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HomeMy WebLinkAboutPindar Vineyards LLC OFFICE LOCATION: MELISSA A. SPIRO rjF SOT, Town Hall Annex LAND PRESERVATION COORDINATOR �Q �� 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: yCOU NTI,� P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED To: Elizabeth A. Neville Town Clerk JAN 1 1 2016 From:- Melanie Doroski Southold Town Clerk Sr. Administrative Assistant Date: January 11, 2017 Re: PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-59.-3-28.7 Betty: Enclosed for safekeeping in your office, please find the following documents. • Certified Copy of Grant of Development Rights dated October 20, 2016, between Pindar Vineyards LLC and the Town of Southold, recorded in the Suffolk County Clerk's office on 11/22/2016, in Liber D00012889, at Page 238 • Certified Copy of Declaration of Covenants and Restrictions dated October 20, 2016 by Pindar Vineyards LLC, recorded in the Suffolk County Clerk's office on 11/22/2016, in Liber D00012889, Page 239 • Title insurance policy #0-8911-732097 issued by Stewart Title Insurance Company on October 20, 2016 in the insured amount of$1,736,340.00 (title no. ST16-27782) • Closing Statement • Closing Information Memo dated 10/21/2016 Thank you. Melanie encs. cc:_ _ Assessors w/ copy of recorded easement & final survey i CC# : C16-48871 ;3COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 11/22/2016 under Liber D00012889 and Page 238 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 11/22/2016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE i SEAL LRIECELI V EU NOV 2 9 2016 DEPT.OF LAND PRESERVATION 7 IIIVIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 (IIII VIII IIII IIII 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: 1000 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 $374 . 95 TRANSFER TAX NUMBER: 16-12353 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County / ~ � Number of pages PECORDED JUDITH A. PASCALE This document will be public CLERK OF record. Please remove all SUFFOLr COUNT%' Social Security Numbers P 238 prior to recording. DIN lb-12757' Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps Page/Filing Fee 115 Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 15— SubTotal Notation Spec./Assit. 'AID or EA-52 17 (County) SubTotal Spec./Add. EA-5217(State) TOT. MTG.TAX a00 Dual Town Dual County R.P.T.S.A. Held forAppointment 7-7- Comm.of Ed. 5. 00 TransferTax Affidavit Mansion Tax The property covered by this mortgage is .=CertifiedCopy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Other Sub Total YES, or NO Grand Total If NO, see appropriate tax clause on page# of this instrument. no 16035220 1000 05900 0300 028007 Real Proper L A P0 Consideration Amount$ 1,736,340.0 Tax Service 14 ONOV-1 Agency CPF Tax Due $ 0.06 Verification Satisfactions/lDischargeyReleases List Property Owners Mailing Address 6 R CORD&RETURN TO: Vacant Land 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 7 Title Company information 310 Center Drive, Riverhead, NY 11901 Co.Name Stewart Title Insurance Company 81 Suffolk County Recording & Endorsement Page ' This page forms part of the attached GRANT{)FDEVELOPMENT RIGHTS EASEMENT made by: (SPECIFY TYPE Of|NSrRUn8ENT) ' The premises herein issituated in PINDARVINEYARDS LLC SUFFOLK COUNTY,NEW YORK. TO |nthe TOWN of SOUTHOLD |nthe VILLAGE T[)VVN OFSOOTHOLO or HAMLET of S[JUTHDLD BOXES 6 THRu 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 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 11791--Southold, New York 11971-0959 (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 Conservatioh,,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.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 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 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, indiding 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 a 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 L 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 JA. 4 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 a 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 .e t (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 i, 1 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 . r 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: EX NDER DAMIA OS, CO-MANAGER OF PINDAR VINEYARDS LLC t By: J ALETHEA DAMIANOS, CO-MANAGER OF PINDAR VINEYARDS LLC ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: —j4 Scott A. Russell, Supervisor 19 � 1 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 FAUON Notary Public,State Of NOW York STATE OF NEW YORK) No. 01 FA4950146 ) ss.: Qualified in Suffolk Courtly COUNTY OF SUFFOLK) Commission Expires Apol 24, On the 20th 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%ffice of individual taking acknowledgement PATRICIA L. FALLON STATE OF NEW YORK) Notary Public,State Of New York No. 01 FA495014+6 SS.: Commission Expires Aprlk il �4. COUNTY OF SUFFOLK) 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%ffice of individual taking acknowledgement PATRICIA L. FALL©N Notary Public, State of Now York No. 01 FA4950146 Qualified in Suffolk county �9 Commission Expires April 24, 20 c 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. SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY NY SCALE'I'WOO' V, SEMM.E�r2,2016 SEr7WER M 20f6 oe p < A 'SAO, M \IS olz' 0' TOM OF SOUnIOM DE194F1aff FIWB EkOBMff AFMA- 29MACRSB AM 11CLUMS P820 EAGEWW AREA- 008 ACFEB CR FEEFMAFEA- ISDACM9 fop EVE, TOTAL AREA-32728 ACFES -ou4 t CC# : C16-48872 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 11/22/2016 under Liber D00012889 and Page 239 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 11/22/2016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL , NOV 2 9 2016 DEPT.OF LAND PRESERVATION 1111111111 IN IN 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 $490 . 85 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County . r ' . 1 Number of pages . RECORDED This document will be public CLERK OF record. Please remove all SUFFOLK COUNTY L D00012889 Social Security Numbers P 239 prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps _hAortgage Amt. Page I Filing Fee I Basic Tax 2. Additional Tax TP-584 SubTotal Notation Spec./Assit. EA-52 17 (County) SubTotal or EA-5217(State) TOT. MTG.TAX Dual Town Dual County Held forAppointment Affidavit Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. NYS Surcharge is. 00 Sub Total YES or NO Other CID b If NO, see appropriate tax clause on Grand Total i ;' — V � page# of this instrument. 4 1 Dist.l0000( 3270313 5 Community Preservation Fund Real Property T S Consideration Amount$ 0 Tax Service (R P POL A Agency 1 CPF Tax Due $ 0.00 Verification 14-NODV-1 Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD&RETURN TO: Vacant Land Lisa Clare Kombrink, Esq. Twomey, Latham, Shea, Kelley,-et al. TD P.O. Box 9398 TD Riverhead, NY 11901-9398 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 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OFCOVENANTS AND RESTR|CTIC)N3 de by: (SPECIFY TYPE OfINSTRUMENT) The premises herein is situated in P|NDARVINEYARDS LLC SUFFOLK COUNTY,NEW YORK. TO |nthe TOWN of SOUTH()LD |nthe VILLAGE TOWN OFSOUTHC)LD urHAMLET nf S[}UTMOLD BOXES 6THRU8MUST B[TYPED ORPRINTED|NBLACK INK ONLY PRIOR TDRECORDING OR FILING. � ` p S - F2 POL A Stat ID: 3270313 14-NOV-16 Tax Maps District Secton Block Lot School District 1000 05900 0300 028006 1000 05900 0300 028007 .i�i�`ji'I,=�;��:�Y�...�_.�u.,,�,__�._v_—._.w...�_.�.,�..,.W iIl,°!,I`'il tttt4 luj,' I I i E, c' AI, Ijr DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 201h 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 By: Alethea Damianos, Co-Manager of Pindar Vineyards LLC STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 201h 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. Notary Public PATRICIA L. FALLON Notary Public,State Uf New York STATE OF NEW YORK) No. 01FA4950146 ss.: Qualified In Suffolk Cou ntf Commission Expires April 94,awl COUNTY OF SUFFOLK) On the 201h 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. FALLAN Notary Public, State 01 New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, E \ SURVEY OF PROPERTY \\ AT SOUTHOLD \ TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. %� +' scare r=tnn /�'!.� .ro'f•` fit' M 12,2016 WA'RfR."6,2016(RCL1901S,' ov " td IP w:urnxaa .r"'F`• S� \ ,r^�Qk iRy9j! `iRJ"''J,,.+"• ''d f 4VC�F VI ftAVG51t� 41n , ssenJal mu,nom.n�m+�n�.mTtea` r'ptiy¢7�£���; "u�(6� lk Ait 1 Tom OF 801IFNow De/EICPVzEW fiCJlfe '061 .T EASEMENT AFEA• 29M ACFEB e -WW Ma EAMEW ANSA- 089 ACES Ryd aM Av (CR FEBEFNE ----_o..... R' Af1EA- 2MACFE9 .1C{'y„Y".{je 1 , ,�a, t, RO ROAD ,,,• TOTAL AREA=32129 ACRE v J. 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, 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 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. ALTA Owner's Policy(6-17-06) POLICY OF TITLE INSURANCE ISSUED BY �St insurance V art title company y 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: , �6y,ZAICp�l+QOIg4, 19$7 49 Julie Curlen �s�LF 4. President �Iho,i-iifd Offic o Agent ,�k,„e 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 fumish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at htto•//www StewartNewYork com File No.: ST16-27782 COVERED RISKS(Continued) 9. Title being vested other than as stated in Schedule A or being defective (1) 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 (1) 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 Q) '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. Pae 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 (li) in any other lawful in favor of an Insured, but only so long as the Insured retains an act that in the opinion of the Company may be necessary or estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If purchase money Mortgage given by a purchaser from the Insured,or the Company is prejudiced by the failure of the Insured to only so long as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any (i)an estate or interest in the Land,or(ii)an obligation secured by a litigation, with regard to the matter or matters requiring such purchase money Mortgage given to the Insured cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the title or interest that is adverse to the Title,as insured, and that might Company, all records, in whatever medium maintained, cause loss or damage for which the Company may be liable by virtue including books, ledgers,checks,memoranda,correspondence, of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to Insured Claimant to provide prompt notice,the Company's liability to the loss or damage. Further, if requested by any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company,the Insured Claimant shall grant of the prejudice. its permission, in writing, for any authorized representative of the Company to examine, inspect,and copy all of these records 4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss to the loss or damage. All information designated as or damage,the Company may,at its option, require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Claimant furnish a signed proof of loss, pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgment of the Company, it is necessary in other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant of loss or damage and shall state,to the extent possible,the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information,or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection,unless prohibited by law or governmental regulation, (a) Upon written request by the Insured, and subject to the options shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions,the Company,at its to that claim. own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is limited to only those stated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company following additional options: shall have the right to select counsel of its choice(subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause)to represent or tender payment of the Amount of Insurance under this policy the Insured as to those stated causes of action. It shall not be together with any costs, attorneys'fees, and expenses incurred liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company Company will not pay any fees, costs, or expenses incurred by up to the time of payment or tender of payment and that the the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained to Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured damage to the Insured. The Company may take any or With the Insured Claimant. appropriate action under the terms of this policy,whether or not (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the subsection,it must do so diligently. Insured Claimant that were authorized by the Company up (c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company is obligated as required or permitted by this policy, the Company may to pay;or pursue the litigation to a final determination by a court of (ii) To pay or otherwise settle with the Insured Claimant the competent jurisdiction, and it expressly reserves the right, in its loss or damage provided for under this policy, together sole discretion,to appeal any adverse judgment or order. with any costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company 6. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permits or requires the Company obligated to pay. to prosecute or provide for the defense of any action or Upon the exercise by the Company of either of the options proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss action or proceeding,including the right to use,at its option,the or damage,other than the payments required to be made,shall name of the Insured for this purpose. Whenever requested by terminate, including any liability or obligation to defend, the Company, the Insured, at the Company's expense, shall prosecute,or continue any litigation. give the Company all reasonable aid (i) in securing evidence, 11 Page 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 loss or damage have been definitely rights, remedies, or enforcement of policies of title insurance of fixed in accordance with these Conditions, the payment shall be the jurisdiction where the Land is located, made within 30 days. Therefore, the court or an arbitrator shall apply the law of the v jurisdiction where the Land is located to determine the validity of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to (a) Whenever the Company shall have settled and paid a claim interpret and enforce the terms of this policy. In neither case under this policy,it shall be subrogated and entitled to the rights shall the court or arbitrator apply its conflicts of law principles to of the Insured Claimant in the Title and all other rights and determine the applicable law. remedies in respect to the claim that the Insured Claimant has (c) Choice of Forum: Any litigation or other proceeding brought by against any person or property, to the extent of the amount of the Insured against the Company must be filed only in a state or any loss, costs, attorneys' fees, and expenses paid by the federal court within the United States of America or its territories Company. If requested by the Company, the Insured Claimant having appropriate jurisdiction. shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant 18. NOTICES,WHERE SENT shall permit the Company to sue, compromise, or settle in the Any notice of claim and any other notice or statement in writing required to name of the Insured Claimant and to use the name of the be given to the Company under this policy must be given to the Company at Insured Claimant in any transaction or litigation involving these Claims Department at 300 East 42 St,10 Floor,New York,NY 10017 Pa 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.: 0-5911-732097 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 025.005 1 1 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); i 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; i 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. 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: i 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 (1) 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 Countersigned By: tt�S 4 - ..,.... Julie Curlers 1987 pj President F �tiyt� QZ;Av har i-ed Off-i o Agent Denise arraux 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) 4 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 (4/5/2016) Payable to Elinor Brunswick, MAI $ 500.00 Check #128396 (5/3/2016) Survey Payable to Peconic Surveyors, P.C. $ 4,250.00 Check #130006 (10/4/2016) 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) u 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 - --------- ----------•I ----------- --------- ---------- r-- TOWN OF SOUTHOLD VENDOR .03096 PINDAR VINEYARDS LLC 10/18/2016 CHECK 130158 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT r- CM .8660.2.600.100 16-766 102016 PINDAR-28.939AC DEV RG 1, 736,340. 00 TOTAL 1,736,340.00 _m,_ ��'�. �•� — _ � —__iii_.'^ , __-i `•Yr�' �'"`. },� •__ — f — _ '-(�.';�'-�-__,'._-t rL�t';I , rhe c I _.- TOWN OF SOUTHOLD AUDIT 10/1-8/16 - 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 _ _- - CIECK NO, 130,158 r- " THE SUFFOLK'CO-`NATIONAL BANK CUTCHOGUE,NY 1193 ' - - _ --_ DATE -_ AMOUNT ^ 50-546/214 10/18/2016 $1,736,340.00 .ONE MILLION, SEVEN HUNDRED THIRTY SIX THOUSAND THREE FORTY,AND ,00/100_ - ;DOLLARS �-_�oSUFFOL�-col. ,,. •.���• ___ -. '- . . - ._ - � I - AIY PINDAR'.VINEYARDS LLC O}THE 59''lA_BICYCLE -PATH ,`�, OF "PORT JEFFERSON ST-NY 11776 ' ii' 1301SBii' (1:0 2 L4'0546to: 63 000004 0ii' 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 # 1000-59-3-28.005 INVOICE Real Estate Appraisal $3,000 Thank You - PHE C[W"[E' U MAR - 3 2016 DEPT OF LAPID PPESEFVIATION ---------------- ................. � � i-----' ' � | i-_---� L---_--� i---_—' �--_--� �---_--� �---'_- -------' -_----' ----r-- | � ------� YOW(N0F S0UTHOlD , VENDOR 005409 ELINOR BRUNSWICK, MAI 04/05/2016 coEco 126134 � FUND &: ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT � | . . . . PINDAR-DEV RTS 00 .' TOTAL s,soo.00 i *17p | | / | |'^ / � � � | ' | � IN - ' ' ` . / / ' | ^ | ' ! ' . � . . . . . . . . - � | y ' | . . F%0,Y Ob .- . . | | / ' '- . / ` / �| . � rz | | ' ., . . Ply � - � . . \ . / � ' - -- - - ' - - - - - - L '� ^ � 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 Gil A°R 1 8 2016 n"r•T 61"L 10 .;t.,4 ATIiG'fd --------------�­ ------------------------ ---------------------- ------------e .......... -----------—----- ... ............. ---------------------- I------------------- --------- ... ... 7-z----- ---------------------- ----------.......... --------------- ---------------- ------- TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAT 05/03/2016 CHECK 129396' FUND-& ACCOONT P.O.# INVOICE /DESCRIPTION 1 AMOUNT CM ..8660.2.500. APPRAISAL—PINDAR VNYRD �500100 2 00 29767 040816 TOTAL/ J 500.00 Go J�JF WA r 4 ) IT 14 1�^, 7X All H �ISU 1*10"�,"K"��o",','N•AI,1614,t,BKNk-I A 0,11 1�' _A E" K40 0 I-,I z -.DAT Ra. qj 11 1 2jf,,I ittitt"'It,it -11 1 A'I i s•..It Is 11 It 11 1 wo,4,1. .11;1 .1 Wt. V16� -;df, UNSWT It 1pj A,13R 'ORRER jE H'.'. P,�;r1 W "T I 1 11 11 11v 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 G°�ECEME LU SEP 15 2016 DEPT.OFIAND PR SERVATION Thank you for your business. Phone# Total $4,250.00 631-765-5020 -- -------- r , i TOWN OF SOUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C. 1 lb/04/2016 CHECK 130006 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION ( AMOUNT CM .8660.2.600.100 29770 'I2827 i SURVEY—PINDAR—DEV RTS 4,250.00 - TOTAL 4,250.00 I \ Ate t ' 'fir - � °4ti � .•{ )- - h l ` I __� --- - -_-�°,.'„',,{ , • ` - f r 't,, (,!•°'r , i•'„• •ie C„• h�C-_E•3' _-_�S�c/s�,a- b,\<a'�} I v -=.e. ;•�Q ti = t»?:1.'3�j,1�:4 .� I:r'-:a;. a_.a`•i.s: t s. •i:. •f'r t,s•a, .s. 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'wr; .-1,.'a'o 'i :.,..;,,.'t; ..0#!tim:?an �..n+.':ir f.IPe.;. ,s'.'.a£siL,1f9 ,SSA :g..,t'•.rr,: plot y3 a�'�''ti.� ia*t;.•"'q.�•:;:; "'.�«wJor . ,.a.,s" =s: 7.5:. %:.4�- -,"?-�•a:",:'4.:r k,. .,.r3iva� ��":'c.SaI,y�.�? <P;.s,,;,, x,.i�}?k". �Se^?:'!;. ..,�..n.....:»c"::- ".i:fi:^;:>'::-.o:`•.T:. :ark.s. *5», PREMIUM: Fee Insurance(Liability Amount:$1,736,340.00) $7,205.00 $7,205.00 ENDORSEMENTS: SEARCHFEES: Municipal Search($)* ** 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'l 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/AORTGAGE) NYS Transfer Tax(usually paid by seller) - NOTE: ** PENALTIES&INTEREST WILL ACCRUE IF NOT RECEIVED BY NYS DT&F WITHIN 15 DAYS OF DATE OF DELIVERY.($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.(Ifrequired)($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(t RECEIPTS r o S � nTRFf rr rTw 'KC- AMOTTNT• CICO r-TFCYQ• AMOT TNT• f TOWN OF SO Uy-HOLD 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 16-766 —ST16:277-$2, PINDAR(2) PAT SRCH-28.939 40.00 TOTAL 8,085. 00 +t i Ca,t .. -�ii��t,��lh- c 'y',i- �l::'� fi',•!'i --, 4 „ ,: I! t z yltf�',;�1'krv�t ✓`�T,''_.. �.i ISI,-''}`"il-, - -Y'+,r'a -�'-f, t j'Ir •' 1 i4Y}' 1 \ 1 _ o 'o s 'e e o o � o ■ TOWN OF SOUTHOLD`-- 53095 MAIN ROAD,PO BOX 1179 AUDIT- 10/18/16 SOUTHOLD,NY 11971-0959 ,CHECK NOy 13401 9,2 '"r" ¢; +•` ;"1a'_ _' =a_ _ — = THE,SUFFO(K,'CO.,NATIO f1LrBANK -_- - _. _ — ,;,.••„ r _ CUTgHOGU�,,NY;1 7935 ,' t HATE_ _ `_ " AMOUNT ' _ - %.,' a'v. I'� 50-546/214 16/18/2016 - �`J8, 085.00 EIGHT THOUSAND EIGHTY FIVE AND 00/100 DOLLARS' f�y 'rpt •";u - ,�k .�.tA t, d 4 PAY , ,STEWART, TITLE INSURANCE TO;TIIE.;I 15'O" BR'OADHOLL-OW,:SUITE'217 ORDER _ Of MELVILLE, NY 117- 74 �d n® L 3 0 L 9 2��'" "1:OA 2.'L 4°'0'�"4 6 4�: 6 3= 00 0 0 0 4 0"ii■ ; „ .- 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 ;.4' - -44 01 E, t # B p p Dp B p D p D - "- - -_- '• TOWN OF SO UTHOLD-:_- A�'>'T l o/i a"/15-.".- - 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY11971-o95s _ _ C_ H_ ECK NO. 130098 X50-546/21'4 1 " ,, - 10"/18/207:6 $150.-00 ONE' HUNDRED FIFTY AND 00/100 DOLLARS .4Y PATRICIA FALLON To"TI E 4`0• WHI,TE OAK RDER L ISOUTHP;MPTON NY 11968 . 1 OF 0°0"0 0 4 05 L-3 0-0-9 8 ii■ �:0"[2 14,,0 5'4 6 4�:`= 6 3 0 0'ii■ -- g%SFFOFFICE LOCATION: MELISSA A.SPIRO ��O�O CpGy� Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny usC ,t (comer of Main Rd&Youngs Ave) N Z Southold,New York Telephone(631)765-5711 .a• �► Facsimile(631)765-6640 Gy • MAILING ADDRESS: www.southoldtownny.gov �Oj � 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.