consists ofmeadowlands and a wooded area in the southern portion of the property as well as two (2) small ponds which were used to irrigate the property in the past. There was no evidence, of,any existing or past structures on the subject property. LT Old farming equipment (a truck and the steel frame) were observed in the wooded area in the southwest portion of the property. No other debris or dumped refuse was observed on the subject property. There was no evidence of any staining, storage tanks, discharge, areas of stressed vegetation, residue of oils or other toxic substances, pools of discharge, petroleum or chemical odors, or { other such indicators noted during the site reconnaissance. C! Sanborn map coverage was not available for the area of the subject property. Aerial photographs from 1938, 1940, 1947, 1954, 1957, 1962, 1969, 1970, 1976, 1985, 1994, 2006, 2008, 2009 and 2011 were reviewed in order to determine if any prior uses occupied the subject property. A review of the aerials revealed that the subject property has always been farmland. The surrounding area appeared to be all farmland in all of the aerials as well. W. 21- NELSON POPE 6 VOOP,HIS LLC ENVIRONMENTAL• PLANNING•CONSULTING f Calabrese Property,Cutchogue Phase I ESA The USGS Shelter Island and Southold Quadrangle Maps dated 1904, 1943 and 1956 were reviewed. The scale was too small to determine if the subject property contained any i improvements in the 1904 topographic map. Review of the remaining topographic maps revealed that the subject property was vacant, farmland 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. 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 Site (IHWDS) is located within one (1.0) mile, no active and one (1) closed LUST incident and, two (2) active and nine (9) closed spill incidents are located within one-half (0.5) mile of the subject property. In addition, two (2) Petroleum Bulk Storage (PBS) facilities, r are located within one-quarter(0.25)mile of the subject property. I 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. 1� I 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: Uparadient 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 I _ Review of the regulatory agency database report provided for the subject property revealed that no sites were located within the critical distances. Based on the information reviewed, it is +, concluded that a VEC cannot be ruled out. I- ! This assessment has identified the following with respect to recognized environmental conditions, controlled 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 N SLSON POPE 6 VOCRHIR LLC NVI ERONMENTAL. PLANNING•CONSULTING Page 2 of 28 f Calabrese Property,Cutchogue --. Phase 1 ESA I ' � 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. f No de minimus conditions were noted on the subject property based on the site reconnaissance, p p Y interviews and regulatory agency records review. j 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 Calabrese Property f located in Cutchogue, 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 any evidence of recognized environmental conditions, controlled recognized environmental conditions, de minimus conditions or historic recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. r i f I L ' I� f D L LJ I- I tZ NELSON POPE 6 VOOaHIS LLC ENVIRONMENTAL• PLANNING•CONSULTING Page 3 of 28 �S { • Calabrese Property,Cutchogue Fallow field on east side of property looking south Vineyard and fallow field looking from southern property boundary ,r T �S w' Meadow area on west side of property Old farm equipment Calabrese 1Cutchogue Typical view of wooded area Old farm equipment _i i Ennt .uthoyue 1� P� kn N r�es! Ln Sources:Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN,Esri Japan, METI, Esri China(Hong Kong),Esri(Thailand), TomTom, Mapmylndia,©OpenStreetMap contributors,and the GIS User Community FIGURE 1 Calabrese Property LOCATION Cutchogue N INLSUV *-NS EM/RWAENTAL.PLANNING.CONS_A.T NGSource: ESRI Web Mapping Service Phase I ESA Scale: 1 inch = 500 feet L - 4 " 99 A_ " v V �f � a < s F < � R w � ��F j •:y,yll �'r�* �Fes' � J � FIGURE 2 ACalabrese Property AERIAL PHOTOGRAPH Cutchogue III N EN�R0. �rG•CCNSJLTNG Source: NYS Orthophotos, 2010Jt �V"� Phase I ESA Scale: 1 inch = 200 feet { "'.f7 4t 1� ✓, 4 �y l 0 ' . sk • � � l1l:JJ y w y .V • f �. • w • f 0 I 2� 10r.. �+iii. :� I #! •S •+► .,r,. ,, Ali NIL- Oh FIGURE 3 1� LAND USE MAP Calabrese Property Cutchogue III N NELSON. bVLX*'"'S.LLC: Source: NYS Orthophotos, 2010 ENVIROWIENTI�L PLMI�ING CONSJLT NG � � Phase I ESA Scale: 1 inch = 500 feet f � f ZoorlplIlm AC Apricuiturd Conow dlon sp R�0 Midantial Low Dwr M R-80 Residential Low Derrity A ,- R-110 Raaidentiai Low Dernity \ ._ 8.200 Residential Low Density C i R4100_ Residential Low Density D F\ / - FD Hamkt Density Residential AFD Affordable Housing Distnct RR ResorVResidential RO Residenuai/Office FIB Flamkt 2urness / L6 Owli ed Business Gerterall3usiness _ 1 \ � MI_ Aiarra I i MB Marino II - j LIO LVM IndustnaVOffce Park LI UgM Industrial FIGURE 4 ZONING Calabrese Property f PATI Cutchogue IVELb'ON.f'Of�ti VL7=FWtlS'.LLC; Source: Town of Southold Zoning, N EWAOINIENTAL•PLANNING.CCNS.ITNG sheet 1 - Phase I ESA Scale: 1 inch = 1,000 feet mC H A est CpE �P �h HaB HaB is RdB 1 Gp i y �m RdC HaA PIC R B Sources:Esm, HERE, DeLormeIfUSGS, I termap,incr+ment F-Co p., NRCAN,Esri Japan, METI, Esri China(Hong Kong),Esri(Thailand), TomTom, Mapmylndia,©OpenStreetMap contributors,and the GIS User Community FIGURE 5 yA SOIL MAP Calabrese Property Cutchogue �II Source: ESRI Web Mapping Service, NRCS N ENVIR N. IENT L'/IX.]-1N15.LLC: A ENVIROWtENTAL•R.Mf�ING•CONSJLT NG soil layers SIV'r Phase I ESA Scale: 1 inch = 300 feet Oak "N" Y $ ` °• t to OF A • 4 „f 4L do • , , ♦ � r • 1st a e t • , • ♦a � •� - 'err • � • { +• ! �`� 1� '!, a 0000 a y • F W • I►0 • �• � ♦ �w + s ID Ob 6 C- U s 040IL ♦ P ♦ A • � ! � • ► ♦ � ar � • � ! ! •+! •fir ' f • • t ♦� r M • �, _ ♦ Copyright©2013 National;eogra`hic Society i-cubed FIGURE 6 1I TOPOGRAPHIC MAP Calabrese Property Cutchogue ill N NtLSUN b/SIS LLL: Source: USGS topo from ESRI web map serviceI ENVIROVv1ENTAL•PLANO PLANNING•CNS-,LT NG -�= Phase I ESA Scale: 1 inch = 500 feet 11 yeah � Peconlc F F op C4-, '..r o°d o�c RN moo° Caere G° c`y RrrrR a 5 FT r �6 s K\e\C f 1p B I uq: u¢ East N Cutcholu• p e�e a O aY N act Cutchogua 4° Stawn Eugene,Rd �a Iver L O Coir _ 3 ♦\eeQy Oe O(a V u LOPe° Q` a e°`�,c MoOse eft 0`�e� Nassa RgiO6 °N c i eQQd Farm qY [m°:Y Ko S e 0a Rr� s Q4„ S,i, Ea_f f�e. N NiSSiU (a v a sy 4f-e 'woes _ Point � e qee o \ o 0 9`a o° h` RO ry S/ Je+4Le yQc yoyr S Cutchogue °ya aOa Z 6Rd C R � Fteetw°° A o n 90 aey `tea Sources:Esri, HERE, DeLorme,,USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China'(Hong Kong),Esri(Thailand), TomTom, Mapmylndia,©OpenStreetMap contributors,and the GIS User f:eA:f p�2y a :;<w ckm Community FIGURE 7 t WATER TABLE Calabrese Property II' CONTOUR MAP Cutchogue Source: ESRI Web Mapping Service, USGS N NtLSUN.F L*1,S'VQLX'HIS.LLL: ENVIROWIENTAL.R-Art ING.CONSITNC. Scientific Investigations Map 3270, 2010 data Phase I ESA Scale: 1 inch = 2,000 feet +1 L a if 10 FN V 111111h, ar A IL Ib 11117 *6 1% 10 111 iga Ir NP6* ■ J i i ti W fr. qC 9 ! • 7Slllll� ! 4 P ! L �� '�' Mill Lane ��' i q Well Field V 410 W 0 at Fir t ! ! in A A* ''OA 10 JL L.^PM N I&I IP r is 9 This pr perty not ! kg6o 4 ! ! within Suffolk County Ater Authority servile II b 'tdl?Nvd1r (it iS aajacent'to distrib Evergreen Dr X ♦ r ! Depot Lane '� ; area ! �0) Well Field In ti4 i �� , { A +i i l 1, * 10 9 S..rcesaEs RE, DeLorrne, USGS, Intermap, incr°men Carp Ih } N AN�,rEsr,�ap�an�,�ETI, E-sn China(Hong Kong),Esr h'ail•jd), V jr F T m 11 , Wlaprnylndia,'c OpenStreetMap contributors,and h IS ser • ! ii; 1n mill, FIGURE 8 WATER SUPPLY MAP Calabrese Property Cutchogue Source: ESRI Web Mapping Service, well N NELSON.0ENT L VOLAPSSI LLC: EN\.•iR0�fv1ENT/LL.FL/M.�NG.=ONS1.l'NG data from SWAP 2003 and SCWA Phase I ESA Scale: 1 inch = 2,000 feet NYSDEC Fresh Wetlands "aeF. NYSDEC Tidal Wetlands Catergory AA-Adjacent Area DS Dredged Spoil FC-Formerly Connected FM-Fresh Marsh HM-High Marsh ® IM-Intertidal Marsh LZ-Littoral Zone SM-Shoals, Bars, Mudflats h� 1 �i. .,y East S Cutchotue s 7S P1 O a�n C \ FCs&53 SO-53 F:„urn FM .: ” 10 ..d.y',:::��.'•'•. .•tib I '4� D'•'.:.,t el In 4 SO-54 - NYSDEC identifier *�a�np. Moose Q R. Sources:Esri, HERE, DeL. aS, Intermap,increment P Corp., NRCAN, Esri Japan, ME 1, Esri Gina(Hong Kong), Esri(Thailand), Tom-rom, Mapmylndia,©OpenStreetMap,contributors,and the GIS User qc Community m°,y K FIGURE 9 NYSDEC Calabrese Property WETLANDS MAP Cutchogue Source: ESRI Web Mapping Service, NYSDEC `'"' N E" °„"�"Ta�' °"„"„"'�'�°"S�`T"� Freshwater Wetlands Maps �I/V'p Phase I ESA Scale: 1 inch = 1,000 feet E1 UBL Estuarine and Marine Deepwater E2EM1P Estuarine and Marine Wetland E2EM1 Pd Estuarine and Marine Wetland PEM1Ax E2EM5Pd Estuarine and Marine Wetland E2SSIP Estuarine and Marine Wetland PEM1C Freshwater Emergent Wetland PSSIC Freshwater Forested/ShrubWetland PUBHx Freshwater Pond ti PUBHx East Cutch op- " PUBHx PF01R PUBV E2SS1P e� E2EM5Pd PF01C 4'N PUBH 9°^es PF01S E1UBL E2EM1Pd E2SS1P E2EM1P E2EM1P PUB i~ E1AB1L a E2EM5P o E2SS1P E1UBL @° o ' PUBHx E1AB1L a PUBHx M6'oE2EM1P a E1ABL << ��,o �3s e� E1UBL Sources. Esri, HERE, DeLorme, USGS�Ilntermap,increment P Corp., NRCAN,Esri Japan, METI, Esri China(Hong Kong), Esri(Thailand), TomTom, Mapmylndia,©OpenStreetMap contributors,and the GIS User Community E2EM1P FIGURE 10 NATIONAL WETLANDS Calabrese Property INVENTORY MAP Cutchogue NLLSUNPL�6VLX-*�HS.LLU Source: ESRI Web Mapping Service, National " ENVIR01Jv1ENTAL. PLMlVN..cONSJ TNG Wetlands Inventory Map (NWI, USF&WService) � Phase I ESA Scale: 1 inch = 1,000 feet X500 e `aa a A AE AH AO AREA NOT INCLUDED e� OPEN WATER PPS X " VE v Q ? P(T ANNUAL CHANCE FLOOD HAZARD AE ti o r, g *goose Sources:Esri, HERE, DeLorme, USGS, Intermap, increment P Corp , s>„ NRCAN,Esri Japan, METI, Esri China(Hong Kong),Esri(Thailand), TomTom, Mapmylndia,©OpenStreetMap contributors,and the GIS User Community FIGURE 11 w FEMA FLOOD MAP Calabrese Property Cutchogue N NELSON. b VLXY--«S,LL� Source: ESRI Web Mapping Service FEMA EM•IROWIENTAL•PL.Mf�ING CIXVSJL.T NG � Phase I ESA Scale: 1inch = 1,000 feet +1 P U B L I C H E A R I N G RESOLUTION 2015-592 �a ADOPTED DOC ID: 10965 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-592 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30,2015: 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, July 14, 2015, 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 John &Joanne Calabrese. Said property is identified as SCTM#1000-97.-1-12.8. The address is 34615 Main Road(NYS Rt 25) in Cutchogue. The property is located in the A-C zoning district and is situated on the northerly side of Main Road(NYS Rt 25) approximately 1550 feet westerly from the intersection of Main Road(NYS Rt 25) and Bridge Lane in Cutchogue,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.61 acres (subject to survey) of the 191 acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may be eligible for partial funding from an awarded grant from the New York State Department of Agriculture and Markets. The purchase price is $64,000 (sixty-four thousand dollars)per buildable acre for the 16.6±acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell r LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,July 14, 2015, at 7:32 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearin$t for the purchase of a development rights easement on property owned by John & Joanne Calabrese. Said property is identified as SCTM#1000-97.-1-12.8. The address is 34615 Main Road (NYS Rt 25) in Cutchogue. The property is located in the A-C zoning district and is situated on the northerly side of Main Road (NYS Rt 25) approximately 1550 feet westerly from the intersection of Main Road (NYS Rt 25) and Bridge Lane in Cutchogue,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.6± acres (subject to survey) of the 19± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may be eligible for partial funding from an awarded grant from the New York State Department of Agriculture and Markets. The purchase price is $64,000 (sixty-four thousand dollars)per buildable acre for the 16.6± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. Dated: June 30, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk Please publish on July 9, 2015 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 Pres SOUTHOLD TOWN BOARD PUBLIC HEARING July 14, 2015 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 Bill Duffy This hearing was opened at 8:30 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 14, 2015, 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 ritZhts easement on property owned by John & Joanne Calabrese. Said property is identified as SCTM #1000- 97.-1-12.8. The address is 34615 Main Road (NYS Rt 25) in Cutchogue. The property is located in the A-C zoning district and is situated on the northerly side of Main Road (NYS Rt 25) approximately 1550 feet westerly from the intersection of Main Road (NYS Rt 25) and Bridge Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.6± acres (subject to survey) of the 19± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may be eligible for partial funding from an awarded grant from the New York State Department of Agriculture and Markets. The purchase price is $64,000 (sixty-four thousand dollars) per buildable acre for the 16.6± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business Calabrese DRE Public Hearing page 2 July 14, 2015 hours. Tonight is that hearing and I do have in front of me a letter from the Planning Board office, Principal Planner Mark Terry who is also the LWRP coordinator. `This action has been reviewed to Chapter 268, the Waterfront Consistency Review of the Town of Southold Town Code and is consistent with the policy standards. It is therefore consistent with the LWRP.' I have here a sworn affidavit that this notice was affixed in the public place in the Town Clerk's office and on the bulletin board. And I also have a letter here stating that this was noticed and advertised in the newspaper, the Suffolk Times. And that is all I have. SUPERVISOR RUSSELL: Would anyone like to comment on this particular public hearing? Melissa? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. The property we are talking about is outlined in red on the map in front. There has been significant farmland preservation efforts in this area as can be seen on the map. Every property that is labeled with white is either town or county farmland, preserved through the town and county farmland programs for agriculture. The Calabrese farm was considered a very high priority for preservation due to its location within this already existing large block of preserved farms. With the exception of a small pond area on the property, the soils are all prime agricultural soils which are good for agriculture. When the State's request for proposals for the last round of funding, the first round of funding in the last five years, was announced, this project was considered a good potential candidate. It was one of, I believe, 17 or 18 projects within the State of New York that received funding from the New York State Ag and Markets. The State has a cap of$29,000 an acre, so the State's award amounts to the State contributing $29,000 an acre and the Town contributing the rest for the negotiated purchase price. The landowners house, which is also existing on the farm, will be excluded from the easement area. That is shown with the white dotted line. And there is a small area by Main Road which is also being excluded. The area by Main Road was excluded to avoid potential conflict because the adjacent retail winery owns both properties on both sides and uses that for events and retail uses. The Town is using Community Preservation funds for the acquisition. As I noted, with the partial reimbursement from the State. We thank the landowners for giving us the opportunity to preserve the farm and certainly for their patience while we have been working with the State and we'll continue to work with the State to make sure the project is eligible for the funding. Both the Committee and I support the Town Board proceeding with this acquisition and we thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this particular acquisition? (No response). This hearing was closed at 8:35 PM Elizabeth A.Neville Southold Town Clerk S E Q R A P iT R C H A S E R E S O L U T I O N RESOLUTION 2015-663 �Qa ADOPTED DOC ID: 11001 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-663 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: 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 John & Joanne Calabrese on the 14'h day of July, 2015, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-97.-1-12.8. The address is 34615 Main Road (NYS Rt 25) in Cutchogue. The property is located in the A-C zoning district and is situated on the northerly side of Main Road (NYS Route 25) approximately 1550 feet westerly from the intersection of Main Road (NYS Rt 25) and Bridge Lane in Cutchogue,New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 16.6 acres (subject to survey) of the 19± total parcel acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the New York State Department of Agriculture and Markets. The purchase price is $64,000 (sixty-four thousand dollars) per buildable acre for the 16.6± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, Resolution 2015-663 Board Meeting of July 14, 2015 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 John & Joanne Calabrese, identified as part of SCTM #1000-97.-1-12.8. 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: 7/14/2015 3:08-PM by Lynda Rudder Page 2 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed by A 3plicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME-YptRj*Top IJW CALF-V Me Se>cst o TUWti) 2D —CowrJ�U%Ct4 �,E OS �eJ. '?—%Otk'K FASEMMNt , 3. PROJECT LOCATION: Municipality '--X:�Lr'-tV0u>\v W v County S U F FO Ltc 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) SCT'ih+t 1000 -0(7.- 12•�i '[O 346(5 (AAtweo-PpI CtSvC t4oCt G7 5. PROPOSED ACTION IS: Modification/alteration ® New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: 1 S -I—ow,/ ?w&6W air �pu��o�rn4 ��S ice!$ @4tev�•s R I��l��,Y acre 7. AMOUNT OF LAND AFFECTED: R � Initially`' acres Ultimately — b. acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? NResidential [_] Industrial ©Commercial ©Agriculture 11 Park/Forest/Open Space ® Other Describe: �j Gp}oOtr> 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ®Yes No If Yes,list agency(s)name and permit/approvals: N.Y.S. of Pi61V1Gut:1VC6 -%- 0P'MIC0-rs 'Py2014 EMWCAA0?'RVrECr((3N CfWNrr 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes W No If Yes,list agency(s)name and permit/approvals: 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ''® No CERTIFY THAT THE INFORMATION PROVIDED AABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantisponsor name: L l,;Oo Sp llzo) L Afn T1i:rseg U -t mw CowtiNmye Date: w7f Signature: ` If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER a 1 PART II - IMPACT ASSESSMENT To be completed by Lead Agency) DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes © No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes F'�;f 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: Nb C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: 90 C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: WU C4. A�� 11community 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: N'j C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly. C6. Longterm,short term,cumulative,or other effects not identified in C1-05? Explain briefly: (iv C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: tic? D- WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? E] Yes © No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 Yes a No If Yes,explain briefly: PART 111-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability.of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determinationof significance mustevaluate the potential impact of the proposed action onthe environmental characteristics of the CEA. ElCheck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FULt EAF and/or prepare a positive declaration. ® Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WI Lt NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Sur N O-D 1—pwAJ \>O A It Name of Lead Agency Date u%SO Sy1:'E2c.tsv2 Print or Type Name vfAesponsib, fficer in Lead Agency Title of Responsible Officer SignaW of Responsi a Officer in Lead Agency Signature of Preparer different from responsible officer) MAILING ADDRESS: PLANNING BOARD MEMBERScqf SUyoSo P.1Box 1179 11971 DONALD J.WILCENSKI �® lQ Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY ® �O 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR lycouN 1,� Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PI.ANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM IDIECEN LIM To: Town of Southold Town Board JUL 10 2015 From: Mark Terry, Principal Planner LWRP Coordinator S PRESERVATION LAND ! Date: July 10, 2015 Re: Proposed Development Rights Sale by John &Joanne Calabrese - SCTM #1000-97.-1-12.8 Zoning District A-C Location: northerly side of Main Road (NYS Rt 25) approximately 1550 feet westerly from the intersection of Main Road (NYS Rt 25) and Bridge Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.6±acres (subject to survey) of the 19±acre parcel.The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, agriculture, and wetland protection purposes. 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: Bill Duffy,Town Attorney Melissa Spiro, Land Preservation Coordinator c L 0 s r N G S T A T E M E N T CLOSING STATEMENT JOHN CALABRESE and JOANNE CALABRESE to TOWN OF SOUTHOLD part of SCTM #1000-97.-1-12.8 Total Development Rights Easement— 16.577 acres -Total Parcel Acreage— 19.0322 acres Excluded Area #1 - 2.106 acres Excluded Area #2 — 0.348 acres Pond & Wetlands Area — 0.697 acres (included within easement but not in purchase price calculation) Premises: 34615 NYS Route 25, Cutchogue Closing took place on Tuesday, April 12, 2016 at 11:00 a.m., Southold Town Hall Annex ------------------------------------------------------------------------------=-------------------------------- Purchase Price of $ 1,016,320.00* (based upon 15.88 buildable acres @ = . $64,000 per buildable acre) disbursed as follows: Payable to John Calabrese & Joanne Calabrese $ 869,609.80 k' (4/12/2016) Payable to Home Equity Service Center $ 146,155.20 (4/12/2016) mortgage pay-off. Payable to Stewart Title Insurance Company $ 305.00*`* (4/12/2016) recording mtge sat Payable to Patricia Fallon $ 250.00*** (4/12/2016)_mtge sat pick up fee $ 1,016,320.00 *This project eligible for an awarded NYS Agriculture$Markets grant in the amount of$474,522.00 *"This amount-included in Town check to title company ***This amount included in Town check to title closer Expenses of Closing: Appraisal Payable to Elinor Brunswick, MAI $ 3,000.00 (919/2014) Survey Payable to Peconic Surveyors, P.C. $ 4,250.00 (1/5/2016) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,100.00 (10/20/2015) Title Report - , Payable to Stewart Title Insurance Company $ 6,515.00 - (4/12/2016) Title insurance policy . $::.. :4570 Recording easement,'. $.• - 670 Patriot Search $ 40 Bankruptcy Search $ °d . :40 Recording C&R's $ 330 Recording Access Easement $ 335 Certified copies 225 $ 6210$ Sellers' Expense Mtge Sat rec 305 $ 6515 Title Closer Attendance Fee Payable to Patricia Fallon $ 400.00 (4/12/2016) Title closer attendance fee $ 150$ Sellers' Expense mtg pick-up 250 $ 400 $Town's actual expense Town's Special Counsel - Attorney Fees (Lisa Clare Kombrink, Esq) Payable to Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP $ 7,238.00 Invoices No. 9521-27M Dated 4/12/2015 $ 132 Dated 5/12/2015 $ 462 Dated 6111/2015 $ 704 Dated 7/9/2015 $ 264 Dated 8/10/2015 $ 1562 Dated 9/15/2015 $ 286 Dated 10/9/2015 $ 66 Dated 1/11/2016 $ 638 Dated 2/17/2016 $ 858 Dated 3/17/2016 $ 616 Dated 4/8/2016 $ 1650 Those present at Closing: Scott A. Russell Southold Town,Supervisor Martin D. Finnegan, Esq. for Lisa Clare Kombrink, Esq. - Atty for Town of Southold John Calabrese Seller. Joanne Calabrese Seller. . J. Kevin McLaughlin, Esq. Attorney for Sellers Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst M kand Preservation Coordinator' Ma in innegan, Attorney for Town of Southold ohn Calabrese, Seller o nne Calabrese, Seller 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 Armand Brunswick,MAI _ Elinor Brunswick,MAI 1881-1960 State Certified General Appraisers August 24, 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: Calabrese Property 34615 NYS Route 25 (Main Road), Cutchogue, NY Tax Map #1000-97-1 p/o 12.8 INVOICE Real Estate Appraisal $3,000 RECENED CEWEO AUG 2 9 2014 DEPT OF LAND PRESERVATION PECONIC SURVEYORS, P.C. Invoice SOUTHOLD, NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET t2i16i2o1s 2494 Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPARTMENT PO BOX 1179 SOUTHOLD NY 11971 P.O. No. Terms Project 15-202 Due on receipt Quantity Description Rate Amount 1 SURVEY FOR CALABRESE TO TOWN OF SOUTHOLD,SCTM#1000-97-01-12.8 4,250.00 4,250.00 34615 RT 25,CUTCHOGUE. REC�ENE0 D EC 1 6 2015 DEPT.OF LAND PRESERV TfON We appreciate your prompt payment. Total $4,250.00 Phone# 1 631-765-5020 r Invoice Nelson Pope&Voorhis,LLC 572 Walt Whitman Road Melville,NY 11747 (631)427-5665 October 01,2015 Melissa Spiro Project No. V15X190.001.000 Town of Southold Dept of Land Presery Invoice No 12094 Town Hall Project Manager Steven McGinn 53095 State Rt 25, PO Box 1179 Southold,NY 11971 Project V15X190.001.000 Calabrese Property,Cutchogue Professional Services Phase SA Site Audit Task 1300 Phase I ESA PO#29036 Dated September 4,2015 Phase I Environmental Site Assessment Work Performed. 9/11 -9/22/15 Fee 1,100.00 Total this Task $1,100.00 Total this Phase $1,100.00 Total this Invoice $1,100.00 nD fl llLis .E�'1J;1S1J.'..'. _ OCT OF LAND P?L SCWA,TION z - , All invoices are due net 30 days A late charge of 1%per month will be added to any unpaid balance after 30 days. stew art i n Real partners. Real possibilttlers.n•' I WOICE 1 -' INVOICE NUMBER: 25853 DATE: 4/11/2016 TITLE NO.: 1524684 TITLE CLOSER: Fallon,Pat APPLICANT/CLIENT: Southold Town-Dept.of Land CLOSING DATE/TIM: 4/12/2016 11:00 AM Preservation CLOSING LOCATION: Town Hall Annex-Land Preservation LENDER'S ATTORNEY: NONE Department SELLER'S ATTORNEY: Law office of J.Kevin 54375 Route 25 McLaughlin Southold NY 11971 OWNER'S POLICY NO: 0-8911-731523 TRANSACTION TYPE: Development Rights PROPERTY ADDRESS: 34615 (NYS Route 25)Main Road SALES PRICE: $1,016,320.00 ,Cutchogue NY 11935 COUNTY: Suffolk District: 1000 Section:097.00 Block:01.00 Lot:012.008 PROP TYPE: Vacant Land-Commercial PURCHASER/BORROWER: Town of Southold SELLER(S): John Calabrese Joanne Calabrese B Gn'�. PREMIUM: Fee Insurance(Liability Amount:$1,016,320.00) $4,570.00 $4,570.00 ENDORSEMENTS: SEARCH FEES: Bankruptcy Search $20 each) $40.00 $40.00 Patriot Search $20 each) $40.00 $40.00 RECORDING FEES: *** (Please add$5 for each add'l pg if greater than pg count shown Satisfaction(s)/Termination(s)(Based on 3 pgs plus cross ref $305.00 $305.00 where applicable) Recording Fees $1,560.00 $1,560.00 -Conservation Easement with TP584&RP5217(23 pgs): $670.00 -Declaration of Covenants and Restrictions(7 pgs) $$330.00 -Access Easement(6 pgs)w/TP584$335.00 -Certified copies of all three documents:$225 TAXES: RANSFER/MANSION/MORTGAGE) NYS Transfer Tax(usually paid by seller) - NOTE: ** PENALTIES&INTEREST WILL ACCRUE IF NOT RECEIVED BY NYS DT&F WITHIN 15 DAYS OF DATE OF DELIVERY.($4,066.00) EXEMPT-See exemption claimed on Transfer Form Peconic Bay Regional Town Transfer Tax($18,826.40) ** EXEMPT-See exemption claimed on Transfer Form ADDITIONAL: Additional Fee-(For Information:Title Closer Service-Please make pavable directly to closer. If required) $200.00 Additional Fee $250.00 $250.00 Closer Pay-off/Pick-up Fee-Payable Directly SUBTOTAL: $6,765.00 $6,210.00 $555.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 " TOTAL: $6,765.00 $6,210.00 $555.00 $0.00 RECEIPTS NEW YORK METRO 800-853-4803 212-922-1593 fax 711 Westchester Avenue-Suite 302 300 East 42nd Street,10th Floor 100 Motor Parkway,Suite Stewartnewyork.com White Plains,NY 10604 New York,NY 10017 Hauppauge,NY 11788 Pagel of 3 R E C O R D E D C O R R E C T I O N E A S E M E N T IIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIVIIIIIIIIIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/05/2019 Number of Pages: 25 At: 12 : 07 : 16 PM Receipt Number : 19-0025170 TRANSFER TAX NUMBER: 18-22383 LIBER: D00012999 PAGE : 614 District: Section: Block: Lot: 1000 097 . 00 01 .00 012 .008 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125 .00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $5 .00 NO Notation $0 .50 NO Cert.Copies $31 .25 NO RPT $200 .00 NO Transfer tax $0 .00 NO Comm.Pres $0.00 NO Fees Paid $401 .75 TRANSFER TAX NUMBER: 18-22383 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County RECEMED APO - 3 2019 LAND PRESERVATION DEPT i own of Southold Number of pages REF',-IRDEED <019 ,eb Li= 12:011:16 P11 i JUDITH P. PPSCALE This document will be publicC`ERK OF ';UC:Cf1V C OUH T Y record. Please remove all L L,i,Di i2�gy Social Security Numbers P 614 prior to recording. DTn 18-227,85 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee — Mortgage Amt 1.Basic Tax Handling 20 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation w or ((\\ EA-52 17(County) Sub Total �J' Spec../Add. EA-5217(State) TOT.MTG TAX 1 _ Dual Town Dual County R.P T.S.A Held forAppointme t Comm.of Ed. 5 00 �. � Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is Certified Copy 0or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total CX YES orNO Other, / GrandTotal v If N0, see appropriate tax clause on page# of this instrument. 4 Di 3806949 1000 09700 0100 IC)012008 .008 5 Community Preservation Fund Real PfC PTS 111111111M111 CPF Tax Due Amount$ ,4 Tax Ser R LPA Agen 30-JAN-19 Venficz - -// -"------- — ---- Improved 5 Satisfactions/Discharg s0elea&RETURNTO yOwners Mailing Address Vacant Land Lisa Clare Kombrink, Esq. 33 W.Second Street TO C) Riverhead, New York 11901 TD TD I Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 4KI- www.suffolkcountyny.gov/clerk Name S I-r-�W H' www.suffolkcountyny.gov/clerk Title# 9f l9 q 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Correction Easement made by: (SPECIFY TYPE OF INSTRUMENT) John and Joanne Calabrese The premises herein is situated in SUFFOLK COUNTY,NEW YORK. i TO In the TOWN of Southold Town of Southold In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. I over . i ' f Correction Easement4 ZndpS�c��XIZOI�G^� e XeuA THIS CORRECTION EASENT("Easement") isrgranted this 04[�- day of 2018, by Joanne Calabrese and John Calabrese;Faith an address at P.O. Box 787, Cutchogue,New York 11935 (the "Grantor") to_the Town of Southold, a New York municipal corporation having its principal office at 53095 Main Road, P.O. Box 1179, Southold,New York 11971 (the "Grantee"):`This is a correction Easement to correct two omissions and one error in the original Conservation Easement(conveyed by Grantor on April 12, 2016, and recorded on May 3, 2016 in the office of the Clerk of Suffolk County / at Liber D00012862, Page 977): (1) insert a reference to "Appendix 1" in Section 29 ("Interpretation"), (2) the insertion of"Appendix 1: Department Clauses"immediately preceding Exhibit A, and (3) the deletion of bold italics text from the signatures page that is deemed to be irrelevant to this Conservation Easement. ?�-1 L S R4- ZS CL4CGka9 u-e. �"l WHEREAS: A. Grantor is the owner of certq* real property (the "Property") consisting of 16.577 acres, in one tax map parcel(s) located or34615 NYS Route 25, Cutchogue, in the Town of Southold, Suffolk County,New York, and designated as part of SCTM#1000-97-1-12.8, and more fully described in the legal survey description of the property ("Exhibit A") and as depicted on a reduced copy of the survey of the Property prepared by Peconic Surveyors, P.C. dated November 23, 2015 and last revised December 15, 2015 ("Exhibit B"), both attached hereto and made a part hereof, to be filed with the Suffolk County Clerk simultaneously herewith; B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law, §64 of Town Law and Article 49, Title 3 of the Environmental Conservation Law("ECL") to acquire conservation easements; C. Article 14, Section 4 of the New York State Constitution states: "The policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" D. Section 49-0301 of the ECL states: "The legislature hereby finds and declares that in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, the preservation, development and improvement of agricultural and forest lands, ..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" Page 1 of 22 E. Section 300 of Article 25-AA of the New York State Agriculture and Markets Law(the "AML") states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results. ... Itis, therefore, the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products. ... It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" F. Article 25-AAA, Section 321 of the AML states: "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and environmental and landscape preservation values associated with agriculture," the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; G. The Property is located within Suffolk County, which adopted an Agricultural and Farmland Protection Plan in 1996. The Plan recommends the continued preservation of productive farmland through the purchase of development rights. In addition, the Plan sets forth the following goals: to preserve agriculture as an important industry in Suffolk County, preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm families. The plan seeks to preserve 20,000 acres of productive farmland through the purchase of development rights and to ensure that public policy protects, promotes and sustains agriculture; H. The Property is located within the Town of Southold, which adopted the Southold Town Farm and Farmland Protection Strategy, dated January 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively; 1. The Property consists primarily of productive agricultural land. The Property contains approximately 16 acres of prime soils, as defined by the U.S. Department of Agriculture Natural Resources Conservation Service; J. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. Page 2 of 22 NOW,THEREFORE, in consideration of the foregoing, One Million Sixteen Thousand Three Hundred Twenty& 00/100 Dollars($1,016,320.00) and the mutual covenants,terms, conditions and restrictions contained herein,the parties agree as follows: 1. Grant of Conservation Easement. Grantor hereby grants and conveys to Grantee a conservation easement(the"Easement"), an immediately vested interest in real property defined by Article 49 of Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform,nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose. The Purpose of this Easement is to conserve Viable Agricultural Land by preventing the conversion of the Property to non-farm uses, except for those allowed herein. In achieving such prevention the Property shall be forever reserved for continued Agricultural Use. 3. Implementation. This Easement shall be implemented by limiting and restricting the non-agricultural development and non-farm use of the Property in accordance with its provisions. The Property remains subject to all applicable local, state and federal laws and regulations. This Easement and the administration of its provisions shall not unreasonably restrict or regulate the Farm Operation on this Property in contravention of the purposes of Article 25-AA of the AML. 4. Definitions. 4(a). "Agricultural Use" shall be defined as those activities necessary to: (i.) produce"Crops, Livestock and Livestock Products"; or (ii.) use the Property as a"Farm Operation"to the extent permitted by this Easement; or (iii.) be actively enrolled in any federal or state or local program whose intent is to temporarily suspend(for a specified period of one or more years or crop seasons) the production of Crops, Livestock and Livestock Products for the stipulated purpose of soil and water conservation, wildlife habitat, or similar conservation purpose; or J (iv.) manage the Property or a portion thereof in a fallow or otherwise idled manner provided such management is described in a Conservation Plan. 4(b). "Conservation Plan" shall be defined as an Agricultural Environmental Management (AEM) Conservation Plan(Tier 3 or higher), or such equivalent document that has been prepared by the local Soil and Water Conservation District, or other qualified conservation professional, in cooperation with the Grantor. Page 3 of 22 1 ? 4(c). "Crops, Livestock and Livestock Products" shall be defined pursuant to Article 25- AA of the AML, or such successor law as enacted or amended. In the event that this definition or all of Article 25-AA (and all such successor laws) shall be repealed, then the definition existing at the time of repeal shall serve thereafter. 4(d). "Farm Labor Housing" means dwellings or structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm owner and/or operator, the worker is an essential employee of the farm owner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as the primary residence of a farm owner and/or operator is not"Farm Labor Housing". 4(e). "Farm Operation" shall be defined pursuant to Article 25-AA of the AML, or such successor law as enacted or amended. In the event that this definition or all of Article 25-AA(and all such successor laws) shall be repealed, then the definition existing at the time of repeal shall serve thereafter. 4(f). "Grantor"includes the original Grantor and his/her/its heirs, successors and assigns. 4(g). "Grantee" includes the original Grantee(s) and its successors and assigns. 4(h). "Impervious Surfaces" are defined as structures or improvements that permanently cover soil resources. Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas; structures whose principal purpose is to protect soil and water resources, such as manure storage areas; and structures and improvements lacking permanent foundations. As used herein, "permanent foundations" are defined to be any continuous hardened surface (e.g., concrete, asphalt, or other similar stabilizing material) that is attached to, placed on or inserted in the ground and that underlies such building, structure or improvement. 4(i). "Land Preservation Committee" shall be defined pursuant to Chapter 70 of the Town Code of the Town of Southold, or such successor law as enacted or amended. In the event that such definition or all of Chapter 70 (and all such successor laws) shall be repealed, then the applicable provisions of the Town Code shall serve thereafter. 4(j). "Lawn" shall be defined as area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in Agricultural Use, including land in a fallow or otherwise idled manner, is not"Lawn." Page 4 of 22 4(k). "Owner" is defined as any individual or entity, including any heir, successor or assign, of any legal'or equitable interest in all or any portion of the Property, and any parry entitled to the possession or use of all or any part thereof. 4(1). "Recreational Uses" are defined as lawful personal activities including, but not limited to, hunting, fishing, cross-country skiing, camping, horseback riding and snowmobiling. 4(m). "Viable Agricultural Land" is defined as land highly suited for agricultural production. 5. Reserved Rights Retained by Grantor. Grantor reserves all customary rights and privileges of ownership,including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights compatible with the Purpose set forth in Section 2 ("Purpose")and not specifically prohibited or limited by this Easement. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property,or a portion thereof encompassing entire separate tax map parcels, as collateral for a subsequent indebtedness,provided that any subsequent liens on the Property must be subordinate to this Easement. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law, and nothing in this Easement shall require Grantor to take any action to restore the condition of the Property from damage or change that could not be reasonably anticipated by Grantor or that is beyond Grantor's reasonable control and occurring without Grantor's fault or negligence, including, but not limited to, natural disasters such as earthquakes, hurricanes or floods or to political or social upheavals such as wars or riots. 5(a). Right to Use Property for Agricultural Uses. Grantor has the right to engage in the Agricultural Use of the Property and to use the Property as a Farm Operation provided that any processing, marketing or retailing of any Crops, Livestock and Livestock Products and that any similar activities involving any processed product associated with crops or livestock are not permitted on the Property. Said farming practices shall be carried out consistent with the Conservation Plan and conducted in accordance with sound agricultural practices, which are practices necessary for on-farm production of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. "U-Pick" activities shall be deemed a harvesting activity, which is part of a typical agricultural use of the Property, and, therefore, shall not be deemed a Recreational Use or as a retail or marketing activity. Page 5 of 22 5(b). Right to Use Property for Recreational Uses. Grantor retains the right to use the Property for Recreational Uses, subject to the limitations set forth in this Easement, including Section 8 ("Construction of Buildings and Other Improvements"). In all cases, Recreational Uses must be compatible with the Purpose of this Easement and subordinate to the Agricultural Use of the Property. 6. Conservation Plan. Grantor and Grantee recognize that changes in economic and environmental conditions, in agricultural technologies, in accepted farm management practices, and in the Farm Operations of Grantor may result in changes in the Agricultural Uses of the Property. It is the intention of this Easement to maintain Grantor's discretion to employ its choices of farm uses and management practices so long as those uses and practices are conducted in accordance with sound agricultural practices (as described in Section 5(a)) and in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse environmental impacts of agricultural activities, as well as enhance the agricultural productivity and economic viability of the Property. The Conservation Plan shall be updated periodically and whenever the Farm Operation changes substantially. Upon request, Grantor shall provide a copy of the most current Conservation Plan to Grantee. 7. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 8. Construction of Buildings and Other Improvements. Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvements to the Property only as provided in this Easement and set forth below and subject to any other approvals that may be required by federal, state or local laws and regulations. When permission of Grantee is required under this Section, such permission shall include any other permission as may be required by the Town Code of the Town of Southold and also as required elsewhere in this Easement. 8(a). Impervious Surfaces. It is the intention of this Easement to limit the extent of construction or placement of Impervious Surfaces on the Property. Grantor shall have the right to cover up to two percent(2%) of the Property with Impervious Surfaces without permission of the Grantee. Grantor may, but only with permission of Grantee, cover up to a maximum of ten percent (10%) of the Property with Impervious Surfaces. 8(b). Fences. Existing fences may be repaired,removed and replaced, and new fences may be built anywhere on the Property for purposes of reasonable and customary management of livestock and wildlife, safety and general management and to prevent trespassing on the Property. Page 6 of 22 8(c). Agricultural Structures and Improvements. Agricultural structures and improvements may be placed or constructed on the Property in accordance with the provisions of this Section 8(c). Upon acceptable establishment of any such agricultural structure or improvement, each agricultural structure and improvement may be repaired,removed, enlarged and replaced at its respective location, subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"). Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct buildings, structures and improvements for such purposes related to the Farm Operation on up to two percent(2%) of the Property without permission of Grantee. However, no building, structure or improvement shall be used in any manner that is associated with the processing,marketing or retailing of any Crops, Livestock and Livestock Products and no similar activities involving any processed product associated with crops or livestock shall be permitted on the Property With permission of Grantee, Grantor may construct buildings, structures and improvements related to the Farm Operation as described above,that would cover up to an additional eight percent(8%) of the Property. In the construction or placement of any Impervious Surfaces within the Property, the Grantor shall use all practical means to minimize the extent of coverage over or associated impacts to prime soils and soils of statewide importance. 8(d).Farm Labor Housing. Farm Labor Housing may be placed or constructed on the Property in accordance with the provisions of this Section 8(d). Upon acceptable establishment of any Farm Labor Housing, such Farm Labor Housing may be repaired,removed, enlarged and replaced at its respective location. Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct or place dwellings or structures and improvements exclusively for Farm Labor Housing on up to one percent (1%) of the Property without permission of the Grantee. With permission, Grantor may construct or place additional Farm Labor Housing on the Property as proven necessary to conduct current Farm Operations. The land on which these dwellings, structures and improvements stand shall not be subdivided, except as permitted in Section 11 ("Subdivision"). 8(e).Recreational Structures,Improvements and Activities. Structures and improvements associated with Recreational Uses are permitted on the Property as set forth below so long as such improvements,structures and activities are compatible with the Purpose of this Easement and subordinate to the Agricultural Use of the Property. No structures, improvements or activities associated with Recreational Uses shall impair in any way the Agricultural Use of the Property. Recreational Uses shall not include golf courses and ranges. Page 7 of 22 Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may only conduct Recreational Uses and may only construct or place structures or improvements associated with such activities during any portion of a growing season, provided that each such structure, improvement or activity is (i) compatible with the Purpose of this Easement, (ii) subordinate to the Agricultural Use of the Property, and (iii) constructed, placed or conducted to avoid impairing topsoil or, if topsoil is impaired, with remediation of any resulting topsoil impairment. All such structures, improvements and activities shall be located in a manner that minimizes the impact to prime soils or soils of statewide importance. Grantor may enlarge, construct or place new permanent, recreational structures or improvements on the Property up to an aggregate of four hundred (400) square feet in size without permission of Grantee. Permission of Grantee is required for permanent recreational structures or improvements that exceed an aggregate footprint of four hundred (400) square feet. During only the dormant(i.e., off-season) period between the harvest of one crop and planting of another in an annual crop cycle, or during the fallow period (up to three years) in any crop field, recreational activities (e.g., cross-country skiing) may be conducted on the Property without limitation. 8(f). Utility Services and Septic Systems. Wires, lines, pipes, cables, tanks, or other facilities providing electrical, gas, water, sewer, sanitary sewer, septic, communications, or other like_services to or from the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced for such purposes. All such services and systems shall be compatible with the Purpose of this Easement, subordinate to the Agricultural Use of the Property and located in a manner that minimizes the impact to prime soils or soils of statewide importance. 8(g). Alternative Energy Structures and Improvements. Structures and improvements necessary to undertake alternative energy activities (such as wind, solar, and other similar energy generation) are permitted as further described below, provided they are compatible with the Purpose of this Easement, subordinate to the Agricultural Use of the Property, and located in a manner that minimizes the impact to prime soils or soils of statewide importance. Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), such structures and improvements, including roads and drainage ditches, may be built on the Property only with the permission of Grantee, which may be conditioned upon the posting of a bond. These structures and improvements are permitted only if the activity is limited and localized in impact affecting no more than two percent(2%) of the Property at one time. Prior to determining the location of a site for these structures and improvements on the Property, the Grantor shall notify the Grantee,the New York State Department of Agriculture and Page 8 of 22 Markets, and the local Soil and Water Conservation District to give them an opportunity to participate in an onsite meeting to review proposed locations. Grantor shall comply with the New York State Department of Agriculture and Markets guidelines regarding agricultural impact avoidance, mitigation and remediation for construction of such structures. 9. Maintenance and Improvement of Water Sources. Grantor may use,maintain, establish,construct, and improve water sources,water courses and water bodies within the Property for the uses permitted by this Easement. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils,reduce soil erosion and/or flooding,provide irrigation for the Property or improve the agricultural or forest management potential of the Property,provided such alteration is consistent with the Conservation Plan is in accordance with sound agricultural practices (as described in Section 5(a)), is compatible with the Purpose of this Easement, and is carried out in accordance with applicable local, state and federal laws and regulations. 10. Water Rights. Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 11. Subdivision. The Property is currently comprised of one tax map parcel owned by Grantor, designated as p/o SCTM#1000-97-1-12.8. The Property is not to be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. As required by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1) each resulting parcel contains at least 10 acres of Viable Agricultural Land and (2) each such parcel is permanently protected with a perpetual conservation easement (whose purpose is equivalent to that stated in Section 2 of this Easement). Notwithstanding the above, Grantor is subject to a further Declaration of Covenants and Restrictions recorded as of the date hereof prohibiting subdivision of the Property from"Excluded Area# 1" shown on the survey attached hereto and made a part hereof. Subdivision of`Excluded Area#2" shown on the survey attached hereto and made a part hereof from the Property shall not be prohibited. In the event that any Subdivision of the Property is approved by the Grantee, any portion of the Property so Subdivided shall remain subject to this Easement and approval by the Grantee must allocate to the Subdivided portion of the Property any portion of the following rights then remaining which are to be applied to the Subdivided portion: (a) Construction of Impervious Surfaces as set forth in Section 8(a) ("Impervious Surfaces"); (b) Construction or placement of agricultural structures and improvements under Section 8(c), ("Agricultural Structures and Improvements"); Page 9 of 22 (c) Construction or placement of Farm Labor Housing under Section 8(d), ("Farm Labor Housing"); (d) Construction or placement of recreational structures and improvements under Section 8(e), ("Recreational Structures, Improvements and Activities"); and (e) Construction of alternative energy structures and improvements under Section 8(g), ("Alternative Energy Structures and Improvements"). Such allocation of the rights in the noted sections shall not result in allowances greater than those allowed under each such section. At the discretion of Grantee, a functionally and materially equivalent Easement covering the Subdivided portion of the Property may be required and, if so, it shall be recorded immediately following its conveyance. Mortgages or other non-possessory interests in land do not constitute Subdivision for the purpose herein, provided such interests encompass the whole Property or such portion of the Property for which the Grantee has approved a Subdivision as noted above. 12. Forest Management. Without permission of Grantee, Grantor may clear forested areas for conversion to farmland, harvest wood for use on the Property including heating or construction of buildings and improvements, manage forested areas for wildlife habitat and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood products, conduct timber stand improvements and construct, maintain, remove, and repair unpaved access roads and"staging areas", those areas where logs are temporarily stored for transport necessary for such activities. All such activities shall be in accordance with generally-accepted forestry best management practices. Such commercial timber harvests and timber stand improvements shall be carried out in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, a Cooperating Consulting Forester with the New York State Department of Environmental Conservation or a qualified forester approved by Grantee. Grantor shall give Grantee, its successors or assigns, written notice not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13.Mining and On-Site Extractive Activity. 13(a). Sand and Gravel Extractive Activities. The removal of topsoil, sand and gravel, or other material for exportation and/or sale shall be prohibited. Mineral exploitation and extraction by any method is prohibited. Soil may only be moved and/or removed in accordance with a Conservation Plan(Section 6), to promote required drainage Page 10 of 22 activities, to construct and maintain permitted structures and improvements on the Property, and for agricultural uses. 14. Road Construction. Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"), Grantor may construct roads to provide access to, and parking for, permitted buildings or improvements,or to conduct other activities permitted by this Easement and maintain existing roads or construct new roads to provide access to"Excluded Area# 1"shown on the survey attached hereto and made a part hereof. Roads constructed on the Property shall be located in a manner that minimizes impacts to prime soils and soils of statewide importance. 15. Dumping and Trash. The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with sound agricultural practices (as described in Section 5(a)) and in a manner consistent with the Conservation Plan and all applicable State or federal laws or regulations. However, this shall not prevent the storage of agricultural products and byproducts, the storage of old farm equipment used for parts, and the composting or re-use of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated off the Property for non-commercial use on the Property, so long as they are used and stored in accordance with sound agricultural practices (as described in Section 5(a)). No biodegradable material used for composting, whether generated on the Property or imported to the Property, may be used for resale. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property is permitted by this Easement. 16. Permission of Grantee. When Grantor is required to obtain permission for a proposed action pursuant to the Easement, such permission shall be requested in writing of the Grantee, which shall be preceded by a review by its Land Preservation Committee. Grantee shall grant permission only after its Land Preservation Committee has determined that such action is 1) compatible with the Purpose of this Easement and 2) subordinate to the Agricultural Use of the Property. Such permission shall not be unreasonably withheld. Grantee shall respond with a decision in writing within forty-five(45) days of receipt of the Grantor's written request which shall include all relevant building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. If mutually agreed upon by Grantee and Grantor,this timeline may be reasonably extended. Grantee shall not be liable for any damages for any failure to grant permission to Grantor. The permission contemplated in this Section is in addition to any other approvals that may be required by federal, state or local laws and regulations. 17. Ongoing Responsibilities of Grantor and Grantee. Other than as specified herein,this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including,but not limited to,the following: Page 11 of 22 17(a). Taxes. Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. 17(b). Upkeep and Maintenance. Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. However,under no circumstances shall the Grantor establish or maintain a Lawn on the Property. Grantee shall have no obligation for the upkeep or maintenance of the Property. 17(c). Liability and Indemnification. Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 18. State as Intervenor and Mediator Regarding Interpretation of Selected Definitions and Terms and Selected Implementation of Provisions. Consistent with the policy of this state, as contained in Section 4 of Article 14 of the New York State Constitution and as (i) articulated in Section 300 of Article 25-AA of the AML, and (ii) demonstrated by the New York State share of the consideration paid for this Easement as authorized by Section 325 of Article 25-AAA of the AML, the New York State Department of Agriculture and Markets shall perpetually retain the right to intervene on any of the matters listed below provided any such intervention or mediation shall also be specifically limited as set forth below: (i.) advise the Grantor and Grantee of the State's interpretation of the following specific terms and definitions contained in and as used throughout this Easement— a. Agricultural Use, b. Conservation Plan, C. Crops, Livestock and Livestock Products, d. Farm Labor Housing, e. Farm Operation, f. sound agricultural practices (as described in Section 5(a)), and g. Viable Agricultural Land; (ii.) advise the Grantor and Grantee of the State's interpretation of the Purpose of this Easement; and (iii) advise the Grantor and Grantee of the State's interpretation of the Grantee's proposed or demonstrated administration of the provisions of this Easement that the Department would deem as unreasonably restrictive on the Farm Operation on this Property so as to be in contravention of the purposes of Article 25-AA of the AML. Page 12 of 22 Any such intervention by the Department shall be offered and intended to serve as non-binding advice to the Grantor and Grantee in an effort to avoid potential violations of this Easement that would have arisen from either party's misinterpretation of any specific item noted above. Furthermore, if a dispute arises between the Grantor and the Grantee concerning the consistency of any proposed use or activity with the Purpose(s) of this Easement or any of the specific provisions contained herein, and Grantor agrees not to proceed with the use or activity pending resolution of the dispute, either party may request a meeting between the parties and the New York State Department of Agriculture and Markets for mediation. Within ten (10) days of such request, Grantor and Grantee shall schedule a meeting with the New York State Department of Agriculture and Markets, which will recommend potential resolutions of the dispute. Notwithstanding anything in Section 3 ("Implementation"), nothing in this clause shall otherwise diminish Grantee's rights under Section 22 ("Enforcement"). 19. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement,all non-agricultural development rights appurtenant to the Property are hereby released,terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 20. Baseline Documentation. By its execution of this Easement, Grantee acknowledges that the present uses of, and related structures and improvements on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report (the"Report"), including relevant maps and photographs, describing such condition at the date hereof, has been prepared and subscribed by both parties, and a copy thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred,but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 21.Right of Inspection. Grantee shall have the right to enter upon the Property with forty-eight(48)hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time that is mutually agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. Page 13 of 22 22. Enforcement. If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary,through temporary or permanent injunction. In addition to injunctive relief, Grantee shall also be entitled to seek the following remedies in the event of a violation: 1)money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and 2)restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each parry shall bear its own costs. 23. Transfer of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that, at the time of transfer is a"public body" or a"not-for-profit conservation organization" as defined by Article 49 of the ECL or a "qualified organization"under Section 170(h) of the Code or a soil and water conservation district board pursuant to Section 9(4-a) of the Soil and Water Conservation Districts Law,provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ceases to exist or qualify under Article 49 of the ECL and Section 170(h) of the Code, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets must be notified in writing in advance of any such transfer. The Department of Agriculture and Markets must approve the choice of any new non-governmental organization or public agency designated as"Grantee." 24.Transfer of Property. Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to 7—owvl Of-%U-NOy instrument dated */-/Z-//,, and recorded in the office of the Clerk of Suffolk County at Liber X, Page ." Grantor shall notify Grantee and the New York State Department of Agriculture and Markets in wasting at least thirty(30)days before conveying the Property, or any part thereof or interest therein,to any third party. The failure to notify Grantee or New York State Department of Agriculture and Markets or to include said language in Page 14 of 22 �2 any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 25. Alienation No property rights acquired by Grantee hereunder shall be alienated except upon notice to the New York State Department of Agriculture and Markets and pursuant to the provisions of Chapter 70 of the Town Code, or any successor chapter, following a public hearing and, thereafter,ratified by a mandatory referendum by the electors of the Town of Southold.No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of these property rights or interests which were acquired by the Town prior to any such amendment. In the event of any such alienation as provided in this Section 25, Section 28 ("Proceeds") of this Easement shall apply to such alienation. 26.Amendment of Easement. This Easement may be amended only with the written consent of Grantee and the then current Owner of the Property and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be compatible with the Purpose of this Easement and shall comply with the ECL or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate Farm Operations in contravention of the purposes of Article 25-AA of the AML or such successor law as enacted or amended. Any such amendment to this Easement shall be duly recorded. 27.Extinguishment of Easement. At the mutual request of Grantor, Grantee, and the New York State Department of Agriculture and Markets,a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2 ("Purpose"), extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain makes it impossible to continue use of all or such portion of the Property for the Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished as to any such portion so condemned by judicial proceeding. Upon any subsequent sale, exchange or involuntary conversion(pursuant to this Section) by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28 ("Proceeds") herein. In the event that Grantor retains the Property subsequent to any such extinguishment or partial extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property as to which the extinguishment applies times the percentage determined under Section 28. Page 15 of 22 28. Proceeds. The grant of this Easement gives rise to a property right, immediately vested in Grantee, which property right has a monetary value in the event of an extinguishment or partial extinguishment or proceeds from a sale or other disposition of the Property as contemplated in Section 27 ("Extinguishment of Easement"). That monetary value is determined as follows: multiply (a) times (b),where— (a) =the Grantee's Proportionate Share, and (b) =the value of that portion of the Property no longer encumbered by this Easement as the result of the extinguishment. Grantee's Proportionate Share shall be determined by dividing the value of this Easement, calculated as of the date hereof,by the unencumbered value of the Property, also calculated as of the date hereof. For this Easement,the Grantee's Proportionate Share is sixty-eight and eight tenths percent(68.8%), and shall remain constant, subject only to reasonable adjustment to the extent permissible under Section 170(h) of the Code for any improvements which may hereafter be made on the Property. With regard to the portion of such Proportionate Share equal to that paid using State grant funds, Grantee agrees to use such portion in a manner compatible with the Purpose of this Easement. Prior to such re-use, Grantee must provide written notification to the New York State Department of Agriculture and Markets and to the Suffolk County Agricultural and Farmland Protection Board. 29. Interpretation. This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. This Easement shall be liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. If a dispute arises between the Grantor and the Grantee concerning the interpretation of any clause of this Easement such that there is a conflict between the clauses required by the New York State Department of Agriculture and Markets("Department"), listed in the attached Appendix 1, and the remaining clauses of the Easement, an interpretation consistent with the Department clauses that would render the Department clauses valid shall be favored over any interpretation that would render such clauses invalid. 30.Recitals and Exhibits Incorporated Herein. Any and all recitals in this Easement are agreed by the parties to be accurate, are incorporated into this Easement by this reference, and shall constitute integral terms and conditions of this Easement. Any and all exhibits and addenda attached to and referred to in this Easement are hereby incorporated into this Easement as if fully set out in their entirety herein. Page 16 of 22 31. Successors. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators,assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 32. Severability. Invalidity of any of the covenants,terms or conditions of this Easement,or any part thereof,by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 33. Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i) by personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: 1) if to Grantee, at the address set forth above and to Town Attorney, Town of Southold, at the same address; 2) if to Grantor, at the address set forth above; 3) if to any subsequent owner, at the address of the Property; or 4) if to New York State Department of Agriculture and Markets, 10B Airline Drive, Albany,New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section 33. 34.Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 35. Subsequent Liens on Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels,as collateral for a subsequent borrowing.Any subsequent liens on the Property must be subordinate to this Easement. 36. Subsequent Encumbrances. The grant of any easements or use restrictions is prohibited,except with the permission of Grantee.Any future encumbrances shall be consistent with the primary Purpose of this Easement and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 37. Grantor's Environmental Warranty. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law,and Page 17 of 22 hereby promises to hold harmless, defend, and indemnify Grantee and New York State Department of Agriculture and Markets against and from, any and all loss, cost, claim(without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended("CERCLA") or any corresponding state and local statute or ordinance. 38.Duration of Easement. Except as expressly otherwise provided herein,this Easement shall be of perpetual duration, and no merger of title,estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof,to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 39.Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 26 ("Amendment of Easement"). 40.Waiver. No waiver by Grantee of any default, or breach hereunder,whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 41. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners,and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Page 18 of 22 IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. Grantor: q2z�� 64A—V� Joanne Calabrese Grantor: 01� John Calabre Grantee: Town of outhold By: Scott A. Russell, Supervisor State of New York ) County of Suffolk ) ss.: On the 0-6 day of Dtc.. in the year 2018 before me,the undersigned,personally appeared Joanne Calabrese, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual,or a person upon behalf of which the individual acted, executed the instrument. c". az�— ature/office of individual taking ackno JANE C COHEN State of New York ) Notary Pul,irc-State of New York NO.01 C06333267 Qualified in Suffolk County County of Suffolk ) ss.: My Commission Expires Nov 16,2019 On the I']-'� day of-Dec. in the year 2018 before me,the undersigned,personally appeared John Calabrese, 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. Sign a/office of individual taking acknowledgement Page 20 of 22 JANE C COHEN Notary Pubac state ate of New York NQ of- GiAW+T SPS i�c°enol LMy Commission Expires t�0� 1G,204 P State of New York ) County of Suffolk ) ss.: On the_ day ofC4,in the year 2018 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. /] -m- 4jaaduh Signatur /office of individual taking acknowledgement LAUREN M. STANDISH Notary Public, State of New York No.01 ST6164008 Qualified in Suffolk County Commission Expires April 9, 2019 !d r��crs" a �' � Page 21 of 22 APPENDIX 1 DEPARTMENT CLAUSES -Required"WHEREAS"provisions("C,""D,""F,""G,""H,"and"I") -"Purpose" -"Implementation" -"Definitions": "Agricultural Use,""Conservation Plan,""Crops, Livestock and Livestock Products," "Farm Labor Housing,""Farm Operation,"and"Viable Agricultural Land." -"State as Intervenor and Mediator Regarding Interpretation of Selected Definitions and Terms and selected Implementation of Provisions" -Other miscellaneous policies: "Impervious Surfaces,""Land disturbances Associated with Non- Agricultural Activities,""sound agricultural practices,""Proceeds"and"Interpretation" /t�w t K...ma.wn.kppl,MR6-...a(lPrw'v/...a.Y`T/•-^'8r+1'C�+Prrra-,4.wa^srt LVI.^uw_+ ••..w..•_uai.�ra.^a..i«._M.KIaRs,.,s,.y�,`j) �a�.vaJ,ad:.d^'.lsG`✓Oxer«eia.4Y.4['Y : p.xsw"n.eH31:.u�•t,,.F,ts,..rcle..mn:nT.Nw"�.v....*".a.:+—+..ox:..S,..,u��,xxf`J �'�x.yyvcs.ean.t•:`'x�'v.'e"'^T"'.>W�°'.ecr.°.,s�<s �,�a� ,6'�" 'a usLux�� Page 22 of 22 EXHIBIT A Development Rights Easement Area ALL that certain plot,piece or parcel of land,situate,lying and being at Cutchogue, in the Town of Southold,County of Suffolk and State of New York,being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008, bounded and described as follows: STARTING at a monument on the northerly side of Main Road(S.R.25),said point being 853.34 feet westerly from the comer formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road(S.R.25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument at the point or place of BEGINNING; RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of County of Suffolk Palmer Vines LLC; RUNNING THENCE along said division line the following courses and distances: North 20 degrees 03 minutes 40 seconds West 194.32 feet; South 69 degrees 56 minutes 20 seconds West 167.31 feet; South 50 degrees 17 minutes 50 seconds West 183.50 feet;and North 44 degrees 51 minutes 40 seconds West 701.40 feet to a point; THENCE northeasterly North 45 degrees 08 minutes 20 seconds East 330.00 feet; THENCE northwesterly North 44 degrees 51 minutes 40 seconds West 278.07 feet to a point, where the same is intersected by the division line between premises described herein and lands now or formerly of Pugliese Vineyards LLC Town of Southold; THENCE along said division line North 45 degrees 08 minutes 20 seconds East 352.32 feet to a point; THENCE southeasterly the following courses and distances: South 44 degrees 58 minutes 30 seconds East 45.07 feet; South 43 degrees 49 minutes 30 seconds East 655.10 feet; South 43 degrees 58 minutes 20 seconds East 666.83 feet;and South 43 degrees 51 minutes 40 seconds East 74.10 feet to a monument; THENCE southwesterly South 69 degrees 56 minutes 20 seconds West 401.42 feet to a monument at the point or place of BEGINNING. Said premises being District 1000 Section 097.00 Block 01.00 Part of 012.008 and known as the"Development Rights Easement Area"as shown on Survey made by Peconic Surveyors, P.C.dated 11/23/2015, last revised 12/15/2015. EXHIBIT B SURVEY OF PROPERTY AT CUTCHODUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCALE 1�100' ' ioarn�-or-12a ,V N'L9£R M.1015 �•rt `5 OE W01 9.7015 64EN9:N51 •\ i O aU&-4 16 1015(REN„Z. ) `•�" �•,� �,, ,rr�`>;\ / � tea,. a �'� _ \•�;,' ;� �� }� � / \.yam ~�1 N\ �^`!, ` .d^i�A •� Y .r. ♦�'" PWA' �F'�, !�t Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred,cease being a Grantor or Owner with respect to such Property for purposes of this Easement and shall have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property,but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 42. Lien Law. This conveyance is made subject to the trust fund provisions of Section Thirteen of the New York Lien Law. 43. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. �.rt. ,tt J ,r t ��"^-,..•..-..._ , »,..., .. -<r.a r�':r-.Y•,^h:a'.,-.•:rr. a ,.� .. . •w WSa.+ rr^'Yas•R �' «..<.-r,.»�,�-r.9�.^r_�aaw,=ter•-.r+zw-,•f:s.n....,mo rwq '+�,�•" ,,-e...-.ra-v.�•nrimr�-.a.-*vo.:s..—o..r..--^xo.^vcs:e„�...a rT�R` ysf Page 19 of 22 R E C O R D E D E A S E M E N T a I I VIII I IIII VIII VIII VIII II II I I IIII IIID VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 05/03/2016 Number of Pages: 24 At: 01:45:41 PM Receipt Number : 16-0068799 TRANSFER TAX NUMBER: 15-27553 LIBER: D00012862 PAGE : 977 District: Section: Block: Lot: 1000 097 .00 01 . 00 012 . 008 P.TGAGE TAX NUMBER: DH004937 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,016,320.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $120. 00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15. 00 NO Affidavit $0.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $30 . 00 NO RPT $200 .00 NO Transfer tax $0 .00 NO Comm.Pres $0.00 NO Mort.Basic $0 .00 NO Mort.Addl $0.00 NO Mort.SplAddl $0 .00 NO Mort.SplAsst $0 .00 NO Fees Paid $395 . 00 TRANSFER TAX NUMBER: 15-27553 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1-1151 Number of pages h:=;-='•`�'C ° I 2016 Piau i:_ 01:45:4! PM _11jDT TuPi SCALE, f:E4", OF This document will be public . record. please remove all Social Security Numbers r.=,,;4 7 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee - Mortgage Amt. 1. Basic Tax Handling • 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17(County) Sub Total /�C� Spec:/Add. EA-5217(State) TOT.MTG.TAX n�� Dual Town Dual County — R.P.T.S.A. 1✓0 + Held for Appointment Comm.of Ed. 5. 00 s Transfer Tax t «+ Affidavit Mansion Tax �,;_ �`' 1Y®� The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. •00 i family dwelling only, Sub Total YES or.NO Other q .Grand Total l If NO,see appropriate tax clause on page# of this instrument. j� V, t 4 1 Dist./d; `P �D�� 5 Community,-Presor"ation Fund 042 11000 09700 0100 012008 Real Property P T S Consideration Amount$ Tax Service R LpA A Agency 29-APR-1 CPF Tax Due $ Verification - - - - - - Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD0 alit/OF SOu7iPok10 fox ��7j TD P 0, S'O11-r'V6.1.1� Ny //?7/ TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 We Company Information 310 Center Drive, Riverhead, NY 11901 do.Name 5 A,eT Tr- .us. Cle www.suffolkcountyny.gov/clerk Title# S7-1,-- ll :y, $..•n!.d � Ja.ra,,,.,:r:...,, Yr 1 Yi ^C.t t"R" V•• �.K4: a» I.... TSr ,, `• •_• ,yi t'k YSI� ,yRL �1r'`•� j; �.» v;f,! Yn;yrv} °d."'e.:t,..,1r4:.,`,.k 2�,• .3�•'.`}+�`.�''�4y, >: 5> ''�=� �. �,y' ;. C7 ey�-�"4.,�3'i"^`�"•Y }�G �'�'i�.(.y.4�C:iry 5 .1 7 nt P •.t,i�s�,-.� �;n.-'.3f. y�f. y- �:�+a r,v�`C +�• tu�i�.iF .., t Pa e This page forms part of the attached Of &r'/---;E7-9VA776A) i` TE7YIC made by: (SPECIFY TYPE OF INSTRUMENT) i�O q,clJi(E C-�BASsAF- -Ave The pT'emises herein is situated in t V 1-1-xl SUFFPLK COUNTY,NEW YORK. TO In thei,TOWN of SU77M/-9 70—ami o F- Sd'emd" In theIV1LLAGE i ' /1 or HAMLET of_ C,G(-Mgo6 M5 BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 946 Sq STEWART TITLE INSURANCE, 711 WEST'CHEST ER AVENUE SUITE 302 WMM PLAINS,NY 10604 Deed of Conservation Easement THIS CONSERVATION EASEMENT("Easeme t") is granted this�_day of April 2016,by Joanne Calabrese and John Calabrese,with an address at'P. ox 8 , G'utchogue,New York 11935 (the "Grantor")to the Town of Southold, a New York municipal corporation having its principal office at 53095 Main Road, P.O.Box 1179, Southold,New York 11971 (the"Grantee"). WHEREAS A. Grantor is the owner of certain real property (the"Property") consisting of 16.5 77 acres, in one tax map parcel(s) located on 34615 NYS Route 25, Cutchogue, in the Town of Southold, Suffolk County,New York, and designated as part of SCTM#1000-97-1-12.8, and more fully described in the legal survey description of the property ("Exhibit A") and as depicted on a reduced copy of the survey of the Property prepared by Peconic Surveyors, P.C. dated November 23, 2015 and last revised December 15, 2015 ("Exhibit B"),both attached hereto and made a part hereof,to be filed with the Suffolk County Clerk simultaneously herewith; B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General �_. Municipal Law, §64 of Town Law and Article 49,Title 3 of the Environmental Conservation Law("ECL")to acquire conservation easements; C. Article 14, Section 4 of the New York State Constitution states: "The policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" D. Section 49-0301 of the ECL states: "The legislature hereby finds and declares that in order to implement the state policy of conserving,preserving and protecting its environmental assets and natural and man-made resources,the preservation of open spaces,the preservation, development and improvement of agricultural and forest lands, ..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" E. Section 300 of Article 25-AA of the New York State Agriculture and Markets Law(the "AML") states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results. ... It is, therefore,the declared policy of the state to conserve,protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products. ... It is the purpose of this article to provide a locally-initiated mechanism for the protection Page 1 of 21 and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" F. Article 25-AAA, Section 321 of the AML states: "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and environmental and landscape preservation values associated with agriculture,"the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; G. The Property is located within Suffolk County,which adopted an Agricultural and Farmland Protection Plan in 1996. The Plan recommends the continued preservation of productive farmland through the purchase of development rights. In addition, the Plan sets forth the following goals: to preserve agriculture as an important industry in Suffolk County,preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm families. The plan seeks to preserve 20,000 acres of productive farmland through the purchase of development rights and to ensure that public policy protects,promotes and sustains agriculture; -H. The Property is located within the Town of Southold,which adopted the Southold Town Farm and Farmland Protection Strategy,dated January 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively; I. The Property consists primarily of productive agricultural land. The Property contains approximately 16 acres of prime soils, as defined by the U.S. Department of Agriculture Natural Resources Conservation Service; J. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW,THEREFORE,in consideration of the foregoing,One Million Sixteen Thousand Three Hundred Twenty&00/100 Dollars($1,016,320.00)and the mutual covenants,terms,conditions and restrictions contained herein,the parties agree as follows: Page 2 of 21 f. Grant of Conservation Easement. Grantor hereby grants and conveys to Grantee a conservation easement(the"Easement"),an immediately vested interest in real property defined by Article 49 of Title 3 of the ECL of the nature and character described herein,for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform,nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose. The Purpose of this Easement is to conserve Viable Agricultural Land by preventing the conversion of the Property to non-farm uses, except for those allowed herein. In achieving such prevention the Property shall be forever reserved for continued Agricultural Use. 3. Implementation. This Easement shall be implemented by limiting and restricting the non-agricultural development and non-farm use of the Property in accordance with its provisions. The Property remains subject to all applicable local, state and federal laws and regulations. This Easement and the administration of its provisions shall not unreasonably restrict or regulate the Farm Operation on this Property in contravention of the purposes of Article 25-AA of the AML. 4. Definitions. 4(a). "Agricultural Use" shall be defined as those activities necessary to: (i.) produce"Crops,Livestock and Livestock Products"; or (ii.) use the Property as a"Farm Operation"to the extent permitted by this Easement; or (iii.) be actively enrolled in any federal or state or local program whose intent,is to temporarily suspend(for a specified period of one or more years or crop seasons)the production of Crops,Livestock and Livestock Products for the stipulated purpose of soil and water conservation,wildlife habitat, or similar conservation purpose; or (iv.) manage the Property or a portion thereof in a fallow or otherwise idled manner provided such management is described in a Conservation Plan. 4(b). "Conservation Plan" shall be defined as an Agricultural Environmental Management (AEM)Conservation Plan(Tier 3 or higher), or such equivalent document that has been prepared by the local Soil and Water Conservation District, or other qualified conservation professional, in cooperation with the Grantor. 4(c). "Crops,Livestock and Livestock Products" shall be defined pursuant to Article 25- AA of the AML, or such successor law as enacted or amended. _In the event that this definition or all of Article 25-AA(and all such successor laws) shall be repealed,then the definition existing at the time of repeal shall serve thereafter. Page 3 of 21 4(d). "Varna Labor Housing"means dwellings or structures,together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm owner and/or operator,the worker is an essential employee of the farm owner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as the primary residence of a farm owner and/or operator is not"Farm Labor Housing". 4(e). "Fairm Operation" shall be defined pursuant to Article 25-AA of the AML, or such successor law as enacted or amended. In the event that this definition or all of Article 25-AA(and all such successor laws) shall be repealed,then the definition existing at the time of repeal shall serve thereafter. 4(f). "Grantor"includes the original Grantor and his/her/its heirs, successors and assigns. 4(g). "Grantee"includes the original Grantee(s)and its successors and assigns. 4(h). "Impervious Surfaces" are defined as structures or improvements that permanently cover soil resources. Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas; structures whose principal purpose is to protect soil and water resources,such as manure storage areas;and structures and improvements lacking _. permanent foundations. As used herein, "permanent foundations" are defined to be any continuous hardened surface (e.g., concrete, asphalt, or other similar stabilizing material)that is attached to,placed on or inserted in the ground and that underlies such building, structure or improvement. 4(i). "Land Preservation Committee" shall be defined pursuant to Chapter 70 of the Town Code of the Town of Southold, or such successor law as enacted or amended. In the event that such definition or all of Chapter 70 (and all such successor laws) shall be repealed,then the applicable provisions of the Town Code shall serve thereafter. 4(j). "Lawn" shall be defined as area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in Agricultural Use, including land in a fallow or otherwise idled manner, is not"Lawn." 4(k). "Omer" is defined as any individual or entity, including any heir, successor or assign, of any legal or equitable interest in all or any portion of the Property,and any party entitled to the possession or use of all or any part thereof. 4(1). "recreational Uses" are defined as lawful personal activities including,but not limited to,hunting, fishing, cross-country skiing, camping,horseback riding and snowmobiling. Page 4 of 21 1r 4(m). G6Viable Agricultural Land" is defined as land highly suited for agricultural production. 5. Reserved Rights Retained by Grantor. Grantor reserves all customary rights and privileges of ownership,including the right of exclusive use,possession and enjoyment of the Property,the rights to sell,lease,and devise the Property, as well as any other rights compatible with the Purpose set forth in Section 2("Purpose")and not specifically prohibited or limited by this Easement. No provisions of this Easement should be construed as impairing the ability of Grantor to,use this Property,or a portion thereof encompassing entire separate tax map parcels, as collateral for a subsequent indebtedness,provided that any subsequent liens on the Property must be subordinate to this Easement. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law,and nothing in this Easement shall require Grantor to take any action to restore the condition of the Property from damage or change that could not be reasonably anticipated by Grantor or that is beyond Grantor's reasonable control and occurring without Grantor's fault or negligence, including,but not limited to,natural disasters such as earthquakes,hurricanes or floods or to political or social upheavals such as wars or riots. 5(a). Right to Use Property for Agricultural Uses. Grantor has the right to engage in the Agricultural Use of the Property and to use the Property as a Farm Operation provided that any processing,marketing or retailing of any Crops,Livestock and Livestock Products and that any similar activities involving any processed product associated with crops or livestock are not permitted on.the Property. Said farming practices shall be carried out consistent with the Conservation Plan and conducted in accordance with sound agricultural practices,which are practices necessary for on-farm production of agricultural commodities,provided such practices are legal,necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. "U-Pick" activities shall be deemed a harvesting activity,which is part of a typical agricultural use of the Property,and,therefore, shall not be deemed a Recreational Use or as a retail or marketing activity. 5(b). Bight to Use Property for Recreational Uses. Grantor retains the right to use the Property for Recreational Uses, subject to the limitations set forth in this Easement, including Section 8 ("Construction of Buildings and Other Improvements"). In all cases,Recreational Uses must be compatible with the Purpose of this Easement and subordinate to the Agricultural Use of the Property Page 5 of 21 6. Conservation Plan. Grantor and Grantee recognize that changes in economic and environmental conditions, in agricultural technologies, in accepted farm management practices, and in the Farm Operations of Grantor may result in changes in the Agricultural Uses of the Property. It is the intention of this Easement to maintain Grantor's discretion to employ its choices of farm uses and management practices so long as those uses and practices are conducted in accordance with sound agricultural practices (as described in Section 5(a)) and in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse environmental impacts of agricultural activities, as well as enhance the agricultural productivity and economic viability of the Property. The Conservation Plan shall be updated periodically and whenever the Farm Operation changes substantially. Upon request, Grantor shall provide a copy of the most current Conservation Plan to Grantee. 7. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any-portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 8. Construction of Buildings and.Other Improvements. Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvements to the Property only as provided in this Easement and set forth below and subject to any other approvals that may be required by federal; state or local laws and regulations. When permission of Grantee is required under this Section, such permission shall include any other permission as may be required by the Town Code of the Town of Southold and also as required elsewhere in this Easement. 8(a). Impervious Surfaces. It is the intention of this Easement to limit the extent of construction or placement of Impervious Surfaces on the Property. Grantor shall have the right to cover up to two . percent(2%) of the Property with Impervious Surfaces without permission of the Grantee. Grantor may,but only with permission of Grantee, cover up to a maximum of ten percent (10%)of the Property with Impervious Surfaces 8(b). Penes. Existing fences may be repaired,removed and replaced,and new fences may be built anywhere on the Property for purposes of reasonable and customary management of livestock and wildlife, safety and general management'and to prevent trespassing on the Property. 8(c).Agricultural Structures and Improvements. Agricultural structures and improvements may be placed or constructed on the Property in accordance with the provisions of this Section 8(c). Upon acceptable establishment of any r` Page 6 of 21 such agricultural structure or improvement,each agricultural structure and improvement may be repaired,removed, enlarged and replaced at its respective location, subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"). Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"),Grantor may construct buildings,structures and improvements for such purposes related to the Farm Operation on up to two percent(2%)of the Property without permission of Grantee. However,no building, structure or improvement shall be used in any manner that is associated with the processing,marketing or retailing of any Crops,Livestock and Livestock Products and no similar activities involving any processed product associated with crops or livestock shall be permitted on the Property With permission of Grantee,Grantor may construct buildings, structures and improvements related to the Farm Operation as described above,that would cover up to an additional eight percent(8%)of the Property. In the construction or placement of any Impervious Surfaces within the Property,the Grantor,shall use all practical means to minimize the extent of coverage over or associated impacts to prime soils and soils of statewide importance. 8(d).Farm Labor Rousing. Farm Labor Housing may be placed or constructed on the Property in accordance with the provisions of this Section 8(d). Upon acceptable establishment of any Farm Labor Housing, such Farm Labor Housing may be repaired,removed, enlarged and replaced at its respective location. Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"),Grantor may construct or place dwellings or structures and improvements exclusively for Farm Labor Housing on up to one percent(1%) of the Property without permission of the Grantee. With permission, Grantor may construct or place additional Farm Labor Housing on the Property as proven necessary to conduct current Farm Operations. The land on which these dwellings, structures and improvements stand shall not be subdivided, except as permitted in Section 11 ("Subdivision"). 8(e).Recreational Structures,Improvements and.Activities. Structures and improvements associated with Recreational Uses are permitted on the Property as set forth below so long as such improvements, structures and activities are compatible with the Purpose of this Easement and subordinate to the Agricultural Use of the Property. No structures, improvements or activities associated with Recreational Uses shall impair in any way the Agricultural Use of the Property. Recreational Uses shall not include golf courses and ranges. Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"),Grantor may only conduct Recreational Uses and may only construct or place structures or improvements associated with such activities during any portion of a growing season,provided that each such structure, improvement or activity is(i) compatible with the Purpose of this Easement, (ii) subordinate to the Agricultural Use of the Property, and(iii) Page 7 of 21 constructed,placed or conducted to avoid impairing topsoil or, if topsoil is impaired,with remediation of any resulting topsoil impairment. All such structures, improvements and activities shall be located in a manner that minimizes the impact to prime soils or soils of statewide importance. Grantor may enlarge, construct or place new permanent,recreational structures or improvements on the Property up to an aggregate of four hundred(400) square feet in size without permission of Grantee. Permission of Grantee is required for permanent recreational structures or improvements that exceed an aggregate footprint of four hundred (400) square feet. During only the dormant(i.e., off-season)period between the harvest of one crop and planting of another in an annual crop cycle, or during the fallow period(up to three years) in any crop field,recreational activities (e.g., cross-country skiing)may be conducted on the Property without limitation. 8(f). Utility Services and Septic Systems. Wires, lines,pipes, cables, tanks, or other facilities providing electrical, gas,water, sewer, sanitary sewer, septic, communications, or other like services to or from the improvements permitted in this Easement-may be installed,maintained, repaired,removed,relocated and replaced for such purposes. All such services and systems shall be compatible with the, Purpose of this Easement, subordinate to the Agricultural Use of the Property and located in a manner that minimizes the impact to prime soils or soils of statewide importance. g(g).Alternative Energy Structures and Improvements. Structures and improvements necessary to undertake alternative energy activities(such as wind, solar, and other similar energy generation) are permitted as further described below, provided they are compatible with the Purpose of this Easement, subordinate to the Agricultural Use of the Property,and located in a manner that minimizes the impact to prime soils or soils of statewide importance. Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"), such structures and improvements,including roads and drainage ditches,may be built on the Property only with the permission of Grantee,which may be conditioned upon the posting of a bond. These structures and improvements are permitted only if the activity is limited and localized in impact affecting no more than two percent(2%) of the Property at one time. Prior to determining the location of a site for these structures and improvements on the Property,the Grantor shall notify the Grantee,the New York State.Department of Agriculture and Markets,and the local Soil and Water Conservation District to give them an opportunity to participate in an onsite meeting to review proposed locations. Grantor shall comply with the New York State Department of Agriculture and Markets guidelines regarding agricultural impact avoidance,mitigation and remediation for construction of such structures. Page 8 of 21 9. Maintenance and Improvement of Water Sources. Grantor may use,maintain, establish,construct,and improve water sources,water courses and water bodies within the Property for the uses permitted by this Easement. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils,reduce soil erosion and/or flooding,provide irrigation for the Property or improve the agricultural or forest management potential of the Property,provided such alteration is consistent with the Conservation Plan is in accordance with sound agricultural practices (as described in Section 5(a)),is compatible with the Purpose of this Easement,and is carried out in accordance with applicable local,state and federal laws and regulations. 10.Water Rights. Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer,encumber,lease, sell or otherwise sever such water rights from title to the Property itself. 11. Subdivision. The Property is currently comprised of one tax map parcel owned by Grantor, designated as p/o SCTM#1000-97-1-12.8. The Property is not to be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law,except as provided herein. As required by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1)each resulting parcel contains at least 10 acres of Viable Agricultural Land and(2) each such parcel is permanently protected with a perpetual conservation easement(whose purpose is equivalent to that stated in Section 2 of this Easement). Notwithstanding the above, Grantor is subject to a further Declaration of Covenants and Restrictions recorded as of the date hereof prohibiting subdivision of the Property from"Excluded Area# 1" shown on the survey attached hereto and made a part hereof. Subdivision of"Excluded Area#2" shown on the survey attached hereto and made a part hereof from the Property shall not be prohibited. In the event that any Subdivision of the Property is approved by the Grantee, any portion of the Property so Subdivided shall remain subject to this Easement and approval by the Grantee must allocate to the Subdivided portion of the Property any portion of the following rights then remaining which are to be applied to the Subdivided portion: (a) Construction of Impervious Surfaces as set forth in Section 8(a) ("Impervious Surfaces"); (b) Construction or placement of agricultural structures and improvements underSection 8(c), ("Agricultural Structures and Improvements".); Page 9 of 21 (c) Construction or placement of Farm Labor Housing under Section 8(d), ("Farm Labor Housing"); (d) Construction or placement of recreational structures and improvements under Section 8(e), ("Recreational Structures, Improvements and Activities"); and (e) Construction of alternative energy structures and improvements under Section 8(g), ("Alternative Energy Structures and Improvements"). Such allocation of the rights in the noted sections shall not result in allowances greater than those allowed under each such section. At the discretion of Grantee, a functionally and materially equivalent Easement covering the Subdivided portion of the Property may be required and, if so, it shall be recorded immediately following its conveyance. Mortgages or other non-possessory interests in land do not constitute Subdivision for the purpose herein,provided such interests encompass the whole Property or such portion of the Property for which the Grantee has approved a Subdivision as noted above. 12.Forest Management. Without permission of Grantee, Grantor may clear forested areas for conversion to farmland, harvest wood for use on the Property including heating or construction of buildings and improvements,manage forested areas for wildlife habitat and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood products, conduct timber stand improvements and construct,maintain,remove, and repair unpaved access roads and"staging areas",those areas where logs are temporarily stored for transport necessary for such activities. All such activities shall be in accordance with generally-accepted forestry best management practices. Such commercial timber harvests and timber stand improvements shall be carried out in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, a Cooperating Consulting Forester with the New York State Department of Environmental Conservation or a qualified forester approved by Grantee. Grantor shall give Grantee, its successors or assigns,written notice not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13.Mining and®n-Site Extractive Activity. 13(a). Sand and Gravel Extractive Activities. The removal of topsoil, sand and gravel,or other material for exportation and/or sale shall be prohibited.Mineral exploitation and extraction by any method is prohibited. Soil may only be moved and/or removed in accordance with a Conservation Plan(Section 6),to promote required drainage Page 10 of 21 activities,to construct and maintain permitted structures and improvements on the Property, and for agricultural uses. 14.Road Construction. Subj ect to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"), Grantor may construct roads to provide access to, and parking for, permitted buildings or improvements,or to conduct other activities permitted by this Easement and maintain existing roads or construct new roads to provide access to"Excluded Area#1"shown on the survey attached hereto and made a part hereof. Roads constructed on the Property shall be located in a manner that minimizes impacts to prime soils and soils of statewide importance. 15.Dumping and Trash. The dumping, land filling,burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with sound agricultural practices (as described in Section 5(a)) and in a manner consistent with the Conservation Plan and all applicable State or federal laws or regulations. However,this shall not prevent the storage of agricultural products and byproducts, the storage of old farm equipment used for parts, and the composting or re-use of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated off the Property for non-commercial use on the Property, so long as they are used and stored in accordance with sound agricultural practices (as described in Section 5(a)).No biodegradable material used for composting,whether generated on the Property or imported to the Property,may be used for resale.Notwithstanding the foregoing,the storage and treatment of sewage associated With buildings permitted on the Property is permitted by this Easement. 16. Permission of Grantee. When Grantor is required to obtain permission for a proposed action pursuant to the Easement, such permission shall be requested In writing of the Grantee, which shall be preceded by a review by its Land Preservation Committee. Grantee shall grant permission only after its Land Preservation Committee has determined that such action is 1)compatible with the Purpose of this Easement and 2) subordinate to the Agricultural Use of the Property. Such permission shall not be unreasonably withheld. Grantee shall respond with a decision in writing within forty-five(45) days of receipt of the Grantor's written request which shall include all relevant building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. If mutually agreed upon by Grantee and Grantor,this timeline may be reasonably extended. Grantee shall not be liable for any damages for any failure to grant permission to Grantor. The permission contemplated in this Section is in addition to any other approvals that may be required by federal,state or local laws and regulations. 17.Ongoing responsibilities of Grantor and Grantee. Other than as specified herein,this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including,but not limited to,the following: Page 11 of 21 17(a). 'faxes. Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. 17(b).Upkeep and Maintenance. Grantor shall be solely responsible for the upkeep and maintenance of the Property,to the extent required by law and this Easement. However,under no circumstances`shall the Grantor establish or maintain a Lawn on the Property. Grantee shall have no obligation for the upkeep or maintenance of the Property. 17(c). Liability and Indemnification. Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof,unless due to the negligence of Grantee or its agents,in which case liability shall be apportioned accordingly. 18. State as Intervenor and Mediator Regarding Interpretations of Selected Definitions and Terms and Selected implementation of Provisions. Consistent with the policy of this state, as contained in Section 4 of Article 14 of the New York State Constitution and as (i) articulated in Section 300 of Article 25-AA of the AML, and(ii) demonstrated by the New York State share of the consideration paid for this Easement as authorized by Section 325 of Article 25-AAA of the AML,the New York State Department of Agriculture and Markets shall perpetually retain the right to intervene on any of the matters listed below provided any such intervention or mediation shall also be specifically limited as set forth below: advise the Grantor and Grantee of the State's interpretation of the following specific terms and definitions contained in and as used throughout this Easement— a. Agricultural Use, b. Conservation Plan, C. Crops,Livestock and Livestock Products, d. Farm Labor Housing, e. Farm Operation, f. sound agricultural practices (as described in Section 5(a)), and g. Viable Agricultural Land; (ii.) advise the Grantor and Grantee of the State's interpretation of the Purpose of this Easement; and (iii.) advise the Grantor and Grantee of the State's interpretation of the Grantee's proposed or demonstrated administration of the provisions of this Easement that the Department would deem as unreasonably restrictive on the Farm Operation on this Property so as to be in contravention of the purposes of Article 25-AA of the AML. Any such intervention by the Department shall be offered and intended to serve as non-binding advice to the Grantor and Grantee in an effort to avoid potential violations of this Easement that Page 12 of 21 would have arisen from either party's misinterpretation of any specific item noted above. Furthermore, if a dispute arises between the Grantor and the Grantee concerning the consistency of any proposed use or activity with the Purpose(s) of this Easement or any of the specific provisions contained herein, and Grantor agrees not to proceed with the use or activity pending resolution of the dispute, either party may request a meeting between the parties and the New York State Department of Agriculture and Markets for mediation. Within ten(10) days of such request, Grantor and Grantee shall schedule a meeting with the New York State Department of Agriculture and Markets,which will recommend potential resolutions of the dispute. Notwithstanding anything in Section 3 ("Implementation"),nothing in this clause shall otherwise diminish Grantee's rights under Section 22 ("Enforcement"). 19.Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement,all non-agricultural development rights appurtenant to the Property are hereby released,terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described,or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 20.Baseline(Documentation. By its execution of this Easement, Grantee acknowledges that the present uses of, and related structures and improvements on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report(the"Report"), including relevant maps and photographs, describing such condition at the date hereof,has been prepared and subscribed by both parties, and a copy thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred,but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 21. Right of Inspection. Grantee shall have the right to enter upon the Property with forty-eight(48)hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time that is mutually agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect,no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. Page 13 of 21 22.Enforcement. If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty(3 0) days to cure the violation. Notwithstanding the foregoing,where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary,through temporary or permanent injunction. In addition to injunctive relief, Grantee shall also be entitled to seek the following remedies in the event of a violation: 1)money damages,including damages for the loss of the resources protected under the Purpose of this Easement;and 2)restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to,reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each parry shall bear its own costs. 23.Transfer of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that, at the time of transfer is a"public body" or a"not-for-profit conservation organization"as defined by Article 49 of the ECL or a "qualified organization"under Section 170(h) of the Code or a soil and water conservation district board pursuant to Section 9(4-a)of the Soil and Water Conservation Districts Law,provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ceases to exist or qualify under Article 49 of the ECL and Section 170(h)of the Code,a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets must be notified in writing in advance of any such transfer. The Department of Agriculture and Markets must approve the choice of any new non-governmental organization or public agency designated as"Grantee." 24. Transfer of Property. Any subsequent conveyance, including, without limitation,transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease,mortgage, easement, etc.} is s bject to a Conservation Ease nt which runs with the land and which was granted - y instrument dated cq) and recorded in the office of the Clerk of Suffolk County at Liber'n Page', ." an or shall notify Grantee and the New York State Department of Agriculture and Markets in writing at least thirty(30)days before conveying the Property,or any part thereof or interest therein,to any third party. The failuxe to notify Grantee or New York State Department of Agriculture and Markets or to include said language in Page 14 of 21 4 any deed or instrument shall not,however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 25.Alienation No property rights acquired by Grantee hereunder shall be alienated except upon notice to the New York State Department of Agriculture and Markets and pursuant to the provisions of Chapter 70 of the Town Code,or any successor chapter,following a public hearing and,thereafter,ratified by a mandatory referendum by the electors of the Town of Southold.No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of these property rights or interests which were acquired by the Town prior to any such amendment. In the event of any such alienation as provided in this Section 25, Section 28 ("Proceeds")of this Easement shall apply to such alienation. 26.Amendment of Easement. This Easement may be amended only with the written consent of Grantee and the then current Owner of the Property and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be compatible with the Purpose of this Easement and shall comply with the ECL or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate Farm Operations in contravention of the purposes of Article 25-AA of the AML or such successor law as enacted or amended. Any such amendment to this Easement shall be duly recorded. 27.Extinguishment of Easement. At the mutual request of Grantor, Grantee,and the New York State Department of Agriculture and Markets,a court with jurisdiction may,if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2("Purpose"),extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing,if condemnation by exercise of the power of eminent domain makes it impossible to continue use of all or such portion of the Property for the Purpose of this Easement as described in Section 2 ("Purpose")herein,the restrictions may be extinguished as to any such portion so condemned by judicial proceeding. Upon any subsequent sale, exchange or involuntary conversion(pursuant to this Section)by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28 ("Proceeds") herein. In the event that Grantor retains the Property subsequent to any such extinguishment or partial extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property as to which the extinguishment applies times the percentage determined under Section 28. Page 15 of 21 28.Proceeds. The grant of this Easement gives rise to a property right, immediately vested in Grantee,which property right has a monetary value in the event of an extinguishment or partial extinguishment or proceeds from a sale or other disposition of the Property as contemplated in Section 27 ("Extinguishment of Easement"). That monetary value is determined as follows: multiply (a) times (b),where— (a) =the Grantee's Proportionate Share,and (b) =the value of that portion of the Property no longer encumbered by this Easement as the result of the extinguishment. Grantee's Proportionate Share shall be determined by dividing the value of this Easement, calculated as of the date hereof,by the unencumbered value of the Property, also calculated as of the date hereof. For this Easement,the Grantee's Proportionate Share is sixty-eight and eight tenths percent(68.8%), and shall remain constant, subject only to reasonable adjustment to the extent permissible under Section 170(h) of the Code for any improvements which may hereafter be made on the Property. With regard to the portion of such Proportionate Share equal to that paid using State grant funds, Grantee agrees to use such portion in a manner compatible with the Purpose of this Easement. Prior to such re-use, Grantee must provide written notification to the New York State Department of Agriculture and Markets and to the Suffolk County Agricultural and Farmland Protection Board. 29.Interpretation. This Easement shall be interpreted under the laws of the State of New York,or federal law,as appropriate. This Easement shall be liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous,an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. If a dispute arises between the Grantor and the Grantee concerning the interpretation of any clause of this Easement such that there is a conflict between the clauses required by the New York State Department of Agriculture and Markets("Department"),listed in the attached Appendix_{letter or #to be inserted),and the remaining clauses of the Easement,an interpretation consistent with the Department clauses that would render the Department clauses valid shall be favored over any interpretation that would render such clauses invalid. 30.recitals and Exhibits Incorporated Herein. Any and all recitals in this Easement are agreed by the parties to be accurate, are incorporated into this Easement by this reference, and shall constitute integral terms and conditions of this Easement. Any and all exhibits and addenda attached to and referred to in this Easement are hereby incorporated into this Easement as if fully set out in their entirety herein. 31. Successors. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective Page 16 of 21 agents,heirs, executors, administrators, assigns,and other successors in interest,and shall continue as a servitude running in perpetuity with the Property. 32. Severability. Invalidity of any of the covenants,terms or conditions of this Easement,or any part thereof,by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 33.Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i)by personal delivery, (ii)via registered or certified mail, return receipt requested, or(iii)via Federal Express or other private courier of national'reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: 1) if to Grantee, at the address set forth above and to Town Attorney,Town of Southold, at the same address; 2) if to Grantor, at the address set forth above; 3) if to any subsequent owner.- at the address of the Property;or 4)if to New York State Department of Agriculture and Markets, IOB Airline Drive,Albany,New York 12235. Any party can change the address to which notices are to be sent to him,her or it by duly giving notice pursuant to this Section 33. 34.Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement;that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 35.Subsequent Liens on Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels,as collateral for a subsequent borrowing.Any subsequent liens on the Property must be subordinate to this Easement. 36.Subsequent Encumbrances. The grant of any easements or use restrictions is prohibited,except with the permission of Grantee. Any future encumbrances shall be consistent with the primary Purpose of this Easement and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 37.Grantor's Environmental Warranty. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property,as such substances and wastes are defined by applicable law, and hereby promises to hold harmless, defend, and indemnify Grantee and New York State - Department of Agriculture and Markets against and from,any and all loss,cost,claim(without regard Page 17 of 21 i to its merit),liability or expense(including reasonable attorneys' fees)arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous,toxic,polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation,including any cleanup. Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended("CERCLA") or any corresponding state and local statute or ordinance. 38.Duration of Easement. Except as expressly otherwise provided herein,this Easement shall be of perpetual duration,and no merger of title,estate or interest shall be deemed effected by any previous,contemporaneous,or subsequent deed, grant,or assignment of an interest or estate in the Property,or any portion thereof,to Grantee, it being the express intent of the parties that this Easement not be extinguished by,or merged into,any other interest or estate in the Property now or hereafter held by Grantee. 39.Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions,negotiations,understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 26 ("Amendment of Easement"). 40.Waiver. No waiver by Grantee of any default,or breach hereunder,whether intentional or not,shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 41. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the - Property transferred,cease being a Grantor or Owner with respect to such Property for purposes of this Page 18 of 21 Easement and shall have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property,but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 42. Lien Law. This conveyance is made subject to the trust fund provisions of Section Thirteen of the New York Lien Law. 43. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. Page 19 of 21 II WITNESS WHEREOF,Grantor and Grantee, intending to be legally bound hereby,have hereunto set their hands on the date first above written. Grantor: t9�t�vatc c? 2�� Joanne Calabrese Grantor- John Calm Grantee- Town Southold By: Sc6V A. Russell, Supervisor (IF a Third Party Right of Enforcement is inserted into this Easement, a signature block(and notary block) acknowledging acceptance of that role Faust be inserted here) 'tate o fNew York ) County of Suffolk )ss.: On the day of April in the year 2016 before me,the undersigned,personally appeared Joanne Calabrese, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. t) Signature/office of individual taking acknowledgement PATRICIA L. FALLOM State of New York ) Notary Public, State Of Now York No. O1 FA4950146 Qualified in Suffolk County County o,f Suffolk )ss.: Commission Expires April 24, o�/ On the 4� day of April in the year 2016 before me,the undersigned,personally appeared John Calabrese, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Signature/office of individual taking acknowledgement Page 20 of 21 PxrRICIA L. FALLOM Notary Public, state of New York t-io. 01 FA4960146 Qualified in Suffolk.COUMLY g Commission expires April 24, �I State of New York ) County of Suffolk )ss.. On the day of April in the year 2016 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. Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of Naas York No. 01 FA4950146 Qualified in Suffolk Courtty Commission Eipires April 94, ,26 f Page 21 of 21 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New Fork, being District 1000 Section 097.00 Block 01.00 Part of Lot 012.003, bounded and described as follows: STARTING at a monument on the northerly side of Main Road(S.R.25), said point being 353.34 feet westerly from the comer formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road(S.R.25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds Vilest 300.00 feet to a monument at the point or place of BEGINNING; RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same is intersected by,the division line between premises herein and lands now or formerly of County of Suffolk Palmer lines LLC; RUNNING THENCE along said division line the following courses and distances: Forth 20 degrees 03 minutes 40 seconds West 194.32 feet; -South 69 degrees 56 minutes 20 seconds West 167.31 feet; South 50 degrees 17 minutes 50 seconds West 133.50 feet; and North 44.4 degrees 51 minutes 40 seconds West 701.40 feet to a point, THENCE northeasterly North 45 degrees 03 minutes 20 seconds East 330.00 feet; THENCE northwesterly North 44 degrees 51 minutes 40 seconds Vilest 273.07 feet to a point, where the same is intersected by the division line between premises described herein and lands now or formerly of Pugliese vineyards LLC Town of Southold; THENCE along said division line North 45 degrees 03 minutes 20 seconds East 352.32 feet to a point; THENCE southeasterly the following courses and distances: South 44 degrees 53 minutes 30 seconds East 45.07 feet; South 43 degrees 49 minutes 30 seconds East 655.10 feet; South 43 degrees 53 minutes 20 seconds East 666.63 feet; and South 43 degrees 51 minutes 40 seconds East 74.10 feet to a monument; THENCE southwesterly South 69 degrees 56 minutes 20 seconds Vilest 401.42 feet to a monument at the point or place of BEGINNING. Said premises being District 1000 Section 097.00 Block 01.00 Part of 012.003 and known,as the"Development Rights Easement Area" as shown on Survey made by Peconic Surveyors, P.C. dated 11/23/2015, last revised 12/15/2015. SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. ` 2000-87-01 LES SCAI'-100' MOMWEER 23,2075 oEsecMSM 1MER 5fr(RWSIONj s �¢' row B"srgr 5 MAMM A,i.�, snxwr aua+umAArr<wlvAvr • 1 n,.vw �6� � _sf eg ti ti r� � T��■l� d� ul of! -xrow!�"xaPia��m•TO4 vw.ow �� lu" DJ514aW/rIMY �.••,I,�. ....-�.... �mNx TOfALAWA-9=ACM CRGV.MBMFr. .Ina'Kiev'f pXUCW AIF.A%-em ACFM OfllA?wm Fr, U)MUmAMA42-045AM0 m2mom Fr. AFRO A)E{ ACAE3 cn wmpr.. .urf��x„w�n'wv ti,iu,xuenrlx,Inr,rw -`•�'�xx tl-� � A'TS /L! �aBIP �nA�Mi�¢CX.ii-.�n<aiw9a��'�+•vm PpD aN%ENIiCBAR'A-4N7Ad39 cH 9D:.MSBO.M. nxam ncrl -rTtuN1 IC Y4 z±uv.'.•m:w.n r o r."(`�asp s++.�-+c aR.c Ca7U rrsavzo!wx!vr)7as.inr wur m.uc x=uas:rrsn. a n°v�le°oAi/a mer soua,xa x.r,nan SS-202 i T I T L E P O L I C _ Y ALTA Owner's Policy(6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Stewart title insurance company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY,a New York corporation, (the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified,expired,or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in,that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: �NSUpq ell ;a 1987 Julie Curler ais'� yV President PPold 6fnco Agent Stewart Title Insurance Company Denise arraux New York, New York Corporate Secretary Part 1 of Policy Sena]No. 0-8911-731523 If you want information about coverage or need assistance to resolve complaints,please call our toll free number: 1-800-433-0014. If you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at htto•//www StewartNewYork.com File No.: STI 5-24684 COVERED RISKS(Continued) 9 Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy,state insolvency,or similar creditors'rights laws;or and prior to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule, A constitutes a preferential transfer under federal The Company will also pay the costs,attorneys'fees,and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy,but Known to the Insured Claimant and not disclosed expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy; those relating to building and zoning)restricting,regulating,prohibiting,or (c) resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy (however, this (i) the occupancy,use,or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk (ii) the character, dimensions, or location of any improvement 9 and 10);or erected on the Land; (e) resulting in loss or damage that would not have been sustained if (iii) the subdivision of land;or the Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency, or similar creditors' rights laws, that the transaction vesting regulations. This Exclusion 1(a)does not modify or limit the coverage provided the Title as shown in Schedule-A,is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of modify or limit the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy 3. Defects,liens,encumbrances,adverse claims,or other matters and the date of recording of the deed or other instrument of transfer in the (a) created,suffered,assumed,or agreed to by the Insured Claimant; Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes. (a) "Amount of Insurance": The amount stated in Schedule A, as (ii) With regard to(A),(B),(C),and(D)reserving,however,all may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company increased by Section 8(b),or decreased by Sections 10 and 11 would have had against any predecessor Insured. of these Conditions. (e) "Insured Claimant": An Insured claiming loss or damage. (b) "Date of Policy": The date designated as "Date of Policy" in (1) "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart company,or other similar legal entity. constructive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed (i) The term"Insured"also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land" does not include any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, title, interest, devisees, survivors, personal representatives, or estate, or easement in abutting streets, roads,avenues,alleys, next of kin;, lanes,ways,or waterways,but this does not modify or limit the (B) successors,to an Insured by dissolution, merger, extent that a right of access to and from the Land is insured by consolidation,distribution,or reorganization; this policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of Entity; security instrument, including one evidenced by electronic (D) a grantee of an Insured under a deed delivered means authorized by law. without payment of actual valuable consideration (i) "Public Records": Records established under state statutes at conveying the Title Date of Policy for the purpose of imparting constructive notice of (1) if the stock,shares,memberships,or other equity matters relating to real property to purchasers for value and interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d),"Public named Insured, Records"shall also include environmental protection liens filed (2) if the grantee wholly owns the named Insured, in the records of the clerk of the United States District Court for (3) if the grantee is wholly-owned by an affiliated the district where the Land is located. Entity of the named Insured, provided the affiliated (j) 'Title": The estate or interest described in Schedule A. Entity and the named Insured are both wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent by the same person or Entity,or matter that would permit a prospective purchaser or lessee of (4) if the grantee is a trustee or beneficiary of a trust the Title or lender on the Title to be released from the obligation created by a written instrument established by the to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. Page 2 Serial No.: 0-8911-731523 File No.: ST15-24684 CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful in favor of an Insured, but only so long as the Insured retains an act that in the opinion of the Company may be necessary or estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If purchase money Mortgage given by a purchaser from the Insured,or the Company is prejudiced by the failure of the Insured to only so long as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any (i)an estate or interest in the Land,or(ii)an obligation secured by a litigation, with regard to the matter or matters requiring such purchase money Mortgage given to the Insured. cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the title or interest that is adverse to the Title,as insured,and that might Company, all records, in whatever medium maintained, cause loss or damage for which the Company may be liable by virtue including books,ledgers,checks,memoranda,correspondence, of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to Insured Claimant to provide prompt notice,the Company's liability to the loss or damage. Further, if requested by any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company,the Insured Claimant shall grant of the prejudice. its permission, in writing, for any authorized representative of the Company to examine,inspect,and copy all of these records 4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss to the loss or damage. All information designated as or damage,the Company may,at its option,require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Claimant furnish a signed proof of loss. pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgment of the Company, it is necessary in other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant of loss or damage and shall state,to the extent possible,the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information,or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection,unless prohibited by law or governmental regulation, (a) Upon written request by the Insured,and subject to the options shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions,the Company,at its to that claim. own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is limited to only those stated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company following additional options: shall have the right to select counsel of its choice(subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause)to represent or tender payment of the Amount of Insurance under this policy the Insured as to those stated causes of action. It shall not be together with any costs,attorneys'fees,and expenses incurred liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company Company will not pay any fees,costs,or expenses incurred by up to the time of payment or tender of payment and that the the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured damage to the Insured. The Company may take any or With the Insured Claimant. appropriate action under the terms of this policy,whether or not (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the subsection,it must do so diligently. Insured Claimant that were authorized by the Company up (c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company is obligated as required or permitted by this policy, the Company may to pay;or pursue the litigation to a final determination by a court of (ii) To pay or otherwise settle with the Insured Claimant the competent jurisdiction,and it expressly reserves the right,in its loss or damage provided for under this policy, together sole discretion,to appeal any adverse judgment or order. with any costs, attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company 6. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permits or requires the Company obligated to pay. to prosecute or provide for the defense of any action or Upon the exercise by the Company of either of the options proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss action or proceeding,including the right to use,at its option,the or damage,other than the payments required to be made,shall name of the Insured for this purpose. Whenever requested by terminate, including any liability or obligation to defend, the Company, the Insured, at the Company's expense, shall prosecute,or continue any litigation. give the Company all reasonable aid (i) in securing evidence, Page 3 Serial No.: 0-8911-731523 File No.: ST15-24684 CONDITIONS(Continued) 8. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. If a payment on account of a claim does This policy is a contract of indemnity against actual monetary loss or not fully cover the loss of the Insured Claimant, the Company damage sustained or incurred by the Insured Claimant who has shall defer the exercise of its right to recover until after the suffered loss or damage by reason of matters insured against by this Insured Claimant shall have recovered its loss. policy. (b) The Company's right of subrogation includes the rights of the (a) The extent of liability of the Company for loss or damage under Insured to indemnities, guaranties, other policies of insurance, this policy shall not exceed the lesser of or bonds, notwithstanding any terms or conditions contained in (i) the Amount of Insurance;or those instruments that address subrogation rights. (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured 14. ARBITRATION against by this policy. Either the Company or the Insured may demand that the claim or (b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title Conditions and is unsuccessful in establishing the Title, as Insurance Arbitration Rules of the American Land Title Association insured, ("Rules"). Except as provided in the Rules,there shall be no joinder (i) the Amount of Insurance shall be increased by 10%,and or consolidation with claims or controversies of other persons. (ii) the Insured Claimant shall have the right to have the loss Arbitrable matters may include,but are not limited to,any controversy or damage determined either as of the date the claim was or claim between the Company and the Insured arising out of or made by the Insured Claimant or as of the date it is settled relating to this policy, any service in connection with its issuance or and paid. the breach of a policy provision,or to any other controversy or claim (c) In addition to the extent of liability under (a) and (b), the arising out of the transaction giving rise to this policy. All arbitrable Company will also pay those costs, attorneys' fees, and matters when the Amount of Insurance is$2,000,000 or less shall be expenses incurred in accordance with Sections 5 and 7 of these arbitrated at the option of either the Company or the Insured. All Conditions. arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the 9. LIMITATION OF LIABILITY Company and the Insured. Arbitration pursuant to this policy and (a) If the Company establishes the Title, or removes the alleged under the Rules shall be binding upon the parties. Judgment upon defect, lien, or encumbrance, or cures the lack of a right of the award rendered by the Arbitrator(s) may be entered in any court access to or from the Land,or cures the claim of Unmarketable of competent jurisdiction. Title, all as insured, in a reasonably diligent manner by any method,including litigation and the completion of any appeals,it 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE shall have fully performed its obligations with respect to that CONTRACT matter and shall not be liable for any loss or damage caused to (a) This policy together with all endorsements, if any,attached to it the Insured. by the Company is the entire policy and contract between the (b) In the event of any litigation, including litigation by the Insured and the Company. In interpreting any provision of this Company or with the Company's consent, the Company shall policy,this policy shall be construed as a whole. have no liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction, and Title or by any action asserting such claim shall be restricted to disposition of all appeals,adverse to the Title,as insured. this policy. (c) The Company shall not be liable for loss or damage to the (c) Any amendment of or endorsement to this policy must be in Insured for liability voluntarily assumed by the Insured in settling writing and authenticated by an authorized person,or expressly any claim or suit without the prior written consent of the incorporated by Schedule A of this policy. Company. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF provisions. Except as the endorsement expressly states, it LIABILITY does not(i)modify any of the terms and provisions of the policy, All payments under this policy, except payments made for costs, (ii)modify any prior endorsement,(iii)extend the Date of Policy, attorneys'fees,and expenses,shall reduce the Amount of Insurance or(iv)increase the Amount of Insurance. by the amount of the payment. 16. SEVERABILITY 11. LIABILITY NONCUMULATIVE In the event any provision of this policy, in whole or in part, is held The Amount of Insurance shall be reduced by any amount the invalid or unenforceable under applicable law, the policy shall be Company pays under any policy insuring a Mortgage to which deemed not to include that provision or such part held to be invalid, exception is taken in Schedule B or to which the Insured has agreed, but all other provisions shall remain in full force and effect. assumed, or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the 17. CHOICE OF LAW;FORUM amount so paid shall be deemed a payment to the Insured under this (a) Choice of Law: The Insured acknowledges the Company has policy. underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting 12. PAYMENT OF LOSS interests in real property and applicable to the interpretation, When liability and the extent of-loss or damage have been definitely rights, remedies,or enforcement of policies of title insurance of fixed in accordance with these Conditions, the payment shall be the jurisdiction where the Land is located. made within 30 days. Therefore, the court or an arbitrator shall apply the law of the v jurisdiction where the Land is located to determine the validity of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to (a) Whenever the Company shall have settled and paid a claim interpret and enforce the terms of this policy. In neither case under this policy,it shall be subrogated and entitled to the rights shall the court or arbitrator apply its conflicts of law principles to of the Insured Claimant in the Title and all other rights and determine the applicable law. remedies in respect to the claim that the Insured Claimant has (c) Choice of Forum: Any litigation or other proceeding brought by against any person or property, to the extent of the amount of the Insured against the Company must be filed only in a state or any loss, costs, attorneys' fees, and expenses paid by the federal court within the United States of America or its territories Company. If requested by the Company,the Insured Claimant having appropriate jurisdiction. shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant 18. NOTICES,WHERE SENT shall permit the Company to sue, compromise, or settle in the Any notice of claim and any other notice or statement in writing required to name of the Insured Claimant and to use the name of the be given to the Company under this policy must be given to the Company at Insured Claimant in any transaction or litigation involving these Claims Department at 300 East 42"d St,10th Floor,New York,NY 10017. 11 Page 4 Serial No.: 0-8911-731523 File No.: ST15-24684 ALTA OWNER'S POLICY(6/17/06) SCHEDULE A File No.: ST15-24684 Policy No.: 0-8911-731523 Amount of $1,016,320.00 Insurance: Date of April 12,2016 Policy: 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Easement 3. Title is vested in:. DEED OF CONSERVATION EASEMENT made by and between Town of Southold and John Calabrese and Joanne Calabrese dated 4/12/2016 to be duly recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this policy is described as follows: r See Schedule A Description,attached hereto and made apart hereof. Section: 097.00 Block: 01.00 Lot: 012.008 ALTA OWNER'S POLICY(6/17/06) SCHEDULE A DESCRIPTION File No.: ST15-24684 Policy No.: 0-8911-731523 RE-REVISED 12/23/2015 ALL that certain plot,piece or parcel of land, situate, lying and being at Cutchogue,in the Town of Southold,County of Suffolk and State of New York,being Development Rights Easement Area bounded and described as follows: STARTING at a monument on the northerly side of Main Road(S.R.25), said point being 853.34 feet westerly from the corner formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road(S.R.25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument at the point or place of BEGINNING; RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point,where the same is intersected by the division line between premises herein and lands now or formerly of County of Suffolk Palmer Vines LLC; r RUNNING THENCE along said division line the following courses and distances: North 20 degrees 03 minutes 40 seconds West 194.32 feet; South 69 degrees 56 minutes 20 seconds West 167.31 feet; South 50 degrees 17 minutes 50 seconds West 183.50 feet; and .Rw North 44 degrees 51 minutes 40 seconds West 701.40 feet to a point; THENCE northeasterly-North 45 degrees 08 minutes 20 seconds East 330.00 feet; THENCE northwesterly North 44 degrees 51 minutes 40 seconds West 278.07 feet to a point,where the same is intersected by the division line between premises described herein and lands now or formerly of Pugliese Vineyards LLC Southold Town of-, THENCE along said division line North 45 degrees 08 minutes 20 seconds East 352.32 feet to a point; THENCE southeasterly the following courses and distances: South 44 degrees 58 minutes 30 seconds East 45.07 feet; South 43 degrees 49 minutes 30 seconds East 655.10 feet; South 43 degrees 58 minutes 20 seconds East 666.83 feet;and South 43 degrees 51 minutes 40 seconds East 74.10 feet to a monument; THENCE southwesterly South 69 degrees 56 minutes 20 seconds West 401.42 feet to a monument at the point or place of BEGINNING. TOGETHER with and subject to a non-exclusive Easement dated April 12,2016 made by John Calabrese and Joanne Calabrese for ingress and egress over a part of Lot 012.008 in District 1000,Section 097.00,Block 01.00 on the Suffolk County Tax Map and further shown as"Excluded Area#2"on a Survey made by Peconic Surveyors,P.C. dated 11/23/2015,last revised 12/15/2015. ALTA OWNER'S POLICY(6/17/06) SCHEDULE B PARTI File No.: ST15-24684 Policy No.: 0-8911-731523 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses)that arise by reason of: 1. Declaration of Covenants and Restrictions for Ralph Pugliese,Patricia Pugliese,John Calabrese and Joanne Calabrese in Liber 11204 Page 280. 2. Electric Easement in Liber 12193 Page 477. 3. Restrictive Covenants in Liber 11627 Page 777. 4. Notes on Filed Map#9075. 5. Survey Exceptions as shown on survey made by-Peconic Surveyors,P.C., last dated 12/15/2015(job number 15- 202): a) Asphalt and gravel driveways cross premises.Rights and easements of others are excepted; b) Pond and wetlands on southerly portion of premises.Possible governmental regulation by reason of same. 6. Together with and subject to the terms and conditions of a non-exclusive Easement dated April 12,2016 made by John Calabrese and Joanne Calabrese for ingress and egress over a part of Lot 012.008 in District 1000,Section 097.00,Block°01.00 on the Suffolk County Tax Map and further shown as"Excluded Area#2"on a Survey made by Peconic Surveyors,P.C. dated 11/23/2015,last revised 12/15/2015. 7. Declaration of Covenants and Restriction made as of April 12,2016 by Joanne Calabrese and John Calabrese and to be recorded in the Suffolk County Clerk's Office. 8. Rights of tenants or parties in possession,if any. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST15-24684 Date of Issue: Apri112,2016 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-731523 1. The following is added as a Covered Risk: 11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments,water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. ! This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATED: April 12,2016 Countersigned By: it3Sttgq 1 � Julie Curfen c� President 1987 VA 41 't 4Q«f�Z`bb xk Demise rraux if d 6166 o Agent Corporate Secretary Stewart Title Insurance Company 300 East 42nd St.,10th Fl New York,New York 10017 STANDARD NEW YORK ENDORSEMENT(7/01/1'2) FOR USE WITH ALTA OWNER'S POLICY(6-17-06) C O v E N A N T S R S T R I C T I O N S � t I IIIIIII IIII VIII VIII VIII IIID VIII VIII VIII IIII IIII 111111 VIII illll IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/03/2016 Number of Pages : 8 At: 01 :45: 41 PM Receipt Number : ,1670068799 LIBER: D00012862 PAGE : 978 District: Section: Block: Lot: 1000 097.00 01 . 00 012 .008 EXAMINED AND CHARGED AS FOLLOWS r.�ceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 .00 NO Handling $20. 00 NO COE $5 . 00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0 .00 NO Cert.Copies $10 .00 NO RPT $200 .00 NO Fees Paid $290 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Y 00 Number of pages FECOR:DED j 2016 May 07 01:45:41 Ph 1,0DI TH P;. PAS-CRLE This document will be public „F'L',, 9 � �l�G: ,,`ll l;;`r,t record. Please remove all' ` L D00012862 Social Security Numbers i'=' prior to recording. Deed/Mortgage Instrument Deed/Mortgage-Tax Stamp Recording/Filing Stamps 3 FEE Page/Filing Fee q0 Mortgage Amt: i 1. Basic Tax Handling 00 2. Additional Tax TP-584 Sub Total' Notation j Spec./Assit. � - � ' j_ or EA-52 17(County) __ ' Sub Total ;Spec./Add.• - EA-5217(State) TOT.MTG.TAX' R.P.T.S.A. Dual Town Dual County Held for Appointment Conlin.of Ed. 5. 00 ' Transfer Tax- Affidavit - '�1 + Mansion Tax .. `' ri ' " �� The property,'covered by,this mortgage is Certified Copy a Q) _ or will be unproved by a one or two NYS Surcharge 15., 00 family dwelling only. 'Sub°Total' YES_ or NO Other f 'Grand-Total, O: If NO,see appropriate tax clause on page# of this instrument. 4 Dist.Id-, 3144566 1000 09700 01001012008 '0�8 5 Commun#t ,_Preservation Fund Real Property P T S II�II11111111111111�II�II� Consideration' Amount$ ' Tax Service R LPA A Agency 29 APR-1 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List-Property Owners Mailing Address RECORD&RETURN TO- Vacant Land p TD P�, f3 DX //7`J TD 1)7aufo�n, A/y J/77/ TD Mail to:Judith A. Pascale, Suffolk County Clerk Tj Title Company Information 310 Center Drive, Riverhead, NY 11901 do.Name 7�2dAR7 - rc , Ns• Ce www.suffolkcountyny.gov/clerk Tide# �,j jam_ ,�(p8 8 Suffolk County Recording' & Endorsement Pa e 1 This page forms part of the attached J)t-ZL&�#77en! dr-&U�1A-Arrs Imo )er— !-1 -476,'s made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of 40 u7 /,1, d 7&U,C1 d F SO(z we,LQ In the!VILLAGE 1 or HAMLET of_ &7-C.4064UE BOXES 6 THRU 8 MUST BE TYPED OR PREMD IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this /,-)— day of April, 2016, by JOANNE CALABRESE and JOHN CALABRESE, hereinafter collectively referred to as the " DECLARANT", as owner of the premises known as 34615 NYS Route 25, Cutchogue, New York, and designated as SCTM #1000-97-1-12.8 and shown on a survey prepared by Peconic Surveyors, P.C. dated November 23, 2015 and last revised December 15, 2015 (a reduced copy of which survey is attached hereto and made a part hereof), an 2.106 acre portion of which is designated as"Excluded Area #1", and an 0.348 acre portion of which is designated as"Excluded Area #2". WITNESSETH : WHEREAS, DECLARANT is the owner of certain real property of approximately 19 acres situate at 34615 NYS Route 25, Cutchogue, in the Town of Southold, County of Suffolk and State of New York, (the "Property'l; and WHEREAS, the DECLARANT has granted to the Town of Southold a Deed of Conservation Easement dated April LL, 2016 for an 16.577 acre portion of SCTM #1000-97-1-12.8 (hereinafter"Easement Area') and described in the metes and bounds description attached hereto and made a part hereof as Schedule "A"; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of development rights on the Easement Area through contract number C800821; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to the Town to forever prohibit the separation of the fee title ownership of Excluded Area #1, described in the metes and bounds description attached hereto and made a part hereof as"Excluded Area #1", from that of the Easement Area; and WHEREAS, subdivision of the fee title ownership of Excluded Area #2, described in the attached metes and bounds description attached hereto and made a part hereof as Excluded Area 2, from that of the Easement Area is not prohibited but is subject to any and all required governmental approvals, including Planning Board of the Town of Southold, and further subject to a provision for sufficient access to the resultant property, including the Easement Area and Excluded Area #1; and WHEREAS, for and in consideration of the acceptance of the Deed of Conservation Easement, the Town Board of the Town of Southold (the "Town Board's has required that this 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 Easement Area and the Excluded Area #1 shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon Declarant and upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT shall not make, application for or seek any relief from the Town of Southold that would allow the subdivision of Excluded Area #1 from the area subject to the Deed of Conservation Easement. C) 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 2 ( by subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: ANNE CALABRESE JOHN CALABRESE STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the /,�, day of April in the year 2016 before me, the undersigned, personally appeared Joanne Calabrese, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument. m�� k J)-t& NotaryPublic PATRICIA L. FALLON STATE OF NEW YORK) Notary Public,State of New York No. 01 FA4950146 q SS.: Commission Expirein s Aprt124, e��/ COUNTY OF SUFFOLK) On the 1A day of April in the year 2016 before me, the undersigned, personally appeared John Calabrese, 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 individuals, or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public,State of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24. 011z f9 3 SURVEY OF PROPERTY AT CUTCHO(3UE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-87-01-128 t SCALE`1'=100' NOVEMBER 24 2015 �p l DECEMBER$2015(RENSIONS) jt \\ DECEMBER 15,2015(REVISIONS) yy !`�1 roxu or srurnae �� 1Iy`\, "�� Ir S�FleART R2E 6VSIhPnh!£LRW'artY /-v""" .•�"�� PP\fir a � O S 1 S r� o z z� In, � �j s. ftopD AF! •-,ta-txr A+Fa rt sb!tf�%r�[mit W =AGNEA-Q=AC(EE CRBRIRM BdFf / -ma v,cr✓ios EXCLLCED AtbA h-f"ACIB ONYffmm FT - 'r/>t f. :• —oMn--avrea an 8M%M=A1FA42- ACFEM g1ALomffEASG �I x rtt CEyELCFMWFMft 1 Y n.RA.t✓ nW y Rls swa n� 1461IAMM OR 773AA B0.Fr.. a rta urx.rm. F=wdWE%MMAFPA-Om7ACFE'3 OROCMOMPf �• xD sselB ' s,m LOKse°F°!°i,¢wvK-a.' �amw�vr.rcrexs Pc .�aa wun.e Mrcina un�s''' aI�areozo r.R/vrl r s-r+ar IrWn.Pni�iir iiA�+i 16—.202 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008, bounded and described as follows: STARTING at a monument on the northerly side of Main Road (S.R. 25), said point being 853.34 feet westerly from the comer formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road (S.R. 25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument at the point or place of BEGINNING; RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of County of Suffolk Palmer Vines LLC; RUNNING THENCE along said division line the following courses and distances: North 20 degrees 03 minutes 40 seconds West 194.32 feet; South 69 degrees 56 minutes 20 seconds West 167.31 feet; South 50 degrees 17 minutes 50 seconds West 183.50 feet; and North 44 degrees 51 minutes 40 seconds West 701.40 feet to a point; THENCE northeasterly North 45 degrees 08 minutes 20 seconds East 330.00 feet; THENCE northwesterly North 44 degrees 51 minutes 40 seconds West 278.07 feet to a point,, where the same is intersected by the division line between premises described herein and lands now or formerly of Pugliese Vineyards LLC Town of Southold; THENCE along said division line North 45 degrees 08 minutes 20 seconds East 352.32 feet to a point; THENCE southeasterly the following courses and distances: South 44 degrees 58 minutes 30 seconds East 45.07 feet; South 43 degrees 49 minutes 30 seconds East 655.10 feet; South 43 degrees 58 minutes 20 seconds East 666.83 feet; and South 43 degrees 51 minutes 40 seconds East 74.10 feet to a monument; THENCE southwesterly South 69 degrees 56 minutes 20 seconds West 401.42 feet to a monument at the point or place of BEGINNING. Said premises being District 1000 Section 097.00 Block 01.00 Part of 012.008 and known as the°Development Rights Easement Area" as shown on Survey made by Peconic Surveyors, P.C. dated 11/23/2015, last revised 12115/2015. Excluded Area #1 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008, bounded and described as follows: STARTING at a monument on the northerly side of Main Road (S.R. 25), said point being 853.34 feet westerly from the corner formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road (S.R. 25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument; RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of County of Suffolk Palmer Vines LLC; RUNNING THENCE along said division line the following courses and distances: North 20 degrees 03 minutes 40 seconds West 194.32 feet; South 69 degrees 56 minutes 20 seconds West 167.31 feet; South 50 degrees 17 minutes 50 seconds West 183.50 feet; and North 44 degrees 51 minutes 40 seconds West 701.40 feet to the point or place of BEGINNING; RUNNING THENCE North 44 degrees 51 minutes 40 seconds West 278.07 feet to lands now or formerly of Pugliese Vineyards LLC Town of Southold; THENCE North 45 degrees 08 minutes 20 seconds East 330.00 feet; THENCE South 44 degrees 51 minutes 40 seconds East 278.07 feet; THENCE South 45 degrees 08 minutes 20 seconds West 330.00 feet to the point or place of BEGINNING. Said premises being District 1000 Section 097.00 Block 01.00 Part of 012.008 and known as the "Excluded Area #1" as shown on Survey made by Peconic Surveyors, P.C. dated 11/23/2015, last revised 12/15/2015. (� Excluded Area #2 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008, bounded and described as follows: STARTING at a monument on the northerly side of Main Road (S.R. 25), said point being 853.34 feet westerly from the corner formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road (S.R. 25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument; THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of County of Suffolk Palmer Vines LLC; THENCE along said division line South 20 degrees 03 minutes 40 seconds East 276.07 feet; THENCE continuing along said division line along the arc of a curve having a radius of 25.00 feet and a length of 38.91 feet to a point on the northerly side of Main Road (S.R. 25); THENCE along the northerly side of Main Road (S.R. 25) North 69 degrees 07 minutes 20 seconds East 74.66 feet to the point or place of BEGINNING. � i Said premises being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008 and known as "Excluded Area#2" as shown on Survey made by Peconic Surveyors, P.C. dated 11/23/2015, last revised 12/15/2015. 1 A C C E S S E A S E M E N T IIIVIII IIII VIII VIII VIII VIII(IIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 05/03/2016 Number of Pages : 7 At: 01 :45 :41 PM Receipt Number : 16-0068799 TRANSFER- TAX NUMBER: 15-27552 LIBER: D00012862 PAGE : 976 District: Section: Block: Lot: 1000 097 .00 01 . 00 012 .008 EXAMINED AND CHARGED AS FOLLOWS :ed Amount: $1,016,320 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15.00 NO TP-584 $5. 00 NO Notation $0. 00 NO Cert.Copies $8 . 75 NO RPT $200.00 NO Transfer tax $0. 00 NO Comm.Pres $0 .00 NO Fees Paid $288 .75 TRANSFER TAX NUMBER: 15-27552 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County i M0 Number of pages RECORDED 2016 t4ag 0, 01:45:41 PM JUDITH A. PASCALE This document will be public CLEFk OF record. Please remove all SUFFOLK COU[i YL Dn;Dp12%2 Social Security Numbers P DT; 15-275^,2 prior to recording. r Deed/Mortgage Instrument Deed/Mortgage Tax Stamp recording/Filing`Stamps 3 FEES Page/Filing Fee ( Mortgage Amt. ( 1 Basic Tax Handling AA 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. EA-52 17(County) or Sub Total v Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County _ R.P.T.S.A. 0a) OD �� Held for Appointment Comm,of Ed. 5. 00 � Transfer Tax Affidavit �y �+ Mansion Tax ��---��' � The property covered by this mortgage is Certi ( J or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub 101111 yES or NO Other _ Grand TotalIf NO,see appropriate tax clause on page# of this instrument. 4 1 Dist./D 3144566 1000 09700 0100 P012008 S 1 Community Preservation Fund Real Property PTS Consideration Amount$ Tax Service R LPA A Agency 29-APR-1 CPF Tax Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land /IIE2-AAv111r 'I�EtuN EF SGt1?Nd�A— 1-7G/w JF l�19ND !-iQE5E7.'-t�fF`l�Ory TD P.6.�ox //79 TD �bUYklot�, Al y /1971 TD Mail to:Judith A.Pascale, Suffolk County Clerk 7 1�tle Com an Information 310 Center Drive, Riverhead, NY 11901 Co.Name S'r�wster Tirr� nrs L�e www.suffolkcountyny.gov/clerk Title# Suffolk County Recordin' & Endorsement Page This page forms part of the attached ,C-R5F n'-wT made by: (SPECIFY TYPE OF INSTRUMENT) J`oA11QV6 C0ercAB�s� v ut) \, The premises herein is situated in /D y/h1 CJR�yA, 3E SUFFOLK COUNTY,NEW YORK. TO In the TOWN of � )OU771-dx-b e n! of 5'eu�fa�� In the VILLAGE or HAMLET of C 76A1DCnCCE BOXES 6 THRU 8 MUST BE TYPED OR PRIN'T'ED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. EASEMENT EASEMENT, made as of this day of April, 2016, by JOANNE CALABRESE and JOHN CALABRESE, hereinafter collectively referred to as the"GRANTOR", as owner of the premises known as 34615 NYS Route 25, Cutchogue, New York, and designated as part of SCTM #1000-97-1-12.8 and shown on a survey prepared by Peconic Surveyors, P.C. dated November 23, 2015 and last revised December 15, 2015 (a reduced copy of the survey is attached hereto and made a part hereof), an 2.106 acre portion of which is designated as"Excluded Area #1"and an 0.348 acre portion of which is designated as"Excluded Area #2". WITNESSETH : WHEREAS, GRANTOR is the owner.-of-certain real property of approximately 19 acres situate at 34615 NYS.Route 25,.Cutchogue, in the Town of Southold, County of Suffolk and State of New York, (the"Property'; and WHEREAS, GRANTOR has granted to the Town of Southold a Deed of —� Conservation Easement dated April I 2016 for 16.577 acre portion of SUM #1000-97-1-12.8 (hereinafter•"Easement.Area'� described in the metes and bounds description attached-hereto and made a part hereof; and WHEREAS, GRANTOR has simultaneously executed a Declaration of Covenants and Restrictions regarding future subdivision of the Property; and WHEREAS, said Declaration of Covenants and Restrictions does not prohibit separation or subdivision of Excluded Area #2 described in the metes and bounds description attached hereto and made a part hereof from the Easement Area, provided any and all governmental approvals are obtained, including Planning Board of the Town of Southold, and further subject to sufficient access to the resultant property, including the Easement Area and Excluded Area #1; and WHEREAS, Excluded Area #2 provides legal access to the Property from Main Road (State Road 25); and WHEREAS, the Town of Southold has obtained a title report from Stewart Title Insurance Co., Inc. in connection with its purchase of a Deed of Conservation Easement from Grantor, and said title report has raised an exception to title since the insured Easement Area does not include access to and from a public road; and WHEREAS, in order to allow the title company to omit the exception raised regarding access, Grantor has agreed to grant this easement to the Town of Southold over Excluded Area #2 for ingress and egress to and from the Property, including the Easement Area and Excluded Area #1. WHEREAS, for and in consideration of the acceptance of the Deed of Conservation Easement, the Town Board of the Town of Southold (the "Town Board's has required that this Easement be recorded in the Suffolk County Clerk's Office; and WHEREAS, the GRANTOR has considered the foregoing and has determined that this easement will be in the interests of the GRANTOR and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: GRANTOR, for the purpose of carrying out the intentions above expressed does hereby grants an easement over Excluded Area #2 for purposes of ingress and egress to and from the Property to the Town of Southold. This Easement shall run with the land and shall be binding upon Grantor and upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns. If Excluded Area #2 is at any time separated or subdivided from the Property, then this Easement shall automatically terminate and shall be of no further effect. 1 This Easement 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. This Easement 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 this Easement 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 this Easement as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Easement 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. 2 This Easement shall run with the land and shall be binding upon GRANTOR, its successors and assigns, and upon all persons or entities claiming under them, -and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the GRANTOR above named, has duly executed the foregoing Easement the day and year first above written. GRANTOR: Ir CALABRESE JOHN CALABRESE STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the `�-- day of April in the year 2016 before me, the undersigned, personally appeared Joanne Calabrese, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or the persons upon -behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK) Notary puRICI State oewYork ss.: No. 01 FA4950146 COUNTY OF SUFFOLK) Qualified in Suffolk county commission Expires April 24, 0�4/1 On the day of April in the year 2016 before me, the undersigned, personally appeared John Calabrese, 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 individuals, or the persons upon behalf of which the individuals acted, executed the instrument. Notary Public 3 PATRICIA L. FALLON Notary NPublic,state of New 01 York FA4950146 Qualified in Suffolk Goutrty` .._��.e,...:.... CvnircA Andl 24.E�� SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY,-MY, 1000-97-01-12B SCAM 1=100' Q. NOVEMBER=2015 utd� Q DECEMBER 9, 2Of5(REV150NS) .� DECEMBER 15,2015(REVISIONS) Jq ��►6 \ �� rxNTmm m Ay 52k�NT ARF ON..Lh'ANfE GnMPANr \. Ail FNC�? i 90, ,ROAD KEY 9ru.0 1. N 1 a Mo9&Inn9m i jJIA neo:aimrca><:T xamam�,v+,m or " ..,nr Amn a run u wv,nac - "•••�'•_' TOTALNEA-BAm2ACHM CR8="=6 . -rox o,anaos E7XLWWAFFAlt-9MACRr33 ORQCTm OOfT 1� _ Ivam 0110-tEd9)AA>1E9 ORT12Lo®QFT r=7 dMUMMANA•Olm AORA cnm memFr wOle :631)M.'�-ODM rM(BSI)195-eTBT O PJ[8F9 ex9a swrwe nm[.us u¢af tT10 rRAMfR•nRtE' SWMd4 NY!1811 18-202 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008, bounded and described as follows: STARTING at a monument on the northerly side of Main Road (S.R. 25), said point being 853.34 feet westerly from the corner formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road (S.R. 25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument at the point or place of BEGINNING; RUNNING THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of County of Suffolk Palmer Vines LLC; RUNNING THENCE along said division line the following courses and distances: North 20 degrees 03 minutes 40 seconds West 194.32 feet; South 69 degrees 56 minutes 20 seconds West 167.31 feet; South 50 degrees 17 minutes 50 seconds West 183.50 feet; and North 44 degrees 51 minutes 40 seconds West 701.40 feet to a point; THENCE northeasterly North 45 degrees 08 minutes 20 seconds East 330.00 feet; THENCE northwesterly North 44 degrees 51 minutes 40 seconds West 278.07 feet to a point, where the same is intersected by the division line between premises described herein and lands now or formerly of Pugliese Vineyards LLC Town of Southold; THENCE along said division line North 45 degrees 08 minutes 20 seconds East 352.32 feet to a point; THENCE southeasterly the following courses and distances: South 44 degrees 58 minutes 30 seconds East 45.07 feet; South 43 degrees 49 minutes 30 seconds East 655.10 feet; South 43 degrees 58 minutes 20 seconds East 666.83 feet; and South 43 degrees 51 minutes 40 seconds East 74.10 feet to a monument; THENCE southwesterly South 69 degrees 56 minutes 20 seconds West 401.42 feet to a monument at the point or place of BEGINNING. Said premises being District 1000 Section 097.00 Block 01.00 Part of 012.008 and known as the "Development Rights Easement Area" as shown on Survey made by Peconic Surveyors, P.C. dated 11/23/2015, last revised 12/15/2015. ( 1 Excluded Area #2 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008, bounded and described as follows: STARTING at a monument on the northerly side of Main Road (S.R. 25), said point being 853.34 feet westerly from the corner formed by the intersection of the westerly side of Bridge Lane and the northerly side of Main Road (S.R. 25); RUNNING THENCE North 20 degrees 03 minutes 40 seconds West 300.00 feet to a monument; THENCE South 69 degrees 56 minutes 20 seconds West 50.00 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of County of Suffolk Palmer Vines LLC; THENCE along said division line South 20 degrees 03 minutes 40 seconds East 276.07 feet; THENCE continuing along said division line along the arc of a curve having a radius of 25.00 feet and a length of 38.91 feet to a point on the northerly side of Main Road (S.R. 25); THENCE along the northerly side of Main Road (S.R. 25) North 69 degrees 07 minutes 20 -seconds East 74.66 feet to the point or place of BEGINNING. ' Said premises being District 1000 Section 097.00 Block 01.00 Part of Lot 012.008 and known as "Excluded Area#2" as shown on Survey made by Peconic Surveyors, P.C. dated 11/23/2015, last revised 12/15/2015. G R A N T I N F O R M A T I O N OFFICE LOCATION: MELISSA A. S PIRO ��OF SOU�� Town Hall Annex LAND PRESERVATION COORDINATOR �® l0 54375 State Route 25 melissa.spiro @town.southoId.ny.us (corner of Main Road& Youngs Avenue) JJF Southold, New York Telephone(631)765-5711 G Q Facsimile(631)765-6640 MAILING ADDRESS P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD - May 27, 2016 David H. Behm, Farmland Protection Program Manager New York State Department of Agriculture and Markets Division of Land and Water Resources 10B Airline Drive Albany, NY 12235 Re: FPIG Contract No. CALABRESE FARM Dear Dave: 1 As requested, I am providing you with the two Claim for Payment forms signed by Southold Town Supervisor Scott A. Russell in regard to the final payment on the Calabrese Farm project.When the time comes, kindly let us know when the final report has been approved and the last payment of$10,000 can be expected. Thank you for your assistance to us with this project. Sincerely, h , a 0 Melanie Dor Sr.Administrative Assistant encs. AC3253-S (Revised 8114) State CLAIM FOR PAYMENT of New York Vendor Information Vendor Name Town of Southold Vendor Identification Number Address City Slate Zip Code 53095 Main Road Southold NY 11971 Invoice Number Purchase Order No.and Date Description of Matenals/Service Quantity Unit Price Amount Final Payment-Calabrese Farm( : 0.00 FPIG award 1 474,522.00 474,522.00 LESS Advance Payment 1 -4,431.50 -4,431.50, LESS Interim Payment#1 1 =11,467.50 -11,467.50 LESS Interim Payment#2 1 -448,623.00 -448,623.00 '0.00 0.00 0.00 0.00 0.00 Vendor Certification I certify that the abov I is just,true and correct,that no part thereof has been paid except as stated and that the balance is Total 10000,00 actually due and o and that taxes from which the State is exempt are excluded 0.01 Southold Town Supervisor Discount% Vendors gnature in Ink Title 0.00 5/27/2016 Town of Southold Net 10,000.00 Date Name of Company 0.00 NYS Agency Information Vendor Idenidication Number Vendor Location ID Vendor Address Sequence Voucher IDBusiness Unit Name Bus.Unit Interest Eligible Contract ID (YIN) Payment Date (MM) (DD) (YY) Obligation Date (MM) (DD) (YY) Merch/Inv.Rec'd Date (MM) (DD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Invoice Number Invoice Date PeopleSoft Format Charge Lines (If Applicable) Business Unit Department Pro ram Fund Account Budget Reference Project ID Activity Class Operating Unit Product Chartfield 1-Accumulator Chartfield 2-Agency Use I Chartfie)d 3 lAmount Legacy Format Charge Lines (If Applicable) Ex endilures Liquidation Accum De t Cost Center Var Yr. Object Dept. Statewide Amount Ong Agency PO/Contract Line F/P a ' Liability Date From Date TC Subledger Optional AC3253-S (Revised 8/14) State of CLAIM FOR PAYMENT New York Vendor Information Vendor Name Vendor Identification Number Town of Southold Address City State Zip Code 53095 Main Road Southold NY 11971 Invoice Number Purchase Order No.and Date Description of Materials/Service Quantity Unit Price Amount Interim Payment#2-Calabrese Farm( : 0.00 FPIG award 1 474,522.00 474,522.00 LESS Advance Payment 1 -4,431.50 -4,431.50 LESS Interim Payment#1 1 -11,467.50 -11,467.50 LESS Final Payment 1 -10,000.00 -10,000.00 0.00 0.00 0.00 0.00 0.00 Vendor Certification 1 cerLfy that the above bill i st,true and correct;that no part thereof has been paid except as stated and that the balance is Total 448,623.00 actually due and owmg, that taxes from which the State is exempt are excluded � ""'' ,,�� Southold Town Supervisor Discount% 0.01 ,.,�r.0ir' Vendors Signature in Ink Title 0.00 5/27/2016 Town of Southold Net 448,623.00 Date Name of Company 0.00 NYS Agency Information Vendor Identification Number Vendor Location ID Vendor Address Sequence Voucher ID Business Unit Name Bus.Unit Interest Eligible Contract ID (YM) Payment Date (MM) (DD) (YY) Obligation Date (MM) (DD) (YY) Merch/Inv.Rec'd Date (MM) (DD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Invoice Number Invoice Date PeopleSoft Format Charge Lines (If Applicable) Business Unit Department Program Fund Account Budget Reference Project ID Activity Class Operating Unit Product jChartfield 1-AccumulatorChartfieId 2-A enc Use I Chartfield 3 JAmount Legacy Format Charge Lines (If Applicable) Expert lures Liquidation Object Accum Amount OngAgency PO/Contract Line F/P Det Cost Center Var Yr. Dept. Statevade Liability Date I From Date TC I Subled er Optional OFFICE LOCATION: MELISSA A. SPIRO \\0f so �o Town Hall Annex LAND PRESERVATION COORDINATOR �p0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(63'1)765-5711 Facsimile(631)765-6640 MAILING ADDRESS P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 13, 2016 David H. Behm, Manager Farmland Protection Program NYS Department of Agriculture and Markets Division of Land and Water Resources 10B Airline Drive Albany, NY 12235 Re: FPIG Contract No. CALABRESE FARM Dear Dave: First of all, thank you for all your help, reviews and explanations,telephone calls, e-mail correspondences, and the time you have spent working with us on the Calabrese Farm project relating to the State's awarded grant.You can't begin to know how glad Melissa and I are that we can soon set a closing date. You have us doing the "happy dance". As per your instructions, I am returning herein the following claims for payment that you generated for us and have been signed this date by our Town Supervisor, Scott A. Russell: Advance Payment- Calabrese Farm $ 4,431.50 Interim Payment#1 - Calabrese Farm $ 11,467.50 Interim Payment#2 - Calabrese Farm $ 448,623.00 Total: $ 464,522.00 It is our understanding that once the title curative issue has been resolved to the State's satisfaction,you will submit these vouchers for final approval and request the release of grant funding to the Town of Southold by check or wire transfer. This funding transaction may, or may not, occur prior to the Calabrese closing date, depending on the M State's payment process. The $10,000 remaining balance of the total $474,S22 grant funds on the Calabrese Farm project will be released to the Town after Calabrese has gone to closing and all documentation required under the State's Contract No. C800821 has been provided to your office. It has been a pleasure working with you on this project. Sincerely, -)CUD Melanie Doroski. Sr.Administrative Assistant encs. cc: John Cushman, Town Comptroller w/encs. � �i AC3253-S (Revised 8114) State of CLAIM FOR PAYMENT New York Vendor Information Vendor Name Vendor Identification Number Town of Southold Address City Stale Zip Code 53095 Main Road Southold NY 11971 Invoice Number i Purchase Order No.and Date Description of Matenals/Service Quantity Unit Price Amount Advance Payment-Calabrese Farm: 0.00 (1)title report stipend 1 1,500.00 1,500.00 (2)50%of cost of project partners'staff time 0.5 1,925.00 962.50 (3)50%of cost for Grantee legal fees 0.5 3,938.00 1,969.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor Certification 1 certify that the above bill i 'ust,true and correct;that no part thereof has been paid except as staled and that the balance is Total 4,431.50 actually due and owmg, that taxes from ich the State Is exempt are excluded. Q 0.01 Southold Town Supervisor Discount% Vendor s Sgnature m Ink Title 0.00 1/13/2016 Town of Southold Net 4,431.50 Date Name of Company 0.00 NYS Agency Information Vendor Identification Number Vendor Location ID Vendor Address Sequence Voucher ID Business Unit Name Bus.Unit Interest Eligible Contract ID (YIN) Payment Date (MM) (OD) (YY) Obligation Date (MM) (DD) (YY) MerchAnv.Recd Date (MM) (DD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Invoice Number Invoice)Date PeopleSoft Format Charge'Lines (If Applicable) Business Unit Department Program Fund Account i Budget Reference Project ID Activity Class Operating Unit Product Chartrield 1-Accumulator I ChartfieId 2-Agency Use Chartfield 3 Amaunt Legacy Format Charge Lines (If Applicable) Ex endilures Liquidation Object Accum Amount OrigAgency PO/Contract Line F/P Det Cost Center Var Yr. Det Statewide a i Liability Date From Date TC Sublet er Optional AC3253-S (Revised 8/14) State of CLAIM FOR PAYMENT New York Vendor Information Vendor Name Town of Southold Vendor Identification Number li Address City ; State Zip Code 53095 Main Road ,Southold NY 11971 Invoice Number i; Purchase Order No.and Date Description of Materials/Service Quantity Unit Price Amount Interim Payment#1 -Calabrese Farm: 0.00 (1)appraisal 1 3,000.00 3,000.00 (2)50%of cost of project partners'staff time 0.5 1,925.00 962.50 (3)50%of cost for Grantee legal fees 0.5 3,938.00 1,969.00 (4)survey 1 4,250.00 4,250.00 (5)baseline documentation report Including environmental assessment) 1 1,286.00 1,286.00 0.00 0.00 0.00 0.00 Vendor Certification 1 car*that the above bill Is' ,We and correct that no part thereof has been paid except as stated and that the balance is Total 11,467.50 actually due and ovnng,an at taxes from which the State Is exempt are excluded. S Discount"/ 0.01 �u�a Southold Town Supervisor Vendor's Signature in Ink Title 0.00 1/13/2016 Town of Southold Net 11,467.50 Date Name of Company 0.00 NYS Agency Information Vendor Identification Number Vendor Location ID Vendor Address Sequence Voucher ID Business Unit Name Bus.Unit Interest Eligible Contract ID (Y/N) Payment Date (MM) (DD) (YY) Obligation Date (MM) (DD) (YY) MerchAnv.Recd Date (MM) (DD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Invoice Number Invoice Date I PeopleSoft Format Charge Lines (If Applicable) Business Unit Department Program Fund Account I Budget Reference Project ID Activity Class Operating Unit Product lChartfield 1-Accumulator Chartfield 2-Agency Use I Chartfield 3 JAmount Legacy Format Charge Lines (If Applicable) Ex end tures Liquidation Object Accum Amount Ong.Agency PO/Contract Line F/P Det Cost Center Var Yr. Dept. Statewide Liability Date From Dale TC Subled er Optional AC3253-S (Revised 8/14) State of CLAIM FOR PAYMENT New York Vendor Information Vendor Name Town of Southold Vendorldentification Number Address City State Zip Code 53095 Main Road Soiuthold NY 11971 Invoice Nurnber Purchase Order No.and Date Description of Materials/Service Quanti Unit Price Amount Interim Payment#2-Calabrese Farm( : 0.00 FPIG award 1 474,522.00 474,522.00 LESS Advance Payment 1 4,431.50 -4,431.50 LESS Interim Payment#1 1 -11,467.50 -11,467.50 LESS Final Payment 1 -10,000.00 -10,000.00 0.00 0.00 0.00 0.00 0.00 Vendor Certification 1 certify that the z true and correct,that no part thereof has been paid except as stated and that a balance Is Total 448,623.00 actually due and taxes tram which the State is exempt are excluded. 0.01 Southold Town Su ervisor Discount% Signature m Ink Title 0.00 1/13/2016 , Town of Southold Net 448,623.00 Date Name of Company 0.00 NYS Agency Infornriation Vendor Identification Number Vendor Location ID Vendor Address Sequence Voucher ID Business Unit Name Bus.Unit Interest Elipible Contract ID (Y/N) Payment Date (MM) (DD) (YY) Obligation Date (MM) (DD) (YY) Merchfinv.Recd Date (MM) (DD) (YY) Withholding Class Withholding Amount Handling Code Payee Amount Agency Internal Use Invoice Number Invoice Date PeopleSoft Format Charge Lines (If Applicable) Business Unit Department Program Fund Account Budget Reference Project ID Activity Class Operating Unit Product Chartrield 1-Accumulator Chartfield 2-Agency Use Cha field 3 Amount Legacy Format Charge Line (If Applicable) Ex enditures I Liquidation Object Accum Amount Ori Agency PO/Contract Line F/P Det Cost Center Var I Yr. Dept. I Statewide Liability Date From Date TC Subled er Optional � N i Y S D E C R E G I S T R Y DIVISION OF LANDS AND FORESTS New York State Department of Environmental Conservation 625 Broadway,5th Floor,Albany,NY 12233-4250 P:(518)402-9405 1 F:(518)402-9028 1 landsforests-Odec.ny.gov www.dec.ny.gov June 23, 2016 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro, We have received in our office,the following conservation easement: CE Suffolk 624 Grantor: John and Joanne Calabrese Deed: D00012862 Page 977 Filed: 5/3/2016 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. Very truly yours, 1U'LEW s 2ncyv . Stock Real Estate Specialist 2 JUN 2 8 2016 Bureau of Real Property a DEPTO7F LAND NEuuvORK Department of OPPORTUNNY Environmental Conservation OFFICE LOCATION: MELISSA A. SPIRO ®F SO Town Town Hall Annex LAND PRESERVATION COORDINATOR �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) IF Southold, New York Telephone(631)765-5711 19- Facsimile Facsimile(631)765-6640 MAILING ADDRESS. Ol�COMM P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 1, 2016 John& Joanne Calabrese P.O. Box 787 Cutchogue,NY 11935 Re: NYSDEC Conservation Easements Registry CE: Suffolk 624 Part of SCTM#1000-97.-1-12.8 f Dear Mr. & Mrs. Calabrese: Please be advised that the Town's purchase of a conservation easement on a part of your parcel referenced above 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 along with a copy of the recorded Conservation Easement. You will very likely need to provide this control number to the Department of Taxation and Finance if you are eligible to claim a tax credit for the sale of the easement to the Town of Southold. Very truly yours Melanie Doroski Sr. Administrative Assistant encs. OFFICE LOCATION: MELISSA A. SPIRO t rjf so Town Town Hall Annex LAND PRESERVATION COORDINATOR �� l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Telephone(631)765-5711 CA Southold, New York Facsimile(631)765-6640 �Q MAILING ADDRESS: ��UMY,� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail nancy.stock@dee.ny.gov June 2,2016 NYSDEC Bureau of Real Property 625 Broadway,,5`h Floor Albany,NY 12233-4256 Attention: Nancy Stock Real Estate Division Re: Conservation Easements Registry - CALABRESE to TOWN OF SOUTHOLD Dear Ms. Stock: Enclosed please find a copy of the recorded Deed of Conservation Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTORS: Joanne Calabrese and John Calabrese -GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 5/3/2016 LIBER: D00012862 PAGE: 977 LOCATION: 34615 Main Road(NYS Rt 25), Southold EASEMENT ACREAGE: 16.577 acres SUFFOLK CO TAX MAP#: part of 1000-097.00-01.00-012.008 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Joanne&John Calabrese P.O. Box 787 Cutchogue,NY 11935 P R O P E R T Y R E C , O R D S JOHN & JOANNE CALABRESE to TOWN OF SOUTHOLD Part of SCTM #1000-97.-1-12.8 Total Development Rights Easement = 16.577 acres Premises: 34615 NYS Route 25, Cutchogue Closing took place on Tuesday, April 12, 2016 at 11:00 a.m., Southold Town Hall Annex from left to right: Supervisor Scott A. Russell Joanne Calabrese John Calabrese E a r � Sg f MD ► OFFICE LOCATION: MELISSA A.SPIRO ev CSG Town Hall Annex LAND PRESERVATION COORDINATOR ht. .�� 54375 State Route 25 melissa.spiro@town.southold ny.us .G (comer of Main Rd&Youngs Ave) Southold,New York !1 Telephone(631)765-5711 V. Facsimile(631)765-6640 Gy MAILING ADDRESS: www.southoldtownny.gov 0,( , � P.0 Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: April 13,2016 Re: CALABRESE to TOWN OF SOUTHOLD Part of SCTM#1000-97.-1-12.8 Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 34615 Main Road(NYS Rt 25), Cutchogue SCTM#: part of 1000-97.-1-12.8 PROPERTY OWNERS: John Calabrese and Joanne Calabrese CONTRACT DATE: July 16,2015 PURCHASE DATE: Closing took place on April 12,2016 PURCHASE PRICE: $1,016,320.00(based on 15.88 buildable acres @$64,000/buildable acres) EASEMENT ACREAGE: 16.577 acres(includes 0.697 acre pond&wetlands area not included in purchase price calculation) TOTAL PARCEL ACREAGE: 19.0322 acres RESERVED AREA#1: 2.106 acres(around existing residential home) RESERVED AREA#2: 0.348 acre(50'wide strip area by NYS Rt 25) ZONING: Agricultural-Conservation (A-C)Zoning District FUNDING: Community Preservation Fund (2%) GRANT: This project was awarded a grant from NYS Department of Agriculture&Markets in the amount of$474,522.00 A E R I A L S 167 , Calabrese - part of '97.-1 - 12 8 ' . Ilk ' 2016 Google • ' do • we11 � ' ll P, ' N. f iSK •� I . `* . 1t AL i E - SIF Rat �• yAll 4 w � 1 � , x. 44 — �� a «-•�./� _, j ��YY�R, � "� 4 i ii y t-y r L i► -rwf r •,� ., .y/ %,a •A ..•• r 1 •h s+�;'`�:.-rr �.� Win:, .,.�. .��','r: '' - - • M d f M I , lie 4.4 NQUIRY<#: 4409804.4 �• ► `t . YEAR: 2009CEDR y �► F 500' f r+. �,.+rr ,r. ♦_' .;,Tri%, f"(�-� ; f _ _r .� /tel/ �_ •t . �y�i�� "�' s 'a r =f 14 .+ r _ t v e®r 'aI r4% 4 lb . � Nil ` y r .�,rte �+, ,• �. - . s 40 .. + �fy Vii+ ♦Y','��s .r� 4 rr'r* Y�/ 'M:,'C � 7:1�' �` /� t'J��' tea- �� -.. l u' .. • r. a 40. M f. r • A , . Jr.r " it t _ # :� IliV ff =rr ` ir NQUIRY#: 4409804.4 + * ,- g , YEAR: 2008 (rEDRA�^ = 500' r • i AfF ll� ..ri R ;" .. voi . 4 .(� . i- 1414 - 11 lk y w', • _ rte* dk .yt- .tel, 1 '� Jjil; y' a 'lot 41,IV .. M INL '``�".fir,. . �� lop l r At IN . ��► J '"moi"= _"`- D D ��< �� s �.. i � •t ' �� .eta.* ' r NQUIRY#: 4409804.4 "` - .'► " %" ' YEAR: 1985 � EDR = 500' ````�� ' i s� 1! 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T s 3, AWL �• k ?� t .w SITE j NQUIRY#: 4409804.4 YEAR: 1947 4N (rEDR - s = 500' r IL ok Ilkr �'• f 1�- �`y�'♦ Tom• �� ♦� .L) f , ilk� 4' NQUIRY#: 4409804.4 N I YEAR. 1940 MW CEDR0. = 500' r dir is-� �.. .•.,L� wmoo . a! 11 `' S U R V E Y SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-97-01-12.8 \ �.t� SCALE. 1=100' °�-,* l\ NOVEMBER 23, 2015 DECEMBER 5 BER 9, 2 ( 015(RENSYONS) YYII '7' �� \ uxrulm ra W.a-sounrao 44 Ap C.R" Y 51EWART 1111E INSI/RINC£Cd[PANY YD � 4� or OA KEY CIFMr�fi[x[tW • uwuupr Nxa I,[m�/1� ---- a vmm TOTALNEA-H.QV2 AQEB Ofl 82M"W Fr •A a^^s\�` _—_—_voaacrvlas MCUA-A#1•2=AQ 0RRt7W= T •\ E%CVt®NEA V2-CW AGTEe MA-BMFT �* EA®.BR NAF EA-195N ACrEB Oii]1$1D3811 FT R sryrt muunw'w.vnw PCfL W NtIINOB ATEA-QW A4 Of1E0J MFr C N0./9619 E Y tZE= Krw (9JI) -301(1 fAX(9J!) rqY Y4YINR[,aa[�a5 HLv[w PQ BOX 9. so�i[°nl=IYY 1—r 15-202 SURVEY OF PROPERTY A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY 1000-97-01-12.8 SCA � LE. 1 140' ti °�•` 'F NOVEMBER 23, 2015 ;LARRY SIN ,�0 �� DECEMBER 9, 2015 (REVISIONS to yti G DECEMBER 15, 2015 (REVISIONS) ' S `YG JAN - 4 20116 of X05 CERTIFIED TO. DEPT.OF LA(@ S� TOWN OF SOUTHOLD PRESERVATION JOHN AND JOANNE CALABRESE STEWART 777LE INSURANCE COMPANY NTAL ,�'4616). oOR oQ JQ '�` oe�,�� \ `SAO, v�,�` ,O • TIA `V \ � S \ �P \ ?,� 9'ASPHALT SOF \'oma. / O 9so fDGE 0x, O \ ,� ooQ s \ oon s `�1�>}-�� \ �� SOS �� 6�'�1 Gtl`� •,O•�t� R � \ ! 0 • 4k, `�i \�• �g Z Z AAS 42 ��\ �► c000, � 0% 0 PS�N �°°M SG � w, of E��oREE P R� P �pVE GL�� Q to p ARK, �Q v/ poLE 0 0 . s y �j, CONC• 5�0 pO1.E � v I p� 4 OF p P�MEN v/ N EDGE R� 90 cM o°lR vo M N. vl po 9.p�'26+ R. rs' p � F'o NA EOGE OF P ll, LOT NUMBER 3 REFERS TO "MAP OF MINOR SUBDIVISION A KEY FOR RALPH AND PATRICIA PUGLIESE" FILED IN SUFFOLK COUNTY CLERKS OFFICE ON ® MONUMENT APRIL 14, 2004 AS MAP # 11086 a ,s ,as „�`�1.:fid•....,�,C'c"H,t?; a, ''i�,.,=q; .. ^ = EDGE OF WOODSs r TOTAL AREA - 19.0322 ACRES OR 829,044 SQ. F7: •°�", �.✓.,�: ,.. '',` I .................................. = EDGE OF WETLANDS 91,763 SOFi: ` .kw '� A , EXCLUDED AREA #1 - 2.106 ACRES OR " ''� . � Z ff � �"',;; —OVh WS— = OVER HEAD WIRES - OR 15160 SQ. EXCLUDED AREA f2 0.348 ACRES , , DEVELOPMENT RIGHTS \�`��fit. EAS AREA - 16.577 ACRES OR 722,103 SO. FT. ANY ALTERA77ON OR ADDITION TO THIS SURVEY IS A VIOLATION OF SEC77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER7IFICA71ONS POND and wETLANDS AREA - 0.697 ACRES OR 30.365 SO. FT. S LIC. NO. 49618 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF PECONIC SURVEYORS, ;P.C. SAID MAP OR COPIES BEAR 774E IMPRESSED SEAL OF THE SURVEYOR (631) 765-5020 FAX (631) 765-1797 WHOSE SIGNATURE APPEARS HEREON. P.O. BOX 909 1230 MA VELER SMEET SOUTHOLD,, N.Y 11971 15-202 A E R I A L M A P Town Development ' t fes: ' •.� : r.}. ORightsjok • 0/0 ObiJohn • Joanne �� y ` Coup#Y L4t � Develo imp entSCTM # 1 • oa Rihts q, fNow �s County . Development Y . Oo , o Rights '00e C'o o t. e Lq - Towno s O0 Development _ 0,O 'I �O'I a. Righ is �jj� s 4"P O .� CIO 04%, ,0i� . ` O dam y Town q ' `� c - O Development � / 40;� d O� �j� �� Excluded Rights " Area #1 Town s Development �� Excluded RArea #2 / ghts : , 410* OI �0 •a ! s o O o . y _ OAk O �9' INN . v ®; - ?, 1` � • , ..off". � ` . cow Tawn - own .. -. - . . . . . . Development Development Rights Rights ` '