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Home My WebLink AboutPindar Vineyards LLC � Ft " �ssaa�' wwc 1000-59-3-28.7 Baseline Documentation c _ :,•43295 Co'un'i Road .4� ;rxx r .S® th`old`s -,N w7 y.,' _ - s�'�e' '1i' '-�`l� _ , y ,l 9y t, • rj,.vr�r"� +t,;a _ `r.z v 4 - .F�. ,f ]'_ __`�>�.`-,-_r'_ f•'! `.f<y "-f,i s _ ", :'xCi_. .i,r 4 ''�(;� � .t' , � - .^t{'.t.l.a , ..� .j � ref`;..' � ifrd�• �.r` r. ' i-,: 1:, ' _ - - '�t s'+•2 Yi.s S'.A -. 'r' - J..r ,! a; � , .1 '•a•- i,+,�'a�;'v:. 'Y 629,-acre's ,s� `a .i r,A•? t 'ifv I r Develongg�'mei"t R, hts,Easetr .eht, ' • 3.' '4'',fr.Y 4' - - '`.:t_ ;l l � �� k,' �r1; �'t:•a`t'ti L _ xJ�{-.`�r;� ��',`.•,, - , 'r�;' , _ `'`::;. . - , .,Y- ;%'+` _ =`.,_-ry ,ay,f,�> ';fra ,+•' tc.- t � - F*'i„- it'.� PINDAI2:VINEYAIS:}ILC - 'P'� 'a .,{ ,��k' � - - _ - `ld''”. 1�� - ,`r_ -- ,-�'"PS,•- ,:,ii`` ",o` _ ,ji�r'• ':°Sr.}'•v..,,;'f�,�. - 't. ••ij- �'Ir .�'' r',":'•'y,r :'��"�' .... - -.. s. - `�'a_x - ax:- �'3-t.I.a-Yt r. :�` . - h}_ �.�'� �-T•O'WN.OF- S:CjUT'H.OyIaD'��<��`,� ,,:`':Y� . rv,a�_•: .t:� �� .e ;°}" ,�,•<. , t; :y{ - `'ti•''a'. _ is S •'t r FJ, ,�C' .Y.'"'i i .,43!fs '�.(tll .. - y� - .`4� 3•V . .. Y,1 .-r'�^x R.' '�TM1 3• ,L4^�'•'1�i , ^ �,Yr •'!•''. ��,.i w�� .� s�c�', _ � � "(� �Sb.nil - _ - - • '�':r. `;t+'1 ,'sfi'iy�;Z: Eas°emen't Pdated'tOctober 20: `2,016 rLL rl,`"2.�t.• -' .Ct'�.F' y1it�I, °'1 l Y r 22�:20.16- " lZecordeds'l�To�eaib;e :`Su'ff®lk•Coint `CTerk - Liber°D0+0012'889;;Page.238-. ' ` V rection. Easement•,dated.,=Ar_ e ]E eco dec..'A"H129;-:20,19 in y �..,, a' .c,,� l.' a ... , � .• 4 ,� `t, 4S ff�1��' County 1 :1 m .i e:=�0041`3� Q, age 105: . . SCTM #: 1000-59.-3-28.7 Premises: 43295 County Rd 48 Hamlet: Southold Purchase Price: $ 1,736,340 28.939 buildable acres @ -$60,000/buildable acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 32.129 acres Development Rights: 29.629 easement acres PSEG electric easement: 0.69 acres (not included in purchase price calculations) Reserve Area: 2.5 acres (s/e corner of parcel) Zoned: A-C (Agricultural-Conservation) Existing Improvements: In September 2016 — planted vineyard, deer fencing, Pindar sign, farm road within easement area; some woods along northern and westerly boundary lines; PSEG steel tower located on westerly boundary line with overhead high tension wires running e/w across easement area. INTRODUCTION I PHOTOGRAPHS OF THE SUBJECT PROPERTY Town Development Rights 30 +/- acres s y� t Map Legend Pindar Vineyards, LLC ' w E l r:yap S 200 100 0 200 Fait &Aat CAVY fto oa0aM Ax tarp Agway AM*ar To MW CowR101.r Ms.Cft**a&AW W VRfDAREDeV AartPl*mW hTAWFmmW3Flit IIEi�+SA 59it0 LAND DHf$fR�MT:QN CC✓JRDA/A'JN NOW 24 7013 BRUNSWICK APPRAISAL CORP. FACTUAL DATA 14 SITE DESCRIPTION 4 , r `r Location: 43295 County Road 48, Southold, NY, on the northwesterly side of County Road 48 approximately 306 feet southwest of Hortons Lane, Town of Southold, County of Suffolk, State of New York Size and Shape: The subject property is a rectangular shaped lot having a total of 562 feet of frontage along C.R. 48. The parcel is comprised of an aggregate land area of 32.6 acres of land prior to placement of the easement. After placement of the easement,there will be 30.1 acres of land area having 146± feet of frontage along C.R. 48 and a 2.5 acre "Reserve Area"having 417±feet of frontage along C.R.48. Soil Condition and Topography: Topographically, the site is level and utilized for agricultural farming. The site increases in elevation from 40 feet at County Road 48, to approximately 60 feet at the northwest property line. Soil conditions are assumed to adequately support the existing improvement. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. Easements and Encroachments: The property is subject to a PSE&G easement which runs from east to west through the middle of the parcel. BRUNSWICK APPRAISAL CORP. FACTUAL DATA l SITE DESCRIPTION k, Facing north from C.R.48 Utilities: Utilities are available at the site. Street maintenance, police and fire protection area are provided by the Town of Southold. Gas and electric are provided by the PSEG. Ingress and Egress: Current access to the site is via County Road 48. Flood Zone: The subject property does not appear to be within 500-ft of a flood hazard. The subject property lies in the X flood zone - An area that is determined to be outside the 1% and 0.2% annual chance floodplains according to the flood map #36103C0154H dated 09/25/09. x .. BRUNSWICK APPRAISAL CORP. FACTUAL DATA 16 P. � \� • 5 ' t . - «kms � � �■��\ � � �� Facing North : Facing Northeast BRUNSWICK APPRAISAL CORP. A P P R A I S A L M O T I O N S APPROVED LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, March 29, 2016 at 7:00 p.m. Town Hall Annex Executive Board Room Members Present: John Sepenoski, Chairman Peggy Dickerson Sam McCullough Anne Murray Members Absent: Lillian Ball Eric Keil Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Tim Caufield, Peconic Land Trust Vice President Holly Sanford, Peconic Land Trust Program Manager Commencement: • The meeting began at 7:02 p.m. with four LPC members present. EXCERPT FROM APPROVED 3/29/2016 LPC MEETING MINUTES Land Preservation Applications and Inquiries: • SCTM#1000-59.-3-28.5 (PINDAR VINEYARDS, LLC, Southold) PDR Application: Review applicant's inquiry re: purchase offer[executive session] Land Preservation Coordinator Melissa Spiro presented LPC offer letter to landowners, Alex Damianos and Althea Conroy of Pindar Vineyards, LLC at a meeting held in her office on March 23, 2016. Landowners have been given 30 days to respond to offer. The LPC members entered into EXECUTIVE SESSION. MOTION made by Sam McCullough, seconded by Peggy Dickerson, to allow Land Preservation Coordinator Melissa Spiro to direct appraiser to re-evaluate the Pindar Vineyards, LLC appraisal as a crop neutral appraisal report that values just the farmland. Motion carried: 4/0 LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, November 24, 2015 at 7:00 p.m. Town Hall Annex Executive Board Room Members Present: Anne Murray Sam McCullough Peggy Dickerson Maureen Cullinane Lillian Ball Eric Keil Members Absent: John Sepenoski, Chairman Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Bob Ghosio, Town, Board Liaison Luke McKay, PLT Project Manager Commencement: • The meeting began at 7:06 p.m. with six LPC members present. EXCERPT FROM ADOPTED 11/24/2015 LPC MEETING MINUTES Land Preservation Applications and Inquiries: • SCTM#1000-59.-3-28.5;(PINDAR VINEYARDS, LLC/Southold) Review of PDR application Land Preservation Coordinator Melissa Spiro met with Alex Damianos on 11/20/2015 regarding a proposed sale of a development rights easement to the Town on property owned by Pindar Vineyards, LLC (SCTM #1000-59.-3-28.5), reserving a 2.5 acre area in the southeast corner. LPC application was submitted by Alex Damianos,,as managing agent for Pindar Vineyards, LLC. MOTION made by Sam McCullough, seconded by Eric Keil, to direct Land Preservation Coordinator Melissa Spiro to commission an appraisal for the value of a development rights easement on property owned by Pindar Vineyards, LLC (SCTM #1000-59.-3-28.5) provided confirmation is received that Alex Damianos has the authority to negotiate a sale of a development rights easement for the corporation. Motion carried* 6/0 E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Pin dar Vineyards Southold, New York NP&V Job # 01326 August 26, 2016 CONFIDENTIAL AND PRIVILEGED Phase I Environmental Site Assessment Pindar Vineyards 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This report is intended to identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment;ASTM E 1527-13 and United States Environmental Protection Agency(USEPA) Standards and Practices for All Appropriate Inquiries (AAI)) on the subject property based on four (4) components of a Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix A provides a statement of limiting conditions. Appendix B includes the resumes of key personnel. The subject property lies in the Hamlet and Town of Southold, County of Suffolk, New York. The overall tax parcel consists of a 32.1 acre property of which the subject property consists of 29.6± acres which is utilized as a vineyard. The property is located on the north side of C.R. 48 or Middle Road, approximately 400 feet west of Horton Lane and is more particularly described as Suffolk County Tax'Map 4: 1000-059-03-28.5. The 2.5t acre parcel located in the southeast corner of the overall tax parcel is not part of this report. The surrounding area is moderately developed and contains agricultural, commercial and residential uses. The subject property consists of an irregular shaped parcel of agricultural land that is currently utilized as a vineyard. The subject property is cleared land with rows of grape vines and has flat topography throughout the property. The remaining area of the property consisted of wooded land. There was no evidence of any existing or past structures on the subject property. No on-site irrigation well or solid waste were 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. Sanborn map coverage was not available for the area of the subject property. Aerial photographs from 1938, 1940, 1947, 1954, 1957, 1960, 1962, 1970, 1976, 1980, 1985, 1994, 2006, 2008, 2009 and 2011 were reviewed in order to determine if any prior uses occupied the subject property. From all the aerial photos reviewed, the subject property has remained cleared farmland. The surrounding area appeared to be farmland until 1985 when the area began being developed with residential and agricultural uses. The USGS Shelter Island and Southold Quadrangle Maps dated 1904, 1947, 1956 and 2013 were reviewed. The scale was too small to detennine if the subject property contained any improvements in the 1904 and 1942 topographic map. The remaining topographic maps 'tsJ) i K" NELSCN POPE S VC-ORHIS LLC EwR PdTAL.PLANNING.coNsuL mNG Pindar Vineyards,Southold Phase I ESA 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 Sites (IHWDS) and no active and seven (7) closed spill incidents are located within one-half(0.5) mile of the subject property. In addition, four (4) Petroleum Bulk Storage (PBS) facilities, five (5)RCRA Generators and one(1) Chemical Bulk Storage (CBS) facility are located within one-quarter(0.25) mile of the subject property. A Tier 1 Vapor Encroachment Condition (VEC) Assessment was conducted as part of this Phase I ESA, due to the proximity of several spill incidents. The assessment was conducted in accordance to the methods and procedures, outlined within ASTM E2600-15, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions. For this assessment, under conditions where the direction of groundwater flow can be ascertained, critical search distances are used to determine if a VEC exists. Specifically, the following distances are applied to the Tier I Assessment: Upgradient Sources 1,760 feet for Chemical of Concern(COC) 520 feet for petroleum hydrocarbons Cross-gradient Sources 365 feet for COC 165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon sources with plume considerations Down-gradient Sources 100 feet for COC/petroleum hydrocarbon LNAPL sources 30 feet dissolved petroleum hydrocarbon sources Review of the regulatory agency database report provided for the subject property revealed no sites located within the critical distances. Based on the information reviewed, it is concluded that a VEC can be ruled out. This assessment has identified the following with respect to recognized environmental conditions, 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. No recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. However, if the property is to be developed for residential purposes in the future, the soil of the property should be sampled for the presence of pesticides and metals. A� NELSON POPE&VCORHla LLG ENV€RONN€ENTAL.PLANNING•coN9..c.nNG Page 2 of 27 Pindar Vineyards,Southold Phase I ESA No controlled recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. No de minimus conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. 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 Pindar Vineyards located in Southold, New York. Any exceptions to, or deletions from, this practice are described in Section 11.0 of this report. In conclusion, this assessment has not revealed any evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. NELSON PORE 6 VOdffHIE"LLC 5WRCNN'ENTAL.PLAt"u43 t CC4SUL7bV-- Page 3 of 27 Pindar 1.' � r- C N Fv •1�' ti East r M .pfd _I a, �. ,. '�' +s.• '. ,� y s,� _� s . � q` , 1 ,r r�.K p'^fir' •1+ `'L��.. �. boundary .s facing north Middle Spools of netting on west boundary facing west Middle of vineyard facing south 1 eye re 1 .� � �Qy'�.(.'� + r�"•.r;•c.J� � � •'7 '' � �,,r � .'�.�E'J,��,4y_� pa� `��rpy`�'"yf �i'�' '�,.'A'tx2} :d.�� ,�`�i�, �-, •�4�� .. ��r � ! :�• ,,:. j %� j t .✓•r �` � •F.q-:+7 '� 1� 4S�7n - i 1 - _ �/� •� (� - � r - ...' - t 1� , > w I Pindar Vineyards Property, Southold 41, Middle of vineyards facing north P• U B L I C H E A R I N G -711 RESOLUTION 2016 s 2 ADOPTED DOC ID: 12139 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-711 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 26,2016: RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-675 adopted at the July 12, 2016 regular Town Board meeting to read as follows: 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 266, 2016, ut-7:31 pm, August 9, 2016, at 4:34 pm, 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 Pindar Vineyards LLC. Said property is identified as part of SCTM #1000-59.-3-28.5. The address is 43295 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of County Road 48 approximately 400 feet westerly-.from the intersection of CR 48 and Horton Lane in Southold,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.1± acres (subject to survey) of the 32.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 30.1± 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: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell LEGAL NOTICE NOTICE OF PUBLIC HEARING 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, August 9, 2016, at 4:34 pm, 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 Pindar Vineyards LLC. Said property is identified as part of SCTM #1000-59.-3-28.5. The address is 43295 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of County Road 48 approximately 400 feet westerly from the intersection of CR 48 and Horton Lane in Southold,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.1± acres (subject to survey) of the 32.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 30.1± 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: July 26,2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUi'HOLD Elizabeth A.Neville Southold Town Clerk Please publish on August 4,2016 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 August 9, 2016 4:34 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 4:57 PM COUNCILMAN GHOSIO: 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, T• 262016, r ':wpm, August 9, 2016 at 4:34 PM, 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 Pindar Vineyards LLC. Said property is identified as part of SCTM #1000-59.-3-28.5. The address is 43295 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of County Road 48 approximately 400 feet westerly from the intersection of CR 48 and Horton Lane in Southold,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.1± acres (subject to survey) of the 32.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 30.1± 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. Pindar DRE Public Hearing August 9, 2016 page 2 I have here a copy of the legal notice from the Suffolk Times on August 4, 2016. 1 do have an affidavit here that this announcement was put on the Town Clerk's bulletin board. I have a short environmental assessment form all filled out and I have a memorandum from the LWRP coordinator that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. That's all I have. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular hearing? MELISSA SPIRO: Hi, Melissa Spiro, Land Preservation Coordinator. As noticed, this public hearing is for the town to acquire a 30 development rights easement for agricultural purposes. The farm is on the town's list of eligible parcels and the purchase will be funded with funds from the community preservation fund. The final purchase price is based on the surveyed acres at $60,000 per acre with an estimated total of$1.8 million. The farm is shown on the map in front, it's outlined in red. All but one of the properties shown on the map with white labels have been preserved for agriculture, either under the town or the county's farmland programs. The property to the north of the subject property, also labeled in white is town owned open space. The Pindar property is adjacent to and also across the street from other preserved agricultural lands and as I noted, it is also adjacent to town owned open space. So preservation of this farm expands an existing area of preserved land. The farm contains all prime ag soils and it is in active agriculture. The landowners intend to exclude an area of approximately 2 %2 acres from the sale of development rights as designated with the broken white lines on the map. The exact area will ( be determined after the property has been surveyed. Both the Land Preservation Committee and I support this acquisition and recommend that the Town Board proceed with the project as proposed. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this particular project? (No response) This hearing was closed at 4:59 PM Elizabeth A.Neville Southold Town Clerk S E Q R A P U R C H A S E R E S O L U T I O N pB�CTC"� RESOLUTION 2016-766. ADOPTED DOC ID: 12117 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-766 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9,2016: 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 Pindar Vineyards LLC on the 9'h day of August, 2016, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-59.-3-28.5. The address is 43295 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of County Road 48 approximately 400 feet westerly from the intersection of CR 48 and Horton Lane in Southold,New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.1-+ acres (subject to survey) of the 32.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 30.1± 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, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Resolution 2016-766 Board Meeting of August 9, 2016 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 Pindar Vineyards LLC, identified as part of SCTM #1000-59.-3-28.5. 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: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 8/9/2016 3:02 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 iplicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME —T• m7�jce14kSE 0F'0EVGLOTFnl=NT'P. LrKv5: t�dL. \pw{vA t N LL G 3. PROJECT LOCATION: Municipality County C->u G PUI.IFc 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) cam-* 11000-SR,- 3 -2g.S X13 2A S Cm N-ry 7,vra1D y g, Soar rt ot_i�, 5. PROPOS ACTION IS: New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: \bt.JN 'k--"01ZCk4 oG A' MIR-O �IG/UT 'Rt + P i=/45tir'1�/�iT 6N 30.1' Ades aF 7. AMOUNT O LAND AFFECTED: t Initially.1 acres Ultimately 3d, 1 - acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 21Yes FINo If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? t/Residential Industrial Commercial P Agriculture Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR AL)? ElYes No If Yes,list agency(s)name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E] Yes ZNo If Yes,list agency(s)name and permit/approvals: 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E] Yes 11 No AIA 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLE7�7 / IicanUs onsor name: Date: 3//4'gyp p >� L55LL SGlJ SO[lTHUL1�IO �N ` L/4NP j)PC-5&2t1A7jDCCO)z01 ty'4Ttljz- Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 t , PART II - IMPACT ASSESSMENT To be completed by Lead Agency) DOES ACTION EX EED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes Vo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may bg superseded by another involved agency Yes No KJ 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: Nc) C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly- mu C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: t v c) C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: 'VV C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: Ijv C6. Long tern,short term,cumulative,or other effects not identified in C1-05? Explain briefly: N� C7. Other impacts Including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL 6REA(CEA)? El Yes F,14o If Yes,explain briefly: E. IS THERE,OR IS RE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise.significant-Each effect should be assessed'in connection with its(a)setting(i.e.urbari or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 11 was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FU EAF and/or prepare a positive declaration. Check this box ifyou have determined,based on the information and analysis above and any supporting documentation,that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination -� JUL 16 2016 (: rn �tl-yt-r> �(3wtJ k,aP Q ko Name of Lead Agency Date Print or Type Name of Re sible Offi in Lead Agency Title of Responsibl Officer Signature ofResponsible Offi r in Lead Agency Si4pdture of Preparer(If diff rom responsible officer) t? ' OFFICE LOCATION: hO��OF SO�ry®l MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 10 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 ® Y� Telephone: 631 765-1938 ®fyC4UI�T1,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner il� LWRP Coordinator Date: July 26, 2016 Re: Proposed Purchase of a Development Rights Easement on Property owned by Pindar Vineyards LLC .SCTM #1000-59.-3-28.5. Zoning District Agricultural-Conservation (A-C) Location: 43295 County Road 48 in Southold. This proposed acquisition is for a development rights easement on the property consisting of approximately 30.1±acres (subject to survey) of the 32.6±acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold.Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Bill Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator ° FF JUL 2 6 2016 DEPT.OF LAND MESERVA7LON C L O S I N G S T A T E M E N T CLOSING STATEMENT PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD part of SCTM #1000-59.-3-28.5 Total Development Rights Easement— 29.629 acres Total Parcel Acreage— 32.129 acres PSEG Easement Area — 0.69 acres (included within easement area but not in purchase price calculation) Reserve Area - 2.50 acres Premises: 43295 County Road 48, Southold Closing took place on Thursday, October 20, 2016 at 10:30 a.m., Southold Town Hall Annex --------------------------------------------------------------------------------------------------------------- Purchase Price of $ 1,736,340.00 (based upon 28.939 buildable acres @ $60,000 per buildable acre) disbursed as follows: Payable to Pindar Vineyards LLC $ 1,736,340.00 Check#130158 (10/18/2016) Expenses of Closing: Appraisal Payable to Elinor Brunswick, MAI $ 3,000.00 Check#128134 (415/2016) Payable to`Elinor Brunswick, MAI $ 500.00 Check #128396 (5/312016) Survey Payable to Peconic Surveyors, P.C. $ 4,250.00 Check#130006 (10/412016) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,200.00 Check #129717 (9/6/2016) Title Report Payable to Stewart Title Insurance Company $ 8,085.00 Check #130192 (10/18/2016) Title insurance policy $ 7205 Recording easement $ 390 Patriot Search (2) $ 40 Bankruptcy Search (2) $ 40 Recording C&R's $ 285 Certified copies 125 $ 8085 Title Closer Attendance Fee Payable to Patricia Fallon $ 150.00 Check #130098 (10/18/2016) Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Alex Damianos Seller, Co-Executor Althea Conroy Seller, Co-Executor Leslie Feifer, Esq. Attorney for Sellers Christina Mauceri Pindar Vineyards Office Manager Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,200.00 Check #129717 (9/6/2016) Title Report Payable to Stewart Title Insurance Company $ 8,085.00 Check #130192 (10/18/2016) Title insurance policy $ 7205 Recording easement $ 390 Patriot Search (2) $ 40 Bankruptcy Search (2) $ 40 Recording C&R's $ 285 Certified copies 125 $ 8085 Title Closer Attendance Fee Payable to Patricia Fallon $ 150.00 Check#130098 (10/18/2016 Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Alex Damianos Seller, Co-Executor Althea Conroy Seller, Co-Executor Leslie Feifer, Esq. Attorney for Sellers Christina Mauceri Pindar Vineyards Office Manager Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst ---------- ----------• ----------- ---------- --------- --------- --------- --------- --------- r— TOWN OF SOUTHOLD VENDOR .03096 PINDAR VINEYARDS LLC 10/18/2016 CHECK 130158 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600. 100 16-766 102016 PINDAR-28.939AC DEV RG 1,736,340. 00 TOTAL 1,736, 340.00 l I - :'d`' ,i =_ _ �'- �--'�`•, fit ' r—, i r—� .ry - - TOWN OF SOUTHOLD - AUDIT 10/18/IG - 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-095,9 CHECK NO. 130158 r THE SUFFOLK'CD"NATIONAL BANK CUTCHOGUE;NY'11935' .t = DATE AMOUNT 50-546/214 10/18/2016 $1,73G-,340.00 ONE MIL_ LION _SEVEN HUNDRED THIRTY SIX THOUSAND THREE HUNDRED,, FORTY AND AO/100 - ,DOLLARS' AY„ PINDAR VINEYARDS _LLC a QTHE -59''lA,BICYCLE PATH -1f ' ORD,R PORT JEFFERSON ST-NY 11776 oy� ii' 1301 58us 'i:0 2 140546L,1: 63 000004 O'il' 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 March 2, 2016 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: Pindar Vineyards, LLC Property 43295 County Road 48, Cutchogue,NY Tax Map 9 1000-59-3-28.005 INVOICE Real Estate Appraisal $3,000 Thank You nPD ECE Eu U?EV MAR - 3 2016 DEPT OF[AND 11RESEF,vAi 10rI � . . . ----------------------- �______� i-----J L-----� --------------------- i------� �-----� �-----' ----r--^ ------� | � TO-Wr8/OF SOUTI{(DD ' VENDOR 005409 ELINOR BRUNSWICK, nmkI ' 04/05/2016 CHECK I28134 � FUND &: ACCOUNT P.O.# INVO�ICE DESCRIPTION AMOUNT . . . � � .8G60.2.500.200 ' 29041 030216 APPRAISAL-SACRED HEART . .' TOTAL 5,500.00 . . ' L / c � � ~~ ( — ' ppp | � . ` ' . | . | � ! . . .- - . . . . � . . . ' . . it / |./ / | . / | ' Ykoi | zN � . ' . . . ry . \ � all,~: rO^ � ^�E/3'`UOY�OU��^Un=^~'^'^' �' ' '' BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P.O.Box 674 Rockville Centre,New York 11571-0674 (516)608-8877/(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 April 8, 2016 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: Pindar Vineyards, LLC Property 43295 County Road 48, Cutchogue,NY Tax Map# 1000-59-3-28.005 INVOICE Revise Real Estate Appraisal $500 Thank You 1 j APR 18 2016 f ---------- ------- ---------- ---------------- ----t-------t---r--7--, 7�-------------- ------------------- ........5 ',r................. ------------ ------ ----------------------- -------------------- --------------------- ......... —-- -----------I-------- ------ -- -- --------------- I---------- TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 05/03/2016 CHECK 129396' FUND-& ACCOUNT P.O.# INVOICE /DESCRIPTION 1 I AMOUNT CM .8660.2.500.200 29767 040816 APPRAISAL-PINDAR VNYRD 500100 TOTAL'I J 500.00 F., AF Z .................... A w S3095,MAJ, E T �ASU FR` If 1141s'It:0 Sil jjtjjf,�. I., ;0V qV- -1 I j n 1"o jejz'-JjI"_, i. x IV IV, hp, "L all I k,I k iiiq'p p k'wy.ji� Olf EI7,'-`IPMZUNS T0N,t%lAPPR D74CO Or N", "'y I ti•i;I RR, QW it R()c Uf 0•tt1 -1 3� 1.:, , 00L I Ljf;4 , PECONIC SURVEYORS, P.C. Invoice SOUTHOLD, NY 11971 PO BOX 909 Date Invoice# 1230 TRAVELER STREET 9/15/2016 2827 Bill To TOWN OF SOUTHOLD DEPT.OF LAND PRESERVATION PO BOX 1179 SOUTHOLD NY 11971 P.O. No. Terms Project 16-084 Net 30 Quantity Description Rate Amount 1 DEVELOPMENT RIGHTS SURVEY PINDAR VINEYARDS LLC TO TOWN OF 4,250.00 4,250.00 SOUTHOLD.SCTM#1000-59-03-28.5 nD E ! SEP 1 5 2016 DEPT.OF LAND PRESERVATION i nank you for your business. Total $4,250.00 Phone# 631-765-5020 •---- ------ - =--= --- ' --- -- ----' -------------- , , 1 TOWN OF SOUTHOLD r VENDOR 016144 PECONIC SURVEYORS, P.C. 1 l'0/04/2016 CHECK 130006 FUND & ACCOUNT P.O.# INVOICE j DESCRIPTION r AMOUNT CMI .8660.2.600.100 29770 'J2827 SURVEY-PINDAR-DEV RTS '4,250.00 -- TOTAL 4,250.00 ; ! 1 % - r��r•� .*tel� �>$+YF��+ "�`:. - � , /�r tNPI, P +�c 41 .�� t'.-.�t-'.--.rte.,, ;` I► r a r , 1 I ' -� _'_ - - - - , , J'd ,t , _ - _ - , r., i'a�a , Y" t.•. iIT.� ['. i�e�a.:••--_ _ _- s •1'%: , -"`^ ....�'�`1°�:...•:�,•-Yi�i�i`,k-t3;4 'q"'A.'Y.�v 1'" �'ti.•�,.'ts'- - `',J. -- y i i,,,,y�;.'•�i,l.ia:.a.,t�4;;!'�.(`.'`p•:,•'a,'"Jt.'''„•:�ii:S.r Y,d-'stS�ar,''1plt�s5P':•;:•�•:,t";r.i•"'tY'io•i'!`•a'i'1i,r�jr r•'`tIr'1;R>[•.�t.j:s_:_'nr;•fi°.di7,=_•+?r,:.,rs-?rl.0'-'-:<_Pr�rWNv� 1's1'9�_71'•a0„9l5'l9S4Qi.'r'i`r;'.�:t4�.;•;in;"'<:',t..e';,.. ,`i_: _ c,`•�ip'P_u`'D -MAINRdAOrP i`_•ClHl EC!`.LL•^K�t'OtNYO0'..4 395OBOX'l179t -SOUT OL?,Ry ��°r/:•y•t,2-1tt3�=u1Q`6OY`S�0`>P6a�'•r!,.j t i ll.•:e/i1',^Rt: !` •t`ii 'r- - ,Cri a 1• f-" r S, __ •r° r?: r !.lb; =. _:a.'':y=__ l "•l•:,`P.';! rr:e vn. .,Y.' 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":Irt'r 7• rl°Ii',',':E;s--`,e`.. -- - 11u .,ai'Eio,Pl"�{;I,,Il lr,'ty'i=•l'ri "sir t'1- .r. _ °,1: 'A I'. _E.iji' dljl ut4 .'r. t,.�,t`1.'r s�:''1 f _ -.t:: .,� e'E;;•'•s I•(e:4'r r J Ee,'f aa;,a f.a.j•,i Y'.. - _ +` ... -`„'L•`(d_�.-_'•�___- \/F^i a a�r'i" r ,.1. t5" .r:^-v'.`,° � __ _�- - y ..y r�rt:, qY.'b w.l•.�._.`".�':�-:- :_. --'�•_`"^�'; , �i :L '29`�;:i-7 i.0 �'�''40''S4'6to: 6r3; O'00�0�; ''0i{■.: �..- s � -malr, 't.P" Real partners.Real possiWitles" INVOICE INVOICE NUMBER: 27785 DATE: 10/7/2016 TITLE NO.: 1627782 TITLE CLOSER: Fallon,Pat APPLICANTICLIENT: Twomey,Latham,Shea,Kelley, CLOSING DATE/TE%1E: 10/20/2016 10:30 AM Dubin&Quartararo,LLP CLOSING Southold LENDER'S ATTORNEY: NONE Town- SELLER'S 7aspan Dept.of PROPERTY ADDRESS: 43295 County Road 48 Land Southold NY Preservation District: 1000 Section: Block:03.00 Lot:p/o TRANSACTION Development 059.00 028.005 SALES PRICE: $1,736,340.00 COUNTY: Suffolk PROP TYPE: Vacant PURCHASER/BORROWER: Town of SELLER(S): Pindar Vineyards LLC ,a..u,�'Tas,.'.s« '+",�.e?::� „t'i�.," —a' ,��....i 1 %'�,J�..¢�'.�-H...,.,,i+„ `.,•4�,y � ;�L*,..".'�Si!�F :5�T;�" i,.L.}r.'i+.ta yw:;'-._ _p__.;-„-.»a,..,.�qs ,.;,:x. _.� <!.� t.�.,sa�:��>?�;' rs.. .��•;�,�3..�,�?w�✓::-.,°�,'s:.�..2�:, aa, - s—��R. ;. ,�s ; �i'i:':$_�: .�,e«-t� , -.; � �8:� `�`.e;��-f �9�y^r+'t -Y..ri•:c;,#.^ ..,cU, .,�t':-^-':u�'..:.,x:. .>..sa. ,2�+ :-t. ':t. _.�s� �.2�*:ry.....-°.c._ i4':=::' .s`u..�: PREMIUM: Fee Insurance(Liability Amount:$1,736,340.00) $7,205.00 $7,205.00 ENDORSEMENTS: SEARCH FEES: Municipal Search($)* ** NONE REQUESTED Bankruptcy Search($20 each)* $40.00 $40.00 Patriot Search($20 each)* $40.00 $40.00 RECORDING FEES:*** (Please add$5 for each add'1 pg if greater than pg count shown) Recording Fees $800.00 $800.00 1)Development Rights Easement w/TP584(25pgs) $390.00 2)Covenants and Restrictions(8pgs)$285.00 Which includes certified copies fee of$125.00 TAXES:(TRANSFER)MANSION/MORTGAGE) NYS Transfer Tax(usually paid by seller) - NOTE: ** PENALTIES&INTEREST WILL ACCRUE IF NOT RECEIVED BY NYS DT&F WTI HIN 15 DAYS OF DATE OF DELIVERY.($6,946.00) EXEMPT-SEE TP-584 Peconic Bay Regional Town Transfer Tax($33,226.80) ** EXEMPT-SEE TP-584 ADDITIONAL: Survey($) ** Provided by the Applicant Additional Fee-(For Information:Title Closer Service-Please ** make payable directly to closer, required)($250.00) SUBTOTAL: $8,085.00 $8,085.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $8,085.00 $8,085.00 $0.00 $0.00 RECEIPTS TNRPf T CTTPj KQ- 4MOTTNT- zTyr rTT rv4z- AA4nTTh1T- TOWN OF SOUTHOLD VENDOR 019624 STEWART TITLE INSURANCE CO. 10/18/2016 CHECK 130192 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 16-766 ST16-27782 PINDAR-TTL INS-28.939AC 7,205.00 CM .8660.2.600.100 16-766 ST16-27782 PINDAR-RCRD ESMNT-28.939 390.00 CM .8660.2 .600.100 16-766 ST16-27782 PINDAR-RCRD C&R'S-28.939 285. 00 CM .8660.2.600.100 16-766 ST16-27782 PINDAR-CRTFD CPS-28 .939 125.00 CM .8660.2.600.100 16-766 ST16-27782 PINDAR(2)BNK SRCH-28.939 40.00 CM .8660.2.600.100 1G-76G ,-ST -§,2-7-7-V,`,- PINDAR(2)PAT SRCH-28.939 40.00 TOTAL 8, 085 . 00 rL _ 1 1 TOWN OF SOUTHOLD= 53095 MAIN ROAD,PO Box 1179 AUDI" 10/18/16 T SOUTHOLD,NY 1 1 971-095 9C_HECK ATO,y 1.3,019,2 THE SU&O�k CO,NAT,IONPLrBANK +i' CUTf�„HOGU ;,NY;j1'935 �;;� - - - DATF=-- - ,y AMOUNT , 50-546/214 10/18/2016 d $8, 085.0.0 EIGHT THOUSAND EIGHTY FIVE AND 00/100 -DOLLARS Pit'Y ,STEWART, TITLE INSLTRANCE-=CO,. TO;TtE X50;�wBROADHOL OW,_$UII'E.-2-31` „'' 'r i , �'i• +ti'( r',ii; URD,ER . _ _ i w_., �,y • � +l� OF "MEL'VII:LE, NY 1:1741----- � L _T - n■ 13 0-i 9 2 i,•' ''�:0'2 14'051, 6 41:+ P. 1` 0'00004 011■ _ - " TOWN OF SOUTHOLD VENDOR 006013 PATRICIA FALLON 10/18/2016 CHECK 130098 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 16-766 ST16-27782 PINDAR-TTL CLSR-28.939AC 150.00 TOTAL 150.00 it'`v- ,.L _ -'�,t°' '��yl'rid,. : , ' tv }I•''-r` r, � 0 ♦ p '0 g \ TOWN OF-SO UTHOLD-- 53095 MAIN ROAD,PO BOX 1179 AUDIT 10/18/16--- SOUTHOLD,NY11971-0959 CHECK_ NO. 130098 THE SUI±FOLK CO'NATIONAL BANK DATE AMOUNT _ = CUTCHO'GUE,NY 1`1935 = 50-546/214 10/18/2016 $150.00 ONE HUNDRED FIFTY AND 00/100 DOLLARS AY ,PATRICIA FALLON OG�� N" TO THE 4'0, WHITE:OAK=LA_NE- F SOUTHAMPTON NY; .11968 0'' L30098i�' °":0 2'14''05464 :- 63 =000004 0ii' _ _ 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 �SUFa RESOLUTION 2018-935 y�i gar ADOPTED DOC ID: 14587 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-935 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23, 2018: WHEREAS, on October 20, 2016, Pindar Vineyards LLC and the Town of Southold executed a Grant of Development Rights Easement for the sale and purchase of a development rights for part of 43295 County Road 48 (The "Property"), identified as #1000-59.-3-28.7 on the Suffolk County Tax Map; and WHEREAS, the Easement contained a scrivener's error in Section 3.03; and 1 WHEREAS,the Town wishes to correct the error; now, therefore, be it RESOLVED,that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign any and all documents necessary to correct the scrivener's error for the property, including a Correction Grant of Development RilZhts Easement and any required recording documents which shall be recorded at no cost to the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell CC#: C19-19939 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH X PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 04/29/2019 under Liber 000013010 and Page 105 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof, i have hereunto set my hand and affixed the seal of said County and Court this 04129/2019 SUFFOLK COUNTY CLERK C-; JUDITH A.PASCALE SEAL lfllllllllllllllllllllllllllllllllllllllllll111IIIIIIII IIIIIIIIIIIIIIIIIIIIillll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 04/29/2019 Number of Pages: 23 At: 01:14:59 PM Receipt Number : 19-0083428 TRANSFER TAX NUMBER: 18-30639 LIBER: D00013010 PAGE: 105 District: Section: Block: Lot: 1000 059.00 03.00 028.007 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $115.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.50 NO Cert.Copies $14.95 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $375.45 TRANSFER TAR NUMBER: 18-30639 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County �1 ; 2 ( RECORDED N pages Number of a 2019 Apr 29 01:14:59 PM P JUDITH A. PASCALE CLERK, OF This document will be public SUFFOLK COUNTY record.Please remove all L D00013010 Social Security Numbers P 105 DT# 18-30639 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax H 20. 00 2. Additional Tax SubTotal TP-584 Spec./Assit. TP-5084 tion 4Y! \ or EA-5217(County) SubTotal Spec./Add. TOT.MTG.TAX EA-5217(State) Dual Town Dual County R.P.T.S.A. ! Held forAppointment Comm.of Ed. S. 00 Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is LCertifl��C:;;�' or will be improved by a one or two family dwelling only, NYS Surcharge 15. 00 Sub Total YES orNO Other if NO,see appropriate tax clause on Grand Total Page q afthisinstrument. 4 1 Dist,1C 3861773 1000 05900 0300 028007 7 5 Community PZu�n vation Fund P S I Consideration TaxSeReal rrvi em R LWI A I� CPFTax Due $0,00 Agency 29-APR-1 Verification // ppee Improved (i Satisfactions/Discharg RECORD&RE AT O Y owners Mailing Address Vacant La Lisa Clare Kombrink,Esq. TD Twomey,Latham,Shea,Kelley,et al. P.O.Box 9398 TD Riverhead,NY 11901-9398 TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, ,Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorse Page This page forms part of the attached Correction Development Rig s Easement made by. (SPECIFY TYPE OF IN The premises herein is situated in CR 48 PECONIC LLC SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD t In the VILLAGE TOWN OF SOUTHOLD or HAMLET of PECONIC BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over F CORRECTION GRANT OF DEVELOPMENT RIGHTS EASEMENT ,THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of_ t 2019 at Southold, New York. The parties are CR 48 PECONIC LLC with offices at 9 West 57th Street, Ste. 4500, New York, New York 10019 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). This Correction Grant of Development Rights Easement modifies Section 3.03 of the Grant and Development Rights Easement dated October 20, 2016 and recorded on November 22, 2016 at Liber D00012889, Page 238. INTRODUCTION k WHEREAS,. Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk,County,, New York, currently Identified as part of SCTM #1000-59-3-28.7 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by John T. Metzger, L.L.S. of Peconic Surveyors, P.C., dated September 12, 2016 and last revised September 26, 2016 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey'l; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently cultivated with vineyards, except for a small, undeveloped wooded area in the southeasterly.corner of the Property; and WHEREAS, it is the policy of the Town of Southold (the "Town"), 6s articulated in the Town's Master Pian of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York 1 State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development;-and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SEVEN HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED FORTY AND 00/100 DOLLARS ($1,736,340.00) and other good and valuable consideration paid to .the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a . . Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded,and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, Its legal representatives, successors and assigns, the fee title to the property,'and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set,forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of-the New York State General Municipal Law ("General Municipal Law') to acquire fee title or lesser interests in land, Including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural, and aesthetic values of the Property and have the common purpose of preserving these values by, limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose. of preserving its character in perpetuity for-its environmental, natural, scenic, agricultural, and aesthetic values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 -Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement.' In order to aid in identifying and documenting the present condition of the Property's environmental, natural, scenic, agricultural, and aesthetic resources and otherwise to aid In identifying and 3 documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by John T. Metzger, L.L.S. of Peconic Surveyors, P.C., dated September 12, 2016 and last revised September 26, 2016, and ,a Phase 1 Environmental Site Assessment dated August 26, 2016 by Nelson, Pope & Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. 'ARTICLE ONE THE EASEMENT 1.01 Type J This instrument conveys a Development Rights Easement (herein called the "Easement'. This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as they may be amended, and including the 4 production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and,Markets Law'j, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an 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 production, Including land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes. the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest In the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or 5 entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION SEVEN HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED FORTY AND 00/100 DOLLARS ($1,736,340.00) and such other good and valuable,consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02• Excavation and Removal of Materials: Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal. agricultural/horticultural activities, all of which shall 6 require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the dissolution of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's successors and/or assigns or by operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used In the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including, but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or.defined In Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or In the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. 8 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except-in accordance with sound agricultural management practices and In order to control flooding or soil erosion'on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further'development rights -that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be 'provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 9 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead,,diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a Lawn on the Property, as set forth in 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. 10 Grantor may offer"U-Pick" operations and/or the use of a corn maze to the general public, provided' that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ 11 erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such Instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. 12 ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys'fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable 'In amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages,to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere 13 with Grantor's quiet use and enjoyment of the Property, for the purpose of Inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood,- storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement Is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (III) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable 14 relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses`l in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or,limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 15 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. 16 This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement If such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified. organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. ' Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 17 7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more Interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties Intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be Interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 18 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: CR 48 PECONIC LLC, GR) N T By: CROSSROAD S,-A�fLA LLC, le M ber By: ; STEFAN Q. SO VIEV, ole Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor 19 0 r STATE OF NEW YOR/Q )ss COUNTYOF !je On the .A.1 , day of-72 in the year2019 before me, the undersigned, personally appeared Stefan Q. Soloviev,personally known to me or proved to me on the basis ofsatisfactory evidence to be the individual whose name is subscribed to the within instrument and adrriowledged 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 �gnatvr%fI`ice ofindividual takin ..; sk, edglWi t- DMMA i' ry Public,State of No. 01 DE C-03ZM 4. QjAlified in Owens STATE OF NEW YORIO c ommkwon as NwwdvrXQ I COUNTYOFSUFFOLK) On the �9 day of MQTh In the year 2019 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. ignatur%tfice ofindividual taking acknowledgement LAUREN M.STANDISH WMery Pu l*ftOISTOf NOW York Ousiified in Suffolk Coun - CommiWon EXPinas April 9, 023 20 SCHEDULE A DEVELOPMENT RIGHTS EASEMENT AREA: ALL that certain plot,piece or parcel of land,situate, lying and being in the Town of Southold,County of Suffolk and State ofNew York,and bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road(a/k/a Middle Road)(C.R.48)distant 306.29 feet from a curve connecting the intersection of Middle Road(C.R.48)and Hortons Lane; THENCE still running along the northwesterly side of Middle Road(C.R.48),South 66 degrees 54 minutes 30 seconds West 196.74 feet(deed); South 66 degrees 50 minutes 00 seconds West, 196.29 feet (survey); Along the arc of a curve bearing to the left having a radius of 10,306.00 feet,a distance of 194.86 feet to a point and the true point of beginning; South 67 degrees 59 minutes 30 seconds West 170.66 feet(deed);South 67 degrees 55 minutes 00 seconds West, 169.65 feet(survey)to land now or formerly of Vitti; RUNNING THENCE along last mentioned land the following two(2)courses and distances: 1.North 31 degrees 29 minutes 40 seconds West 593.31 feet(deed),North 31 degrees 32 minutes 40 seconds West,592.58 feet(survey)to a point; 2.North 42 degrees 02 minutes West(deed)(North 42 degrees 04 minutes 40 seconds West,survey) 1226.90 feet to a point to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned lands the following three(3)courses and distances: 1.North 40 degrees 18 minutes 48 seconds West 387.13 feet to a point; 2.North 12 degrees 49 minutes 28 seconds West 187.96 feet(deed)(189.10 feet,survey)to a point; 3.North 68 degrees 13 minutes 45 seconds East 651.05 feet(deed)(651.61 feet,survey)to a point to lands now or formerly of Bhavana Berries LLC; THENCE along said lands, South 34 degrees 18 minutes 50 seconds East 451.87 feet to a point; THENCE along said last mentioned land and lands now or formerly of Kosovsky,Collado&Salmon, South 35 degrees 02 minutes 00 seconds East 1236.36 feet to a point; RUNNING THENCE South 34 degrees 53 minutes 20 seconds East,337.73 feet(deed), South 34 degrees 47 minutes 40 seconds East,336.83 feet(survey); THENCE South 59 degrees 23 minutes 56 seconds West,368.85 feet; THENCE South 31 degrees 32 minutes 20 seconds East,262.20 feet to the northwesterly side of North Road(a/k/a Middle Road,C.R.48)and the point or place of BEGINNING. 0 f i SURVEY OF PROPERTY AT SOUT$OLD \ TOWN OF SOUTHOLD I SUFFOLK Comm N.Y. f MAW M100• 1 UPWO&1R 7010 f • ." ..P' �•� �rtwa as aur(naswsl y J,p rr'J� p'a t J ww r:i• , �A" 6 `\ t S• � 'e •�*• N•��,+': µ`ii. •-- r M p4DZELaWr ro+zrorsvm,ancns.w�erneme F! `�� ,, d`.o.+ rrueeayseae&e MAVAA ONA m •"'%' t`'"�y ` q8) w:�_. Fc:- ,•r 9�' � SCR nMMMU atoACKM ..:-74M �i 'x. TOOL AMA•saw Acts •Fele-oas R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 11/22/2016 Number of Pages : 23 At: 03: 01:01 PM Receipt Number : 16-0185923 TRANSFER TAX NUMBER: 16-12353 LIBER: D00012889 PAGE : 238 District: Section: Block: Lot: in00 059 . 00 03. 00 028 . 007 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,736,340 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $115. 00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15. 00 NO TP-584 $5. 00 NO Notation $0 . 00 NO Cert.Copies $14 . 95 NO RPT $200 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $374 . 95 TRANSFER TAX NUMBER: 16-12353 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 ;' 2 Number of pages PECOPDED <016 Hoo 22 03-.01,01 PH rU[,1TH A. PASCALE This document will be public CLERK OF record. Please remove all SUFFOLK COUNTS' L D00012889 Social Security Numbers F -178 prior to recording. DT# 16-1235" Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee It'5 — `Mortgage Amt. I.Basic Tax Handling 20. 00 2. Additional Tax TP-584 15 Sub Tota l Notation Spec./Assit. _ or EA-52 17(County) SubTotal Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. 00 J Dual Town Dual County Held forAppointment_� Comm.of Ed. 5. 00 Transfer Tax Affidavit e�'j� . Mansion Tax I The property covered by this mortgage is =Certifi-,dC.py or will be improved by a one or two NYS Surcharge '15. 00 Sub Total 02 3A4 S family dwelling only.Other —1 YES orNO Grand Total p V` If NO,see appropriate tax clause on page# of this instrument. 16035220b �'° I Dist. 1000 05900 0300 028007 5 Community Preservation Fund 4 . RealSeryer X14-NOV 1 III�IIIIIIIIIIIII III�IIIIII IIII�IIIIIIIIII I�III�II Consideration Amount$ 1,736,340.00 Agency CPF Tax Due $ 0.00 Verification 0Q S D li „ // pp Improved 6 Satisfactions/DischargRECORD&RLETURNTO�Owners Mailing Address / Vacant Land Lisa Clare Kombrink, Esq. I Twomey, Latham,Shea, Kelley,et al. TD i J P.O. Box 9398 Riverhead,NY 11901-9398 TO TD Mad to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Stewart Title Insurance Company www.suffolkcountyny.gov/clerk Title# STI 6-27782 8 Suffolk County Recording & Endorsement Page This page forms part of the attached GRANT OF DEVELOPMENT RIGHTS EASEMENT made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in PINDAR VINEYARDS LLC SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD In the VILLAGE TOWN OF SOUTHOLD or HAMLET of SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over October 19, 2016 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 20th day of October, 2016 at Southold, New York. The parties are PINDAR VINEYARDS LLC with offices at 591A Bicycle Path, Port Jefferson Station, New York 11776 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 1,1971-0959 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-59-3-28.5 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by John T. Metzger, L.L.S. of Peconic Surveyors, P.C., dated September 12, 2016 and last revised September 26, 2016 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently cultivated with vineyards, except for a small, undeveloped wooded area in the southeasterly corner of the Property; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and 1 WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SEVEN HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED FORTY AND 00/100 DOLLARS ($1,736,340.00) and other, good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule ""A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or Liens, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title,or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural, and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic, agricultural, and aesthetic values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the -Property's environmental, natural, scenic, ` agricultural, and aesthetic resources and otherwise to aid in identifying and 3 documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the 'Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by John T. Metzger, L.L.S. of Peconic Surveyors, P.0.', dated September 12, 2016 and last revised September 26, 2016, and, a Phase 1 Environmental Site Assessment dated August 26, 2016 by Nelson, Pope & Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights ! Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as they may be amended, and including the 4 production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an 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 production, including land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 -Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word '"Grantor" when used herein shall include all of those persons or 5 entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when, used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION SEVEN HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED FORTY AND 00/100 DOLLARS ($1,736,340.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee (""Land Preservation Committee") and other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall 6 require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of-the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, provided that all resulting parcels contain at least 10 acres of preserved Is, land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the dissolution of Grantor, the , underlying fee interest may be divided by conveyance of parts thereof to Grantor's successors and/or assigns or by operation of law. 3.04 pumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name -of the Property and the names and addresses of the occupants and the character of the business conducted thereon, _(b) to temporarily advertise the,-Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent-of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, inchiding but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. 8 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the ti Property. 9 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a Lawn on the Property, as set forth in 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in 10 the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and - do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with 11 the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. 12 ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and- other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical- maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called 'Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified mail,, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded-by it. 16 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following- a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the Limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any _ subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. 17 Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 18 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings . The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PINDAR V YA DS TOR By: LEX NDER DAMIA OS, CO-MANAGER OF PINDAR VINEYARDS LLC t By: 2Z!I�z � J ALETHEA DAMIANOS, CO-MANAGER OF PINDAR VINEYARDS LLC ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor 19 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the 20th day of October in the year 2016 before me, the undersigned, personally appeared Alexander Damianos, 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. Signatur%fce of individual taking acknowledgement PATRICIA L.FALLON STATE OF NEW YORK Notary Public, State Of New York No. 01 FA4960146 ) SS.: Qualified in Suffolk County oLD!`I COUNTY OF SUFFOLK) Commission Expires April 24. On the 201' day of October in the year 2016 before me, the undersigned, personally appeared Alethea Damianos, 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. Signatur%fce of individual taking acknowledgement PATRICIA L.FALLON STATE OF NEW YORK) Notary Public,State(N New York No. Oi FA4950146 SS.: Qualified In Suffolk Cots COUNTY OF SUFFOLK) Commission Expires April 24, On this 20th day of October 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. Signatur%fce of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of RewYork No. 01 FA4950146 Qualified In SO, oflr County r� Commission Expires April 24, 20 SCHEDULE A DEVELOPMENT RIGHTS EASEMENT AREA: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road(a/k/a Middle Road)(C.R. 48)distant 306.29 feet from a curve connecting the intersection of Middle Road(C.R. 48) and Hortons Lane; THENCE still running along the northwesterly side of Middle Road(C.R. 48), South 66 degrees 54 minutes 30 seconds West 196.74 feet(deed); South 66 degrees 50 minutes 00 seconds West, 196.29 feet (survey); Along the arc of a curve bearing to the left having a radius of 10,306.00 feet, a distance of 194.86 feet to a point and the true point of beginning; South 67 degrees 59 minutes 30 seconds West 170.66 feet(deed); South 67 degrees 55 minutes 00 seconds West, 169.65 feet(survey)to land now or formerly of Vitti; RUNNING THENCE along last mentioned land the following two(2)courses and distances: 1.North 31 degrees 29 minutes 40 seconds West 593.31 feet(deed),North 31 degrees 32 minutes 40 seconds West, 592.58 feet(survey)to a point; 2.North 42 degrees 02 minutes West(deed)(North 42 degrees 04 minutes 40 seconds West,survey) 1226.90 feet to a point to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned lands the following three(3)courses and distances: 1.North 40 degrees 18 minutes 48 seconds West 387.13 feet to a point; 2.North 12 degrees 49 minutes 28 seconds West 187.96 feet(deed)(189.10 feet, survey)to a point; 3.North 68 degrees 13 minutes 45 seconds East 651.05 feet(deed)(651.61 feet, survey)to a point to lands now or formerly of Bhavana Berries LLC; THENCE along said lands, South 34 degrees 18 minutes 50 seconds East 451.87 feet to a point; THENCE along said last mentioned land and lands now or formerly of Kosovsky, Collado&Salmon, South 35 degrees 02 minutes 00 seconds East 1236.36 feet to a point; RUNNING THENCE South 34 degrees 53 minutes 20 seconds East, 337.73 feet(deed), South 34 degrees 47 minutes 40 seconds East, 336.83 feet(survey); THENCE South 59 degrees 23 minutes 56 seconds West,368.85 feet; THENCE South 31 degrees 32 minutes 20 seconds East,262.20 feet to the northwesterly side of North Road(a/k/a Middle Road, C.R. 48)and the point or place of BEGINNING. , | . . | i | � � | � ] ' C O V E . N A N T S R E S T R I C T I O N S SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 11/22/2016 Number of Pages: 9 At: 03 : 01 :01 PM Receipt Number : 16-0185923 LIBER: D00012889 PAGE: 239 District: Section: Block: Lot: 1000 059. 00 03 . 00 028 .006 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45. 00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 . 85 NO RPT $400 .00 NO Fees Paid $490 . 85 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 Number of pagesPECCiR0E0 ��;�, ilrt 0 .01:0+ PN JLVITH A. P,P CFLE This document will be public CLEF* OF J 1 LIF,i iLI CC iUHT r record. Please remove all L 000012869 Social Security Numbers P 279 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES i Page/Filing Amt.ing Fee c ti . Handling 20. 00 Basic Tax 2. Additional Tax TP-584 SubTotal Notation Spec./Assit. EA-52 17(County) SubTotal lY� Spec/Add. EA-5217(State) TOT.MTG TAX R.P.T.S.A. A © � Dual Town Dual County Held forAppointment Comm.of Ed. .......... "" S. 00 Transfer Tax A Affidavit �a Mansion Tax Certified Co �� The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 1s. 00 f Ifamily dwelling only. Sub Total YES orNO Other Grand Total If NO,see appropriate tax clause on p page# of this instrument. 4 1 Dist.i0000c 3270313 0� 5 Community Preservation Fund Real Property Tax Servc Consideration Amount$ 0 e F2PF L IIIIIIIIIIIIIIIIII�,IIIIIIIIIIIIIIIIIIIIIII�I Agency CPF Tax Due $ 0.00 Verification 14 NOV-1 Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Lisa Clare Kombrink, Esq. Twomey,Latham,Shea, Kelley, et al. TD P.O.Box 9398 Riverhead, NY 11901-9398 TO TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Stewart Title Insurance Company www.suffolkcountyny.gov/clerk Title# ST16-27782 $ Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made by: (SPECIFYTYPE OF INSTRUMENT) The premises herein is situated in PINDAR VINEYARDS LLC SUFFOLK COUNTY,NEW YORK TO In the TOWN of SOUTHOLD In the VILLAGE TOWN OF SOUTHOLD or HAMLET of SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over p T S R POL A Stat ID: 4-NOV-16 Tax Maps District Secton Block Lot School District 1000 05900 0300 028006 1000 05900 0300 028007 T7 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 20th day of October, 2016, by PINDAR VINEYARDS LLC, with an address of 591A Bicycle Path, Port Jefferson Station,New York 11776, hereinafter referred to as the"DECLARANT. WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 43295 County Route 48, Southold, in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-59-3-28.5, and shown on a survey prepared by John T. Metzger, L.L.S. of Peconic Surveyors P.C., dated September 12, 2016 and last revised September 26, 2016 (the"Survey"), a reduced copy of which is attached hereto and made a part hereof, and described in the metes and bounds description attached as Exhibit"A" and made a part hereof(the "Property"); and WHEREAS,the Survey shows a"Town of Southold Development Rights Easement Area"of 29.629 acres and a"Reserve Area" for 2.50 acres, both described in the metes and bounds descriptions attached as Exhibit`B" and"C", respectively; and WHEREAS,the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement dated October 20, 2016 for part of SCTM#1000-59-3-28.5; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement,the Town Board of the Town of Southold(the"Town Board") has deemed it in the best interests of the Town of Southold(the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and, as a condition of the acceptance of the Grant of Development Rights Easement,the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; and 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 Property shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property,their heirs, executors, legal representatives, distributees, successors and assigns,to wit: DECLARANT shall not make an application for subdivision or separation or for any other relief from the Town of Southold that would allow the subdivision of the Reserve Area from the area of the Property which is subject to the Grant of Development Rights Easement. 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 Declaration, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed,modified,terminated,revoked or amended by subsequent owners of the Property 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. PINDAR VINEYARDS v Alexander Dami , Co-Manager of Pindar Vineyards LLC- Atl�'-JD h By: Alethea Damianos, Co-Manager of Pindar Vineyards LLC STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 201x' day of October, 2016, before me, the undersigned, personally appeared ALEXANDER DAMIANOS, 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, and that such individual made such appearance before the undersigned. &J .- t'"X-1 Notary Public PATRICIA L. FALLOM Notary Public, State of New York STATE OF NEW YORK) No. Oi FA4950146 ss.: oualified In Suffolk Count 0 COUNTY OF SUFFOLK) Commission Exp 4, 1 On the 20`x' day of October, 2016, before me, the undersigned,personally appeared ALETHEA DAMIANOS, 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, and that such individual made such appearance before the undersigned. Notary Public PATRICIA L. FALLON Notary Public, State of New York No. Oi FA4950146 Qualified In Suffolk County Commission Expires April.24 SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, .NY. 1100—,5A-09—TB.,�i *',�;C)% ..X!�✓' ^'n'+=Y� 4, Sr4F.fi 1•=100' ' '� \•�'1° SlP--RW 11 2011 id�%i �•� U,� '\ S!7+ICMOCR ZC,7CfE CRLNS:WI eo 4 F, •\ �6 11-llt5�1 .+°"o'"��°'. '4.\,� •-"Z�i+�' �..,�o - /sem+r' � � ?` 1�J��b��E' .^°'�\ ./moi.Y,/ •+"R�.F' / ^"�r�°+ ^1�/ �♦..•�01 G rf�'P' ya4eK,°m�'a'S'.�Q� '':•'' ': I LIXA'Y611L ~JA'p xp:•'tt�l'i r4, R�'nc.� [``i' er"'�v 1 r.0 na,.xc..uc Vm rm am +�°+"M '� ` f.^•,Qa4�Fs•I� ✓,x., k ItfHldi°>L d.9.cyY�CN�MI �p4 \ . ♦��i� •.,?�,p^ •C '�• 3J w � � tl"yy�•' � �yf��; -Ai- TOM Ai TOM OF eOLgH=De4Lcmoff FrAm '9 ��` "',iA l:yi'>'Wp'B+� i�� USCI 9.eEAO MDfAAE1- 2MNActm H_UMpeeaeASEWNtAMA- MACFE8 � tOR - AFEA- 2MACFES r-�Mi fi sN xq'Y1 Ra EOhl) TOTAL AREA=32129 ACRES SCHEDULE A OVERALL PARCEL: PROVIDED FOR INFORMATION ONLY—NOT TO BE INSURED: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road (a/k/a Middle Road, C.R. 48) where the same is intersected by the southerly line of land now or formerly of Benali LLC; said point of beginning also being a distance of 306.29 feet from a curve connecting the intersection of Middle Road(C.R. 48) and Hortons Lane; From said point of beginning running along the northwesterly side of Middle Road (C.R. 48) the following three courses and distances: 1. South 66 degrees 54 minutes 30 seconds West 196.74 feet(deed); South 66 degrees 50 minutes 00 seconds West, 196.29 feet(survey); 2. Along the arc of a curve bearing to the left having a radius of 10,306.00 feet, a distance of 194.86 feet to a point; 3. South 67 degrees 59 minutes 30 seconds West 170.66 feet(deed); South 67 degrees 55 minutes 00 seconds West, 169.65 feet(survey)to land now or formerly of Vitti; RUNNING THENCE along last mentioned land the following two (2) courses and distances: 1. North 31 degrees 29 minutes 40 seconds West 593.31 feet(deed),North 31 degrees 32 minutes 40 seconds West, 5 92.5 8 feet(survey)to a point; 2. North 42 degrees 02 minutes West(deed) (North 42 degrees 04 minutes 40 seconds West, Survey) 1226.90 feet to a point to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned lands the following three (3) courses and distances: 1.North 40 degrees 18 minutes 48 seconds West 387.13 feet to a point; 2.North 12 degrees 49 minutes 28 seconds West 187.96 feet(deed) (189.10 feet survey) to a point; 3.North 68 degrees 13 minutes 45 seconds East 651.05 feet(deed) (651.61 feet survey)to a point to lands now or formerly of Bhavana Berries LLC; THENCE along said lands, South 34 degrees 18 minutes 50 seconds East 451.87 feet to a point; THENCE along said last mentioned land and lands now or formerly of Kosovsky, Collado, Salmon, Markel and Westview Holdings LLC and Benali LLC South 35 degrees 02 minutes 00 seconds East 123 6.3 6 feet to a point; South 34 degrees 53 minutes 20 seconds East, 653.18 feet(deed) (South 34 degrees 47 minutes 40 seconds East, 652.28 feet survey)to the northwesterly side of Middle Road, C.R. 48) the point or place of BEGINNING. EXHIBIT B DEVELOPMENT RIGHTS EASEMENT AREA: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road (a/k/a Middle Road)(C.R. 48)distant 306.29 feet from a curve connecting the intersection of Middle Road(C.R. 48)and Hortons Lane; THENCE still running along the northwesterly side of Middle Road(C.R.48), South 66 degrees 54 minutes 30 seconds West 196.74 feet(deed); South 66 degrees 50 minutes 00 seconds West, 196.29 feet (survey); Along the arc of a curve bearing to the left having a radius of 10,306.00 feet, a distance of 194.86 feet to a point and the true point of beginning; South 67 degrees 59 minutes 30 seconds West 170.66 feet(deed); South 67 degrees 55 minutes 00 seconds West, 169.65 feet(survey)to land now or formerly of Vitti; RUNNING THENCE along last mentioned land the following two(2)courses and distances: 1.North 31 degrees 29 minutes 40 seconds West 593.31 feet(deed),North 31 degrees 32 minutes 40 seconds West, 592.58 feet(survey)to a point; 2.North 42 degrees 02 minutes West(deed)(North 42 degrees 04 minutes 40 seconds West, survey) 1226.90 feet to a point to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned lands the following three(3)courses and distances: 1.North 40 degrees 18 minutes 48 seconds West 387.13 feet to a point; 2.North 12 degrees 49 minutes 28 seconds West 187.96 feet(deed)(189.10 feet, survey)to a point; 3.North 68 degrees 13 minutes 45 seconds East 651.05 feet(deed)(651.61 feet,survey)to a point to lands now or formerly of Bhavana Berries LLC; THENCE along said lands, South 34 degrees 18 minutes 50 seconds East 451.87 feet to a point; THENCE along said last mentioned land and lands now or formerly of Kosovsky,Collado & Salmon, South 35 degrees 02 minutes 00 seconds East 1236.36 feet to a point; RUNNING THENCE South 34 degrees 53 minutes 20 seconds East, 337.73 feet(deed), South 34 degrees 47 minutes 40 seconds East, 336.83 feet(survey); THENCE South 59 degrees 23 minutes 56 seconds West,368.85 feet; THENCE South 31 degrees 32 minutes 20 seconds East,262.20 feet to the northwesterly side of North Road(a/k/a Middle Road,C.R. 48) and the point or place of BEGINNING. EXHIBIT C RESERVE AREA (PROVIDED FOR INFORMATION PURPOSES ONLY—NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Soutnold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road(a/k/a Middle Road, C.R. 48) where the same is intersected by the southerly line of lands now or formerly of Benali LLC; said point of beginning also being a distance of 306.29 feet from a curve connecting the intersection of Middle Road (C.R. 48) and Hortons Lane; From said point of beginning running along the northwesterly side of Middle Road (C.R. 48) the following two (2) courses and distances: 1. South 66 degrees 54 minutes 30 seconds West 196.74 feet (deed), South 66 degrees 50 minutes 00 seconds West, 196.29 feet(survey); 2. Along an are of a curve bearing to the left having a radius of 10,306.00 feet, a distance of 194.86 feet to a point; RUNNING THENCE North 31 degrees 32 minutes 20 seconds West 262.20 feet; THENCE North 59 degrees 23 minutes 56 seconds East, 368.85 feet to land now or formerly of Westview Holdings, LLC; THENCE along said last mentioned lands and lands now or formerly of Benali LLC South 34 degrees 47 minutes 40 seconds East 315.45 feet to the northwesterly side of North Road, a/k/a Middle Road(C.R. 48) and the point or place of BEGINNING. T . I T L E P O L I C Y ALTA Owner's Policy(6-17-06) POLICY OF TITLE INSURANCE ISSUED BY r—�st insurance titlecompany 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: ^"�w 492 1987 Julie Curlen E3=y vo� b President hori f d 6ffxc o Agent '"•�,�„ , ..� Stewart Title Insurance Company Denise arraux New York, New York Corporate Secretary Part 1 of Policy Serial No. 0-8911-732097 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 http,//www,StewartNewYork.com File No.: ST16-27782 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 (f) "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart company,or other similar legal entity. constructive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed (1) 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. Pa e 2 Serial No.: 0-8911-732097 File No.: ST16-27782 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(i) 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 djligently. 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, [Pag,3 Serial No.: 0-8911-732097 File No.: ST16-27782 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 Joss 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 dpolicy�must be given to the Company at Insured Claimant in any transaction or litigation involving these Claims Department at 300 East 42 St,10 Floor,New York,NY 10017. IEP,;e::4 Serial No.: 0-8911-732097 File No.: ST16-27782 ALTA OWNER'S POLICY(6/17/06) SCHEDULE A File No.: ST16-27752 Policy No.: 0-8911-732097 Amount of $1,736,340.00 Insurance: Date of October 20,2016 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: Development Rights Easement made by and between Town of Southold and Pindar Vineyards LLC dated 10/20/2016 to be duly recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Section: 059.00 Block: 03.00 Lot: p/o 028.005 ALTA OWNER'S POLICY(6/17/06) SCHEDULE A DESCRIPTION File No.: ST16-27782 Policy No.: 0-8911-732097 DEVELOPMENT RIGHTS EASEMENT AREA: ALL that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road(a/k/a Middle Road) (C.R. 48) distant 306.29 feet from a curve connecting the intersection of Middle Road(C.R.48) and Hortons Lane; THENCE still running along the northwesterly side of Middle Road(C.R.48), South 66 degrees 54 minutes 30 seconds West 196.74 feet(deed); South 66 degrees 50 minutes 00 seconds West, 196.29 feet(survey); Along the arc of a curve bearing to the left having a radius of 10,306.00 feet, a distance of 194.86 feet to a point and the true point of beginning; South 67 degrees 59 minutes 30 seconds West 170.66 feet(deed); South 67 degrees 55 minutes 00 seconds West, 169.65 feet(survey)to land now or formerly of Vitti; RUNNING THENCE along last mentioned land the following two (2)courses and distances: 1. North 31 degrees 29 minutes 40 seconds West 593.31 feet(deed),North 31 degrees 32 minutes 40 seconds West, 592.58 feet(survey)to a point; 2.North 42 degrees 02 minutes West(deed) (North 42 degrees 04 minutes 40 seconds West, survey) 1226.90 feet to a point to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned lands the following three(3)courses and distances: 1. North 40 degrees 18 minutes 48 seconds West 387.13 feet to a point; 2. North 12 degrees 49 minutes 28 seconds West 187.96 feet(deed) (189.10 feet, survey)to a point; 3. North 68 degrees 13 minutes 45 seconds East 651.05 feet(deed) (651.61 feet, survey)to a point to lands now or formerly of Bhavana Berries LLC; THENCE along said lands, South 34 degrees 18 minutes 50 seconds East 451.87 feet to a point; THENCE along said last mentioned land and lands now or formerly of Kosovsky,Collado&Salmon, South 35 degrees 02 minutes 00 seconds East 1236.36 feet to a point; RUNNING THENCE South 34 degrees 53 minutes 20 seconds East, 337.73 feet(deed), South 34 degrees 47 minutes 40 seconds East,336.83 feet(survey); THENCE South 59 degrees 23 minutes 56 seconds West, 368.85 feet; THENCE South 31 degrees 32 minutes 20 seconds East, 262.20 feet to the northwesterly side of North Road(a/k/a Middle Road, C.R.48) and the point or place of BEGINNING. OVERALL PARCEL: PROVIDED FOR INFORMATION ONLY—NOT TO BE INSURED: ALTA OWNER'S POLICY(6/17/06) ALL that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road(a/k/a Middle Road, C.R. 48)where the same is intersected by the southerly line of land now or formerly of Benali LLC; said point of beginning also being a distance of 306.29 feet from a curve connecting the intersection of Middle Road(C.R.48) and Hortons Lane; From said point of beginning running along the northwesterly side of Middle Road(C.R.48)the following three courses and distances: 1. South 66 degrees 54 minutes 30 seconds West 196.74 feet(deed); South 66 degrees 50 minutes 00 seconds West, 196.29 feet(survey); 2. Along the arc of a curve bearing to the left having a radius of 10,306.00 feet, a distance of 194.86 feet to a point; 3. South 67 degrees 59 minutes 30 seconds West 170.66 feet(deed); South 67 degrees 55 minutes 00 seconds West, 169.65 feet(survey)to land now or formerly of Vitti; RUNNING THENCE along last mentioned land the following two (2)courses and distances: 1. North 31 degrees 29 minutes 40 seconds West 593.31 feet(deed),North 31 degrees 32 minutes 40 seconds West, 592.58 feet(survey)to a point; 2. North 42 degrees 02 minutes West(deed) (North 42 degrees 04 minutes 40 seconds West, Survey) 1226.90 feet to a point to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned lands the following three(3)courses and distances: 1. North 40 degrees 18 minutes 48 seconds West 387.13 feet to a point; 2. North 12 degrees 49 minutes 28 seconds West 187.96 feet(deed) (189.10 feet survey)to a point; 3. North 68 degrees 13 minutes 45 seconds East 651.05 feet(deed) (651.61 feet survey)to a point to lands now or formerly of Bhavana Berries LLC; THENCE along said lands,South 34 degrees 18 minutes 50 seconds East 451.87 feet to a point; THENCE along said last mentioned land and lands now or formerly of Kosovsky, Collado, Salmon,Markel and Westview Holdings LLC and Benali LLC South 35 degrees 02 minutes 00 seconds East 1236.36 feet to a point; South 34 degrees 53 minutes 20 seconds East, 653.18 feet(deed) (South 34 degrees 47 minutes 40 seconds East, 652.28 feet survey)to the northwesterly side of Middle Road,C.R.48)the point or place of BEGINNING. RESERVE AREA(PROVIDED FOR INFORMATION PURPOSES ONLY—NOT TO BE INSUREM ALL,that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road(a/k/a Middle Road, C.R.48) where the same is intersected by the southerly line of lands now or formerly of Benali LLC; said point of beginning also being a distance of 306.29 feet from a curve connecting the intersection of Middle Road(C.R.48) and Hortons Lane; ALTA OWNER'S POLICY(6/17/06) From said point of beginning running along the northwesterly side of Middle Road(C.R. 48) the following two (2) courses and distances: 1. South 66 degrees 54 minutes 30 seconds West 196.74 feet(deed), South 66 degrees 50 minutes 00 seconds West, 196.29 feet(survey); 2. Along an arc of a curve bearing to the left having a radius of 10,306.00 feet, a distance of 194.86 feet to a point; RUNNING THENCE North 31 degrees 32 minutes 20 seconds West 262.20 feet; THENCE North 59 degrees 23 minutes 56 seconds East, 368.85 feet to land now or formerly of Westview Holdings, LLC; THENCE along said last mentioned lands and lands now or formerly of Benali LLC South 34 degrees 47 minutes 40 seconds East 315.45 feet to the northwesterly side of North Road, a/k/a Middle Road (C.R.48) and the point or place of BEGINNING. 1 ALTA OWNER'S POLICY(6/17/06) SCHEDULE B PART I File No.: ST16-27782 Policy No.: 0-8911-732097 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. Subject to the rights of others over a dirt farm road as shown on Filed Map No. 10899. 2. Survey exceptions as shown on survey made by Peconic Surveyors,P.C., last dated 09/26/2016 (Job Number 16- 084): As to Development Rights Easement Area: a. Deer fence varies up to 41.8 feet south of northerly line; b. Deer fence varies with easterly line; c. Overhead wires cross premises and along southerly line; d. Edge of pavement extends onto North Road, a/k/a Middle Road(C.R.48); e. Pindar sign and utility poles vary with southerly line; f. Deer fence varies up to 22.1 feet east of westerly line and encroaches up to 1.4 feet west of westerly line; steel tower varies along part of westerly line; g. Subject to 50 feet wide PSEG Easement which crosses premises; As to Reserve Area(Provided for Information Only): a. Deer fence varies along part of easterly line; b. Stone retaining wall encroaches up to 5.0 feet south onto North Road(a/k/a Middle Road) (C.R. 48); c. Edge of asphalt and pavement and curbing extends onto North Road(a/k/a Middle Road) (C.R. 48): d. Utility poles vary along parts of southerly line; e. Overhead service wires along southerly line. 3. Terms, Covenants, Restrictions, Conditions and Agreements Development Rights Easement made by and between Town of Southold and Pindar Vineyards LLC dated 10/20/2016 to be duly recorded in the Suffolk County Clerk's Office. 4. 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.: ST16-27782 Date of Issue: October 20,2016 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-732097 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: October 20,2016 U !� - Countersigned By: +;�► uqq 4f 1987 Curlen a:? 19$7 C, Julie Z b Denise arraux ho ed Q ce o Agent Corporate Secretary Stewart Title Insurance Company 300 East 42nd St.,10th Fl New York,New York 10017 STANDARD NEW YORK ENDORSEMENT(7/01/12) FOR USE WITH ALTA OWNER'S POLICY(6-17-06) N Y S A G M K T S W A I V E R ISTNE4Rl1fOR1C A kulturej 'relo rurarry an tij L�U,�'%�I U ANDREW M. CUOMO RICHARD A. BALL Governor Commissioner D EC 13 2016 December 9, 2016 DEPT OF LAND f'RESEi?w'ATI0N Melissa Spiro —'� Department of Land Preservation Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver—Town of Southold, Suffolk County—Acquisition of an Interest in Land Dear Ms. Spiro: The Department has reviewed documentation submitted by The Town of Southold to waive the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law in connection with the acquisition of an interest in land within Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by Alexander and Alethea Damianos, Co-Managers of Pindar Vineyards, LLC, for approximately 29.629 acres of active farmland (Tax Parcel ID# 1000-59-3-p/o 28.5) located in the Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of an interest land on the referenced parcel by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, ROBE T SOMERS, Ph.D. Manager, Agricultural Protection Unit cc: Ken Schmitt, Chair, Suffolk County AFPB File No.: AP 16/056-W Division of Land and Water Resources I 10B Airline Dr.Albany,N Y, 12235 518-457-8887 www agriculture.ny.gov WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of 4Z�- #acres of active farmland and/or a acres of non- farmland, situated at Suffolk County Tax Map No. 1000-59-3-p/o 28.5 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF SOUTHOLD PINDAR VINEYAR LC OTT A. RUSSELL, Supervisor Alexander Damianos, Co-Manager 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 G�� •w�--� (631) 765-1889 Alethea Damianos, Co-Manager STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK ) On the 20th day of October, 2016, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public Notary PATRICIA state O New York No. 01 FA4950146 Qualified in Suffolk county Commission Expires April 24, t j fQ STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the 20th day of October in the year 2016 before me, the undersigned, personally appeared Alexander Damianos and Alethea Damianos, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. 3&", I . fly Notary Public PATRICIA L. FALLON NotaryPublic, state Of Newyork No. 01 FA4950146 Qualified in Sulolk Co uI Commission Expires April oU/q 2 OFFICE LOCATION: orr MELISSA A. SPIRO �QF sy Town Hall Annex LAND PRESERVATION COORDINATOR �0� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 �l �� MAILING ADDRESS: �I'ou�t`r,� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 2,2016 Robert Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany,NY 12235 Re. PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Part of SCTM 41000-59.-3-28 5 Dear Mr. Somers: Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by Southold Town Supervisor Scott A. Russell and Alexander Damianos and Althea Damianos,Co-Managers of Pindar Vineyards LLC,at a closing for a development rights easement on farmland identified as part of SCTM#1000-59.-3-28 5. Details regarding this easement are as follows: GRANTOR- Pindar Vineyards LLC GRANTEE- Town of Southold SUFFOLK CO RECORDING DATE: November 22,2016 LIBER: D00012889 PAGE: 238 LOCATION: 43295 County Road 48, Southold EASEMENT ACREAGE: 29.629 acres SUFFOLK CO TAX MAP#: fka 1000-059.00-03.00-p/o 028.005 nka 1000-059.00-03.00-028.007 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro --Land Preservation Coordinator /md enc. N 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)402-94051 F:(518)402-90281 landsforests,adec.ny.gov www.dec.tly.gov January 5. 2017 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 633 Grantor: Pindar Vineyards, LLC Deed: D00012889 Page 283 Filed: 11/22/2016 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, ancy Stock Real Estate Specialist 2 UU r� t1t1 (1 Bureau of Real Properly l� 1�l U JAN - 5 2011 DEPT.OF LAND PRESERVATION i a NEwYaRK Department of V"nJllr Environmental M��esrvrmr 1, Conservatlon OFFICE LOCATION: MELISSA A. SPIRO ��pfr S0�/j�o Town Hall Annex LAND PRESERVATION COORDINATOR h0 1 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 G Q Facsimile(631)765-6640 �� ® YO MAILING ADDRESS coUNT`1,� P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 5, 2017 Pindar Vineyards LLC 591A Bicycle Path Port Jefferson Station,NY 11776 Attention: Christina, Office Manager Re: NYSDEC Conservation Easements Registry CE: Suffolk 633 SCTM#1000-59.-3-28.7 Dear Landowner: Please be advised that the Town's purchase of a development rights easement on 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 Grant of Development Rights 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. ery truly yours, t ' Melanie Doros � ' Sr. Administrative Assistant encs. r" OFFICE LOCATION: MELISSA A. SPIRO �QF SUUry Town Hall Annex LAND PRESERVATION COORDINATOR �0� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 �� MAILING ADDRESS: COU NTY,� P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail nancy.stock@dec.ny.gov December 2,2016 NYSDEC Bureau of Real Property 625 Broadway, 5"' Floor Albany,NY 12233-4256 Attention: Nancy Stock. Real Estate Specialist 2 Bureau of Real Property Re: Conservation Easements Registry PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Dear Ms. Stock: Enclosed please find a certified copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTORS: Pindar Vineyards LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 11/22/2016 LIBER: D00012889 PAGE: 238 LOCATION: 43295 County Road 48,Southold EASEMENT ACREAGE: 29.629 acres SUFFOLK CO TAX MAP 4- part of 1000-059.00-03.00-028.005 n/k/a 1000-059.00-03.00-028.007 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: Pindar Vineyards 591A Bicycle Path Port Jefferson Station, NY 1 1776 P R O P E R T Y R E C O R D S PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Part of SCTM #1000-59.-3-28.5 Development Rights Easement— 29.629 acres (includes 0.69 acre PSEG easement not included in purchase price calculations) Total Parcel Acreage— 32.129 acres Reserve Area — 2.50 acres Location: 43295 County Road 48, Southold Closing held on October 20, 2016 Southold Town Hall Annex from left to right: Supervisor Scott A. Russell Althea Damianos Conroy Alex Damianos Cal i r l r g�FF01, OFFICE LOCATION: MELISSA A.SPIRO O�� CSG Town Hall Annex LAND PRESERVATION COORDINATOR �.Z. .f,� 54375 State Route 25 melissa spiro@town southold.ny.us .0 (corner of Main Rd&Youngs Ave) N Z Southold,New York Telephone(631)765-5711 %. Facsimile(631)765-6640 G44 �� MAILING ADDRESS: www.southoldtownny.gov �0,( �� P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: October 21,2016 Re: PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Part of SCTM#1000-59.-3-28.5 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: 43295 County Road 48, Southold SCTM#: part of 1000-59.-3-28.5 PROPERTY OWNER: Pindar Vineyards LLC CONTRACT DATE: August 10,2016 PURCHASE DATE: Closing took place on October 20,2016 PURCHASE PRICE: $1,736,340.00(based on 28.939 buildable acres @$60,000/buildable acres) EASEMENT ACREAGE: 29.629 acres(includes 0.69 acre PSEG Easement not included in purchase price calculation) TOTAL PARCEL ACREAGE: 32.129 acres RESERVED AREA: 2.5 acres in southeasterly corner of the parcel ZONING: Agricultural-Conservation(A-C)Zoning District FUNDING: Community Preservation Fund (2%) MISCELLANEOUS: A Declaration of Covenants and Restrictions was recorded at the closing prohibiting the subdivision of the 2.5 acre Reserve Area from the area of the Property which is subject to the Grant of Development Rights Easement. A E R I A L S __ �.i �� i� 'tit• ! Pindar Vineyard 59--3-28.5 1.,rye./ � +..� '�,�y / t\ _ � - � y.f -• 14, �ti. t fl ti J �r J f - 43295 Middle Rd -x'� .r N- _ C,2016 �.� foo y„ L 111 11 1 - - �S ' ' '` , - - .,,'.Jam' - ti_. ��•'�,�� e =� �• r-vs ti � � r A �• r . _ ,•fps v _ _ fl ow I wr OQUIRY#4688432.4 r:T YEAR-. 2006 =500' (rEDR• iw jo 1, r • iA s ��M�► �a 4'� f 5. t • ` .raj, + t s* a s —JUIRY#:4688432.4 YEAR: 2008 u =500' (rEDR' dL :. 2006QUIRY#:4688432.4 I , + I = 00 `' • Irk 44 sz N • 1r A•. • .rt .y a' •. ~� •. � •� ',�.lk 'i/ • jam.- � Ot .tr y F db Ar� eSt • f Nos t� �r )UIRY#:4688432.4 YEAR:-1985 �EDR` =500' � `'� `"►` w�_ �, !'4', 1p.' }rax�'N• YMd ��y`�� .�� b � r• - ,,yam .. • -�. r. v A i Opt, .w. #jb ,fit. lei pz� QUIRY#:4688432.4 YEAR: 1980 " "k =500' �EDR° jr A-.", .r 44. r , r, 1 u1 r +Y 4 ' Vii- 4j _ _ r r Ilk� t 40 * ♦ et' �aSr^�� 7 �•ul�� o ! a I. t ,I . ♦ ~14V to r � a ,:.-UIRY#:4688432.4 YEAR: 1970 =500' (CEDR 'Al - � .,�; ^ of +1►� A Iji r +* h r �a f 1 .4 i '� �,�• �.� '♦ SFr' + t 1p .� i ws � #QUIRY#:4688432.4 " YEAR: 1962 =500' �EDR" e � s i % rr •,t r� �� y w fA o. r t ' .y ♦ J Y ?� ...UUIRY#:4688432.4 YEAR: 1960 =500' (rEDR' s . r r he r • 7 . 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N o OT T ' L� F oil \ F \CERIFIED T0: TOWN OF SOUTHOLD �v�ONo•.�J��o- c,� 't PINDAR VINEYARDS LLC (LAND OWNER) 5EI•E. Py�PV STEWART TITLE INSURANCE COMPANY \�� FO \ ��Ci�nc�0 �� ' �G°NONOy(P��OONOP�`° ms's 6��E °F NES � � !� Off/ -� \��. G• \ 2 F pN P / c3` v`�• � �� EOP�� o e o X00 IQ P. °N Of C �NP � �\�� Cj , VE t).135* Qp�.� o� �E�-��' 1'0-\�E F Py N o 566 1g6.2��•'�Nl c, 6. 0� ,70 OPR/ / ��.�� C.v v oo, lsro0 KEY TOWN OF SOUTHOLD DEVELOPMENT RIGHTS °Mfh•e100� Qo�� 6. 6 11g6" S)® = PIPE ®® EASEMENT AREA 29.629 ACRES � PgvP1Np - wEtl o s MONUMENT 0.69 ACRES v��' Of �INCLUDES PSEG EASEMENT AREA e01v ��.�� ( h •cj5 0 , �. . .. 4: _ ; X—X- -�( � DEER FENCE Q �2� Qov Cj6� g 65 EDGE of wooDs 0 EDGE OF VINES _ L\ • �'i.. . —- -— RESERVE AREA 2.50ACRES ,,�` �h� oP f,0y PSE 1J t� Of e L fib, VI ANY ALTERATION OR ADDI 77ON TO THIS SURVEY IS A OLATION v 0 0 �.� N. S NO. 49618 OF SEC77ON 72090F THE NEW YORK STATE EDUCATION LAW. ' EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CER77FICA77ONS _ PECONIC SURVEYORS, P.C. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF TOTAL AREA '� 32.129 ACRES (631) 765-5020 FAX (631) 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P.O. BOX 909 WHOSE SIGNATURE APPEARS HEREON. SOUTH TRAVELER D, N. 1171 STREET 16-084 A E R I A L M A P , c p y; Long Island _ County . • Sound �� v � � Development Pindar LLC Oo Rights r • • • " 40;�o County Y Property 'b� �� Development SCTM # 1000 - 59 . - 3 �28 , 5 j`,A , Rights Town �9. Development �, Rights . , � o-� own z= sN 3 Development 5 Rights Town Development -, Town � Town Rights ¢ a Development Open �p� p� De nt Space Rights �Y 3 y Town Development �eJe`° Rights \` c , O M e �O ,- ZOO e �. i jDe ,p s 1 ;rc *�o i, 019 g e e Town v : Great d Development � o� Rights Pond N r m 0 b ` E , County Development Rights Town . . - - . . - . . Count . . - . . . . . . - y Development ; 4 , • Development Rights - - - - Town Rights . . - Development G w Rights N