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Mill Lane One LLC
1000-107-10-9.2 (f/k/a part of 1000-107-10-9) Baseline Documentation Premises: 6300 Wickham Avenue Mattituck, New York 24.646, acres Development Rights Easement MILL LANE ONE, LLC to TOWN OF SOUTHOLD Easement dated December 5, 2017 Recorded December 28, 2017 Suffolk County Clerk — Liber D106012944, Page 026 SCTM #: 1000-107.40-9.2 (f/k/a part of 1000-107.-10-9) Premises: 6300 Wickham Avenue Hamlet: Mattituck Purchase Price: $ 196019990.00 (24.646 acres @ $65,000/buildable acre) Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 27.646 acres Development Rights: 24.646 easement acres Reserve Area: 3.0 acres Zoned: A-C (Agricultural-Conservation) Existing Improvements: In October 2017 — cultivated field; access doors to well and irrigation well head & valve in southwesterly corner; wooded area in southeast corner. A P P R A I S A L M O T I O N APPROVED LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, March 15, 2016 at 7:00 p.m. Town Hall Annex Executive Board Room Members Present: John Sepenoski, Chairman Lillian Ball Anne Murray Peggy Dickerson Members Absent: Sam McCullough Eric Keil Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Bob Ghosio, Town Board Liaison Commencement: • The meeting began at 7 00 p.m. with four LPC members present. EXCERPT FROM ADOPTED 3/15/2016 LPC MEETING MINUTES • SCTM#1000-107.-10-8 & 9 (PATRICIA M. KRUPSKI and MILL LANE ONE, LLC) Review new application Confirm appraisal authorization MOTION made by Anne Murray, seconded by Peggy Dickerson, to formally direct Land Preservation Coordinator Melissa Spiro to commission appraisals on the two Krupski properties (SCTM #1000- 107.-10-8 & 9) that due to a timeframe factor, were initiated as directed in e-mail correspondences between Melissa and LPC members prior to this meeting, in which a quorum of LPC members responses authorized and approved ordering an appraisal for each of the two subject properties. Motion carried: 4/0 Land Preservation Coordinator Melissa Spiro discussed Town Engineers' recommendation to have the Town purchase fee title to an area in the northeast corner of Patricia Krupski's parcel (SCTM #1000-69.-1-8) for drainage project purposes, if the Town moves forward with any preservation project. Melissa suggested that LPC members do a site inspection for the purpose of determining whether or not scenic restrictions would apply to these parcels. Lt APPRAISAL REPORT OF REAL PROPERTY LOCATED AT 6300 WICKHAM AVENUE �- MATTITUCK,TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK -r" DISTRICT 1000, SECTION 107, BLOCK 10, LOT 9 T OWNED BY MILL LANE ONE, LLC PROPERTY TYPE: PRIMARILY VACANT RESIDENTIAL ACREAGE IN USE FOR AGRICULTURAL PURPOSES. IT CONTAINS A DWELLING, BARNS& MISC, IMPROVEMENTS PREPARED FOR MELISSA SPIRO, LAND PRESERVATION COORDINATOR TOWN OF SOUTHOLD �- DEPARTMENT OF LAND PRESERVATION TOWN HALL ANNEX 54375 STATE ROUTE 25 PO BOX 1179 SOUTHOLD, NEW YORK 11971-0959 VALUATION DATE:APRIL 19, 2016 DATE OF REPORT: APRIL 23, 2016 FILE#16039 PREPARED BY LAWRENCE INDIMINE CONSULTING CORP REAL ESTATE APPRAISALS AND CONSULTING P.O. BOX 1453 SMITHTOWN, NY 11787 PHONE (631) 979-2735 E N V I R O N M E N T A L S U M M A R Y PHASE I ENYMONMENTAL SITE ASSESSMENT for the property located at: 6300 Wickham Avenue Mattituck, NY 119 52 SCTM #1000- 107.- 10-9 prepared for: Town of Southold Department of Land Preservation Town Hall Annex 54375 State Route 25 Mattituck, NY 11971 -0959 prepared by: Cashin Tec ica �e�rvices, Inc. Engineering •Plni� C n n Management 1200 Veterans Memorial High ay, upp ge, w York 11788 - (631) 348-7600 AUGUST 23, 2017 PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 6300 WICKHAM AVENUE MATTITUCK,NY 11952 SCTM#1000-107.-10-9 EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) for the Town of Southold conducted by Cashin Technical Services, Inc. (CTS) for the subject property located at 6300 Wickham Avenue, Mattituck, NY. The subject property is approximately 28- acres and currently comprised of fallow farmland and a small wooded portion along the southeast corner of the subject property.No structures are present on the subject parcel, with the exception of a well, well head, and associated piping in the southern portion of the subject property near the County Road 48. According to CTS' historical research and the owner's statement, it appears that the subject property has historically been used for agricultural purposes. The subject property does not include a 0.18 acre excluded area in the northwest corner that will not be part of the developed rights easement, as identified by the Town. An additional three acres could be included to the exclusion area. The field inspection was conducted on August 14, 2017 by an Environmental Professional from CTS. CTS accessed the parcel from County Road 48, and Mill Lane that are the boundaries on the southern and western sides of the subject property. Site access was arranged through the property owner, Mr. Eugene Krupski. Based on the review of the available historical data for the past 55 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. According to the Cashin Technical Services, Inc. owner, the subject property has been in his family's ownership since approximately 1960s, has always been used for agricultural purposes, and does not have any structures or buildings (excluding a well and associated piping). The site does not appear on any of the reviewed environmental databases. Locations within the surrounding area that appeared in the reviewed databases are not concern regarding potential contaminant migration and impacts to subject property conditions. The subject property is located within the Southold Special Groundwater Protection Area(SGPA). No Recognized Environmental Conditions (RECs) were identified by this assessment for the subject property. The following Business Environmental Risk issue was found to be associated with the subject site: Recognized Environmental Conditions (RECs) None Identified. Historic Recognized Environmental Conditions None identified. Controlled Recognized Environmental Conditions (RECs) None identified. -Cashin Technical Services, Inc. De Minimis Conditions None identified. Business Environmental Risk Issues Current and Historic Agricultural Use: Due to the historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use in the North Fork. As this is a regional issue, there are no site-specific recommendations for the subject property. Cash in Technical Services, Inc. ' sou ne• ' ��pa // Op . o• /f p •as o` 7 . 60'0 o • ♦ •� �' •:• p °• •• •40 p Oo 0 .' �Qert�► S _ I� T H 0 L D 'nDAL S ite 24 C P .•Os • ov Pil. i+ • New York State Department of Transportation Mattituck Hills Quadrangle, New York-Suffolk Co. 7.5 Minute Series, 1991, Digital Edition Scale 1:24000 TOPOGRAPHIC LOCATION MAP 6300 Wickham Avenue Ma ttituck, l i/ew York Part of 17CTS.011 SO /YI #/000— 107 10-9 n ��th RESIDENTIAL RESIDENTIAL a RESIDENTIAL RESIDENTIAL RESIDENTIAL NOT TO SCALE WICKHAM AVENUE ------------- 2-STORY I 1 n 2-STORY BARNS I 4 RESIDENTIAL RESIDENTIALEXCLUDED AREA u ❑ --T -MINIMUM SIZE 1-STORY (80,000 sq.ft) I O GARAGE EXCLUDED AREA MAXIMUM SIZE (3 acres) J GREENHOUSES I I FARM LAND 1 W J � 4 FARM LAND I I FARM LAND I I I , I i i ' APPROXIMATE ; LOCATION OF WELL J L� ROAD '8 CODNTM SITE SKETCH RAILROAD 6300 Wickham Avenue D�0 ISLAND Mattituck, New York Chin tes. P.C. Part of ■NOINYItlNo•PLANNIN N NIA�i1MtNT SO M #1000-107-10-9 17CT5 011 Photograph#1 - Northern portion of subject property located at 6300 Wickham Avenue looking south. Photograph#2-Southern portion of subject property located at 6300 Wickham Avenue looking north. Photograph#3—Long Island Railroad tracks crossing gates to the south of the subject property(across County Road 48). ♦ i r Photograph#4- Residential building, adjacent to the north of the subject property(in exclusion area). Photograph#5—Detached garage/shed adjacent to the north of the subject property(in exclusion i jam area). Photograph#6—Farm building adjacent to the north of the subject property (in exclusion area). Photograph#7—Agricultural field on ' subject property. i P iL Photograph#8—Well valve located on the southern portion of subject property. Photograph#9—Well head located on the southern portion of subject property. i IA • t- fir.��� �fF s �T I Photograph#10 Access doors to well located on the southern portion of subject property. f• i Photograph#11-Wooded area in the southeast corner of the subject I;. property. _ r r r 4 i SII R� Photograph#12-Wooded area in the southeast corner of the subject property looking south. Envrronmental Resource Mapper Page I of 1 Environmental Resource Mapper Base Map:ITopograph al - d Search 8 Tools Layers and Legend ` Other Wetland Layers Site 0 National Wetands Inventory Estuarine and Marine Deepwater Locatio Estuarine and Marine Wetland M n. . Freshwater Emergent Wetland D i Freshwater Forested/Shrub Wetland ,r DD . Freshwater Pond i Lake other a Riverine Reference Layers , Tell Me More Need A Permit? 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Map : 0.25 Mile Radius Order No: 20170814021 E R S %400 NViRONNLNL Address: 6300 Wickham Avenue, Mattituck, NY Cq1*K INFORMAT'ON OCRVICr Project Property Rails State Boundary ® FWS Special Designation Areas - -1 Buffer Outline Major Highways ® National Priority List Sites State Brownfield Sites A Eris Sites with Higher Elevation Major Highways Ramps = National Wetland 0 State Brownfield Areas El Eris Sites with Same Elevation Major Roads Indian Reserve Land N_\N State Superfund Areas Dept of Defense V Eris Sites with Lower Elevation Major Roads Ramps ® Historic Fill ® State Superfund Areas NPL 0 Eris Sites with Unknown Elevation Secondary Roads ® 100 Year Flood Zone WQARF Areas County Boundary Secondary Roads Ramps ® 500 Year Flood Zone Federal Lands Dept of Defense (owned/administered areas) Local Roads and Ramps Source: 02016 ESRI © ERIS Information Inc. 72.32'W 72°31'30"W 72 31'W z - --- a i - �`` r� Sherwood I � House Vineyaros, p. 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MAP SCALE V w 600' y so 0 l00 1000 FEET METE i O1 PANEL 01"" ,��►� FIRM \ FLOOD INSURANCE RATE MAP 1Df SUFFOLK COUNTY.NEW YORK j (ALL JURISDICTIONS) <y m CONTAINS y D COMMUNITY NUMBER N: SOUTHOLD,TOWN OF 360813 F, 0 li PANEL I"OF 1026 <1 ® MAP SUFFIX:H .9 SEE II P INME FOR FIR.._E1 L 10Tl Z� ® NpbF b UFar il.Mp IIer,IM,Fbwn,wn.,• n M r. oM&v11an DIFrnD maP aMrF M comm,.nny NuTMI b Flbnn Faav dbdd M uwG on�m,•Fr¢e.nol.ir r iv io'tM tualaq camnaYwy YNaTy� MAP NUMBER e 36103CO144H ® MAP REVISED ZONE AE a SEPTEMBER 25,2009 (EL 8) ZONE X �LFdr..I Vnfrrl;rnc�Mana¢ctneMf:►Rrncy Thla i.an otflnal coq R;POM-.1 the above refer Ed food map a waa extracted uainp F-MIT 00-1.1- Thla map dee¬,&Ilett chenpea y- or amendmante wtwh may have been mad..ubeeq..t to the data on the till.W-k. F.,the latest pod-t)Merman-MW Notional Flood Inau Z. Propam good map.check the FEMA Flood Map store at vAw..mac femagov -ENVIRONMENTAL QUESTIONNAIRE (to be corqpleted by property/build'ing owner or representative) SUBJECT PROPERTY ADDRESS: PROJECT/SITE NUMBER: Mattituck Farmland 17CTS.011 6300 Wickham Avenue Mattituck, NY 11952 SCTM# 100-107-10-9 BUILDING • • YES NO UNKNOWN Is there asbestos currently in any of the construction materials of the improvements(e.g. thermal insulation,acoustic ceilings,flooring)? ❑ ❑ For improvements constructed before 1978,Is there lead-based paint on Interior or exterior surfaces? ❑ J0 ❑ Are the improvements constructed over a landfill or other hazardous or municipal waste site? ❑ 10 ❑ FUEUCHEMICAL STORAGE: YES NO UNKNOWN Are there or have there ever been any above or underground gasoline,diesel,fuel oil or other ❑ El storage tanks or drums on the subject property? Have the tanks,if any,been registered and inspected/tested for leakage? ❑ If inspected or tested,please attach a copy of the results. Have tanks been removed or has soil samples been analyzed from the subject property?If so, El 14 Elplease attach relevant reports. ENVIRONMENTAL YES NO UNKNOWN Has the property ever been the subject of an environmental assessment or audit?If so,please El F-1attach copies. Has there ever been any correspondence with federal,state,or local authorities,or any environmental litigation or enforcement action taken concerning the subject property? ❑ ❑ Has an asbestos or lead-based paint survey ever been conducted to assess the existence, type,location,or condition of asbestos or lead based paint? ❑ ❑ Are you aware of any past,present or contemplated future use of the subject property which resulted or may result in the generation or storage of hazardous substances or wastes? ❑ ❑ Is there any reason why this property is not currently in compliance with federal,state or local El El laws and regulations? OTHER- - •N DITIO The subject property contains or is affected by the following: YES NO UNKNOWN Polychlorinated Biphenyls(PCBs)used in electrical transformers,etc.? ❑ InElFormaldehyde gas,especially urea-formaldehyde foam insulation? El !J ❑ Soil setting,slipping,sliding,or other building foundation problems? ❑ 4 ❑ Flooding,grading or drainage problems? ❑ 9k ❑ Traces of concrete,asphalt or other evidence indicating prior commercial use? ❑ i1Z} ElRavines,earthen embankments or other evidence indicating former dumping? El 2t ❑ Discolored soil,stressed vegetation or other evidence of spills? ❑ ❑ Oil sheen in wet areas? ❑ rrr���III ❑ Contamination of domestic water well or other water supply? ❑ ❑ Proximity of property to former or current commercial or industrial facilities? ❑ ❑ Elevated levels of radon gas in the structures or in the neighborhood? ❑ ❑ Pipelines carrying oil,gas or chemicals underneath or adjacent to the property? ❑ ❑ Has water intrusion resulted in mold growth on building improvements? ❑ ❑ Any other potential condition of an environmental nature?Please describe: If"YES"to any of the above items Is checked,please attach copies of relevant documents,reports,etc.I ossible. NAME: vt�{t r✓ l��{y p S\1 SIGNATURE: ATE: 6 I Please send ompleted,dated,signed questionnaire to Justine fane i(Cashin echnical Services, I c.) Email: jstefaneili@ca-oc.com Fax: 631-348-7601 P U B L I C H E A R I N G Southold Town Board- Letter Board Meeting of July 5, 2017 RESOLUTION 2017-604 Item# 5.25 9 of�3 ADOPTED DOC ID: 13189 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-604 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5,2017: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 18, 2017, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Mill Lane One, LLC Said property is identified as SCTM#1000-107.-10-9. The address is 6300 Wickham Avenue in Mattituck. The property is located in the Agricultural- Conservation (A-C) Zoning District and is situated at the northeast side corner of County Road 48 and Mill Lane, extending to the southeast corner of Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on approximately 25± to 26f acres of the 28f acre parcel with easement acreage determination being subject to survey. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre, being an estimated $1,690,000 (one million six hundred ninety thousand dollars) for a 26± acre easement, plus acquisition costs. Purchase price will be adjusted at time of closing based on final survey acreage determination. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value and its value as an aquifer recharge area. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk Generated July 6, 2017 Page 2 Southold Town Burd - Letter Board Meeting of July 5, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated July 6, 2017 Page 3 LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 18, 2017, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinlz for the purchase of a development rights easement on property owned by Mill Lane One, LLC Said property is identified as SCTM#1000-107.4 0-9. The address is 6300 Wickham Avenue in Mattituck. The property is located in the Agricultural- Conservation (A-C) Zoning District and is situated at the northeast side corner of County Road 48 and Mill Lane, extending to the southeast corner of Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on approximately 25± to 26f acres of the 28± acre parcel with easement acreage determination being subject to survey. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre, being an estimated $1,690,000 (one million six hundred ninety thousand dollars) for a 26:L acre easement, plus acquisition costs. Purchase price will be adjusted at time of closing based on final survey acreage determination. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value and its value as an aquifer recharge area. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: July 5, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on July 13,2017 and forward one affidavit of publication to Elizabeth A.Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website SOUTHOLD TOWN BOARD PUBLIC HEARING July 18, 2017 4:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 4:41 PM COUNCILMAN GHOSIO: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 18, 2017, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Mill Lane One, LLC Said property is identified as SCTM #1000-107.40-9. The address is 6300 Wickham Avenue in Mattituck. The property is located in the Agricultural- Conservation (A-C) Zoning District and is situated at the northeast side corner of County Road 48 and Mill Lane, extending to the southeast corner of Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on approximately 25± to 26± acres of the 28± acre parcel with easement acreage determination being subject to survey. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) ,per buildable acre, being an estimated $1,690,000 (one million six hundred ninety thousand dollars) for a 26± acre easement, plus acquisition costs. Purchase price will be adjusted at time of closing based on final survey acreage determination. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value and its value as an aquifer recharge area. DRE Mill Lane One LLC Public Hearing July 18, 2017 page 2 FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have here a notice that this has been published in the Suffolk Times and also an affidavit that this has been posted by the Town Clerk and that's all I have. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular public hearing? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noted, this hearing is for the Town to acquire development rights for agricultural purposes using the Community Preservation Fund. The final purchase price will be adjusted based on a per acre price of $65,000 per acre. We don't have a survey yet for the property, so at this point we don't know the exact area of the total property. Once we get the survey, the final easement area will be determined after we exclude two or three acres from the offered development rights. And the easement will be approximately 25 or 26 acres. The farm is shown on the map up front in red, the Land Preservation Committee makes recommendations to the Town Board regarding agricultural properties for preservation. Once the landowner decided to offer the easement area as shown and as designed up front, the Committee had no hesitation in recommending preservation of this particular farm. The farm includes over 85% prime soils, it's located within a block of preserved farms. The white labels on the map indicate all the farms that are preserved by either the town or the county's program. As you can see, there are many surrounding the property and within a mile radius, there are over 30 protected farms and over 680 acres of preserved farmland. Preservation is fully supported by the Land Preservation Committee and it is recommended that the Town proceed with this important acquisition. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular acquisition? COUNCILMAN RULAND: Yes. Maybe it is somewhat self-serving but as Melissa explained on the map, I am for disclosure purposes, the adjacent farm owner on the other side of the railroad and Route 48. The Krupski family have been neighbors there for a long time, maybe 100 years. Their commitment to enter into the program and preserve that key agricultural parcel, I think as Melissa says is extremely important in that particular piece being the last, one of the last pieces in that block of land that as you see, all the parcels in white that are displayed there, finishes out a whole lot of preservation to Mill Lane. And it is really heartwarming to see that that will stay in agricultural production in perpetuity. And I think that here we are in the year 2017 and no one knows what the future holds, but for someone to make that commitment certainly should be recognized and I am thankful to the Krupski family that they have chosen to do that. And I would urge you to support it. DRE Mill Lane One LLC Public Hearing July 18, 2017 page 3 This hearing was closed at 4:47 PM Elizabeth A. Neville Southold Town Clerk S E Q R A P U R C H A S .t E R E S L U T I O N RESOLUTION 2017-633 s ADOPTED DOC ID: 13223 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-633 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 18, 2017: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Mill Lane One, LLC on the 18th day of July, 2017, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-107.40-9. The address is 6300 Wickham Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated at the northeast side corner of County Road 48 and Mill Lane, extending to the southeast corner of Mill Lane and Wickham Avenue in Mattituck, New York; and WHEREAS, the proposed acquisition is for a development rights easement on approximately 25± to 26± acres of the 28± acre parcel with easement acreage determination being subject to survey. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre, being an estimated $1,690,000 (one million six hundred ninety thousand dollars) for a 26± acre easement, plus acquisition costs. Purchase price will be adjusted at time of closing based on final survey acreage determination; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value and its value as an aquifer recharge area; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Resolution 2017-633 Board Meeting of July 18, 2017 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Mill Lane One, LLC, identified as part of SCTM #1000-107.40-9. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. 2� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 7/18/2017 2:03 PM by Lynda Rudder Page 2 OFFICE LOCATION: O�*QF S®UTy0l0 MAILING ADDRESS: Town Hall Annex P O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) ell- cn Southold, NY 11971 ® �O� Telephone: 631 765-1938 P-UNT(, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, LWRP Coordinator Date: July 19, 2017 Re: Proposed Purchase of a Development Rights Easement on Property Owned by Mill Lane One, LLC. SCTM #1000-107.-10-9. Location: 6300 Wickham Avenue in Mattituck This action is for the proposed acquisition of a development rights easement on approximately 25±to 26±acres of the 28± acre parcel in the Agriculture Conservation (AC) zoning district. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy,Town Attorney —rr-�,�-- ---- - Melissa Spiro, Land Preservation Coordinator IFL "Lug,to - JUL 19 2017 DEPT OF LAND -11 —EVI ylf1 MAILING ADDRESS: PLANNING BOARD MEM 3ERS ®� oP.O. Box 1179 DONALD J.WILCENSKI 10�� UTy(J`O Southold,NY 11971 Chair �, OFFICE LOCATION: WILLIAM J.CREMERS 'C13 Town Hall Annex PIERCE RAFFERTY G ® Q 54375 State Route 25 JAMES H.RICH III 'a2l (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR 14 COWN,N,� Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM _ ^G ig"O I 'IJ J_',11j) To: Town of Southold Town Board JUL 1 9 2017 � LA OF E DPT.PT.OF DPlD From: Mark Terry,Assistant Director of Planning DEA: Date: July 17, 2017 Re: Proposed Purchase of a Development Rights Easement on Property Owned by Mill Lane One, LLC. f SCTM #1000-107.-10-9. Location: 6300 Wickham Avenue in Mattituck This action is for the proposed acquisition of a development rights easement on approximately 25±to 26±acres of the 28± acre parcel in the Agriculture Conservation (AC) zoning district. The parcel is located within the Special Groundwater Protection Area #3, a NYSDEC Critical Environmental Area. The extinguishment of development rights on the parcel will not result in a moderate to large impact on the Critical Environmental Area. The action have been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA). A Short Environmental Assessment Form is attached. Please contact me with any questions. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Southold Town Board Name of Action or Project: Mill Lane One,LLC:Town purchase of a,development rights easement Project Location(describe,and attach a location map): SCTM#1000-107.-10-9. T6300 Wickham Avenue,Mattituck. Brief Description of Proposed Action: The proposed acquisition is for a Town purchase of a development rights easement on approximately 25±to 26±acres of the 28±acre parcel with easement acreage determination being subject to survey. Name of Applicant or Sponsor: Telephone: 631765-1889 Southold Town Board E-Mail: Address: Southold Town Hall City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ F] may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Z ❑ 3.a.Total acreage of the site of the proposed action? 28± acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 28±acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban m Rural(non-agriculture) ❑Industrial [:]Commercial 0Residential(suburban) ❑Forest OAgriculture []Aquatic El Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ 0 b.Consistent with the adopted comprehensive plan9 ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ W] 7. Is the site of the pro osed coon to ate in,or does it adjoin�a state I' ted Critical n ronmental rea NO YES If Ye identi U �1 ��lQ = �C\`tAIt 1 19 � ��1 `A^ — 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES V b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Not applicable ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 0✓ ❑ Not applicable 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: _ _ _ ® ❑ Not applicable 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? I iT F1b.Is the proposed action located in an archeological sensitive area? L❑� ✓ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ✓ E b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest m Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? a ❑ 16.Is the project site located in the 100 year flood plain? NO YES 7WT IT 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, Z ❑ a.Will storm water discharges flow to adjacent properties? ❑NO DYES b.Will storm water discharges be directed to established conveyance systems runoff and storm drains)? If Yes,briefly describe: NO DYES i Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain put pose and size- 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: a ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spons name• Melissa ro,Southold Land Preservation Coordinator Date: 7/5/2017 Signature: ��f� r PRINT FORM Page 3 of 3 c L O S I N G S T A T E M E N T CLOSING STATEMENT MILL LANE ONE, LLC to TOWN OF SOUTHOLD part of SCTM #1000-107.-10-9 Total Development Rights Easement— 24.646 acres Total Parcel Acreage— 27.646 acres Reserve Area — 3.0 acres Premises: 6300 Wickham Avenue, Mattituck, New York Closing took place on Tuesday, December 5, 2017 at 2:00 p.m., Southold Town Hall Annex Purchase Price of $1,601,990.00 (based upon 24.646 acres buildable acres @ $65,000 per buildable acre) disbursed as follows: Payable to Eugene & Maryann Krupski $ 1,601,990.00 Check#134312 (12/5/2017) Expenses of Closing: Appraisal Payable to Lawrence Indimine Consulting Corp $ 2,500.00 Check#128581 (5/17/2016) Survey Payable to Nathan T. Corwin III Land Surveyor Inc $ 3,500.00 Check #134323 (12/5/2017) Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 1,200.00 Check#133436 (9/12/2017) Title Report #ST17-30552 Payable to Stewart Title Insurance Company $ 7,216.00 Check #134350 (12/5/2017) Title insurance policy $ 6711 Recording easement $ 430 Certified copy of easement $ 75 Title Closer Attendance Fee Payable to Patricia Fallon $ 150.00 Check#134293 (12/5/2017) Those present at Closing: Lisa Clare Kombrink, Esq. Attorney for Town of Southold Eugene Krupski, Managing Member Seller— Mill Lane One, LLC Maryann Krupski Seller— Mill Lane One, LLC Patricia C. Moore, Esq. Attorney for Sellers Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Sr Administrative Assistant TOWN OF SOUTHOLD VENDOR' .03244 EUGENE ;& MARYANN KRUPSKI 12/05/2017 CHECK 134312 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 120517 KRUPSKI-24,.646A DEV RG 1,601,990.00 TOTAL 1,601,990.00 IV .1^F f J t'•;r ,yT:"6,'r Rim rrs'e.C,ii LZ � C`• .. is M r;�N•r,;,�^��Gt� n_,'et.it,�...L..' 3 F' t t i-rtc:'�iv i' 1"•C "4�=`�' •• y} W+`..::_rt� it-'.:i'}rLS��.L:r_� k«t:�'k�:y':-t,•e,"r 1:i�-it"i}iFni z:{� Y-.`.0-:.Fe .._ •- ' �J rvM.-5,.9•uu .G'Sv tis;Y' {L'?.i_.��r'���'»� Y },i s ^_t �`- '1��,~_u ti�_.1a.•�i3.':'"�'F-�T`=r`�-"+„� '''`',�y':-i; t�4 , �vt H i A.rhr e-r+.�... ;�v✓.�4i.}�-1•��•u�1F ii•Yy�. .1�� " {`.t` S.�1t� •�'�� a,t.�,,:"�:? '•,T1i'�+-'i'-i'-'•''t?''1''`,[✓:t2:G� .f'+.r_ 'if '•�t z. .t 4.'C`-5 S✓. r _-•-"rt 4 ' F? R i us• �.[M�1 �{;.N"�3�' r--, � 'h�1s7 �T.' �cc'K tt�yztr-' �}='y;`'!`3:_'• '+."�.F� �S.% " � ,x�: <�k��'•i..'t f���N1$'� 'I'.s•«.ya'F"a-�H �•�'7�•�.k �'� j -( I i TOWN OFSOUTHOLD -AUDIT 12/05/17 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,-NY 11971-0959 - CHECK NO. 13431.2 THE SUFFOLK CO-'NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT 50-546%214 12/05/2017 ;$1,-601,990.00 - ONE MILLION SIX HUNDRED ONE THOUSAND NINE 'HUNDRED NINETY AND 00/100 DOLLARS PAY EUGENE & MARYANN KRUPSKI o :� TO THE ' 2230 SOUNDVIEW AVENUE OORDER MATTITUCK NY 11952- {Y,�O ap! us 13431 tow 1:0 2 L4054641: 63 000004 011' Lawrence Indimine Consulting Corp. Invoice PO Box 1453 Date Invoice# Smithtown, NY 11787 4/24/2016 768 (631) 979-2735 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold,NY 11971-0959 Description Amount Appraisal of Real Property of Mill Lane One,LLC 2,500.00 Located 6300 Wickham AVenue,Mattituck,NY SCTM#1000-107-10-9 #16039 ll IN MAY - 52016 DEPL Gf L��1D Thank you for your business. Total $2,500.00 ----------------- --- - ----------------- ---------- TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 05/17/20I6 CHECK 128581 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 29045 76'7 APPRAISAL-P.KRUPSKI 2,000.00 CM .8660.2.500.200 29044 768 APPRAISAL-E.KRUPSKI TOTAL 4,500.00 J eN P-j 44.1 ............ N Lo +1 r X15- 4--0 _'N i`L q✓y. T. TOMMA, _%1; 1!- 1.0 MAIN OA :P 011, z THEkNO TOLK,l 11,'4'11,Ila III MOUNT-, ,Tmopm., 1.9 5- 4 1.4 1',, (1'- • A If -A 100i.1- If o on-o oy, k 1-2.50-546qj,4,S�Ij�_ 6,10% -6 jl� rQ � N --op-ijilonI'y 0, ;/"J, 11v I INt I 1 1 41. Rot Xv _b�k* UN 6 U 1A QX) -'t 1,S.. i Et I , Y ORDEX,", IV, A"';: 4A .,op. qv - `77 -A.I N., q ✓ �:Ne 001"M (;O'S 1�U, v NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice P.O. BOX 16 Jamesport,New York 11947 Date Invoke# ffice Location: 1586 Main Road, Jamesport NY 11i21i2ot7 9229 Phone#631-727-2090 Fax# 631-727-1727 Bill To Town of Southold Land Preservation Dept. P.O.Box 1179 Southold,New York 11971 Att:Melissa Spiro Job# Client: Terms S C.Tax Lot No. 37-188 Krupski 30 DAYS 1000-107-10-09 Description Amount Survey 3,500.00 IDIEC "I NOV 2 7 2017 Total $3,500.00 DEPT.OF LAND PRESERV^ai ISP Payments/Credits $0.00 2;service charge of 2%per month will be charged on balances 90 days past due Balance Due $3,500.00 TOWN OF SOU771OLD VENDOR 013975 NATHAN T CORWIN`III 12/05/2017 CHECK 134323 ! A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 30863 9229 MILL ONE SURVEY 3,500.00 TOTAL 3,500.00 I x I +1} n . j�, �•ii j Y� 'p Au4f_' �}.{" �'K �'�i t �• .. r•— rii—s.:.rrY i. '� 5'A• i•.s.-• .�h.,� .yt ]] i ?i '' ' ^`_.; t� - f'•r . j iii tti • -- I 1 r I - ------------ I ••I � 6 I I I . I ' I TOWN OF SO -AUDIT ]2/05/17- s . _ ,- •, ,53095 MAIN ROAD,FO BOX 1179 - - - SOUTHOLD,NY 1197-i-0959 CHECK N_ O.' 134323 THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT 50-5461214 12./0'5/2017 X3;500.0'0 THREE THOUSAND FIVE HUNDRED--AND 'QO'/1b0-DOL4RS „ ''AY NATHAN T CORWI_N III � O 7WE via - LAND. SURVEY4Ir INC: u • y! !ORDER ' PO-BOX" -6 ` _ JAMESPORT NY 11947 _ ,"i �� 1343231 i.021405464l. 63 000004 `0�►' C.ashin Technical Services, Inc. C 1200 Veterans Memorial Hwy . Hauppauge . NY . 11788 631.348.7600 phone 1 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 August 22, 2017 Southold, NY 11971-0959 Project No: 17CTS.011 Invoice No: 817001C Phase I Environmental Site Assessment for property located,at 6300 Wickham Avenue, Mattituck, NY SCTM 1000-107.-10-9 Professional Services from August 8 2017 to August 224 2017 Fee 1,200.00 Total this Invoice $1,200.00 AUG 2 4 2017 I TOWN OF SO UTHOLD VENDOR 003086 CASHIN TECHNICAL SERVICES; INC 09/12/2017 CHECK 133436 FUND & ACCOUNT P.-O.# INVOICE DESCRIPTION , AMOUNT CM .8660.2.600.100 30864 817001C PHS 1 ESA-MILL LANE ONE 1,200.00 ! TOTAL 1,200.00 IfzA •' '`� iii7tM1n l �,..�, �v - •Ian ���� ��kr',{ � ? I , t; ? TOWN OF SOUTFIOLD' - ,, JAi7D2T,.09/12'/17'`,"•;�,t _ 53095 MAIN ROAD;PO 00X'1179' - _ -SOUTHOLD;NY ia97-i_095s • _ ,r i -i _ - - THE SUFFOLK CO NATIONAL BANK' - - AMOUNTI ,i` - -• CUTCHOGUE•NY 11935 cDATE:', _ •• '50-546/214. D`'AND".0'0 1:00-'bOIiLARB ;. a� _;•' ONE THOi7SAND.''TWO='HUNDRE / Tr- ply CASHIN'-TBCHNICAL� SERVICES,__.INC o: =` t, 7. ;x,1200VETERANS',,M)f MQRI!�-'HIGH47AY ORDEE' iAUPPAUGE-NY:11-78-8, OF- vj33�, 36u= �:0 c L�,O ��, e� e3 000001, 011, t' 'A Z T ZUllj Stewart title' Real partners. Real possibllit,i?s.ri., INVOICE INVOICE NUMBER: 31747 DATE: 11/27/2017 TITLE NO.: 1730552 TITLE CLOSER: Fallon,Pat APPLICANT/CLIENT: Southold Town-Dept.of Land CLOSING DATE/TIME: 12/5/2017 2:00 PM Preservation CLOSING LOCATION: Land Preservation Department/Town LENDER'S ATTORNEY: NONE Hall Annex/Melissa Spiro SELLER'S ATTORNEY: Moore&Moore 54375 Main Road 2nd FI PROPERTY ADDRESS: 6300 Wickham Avenue Southold NY 11971 Matt,tuck NY TRANSACTION TYPE: Development Rights District. 1000 Section- 107.00 Block 10.00 Lot:p/o SALES PRICE: $1,601,990 00 009.000 COUNTY: Suffolk PROP TYPE: Vacant PURCHASER/BORROWER: Town of Southold SELLER(S): Mill Lane One,LLC c,;;,• "'.a?.':;'' :<, ',3;t i 4/' `x �'fir.. >,r:�..,,; �:'�.s°;>::�: �1J`l � ��';';:=r,..`:fie �� ��tt ;t b c:•,yv. *4?.v>:$`, :i> .ZX,^�S;- Mc�:'i:✓ 7:ti'� '*'a�: i..�: r"-�rt,�.r::,..�s:rs.a ...���:•:w', .. 'L.t., PREMIUM: Fee Insurance(Liability Amount.$1,601,990.00) $6,711.00 $6,711.00 ENDORSEMENTS: SEARCH FEES: RECORDING FEES:*** (Please add$5 for each add'I pg if greater than pg count shown Recording Fees $505.00 $505.00 Development Rights Easement w/TP-584(Est 25 pgs) $430.00 NOTE Fee(s)above is/are estimated.Please add$5 for each add'1 page or subtract$5 for each page,if less than shown. Certified Copy of Development Rights Easement$75.00 TAXES:(TRANSFER/MANSION/MORTGAGE) NYS Transfer Tax(usually paid by seller) - NOTE- PENALTIES&INTEREST WILL ACCRUE IF NOT RECEIVED BY NYS DT&F WITHIN 15 DAYS OF DATE OF DELIVERY ($6,408 00) EXEMPT See Exemption claimed on Transfer Form Peconic Bay Regional Town Transfer Tax($30,539.80) ** EXEMPT See Exemption claimed on Transfer Form ADDITIONAL: SUBTOTAL: $7,216.00 $7,216.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $7,216.00 $7,216.00 $0.00 $0.00 RECEIPTS DIRECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT *Taxable at 8 625"/ **Party responsible for payment **-Amount includes Stewart's Recording Service Charge NEW YORK METRO 800-853-4803 212-922-1593 fax 711 Westchester Avenue-Suite 302 300 East 42nd Street, 10th Floor 100 Motor Parkway,Suite 150 Stewartnewyork com White Plains,NY 10604 New York,NY 10017 Hauppauge,NY 11788 Page 1 of 3 TOWN OF SOUTHOLD VENDOR 019624 STEWART TITLE INSURANCE CO. 12/05/2017 CHECK 134350 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 ST17-30552 KRUPSKI-TITLE INS POLICY 6,711.00 CM .8660.2.600.100 ST17 30552 KRUPSKI-RECORD EASEMENT 430.00 • CM .8660.2.600.100 ST17t-30552 KRUPSKI-CERTIFIED COPY 75.00 TOTAL 7,216.00 "-- =}(-' ,w•Y"i r�ern � �,�,.. ��i-.. 110mr, w- •mac* S .�, � `t�.r Jt r•',.-c, r.,:=fit C'� a�..H,y'. fit•?=n tiff fi.•.,v', a1 4aw.r� Hl+t.ty7 �9 .'" �' _'�.'r":Ki,•Xr'f'""•tL_` Y I 3FfF,d ,.... T' am. • a ffa�'i�'F yF: "1~•~r r-s . i 0 1 t , TOWN OF SOUTHOLD AUDIT 12/05/17 53095 MAIN-ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 134350 THE SUFFOLK CO.CUTCHOGUE,NY 111935 NAL BANK DATE AMOUNT = 59-5461214 12-/0'5/2 017 $7,216.QO ' SEVEN THOUSAND TWO HUNDRED SIXTEEN AND 00/100 DOLLARS .I AY STEWART TITLE-INSURANCE CO. o -I TO THE' '711 WESTCHESTER-AVE-, SUITE 302 ORDER WHITE PLAINS-NY 10604 11• L343t,50ll' 1:02 L4054641: 63 000004 01i' • rW _ .e..•..� Y `� i` iii*.: . s TOWN OF SOUTHOLD VENDOR 006013 PATRICIA FALLON 12/05/2017 CHECK 134293 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 ST17-30552 KRUPSKI-TITLE CLOSER FEE 150.00 TOTAL 150.00 ' I co +'} r .v moi•:',. igt' T _ :('F~'r! ..cctt.."" L � :lr 5..1ti^ ..'+t't`� G'�F+..S� " .y+�t 4• �'�"'' '�) . � * ,.li�, }T2r + i •N� ... ' �< ._. t� _ ,-1i•„my'Cy i��d�.f,•-+"'"sitlFil�r,:.`i'}+...c�"+.�.1 � � . .-.�,._ ;,.+,�s:�+�t:r-�-.,-» �.�"t'*rn r:•1.�4.s�w'"�::"�':�ry»T'..r;-; r �-- +'f •-;•;a�-:,t' ,�.ty,a,.7,,�yj:.;^ _;,,,f $ F',,i«t.a^+x yrs•�r-atr� :*1•°.• 1'y i .. _ xf'~� oclS:+?''•:ra;r �yLf�a "+r�.r '.� •5�.�s�€?za C»-t�»,,i`z`-1S k ,r =•_,tl_ ��'�_!��,��� -t&moi .'h.�"x�'1+.r; '-i �, 0 0 I I I i TOWN OF SOUTHOLD AUDIT 12/05/17 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO: 134293 THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT 50•546i214 12/05/2017 $150.00 ONE HUNDRED FIFTY AND 00/100 DOLLARS I to ML PAY PATRICIA;FALLON c y TO THE 40 WHITE OAK,-LANE �a- ORDER F OF SOUTHAMPTON'NY 11968 oy�Ol � �� � ��' 134 29311' 40 2 140 54641: 63 000004 0110 R E C O R D E D E A S E M E N T I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII Iill IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/28/2017 Number of Pages : 24 At: 12 : 04 :17 PM Receipt Number : 17-0230308 TRANSFER TAX NUMBER: 17-17318 LIBER: D0OO12944 PAGE : 026 District: Section: Block: Lot: 1000 107 . 00 10 . 00 009. 002 EXAMINED AND CHARGED AS FOLLOWS need Amount: $1,601, 990 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $120 . 00 NO Handling $20 .00 NO COE .$5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $30 .00 NO RPT $200 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $395. 00 TRANSFER TAX NUMBER: 17-17318 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County MOVED FEB 15 2018 DEPT.OF LE AND i F11[2] RE`,PDF,i Number of'pages (/G -" `' -PLE ~I' GLEFF' ;IC FFOU,U, 1'7 a!IfaT'i This document will be public L t'090-:'544 record. Please remove all F17--17718 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 31— FEES Page/FilingFee riMortgage Amt --L— — l. Basic Tax Handling 00 2. Additional Tax TP-584 S�_ Sub Total Spec./Assit. Notation — or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX, rpm Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer TaxAffi E�'1PZ— * °+ Mansion Tax 30 The property covered by this mortgage is Certified Copy '�' or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total ®� YES i or NO Other _ ter Grand Total / If NO,see appropriate tax clause on �91 u page# of this instrument. 5 17 4 Dist./000 17043757 1000 10700 1000 009002 5 Community, Preservation Fund Real Property P T S Consideration Amount$ ! G Tax Service R DHO A I IIIIII VIII INTI VIII VIII VIII HIII VIII III IIII CPF Tax Due $ C-jj:-M P-T Agency 27-0EC-17 Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land EISA C- �/ /YfBRI�(K, EaQ. TD WOO 7•, o m-rY J.0J /v TM&A &W--y bu•B li l ,f- QuiNTAeA40 TD 6. Boor 9398 ;TD �l>r��-�,•N`1 i�901 Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name S'7it-uJsrer T,-r- I Afr. www.suffo[kcountyny.gov/clerk Title# S-F/7- du s 8 Suffolk County Recording & E,—n&orsement --- This page forms part of the attached 641TAvr OF d--VEto M&7,l /eh56'!1U E,cTj2 i made by: (SPECIFY TYPE OF INSTRUMENT) f44 4 gAlE OAfE , I-LC- The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SO u1/e-a 7Ownt o'-� 'Toa wo�-b In the VILLAGE or HAMLET of MAT"-rucK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 5th day of December, 2017 at Southold, New York. The parties are MILL LANE ONE, LLC with an address at c/o Eugene and Maryann Krupski, 2230 Soundview Avenue, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (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 SCTM #1000-107-10-9 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 Nathan Taft Corwin III Land Surveyor, dated October 28, 2017 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural; District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement and/or open space; and WHEREAS, the Property is currently planted in sod, with a vegetated area on the southeasterly corner of the property; and I 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 area preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy;sand 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 SIX HUNDRED ONE THOUSAND NINE HUNDRED NINETY AND 00/100 DOLLARS ($1,601,990.00) 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. a 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 as set forth in Stewart Title Insurance Company Title Report #ST17- 30552, 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, 3 1 , agricultural, and aesthetic resources and otherwise to aid in identifying and 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 is not limited to a survey prepared by Nathan Taft Corwin III Land Surveyor, dated October 28, 2017, and a Phase 1 Environmental Site Assessment dated August 23, 2017 by Cashin Technical Services, Inc. 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 boundby 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 SIX HUNDRED ONE THOUSAND NINE HUNDRED NINETY AND 00/100 DOLLARS ($1,601,990.00) 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 after review by the Southold Town Land Preservation Committee ("Land Preservation Committee") for consistency with the Purpose and other terms of this Easement, and as permitted under 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 review by 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 review by the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or 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 r' 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70-may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with agricultural management practices. 8 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 9 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities r 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 review by 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, incidental and/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. 11 C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion .and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure, of comparable size, use, and general design to the damaged structure shall be permitted,in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the 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 12 such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary, However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: . r 14 (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with _this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder, and 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 such 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. 17 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within 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. r 7.08 Warranties 18 The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 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: MILL LANE ONE, LLC, Grantor By: C MAR ANN KRUPSKI,-Authorized Agent ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor 19 STATE OF NEW YORK) COUNTY OF SUFFOLK), SS. On the qday of December in the year 2017 before me, the undersigned, personally appeared Maryann Krupski personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. Signatur%ice of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of New York No. 01 PA4950146 Qualified in Suffolk County Commission Expires April 24, az 19 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this S�day of December in the year 2017 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(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signatur%fce of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, X619 20 stewart titie Title Number: ST17-30552 SCHEDULE A— DESCRIPTION REVISED 11/27/2017 (As to Development Rights Easement Area): ALL that tract of land or parcel of land, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner forming the intersection of the southeasterly side of Wickham Avenue (Old Middle Road)with the northeasterly side of Mill Lane, distant the following two(2)courses and distances: 1. Northeasterly along an arc of a curve bearing to the right having a radius of 614.83 feet, a length of 156.34 feet, 2. North 58 degrees 25 minutes 20 seconds East, 163.68 feet to the place of beginning; RUNNING THENCE North 58 degrees 25 minutes 20 seconds East 363.13 feet, THENCE RUNNING along lands now or formerly of the Town of Southold(Development Rights)and lands now or formerly of the County of Suffolk the following four(4)courses and distances: 1. South 34 degrees 59 minutes 40 seconds East, 455.34 feet; 2. South 34 degrees 46 minutes 10 seconds East, 396.48 feet; 3. South 34 degrees 13 minutes 10 seconds East, 208.50 feet, 4. South 33 degrees 29 minutes 00 seconds East, 550.86 feet to the northwesterly side of Middle Road C.R. 48(North Road); THENCE along said road the following two (2)courses and distances: 1. Southwesterly along an are of a curve bearing to the right having a radius of 1902.16 feet, a length of 311.11 feet, 2. South 46 degrees 03 minutes 10 seconds West, 365.08 feet to the northeasterly end of a corner forming the intersection of the northwesterly side of Middle Road C.R. 48 (North Road)with the northeasterly side of Mill Lane; FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. -Schedule A Description(Page 1 of 2)- stewa ` ti l.lEi Title Number: ST17-30552 RUNNING THENCE northwesterly along said corner having a radius of 50.00 a length of 88.04 feet; THENCE along the northeasterly side of Mill Lane North 33 degrees 03 minutes 29 seconds West, 1314.31 feet; THENCE North 56 minutes 56 minutes 31 seconds East, 318.74 feet, THENCE North 33 degrees 03 minutes 29 seconds West, 409.06 feet to the point or place of BEGINNING. tpp FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. -Schedule A Description(Page 2 of 2)- SiJRVEY OF PROPERTY 1.1 VM CPCCl( TOWN OF SOUTI-OLD 1 SUFrOLK COUNTY, NEW YORK j SC. TAX No. 1000-107-10-09 SCALE 1'=100' OCTOBER 78, 7017 I i Mil Ai•tG�e')6.[�e� tt i csauruu m. w.n or saoiw,c i �O sr[wa unt wxm.»x caes.r � v1�uu ttun.caKn.no. o /r \ '{'O i \ 1 �\ s c �1 \ e OR NE t I 1 i t t I i ii 7 I i f i } `4M-- , Nathan Taft Corwin III � Land Surveyor MaT0,24.. T I T L E P O L I C Y ALTA Owner's Policy(6-17-06) POLICY OF TITLE INSURANCE ISSUED BY ES! insurance rY rt 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: Julie Curlen e3;�sr QA '�'�• 'let � President s• >r hold Oft'i o Agent Stewart Title Insurance Company Denise arraux New York, New York Corporate Secretary Part 1 of Policy ' serial No. 0-8911-775777 If you want information about coverage or need assistance to resolve complaints,please call our toll free number. 1-800-433-0014. If you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at httoJ/www.StewartNewYork com File No.: ST17-30552 COVERED RISKS(Continued) 9. Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy,state insolvency,or similar creditors'rights laws;or and prior to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A Schedule A constitutes a preferential transfer under federal The Company will also pay the costs,attorneys'fees,and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy,but Known to the Insured Claimant and not disclosed expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy; those relating to building and zoning)restricting,regulating,prohibiting,or (c) resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy (however, this (i) the occupancy,use,or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk (ii) the character, dimensions, or location of any improvement 9 and 10);or erected on the Land; (e) resulting in loss or damage that would not have been sustained if (iii) the subdivision of land;or the Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency, or similar creditors' rights laws, that the transaction vesting regulations. This Exclusion 1(a)does not modify or limit the coverage provided the Title as shown in Schedule A,is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of modify or limit the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy 3. Defects,liens,encumbrances,adverse claims,or other matters and the date of recording of the deed or other instrument of transfer in the (a) created,suffered,assumed,or agreed to by the Insured Claimant; Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes. (a) "Amount of Insurance": The amount stated in Schedule A, as (ii) With regard to(A),(B),(C),and(D)reserving,however,all may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company increased by Section 8(b),or decreased by Sections 10 and 11 would have had against any predecessor Insured. of these Conditions. (e) "Insured Claimant": An Insured claiming loss or damage. (b) "Date of Policy": The date designated as "Date of Policy" in (f) "Knowledge" or "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart company,or other similar legal entity. constructive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed (i) The term"Insured"also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land" does not include any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, title, interest, devisees, survivors, personal representatives, or estate, or easement in abutting streets, roads,avenues,alleys, next of kin; lanes,ways,or waterways, but this does not modify or limit the (B) successors to an Insured by dissolution, merger, extent that a right of access to and from the Land is insured by consolidation,distribution,or reorganization; this policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of Entity; security instrument, including one evidenced by electronic (D) a grantee of an Insured under a deed delivered means authorized by law. without payment of actual valuable consideration (i) "Public Records": Records established under state statutes at conveying the Title Date of Policy for the purpose of imparting constructive notice of (1) if the stock,shares,memberships,or other equity matters relating to real property to purchasers for value and interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d),"Public named Insured, Records"shall also include environmental protection liens filed (2) if the grantee wholly owns the named Insured, in the records of the clerk of the United States District Court for (3) if the grantee is wholly-owned by an affiliated the district where the Land is located. Entity of the named Insured, provided the affiliated (I) "Title": The estate or interest described in Schedule A. Entity and the named Insured are both wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent by the same person or Entity,or matter that would permit a prospective purchaser or lessee of (4) if the grantee is a trustee or beneficiary of a trust the Title or lender on the Title to be released from the obligation created by a written instrument established by the to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. Pa e 2 Serial No.: 0-8911-775777 File No.: ST17-30552 CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful in favor of an Insured, but only so long as the Insured retains an act that in the opinion of the Company may be necessary or estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If purchase money Mortgage given by a purchaser from the Insured,or the Company is prejudiced by the failure of the Insured to only so long as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any (i)an estate or interest in the Land,or(ii)an obligation secured by a litigation, with regard to the matter or matters requiring such purchase money Mortgage given to the Insured. cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the title or interest that is adverse to the Title,as insured,and that might Company, all records, in whatever medium maintained, cause loss or damage for which the Company may be liable by virtue including books,ledgers,checks,memoranda,correspondence, of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to Insured Claimant to provide prompt notice,the Company's liability to the loss or damage. Further, if requested by any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company,the Insured Claimant shall grant of the prejudice. its permission, in writing, for any authorized representative of the Company to examine, inspect,and copy all of these records 4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss to the loss or damage. All information designated as or damage,the Company may,at its option,require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Claimant furnish a signed proof of loss. pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgment of the Company, it is necessary in other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant of loss or damage and shall state,to the extent possible,the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information,or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection,unless prohibited by law or governmental regulation, (a) Upon written request by the Insured, and subject to the options shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions,the Company,at its to that claim. own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is limited to only those stated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company following additional options: shall have the right to select counsel of its choice(subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause)to represent or tender payment of the Amount of Insurance under this policy the Insured as to those stated causes of action. It shall not be together with any costs,attorneys'fees,and expenses incurred liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company Company will not pay any fees,costs,or expenses incurred by up to the time of payment or tender of payment and that the the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation, establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured damage to the Insured. The Company may take any or With the Insured Claimant. appropriate action under the terms of this policy,whether or not (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the subsection,it must do so diligently. Insured Claimant that were authorized by the Company up (c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company is obligated as required or permitted by this policy, the Company may to pay;or pursue the litigation to a final determination by a court of (ii) To pay or otherwise settle with the Insured Claimant the competent jurisdiction, and it expressly reserves the right, in its loss or damage provided for under this policy, together sole discretion,to appeal any adverse judgment or order. with any costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company 6. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permits or requires the Company obligated to pay. to prosecute or provide for the defense of any action or Upon the exercise by the Company of either of the options proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss action or proceeding,including the right to use,at its option,the or damage,other than the payments required to be made,shall name of the Insured for this purpose. Whenever requested by terminate, including any liability or obligation to defend, the Company, the Insured, at the Company's expense, shall prosecute,or continue any litigation. give the Company all reasonable aid (i) in securing evidence, FP ::� Serial No.: 0-8911-775777 File No.: ST17-30552 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 42nd St,10th Floor,New York,NY 10017. Page 4 Serial No.: 0-8911-775777 File No.: ST17-30552 ALTA OWNER'S POLICY(6/17/06) SCHEDULE A File No.: ST17-30552 Policy No.: 0-8911-775777 Amount of $1,601,990.00 Insurance: Date of December 5,2017 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: Town of Southold who acquired title by Development Rights Easements from Mill Lane One,LLC.,a New York Limited Liability Company dated 12/5/2017 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: 107.00 Block: 10.00 Lot: p/o 009.000 ALTA OWNER'S POLICY(6/17/06) SCHEDULE A DESCRIPTION File No.: ST17-30552 Policy No.: 0-8911-775777 (As to Development Rights Easement Area): ALL that tract of land or parcel of land,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at the corner forming the intersection of the southeasterly side of Wickham Avenue(Old Middle Road) with the northeasterly side of Mill Lane, distant the following two (2)courses and distances: 1. Northeasterly along an arc of a curve bearing to the right having a radius of 614.83 feet, a length of 156.34 feet; 2. North 58 degrees 25 minutes 20 seconds East, 163.68 feet to the place of beginning; RUNNING THENCE North 58 degrees 25 minutes 20 seconds East 363.13 feet; THENCE RUNNING along lands now or formerly of the Town of Southold(Development Rights) and lands now or formerly of the County of Suffolk the following four(4)courses and distances: 1. South 34 degrees 59 minutes 40 seconds East,455.34 feet; 2. South 34 degrees 46 minutes 10 seconds East,396.48 feet; 3. South 34 degrees 13 minutes 10 seconds East,208.50 feet; 4. South 33 degrees 29 minutes 00 seconds East, 550.86 feet to the northwesterly side of Middle Road C.R.48 (North Road); THENCE along said road the following two (2)courses and distances: 1. Southwesterly along an arc of a curve bearing to the right having a radius of 1902.16 feet, a length of 311.11 feet; 2. South 46 degrees 03 minutes 10 seconds West,365.08 feet to the northeasterly end of a corner forming the intersection of the northwesterly side of Middle Road C.R.48 (North Road)with the northeasterly side of Mill Lane; RUNNING THENCE northwesterly along said corner having a radius of 50.00 a length of 88.04 feet; THENCE along the northeasterly side of Mill Lane North 33 degrees 03 minutes 29 seconds West, 1314.31 feet; THENCE North 56 minutes 56 minutes 31 seconds East, 318.74 feet; THENCE North 33 degrees 03 minutes 29 seconds West,409.06 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY(6/17/06) SCHEDULE B PART I File No.: ST17-30552 Policy No.: 0-8911-775777 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses)that arise by reason of: 1. (As to Development Rights Easement Area): Survey exceptions as shown on survey covering premises and more made by Nathan Taft Corwin III,last dated 10/28/2017 (Job Number 37-188): a. Subject to the rights of the utility companies to utility poles,guy wires,overhead wires along record lines; b.Hedge row varies along part of northeasterly line; c.Edge of pavement extends onto Wickham Avenue and Middle Road C.R.48 and Mill Lane; d.Guard rail varies along southeasterly line; e.Curbing extends onto Middle Road C.R.48. 2. Policy excepts covenants,conditions, �andagreements set forth in Development Rights Easement made by; and between Town of Southold-and Mill Lane One,LLC,a New York Limited Liability Company to be duly recorded in the Suffolk County Clerk's Office. 3. 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.: ST17-30552 Date of Issue: December 5,2017 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-775777 1. The following is added as a Covered Risk: 11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments,water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATED: December 5,2017 Countersigned By: %HSt/q,� •.�``fo�PORv` �' Julie Curlen President 1987 rotOffi o Agent Denise- rraux Corporate Secretary Stewart Title Insurance Company 300 East 42nd St.,10th Fl New York,New York 10017 STANDARD NEW YORK ENDORSEMENT(7/01/12) FOR USE WITH ALTA OWNER'S POLICY(6-17-06) N Y S A G M K T S W A I V E R � �®RK Agriculture STATE OF OPPORTUF[ITY_ and @��® ar kets ANDREW M. CUOMO RICHARD A. BALL Governor Commissioner January 23, 2018 Melissa Spiro Department of Land Preservation Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver—Town of Southold, Suffolk County—Acquisition of an Interest in Land Dear Ms. Spiro: The Department has reviewed documentation submitted by The Town of Southold to waive the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law in connection with the acquisition of an interest in land within Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by Maryann Krupski for approximately 27.646 acres of active farmland (Tax Parcel ID # 1000-107-10-9) located in the Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision {4) are deemed waived for acquisition of an interest land on the referenced parcel by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) apd (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a,proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, ROBER�TS 0MERS, Ph.D. Manager, Agricultural Protection Unit cc: Ken Schmitt, Chair, Suffolk County AFPB File No.: AP 18/005-W o ' n����� C © JAN 2 9 2018 D---— 1 I M A;Ai ,.n. Alk—, ni v 477ar;I r;4 A A r7 t7l.......-Al,RESM-NON WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of y-z760res of active farmland and/or acres of non- farmland, situated at Suffolk County Tax Map No. 1000-107-10-9 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner ` TOWN OF S UTHOLD MILL LANE ONE, LLC SCOTT A. RUSSELL, Supervisor MARYA N KR PSKI, Authorized Agent 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the \V'�' day of December, 2017, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. PlIx j'j4 " Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. Oi FA4950146 Qualified In Suffolk County commission Expires April 24+ 6U fR STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the _6 day of December in the year 2017 before me, the undersigned, personally appeared Maryann Krupski, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. Notary Public PATRICIA L. FALLON Notary Public, state Of New York No. 0#FA4950146 ouallfied In Suffolk County Commission Expires April 24, lg I 2 OFFICE LOCATION: MELISSA A. SPIRO ��OFsoyo Town Hall Annex LAND PRESERVATION COORDINATOR �� l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 CP Facsimile(631)765-6640 �Q MAILING ADDRESS: COUNI'I, c� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 9,2018 Robert Somers,Ph.D. Manager,Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany,NY 12235 Re: MILL LANE ONE,LLC to TOWN OF SOUTHOLD SCTM#1000-107.4 0-9.2 Dear Mr. Somers: Enclosed please fmd the"Waiver—NYS Department of Agriculture and Markets"that was executed by Southold Town Supervisor Scott A.Russell and Maryann Krupski,Authorized Agent for Mill Lane One, LLC at a closing held on December 5,2017 for a development rights easement on farmland identified as part of SCTM#1000-107.-10-9.Details regarding this easement are as follows: GRANTOR: Mill Lane One,LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 12/28/2017 LIBER: D00012944 PAGE: 026 LOCATION: 6300 Wickham Avenue,Mattituck EASEMENT ACREAGE: 24.646 acres SUFFOLK CO TAX MAP#: fka 1000-107.00-10.00-p/o 009.000 nka 1000-107.00-10.00-009.002 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y DIVISION OF LANDS AND FORESTS New York State Department of Environmental Conservation 625 Broadway,5th Floor,Albany.NY 12233-4250 P.(518)402-9405 1 F:(518)402-9028 1 landsforests•adec.ny.gov www.dec.ny.gov February 9, 2018 Melanie Doroski Sr. Administrative Assistant Land Preservation Department Town of Southold PO Box 1179 Southold, NY 11971-0959 Dear Ms. Doroski, We have received in our office the following conservation easement: CE Suffolk 641 Grantor: Mill Lane One, LLC Deed: D00012944 Page 026 Filed: 12/28/2017 The conservation easement cited above has been identified for our indexing and filing purposes. When contacting this office about this parcel, please use the assigned identifier. t� Very truly yours, ly Stock C DD Real Estate Specialist 2 Bureau of Real Property FEB - 9 2018 DEPT OF LAND PRESERVATION i x EEu[roetc• Departmentof SCTw;�nry Environmental Conservation OFFICE LOCATION: MELISSA A. SPIRO *OF sorry Town Hall Annex LAND PRESERVATION COORDINATOR h0� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 MAILING ADDRESS: P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 13, 2018 Eugene Krupski Mill Lane One, LLC 2230 Soundview Avenue Mattituck,NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suffolk 641 SCTM#1000-107.40-9.2 Dear Gene: Please be advised that the Town's purchase of a development rights easement on your parcel referenced above has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with this property's assigned identifier along with a copy of the recorded Grant of Development Rights Easement. You will need to provide this control number to the Department of Taxation and Finance if you are eligible to claim a tax credit for the sale of the easement to the Town of Southold. Please take note of enclosed copy of correspondence received from Nancy Stock,NYS DEC relating to the tax credit. Very truly yours, Melanie Doros Sr. Administrative Assistant encs. t • Good Morning Melanie, Please see the attached letter issuing number CE Suffolk 641 to this easement. As the Town paid just under $1.7 million for the development rights, the seller should be made aware of the instructions for a tax credit which state: A taxpayer should maintain adequate records to substantiate the conservation easement's compliance with the provisions of IRC 170(h).This includes,but is not limited to,a copy of federal Form 8283,Noncash Charitable Contributions, for the year of the donation.Also acceptable is a letter from the public or private conservation agency stating that the conservation easement was donated or purchased •for no consideration or a nominal amount,or •for less than fair market value(FMV),provided,in this case, the letter is accompanied by an appraisal indicating the FMV of the conservation easement that was made at the time of the purchase of the easement.The appraisal must be made by a qualified appraiser as defined in federal regulations section 1.170A-13(c)(5). As a result of these instructions it is doubtful they are eligible for the Conservation Easement Tax Credit. Nancy Nancy Stock Real Estate Specialist 2, Chief Real Estate Appraiser, Division of Lands and Forests Real Property Bureau New York State Department of Environmental Conservation Real Property Bureau 625 Broadway, 5th floor,Albany, NY 12233-4256 P: (518)402-9443 1 F: (518)402-9028 1 nancy.Stock@dec.ny.gov OFFICE LOCATION: MELISSA A. SPIRO *QF SO(/jy Town Hall Annex LAND PRESERVATION COORDINATOR ��� ��� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 MAILING ADDRESS: �COU M`1,� P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail nancy.stock@dec.ny.gov January 8,2018 NYSDEC Bureau of Real Property 625 Broadway,51 Floor Albany,NY 12233-4256 Attention: Nancy Stock,Real Estate Specialist 2 Bureau of Real Property Re: Conservation Easements Registry MILL LANE ONE.LLC to TOWN OF SOUTHOLD Dear Ms. Stock: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located, within the Town of Southold to be registered with the New York State Department of Environmental . Conservation.Details regarding this easement are as follows: . GRANTOR: Mill Lane One,LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 12/28/2017 LIBER: D00012944 PAGE: 026 LOCATION: 6300 Wickham Avenue,Mattituck EASEMENT ACREAGE: 24.646 acres SUFFOLK CO TAX MAP#: part of 1000-107.00-10.00-009.000 n/k/a 1000-107.00-10.00-009.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, A4-"c 4v' e Melissa Spiro Land Preservation Coordinator enc. cc: Eugene Krupski-Mill Lane One,LLC 2230 Soundview Avenue Mattituck,NY 11952 P R O P E R T Y R E C O R D S MILL LANE ONE, LLC to TOWN OF SOUTHOLD part of SCTM #1000-107.-10-9 Total Development Rights Easement— 24.646 acres Total Parcel Acreage — 27.646 acres Reserve Area — 3.0 acres Premises: 6300 Wickham Avenue, Mattituck, New York Closing took place on Tuesday, December 5, 2017 at 2:00 p.m., Southold Town Hall Annex from left to right: Supervisor Scott Russell Eugene Krupski Maryann Krupski 4 � ►�� y• ti s� SVFF®(/. OFFICE LOCATION: MELISSA A.SPIRO ®moo ®G Town Hall Annex LAND PRESERVATION COORDINATOR �.t. yam► 54375 State Route 25 melissa.spiro@town southold.ny us ,4 (corner of Main Rd&Youngs Ave) y Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 ®y • ®�� MAILING ADDRESS: www.southoldtownny.gov ®1 , � 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: December 5, 2017 Re: MILL LANE ONE, LLC to TOWN OF SOUTHOLD Part of SCTM#1000-107.-10-9 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: 6300 Wickham Avenue, Mattituck SCTM#: part of 1000-107.-10-9 PROPERTY OWNER: Mill Lane One, LLC CONTRACT DATE: July 19, 2017 PURCHASE DATE: Closing took place on December 5, 2017 PURCHASE PRICE: $1,601,990.00 (24.646 acres @$65,000/buildable acre) EASEMENT ACREAGE: 24.646 acres TOTAL PARCEL ACREAGE: 27.646 acres RESERVE AREA ACREAGE: 3.0 acres in northwesterly corner includes existing house&barns ZONING: Agricultural-Conservation (A-C)Zoning District FUNDING: Community Preservation Fund (2%) A E R I A L S ` I •A •. is �; fA- r• Y ,Chi .j k � .•-�R - ,,.� � r , r' f �I 1 •f�r T- X 4•w �� it. I . - b o o. .(Q ° %l 11 =o, -o • • • • 11 O • • f A 4 � t f .E � 1 NLegend Easement Area Excluded Area Minimum Size Excluded Area Maximum Size . t Aerial 2016 w 3 a Legend Easement Area Excluded Area Minimum Size Excluded Area Maximum Size Aerial 2013 Y A • • • • ExcludedEasement Area Excluded Area Minimum Size Area Maximum Size Aerial 2010 i N Legend Easement Area hk, Excluded Area Minimum Size Excluded Area Maximum Size Aerial 2007 1 �\•� - �, � TAI Legend ► ' Easement Area Excluded Area Minimum Size Excluded Area Maximum Size Aerial 2006 Legend ti Easement Area Excluded Area Minimum Size '° • Excluded Area Maximum Size ' ',. •` � Aerial 2004 3 F Of 111 f Legend Easement Area " Excluded Area Minimum Size Excluded Area Maximum Size Aerial 2001 • a �Y ^4 r Ir i VNW Legend Easement Area • Excluded Area Minimum Size Excluded Area Maximum Size Aerial 1984 • N k;14ti fi Legendfp ' ►' Easement Area Excluded Area Minimum Size +." �•� xti Excluded Area Maximum Size N,%A' Lt"41, Aerial 1978 %odO- 64 I' t Ik f c " r r ►"may'I! ` / __•__. - � Legend Easement Area ✓ Excluded Area Minimum Size Excluded Area Maximum Size 'POI Aerial 1962 s U R V E Y NJAL S_ U M Tii��"1r SURVEY OF PROPERTY SI T UA TE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 107- 10-09 SCALE 1 "= 100' OCTOBER 28, 2017 TOTAL LOT AREA = 1 ,204,247 sq. ft. 27.646 ac. CER TIFIED TO: �1 TOWN OF SOUTHOLD STEWART TITLE INSURANCE COMPANY �O MILL LANE ONE, LLC VINBAR REALTY CORPORATION ABSTRACTS, INCORPORATED .. 0� Q cS�J N"N 2 7 207 1?0 DET DF LANA Y J°��, o�,c• O O o -�y G e'04 ✓ c� I t`per� eGljG 2G• ti ay;S G��' Py G a\ \ '' O ti Q 370 pW RESERVE AREA e 130,680 sq. ft. `.� 3.000 ac. i y o 9 O Q , O 11 ` \ O� `\ lJ• \ 'p ` O �. J `\ Q° DEVELOPMENT RIGHTS EASEMENT AREA ` 1,073,567 sq. ft. `x 24.646 ac. \ \ e O \ \ _o r. e o ' GJ O CP A Y \ 41 O O '•ZO O OOyO T \{\ tX � Y •!pti 0 �J`F. \ GGJ�O GONG �O• OtX PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED-AND-ADOPTED FOR SUCH USE BY THC� 7RK 'AND V�L,AE, L TITLE ASSOCIATION. ala �•��' � 0 +� L� Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION TI ADDITION Nathan Taft Corwin iii TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Rood P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 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