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Brushes Creek Properties (Brushes Creek)
OSUFFQ��C Baseline Documentation 1000-127-8-17.5 p formerly known as lots: CO% Ze 1000-127-3-8 O � 1000-127-3-9.2 1000-127-3-10.2 ,� �► 1000-127-3-10.3 1000-127-8-17.2 1000-127-8-17.3 "BRUSHES CREEK PROPERTIES" CAPITAL ASSET RETIREMENT FUND, LLC — TRISTATE CAPITAL HOLDINGS, LLC — HALLOCK HOLDING CORP. — JEFFRY HALLOCK (each individually) to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD 23.5321 acres — Open Space Acquisitions Deeds (5) dated April 20, 2018 Recorded August 22, 2018 Suffolk Count Clerk— Liber D00012974, Pa es 977-981 ,r - 4, .l a SCTM #: 1000-127.-3-8 (Tristate Capital Holdings Corp.) 1000-127.-3-9.2 (Capital Asset Retirement Fund,LLC) - 1000-127.-3-10.2 (Jeffry Hallock) 1000-127.-3-10.3 (Hallock Holding Corp.) 1000-127.-8-17.2 (Capital Asset Retirement Fund,LLC) 1000-127.-8-17.3 (Capital Asset Retirement Fund,LLC) Premises: 2550 North Oakwood Drive 560 Diachun Road 430 Diachun Road No # Diachun Road 2295 Great Peconic Bay Boulevard 2445 Great Peconic'Bay Boulevard Hamlet: Laurel Total Purchase Price: $291339577.50 , ($1,685,526.23 County/$448,051.27 Town) Partnership Funding: County - 79% undivided interest (New Drinking Water Protection—Open Space and Old Suffolk County Drinking Water Protection Program,—, 12.5D) Town —21% undivided interest (Community Preservation Fund). CPF Project Plan: Yes Total Parcel Acreage: 23.5321 acres 1000-127.-3-8 (5.1734 acres) 1000-127.-3-9.2 (1.8333 acres) 1000-127.-3-10.2 (3.3625 acres) 1000-127.-3-10.3 (1.7289 acres) 1000-127.-8-17.2 (0.7431 acre) 1000-127.-8-17.3 (10:6909 acres) Zoned: A-C (Agricultural-Conservation) and partially within R-40 Existing Improvements: In April 2018 —vacant land P U B L I C H E A R I N G tea° RESOLUTION 2016-755 ADOPTED DOC ID: 12182 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-755 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9,2016: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2016, at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the simultaneous purchase of the properties identified as: • SCTM#1000-127.-3-8 TriState Capital Holdings, LLC (5.4±acres) • SCTM#1000-127.-3-9.2 Capital Asset Retirement Fund, LLC and TriState- Capital Holdings, LLC (2.1± acres) , • SCTM#1000-127.-3-10.2 Jeffry Hallock(3.4± acres) • SCTM#1000-127.-3-10.3 Hallock Holding Corp. (1.8± acres) ' • SCTM#1000-127.-8-17.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67±acre) • SCTM#1000-127.-8-17.3 Capital Asset Retirement Fund, LLC (12.5± acres) The total area of the combined properties is 25.87±acres. The properties are located'on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east from the intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel. The properties,,are located within the Agricultural-Conservation(A-C)Zoning District and partially within.the R-40 Zoning District. The combined properties have approximately 98± feet of road frontage.on' Peconic Bay Boulevard and 1800± feet along Brushes Creek. The 25.87±acres will be acquired Iat a simultaneous closing,with the County acquiring a seventy-nine percent(79%) undivided interest and the Town acquiring a twenty-one percent . (21%)undivided interest, as tenants-in-common,to each of the six(6) tax map parcels listed . above. The total combined price is $2,131,750± (two million one hundred thirty-one thousand - seven hundred fifty dollars,plus or minus),plus all related acquisition costs which will be divided in accordance with the 79% County/21% Town partnership. The exact acreage is subject to survey. The combined purchase price may be adjusted based upon surveyed acreage of SCTM #1000-127.-8-17.2: The purchase price for each of the six(6)parcels and the acquisition costs will be funded in accordance with the 79% County/21% Town partnership with the County's funding from the County New Drinking Water Protection Program, as amended and effective December 1, 2007 and County Old Drinking Water Protection Program as in effect November 30, 2000, and the Town's funding will be from the Town's Community Preservation Fund. The 21%Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents,plus or minus)plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this Resolution 2016-755 Board Meeting of August 9, 2016 acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include a nature preserve,passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the properties upon the purchase of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available, and if so,the number of Sanitary Flow Credits available from the properties. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21%Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. 'J - ' . . • FURTHER NOTICE is hereby given that a more detailed description of the above mentioned: parcel`of land is on,file in Land Preservation Department, Southold Town Hall Annex,;54375.. ; ; :'•: ; Route 25, Southold,New York, and may be examined by any interested person,during business-, hours. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER:-_ Robert�Ghosio,-Councilman^ ' SECONDER:William P. Ruland, Councilman•. . . .. AWSc . Dinizio-Jr, Ruland,,D6herty, Ghosio,, Evans,'R-ussell: �'' _: :<• ., i . Updated: 8/9/2016 11:53 AM by Lynda Rudder Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,August 23,2016, at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the simultaneous purchase of the properties identified as: • SCTM#1000-127.-3-8 TriState Capital Holdings, LLC (5.4± acres) • SCTM#1000-127.-3-9.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (2.1± acres) • SCTM#1000-127.-3-10.2 Jeffry Hallock(3.4±acres) • SCTM#1000-127.-3-10.3 Hallock Holding Corp. (1,.8± acres) • SCTM#1000-127.-8-17.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67±acre) • SCTM#1000-127.-8-17.3 Capital Asset Retirement Fund, LLC (12.5±acres) The total area of the combined properties is 25.87±,acres. The properties are located on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east from the intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel. The properties are located within the Agricultural-Conservation(A-C)Zoning.District and partially within the R-40 Zoning District. The combined properties have approximately 98±feet of road frontage on Peconic Bay Boulevard and 1800±feet along Brushes Creek. The 25.87±acres will be acquired at'a simultaneous closing,with the County acquiring a „ .., seventy-nine percent(79%)undivided interest and the Town acquiring a twenty-one percent,;,,, (21%) undivided interest, as tenants-in-common,to each of•the''six(6) tax map.parcel's listed above. The total combined price is $2,131,750± (two million-one hundred thirty-one',.thousaiid seven hundred fifty dollars,plus or minus), plus all related acquisition costs which will be..: divided in accordance with the 79% County/21% Town partnership. The exact acreage-`is'subject,,,- '. to.survey, The combined purchase price may be adjusted based upon surveyed,acreage of SCTM 41000-127.-8-17.2. The purchase price for each of the six(6)parcels and the acquisition costs will be'funded in accordance with the 79% County/21%Town partnership with the-County's funding from the County New Drinking Water Protection Program, as amended and effective December 1, 2007 and County Old Drinking Water Protection Program as in effect November- 30, 2000, and the Town's funding will be from the Town's Community Preservation Fund. The 21%Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents,plus or minus)plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed use's of the property may include a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the properties upon the purchase of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available, and if so,the number of Sanitary Flow Credits available from the properties. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21%Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. 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: August 9, 2016 ;;f, BY ORDER OF,THE TOWN BOARD OF THE TOWN OF SOUTHOLD' Elizabeth A.N.eyille Southold Town Clerk Please publish on August 18,2016 and forward one affidavit of publication to Elizabeth A: ' Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney, t TC Bnlletih-Bd Website Land Pres ,, • : , „ . SOUTHOLD TOWN BOARD l PUBLIC HEARING August 23, 2016 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Bill Duffy This hearing was opened at 7:50 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the r, Town Code, the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2016, at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as thelime and place for a public hearing for the simultaneous purchase of the properties identified as: ❑ SCTM#1000-127.-3-8 TriState Capital Holdings, LLC (5.4± acres) ❑ SCTM#1000-127.-3-9.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (2.1± acres) ❑ SCTM#1000-127.-3-10.2 Jeffry Hallock(3.4± acres) ❑ SCTM#1000-127.-3-10.3 Hallock Holding Corp. (1.8± acres) ❑ SCTM#1000-127.-8-17.2 Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67 acre) ❑ SCTM 41000-127.-8-17.3 Capital Asset Retirement Fund, LLC (12.5± acres) The total area of the combined properties is 25.87± acres. The properties are located on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east 'from the intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel. The properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R-40 Zoning District. The combined properties have approximately 98± feet of road frontage on Peconic Bay Boulevard and 1800± feet along Brushes Creek. The 25.87❑ acres will be acquired at a simultaneous closing, with the County acquiring a seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, to each of the six (6) tax map parcels listed above. The total combined price is $2,131,750± (two million one hundred thirty-one thousand J Public Hearing Laurel Properties August 23, 2016 page 2 seven hundred fifty dollars, plus or minus), plus all related acquisition costs which will be divided in accordance with the 79% County/21% Town partnership. The exact acreage is subject to survey. The combined purchase price may be adjusted based upon surveyed acreage of SCTM #1000-127.-8-17.2. The purchase price for each of the six (6) parcels and the acquisition costs will be funded in accordance with the 79% County/21% Town partnership with the County's funding from the County New Drinking Water Protection Program, as amended and effective December 1, 2007 and County Old Drinking Water Protection Program as in effect November 30, 2000, and the Town's funding will be from the Town's Community Preservation Fund. The 21% Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents, plus or minus)plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the property may include a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the properties upon the purchase of the properties. The County of Suffolk will determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available, and if so, the number,of Sanitary Flow Credits available from the properties. Any available Sanitary Flow Credits will be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. 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. This notice of hearing was published in the August 21" edition of the Suffolk Times, I do have an affidavit that this was affixed to and noticed on the Town Clerk's bulletin board. And I have a memorandum here from Mark Terry, the LWRP coordinator, that this proposed action is consistent with the policy standards and therefore is consistent with the Local Waterfront Revitalization Program. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this local law? Melissa? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. Thanks. These six properties have a long history of inquiries and I believe also applications in regard to both development and preservation and I am really glad to be here tonight regarding a proposal to preserve all of them. The description of this property is a bit complicated. It involves six Public Hearing Laurel Properties August 23, 2016 page 3 different properties, different owners and a partnership with the county. Seventy nine (79) percent of the funding will come from the County's programs and 21 percent will come from the Town's Community Preservation Fund. The result will be the Town and County owning the property together with an undivided interest as tenants in common. The percentage of funding worked out this way because the county is using two different sources of funding, about $1.2 million were in a county fund commonly known as the `Old Drinking Water Fund' and these funds were earmarked by the county years ago for use in Southold Town. We have Legislator Krupski to thank for ensuring that this county funding ended up being used for land acquisition in Southold Town and in particular for this project. The total purchase price is just over $2.1 million and the town's share is approximately $450,000. The purchase price is based on an appraisal which was commissioned for each parcel. The closing of this hearing and the Town Board's resolution electing to purchase the property with the county allows the town to execute a purchase contract with the landowners and to work with the county to work towards closing. There are still many steps involved, including the landowner removing a concrete foundation on one of the properties and completion of the survey and title work. So a 2016 closing is not likely and it is likely that we will close in 2017. Once the closing occurs, we will work together with the county for'a management plan for the property. The purpose of the acquisition is for open space and passive recreational purposes. Any future use of the property will need to be consistent with those purposes and since this is a partnership with the county, with county regulations. The project has been reviewed by the Land Preservation Committee and the Committee supports the acquisition and I am here to answer any questions you may have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this local law? JILL KUBETZ: Good evening, I am Jill Kubetz from Laurel. I live on North Oakwood. I have been asked by the association to read a letter, an open letter signed by several members and then submit it to you. `We are writing in support of the proposed purchase and preservation of the eastern side of Brushes Creek. Individually as Southold Town residents and then collectively as members of the North Oakwood association, we are strongly advocating for the preservation of Brushes Creek. The North Oakwood association consists of members whose families have been Southold Town residents for generations. Some for over 90 years. During that time, they have seen Brushes Creek and Southold in general undergo numerous changes, many of them positive but some have encroached on open spaces that characterized Southold. As North Oakwood residents, we are very lucky to live close to Brushes Creek. We have been able to enjoy nature at its finest. We have watched local birds catch birds, lay eggs and the chicks hatch. The proposed purchase will enable future Southold residents to enjoy what we have enjoyed, the seaside natural environment that characterizes Southold. We wholeheartedly endorse and support the proposed purchase and preservation of Brushes Creek.' I would like to read the names into the record of the people that signed. Alice Powers, Pamela Conlon, Sundeep Dahiya, Susan Dahiya, Jill and Jacob Kubetz, Virginia Neville, Raymond Castronova, Laura Allison and Emery Korpi. SUPERVISOR RUSSELL: Thank you. Please. Who else would like to address the Town Board on this? CATHERINE KIMBALL: Hi, my name is Catherine Kimball. I also live on North Oakwood and I missed the petition so I had to stand up and add my support as well. I don't know who has Public Hearing Laurel Properties August 23, 2016 page 4 been around for 90 years but my great-grandmother bought our cottage 85 years ago. So somebody beat me by 5 but we absolutely support the preservation of Brushes Creek. I agree with everything that was said in the letter and it was nice to meet you. Thank you. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board? Mr. Hochbruekhner? GEORGE HOCHBRUEKHNER: George Hochbruekner, former Congressman. I am an 18 year resident on Brushes Creek. I strongly support what you are doing here and I commend Al Krupski and his people for finding the money and my question for you is, the remaining $447,000 that the town will be providing, where will that money come from? SUPERVISOR RUSSELL: The Community Preservation Fund. MR. HOCHBRUEKHNER: So these are funds that already exist? SUPERVISOR RUSSELL: Yes, it's the committed account, it's a separate account that was created through the Community Preservation tax that gets levied on houses when the titles get transferred. It's a separate committed fund. MR. HOCHBRUEKHNER: So then may I assume, since the $447,000 is already available, that there will not be any tax increase for anyone in the town to cover that? SUPERVISOR RUSSELL: No, none whatsoever. MR. HOCHBRUEKHNER: Great. If I could relate a story, some local history that probably many people don't know. But Peconic Bay has been in the National Estuary Program now for over 25 years and what a lot of people don't realize is that we owe that to Billy Joel. And the way this happened was, back in the early 90's Congressman Norm Lent, a Republican from Nassau County a good friend of mine,joined with me as a Democrat representing the Ist District, to request that Peconic Bay be placed in the National Estuary Program and we were told by leadership that, well, New York already has several bays in the program and don't count on getting it in. So we enlisted Billy Joel to come down to Washington, so with Congressman Norm Lynch on one side of the aisle, me on the other side, County Executive Patrick Halpin and Billy Joel and others, including Vito Minei who heads Cornell Cooperative. We all went down to Washington and it was beautiful to see because I first arranged a meeting with Speaker Tom Foley and when we went into his office, he was a really hi-fi fan and he had a wall full of woofers and tweeters and amps and what have you and no sooner did we get in then Billy says, oh the best amp is this one and that one, well, they got into this 15 minute discussion about amplifiers and woofers and tweeters and what have you. So after about 15 minutes, I'said, Mr. Speaker, we really came to talk about Peconic Bay and at that point, he said, you got my vote. So then we went over to see George Mitchell, who was the Senator from Maine, the Majority Leader. So no sooner did we get into his office and Billy Joel and the Senator get into this conversation about, well, I just bought my last boat in Maine and so they get into this boat discussion because Maine is a small state and everybody knows everybody. So after 15 minutes, George Mitchell says you got my vote. So that's how we got Peconic Bay into the National Public Hearing Laurel Properties August 23,2016 page 5 Estuary Program. And so we are building on th at and the fact that this $1.2 million was found, was money that was collected from the 2% preservation tax is a great thing. And how you are using it now is also to be commended. As I say, I commend Al for helping find the money. I commend the Town Board for delivering that money, for taking over that property and ensuring that we came Peconic Bay clean. Thank you. SUPERVISOR RUSSELL: Thank you. You mentioned Norman Lent, actually, I had stuffed envelopes for Norman Lent back in 1972. I was all of 8 years old. My parents indoctrinated me early, what can I say. Liberty Travel on Merrick Road. MR. HOCHBRUECKNER: It goes to show that both sides of the aisle can always work together. SUPERVISOR RUSSELL: Absolutely. MR. HOCHBRUECKNER: Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? (No response). This hearing was closed at 8:05 PM. Elizabeth A. Neville Southold Town Clerk S E R A P IJ R C H A S E R E S O ]L IT T I O N S�UFF4�e�G RESOLUTION 2016-791 o ADOPTED DOC ID: 12205 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-791 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 23,2016: WHEREAS, the Town Board of the Town of Southold,held a public hearing on the 23`d day of August, 2016, on the question of the simultaneous purchase of fee title to parcels located in the Brushes Creek area f6r open space protection and passive recreational purposes, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS,the six (6)properties to be purchased are identified as being owned by: • TriState Capital Holdings, LLC (5.4± acres) and further identified as SCTM #1000-127.- 3-8. The address is 2550 North Oakwood Drive, in Laurel,New York; and • Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (2.1± acres) and further identified as SCTM #1000-127.-3-9.2. The address is 560 Diachun'Road, in Laurel,New York; and • Jeffry Hallock (3.4± acres) and further identified as SCTM #1000-127.-3-10.2. The address is 430 Diachun Road, in Laurel,New York; and • Hallock Holding Corp.(1.8± acres) and further identified as SCTM #1000-127.-3-10.3. The address is No#Diachun Road, in Laurel,New York; and • Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC (0.67±•.acres)" and further identified as SCTM #1000-127.-8-17.2. The address is 2995 Great Peconic Bay Boulevard, in Laurel,New York; and • Capital Asset Retirement Fund, LLC (12.5± acres) and further identified as SCTM #1000-127.-8-17.3. The address is 2445 Great Peconic Bay Boulevard, in Laurel; New York; and WHEREAS,.the total area of the combined properties is 25.87±acres. The properties are located on Diachun Road and the north side of Peconic Bay Boulevard approximately 517 feet east from the intersection of North Oakwood Road and Peconic Bay Boulevard in Laurel, and the combined properties have approximately 98± feet of road frontage on Peconic Bay Boulevard and 1800± feet along Bushes Creek; and WHEREAS, the properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R-40 Zoning District; and WHEREAS, the 25.87± acres will be acquired at a simultaneous closing, with the County acquiring a seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one (21%) undivided interest, as tenants-in-common, to each of the six (6) tax map parcels listed above. The total combined price is $2,131,750± (two million one hundred,thirty-one thousand ( seven hundred fifty dollars, plus or minus), plus all related acquisition costs which will be divided in accordance with the 79% County/21%.Town partnership. The exact acreage is subject Resolution 2016-791 Board Meeting of August 23, 2016 to survey. The combined purchase price may be adjusted based upon surveyed acreage of SCTM #1000-127.-8-17.2. The purchase price for each of the six (6) parcels and the acquisition costs will be funded in accordance with the 79% County/21% Town partnership with the County's funding from the County New Drinking Water Protection Program, as amended and effective December 1, 2007, and the County Old Drinking Water Protection Program, as in effect November 30, 2000, and the Town funding will be from the Town's Community Preservation Fund. The 21% Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents,plus or minus) plus acquisition costs; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space and wetland protection purposes. The purpose of this acquisition is for open space protection and passive recreational purposes. Proposed uses of the properties may include a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property; and WHEREAS,the acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code '.of the Town of.Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 '(Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization'Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS,,as,per ,Chapter 117 (Transfer of Development Rights) of the Code of the Town of . v:. Southold, Section 1'17-5, the Land Preservation Coordinator and the Town Board have reviewed; >,h. the acquisition,and have determined�that,sanitary flow credits may be available upon the.Town's ; ,x acquisition of,the properties. The County of Suffolk will determine if Sanitary.Flow,,Credits` ' (a.kta County Workforce Housing Development Rights) are available and Sanitary,-Flow'Credits' will be divided•between the County and the Town in accordance with the 79% ,C6unty%21' % Town joint partnership percentage. The transfer of the Sanitary Flow Credits allotted to ,the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject properties for the purpose of the preservation of open space and passive recreational purposes; 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, Updated: 8/23/2016 3:46 PM by Lynda Rudder Page 2 Resolution 2016-791 Board Meeting of August 23, 2016 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 enter into a joint partnership between the Town Southold and the County of Suffolk, with the County of Suffolk acquiring a seventy-nine percent (79%) undivided interest and the Town of Southold acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, for a simultaneous purchase of fee title to each of the six (6) parcels being in the vicinity of Brushes Creek, totaling 25.87± acres, with ownership to the parcels being in the names of Tristate Capital Holdings, LLC, Capital Asset Retirement Fund, LLC and TriState Capital Holdings, LLC, Jeffry Hallock, Hallock Holding Corp., and Capital Asset Retirement Fund, LLC, and identified as parcels on the Suffolk County Tax Map as 41000-127.-3-8, 9.2, 10.2 & 10.3 and#1000-127.-8-17.2 & 17.3. The total combined price is $2,131,750± plus all related acquisition costs which will be divided in accordance with the 79% County/21% Town partnership. The 21% Town's purchase price is $447,667.50± (four hundred forty-seven thousand six hundred sixty-seven dollars and fifty cents, ;• plus; or minus) plus acquisition costs. The proposed action has been reviewed }pursuant. to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LW-RP Coordinator and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary -flow credits may be available upon the Town's acquisition of the properties and that the County of Suffolk will determine if Sanitary Flow Credits (a.k.a County Workforce Housing Development Rights) are available,-and Sanitary Flow Credits will be divided between the County and the Town in - accordance,with;the 79% County/21% Town joint partnership percentages. The transfer:of..the-, Sanitary,How•Credits, allotted to the Town will not be finalized, and shall not occur,,.ur1til,.,the,: + Town closes on the properties, and the Town Board passes a resolution allowing the,transferEinto. the Town TDR Bank: Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: William P. Ruland Updated: 8/23/2016 3:46 PM by Lynda Rudder Page 3 ,UFFO(t�o� RESOLUTION 2017-820 y2 ADOPTED DOC ID: 13399 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2017-820 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 26,2017: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute the Purchase Agreement, any amendments thereto and any other documents in connection with the open space acquisition of fee title to parcels of land identified as SCTM#1000-127.-3-9.2 and#1000-127.-8-17.2, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk- RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES-` -- Dinizio Jr, Ruland, Doherty, Ghosio,Evans;Russell (t' C O U N T Y R E S O L U T I O N S Intro.Res. Na. 1059=2017' 'Laid on Tal�le,2/712017 Ouc Intro qd by Presiding Ing Oftee, on eeqqestW the 0-oudty Executive and Legislator Hahn RESOLUTION! NO: AUTHORIZING THE ACQUISITION OF LAND UNDER THE NEW SUFFOLK' .COUNTY DRINKING 'WATER PROTECTION, PROGRAM (EFFECTIVE DECEMBER 1, 2007) OPEN SPACE ,AN6 THE:OLD SUFFOLK COUNTY ,DRINKING .COMPONENT WATER, 'PROTECTION TECTION ,P-ROGRAM FOR THE TIREM FUO[Ji LW, AND. Tkf§TAtE ,CAPITAL ASSET RE "ENT CAPITAL HOLDINGS, LLC PROPERTY BRUSHES CREEK TOWN 'OF ^tOUTH"(O_D — (SCTM- NOS, 10004,27.06-03.60- AND-10.00-127;60=08:00:017:002)` ' WHEREAS, Local Law No. 242007, "Ath'arter'LaW EXtbnding and Accelerating the Suffolk County %%-"Drinking, Water Protection 'Program for En Sectiyirppmental ,Protection," q0. Q 12 i(A)(1) authorized the. use of ^31.10percent of s0es:,In&c6rnpehsatlng tax, P�0,'Qecicfs'generated each year,,for environmental protection, as determined by 4dly_ahacted , Resolutions of the County-of-Suffolk;, and 'WHEREAS, adequate funding is provided,fpr,,purs' uant to of ft tUFFOLK-COUNTY CHARTER, from 31.10 percent,of,the,s4l6saft compensating tax. proceeds, for.the acqgisition of such land; and WHEREAS, Article Xll ,of the SUFFOLK.COUNTY CHARTER-e.stablisfted the" , 'Old Suffolk County Drinking Water, Protection Program, as 'amended: and effectiVe as' of NOY6tber 30, 2000, 'the first,, prio.rity'of'which beihd, the a6qUIsItIon.,of qualified, lands to be funded'by,reve-ngbs generated by the-1.0brtee percent'(1/40/6) sales and compensating use tax; 'and WHEREAS, in compliance with Sections C-12-3(B) and (C) of the, SUFFOLK 'COUNTY*CHARTER. as'am'hdid.ai 'of November 30, 200'Oi prior to th e e nd,effective as e Division bir66tP'r of the Division- of Real PropertyAcquisition ',and Management entering into any- . 'negotiations,for the acquisit'iop of, and consummation of acquisition of any such 'parcel, the Board'of Trustees of`the Department Of Parks,, Recreation and Conservation shall,review"alhd recommend its acquisition; and WHEREAS, adequate funding .is provided for, under the Old Suffolk County- Drinking-Water ounty- D J rinking-WaterP��fec6n Program, pursuant to Section-G12-5(D) Of Article Al of the 8�IJFFOM Q,&QNTY"CHARTER, as amended.and effective as of November 30- 2000jorthe-acquisklonof ,such,land; and 'WHEREAS, Resolution'No.'24,8=2015and Resolution No. 877=2065-,Iauthorized' planning'-steps and ProceduralMotion No. 52016.auth-orized,acquisit'ion of-said property; and WHEREAS,,the Town of Southold ("Town") has approved Resolution No: 2016- ,70 on August 23, 2016 authorizing the acquisition of the subject property in partner6hip With ,the County of Suffolk; and WHEREAS, the Environmental Trust Review Board"has reviewed the appraisals and the report of the Internal Appraisal Review Board and has approved the purchase price and authorized the Director of Real Estate and/or his designee to negotiate the acquisition; and WHEREAS, based upon the Environmental Trust Review Board approved value, an.offer to acquire the subject property was made to and 'accepted by the- owner of said property; and WHEREAS, contracts to acquire said property were prepared,by the•office of the I County Attorney, executed by,the:owner of the subject property, the Town, and the,Director,.of. Real Estate andlorhis designed, and approved as to legality by the Office of the. County ,Attorney;and WHEREAS,, on November'20, 2007, Suffolk County,.as SEQRA Lead Agency,;in 1 Resolution, No. 1083-2007,. issued a SEQRA ,negative declaration in connection with the proposed future acquisitions of properties for the preservation of open space for passive park purposes asset forth in Resolution No, 625-2004— Mastic/Shirley Conservation-Area Phase 1_ and.Resolutions Nos. 621-2004 and/or 877-2006 -.Master Lists I and 11 Reports,;respectively;' and WHEREAS,, the following. property, 1000»127:00703.,Z-009.002,.as described in the Vt`Resolved,-is listed in Resolution No. 626-2004—Mastic/Shirley Conservation,Area Phase I I• and/or Resolutions Nos. 621-2004 andlor 877-2005 Master Lists 1 and/or 11 Reports, respectively; now,therefore be it 1gt AESO-.LVEp, that the County of Suffolk hereby approves-the acquisition of the, subject property set forth below under the New, Suffolk County Drinking Water Protection i Program, effective,as of December, 1; '2007; Open Space component, and'the Old Suffolk County Drinking Water 12.5D Program,.for a total purchase price of Three Hundred Forty-Qne- ` Thousand 'Seven Hundred Fifty Dollars ($341,750x-), Lot 009,002 total is Three. Hundred Twenty-Five Thousand Dollars ($326,000),. Lot 017:0.02 total is Sixteen Thousand Seven Hundred Fifty Dollars ($•16,760±), at Twenty,Five Thousand Dollars.($25;000) per acre for 0:67± l -acres, which cost is to be shared by the County of Suffolk and the Town, with the County, of Suffolk's share, totaling Two Hundred Sixty-Nine Thousand'`Nine Hundred Eighty-Two Dollars, and Fifty Cents ($269,982.50±);for a Seventy-Nine percent (79%) undivided interest; and,the Town's share, totaling Seventy One Thousand Seven Hundred .Sixty Seven Dollars and Fifty Cents ($71,767.50±), for a twenty-one percent (21%), undivided interest, subject to a final survey; and hereby authorizes additional expenses; which shall include, but not be limited to; the cost .of surveys, appralsals, environmental audits, .title reports and' insurance, and tax ,adjustments: SUFFOLK COUNTY REPUTED OWNER PARCEL: TAX MAP NUMBER: ACRES: AND ADDRESS: No. 1 District 1000 2.08+ Capital Asset Retirement Fund, LLC. Section 127:00,- &Tristate Capitai Holdings, LLC Block 03.00 37 Drew Drive Lot 009.002 Eastport, NY 11941 No. 2 District 1000 0.67+ Section 127.00 Block 08.00 Lot 017.002 and be it further 2 ,2nd RESOLVED, .that the Director of Real Estate and/or his designee, is hereby authorized,, .empowered, and .directed, pursuant .to Section C42-3(C')(3) of the SUFFOLK COUNTY CHARTER; to acquire the parcels) listed herein above.Jrom the-reputed owner, the funding for which shall ,be provided under,the New.Suffolk County Drinking Water- Protection Program, effective as of December 1, 2007, Open Space; component,,Section, C12-2(A)'(1) :of -the SUFFOLK,.CQUNTY CHARTER and under the Old Suffolk. County Drinking Water Protection Program, Section.CT2=5(D) of the SUFFOL'K COUNTY CHARTER;as-an!en#ed and affective as of November 30, 2000,-Two,Hundred Sixty Nine Thousand,Nine Hundred Eighty- Two Dollars and Fifty-.Cents,($269,082.50+); subject,to a final'survey; said amount representing the,County's share of.the'tot_al ? y , purchase price; and be it further 3r& 'RESOLVED,"that,the County Comptroller is hereby authorized to reserve,arid to 'pay $73,1.65.26+,.subject,to a final survey; from previously,appropriated'funds in capital project, 525-CAP-8714;2.11 for the New Suffolk County Drinking Water Protection_Prograrri, effective as. of-December 1, 2067, Open Space component; Section C12 2(A)(1) of the SUFFOLK COUNTY CHARTER-and pay$196;81.7.24+, subject:to a.final survey; from previously-appropriated funds in-MY-.176rPLNGBW1 .under the Old-Drinking Water Protection Program; Section,G12-5(D).of the SUFFOLK COUNTY CHARTER, as,"amended:and,effective,as of November 30, 2000, for f this acquisition; and be it further ; 4t" RESOLVED',.that the tittle fo-this acquisition shall be held by the County of Suffolk and the Town,as tenants-in-cornmon,with the County, owning a 79% undivided interest and the Town:owning a.21%undivided'interest'and be itfurther 5tp RESOLVED, that the Director of Real Ese and/or his designee; the'County Planning Department; and the County Department tat ent of Pub{ip Works.-Are hereby authorized; empowered,,and directed to-take such-actions,and to pay such additional expenses°as maybe necessary and appropriate .to consummate such-acquisition', including, but, not limited to, securing,appraisals,'title insurance and title reports; obtaining surveys„engineering reports and environmental audits, making tax adjustments and executing such otherA cument's as are required to acquire such'County interest in said la6ds;:6nd-be.it•`further- 6th RESOLVED, that pursuant to Section C12-2(A)(2)(c) this property is 'not to be developed and Zero (0) Workforce Housing Development Rights, representing'tfie County's percent (79%) interest in the total number�of development rights allocated to the property,,shall be removed and placed in the Suffolk County Workforce Housing Transfer sof, Development, Rights Program,registry pursuant to the.Workforce Housing Development Rights. Program.as developed by the Department of Planning, consistent with Resolution No. 412-2005, as amended, and,approved by.the Suffolk County Executive and the Suffolk County Legislature; and be it further 7th RESOLVED, that the acquisition of'such parcel(s) meets the following criteria as required under Section C'12-2(A)(1)of the SUFFOLK COUNTY CHARTER: b). lands within the watershed of the coastal stream, as determined by a reasonable planning or hydrological study; and be it further 8th RESOLVED, that the subject parcel(s) shall be transferred to .the County .Department of Parks, Recreation and Conservation for passive recreational use; and be it further 3 1 r g`" RESOLVED., that the .Director of Real Estate• anct/pr his designee ishereby authorized to negotiateand to enter into.any necessary,'collateral agreements with'the Town to ' effectuate the terms of this resolution; and'ae'it further 10�" RESOLVED, if desired, the ,C.pority'of Suffolk,Jhrough its Depariment'-of,•Parks, Recreation and Conservation is hereby, authorized to negotiate,and to' enter into•a,municipal cooperation agreement with;.the•Town for the-.management of.this acquisition, consisteht'with this program, and the,terrh§ .and conditions thereof shall be,-approved by'the Suffolk County Attorney in consultation'with�the respective:Commissioner of the County D'ep`artment of Parks, Recreation and Conservation, who, is charged with the ,management and operation of`said property;and be,it further 11`h RESOLVED,. that 1W above activity is 'an- unlisted action-'pursuant to the, •provisions of Title 6 NYCRR, Part 617; and be it further RESOLVED,.that the project will not have,a significant effect on the enyironmeht for the following Reasons: I the,proposed-action will'nof exceed any of the criteria of 6.NYCRR, i. Section 617.7, which sets forth thresholds for,=determining significant effecton the:environment;-as-demonstrated in the Envirohmental Assessment Form; aril 2;) 'the proposed.use,of,the-subject parcels)is passive recreation; and C3:)/ if not acquired, the p' will most likely be developed.for residential purposes; fncurring'far,greater environmental impact , that the proposed,acquisition'and'preseryation of the site Would have;and be it further i 13t" .RESOLVED, that in accordance with Section 450-5(C)(4) of the 'SUFFOLK COUNTY CODE, the Suffolk County Council on Environmental Quality is•hereby-directed to prepare and circulate any .appropriate notices or -determinations iri accordance with this •-resolution;.and'be-it further RESOLVED, that this Legislature, being the State,Environmental Quality Review Act (SEQRA) lead agency, hereby"finds and'determines that',this resolution constitutes a Type II Action pursuant to 6 NYCRR Sections 617.5(c)(20)'and (27.•)�of the New York Code of Rules and Regulations since such actions are simply legislative decisions;admini`s`tering._anci implementing the acquisition of property for passive park'purposes which will, mainly result in a berfeficial impact and for which SEQRA Determination of Non-Significance has, already been,issued in Suffolk County"Resolution No. 1083-2007. DATED: March 7, 2017 APPROVED 13Y: - County Executive of Suffolk County Date: MAR 3 2r"? 4 /// 11 / 11 ii•// /i/ 1/ I'll 1 /1 ••— •. MW • •• • • • • • • • •• • Y 1 t i€ - H.�-*c.2+.+4--._7.0'�{� S4i"»A.:_ - t.. �\'�:":�•: �' -_��., ::\: :.r:.r.)i�'"< C:' .f. v" t } ' rfLr ..,• �'{xt,�4wa; J s_ J l t, /Y ♦i1> ��F h. >i ,�(,i/'�' r.��'^.\' ` 't v 4.�, �,. \ r � S' r ,.:O' � � r ! :1 � e - 'r �•t `E� r �J Lk��►�4 I4 J 4 t r•' J � -:. Y r' 1 " t}� �,. r � �T � J I_i\. ,6 _ r ! ,j ! � „/, ��,,.I 1.J �-t 1.. u l \`. ,mt�:.,c,♦�i-\• \' is x \ 5� I% �r - l i_� r �i./� u I I � Yom- u' ����-� �`^� �" / �•z•)�'r I �" r^tK \ 1 /nf/ /!r'/./,�/ p ✓ i r.d � �`t. ra,}a��y a n C � �. \ �;5, i + �k�, 'r�•l '�� r Y i I i\ I f •IY� tr I I� � ! J�� ♦ �., r y6 1 �u 1 Y "Jj �.. .. }\ ¢•tybr♦ �. 4 /"'_y.rrN},'< r _ h 1'•I t I r4.y4 _ x�' �..ff �v-...a'�7 1 •r �r ...� �,� 1 ��r r �&" ( I i i I� '���. �+c.�,r£��\� �4�i"� � \ a { ; �`' ,,.r < r�� �� '`•r �*• I I � n, 1 I h �' `•`;5�\-,���!'Y.u:. ca_' l� '. r J � �ti✓�.. � \ oK\'S.r Y.�u'� 1 I � J I I '� _ ems` r, J �•�. c � \ - \j..': (�../- i ! /`, _ as �.�t��. � ",qtr_ I..�•. r/•.. �. c1•,.. /�:\...;� .A. 1 1 . •. ... � �• ��� •� ire - SUFFULK CQU\iTY 'Afs is to Cer.tiny That'I, JASON RICHBERG, Clerk of-the CounlY Lcgislafure County Legfs`tature of the County of Suffolk, have compared the foregoing RtVERHEAD;:Ny copy of resolution with,the•original resolution now on Mein this office,and .which was.duly_adopted by,the County Legislature of said County on y �EBis 'March 7, 2017 and tha(th@ same,is a twe and correct transcript of�said resolution.and of the whole thereof: y in Witness,'YVGtereof, I have hereunto set my.hand and the ' �. official seal of the County,Le islature,of fhe County 9 .. of Suffolk. the Legislature 3 Intro, Res: N.o. 1060-2017 Laid on Table 2/7120:47 Introduced by Presiding.Officer; on request of the County Executive and.Legislator Hahn RESOLUTION N0. 905 2017, - AUTHORIZING THE ACQUISITION OF LAND UNDER. 'THE NEIN SUFFOLK COUNTY DRINKING WATER, PROTECTION' PROGRAM (EFFECTIVE DECEMBER. 1, 2007) � OPEN. SPACE COMPONENT AND THE OLD SUFFOLK" COUNTY DRINKING WATER PROTECTION PROGRAM [C12-5(D)] FOR THE CAPITAL ASSET RETIREMENT FUND, LLIC PROPERTY — BRUSHES CREEK' --TOWN OF SOUTHOLD (SCTM NO. 1000- 127.00-08.00-01.7.003) WHEREAS, Local Law No: 24-2007, "A Charter-Law Extending and:Accele.rating the Suffolk County l% Drinking-'Wat'er: Protection Program for'Environmental Protection,"' Section C12-2(A)(1) 'authorized, the use of 31.10 percent of sales and compensating tax proceeds.,generated each year for environmental protection, as determined. by duiy enacted Resolutions of the Codnty of Suffolk; and WHEREAS, adequate funding is provided for, pursuant_to"Section 012-2(A)(1) of the SUFFOLK COUNTY CHARTER, from 31.10 percent of`the sales and compensating tax, proceeds,for the acquisition of such land; and WHEREAS, Article XII of,the,SUFFOLK COUNTY CHARTER.established the Old Suffolk County Drinking Water Protection Program; as amended and effective as of November 30, 2000,; the first priority of which being the acquisition,.of qualified lands to be, funded by revenues generated'by the-,quarterpercent (1L4%) sales and.compensating:use tax; and WHEREAS, 4n compliance.with Sections C12-3(B) and (C) of the SUFFOLK COUNTY CHARTER, as amended a.nd effective as of November 30,:2000, prior to the Division Director of the Division of. Real. Property Acquisition and Management entering into 'any- negotiations for the acquisition of, and consummation of acquisition of any such parcel,, the Board of Trustees of the.Department of Parks, Recreation and Conservation shall review and recommend its acquisition; and WHEREAS, adequate .funding is provided for; under the Old Suffolk County Drinking Water Protection Program, pursuant,to Section C12-5(D)_of Article XII of the SUFFOLK COUNTY CHARTER, as amended and effective as of November 30; 2000, for the acquisition of such land; and WHEREAS-, Resolution No. 877-2005 and Resolution No. 248-2015 authorized planning steps and Procedural Motion No. 5-2016 authorized the acquisition of said, property; and WHEREAS, the Town of Southold ("Town") has approved Resolution No. 2016- 791 on August 23;2016 authorizing the acquisition of,the subject property in partnership with the County of Suffolk;,and i I WHEREAS, .the.Environmental Trust Review Board has,reviewed the appraisals and the report of"the Internal Appraisal Review Board and has approved the purchase price and authorized the Director Pf Real Estate and%or,his,designee'to negotiate the acquisition;,and WHEREAS, based uponthe Environmental Trust Review Board approved value, am offer to acquire the subjectproperty was made #o and accepted by the owner of said property;-and , WHEREAS, contracts to acquire said,property were,prepared by the office of the County Attorney, executed.by the owner of the"subject property, the Town; and the Directof.of Real Estate' and/or his designee and approved as to legality by, the Office of the County Attorney;'and WHEREAS, on November0, 2007, Suffolk County; as"SEQRA Lead Agency,to Resolution No. 1083-2007, issued a SEQRA negative declaration In connection. with the proposed future acquisitions of properties for the preservation of open space for passive park ; purposes"as set forth in Resolution No: 625-2004— Mastic/Shirley Conservation Area,Phase"I i I and Resolutions Nos. 621-20.04 andlor 877-2005— Master Lists I and II"Reports,respectively; and WHEREAS, the,following property(s),'as described in the I"'Resolved, is.listed in Resolution N6. .625-2004 -- Mastic/Shirley Conservation Area Phase 1-and/or:Resolutioris Nos. 621-2004 and/or 877-2005 —Master Lists"I and/or II Reports, respectively; now, therefore be.it i 1s� RESOLVED;" that the County of.Suffolk hereby approves the acquisition of.the subject property set forth below under .the New "Suffolk`County Drinking Water Protection Program, effective:as of. December 1, 2007, Open Space component, and the Old Suffolk County Drinking Water 12.5(0) Program;fora total purchase price of Nine Hundred Thousand Dollars ($900,000), which cost is to beshared by, County" of Suffolk and the Town, with the. County of Suffolk's share,`totalirig Seven Hundred Eleven Thousand Dollars ($7,'11,000), for a seventy-nine percent (79%)' undivided interest; and the Town's share, totaling One Hundred Eighty-Nine-Thousand Dollars-($189,000)`, for a twenty-one percent (217%) undivided interest, subject to a final survey; and hereby authorizes additional expenses,which shall include,, but.not be-limited to,-the cost of surveys, appraisals,,environmental'.audits,'title reports and insurance, and tax adjustments: SUFFOL'KCOUNTY REPUTED OWNER PARCEL: TAX MAP NUMBER: ACRES: AND-,ADDRESS: No.'I District, 1,000 12:5+ Capital Asset Retirement Fund, LLC Section 127.00 37'Drew Drive Block 08.00 Eastport, NY 11941 Lot 017.003 and be it further 2hc' RESOLVED, that. the Director of Real Estate and/or his designee, is hereby authorized, empowered, and .directed, pursuant to Section C42-3(C)(3) of the SUFFOLK COUNTY CHARTER, to acquire the parcels) listed hereinabove from the reputed owner, the funding for which shall be provided under the New Suffolk County Drinking Water Protection Program, effective as of December 1, 2007, Open Space component, Section,C12-2(A)(1) of 2 i the SUFFOLK COUNTY :CHARTER and under the Old Suffolk .County Drinking Water Protection Program, Section C12-5(D) of the.SUFFOLK COUNTY'CHARTER; as..amended and effective as of November 30, 2000, for Seven Hundred Eleven Thousand Dollars($711,000), subject to a,final 'survey, said amount representing the County's sharaof the total purchase price; and be it further 3`d RESOLVED,.that the County Comptroller..is hereby authorized to reserveand to pay $192,681, subjectAd,=a.final survey, from previously appropriated funds in. capital project 525-CAP-8714.211 for the Nevv Suffolk County Qrinking Water Protections Program, effectiVe as of December 1,2007,.Open Space component, Section C12 2(A)(1) of the SUFFOLK COUNTY ; CHARTER,and pay $5.1'8;3319; subject to a final survey, from previously appropriated funds'in MY 176=PLNGBW1.under the'bId Drinking;Water,Protection Pr`dgram;;Section C12,5(D).ofthe SUFFOLK COUNTY CHARTER, as amended and effective as of November,30,,2000, for this acquisition; and be it;further 4t" :RESOLVED;that the title to this,acquisition shall be.held by the County of.Suffolk and thelown, as tenants-in-common,with the County, owning a 19%undivided interest and the Town owning a 21% undivided interest; and.be it`further St" RESOLVED, that the Director of Real Estate and/or his-,designee;, the.County, .Planning Department; and the County Department of Public Works are hereby 'authorized, ,empowered, and directed to take such actions andIo-pay such'additional expenses as may be necessary and appropriate to ,consummate such .acquisition, including,, but not limited to, securing appraisals, title insurance and title reports; obtaining surveys,engineering 'reports and environmental audits, making, tax adjustments and executing,such other documents as are .required to acquire-such County interest in said lands; and be it further RESOLVED, that pursuant to Section`C1°2-2(A)(2)(c) this property is not to be .developed and Two (2) Workforce Housing Development Rights, representing the County's .percent,(79%)interest in the total numberof'development,rights allocated to the property, shall be removed and placed in,the Suffolk County Workforce Housing Transfer of Development Rights Program registry pursuant to the Workforce Housing Development Rights Program -as developed by the Department of Planning•, consistent with Resolution No, 412-2005,.-as amended, and approved. by.the 'Suffolk County Executive and the Suffolk County Legislature; and be.it further, 7t" RESOLVED,, that,the acquisition-of such parcel(s) meets the following-criteria.as required under Section C12-2(A)(1),of the SUFFOLK.COUNTY CHARTER: b:) lands within the watershed,of the coastal stream, as determined by a reasonable planning or hydrological study; and be it further 8t" RESOLVED, that the subject parcel(s) shall be transferred to the County Department of Parks, Recreation and Conservation for passive recreational use', and be it further 9t" RESOLVED, that the Director of Real Estate and/or his designee is hereby 'authorized to negotiate and to enter into any necessary collateral agreements with the -T-own to -effectuate the terms of this resolution; and be itfurther 3 r 901h RESOLVED, if desired,`the;County-of Suffolk,-through'its Department of`Parks, Recreation and Conservation is hereby authorized to negotiate and to enter into"a municipal cooperation agreement with the Town-for"the;management of this.acquisition; consistent,with ,this ,program, and the" terms and coriditions:ther,"eof shall be approved by,' the Suffolk"County Attorney in consultation with'the respective`Commissioner 6f-1h6 County Department of Parks, j Recreation" and Conservation, who is' charged"with the management and "operation .of said property; and'be it further 11P RESOLVED,.thatAhis.Legislature; being the State Erivirohment"al Quality'Review Act(SEQRA) lead agency,-hereby,finds and determines that this resolution constitutes aType 11' Action pursuant to 6 NYCRR�Sectioiis"6t7,5(c)(20)and (27)of the New York;Code of Rules and �Regulafidhs since such actions ar&.s'imply legistative;decisiohi ,,tdrriinistering and implementing; ,the-acquisition of property for passive park.purposes which will mainly result in .a:beneficial" impact and for'which SEOkA determihation"of non-significance has already been issued in Suffolk County Resolution No. 1083-200.7. i DATED: March.7, 2017 � APPROVED BY: County Executive of Suffolk"'County I Date: MAR 1 3 2,097 t 4 Iii ii f•i1 i Ii .tI• - -s c 1 '� '�L !._"-r't�" ' y,.s" z. 1.� � � t.t��i�•..*'Y Y� �++,\ t�r\ , y 1 s �Y\\y �y_s ' � jiJ"y s � t.�p ; f �wb,, •. ��,„ ttr ) t y Y i 1 1'. � • v �. Z21'- .. \ n r i. • -� J. t _ `Vy� �S �G�� �V � J f r • i X 1. ..� _ ^1� / -34 �\ s.• r �f. ,r••�, Y +� ` ��a •, • �"�J� 't �, 3 I�•�'” ' '•.! \: I y a't r I �z s �t I I t�l%` •a:..y /R� /rri�rr.rG c-�c ��. r.� �`�� � .`yam. �,ly�.,.y,, u,; 1 v �j M Jr tr r yi.....+ sem 4 v y .,1: •S �' \ O .Y� t:a' J" aNy.aV; V r2,r`o.r''�T�!rq�a s t•� � ��✓�+�..�x i�\ { }; t t t f`.✓+r>��""�jf,i l/�rss t. t �a Y" �\ • -_.�.. ��'� t::ry �� � J.J Y"��r � sro��� � ,,w,�,,��Y'F G +. � � �r,-� Y�` �V'•,S '' � x� - f• l '"\n� t ! n \\`4;."'`�nV�'�frNc.�'. >,7'r�v��"_'i•3'\ � � 5 � "" .' _. oa \ PK'- cti` '.I t� - v, y\\V\ak` b s,R < 3+ �`Y p '�. 41• �, ry � i '+a$a''"•,n�*.Y��\t�Xar.'sJ,� * \, t ��. � y o gS. y r,�..f-` � ) r .f �s.��v�ey}��ti�+yh �.•` �7� 1' .e -.�s `r — $r. D � �+: � I °fit '\tip��n�\\4.�"�¢,�,�v�} `^V t,�.tcr -�/"'y �..•*s j �'�' y � •.c'`i k rn':���,, '.is c c �°x_��r.•�r�\ r-:�t�iyl.�'6� �y�4rY ._ r'' �; iy t k,*t r :; � f t t1 Ili •1 111 • � �r fir• - SUFFOLK COUNTY 91his isto;Certif.j 2lhat I,,JASOWRICHBERG, Clerk of the CoOnivIegislafdre County Legislature.of'the County of Suffolk; have.compared.the foregoing ; RIVERHEAD,'NY copy of:resolution.with the original resolution now on file`in this office,-and which was duly adopted by the.County Legislature of said County on March 7, 2017 and'that the same is a true and �Ot correct transcript of said resolution and.,of the whole thereof.- In Witness Whereof I have hereunto set my hand,and the w official seal of the County Legislature of the County of Suffolk. C OU C cit the;Le&lature k i - t `s Intro. Res. No. 1061-2017 Laid on,Table-2/7/2017 Introduced by Presiding Officer, on request of the County Executive and Legislator Hahn 'RESOLUTION NO.. 106,.,,.-2017, AUTHORIZING THE ACQUISITION OF LAND UNDER THE NEW SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM (EFFECTIVE DECEMBER' 1, 2007) — OPEN SPACE- COMPONENT AND THE OLD ,SUFFOLK* COUNTY DRINKING WATER PROTECTION PROGRAM JC12=5(D)] FOR, THE HALLOCK HOLDINGS CORP. PROPERTY—BRUSHES CREEK TOWN OF SOUTHOLD -- (SCTM NO. 1000-127:00-03.00- 010.003) WHEREAS, Local Law No. 24-2007, 'A Charter Law Extending and'Accelerating the Suffolk County %% Drinking Water Protection Program for Environmental Protection," ; Section C12-2(A)(1) authorized the use of '3110' percent of sales and compensating tax proceeds generated each .year for environmental protection, as determined by duly enacted Resolutionsof the County.of Suffolk; and WHEREAS, adequate funding is provided for, pursuant to Section C12-2(A)(1) of the SUFFOLK COUNTY CHARTER, from 31.10 percent .of the sales and compensating tax ' proceeds, for the acquisition of such land; and WHEREAS, Article XIl of the SUFFOLK COUNTY CHARTER established the Old Suffolk County Drinking Water Protection Program, as amended and effective as' of November 30, 2000, the first priority of which being the acquisition of qualified lands to be funded by revenues generated by the quarter percent(1/4%) sales and compensating use tax; and WHEREAS,, in compliance with Sections C12-3(B) and (C) of the SUFFOLK COUNTY CHARTER,,as amended and effective as of November 30,2000, prior to the Division Director of the Division of Real Property Acquisition and Management entering into any negotlations for the acquisition of, and consummation of acquisition of any such parcel, the Board.of Trustees of the.Department of Parks, Recreation and Conservation shall review and recommend its acquisition; and WHEREAS, adequate funding is, provided for, under the Old Suffolk County Drinking Water Protection Program, pursuant to Section'C12-5 (D) of Article XII of the SUFFOLK COUNTY CHARTER, as amended and effective as of November'30, 2000, for the acquisition of such land; and WHEREAS, Resolution No. 877-2005 and Resolution No. 248-2015 authorized planning steps,and Procedural Motion-No. 5-2016 authorized the acquisition of said property; and WHEREAS, the Town of Southold ("Town") has approved Resolution No. 2016- 791 on August 23, 2016 authorizing the acquisition of the subject property in partnership,with the County of Suffolk; and WHEREAS,the Environmental Trust Review Board has reviewed the appraisals -arid the report of the Internal Appraisal Review Board and has approved the purchase price and authorized the Director of'Real Estate and/or his designee to negotiate the acquisition;and WHEREAS, based upon the Environmental Trust Review Board approved value, 'an offer to acquire'.the subject property was made to and accepted by the owner of said property;and _ I ; WHEREAS;.contracts to acquire said.property were prepared by the office of the ; County Attorney, executed by, the owner of-the subject°property,-the Town, and the-,Director of Real Estate and/or his designee and approved as to legality by the Office of the County Attorney; and WHEREAS, on November 26,2007 Suffolk-County, as SEQRA'Lead.Agency, in + Resolution No. 1.083-2007, issued a SEQRA negative declaration in connection with. 'the proposed future acquisitlohs' of.properties for the preservation of open`.space for passive park. s purposes as set forth yin Resolution'No. 625-2004— Mastic/Shirley Conservation-Area.Phase I and Resolutions Nos, 621-2004 and/or,877-2005 -- Master Lists I and,ll-Reports, respectively; ; and WHEREAS, the following property(s), as described in the 1bt Resolved, is listed in Resolution. No. 625-2004-— Mastic/Shirley Conservation Area Phase I and/or Resolutions Nos. 621-200.4.and/or 87-7=2005— Master. Lists I and/or II Reports; respectively; now, therefore be it 1gt RESOLVED, thaf the County,of,Suffolk,hereby approves the.acquisition .of-the subject property set forth below under the New Suffolk County Drinking Water Protection Program, .effective as of December 1, 2007, Open Space, component, and the Old Suffolk, County Drinking Water 12-5(D) Program, for a total purchase price of Three Hundred Forty Thousand Dollers,($340,0.00),which cost is to be;shared.by the County of�Suffolk-and the Town, with the County of Suffolk's share, totaling Two Hundred Sixty-Eight Thousand Six Hundred Dollars ($268,600), for a Seventy Nine=percent'(79%) undivided interest; and the Town's share, totaling Seventy=One Thousand Four Hundred Dollars ($71,400), for a twenty-one percent- (21%) undivided interest, subjeot`to a final•survey; and hereby authorizes additional'expenses, which shall include, but not be limited to, the cost of suiveys, appraisals, environmental,audits, z `title reports,and insurance, and tax-adjustments: SUFFOLK COUNTY REPUTED OWNER PARCEL: TAX MAP NUMBER: ACRES, AND ADDRESS: No. 1 District 1000 1.8± Hallock Holding Corp. r Section 127.00 79 Washington Avenue Block 03:00 P.O. Box 302 Lot 010,003 South Jamesport, NY 11970 and be it further 2nd RESOLVED, that the Director of Real Estate and/or his designee, is hereby -authorized, empowered, and directed, pursuant to Section C42-3(C)(3) of the SUFFOLK COUNTY CHARTER, to acquire the parcel(s)' listed.herein above from the reputed owner, the funding for which,shall be provided under the New Suffolk County Drinking Water Protection Program, effective as of December 1, 2007, Open Space component, Section C12-2(A)(1) of _ 2 -the SUFFOLK COUNTY CHARTER for Seventy Two Thousand Seven Hundred Ninety Dollars and Sixty Cents and under the Old Suffolk.County Drinking Water Protection Program,Section C12-5(P) of the SUFFOLK COUNTY,. CHARTER, as amended and-effective."asof November 30, -2000, for One Hundred Ninety=Five Thousand Eight Hundred Nine Dollars.and Forty Cents. ($195,809.40), subject to a final survey; said amount representing the County's share-of the total purchase,price; and be it further -3`d RESOLVED; that the County Comptroller ls.hereby authorized'to."reserue and to pay $72,790:60, subject,t a final survey; from previously appropriated funds in capital project �. 525=CAR-8714.211 forthe.New Suffolk-County Drinking Water Protection Program,_effoctiveas 'of December 1, 2007, Open Space component, Section 012-2(A)(1) of the.SUFFOLK COUNTY -CHARTER and'pay$195f809A0, subject.to,a final survey, from previously appropriated funds in MY-176-PLNGBWI under the Old Drinking Water Protection Program, Section C,12=5(D)of the ZIIFFOL'K COUNTY CHARTER, as amended and effective as of November 30, 2000,fdr.this acquisition; and be it further 4th RESOLVED, that the title to this acquisition shall be held by the County-of i .Suffolk and the Town-, as tenants-in-common,with the County owning a 79% undivided interest and-the Town awning a 21°l° undivided;interest; and be,it further nth RESOLVED, that the Director of Real Estate and/or his designee; the County Planning Department; and the County Department of Public-Works, are hereby authorized, empowered, and directed to take such actions and to pay such-additional,expenses as maybe necessary and 'appropriate to 'consummate such acquisition; including, but not,limited. to, securing appraisals, title insurance and title reports, obtaining surveys, engineering regorts.and ; environmental 'audits, making tax adjustments and.executing such other documents•as are required,to acquire such County interest in said lands; and be it further • z 6th RESOLVED, that.pursuant to Section C12-2(A)(2)(c) this,property is not to be developed and Zero (0) Workforce. Housing Development Rights, representing the County's percent(79%)interest in the total number of development rights allocated to the property,'sh'all be removed and placed in "the.-Suffolk County Workforce Housing Transfer of Development Rights Program registry pursuant to the.Workforce Housing-Development-Rights Program' as .developed by=the. Department of Planning, consistent with Resolution No. 412-2005, -as, amended, and-approved by,the Suffolk County Executive and the Suffolk County Legislature;. and•be"it further 7th RESOLVED, that the acquisition of'such parcel(s) meets the following criteria as. required under Section'C12-2(A)(1) of the SUFFOLK COUNTY CHARTER: b.) lands within the watershed of the coastal stream, as determined by a reasonable planning or hydrological study;,and be it further 8th RESOLVED, that the subject parcel(s) shall be transferred to the County Department of Parks, Recreation and Conservation for passive recreational use; and be it further 9th RESOLVED, that the Director of Real Estate and/or his 'designee is hereby authorized to negotiate and to,enter into any necessary collateral agreements with the -town to effectuate the terms of this resolution; and be it further 3 -J oth RESOLVED,, if desired, the County of Suffolk, through its'Department of Parks, Recreation and Conservation is hereby authorized-to negotiate and to enter into 'a municipal cooperation agreement with the Town for the management of--this acquisition, consistent with this program, and the terms .and conditions thereof shall be-approved by the Suffolk County Attorney in consultation with the respective Commissioner of the County Departmeint.of.Parks, Recreation and Conservation, -Who is .charged, with the management and operation of said property; and be it further 17th RESOLVED, that-Ahis Legislature, being the State Environmental Quality Review Act iwSEQRA)lead agency, hereby finds and determines that-this resolution constitutes a Type II Action pursuant to 6 NYCRR Sections 617.6(c)(20) and(27j of the New York Code of Rules and Regulations-since such actions'are simply legislative decisions administering and implementing the acquisition.of property for passive park purposes which will mainly result in a beneficial impact and for which SEQRA Determination of Non-Significance has already been issued in Suffolk County Resolution No.,1083-2007, DATED:March 7, 2017 APPROVED BY: L County Executive of Suffolk County Date:. MAR $ 3 2017 t 4 . . IIr rr a ri r t1� 4 F � j�i.f !\ 'C//�i ll�v�� .,,J. i✓j7 �.F—t�s�: r� �.�` v t�.. \ d ` \ ': n `; ':ice\�'� - �V:Y� �, ��' l �}!.: • e ? I' t z, s\1; ,a. 7/ 7. C f m,. `` p i�"� q. d. + _ o .. fr y � + i�,• ' s c,y.s1 '� / / ��, vs�i/ 5. �' ° ''�+ ,t �y,, �. ">'� Y��� ,�t `� \•,e,E• ,I 1 � J'. < � /� �;/1/i � e � ,�o.. ` •z v -'�' 1.,-,.. ;ia.alwzar�/' 'ti` i �.•^ om TIO i -V'?� i`r'.0�t�� `t' v" y �4• ' r r�1 /�r , • L I 1 �., I Li—L 4 \ r s 1 ft tIt tl I{1 �� E361111IMM SUI'FULK COUNT 'Y This is to Cert ,Aat I,.JASON RICHBERG, Clerk of the County Legislature -County Legislature of the County of Suffolk, have compared the foregoing RIVERHEAD,I\Y copy of resolution with the original resolution now on file in this office,and which,was duty adopted,.by the County Legislature of said County.on t� LEG/s� March 7, 2017 and that the same is a true and correct transcript.of said resolution and of the whole thereof. w In'Witness-Whereof I have hereunto set my hand and the official`seal of the County Legislature of the County of Suffolk. C' of the Legislature 3 y . { Intro...Res. No. 1062-2017' Laid onTable 2/712017 Introduced by Presiding Officer,.on request of the County°ExecutiVe:and Legislator Hahn ,RESOLUTION NO: -107' =2017;. AUTHORIZING THE ACQUISITION OF LAND UNDER THE NEW I SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM (EFFECTIVE. DECEMBER, 1,. 2007) —' OPEN` SPACE COMPONENT.AND THE OLD:SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM [C,12-5(b)] - FOR THE JEFFRY HALLOC}f PROPERTY - BRUSHES CREEK (TOWN OF SOUTHOLD',—SCTM NO. 1000-127.00-03.00-010.002) WHEREAS, Local,Law No, 24-207, ,A Charter Lavin Ektending'and Accelerating the Suffolk County_ 1%4% Drinking Water, Protection Program for Environmental Protection,," Section C12-2(A)(1`) authorized ,the use of 31.10 percentof safes and comp;ensating tail proceeds, generated each year for,environmental protection, as,determfned,by duly enacted Resolutions of the County,of Suffolk, and WHEREAS, adequate funding is provided,for, pursuant to Section C12-2(A) lYof the SUFFOLK COUNTY CHARTER, from 31:10 percent of the sales and compensating tax proceeds,forthe acquisition of'such land;and `WHEREAS,.Article XII of the SUFFOLK.COUNTY CHARTER established the Old ,Suffolk County ,Drinking Water Protection Program,, as amended and effective as of — - November 30, 2000, the first priority of which being the acquisition of qualified lands to be funded,by revenues generated by-:the quarter percent (1/4%).sales and compensating use.tax; and WHEREAS,. in compliance .with Sections C12-3(B) and (C) of the SUFFOLK COUNTY CHARTER, as,amended and effective as of November 30, 2000, prior to,the,Division Director of the: Division of Real Property Acquisition and Management entering into any negotiations for the acquisition of, and ',consummation of-acquisition of any such parcel, the Board'of Trustees of the Department of Parks, Recreation and Conservation-shall review and. recommend its acquisition; and WHEREAS, 'adequate funding Is provided for, under the Old 'Suffolk County Drinking Water Protecfion Program, pursuant to Section C12-5(D) of Article XII of the SUFFOLK COUNTY CHARTER, as amended,and effective as of November 30,2000, for the_acquisition'of such land; and WHEREAS, Resolution No. 877-2005 and Resolution No. 2482015 authorized planning steps and Procedural Motion No. 5-2016 authorized the acquisition of said property; and WHEREAS, the Town of Southold ("Town") has approved Resolution No. 20i6- 791 on August 23, 2015 authorizing the acquisition of the subject property in partnership 'with the County of Suffolk; and WHEREAS, the Environmental Trust Review Board has reviewed the appraisals and the report of the Internal Appraisal Review Board and has.approved the purchase,price and authorized the Director of Real Estate and/%or his designee to negotiate the acquisition; and WHEREAS, based upon the Environmental Trus!Review Board approved value, an offer to -acquire the subject property-was.made .fo and accepted by the owner of said property;;and F WHEREAS, contracts to.acquire said property were,prepared by the office of the County. Attorney, executed by the owner of the subject-property, the Town-, and the. Director of Real Estate -and/or' his designee and approved as to 'legality by the Office of-the County Attorney;.and WHEREAS, on November 20, 2001, Suffolk County,.as-SEQRA Lead Agency, in i= Resolution No. 1083-2067; issued a SEQRA negative declaration in connection-with the proposed future-acquisitions of properties for,the preservation of open space for passive park 'purposes as set forth'in Resolution No. 625-2004 —Mastic/Shirley Conservation Area Phase I and Resolutions Nos..621-2004 and/or"877-2005•—Master Lists I-and ll Reports, respectively; and WHEREAS, the following,property_(s), as describes(in the 1,' Resolved, is,listed- in Resolution No. 625-2004 — Mastic/Shirley Coriseivation Area Phase 1 and/or Resolutions Nos.`621-2004.and/or 877-2005� Master Lists.I and/or. it Reports, respectively; now, therefore be it s , 1s' RESOLVED, that the County of Suffolk hereby`approves the -acquisition of.the subject property set forth- below under the New -Suffolk County Drinking Water Protection Program, effective as of December 1., 2007; Open Space component;, and the Old Suffolk i County'Drinking_Nater-12.5(D) Program, for a.total purchase price of Three Hundred Seventy- Five;Thousand Dollars ($376,000), which-cost Is to be shared by the County of Suffolk and'the I Town,;with the County of Suffolk's share, 'totaling Two Hundred Ninety-Six Thousand Two Hundred.Fifty,Dollars ($296;260), for-- seventy-nine percent (79%) undivided;interest; and-the Town's share, totaling-Seventy-Eight Thousand'Seven Hundred.Fifty Dollars ($78,750), for a twenty-one.percent (21%) undivided interest, subject to,a final survey;,and hereby authorizes additional expenses, which shall include, but not be1imited to, the cost of surveys, appraisals„ environmental audits,,title.reports and,insurance, and tax adjustments: t SUFFOLK COUNTY REPUTED OWNER PARCEL: TAX MAP NUMBER: ACRES: AND ADDRESS: No, 1 District 1000 3.4± Jeffry Hallock Section -127.00 79 Washington Avenue Block 03.00 P.O. Box 302. Lot 010.002 South Jamesport, NY 1,19.70 and be it further 2"a RESOLVED, that the Director of Real Estate and/or his designee, is hereby authorized, empowered, and directed, pursuant to Section C42-3(C)(3) of the SUFFOLK COUNTY CHARTER, to acquire the,parcel(s) listed herein above from the reputed owner, the funding for which shall be provided under the,'New Suffolk County Drinking Water Protection ,Program, effective as of December 1, 2007, Open Space component, Section C12-2(A)M,Of the SUFFOLK COUNTY CHARTER, for Eighty Thousand Two Hundred Eighty-Three` D011ars and Seventy-Five Cents ($80,283.75), and under the Old Suffolk County Drinking Water Protection Program, Section C12-5(D) of the SUFFOLK COUNTY CHARTER, as amended and c 2 effective-as of November 30,.2000, for a purchase price.of Two Hundred Fifteen Thousand Nine Hundred Sixty-Six Dollars and Twenty Five Cents ($215;966.25),-subject'to a final surveY;and, be'it further.`.subject to a final survey, said amount representing the County's share of tlie"total purchase price;and be it further i 3`d' RESOLVED, that the County Comptroller is hereby authorized to reserve and to , pay$72,790,60,-subject-to'a final survey, from prevlously appropriated funds,in capitaf_project j 525-CAP-8714.21.9 for the New Suffolk County Drinking Water Protection Program, effective as of December 1, 2007, Open Space component, Section C12=2(A)('1) of the SUFFOLK COUNTY CHARTER and pay$19,8;809.40,subject to a final survey,from previously appropriated funds in j MY-176,PLNG6W1 under the Old Drinking Water Protection Program, Section C,12!'5 of the ? `SUFFOLK COUNTY CHARTER, as amended and effective'as of November 30, 2000, for this :acquisition; and W it further RESOLVED, that the title to this acquisition shall be held by the County,of Suffolk ? and the Town; as tenants4ri-common,.with the Courity,owning a 71%undivided interest.and the Town owning a 21A/o undivided interest;,and be'it.'further- Stn RESOLVED, that the Director of Real Estate and/or his designee; the County ` Planning Department; and the County Department of Public Works are hereby authorized, empowered, and directed to take such actions and to-pay such additional expenses as may be necessary and ,appropriate.•to consummate such acquisition, including, but not limited to, securing appraisals, tiil6Ansurance and^title,reports,.obtaining .surveys,,engineering reports and environmental audits; making tax adjustments and executing such other documents as are required to acquire:such County interest,in said lands;and be it further 6th RESOLVED; that pursuant to.Section C12-2(A)(2)(c) this property is not to be - developed and Zero (0) Workforce; Housing Development .Rights,'representing-the-County's percent (79%) interest in the total number of development"rights allocated to the:pr6pedy'r shall ` be. removed''and placed in the Suffolk,County Workforce Housing Transfer of Development Rights,Program registry,pursuant to the Workforce. Housing Development Rights_Program as i developed by the "Department of Planning, consistent: with Resolution.Na. 412=2005., as ' -amended, and approved by the Suffolk County Executive and the.Suffolk County Legislature; and be'.it further 7th RESOLVED,-that'the acquisition of such,parcel(s) meets the following criteria as required under Section C12-2(A)(1) of the SUFFOLK COUNTY CHARTER: b.) lands within the-watershed-of,the coastal stream, as determined. by a reasonable-planning or hydrological study; and be it,further Stn RESOLVED, that the subject parcel(s) shall be transferred "to the County Department of Parks, Recreation and Conservation for passive recreational use; and be it further ,9th RESOLVED, that the Director of Real Estate and/or his designee is hereby authorized to negotiate and to enter into,any.necessary. collateral agreements with the Town to effectuate the terms of this resolution; and be it further 10th RESOLVED, if desired, the County of Suffolk, through its Department of Parks, Recreation and Conservation is hereby authorized to negotiate and to enter into a municipal 3 1 a cooperation agreement.with the Town for,the management:of this acquisition, consistent with this program, and 'the terms and conditions tilereof�shall, be approved by.the Suffolk County Attorney in.consultationwith the respective Commissioner of:the County Department of Parks,. Recreation and Conservation, who is charged with the management and operation:of said property; and be,it further ilth RESOLVED, that this'Legislature, being the State"Environmental Quality Review Act(SEQRA)lead agency, hereby finds and determines thatthis resolution constitutes a Type II Action pursuant to 6 NYCRR Sections 617:0(,c)(20)an'o.(27)of`the'New.York Code of Rules-and, Regulations since such actions are simply legislative decisions-administering and implerlienting the acquisition of property,for passive park purposes which will mainly result in a,beneficial impact'and.for which SEQRA Determination. of Non-Significance has already been issued in Suffolk County Resolution Na. 1083=200-7. DATED: March 7,,2017 i APPROVED BY; i County Executive of Suffolk County Date: MAR '1 3 2017 ` .x l , , 4 I f . . lii 11 +} iii fit • •. r - • ii I t' t r � - t 1 �„ -• .t �"-,Syw F'a•s..\ v j y �t b ".s y _ .:t,�N""" k 3 i T �W.,�:�//•"�.; 1 I,X— --".'=:(Jyr \ ,t � Hyl 7 O\ 't' Y ! � eft�vt'...��.i �,+JJI I ` v ..� >• \ --tom o n'C._,�_.L � `'�.r 2 +�•-ST� � -i� t 'ta, ;r' .I... � t -\ J a \ T \' C,r, t.' t y !�.ter+. }U`.0 �"" v� / h �� nr -�' B� i` ,�►, _ n3 l" 57 t'�•y.- Y �� r r K ?�t - :t S 'a <�`.n fL t'\`5� �. r����v - t �•- —17 at �..r;l tt� \al ryFf lti;< ati '' / lj -� . /..?�� ` � D�:Y ✓ r.. �aM fi d i 11 111 11 111 -- Intro;_Res: No. 1.063-201.7 Laid'on Table 21712017 Introduced by Presiding Officer, on "request of the.County.Executive and Legislator Hahn RESOLUTION NO. `108, -20'(7,. AUTHORIZING THE ACQUISITION 'OF LAND` UNDER; THE NEW SUFFOLK :COUNTY' DRINKING WATER -PROTECTION PROGRAM (EFFECTIVE DECEMBER 1, 2007) — OPEN SPACE F GOMIPONENT AND THE OLD SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM [C12-5(D)] - FOR THE TRISTATE CAPITAL.HOLDINGS, LLC PROPERTY—BRUSHES .CREEK - TOWN OF SOUTHOLD - (SCTM NO. 1000-127.00- 03.00-00$,000) WHEREAS,.Local=Law No. 24-2007, "A.Charter Law Extending and Accelerating the Suffolk.County %0/6 Drinking Water Protection Program for Environmental Protection," Section C12-2(A)(1) authorized. the use of .31.10 `percent of sales and compensating. fax proceeds generated each year for environmental protection, as,determined by,duly enacted Resolutions of the,County of Suffolk; and i WHEREAS, adequate`furiding is provided for, pursuant to`Section C12-2(A)(1)of the SUFFOLK COUNTY CHARTER, from 31.10 percent of the sales and compensating tax proceeds,-for the-acquisition of such land; and WHEREAS; Article XII of the .SUFFOLK COUNTY CHARTER established the Old. Suffolk County Drinking Water Protection Program, as amended and :effective. as, of November 30, 2000,,the first priority of which being the acquisition of qualified lands to- be ;funded by revenues generated by the quarter percent (11411/6) sales'and,compenseting use,tax; and ' WHEREAS; in compliance with Sections 'C12-3(B) and (C) of the: SUFFOLK COUNTY CHARTER, as.amended and effective as of November 30,,2000, prior to the Division Director of the Division of. Real Property Acquisition and Management entering into any negotiations for the acquisition of, -and consummation of acquisition of any suchparcel, the Board of Trustees of the Department of Parks, Recreation:and Conservation shall review and. recommend its acquisition; and WHEREAS, adequate funding is provided 'for, under,the Old "Suffolk County Drinking Water Protection Program, pursuant to Section C12-5(D)of Article,X11 of the SUFFOLK COUNTY CHARTER, as amended and effective as'of November 30, 2000,for the acquisition of .such land; and WHEREAS, Resolution No. 877-2005 and, Resolution .248-2015 authorized planning steps and Procedural Motion No. 5-201'6 authorized the acquisition of said property; and WHEREAS, -the Town of Southold ("Town") has approved Resolution No. 2016- 791 on August 23, 2016 authorizing the acquisition of the subject property in partnership with the County of Suffolk, and WHEREAS; the Environmental Trust Review Board has reviewed the appraisals and the report of the InternalAppraisalReview Board and has.approved the.purchase price and authorized the Director.of Reat Estate and/or his designee to negotiate the acquisition; and WHEREAS, based upon the Environmental Trust Review Board approvedvalue, an offer to acquire the subiect,property was made -to, and accepted by the owner of said property; and ; WHEREAS, contracts.to acquire-said property were prepared by the office of the County,Attprney, executed by the owner of the subject property, the Town, and the Director of Real Estate .and/or his designee .and approved as to legality by the Office of the County Attorney; and WHEREAS, ori November 20,2007, Suffolk,County, as SEQRA Lead Agency, in Resolution No. 1083-2007, issued a SEQRA negative declaration in connection with the proposed,future acquisitions of properties for the preservation.of open space for passive park 1 purposes as set forth in Resolution.No, 625-2004---Mastic/Shirley Conservation Area"Phase 1 and Resolutions Nos. 621-2004 and/or 877-2005 — Master Lists I_ and, 11 Reports, respectively; I and 'WHEREAS, the following property(s), as described in the 1St Resolved, is listed in Resolution No. 625-2004. — Mastic/Shirley Conservation Area Phase I and%or Resolutions `Nos. 621-2004 and/or 877.-2005— Master Lists 1 and/or 11 Reports, respectively; now, therefore be it F 1st RESOLVED, that the County of Suffolk hereby,approves-the acquisition, of the subject property set forth below under the New Suffolk County Drinking"Water Protection i Program, effective as of .December 1., =2007,":Open Space- component, and the Old Suffolk ! County Drinking (Nater 112,5(0) Program,,for a total purchase price of One Hundred Seventy- Five Thousand Dollars.($175,000),.which cost is to be shared by the County of Suffolk and the } Town, with the "County of Suffolk's share, totaling One Hundred Thirty"-Eight r Thousand Two Hundred Fifty Dollars ($138;250), for a'Seventy-Nine-percent,(79%) undivided interest; and the Town's share, totaling Thirty-Six Thousand Seven Hundred Fifty Dollars "($36,750),, for a ? Twenty-One,percent (21%)`undivided interest, subject to a,final survey; and hereby authorizes additional expenses, which shall include, but not.be limited to, the cost of surveys, appraisals, environmental-audits,title reports and insurance, and tax adjustments: SUFFOLK COUNTY 'REFUTED OWNER PARCEL: TAX MAP'NUMBER: ACRES': AND ADDRESS: ,No. 1 District 100,0 5.4+ acres Tristate.Capital Holdings, LLC Section' 127.00 37 Drew Drive Block, 03.00 Eastport, NY 11.941 Lot 008.000 and be it further 2nd RESOLVED, that the Director of-Real Estate and/or his designee, is hereby authorized, empowered, and directed, pursuant to Section C42-3(C)(3) of the SUFFOLK COUNTY CHARTER, to acquire the parcel(s) listed herein above from the reputed owner, the funding for which shall be provided under the New Suffolk .County Drinking Water Protection Program, effective as of December 1, 2007, Open Space component, Section C12-2(A)0) of 2 the SUFFOLK .COUNTY CHARTER,. for Thirty-Seven Thousand Four Hundred Sixty-Five Dollars and Severity-Five Cents ($37;465:75),,,and the "Old Suffolk. County Drinking;Water, Protection Program, Section C1275(D) of the SUFFOLK COUNTY CHARTER, as:amended and effective:as of November 30, 2000, for a purchase price of One Hundred',Thousand Seven Hundred Eighty Four Dollars and Twenty-Five Cents ($100,784.25), .subject to a final survey, sai 'amount"representing the County's share of the totai•purchase price; and be it further 3ra RESOLVED, that.the County Comptroller is hereby'authorized to,reserve and"to pay $37,465.75, subject to a final survey, from previously appropriated funds in.capital project 525-CAP-8714.21.1 for the New Suffolk'County Drinking"Water Protection.Program, effective as of December 1, 2007, Open Space component,Section C1"2=2(A),(1) of the SUFFOLK COUNTY CHARTER and pay.$100;784.26, subject to'd final survey",-from previously appropriated funds in MY-17&PLNGBW1, under.the,Old Drinking Water Protection Program,,Section C12=5(p) of the- SUFFOLK COUNTY CHARTER, as amended and effective'as of"November 30, 2000, for this acquisition;and be it further - r 4th RESOLVED', that, the. title Io this acquisition shall -be held by the County of Suffolk and the Town, as tenants-in-common; with the County owning a 19% undivided interest and,the Town owning'a'21%undivided interest;,and be it"further 6th RESOLVED; that_the'Director.of Real Estate and/or his designee; the•County Planning Department; and the County .Department of Public Works are hereby authorized, empowered, and directed,to;take such;actions,and to pay such additional expenses as maybe necessary and appropriate to consummate such" acquisition, including, but not limited to, securing appraisals,•tithe insurance and title reports, obtaining-surveys, engineering reports and ; environmental audits, making tax,adjustments-and executing such other" documents as are j required to acqulre'such County;interest in said.,jands; and be it further i 6th RESOLVED, that pursuant to Section C12-2(A)(2)(c) this property is not to be developed and Zero (0) Workforce Housing Development Rights,- representing the County's percent (79%)'Interest in the total number,of AeVelopment rights allocated to the property, shall be removed and placed in the_Suffolk County Workforce Housing Transfer of Development Rights Program registry pursuant to the Workforce Housing Development Rights Program-as developed 'by the Department.. of Planning,, consistent with Resolution No. 412-2005, as amended, 'and approved by the"Suffolk County-Executive and the Suffolk County Legislature; and be it further 7 i RESOLVED, that the acquisition of such parcel(s) meets the following.criteria as, required under Section C12-2(A)(1) of the SUFFOLK COUNTY CHARTER: b•) lands within the watershed,of the coastal-sVeam, as determined by a reasonable planning or Hydrological study; and be it further 8th RESOLVED, that the subject parcel(s) shall be `transferred to the County Department of Parks; Recreation and Conservation for passive recreational use; and be it further 9th RESOLVED, that the Director of Real Estate and/or his designee is 'hereby authorized to negotiate;and to enter into any necessary collateral agreements with the Town to effectuate the terms of this resolution; and be it further 3 iIP RESOLVED, if desired, the County, of_Suffolk,'through its Department of,Parks, Recreation and Conservation is hereby authorized to negotiate and to 'enter into a municipal -cooperation agreement with the Town for the.management of this acquisition, consistent with this program, and the,terms and conditions thereof shall be approved by the Suffolk'C,ounty Attorney in consultation with the respective Commissioner of the County Department of Parks, Recreation -and Conservation, who its charged with the management and operation of said ' property;and be if further 9'f"' RESOLVED,Ahat this Legislature,.being the State EnVironmental'Quality Review Act(SEQRA) lead agency, hereby finds,and determines that this resolution constitutes a Type li Action pursuant to S.NYCRR Sections 617.5(c)(20) and(27) of the New York Code of Rules and Regulations since such actions are simply legislative-decisions,administering and implementing the acquisitiotf of property for passive park purposes which will,mainly result in a beneficial impact and for which SEQRA Determination of Non=Significance has, already been;issued"in Suffolk County Resolution No. 1083=2007, DATED: March 7, 2017 APPROVED BY: County Executive of Suffolk County .Date: MAR 13 2017 4 t � a .. I. ^t: 1. a���,. � ��c� y,'a. ,,.. .,���a��SY` �✓dfr'�a{y Ir rt w �,. E1� t Y y * •ti4 �� 'x �S. �� _. y 717 `• ��, � Sit.J—h�;�... -�5�n `t r/�tr -' t 1� ct. "a 5� o t y-: lSt.f' � '1 _L_./ 1 7_.j= 'V4'`^� �� n�L t.r✓''.t _ �, Y-� p 5 ♦ � _ \ „-r t,-�•��I'' r M �^i.t�`r3 `� +� rte'` � �t 3, .:r'r .,� � . . .r"a ��I � ''.may.--I�✓�' 'ur' ' s� �' l v `t � ` r a sY`... t• 11 �ti�� Y.F ��. 1�v r n.� i �� 4y�1 ase- y`� �.��i'��✓,� ti / �;['r ' ^n � 1�"�'� ."�s h O r .>.tL� � r 3 Nu � it S 3 4 .{+: �` �'•� �. A•t,�� �� ti✓ it �3�.4a 4 ,� wt�e y�,f � . _�`.ky. t ZM - �ta.s o r. f � � �s�\ rR�'7.t.�t��r'��t � 3vs s�;fit aJr lr �� � �ff f �_ ��, _�*� ate' � s}. ✓�� i ^Y. M k"\.::. T .-4e.�M1 `�..`i` t 11 ft1 t{ {ft - W]"I OIX Cotjqq,ty Viis 4�to,Cer(ify ZffajAS0N RiCH.8ERG.,-Cleirk,df the C,6phty,Lqisismore C6uhty LegIslature,dfthe,C6untyof Suffolk, have compared the foreqbihg RIVE-19WEA.D,NY copy of fes0lutionwith the'original resolution now on filelin this ol`6ce,and which was duly'adoptdd by-the County Legislature-of sald'County on Marc-h-7, 2017 and that the same is'a true and correct traRstript of said (bgblUtioh and:OfJh6 wholejheteof. r. IW itn_ess�yfiereof, Yhave hereunio,set my:hand and the Official seal of the County-Legislature of the CountY of Suffolk. C CWV.the Legislature- E N V I R O N M E N T A L S U M M A R Y PHASE I ENVIRONA4ENTAL SITE ASSESSMENT for the property known as: Brushes Creek Town of Southold Lau reL ,New York Tax . ap Nos: 01000,A-2-7--3~8 01000- 127-3~9.2, '0100071�27�3�10:3;,0I000�127 3-� IO.2, -0; 000- 12.-8-17:`3 and 0100.0127-8- 1-7.2 =;.prepared for- i Count ' 'of Suffolk Departrrient of Economic Development acid Planning_ Division_of'Real-Property Acquisition .&..Maria erne'rit Lee°Denn-icon,B.u'Iding LQ0' Veterans 1Viemorial-Highway, P:O:T Box •6.100 au au e " New York 11788 ; /. prepareapy: = ` Cal ssoc` Engineering"• P an -'C' ,' , t-ru.ction Management 1200 Veterans Memorial Hig wa� au auge New York 11788== PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY KNOWN AS: BRUSHES CREEK TOWN OF SOUTHOLD LAUREL, NEW YORK TAX MAP NOS. 01000-127-3-8, 01000-127-3-9.2, 01000-127-3-10.3, 01000-127-3-10.2, 01000-127-8-17.3 AND 01000-127-8-17.2 EXECUTIVE SUMMARY Cashin Associates, P.C. (CA) has performed an evaluation of the parcels identified on the Town of Southold Real Property Tax Map, County of Suffolk, State of New York by Tax Map Numbers 01000-127-3-8, 01000-127-3-9.2, 01000-127-3-10.3, 01000-127-3-10.2, 01000-127-8- 17.3 and 01000-127-8-17.2 in accordance with the American Society,for Testing and Materials (ASTM) E 1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, and Suffolk County Department of Economic Development and Planning Site Assessment Criteria. The Phase I was prepared in follow-up to the County's Letter of Authorization dated September 7, 2016. The subject property consists of six undeveloped parcels totaling approximately 25.9 acres of primarily undeveloped woodlands and wetlands. The subject property lies along a tidal waterway known as Brushes Creek, which drains southward into Peconic Bay. Based on_the review of the historical data for the past 54 years, it appears that the subject property was never developed, except for a partially constructed building foundation in Cashin Associates, P.C. 0 Engineering a Planning a Construction Management 2004/2006 on lot 1000-127-3-10.2. Historical aerial photographs indicate that the subject property has consisted of woodlands, wetlands, and farm fields through the time period. Historically, the adjoining parcels have consisted of active agricultural lands, single family residential development and woodlands/wetlands. The surrounding areas have primarily consisted of active agricultural land to the east, residential and undeveloped land to the south, Brushes Creek and associated wetlands to the west, and agricultural land, residences and wetlands to the north. The shoreline of Great Peconic Bay lies within a half mile to the south. The results of the investigation found the following recognized environmental conditions associated with the subject property: Recognized Environmental Conditions (RECs) None identified. Historical Recognized Environmental Conditions None identified. Controlled Recognized Environmental Conditions None identified. Cashin Associates, P.C. 0 Engineering 0 Planning 0 Construction Management De Minimis Conditions a None identified. Business Environmental Risk Issues None identified. Other Environmental Issues: Current and Historic Agricultural Use: Due to the current and longtime historic agricultural use of portions of the subject and adjoining/nearby 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. Site specific investigation, including sampling of soils and groundwater, would be needed to determine if long-term on-site and adjacent agricultural use has affected soils and possibly groundwater at the site. Abandoned Septic System at Building Foundation: An abandoned septic system was found in vicinity of the partially constructed building foundation on lot 1000-127-3-10.2. This system should be properly closed by filling -it with clean fill material. Although the system was probably not even put into use because the building was not constructed, it should be checked to confirm that no materials were dumped into it. The system was observed with a cover intact; however, if the cover is removed the system could represent a safety hazard because of accidental fall and confined space entry risks. Cashin Associates, P.C. 0 Engineering a Planning 0 Construction Management The partially constructed building foundation on lot 1000-127-3-10.2 also represents a safety hazard and should be filled with clean fill material. Debris and Trash: Various areas of the site were observed to have piles of debris and trash. Dumping of landscape and organic debris appeared to be recent (year or less). Piles of car parts, building materials, wood/metal debris etc. appeared to be many years old. No hazardous materials, drums, cans, or other evidence of hazardous waste dumping were observed in the debris. Nevertheless, it is recommended that the debris be removed and properly disposed of, to discourage additional dumping at the site. If any hazardous materials are found during the removal, additional precautions should be taken in its removal, disposal and possible follow-up investigation. Cashin Associates, P.C. 0 Engineering 0 Planning 0 Construction Management i i f M ,t Ilk 1ye� w' . a ' IL tj �� t'WOAT iO Q�'MbV-A L A-T +4Re.EP,k., :w 0, 4 rF k`� hp �C a X`'i + , t.t e►; a .r � t*q t"Rs+�':�� op ww 'h ri• ` ,' �' .. �s ..r,: " �� 'i r��f+• .+lam `�. f � i�. '��t-fiM -,* r. °j r Tt 16�r 1�1a:�'G ,, �� f � ,� IYt�,N2��4 ` y• '�lf�4`��$ _� _. * , it •"' _ - '�`•� I A !14r' WNT Wall�� " I •t. 0212712017 10 : 4 f - r �•i M� f b 10 - ♦� "�ic L ♦ t .�. t\\\N\YY\\YY1Y.Y• 41 \\\\\\aer\\\\\\\\\ \�HfN�Mrfl�Ntlr f1�WtlY�M�Mr�\ EXCAVATING DEMOLITION DRAINAGE low- off W§10� W � 0133ffl1 � m 47' 6n,USCILtt"k c L 0 s I N G S T A T E M E N T CLOSING STATEMENT TRISTATE CAPITAL HOLDINGS, LLC—CAPITAL ASSET RETIREMENT FUND, LLC— JEFFRY HALLOCK— HALLOCK HOLDING CORP. - (individually, and collectively known as "Brushes Creek Properties") to COUNTY OF SUFFOLK (79% undivided interest) AND TOWN OF SOUTHOLD (21% undivided interest), as Tenants in Common Open Space Acquisition —23.5321 acres Premises: Brushes Creek Area, Laurel SCTM #1000-127.-3-8, #1000-127.-3-9.2, #1000-127.-3-10.2, #1000-127.-3-10.3, #1000-127.-8-17.2 and #1000-127.-8-17.3 Closing took place on Friday, April 20, 2018 at 10:00 a.m., Suffolk County Offices, H. Lee Dennison Building (2"d floor Main Conference Room), Hauppauge, New York - Overall Purchase Price of$ 2,133,577.50 disbursed as follows: Tristate Capital Holdings Corp. SCTM #1000-127.-3-8 (5.1734 acres) 2550 North Oakwood Drive, Laurel Payable to Tristate Capital Holdings Corp. $ 138,250.00 County Check#3807236 Payable to Tristate Capital Holdings Corp. $ 36,750.00 Town Check#135526 (4/10/2018) Total: $ 175,000.00* $ 175,000.00 Capital Asset Retirement Fund. LLC SCTM #1000-127.-3-9.2 (1.8333 acres) 560 Diachun Road, Laurel ' Payable to,Capital Asset Retirement Fund, LLC $ 256,750.00 ' Included in County Check#3807235 _ Payable to Capital Asset Retirement Fund, LLC $ 68,250.00 Town Check#135415 (4/10/2018) Total: $ 325,000.00* $ 325,000.00 Jeffry Hallock SCTM #1000-127.-3-10.2 (3.3625 acres) 430 Diachun Road, Laurel Payable to Jeffry Hallock $ 296,250.00 County Check#3807233 Payable to Jeffry Hallock $ 78,750.00 Town Check#135466 (4/10/2018) Total: $ 375,000.00* $ 375,000.00 Hallock Holding Corp. SCTM #1000-127.-3-10.3 (1.7289 acres) No# Diachun Road, Laurel Payable to Hallock Holding Corp. $ 268,600.00 County Check#3807232 Payable to Hallock Holding Corp. $ 71,400.00 Town Check#135465 (4/10/2018) Total: $ 340,000.00* $ 340,000.00 Capital Asset Retirement Fund, LLC SCTM #1000-127.-8-17.2 (0.7431 acre) 2295 Great Peconic Bay Boulevard, Laurel Payable to Capital Asset Retirement Fund, LLC $ 14,676.23 Included in County Check#9807235 Payable to Capital Asset Retirement Fund, LLC $ 3,901.27 Town Check#135414 (4/10/2018) Total: $ 18,577.50* $ 18,577.50 Capital Asset Retirement Fund, LLC SCTM #1000-127.-8-17.3 (10.6909 acres) _ 2445 Great Peconic Bay Boulevard, Laurel Payable to Capital Asset Retirement Fund, LLC $ 711,000.00 County Check#3807234- Payable 3807234 Payable to Capital Asset Retirement Fund, LLC $ 189,000.00 Town Check#135416 (4/10/2018) Total: $ 900,000.00* $ 900,000.00 Total Purchase Price for 6 lots = $ 2,133,577.50* *Purchase price split: 79% County of Suffolk= $ 1,685,526.23 21% Town of Southold = $ 448,051.27 $ 2,133,577.50 Expenses of Closing**: Appraisals** John S. Goess Realty, Inc. (lot 17.2) $ 1,750 Town's 21% share: $ 367.50 Glenn Gabberty (lot 8) $ 1,800 Town's 21% share: $ 378.00 Berger&Associates (lot 9.2) $ 1,450 Town's 21% share: $ 304.50 Glenn Gabberty (lot 9.2) $ 1,500 Town's 21% share: $ 315.00 Berger &Associates (lot 10.2) $ 1,450 Town's 21% share: $ 304.50 Glenn Gabberty (lot 10.2) $ 1,500 Town's 21% share: $ 315.00 James Taylor (lot 10.3) $ 2,000 Town's 21% share: $ 420.00 Glen Gabberty (lot 10.3) $ 1,500 Town's 21% share: $ 315.00 Lawrence Indimine Consulting (lot 17.3) $ 2,500 Town's 21% share: $ 525.00 James Taylor (lot 17.3) 2,000 Town's 21% share: $ 420.00 $ 17,450 Town's 21% share: $ 3,664.50 Environmental Report** Cashin Associates, PC $ 1,500 Town's 21% share: $ . • . 315.00 Surveys* - Young &Young-'(lot 8) $ 4,200 Town's 21% share $. :-.' 882.00 Young &Young (lot 9.2) $ 1,600 Town's 21% share: $ 336.00 Young &Young (lot 17.2) $ 1,400 Town's 21% share: $ 294.00 Young &Young (lot 17.3) $ 5,800 Town's 21% share: $ 1,218.00 Young &Young (lot 10.2) $ 1,600 Town's 21% share: $ 336.00 Young &Young (lot 10.3) 1,600 Town's 21% share: $ 336.00 $ 16,200 Town's 21% share $' 3,402.00 Title Reports** (#11065, #11066, #11068, #11069, #11079) Abstracts Inc: (lot 8)::': $ 936 Town's 21% share: .$,- 196:56 Abstracts Inc. (lots,9.2 & 17.2) $ 1,563 Town's 21% share: -$ 328.23 Abstracts Inc. (lot.10.2) :' „ $ 1,678 Town's 21% share: - ,$,-! Abstracts Inc' (lot 10.3) $ 1,548 Town's 21% share: $ • 325.08 Abstracts Inc. (lot 17.3) $ 3,494 Town's 21% share: $ _ ; 733.74 $ 9,219 Town's 21% share: $ 1,935.99 2007-2008 Real Property Tax Reimbursement** Tristate Capital Holdings Corp. (lot 8) $ 344.88 Town's 21% share: $ ' 72.42 Capital Asset Retirement Funds (lot 9.2 & 17.2) $ 517.30 Town's 21% share: $ 108.63 Capital Asset Retirement Funds (lot 17.3) $ 1,810.58 Town's 21% share: $ 380.22 Jeffry Hallock (lot 10.2) $ 2,672.75 Town's 21% share: $ 561.28 Hallock Holding Corp (lot 10.3) $ 1,379.48 Town's 21% share: $ 289.69 $ 6,724.99 Town's 21% share: $ 1,412.25 **Expenses totaling $51,093.99 split with County 79% ($40,364.25)/Town 21% ($10,729.74) Town Check#135827 (512212018)for 21% of closing expenses = $10,729.74 Payable to: County of Suffolk, Division of Real Property Acquisition & Management Those present at Closing: William Boulier, Esq. Attorney for Sellers—Capital Asset Retirement Fund, LLC - and Tristate Capital Holdings Corp. Jeffry Hallock Seller Charles Cuddy, Esq. Attorney for Sellers—Jeffry Hallock/Hallock Holding Corp. Robert Braun, Esq. Attorney for County of Suffolk Janet Longo County Land Acquisition Agent Phyllis Benincasa County Land Acquisition Agent Mary C. Wilson, Esq. Attorney for Town of Southold Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Administrative Assistant Wendy Stettine Title Closer for Abstracts, Incorporated I/� COUNTY OF SUFFOLK DIVISION OF REAL PROPERTY ACQUISITION AND MANAGEMENT SUFFOLK COUNTY OLD DRINKING WATER PROTECTION PROGRAM-12.51D AND NEW SUFFOLK COUNTY 1/4% DRINKING WATER PROTECTION PROGRAM-PAYGO CLOSING ADJUSTMENTS AND MEMORANDA 'PRESENT: FOR THE PURCHASER: FOR THE SELLER: COUNTY OF SUFFOLK by: ROBERT BRAUN, Deputy Bureau Chief, SELLER: TRISTATE CAPITAL HOLDINGS, LLC Municipal Law Bureau, Real Estate/Condemnation, Department of Law ATTORNEY: WILLIAM BOULIER, ESQ. PHYLLIS J. BENINCASA, Div. of Real Property TITLE COMPANY: ABSTRACTS, INC Acquisition and Management TITLE# 18-38-0150-11065 TOWN OF SOUTHOLD �J MARY WILSON, ATTORNEY CLOSER: CLOSING DATE: APRIL 20, 2018 PREMISES: 2550 NORTH OAKWOOD DRIVE, SOUTHOLD, NY PINE BARRENS CORE AREA: No TAX MAP#:1000-127.00-03.00-008.000 Credit to Purchaser- Credit to Seller Purchase Price$175,000.00 $175,000.00 ACREAGE: Total 5.1734 Acres Land Acquisition Costs Pro-rata real estate tax adjustment 2017/18 Real Estate Taxes$559.47= 365 Days=$1.5328 per day rate *$344.88 Total Credit to Seller DISBURSEMENTS BY PURCHASER BALANCE DUE SELLER PAID AS FOLLOWS Recording Deed N/A CHECK NO. AMOUNT PAYABLE TO Title Company Fee 3807236 $138,250.00 Tristate Capital Holdings, LLC Town of Southold $36,750.00 Tristate Capital Holdings, LLC *To be paid by separate voucher/check at a later date. 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'+ 17„Y' I I i I • 1 i i I p 0 0 B B • • • • • , I , _ TOWN OFSOUTHOLD - -AUDIT 04/10/2018 53095 MAIN ROAD,PO BOX 1179 - 'SOUTHOLD,NY'1191i-0959-" - CHECK -NO_. 13'5526 CUTCHOGUE,NY 11935 NAL BANK DATE AMOUNT ' So-5asrzla 04/10%201-9 $36;,750.00 -'THIRTY SIX';THOUSAND SEVEN HUNDRED "FIFTY AND 00/10,0 ,DOLLARS " AY TRISTATE CAPITAL HOLDINGS, LLC c TO THE 37 'DREW DRIVE G ORDER. EASTPORT NY- 11941 - 'y,�� �� L��C `^• _- ' 11' 1355 26}}' 1:0 2 140 5464 : 63 000004 0ji' _ J COUNTY OF SUFFOLK ' DIVISION OF REAL PROPERTY ACQUISITION AND MANAGEMENT OLD DRINKING WATER PROTECTION PROGRAM-12.5D AND NEW SUFFOLK COUNTY 1/40/6 DRINKING WATER PROTECTION PROGRAM-PAYGO CLOSING ADJUSTMENTS AND MEMORANDA PRESENT: FOR THE PURCHASER: FOR THE SELLER: COUNTY OF SUFFOLK by: ROBERT BRAUN, Deputy Bureau Chief, SELLER: Capital Asset Retirement Fund, LLC Municipal Law Bureau, Real Estate/Condemnation, Department of Law ATTORNEY: William Boulier, Esq. PHYLLIS J. BENINCASA, Div. of Real Property TITLE COMPANY: Abstracts, Inc. Acquisition and Management TITLE# 18-38-0150-11066 TOWN OF SOUTHOLD � /' MARY WILSON, ATTORNEY CLOSER: 7/Ue CLOSING DATE: April 20, 2018 PREMISES: 560 Diachun Road and Peconic Bay Blvd., Southold, NY PINE BARRENS CORE AREA: No TAX MAP#:1000-127.00-03.00-009.002 & 1000-127.00-08.00-017.002 Credit to Purchaser Credit to Seller Purchase Price$343,577.50 $343,577.50 -� ACREAGE: ' Total 2.5764 Acres Land Acquisition Costs Pro-rata real estate tax adjustment 2017/18 Real Estate Taxes Lot 9=$699.32+ Lot 17.2= $139.86=$839.18 = 365 Days=$2.2991 per day rate *$517.30 Total Credit to Seller Total Credit to Purchaser DISBURSEMENTS BY PURCHASER BALANCE DUE SELLER PAID AS FOLLOWS Recording Deed N/A CHECK NO. AMOUNT PAYABLE TO Title Company Fee 807235 $271,426.23 Capital Asset Retirement Fund, LLC Town of Southold $72,151.27 Capital Asset Retirement Fund, LLC *To be paid by separate voucher/check at a later date. 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"1'. �•} f-'�""Ta_, e�^,� �+ m-.4 ��e�- ren - �:.a'� � °t`� n� n„�'"�•"�',.;=xx�y ` �:� :.;c'$ :,�,�� '�i,'"".w. .` a,� � _ '�'�°�'-= '�_-,tea. �-� �'�,."`r ' w,.ry,s,i.";',�a��,�$��-Fes'-�,�f� -,.±+mei r€�a,€,-.n:`F�.-,`.iFa�: K•.i:.'.a r _ .`.�"-_C�....-. �+�'k�''ric� �Y `3ffi ham, `z;'F:�- �.,. ti5'-- .a�.v��,..' :,,�+ .;���4 11°003fi0723511° 9®0210,079120® 103721gb062q311 *See Reuses Side For Easy Opening Instru6ti®ni* Suffolk County Comptroller's Office 330 Center Drive ' Riverhead,NY 11901-3311 ' N 1 � N0. 003807235 . i CAPITAL ASSET RETIREMENT FUND, LLC 35 MERION CIRCLE ; WADING RIVER NY_ 11792__ _- TOWN OF SOUTHOLD VENDOR 003040 CAPITAL ASSET RETIREMENT 04/10/2018 CHECK 135415 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 041018B 2.1 ACRES-BRUSHES CREEK 68,250.00 TOTAL 68,250.00 VIL I�•rd ;F �•:•z` -w�`y�.' u^i {}•, ti+�•I?,r�t� 'E7o-i`'�}';j;7,. ke,,� Y'y'',t,�'���y`^�. I I 47 , t 5 it &e �.��-,'."'�•� �.rtty, hyjtx�%h.y ay.,:.r ¢�vaix. �•,•,t� f"•• I i ,14 ,tea c,,.111.�y,.+a. �^.• 1. � ..1:... ,t'`b�f a-• z.a°Tila ;. I; t Yy=t y i - r17. i/'.1$n •'a'?hi'H'Y�,,,,t.�'•ia a ltllz Nl7 tbi - ��iµh-.':.: 4.r 0 o I ' E I _ _________ TOWN OFSOUTHOLD AUDIT 04/10/2018 - 53095'MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11 97V-0959 CHECK NO'. 135415 THE SUFFOLK CO.,NATIONAL BANK CUTCHOGUE,NY 11935 1 DATE AMOUNT 50-5461214"- 04%10/2018 _$68,250.00 SIXTY EIGHT THOUSAND TWO HUNDRED_FTFTY 'AND' -00/100 DOLLARS ' AY CAPITAL ASSET _RETIREMENT rO o , 77-IE FUND, LLC o : O1tDER,' 37 DREW DRIVE 44, app EASTPORT NY 11941 no 13-5415 ►' 1:0 2 14054640: 63 000004 on- TOWN OF SO UTHOLD - VENDOR 003040 CAPITAL ASSET RETIREMENT 04/10/2018 CHECK 135414 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 041018 .7431 AC—BRUSHES CREEK 3, 901.27 TOTAL 3,901.27 r—' ,,, j a y '.ji g' sa'; I x�+�# 9J e'�j+R'' 4"'r +gab �'*.y�#'�r'•-r. I - ( "�yfi�•. i�,p.yi,.k+a-}��' �"„ .�' Y i is `3'.a:• -w v 94.'x'( +}'" ys•F}•[K3i-*° fC t �yH' •'.FY` �' �{'�f'*.��-•r,i�9:.�-3•L�ifr't'f ')•, i•''f+�tT't','+�.°'.�y�i, ay�"'fa:•.in �,- .. ,y.� .,r;.+` ��;g� <` t - "•�x�`Yw�i'i`thy '""" ,K m bF.� :PP' s t ...�.v}t•F't ;u k `f .f+ ryi`H; •�t: 3`X nj #I„j t,��LL;�1�,an;. ��.v'•�ra�'s F.t.' it'+ fi,v,�yc� `" �ti5 I ,'a• i 'r t, TOWN OF SOUTHOLD -AUDIT 04/10%201,8 . 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY'11971-0959 - CHECK NO. 135414THE SUFFOLK CO. = CUTCHOGUE,NY 101935 NAL BANK DATE AMOUNT 50-545/214 04/10/2018 $3,'901.27 THREE THOUSAND NINE HUNDRED ONE-AND 2'7/-100' DOLLARS AY CAPITAL ASSET RETIREMENT TO THE FUND, LLC �M � i ORDER 3 7 DREW DRIVE 'l' ~ Clio OF EASTPORT NY 11941 ��l lie 1354 14,1' 1:0 2 IL,05464i: 63 000004 Olin COUNTY OF SUFFOLK DIVISION OF REAL PROPERTY ACQUISITION AND MANAGEMENT SUFFOLK COUNTY OLD DRINKING WATER PROTECTION PROGRAM-12.51)AND NEW SUFFOLK COUNTY'/4% DRINKING WATER PROTECTION PROGRAM-PAYGO CLOSING ADJUSTMENTS AND MEMORANDA PRESENT: FOR THE PURCHASER: FOR THE SELLER: COUNTY OF SUFFOLK by: ROBERT BRAUN, Deputy Bureau Chief, SELLER: JEFFRY HALLOCK Municipal Law Bureau, Real Estate/Condemnation, Department of Law ATTORNEY: CHARLES R. CUDDY, ESQ. PHYLLIS. J. BENINCASA, Div. of Real Property TITLE COMPANY: ABSTRACTS, INC. Acquisition and Management TITLE# 14-38-0150-11070 TOWN OF SOUTHOLD „ /Q� Q S � MARY WILSON, ATTORNEY CLOSER. CLOSING DATE: APRIL 20, 2018 PREMISES:430 DIACHUN ROAD, SOUTHOLD, NY PINE BARRENS CORE AREA: No TAX MAP#:1000-127.00-03.00-010.002 Credit to Purchaser Credit to Seller Purchase Price$375,000.00 $375,000.00 ACREAGE: ' Total 3.3625 Acres Land Acquisition Costs Pro-rata real estate tax adjustment 2017/18 Real Estate Taxes$4,335.81 = 365 Days=$11.8789 per day rate *$2,672.75 Total Credit to Seller DISBURSEMENTS BY PURCHASER BALANCE DUE SELLER PAID AS FOLLOWS Recording Deed N/A CHECK NO AMOUNT PAYABLE TO Title Company Fee 3807233 $296,250.00 Jeffry Hallock Town of Southold $78,750.00 Jeffry Hallock *To be paid by separate voucher/check at a later date. 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".'. c: '` _ a-:-'yJ -w: i'„n.>,_t •: -':'" 1;P W It�St - _ � `, COlCAF2T�OhL`ERF j- tt47 R�ElE,A y l°. b`-�� as Ar Is- = ;; 'b"1 ',�,'� ^'•;�,�g;��u y��';�,�-.s,.� .. s.-=S'+�,:^.y�,{n 3 - '�-.".�;;�•�';�•._N_s`�".h:'�'� .--rte.;� ;== 'w' us j sr°E=^'>�"_'.". ..r�'?xy'`.��'_�•,:� "-n^'`- � } 11600380723311° E®02407912ao ii® a ? 2410629, i i *SG9 Reverse Side For Easy Opening Instructions* Suffolk County Comptroller's Office 330 Center Drive Riverhead, NY 11901-3311 W , N N0. 003807233 , JEFFRY HALLOCK 101 2ND STREET 4 _ SOUTH_JAMESPORT NY 1197.0 TOWN OF SOUTHOLD VENDOR 007923 JEFFRY HALLOCK 04/10/2018 CHECK 135466 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION _ AMOUNT CM, %.8660.2.600.100 040318 3.4 ACRES-BRUSHES CREEK 78,750.00 1 ;TOTAL 78,750.00 _ r=• - - td+t���,•i:. -d�'a�''}i��T s���1}1 '�' ibGt i a.e✓�Ylm• ^•nx*,-.. $.+t�.,; t 'N.i k.�"t+va., 'f.trtr:.t`t �+ `�., —r�a- - 9r i•, -1~�+zYt'�!`r11{rce1�� 48, •4ak.;I,,,,ly kr 1.{?:�}P� '�iM1-"' I` f. " I` F. •�. �: + kms'-�;� [?= 1,�'��T���"r•�.+ Ge {"\ L1 c • I G '1sH� $mil�q �.y.�•.'.` t.I"`L�+t+i:F " +^'^�'�' 'f.+ k .,`1 .�tz. ..�+ 4'n. �;,�';�`}-+'r;3;} �s!,ar- �-d�%I�'•e}•' kp�t § f. 1 11 .1 ri } I 0 I ' I 1 I TOWN OFSOUTHOLD AUDIT 04/10/2018 53095 MAIN ROAD,PO BOX 1179 - SOUTHOLD,NY 11971.0959 CHECK -NO. 135466 THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT 50-546/214 - 04/10/2018 $78,-750.00 'SEVENTY EIGHT THOUSAND SEVEN HUNDRED- FIFTY AND 00./1'00 'DOLLARS- PAY JEFFRY HALLOCK TO THE 101 -2ND STREET ORDER SOUTH- aAMESPORT-NY 11970 Pyg ii' 135466ii° 1:0 2 L4054644 63 000004 Ons COUNTY OF SUFFOLK DIVISION OF REAL PROPERTY ACQUISITION AND MANAGEMENT SUFFOLK COUNTY OLD DRINKING WATER PROTECTION PROGRAM-12.513& - l NEW SUFFOLK COUNTY%% DRINKING WATER PROTECTION PROGRAM-PAYGO ? PRESENT: CLOSING ADJUSTMENTS AND MEMORANDA `- FOR THE PURCHASER: FOR THE SELLER: COUNTY OF SUFFOLK by: ROBERT BRAUN, Deputy Bureau-Chief, SELLER: HALLOCK HOLDING CORP. Municipal Law Bureau, Real Estate/Condemnation, Department of Law ATTORNEY: CHARLES R. CUDDY, ESQ. PHYLLIS J. BENINCASA, Div. of Real Property TITLE COMPANY: _ABSTRACTS. INC. Acquisition and Management TITLE# 18-38-0150-11069 TOWN OF SOUTHOLD C, } n MARY WILSON, ATTORNEY CLOSER:6J�'/�il' 7 CLOSING DATE: APRIL 20, 2018 PREMISES: 0 DIACHUN ROAD, SOUTHOLD, NY PINE BARRENS CORE AREA: No TAX-MAP#:1000-127.00-03.00-010.003 Credit to Purchaser Credit to Seller Purchase Price$340,000.00 $340,000.00 ACREAGE: Total 1.7289 Acres Land Acquisition Costs Pro-rata real estate tax adjustment 2017/18 Real Estate Taxes$2,237.83 365 Days=$6.1310 per day rate *$1,379.48 Total Credit to Seller DISBURSEMENTS BY PURCHASER BALANCE DUE SELLER PAID AS FOLLOWS Recording Deed N/A CHECK NO. AMOUNT PAYABLE TO Title Company Fee 3807232 $268,600.00 Hallock Holding Corp. Town of Southold $71,400.00 Hallock Holding Corp. *To be paid by separate voucher/check at a later date. April 20, 2018 to November 30, 2018—225 days x$6.1310=$1,379.48* cc: Theresa Ward, Commissioner& Deputy County Executive, Department of Economic Development& Planning Louis Bekofsky, Deputy Commissioner, Department of Economic Development& Planning Sarah Lansdale, Director, Division of Planning Janet Longo, Supervisor, Division of Real Property Acquisition & Mgmt. Karen Slater, Chief Accountant, Economic Development& Planning Lauretta Fischer, Chief Environmental Analyst, Division of Planning John Corral, Planner, Division of Planning Peggy DeKams, Division of Real Property Acquisition &Mgmt. 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M, _n __Me M-2-1 11600 3BO ? 2 a 206 8-00 2 1 1�0 ?9 1 20a' 11" 3 ? 2 4 10 P3 2 911113 *See Reverse Side For Easy Opening Instructions* Suffolk County Comptroller's Office 330 Center Drive P,iverhead, NY 11901-3311 NO. 003807232 HALLOCK HOLDING CORPOkATION 101 2ND STREET SOUTH JAMESPORT NY 11970 '.. 07 TOWN OF SOUTHOLD VENDOR 007922 HALLOCK HOLDING CORP. 04/10/2018 CHECK 135465 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2..600.100 040318 1.8 ACRES-BRUSHES CREEK 71,400.00 TOTAL 71,400.00 ' I r �""`• Rm ILE" ' ;c ..t+ p Mii c'-3.ei{. t {i"I..t ♦�+ S•*'u' skTn .tr '• j�C ax 1 "A4 N1 ba, .. i .i. *11,81 o I - � I /I I i TOWN OF SOUTHOLD AUDIT 04/10/2018 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971.0959 CHECK NO. 135465 THE SUFFOLK C .CUTCHOGUE,NY 1r1935 NAL BANK DATE AMOUNT 50-5461214 - 0411:0/2018 $71,400.00 SEVENTY ONE THOUSAND FOUR- HUNDRED AND 000.00 DOLLARS I, AY HALLOCK HOLDING CORP. o TO THE PO BOX 3 0 2 CA I - I ORDER 3:01SECOND STREET' O� I SOUTH JAMESPORT NY 11970 11' 13SL GSu' i:02 L405464i: 63 000004 Oji' r COUNTY OF SUFFOLK DIVISION OF REAL PROPERTY ACQUISITION AND MANAGEMENT SUFFOLK COUNTY OLD DRINKING WATER PROTECTION PROGRAM 12.5D AND NEW SUFFOLK COUNTY 1/4% DRINKING WATER PROTECTION PROGRAM-PAYGO CLOSING ADJUSTMENTS AND MEMORANDA PRESENT: FOR THE PURCHASER: FOR THE SELLER: COUNTY OF SUFFOLK by: ROBERT BRAUN, Deputy Bureau Chief, SELLER: Capital Asset Retirement Fund, LLC Municipal Law Bureau, Real Estate/Condemnation, Department of Law ATTORNEY: William Boulier, Esq. PHYLLIS. J. BENINCASA, Div. of Real Property TITLE COMPANY: Abstracts, Inc. Acquisition and Management TITLE# 18`-38-01500-11068 TOWN OF SOUTHOLD MARY WILSON, ATTORNEY CLOSER: tie4: +' �—lG A// CLOSINGDATE: APRIL 20, 2018 PREMISES: 245 Great Peconic Bay Blvd., Southold, NY PINE BARRENS CORE AREA: No TAX MAP#:1000-127.00-08.00-017.003 Credit to Purchaser Credit to Seller Purchase Price$900,000.00 $900,000.00 -ACREAGE: Total 10.6909 Acres Land Acquisition Costs Pro-rata real estate tax adjustment 2017/18 Real Estate Taxes$2,937.14 365 Days=$8.0470 per day rate *$1,810.58 Total Credit to Purchaser DISBURSEMENTS BY PURCHASER BALANCE DUE SELLER PAID AS FOLLOWS Recording Deed N/A CHECK NO. AMOUNT PAYABLE TO Title Company Fee 3807234 $711,000.00 Capital Asset Retirement Fund, LLC Town of Southold $189,000.00 Capital Asset Retirement Fund, LLC *To be paid by separate voucher/check at a later date. April 20 to November 30, 2018=225 days x$8.0470=$1,810.58* cc: Theresa Ward, Commissioner& Deputy County Executive, Department of Economic Development& Planning Louis Bekofsky, Deputy Commissioner, Department of Economic Development& Planning Sarah Lansdale, Director, Division of Planning Janet Longo, Supervisor, Division of Real Property Acquisition & Mgmt. { Karen Slater, Chief Accountant, Economic Development& Planning s r Lauretta Fischer, Chief Environmental Analyst, Division of Planning John Corral, Planner, Division of Planning Peggy DeKams, Division of Real Property Acquisition &Mgmt. N�,>,a'�'c": .;:- ;fit,-. t;;,r.. ,�- -o, - - {,_ _ ~iia= -;:a.=�,C'"--:-- -- r vT %z'-: ,:v h Y�,;y: �rc'v b' a ` ', ax' :4-'s,. 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' 1160038072aii® oa0214079120 Ila 7 2 410 6 2 9 3116 *See Reverse Side For Eases Opening Instructions-` Suffolk County Comptroller's Office 330 Center Drive A Riverhead, NY 11901-3311 w N C N0. 003807234 r CAPITAL ASSET RETIREMENT FUND, LLC 35 MERION CIRCLE WADING__RIVER NY 11792 • Sd E° •� '� •3® ANY` r TOWN OF SOUTHOLD VENDOR 003040 CAPITAL ASSET RETIREMENT 04/10/2018 CHECK 135416 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 041018C 12.5 ACRES-BRUSHES CREEK 189, 000.00 j TOTAL 189,000.00 a tps� kIyi� p+ S i i•- ..jrw te� •• r_'•'y MA'c'li l.._r1• is la jt Via'• i.4ky' '+ w3r� r+-`?4`j'�. x`•�,"' z. 1 "tam � � �>~, '�ar`,�,t, ,. 2�,� d'�•-,,cam ';-�, FS�'� �'a�.t+� pit '}.:r i�g�'�:' ;a *�• }'''.�`• -�:a�'•"�; �• - —®— �— ' f s,ax•or �.'�'--V^�: •�?{�', "�+=�Ya !'-',.'+�.:yy.��;{w,. •' S•4 ,ice.: � i .. - `� °"s�:.+' na-�;+• ,��}xzln j�_}tit'�'te�'`r^ ���� �., ' '� '��+ra,�` �,.:;ys�+•a•.,-. "4��'r,�Y�;n,G'�:,t7,aa` �`Y • e•ti i � a,Gf'�"�,�,t�� z�.w K�jh'��a.�,.c SahFt4"�'�%+T Acv � � . { . t,„rr`'=• n i :.;It t=a+•y}a�;�"•,iy:tr 4 +•zo-, _ ' S{ Com+ �F6 ,E, rim t .� x�-k '.c . °+ F� =t<�^a1•f�v '�H-:. x. t rl , qp 41 I I 53095 MAIN RO ,TOWN OFSOUTHOLD AUDIT i 04/10/18- SOUTHOLD,'NY 1 9710-0 591179 - - ' CHECK NO;- 1�5416 THE CUTCHO UEK NY1935 0r1NAL BANK DATE AMOUNT 50-546/214 04%10/2018 $289,000.00 ONE -HUNDRED EIGHTY NINE THOUSAND AND' 00/100 DOLLAR'S - AY CAPITAL ASSET RETIREMENT o y� rO THE - FUND, 'LLC wo ORDER. 37 DREW DRIVE - *4 EASTPORT NY 11941 �� A00" 11. 1354 16ii' 1:0 2 140 54641: 63 000004 Olin ' 1 TOWN OF SOUTHOLD ; ' I I VENDOR 003673 COUNTY OF SUFFOLK-REAL PROPRTY 05/22/2018 CHECK 135827 i t FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT I CM .8660.2.600.100 050718 APPRAISALS-BRUSHES CREEK 3,664.50 i CM .8660.2.600.1.00 050718 \,ESA ENRNMNT-BRUSHS CREEK 315.00 �1! CM .8660.2.600.100 050718 SURVEYS-BRUSHES CREEK 3,402.00 t'a CM .8660.2.600.100 050718 TAX REIMB-BRUSHES CREEK 1,412.25, i c CM .8660.2.600:100 050718 TITLE INS-BRUSHES CREEK 1,935.99 i s .rO , I r• Elm- TOTAL 10,729.74 Fo —may_ \\ � � S� �� •r„j„�'-� H Fly,-� i ,`�. ,� ll _ik Id Qk . I I •C. I / � I I 7 1• A"- wFammomm�� 3. v I, TOWN OF AUDIT 05/22/18-', ; 53095 MAIN ROAD,PO BOX 1179;'+ •+ - t ` SOUTHOLO,NY'11971=0959 CHECK'NO. ;1 5 1 I THE SUFFOLK'C0.NATIONAL BANK t CUTCHOGUE,NY 11935 DATE AMOUNT" _ ;• a "•1 + 50.54 /21,4 ` 05%22/2018 "' $10"'-.729"74 ' 'TEN+;TITOUSAfiTD. SEVEN HUNDRED'',TWENTY 'NINE` AND't70100:-DOLLAR ,' '`. --\Oso 3`• _,�� ' _ ', L'` I }' PAY COUNTY OF SUFFOLK-RE ��. AL PROPRTY - o- i TO THE _'ACQUISITIONr AND e MAN7�GEME_NT aRDER PO Bo),:. 10 0 HAUPPAUGE NY 11788-0099 f �i' LISa27110 1:0 2 140 54641: 63 ' D00004 0 COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven BelIone SUFFOLK COUNTY EXECUTIVE Mason Smagin Division of Real Property Acquisition Director and Management Town of Southold REVISED May 17, 2018 Land Preservation Dept. Attention - Melanie Doroski, Sr. Administrative Assistant P.O. Box 1179 Southold, NY 11971 Site- Brushes Creek Sites, Close Date 04/20/2018 Partnership Acquisition; County of Suffolk 79% int. &Town of Southold, 21% int- as tenants in common Tax Map No.: 1000-127.00-03.00-008.000 Tax Map No.. 1000-127.00-03.00-009.002 Tax Map No: 1000-127.00-08.00-017.002 Tax Map No.: 1000-127.00-08.00-017.003 Tax Map No 1000-127.00-03.00-010.002 Tax Map No.: 1000-127.00-03.00-010.003 REVISED TO SHOW CORRECTED APPRAISAL COMPANIES AND FEES Expenses paid by Suffolk County to date are as follows; (documentation attached/follow) Southold Name of Company Item Wed amount Town's 21% share John S. Goess Realty, Inc Appraisal - $1,750 - Lot 17.2 $367.50 Glenn Gabberty Appraisal - $1,800- Lot 8 $378.00 Berger&Associates Appraisal - $1,450- Lot 9.2 $304.50 Glenn Gabberty Appraisal - $1,500 - Lot 9.2 $315.00 Berger&Associates Appraisal - $1,450- Lot 10.2 $304.50 Glenn Gabberty Appraisal - $1,500- Lot 10.2 $315.00 James Taylor Appraisal - $2,000-Lot 10.3 $420.00 Glenn Gabberty Appraisal - $1,500-Lot 10.3 $315.00 Lawrence Indimine Consulting Appraisal - $2,500 - Lot 17.3 $525.00 James Taylor Appraisal - $2,000-Lot 17.3 $420.00 APPRAISALS $17,450 $3,664.50 Totals* Cashin Associates, PC Phase I Enviro- $1,500 six lots $ 315.00 Total Young & Young Survey $4,200 - Lot 8 $882.00 Young &Young Survey $1,600- Lot 9.2 $336.00 Young &Young Survey $1,400 - Lot 17.2 $29400 H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,2"d FI■ P O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 N (631)853-5972 Young &Young Survey $5,800- Lot 17.3 $1,218.00 Young &Young Survey $1,600 - Lot 10.2 $336.00 Young &Young Surrey $1,600 - Lot 10.3 $336.00 SURVEYS $16,200 $3,402.00 Totals 2017/18 Pro Rata RE taxes Refund $344.88 Lot- 8 $72.42 2017/18 Pro Rata RE taxes Refund $517.30 Lot—9.2 &17.2 $108.63 2017/18 Pro Rata RE taxes Refund $2,672.75 Lot— 10.2 $561.28 2017/18 Pro Rata RE taxes Refund $1,379.48 Lot— 10.3 $289.69 2017/18 Pro Rata RE taxes Refund $1,810.58 Lot-17.3 $380.22 Pro-Rata tax refunds to owners $6,724.99 $1,412.25 Total Abstracts Inc. Title Policy $936.—Lot- 8 $196.56 Abstracts Inc. Title Policy $1,563. -Lot-9.2 & 17.2 $328.23 Abstracts Inc. Title Policy $1,678.—Lot- 10.2 $352.38 Abstracts Inc. Title Policy $1,548.—Lot- 10.3 $325.08 Abstracts Inc. Title Policy $3,494.—Lot- 17._3 $733.74 Title policies $9,219.00 $1,935.99 Total 21%of total Expenses- Southold 21%share owed = $10,729.74 Please make check payable to ; County of Suffolk,Division of Real Property Acquisition&Management for X10,729.74 When mailing your check to the County of Suffolk,please mail to the address below to my attention. If you have any questions please don't hesitate to call me, 631-853-5803. Sin r , P ' s J. Benincasa Encls.(Invoices and approved charges) Acquisition Agent Cc Janet Longo Acq,Karen Slater,accig Melissa Spiro, Southold H.LEE DENNISON BLDG a 100 VETERANS MEMORIAL HWY,2n'FI■ P.O BOX 6100 a HAUPPAUGE,NY 11788-0099■(631)853-5972 COUNTY OF SUFFOLK r Ga Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Mr. John Goess John S. Goess Realty Appraisal, Inc. 28 Donna Place East Islip, NY 11730 RE: Site: Brushes Creek Owner: Capital Asset Retirement Fund, LLC and Tristate Capital Holdings, LLC Tax Map Numbers: 1000-127.00-08.00-017.002 Old Drinking Water Protection — 12.5D Dear Mr. Goess: We reviewed your July 30, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$1,750. Your report should be prepared in accordance with your fee proposal. Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04565725. Your contact for access is Josef Mangiarina, 631-871-2300. Please call or email to confirm your receipt of this authorization letter; fred.ford@suffolkcountyny gov. Yours truly, Fred Ford, Senior Appraisal Reviewer H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI ■ P O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Mr. Glenn A. Gabberty, RM, SRA C/O Glenn A. Gabberty Appraisals, Inc. 19 Lt. John Olsen Lane St. James, NY 11780 RE: Site: Brushes Creek Owner: Tristate Capital Holdings, LLC Tax Map Numbers: 1000-127.00-03.00-008.000 Resolution # 877-2005 (Master List) and 248-2015 i Dear Mr. Gabberty: We reviewed your July 29, 2015 fee proposal for the captioned property We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$1,800. Your report should be prepared in accordance with your fee proposal. Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached,Suffolk County Payment Voucher#0456723. No other voucher will authorize payment of your fee. Your appraisal should be certified to both the Town of Brookhaven along with Suffolk County. Your contact for access is Josef Mangiarina, phone 631-871-2300. Please call or email to confirm your receipt of this authorization letter-, fred.ford@suffolkcountyny.gov. Yours truly, Fred Ford, Senior Appraisal Reviewer H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI ■ P.O BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK �- (tem, *P17w Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Berger&Associates Appraisers, LLC 20 Dewey Street Huntington, NY 11743 Attn: David Berger RE: Site: Brushes Creek Owner: Joseph Mangiaracina (managing member) Tax Map Numbers: 1000-127.00-03.00-009.002 Resolution # 877-2005 (Master List) and 248-2015 Dear Mr. Berger: We reviewed your July 27, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$1,450. Your report should be prepared in accordance with your fee proposal. Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04736242. No other voucher will authorize payment of your fee. Your appraisal should be certified to both the Town of Brookhaven along with Suffolk County. Your contact for access is Josef Mangiaracina, phone 631-871-2300. Please call or email to confirm your receipt of this authorization letter; fred ford@suffolkcountyny.gov. Yours truly, Fred Ford, Senior Appraisal Reviewer t � H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2otl FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK If i Steven Bellone SUFFOLK COUNTY MCUTivE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management September 28, 2015 Via electronic Mail Mr. Glenn A. Gabberty, RM, SRA C/O Glenn A. Gabberty Appraisals, Inc. 19 Lt. John Olsen Lane St. James, NY 11780 RE: Site: Brushes Creek Owner: Joseph Mangiaracina (managing member) Tax Map Numbers: 1000-127.00-03.00-009.002 Resolution#877-2005 (Master List) and 248-2015 Dear Mr. Gabberty: You had previously submitted a fee proposal for the captioned property. The appraisals were awarded to two other firms. However, one of the firms defaulted on the appraisal. This will necessitate the ordering of a second appraisal. You were the next lowest bidder; therefore we are authorizing you to appraise the property. In accordance with the General Contract 20147 2016, and based on your prior feel proposal, you are authorized to proceed with this assignment for a total fee of$1,500. Your report should be prepared in accordance with your fee proposal. Assuming an September 28, 2015 start date, the appraisal assignment must be completed and delivered by October 28, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04565742. No other voucher will authorize payment of your fee.Your appraisal should be certified to both the Town of Brookhaven along with Suffolk County. Your contact for access is Josef Mangiaracina, phone 631-871-2300. Please call or email to confirm your receipt of this authorization letter; fred ford@suffolkcountyny.gov. Yours truly, Fred Ford, Senior Appraisal Reviewer H LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,2" FI 0 P.O.BOX 6100■ HAUPPAUGE,NY 11786-0099■ (631)853.5972 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Berger&Associates Appraisers, LLC 20 Dewey Street Huntington, NY 11743 Attn: David Berger RE: Site: Brushes Creek Owner: Jeffrey Hallock Tax Map Numbers: 1000-127.00-03.00-010.002 Resolution #877-2005 (Master List) and 248-2015 Dear Mr. Berger. We reviewed your July 27, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$1,450. Your report should be prepared in accordance with your fee proposal. Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04736239. No other voucher will authorize payment of your fee. Your appraisal should be certified to both the Town of Brookhaven along with Suffolk County. Your contact for access is Jeffrey Hallock, phone 631-722-3261. Please call or email to confirm your receipt of this authorization letter; fred.ford@suffolkcountyny gov. Yours truly, Fred Ford, Senior Appraisal Reviewer H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2ntl FI 9 P 0 BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Mr. Glenn A. Gabberty, RM, SRA C/O Glenn A. Gabberty Appraisals, Inc. 19 Lt. John Olsen Lane St. James, NY 11780 RE: Site: Brushes Creek Owner: Jeffrey Hallock Tax Map Numbers: 1000-127.00-03.00-010.002 Resolution #877-2005 (Master List) and 248-2015 Dear Mr. Gabberty: We reviewed your July 29, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$1,500. Your report should be prepared in accordance with your fee proposal. Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04736238. No other voucher will authorize payment of your fee. Your appraisal should be certified to both the Town of Brookhaven along with Suffolk County. Your contact for access is Jeffrey Hallock, phone 631-722-3261. Please call or email to confirm your receipt of this authorization letter; fred.ford@suffolkcountyny.gov. Yours truly, Fred Ford, Senior Appraisal Reviewer H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd A 0 P 0 BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Mr. James Taylor, MAI C/O Rogers &Taylor Appraisers, Inc. 300 Wheeler Road, Suite 302 Hauppauge, NY 11788 RE: Site: Brushes Creek Owner: Hallock Holding Corp. Tax Map Numbers: 1000-127.00-03.00-010.003 Resolution # 877-2005 (Master List) and 248-2015 1 Dear Mr. Taylor: We reviewed your July 28, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$2,000. Your report should be prepared in accordance with your fee proposal. Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04736240. No other voucher will authorize payment of your fee. Your contact for access is Jeffrey Hallock, phone 631-722-3261. Please call or email to confirm your receipt of this authorization letter; fred.ford@suffolkcountyny gov. Yours truly, Fred Ford, Senior Appraisal Reviewer H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI of P 0.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Mr. Glenn A. Gabberty, RM, SRA C/O Glenn A. Gabberty Appraisals, Inc. 19 Lt. John Olsen Lane St. James, NY 11780 RE: Site- Brushes Creek Owner: Hallock Holding Corp. Tax Map Numbers: 1000-127.00-03.00-010.003 Resolution # 877-2005 (Master List) and 248-2015 Dear Mr. Gabberty: We reviewed your July 29, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$1,500. Your report should be prepared in accordance with your fee proposal Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04736241. No other voucher will authorize payment of your fee. Your contact for access is Jeffrey Hallock, phone 631-722-3261. Please call or email to confirm your receipt of this authorization letter; fred.ford@suffolkcountyny.gov Yours truly, Fred Ford, Senior Appraisal Reviewer H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2"d FI ■ P O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Real Property Deputy County Executive and Commissioner Acquisition and Management August 5, 2015 Via electronic Mail Mr. Lawrence Indimine Lawrence Indimine Consulting Corp. 18 Bailey Lane Manorville, NY 11949 RE: Site: Brushes Creek Owner: Capital Asset Retirement Fund LLC Tax Map Numbers: 1000-127.00-03.00-017.003 Resolution # 877-2005 (Master List) and 248-2015 Dear Mr. Indimine- We reviewed your August 3, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$2,500. Your report should be prepared in accordance with your fee proposal. Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04736237. No other voucher will authorize payment of your fee. Your contact for access is Josef Mangiaracina, phone 631-871-2300. Please call or email to confirm your receipt of this authorization letter; fred.ford@suffo[kcountyny.gov. Yours truly, Fred Ford, Senior Appraisal Reviewer H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI ■ P 0 BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Division of Real Property Acquisition and Management August 5, 2015 Via electronic Mail Mr. James Taylor, MAI C/O Rogers &Taylor Appraisers, Inc. 300 Wheeler Road, Suite 302 Hauppauge, NY 11788 RE: Site: Brushes Creek Owner: Capital Asset Retirement Fund LLC Tax Map Numbers: 1000-127.00-03.00-017.003 Resolution # 877-2005 (Master List) and 248-2015 Dear Mr. Taylor: We reviewed your July 28, 2015 fee proposal for the captioned property. We find it acceptable, and in accordance with the General Contract 2014-2016, you are authorized to proceed with this assignment for a total fee of$2,000. Your report should be prepared in accordance with your fee proposal Assuming an August 5, 2015 start date, the appraisal assignment must be completed and delivered by September 5, 2015 in order to comply with the required 30-day turnaround time. In order to receive payment under this authorization, please send your billing invoice and a copy of this letter along with the attached Suffolk County Payment Voucher#04565119. No other voucher will authorize payment of your fee. Your contact for access is Josef Mangiaracina, phone 631-871-2300 Please call or email to confirm your receipt of this authorization letter; fred.ford@suffolkcountyny.gov Yours truly, Fred Ford, Senior Appraisal Reviewer H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5972 SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher# Responsible Agcy Modify Dept.Address # Document Total(Include Cents) $1,500.00 Vendor Code(10-1) Address 1200 Veterans Memorial Highway 11-2325811 . - Hauppauge,NY 11788 Ln .Reference Document ......... coin Ln# .......... (� (3) Agy �q S j �4 �� (2, Rept Capital Cat Project# Cd(2)Number(11)Ln(2) (3) Number 12 Ln 3 (4) (g) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) Im PIF 01 02 ni 04 05 i i Additional Comments Phase I Environmental Site Assessment for property located at Brushes Creek $1,500.00 5;% �G�2vs — /Z � �d3 � � CA Invoice No. 916006 /a�� /z �_ d 7 CA Project No. 16002.006 /J`'`' Z 7- — ° ?- -2-7 , 03� lo- a— l�a v .—/7.7- _—o] -- c>o —co — 12 Ds— DEPARTMENT CERTIFICATION: I hereby certify that the materials above PAYEE CERTIFICATION: I certify that the above bill is just,true and { specified have been received by me in good condition without substitution.The correct;that no part thereof has been paid except as stated;that the balance is service properly performed and that the quantities thereof have been verified actually due and owing;that taxes from which the County is exempt are' the exceptions of discrepancies noted and payment is approved. exclu ed and that I have read and am familiar with the provisions of Local i 3 Law -1 a Oetailed in the payee instruction section of this voucher. r` ,V.P. Cashin Assoc.PC SIGNED DATE TITLE AT8 SIGNATURE TITLE NAME OF COMPANY t t Form PV Original: Audit&Control Yellow Copy Department Accounting ss-01053/02 j Cashln_Associates-, P.C. Engineering' Planning Construction Management Phyllis Benincasa Suffolk County Department of Environment and Energy 100 Veterans Highway-2nd Floor September 28,2016 Hauppauge,NY 11788 Project No: 16002.006 Invoice No: 916006 Phase I Environmental Site Assessment for property located at Brushes Creek Professional_Services from September 13 2016 to September 28 2016 Fee 1,500.00 Total this Invoice $1,500.00 r/ - II } S(4 {A S i 1 �g E((d _ Y E { f - 2 i t f 1200 Veterans Memorial Highway . Hauppauge, NY 11788 . (631) 348-7600 . FAX (631) 348-7601 t s Invoice Young,lid Young August 3,2017 400 Ostrander Avenue Project No: 2017-0096.80 Riverhoatl,New York 11.901 invoice No: 34 631-727-2303 County of Suffolk De0artment of EnvirOnrnent�and Energy Div.of Feat Property Acquisition and Management H.Lee Dennison Building-Seednd Floor P.O.Box 6100 Hauppauge,NY 11788 Project 2017-0096.80 S.C. New Drinking Water Protection-Open Space Professional services rendered from May 23,2017 through August 3,2017 in conjunction with the preparation of a Cerflfted Surrey. Fee 4,200.00 Total this Invoice $4,200.00 Please refer to invoice number on remittance_ Invoices'are due within 30 days of invoice date. G O% g lnvo c 6 Young'4 Young August 3,2017 400 Ostrander Avenue Project No: 2047-0096.30 Riverhead,NeW York 11001 Invoice No: 34379 631-7,27-2303 Wunty-of Suffolk Department of Environment and Energy Div.of Real Property Acciuisitlon,and Management H.Lee Dennison Building-Second Floor P.O.Box 6100 Hauppauge,NY 11788 Project 2017-0096.34 S.G.NeW Difting Water Protection-Open Space "Professlonal services rendered from May 23,2417 through August 3,2417 in conjunctiorrvAth the preparation of a Certified 'Survey. Fee 1,600.00 Total this Invoice $1,600.00 Please refer to invoice number on remittance. Invoices are due within 30 days of invoice date. Z17- z Invoice Young&Young August 3,2017 400 0Straqd0rAv6nue Prqoa Mr. 200-0096,10 Riverhead,Now York 11901 Invoice No: 34377 631427-2303 CO' ,0*OtSuffolk Department of En*onn)ent and Energy blv-Of R"I Property Acquisition and,Mamgment H.Wib Doorilson Building--.,Ze=d Floor P.O.Sox,$100 Hauppauge w 11788, PrQject 2017-0096.10 S.C.New Drinking Water Protection.open 8pqte Professional Services rendered from May 23;2017 through August 3,2017-in conjunction with the preparation ofa Gerofjed Survey. Fee 1,400.00 Total this invoice $1,400,00 Please refer to Invoice numW on remittance. Invoices are due vatbin 3o days of invoice date. 60T /7. 2 Invol! Young 8 Young August 31 2Q17 040.4tranderAvenue Projint No:. 2017.!M6.26 PJveftad,ke*lfb'k'11901 Imtofce•No: 3437.8 63UM-2303 County,offS'uffolk. DepartmentofWronment•and Energy Div of Real Property A0qummon and Management H.free MnrilsO6 Building-Second Floor P.O. 800100 Hauppauge,_NY 11:788 Project 2017-0096,20 S.G.New D.rifiking Water Protection-Operr-Space Professional service rendered from May 23,201.7 thraPgh August 3.2017 In conjunction with the preparation of a Certified Survey. Fee 51800:00 Total this Invoice $5,800.00 0 , Please refer to invoice number gn remittance. Invoices are due within 30 days of invoice date. L 0 7" 17 D Invoice Young_S Yottttg August 3.2017 400 Ostrander avenue Projeo-No: 2017-0096.40 Riverhead,Mew York 11901 Invoice foto: 34380 631-727=2303 County of Suffolk Department of Environment and Energy Div:of R2�l Property Acquisition,and Management R.Lee Dennison Building-Second Floor P.O Box 61d0 Hauppauge,NY 11788 Project 2017-0096.40 S.C. New Drinking Water Protection-()pen Space Professlonal servIces rendered from May 23,20'17 through August 3,2617'in conjunction`with the preparation of a Certified Survey. i Fee 1,1300.00 Total this fnvolice 31,600.00 Please refer to Invoice number on remittance_ invoices are due within 30 days of invoice date ��T `6? �- invoice Y64ng&•Yd'ung August 3,.2017 400.Ostrander Avenue 'Project No: 2{Yf,7-0098.8(3 RlvorNealti,Now York 14901 invoice Nb: 34381 631-727.2303 County of Suffolk Department of Environment and Energy Div,of heal Property Acquisition-and Management H.Lee Dennison Building-Second Floor P.O.Box 6100 Hauppauge, NY 11788 Project 2017-0096.50 S.E.New Drinking Water Protection-Open Space, Professional services rendered from May23,2017 through August 3,2017 in conjunction with thspreparation of a Certified Survey. E Fee- 11800.00 Total this involce $1,600.00 Please refer to invoice number on remittance. Invoices are due within 30 days of invoice date. SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher# Responsible Agency Entered By,Date Dept.Address 04847245 ' e D current Total(Incjude Cents Vendor Code(Tax ID) 20 Y LL •.y ) Af Vendor Name&Mailing Address Vendor Remit Address(if different) 42 Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)In(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) UD PIF 01 02 03 04 051 -7 1 -TI Additional Coanmen �� �d �r� \ ��✓ �-�,Q ti DEPARTMENT CERTIFICATION: I hereby certify that the materials a ove PAYEE CERTIFICATION: I certify that the above expenditures are just, specified have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this vouche SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original: Audit&Control Copy Department Accounting ss-o+os 4112 SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact :; Payment Voucher# Responsible Agency Entered By,Date Dept.Address 4 S ;,,-sass Vendor Code(Tax ID) �`o K 6 G Document Total(IncludeCents) Vendor Name&Mailing Address Vendor Remit Address(if different) I Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) 10 P/F 01 02 03 04 05 Additional Comments z .z��� LZ D �L DEPARTMENT CERTIFICATION: I hereby certify that the materials above e PAYEE CERTIFICATION: I certify that the above expenditure e jst, specified have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this vouche /� �Gt $y� "Yw��cdF�ft�Lts SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original: Audit&Control Copy: Department Accounting 56-0105 4/12 Dept.: Contact: Payment Voucher# Responsible Agency Entered By,Date Dept Address 04847246 ec VendorCode(Tax ID) MOWN '� g DJ�/1�current Total(Include Cents) vendor Name&Mailing Address Vendor Remit Address(if different) -'Z Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) M P/F 01 02 03 4 051 1 T T 1 7-1 1 1 Additional Comments /4- 1-5 �v/f� 261, Zp- 4z �G DEPARTMENT CERTIFICA ON: I h e�y ce that the materials above PAYEE CERTIFICATION: I certify that the above expenditures are just, specified have been received b me m good condi' It, substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and tha ire-gnaat' es thereof have been verged balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 asdet ed in the payee instruction section of this the SIGNED DATE TITLE P 7,KSI URE' TITLE NAME OF COMPANY Form PV Original: Audit&Control Copy: Department Accounting 56-01054/12 SUFFOLK COUNTY PAYMENT VOUCHER Dept: Contact: Payment Voucher# Responsible Agency Entered By,Date Dept.Address 04847239 ing1G c Vendor Code(Tax ID) _- cEM ocumentTotal(Inclu nts) Vendor'Name&Mailing Address 4Vendor Remit Address(if different) V ZZ Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) T BS Acct(4) Description(17) Amount(Include Cents) IID P/F 01 T_ 021 1 TT I I I I 031 1 V�d 05 I Y � a `C� Additional Comments � � !� �f� � 9� ��" s{ o DEPARTMENT CERTIFICATION: I hereby certify that the materials above/ PAYEE CERTIFICATION: I certify that the above expenditures just, specified have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32- 980 as detailed in the payee instruction section o s v er. SIGNED DATE TITLE 'S lONATURE ' T LE' NAME OF COMPANY- Form PV Original: Audit&Control Copy: Department Accounting 56-01054/12 SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact Payment Voucher# Responsible Agency Entered By,Date Dept.Address 04847244 Vendor Code(Tax ED) Document a Document Totallude Cents) Vendor Name&Mailing Address Vendor Remit Address(if different) L/Z Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) I/D P/F 01 02 03 04 1 T-1 1 - 1 1 05 Additional Co enillt, � a 16 r (9, DEPARTMENT DEPARTMENT CERTIFICATION: I hereby certify that the materials above PAYEE CERTIFICATION: I certify that the above expenditures are just, specified have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated,that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this vouc SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE DAME OF COMPANY Form PV Original: Audit&Control Copy: Department Accounting 56-01054/12 SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher# Responsible Agency Entered By,Date Dept.Address 04847238 Vendor Code(Tax ID) - - ' .e , _ current Total(Include Cents) ' Y x Vendor Name&Mailing Address Vendor Remit Address(if different) r 6 Ln Reference Document Com Invoice Fund DeptUnit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) UD P/F 01 02 I! , 03 04 051 1 71 1 1 1 1 Ad tion omments aUl Z Z-22 ZZ � —11tv 0<-� DEPARTMENT CERTIFICATION" I hereby cerYify that the materials above PAYEE CERTIFICATION: I certify that the above expenditures are just, specified have been received by me in good condition without substitution The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher. SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original: Audit&Control Copy: Department Accounting 56-0105 ane ABSTRACTS, ' `INCORPORATED- 100 Garden City Plaza,Suite 201,Garden City,NY 11530 516-683.1000 Fax:516.683.0089 123 Maple Avenue Riverhead,NY 11901, 631.369.0200 Fax:631.369.0199 'Reply to our Garden City Office Title No.: 18-38-0150-11065 TITLE L"10"ISI G INVOICE Client: Jason Smagin Applicant: County of Suffolk as to 79% Interest and Town of Closing Date: 4/20/2018 at 10:00 AM Southold as to 21% Interest Reference: County of Suffolk as to 79% Interest, etal. from Tristate Capital Holdings LLC Premises: 2550 North Oakwood Drive,Southold, NY 11971 Dist. 1000 Sec. 127.00 Block 03.00 Cot 008.000 Owners: Tristate Capital Holdings LLC Buyers: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest -w�ue w:..,+ z a- r:'+.P�' ;. �x n-=„cs.�,+•mc..._-. ks` ,fi..x,��'. `�,�.,C,•O_MPANY�CHARnGES.ti�d� `���, ;���UYER 5,`�. `rtYo,'.S;E•_L,LER S) LEIVDER(SJ�� '�.,�y,.. ITL�EPOLg`CEA.NDt _N?dfA-ffi&N], POLICY PREMIUMS • Fee Simple Policy for$175,000.00 Owners Policy Premium $936.00 (Premium$936.00) • State Transfer Tax Exempt ENDORSEMENTS State Special(Mansion)Tax Exempt TIRSA Policy Authentication Local Transfer Tax Exempt Standard New York Owners • Property Type is Commercial Vacant Land OTHER CHARGES • FOR PAYOFF FIGURES: Sales Tax Suffolk-8.625% If this is a Purchase add 5 days per diem. If this is a Refi add 10 days per diem. AL COMPANY.CHARGES: `$936.00 .;' - " ,$0:00::' <':$0.00 If Taxes or Homeowners Ins.are to be .,5- .�':.Td.': r.':ss"" •a....-.�,....r•-zra<...r•.:;.. •�,..,-"Knmw.es�«.:....�.,a.�' .y N-,.,rtt,-.�.'•w:a- t,�y"k paid add those amounts to final payoff • -- dESCROW AND'PASS,THROUGH CHARGES' ` For all FHA Mortgage additional month RECORDING TAXES per diem may be required. Transfer Tax New York State(TP584) Transfer Tax Peconic Bay Region **Pursuant to Section 1(F)ofTIRSAthere may be a fee imposed if closing is in excess of 2 hours,beyond normal business RECORDING FEES hours,if additional attendance is required and/or if travel and distances warrant. ESCROWS • Closer is Wendy Stettine • Underwriter:Chicago Title Insurance Company • +items are subject to NYS Sales Tax • Closing Location. Jason Smagin Dept.of Economic Development& Planning 100 Veterans Memorial Highway PO Box 6100 Hauppauge,NY 11788 (631)852-5321 TOTAL TO ABSTRACTS INCORPORATED $936.00 $0.00 $0.00 TOTAL: $936:00 ,�z'.w -.rt:•s -•..,N.. 4t;w;:csir:�; =�5•''+.'L'-� -' 3`' ..;,....,2)c _ %;,'''a:ss - -- :5'''s`.z:J�;'`,.• "z.t'23.'c"�4�c"2' .a+Y-t..h::4�.r.. - ,7 `- �2~. -..i4' .,x '� � ':�xs`- ?:-xr •'',.:t - - •,,:;t�-.a ::�t .,,6,.�a:'L.F, KW. .+u ^> {:.#.:•». ;}r '.Ss:.":�C. '.ix,;.�i.t.�,..' jt_,,..,gat ..y,.;;�L,• .s.-'.t� v; ✓s: y IMP,ORTAIVT,DISCLOSURESM'.:,.xz3. " <<, r.¢, :_x3:.. a_.:..� �•1_> ..: = .. ^ar^ .''t- . i ne lender or other party may require the performance of additional services which are not necessary services in connection with the issuance of the Printed on 4/18/2018 1:25:15 PM Page 1 of 2 �g y77 (ABSTRACTS, 'INCORPORATED'" 100 Garden City Plaza,Suite 201,Garden City,NY 11530 516.683.1000 Fax_516.683.0089 123 Maple Avenue Riverhead,NY 11901, 631.369.0200 Fax:631.369.0199 'Reply to our Garden City Office title policy.Please note that the issuance of the title policy is not dependent upon the performance of such additional services. I ,of hereby certify that the Title Premium(s)were properly calculated and found to be accurate.I further certify that only permitted,proper fees and other charges have been made.I further certify that I have provided clear notice to the insured and/or borrower,as required,that the lender or other party may require the performance of addtl services which are not necessary services in connection with the For Company Use Only: {r -c .rv.av<=>*.yK`- j:,;};�;r ,'". nh' .,tXyy ♦ 'L d�%'ii-�i;!"__l.nC- F=........kro-.,�:,o- ;.rt�T'^� �so=s:+.seva.sr..c EFU11,HECK'FROM � �t� TOTAL: Printed on 4/18/2018 1.25:16 PM Page 2 of 2 SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher# Responsible Agency Entered By,Date Dept.Address 04847 " �,r Vendor Code(Tax ID) ��cpum �� ocument Total(In ude Cents) M-w Vendor Name �.Mailing Address Vendor Remit Address(if different) 41 z�2 -: OF Ln Reference Document Com Invoice -Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) UD P/F 01 02 03 04 05 Additional Comments `pP —Z'�' - �� iG � X �G A"ez f �-✓ u1 DEPAR -CERTIHCATION: I hereby certify that the materials above PAYEE CERTIFICATIO : I certify that the bove expenditures are just, specified have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher. A Z' SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original. Audit&Control Copy: Department Accounting 56-01054/12 i ABSTRACTS, 4 INC ORP 0RATED- 100 Garden City Plaza,Suite 201,Garden City,NY 11530 516-683.1000 Fax:516.683.0089 123 Maple Avenue Riverhead,NY 11901, 631.369.0200 Fax:631.369.0199 'Reply to our Garden City Office Title No.: 18-38-0150-11066 TITLE CL I 1 av' Kf E Client: Jason Smagin Applicant: County of Suffolk as to 79%Interest and Town of Closing Date: 4/20/2018 at 10:00 AM Southold as to 21% Interest Leenc - County of Suffolk as to 79%Interest, etal.from Capital Asset Retirement Fund LLC Premises: 560 Diachun Road,Southold, NY 11971(And Others) Dist. 1000 Sec. 127.00 Block 03.00-Lot•009.002; Dist. 1000 Sdo'12100'Block'08:-00 of 017.002 Owners: Capital Asset Retirement Fund LLC Buyers: County of Suffolk as to 79%Interest and Town of Southold as to 21%Interest � `•���, COMP IVl(CFIARGES���'�-�' ���'�` '+�c`' �BIJYER(S� ,�`�SELLER($a� �.:,;�LE,)�DER(S����s�^•�',TITLE�OLICI�AND,NFORM/AT ONS. ",�,. POLICY PREMIUMS • Fee Simple Policy for$343,577.50 Owners Policy Premium $1,563.00 (Premium$1,563.00) • State Transfer Tax Exempt ENDORSEMENTS • State Special(Mansion)Tax Exempt TIRSA Policy Authentication SLocal Transfer Tax Exempt Standard New York Owners • Property Type is Commercial Vacant Land OTHER CHARGES • FOR PAYOFF FIGURES: Sales Tax Suffolk-8.625% If this is a Purchase add 5 days per diem. If this is a Refi add 10 days per diem. �, If Taxes or Homeowners Ins.are to be 1 'COM,PAIVY,CliARGES� "'may_ ,f'y=y ` i'�' '~%�~� - a•c- r'"- g�� $1;563Q0 u :k ` +$0;,00 ;a�,r,.�$O;OU ��"-"^^'''�"'�'•`�"-'7~ `= ��"�'-"^-- '""'"'"' �`�'r^^=- aid add those amounts to final payoff ,.w.�R:���»-:>--.� �� nx+�-.a.'a.�.- P �;�, Y-� '00-04`M Y .ESCROW,,,,A(VDPRSS HR,P�GIi;CIiARGES � For all FHA Mortgage additional month RECORDING TAXES per diem may be required. Transfer Tax New York State(TP584) Transfer Tax Peconic Bay Region "Pursuant to Section 1(F)ofTIRSAthere may be a fee imposed if closing is in RECORDING FEES excess of 2 hours,beyond normal business hours,if additional attendance is required and/or if travel and distances warrant. ESCROWS • Closer is Wendy Stettine • Underwriter:Chicago Title Insurance Company • +items are subject to NYS Sales Tax • Closing Location: Jason Smagin Dept.of Economic Development& Planning 100 Veterans Memorial Highway PO Box 6100 Hauppauge,NY 11788 (631)852-5321 TOTAL TO ABSTRACTS INCORPORATED $1,563.00 $0.00 $0.00 TOTAL: $1,563.00 Printed on 4/18/2018 1:26:34 PM SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher# Responsible Agency Entered By,Date Dept.Address 04847247 c=am " _ w D umentTotal Include Cents Vendor Code(Tax ID) _ ,. ;�f L. �. ) Vendor Name&Mailing Address Vendor Remit Address(if different) Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) I/D P/F 01 02 1+ :r 03 047 1 L I 05 Additional Comments -38 ��(6 � ��C� .� �` �y) le- ) C P L DEPARTMENT CERTIFICATION: I hereby certify that the materials abAe PAYEE CERTIFICATI : I certify that the above expenditures a just, specified have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher- Ail oucher_ Y SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original: Audit&Control Copy: Department Accounting 56-0105 ane z ABSTRACTS, -1N' CORPORATED" 100 Garden City Plaza,Suite 201,Garden City,NY 11530 516.683.1000 Fax 516.683.0089 123 Maple Avenue Riverhead,NY 11901, 631.369.0200 Fax:631.369.0199 'Reply to our Garden City Office Title No.: 18-38-0150-11070 TITLE CLOSING I ICE Client: Jason Smagin Applicant: County of Suffolk as to 79% Interest and Town of Closing Date: 4/20/2018 at 10:00 AM Southold as to 21% Interest Reference: County of Suffolk as to 79%Interest, etal.from Jeffry Premises: 430 Diachun Road,Southold, NY 11971 Dist. 1000 Sec. 127.00 Block'03.00 Lot 010.002 Owners: Jeffry Hallock Buyers: County of Suffolk as to 79%Interest and Town of Southold as to 21%Interest .., b}'Er. w .w-vs ga - 5 ty='_:5 n53T'..�.._..i.. se'�>"._ «�,K u,-r.,p` rsar-r�.� ;�`�r 'y�`i......wn.c..•...,ry,.�nv..- 'F; ;���y���,• ;,�COIVIP/AY'�,l,Y CHAR6ES;, ;� h,� �.,'y� '�:BU_YER(5}��;,hx SE�LER(5}; ,,,.�LEIVDER�S}�„g� ,�T,� _.- -,,,, u�,;,,,.,�_„•�,,,,,,.�,u� i� POLICY PREMIUMS • Fee Simple Policy for$375,000.00 Owners Policy Premium $1,678.00 (Premium$1,678.00) • State Transfer Tax Exempt ENDORSEMENTS - State Special(Mansion)Tax Exempt TIRSA Policy Authentication • Local Transfer Tax Exempt .Standard New York Owners • Property Type is Commercial Vacant Land OTHER CHARGES • FOR PAYOFF FIGURES: 'Sales Tax Suffolk-8.625% If this is a Purchase add 5 days per diem. If this is a Refi add 10 days per diem. 0 If Taxes or Homeowners Ins.are to be 0.0 $O:UQ ""'"-•�{-�'�"; 'r^"�"''�'�'''�'$�'` �'' "��"�_- paid add those amounts to final payoff ;.a. r-�' es:e� ,�"� ,_.... Z,a....v-<.r.-rv...w.-m.:... CROIJV AND,PASSTFiROUGH HARGES For all FHA Mortgage additional month _v-✓-t---.n.c.3,w .u^Kr Sii. lm�b S t�c.AW i.--.:DING TAXES per diem may be required. Transfer Tax New York State(TP584) Transfer Tax Peconic Bay Region "Pursuant to Section 1(F)of TIRSA there may be a fee imposed if closing is in excess of 2 hours,beyond normal business RECORDING FEES hours,if additional attendance is required and/or if travel and distances warrant. ESCROWS Closer is Wendy Stettine • Underwriter:Chicago Title Insurance Company • +items are subject to NYS Sales Tax • Closing Location: Jason Smagin Dept.of Economic Development& Planning 100 Veterans Memorial Highway PO Box 6100 Hauppauge,NY 11788 (631)852-5321 TOTAL TO ABSTRACTS INCORPORATED $1,678.00 $0.00 $0.00 TOTAL: $1,678.00 ♦J. - -rte::,. _ .-+r,.:5;.?i: •_r✓c ti..N.. - ^;,.-�v Ya: :'tnE:'i �y.k"iei='.,-re.'t.^ -R:�:d��''x'v`r.-'+ ';f.4r���-r"�'F'''h'��•�aK"�spr�'a�'��; 'y'ilryr TFv - Y M. i{�.^-_.�i.�e. G••'y 1" t,."'+.v� �+' ' 4tY Aa...?r ..` .a� 1%'-'-�`-r,�.. ':.x' - ..jai: t t .I_ " �i"-,:.;•.,t�, ���,�= x �' �. �u�'•� r '=;u.,r� �e, �` m�.�,.,,•.•�: r,�,-��:•��?-��;i��IMPOF21'ANT.DI�CLOSl1RES.z:�..:�-iw _ •u :.�'x'•i�l..�:=�._ ti�ti�:,,;,;a;.t,,,.,�t�..,�.�` �.=<�.:�� i,!�axrs:�+?�';>;�:.i:.:+'�`;., .r�§�r::�� =`T.�:e:r�:::s:. �.::_ lender or other party may require the performance of additional services which are not necessary services in connection with the issuance of the Printed on 4/18/2018 1:37:05 PM } SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher# Responsible Agency Entered By,Date Dept.Address 04847235 1 : hec Vendor Code(Tax ID) t7Acouri ert► : <; Document Total(Include Cents) .3 4 T -uac8 Vendor Name&Mailing Address Vendor Remit Address(if different) . I Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(include Cents) UD P/F 01 02 03 04 05 a Additional Comments C✓l(C 6� /�� / f�� 2 2� G s"� 1Je—y r'?p - DEPARTMENT CERTIFICATION:�.I hereby certify that the materials above,t PAYEE CERTIFICATION: I certify that the above expenditure a just, specked have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is w;rh the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher. SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original: Audit&Control Copy. Department Accounting 56-01054n2 ;.,; ABSTRACTS, INCORPORATED• 100 Garden City Plaza,Suite 201,Garden City,NY 11530 516.683.1000 Fax:516.683.0089 123 Maple Avenue Riverhead,NY 11901, 631.369.0200 Fax:631.369.0199 'Reply to our Garden City Office Title No.: 18-38-0150-11069 TITLE L1 I4I(CE Client: Jason Smagin Applicant: County of Suffolk as to 79%Interest and Town of Closing Date: 4/20/2018 at 10:00 AM Southold as to 21% Interest Reference: County of Suffolk as to 79%Interest,etal.from Hallock Holding Corp Premises: Diachun Road,Southold, NY 11971 Dist. 1000 Sec. 127.00 Block 03.00 Lot 010.003 -• Owners: Hallock Holding Corp - Buyers: County of Suffolk as to 79%Interest and Town of Southold as to 21%Interest �F•i�' ,�'�;�CO_IVI?ANl(�GHARGES��*���.<-�; •;�'-'t=6U ER(S)��K'�i�;-..SELLEF2(5)=,;z.�„�,`;LENDER,„(S) .;�t;,�, �i�ITLE,;•POUCIES'AND.INFARIVIA�IOIV.� POLICY PREMIUMS • Fee Simple Policy for$340,000.00 Owners Policy Premium $1,548.00 (Premium$1,548.00) • State Transfer Tax Exempt ENDORSEMENTS - State Special(Mansion)Tax Exempt TIRSA Policy Authentication SLocal Transfer Tax Exempt Standard New York Owners • Property Type is Commercial Vacant Land OTHER CHARGES • FOR PAYOFF FIGURES: Sales Tax Suffolk-8.625% If this is a Purchase add 5 days per diem. If this is a Refi add 10 days per diem. r y - If Taxes or Homeowners Ins.are to be TriTei"C011IIF�tNY�CF!%AR6E5 t%: <R,*n�;Ry� . rSi �u s;,`$1 48rU0 a:� :::e O;UQ -L'`* �`. Or00 -:-y' -- � -�1• '�=- "�-"'�= paid add those amounts to final payoff :;�' .;r•<wds.:a;m..n.-wr:�..s.r t.i r pmJrir.:.. ,a+.,.-�cR ia,.�� -4>;': akESCROWAND PASSTHROUGH CHARGES' ' : For all FHA Mortgage additional month RECUKDING TAXES per diem may be required. TransferTax New York State(TP584) Transfer Tax Peconic Bay Region "Pursuant to Section 1(F)ofTIRSAthere may be a fee imposed if closing is in excess of 2 hours,beyond normal business RECORDING FEES hours,if additional attendance is required and/or if travel and distances warrant. ESCROWS • Closer is Wendy Stettine • Underwriter:Chicago Title Insurance Company • +items are subject to NYS Sales Tax • Closing Location: Jason Smagin Dept.'of Economic Development& Planning 100 Veterans Memorial Highway PO Box 6100 A Hauppauge,NY 11788 (631)852-5321 TOTAL TO ABSTRACTS INCORPORATED $1,548.00 $0.00 $0.00 TOTAL: $1,548.00 - ..z. .'-.a'�'t•r -�i•w ,•_y's .,:,.;4�� :..nw.r•1y-c vr�.�;.r.: *a YiS.` •:a:.2�"t�uJ'"t;%�+"'Zis'a"^Ti:,iL':!+cL'c'v-".jmraz.�'•NF:M1v''�'+>t:. '��r=a;:; Air` z{.� ��-�< ._--"=.s3:;.t:,�}!,s_s�; xz''•3= '"--`-ai; '.;�k;�"-:�i.;-_�,W,.,.,-sa4�°.>'•�;,�.,i_ a::t�• 'asr•Y.,'?'yp' rn'�-,- �' .",,"a' � _t��.:'�t•cIIVIPORTANT,DISCLOSURES;�;;.,�-`��-�:,���`St`�,�;_ R ,5�r•:,��,,'� �3�•��.�.a� �'':..s:�.,�.,...,��' a �: �'''"�F�-".u`'-.- ;s1, - N�.-�Nti=sKSy,.._<'=,_ - s.,cia-M.,c.rm nx- +}s..., nan.-_•_ 3. _tea-. ::_,rMy.•:"_—'��-._u-'� ender or other party may require the performance of additional services which are not necessary services in connection with the issuance of the Printed on 4/18/2018 1:34:22 PM SUFFOLK COUNTY PAYMENT VOUCHER Dept.:, ? Contact: Payment Voucher# Responsible Agency Entered By,Date Dept.Address O 4 8 427240 Vendor Code(Tax 1D) w --� Document Total(Include Cents) Vendor Name& ailing Address Vendor Remit Address(if different) 49 Ir Ln Reference Document Com Invoice Fund Dept Unit Sub Actv Obj Sub Rept Capital (02) Ln# Number(12)Ln(3) (3) (3) (4) 'Unit (4) (4) Obj(2) Cat(4) Project# Cd(2)Number(11)Ln(2) (3) (2) (8) Rev(4) BS Acct(4) Description(17) Amount(Include Cents) UD P/F 01 02 03 04 05 Additional Comments � /�� � �v ( DEPARTMENT CERTIFICATION: I hereby certify that the materials above PAYEE CER CATION: I certify that the above expenditures are just, specified have been received by me in good condition without substitution.The true and correct;that no part thereof has been paid except as stated;that the service properly performed and that the quantities thereof have been verified balance is actually due and owing;that taxes from which the County is with the exceptions of discrepancies noted and payment is approved. exempt are excluded and that I have read and am familiar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher. SIGNED DATE TITLE PAYEE'S [GNAT RE TITLE NAME OF COMPANY Form PV Original: Audit&Control Copy: Department Accounting 56-01054112 �n in 1, �_., ABSTRACTS, - INCORPORATED' 100 Garden City Plaza,Suite 201,Garden City,NY 11530 516-683.1000 Fax:516.683.0089 123 Maple Avenue Riverhead,NY 11901, 631-369.0200 Fax:631.369.0199 'Reply to our Garden City Office Title No.: 18-38-0150-11068 TITLE ('10SIu INVOICE Client: Jason Smagin Applicant: County of Suffolk as to 79%Interest and Town of Closing Date: 4/20/2018 at 10:00 AM Southold as to 21% Interest Reference: County of Suffolk as to 79%Interest and, etal.from Capital Asset Retirement Fund, LLC Premises: 2445 Great Peconic Bay Blvd, Southold, NY 11971 Dist. 1000 Sec. 127.00 Block 08.00 Lot 017.003 Owners: Capital Asset Retirement Fund, LLC Buyers: County of Suffolk as to 79%Interest and Town of Southold as to 21%Interest , --,r,�,"n..,�.,.��,�:r�ttr.. �•€; W.M..- . A°'"s�BUYER S �. SELL'EFt S �: � LEIVDER(5),� ' =wz TITLE PALICIES AND INFORIVIATION;��u w .:COIVIPAIVY. IiA _> -,:w POLICY PREMIUMSµM Fee Simple Policy for$900,000.00 Owners Policy Premium $3,494.00 (Premium$3,494.00) • State Transfer Tax Exempt ENDORSEMENTS • State Special(Mansion)Tax Exempt TIRSA Policy Authentication SLocal Transfer Tax Exempt Standard New York Owners • Property Type is Commercial Vacant Land OTHER CHARGES FOR PAYOFF FIGURES: Sales Tax Suffolk-8.625% If this is a Purchase add 5 days per diem. If this is a Refi add 10 days per diem. AL COMPANY CHARGES $0.00:' _ .=:x;$0.00 If Taxes or Homeowners Ins.are to be `;-g-` ;:��M'». �•:�s:��*.. �,°"""'�,�" '''_NU" STHROUGHCHARGES�=`� r[�`�ra�""w.�',-, '�:,„°�.`.�n� aid add those amounts to final payoff i,+'iso r o�`" .ESCROWA PAS. _ aty-r9s::- �,'sz M�z _ ,sir:-.�•° .i� �»f"-:�:u� � •^•_ ��-_§�-�` a�� For all FHA Mortgage additional month RECORDING TAXES per diem may be required Transfer Tax New York State(TP584) Transfer Tax Peconic Bay Region "Pursuant to Section 1(F)of TIRSA there may be a fee imposed if closing is in excess of 2 hours,beyond normal business RECORDING FEES hours,if additional attendance is required and/or if travel and distances warrant. ESCROWS • Closer is Wendy Stettine • Underwriter:Chicago Title Insurance Company • +items are subject to NYS Sales Tax • Closing Location. Jason Smagin Dept.of Economic Development& Planning 100 Veterans Memorial Highway PO Box 6100 Hauppauge,NY 11788 (631)852-5321 TOTAL TO ABSTRACTS INCORPORATED $3,494.00 $0.00 $0.00 TOTAL: $3,494.00 'i- : ti^ - - i - ie lender or other party may require the performance of additional services which are not necessary services in connection with the issuance of the Printed on 4/18/2018 1:28:31 PM Page 1 of 2 ABSTRACTS, INCORPORATED' 100 Garden City Plaza,Suite 201,Garden City,NY 11530 516.683.1000 Fax:516.683.0089 123 Maple Avenue Riverhead,NY 11901, 631.369.0200 Fax:631.369.0199 'Reply to our Garden City Office title policy.Please note that the issuance of the title policy is not dependent upon the performance of such additional services. I ,of hereby certify that the Title Premium(s)were properly calculated and found to be accurate.I further certify that only permitted,proper fees and other charges have been made.I further certify that I have provided clear notice to the insured and/or borrower,as required,that the lender or other party may require the performance of addtl services which are not necessary services in connection with the For Company Use Only: a: r CHECK FROM O s t s;�" * CI, /j ;, s; ir ?5.e'r: CFIECKwNO:., ,aCOMPANXPAYMENTP� OIRECTPAYMENTx� TOTAL: f Printed on 4/18/2018 1:28:31 PM Page 2 of 2 SCTIVI #1000-127.-3-8 2550 North Oakwood Drive Laurel, New York TRISTATE CAPITAL HOLDINGS, LLC to COUNTY OF SUFFOLK & TOWN OF SOUTHOLD Deed dated .April 20, 2018 Recorded August 22, 2018 in the office of the Suffolk County Clerk Liber D00012974, Page 977 Title Insurance Policy #7230632-213788406 issued by Chicago Title Insurance Company Title No. 18-38-0150-11065 Dated April 20, 2018 In the insured amount of $175)000,000 Survey Prepared by Young & Young Last dated March 9, 2018 Job No. 2017-0096.6 CC#: C18-37495 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 08/22/2018 under Liber D6001297.4 and Page 977 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 08/22/2018 SUFFOLK COUNTY CLERK <:;7- Q. 1101 JUDITH A.PASCALE SEAL 16ED AUG 44 2018 DEPT.OFLAND PRESERVATION i i 1IIlllIIIIIIl1[[[11111IIlIl[11111111111111111111111[111 1111111 IIIA 1111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 08/22/2018 Number of Pages: 8 At: 11:27 :55 AM Receipt Number 18-0156678 TRANSFER TAX NUMBER: 18-02355 LIBER: D00012974 PAGE: 977 District: Section: Block: Lot: 1000 127 .00 03.00 008.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $175,000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0. 00 YES Handling $0.00 YES, COE $0 . 00 YES NYS SRCHG $0.00 YES EA-CTY $0 .00 YES EA-STATE $0.00 YES TP-584 $0 .00 YES Notation $0.00 YES Cert.Copies $0.00 YES RPT $0.00 YES Transfer tax $0 .00 YES Comm.Pres $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 18-02355 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County-Clerk, Suffolk County • 3 as Number ofa es RECORDED P g 211IS Aug 22 11:27:5' API -KIDITH A. RP'1CALF OF This document will be public SiJF CLERLERf.FOLr c iuParV record. Please remove-all L D00012974 Social Security.Numbers F' 97.r prior to recording. DT4 '18-02355 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. _ 1. Basic Tax Handling 2, Additional Tax TP-584 Sub Total Notation Spec./Assit. -�o _ or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) �� TOT.MTG.TAX R.P.T.S.A. otfJb 6O Dual Town Dual County Held for Appointment Comm.of Ed. 5• 00 � Transfer Tax _ga(zel f7 Affidavit + • Mansion Tax Certified Copy (0 - — The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 U — family dwelling only. Sub Total YES or NO Other _ Grand Total�� A If NO,see appropriate tax clause on C page# of this instrum 4 p6� 18028014 3.000 3.2700 0300 008000 dvc� 5 Community Preservation Fond Real Propel P T S Consideration Amount$• [Uc��� Tax Service R LPA A II�IINIII�WuIECPF Tax Due $ T Aum-a Agency Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: v_an n ca.r c Vacant Land [� SUFFOLK COUNTY DIV.OFREAL PRO) AOQUMMON TD AND MAVAGE1W12T iR.UMDENNOWBIDQ-20dFLOM 4 TD 100 VBTBRAN8 N1EW)RIAL HIGHWAY PA.BOX 6100 TD $AUPPAUG%NY 11788-0099 Mail to:Judith A.Pascale, Suffolk County Clerk 7 71fle)CPpeany Information 310 Center Drive, Riverhead, NY 11901 Co.Name 5 X67 c:S G www.suffolkcountynygov/clerk Title# -3y-615-6 8 Suffolk.Countv Recording & Endorsement Page This page forms part of the attached P, made by: (SPECIFY TYPE OF INSTRUMENT) , ,d D /> / .� S L� "The premises herein is situated in SUFFOLK COUNTY,NEW YORK. In the TOWN of �7C� 0 In the VILLAGE �� oJG G %S i✓�et�i or HAMLET of BOXEW6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) e SUFFOLK COUNTY BARGAIN AND SALE DEED WITH COVENANTS THIS INDENTURE, made the 20th day of April, 2018. BETWEEN Tristate Capital Holdings, LLC, with an address at 35 Marion Circle, Wading River, New York 11792, party of the first part, -------- AND the COUNTY OF SUFFOLK, a municipal corporation of the DISTRICT State of New York, having its principal office at the Suffolk 1000 County Center, Center Drive, Riverhead, New York 11901, which -------- will acquire a seventy nine percent (79%) undivided interest in SECTION and to the parcel, and the TOWN OF SOUTHOLD, a municipal 127.00 corporation, with principal offices at 53095 Route 25, P.O. Box -------- 1179, Southold, New York 11971, which will acquire the BLOCK remaining twenty one percent (21%) undivided interest in and to .03.00 the parcel, as tenants-in-common, hereafter described -------- individually, or as the parties of the second part, LOT 008.000 WITNESSETH, that the party of the first part, in consideration of ONE HUNDRED SEVENTY FIVE THOUSAND and 00/100 DOLLARS ($175,000.00) and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto as Schedule "A" and made a part hereof) : THIS DEED is given in accordance with Article XII of the Suffolk County Charter, as amended and effective December 1, 2007 and pursuant to Suffolk County Charter Article XII, Suffolk County Drinking Water Protection Program, as amended and effective as of November 30, 2000 and Resolution No.877-2005, Resolution No. 248-201, Resolution No. 108-2017 and Town of Southold Resolution No. 791.2016, all on file with the Clerk of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to the part of the first part by deed dated September 25, 2013 and recorded September 27, 2013 in Liber 12746, page 222, in the office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with all right, title and interest, if any, that the party of the first part has in and to any strips and gores between the above described parcel and adjoining owners. TOGETHER with all right, title and interest of the party of the first part in and to all streets and roads abutting the above described premises to the center lines thereof, and the ponds, marshes, rivers, lakes, creeks, waters, and lands under water located in, upon or adjoining the above described premises, and all littoral, riparian and shore rights in any way pertaining or belonging thereto. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TOGETHER with all other rights heretofore conferred by Seller, and subject to federal, state and local law, party of the second part may undertake, at its own expense or on a cost- share basis with any other entity, any activities (including subsurface infiltration and stormwater water quality treatment best management practices) to restore, protect, manage, and maintain the premises, or enhance its natural values. - To HAVE AND To HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND as set forth in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of said chapters shall not be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of fee title acquired by the Town prior to any such amendment. This covenant shall run the land in perpetuity. AND the party of the second part, in accordance with Chapter XII of the Suffolk County Charter, as amended and effective December 1, 2007, including but not limited to § C12- 2(A) (2) (c) thereof, and Suffolk County Resolution No. 412-2005, severs herewith ZERO(0) Workforce- Housing Development Right(s) ("WHDR(s)") from the aforestated piece or parcel of land. AND the following paragraph shall constitute a covenant and restriction which shall run with the land in perpetuity: This aforestated piece or parcel was purchased using funds in accordance with the Suffolk County Drinking Water Protection Program, as amended and effective December 1, 2007 (Chapter XII of the Suffolk County Charter) , and Suffolk County Resolution No. 412-2005, for the Transfer of Development Rights Program, which WHDR(s) were severed for workforce housing purposes, and this piece or parcel is deemed permanently sterilized and must remain as open space in the Suffolk County inventory. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed.the day and year first above written. Tristate Capital Holdings, LLC By: w:11 w L, STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On this L° day of Ap.,:j in the year 2018, before me, the undersigned, personAlly appeared w,'/f,'u.,n Qom/,tr , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WENDY STETTINE .'�"� .lam NOTARY PUBLIC,STATE OF NEW YORK Nota r blic: State of New York Registration No.OIST4642045 Qualified In Suffolk County Commission Expires Auust31,2021 BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 127.00 GRANTOR'S ACT BLOCK 03.00 TITLE NO. 18-38-0150-11065 LOT 008.000 TRISTATE CAPITAL HOLDINGS, LLC TO COUNTY OF SUFFOLK AS TO 79% UNDIVIDED INTEREST / AND \� TOWN OF SOUTHOLD AS TO 21% UNDIVIDED INTEREST RECORD & RETURN TO: PHYLLIS J. BENINCASA Dept. of Economic Development and Planning Div. of Real Property Acquisition and Management H. Lee Dennison Bldg., 2°d Floor P.O. Box 6100 Hauppauge, NY 11787 j17�ae-FF7too-Fg, II-,ICcDF=iF-OPIATE[D— • Residential&S.Commercial-nrla lnsunanca sinaa'I 9B4 as agent for, Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11065 Page: 3 THENCE North 37 degrees 01 minutes 40 seconds West through land now or formerly Capital Asset Retirement Fund LLC 130.40 feet to lana now or formerly Tristate Capital Holdings LLC; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Tristate Capital Holdings LLC 50.15 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: 1. South 37 degrees 01 minutes 40 seconds East 122.38 feet; 2. South 46 degrees 25 minutes 08 seconds East 8.24 feet to land now or formerly Hallock Holding Corp.; THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Hallock Holding Corp.133.90 feet to land now or formerly Jeffry Hallock; THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Jeffrey Hallock 260.59 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE South 32 degrees 22 minutes 30 seconds East along other land now or formerly Capital Asset Retirement Fund LLC 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement LLC the following two(2)courses and distances: 1. South 64 degrees 31 minutes 35 seconds East 91.36 feet; 2.• South 38 degrees 17 minutes 20 seconds East 200.36 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of Beginning. '�l • ABSTRACTS, IN0ORPC3RATEID""' Residential S.Commerolal-r•itle Insurance since 1 2.8,4 1 as agrart for Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11065 Page: 4 West Parcel BEGINNING at a point at the northeasterly corner of Lot 7,"Golden View Estates",Suffolk County File No.7770,said point being situate South 46 degrees 58 minutes 38 seconds West a measured along the northerly line of the above described"East Parcel"and its continuation westerly 340.03 feet; RUNNING THENCE from said point of beginning North 46 degrees 58 minutes 38 seconds East along land now or formerly Joseph Gebbia 9.85 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following eight(8) tie-line courses and distances: 1. South 05 degrees 27 minutes 33 seconds East 14.63 feet; 2. South 52 degrees 41 minutes 43 seconds East 23.68 feet; 3. North 79 degrees 19 minutes 25 seconds East 25.39 feet; 4. North 48 degrees 29 minutes 04 seconds East 22.00 feet; 5. South 54 degrees 58 minutes 50 seconds East 72.15 feet; 6. South 26 degrees 24 minutes 36 seconds West 32.10 feet; 7. South 53 degrees 03 minutes 42 seconds West 27.84 feet; 8. South 11 degrees 43 minutes 11 seconds East 17.74 feet to Lot A,"Laurel Park- Subdivision of Lots 52&53",Suffolk County File No.0212; THENCE south 60 degrees 46 minutes 58 seconds West along Lot A,"Laurel Park-Subdivision of Lots 52&53"16.19 feet to Lot 7,"Golden View Estates"; THENCE North 35 degrees 09 minutes 22 seconds West along Lot 7,"Golden View Estates" 140.36 feet to the point or palace of BEGINNING. CONTAINING an area of 0.1420 Acre or 6,187 Square Feet. Jf� 1`__41 Ilr� c CIECAGO TITLE- . Policy No.: 2160-1-18-38-0150-11065-2018.7230632-213788406 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section IS of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE encroachments of existing improvements EXCEPTIONS FROM COVERAGE CONTAINED IN located on the Land onto adjoining land, and SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE encroachments onto the Land of existing INSURANCE COMPANY, a Florida corporation, (the improvements located on adjoining land. "Company") insures as of Date of Policy and, to the 3. Unmarketable Title. extent stated in Covered Risks 9 and 10, after Date of 4. No right of access to and from the Land. Policy, against loss or damage, not exceeding the 5. The violation or enforcement of any law, Amount of Insurance, sustained or incurred by the ordinance, permit, or governmental regulation Insured by reason of: (including those relating to building and zoning) 1. Title being vested other than as stated in restricting, regulating, prohibiting, or relating to Schedule A. (a) the occupancy, use, or enjoyment of the 2. Any defect in or lien or encumbrance on the Land; Title. This Covered Risk includes but is not (b) the character, dimensions, or location of any limited to insurance against loss from improvement erected on the Land; (a) A defect in the Title caused by (c) the subdivision of land; or (i) forgery, fraud, undue influence, duress, (d) environmental protection incompetency, incapacity, or if a notice, describing any part of the Land, is impersonation; recorded in the Public Records setting forth the (ii) failure of an violation or intention to enforce, but only to the ( ') y person or Entity c have extent of the violation or enforcement referred authorized a transfer or conveyance; to in that notice. (iii)a document affecting Title not properly 6. An enforcement action based on the exercise of created, executed, witnessed, sealed, acknowledged, notarized, or delivered; a governmental police power not covered by Covered Risk 5 if a notice of the enforcement (iv)failure to perform those acts necessary action, describing any part of the Land, is m create a document by electronic recorded in the Public Records, but only to means authorized by law; (v) a document executed under a falsified, extent of the enforcement referred to in that expired, or otherwise invalid power of notice.attorney; 7. The exercise of the rights of eminent domain if a(vi)a document not properly filed, recorded, notice of the exercise, describing any part of the or indexed in the Public Records Land, is recorded in the Public Records. including failure to perform those acts by B• Any taking by a governmental body that has electronic means authorized by law; or occurred and is binding on the rights of a (vii) a defective judicial or administrative purchaser for value without Knowledge. proceeding. 9. Title being vested other than as stated Schedule (b) The lien of real estate taxes or assessments A or being defective imposed on the Title by a governmental (a) as a result of the avoidance in whole or in authority due or payable, but unpaid. part, or from a court order providing an (c) Any encroachment, encumbrance, violation, alternative remedy, of a transfer of all or any part of the title to or any interest in the variation, or adverse circumstance affecting the Title that would be disclosed by an Land occurring prior to the transaction vesting Title as shown in Schedule A accurate and complete land survey of the because that prior transfer constituted a Land. The term "encroachment" includes fraudulent or preferential transfer under 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 !w"'m Copyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 federal bankruptcy, state insolvency, or 10. Any defect in or lien or encumbrance on the Title similar creditors'rights laws; or or other matter included in Covered Risks 1 (b) because the instrument of transfer vesting through 9 that has been created or attached or Title as shown in Schedule A constitutes a has been filed or recorded in the Public Records preferential transfer under federal subsequent to Date of Policy and prior to the bankruptcy, state insolvency, or similar recording of the deed or other instrument of creditors' rights laws by reason of the failure transfer in the Public Records that vests Title as of its recording in the Public Records shown in Schedule A. (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Countersigned: CHICAGO TITLE INSURANCE COMPANY Authorized Officer or A ent By � ° - Abstracts, Incorporated 100 Garden City Plaza, Ste 201 ;: President Garden City, NY 11530 �.ti• Te1:516-683-1000 Fax:516-683-0089 Attest: Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the 3. Defects, liens, encumbrances, adverse claims, or coverage of this policy, and the Company will not pay other matters: loss or damage, costs, attorneys' fees, or expenses that (a) created, suffered, assumed, or agreed to by the arise by reason of: Insured Claimant; 1. (a) Any law, ordinance, permit, or governmental (b) not Known to the Company, not recorded in the regulation (including those relating to building Public Records at Date of Policy, but Known to and zoning) restricting, regulating, prohibiting, the Insured Claimant and not disclosed in writing or relating to to the Company by the Insured Claimant prior to (i) the occupancy, use, or enjoyment of the the date the Insured Claimant became an Land; Insured under this policy; (ii) the character, dimensions or location of any (c) resulting in no loss or damage to the Insured improvement erected on the Land; Claimant; (iii)the subdivision of land; or (d) attaching or created subsequent to Date of (iv)environmental protection; Policy (however, this does not modify or limit or the effect of any violation of these laws, the coverage provided under Covered Risk 9 and ordinances, or governmental regulations. This 10)• or Exclusion 1(a) does not modify or limit the (e) resulting in loss or damage that would not have coverage provided under Covered Risk 5. been sustained if the Insured Claimant had paid (b) Any governmental police power. This Exclusion value for the Title. 1(b) does not modify or limit the coverage 4. Any claim, by reason of the operation of federal provided under Covered Risk 6. bankruptcy, state insolvency, or similar creditors' 2. Rights of eminent domain. This Exclusion does not rights laws, that the transaction vesting the Title as modify or limit the coverage provided under Covered shown in Schedule A, is Risk 7 or 8. 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 Copyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 Chicago Title Insurance Company AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY(6-17-2006) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Policy No 7230632-213788406 Title Number Effective Date Amount of Insurance 18-38-0150-11065 4/20/2018 $175,000.00 I. Name of Insured: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested by: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest who acquired title by deed from Tristate Capital Holdings LLC dated 4/20/2018 and to be recorded in the Office of the Clerk of the County of Suffolk. 4. The land referred to in this Policy is described herein on Schedule A Description of Premises. For Information: Premises known as: 2550 North Oakwood Drive, Southold,NY 11971 �i Authori4Siato:ry SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES -,Title No. 18-38-0150-11065 'Policy No. 7230632-213788406 AMENDED 4/18/2018: Surveyor's Description: East Parcel: ALL that certain plot piece or parcel of land, situate, lying and being in the hamlet of Laurel, Town of Southold, County of Suffolk, State of New York and further described as follows: BEGINNING at a point at the southwesterly corner of'land now or formerly Half Hollow Nursey Realty Corp., said point being situate the following six (6) courses and distances as measured along the westerly side of a certain right of way from the northerly side of Peconic Bay Boulevard and the seventh course and distance measured along land now or formerly Capital Asset Retirement Fund LLC.; 1. North 38 degrees 17 minutes 20 seconds West 200.00 feet; 2. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 3. North 32 degrees 22 minutes 30 seconds West 141.32 feet; 4. North 57 degrees 28 minutes 17 seconds West 55.41 feet; 5. North 46 degrees 25 minutes 08 seconds West 1,391.33 feet, Survey, (1391.32 feet actual); 6. North 37 degrees 01 minutes 40 seconds West 130.40 feet; r 7. North 57 degrees 26 minutes 58 seconds East 202.55 feet; SUNNING THENCE from said point of beginning South 57 degrees 26 minutes 58 seconds West along land now or formerly Capital Asset Retirement Fund LLC 334.85 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following nineteen (19) tie-line courses and distances: 1. North 21 degrees 48 minutes 46 seconds West 10.50 feet; 2. North 50 degrees 12 minutes 46 seconds West 35.51 feet; 3. South 70 degrees 52 minutes 41 seconds West 15.72 feet; 4. South 02 degrees 58 minutes 29 seconds East 46.72 feet; 5. South 25 degrees 17 minutes 19 seconds East 47.73 feet; 6. South 16 degrees 20 minutes 52 seconds West 36.58 feet; 7. South 79 degrees 47 minutes 47 seconds West 24.02 feet; 8. North 44 degrees 04 minutes 14 seconds West 86.04 feet; 9. North 51 degrees 42 minutes 03 seconds West 114.50 feet; 10. North 46 degrees 03 minutes 29 seconds West 58.95 feet; 11. North 37 degrees 30 minutes 10 seconds West 40.74 feet; 12. North 23 degrees 16 minutes 54 seconds East 38.29 feet; 13. North 49 degrees 09 minutes 36 seconds East 35.19 feet; 14. South 79 degrees 52 minutes 22 seconds West 30.26 feet; 15. South 64 degrees 05 minutes 54 seconds West 22.72 feet; 16. North 42 degrees 02 minutes 57 seconds West 137.92 feet; 17. North 69 degrees 05 minutes 55 seconds West 51.85 feet; SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11065 Policy No. 7230632-213788406 18. North 60 degrees 45 minutes 49 seconds West 131.06 feet; 19. North 42 degrees 11 minutes 23 seconds West 15.82 feet to land now or formerly Joseph Gebbia; THENCE along land now or formerly of Joseph Gebbia and along land now or formerly of Half Hollow Nursery Realty Corp. the following two (2) courses and distances: 1. North 46 degrees 58 minutes 38 seconds East 280.21 feet; 2. South 60 degrees 27 minutes 02 seconds East 719.35 feet to the point or place of Beginning. CONTAINING an area of 5.0314 Acres or 219,170 Square Feet; TOGETHER WITH a certain right of way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeight; THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four (4) courses and distances: a 1. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 2. North 32 degrees 22 minutes 30 seconds West 141.32 feet; 3. North 57 degrees 28 minutes 17 seconds West 55.41 feet; 4. North 46 degrees 25 minutes 08 seconds West 996.83 feet to land now or formerly Jeffry Hallock; THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Hallock Holding Corp; THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE North 37 degrees 01 minutes 40 seconds West through land now or formerly Capital Asset Retirement Fund LLC 130.40 feet to land now or formerly Tristate Capital Holdings LLC; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Tristate Capital Holdings LLC 50.15 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: 1. South 37 degrees 01 minutes 40 seconds East 122.38 feet; 2. South 46 degrees 25 minutes 08 seconds East 8.24 feet to land now or formerly Hallock Holding Corp.; SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11065 Policy No. 7230632-213788406 THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Hallock Holdin 133.90 feet to land now or formerly Jeffry Hallock; a Corp THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Jeffre Hallock feet to land now or formerly.Capital Asset Retirement Fund LLC; Y 260.59 THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE South 32 degrees 22 minutes 30 seconds East along other land now or formerly Capital As Retirement Fund LLC 150.00 feet to a point; p set THENCE through land now or formerly Capital Asset Retirement LLC the following two 2 distances: g ( ) courses and 1. South 64 degrees 31 minutes 35 seconds East 91.36 feet; 2. South 38 degrees 17 minutes 20 seconds East 200.36 feet to the northerly side of P Boulevard; econic Bay THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Ba Boul 25.59 feet to the monument found at the point or place of Beginning. Y evard Vest Pa BEGINNING at a point at the northeasterly corner of Lot 7, "Golden View Estates", Suffolk County 7770, said point being situate South 46 degrees 58 minutes 38 seconds West a measured alon e'Inoro line of the above described "East Parcel' and its continuation westerly 340.03 feet; g therly RUNNING THENCE from said point of beginning North 46 degrees 58 minutes 38 seconds East alongland now or formerly Joseph Gebbia 9.85 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following eight 8 tie-line courses and distances: ( ) 1. South 05 degrees 27 minutes 33 seconds East 14.63 feet; 2. South 52 degrees 41 minutes 43 seconds East 23.68 feet; 3. North 79 degrees 19 minutes 25 seconds East 25.39 feet; 4. North 48 degrees 29 minutes 04 seconds East 22.00 feet; 5. South 54 degrees 58 minutes 50 seconds East 72.15 feet; 6. South 26 degrees 24 minutes 36 seconds West 32.10 feet; 7. South 53 degrees 03 minutes 42 seconds West 27.84 feet; 8. South 11 degrees 43 minutes 11 seconds East 17.74 feet to Lot A, "Laurel Park-Subdivision of Lots & 53", Suffolk County File No. 0212; 52 SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11065 Policy No. 7230632-213788406 THENCE south 60 degrees 46 minutes 58 seconds West along Lot A, "Laurel Park-Subdivision of Lots 52 & 53" 16.19 feet to Lot 7, "Golden View Estates"; THENCE North 35 degrees 09 minutes 22 seconds West along Lot 7, "Golden View Estates" 140.36 feet to the point or palace of BEGINNING. CONTAINING an area of 0.1420 Acre or 6,187 Square Feet. SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Policy No 7230632-213788406 Title No 18-38-0150-11065 SCHEDULE B Showing defects, liens, encumbrances and other matters against which the Company does not, by this Policy, insure: 1. Rights and Easement in Liber 2358 page 448. 2. Rights and (2) Fifty Foot Rights of Way(s) in Liber 5242 page 557 and other deeds. 3. Except rights and easements of others to drain through or otherwise use Brushes Creek, etc. abutting or running through the premises herein, but the policy does not insure that the owner of the premises herein has any right to drain through or otherwise use*brook, etc. across adjacent land. 4. No title will be insured to any land now or formerly lying in the bed of Brushes Creek, its arms, branches or tributaries by whatever name called. 5. Subject to the natural and unobstructed flow of Bushes Creek across premises. 6. Subject to any state of facts Street Reports would show. 7. Variations between tax lot and lines of record title. 8. The area shown on the survey as "WETLANDS" is subject to the New York Tidal Wetlands Acts and the use thereof must be approved by the Department of Environmental Conservation of the State of t New York. 9. Survey made by Young &Young Land Surveyor dated June 13, 2017, certification only amended on 3/9/2018, shows vacant land with no encroachments or variations except the following: AS TO EAST PARCEL: 1. Woods on most of premises extends to premises on Northeast and Southeast. 2. Hedges vary with part of Northeasterly and Southeasterly corner of premises. 3. Right of way with earth roadway over Southeasterly part of premises as set forth in description herein. 4. Landward limit of Tidal Wetlands over Southwesterly part of premises. 5. High water mark of Brushes Creek at part of premises. AS TO WEST PARCEL: 1. Shows wetlands 2. Wood bulkhead, wood bridge and stone roadway north of premises. No other changes. SUBJECT TO ANY STATE OF FACTS AN ACCURATE SURVEY MIGHT SHOW SINCE THE DATE OF THE ABOVE SURVEY SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago 1atceinsurance company Policy No 7230632-213788406 Title No 18-38-0150-11065 SCHEDULE B 10. Policy excepts water charges plus interest and penalties, if any. SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company ALTA ENDORSEMENT FORM 39-06 TIRSA Policy Authentication Title No. 18-38-0150-11065 Attached to and made a part of Policy No. 7230632-213788406 When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the conditions this endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED: 4/20/2018 Chicago Title Insurance Company By Authorized Signatory ( 1 Page 1 of 1 TP-SENY-708.01 ALTA 39-06 Policy Authentication Endorsement(6/26/2016) Chicago Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made a part of Policy No. 7230632-213788406 Title No. 18-38-0150-11065 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. !" IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED: 4/20/2018 Chicago Title Insurance Company By--- /-- Auth zed Signatory TP-SENY-034.01 \ Standard New York Endorsement(7/1/2012) For Use With ALTA Owner's Policy(6/17/2006) (a) a fraudulent conveyance or fraudulent transfer; or and created or attaching between Date of Policy and (b) a preferential transfer for any reason not stated the date of recording in Covered Risk 9 of this policy. of the deed or other S. An instrument of transfer in the Public Records that Y lien on the Title for real estate taxes or vests Title assessments imposed b as shown m Schedule A. Y governmental authority CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: roads, avenues, alleys, lanes, ways or waterways, but this (a) "Amount of Insurance": The amount stated in does not modify or limit the extent that a right of access to Schedule A, as may and from the Land is insured by this policy. endorsement to this policby, incre sed by by Section 8(b), or (h) "Mortgage": Mortgage, deed of trust, trust deed, or decreased by Sections 10 and 11 of these Conditions. other security instrument, including one evidenced by (b) "Date of Policy": The date designated as `Date of electronic means authorized by law, Policy" in Schedule A. (c)"Entit " (i) 'Public Records": Records established under state Y . A corporation, partnership ' statutes at Date of Policy for the purpose of imparting liability company, or other similar legal enti' trust, limited constructive notice of (d) "Insured": The Insured named in Schedule A. matters relating to real property to purchasers for value and without Knowledge. With respect (i) The term "Insured" also includes to Covered Risk 5(d), (A) successors e the Title of the Insured b environmental ( )' "Public Records" shall also include operation of law as distinguished from purchase, including clerk of the United States tection eDistictt Courns filed in t forcthes of the district heirs, devisees, survivors, personal representatives, or where the Land is located. next of kin; (j) "Title": The Schedule A. estate or interest described in B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization• (k) "Unmarketable Title": Title affected by an alleged or (C) successors to an Insured by its conversion or lessee of the Title or lender on th apparent matter that would permit a prospective purchaser to another kind of Entity; e Title to be released (D) a grantee of an Insured under a deed -contractual condition requiring the del from the obligation to purchase, lease, or lend if there is a delivered without payment of actual valuable consideration title. conveying the Title every of marketable (1) if the stock, shares, memberships, or other z. CONTINUATION OF INSURANCE equity interests of the The coverage of this policy shall continue in force as of named Insured, grantee are wholly-owned by the Date of Policy in favor of an Insured, but only so long as (2) if the grantee wholly owns the named the Insured s anoretain on n secured or interest in the Land, or Insured, (3) if the grantee is wholly-owned b Mortgage given b a Y a Purchase money affiliated Entity of the named Insured y an so long as the Insured rshallehave liability rom the sby ere or son not Provided the warranties in any transfer or conveyance of the Title. This affiliated Entity and the named Insured are both wholly- policy shall not continue in force ' owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of of any purchaser from the Insured of either (i) an estate ror interest in the a trust created if a written instrument established b the �Y Land, or given an obligation secured by a purchase money Insured named in Schedule A for estate plannin y Mortgage given to the Insured. (ii) With regard to (A), (B), (C), and (D) reserving, 3' NOTICE OF CLAIM TO BE GIVEN BY INSURED however, all rights and defenses as to any successor that the Company would have had against an g' CLAIMANT Insured. y predecessor writing e Insured shall notify the Company promptly in (►) in case of any litigation as set forth in Se tion (e) "Insured Claimant": An Insured claiming loss or 5(a) of these Conditions, damage. to an Insured hereundermeany claim mIi in case no Ofleinterestorl that is(f)"Knowledge" or "Known": Actual knowledge, not cause adverse to thfor which s insured, and that might constructive knowledge or notice that may o imputed to b an Insured b y e Company may u liable y reason of the Public Records or an other rejected s this policy, bl (iii) if the Title, as insured, is records that impart constructive notice of matters affecting the Title. � as Unmarketable Title. If the Company Is 9 prejudiced by the failure of the Insured Claimant to (g) "Land": The land described in Schedule A, and Insuprovired Claimant under the ole affixed improvements that by law constitute real grope Prompt notice, the Company's liability to the The term "Land" does not include an Policy shall be reduced to the J y property the extent of the prejudice. lines of the area described in Schedule A, orbany on� ht 4' PROOF OF LOSS 1 title, interest, estate, or easement in abutting treets, amount of loss or dama e { In the event the Company is unable to determine the 7230632 9 the Company may, at its ' Copyright 2006-2016American ALTA Owners Land Title Association.oAll rights rlicy 06/17/06 eserved aThe use of nForm ( r any o r•vative thereof) is restricted to ALTA licensees and ALTA members in good standing as of he date Appended-306 use.e. rwr. )they uses are prohibited. Reprinted under license from the American Land Title Association, Page 3 of 6 option, require as a condition of payment that the Insured defend, prosecute, or continue any litigation, with regard Claimant furnish a signed proof of loss. The proof Of loss to the matter or matters requiring such cooperation. must describe the defect, lien, encumbrance, or other (b) The Company may reasonably require the Insured matter insured against by this policy that constitutes the Claimant to submit to examination under oath by any basis of loss or damage and shall state, to the extent authorized representative of the Company and to produce possible, the basis of calculating the amount of the loss or for examination, inspection, and copying, at such damage. reasonable times and places as may be designated by the S. DEFENSE AND PROSECUTION OF ACTIONS authorized representative of the Company, all records, in (a) Upon written request by the Insured, and subject whatever medium maintained, including books, ledgers, to the options contained in Section 7 of these Conditions, checks, memoranda, correspondence, reports, e-mails, the Company, at its own cost and without unreasonable disks, tapes, and videos whether bearing a date before or delay, shall provide for the defense of an Insured in after Date of Policy, that reasonably pertain to the loss or litigation in which any third party asserts a claim covered damage. Further„ if requested by any authorized by this policy adverse to the Insured. This obligation is representative of the Company, the Insured Claimant shall limited to only those stated causes of action alleging grant its permission, in writing, for any authorized matters representative of the Company to examine, inspect, and insured against by this policy. The Company shall have the copy all of these records in the custody or control of a third right to select counsel of its choice (subject to the right of party that reasonably pertain to the loss or damage. All the Insured to object for reasonable cause) to represent information designated as confidential by the Insured the Insured as to those stated causes of action. It shall not Claimant provided to the Company pursuant to this Section be liable for and will not pay the fees of any other counsel. shall not be disclosed to others unless, in the reasonable The Company will not pay any fees, costs, or expenses judgment of the Company, it is necessary in the incurred by the Insured in the defense of those causes of administration of the claim. Failure of the Insured Claimant action that allege matters not insured against by this to submit for' examination under oath, produce any policy. reasonably requested information, or grant permission to (b) The Company shall have the right, in addition to secure reasonably necessary the options contained in Section 7 of these Conditions, at as required in this subsection,�fun unless prohibited thirdinformation law'or its own cost, to institute and prosecute any action or governmental regulation, shall terminate any liability of proceeding or to do any other act that in its opinion may the Company under this policy as to that claim. be necessary or desirable to establish the Title, as insured, 7. OPTIONS TO PAY OR OTHERWISE SETTLE or to prevent or reduce loss or damage to the Insured. The CLAIMS; TERMINATION OF LIABILITY Company may take any appropriate action under the terms In case of a claim under this policy, the Company shall of this policy, whether or not it shall be liable to the have the following additional options: Insured. The exercise of these rights shall not be an (a) To Pay or Tender Payment of the Amount of admission of liability or waiver of any provision of this Insurance. Policy. If the Company exercises its rights under this To pay or tender payment of the Amount of Insurance subsection, it must do so diligently. under this policy together with any costs, attorneys' fees, (c)Whenever the Company brings an action or asserts a and expenses incurred by the Insured Claimant that were defense as required or permitted by this policy, the authorized by the Company up to the time of payment or Company may pursue the litigation to a final determination tender of payment and that the Company is obligated to by a court of competent jurisdiction, and it expressly pay. reserves the right, in its sole discretion, to appeal from any Upon the exercise by the Company of this option, all adverse judgment or order. liability and obligations of the Company to the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE under this policy, other than to make the payment (a) In all cases where this policy permits or requires required in this subsection,'shall terminate, including any the Company to prosecute or provide for the defense of liability or obligation to defend, prosecute, or continue any any action or proceeding and any appeals, the Insured litigation. shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the the Inbsured or With he Insured Claimant.or Otherwise Settle 'th Parties other Than right to use, at its option, the name of the Insured for this (i)To pay or otherwise settle with other parties for purpose. Whenever requested by the Company, the or in the name of an Insured Claimant any claim insured Insured, at the Company's expense, shall give the against under this policy. In addition, the Company will Company all reasonable aid (i) in securing evidence, pay any costs, attorneys' fees, and expenses incurred by obtaining witnesses, prosecuting or defending the action or the Insured Claimant that were authorized by the proceeding, or effecting settlement, and (ii) in any other Company up to the time of payment and that the Company lawful act that in the opinion of the Company may be is obligated to pay; or necessary or desirable to establish the Title, or any other (ii)To pay or otherwise settle with the Insured matter as insured. If the Company is prejudiced by the Claimant the loss or damage provided for under thispolicy, failure of the Insured to furnish the required cooperation, together with any costs, attorneys' fees, and expenses the Company's obligations to the Insured under the policy incurred by the Insured Claimant that were authorized by shall terminate, including any liability or obligation to 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 'All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 the Company up to the time of payment and that the which the Insured has agreed, assumed, or taken subject, Company is obligated to pay. or which is executed by an Insured after Date of Policy and Upon the exercise by the Company of either of the which is a charge or lien on the Title, and the amount so options provided for in subsections (b)(i) or (ii), the paid shall be deemed a payment to the Insured under this Company's obligations to the Insured under this policy for policy. the claimed loss or damage, other than the payments 12. PAYMENT OF LOSS required to be made, shall terminate, including any liability When liability and the extent of loss or damage have or obligation to defend, prosecute, or continue any been definitely fixed in accordance with these Conditions, litigation. the payment shall be made within 30 days. 8. DETERMINATION AND EXTENT OF LIABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR This policy is a contract of indemnity against actual SETTLEMENT monetary loss or damage sustained or incurred by the (a) Whenever the CoPnpany shall have settled and paid Insured Claimant who has suffered loss or damage by a claim under this policy, it shall be subrogated and reason of matters insured against by this policy. entitled to the rights of the Insured Claimant in the Title (a) The extent of liability of the Company for loss or and all other rights and remedies in respect to the claim damage under this policy shall not exceed the lesser of that the Insured Claimant has against any person or (1) the Amount of Insurance; or property, to the extent of the amount of any loss, costs, (ii)the difference between the value of the Title as attorneys' fees, and expenses paid by the Company. If insured and the value of the Title subject to the risk requested by the Company, the Insured Claimant shall insured against by this policy. execute documents to evidence the transfer to the (b) If the Company pursues its rights under Section 5 Company of these rights and remedies. The Insured of these Conditions and is unsuccessful in establishing the Claimant shall permit the Company to sue, compromise, or Title, as insured, settle in the name of the Insured Claimant and to use the (i) the Amount of Insurance shall be increased by name of the Insured Claimant in any transaction or 10%, and litigation involving these rights and remedies. (ii)the Insured Claimant shall have the right to have If a payment on account of a claim does not fully cover the loss or damage determined either as of the date the the loss of the Insured Claimant, the Company shall defer claim was made by the Insured Claimant or as of the date the exercise of its right to recover until after the Insured it is settled and paid. Claimant shall have recovered its loss. (c)In addition to the extent of liability under (a) and (b) The Company's right of subrogation includes the (b), the Company will also pay those costs, attorneys' rights of the Insured to indemnities, guaranties, other fees, and expenses incurred in accordance with Sections 5 policies of insurance, or bonds, notwithstanding any terms and 7 of these Conditions. or conditions contained in those instruments that address 9. LIMITATION OF LIABILITY subrogation rights. (a) If the Company establishes the Title, or removes 14. ARBITRATION the alleged defect, lien or encumbrance, or cures the lack Either the Company or the Insured may demand that of a right of access to or from the Land, or cures the claim the claim or controversy shall be submitted to arbitration of Unmarketable Title, all as insured, in a reasonably pursuant to the Title Insurance Arbitration Rules of the diligent manner by any method, including litigation and the American Land Title Association ("Rules"). Except as completion of any appeals, it shall have fully performed its provided in the Rules, there shall be no joinder or obligations with respect to that matter and shall not be consolidation with claims or controversies of other persons. liable for any loss or damage caused to the Insured. Arbitrable matters may include, but are not limited to, any (b) In the event of any litigation, including litigation by controversy or claim between the Company and the the Company or with the Company's consent, the Insured arising out of or relating to this policy, any service Company shall have no liability for loss or damage until in connection with its issuance or the breach of a policy there has been a final determination by a court of provision, or to any other controversy or claim arising out competent jurisdiction, and disposition of all appeals, of the transaction giving rise to this policy. All arbitrable adverse to the Title, as insured. matters when the Amount of Insurance is $2,000,000 or (c)The Company shall not be liable for loss or damage less shall be arbitrated at the option of either the Company to the Insured for liability voluntarily assumed by the or the Insured. All arbitrable matters when the Amount of Insured in settling any claim or suit without the prior Insurance is in excess of $2,000,000 shall be arbitrated written consent of the Company. only when agreed to by both the Company and the 10. REDUCTION OF INSURANCE; REDUCTION OR Insured. Arbitration pursuant to this policy and under the TERMINATION OF LIABILITY Rules shall be bindingupon the All payments under this policy, P parties. Judgment upon for costs, attorneys' fees, and expenses, shall nre reduce the any court of competent jurisdiction.award rendered by or(s) may be entered in Amount of Insurance by the amount of the payment. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 11. LIABILITY NONCUMULATIVE ENTIRE CONTRACT The Amount of Insurance shall be reduced by any (a) This policy together with all endorsements, if any, amount the Company pays under any policy insuring a attached to it by the Company is the entire policy and Mortgage to which exception is taken in Schedule B or to contract between the Insured and the Company. In 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any " Derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 411 other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 interpreting any provision of this policy, this policy shall be (a) Choice of Law: The Insured acknowledges the construed as a whole. Company has underwritten the risks covered by this policy (b) Any claim of loss or damage that arises out of the and determined the premium charged therefor in reliance status of the Title or by any action asserting such claim upon the law affecting interests in real property and shall be restricted to this policy. applicable to the interpretation, rights, remedies, or (c)Any amendment of or endorsement to this policy enforcement of policies of title insurance of the,jurisdiction must be in writing and authenticated by an authorized where the Land is located. person, or expressly incorporated by Schedule A of this Therefore, the court or an arbitrator shall apply the law policy. of the jurisdiction where the Land is located to determine (d) Each endorsement to this policy issued at any time the validity of claims against the Title that are adverse to is made a part of this policy and is subject to all of its the Insured and to interpret and enforce the terms of this terms and provisions. Except as the endorsement policy. In neither case shall the court or arbitrator apply its expressly states, it does not (i) modify any of the terms conflicts of law principles.to determine the applicable law. and provisions of the policy, (ii) modify any prior (b) Choice of Forum: Any litigation or other proceeding endorsement, (iii) extend the Date of Policy, or (iv) brought by the Insured against the Company must be filed increase the Amount of Insurance. only in a state or federal court within the United States of 16. SEVERABILITY America or its territories having appropriate jurisdiction. In the event any provision of this policy, in whole or in 18. NOTICES, WHERE SENT part, is held invalid or unenforceable under applicable law, Any notice of claim and any other notice or statement in the policy shall be deemed not to include that provision or writing required to be given to the Company under this such part held to be-invalid, but all other provisions shall policy must be given to the Company at CHICAGO TITLE remain in full force and effect. INSURANCE COMPANY, Attn: Claims Department, P.O. 17. CHOICE OF LAW; FORUM Box 45023, Jacksonville, FL 32232-5023. 7230632 - ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any -,Copyright thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. k1l other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 I FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial,Inc.,we respect and believe it is important to protect the privacy of consumers and our customers.This Privacy Notice explains how we collect, use, and protect any information that we collect from you,when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures-by following our opt-out procedure set forth at the end of this Privacy Notice. Tunes of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information about you, like your contact information from you via applications, forms, and information, address, demographic information, social security correspondence we receive from you and others related to our number (SSN), driver's license, passport, other government ID transactions with you. When you visit our websites from your numbers and/or financial information. We may also receive computer or mobile device, we automatically collect and store browsing information from your Internet browser, computer certain information available to us through your Internet and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website applications. experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to you,to information to our affiliates and/or nonaffiliated parties improve our products and services, and to communicate with providing services for you or us,to law enforcement agencies or you about these products and services. We may also share your governmental authorities, as required by law, and to parties contact information with our affiliates for marketing purposes. whose interest in title must be determined. Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of information from children who are under the age of 13, and our certain disclosure or use of your information or choose to not website is not intended to attract children. provide any personal information to us. Privacy Outside the Website. We are not responsible for the International Users. 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This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF,including Personal Information and Browsing Information collected through any FNF website,online service or application(collectively,the"Website"). Types of Information Collected other personal information needed from you to provide title We may collect two types of information from you: Personal insurance,real estate-and loan-related services to you. Information and Browsing Information. Browsing Information. FNF may collect the following categories Personal Information. FNF may collect the following categories of Browsing Information: of Personal Information: • Internet Protocol (or IP) address or device ID/UDID, protocol • contact information (e.g., name, address, phone number, email and sequence information; address); • browser language and type; • demographic information (e.g., date of birth, gender, marital . domain name system requests; status); • browsing history,such as time spent at a domain,time and date • social security number (SSN), driver's license, passport, and of your visit and number of clicks; other government ID numbers; • http headers,application client and server banners;and • financial account information;and ..operating system and fingerprinting data. Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. 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The Information"to learn how to limit the discretionary disclosure of uses of your Personal Information and/or Browsing Information your Personal Information and Browsing Information. that,by law,you cannot limit,include: • for our everyday business purposes — to process your Disclosures of your Personal Information may be made to the transactions, maintain your account(s), to respond to law following categories of affiliates and nonaffiliated third parties: enforcement or other governmental authority in connection • to third parties to provide you with services you have requested, with an investigation, or civil or criminal subpoenas or court and to enable us to detect or prevent criminal activity, fraud, orders,or report to credit bureaus; material misrepresentation,or nondisclosure; • for our own marketing purposes; • to our affiliate financial service providers for their use to market • for joint marketing with financial companies; and their products or services to you; • for our affiliates' everyday business purposes — information • to nonaffiliated third party service providers who provide or about-your transactions and experiences. perform services on our behalf and use the disclosed information You may choose to prevent FNF from disclosing or using your only in connection with such services; Personal Information and/or Browsing Information under the • to nonaffiliated third party service providers with whom we following circumstances("opt-out"): perform joint marketing,pursuant to an agreement with them to • for our affiliates' everyday business purposes — information market financial products or services to you; about your creditworthiness;and • to law enforcement or other governmental authority in • for our affiliates to market to you. Effective May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. To the extent permitted above, you may opt-out of disclosure or seivicer. In those instances,.we may collect certain information on use of your Personal Information and Browsing Information by behalf of that mortgage loan servicer via the website. The notifying us by one of the methods at the end of this Privacy information which we may collect on behalf of the mortgage loan Notice. We do not share your personal information with non- servicer is as follows: affiliates for their dirQct marketing purposes. •first and last name; For California Residents: We will not share your Personal .property address; Infornlation and Browsing Information with nonaffiliated third .user name and password; parties, except as permitted by California law. Currently, our .loan number; policy is that we do not recognize "do not track" requests from .social security number-masked upon entry; Internet browsers and similar devices. .email address; For Nevada Residents:You may be placed on our internal Do Not .three security questions and answers;and Call List by calling (888) 934-3354 or by contacting us via the .IP address. information set forth at the end of this Privacy Notice.Nevada law The information you submit through the website is then requires that we also provide you with the following contact transferred to your mortgage loan servicer by way of CCN. The information: Bureau of Consumer Protection, Office of the mortgage loan servicer is responsible for taking action or Nevada Attorney General,555 E. Washington St.,Suite 3900,Las making changes to any consumer information submitted Vegas, NV 89101; Phone number: (702) 486-3132; email: through this website. For example, if you believe that your BCPINFO@ag.state.nv.us. payment or user information is incorrect, you must contact For Oregon Residents: We will not share your Personal your mortgage loan servicer. Information and Browsing Information with nonaffiliated third CCN does not share consumer information with third parties, parties for marketing purposes, except after you have been other than (1) those with which the mortgage loan servicer has informed by us of such sharing and had an opportunity to indicate contracted to interface with the CCN application, or (2) law that you do not want a disclosure made for marketing purposes. enforcement or other governmental authority in connection with For Vermont Residents: We will not share your Personal an investigation, or civil or criminal subpoenas or court orders. 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Attn:Chief Privacy Officer The California Online Privacy Protection Act (888)934-3354 For some FNF websites,such as the Customer CareNet("CCN"), FNF is acting as a third party service provider to a mortgage loan Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A ABLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EMISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABUSH PROPERTY UNES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEP71C TANKS(ST)&CESSPOOLS(CP)SHOWN HLREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 01 CO pta t 400 Ostrander Avenue, Riverhead, New York 11901 pt �J tel. 651.12 -2-505 fax. 631.727.0144 Ot °� ( padmineyoungengineering.com N Qx Howard W. Young, Land Surveyor Thomas G. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer W �I E � \ 3� Robert G. Ta5t, Architect Robert 5tromski, Architect �° \0° Sod/�o�V 0� sr ho 51 TE DATA r eyR e ry t�. S FEA5TARCEL AREA = 5.0514 ACRES OR 21Q,170 50. FT. pt��joy° S6o y co,, WEST PARCEL AREA = 0.1420 ACRE OR Ill 5Q. FT. ,yip LOCUS Point of Beginning !NEST PARCEL ��° ��� ��- \ -\ N. 283282.48 o° G E. 1555030.56 'T NO IL 00 „s$SzD?? A/6q° � $0, �489$/8$'$'� ti T/r� r •\ 0 9 tD 0 2 ` ,`C� / �� Ix ti� C/, / TIE IN Q�° oG�O;�, �i �6, \q /�� \ �� L 0 S pro S, �y A°O, \ //Point of Beginning (ALONG WESTERLY 51DE OF RIGHT OF WAY FROM s �, j G,IO �2 EAST PARCEL NORTHERLY SIDE OF PEGONIG BAY BOULEVARD fiAN, N. 2�f3I Sof.7I I. N38°I7'2o"w 200.00' c � o�� E. 1503C104."5132. N89 6' Ars°21'23"W 58.8 �s�� \ !{� 3. N32o 22'30"W 141.32' }} C \ co�<o < ��a 1p \ �<jo 4. N57 28 I-! W 55.41 5. N46025'08"W 1391.33' 6. N5'7°01'40"W 130.40' \ a SGS p�� (ALONG LAND NOW OR FORMERLY CAPITAL) �°` 6/ o�10ms(0� ASSET RETIREMENT FUND LLC / 'G L m / \ Dc Of 1. N51026I 202.55' o° s'o try \ �� �o�,� ' .' 5URVEYOR'S CERTIFICATION KEY MAP \� a' ��'} \ SCALE: 1"=(600' a0 \\ \ �O \ �\ ' * NE HEREBY CERTIFY TO C O U NTY O F S U FF❑LK, TOWN OF SOUTHOLD & CHICAGO TITLE INSURANCE COMPANY THAT THI5 SURVEY WA5 PREPARED IN ACCORDANCE No ••\ ��� �,� \ / WITH THE CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY $ ��� THE NEW YORK STATE A550CIATION OF PROFESSIONAL LAND R6 8 �� �S • \ o�.� \ �O O \ ' 5URVEYOR5. 039 , ��p°��27 O ,gyp - �'� J`' 01 o I\ �0 N I 6 y 00, \ , HOWARD W. YOUNG, .S. L.S. Q. 45893 o � y O/� � Innl o o, 5UR\/EY MAP OF PROPERTY REPUTEDLY OF V* m 0 TRI 5TATE GAP I TAL HOLD I NGS LLG 5UFFOLK COUNTY NEIN DRINKING 5 141 VA WATER PROTECTION OPEN 5PACE E at Laurel, Town of Southold now or RIGHT OF WAY � Suffolk County, New York formerly SCALE: I"=too' CERTIFIED SURREY N Capital Asset no Or w now or formerly now or former) now or formerly x Ma District 1000 Section Retirement y C p fa/ ormer� q. Count Ta 12"7 Block 05 Lot 8 �a � Fund LLC Hallock Holding Jeffry Hallock y p $ L s ° Corp. Capital Asset Retirement Fund LLG Retire Asset ° now or fo �Und LLC t 9A.36 �e a e/fie '� set/yK FIELD SURVEY MAP PREPARED COMPLETED JJUNE UNE 25, 201? ___ ___ 5465025'1 nt o L G ° °25'08"E p 153.90' — ----- 260.54' ----- -- --------------------- 484.481138"T.21 --------------------- 83/8°220�'E S3 ° LLc fund iv Record of Revisions r 0.0 �G 15 1720"E } oV RECORD OF REVISIONS DATE EARTH ROADWAY � 200.361 tr u? _ �R��ADWA�- �N AMENDEM r:FRTIFI�ATIDNS MAR. 051. 20 a N �3p�� �7 ——155AO, ————— 260.591————— ga6.83' 3 01'40,, N46°25'08"Vd----------------- 1381.33' ---------------------��5541 N3a01712p11 U N�-i°2a11't W N3 no w ti °2�3°`"W Anne MarieOr oMMey 0 1gh 0 vto now Orforme 50 0 25 50 100 150 �,y1 Tristate rly �RUS> ES GREED �RUS>7-f5 GREG �� �+�iarn S appal sale: I" = 50' s 9 LLc D. JOB NO. 201-1-0096.6 DWG. 201�_0046_PGL6 OF I O = MONUMENT 5ET ■= MONUMENT FOUND L= 5TAKE 5ET 0= 5TAKE FOUND 0= FIFE FOUND SCTM #1000-127.-3-9.2 SCTM #127.-8-17.2 560 Diachun Road 2295 Great Peconic Bay Boulevard Laurel, New York CAPITAL ASSET RETIREMENT FUND, LLC t® COUNTY OF SUFFOLK & TOWN OF SOUTHOLD Deed dated April 20, 2018 Recorded August 22, 2018 in the office of the Suffolk County Clerk Liber D00012974, Page 978 Title Insurance Policy #7230632-213788775 issued by Chicago Title Insurance Company Title No. 18-38-0150-11066 Dated April 20, 2018 In the insured amount of $3437577.50 Surveys Prepared by Young & Young Last dated March 9, 2018 / March 30, 2018 Jobs No. 2017-0096.5 / 2017-0096. 1 CC#: C18-37496 L _ COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 08/2212018 under Liber D00012974 and Page 978 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 08/22/2018 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL IN E CE Fe LSU AUG 2 4 2018 n DEPT.OF LAND PRE ERVATION III IIIII IIIII IIIII Illll IIII11111 IIII • • Illillllilllilliliilllill SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 08/22/2018 Number of Pages: 9 At: 11:27:55 AM Receipt Number : 18-0156678 TRANSFER TAX NUMBER: 18-02356 LIBER: D00012974 PAGE: 978 District: Section: Block: Lot: _ 1000 127 .00 08.00 017. 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $343,577.50 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0 .00 YES Handling $0.00 YES. COE $0.00 YES NYS SRCHG $0.00 YE5 EA-CTY $0 . 00 YES EA-STATE $0 .00 YES TP-584 $0 .00 YES Notation $0 .00 YES Cert.Copies $0 .00 YES RPT $0.00 YES Transfer tax $0.00 YES Comm.Pres $0.00 YES Fees Paid $0 .00 TRANSFER TAX NUMBER: 18-02356 ' THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 L, 121 RECORDED ` 3712 Rua 22 11127:55 AN Nurriber of pages rUDITH A. PRICKLE CLEPJ: OF SUFFOLK COUNTY This document will be public L D7r_+7129?4 .record. Please,remove-all P 918 DT# 19-023% . Social Security:Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling4-. w �/ 1. Basic Tax ✓ 2. Additional Tax TP-584 7 Sub Total Notation SpecJAssit. or EA-52 17(County) Sub Total Spec./Add. EA-'5217(Sta 7i�� TOT MTG.TAX R.P.T.S.A. co Dual Town Dual County Held for Appointment Comm.of 5. 00 Transfer Tax Affidavit • Mansion Tax. Certified Copy ---��7i� The property covered by this mortgage is Sub Total or will be improved by a one or two NYS Surcharge 15. 00 �(` J� family dwelling only. /Other YES or NO Grand Total 4'i,/l If NO,see appropriate tax clause on - page# of this•ins ent. 4 Dist Do 18028012 _ z 5 Community Preservation-Fund Real Property PTS I "'n I Tax Service R I Jl�il Consideration Amount$. 3 cS LPA A Agency 22-Auc4 CPF Tax Due $ £'Y�,G - Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO. �- 1 cnln c1s 11— Vacant Land UNTY DIV. 'rYACQU MMON TD /0 AND MANAGEMBNT 1LLEEDENN1=WJ1LDG.:%dFlWR TD -100 VM RANS•1ffiWItIALHIG W" P.O.BO X6100 TD HAUPPAUGIE.NY 117813-01W Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Comimny Information 310 Center Drive, Riverhead, NY 11901 Co.Name www suffolkcountyny gov/clerk Title# 8 Suffolk Countv Recording & Endorsement Paeye This page forms part of the attached —40 made by. (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in L L SUFFOLK COUNTY,NEW YORK. a In the TOWN of v a A- �'A In the VILLAGE fir/ a J or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) PT S Doc ID 18028012 2-AUG-1 B Tax Maps District Secton Block Lot School District Sub Division Name 1000 12700 0300 009002 1000 12700 0800 017002 MATTITUCK-CUTCHOGUE 1 SUFFOLK COUNTY BARGAIN AND SALE DEED WITH COVENANTS THIS INDENTURE, made the 2o`h day of April, 2018. BETWEEN Capital Asset Retirement Fund, LLC, with an address at 35 Marion Circle, Wading River, New York 11792, party of the first part, ------- AND the COUNTY OF SUFFOLK, a municipal corporation of the DISTRIC State of New York, having its principal office at the Suffolk 1000 County Center, Center Drive, Riverhead, New 'York 11901, which ------- will acquire a seventy nine percent (799.) undivided interest in SECTION and to the parcel, and the TOWN OF SOUTHOLD, a municipal 127.00 corporation, with principal offices at 53095 Route 25, P.O. Box ------- 1179, Southold, New York 11971, which will acquire the BLOCK remaining twenty one percent (210) undivided interest in and to 03.00 the parcel, as tenants-in-common, hereafter described ------- individually, or as the parties of the second part, LOT 009.002 WITNESSETH, that the party of the first part, in consideration of three hundred forty three thousand five hundred DISTRICT seventy seven and 50/100 DOLLARS ($343,577.50) and other 1000 valuable consideration paid by the party of the second part, ------- does hereby grant and release unto the party of the second part, SECTION the heirs or successors and assigns of the party of the second 127.00 part forever, BLOCK ALL, that certain piece or parcel of land, situated in the 08.00 Town of Southold, County of Suffolk, and State of New York, more -------- particularly bounded and described as follows: (see description LOT annexed hereto as Schedule "A" and made a part hereof) : 017.002 -------- THIS DEED is given in accordance with Article XII of the Suffolk County Charter, as amended and effective December 1, 2007 and pursuant to Suffolk County Charter Article XII, Suffolk County Drinking Water Protection Program, as amended and effective as of November 30, 2000 and Resolution No.877-2005, Resolution No. 248-2015 Resolution No. 104--2017 and Town of Southold Resolution No. 791-2016, all on file with the Clerk of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to Capital Asset Retirement Fund, LLC by deed from Richard M. Klein, Esq., referee by deed dated March 30, 2017 and recorded May 17, 2017 in Liber 12912, page 938 and page 939. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with all right, title and interest, if any, that the party of the first part has in and to any strips and gores between the above described parcel and adjoining owners. TOGETHER with all right, title and interest of the party of the first part in and to all streets and roads abutting the above described premises to the center lines thereof, and the ponds, marshes, rivers, lakes, creeks, waters, and lands under water located in, upon or adjoining the above described premises, and all littoral, riparian and shore rights in any way pertaining or belonging thereto. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Capital Asset Retirement Fund, LLC By: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) f On this 710 day of in the year 2018, before me, the undersigned, personally appeared W, /1,'a.vt y�dvlrer , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WENDN NOTARY PUBLIC,.STATE STATE OFF NEW YORK Registration No.01ST4642045 Qualified InSuffolk County NotaP lic: State of New York CommLwon Expires August 31,2021 BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 127.00 GRANTOR'S ACT BLOCK 03.00 TITLE NO. 18-38-0150-11066 LOT 009.002 AND CAPITAL ASSET RETIREMENT FUND, LLC DISTRICT 1000 TO SECTION 127.00 BLOCK 08.00 COUNTY OF SUFFOLK AS TO 79% LOT 017.002 UNDIVIDED INTEREST AND TOWN OF SOUTHOLD AS TO 21% UNDIVIDED INTEREST RECORD & RETURN TO: PHYLLIS J. BENINCASA Dept. of Economic Development and Planning Div, of Real Property Acquisition and Management H. Lee Dennison Bldg. , 21d Floor P.O. Box 6100 Hauppauge, NY 11787 ABSTRACTS, INCORPt) RATEO'" Residential S�Comme Insurercial Titla r� nca slnca 1 984. } as agentfor Chicago Title Insurance Cofnpany SCHEDULE A DESCRIPTION Title Number: 18-38-0150-11066 AMENDED 4/18/2018: Page; 1 Parcel 1-(Lot 009.002) ALL that certain plot piece or parcel of land,situate, lying and being at Laurel,Town of Southold, County of Suffolk and State of New York,bounded and described as follows. BEGINNING at a point at the northeasterly corner of land now or formerly of Hallock Holding Corp.,said point being situate the following five(5)courses and distances as measured along the westerly side of a certain right of way from the northerly side of Peconic Bay Boulevard and the sixth course and distance being measured along land now or formerly Hallock Holding Corp.: 1. North 38 degrees 17 minutes 20 seconds West 200.00 feet; 2. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 3. North 32 degrees 22 minutes 30 seconds West 141.32 feet; 4. North 57 degrees 28 minutes 17 seconds West 55.41 feet; 5. North 46 degrees 25 minutes 08 seconds West 1,391 33 feet,surveyor,(11391.32 feet,actual); 6. North 57 degrees 26 minutes 58 seconds East 522.37 feet; RUNNING THENCE from said point of beginning South 57 degrees 26 minutes 58 seconds West along land now or formerly Hallock Holding Corp.577.16 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate high water mark of Brushes Creek the following four(4)tie-tine courses and distances: 1. North 57 degrees 52 minutes 06 seconds West 103.02 feet; 2. South 88 degrees 11 minutes 11 seconds West 35.34 feet; i 3. South 47 degrees 51 minutes 41 seconds West 17.63 feet; 4. North 21 degrees 48 minutes 46 seconds West 22.14 feet to land now or formerly Tristate Capital Holdings,LLC; THENCE along land now or formerly Tristate Capital Holdin Half Hollow Nursery Realty Corp.the followigs LLC and along land now or,formerly ng two(2)courses and distances: 1 North 57 degrees 26 minutes 58 secondsEast 664.85 feet to a monument found; 2. South 32 degrees 33 minutes 02 seconds East 130.00 feet to the point or place of beginning. rAPr9 18 2018 �� `< I AE3STRACTS, 1NCpgF'pgATEp'"" Aasid®ntial 6 Commercial Tit,®Inau,,n since �gq as agenljor } Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11066 Parcel]-(Lot 009.002)—CONTINUED: Page: 2 SUBJECT TO&TOGETHER with a certain right of way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 2. North 32 degrees 22 minutes 30 seconds West 141.32 feet; 3. North 57 degrees 28 minutes 17 seconds West 55.41 feet; 4. North 46 degrees 25 minutes 08 seconds West 996.83 feet to land now or formerly Jeffry Hallock; THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Hallock Holding Corp. THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Capital Asset Retirement Fund LLC; - , THENCE North 37 degrees 01 minutes 40 seconds West through land now or formerly Capital Asset Retirement Fund LLC 130.40 feet to land now or formerly Tristate Capital Holdings LLC; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Tristate Capital holdings LLC 50 15 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: 1. South 37 degrees 01 minutes 40 seconds East 122.38 feet; 2. South 46 degrees 25 minutes 08 seconds East 8.24 feet to land now or formerly of Hallock Holding Corp THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Jeffry Hallock; SPF 1 8 2015 � l MZ ABSTRACTS, IfVCpRPORA-f'E0— Residantal 6 Cor-n ial Titia Inauranca�tnca 8B4 OS agen[jor Chicago Titlelnsurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11066 Parcel 1-(Lot 009.002)—CONTINUED: Page: 3 THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Capital Asset Retirement Fund LLC; Asset Retirement Fund LLC 984.48 feet to other land now or formerly THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Capital Fund LLC; Capital Asset Retirement THENCE South 32 degrees 22 minutes 30 seconds East along other land now or formerly Capital Asset Retirement Fund LLC 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: 1. South 64 degrees 31 minutes 35 seconds East 91.36 feet; 2 South 38 degrees 17 minutes 20 seconds East 200 36 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of BEGINNING. i LAPP ) o ZUE • ABSTRACTS, IIVCpRpORATEp'"' . RaBidantial 6a Commarctal Title Insurance snca�884 \ as agentfor Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11066 Parcel ll-(Lot 017.002) Page: 4 County of Suffolk and State of New York,bounded and described as follows;ALL that certain plot,piece or parcel of land,situate,lying and being at Laurel,Town of Southold, BEGINNING at a pipe found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh,said point being situate the following two(2) courses and distances from a monument found at the intersection of the northerly side of Peconic Bay Boulevard and the westerly side of a certain right of way; 1. South 39 degrees 22 minutes 10 seconds West 49.86 feet; 2. South 56 degrees 56 minutes 10 seconds West 39.34 feet; RUNNING THENCE from said point of beginning South 58 degrees 56 minutes 40 seconds West along the northerly side of Peconic Bay Boulevard 98.00 feet to land now or formerly James Murray; THENCE North 37 degrees 00 minutes 20 seconds West along land now or formerly James Murray 83.03 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following two(2)tie- line courses and distances: 1. North 31 degrees 42 minutes 28 seconds West 43.45 feet; 2. North 45 degrees 06 minutes 58 seconds West 28.43 feet to land now or formerly James Murray; THENCE North 37 degrees 00 minutes 20 seconds West along land now or formerly James { Murray and along land now or formerly of Unknown Owner 164.66 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following two(2)tie- line courses and distances: 1. North 77 degrees 42 minutes 41 seconds East 21 38 feet; 2. North 40 degrees 05 minutes 31 seconds West 38.89 feet to land now or formerly Capital Asset Retirement Fund LLC; 18 201$ ABSTRACTS, IIVCORI�ORATEf� " Aasidantial 6 Ccmmarcial Titles Inauranca since 1 BB4 as agentjor Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11066 Page: 6 Parcel II-(Lot 017.002)—CONTINUED: THENCE along land now or formerly Capital Asset Retirement Fund LLC and along land now or formerly Anne Marie McVeigh the following two(2)courses and distances: 1. North 51 degrees 26 minutes 40 seconds East 72.08 feet; 2. South 38 degrees 17 minutes 20 seconds East 361.20 feet to the point or place of BEGINNING. CONTAINING an area of 0.7431 Acre or 32.368 Sq.Ft.; r , COMPAXV Policy No.: 2160-1-18-38-0150-11066-2018.7230632-213788775 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE encroachments of existing improvements EXCEPTIONS FROM COVERAGE CONTAINED IN located on the Land onto adjoining land, and SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE encroachments onto the Land of existing INSURANCE COMPANY, a Florida corporation, (the improvements located on adjoining land. "Company") insures as of Date of Policy and, to the 3. Unmarketable Title. extent stated in Covered Risks 9 and 10, after Date of 4. No right of access to and from the Land. Policy, against loss or damage, not exceeding the 5. The violation or enforcement of any law, Amount of Insurance, sustained or incurred by the ordinance, permit, or governmental regulation Insured by reason of: (including those relating to building and zoning) 1. Title being vested other than as stated in restricting, regulating, prohibiting, or relating to Schedule A. (a) the occupancy, use, or enjoyment of the 2. Any defect in or lien or encumbrance on the Land; Title. This Covered Risk includes but is not (b) the character, dimensions, or location of any limited to insurance against loss from improvement erected on the Land; (a) A defect in the Title caused by (c) the subdivision of land; or (i) forgery, fraud, undue influence, duress, (d) environmental protection if a notice, describing any part of the Land, is incompetency, incapacity, or recorded in the Public Records setting forth the impersonation; violation or intention to enforce, but only to the (ii) failure of any person or Entity have extent of the violation or enforcement referred authorized a transfer or conveyance; to in that notice. (iii)a document affecting Title not properly 6. to enforcement action based on the exercise of createdexecuted, witnessed, sealed, a governmental police power not covered by acknowledged, notarized, or delivered; Covered Risk 5 if a notice of the enforcement (iv)failure to perform those acts necessary action, describing any part of the Land, is m create a document by electronic recorded in the Public Records, but only to the means authorized by law; extent of the enforcement referred to in that (v) a document executed under a falsified, notice. expired, or otherwise invalid power of 7. The exercise of the rights of eminent domain if a attorney; notice of the exercise, describing any part of the (vi)o document not properly filed, recorded, Land, is recorded in the Public Records. in indexed in the Public Records S. Any taking by a governmental body that has including failure to perform those acts by occurred and is binding on the rights of a electronic means authorized by law; or purchaser for value without Knowledge. (vii) a defective judicial or administrative 9. Title being vested other than as stated Schedule proceeding. A or being defective (b) The lien of real estate taxes or assessments A b result of the avoidance in whole or in imposed on the Title by a governmental part, or from a court order providing an authority due or payable, but unpaid. alternative remedy, of a transfer of all or (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting any part of the title to or any interest in the the Title that would be disclosed by an Land occurring prior to the transaction accurate and complete land survey of the vesting Title as shown in Schedule A Land. The term "encroachment" includes because that prior transfer constituted a fraudulent or preferential transfer under 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 federal bankruptcy, state insolvency, or 10. Any defect in or lien or encumbrance on the Title similar creditors' rights laws; or or other matter included in Covered Risks 1 (b) because the instrument of transfer vesting through 9 that has been created or attached or Title as shown in Schedule A constitutes a has been filed or recorded in the Public Records preferential transfer under federal subsequent to Date of Policy and prior to the bankruptcy, state insolvency, or similar recording of the deed or other instrument of creditors' rights laws by reason of the failure transfer in the Public Records that vests Title as of its recording in the Public Records shown in Schedule A. (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. CHICAGO TITLE INSURANCE COMPANY Countersigned: By: _`'� U ; By: Authorized Officer or Agerit Abstracts, Incorporated, 100 Garden City Plaza, Ste 201President Garden City, NY 11530 Tel:516-683-1000 Fax:516-683-0089 Attest: Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the 3. Defects, liens, encumbrances, adverse claims, or coverage of this policy, and the Company will not pay other matters: loss or damage, costs, attorneys' fees, or expenses that (a) created, suffered, assumed, or agreed to by the arise by reason of: Insured Claimant; 1. (a) Any law, ordinance, permit, or governmental (b) not Known to the Company, not recorded in the regulation (including those relating to building Public Records at Date of Policy, but Known to and zoning) restricting, regulating, prohibiting, the Insured Claimant and not disclosed in writing or relating to to the Company by the Insured Claimant prior to (i) the occupancy, use, or enjoyment of the the date the Insured Claimant became an Land; Insured under this policy; (ii) the character, dimensions or location of any (c) resulting in no loss or damage to the Insured improvement erected on the Land; Claimant; (iii)the subdivision of land; or (d) attaching or created subsequent to Date of (iv)environmental protection; Policy (however, this does not modify or limit or the effect of any violation of these laws, the coverage provided under Covered Risk 9 and ordinances, or governmental regulations. This 10); or Exclusion 1(a) does not modify or limit the (e) resulting in loss or damage that would not have coverage provided under Covered Risk 5. been sustained if the Insured Claimant had paid (b) Any governmental police power. This Exclusion value for the Title. 1(b) does not modify or limit the coverage 4. Any claim, by reason of the operation of federal provided under Covered Risk 6. bankruptcy, state insolvency, or similar creditors' 2. Rights of eminent domain. This Exclusion does not rights laws, that the transaction vesting the Title as modify or limit the coverage provided under Covered shown in Schedule A, is Risk 7 or 8. 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 Chicago Title Insurance Company AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY(6-17-2006) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Policy No. 7230632-213788775 Title Number Effective Date Amount of Insurance 18-38-0150-11066 4/20/2018 $343,577.50 1. Name of Insured: County of Suffolk as to 79%Interest and Town of Southold as to 21%Interest 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested by: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest who acquired title by deed from Capital Asset Retirement Fund LLC dated 4/20/2018 and to be recorded in the Office of the Clerk of the County of Suffolk. 4. The land referred to in this Policy is described herein on Schedule A Description of Premises. For Information: Premises known as: 560 Diachun Road,Southold,NY 11971; 2295 Great Peconic Bay Boulevard,Southold,NY 11971 Authorized SigVatory SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11066 Policy No. 7230632-213788775 AMENDED 4/18/2018: Parcel 1-(Lot 009.002) ALL that certain plot piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point at the northeasterly corner of land now or formerly of Hallock Holding Corp., said point being situate the following five (5) courses and distances as measured along the westerly side of a certain right of way from the northerly side of Peconic Bay Boulevard and the sixth course and distance being measured along land now or formerly Hallock Holding Corp.: 1. North 38 degrees 17 minutes 20 seconds West 200.00 feet; 2. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 3. North 32 degrees 22 minutes 30 seconds West 141.32 feet; 4. North 57 degrees 28 minutes 17 seconds West 55.41 feet; 5. North 46 degrees 25 minutes 08 seconds West 1,391.33 feet, surveyor, (1,391.32 feet, actual); 6. North 57 degrees 26 minutes 58 seconds East 522.37 feet; RUNNING THENCE from said point of beginning South 57 degrees 26 minutes 58 seconds West along land now or formerly Hallock Holding Corp. 577.16 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate high water mark of Brushes Creek the following four (4) tie-line courses and distances: 1. North 57 degrees 52 minutes 06 seconds West 103.02 feet; 2. South 88 degrees 11 minutes 11 seconds West 35.34 feet; 3. South 47 degrees 51 minutes 41 seconds West 17.63 feet; 4. North 21 degrees 48 minutes 46 seconds West 22.14 feet to land now or formerly Tristate Capital Holdings, LLC; THENCE along land now or formerly Tristate Capital Holdings LLC and along land now or formerly Half Hollow Nursery Realty Corp. the following two (2) courses and distances: 1. North 57 degrees 26 minutes 58 seconds East 664.85 feet to a monument found; 2. South 32 degrees 33 minutes 02 seconds East 130.00 feet to the point or place of beginning. SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11066 Policy No. 7230632-213788775 AMENDED 4/18/2018: Parcel 1-(Lot 009.002) —CONTINUED: SUBJECT TO &TOGETHER with a certain right of way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four (4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 2. North 32 degrees 22 minutes 30 seconds West 141.32 feet; 3. North 57 degrees 28 minutes 17 seconds West 55.41 feet; 4. North 46 degrees 25 minutes 08 seconds West 996.83 feet to land now or formerly Jeffry Hallock; THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Hallock Holding Corp. THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE North 37 degrees 01 minutes 40 seconds West through land now or formerly Capital Asset Retirement Fund LLC 130.40 feet to land now or formerly Tristate Capital Holdings LLC; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Tristate Capital holdings LLC 50.15 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: 1. South 37 degrees 01 minutes 40 seconds East 122.38 feet; 2. South 46 degrees 25 minutes 08 seconds East 8.24 feet to land now or formerly of Hallock Holding Corp. THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Jeffry Hallock; SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11066 Policy No. 7230632-213788775 AMENDED 4/18/2018: Parcel 1-(Lot 009.002) —CONTINUED: THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE South 32 degrees 22 minutes 30 seconds East along other land now or formerly Capital Asset Retirement Fund LLC 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: 1. South 64 degrees 31 minutes 35 seconds East 91.36 feet; 2. South 38 degrees 17 minutes 20 seconds East 200.36 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of BEGINNING. SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11066 Policy No. 7230632-213788775 AMENDED 4/18/2018: Parcel II-(Lot 017.002) ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a pipe found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh, said point being situate the following two (2) courses and distances from a monument found at the intersection of the northerly side of Peconic Bay Boulevard and the westerly side of a certain right of way; 1. South 39 degrees 22 minutes 10 seconds West 49.86 feet; 2. South 56 degrees 56 minutes 10 seconds West 39.34 feet; RUNNING THENCE from said point of beginning South 58 degrees 56 minutes 40 seconds West along the northerly side of Peconic Bay Boulevard 98.00 feet to land now or formerly James Murray; THENCE North 37 degrees 00 minutes 20 seconds West along land now or formerly James Murray 83.03 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following two (2) tie-line courses and distances: 1. North 31 degrees 42 minutes 28 seconds West 43.45 feet; 2. North 45 degrees 06 minutes 58 seconds West 28.43 feet to land now or formerly James Murray; THENCE North 37 degrees 00 minutes 20 seconds West along land now or formerly James Murray and along land now or formerly of Unknown Owner 164.66 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following two (2)tie-line courses and distances: 1. North 77 degrees 42 minutes 41 seconds East 21.38 feet; 2. North 40 degrees 05 minutes 31 seconds West 38.89 feet to land now or formerly Capital Asset Retirement Fund LLC; SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11066 Policy No. 7230632-213788775 AMENDED 4/18/2018: Parcel II-(Lot 017.002) —CONTINUED: THENCE along land now or formerly Capital Asset Retirement Fund LLC and along land now or formerly Anne Marie McVeigh the following two (2) courses and distances: 1. North 51 degrees 26 minutes 40 seconds East 72.08 feet; 2. South 38 degrees 17 minutes 20 seconds East 361.20 feet to the point or place of BEGINNING. CONTAINING an area of 0.7431 Acre or 32.368 Sq. Ft.; SCHEDULE A A.L.T.A 2006 OWNERS POLICY i Chicago Title g Insurance Company Policy No 7230632-213788775 Title No 18-38-0150-11066 SCHEDULE B i Showing defects, liens, encumbrances and other matters against which the Company does not, by this Policy, insure: 1. Rights and Easement in Liber 2358 page 448. 2. Rights and (2) Fifty Foot Rights of Way(s) in Liber 5242 page 557 and other deeds. 3. Right of Ways in deed in Liber 12912 page 938 and other deeds and as set forth in Schedule A herein. 4. Variations between tax lot and lines of record title. 5. Policy excepts any loss or damage resulting from any claims by the foreclosed owners, tenants or persons in possession. In addition the policy excepts the defense of any of the above claims and the costs related thereto.,, 6. Except rights and easements of others to drain through or otherwise use Brushes Creek, etc. abutting or running through the premises herein, but the policy does not insure that the owner of the premises herein has any right to drain through or otherwise use Brushes Creek, etc. across adjacent land. r 7. No title will be insured to any land now or formerly lying in the bed of Brushes Cre branches or tributaries by whatever name called. ek, its arms, 8. Subject to the natural and unobstructed flow of Brushes Creek across premises. 9. Variations between tax lot and lines of record title. 10. The area shown on the survey as "WETLANDS" is subject to the New York Tidal Wetlands Acts and the use thereof must be approved by the Department of Environmental Conservation of the State of New York. SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Policy No 7230632-213788775 Title No 18-38-0150-11066 SCBEDULE B 11. Surveys by Young &Young LS dated 6/13/2017, certifications only amended 3/19/2018, shows: AS TO PARCEL 1: Vacant land with no encroachments or variations except as follows: 1. Hedges lie East of easterly lot line by grass roadway and vary with part of northerly lot line. 2. Woods on most of premises. 3. Right of Way with earth roadway over westerly part of premises as set forth in description herein. 4. Landward limit of tidal wetlands over westerly portion of premises. 5. High water mark of Brushes Creek at westerly,part of premises. 14 NO OTHER CHANGES. AS TO PARCEL 2: Shows vacant land with no encroachments or variations except the following: 1. Hedges vary with portions of easterly lot line. 2. Woods over portions of easterly side of premises. 3. Mostly wetlands and landward limit of tidal wetlands throughout. 4. Monuments and pipes on portions of premises. 5. High water mark of Brushes Creek at westerly part of premises. NO OTHER CHANGES. SUBJECT TO ANY STATE OF FACTS AN ACCURATE SURVEY MIGHT SHOW SINCE THE DATE OF THE ABOVE SURVEY. 12. All water charges plus interest and penalties, if any. SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company ALTA ENDORSEMENT FORM 39-06 TIRSA Policy Authentication Title No. 18-38-0150-11066 Attached to and made a part of Policy No. 7230632-213788775 When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the conditions this endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement,this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF,the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED: 4/20/2018 Chicago Title Insurance Company By Authorized Signatory Page 1 of 1 TP-SENY-708.01 ALTA 39-06 Policy Authentication Endorsement(6/26/2016) Chicago Title Insurance Company -" STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Title No. 18-38-0150-11066 Attached to and made a part of Policy No. 7230632-213788775 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. IN WITNESS WHEREOF,the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED;4/20/2018 Chicago Title Insurance Company By _ ___ "4 Auth zed Signatory TP-SENY-034.01 Standard New York Endorsement(7/1/2012) For Use With ALTA Owner's Policy(6/17/2006) (a) a fraudulent conveyance or fraudulent transfer; and created or attaching between Date of Policy and or the date of recording of the deed or other (b) a preferential transfer for any reason not stated instrument of transfer in the Public Records that in Covered Risk 9 of this policy. vests Title as shown in Schedule A. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority CONDITIONS 1. DEFINITION OF TERMS roads, avenues, alleys, lanes, ways or waterways, but this The following terms when used in this policy mean: does not modify or limit the extent that a right of access to (a) "Amount of Insurance": The amount stated in and from the Land is insured by this policy. Schedule A, as may be increased or decreased by (h) "Mortgage": Mortgage, deed of trust, trust deed, or endorsement to this policy, increased by Section 8(b), or other security instrument, including one evidenced by decreased by Sections 10 and 11 of these Conditions. electronic means authorized by law. (b) "Date of Policy": The date designated as Date of (i) "Public Records": Records established under state Policy" in Schedule A. statutes at Date of Policy for the purpose of imparting (c)"Entity": A corporation, partnership, trust, limited constructive notice of matters relating to real property to liability company, or other similar legal entity. purchasers for value and without Knowledge. With respect (d), "Insured": The Insured named in Schedule A. to Covered Risk 5(d), "Public Records" shall also include (i) The term "Insured" also includes environmental protection liens filed in the records of the (A) successors to the Title of the Insured by clerk of the United States District Court for the district operation of law as distinguished from purchase, including where the Land is located. heirs, devisees, survivors, personal representatives, or (j) "Title": The estate or interest described in next of kin; Schedule A. (B) successors to an Insured by dissolution, (k) "Unmarketable Title": Title affected by an alleged or merger, consolidation, distribution, or reorganization; apparent matter that would permit a prospective purchaser (C) successors to an Insured by its conversion or lessee of the Title or lender on the Title to be released to another kind of Entity; from the obligation to purchase, lease, or lend if there is a (D) a grantee of an Insured under a deed contractual condition requiring the delivery of marketable delivered without payment of actual valuable consideration title. conveying the Title 2. CONTINUATION OF INSURANCE (1) if the stock, shares, memberships, or other The coverage of this policy shall continue in force as of equity interests of the grantee are wholly-owned by the Date of Policy in favor of an Insured, but only so long as named Insured, Jthe,Insured retains an estate or interest in the Land, or (2) if the grantee wholly owns the named holds an obligation secured by a purchase money Insured, Mortgage given by a purchaser from the Insured, or only (3) if the grantee is wholly-owned by an so long as the Insured shall have liability by reason of affiliated Entity of the named Insured, provided the warranties in any transfer or conveyance of the Title. This affiliated Entity and the named Insured are both wholly- policy shall not continue in force in favor of any purchaser owned by the same person or Entity, or from the Insured of either (i) an estate or interest in the (4) if the grantee is a trustee or beneficiary of Land, or (ii) an obligation secured by a purchase money a trust created by a written instrument established by the Mortgage given to the Insured. Insured named in Schedule A for estate planning purposes. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (ii) With regard to (A), (B), (C), and (D) reserving, CLAIMANT however, all rights and defenses as to any successor that The Insured shall notify the Company promptly in the Company would have had against any predecessor writing (i) in case of any litigation as set forth in Section Insured. 5(a) of these Conditions, (ii) in case Knowledge shall come (e) "Insured Claimant": An Insured claiming loss or to an Insured hereunder of any claim of title or interest damage. that is adverse to the Title, as insured, and that might (f)"Knowledge" or "Known": Actual knowledge, not cause loss or damage for which the Company may be liable constructive knowiedge or notice that may be imputed to by virtue of this policy, or (iii) if the Title, as insured, is an Insured by reason of the Public Records or any other rejected as Unmarketable Title. If the Company is records that impart constructive notice of matters affecting prejudiced by the failure of the Insured Claimant to the Title. provide prompt notice, the Company's liability to the (g) "Land": The land described in Schedule A, and Insured Claimant under the policy shall be reduced to the affixed improvements that by law constitute real property. extent of the prejudice. The term "Land" does not include any property beyond the 4. PROOF OF LOSS lines of the area described in Schedule A, nor any right, In the event the Company is unable to determine the title, interest, estate, or easement in abutting streets, amount of loss or damage, the Company may, at its 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 PAN" Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 6 option, require as a condition of payment that the Insured defend, prosecute, or continue any litigation, with regard Claimant furnish a signed proof of loss. The proof of loss to the matter or matters requiring such cooperation. must describe the defect, lien, encumbrance, or other (b) The Company may reasonably require the Insured matter insured against by this policy that constitutes the Claimant to submit to examination under oath by any basis of loss or damage and shall state, to the extent authorized representative of the Company and to produce possible, the basis of calculating the amount of the loss or for examination, inspection, and copying, at such damage. reasonable times and places as may be designated by the S. DEFENSE AND PROSECUTION OF ACTIONS authorized representative of the Company, all records, in (a) Upon written request by the Insured, and subject whatever medium maintained, including books, ledgers, to the options contained in Section 7 of these Conditions, checks, memoranda, correspondence, reports, e-mails, the Company, at its own cost and without unreasonable disks, tapes, and videos whether bearing a date before or delay, shall provide for the defense of an Insured in after Date of Policy, that reasonably pertain to the loss or litigation in which any third party asserts a claim covered damage. Further, if requested by any authorized by this policy adverse to the Insured. This obligation is representative of the Company, the Insured Claimant shall limited to only those stated causes of action alleging grant its permission, in writing, for any authorized matters representative of the Company to examine, inspect, and insured against by this policy. The Company shall have the copy all of these records in the custody or control of a third right to select counsel of its choice (subject to the right of party that reasonably pertain to the loss or damage. All the Insured to object for reasonable cause) to represent information designated as confidential by the Insured the Insured as to those stated causes of action. It shall not Claimant provided to the Company pursuant to this Section be liable for and will not pay the fees of any other counsel. shall not be disclosed to others unless, in the reasonable The Company will not pay any fees, costs, or expenses judgment of the Company, it is necessary in the incurred by the Insured in the defense of those causes of administration of the claim. Failure of the Insured Claimant action that allege matters not insured against by this to submit for examination under oath, produce any policy. reasonably requested information, or grant permission to (b) The Company shall have the right, in addition to secure reasonably necessary information from third parties the options contained in Section 7 of these Conditions, at as required in this subsection, unless prohibited by law or its own cost, to institute and prosecute any action or governmental regulation, shall terminate any liability of proceeding or to do any other act that in its opinion may the Company under this policy as to that claim. be necessary or desirable to establish the Title, as insured, 7. OPTIONS TO PAY OR OTHERWISE SETTLE or to prevent or reduce loss or damage to the Insured. The CLAIMS;TERMINATION OF LIABILITY Company may take any appropriate action under the terms In case of a claim under this policy, the Company shall of this policy, whether or not it shall be liable to the have the following additional options: Insured. The exercise of these rights shall not be an (a) To Pay or Tender Payment of the Amount of admission of liability or waiver of any provision of this Insurance. policy. If the Company exercises its rights under this To pay or tender payment of the Amount of Insurance subsection, it must do so diligently. under this policy together with any costs, attorneys' fees, (c)Whenever the Company brings an action or asserts a and expenses incurred by the Insured Claimant that were defense as required or permitted by this policy, the authorized by the Company up to the time of payment or Company may pursue the litigation to a final determination tender of payment and that the Company is obligated to by a court of competent jurisdiction, and it expressly pay. reserves the right, in its sole discretion, to appeal from any Upon the exercise by the Company of this option, all adverse judgment or order. liability and obligations of the Company to the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE under this policy, other than to make the payment (a) In all cases where this policy permits or requires required in this subsection, shall terminate, including any the Company 'to prosecute or provide for the defense of liability or obligation to defend, prosecute, or continue any any action or proceeding and any appeals, the Insured litigation. shall secure to the Company the right to so prosecute or (b) To Pay or Otherwise Settle With Parties Other Than provide defense in the action or proceeding, including the the Insured or With the Insured Claimant. right to use, at its option, the name of the Insured for this (i)To pay or otherwise settle with other parties for purpose. Whenever requested by the Company, the or in the name of an Insured Claimant any claim insured Insured, at the Company's expense, shall give the against under this policy. In addition, the Company will Company all reasonable aid (i) in securing evidence, pay any costs, attorneys' fees, and expenses incurred by obtaining witnesses, prosecuting or defending the action or the Insured Claimant that were authorized by the proceeding, or'effecting settlement, and (ii) in any other Company up to the time of payment and that the Company lawful act-that in the opinion of the Company may be is obligated to pay; or necessary or desirable to establish the Title, or any other (ii)To pay or otherwise settle with the Insured matter as insured. If the Company is prejudiced by the Claimant the loss or damage provided for under this policy, failure of the Insured to furnish the required cooperation, together with any costs, attorneys' fees, and expenses the Company's obligations to the Insured under the policy incurred by the Insured Claimant that were authorized by shall terminate, including any liability or obligation to 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 Copyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 3 the Company up to the time of payment and that the which the Insured has agreed, assumed, or taken subject, Company is obligated to pay. or which is executed by an Insured after Date of Policy and Upon the exercise by the Company of either of the which is a charge or lien on the Title, and the amount so options provided for in subsections (b)(i) or (ii), the paid shall be deemed a payment to the Insured under this Company's obligations to the Insured under this policy for policy. the claimed loss or damage, other than the payments 12. PAYMENT OF LOSS required to be made, shall terminate, including any liability When liability and the extent of loss or damage have or obligation to defend, prosecute, or continue any been definitely fixed in accordance with these Conditions, litigation. the payment shall be made within 30 days. 8. DETERMINATION AND EXTENT OF LIABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR This policy is a contract of indemnity against actual SETTLEMENT monetary loss or damage sustained or incurred by the (a) Whenever the Company shall have settled and paid Insured Claimant who has suffered loss or damage by a claim under this policy, it shall be subrogated and reason of matters insured against by this policy. entitled to the rights of the Insured Claimant in the Title (a) The extent of liability of the Company for loss or and all other rights and remedies in respect to the claim damage under this policy shall not exceed the lesser of that the Insured Claimant has against any person or (i) the Amount of Insurance; or property, to the extent of the amount of any loss, costs, (ii)the difference between the value of the Title as attorneys' fees, and expenses paid by the Company. If insured and the value of the Title subject to the risk requested by the Company, the Insured Claimant shall insured against by this policy. execute documents to evidence the transfer to the (b) If the Company pursues its rights under Section 5 Company of these rights and remedies. The Insured of these Conditions and is unsuccessful in establishing the Claimant shall permit the Company to sue, compromise, or Title, as insured, settle in the name of the Insured Claimant and to use the (i) the Amount of Insurance shall be increased b name of the Insured Claimant in any transaction or 10%, and y litigation involving these rights and remedies. (ii)the Insured Claimant shall have the right to have If a payment on account of a claim does not fully cover the loss or damage determined either as of the date the the loss of the Insured Claimant, the Company shall defer claim was made by the Insured Claimant or as of the date the exercise of its right to recover until after the Insured it is settled and paid. Claimant shall have recovered its loss. (c)In addition to the extent of liability under (a) and (b) The Company's right of subrogation includes the (b), the Company will also pay those costs, attorneys' rights of the Insured to indemnities fees, and expenses incurred in accordance with Sections 5 guaranties, other and 7 of these Conditions. policies of insurance, or bonds, notwithstanding any terms 9. LIMITATION OF LIABILITY subrogation conditions contained in those instruments that address (a) If the Company establishes the Title, or removes 14. ARBITRATION the alleged defect, lien or encumbrance, or cures the lack Either the Company or the Insured may demand that of a right of access to or from the Land, or cures the claim the claim or controversy shall be submitted to arbitration of Unmarketable Title, all as insured, in a reasonably pursuant to the Title Insurance Arbitration Rules of the diligent manner by any method, including litigation and the American Land Title Association ("Rules"). Except as completion of any appeals, it shall have fully performed its provided in the Rules, there shall be no joinder or obligations with respect to that matter and shall not be consolidation with claims or controversies of other persons. liable for any loss or damage caused to the Insured. Arbitrable matters may include, but are not limited to, any (b) In the event of any litigation, including litigation by controversy or claim between the Company and the the Company or with the Company's consent, the Insured arising out of or relating to this policy, any service Company shall have no liability for loss or damage until in connection with its issuance or the breach of a policy there has been a final determination by a court of provision, or to any other controversy or claim arising out competent jurisdiction, and disposition of all appeals, of the transaction giving rise to this policy. All arbitrable adverse to the Title, as insured. matters when the Amount of Insurance is $2,000,000 or (c)The Company shall not be liable for loss or damage less shall be arbitrated at the option of either the Company to the Insured for liability voluntarily assumed by the or the Insured. All arbitrable matters when the Amount of Insured in settling any claim or suit without the prior Insurance is in excess of $2,000,000 shall be arbitrated written consent of the Company. only when agreed to by both the Company and the 10. REDUCTION OF INSURANCE; REDUCTION OR Insured. Arbitration pursuant to this policy and under the TERMINATION OF LIABILITY Rules shall be binding upon the parties. Judgment upon All payments under this policy, except.payments made the award rendered by the Arbitrator(s) may be entered in for costs, attorneys' fees, and expenses, shall reduce the any court of competent jurisdiction. Amount of Insurance by the amount of the payment. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 11. LIABILITY NONCUMULATIVE ENTIRE CONTRACT The Amount of Insurance shall be reduced by any (a) This policy together with all endorsements, if any, amount the Company pays under any policy insuring a attached to it by the Company is the entire policy and Mortgage to which exception is taken in Schedule B or to contract between the Insured and the Company. In 230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement A ppeneC Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any 06 y+,O!!; derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 interpreting any provision of this policy, this policy shall be (a) Choice of Law:; The Insured acknowledges the construed as a whole. Company has underwritten the risks covered by this policy (b) Any claim of loss or damage that arises out of the and determined the premium charged therefor in reliance status of the Title or by any action asserting such claim upon the law affecting interests in real property and shall be restricted to this policy. applicable to the interpretation, rights, remedies, or (c)Any amendment of or endorsement to this policy enforcement of policies of title insurance of the jurisdiction must be in writing and authenticated by an authorized where the Land is located. person, or expressly incorporated by Schedule A of this Therefore, the court or an arbitrator shall apply the law policy. of the jurisdiction where the Land is located to determine (d) Each endorsement to this policy issued at any time the validity of claims against the Title that are adverse to is made a part of this policy and is subject to all of its the Insured and to interpret and enforce the terms of this terms and provisions. Except as the endorsement policy. In neither case shall the court or arbitrator apply its expressly states, it does not (i) modify any of the terms conflicts of law principles to determine the applicable law. and provisions of the policy, (ii) modify any prior (b) Choice of Forum: Any litigation or other proceeding endorsement, (iii) extend the Date of Policy, or (iv) brought by the Insured against the Company must be filed increase the Amount of Insurance. only in a state br federal court within the United States of 16. SEVERABILITY America or its territories having appropriate jurisdiction. In the event any provision of this policy, in whole or in 18. NOTICES, WHERE SENT part, is held invalid or unenforceable under applicable law, Any notice of claim and any other notice or statement in the policy shall be deemed not to include that provision or writing required to be given to the Company under this such part held to be invalid, but all other provisions shall policy must be given to the Company at CHICAGO TITLE remain in full force and effect. INSURANCE COMPANY, Attn: Claims Department, P.O. 17. CHOICE OF LAW; FORUM Box 45023, Jacksonville, FL 32232-5023. 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 Copyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial,Inc.,we respect and believe it is important to protect the privacy of consumers and our customers.This Privacy Notice explains how we collect, use, and protect any information that we collect from you,when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information about you, like your contact information from you via applications, forms, and information, address, demographic information, social security correspondence we receive from you and others related to our number(SSN), driver's license, passport, other government ID transactions with you. When you visit our websites from your numbers and/or financial information. We may also receive computer or mobile device, we automatically collect and store browsing information from your Internet browser, computer certain information available to us through your Internet and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website applications. experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to you,to information to our affiliates and/or nonaffiliated parties improve our products and services, and to communicate with providing services for you or us,to law enforcement agencies or you about these products and services. We may also share your governmental authorities, as required by law, and to parties contact information with our affiliates for marketing purposes. whose interest in title must be determined. Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of information from children who are under the age of 13, and our certain disclosure or use of your information or choose to not website is not intended to attract children. provide any personal information to us. Privacy Outside the Website. We are not responsible for the International Users. By providing us with you information, privacy practices of third parties, even if our website links to you consent to its transfer, processing and storage outside of those parties'websites. your country of residence,as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases,their websites collect information on behalf of mortgage loan servicers.The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting Access and Correction. Contact Us.If you desire to contact us information to us or by using our website,you are accepting and regarding this notice or your information, please contact us at agreeing to the terms of this Privacy Notice. privacyrfnf.com or as directed at the end of this Privacy Notice. Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance,real estate- and loan-related services (collectively,"FNF", "our"or"eve")respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF,including Personal Information and Browsing Information collected through any FNF website,online service or application(collectively,the"Website"). Types of Information Collected • other personal information needed from you to provide title We may collect two types of information from you: Personal insurance,real estate-and loan-related services to you. Information and Browsing Information. Browsing Information. FNF may collect the following categories Personal Information. FNF may collect the following categories of Browsing Information: of Personal Information: • Internet Protocol (or IP) address or device ID/UDID, protocol • contact information (e g., name, address, phone number, email and sequence information; address); • browser language and type; • demographic information (e.g., date of birth, gender, marital • domain name system requests; status); • browsing history,such as time spent at a domain,time and date • social security number (SSN), driver's license, passport, and of your visit and number of clicks; other government ID numbers; • http headers,application client and server banners;and • financial account information;and • operating system and fingerprinting data. Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. How Information is Collected connection with an investigation, or civil or criminal subpoena In the course of our business, we may collect Personal or court order; Information about you from the following sources: • to lenders, lien holders, judgment creditors, or other parties • applications or other forms we receive from you or your claiming an interest in title whose claim or interest must be authorized representative; determined,settled,paid,or released prior to closing;and • the correspondence you and others send to us; • other third parties for whom you have given us written • information we receive through the Website; authorization to disclose your Personal Information. • information about your transactions with,or services performed We may disclose Personal Information and/or Browsing by,us,our affiliates or nonaffiliated third parties;and Information when required by law or in the good-faith belief that • information from consumer or other reporting agencies and such disclosure is necessary to: public records maintained by governmental entities that we • comply with a legal process or applicable laws; obtain directly from those entities,our affiliates or others. • enforce this Privacy Notice; If you visit or use our Website, we may collect Browsing • investigate or respond to claims that any material, document, Information from you as follows: image, graphic, logo, design, audio, video or any other • Browser Log Files.Our servers automatically log each visitor to information provided by you violates the rights of a third party; the Website and collect and record certain browsing or information about each visitor. The Browsing Information • protect the rights, property or personal safety of FNF, its users includes generic information and reveals nothing personal about or the public. the user. We maintain reasonable safeguards to keep your Personal • Cookies. When you visit our Website, a"cookie" may be sent Information secure.When we provide Personal Information to our to your computer.A cookie is a small piece of data that is sent affiliates or third party service providers as discussed in this to your Internet browser from a web server and stored on your Privacy Notice, we expect that these parties process such computer's hard drive. When you visit a website again, the information in compliance with our Privacy Notice or in a manner cookie allows the website to recognize your computer. Cookies that is in compliance with applicable privacy laws. The use of may store user preferences and other information. You can your information by a business partner may be subject to that choose whether or not to accept cookies by changing your party's own Privacy Notice. Unless permitted by law, we do not Internet browser settings, which may impair or limit some disclose information we collect from consumer or credit reporting functionality of the Website. agencies with our affiliates or others without your consent. Use of Collected Information We reserve the right to transfer your Personal Information, Information collected by FNF is used for three main purposes: Browsing Information, and any other information, in connection • To provide products and services to you or any affiliate or third with the sale or other disposition of all or part of the FNF business party who is obtaining services on your behalf or in connection and/or assets, or in the event of our bankruptcy, reorganization, with a transaction involving you. insolvency, receivership or an assignment for the benefit of • To improve our products and services. creditors. You expressly agree and consent to the use and/or • To communicate with you and to inform you about our, our transfer of the foregoing information in connection with any of the affiliates' and third parties' products and services, jointly or above described proceedings. We cannot and will not be independently. responsible for any breach of security by a third party or for any When Information Is Disclosed actions of any third party that receives any of the information that We may provide your Personal Information (excluding is disclosed to us. information we receive from consumer or other credit reporting Choices With Your Information agencies) and Browsing Information to various individuals and Whether you submit Personal Information or Browsing companies, as permitted by law, without obtaining your prior Information to FNF is entirely up to you. If you decide not to authorization. Such laws do not allow consumers to restrict these submit Personal Information or Browsing Information, FNF may disclosures. Please see the section "Choices With Your Personal not be able to provide certain services or products to you. The Information"to learn how to limit the discretionary disclosure of uses of your Personal Information and/or Browsing Information your Personal Information and Browsing Information. that,by law,you cannot limit,include: • for our everyday business purposes — to process your Disclosures of your Personal Information may be made to the transactions, maintain your account(s), to respond to law following categories of affiliates and nonaffiliated third parties: enforcement or other governmental authority in connection • to third parties to provide you with services you have requested, with an investigation, or civil or criminal subpoenas or court and to enable us to detect or prevent criminal activity, fraud, orders,or report to credit bureaus; material misrepresentation,or nondisclosure; • for our own marketing purposes; • to our affiliate financial service providers for their use to market • for joint marketing with financial companies;and their products or services to you; • for our affiliates' everyday business purposes— information • to nonaffiliated third party service providers who provide or about your transactions and experiences. perform services on our behalf and use the disclosed information You may choose to prevent FNF from disclosing or using your only in connection with such services; Personal Information and/or Browsing Information under the • to nonaffiliated third party service providers with whom we following circumstances("opt-out"): perform joint marketing,pursuant to an agreement with them to • for our affiliates' everyday business purposes — information market financial products or services to you; about your creditworthiness;and • to law enforcement or other governmental authority in • for our affiliates to market to you. Effective May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. CTo the extent permitted above,you may opt-out of disclosure or servicer.In those instances,we may collect certain information on use of your Personal Information and Browsing Information by behalf of that mortgage loan servicer via the website. The notifying us by one of the methods at the end of this Privacy information which we may collect on behalf of the mortgage loan Notice. We do not share your personal information with non- servicer is as follows: affiliates for their direct marketing purposes. .first and last name; For California Residents: We will not share your Personal .property address; Information and Browsing Information with nonaffiliated third .user name and password; parties, except as permitted by California law. Currently, our .loan number; policy is that we do not recognize "do not track" requests from .social security number-masked upon entry; Internet browsers and similar devices. .email address; For Nevada Residents: You may be placed on our internal Do Not .three security questions and answers;and Call List by calling (888) 934-3354 or by contacting us via the .IP address. information set forth at the end of this Privacy Notice.Nevada law The information you submit through the website is then requires that we also provide you with the following contact transferred to your mortgage loan servicer by way of CCN. The information: Bureau of Consumer Protection, Office of the mortgage loan servicer is responsible for taking action or Nevada Attorney General,555 E.Washington St.,Suite 3900,Las making changes to any consumer information submitted Vegas, NV 89101; Phone number: (702) 486-3132; email: through this website. For example, if you believe that your BCPINFO@ag.state.nv.us. payment or user information is incorrect, you must contact For Oregon Residents: We will not share your Personal your mortgage loan servicer. Information and Browsing Information with nonaffiliated third CCN does not share consumer information with third parties, parties for marketing purposes, except after you have been other than (1) those with which the mortgage loan servicer has informed by us of such sharing and had an opportunity to indicate contracted to interface with the CCN application, or (2) law that you-do not want a disclosure made for marketing purposes. enforcement or other governmental authority in connection with For Vermont Residents: We will not share your Personal an investigation, or civil or criminal subpoenas or court orders. Information and Browsing Information with nonaffiliated third All sections of this Privacy Notice apply to your interaction with parties, except as permitted by Vermont law, such as to process CCN, except for the sections titled "Choices with Your your transactions or to maintain your account.In addition,we will Information" and"Access and Correction."If you have questions not share information about your creditworthiness with our regarding the choices you have with regard to your personal affiliates except with your authorization. For joint marketing in information or how to access or correct your personal information, Vermont, we will only disclose your name, contact information you should contact your mortgage loan servicer. and information about your transactions. Your Consent To This Privacy Notice Information From Children By submitting Personal Information and/or Browsing Information The Website is meant for adults and is not intended or designed to to FNF,you consent to the collection and use of the information attract children under the age of thirteen (13).We do not collect by us in compliance with this Privacy Notice.Amendments to the Personal Information from any person that we know to be under privacy Notice will be posted on the Website. Each time you the age of thirteen (13) without permission from a parent or provide information to us, or we receive information about you, guardian. By using the Website, you affirm that you are over the following any amendment of this Privacy Notice will signify your age of 13 and will abide by the terns of this Privacy Notice. assent to and acceptance of its revised terms for all previously Privacy Outside the Website collected information and information collected from you in the The Website may contain links to other websites. FNF is not and future. We may use comments, information or feedback that you cannot be responsible for the privacy practices or the content of submit to us in any manner that we may choose without notice or any of those other websites. compensation to you. International Users Accessing and Correctinn Information;Contact Us FNF's headquarters is located within the United States. If you If you have questions, would like to access or correct your reside outside the United States or are a citizen of the European personal Information, or want to opt-out of information sharing Union, please note that we may transfer your Personal with our affiliates for their marketing purposes, please send your Information and/or Browsing Information outside of your country requests to privacya fnf.com or by mail or phone to: of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Fidelity National Financial,Inc. Personal Information and/or Browsing Information, you consent 601 Riverside Avenue to our collection and transfer of such information in accordance Jacksonville,Florida 32204 with this Privacy Notice. Attn:Chief Privacy Officer The California Online Privacy Protection Act (888)934-3354 For some FNF websites,such as the Customer CareNet("CCN"), FNF is acting as a third party service provider to a mortgage loan Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. (1 ADDITION UNAUTHORIZED ALTERATION OR TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY UNES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES (3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS FREPARED AND ON HIS BEHALF TO THE TITLE COMPANY.GOVERNMENTAL AGENCY AND LENDING INSTITUTION USTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)B CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. N \ N 400 Ostrander Avenue, Riverhead, New York IIQOI � 1 tel. 631.127.2303 fax. 631.127.0144 q \ admin®youngengineering.com Ion \ 4 4 w ' F � (� Howard W. Young, Land Surveyor Thomas G. Wolpert, Professional Engineer \ Engineer Douglas E. Adams, Professional En 9 9 \ ¢ Robert G. Tost, Architect Robert Stromskl, Architect \ o S 51 TE DATA LOCUS c a Goth %S-1 y p AREA = 1.5335 AGRE5 OR 7x,860 50. FT. ^'i 6 Ot S'�Ca ` ,\0\ �o 0 O 0 o, Foint of Beginning N. 2c1522 0 0�- � 4 I \ 9 �°Jy tiG0 0 \ TIE IN ° \ \ Ilk (ALONG WESTERLY SIDE OF R16HT OF WAY FROM) ?��' 'w \ NORTHERLY SIDE OF PEGONIG BAY E5OULEVARDl 0'( p\ I. N35°1.7'20"W 200.00' \ \� �^ \ 2. N51021'23"W 55.86' 3. N32022'30"W 141.32' -1P 4. N51°2517"W 55.41' 5. N46°25'05"W 13q 1.33' (ALONG LAND NOW OR FORMERLY) \ HALLOCK HOLDING CORP. 6. N5702655"E 522.3"1' K`( MAP WNII}il q SGALE: 1"r(500' \ o`y 'Pi �`1>° � °� fou �v� '`Y9 {041 Dov, ,�,o\� �p otig� 2 Ci ds ° ' o 0� / 5URVEYOR'S CERTIFICATION 9� SKI . NN\ I � �°� o� � \ � 555°11'11"W �� � WE HEREBY CERTIFY TO COUNTY ❑F S U FFD LK, TOWN %� i OF SOUTHOLD N& CHICAGO TITLE INSURANCE 54-7051'41"N 4���o03O �d \ COMPANY THAT TH15 SURVEY NAS PARED IN ACCORDANCE WITH THE CODE OF PRACTICE FOR ANDD E SURVEYS ADOPTED BY b, 1 .65' THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND J- 5,� SFJ \ \ /// SURVEYORS. U 01 IAI s \�/ o19 � HOWARD W. YOUNG, N.Y.S. L.S. NO. 45583 \ 5URYEY' MAP OF PROPERTY REPUTEDLY OF \ \ GAP I TAL A55ET RETIREMENT FUND LLG \ . SUFFOLK COUNTY NEN DRINKING )NATER PROTECTION - OPEN SPACE E at Loure I, Town of 5outho Id 0. Suffolk County, New York now or R16HT OF WAY / GERTI F I ED 5URVEY U formerly SCALE: I"=1 O' N4 Copi Tal Asset now or formerly noW or t, w Retirement y noW or formerly now or formerly CO forme Fund LLC Hollock Holding JeffryHallock Corp, Capital Asset Retirement Fund LLG p�Ir �s Or/ no Q County Tax Map District 1000 Section 127 Bock 05 Lot ci.2 ��ngement t y64,°3\33 C p tr f armerl �►� s 1> F o _w �lzo 80N, SLC a�36T het a� Ass y ire et FIELD SURVEY COMPLETED JUNE 15, 201-T ————— ___ 546025'05"E ___ 135?.21' S meht n 0 MAP PREPARED JUNE 26, 201"1 G � Q °25'05"E p 133.gO' — ----- 260.5q' ----- ----- ----------------'-- 854.45' ------'--- Record of Revisions �°��30 N, LL u G� N l$O.00, �G S38°17'20"F 0 I!) EARTH ROADWAY / EARTH RO ?00.36' RECORD OF REVISIONS DATE 2 13�� 133.c10 260.5q' ______ C 37°0140 W -- -- ----- ----- N46°25'OS'IW ------Q96.53 1381.33' ---------------------jC �wAr �Q AMENDED CERTIFICATIONS MAR. Oq, 2015 5 „ W 3` 2p°w Q N 5'1°25�� N3��4/' no 200.0012 w or formerl V =' �O%V Anne Marie McY 9h V IN ~ c e ��' now Or Tristate for Merl y 50 O 25 50 10.0 150 ��'1� m BRU5HE5 CREEK BRUSHES CREEK Holdpita) Scale: I" = 50' A ings LLC 0 a N JOB NO. 2017-001:16.5 DWG. 201'1_oOgb_PCL5 ( OF I 111 = MONUMENT SET ®= MONUMENT FOUND Q= STAKE SET A= STAKE FOUND Q= PIPE FOUND ALTERATION UNAUTHORIZED A ATION 0i ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW (2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABUSH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY.(4)CERTIFICATION /" INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOP WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TRE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W).SEPTIC TANKS(ST)Y CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. I y - ��y � .1 I 0 400 Ostrander Avenue, Riverhead, New York II,1OI tel. 631.12.7.2303 fax. 631.727.0144 N admin@youngengineering.com Hov4orcl N. or Thomas G Wolpert ProPe sionol Enginnd eer r Douglas E. Adams, Professional Engineer �a Robert G. Tost, Architect Robert 5tromski, Architect \ \ 5I TE DATA AREA = 0.1451 ACRE OR 32,368 50. ET. (10 s \\ p Qv 0. LOCU5 S� �� cps ��-X0422135' dos P� O In N �y�`�S� KEY MAP o-, SCALE: �< koc J toa i6 ��� 47 \ d }z9�, o \ IS U tiR % •a 9's s I G SURVEYOR'S CERTIFICATION �0ry VhE HEREBY CERTIFY TO COUNTY OF SUFFOLK, TOWN I I'k- OF SOUTHOLD & CHICAGO TITLE INSURANCE C O M PANY THAT THI5 SURVEY WAS PREPARED IN ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. 01 �O Point of Beginning N. 2'zi 1,620.61 C7 HOWARD N. YOUNG, N. .5. L.S. NO. 458,13 � \ V 5URVEY MAP OF PROPERTY REPUTEDLY OF \ CAPITAL A55E'T RETIREMENT FUND LLC 5UFFOLK COUNTY NE!,"iDPRINKINS Y4ATER PROTECTION — OFEN SPACE E �� at Laurel, Town of Southo Id. 12 \ Suffolk County, New York GERTI F I ED 5URVEY C; o County Tax Map District 1000 sR,.t c", 12-7 Block 08 Lot 11.2 I g \ FIELD SURVEY COMPLETED JUNE 13, .201-7 I MAP PREPARED JUNE 26, 2017 I Record of Revisions RECORD OF REVISIONS DATE I AMENDED CERTIMCATION5 MAR, 0,1. 205 N N J 1 O 50 O 25 50 100 150 m Scale: I" _ ✓O' a JOB NO. 2017-00°[6.1 qq-�pp DWG. 2017_00,16_PGLI I OF I E = MONUMENT SET ®= MONUMENT FOUND = STAKE SET A= STAKE FOUND yU�= FIRE HYDRANT UTILITY POLE SCTIVI #1000-127.-3-10.2 430 Diachun Road Laurel, New York JEFFRY HALLOCK to COUNTY OF SUFFOLK & TOWN OF SOUTHOLD Deed dated April 20, 2018 Recorded August 22, 2018 in the office of the Suffolk County Clerk Liber D00012974, Page 981 Title Insurance Policy #7230632-213787818 issued by Chicago Title Insurance Company Title No. 18-38-0150-11070 Dated April 20, 2018 In the insured amount of $3757000.00 Survey Prepared by Young & Young Last dated March 9, 2018 Job No. 2017-0096.3 5 o CC#: C18-37499 h ,^A v COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 0 812 212 01 8 under Liber D00012974 and Page 981 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal.of said County and Court this 08/22/2018 1 (/SUFFOLK COUNTY� CLERK !/ JUDITH A.PASCALE If AUG 2 4 2018 SEAL DEPT.OF LAND PRESERVATION l t [[111111 III[Il[[[Illll 11111{1111111111111111111 III[1111 !111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 08/22/201.8 Number of Pages: 7 At,: 11:27:55 AM Receipt Number : 18-0156678 TRANSFER TAX NUMBER:' 18-02359 LIBER: D00012974 PAGE: 981 District: Section: Block: Lot: 1000 127 .00 03.00 010.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $375,000. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0.00 YES Handling $0.00 YES, COE $0.00 YES NYS SRCHG $0.00 YES! EA-CTY $0 .00 YES EA-STATE $0.00 YES TP-584 $0 . 00 YES Notation $0.00 YES Cert.Copies $0 . 00 YES RPT $0.00 YES Transfer tax $0 .00 YES Comm.Pres $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 18-02359 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County RECORDED Number of pages 2018 Aug 22 11:27:55 AM 7UDITH A. PASCALE CLERK OF SI(FFOLV COUH T Y This document will be public L DOOOi2974 record. Please remove-all P 981 Social Security.Numbers DT# 18-02359 prior.to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 I FEES Page/Filing Fee 7 Mortgage Amt.- 1-) 1. Basic'hax Handling ' _ 2. Additional Tax TP-584 Sub Total Notation r Spec./Assit. SIJ or EA-5217(County) 5 Sub Total �S/ Spec./Add. EA-5217(State) 7iJ TOT.MTG.TAX R.P.T.S.A. Dual Thwn Dual County _ X00 0.� � Held for Appointment Comm.of Ed. 5• 00, '_ Transfer Tax Affidavit I Mansion Tax. The properly covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 001 . (/_5,7` �S family dwelling only. Sub Tota] T � 0YES or.NO Other _ Grand Total i If NO,see appropriate tax clause on page# of this rostrumI f 4Dist 1$027972 i000 12700 0300 010002 5 Community Preservation Fond Real Property PL.PA A Consideration Amount$ Tax Service R Agency 21-AUG-1 CPF Tax Due $ !� Verification Improved 6 Satisfactions/Discharges/ReleasesIList Property Owners Mailing Address RECORD,&RETURN TO: Vacant Land SUFFOr KCD,MY DIV.OF REAL PROPERITTACQMMON TD AND MANAGEMENT IL LEE DENNEW,BLDO.-fad FLOOR 100VErEI ,NSMBMOR1ALHIGM"' P.O.BOX6100 TD ' HAUPPALT%-NY 117884 099 Mail to:Judith A.Pascale, Suffolk County Clerk 7 Title C=2anv Information 310 Center Drive, Riverhead, NY 11901 w suffolkcoun n . ov/clerk Co.Name ww tY Y,9 Title# - - 0/�_7v 6 $ Suffolk Counft Recording & Endorsement Pa e This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) e f�U Ci The premises herein is situated in SUFFOLK COUNTY,N'EWAOR//K.// In the TOWN of `� C/o to ���f in the VILLAGE N o Dask a o ✓��,�F_or HAMLET of BOXES 6 TdRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) i i I r SUFFOLK COUNTY BARGAIN AND SALE DEED WITH COVENANTS THIS INDENTURE, made the 20th day of April, 2018. BETWEEN Jeffry Hallock, with an address at 101 Second Street, South Jamesport, New York 11970, party of the first part, -------- AND the COUNTY OF SUFFOLK, a municipal corporation of the DISTRICT State of New York, having its principal office at the Suffolk 1000 County Center, Center Drive, Riverhead, New York 11901, which -------- will acquire a seventy nine percent. (79%) undivided interest in SECTION and to the parcel, and the TOWN OF SOUTHOLD, a municipal 127.00 corporation, with principal offices at 53095 Route 25, P.O. Box -------- 1179, Southold, New York 11971, which will acquire the BLOCK remaining twenty one percent (21%) undivided interest in and to 03.00 the parcel, as tenants-in-common, hereafter described -------- individually, or as the parties of the second part, LOT 010.002 WITNESSETH, that the party of the first part, in consideration of THREE HUNDRED SEVENTY FIVE THOUSAND and 00/100 DOLLARS ($375,000.00) and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto as Schedule "A" and made a part hereof) : THIS DEED is given in accordance with Article XII of the Suffolk County Charter, as amended and effective December 1, 2007 and pursuant to Suffolk County Charter Article XII, Suffolk County Drinking Water Protection Program, as amended and effective as of November 30, 2000 and Resolution No.877-2005, Resolution No. 248---2015, Resolution No. 107-2017 and Town of Southold's Resolution No. 2016-791 all on file with the Clerk of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to the party of the first part by deed dated July 1, 2002 and recorded July 24, 2002 in the office of the Clerk of the County of Suffolk in Liber 12199, page 322. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with all right, title and interest, if any, that the party of the first part has in and to any strips and gores between the above described parcel and adjoining owners. TOGETHER with all right, title and interest of the party of the first part in and to all streets and roads abutting the above described premises to the center lines thereof, and the ponds, marshes, rivers, lakes, creeks, waters, and lands under water located in, upon or adjoining the above described premises, and all littoral, riparian and shore rights in any way pertaining or belonging thereto. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TOGETHER with all other rights heretofore conferred by Seller, and subject to federal, state and local law, party of the second part may undertake, at its own expense or on a cost- share basis with any other entity, any activities (including subsurface infiltration and stormwater water quality treatment _ ] best management practices) to restore, protect, manage, and maintain the premises, or enhance its natural values. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND as set forth in Chapter 17 (Community. Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of said chapters shall not be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of fee title acquired by the Town prior to any such amendment. This covenant shall run the land in perpetuity. AND the party of the second part, in accordance with Chapter XII of the Suffolk County Charter, as amended and effective December 1, 2007, including but not limited to § C12- 2(A) (2) (c) thereof, and Suffolk County Resolution No. 412-2005, severs herewith ZERO(0) Workforce Housing Development Right(s) ("WHDR(s)") from the aforestated piece or parcel of land. AND the following paragraph shall constitute a covenant and restriction which shall run with the land in perpetuity: This aforestated piece or parcel was purchased using funds in accordance with the Suffolk County Drinking Water Protection Program, as amended and effective December 1, 2007 (Chapter XII of the Suffolk County Charter) , and Suffolk County Resolution No. 412-2005, for the Transfer of Development Rights Program, which WHDR(s) were severed for workforce housing purposes, and this piece or parcel is deemed permanently sterilized and'must remain as open space in the Suffolk County inventory. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. i J f Ha lock STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) On this ).d day of in the year 2018, before me, the undersigned, personally appeared Jeffry Hallock , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WENDYST:EN NOTARYPUBUC,STATEWYORK ota y ublic• State of New York Registration No.02045 Oualified,in Suffnty commission Ices 31.2021 BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 127.00 GRANTOR'S ACT BLOCK 03.00 TITLE NO. 18-38-0150-11070 LOT 010.002 JEFFRY HALLLOCK TO COUNTY OF SUFFOLK AS TO 79% UNDIVIDED INTEREST AND TOWN OF SOUTHOLD AS TO 21% UNDIVIDED INTEREST RECORD & RETURN TO: PHYLLIS J. BENINCASA Dept. of Economic Development and Planning Div. of Real Property Acquisition and Management H. Lee Dennison Bldg., 2nd Floor P.O. Box 6100 Hauppauge, NY 11787 I l� s E38T'RACTS, INCORPOR,4'TEO— �� Rasiciantial E.Ccmmarcial-FlUa Insurance slnca 9 JB4 I f as agent for Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number: 18-38-0150-11070 AMENDED 411612018 Page: 1 ALL that certain plot piece or parcel of land,situate,lying and being at Laurelton,Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point at the northeasterly corner of land now or formerly Capital Asset Retirement Fund LLC,said point being situate the following five(5)courses and distances as measured along the westerly side of a certain right of way from the northerly side of Peconic Bay Boulevard and the sixth course and distance being measured along land now or formerly Capital Asset Retirement Fund LLC: 1. North 38 degrees 17 minutes 20 seconds west,200.00 feet, 2. North 89 degrees 21 minutes 23 seconds west,58.86 feet; 3 North 32 degrees 22 minutes 30 seconds west, 141.32 feet, 4.North 57 degrees 28 minutes 17 seconds west,55.41 feet, 5. North 46 degrees 25 minutes 08 seconds west,996.83 feet, 6. North 57 degrees,26 minutes 58 seconds east,429.89 feet, RUNNING THENCE from said point of beginning south 57 degrees 26 minutes 58 seconds west along land now or formerly Capital Asset Retirement Fund LLC,591.17 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following five(5)tie- line courses and distances: 1.North 35 degrees 12 minutes 42 seconds west,9.10 feet, 2. North 42 degrees 12 minutes 36 seconds west,43.20 feet, 3. North 09 degrees 41 minutes 30 seconds west,83.00 feet, 4.North 23 degrees 30 minutes 30 seconds west,43.12 feet, 5. North 55 degrees 21 minutes 40 seconds west, 89.24 feet to land now or formerly Hallock Holding Corp. THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly Hallock Holding Corp.,592.33 feet to land now or formerly Half Hollow Nursery Realty Corp; ABSTRACTS, INCCDR PCDRATE_ED— �lasidantial E.Commercial Titia InE LUrancO since 1 964 as agent for -- Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number: 18-38-0150-11070 AMENDED 4/16/2018 page: 2 THENCE along land now or formerly Half Hollow Nursery Realty Corp.the following two(2) courses and distances- 1.South 32 degrees 33 minutes 02 seconds east,9.03 feet, 2.South 33 degrees 02 minutes 23 seconds east 243.97 feet to the point or place of Beginning. CONTAINING an area of 3.3625 Acres or 146,470 square feet SUBJECT TO AND TOGETHER WITH a certain right of way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE from said point of beginning north 38 degrees 17 minutes 20 seconds west along land now or formerly Anne Marie McVeigh,200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds west,58.86 feet, 2. North 32 degrees 22 minutes 30 seconds west, 141.32 feet, 3.North 57 degrees 28 minutes 17 seconds west,55.41 feet, 4. North 46 degrees 25 minutes 08 seconds west,996.83 feet to land now or formerly Jeffry Hallock; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Jeffry Hallock,260.59 feet to land now or formerly Hallock Holding Corp; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Hallock Holding Corp., 133.90 feet to land now or formerly of Capital Assessment Retirement Fund LLC, THENCE north 37 degrees 01 minutes 40 seconds west through land now or formerly Capital Asset Retirement Fund LLC, 13P-4DjggLjujpnd now or formerly Tristate Capital Holdings LLC; AE35TRACTS, INCORPORATED'" Residential E.Commercial Title Insurance since 1984 as agentfor Chicago-Title Insurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11070 AMENDED 4/16/2018 Page: 3 THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly Tristate Capital Holdings LLC,50 15 feet to a point; RUNNING thence through land now or formerly Capital Asset Retirement Fund LLC the following two(2)courses and distances: 1.South 37 degrees 01 minutes 40 seconds east, 122.38 feet, 2.South 46 degrees 25 minutes 08 seconds east, 8.24 feet to land now or formerly Hallock Holding Corp; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Jeffry Hallock; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Jeffry Hallock,260.59 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE south 32 degrees 22 minutes 30 seconds east along other land now or formerly Capital / Asset Retirement Fund LLC 150.00 feet to a point; I , THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) — courses and distances: 1.South 64 degrees 31 minutes 35 seconds east, 91.36 feet, 2.South 38 degrees 17 minutes 20 seconds east,200.36 feet to the northerly side of Peconic Bay 'Boulevard; THENCE south 39 degrees 22 minutes 10 seconds west along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of Beginning. • IJ, 2 -"policy No.: 2160-1-18-38-0150-11070-2018.7230632-213787818 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE encroachments of existing improvements EXCEPTIONS FROM COVERAGE CONTAINED IN located on the Land onto adjoining land, and SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE encroachments onto the Land of existing INSURANCE COMPANY, a Florida corporation, (the improvements located on adjoining land. "Company") insures as of Date of Policy and, to the 3. Unmarketable Title. extent stated in Covered Risks 9 and 10, after Date of 4. No right of access to and from the Land. Policy, against loss or damage, not exceeding the 5. The violation or enforcement of any law, Amount of Insurance, sustained or incurred by the ordinance, permit, or governmental regulation Insured by reason of: (including those relating to building and zoning) 1. Title being vested other than as stated in restricting, regulating, prohibiting, or relating to Schedule A. (a) the occupancy, use, or enjoyment of the 2. Any defect in or lien or encumbrance on the Land; Title. This Covered Risk includes but is not (b) the character, dimensions, or location of any limited to insurance against loss from improvement erected on the Land;(c) the subdivision of land; or (a) A defect in the Title caused by (d) environmental protection (i) forgery, fraud, undue influence, duress, if a notice, describing any part of the Land, is incompetency, incapacity, or recorded in the Public Records setting forth the impersonation; violation or intention to enforce, but only to the (ii) failure of any person or Entity to have extent of the violation or enforcement referred authorized a transfer or conveyance; to in that notice. ` (iii)a document affecting Title not properly 6. An enforcement action based on the exercise of created, executed, witnessed, sealed, a governmental police power not covered by acknowledged, notarized, or delivered; Covered Risk 5 if a notice of the enforcement (iv)failure to perform those acts necessary action, describing any part of the Land, is to create a document by electronic recorded in the Public Records, but only to the means authorized by law; extent of the enforcement referred to in that (v)'a document executed under a falsified, notice. expired, or otherwise invalid power of 7. The exercise of the rights of eminent domain if a attorney; notice of the exercise, describing any part of the (vi)a document not properly fled, recorded, Land, is recorded in the Public Records. or indexed in the Public Records g, Any taking by a governmental body that has including failure to perform those acts by occurred and is binding on the rights of a electronic means authorized by law; or purchaser for value without Knowledge. (vii) a defective judicial or administrative 9, Title being vested other than as stated Schedule proceeding. A or being defective (b) The lien of real estate taxes or assessments (a) as a result of the avoidance in whole or in imposed on the Title by a governmental part, or from a court order providing an authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, alternative remedy, of a transfer of all or any part variation, or adverse circumstance affecting the title or any interest in the the Title that would be disclosed by an Land occurring prior to the transaction vesting Title as shown in Schedule A accurate and complete land survey of the Land. The term "encroachment" includes because that prior transfer constituted a fraudulent or preferential transfer under "230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 - opyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 federal bankruptcy, state insolvency, or 10. Any defect in or lien or encumbrance on the Title similar creditors' rights laws; or or other matter included in Covered Risks 1 (b) because the instrument of transfer vesting through 9 that has been created or attached or Title as shown in Schedule A constitutes a has been filed or recorded in the Public Records preferential transfer under federal subsequent to Date of Policy and prior to the bankruptcy, state insolvency, or similar recording of the deed or other instrument of creditors' rights laws by reason of the failure transfer in the Public Records that vests Title as of its recording in the'Public Records shown in Schedule A. (i) to be timely, or (ii) to impart notice of its existence to a ,purchaser for value or to a judgment or lien creditor. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. CHICAGO TITLE INSURANCE COMPANY Countersigned: � �C � Authorized Officer Ag nt .4. Abstracts, Incorporated 100 Garden City Plaza, Ste 201 fir. President Garden City, NY 11530 pati,, Te1:516-683-1000 Fax:516-683-0089 Attest: Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the 3. Defects, liens, encumbrances, adverse claims, or coverage of this policy, and the Company will not pay other matters: loss or damage, costs, attorneys' fees, or expenses that (a) created, suffered, assumed, or agreed to by the arise by reason of: Insured Claimant; 1. (a) Any law, ordinance, permit, or governmental (b) not Known to the Company, not recorded in the regulation (including those relating to building Public Records at Date of Policy, but Known to and zoning) restricting, regulating, prohibiting, the Insured Claimant and not disclosed in writing or relating to to the Company by the Insured Claimant prior to (i) the. occupancy, use, or enjoyment of the the date the Insured Claimant became an Land; Insured under this policy; (ii) the character, dimensions or location of any (c) resulting in no loss or damage to the Insured improvement erected on the Land; Claimant; (iii)the subdivision of land; or (d) attaching or created subsequent to Date of (iv)environmental protection; Policy (however, this does not modify or limit or the effect of any violation of these laws, the coverage provided under Covered Risk 9 and ordinances, or governmental regulations. This 10); or Exclusion 1(a) does not modify or limit the (e) resulting in loss or damage that would not have coverage provided under Covered Risk 5. been sustained if the Insured Claimant had paid (b) Any governmental police power. This Exclusion value for the Title. 1(b) does not modify or limit the coverage 4. Any claim, by reason of the operation of federal provided under Covered Risk 6. bankruptcy, state insolvency, or similar creditors' 2. Rights of eminent domain. This Exclusion does not rights laws, that the transaction vesting the Title as modify or limit the coverage provided under Covered shown in Schedule A, is Risk 7 or 8. "230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 :opyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ` All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 Chicago Title Insurance Company AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY(6-17-2006) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Policy No 7230632-213787818 Title Number Effective Date Amount of Insurance 18-38-0150-11070 4/20/2018 $375,000.00 1. Name,of Insured: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested by: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest who acquired title by deed from Jeffry Hallock dated 4/20/2018 and to be recorded in the Office of the Clerk of the County of Suffolk. 4. The land referred to in this Policy is described herein on Schedule A Description of Premises. For Information: Premises known as: 430 Diachun Road, Southold,NY 11971 Authorized Si atony SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company �! SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11070 Policy No. 7230632-213787818 AMENDED 4/16/2018 ALL that certain plot piece or parcel of land, situate, lying and being at Laurelton, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point at the northeasterly corner of land now or formerly Capital Asset Retirement Fund LLC, said point being situate the following five (5) courses and distances as measured along the westerly side of a certain right of way from the northerly side of Peconic Bay Boulevard and the sixth course and distance being measured along land now or formerly Capital Asset Retirement Fund LLC: 1. North 38 degrees 17 minutes 20 seconds west, 200.00 feet, 2. North 89 degrees 21 minutes 23 seconds west, 58.86 feet; 3. North 32 degrees 22 minutes 30 seconds west, 141.32 feet, 4. North 57'degrees 28 minutes 17 seconds west, 55.41 feet, 5. North 46 degrees 25 minutes 08 seconds west, 996.83 feet, 6. North 57 degrees, 26 minutes 58 seconds east, 429.89 feet, RUNNING THENCE from said point of beginning south 57 degrees 26 minutes 58 seconds west along land now or formerly Capital Asset Retirement Fund LLC, 591.17 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following five (5) tie-line courses and distances: 1. North 35 degrees 12 minutes 42 seconds west, 9.10 feet, 2. North 42 degrees 12 minutes 36 seconds west, 43.20 feet, 3. North 09 degrees 41 minutes 30 seconds west, 83.00 feet, 4. North 23 degrees 30 minutes 30 seconds west, 43.12 feet, 5. North 55 degrees 21 minutes 40 seconds west, 89.24 feet to land now or formerly Hallock Holding Corp. THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly Hallock Holding Corp., 592.33 feet to land now or formerly Half Hollow Nursery Realty Corp.; SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Tolicy No 7230632-213787818 Title No 18-38-0150-11070 SCHEDULE B THENCE along land now or formerly Half Hollow Nursery Realty Corp. the following two (2) courses and distances: 1. South 32 degrees 33 minutes 02 seconds east, 9.03 feet, 2. South 33 degrees 02 minutes 23 seconds east 243.97 feet to the point or place of Beginning. CONTAINING an area of 3.3625 Acres or 146,470 square feet. SUBJECT TO AND TOGETHER WITH a certain right of way bounded and described as follows: BEGINNING•at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE from said point of beginning north 38 degrees 17 minutes 20 seconds west along land now or formerly Anne Marie McVeigh, 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; 'THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four (4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds west, 58.86 feet, 2. North 32 degrees 22 minutes 30 seconds west, 141.32 feet, 3. North 57 degrees 28 minutes 17 seconds west, 55.41 feet, 4. North 46 degrees 25 minutes 08 seconds west, 996.83 feet to land now or formerly Jeffry Hallock; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Jeffry Hallock, 260.59 feet to land now or formerly Hallock Holding Corp.; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Hallock Holding Corp., 133.90 feet to land now or formerly of Capital Assessment Retirement Fund LLC; THENCE north 37 degrees 01 minutes 40 seconds west through land now or formerly Capital Asset Retirement Fund LLC, 130.40 feet to land now or formerly Tristate Capital Holdings LLC; SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Policy No 7230632-213787818 Title No 18-38-0150-11070 SCHEDULE B THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly Tristate Capital Holdings LLC, 50.15 feet to a point; RUNNING thence through land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: ` 1. South 37 degrees 01 minutes 40 seconds east, 122.38 feet, 2. South 46 degrees 25 minutes 08 seconds east, 8.24 feet to land now or formerly Hallock Holding Corp; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Jeffry Hallock; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Jeffry Hallock, 260.59 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE south 46 degrees 25 minutes 08 seconds east through land now'or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE south 32 degrees 22 minutes 30 seconds.east along other land now or formerly Capital Asset Retirement Fund LLC 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: 1. South 64 degrees 31 minutes 35 seconds east, 91.36 feet, 2. South 38 degrees 17 minutes 20 seconds east, 200.36 feet to the northerly side of Peconic Bay Boulevard; THENCE south 39 degrees 22 minutes 10 seconds west along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of Beginning. SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Policy No 7230632-213787818 Title No 18-38-0150-11070 1 SCHEDULE B Showing defects, liens, encumbrances and other matters against which the Company does not, by this Policy, insure: 1. Rights and Easement in Liber 2358 page 448. 2. Rights and two (2) fifty foot Right of Ways in Liber 5242 page 553 and Liber 11888 page 173 and in description herein. 3. Except rights and easements of others to drain through or otherwise use BRUSHES CREEK abutting or running through the premises herein, but the policy does not insure that the owner of the premises herein has any right to drain through or otherwise use BRUXHES CREEK across adjacent land. 4. No title will be insured to any land now or formerly lying in the bed of BRUSHES CREEK, its arms, branches or tributaries by whatever name called. 5. Subject to the natural and unobstructed flow of BRUSHES CREEK across premises. 6. Variations between tax lot and lines of record title. ' 7. The area shown on the survey as "WETLANDS" is subject to the New York Tidal Wetlands Acts and the use thereof must be approved by the Department of Environmental Conservation of the State of New York. 8. Survey by Young and Young L.S. dated 6/13/2017, certifications only amended on 3/9/2018, shows vacant land with no encroachments or variations except the following: 1. Woods on most of premises. 2. Hedges lie east of easterly lot line by grass roadway. 3. Right-of-Way with Earth Roadway over westerly part of premises as set forth in description herein. 4. Landward limit of Tidal Wetlands over westerly portion of premises. 5. High water mark of Brushes Creek at westerly part of premises. NO OTHER CHANGES SUBJECT TO ANY STATE OF FACTS AN ACCURATE SURVEY MIGHT SHOW SINCE THE DATE OF THE ABOVE SURVEY 9. Policy excepts water charges plus interest and penalties, if any. SCHEDULE B A.L.T.A 2006 OWNERS POLICY h Chicago Title Insurance Company ALTA ENDORSEMENT FORM 39-06 I TIRSA Policy Authentication Title No. 18-38-0150-11070 Attached to and made a part of Policy No. 7230632-213787818 When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically_ or lack signatures in accordance with the conditions this endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED:4/20/2018 Chicago Title Insurance Company 1 By Authorized Signatory Page 1 of 1 TP-SENY-708.01 ALTA 39-06 Policy Authentication Endorsement(6/26/2016) Chicago Title Insurance Company STANDARD NEW YORK ENDORSEMENT —� (OWNER'S POLICY) Title No. 18-38-0150-11070 Attached to and made a part of Policy No. 7230632-213787818 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. IN WITNESS WHEREOF,the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED: 4/20/2018 Chicago Title Insurance Company By_/cZ / Auth r zed Signatory TP-SENY-034.01 Standard New York Endorsement(7/1/2012) For Use With ALTA Owner's Policy(6/17/2006) (a) a fraudulent conveyance or fraudulent transfer; and created or attaching between Date of Policy and or the date of recording of the deed or other (b) a preferential transfer for any reason not stated instrument of transfer in the Public Records that in Covered Risk 9 of this policy. vests Title as shown in Schedule A. _--'5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority CONDITIONS 1. DEFINITION OF TERMS roads, avenues, alleys, lanes, ways or waterways, but this The following terms when used in this policy mean: does not modify or limit the extent that a right of access to (a) "Amount of Insurance": The amount stated in and from the Land is insured by this policy. Schedule A, as may be increased or decreased by (h) "Mortgage": Mortgage, deed of trust, trust deed, or endorsement to this policy, increased by Section 8(b), or other security instrument, including one evidenced by decreased by Sections 10 and 11 of these Conditions. electronic means authorized by law. (b) "Date of Policy": The date designated as 'Date of (i) "Public Records": Records established under state Policy" in Schedule A. statutes at Date of Policy for the purpose of imparting (c)"Entity": A corporation, partnership, trust, limited constructive notice of matters relating to real property to liability company, or other similar legal entity. purchasers for value and without Knowledge. With respect (d) "Insured": The Insured named in Schedule A. to Covered Risk 5(d), "Public Records" shall also include (i) The term "Insured" also includes environmental protection liens filed in the records of the (A) successors to the Title of the Insured by clerk of the United States District Court for the district operation of law as distinguished from purchase, including where the Land is located. heirs, devisees, survivors, personal representatives, or (j)"Title": The estate or interest described in next of kin; Schedule A. (B) successors to an Insured by dissolution, (k) "Unmarketable Title": Title affected by an alleged or merger, consolidation, distribution, or reorganization; apparent matter that would permit a prospective purchaser (C) successors to an Insured by its conversion or lessee of the Title or lender on the Title to be released to another kind of Entity; from the obligation to purchase, lease, or lend if there is a (D) a grantee of an Insured under a deed contractual condition requiring the delivery of marketable delivered without payment of actual valuable consideration title. ;onveying the Title 2. CONTINUATION OF INSURANCE (1) if the stock, shares, memberships, or other The coverage of this policy shall continue in force as of J equity interests of the grantee are wholly-owned by the Date of Policy in favor of an Insured, but only so long as named Insured, the Insured retains an estate or interest in the Land, or (2) if the grantee wholly owns the named holds an obligation secured by a purchase money Insured, Mortgage given by a purchaser from the Insured, or only (3) if the grantee is wholly-owned by an so long as the Insured shall have liability by reason of affiliated Entity of the named Insured, provided the warranties in any transfer or conveyance of the Title. This affiliated Entity and the named Insured are both wholly- policy shall not continue in force in favor of any purchaser owned by the same person or Entity, or from the Insured of either (i) an estate or interest in the (4) if the grantee is a trustee or beneficiary of Land, or (ii) an obligation secured by a purchase money a trust created by a written instrument established by the Mortgage given to the Insured. Insured named in Schedule A for estate planning purposes. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (ii) With regard to (A), (B), (C), and (D) reserving, CLAIMANT however, all rights and defenses as to any successor that The Insured shall notify the Company promptly in the Company would have had against any predecessor writing (i) in case of any litigation as set forth in Section Insured. 5(a) of these Conditions, (ii) in case Knowledge shall come (e) "Insured Claimant": An Insured claiming loss or to an Insured hereunder of any claim of title or interest damage. that is adverse to the Title, as insured, and that might (f)"Knowledge" or "Known": Actual knowledge, not cause loss or damage for which the Company may be liable constructive knowledge or notice that may be imputed to by virtue of this policy, or (iii) if the Title, as insured, is an Insured by reason of the Public Records or any other rejected as Unmarketable Title. If the Company is records that impart constructive notice of matters affecting prejudiced by the failure of the Insured Claimant to the Title. provide prompt notice, the Company's liability to the (g) "Land": The land described in Schedule A, and Insured Claimant under the policy shall be reduced to the affixed improvements that by law constitute real property. extent of the prejudice. The term "Land" does not include any property beyond the 4. PROOF OF LOSS lines of the area described in Schedule A, nor any right, In the event the Company is unable to determine the title, interest, estate, or 'easement in abutting streets, amount of loss or damage, the Company may, at its 230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 opyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 6 option, require as a condition of payment that the Insured defend, prosecute, or continue any litigation, with regard Claimant furnish a signed proof of loss. The proof of loss to the matter or matters requiring such cooperation. must describe the defect, lien, ' encumbrance, or other (b) The Company may reasonably require the Insured matter insured against by this policy that constitutes the Claimant to submit to examination under oath by any - basis of loss or damage and shall state, to the extent authorized representative of the Company and to produce possible, the basis of calculating the amount of the loss or for examination, inspection, and copying, at such damage. reasonable times and places as may be designated by the S. DEFENSE AND PROSECUTION OF ACTIONS authorized representative of the Company, all records, in (a) Upon written request by the Insured, and subject whatever medium maintained, including books, ledgers, to the options contained in Section 7 of these Conditions, checks, memoranda, correspondence, reports, e-mails, the Company, at its own cost and without unreasonable disks, tapes, and videos whether bearing a date before or delay, shall provide for the defense of an Insured in after Date of Policy, that reasonably pertain to the loss or litigation in which any third party asserts a claim covered damage. Further, if requested by any authorized by this policy adverse to the Insured. This obligation is representative of the Company, the Insured Claimant shall limited to only those stated causes of action alleging grant its permission, in writing, for any authorized matters representative of the Company to examine, inspect, and insured against by this policy. The Company shall have the copy all of these records in the custody or control of a third right to select counsel of its choice (subject to the right of party that reasonably pertain to the loss or damage. All the Insured to object for reasonable cause) to represent information designated as confidential by the Insured the Insured as to those stated causes of action. It shall not Claimant provided to the Company pursuant to this Section be liable for and will not pay the fees of any other counsel. shall not be disclosed to others unless, in the reasonable The Company will not pay any fees, costs, or expenses judgment of the Company, it is necessary in the incurred by the Insured in the defense of those causes of administration of the claim. Failure of the Insured Claimant action that allege matters not insured against by this to submit for examination under oath, produce any policy. reasonably requested information, or grant permission to (b) The Company shall have the right, in addition to secure reasonably necessary information from third parties the options contained in Section 7 of these Conditions, at as required in this subsection, unless prohibited by law or its own cost, to institute and prosecute any action or governmental regulation, shall terminate any liability of proceeding or to do any other act that in its opinion may the Company under this policy as to that claim. be necessary or desirable to establish the Title, as insured, 7. OPTIONS TO PAY OR OTHERWISE SETTLE or to prevent or reduce loss or damage to the Insured. The CLAIMS;TERMINATION OF LIABILITY Company may take any appropriate action under the terms In case of a claim under this policy, the Company shall of this policy, whether or not it shall be liable to the have the following additional options: r nsured. The exercise of these rights shall not be an (a) To Pay or Tender Payment of the Amount of iidmission of liability or waiver of any provision of this Insurance. policy. If the Company exercises its rights under this To pay or tender payment of the Amount of Insurance subsection, it must do so diligently. under this policy together with any costs, attorneys' fees, (c)Whenever the Company brings an action or asserts a and expenses incurred by the Insured Claimant that were defense as required or permitted by this policy, the authorized by the Company up to the time of payment or Company may pursue the litigation to a final determination tender of payment and that the Company is obligated to by a court of competent jurisdiction, and it expressly pay. reserves the.right, in its sole discretion, to appeal from any Upon the exercise by the Company of this option, all adverse judgment or order. liability and obligations of the Company to the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE under this policy, other than to make the payment (a) In all cases where this policy permits or requires required in this subsection, shall terminate, including any the Company to prosecute or provide for the defense of liability or obligation to defend, prosecute, or continue any any action or proceeding and any appeals, the Insured litigation. shall secure to the Company the right to so prosecute or (b) To Pay or Otherwise Settle With Parties Other Than provide defense in the action or proceeding, including the the Insured or With the Insured Claimant. right to use, at its option, the name of the Insured for this (i)To pay or otherwise settle with other parties for purpose. Whenever requested by the Company, the or in the name of an Insured Claimant any claim insured Insured, at the Company's expense, shall give the against under this policy. In addition, the Company will Company all reasonable aid (i) in securing evidence, pay .any costs, attorneys' fees, and expenses incurred by obtaining witnesses, prosecuting or defending the action or the Insured Claimant that were authorized by the proceeding,,or effecting settlement, and (ii) in any other Company up to the time of payment and that the Company lawful act that in the opinion of the Company may be is obligated to pay; or necessary or desirable to establish the Title, or any other (ii)To _pay or otherwise settle with the Insured matter as insured. If the Company is prejudiced by the Claimant the loss or damage provided for under this policy, failure of the Insured to furnish the required cooperation, together with any costs, attorneys' fees, and expenses the Company's obligations to the Insured under the policy incurred by the Insured Claimant that were authorized by shall terminate, including any liability or obligation to --230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 opyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any '^^ —uerivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. `. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 the Company up to the time of payment and that the which the Insured has agreed, assumed, or taken subject, Company is obligated to pay. or which is executed by an Insured after Date of Policy and _ Upon the exercise by the Company of either of the which is a charge or lien on the Title, and the amount so options -provided for in subsections (b)(i) or (ii), the paid shall be deemed a payment to the Insured under this _. Company's obligations to the Insured under this policy for policy. the claimed loss or damage, other than the payments 12. PAYMENT OF LOSS required to be made, shall terminate, including any liability When liability and the extent of loss or damage have or obligation to defend, prosecute, or continue any been definitely fixed in accordance with these Conditions, litigation. the payment shall be made within 30 days. 8. DETERMINATION AND EXTENT OF LIABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR This policy is a contract 'of indemnity against actual SETTLEMENT monetary loss or damage sustained or incurred by the (a) Whenever the Company shall have settled and paid Insured Claimant who has suffered loss or damage by a claim under this policy, it shall be subrogated and reason of matters insured against by this policy. entitled to the rights of the Insured Claimant in the Title (a) The extent of liability of the Company for loss or and all other rights and remedies in respect to the claim damage under this policy shall not exceed the lesser of that the Insured Claimant has against any person or (i) the Amount of Insurance; or property, to the extent of the amount of any loss, costs, (ii)the difference between the value of the Title as attorneys' fees, and expenses paid by the Company. If insured and the value of the Title subject to the risk requested by the Company, the Insured Claimant shall insured against by this policy. execute documents to evidence the transfer to the (b) If the Company pursues its rights under Section 5 Company of these rights and remedies. The Insured of these Conditions and is unsuccessful in establishing the Claimant shall permit the Company to sue, compromise, or Title, as insured, . settle in the name of the Insured Claimant and to use the (i) the Amount of Insurance shall be increased by name of the Insured Claimant in any transaction or 10%, and litigation involving these rights and remedies. (ii)the Insured Claimant shall have the right to have If a payment on account of a claim does not fully cover the loss or damage determined either as of the date the the loss of the Insured Claimant, the Company shall defer claim was made by the Insured Claimant or as of the date the exercise of its right to recover until after the Insured it is settled and paid. Claimant shall have recovered its loss. (c)In addition to the extent of liability under (a) and (b) The Company's right of subrogation includes the (b), the Company will also pay those costs, attorneys' rights of the Insured to indemnities, guaranties, other fees, and expenses incurred in accordance with Sections 5 policies of insurance, or bonds, notwithstanding any terms _ and 7 of these Conditions. or conditions contained in those instruments that address 9. LIMITATION OF LIABILITY subrogation rights. (a) If the Company establishes the Title, or removes 14. ARBITRATION the alleged defect, lien or encumbrance, or cures the lack Either the Company or the Insured may demand that of a right of access to or from the Land, or cures the claim the claim or controversy shall be submitted to arbitration of Unmarketable Title, all as insured, in a reasonably pursuant to the Title Insurance Arbitration Rules of the diligent manner by any method, including litigation and the American Land Title Association ("Rules"). Except as completion of any appeals, it shall have fully performed its provided in the Rules, there shall be no joinder or obligations with respect to that matter and shall not be consolidation with claims or controversies of other persons. liable for any loss or damage caused to the Insured. Arbitrable matters may include, but are not limited to, any (b) In the event of any litigation, including litigation by controversy or claim between the Company and the the Company or with the Company's consent, the Insured arising out of or relating to this policy, any service Company shall have no liability for loss or damage until in connection with its issuance or the breach of a policy there has been a final determination by a court of provision, or to any other controversy or claim arising out competent jurisdiction, and disposition of all appeals, of the transaction giving rise to this policy. All arbitrable adverse to the Title, as insured. matters when the Amount of Insurance is $2,000,000 or (c)The Company shall not be liable for loss or damage less shall be arbitrated at the option of either the Company to the Insured for liability voluntarily assumed by the or the Insured. All arbitrable matters when the Amount of Insured in settling any claim or suit without the prior Insurance is in excess of $2,000,000 shall be arbitrated written consent of the Company. only when agreed to by both the Company and the 10. REDUCTION OF INSURANCE; REDUCTION OR Insured. Arbitration pursuant to this policy and under the TERMINATION OF LIABILITY Rules shall be binding upon the parties. Judgment upon All payments under this policy, except payments made the award rendered by the Arbitrator(s) may be entered in for costs, attorneys' fees, and expenses, shall reduce the any court of competent jurisdiction. Amount of Insurance by the amount of the payment. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 11. LIABILITY NONCUMULATIVE ENTIRE CONTRACT The Amount of Insurance shall be reduced by any (a) This policy together with all endorsements, if any, amount the Company pays under any policy insuring a attached to it by the Company is the entire policy and Mortgage to which exception is taken in Schedule B or to contract between the Insured and the Company. In 230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 ;opyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any " l —aerivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses ars prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 interpreting any provision of this policy, this policy shall be (a) Choice of Law: The Insured acknowledges the construed as a whole. Company has underwritten the risks covered by this policy _ (b) Any claim of loss or damage that arises out of the and determined the premium charged therefor in reliance 'status of the Title or by any action asserting such claim upon the law affecting interests in real property and shall be restricted to this policy. applicable to the interpretation, rights, remedies, or (c)Any amendment of or endorsement to this policy enforcement of policies of title insurance of the jurisdiction must be in writing and authenticated by an authorized where the Land is located. person, or expressly incorporated by Schedule A of this Therefore, the court or an arbitrator shall apply the law policy. of the jurisdiction where the Land is located to determine (d) Each endorsement to this policy issued at any time the validity of claims against the Title that are adverse to is made a part of this policy and is subject to all of its the Insured and to interpret and enforce the terms of this terms and provisions. Except as the endorsement policy. In neither case shall the court or arbitrator apply its expressly states, it does not (i) modify any of the terms conflicts of law principles to determine the applicable law. and provisions of the policy, (ii) modify any prior (b) Choice of Forum: Any litigation or other proceeding endorsement, (iii) extend the Date of Policy, or (iv) brought by the Insured against the Company must be filed increase the Amount of Insurance. only in a state or federal court within the United States of 16. SEVERABILITY America or its territories having appropriate jurisdiction. In the event any provision of this policy, in whole or in 18. NOTICES, WHERE SENT part, is held invalid or unenforceable under applicable law, Any notice of claim and any other notice or statement in the policy shall be deemed not to include that provision or writing required to be given to the Company under this such part held to be invalid, but all other provisions, shall policy must be given to the Company at CHICAGO TITLE remain in full force and effect. INSURANCE COMPANY, Attn: Claims Department, P.O. 17. CHOICE OF LAW; FORUM Box 45023, Jacksonville, FL 32232-5023. .230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 opyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any —derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial,Inc.,we respect and believe it is important to protect the privacy of consumers and our customers.This Privacy Notice explains how we collect, use, and protect any information that we collect from you,when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information about you, like your contact information from you via applications, forms, and information, address, demographic information, social security correspondence we receive from you and others related to our number (SSN), d'river's license, passport, other government ID transactions with you. When you visit our websites from your numbers and/or financial information. We may also receive computer or mobile device, we automatically collect and store browsing information from your Internet browser, computer certain information available to us through your Internet and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website applications. experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to you,to information to our affiliates and/or nonaffiliated parties improve our products and services, and to communicate with providing services for you or us,to law enforcement agencies or you about these products and services. We may also share your governmental authorities, as required by law, and to parties contact information with our affiliates for marketing purposes. whose interest in title must be determined. Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect information-to us is entirely up to you. You can opt-out of information from children who are under the age of 13,and our certain disclosure or use of your information or choose to not website is not intended to attract children. provide any personal information to us. Privacy Outside the Website. We are not responsible for the International Users. By providing us with you information, privacy practices of third parties, even if our website links to you consent to its transfer, processing and storage outside of those parties'websites. your country of residence,as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some Y cases,their websites collect information on behalf of mortgage loan servicers.The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting Access and Correction; Contact Us.If you desire to contact us information to us or by using our website,you are accepting and regarding this notice or,your information, please contact us at agreeing to the terms of this Privacy Notice. privacy(.aHhf.com or as directed at the end of this Privacy Notice. Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance,real estate- and loan-related services(collectively, "FNF","our"or`eve")respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF,including Personal Information and Browsing Information collected through any FNF website,online service or application(collectively,the"Website"). Types of Information Collected • other personal information needed from you to provide title We may collect two types of information from you: Personal insurance,real estate-and loan-related services to you. Information and Browsing Information. Browsing Information. FNF may collect the following categories Personal Information. FNF may collect the following categories of Browsing Information: of Personal Information: • Internet Protocol (or IP) address or device ID/UDID, protocol • contact information (e.g., name, address, phone number, email and sequence information; address); • browser language and type; • demographic information (e.g., date of birth, gender, marital • domain name system requests; status); • browsing history,such as time spent at a domain,time and date • social security number (SSN), driver's license, passport, and of your visit and number of clicks; other government ID numbers; • http headers,application client and server banners;and • financial account information;and • operating system and fingerprinting data. Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. How Information is Collected connection with an investigation, or civil or criminal subpoena In the course of our business, we may collect Personal or court order; Information about you from the following sources: • to lenders, lien holders, judgment creditors, or other parties • applications or other forms we receive from you or your claiming an interest in title whose claim or interest must be authorized representative; determined,settled,paid,or released prior to closing;and • the correspondence you and others send to us; • other third parties for whom you have given us written • information we receive through the Website; authorization to disclose your Personal Information. • information about your transactions with,or services performed We may disclose Personal Information and/or Browsing by,us,our affiliates or nonaffiliated third parties;and Information when required by law or in the good-faith belief that • information from consumer or other reporting agencies and such disclosure is necessary to: public records maintained by governmental entities that we • comply with a legal process or applicable laws; obtain directly from those entities,our affiliates or others. • enforce this Privacy Notice; If you visit or use our Website, we may collect Browsing • investigate or respond to claims that any material, document, Information from you as follows: image, graphic, logo, design, audio, video or any other • Browser Log Files.Our servers automatically log each visitor to information provided by you violates the rights of a third party; the Website and collect and record certain browsing or information about each visitor. The Browsing Information • protect the rights, property or personal safety of FNF, its users includes generic information and reveals nothing personal about or the public. the user. We maintain reasonable safeguards to keep your Personal • Cookies. When you visit our Website, a"cookie" may be sent Information secure. When we provide Personal Information to our to your computer. A cookie is a small piece of data that is sent affiliates or third party service providers as discussed in this to your Internet browser from a web server and stored on your Privacy Notice, we expect that these parties process such computer's hard drive. When you visit a website again, the information in compliance with our Privacy Notice or in a manner cookie allows the website to recognize your computer. Cookies that is in compliance with applicable privacy laws. The use of may store user preferences and other information. You can your information by a business partner may be subject to that choose whether or not to accept cookies by changing your party's own Privacy Notice. Unless permitted by law, we do not Internet browser settings, which may impair or limit some disclose information we collect from consumer or credit reporting functionality of the Website. agencies with our affiliates or others without your consent. Use of Collected Information We reserve the right to transfer your Personal Information, Information collected by FNF is used for three main purposes: Browsing Information, and any other information, in connection • To provide products and services to you or any affiliate or third with the sale or other disposition of all or part of the FNF business party who is obtaining services on your behalf or in connection and/or assets, or in the event of our bankruptcy, reorganization, with a transaction involving you. insolvency, receivership or an assignment for the benefit of • To improve our products and services. creditors. You expressly agree and consent to the use and/or • To communicate with you and to inform you about our, our transfer of the foregoing information in connection with any of the affiliates' and third parties' products and services, jointly or above described proceedings. We cannot and will not be independently. responsible for any breach of security by a third party or for any When Information Is Disclosed actions of any third party that receives any of the information that We may provide your Personal Information (excluding is disclosed to us. information we receive from consumer or other credit reporting Choices With Your Information agencies) and Browsing Information to various individuals and Whether you submit Personal Information or Browsing companies, as permitted by law, without obtaining your prior Information to FNF is entirely up to you. If you decide not to authorization. Such laws do not allow consumers to restrict these submit Personal Information or Browsing Information, FNF may disclosures. Please see the section "Choices With Your Personal not be able to provide certain services or products to you. The Information"to learn how to limit the discretionary disclosure of uses of your Personal Information and/or Browsing Information your Personal Information and Browsing Information. that,by law,you cannot limit,include: • for our everyday business purposes — to process your Disclosures of your Personal Information may be made to the transactions, maintain your account(s), to respond to law following categories of affiliates and nonaffiliated third parties: enforcement or other governmental authority in connection • to third parties to provide you with services you have requested, with an investigation, or civil or criminal subpoenas or court and to enable us to detect or prevent criminal activity, fraud, orders,or report to credit bureaus; material misrepresentation,or nondisclosure; • for our own marketing purposes; • to our affiliate financial service providers for their use to market • for joint marketing with financial companies;and their products or services to you; a for our affiliates' everyday business purposes — information • to nonaffiliated third party service providers who provide or about your transactions and experiences. perform services on our behalf and use the disclosed information You may choose to prevent FNF from disclosing or using your only in connection with such services; Personal Information and/or Browsing Information under the • to nonaffiliated third party service providers with whom we following circumstances("opt-out"): perform joint marketing,pursuant to an agreement with them to • for our affiliates' everyday business purposes — information market financial products or services to you; about your creditworthiness;and • to law enforcement or other governmental authority in • for our affiliates to market to you. Effective May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. To the extent permitted above, you may opt-out of disclosure or servicer. In those instances,we may collect certain information on use of your Personal Information and Browsing Information by behalf of that mortgage loan servicer via the website. The t� notifying us by one of the methods at the end of this Privacy information which we may collect on behalf of the mortgage loan Notice. We do not share your personal information with non- servicer is as follows: affiliates for their direct marketing purposes. •first and last name; For California Residents: We will not share your Personal .property address; Information and Browsing Information with nonaffiliated third .user name and password, parties, except as permitted by California law. Currently, our .loan number; policy is that we do not recognize "do not track" requests from .social security number-masked upon entry; Internet browsers and similar devices. *email address; For Nevada Residents: You may be placed on our internal Do Not .three security questions and answers;and Call List by calling (888) 934-3354 or by contacting us via the .IP address. information set forth at the end of this Privacy Notice.Nevada law The information- you submit through the website is then requires that we also provide you with the following contact transferred to your mortgage loan servicer by way of CCN. The information: Bureau of Consumer Protection, Office of the mortgage loan servicer is responsible for taking action or Nevada Attorney General,555 E.Washington St.,Suite 3900,Las making changes to any consumer information submitted Vegas, NV 89101; Phone number: (702) 486-3132; email: through this website. For example, if you believe that your BCPINFO@ag.state.nv.us. payment or user information is incorrect, you must contact For Oregon Residents: We will not share your Personal your mortgage loan servicer. Information and Browsing Information with nonaffiliated third CCN does not share consumer information with third parties, parties for marketing purposes, except after you have been other than (1) those with which the mortgage loan servicer has informed by us of such sharing and had an opportunity to indicate contracted to interface with the CCN application, or (2) law that you do not want a disclosure made for marketing purposes. enforcement or other governmental authority in connection with For Vermont Residents: We will not share your Personal an investigation, or civil or criminal subpoenas or court orders. Information and Browsing Information with nonaffiliated third All sections of this Privacy Notice apply to your interaction with parties, except as permitted by Vermont law, such as to process CCN, except for the sections titled "Choices with Your your transactions or to maintain your account.In addition,we will Information"and"Access and Correction."If you have questions not share information about your creditworthiness with our regarding the choices you have with regard to your personal affiliates except with your authorization. For joint marketing in information or how to access or correct your personal information, Vermont, we will only disclose your name, contact information you should contact your mortgage loan servicer. and information about your transactions. Your Consent To This Privacy Notice Information From Children By submitting Personal Information and/or Browsing Information The Website is meant for adults and is not intended or designed to to FNF,you consent to the collection and use of the information attract children under the age of thirteen (13).We do not collect by us in compliance with this Privacy Notice.Amendments to the Personal Information from any person that we know to be under Privacy Notice will be posted on the Website. Each time you the age of thirteen (13) without permission from a parent or provide information to us, or we receive information about you, guardian. By using the Website, you affirm that you are over the following any amendment of this Privacy Notice will signify your age of 13 and will abide by the terms of this Privacy Notice. assent to and acceptance of its revised terms for all previously Privacy Outside the Website collected information and information collected from you in the The Website may contain links to other websites.FNF is not and future. We may use comments, information or feedback that you cannot be responsible for the privacy practices or the content of submit to us in any manner that we may choose without notice or any of those other websites. compensation to you. International Users Accessing and Correcting Information; Contact Us FNF's headquarters is located within the United States. If you If you have questions, would like to access or correct your reside outside the United States or are a citizen of the European Personal Information, or want to opt-out of information sharing Union, please note that we may transfer your Personal with our affiliates for their marketing purposes, please send your Information and/or Browsing Information outside of your country requests to privacy@fnf.com or by mail or phone to: of residence or the European-Union for any of the purposes described in this Privacy Notice. By providing FNF with your Fidelity National Financial,Inc. Personal Information and/or Browsing Information, you consent 601 Riverside Avenue to our collection and transfer of such inforniation in accordance Jacksonville,Florida 32204 with this Privacy Notice. Attn:Chief Privacy Officer The California,Online Privacy Protection Act (888)934-3354 For some FNF websites,such as the Customer CareNet("CCN"), FNF is acting as a third party service provider to a mortgage loan Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. (t UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY TINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE MOTTO BE USED TO ESTABLISH PROPERTY ONES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CO^ISIDERED TO BE A VALID TRUE COPY.(L)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTMTIOIJ.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)@ CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OOBSERVARONS AND OR DATA OBTAINED FROM OTHERS. / 400 Ostrander Avenue, Riverhead, New York 11401 fox. 631.'7:2T.0144 N / \ tel. 651.12-1-2503 l genglnea ng Com 0� , \ ��' E , Howard W. Young, Land Surveyor O 1 r Thomas G. Wolpert, Professional Engineer ip t '/ \ Douglas E. Adams, Professional Engineer �n t7 /' �� Robert G. Tast, Architect o� S / Robert Stromski, Architect / 51 TE DATA AREA = 3.5625 ACRES OR 146,47 0 50. FT. �0 do, LOGO o�o � \ . o 0 62 s o ti Point of Beginning QyP o ��� 3 4 ° y , \ 00 N. 2g2Cf05.Cl-7 02 TIE IN (ALONG WESTERLY SIDE OF RIGHT OF WAY FROM) \ \ NORTHERLY SIDE OF PECONIC BAY BOULEVARD I. N38°1"1'20"W 200.06' \ \ 2. NSao21'23"W 3. N32 22 30 W 141.32 06 \ Ns 4. N5.102817"W 55.41' 02 \ 5. N46°25'08"W 446.83' $ \ ALONG LAND NOWCAPITAL) 3'\q��a (ASSET RETIREMENT FUND LLC OR FORMERLY 6. N51°2658"E 424.84' KEY MAP �'�$�/9�� SCALE: I"=600' 2\ 1 \ 9y •s9\ ted�� \� 0 ��ot��, �J SURVEYOR'S CERTIFICATION 0 q" O 1 ��iG��r� WE HEREBY CERTIFY TO COUNTY ❑F SUFFOLK, TOWN OF SO'UTHOLD & CHICAGO TITLE INSURANCE I '' �C C O M PA NY THAT THIS SURVEY WAS PREPARED IN ACCORDANCE 0R WITH THE CODE OF PRACTICE FOR LAND 5URVEY5 ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND M S ^oo W 1 A- \ SURVEYORS. N o - SFJ \ \ %� HOWARD W, YOUNG, VY.5. L.5. NO. 4581513 •'off� ••� \ 5URVE1' MAP OF PROPERTY REPUTEDLY OF \ JEFFRY H,ALLOGK SUFFOLK COUNTY NEV4 DRINKING WATER PROTECTION - OPEN SPACE Eat Laurel, Town of Southold 1 Suffolk County, New York N RIGHT OF WAY y s now or SCALE: 1"=100' ; / GERTI�IED SURREY " 0 formerly , w Capital Asset no nota or formerly now or former) or 12'1 Block 05 Lot 10.2 rn Retirement y now or formerly CqP/tQ/ ,, er/ County Tax Map District 1000 Section Hallock Holding .leffr Hallock Capital Asset Retirement Fund LLC Retirem $sett' °3\'3�s Ckv or for o � � Fund LLG Corp. y p SURVEY AIr N �� S °0j40FIELD Fina LLG t 5a\36' Ret pltol AS er/y -� MAP PREPARED JUNE UNE 26, 201'1 JUNE 13, 201-7 IL 0 3!?2.3g F 0 = u�i �n 546°25'08"1---------------------- lreMe Set � � Q °25'08"E ------ ----- 260.54' ----- --- 138'1.21 --------------------- 53'2°��8LLG t Find � o Record of Revisions 133.40' O u 0 484.48' 1500 O'F �G 5380170„E N RECORD OF REVISIONS DATE U U1 EART{ROADAAr / EART(�RO 2oOgb, m AMENDED CERTIFICATIONS MAR. 011 :2015 2 3 130 4 ——133. 10—— ————— 260.51 _ _ AD N T°Old„ ----- — N46`25'08W----------------- 9�i6.83 ----------------------3011 N38° wAr ED ___ N -ILA W 1381.33 $S I, 1720 Q N g'1°2a I� W N3��4/•3���� now OW 200.00 Z r forrneriy Q W Anne Marie Mc1/elgh u I� 0 J O C } 1 50 0 25 50 100 .150 r10 HP` � Trlsta,teforMCrly Holdin Capital BRU55 GREEK BRU5HE5 GREEK gs L JOB NO. 201'7-0046.3 o_ G DWG. 201'1_0046_PGL3 I OF I O = MONUMENT SET ■= MONUMENT FOUND = STAKE 5E7 A= STAKE FOUND SCTM #1000-127.-3-10.3 No # Diachun Road Laurel, New York HALLOCK HOLDING CORP. to COUNTY OF SUFFOLK & TOWN OF SOUTHOLD Deed dated April 20, 2018 Recorded August 22, 2018 in the office of the Suffolk County Clerk Liber D00012974, Page 980 Title Insurance Policy #7230632-213787825 issued by Chicago Title Insurance Company Title No. 18-38-0150-11069 Dated April 20, 2018 In the insured amount of $3407000.00 Survey Prepared by Young & Young Last dated March 9, 2018 Job No. 2017-0096.4 CC#: C18-37498 a COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 08/22/2018 under Liber D00012974 and Page 980 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 08/2212018 SUFFOLK COUNTY CLERK (:;7--e—Z=1— a. 4"" o . JUDITH A.PASCALE SEAL E FU lS U d AUG 2 4 2018 _ DEPT.OF LAND C PRESERVATION f.• 1111[(111111 IIIII IIIII IIIII IIIII 1111111111111111111 IN [[111[1[[[1[[11[1 IN IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 08/22/2018 Number of Pages: 7 At: 11:27:55 AM Receipt Number : 18-0156678 TRANSFER TAX NUMBER: 18-02358 LIBER: D00012974 PAGE: 980 District: Section: Block: Lot: 1000 127.00 03.00 010.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $340,000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0 .00 YES Handling $0 .00 YES.- COE $0 .00 YES - NYS SRCHG $0.00 YES EA-CTY $0 .00 YES EA-STATE $0.00 YES TP-584 $0.00 YES Notation $0.00 YES Cert.Copies $0.00 YES RPT $0.00 YES Transfer tax $0.00 YES Comm.Pres $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 18-02358 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ELI Number of pages' RECORDED ' 2018 Avg 22 11:23-:55 All ` JUDITH R: FFP SCALE This,document will be public CLERK [IF FFOLK �O�NT4 record. Pleasa remove all SUL D00012974- Social Sdcluiity.Numbers P 9100 prior to recording. DT# 18-02358 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fees Mortgage Amt. � \ 1. Basic Tax -5-- wHandling - � " ` 2, Additional Tax TP-584 J Sub Total Notation Spec./Assit _ / ^< or EA-52 17(County) 5 _ Sub Total (z7 J Spec./Add. EA-5217(State) 2�0 TOT.MTG.TAX Dual Town Dual County _ R PT.S.A af- 1 Held for Appointment Comm.of Ed. 5• 00 Transfer Tax Affidavit Mansion Tax. Certified Copy p' The property covered by this mortgage is o _ or will be improved by a one or.two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other. _ Grand Total u.; If NO,see appropriate tax clause on ` page# ( of 3-}3-3-3 ins z/g 4 ]7s�aa 18028015 1000 3-2700 0300 03-0003 X03 5 Community-Presesvattion•Fnnd Real Properly PTS I�ulL I�I�u�I l>I VIII�II I�IIII I� Consideration Amount$> �- Tax Service R LPA A J'il lul 'AI �WJI Agency 22 AUG CPF Tax Due $� Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: ' aCn n ca.S o-- Vacant Land SUFFOLKCOUNi`Y >m of REALPROPE1tVACQUEMON TD _ 4D AND MANAGli;llffi UT 1lw1BBDffidHISOIJ,BLDQ"-odFL00R TD "100 VMZ ANS MEW)RIAL•HIGHW" PMB=6100 TD 'NAUPPAUG%NY 11788-0099 Mail to:Judith A.Pascale, Suffolk County Clerk 7 Tioe ComiDany Information 310 Center Drive, Riverhead, NY 11901 Co.Name S R www.suffo[kcountyny.gov/clerk nfie# , 3 g 1� 8 Suffolk I County Recording & Endorsement Pa e This age forms part of the attached l Jmade by: a (SPECIFY TYPE OF INSTRUMENT) Ue The premises herein is situated in SUFFOLK COUNTY,NEW YORK. r n O / py In the TOWN / 1" o ✓ ut5 b 1,✓ - In the VILLAGE or HAMLET of BOXES U S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) SUFFOLK COUNTY BARGAIN AND SALE DEED WITH COVENANTS THIS INDENTURE, made the 20th day of April , 2018. BETWEEN Hallock Holding Corp., with an address at 101 Second Street, South Jamesport, New York 11970, party of the first part, -------- AND the COUNTY OF SUFFOLK, a municipal corporation of the DISTRICT State of New York, having its principal office at the Suffolk 1000 County Center, Center Drive, Riverhead, New York 11901, which -------- will acquire a seventy nine percent (79%) undivided interest in SECTION and to the parcel, and the TOWN OF SOUTHOLD, a municipal 127.00 corporation, with principal offices at 53095 Route 25, P.O. Box -------- 1179, Southold, New York 11971, which will acquire the BLOCK remaining twenty one percent (21%) undivided interest in and to 03.00 the parcel, as tenants-in-common, hereafter described -------- individually, or as the parties of the second part, LOT 010.003 WITNESSETH, that the party of the first part, in consideration of THREE HUNDRED FORTY THOUSAND and 00/100 DOLLARS ($340,000.00) and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto as Schedule "A" and made a part hereof) : lJ THIS DEED is given in accordance with Article XII of the Suffolk County Charter, as amended and effective December 1, 2007 and pursuant to Suffolk County Charter Article XII, Suffolk County Drinking Water Protection Program, as amended and effective as of November 30, 2000 and Resolution No.877-2005, Resolution No. 248-2015, Resolution No. 106-2017 and the Town of Southold Resolution No. 2016--791, all on file with the Clerk of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to the party of the first part by deed dated February 28, 2005 and recorded June 19, 2006, in the office of the Clerk of the County of Suffolk in Liber 12455, page 647. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with all right, title and interest, if any, that the party of the first part has in and to any strips and gores between the above described parcel and adjoining owners. TOGETHER with all right, title and interest of the party of the first part in and to all streets and roads abutting the above described premises to the center lines thereof, and the ponds, marshes, rivers, lakes, creeks, waters, and lands under water located in, upon or adjoining the above described premises, and all littoral, riparian and shore rights in any way pertaining or belonging thereto. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TOGETHER with all other rights heretofore conferred by Seller, and subject to federal, state and local law, party of the second part may undertake, at its own expense or on a cost- share basis with any other entity, any activities (including subsurface infiltration and stormwater water quality treatment best management practices) to restore, protect, manage, and maintain the premises, or enhance its natural values. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. THIS CONVEYANCE is made in the regular course of business actually conducted by the party of the first part and upon the consent of all its stockholders. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND as set forth in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of said chapters shall not be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of fee title acquired by the Town prior to any such amendment. This covenant shall run the land in perpetuity. AND the party of the second part, in accordance with Chapter XII of the Suffolk County Charter, as amended and effective December 1, 2007, including but not limited to § C12- 2 (A) (2) (c) thereof, and Suffolk County Resolution No. 412-2005, severs herewith ZERO(0) Workforce Housing Development Right(s) ("WHDR(s)") from the aforestated piece or parcel of land. AND the following paragraph shall constitute a covenant and restriction which shall run with the land in perpetuity: This aforestated piece or parcel was purchased using funds in accordance with the Suffolk County Drinking Water Protection Program, as amended and effective December 1, 2007 (Chapter XII of the Suffolk County Charter) , and Suffolk County Resolution No. 412-2005, for the Transfer of Development Rights Program, which WHDR(s) were severed for workforce housing purposes, and this piece or parcel is deemed permanently sterilized and must remain as open space in the Suffolk County inventory. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this 'indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Hallock Holding Corp. ' J f llock, President STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) ? On this Zd day of ��.1 in the year 2018, before me, the undersigned, person-ally appeared Jeffry Hallock , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WENDY TATE OF 5 NOTARY PUBLIC,STATE OF NEW YORK //////✓✓V ^-'^�/[�L.. Registration No.OIST4642045 Nota r blic: State of New York Qualified in Suffolk County Commission E res ust 31.2021 BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 127.00 GRANTOR'S ACT BLOCK 03.00 TITLE NO. 18-38-0150-11069 LOT 010.003 HALLLOCK HOLDING CORP. TO COUNTY OF SUFFOLK AS TO 79% UNDIVIDED INTEREST AND TOWN OF SOUTHOLD AS TO 21% UNDIVIDED INTEREST RECORD & RETURN TO: PHYLLIS J. BENINCASA Dept. of Economic Development and Planning Div. of Real Property Acquisition and Management H. Lee Dennison Bldg., 2nd Floor P.O. Box 6100 Hauppauge, NY 11787 AE3STRA1QTS, INCORRORATE1D— ' • . Residential 6.0omme—W Titla Insurance alnca-1 JB4 as agent for Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number.18-38-0150-11069 AMENDED 411612018: THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly Capital Asset Retirement Fund LLC,577.16 feet to land now or formerly Half Hollow Nursery Realty Corp.; THENCE south 32 degrees 33 minutes 02 seconds east along land now or formerly Half Hollow Nursery Realty Corp., 130.00 feet to the point or place of BEGINNING. CONTAINING an area of 1.7289 Acres or 75,310 square feet. SUBJECT TO AND TOGETHER WITH a certain right of way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly of Anne McVeigh; RUNNING THENCE from said point of beginning north 38 degrees 17 minutes 20 seconds west along land now or formerly of Anne Marie McVeigh,200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses and distances: 1.North 89 degrees 21 minutes 23 seconds west,58.86 feet, 2.North 32 degrees 22 minutes 30 seconds west, 141.32 feet, 3.North 57 degrees 28 minutes 17 seconds west,55.41 feet, 4. North 46 degrees 25 minutes 08 seconds west,996 83 feet to land now or formerly of Jeffry Hallock; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Hallock Holding Corp; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Hallock Holding Corp., 133.90 feet to land now or formerly of Capital Asset Retirement Fund LLC; THENCE north 37 degrees 01 minutes 40 seconds west through land now or formerly Capital Asset Retirement Fund LLC, 130.40 feet to land now or formerly of Tristate Capital Holdings LLC; P.BSTR.4CTS, IIVCOFRI-OR,�?'EF_D'° � •� Rasid®ntial 6 Commercial Tftla Insurance since 1 JB4 as agent for Chicago Title Insurance Company SCHEDULE A DESCRIPTION Title Number:18-38-0150-11069 AMENDED 4116/2018: THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly of Tristate Capital Holdings LLC,50.15 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: 1.South 37 degrees 01 minutes 40 seconds east, 122.38 feet, 2. South 46 degrees 25 minutes 08 seconds east,8.24 feet to land now or formerly Hallock Holding Corp.; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Hallock Holding Corp, 133.90 feet to land now or formerly of Jeffry Hallock; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly of Jeffry Hallock,260.59 feet to land now or formerly of Capital Asset Retirement Fund LLC; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Capital Asset Retirement Fund LLC,984.48 feet to other land now or formerly of Capital Asset Retirement Fund LLC; THENCE south 32 degrees 22 minutes 30 seconds east along other land now or formerly of Capital Asset Retirement Fund LLC, 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: 1.South 64 degrees 31 minutes 35 seconds east,91.36 feet, 2.South 38 degrees 17 minutes 20 seconds east,200.36 feet to the northerly side of Peconic Say Boulevard; THENCE south 39 degrees 22 minutes 10 seconds west along the northerly side of Peconic Bay Boulevard,25.59 feet to the monument found at the point or place of BEGINNING. CWCA:GO"T1TLE- ' Policy No.: 2160-1-18-38-0150-11069-2018.7230632-213787825 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE encroachments of existing improvements EXCEPTIONS FROM COVERAGE CONTAINED IN located on the Land onto adjoining land, and SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE encroachments onto the Land of existing INSURANCE COMPANY, a Florida corporation, (the improvements located on adjoining land. "Company") insures as of Date of Policy and, to the 3. Unmarketable Title. extent stated in Covered Risks 9 and 10, after Date of 4. No right of access to and from the Land. Policy, against loss or damage, not exceeding the 5. The violation or enforcement of any law, Amount of Insurance, sustained or incurred by the ordinance, permit, or governmental regulation Insured by reason of: (including those relating to building and zoning) 1. Title being vested other than as stated in restricting, regulating, prohibiting, or relating to Schedule A. (a) the occupancy, use, or enjoyment of the 2. . Any defect in or lien or encumbrance on the Land; Title. This Covered Risk includes but is not (b) the character, dimensions, or location of any limited to insurance against loss from improvement erected on the Land; (a) A defect in the Title caused by (c) the subdivision of land; or (i) forgery, fraud, undue influence, duress, (d) environmental protection incompetency, incapacity, or if a notice, describing any part of the Land, is recorded in the Public Records setting forth the impersonation; violation or intention to enforce, but only to the (ii) failure of any person or Entity have extent of the violation or enforcement referred authorized a transfer or conveyance; to in that notice. (iii) a document affecting Title not properly 6. to enforcement action based on the exercise of createdexecuted, witnessed, sealed, a governmental police power not covered by acknowledged, notarized, or delivered; Covered Risk 5 if a notice of the enforcement (iv)failure to perform those acts necessary action, describing any part of the Land, is m create a document by electronic recorded in the Public Records, but only to the means authorized by law; (v) a document executed under a falsified, extent of the enforcement referred to in that notice. expired, or otherwise invalid power of 7. The exercise of the rights of eminent domain if a attorney; notice of the exercise, describing any part of the (vi)a document not properly filed, recorded, Land, is recorded in the Public Records. or indexed in the Public Records 8. Any taking by a governmental body that has including failure to perform those acts by occurred and is binding on the rights of a electronic means authorized by law; or purchaser for value without Knowledge. (vii) a defective judicial or administrative 9. Title being vested other than as stated Schedule proceeding. A or being defective (b) The lien of real estate taxes or assessments (a) as a result of the avoidance in whole or in imposed on the Title by a governmental part, or from a court order providing an authority due or payable, but unpaid. alternative remedy, of a transfer of all or (c) Any encroachment, encumbrance, violation, any part of the title to or any interest in the variation, or adverse circumstance affecting Land occurring prior to the transaction the Title that would be disclosed by an vesting Title as shown in Schedule A accurate and complete land survey of the because that prior transfer constituted a Land. The term "encroachment" includes fraudulent or preferential transfer under 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any ME °E derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 ' federal bankruptcy, state insolvency, or 10. Any defect in or lien or encumbrance on the Title similar creditors' rights laws; or or other matter included in Covered Risks 1 (b) because the instrument of transfer vesting through 9 that has been created or attached or Title as shown in Schedule A constitutes a has been filed or recorded in the Public Records preferential transfer under federal subsequent to Date of Policy and prior to the bankruptcy, state insolvency, or similar recording of the deed or other instrument of creditors' rights laws by reason of the failure transfer in the Public Records that vests Title as of its recording in the Public Records shown in Schedule A. (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. CHICAGO TITLE INSURANCE COMPANY Countersigned: By: :ae f By: Authorized Officer r A ent ••,,: �l 0 Abstracts, Incorporated _ 'D 100 Garden City Plaza, Ste 201 ; President Garden City, NY 11530 Tel:516-683-1000 Fax:516-683-0089 V Attest: Secretary C� EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the 3. Defects, liens, encumbrances, adverse claims, or coverage of this policy, and the Company will not pay other matters: loss or damage, costs, attorneys' fees, or expenses that (a) created, suffered, assumed, or agreed to by the arise by reason of: Insured Claimant; 1. (a) Any law, ordinance, permit, or governmental (b) not Known to the Company, not recorded in the regulation (including those relating to building Public Records at Date of Policy, but Known to and zoning) restricting, regulating, prohibiting, the Insured Claimant and not disclosed in writing or relating to to the Company by the Insured Claimant prior to (i) the occupancy, use, or enjoyment of the the date the Insured Claimant became an Land; Insured under this policy; (ii) the character, dimensions or location of any (c) resulting in no loss or damage to the Insured improvement erected on the Land; Claimant; (iii)the subdivision of land; or (d) attaching or created subsequent to Date of (iv)environmental protection; Policy (however, this does not modify or limit or the effect of any violation of these laws, the coverage provided under Covered Risk 9 and ordinances, or governmental regulations. This 10); or Exclusion 1(a) does not modify or limit the (e) resulting in loss or damage that would not have coverage provided under Covered Risk 5. been sustained if the Insured Claimant had paid (b) Any governmental police power. This Exclusion value for the Title. 1(b) does not modify or limit the coverage 4. Any claim, by reason of the operation of federal provided under Covered Risk 6. bankruptcy, state insolvency, or similar creditors' 2. Rights of eminent domain. This Exclusion does not rights laws, that the transaction vesting the Title as modify or limit the coverage provided under Covered shown in Schedule A, is Risk 7 or 8. 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 ". Copyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any °^ derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 Chicago Title Insurance Company AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY(6-17-2006) ' WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Policy No. 7230632-213787825 Title Number Effective Date Amount of Insurance 18-38-0150-11069 4/20/2018 $340,000.00 1. Name of Insured: County of Suffolk as to 79% Interest and Town of Southold as to 21%Interest 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested by: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest who acquired title by deed from Hallock Holding Corp dated 4/20/2018 and to be recorded in the Office of the Clerk of the County of Suffolk. 4. The land referred to in this Policy is described herein on Schedule A Description of Premises. For Information: Premises known as: Diachun Road, Southold,NY 11971 Authorized Si atory SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company ' SCHEDULE A DESCRIPTION OF PREMISES Title No. 18-38-0150-11069 Policy No. 7230632-213787825 Surveyor's Description ALL that certain plot piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point at the northeasterly corner of land now or formerly of Jeffry Hallock, said point being situate the following five (5) courses and distances as measured along the westerly side of a certain right of way from the northerly side of Peconic Bay Boulevard and the sixth course and distance being measured along land now or formerly Jeffry Hallock: 1. North 38 degrees 17 minutes 20 seconds west, 200.00 feet, 2. North 89 degrees 21 minutes 23 seconds west, 58.86 feet, 3. North 32 degrees 22 minutes 30 seconds west, 141.32 feet, 4. North 57 degrees 28 minutes 17 seconds west, 55.41 feet, 5. North 46 degrees 25 minutes 08 seconds west, 1,257.43 feet (surveyor) (1,257.42 feet actual), 6. North 57 degrees 26 minutes 58 seconds east, 490.27 feet, RUNNING THENCE from said point of beginning south 57 degrees 26 minutes 58 seconds west along land now or formerly Jeffry Hallock 592.33 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following three (3) tie-line courses and distances: 1. North 55 degrees 21 minutes 40 seconds west, 7.14 feet, 2. North 15 degrees 54 minutes 32 seconds west, 103.19 feet, 3. North 57 degrees 52 minutes 06 seconds west, 27.16 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly Capital Asset Retirement Fund LLC, 577.16 feet to land now or formerly Half Hollow Nursery Realty Corp.; THENCE south 32 degrees 33 minutes 02 seconds east along land now or formerly Half Hollow Nursery Realty Corp., 130.00 feet to the point or place of BEGINNING. CONTAINING an area of 1.7289 Acres or 75,310 square feet. SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company ' Title No. 18-38-0150-11069 Policy No. 7230632-213787825 SUBJECT TO AND TOGETHER WITH a certain right of way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly of Anne McVeigh; RUNNING THENCE from said point of beginning north 38 degrees 17 minutes 20 seconds west along land now or formerly of Anne Marie McVeigh, 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four (4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds west, 58.86 feet, 2. North 32 degrees 22 minutes 30 seconds west,-141.32 feet, 3. North 57 degrees 28 minutes 17 seconds west, 55.41 feet, 4. North 46 degrees 25 minutes 08 seconds west, 996.83 feet to land now or formerly of Jeffry Hallock; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Hallock Holding Corp.; THENCE north 46 degrees 25 minutes 08 seconds west through land now or formerly Hallock Holding Corp., 133.90 feet to land now or formerly of Capital Asset Retirement Fund LLC; THENCE north 37 degrees 01 minutes 40 seconds west through land now or formerly Capital Asset Retirement Fund LLC, 130.40 feet to land now or formerly of Tristate Capital Holdings LLC; THENCE north 57 degrees 26 minutes 58 seconds east along land now or formerly of Tristate Capital Holdings LLC, 50.15 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: 1. South 37 degrees 01 minutes 40 seconds east, 122.38 feet, 2. South 46 degrees 25 minutes 08 seconds east, 8.24 feet to land now or formerly Hallock Holding Corp.; SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Title No. 18-38-0150-11069 Policy No. 7230632-213787825 THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Hallock Holding Corp, 133.90 feet to land now or formerly of Jeffry Hallock; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly of Jeffry Hallock, 260.59 feet to land now or formerly of Capital Asset Retirement Fund LLC; THENCE south 46 degrees 25 minutes 08 seconds east through land now or formerly Capital Asset Retirement Fund LLC, 984.48 feet to other land now or formerly of Capital Asset Retirement Fund LLC; THENCE south 32 degrees 22 minutes 30 seconds east along other land now or formerly of Capital Asset Retirement Fund LLC, 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: 1. South 64 degrees 31 minutes 35 seconds east, 91.36 feet, 2. South 38 degrees 17 minutes 20 seconds east, 200.36 feet to the northerly side of Peconic Bay Boulevard; THENCE south 39 degrees 22 minutes 10 seconds west along the northerly side of Peconic Bay Boulevard, 25.59 feet to the monument found at the point or place of BEGINNING. SCHEDULE A A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Policy No 7230632-213787825 Title No 18-38-0150-11069 SCHEDULE B Showing defects, liens, encumbrances and other matters against which the Company does not, by this Policy, insure: 1. Rights and Easement in Liber 2358 page 448. 2. Rights and two (2) 50 foot Right of Ways in Liber 5242 page 553 and Liber 11888 page 173 and in description herein. 3. Except rights and easements of others to drain through or otherwise use BRUSHES CREEK abutting or running through the premises herein, but the policy does not insure that the owner of the premises herein has any right to drain through or otherwise use BRUSHES CREEK across adjacent land. 4. No title will be insured to any land now or formerly lying in the bed of BRUSHES CREEK, its arms, branches or tributaries by whatever name called. 5. Subject to the natural and unobstructed flow of BRUSHES CREEK across premises. 6. Variations between tax lot and lines of record title. 7. The area shown on the survey as "WETLANDS" is subject to the New York Tidal Wetlands Acts and the use thereof must be approved by the Department of Environmental Conservation of the State of New York. 8. Survey by Young and Young, Land Surveyor dated 6/13/2017, certifications only amended on 3/9/2018, shows vacant land with no encroachments or variations except the following: 1. Woods on most of premises. 2. Hedges lie east of easterly lot line by grass roadway. 3. Right-of-way with Earth Roadway over westerly part of premises as set forth in description herein. 4. Landward limit of Tidal Wetlands over westerly portion of premises. 5. High water mark of Brushes Creek at westerly part of premises. NO OTHER CHANGES SUBJECT TO ANY STATE OF FACTS AN ACCURATE SURVEY MIGHT SHOW SINCE THE DATE OF THE ABOVE SURVEY. 9. All water charges plus interest and penalties, if any. --I SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company ALTA ENDORSEMENT FORM 39-06 TIRSA Policy Authentication Title No. 18-38-0150-11069 Attached to and made a part of Policy No. 7230632-213787825 When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the conditions this endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement,this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF,the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED: 4/20/2018 Chicago Title Insurance Company BY Authorized Signatory Page 1 of 1 TP-SENY-708.01 ALTA 39-06 Policy Authentication Endorsement(6/26/2016) Chicago Title Insurance Company STANDARD NEW YORK ENDORSEMENT ' - (OWNER'S POLICY) Title No. 18-38-0150-11069 Attached to and made a part of Policy No. 7230632-213787825 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. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED: 4/20/2018 Chicago Title Insurance Company By 011,a4e-ol Auth zed Signatory TP-SENY-034.01 Standard New York Endorsement(7/1/2012) For Use With ALTA Owner's Policy(6/17/2006) (a) a fraudulent conveyance or fraudulent transfer; and created or attaching between Date of Policy and or the date of recording of the deed or other (b) a preferential transfer for any reason not stated instrument of transfer in the Public Records that in Covered Risk 9 of this policy. vests Title as shown in Schedule A. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority CONDITIONS 1. DEFINITION OF TERMS roads, avenues, alleys, lanes, ways or waterways, but this The following terms when used in this policy mean: does not modify or limit the extent that a right of access to (a) "Amount of Insurance": The amount stated in and from the Land is insured by this policy. Schedule A, as may be increased or decreased by (h) "Mortgage": Mortgage, deed of trust, trust deed, or endorsement to this policy, increased by Section 8(b), or other security instrument, including one evidenced by decreased by Sections 10 and 11 of these Conditions. electronic means authorized by law. (b) "Date of Policy": The date designated as 'Date of (i) "Public Records": Records established under state Policy" in Schedule A. statutes at Date of Policy for the purpose of imparting (c)"Entity": A corporation, partnership, trust, limited constructive notice of matters relating to real property to liability company, or other similar legal entity. purchasers for value and without Knowledge. With respect (d) "Insured": The Insured named in Schedule A. to Covered Risk 5(d), "Public Records" shall also include (i) The term "Insured" also includes environmental protection liens filed in the records of the (A) successors to the Title of the Insured by clerk of the United States District Court for the district operation of law as distinguished from purchase, including where the Land is located. heirs, devisees, survivors, personal representatives, or (j)"Title": The estate or interest described in next of kin; Schedule A. (B) successors to an Insured by dissolution, (k) "Unmarketable Title": Title affected by an alleged or merger, consolidation, distribution, or reorganization; apparent matter that would permit a prospective purchaser (C) successors to an Insured by its conversion or lessee of the Title or lender on the Title to be released to another kind of Entity; from the obligation to.purchase, lease, or lend if there is a (D) •a grantee of an Insured under a deed contractual condition requiring the delivery of marketable delivered without payment of actual valuable consideration title. conveying the Title 2. CONTINUATION OF INSURANCE (1) if the stock, shares, memberships, or other The coverage of this policy shall continue in force as of equity interests of the grantee are wholly-owned by the Date of Policy in favor of an Insured, but only so long as named Insured, the Insured retains an estate or interest in the Land, or (2) if the grantee wholly owns the named holds an obligation secured by a purchase money Insured, Mortgage given by a purchaser from the Insured, or only (3) if the grantee is wholly-owned by an so long as the Insured shall have liability by reason of affiliated Entity of the named Insured, provided the warranties in any transfer or conveyance of the Title. This affiliated Entity and the named Insured are both wholly- policy shall not continue in force in favor of any purchaser owned by the same person or Entity, or from the Insured of either (i) an estate or interest in the (4) if the grantee is a trustee or beneficiary of Land, or (ii) an obligation secured by a purchase money a trust created by a written instrument established by the Mortgage given to the Insured. Insured named in Schedule A for estate planning purposes. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (ii) With regard to (A), (B), (C), and (D) reserving, CLAIMANT however, all rights and defenses as to any successCr that The Insured shall notify the Company promptly in the Company would have had against any predecessor writing (i) in case of any litigation as set forth in Section Insured. 5(a) of these Conditions, (ii) in case Knowledge shall come (e) "Insured Claimant": An Insured claiming loss or to an Insured hereunder of any claim of title or interest damage. that is adverse to the Title, as insured, and that might (f)"Knowledge" or "Known": Actual knowledge, not cause loss or damage for which the Company may be liable constructive knowledge or notice that may be imputed to by virtue of this policy, or (iii) if the Title, as insured, is an Insured by reason of the Public Records or any other rejected as Unmarketable Title. If the Company is records that impart constructive notice of matters affecting prejudiced by the failure of the Insured Claimant to the Title. provide prompt notice, the Company's liability to the (g) "Land": The land described in Schedule A, and Insured Claimant under the policy shall be reduced to the affixed improvements that by law constitute real property. extent of the prejudice. The term "Land" does not include any property beyond the 4. PROOF OF LOSS lines of the area described in Schedule A, nor any right, In the event the Company is unable to determine the title, interest, estate, or easement in abutting streets, amount of loss or damage, the Company may, at its 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any " ti derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 6 option, require as a condition of payment that the Insured defend, prosecute, or continue any litigation, with regard Claimant furnish a signed proof of loss. The proof of loss to the matter or matters requiring such cooperation. must describe the defect, lien, encumbrance, or other (b) The Company may reasonably require the Insured matter insured against by this policy that constitutes the Claimant to submit to examination under oath by any basis of loss or damage and shall state, to the extent authorized representative of the Company and to produce possible, the basis of calculating the amount of the loss or for examination, inspection, and copying, at such damage. reasonable times and places as may be designated by the 5. DEFENSE AND PROSECUTION OF ACTIONS authorized representative of the Company, all records, in (a) Upon written request by the Insured, and 'subject whatever medium maintained, including books, ledgers, to the options contained in Section 7 of these Conditions, checks, memoranda, correspondence, reports, e-mails, the Company, at its own cost and without unreasonable disks, tapes, and videos whether bearing a date before or delay, shall provide for the defense of an Insured in after Date of Policy, that reasonably pertain to the loss or litigation in which any third party asserts a claim covered damage. Further, if requested by any authorized by this policy adverse to.the Insured. This obligation is representative of the Company, the Insured Claimant shall limited to only those stated causes of action alleging grant its permission, in writing, for any authorized matters representative of the Company to examine, inspect, and insured against by this policy. The Company shall have the copy all of these records in the custody or control of a third right to select counsel of its choice (subject to the right of party that reasonably pertain to the loss or damage. All the Insured to object for reasonable cause) to represent information designated as confidential by the Insured the Insured as to those stated causes of action. It shall not Claimant provided to the Company pursuant to this Section be liable for and will not pay the fees of any other counsel. shall not be disclosed to others unless, in the reasonable The Company will not pay any fees, costs, or expenses judgment of the Company, it is necessary in the incurred by the Insured in the defense of those causes of administration of the claim. Failure of the Insured Claimant action that allege matters not insured against by this to submit for examination under oath, produce any policy. reasonably requested information, or grant permission to (b) The Company shall have the right, in addition to secure reasonably necessary information from third parties the options contained in Section 7 of these Conditions, at as required in this subsection, unless prohibited by law or its own cost, to institute and prosecute any action or governmental regulation, shall terminate any liability of proceeding or to do any other act that in its opinion may the Company under this policy as to that claim. be necessary or desirable to establish the Title, as insured, 7. OPTIONS TO PAY OR OTHERWISE SETTLE or to prevent or reduce loss or damage to the Insured. The CLAIMS;TERMINATION OF LIABILITY Company may take any appropriate action under the terms In case of a claim under this policy, the Company shall of this policy, whether or not it shall be liable to the have the following additional options: Insured. The exercise of these rights shall not be an (a) To Pay or Tender Payment of the Amount of admission of liability or waiver of any provision of this Insurance. policy. If the Company exercises its rights under this To pay or tender payment of the Amount of Insurance subsection, it must do so diligently. under this policy together with any costs, attorneys' fees, (c)Whenever the Company brings an action or asserts a and expenses incurred by the Insured Claimant that were defense as required or permitted by this policy, the authorized by the Company up to the time of payment or Company may pursue the litigation to a final determination tender of payment and that the Company is obligated to by a court of competent jurisdiction, and it expressly pay. reserves the right, in its sole discretion, to appeal from any Upon the exercise by the Company of this option, all adverse judgment or order. liability and obligations of the Company to the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE under this policy, other than to make the payment (a) In all cases where this policy•permits or requires required in this subsection, shall terminate, including any the Company to prosecute or provide for the defense of liability or obligation to defend, prosecute, or continue any any action or proceeding and any appeals, the Insured litigation. shall secure to the Company the right to so prosecute or (b) To Pay or Otherwise Settle With Parties Other Than provide defense in the action or proceeding, including the the Insured or With the Insured Claimant. right to use, at its option, the name of the Insured for this (i)To pay or otherwise settle with other parties for purpose. Whenever requested by the Company, the or in the name of an Insured Claimant any claim insured Insured, at the Company's expense, shall give the against under this policy. In addition, the Company will Company all reasonable aid (i) in securing evidence, pay any costs, attorneys' fees, and expenses incurred by obtaining witnesses, prosecuting or defending the action or the Insured Claimant that were authorized by the proceeding, or effecting settlement, and (ii) in any other Company up to the time of payment and that the Company lawful act that in the opinion of the Company may be is obligated to pay; or necessary or desirable to establish the Title, or any other (ii)To pay or otherwise settle with the Insured matter as insured. If the Company is prejudiced by the Claimant the loss or damage provided for under this policy, failure of the Insured to furnish the required cooperation, together with any costs, attorneys' fees, and expenses the Company's obligations to the Insured under the policy incurred by the Insured Claimant that were authorized by shall terminate, including any liability or obligation to 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 the Company up to the time of payment and that the which the Insured has agreed, assumed, or taken subject, Company is obligated to pay. or which is executed by an Insured after Date of Policy and Upon the exercise by the Company of either of the which is a charge or lien on the Title, and the amount so options provided for in subsections (b)(i) or (ii), the paid shall be deemed a payment to the Insured under this Company's obligations to the Insured under this policy for policy. the claimed loss or damage, other than the payments 12. PAYMENT OF LOSS required to be made, shall terminate, including any liability When liability and the extent of loss or damage have or obligation to defend, prosecute, or continue any been definitely fixed in accordance with these Conditions, litigation. the payment shall be made within 30 days. 8. DETERMINATION AND EXTENT OF LIABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR This policy is a contract of indemnity against actual SETTLEMENT monetary loss or damage sustained or incurred by the (a) Whenever the Company shall have settled and paid Insured Claimant who has suffered loss or damage by a claim under this policy, it shall be subrogated and reason of matters insured against by this policy. entitled to the rights of the Insured Claimant in the Title (a) The extent of liability of the Company for loss or and all other rights and remedies in respect to the claim damage under this policy shall not exceed the lesser of that the Insured Claimant has against any person or (i) the Amount of Insurance; or property, to the extent of the amount of any loss, costs, (ii)the difference between the value of the Title as attorneys' fees, and expenses paid by the Company. If insured and the value of the Title subject to the risk requested by the Company, the Insured Claimant shall insured against by this policy. execute documents to evidence the transfer to the (b) If the Company pursues its rights under Section 5 Company of these rights and remedies. The Insured of these Conditions and is unsuccessful in establishing the Claimant shall permit the Company to sue, compromise, or Title, as insured, settle in the name of the Insured Claimant and to use the (i) the Amount of Insurance shall be increased by name of the Insured Claimant in any transaction or 10%, and, litigation involving these rights and remedies. (ii)the Insured Claimant shall have the right to have If a payment on account of a claim does not fully cover the loss or damage determined either as of the date the the loss of the Insured Claimant, the Company shall defer claim was made by the Insured Claimant or as of the date the exercise of its right to recover until after the Insured it is settled and paid. Claimant shall have recovered its loss. (c)In addition to the extent of liability under (a) and (b) The Company's right of subrogation includes the (b), the Company will also pay those costs, attorneys' rights of the Insured to indemnities, guaranties, other fees, and expenses incurred in accordance with Sections 5 policies of insurance, or bonds, notwithstanding any terms and 7 of these Conditions. or conditions contained in those instruments that address 9. LIMITATION OF LIABILITY subrogation rights. (a) If the Company establishes the Title, or removes 14. ARBITRATION the alleged defect, lien or encumbrance, or cures the lack Either the Company or the Insured may demand that of a right of access to or from the Land, or cures the claim the claim or controversy shall be submitted to arbitration of Unmarketable Title, all as insured, in a reasonably pursuant to the Title Insurance Arbitration Rules of the diligent manner by any method, including litigation and the American Land Title Association ("Rules"). Except as completion of any appeals, it shall have fully performed its provided in the Rules, there shall be no joinder or obligations with respect to that matter and shall not be consolidation with claims or controversies of other persons. liable for any loss or damage caused to the Insured. Arbitrable matters may include, but are not limited to, any (b) In the event of any litigation, including litigation by controversy or claim between the Company and the the Company or with the Company's consent, the Insured arising out of or relating to this policy, any service Company shall have no liability for loss or damage until in connection with its issuance or the breach of a policy there has been a final determination by a court of provision, or to any other controversy or claim arising out competent jurisdiction, and disposition of all appeals, of the transaction giving rise to this policy. All arbitrable adverse to the Title, as insured. matters when the Amount of Insurance is $2,000,000 or (c)The Company shall not be liable for loss or damage less shall be arbitrated at the option of either the Company to the Insured for liability voluntarily assumed by the or the Insured. All arbitrable matters when the Amount of Insured in settling any claim or suit without the prior Insurance is in excess of $2,000,000 shall be arbitrated written consent of the Company. only when agreed to by both the Company and the 10. REDUCTION OF INSURANCE; REDUCTION OR Insured. Arbitration pursuant to this policy and under the TERMINATION OF LIABILITY Rules shall be binding upon the parties. Judgment upon All payments under this policy, except payments made the award rendered by the Arbitrator(s) may be entered in for costs, attorneys' fees, and expenses, shall reduce the any court of competent jurisdiction. Amount of Insurance by the amount of the payment. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 11. ' LIABILITY NONCUMULATIVE ENTIRE CONTRACT The Amount of Insurance shall be reduced by any (a) This policy together with all endorsements, if any, amount the Company pays under any policy insuring a attached to it by the Company Is the entire policy and Mortgage to which exception is taken in Schedule B or to contract between the Insured and the Company. In 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 u Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 interpreting any provision of this policy, this policy shall be (a) Choice of Law: The Insured acknowledges the construed as a whole. Company has underwritten the risks covered by this policy (b) Any claim of loss or damage that arises out of the and determined the premium charged therefor in reliance status of the Title or by any action asserting such claim upon the law affecting interests in real property and ' shall be restricted to this policy. applicable to the interpretation, rights, remedies, or (c)Any amendment of or endorsement to this policy enforcement of policies of title insurance of the jurisdiction must be in writing and authenticated by an authorized where the Land is located. person, or expressly incorporated by Schedule A of this Therefore, the court or an arbitrator shall apply the law policy. of the jurisdiction where the Land is located to determine (d) Each endorsement to this policy issued at any time the validity of claims against the Title that are adverse to is made a part of this policy and is subject to all of its the Insured and to interpret and enforce the terms of this terms and provisions. Except as the endorsement policy. In neither case shall the court or arbitrator apply its expressly states, it does not (i) modify any of the terms conflicts of law principles to determine the applicable law. and provisions of the policy, (ii) modify any prior (b) Choice of Forum: Any litigation or other proceeding endorsement, (iii) extend the Date of Policy, or (iv) brought by the Insured against the Company must be filed increase the Amount of Insurance. only in a state or federal court within the United States of 16. SEVERABILITY America or its territories having appropriate jurisdiction. In the event any provision of this policy, in whole or in 18. NOTICES, WHERE SENT part, is held invalid or unenforceable under applicable law, Any notice of claim and any other notice or statement in the policy shall be deemed not to include that provision or writing required to be given to the Company under this such part held to be invalid, but all other provisions shall policy must be given to the Company at CHICAGO TITLE remain in full force and effect. INSURANCE COMPANY, Attn: Claims Department, P.O. 17. CHOICE OF LAW; FORUM Box 45023, Jacksonville, FL 32232-5023. C�- 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE it' At Fidelity National Financial,Inc,we respect and believe it is important to protect the privacy of consumers and our customers.This Privacy Notice explains how we collect, use, and protect any information that we collect from you,when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Tunes of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information about you, like your contact information from you via applications, forms, and information, address, demographic information, social security correspondence we receive from you and others related to our number (SSN), driver's license, passport, other government ID Transactions with you. When you visit our websites from your numbers and/or financial information. We may also receive computer or mobile device, we automatically collect and store browsing information from your Internet browser, computer certain information available to us through your Internet and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website applications. experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to you,to information to our affiliates and/or nonaffiliated parties improve our products and services, and to communicate with providing services for you or us,to law enforcement agencies or you about these products and services. We may also share your governmental authorities, as required by law, and to parties contact information with our affiliates for marketing purposes. whose interest in title must be determined. Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of information from children who are under the age of 13,and our certain disclosure or use of your information or choose to not website is not intended to attract children. Provide anv personal information to us. Privacy Outside the Website. We are not responsible for the International Users. By providing us with you information, privacy practices of third parties, even if our website links to you consent to its transfer, processing and storage outside of those parties'websites. your country of residence,as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases,their websites collect information on behalf of mortgage loan servicers.The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting Access and Correction; Contact Us.If you desire to contact us information to us or by using our website,you are accepting and regarding this notice or your information, please contact us at agreeing to the terms of this Privacy Notice. privacy a�,fnf.com or as directed at the end of this Privacy Notice. Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively,"FNF","our"or`eve")respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF,including Personal Information and Browsing Information collected through any FNF website,online service or application(collectively,the"Website"). Types ofInformation Collected other personal information needed from you to provide title We may collect two types of information from you: Personal insurance,real estate-and loan-related services to you. Information and Browsing Information. Browsing Information. FNF may collect the following categories Personal Information. FNF may collect the following categories of Browsing Information: of Personal Information: • Internet Protocol (or IP) address or device ID/UDID, protocol • contact information (e.g., name, address, phone number, email and sequence information; address); • browser language and type; • demographic information (e.g, date of birth, gender, marital • domain name system requests; status); • browsing history,such as time spent at a domain,time and date • social security number (SSN), driver's license, passport, and of your visit and number of clicks; other government ID numbers; • http headers,application client and server banners;and • financial account information;and • operating system and fingerprinting data. 1 Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. How Information is Collected connection with an investigation, or civil or criminal subpoena In the course of our business, we may collect Personal or court order; Information about you from the following sources: • to lenders, lien holders, judgment creditors, or other parties • applications or other forms we receive from you or your claiming an interest in title whose claim or interest must be authorized representative; determined,settled,paid,or released prior to closing;and • the correspondence you and others send to us; • other third parties for whom you have given us written • information we receive through the Website; authorization to disclose your Personal Information. • information about your transactions with,or services performed We may disclose Personal Information and/or Browsing by,us,our affiliates or nonaffiliated third parties;and Information when required by law or in the good-faith belief that • information from consumer or other reporting agencies and such disclosure is necessary to: public records maintained by governmental entities that we • comply with a legal process or applicable laws; obtain directly from those entities,our affiliates or others. • enforce this Privacy Notice; If you visit or use our Website, we may collect Browsing • investigate or respond to claims that any material, document, Information from you as follows: image, graphic, logo, design, audio, video or any other • Browser Loja Files.Our servers automatically log each visitor to information provided by you violates the rights of a third party; the Website and collect and record certain browsing or information about each visitor. The Browsing Information • protect the rights, property or personal safety of FNF, its users includes generic information and reveals nothing personal about or the public. the user. We maintain reasonable safeguards to keep your Personal • Cookies. When you visit our Website, a"cookie"may be sent Information secure.When we provide Personal Information to our to your computer.A cookie is a small piece of data that is sent affiliates or third party service providers as discussed in this to your Internet browser from a web server and stored on your Privacy Notice, we expect that these parties process such computer's hard drive. When you visit a website again, the information in compliance with our Privacy Notice or in a manner cookie allows the website to recognize your computer.Cookies that is in compliance with applicable privacy laws. The use of may store user preferences and other information. You can your information by a business partner may be subject to that choose whether or not to accept cookies by changing your party's own Privacy Notice. Unless permitted by law, we do not Internet browser settings, which may impair or limit some disclose information we collect from consumer or credit reporting functionality of the Website. agencies with our affiliates or others without your consent. Use of Collected Information We reserve the right to transfer your Personal Information, Information collected by FNF is used for three main purposes: Browsing Information, and any other information, in connection • To provide products and services to you or any affiliate or third with the sale or other disposition of all or part of the FNF business party who is obtaining services on your behalf or in connection and/or assets, or in the event of our bankruptcy, reorganization, with a transaction involving you. insolvency, receivership or an assignment for the benefit of • To improve our products and services. creditors. You expressly agree and consent to the use and/or • To communicate with you and to inform you about our, our transfer of the foregoing information in connection with any of the affiliates' and third parties' products and services, jointly or above described proceedings. We cannot and will not be independently. responsible for any breach of security by a third party or for any When information Is Disclosed actions of any third party that receives any of the information that We may provide your Personal Information (excluding is disclosed to us. information we receive from consumer or other credit reporting Choices With Your Information agencies) and Browsing Information to various individuals and Whether you submit Personal Information or Browsing companies, as permitted by law, without obtaining your prior Information to FNF is entirely up to you. If you decide not to authorization. Such laws do not allow consumers to restrict these submit Personal Information or Browsing Information, FNF may disclosures. Please see the section "Choices With Your Personal not be able to provide certain services or products to you. The Information"to learn how to limit the discretionary disclosure of uses of your Personal Information and/or Browsing Information your Personal Information and Browsing Information. that,by law,you cannot limit,include: • for our everyday business purposes — to process your Disclosures of your Personal Information may be made to the transactions, maintain your account(s), to respond to law following categories of affiliates and nonaffiliated third parties: enforcement or other governmental authority in connection • to third parties to provide you with services you have requested, with an investigation, or civil or criminal subpoenas or court and to enable us to detect or prevent criminal activity, fraud, orders,or report to credit bureaus; material misrepresentation,or nondisclosure; 0for our own marketing purposes; • to our affiliate financial service providers for their use to market • for joint marketing with financial companies;and their products or services to you; 0 for our affiliates' everyday business purposes — information • to nonaffiliated third party service providers who provide or about your transactions and experiences. perform services on our behalf and use the disclosed information You may choose to prevent FNF from disclosing or using your only in connection with such services; Personal Information and/or Browsing Information under the • to nonaffiliated third party service providers with whom we following circumstances("opt-out"): perform joint marketing,pursuant to an agreement with them to • for our affiliates' everyday business purposes —information market financial products or services to you; about your creditworthiness;and - • to law enforcement or other governmental authority in • for our affiliates to market to you. Effective May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. To the extent permitted above, you may opt-out of disclosure or servicer.In those instances,we may collect certain information on use of your Personal Information and Browsing Information by behalf of that mortgage loan servicer via the website. The notifying us by one of the methods at the end of this Privacy information which we may collect on behalf of the mortgage loan Notice. We do not share your personal information with non- servicer is as follows: affiliates for their direct marketing purposes. •first and last name; For California Residents: We will not share your Personal .property address; Information and Browsing Information with nonaffiliated third .user name and password; parties, except as permitted by California law. Currently, our .loan number; policy is that we do not recognize "do not track" requests from .social security number-masked upon entry; Internet browsers and similar devices. •email address; For Nevada Residents:You may be placed on our internal Do Not .three security questions and answers;and Call List by calling (888) 934-3354 or by contacting us via the •IP address. information set forth at the end of this Privacy Notice.Nevada law The information you submit through the website is then requires that we also provide you with the following contact transferred to your mortgage loan servicer by way of CCN. The information: Bureau of Consumer Protection, Office of the mortgage loan servicer is responsible for taking action or Nevada Attorney General,555 E.Washington St.,Suite 3900,Las making changes to any consumer information submitted Vegas, NV 89101; Phone number: (702) 486-3132; email: through this website. For example, if you believe that your BCPINFO@ag.state.nv.us. payment or user information is incorrect, you must contact For Oregon Residents: We will not share your Personal your mortgage loan servicer. Information and Browsing Information with nonaffiliated third CCN does not share consumer information with third parties, parties for marketing purposes, except after you have been other than (1) those with which the mortgage loan servicer has informed by us of such sharing and had an opportunity to indicate contracted to interface with the CCN application, or (2) law that you do not want a disclosure made for marketing purposes. enforcement or other governmental authority in connection with For Vermont Residents: We will not share your Personal an investigation, or civil or criminal subpoenas or court orders. Information and Browsing Information with nonaffiliated third All sections of this Privacy Notice apply to your interaction with parties, except as permitted by Vermont law, such as to process CCN, except for the sections titled "Choices with Your your transactions or to maintain your account.In addition,we will Information" and"Access and Correction"If you have questions not share information about your creditworthiness with our regarding the choices you have with regard to your personal affiliates except with your authorization. For joint marketing in information or how to access or correct your personal information, Vermont, we will only disclose your name, contact information you should contact your mortgage loan servicer. and information about your transactions. Your Consent To This Privacy Notice Information From Children By submitting Personal Information and/or Browsing Information The Website is meant for adults and is not intended or designed to to FNF,you consent to the collection and use of the information attract children under the age of thirteen (13).We do not collect by us in compliance with this Privacy Notice.Amendments to the Personal Information from any person that we know to be under Privacy Notice will be posted on the Website. Each time you the age of thirteen (13) without permission from a parent or provide information to us, or we receive information about you, guardian. By using the Website,you affirm that you are over the following any amendment of this Privacy Notice will signify your age of 13 and will abide by the terms of this Privacy Notice. assent to and acceptance of its revised terms for all previously Privacy Outside the Website collected information and information collected from you in the The Website may contain links to other websites.FNF is not and future. We may use comments, information or feedback that you cannot be responsible for the privacy practices or the content of submit to us in any manner that we may choose without notice or any of those other websites. compensation to you. International Users Accessing=and Correctin14 Information; Contact Us FNF's headquarters is located within the United States. If you If you have questions, would like to access or correct your reside outside the United States or are a citizen of the European Personal Information, or want to opt-out of information sharing Union, please note that we may transfer your Personal with our affiliates,for their marketing purposes,please send your Information and/or Browsing Information outside of your country requests to privacCcr,fnf.com or by mail or phone to: of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Fidelity National Financial,Inc. Personal Information and/or Browsing Information, you consent 601 Riverside Avenue to our collection and transfer of such information in accordance Jacksonville,Florida 32204 with this Privacy Notice. Attn:Chief Privacy Officer The California Online Privacy Protection Act (888)934-3354 For some FNF websites,such as the Customer CareNet("CCN"), FNF is acting as a third party service provider to a mortgage loan Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved () 1 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7203 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE MOTTO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)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.(4)CERTIFICATION • INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LJSTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CERTFlCATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)8 CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 400 Ostrander Avenue, Riverhead, New York 114101 tel. 631.'127.2303 fax. 631.727.0144 �0� \ admin®youngengineering.com le W*E 4 4 \IV - Howard N. Young, Land Surveyor Thomas 0. ineer ell \S / \ Douglas E. Ad ms, Professional Engineer -- Robert G. Tost, Architect Robert Stromskl, Architect \ 51 TE MATA 90 LOCUS / o /AREA = 1.125cl ACRE5 OR 75,510 5a. FT. 00 / ti �° 5 �y e� ,TC43 yo c \\ -- O �o0 2v o ,��.� \a Jed Vti of XO point of Beginning TIE IN d ��P�a / �Olt'�,�-° ,�o?' N. 213118.11 1384322.419 ALONG WESTERLY SIDE OF RIGHT OF NAY FROMI \ o� \ (NORTHERLY SIDE OF PEGONIG BAY BOULEVARD / `° \G0 • \ -\ �� I. N55°17'20"N 200.00' �G \ ' 2. N89021'25"N 58.86' 5. N52°22'50"N 141.52' \ 9 0 \ 4. N57°2517"N 55.41' \ - \ O 5. N46025'08"N 1257.45' /- O (ALON(5 LAND NOW OR FORMERLY JEFFRY HALLOCK) 6. N57026'58"E 490.27' / 02 AO 91 KEY MSP SCALE: 1"=600' \ \ Y6\ \�5� � '� �9h �o \a \tib° Nom CoA e 0 \\O ' of �o o \ 9\ �� SURVEYOR'S GERTI f I GA.TI ON d�%,,\,s \ 02(0 3t'o}�`o�T%coo 0 f�J * wE HEREBY CERTIFY TO C O U TY O F S U FFO LK, TOWN \ OF SOUTHOLD & CHICAGO TITLE INSURANCE 2 � � yj\• \ C O M PA NY THAT THIS SURVEY NAS PREPARED IN ACCORDANCE \ WITH THE CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY 041 G \ THE NEN YORK STATE A550CIATION OF PROFESSIONAL LAND s SURVEYORS- in `C Ar 441 01 0 15101 N \ \ \ HOWARD N. YOUNG, N.Y.5. L.5. NO. 45893 / 0 \ 5URYEY MAP OF PROPERTY REPUTEDLY OF HALLOCK HOLDING CORP. 1: SUFFOLK COUNTY NEW DRINKING �. JNATER PROTECTION - OPEN SPACE E at Laurel, Town of Southold Q. now or RIGHT OF WADY Suffo Ik County, New York ( U formerly SCALE: I"=10(:)' CERTIFIED 5URVEY n Capital Assetno now or former) now or former) w Or w Retirement Hallock Holdin y y now or formerly cp,tal SSerly noW County Tax Map District 1000 Section 127 61Ock 05 Lot 10.5 L_g Fund LLG Corp. g effry Hallock Capital Asset Retirement f=und LLC punOr a e 56`�°6\3� 1QCap tai q merly L Zr ,� — ?sa LC a�3 etlre _O FIELD SURVEY COMPLETED JUNE E 15, 201-T 26, 2017 ———— _------ —546_25'08"E ___________________ _ 1587.21' ______ 53 ° ment unct _ MAP PREPARED C Record of Revisions 0 r — ----------- 0 46°25'08E 133.90' � 260.541' ' L ° 0 984.48' o oo'F �G 53g°171 N- EARTH ROADWAY O u 2 N 13p 40' ——133.410—— ————— 260.59'————— �—______————— 41416.83 2Oo•3 RECORD OF REVISIONS DATE EARTH ADwAY 6 37 OI'4p" W -- N46°25'08"N ------------ 1591.53' --------------------- -511 Y� j�`. / N38°17��"O � �N AMENDED GERTIFIGATIONS MAR n�i_2018 026 � ,a, -nod- 'ON or IpN po.00 30-py An Marleormerly McVeigh n o BRUS S (:,PEEK � now or foGrampeltralyl 50 O s25ale: 50 LI = soL 100 150 GR K °'P Tris tate CREEK -Ip Holdin s LLC, JOB NO. 2017-0096.4 DWG. 2017_0096_PGL4 I OF I O= MONUMENT 5ET ■= MONUMENT FOUND = 5TAKE 5ET 0= STAKE FOUND ' SCTM #1000-127.-8-17.3 2445 Great Peconic Bay Boulevard Laurel, New York CAPITAL ASSET RETIREMENT FUND, LLC to COUNTY OF SUFFOLK & TOWN OF SOUTHOLD Deed dated April 20, 2018 Recorded August 22, 2018 in the office of the Suffolk County Clerk Liber D00012974, Page 979 Title Insurance Policy #7230632-213787765 issued by Chicago Title Insurance Company Title No. 18-38-0150-11068 Dated April 20, 2018 In the insured amount of $900)000.00 Survey Prepared by Young & Young Last dated March 9, 2018 Job No. 2017-0096.2 o CC#: C18-37497 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 08122/2018 under Liber D00012974 and Page 979 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 08/22/2018 SUFFOLK COUNTY CLERK JUDITH A.PASCALE lfllECEEB SEAL AUG 2 4 2018 DEPT.OF LAND PRESERVATION r, IIIII{I 1111 IIIII IIIII IIIII IIIII IIIII IIIII 1111)1111 Illi I I�1[[1[Ill![IIII 1111{Ill .SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 08/22/2018 Number of Pages : 8 At: 11:27 :55 AM Receipt Number : 18--0156678 TRANSFER TAX NUMBER: 18-02357 LIBER: D00012974 PAGE: 979 District: Section: Block: Lot: 1000 127 .00 08 .00 017.003 ' EXAMINED AND CHARGED AS FOLLOWS - Deed Amount: $900,000. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0 .00 YES Handling $0 .00 YES COE $0 . 00 YES NYS SRCHG $0.00 YES EA-CTX $0.00 YES EA-STATE $0.00 YES TP-584 $0.00 YES Notation $0.00 YES Cert.Copies $0.00 YES RPT $0.00 YES Transfer tax $0.00 YES Comm.Pres $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 18-02357 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County i = 1❑ Number ofa es ` p g RECORDED ' 2018 Aug 23 11;27;55 AM l JUDITH A. PASCALE This document-will be public CLERK OF .record. Please.remove<all- SUFFOLK COUNT; L D00012974 . Social Secultity.Numbers P 579 prior to,recording. OT# 18-02357 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 7� C0 2. Additional Tax TP-584 S — Sub Total Notation Spec•/Assit. _ or EA-5217(County) 5 _ Sub Total� Spec./Add. EA-5217(State) r TOT.MTG.TAX Dual Town Dual County _ R.P.T.SA. ( 0 Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit + ' Mansion Tax. b — The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 0005 — family dwelling only. / Sub Total YES or NO ✓ Other _ Grand Total JC/VJ P Y/1 I` If NO,see appropriate tax clause on page# of this instru ent. _ ZZ_ 4 Disi. 180279731000 12700 0800 017003 ry 5 Community Preservation Fund Real Property p T S II18IIIIWIConsideration Amount$• LfOd¢ Tax Service R Lpp R 1nl IIg11I . Agency 2�-,wo-� CPF Taut Due Verification 6 Satisfactions/Discbarges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: �L�n^ca s Vacant Land, SUFFOLKCOUNTY /n DIV.0FREALPROPERIYACQUISITTON TD 10 AIMUMAGEMMT 1EL LBMDEI4I�IISONWZG._2ndFLOOR TD >,1o6VETERAN mmdokIALM(Mw" P.O.BOX 6100 TD .•HAUPPAU(iB„NY11788-0099 Mail to:Judith A.Pascale, Suffolk County Clerk 7 Title Compan Information 310 Center Drive, Riverhead, NY 11901 Co.Name 7/2 wwwsuffolkcountyny.gov/clerk Title# g 1 Suffolk Countv Recordiniz & Endorsement PaLye This page forms art of the tached I/ � made by: (SPECIFY TYPE OF INSTRUMENT) fse e-7�/ ✓��fhe premises herein is situated in SUFFOLK COUNTY,NEW YORK T In the TOWN of So Jv Z o/ v� f!y� In the VILLAGE Sod�/ o/W 4S or HAMLET of BOXES 6 AMU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) SUFFOLK COUNTY BARGAIN AND SALE DEED WITH COVENANTS THIS INDENTURE, made the 20th day of April, 2018. BETWEEN Capital Asset Retirement Fund, LLC, with an address at 35 Marion Circle, Wading River, New York 11792, party of the first part, -------- AND the COUNTY OF SUFFOLK, a municipal corporation of the DISTRICT State of New York, having its principal office at the Suffolk 1000 County Center, Center Drive, Riverhead, New York 11901, which -------- will acquire a seventy nine percent (790) undivided interest in SECTION and to the parcel, and the TOWN OF SOUTHOLD, a municipal 127.00 corporation, with principal offices at 53095 Route 25, P.O. Box --- 1179, Southold, New York 11971, which will acquire the BLOCK remaining twenty one percent (21%) undivided interest in and to 08.00 the parcel, as tenants-in-common, hereafter described -------- individually, or as the parties of the second part, LOT 017.003 WITNESSETH, that the party of the first part, in consideration of NINE HUNDRED THOUSAND and 00/100 DOLLARS ($900,000.00) and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto as Schedule "A" and made a part hereof) : THIS DEED is given in accordance with Article XII of the Suffolk County Charter, as amended and effective December 1, 2007 and pursuant to Suffolk County Charter Article XII, Suffolk County Drinking Water Protection Program, as amended and effective as of November 30, 2000 and Resolution No. 877-2005, Resolution No. 248-2015, Resolution No. 105-2017 and Town of Southold Resolution No. 791-2016, all on file with the Clerk of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to the party of the first part herein from John P. Meyerricks, Jr., Sheriff, by deed dated August 22, 2010 and recorded August 24, 2011, in the office of the Clerk of the County of Suffolk in Liber 12669, page 325 and corrected by deed recorded in Liber 12676, page 650, and by deed from William Ferris, III, Esq. , referee dated September 28, 2012 and recorded October 18, 2012 in Liber 12708, page 886. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with all right, title and interest, if any, that the party of the first part has in and to any strips and gores between the above described parcel and adjoining owners. TOGETHER with all right, title and interest of the party of the first part in and to all streets and roads abutting the above described premises to the center lines thereof, and the ponds, marshes, rivers, lakes, creeks, waters, and lands under water located in, upon or adjoining the above described premises, and all littoral, riparian and shore rights in any way pertaining or belonging thereto. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; ' TOGETHER with all other rights heretofore conferred by Seller, and subject to federal, state and local law., party of the second part may undertake, at its own expense or on a cost- share basis with any other entity, any activities (including subsurface infiltration and stormwater water quality treatment best management practices) to restore, protect, manage, and maintain the premises, or enhance its natural values. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND as set forth in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of said chapters shall not be alienated, except upon the affirmative vote of a majority of the ' Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of fee title acquired by the Town prior to any such amendment. This covenant shall run the land in perpetuity. AND the party of the second part, in accordance with Chapter XII of the Suffolk County Charter, as amended and effective December 1, 2007, including but not limited to § C12- 2(A) (2) (c) thereof, and Suffolk County Resolution No. 412-2005, severs herewith TWO(2) Workforce Housing Development Right(s) ("WHDR(s)") from the aforestated piece or parcel of land. AND the following paragraph shall constitute a covenant and restriction which shall run with the land in perpetuity: This aforestated piece or parcel was purchased using funds in accordance with the Suffolk County Drinking Water Protection Program, as amended and effective December 1, 2007 (Chapter XII of the Suffolk County Charter) , and Suffolk County Resolution . No. 412-2005, for the Transfer of Development Rights Program, which WHDR(s) were severed for workforce housing purposes, and this piece or parcel is deemed permanently sterilized and must remain as open space in the Suffolk County inventory. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 4 ' Capital Asset Retirement Fund, LLC 1 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On this -o?16 day of �� l in the ear 20 8, before me, the undersigned, personale y appeared [Ji%Ji p.,, joa/�c� personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WENDY1,::=ust31.2021 t� NOTARY PUBLIC,STA Registration No. No r Public: State of New York Oualified in Su Commisslon Expires BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 127.00 GRANTOR'S ACT BLOCK 08.00 TITLE NO. 18-38-0150-11068 LOT 017.003 CAPITAL ASSET RETIREMENT FUND, LLC TO COUNTY OF SUFFOLK AS TO 790 UNDIVIDED INTEREST AND TOWN OF SOUTHOLD AS TO 21% UNDIVIDED INTEREST RECORD & RETURN TO: PHYLLIS J. BENINCASA Dept. of Economic Development and Planning Div. of Real Property Acquisition and Management H. Lee Dennison Bldg. , 2nd Floor P.O. Box 6100 Hauppauge, NY 11787 • - ABSTRACTS, INCORF'ORATEO"" Rasidantial 6-Ccmmarciai mzla inauranca since 1 984 as agentfor Chicago Title Insurance Company SCHEDULE A DESCRIPTION AMENDED 4/1612018 Title Number:18-38-0150-11068 Page: 1 SURVEYOR'S DESCRIPTION: ALL that certain plot,piece or parcel of land,situate,lying and being at Laurel,Town of Southold, County of Suffolk and State of new York,bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the intersection of the westerly side of a certain right of way; RUNNING THENCE from said point of beginning along land now or formerly Anne Marie McVeigh the following two(2)courses and distances: 1. North 38 degrees 17 minutes 20 seconds West 200.00 feet to a monument found; 2. South 39 degrees 22 minutes 10 seconds West 90.00 feet to land now or formerly Tristate Capital Holdings LLC; THENCE along land now or formerly Tristate Capital Holdings LLC the following two(2)courses and distances: 1. North 38 degrees 17 minutes 20 seconds West 173.30 feet; 2. South 51 degrees 26 minutes 40 seconds West 72.08 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following eleven(11) tie-line courses and distances: ' 1. North 40 degrees 05 minutes 31 seconds West 10.02 feet; 2. North 41 degrees 51 minutes 15 seconds West 148.64 feet; 3. North 38 degrees 13 minutes 10 seconds West 93.58 feet; 4. North 46 degrees 39 minutes 17 seconds West 124.92 feet; 5. North 48 degrees 07 minutes 37 seconds West 150.89 feet, 6. North 42 degrees 04 minutes 56 seconds West 94.29 feet, 7. North 50 degrees 46 minutes 50 seconds West 118.59 feet; 8. North 56 degrees 44 minutes 12 seconds West 145.61 feet; 9. North 68 degrees 01 minutes 15 seconds West 85.72 feet; 10. North 50 degrees 26 minutes 07 seconds West 91.70 feet; 11.North 35 degrees 12 minutes 42 seconds West 42.89 feet to land now or formerly Jeffry Hallock; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Jeffry Hallock 591.17 feet to land now or formerly Half Hollow Nursery Realty Corp.; ABSTRACTS, IIVCORPORATE1:D— Rasidantial 6.Commercial Titla Inauranca since 1 9B4 as agent for Chicago Title Insm'ance Company SCHEDULE A DESCRIPTION AMENDED 411612018 Title Number:18-38-0160-11068 Page: 2 THENCE South 33 degrees 02 minutes 23 seconds East along land now or formerly Half Hollow Nursery Realty Corp.905.68 feet to a monument found and land now or formerly Philippe A.Millen and Pamela J.Millen Trust; THENCE South 32 degrees 22 minutes 30 seconds East along land now or formerly Philippe A. Millen&Pamela J.Millen Trust 50.59 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE along land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses and distances: 1. South 57 degrees 37 minutes 30 seconds West 150.00 feet; 2. South 32 degrees 22 minutes 30 seconds East 150.00 feet; 3. South 82 degrees 22 minutes 00 seconds East 94.00 feet; 4. North 57 degrees 37 minutes 30 seconds East 78.00 feet to land now or formerly Robert R. Johnson and Margaret A.Feeney, THENCE South 32 degrees 22 minutes 30 seconds East along land now or formerly Robert R. Johnson and Margaret A.Feeney and along land now or formerly Ellen M.Branstein Living Trust 189.58 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 110.61 feet to the monument found at the point or place of beginning; CONTAINING an area of 10.6909 acres or 465,697 square feet. TOGETHER with and subject to a certain Right of Way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 2. North 32 degrees 22 minutes 30 seconds West 141 32 feet; 3. North 57 degrees 22 minutes 17 seconds West 55.41 feet; 4. North 46 degrees 25 minutes 08 seconds West 996.83 feet to land now or formerly Jeffry Hailock; • ABSTRACTS, INCORPORATED"'" i � ' Residential 6 Commercial Titles Insurance since'i SH4 as agent for Chicago Title Insurance Company SCHEDULE A DESCRIPTION AMENDED 4/1612018 Title Number:18-38-0150-11068 Page: 3 THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Hallock Holding Corp, THENCE North 46 degrees 25 minutes 08 seconds West through land now or formerly Hallock Holding Corp.133.90 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE North 37 degrees 01 minutes 40 seconds West through land now or formerly Capital Asset Retirement Fund LLC 130.40 feet to land now or formerly Tristate Capital Holdings LLC; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Tristate Capital holdings LLC 50.15 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) ' courses and distances. 1.. South 37 degrees 01 minutes 40 seconds East 122.38 feet; 2. South 46 degree 25 minutes 08 seconds East 8.24 feet to land now or formerly Hallock Holding Corp.; THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Hallock Holding Corp. 133.90 feet to land now or formerly Jeffry Hallock- THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Jeffry Hallock 260.59 feet to land now or formerly Capital Asset Retirement Fund LLC; ' THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE South 32 degrees 22 minutes 30 seconds East along other land now or formerly Capital Asset Retirement Fund LLC 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: 1. South 64 degrees 31 minutes 35 seconds East 91.36 feet; 2. South 38 degrees 17 minutes 20 seconds East 200 36 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of beginning; ABSTRACTS, INCORPORATE"" Rasid—rial 6 Commercial Tltl®Insurance slnco 'I 564 1 as agentjor Chicago Title Insurance Company SCHEDULE A DESCRIPTION AMENDED 4/16/2018 Title Number:18-38-0160-11068 Page: 4 SUBJECT to a certain right of way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three(3) courses and distacnes: 1. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 2. North 32 degrees 22 minutes 30 seconds West 53.65 feet; 3. North 57 degrees 37 minutes 30 seconds East 25.00 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE along other land now or formerly Capital Asset Retirement Fund LLC the following two (2)courses and distances: 1. South 82 degrees 22 minutes 00 seconds East 94.00 feet; 2. North 57 degrees 37 minutes 30 seconds East 30.87 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three(3) courses and distances: 1 South 38 degrees 17 minutes 20 seconds East 50.00 feet; 2. South 57 degrees 37 minutes 30 seconds West 56.00 feet; 3. South 38 degrees 17 minutes 20 seconds East 167.37 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of BEGINNING. Policy No.: 2160-1-18-38-0150-11068-2018.7230632-213787765 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section IS of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE encroachments of existing improvements EXCEPTIONS FROM COVERAGE CONTAINED IN located on the Land onto adjoining land, and SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE encroachments onto the Land of existing INSURANCE COMPANY, a Florida corporation, (the improvements located on adjoining land. "Company") insures as of Date of Policy and, to the 3. Unmarketable Title. extent stated in Covered Risks 9 and 10, after Date of 4. No right of access to and from the Land. Policy, against loss or damage, not exceeding the 5. The violation or enforcement of any law, Amount of Insurance, sustained or incurred by the ordinance, permit, or governmental regulation Insured by reason of: (including those relating to building and zoning) 1. Title being vested other than as stated in restricting, regulating, prohibiting, or relating to Schedule A. (a) the occupancy, use, or enjoyment of the 2. Any defect in or lien or encumbrance on the Land; Title. This Covered Risk includes but is not (b) the character, dimensions, or location of any limited to insurance against loss from improvement erected on the Land; (a) A defect in the Title caused by (c) the subdivision of land; or (i) forgery, fraud, undue influence, duress, (d) environmental protection ' incompetency, incapacity, or if a notice, describing any part of the Land, is impersonation; recorded in the Public Records setting forth the ii .failure of an violation or intention to enforce, but only to the (') y person or Entity c have extent of the violation or enforcement referred authorized a transfer or conveyance; to in that notice. (iii)a document affecting Title not properly created, executed, witnessed, sealed, 6. An enforcement action based on the exercise of acknowledged, notarized, or delivered; a governmental police power not covered by Covered Risk 5 if a notice of the enforcement (iv)failure to perform those acts necessary action, describing any part of the Land, is m create a document by electronic recorded in the Public Records, but only to the means authorized by law; (v) a document executed under a falsified, extent of the notice. enforcement referred to in that - expired, or otherwise invalid power of attorney; 7. The exercise of the rights of eminent domain if a (vi)a document not properly filed, recorded, notice of the exercise, describing any part of the or indexed in the Public Records Land, is recorded in the Public Records. including failure to perform those acts by 8• Any taking by a governmental body that has electronic means authorized by law; or occurred and is binding on the rights of a (vii) a defective judicial or administrative purchaser for value without Knowledge. proceeding. 9. Title being vested other than as stated Schedule (b) The lien of real estate taxes or assessments A or being defective imposed on the Title by a governmental (a) as a result of the avoidance in whole or in authority due or payable, but unpaid. part, or from a court order providing an (c) Any encroachment, encumbrance, violation, alternative remedy, of a transfer of all or variation, or adverse circumstance affecting any part of the title to or any interest in the the Title that would be disclosed by an Land occurring prior to the transaction accurate and complete land survey of the vesting Title as shown in Schedule A Land. The term "encroachment" includes because that prior transfer constituted a fraudulent or preferential transfer under 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 Nov~ Copyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 federal bankruptcy, state insolvency, or 10. Any defect in or lien or encumbrance on the Title similar creditors'rights laws; or or other matter included in Covered Risks 1 (b) because the instrument of transfer vesting through 9 that has been created or attached or Title as shown in Schedule A constitutes a has been filed or recorded in the Public Records preferential transfer under federal subsequent to Date of Policy and prior to the bankruptcy, state insolvency, or similar recording of the deed or other instrument of creditors' rights laws by reason of the failure transfer in the Public Records that vests Title as of its recording in the Public Records shown in Schedule A. , (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Countersigned: CHICAGO TITLE INSURANCE COMPANY By: � rr Authorized Officer or A ent •SL Abstracts, Incorporated 100 Garden City Plaza, Ste 201 i'' ' President Garden City, NY 11530 Te1:516-683-1000 Fax:516-683-0089 Attest: Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the 3. Defects, liens, encumbrances, adverse claims, or coverage of this policy, and the Company will not pay other matters: loss or damage, costs, attorneys'fees, or expenses that (a) created, suffered, assumed, or agreed to by the arise by reason of: Insured Claimant; 1. (a) Any law, ordinance, permit, or governmental (b) not Known to the Company, not recorded in the regulation (including those relating to building Public Records at Date of Policy, but Known to and zoning) restricting, regulating, prohibiting, the Insured Claimant and not disclosed in writing or relating to to the Company by the Insured Claimant prior to (i) the occupancy, use, or enjoyment of the the date the Insured Claimant became an Land; Insured under this policy; (ii) the character, dimensions or location of any (c) resulting in no loss or damage to the Insured improvement erected on the Land; Claimant; (iii)the subdivision.of land; or (d) attaching or created subsequent to Date of (iv)environmental protection; Policy (however, this does not modify or limit or the effect of .any violation of these laws, the coverage provided under Covered Risk 9 and ordinances, or governmental regulations. This 10); or Exclusion 1(a) does not modify or limit the (e) resulting in loss or damage that would not have coverage provided under Covered Risk S. been sustained if the Insured Claimant had paid (b) Any governmental police power. This Exclusion value for the Title. 1(b) does not modify or limit the coverage 4. Any claim, by reason of the operation of federal provided under Covered Risk 6. bankruptcy, state insolvency, or similar creditors' 2. Rights of eminent domain. This Exclusion does not rights laws, that the transaction vesting the Title as modify or limit the coverage provided under Covered shown in Schedule A, is Risk 7 or 8. 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 6 Chicago Title Insurance Company AMERICANLAND TITLE ASSOCIATION OWNERS POLICY(6-17-2006) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Policy No. 7230632-213787765 Title Number Effective Date Amount of Insurance 18-38-0150-11068 4/20/2018 $900,000.00 L Name of Insured: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested by: County of Suffolk as to 79% Interest and Town of Southold as to 21% Interest who acquired title by deed from Capital Asset Retirement Fund, LLC dated 4/20/2018 and to be recorded in the Office of the Clerk of the County of Suffolk. f 4. The land referred to in this Policy is described herein on Schedule A Description of Premises. For Information: Premises known as: 2445 Great Peconic Bay Blvd, Southold,NY 11971 Authorized Si atony SCHEDULE A A.L.T.A 2006 OWNERS POLICY 40 `Y.7� Z7,'•.�' �tL,-4'c:3�� sr.,.�^x`. 3y�Ta•.:.S3.�xv';,,.yxT-i: :., t.«.^^ ."a'x^- 9 i` Kt' _ `_'i: _ c `..i'.i3'�_^s_ .w,., �- �C'^':t'*'�:r..x"r+.-c='cx -'r."'.„`- 'r,.:7,t`�':•`+.ii','C:��-°�' S ..ice -'�w�.�.`^rY..�"'(m' .?"%�'}'�� '�'� - `.=_ .v,�� �:'tyt��,f.Pr::-�',:si,Y`-n'`rLib.;33 i�;,�`..•..r.,r..^s-+rN,.s',...w.e rn'`k..:�n• •,...,�+,.�7'�� �Y��'C'..^'. .»-.r7"m Y.: Y�^'fZ55'C{«. �1y',�h�»v'}J2, �r;�A. .+t:'4'p.',�'R.r:�. .. �'FW.',��4,. .3'.i'F'hi"..�t"`- .1'r�.,'""L•�.".,r 9.2^_U< :?1 • '`.a�i.."{.1Z�'u.ti: �aP.x'b,i:OR`_:`l Sl�?''+`"�'Y`•H^'�'.,k.•s��r zr'J�F%'>'SSTyii3 ti+e'yk'n..0 +5.. s'`',,.,` k .t t LSV'rw>�.r:-�••Fx j'4 ..c...p.�..�y�riF,::�'-` �j.�i3tl",+,�`'°�,t�', "` „-r;^-.��.3.•.... _;;�="� � .+.r��t-.rr.�Y�+`1S-,§`�'.T'�,^�_T�.*� �"1^y'tlw'a"""T-+'. r" -,- xis.-_t"z_. .y.zrr• .`. `' ..�-, SCHEDULE A DESCRI[PTION AMENDED 4/16/2018 Title Number: 1 8-38-01 513-1 1 068 Page: 1 SURVEYOR'S DESCRIPTION: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of new York, bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the intersection of the westerly side of a certain right of way; RUNNING THENCE from said point of beginning along land now or formerly Anne Marie McVeigh the following two (2) courses and distances: 1. North 38 degrees 17 minutes 20 seconds West 200.00 feet to a monument found; 2. South 39 degrees 22 minutes 10 seconds West 90.00 feet to land now or formerly Tristate Capital Holdings LLC; THENCE along land now or formerly Tristate Capital Holdings LLC the following two (2) courses and distances: 1. North 38 degrees 17 minutes 20 seconds West 173.30 feet; 2. South 51 degrees 26 minutes 40 seconds West 72.08 feet to the approximate mean high water mark of Brushes Creek; THENCE along the approximate mean high water mark of Brushes Creek the following eleven (11) tie-line courses and distances: 1. North 40 degrees 05 minutes 31 seconds West 10.02 feet; 2. North 41 degrees 51 minutes 15 seconds West 148.64 feet; 3. North 38 degrees 13 minutes 10 seconds West 93.58 feet; 4. North 46 degrees 39 minutes 17 seconds West 124.92 feet; 5. North 48 degrees 07 minutes 37 seconds West 150.89 feet; 6. North 42 degrees 04 minutes 56 seconds West 94.29 feet; 7. North 50 degrees 46 minutes 50 seconds West 118.59 feet; 8. North 56 degrees 44 minutes 12 seconds West 145.61 feet; 9. North 68 degrees 01 minutes 15 seconds West 85.72 feet; 10. North 50 degrees 26 minutes 07 seconds West 91.70 feet; 11. North 35 degrees 12 minutes 42 seconds West 42.89 feet to land now or formerly Jeffry Hallock; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Jeffry Hallock 591.17 feet to land now or formerly Half Hollow Nursery Realty Corp.; _yt .. 1011" -Fh''=''�o T -�'-'�r-'�w `''""'_'4' '' `u_: -1 �.t F.1' zk 's:. .fie a, 'v;. ice" ti•.-..�.' .F+r.. .ayA •'3" '"' i +s��µ '=yrs��r�'''�� �' 4+,r �.�;�='.. Y .Y.is• 's�:'_ "%tU.;.t�::k.' 3r"..,'` -""? .�9.�:ta'�Y"�. w3t�'„' '"` a„i�..^.' ?�k�;r - '-Y.^-YT: '- -- ". .�:�i 3 «'1�. =:"j: � .:"F1.0 Y�``t..''�".5.• �s.:"w �vi - _ SCHEDULE A DESCRI[PTION AMENDED 4/16/2018 Title Number: 18-38-0150-11068 Page: 2 THENCE South 33 degrees 02 minutes 23 seconds East along land now or formerly Half Hollow Nursery Realty Corp. 905.68 feet to a monument found and land now or formerly Philippe A. Millen and Pamela J. Millen Trust; THENCE South 32 degrees 22 minutes 30 seconds East along land now or formerly Philippe A. Millen & Pamela J. Millen Trust 50.59 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE along land now or formerly Capital Asset Retirement Fund LLC the following four (4) courses and distances: 1. South 57 degrees 37 minutes 30 seconds West 150.00 feet; 2. South 32 degrees 22 minutes 30 seconds East 150.00 feet; 3. South 82 degrees 22 minutes 00 seconds East 94.00 feet; 4. North 57 degrees 37 minutes 30 seconds East 78.00 feet to land now or formerly Robert R. Johnson and Margaret A. Feeney; THENCE South 32 degrees 22 minutes 30 seconds East along land now or formerly Robert R. Johnson and Margaret A. Feeney and along land now or formerly Ellen M. Branstein Living Trust 189.58 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 110.61 feet to the monument found at the point or place of beginning; CONTAINING an area of 10.6909 acres or 465,697 square feet. TOGETHER with and subject to a certain Right of Way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 2. North 32 degrees 22 minutes 30 seconds West 141.32 feet; 3. North 57 degrees 22 minutes 17 seconds West 55.41 feet; 4. North 46 degrees 25 minutes 08 seconds West 996.83 feet to land now or formerly Jeffry Hallock; 4 551. Alf AMENDED 4/16/2018 T-Tffe Number: Page: 3 THENCE North 46 degrees 25m�utes 08 seconds West� throughlandnow or fo ���� Ha|loch2GO.59feet toland nom/orfonner� Ha/lookHolding Cnrn.; formerly —` THENCE North 46 degrees 25 minutes 08 seconds West through land now orformerly Ha|kock Holding Corp. 133.90feet to land now or formerly Capital Asset Retirement Fund LLC; ' THENCE North 37degrees O1minutes 4Oseconds West through land now orfonnedv �ap�e! "=setneu/oonenzFundLLC13O.4Ofeotto |andnnvvorfonnedyThototeCopita| Mo|d�' LLC; ; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Tristate Capital holdings LLC 50.15 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE through land �ovvorfonnedCapital ^"".==suu/saanceo: `-' 1. South 37 degrees 01 minutes 40 seconds East 122.38 feet; 2. 8ouUl4Odognee25minutesO0aeoondsEamtO24 —'~ ^e1b� land HaUookHo|ding Corp.;orp�� ' y ` THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly HaUock _ no/omgCorp. 133'8Ofeet toland now orformerly Jeffry HaUooh; THENCE South 4Odegrees 25minutes O8seconds East through land novvovfo dv HaUook28O.59feet 10land noxvorformedy (�apito|Asset Fls�inarnentFund (�;nno�` Jefhy THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE South 32degrees 22minWtea3OoecondmEoata/onQcthor!andnoxxorforDadyCap/te( Asset Retirement Fund LLC lbV.UOfeet toopoint; THENCE through land :now orformerly Capital Asset Retirement Fund LLC the foU � courses and distances following � 1. South 64degrees 31 minutes 35seconds East 91.36foet' 2. South 38degrees 17minutes 2Oseconds East 2O .3Ofeet` tothe northerly side ofP i Bay Boulevard; econo � THENCE South 39degrees 22[ninuteo1Oseconds West along the northedxaidaofPe�o ic8 Boulevard 25'59 feet tothe monument found at the point or place ofbeg/nm�' n ay nmQ� ^ \ ' ___ gap Page: 4 SUBJECT toacertain rightofvvayboundedanddescnbedasfuDowo: ` BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner ufland now orformerly Anne Marie McVaigh, THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three (3) courses and diotaonao: 1. North BSdegrees 21minutes 23seconds West 58.8Ofeet; 2. North 32degrees 22minutes 3Dseconds West 53.85feet; . 3. North 57degrees 37minutes 3Oseconds East 25.00feet toother land now orformerly Capital Asset F<etinarneDt Fund LLC; THENCE along other land now or formerly Capital Asset Retirement Fund LLC the following two (2) courses and distances: � 1. South 82degrees 22minutes O0seconds East S4.00feet; 2. North 57degrees 37minutes 3Oseconds East 3O.87feet toopoint; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three (3) courses and distances: 1' South 38degrees 17minutes 2Oseconds East 5O.DOfeet; 2. South 57degrees 37minutes 3Oseconds West 58.00feet; 3. South 38 degrees 17 minutes 20 seconds East 167.37 feet to the northerly side of Peconic Boy Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25.59 feet to the monument found at the point or place of BEGINNING. Chicago Title Insurance Company Policy No 7230632-213787765 Title No 18-38-0150-11068 ' SCHEDULE B Showing defects, liens, encumbrances and other matters against which the Company does not, by this Policy, insure: 1. Rights and Easement in Liber 2358 page 448. 2. Rights and (2) Fifty Foot Rights of Way(s) in Liber 5242 page 557 and other deeds. 3. Right of Ways in Liber 11320 page 304. 4. Except rights and easements of others to drain through or otherwise use BRUSHES CREEK abutting or running through the premises herein, but the policy does not insure that the owner of the premises herein has any right to drain through or otherwise use BRUSHES CREEK across adjacent land. 5. No title will be insured to any land now or formerly lying in the bed of BRUSHES CREEK, its arms, branches or tributaries by whatever name called. 6. Subject to the natural and unobstructed flow of BRUSHES CREEK across premises. 7. Variations between tax lot and lines of record title. ' 8. Declaration of Easement in Liber 12950 page 386. 9. Survey must delineate Easement in Liber 12950 page 386. 10. The area shown on the survey as "WETLANDS" is subject to the New York Tidal Wetlands Acts and the use thereof must be approved by the Department of Environmental Conservation of the State of New York. SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company Policy No 7230632-213787765 Title No 18-38-0150-11068 SCHEDULE B 11. Survey by Young and Young, Land Surveyor dated 6/13/2017, revised 3/4/2018 for Right of Way only, shows vacant land with no encroachments or variations except the following: 1. Woods on most of premises. 2. Hedges lie east of easterly lot line by grass roadway. 3. Right-of-way with Earth Roadway over westerly part of premises as set forth in description herein. 4. Landward limit of Tidal Wetlands over westerly portion of premises. 5. High water mark of Brushes Creek at westerly part of premises. 6. Right of Way over portion of premises as set forth in description herein and Liber 12950 page 386. 7. Fence varies with part of easterly lot line. 8. Pine trees and hedge vary with part of westerly lot line. NO OTHER CHANGES. SUBJECT TO ANY STATE OF FACTS AN ACCURATE SURVEY MIGHT SHOW SINCE THE DATE ' OF THE ABOVE SURVEY. 12. All water charges plus interest and penalties, if any. SCHEDULE B A.L.T.A 2006 OWNERS POLICY Chicago Title Insurance Company ALTA ENDORSEMENT FORM 39-06 TIRSA Policy Authentication Title No. 18-38-0150-11068 Attached to and made a part of Policy No. 7230632-213787765 When the policy is issued by the Company with a policy number and Date of Policy,the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the conditions this endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED: 4/20/2018 Chicago Title Insurance Company I . By Authorized Signatory Page 1 of 1 TP-SENY-708.01 ALTA 39-06 Policy Authentication Endorsement(6/26/2016) Chicago Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Title No. 18-38-0150-11068 Attached to and made a part of Policy No. 7230632-213787765 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. ' IN WITNESS WHEREOF,the Company has caused this Endorsement to be signed by an authorized officer of the Company on its date of issue set forth below. DATED:4/20/2018 Chicago Title Insurance Company By Auth zed Signatory TP-SENY-034.01 Standard New York Endorsement(7/1/2012) For Use With ALTA Owner's Policy(6/17/2006) (a) a fraudulent conveyance or fraudulent transfer; and created or attaching between Date of Policy and or the date of recording of the deed or other (b) a preferential transfer for any reason not stated instrument of transfer in the Public Records that in Covered Risk 9 of this policy. vests Title as shown in Schedule A. I5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority CONDITIONS 1. DEFINITION OF TERMS roads, avenues, alleys, lanes, ways or waterways, but this The following terms when used in this policy mean: does not modify or limit the extent that a right of access to (a) "Amount of Insurance": The amount stated in and from the Land is insured by this policy. Schedule A, as may be increased or decreased by (h) "Mortgage": Mortgage, deed of trust, trust deed, or endorsement to this policy, increased by Section 8(b), or other security instrument, including one evidenced by decreased by Sections 10 and 11 of these Conditions. electronic means authorized by law. (b) "Date of Policy": The date designated as 'Date of (i) "Public Records": Records established under state Policy" in Schedule A. statutes at Date of Policy for the purpose of imparting (c)"Entity": A corporation; partnership, trust, limited constructive notice of matters relating to real property to liability company, or other similar legal entity. purchasers for value and without Knowledge. With respect (d) "Insured": The Insured named in Schedule A. to Covered Risk 5(d), "Public Records" shall also include (i) The term "Insured" also includes environmental protection liens filed in the records of the (A) successors to the Title of the Insured by clerk of the United States District Court for the district operation of law as distinguished from purchase, including where the Land is located. heirs, devisees, survivors, personal representatives, or (j)"Title": The estate or interest described in next of kin; Schedule A. (B) successors to an Insured by dissolution, (k) "Unmarketable Title": Title affected by an alleged or merger, consolidation, distribution, or reorganization; apparent matter that would permit a prospective purchaser (C) successors to an Insured by its conversion or lessee of the Title or lender on the Title to be released to another kind of Entity; from the obligation to purchase, lease, or lend if there is a (D) a grantee of an Insured under a deed contractual condition requiring the delivery of marketable delivered without payment of actual valuable consideration title. conveying the Title 2. CONTINUATION OF INSURANCE ' (1) if the stock, shares, memberships, or other The coverage of this policy shall continue in force as of equity interests of the grantee are wholly-owned by the Date of Policy in favor of an Insured, but only so long as named Insured, the Insured retains an estate or interest in the Land, or (2) if the grantee wholly owns the named holds an obligation secured by a purchase money Insured, Mortgage given by a purchaser from the Insured, or only (3) if the grantee is wholly-owned by an so long as the Insured shall have liability by reason of affiliated Entity of the named Insured, provided the warranties in any transfer or conveyance of the Title. This affiliated Entity and the named Insured are both wholly- policy shall not continue in force in favor of any purchaser owned by the same person or Entity, or from the Insured of either (i) an estate or interest in the (4) if the grantee is a trustee or beneficiary of Land, or (ii) an obligation secured by a purchase money a trust created by a written instrument established by the Mortgage given to the Insured. Insured named in Schedule A for estate planning purposes. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED (ii) With regard to (A), (B), (C), and (D) reserving, CLAIMANT however, all rights and defenses as to any successor that The Insured shall notify the Company promptly in the Company would have had against any predecessor writing (i) in case of any litigation as set forth in Section Insured. 5(a) of these Conditions, (ii) in case Knowledge shall come (e) "Insured Claimant": An Insured claiming loss or to an Insured hereunder of any claim of title or interest damage. that is adverse to the Title, as insured, and that might (f)"Knowledge" or "Known": Actual knowledge, not cause loss or damage for which the Company may be liable constructive knowledge or notice that may be imputed to by virtue of this policy, or (iii) if the Title, as insured, is an Insured by reason of the'Public Records or any other rejected as Unmarketable Title. If the Company is records that impart constructive notice of matters affecting prejudiced by the failure of the Insured Claimant to the Title. provide prompt notice, the Company's liability to the (g) "Land": The land described in Schedule A, and Insured Claimant under the policy shall be reduced to the affixed improvements that by law constitute real property. extent of the prejudice. The term "Land" does not include any property beyond the 4. PROOF OF LOSS lines of the area described in Schedule A, nor any right, In the event the Company is unable to determine the title, interest, estate, or easement in abutting streets, amount of loss or damage, the Company may, at its 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended 306 " , Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 6 option, require as a condition of payment that the Insured defend, prosecute, or continue any litigation, with regard Claimant furnish a signed proof of loss. The proof of loss to the matter or matters requiring such cooperation. must describe the defect, lien, encumbrance, or other (b) The Company may reasonably require the Insured matter insured against by this policy that constitutes the Claimant to submit to examination under oath by any Ibasis of loss or damage and shall state, to the extent authorized representative of the Company and to produce possible, the basis of calculating the amount of the loss or for examination, inspection, and copying, at such damage. reasonable times and places as may be designated by the 5. DEFENSE AND PROSECUTION OF ACTIONS authorized representative of the Company, all records, in (a) Upon written request by the Insured, and subject whatever medium maintained, including books, ledgers, to the options contained in Section 7 of these Conditions, checks, memoranda, correspondence, reports, e-mails, the Company, at its own cost and without unreasonable disks, tapes, and videos whether bearing a date before or delay, shall provide for the defense of an Insured in after Date of Policy, that reasonably pertain to the loss or litigation in which any third party asserts a claim covered damage. Further, if requested by any authorized by this policy adverse to the Insured. This obligation is representative of the Company, the Insured Claimant shall limited to only those stated causes of action alleging grant its permission, in writing, for any authorized matters representative of the Company to examine, inspect, and insured against by this policy. The Company shall have the copy all of these records in the custody or control of a third right to select counsel of its choice (subject to the right of party that reasonably pertain to the loss or damage. All the Insured to object for reasonable cause) to represent information designated as confidential by the Insured the Insured as to those stated causes of action. It shall not Claimant provided to the Company pursuant to this Section be liable for and will not pay the fees of any other counsel. shall not be disclosed to others unless, in the reasonable The Company will not pay any fees, costs, or expenses judgment of the Company, it is necessary in the incurred by the Insured in the defense of those causes of administration of the claim. Failure of the Insured Claimant action that allege matters not insured against by this to submit for examination under oath, produce any policy. reasonably requested information, or grant permission to (b) The Company shall have the right, in addition to secure reasonably necessary information from third parties the options contained in Section 7 of these Conditions, at as required in this subsection, unless prohibited by law or its own cost, to institute and prosecute any action or governmental regulation, shall terminate any liability of proceeding or to do any other act that in its opinion may the Company under this policy as to that claim. be necessary or desirable to establish the Title, as insured, 7. OPTIONS TO PAY OR OTHERWISE SETTLE or to prevent or reduce loss or damage to the Insured. The CLAIMS; TERMINATION OF LIABILITY Company may take any appropriate action under the terms In case of a claim under this policy, the Company shall of this policy, whether or not it shall be liable to the have the following additional options: Insured. The exercise of these rights shall not be an (a) To Pay or Tender Payment of the Amount of admission of liability or waiver of any provision of this Insurance. policy. If the Company exercises its rights under this To pay or tender payment of the Amount of Insurance subsection, it must do so diligently. under this policy together with any costs, attorneys' fees, (c)Whenever the Company brings an action or asserts a and expenses incurred by the Insured Claimant that were defense as required or permitted by this policy, the authorized by the Company up to the time of payment or Company'may pursue the litigation to a final determination tender of payment and that the Company is obligated to by a court of competent jurisdiction, and it expressly pay. reserves the right, in its sole discretion, to appeal from any Upon the exercise by the Company of this option, all adverse judgment or order. liability and obligations of the Company to the Insured 6. DUTY OF INSURED CLAIMANT TO COOPERATE under this policy, other than to make the payment (a) In all cases where this policy permits or requires required in this subsection, shall terminate, including any the Company to prosecute or provide for the defense of liability or obligation to defend, prosecute, or continue any any action or proceeding and any appeals, the Insured litigation. shall secure to the Company the right to so prosecute or (b) To Pay or Otherwise Settle With Parties Other Than provide defense in the action or proceeding, including the the Insured or With the Insured Claimant. right to use, at its option, the name of the Insured for this (i)To pay or otherwise settle with other parties for purpose. Whenever requested by the Company, the or in the name of an Insured Claimant any claim insured Insured, at the Company's expense, shall give the against under this policy. In addition, the Company will Company all reasonable aid (i) in securing evidence, pay any costs, attorneys' fees, and expenses incurred by obtaining witnesses, prosecuting or defending the action or the Insured Claimant that were authorized by the proceeding, or effecting settlement, and (ii) in any other Company up to the time of payment and that the Company lawful act that in the opinion of the Company may be is obligated to pay; or necessary or desirable to establish the Title, or any other (ii)To pay or otherwise settle with the Insured matter as insured. If the Company is prejudiced by the Claimant the loss or damage provided for under this policy, failure of the Insured to furnish the required cooperation, together with any costs, attorneys' fees, and expenses the Company's obligations to the Insured under the policy incurred by the Insured Claimant that were authorized by shall terminate, including any liability or obligation to 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 .:L iFdi Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or anyA derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. " All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 the Company up to the time of payment and that the which the Insured has agreed, assumed, or taken subject, Company is obligated to pay. or which is executed by an Insured after Date of Policy and Upon the exercise by the Company of either of the which is a charge or lien on the Title, and the amount so options provided for in subsections (b)(i) or (ii), the paid shall be deemed a payment to the Insured under this Company's obligations to the Insured under this policy for policy. the claimed loss or damage, other than the payments 12. PAYMENT OF LOSS required to be made, shall terminate, including any liability When liability and the extent of loss or damage have or obligation to defend, prosecute, or continue any been definitely fixed in accordance with these Conditions, litigation. the payment shall be made within 30 days. 8. DETERMINATION AND EXTENT OF LIABILITY 13. RIGHTS OF RECOVERY UPON PAYMENT OR This policy is a contract of indemnity against actual SETTLEMENT monetary loss or damage sustained or incurred by the (a) Whenever the Company shall have settled and paid Insured Claimant who has suffered loss or damage by a claim under this policy, it shall be subrogated and reason of,matters insured against by this policy. entitled to the rights of the Insured Claimant in the Title (a) The extent of.liability of the Company for loss or and all other rights and remedies in respect to the claim damage under this policy shall not exceed the lesser of that the Insured Claimant has against any person or (i) 'the Amount of Insurance; or property, to the extent of the amount of any loss, costs, (ii)the difference between the value of the Title as attorneys' fees, and expenses paid by the Company. If insured and the value of the Title subject to the risk requested by the Company, the Insured Claimant shall insured against by this policy. execute documents to evidence the transfer to the (b) If the Company pursues its rights under Section 5 Company of these rights and remedies. The Insured of these Conditions and is unsuccessful in establishing the Claimant shall permit the Company to sue, compromise, or Title, as insured, settle in the name of the Insured Claimant and to use the (i) the Amount of Insurance shall be increased by name of the Insured Claimant in any transaction or 10%, and litigation involving these rights and remedies. (ii)the Insured Claimant shall have the right to have If a payment on account of a claim does not fully cover the loss or damage determined either as of the date the the loss of the Insured Claimant, the Company shall defer claim was made by the Insured Claimant or as of the date the exercise of its right to recover until after the Insured it is settled and paid. Claimant shall have recovered its loss. (c)In addition to the extent of liability under (a) and (b) The Company's right of subrogation includes the (b), the Company will also pay those costs, attorneys' rights of the Insured to indemnities, guaranties, other fees, and expenses incurred in accordance with Sections 5 policies of insurance, or bonds, notwithstanding any terms and 7 of these Conditions. or conditions contained in those instruments that address 9. LIMITATION OF LIABILITY subrogation rights. (a) If the Company establishes the Title, or removes 14. ARBITRATION the alleged defect, lien or encumbrance, or cures the lack Either the Company or the Insured may demand that of a right of access to or from the Land, or cures the claim the claim or controversy shall be submitted to arbitration of Unmarketable Title, all as insured, in a reasonably pur§uant to the Title Insurance Arbitration Rules of the diligent manner by any method, including litigation and the American Land Title Association ("Rules"). Except as completion of any appeals, it shall have fully performed its provided in the Rules, there shall be no joinder or obligations with respect to that matter and shall not be consolidation with claims or controversies of other persons. liable for any loss or damage caused to the Insured. Arbitrable matters may include, but are not limited to, any (b) In the event of any litigation, including litigation by controversy or claim between the Company and the the Company or with the Company's consent, the Insured arising out of or relating to this policy, any service Company shall have no liability for loss or damage until in connection with its issuance or the breach of a policy there has been a final determination by a court of provision, or to any other controversy or claim arising out competent jurisdiction, 'and disposition of all appeals, of the transaction giving rise to this policy. All arbitrable adverse to the Title, as insured. matters when the Amount of Insurance is $2,000,000 or (c)The'Company shall not be liable for loss or damage less shall be arbitrated at the option of either the Company to the Insured for liability voluntarily assumed by the or the Insured. All arbitrable matters when the Amount of Insured in settling any claim or suit without the prior Insurance is in excess of $2,000,000 shall be arbitrated written consent of the Company. only when agreed to by both the Company and the 10. REDUCTION OF INSURANCE; REDUCTION OR Insured. Arbitration pursuant to this policy and under the TERMINATION OF LIABILITY Rules shall be binding upon the parties. Judgment upon All payments under this policy, except payments made the award rendered by the Arbitrator(s) may be entered in for costs, attorneys' fees, and expenses, shall reduce the any court of competent jurisdiction. Amount of Insurance by the amount of the payment. 15. LIABILITY LIMITED TO THIS POLICY; POLICY 11. LIABILITY NONCUMULATIVE ENTIRE CONTRACT The Amount of Insurance shall be reduced by any (a) This policy together with all endorsements, if any, amount the Company pays under any policy insuring a attached to it by the Company is the entire policy and Mortgage to which exception is taken in Schedule B or to contract between the Insured and the Company. In 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended-306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 interpreting any provision of this policy, this policy shall be (a) Choice of Law: The Insured acknowledges the construed as a whole. Company has underwritten the risks covered by this policy (b) Any claim of loss or damage that arises out of the and determined the premium charged therefor in reliance ' status of the Title or by any action asserting such claim upon the law affecting interests in real property and shall be restricted to this policy. applicable to the interpretation, rights, remedies, or (c)Any amendment of or endorsement to this policy enforcement of policies of title insurance of the jurisdiction must be in writing and authenticated by an authorized where the Land is located. person, or expressly incorporated by Schedule A of this Therefore, the court or an arbitrator shall apply the law policy. of the jurisdiction where the Land is located to determine (d) Each endorsement to this policy issued at any time the validity of claims against the Title that are adverse to is made a part of this policy and is subject to all of its the Insured and to interpret and enforce the terms of this terms and provisions. Except as the endorsement policy. In neither case shall the court or arbitrator apply its expressly states, it does not (i) modify any of the terms conflicts of law principles to determine the applicable law. and provisions of the policy, (ii) modify any prior (b) Choice of Forum: Any litigation or other proceeding endorsement, (iii) extend the Date of Policy, or (iv) brought by the Insured against the Company must be filed increase the Amount of Insurance. only in a state or federal court within the United States of 16. SEVERABILITY America or its territories having appropriate jurisdiction. In the event any provision of this policy, in whole or in 18. NOTICES, WHERE SENT part, is held invalid or unenforceable under applicable law, Any notice of claim and any other notice or statement in the policy shall be deemed not to include that provision or writing required to be given to the Company under this such part held to be invalid, but all other provisions shall policy must be given to the Company at CHICAGO TITLE remain in full force and effect. INSURANCE COMPANY, Attn: Claims Department, P.O. 17. CHOICE OF LAW; FORUM Box 45023, Jacksonville, FL 32232-5023. 1 7230632 ALTA Owners Policy 06/17/06 w-NY Coverage Endorsement Appended_306 Copyright 2006-2016 American Land Title Association. All rights reserved.The use of this Form (or any 0 derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE ` At Fidelity National Financial,Inc.,we respect and believe it is important to protect the privacy of consumers and our customers.This Privacy Notice explains how we collect, use, and protect any information that we collect from you,when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information about you, like your contact information from you via applications, forms, and information, address, demographic information, social security correspondence we receive from you and others related to our number (SSN), driver's license, passport, other government ID transactions with you. When you visit our websites from your numbers and/or financial information. We may also receive computer or mobile device, we automatically collect and store browsing information from your Internet browser, computer certain information available to us through your Internet and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website applications. experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to you,to information to our affiliates and/or nonaffiliated parties improve our products and services, and to communicate with providing services for you or us,to law enforcement agencies or you about these products and services. We may also share your governmental authorities, as required by law, and to parties contact information with our affiliates for marketing purposes. whose interest in title must be determined. Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of information from children who are under the age of 13,and our certain disclosure or use of your information or choose to not website is not intended to attract children. provide any personal information to us. Privacy Outside the Website. We are not responsible for the International Users. By providing us with you information, privacy practices of third parties, even if our website links to you consent to its transfer, processing and storage outside of those parties'websites. your country of residence,as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacv Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers.The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting Access and Correction; Contact Us.If you desire to contact us information to us or by using our website,you are accepting and regarding this notice or your information, please contact us at agreeing to the terms of this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services (collectively,"FNF", "our"or"we")respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website,online service or application(collectively,the"Website"). Types of Information Collected • other personal information needed from you to provide title We may collect two types of information from you: Personal insurance,real estate-and loan-related services to you. Information and Browsing Information. Browsing Information.'FNF may collect the following categories Personal Information. FNF may collect the following categories of Browsing Information: of Personal Information: • Internet Protocol (or IP) address or device ID/UDID, protocol • contact information (e.g., name, address, phone number, email and sequence information; address); • browser language and type; • demographic information (e.g., date of birth, gender, marital . domain name system requests; status); • browsing history,such as time spent at a domain,time and date • social security number (SSN), driver's license, passport, and of your visit and number of clicks; other government ID numbers; • http headers,application client and server banners;and • financial account information;and • operating system and fingerprinting data. I Effective as of May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. • 1 How Information is Collected connection with an investigation, or civil or criminal subpoena In the course of our business, we may collect Personal or court order; Information about you from the following sources: • to lenders, lien holders, judgment creditors, or other parties I • applications or other forms we receive from you or your claiming an interest in title whose claim or interest must be authorized representative; determined,settled,paid,or released prior to closing;and • the correspondence you and others send to us; • other third parties for whom you have given us written • information we receive through the Website; authorization to disclose your Personal Information. • information about your transactions with,or services performed We may disclose Personal Information and/or Browsing by,us,our affiliates or nonaffiliated third parties;and Information when required by law or in the good-faith belief that • information from consumer or other reporting agencies and such disclosure is necessary to: public records maintained by governmental entities that we • comply with a legal process or applicable laws; obtain directly from those entities,our affiliates or others. • enforce this Privacy Notice; If you visit or use our Website, we may collect Browsing • investigate or respond to claims that any material, document, Information from you as follows: image, graphic, logo, design, audio, video or any other • Browser Log Files.Our servers automatically log each visitor to information provided by you violates the rights of a third party; the Website and collect and record certain browsing or information about each visitor. The Browsing Information • protect the rights, property or personal safety of FNF, its users includes generic information and reveals nothing personal about or the public. the user. We maintain reasonable safeguards to keep your Personal • Cookies. When you visit our Website, a "cookie" may be sent Information secure.When we provide Personal Information to our to your computer. A cookie is a small piece of data that is sent affiliates or third party service providers as discussed in this to your Internet browser from a web server and stored on your Privacy Notice, we expect that these parties process such computer's hard drive. When you visit a website again, the information in compliance with our Privacy Notice or in a manner cookie allows the website to recognize your computer. Cookies that is in compliance with applicable privacy laws. The use of may store user preferences and other information. You can your information by a business partner may be subject to that choose whether or not to accept cookies by changing your party's own Privacy Notice. Unless permitted by law, we do not Internet browser settings, which may impair or limit some disclose information we collect from consumer or credit reporting functionality of the Website. agencies with our affiliates or others without your consent. Use of Collected Information We reserve the right to transfer your Personal Information, Information collected by FNF is used for three main purposes: Browsing Information, and any other information, in connection • To provide products and services to you or any affiliate or third with the sale or other disposition of all or part of the FNF business party who is obtaining services on your behalf or in connection and/or assets, or in the event of our bankruptcy, reorganization, with a transaction involving you. insolvency, receivership or an assignment for the benefit of • To improve our products and services. creditors. You expressly agree and consent to the use and/or • To communicate with you and to inform you about our, our transfer of the foregoing information in connection with any of the affiliates' and third parties' products and services, jointly or above described proceedings. We cannot and will not be independently. responsible for any breach of security by a third party or for any When Information Is Disclosed actions of any third party that receives any of the information that We may provide your Personal Information (excluding is disclosed to us. information we receive from consumer or other credit reporting Choices With Your Information agencies) and Browsing Information to various individuals and Whether you submit Personal Information or Browsing companies, as permitted by law, without obtaining your prior Information to FNF is entirely up to you. If you decide not to authorization. Such laws do not allow consumers to restrict these submit Personal Information or Browsing Information, FNF may disclosures. Please see the section "Choices With Your Personal not be able to provide certain services or products to you. The Information"to learn how to limit the discretionary disclosure of uses of your Personal Information and/or Browsing Information your Personal Information and Browsing Information. that,by law,you cannot limit,include: • for our everyday business purposes — to process your Disclosures of your Personal Information may be made to the transactions, maintain your account(s), to respond to law following categories of affiliates and nonaffiliated third parties: enforcement or other governmental authority in connection • to third parties to provide you with services you have requested, with an investigation, or civil or criminal subpoenas or court and to enable us to detect or prevent criminal activity, fraud, orders,or report to credit bureaus; material misrepresentation,or nondisclosure; a for our own marketing purposes; • to our affiliate financial service providers for their use to market for joint marketing with financial companies;and their products or services to you; for our affiliates' everyday business purposes— information • to nonaffiliated third party service providers who provide or about your transactions and experiences. perform services on our behalf and use the disclosed information You may choose to prevent.FNF from disclosing or using your only in conriection with such services; Personal Information and/or Browsing Information under the • to nonaffiliated third party service providers with whom we following circumstances("opt-out"): perform joint marketing,pursuant to an agreement with them to • for our affiliates' everyday business purposes— information market financial products or services to you; about your creditworthiness;and • to law enforcement or other governmental authority in • for our affiliates to market to you. Effective May 1,2015;Last updated March 1,2017 Copyright 0 2017.Fidelity National Financial,Inc.All Rights Reserved. To the extent permitted above, you may opt-out of disclosure or servicer.In those instances,we may collect certain information on use of your Personal Information and Browsing Information by behalf of that mortgage loan servicer via the website. The notifying us by one of the methods at the end of this Privacy information which we may collect on behalf of the mortgage loan ' Notice. We do not share your personal information with non- servicer is as follows: affiliates for their direct marketing purposes. •first and last name; For California Residents: We will not share your Personal .property address; Information and Browsing Information with nonaffiliated third .user name and password; parties, except as permitted by California law. Currently, our .loan number; policy is that we do not recognize "do not track" requests from .social security number-masked upon entry; Internet browsers and similar devices. •email address; For Nevada Residents:You may be placed on our internal Do Not .three security questions and answers;and Call List by'calling(888) 934-3354 or by contacting us via the .IP address. information set forth at the end of this Privacy Notice.Nevada law The information you submit through the website is then requires that we also provide you-with the following contact transferred to your mortgage loan servicer by way of CCN. The information: Bureau of Consumer Protection, Office of the mortgage loan servicer is responsible for taking action or Nevada Attorney General,555 E.Washington St.,Suite 3900,Las making changes to any consumer information submitted Vegas, NV 89101; Phone number: (702) 486-3132; email: through this website. For example, if you believe that your BCPINFO@aag.state.nv.us. payment or user information is incorrect, you must contact For Oregon Residents: We -will not share your Personal your mortgage loan servicer. Information and Browsing Information with nonaffiliated third CCN does not share consumer information with third parties, parties for marketing purposes, except after you have been other than (1) those with which the mortgage loan servicer has informed by us of such sharing and had an opportunity to indicate contracted to interface with the CCN application, or (2) law that you do not want a disclosure made for marketing purposes. enforcement or other governmental authority in connection with For Vermont Residents: We will not share your Personal an investigation, or civil or criminal subpoenas or court orders. Information and Browsing Information with nonaffiliated third All sections of this Privacy Notice apply to your interaction with parties, except as permitted by Vermont law, such as to process CCN, except for the sections titled "Choices with Your your transactions or to maintain your account.In addition,we will Information" and"Access and Correction."If you have questions not share information about `your creditworthiness with our regarding the choices you have with regard to your personal affiliates except with your authorization. For joint marketing in information or how to access or correct your personal information, Vermont, we will only disclose your name, contact information you should contact your mortgage loan servicer. and information about your transactions. Your Consent To This Privacy Notice Information From Children By submitting Personal Information and/or Browsing Information The Website is meant for adults and is not intended or designed to to FNF,you consent to the collection and use of the information attract children under the age of thirteen (13).We do not collect by us in compliance with this Privacy Notice.Amendments to the Personal Information from any person that we know to be under privacy Notice will be posted on the Website. Each time you the age of thirteen (13) without permission from a parent or provide information to us, or we receive inforniation about you, guardian. By using the Website, you affirm that you are over the following any amendment of this Privacy Notice will signify your age of 13 and will abide by the terms of this Privacy Notice. assent to and acceptance of its revised terms for all previously Privacy Outside the Website collected information and information collected from you in the The Website may contain links to other websites.FNF is not and future. We may use comments, information or feedback that you cannot be responsible for the privacy practices or the content of submit to us in any manner that we may choose without notice or any of those other websites. compensation to you. International Users Accessinz and Correcting Information; Contact Us FNF's headquarters is located within the United States. If you If you have questions, would like to access or correct your reside outside the United States or are a citizen of the European personal Information, or want to opt-out of information sharing Union, please note that we may transfer your Personal with our affiliates for their marketing purposes, please send your Information and/or Browsing Information outside of your country requests to privac cr,fnf.com or by mail or phone to: of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Fidelity National Financial,Inc. Personal Information and/or Browsing Information, you consent 601 Riverside Avemle to our collection and transfer of such information in accordance Jacksonville,Florida 32204 with this Privacy Notice. Attn:Chief Privacy Officer The California Online Privacy Protection Act (888)934-3354 For some FNF websites, such as the Customer CareNet("CCN"), FNF is acting as a third party service provider to a mortgage loan Effective as of May 1,2015;Last updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.All Rights Reserved. (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABUSH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)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.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEPEON,AND TO THE ASSIGNEES OF THE LENDING INSTTUTCN.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)@ CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. I 400 Ostrander Avenue, Riverhead, New York IIg01 ` - tel. 631.-12"1.2303 fax. 631.'12"1.0144 i admin@youngengineering.com 7 �� 4 /'u "W6E I � 1u arr !'J �l !J Na/f NOlIoOW or Or for i Thomas G. Wolre N. Professional Enr)neer W Nursery Re/y ,� � C) Douglas E. Adams, Professional Engineer Robert 0.833°0 „ GRAs orp I i/ Robert St omskl, Architect st, Architect �3 s�� 4Y oa 51 TE DATA I , AREA = lO.6QOa AORE5 OR 465,6x7 50. FT. Phu,,ho ai vv ►� `° 1�gme l�e 'q Porm er/y I OU � m � S32°�2 3 Q J Millen)Trust i noW o � SO$ O / Rob or r fOr / r/ � �� � Mor9'oretR'��nsoy i 0 "0 0 eeney /ne wM r former Q l Liyi Sraunst/y /r n9 Trust e/n _W noW Or 0 f PO ' Rets e... sset/y m 00 S s801-2p F c�` 13��9 LU N ° ° and LG _pl m L 2 LUX Right of u ry Q0\ m L.i2q scc bed In D eed as D n = O 546025'05"E g84.4b' S 22 00 11q p.Sg6 3 ° p�. 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Beginning N 4 F' tai Holdin N. 2\01,680.68 4RpX,MLONG N4o°OS'glRlw _ 9s LLLL,- E. 15,►2E.?"1 „� SURVEYOR'S CERTIFICATION �°����� WA7 HIGH WE N35 N50°26'0"1L1!N �VcjCJ _ s * HEREBY CERTIFY TO C O U NTY O F S U FFO LK, TOWN �4� G L a •� OF SOUTHOLD & CHICAGO TITLE INSURANCE C O M PA NY THAT THI5 SURVEY WA5 PREPARED IN ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY 0 THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND D-InOW i OL SURVEYORS. o� �nkndn awn r/y ' s er I 0 -9 i m i I s (1 N HOWARD W. YOUNG, N.Y.S. L.5. NO. 45883 � t G � � J 5URVEY MAP OF PROPERTY REPUTEDLY OF CAPITAL A55ET RETIREMENT FUND LLC SUFFOLK COUNTY NEW DRINKING LOCUS WATER PROTECTION - OPEN SPACE WAN E DRF at Laurel, Town of Southold R6HT0RIGHT OF WADY Suffolk County, New York SCALE: 1"=100' now or % CERTIFIED 5UR\/F-Y U formerly m ' -4 Capital Asset now or former) now Or County Tax Map District 1000 Section 127 Block OS Lot I-1.3 Retirement y now or formerly now or formerlyGa forme o ` N o - Hallock Holding Jeffr HalloGkt/r et 5" or FIELD SURVEY COMPLETED JUNE 13, 201-1 o O D a 9 az Fund LLG Corp. y Capital Asset RetiremenFund LLC Re/ta/ Ass r/y now 3710j, 0°F i'urla LLG t 3�\3 Re 4pita/f s er/y MAP PREPARED JUNE 26, 201 7 o 0 �IL n U) _ — — — — 546°25'o8"E creme set Record of Revisions - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � � nt un ° RECORD OF REVISIONS DATE O= r — — — — — � — 1381.21 S35 pOp� � '�� 535°i7�p�� � N� RIGHT OF WAY MAR. Og, 2018 133.x0' - 26085' 584.48 / �3p LLG a' N rF G W Q Q .� EARTH ROADWAY 2O 36 Ul N3j�3p oR--� — 133.x0'- - - - - - -260.85'- - - - �— - - - - - - - - - - - - - - gg6.83' - - - - - - - - EAR RO�yvAY p �N C N 0140" /y N46°25'08"W 1351.33 � �c5541 W /` ` /f N38°17�pIW V goo N�n°2a 1'f N3��.3�1 �/ noW or 2OO.Op Z Mori MGVei v IN L 3p'kv Anne ormerlygh J 6 KEY MAP (� 0 0 30 60 120 180 v,� SCALE: I”=600' noW Or Tristate formerly Scale: I" = 60' Holdin9 CREEK s LLG OF I Gapitoi J05 No. 2017-0056.2 o �� DWG. 201�_OOgb_PGL2 I a = MONUMENT 5ET ■= MONUMENT FOUND = 5TAKE CET A= 5TAKE FOUND s r a N I T A R Y F L O W C R E D I T S .FO(, RESOLUTION 2018-415BJM�OG ADOPTED DOC ID: 14074 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-415 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2018: WHEREAS, on April 20, 2018, the County of Suffolk and Town of Southold purchased Fee Title to six (6) properties owned by: • Tristate Capital Holdings, LLC (5.1734 acres) and further identified as SCTM #1000- 127.-3-8. The address is 2550 North Oakwood Drive, in Laurel,New York; and • Capital Asset Retirement Fund, LLC (1.8333 acres) and further identified as SCTM #1000-127.-3-9.2. The address is 560 Diachun Road, in Laurel,New York; and • Jeffry Hallock (3.3625 acres) and further identified as SCTM #1000-127.-3-10.2. The address is 430 Diachun Road, in Laurel,New York; and • Hallock Holding Corp. (1.7289 acres) and further identified as SCTM#1000-127.-3-10.3. The address is No #Diachun Road, in Laurel,New York; and • Capital Asset Retirement Fund, LLC (0.7431 acre) and further identified as SCTM #1000-127.-8-17.2. The address is 2295 Great Peconic Bay Boulevard, in Laurel, New York; and • Capital Asset Retirement Fund, LLC (10.6909 acres) and further identified as SCTM #1000-127.-8-17.3. The address is 2445 Great Peconic Bay Boulevard, in Laurel, New York; and WHEREAS, said purchase included a joint acquisition by the Town and County with the County acquiring a seventy-nine percent (79%) undivided interest and the Town acquiring a twenty-one percent (21%) undivided interest, as tenants-in-common, to each of the six (6) tax map parcels listed above;'and WHEREAS, the properties are located within the Agricultural-Conservation (A-C) Zoning District and partially within the R-40 Zoning District; and WHEREAS, the properties are located within the Mattituck-Cutchogue School District; and WHEREAS, the deeds recorded as part of the purchases prohibit the use of the properties for any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and Resolution 2018-415 Board Meeting of May 8, 2018 WHEREAS, as per Chapter 117 (Sanitary Flow Credits, Transfer of) of the Town Code, the _ Land Preservation Coordinator and the Town Board reviewed the acquisition prior to the Town 1 Board public hearing on the purchase and determined that Sanitary Flow Credits may be available,upon the acquisition of the properties and that the County of Suffolk would determine if Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available. Said Sanitary Flow Credits would be divided between the County and the Town in accordance with the 79% County/21% Town joint partnership percentage; and WHEREAS, the Land Preservation Coordinator provided the Town Board with the County determination of the Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) available for transfer from the above-mentioned parcels following the closing on the parcels; and WHEREAS, three (3) Sanitary Flow Credits (a.k.a. County Workforce Housing Development Rights) are available; two (2) Workforce Housing Development Rights credits for the County and one (1) Sanitary Flow Credit for the Town as a result of these purchases; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby transfers one (1) Sanitary Flow Credit into the Town Sanitary Flow Credit Bank from the Town's fee title purchase of the properties identified above; and, be it further RESOLVED that the Town Clerk shall enter this transfer of one (1) Sanitary Flow Credit into the Sanitary Flow Credit Log; and, be it further, RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator, and the Planning Department for inclusion into the Town database and GIS system. -w?-4 ' Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: James Dinizio Jr, William P. Ruland, Louisa P. Evans, Scott A. Russell ABSENT: Jill Doherty, Robert Ghosio Updated: 5/3/2018 10:40 AM.by Melanie Doroski Page 2 D � E C L A R A T I O N O F E A S E M E N T I lllllil Illi lllil IIIII 111111111111111 IllllIIIII 1111 IIII 1111111 IIIII illll 11111111 - SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/11/2020 Number of Pages: 8 At: 01:29:47 PM Receipt Number : 20-0026132 TRANSFER TAX NUMBER: 19-20354 LIBER: D00013047 PAGE: 509 District: Section: Block: Lot: 1000 127.00 08.00 017.005 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.50 NO Cert.Copies $10.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $295.50 TRANSFER TAX NUMBER: 19-20354 • THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County RECOILED 2020 Feb 11 171.29:47'Fli 7l�LY t d A. PA9,ALE Nonose of pages CLERK OF FOLK COUNTY L 000013047 This document will be public P :,w mord. Plow rem+a>—all DT# 19-20354 Socdil so'Wi y.10inbers prior to recording. Beed/Mortgage Instrument Beed/Mortgage Tax Stamp Recording/Filing stamps FEES Page/Filing Fee 40 Mortgage Amt. 1. Baltic 7hx Handling 00 2. Additiond Tax TP-584 r Sub ToW Notation 60 SpecJAltsiG EA-5217(County) — SO Total t6o50 or Spec./Add. BA-5217(State) TOR:MTG.TAX R.P.T.S.A. Vv Dual Town Dog County — Held for Appointment Comm,of Ed. 5. 00 Trensfer Tax Affidavit + Mansion Tax. Certified Copy- / The property covered by tbie mortgage is or will be improved by a one or two NYS Surcharge 15. Wfamily dwelling oaly. Otbet Sub Total_ (9,D' '—_ XBS i. or NO Grand Total (9 0-t 5. 0 ' If NO,we appropriate tax clause an PW of this Drat 4052525 1000 12700 0800 Vp17005 3 t end 7hx Service y RPRAK A I� Coneideratlorn Anatnant .p VerificationAgency 11-FEBCPF That Due $ k� Improved 6 Bawd ac tiOmMischnrgos/Releases List Property Owners Mailing Address RNWR)D WFOrrURN TO: AJ17n Vacant Land TD A20bd ' IL LRS PLOOIL = TD TD HAUMAUCKNY 117U4Mi Flail to:Judith A.Pascale,Suffolk County Clark! 7 `Ide gaman gatformaition 310 Center Drive,,Riverhead, NY 11909 me Wvuvv..sutfolkcountyny gov/cCo..lark Co.Titl # This page forms part of the attached M P n 1ki d 6l x:p 07(n made by: (SPECIFY TYPE OF INSTRUMENT) The premises Herein is situated in SUFPOLtt LXWN'l•Y.NEW YORK. TO In the TOWN of A �iAr. y S� t-'Ij (�,.cl In the VILLAGE S-k 2 h Q n L- or HAA=of l- � t,r,i i z/ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over} 1URIGINAL AMENDED EASEMENT I 1 Ce n � This Amended Easement and Agreement is made the .day of Septcn*er,2019 between the COUNTY OF SUFFOLK,a municipal corporation of the State of New York,having its principal offices at Suffolk County Center, Center Drive,Riverhead,New York 11901,the TOWN OF SOUTHOLD, a municipal corporation of the State of New York,having its principal office at 53095 Route 25, Southold,New York 11971 AND ISAAC AND STEPHANIE ISRAEL with an address of 107 Promenade Drive,P.O. Box 2042, Aquebogue,New York 11931 WHEREAS, Suffolk County and the Town of Southold acquired real property situated in Laurel, the Town of Southold, County of Suffolk,State of New York and more particularly described in Schedule A,SCTM#1000-127-8-17.3,in fee title on April 20,2018; and WHEREAS, this,parcel was acquired burdened by an easement benefitting the adjacent parcel of land,identified by SCTM.#1000-127-8-17.4,owned by Isaac and Stephanie Israel,providing a driveway and parking area for automobiles and other vehicles,recorded on February 15,2018 and found at Liber D00012950 and Page 386 and more particularly described in Schedule B; and WHEREAS,the owner of the adjacent and benefitted parcels wishes to extend underground utility lines,including but not limited to water,gas,electric,telephone and cable,from a public road through said easement to the benefitted parcel;and WHEREAS,the benefitted parcel has no other access to said parcel other than the easement described above and attached hereto as Schedule A. The owner of the parcel described in Schedule B shall be permitted to install utility lines as described above along and under the non-exclusive easement described in Schedule A but shall not be permitted to deny others access to said easement.Further,said owner shall bear all responsibility for said installation and prompt repair and restoration of the easement area subsequent to said installation of utilities. This permitted installation does not invalidate all other conditions within said easement. The owner of the parcel described in Schedule B agrees and acknowledges that the County of Suffolk and the Town of Southold,their successors and assigns,shall not be responsible or liable in any way for the installation,repair,restoration or maintenance of the easement area and parking area and driveway area thereon. This amended easement shall run with the land and be binding upon all parties,their heirs, successors, grantees and assigns. COUNTY F SUFFOLK ✓�1 A C I L 1 BY: 'TOWN OF SO OLD EIVEL j BY: � Scott A. Russell } State of New York ) ss: County of Suffolk ) On the �-q day of S-eetn�e 2019,before me the undersigned,personally appeared IsAA-L 1 plt—' personally know to me or proved to me on the basis of satisfactory evidence,to be the individuals)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 capacitv(ies), and that by his/her/their signature(s) on the instrument,the individual(s)acted, executed the instrument. `Ti.I;J.F. •.. C._n Notary Public '1;'•`1,?�,��`^+i:``l!( ,:>5;0,+ tti i`'l P"State of New York ) ti�`r^ D: of DA 699 t$ County of Suffolk ) ss. l vr,i(n{ 5'M lk l 3,D On the day of J 2019; before me the undersigned,personally appeared 1-52A[L personally know 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)acted, executed the instrument. Notary Public 6rr,,r,(t:.:•sv+ <Yt.i r, ;:il:.ii. � ��` State of New York ) fvOTAYC7 f,-'VL-[C, SAT` OY ikz ��,lk >ss: IVs,;; oJDA 11t glig County of Suffolk ) G1�:�t(`�r�ct Y=' J-j � �;�av,vr:�,$�Dci t?X`�dz� �U1� 3v j �rr•�-`�. On the day of G 2019,before me the undersigned,personally appeared �'�.l@ SP L� —_ personally know 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 signatures) on the instrument, the individual(s) acted. executed the instrument. otar Public 8��PublioState of NewYof3 Wo.OiST6164M @vstifiod In Suffolk CWffEV mWftn Ensnlfw A9 9,20 9 r State of New York ) ss: County of Suffolk ) On te61 day of 2019, before me the undersigned,personally appearedr�ar, 14-1_ J personally know 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) acted, executed the instrument. ERIN K LIPANi kiotafy Public,State of New York Reg.No.OIL16240218 Qualified in Suffolk County Notary P>Vic Commission EXPlres MAY 2,202? Schedule A Description ®f Burdened Parcel ALL that certain plot,piece or parcel of land,situate,lying and being at Laurel,Town of Southold, County of Suffolk and State of new York,bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the Intersection of the westerly side of a certain right of way; RUNNING THENCE from said point of beginning along land now or formerly Anne Marie McVeigh the following two(2)courses and distances: 1. North 38 degrees 17 minutes 20 seconds West 200.00 feet to a monument found; 2. South 39 degrees 22 minutes 10 seconds West 90.00 feet to land now or formerly Tristate Capital Holdings LLC; THENCE along land now or formerly Tristate Capital Holdings LLC the following two(2)courses and distances: 1. North 38 degrees 17 minutes 20 seconds West 173 30 feet, 2. South 51 degrees 26 minutes 40 seconds West 72.08 feet to the approximate mean high water mark of Brushes Creek; THENCE along the appro/imate mean high water mark of Brushes Creek the following eleven(11) tie-line courses and distances: 1. North 40 degrees 05 minutes 31 seconds West 10.02 feet; 2. North 41 degrees 51 minutes 15 seconds West 148.64 feet; 3. North 38 degrees 13 minutes 10 seconds West 93.58 feet; 4. North 46 degrees 39 minutes 17 seconds West 124.92 feet; 5. North 48 degrees 07 minutes 37 seconds West 150.89 feet, 6. North 42 degrees 04 minutes 56 seconds West 94.29 feet; 7. North 50 degrees 46 minutes 50 seconds West 118.59 feel; 8. North 56 degrees 44 minutes 12 seconds West 145.61 feet; ` 9. North 68 degrees 01 minutes 15 seconds West 85.72 feet 10.North 50 degrees 26 minutes 07 seconds West 91.70 feet; 11.North 35 degrees 12 minutes 42 seconds West 42.89 feet to land now or formerly Jeffry Hallock; THENCE North 57 degrees 26 minutes 58 seconds East along land now or formerly Jeffry Hallock 591.17 feet to land now or formerly Half Hollow Nursery Realty Corp.; Page: 2 THENCE South 33 degrees 02 minutes 23 seconds East along land now or formerly Half Hollow Nursery Realty Corp 905.68 feet to a monument found and land now or formerly Philippe A_Millan and Pamela J Millen Trust; THENCE South 32 degrees 22 minutes 30 seconds East along land now or formerly Philippe A. Millen&Pamela J Millen Trust 50 59 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE along land now or formerly Capital Asset Refirement Funa LLC the following four(4) courses and distances: I. South 57 degrees 37 minutes 30 seconds West 150 00 feet; 2 South 32 degrees 22 minutes 30 seconds East 150.00 feet; 3. South 82 degrees 22 m,nutes 00 seconds East 94.00 feet; 4. North 57 degrees 37 minutes 30 seconds East 78.00 feet to land now or formerly Robert R. Johnson and Margaret A.Feeney; THENCE South:22 degrees 22 minutes 30 seconds East along land now or formerly Robert R Johnson and Margaret A.Feeney and along land now or formerly Ellen M.Bransteln Living Trust 189.58 feet to the northerly side of Peconic Bay Boulevard, , THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 110.61 feet to the monument found at the point or place of beginning; CONTAINING an area of 10.6909 acres or 465,697 square feet. TOGETHER with and subject to a certain Right of Way bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of Peconic Say Boulevard at the southeasterly cornet of land now or formerly Anne Marie McVeigh. RUNNING THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following four(4) courses and distances: 1. North 89 degrees 21 minutes 23 seconds West 58.86 feet; 2 North 32 degrees 22 minutes 30 seconds West 141.32 feet; 3. North 57 degrees 22 minutes 17 seconds West 55.41 feet; 4. North 46 degrees 25 minutes 08 seconds West 996.83 feet to land now or formerly Jeffry Haliock; Page: 3 THENCE North A6 degrees 25 minutes 08 seconds West ttirough land now or formerly Jeffry Hallock 260 59 feet to land now or formerly f iallock Holding Corp_; THENCE North 48 degrees 25 minutes OB seconds West through land now or formerty,Hallock r Hold,ng Corp. 133.90 fee:to land now or formerly Capital Asset Retirement Fund LLC; THENCE North 37 degrees 01 minutes 40 seconds West through land now or formerly Capita l Asset Retirement Fund LLC 130.4G feet' land now or formerly Tristate Capital Holdings LLC; THENCE North 57 degrees 26 minutes 53 seconds East along land now or formerly Tristate Capital holdings LLC 50 15 feet to land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: ' 1 South 37 degrees 01 minutes 40 seconds East 122.38 feet; 2. South 46 degree 25 minutes 08 seconds East 8.24 feet to land now or formerly Hallock Hotding Corp; THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Hallock Holding Corp.133.90 feet to land now or formerly Jeffry Hallock; THENCE South 45 degrees 25 minutes 08 seconds East through land now or formerly Jeffry Hallock 260.59 feet to land Clow or formerly Capital Asset Retirement Fund LLC; THENCE South 46 degrees 25 minutes 08 seconds East through land now or formerly Capital Asset Retirement Fund LLC 984.48 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE South 32 degrees 22 minutes 30 seconds East alona other land now or formerly Capital Asset Retirement Fund LLC 150.00 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following two(2) courses and distances: I. South 64 degrees 31 minutes 35 seconds East 91.36 feet; 2. South 38 dagrees 17 minutes 20 seconds East 200.36 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25.59 fleet to the monument found at the point or place of beginning; Schedule B Description ®f Easement BEGINNING at a point marked by a monument found on the northerly side of Peconic Bay Boulevard at the southeasterly corner of land now or formerly Anne Marie McVeigh; THENCE from said point of beginning North 38 degrees 17 minutes 20 seconds West along land now or formerly Anne Marie McVeigh 200.00 feet to a monument found and land now or formerly Capital Asset Retirement Fund LLC; THENCE through land now or formerly CapitalAsset Retirement Fund LLC the following three(3) courses and distacnes: J. North 89 degrees 21 minutes 23 seconds West 58.86-feet; 2. North 32 degrees 22 minutes 30 seconds West 53.65-feet; 3. North 57 degrees 37 minutes 30 seconds East 25.00 feet to other land now or formerly Capital Asset Retirement Fund LLC; THENCE along other land now or formerly Capital Asset Retirement Fund LLC the following two (2)courses and distances: 1. South 82 degrees 22 minutes 00 seconds East 94.00 feet; 2. North 57 degrees 37 minutes 30 seconds East 30.87 feet to a point; THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three(3) courses and distances: 1. South 38 degrees 17 minutes 20 seconds East 50.00 feet; 2. South 57 degrees 37 minutes 30 seconds West 56.00.feet", 3. South 38 degrees 17 minutes 20 seconds East 167.37 feet to the northerly side of Peconic Bay Boulevard; THENCE South 39 degrees 22 minutes 10 seconds West along the northerly side of Peconic Bay Boulevard 25-59 feet to the monument found at the point or place of BEGINNING. i rte_ l r fr 1111111111111111 IIIII 1111111111 fllll IIIII Illll 1111 illi 1111111 IIIII Illli IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/15/2018 Number of Pages: 7 - At: 01:15:50 PM Receipt Number : 18-0029337 TRANSFER TAX NUMBER: 17-22298 LIBER-: D00012950 PAGE: 386 District: Section: Block: Lot: 1000 127 .00 08 .00 017 .003 EXAMINED AND. CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 .00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG = $15. 00 NO TP-584 $5 .00 NO Notation $0.00 NO Cert.Copies $8.75 NO RPT $400.00 NO Transfer tax $0.00 NO Comm.Pres $0 .00 NO Fees Paid $488 .75 TRANSFER TAX NUMBER: 17-22298 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1❑ RECORDED 2018 Feb 15 01:15.50 PH Number of pages ITUDITH A. PASCALE :.LER''K OF _ SUFFOLK COWT;' This documentwill be public L DOOO:`550 P 3156 record.Please remove all DT# 17_=2298 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County _ R.PT.S.A. t,i I t —� Held for Appointment Comm.of Ed. 5. GO- Transfer Tax Affidavit • �+ Mansion Tax The property covered bythis mortgage is Gerti$ed-Co ?s or will be improved by a one or two NYS Surcharge 15. 00family dwelling only. Sub Tota) Q, YES or NO Other Grand Total 42 a. 1 if NO,see appropriate tax clause on page# of this instrument. 01 d � 4 Dist. - 13 5 Community Preservation Fund 3577057 Sed �C�I� Real Propertyp T � IIIIIIIIII�UBICorisiderationAmount$ - . Tax Service R LpA Agency 1518-18 CPF Tax Due $ Verification' Improved _ Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD&RETURN TO: Vacant Land TD William Boulier,Esq. P.O.Box 791 TD Manorville,NY 11949 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# S Suffolk County Recording & Endorsement Page This page forms part of the attached EASEMENT made by: (SPECIFYTYPE OF INSTRUMENT) Capital Asset Retirement Fund LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In theTOWN of Southold Capital Asset Retirement Fund LLC In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over pT . ,� LPA A' Stat ID: 3577057 15-FEB-18 Tax Maps District Secton Block Lot School District 1000 12700 0800 017003 MATTITUCK-CUTCHOGUE 1000 12700 0800 017004 MATTITUCK-CUTCHOGUE DECLARATION OF EASEMENT This Declaration and agreement is made the y day of February 2018 by CAPITAL ASSET RETIREMENT FUND LLC, (hereinafter"CARF")with an address at 35 Merion Circle, Wading River,New York 11792. WHEREAS,CARF is the owner of an unimproved parcel of land(hereinafter the "Vacant Parcel")more particularly described in Schedule A, SCTM No. 1000; 127.00; 08.00; 017.003 and known by the street address of Great Peconic Bay Boulevard, Southold,New York and CARF is also the owner of an improved parcel of land (hereinafter the"Improved Parcel")more particularly described in Schedule B, SCTM No. 1000; 127.00; 08.00; 017.004 known by the street address of 2445 Peconic Bay Boulevard,Southold,New York;and Whereas the parcels are contiguous, adjoining and have a common boundary line; and Whereas the Vacant Parcel is about to be sold and CARF wishes to establish and guarantee access to the Improved Parcel across the Vacant Parcel; and Whereas CARF desires to create a driveway easement for automobiles and any other vehicles which will benefit the Improved Parcel described in Schedule B and burden the Vacant Parcel described in Schedule A. The,easement over the Vacant Parcel herein granted is described on the attached Schedule C. The non-exclusive easement shall benefit the parcel described in Schedule B, and shall allow the use of the easement area for ingress and egress from said property described in Schedule B to the public road and for parking only in current existing parking areas within the easement area, as depicted on the survey of Nathan Taft Corwin III,Land Surveyor, dated December 22, 2017 (updated January 14,2018). The benefitted property's use of the easement is limited to the easement area directly benefitting such property. The owner of the parcel described in Schedule B agrees to at all times maintain and make necessary repairs, at his or their own expense, should the driveway and parking area require same for its proper upkeep and maintenance,but shall not be permitted to enlarge the current drive and parking areas or further clear any additional vegetation. Further, it is agreed that at no time may the easement area be further improved, and paving,edging or other improvements are prohibited. Further, said owner agrees and acknowledges that the County of Suffolk and Town of Southold,their successors and assigns, shall not be responsible or liable in any way for the repair and maintenance of the easement area and the parking and drive areas thereon. Page 1 of 2 Previous driveway and/or parking easements or rights of way to the Improved Parcel for these same purposes are hereby extinguished. The easement shall run with the land and be binding upon all parties,their heirs, successors,grantees and assigns. CAPITAL AS T RETIREMENT FUND LLC BY ,t EP' JMAAIa/A RACto/A, /K 40 ��;�� tvt err,te e✓r' State of New York ) l ) ss: ; County of Su�M`` ) On the 9-"" day of February 2018,before me the undersigned,personally appeared Josef personally known to me or proved to me on the basis of satisfactory evidence,to be the individual(s)whose name(t) is (ar6) subscribed to the within instrument and acknowledged to me that(he)(she)ftkey) executed the same in(his)(hervr ir) capacity(ies),and that by(his)0mT)(fiwir) signature(s)on the instrument,the individual(.&) or the person upon'behalf of which the ; individuals)acted, exe d the instrument - - Notary Public William B BouTier Notary Public,State of N.Y. No.02BO5059867 Qualified in Suffolk County Commission Expires May 6,201$ State of New York ) ss: County of On the day of February 2018,before me the undersigned,personally appeared 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 Notary Public Page 2 of 2 Schedule A Description Title Number FPA4819-5 Page 1 'AMENDED 9/11/17 ALL that certain plot, piece or parcel of land situate lying and being in the town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly line of Peconic Bay Boulevard at the southwesterly corner of land now or formerly of Ellen M. Braunstein Living Trust and the southeasterly comer of the and herein described; RUNNING THENCE along the said northerly line of Peconic Bay Boulevard South 39 degrees 22 minutes 10 seconds West-actual(South 51 degrees 30 minutes 00 seconds west-deed), 110.61 feet to a monument and the land now or formerly of Anne Marie McVeigh; THENCE along said lands of McVeigh, being also along the westerly line of a 50 foot right of way, North 38 degrees 17 minutes 20 seconds West-actual (North 26 degrees 09 minutes 30 seconds west-deed), 200 feet to a monument; • THENCE continuing along,said,land of McVeigh, south 39 degrees 22 minutes _ ,1,Q seconds West-actual.(South'51 degrees 3Q minutes west-deed), 90 feet; THENCE along the lands now or formerly of Tristate Capital Holdings LLC, the following two (2) courses and distances: 1. North 38 degrees 17 minutes 20-seconds West-actual (North 26 degrees 09 minutes 30 seconds west-deed), 173.30 feet;and 2. South 51 degrees 26 minutes 40 seconds West-actual (South 33 degrees 11 minutes west-deed), 72.08 feet; THENCE Northery, along said Bushes Creek, the following (11) courses and distance; 1. North 40 degrees 05 minutes 31 seconds West, 10.02 feet; 2. North 41 degrees 51 minutes 15 seconds West, 148.64 feet; 3. North 38 degrees 13 minutes 10 seconds West. 93.58 feet; 4. North 46 degrees 39 minutes 17 seconds West, 124.92 feet; 5. North 48 degrees 07 minutes 37 seconds West, 150.89 feet; 6. North 42 degrees 04 minutes 56 seconds West,. 94.29 feet; 7. North 50 degrees 46 minutes 50 seconds West, 118.59 feet; 8. North 56 degrees 44 minutes 12 seconds West, 145.61 feet; 9. North 68 degrees 01 minutes 15 seconds West, 85.72 feet; 10. North 50 degrees 26 minutes 07 seconds West, 91.70 feet; Continued On Next Page Schedule A Description-continued Title Number FPA4819-S Page 2 11. North 35 degrees 12 minutes 42 seconds West, 42.89 feet to the lands now or formerly of Jeffry Hallock; THENCE along said land now or formerly of Jeffry Hallock, North 57 degrees 26 minutes 58 seconds East-actual (North 69 degrees 59 minutes 40 seconds east-deed), 591.17 feet to lands now or formerly of Half Hollow Nursery Realty Corp.; THENCE along said land of Half Hollow Nursery Realty Corp., South 33 degrees 02 minutes 23 seconds East- actual (South 20 degrees 14 minutes 40 seconds East-deed, 905.68 feet; THENCE South'57. degrees 37 minutes 30 seconds West, 150.00 feet; THENCE South 32 degrees 22 minutes 30 seconds East, 150.00 feet; THENCE South 82 degees 22 minutes 00 seconds East, 94.00 feet; THENCE North 57 degrees 37 minutes.30 seconds East, 78.00 feet; THENCE South 32-degrees22,,m1nutes'30:second.s-East,-1,89.58 feeet to the point or place of Beginning. DISTRICT: 1000 SECTION: 127:00 BLOCK: 08.00 - LOT: 017.003 Premises known as: Great Peconic Bay Blvd., Southold, New York SG 11 ea�v�e. 8 Legal Description of 300 Private Road#4,Laurel,New York Suffolk County Tax Lot No. 1000-127-08-17.4 ALL that certain plot,piece or parcel of land, situate,lying and being at Laurel,Town of Southold, County of Suffolk and The State of New York,bounded and described as follows: BEGINNING at a point along the westerly line of land now or formerly Robert R.Johnson and Margaret A.Feeney at the southeast porner of land to be herein described, said point being also " the following two(2) courses and distances as measured from the westerly end of a curve having a radius of 34.86 feet and a length of 42.38 feet connecting the northerly side of Peconic Bay Boulevard with the westerly side of Wendy Drive: (1) South 38 degrees 55 minutes 30 seconds West along the northerly side of Peconic Bay Boulevard, 106.97 feet to a point; — ° (2) North 32 degrees 22 minutes 30 seconds East along the westerly lines of land now or formerly of Ellen M.=Braunstein Living Trust,and Robert R.Johnson and Margaret-A:Feeney;199.58 feeti to'the truepoint or`pace of Beginning,= y- RUNNING THENCE through land now or"formerly Capital Asset Retirement Fund LLC the following four(4) courses: (1) South 57 degrees 37 minutes 30 seconds West,78.00 feet to a point; (2) North 82 degrees 22 minutes 00 seconds West,94.00 feet to a point; (3) North 32 degrees 22 minutes 30 seconds East, 150.00 feet to a'point;. (4) North 57 degrees 37 minutes 30 seconds East, 150.00 feet to a point along the westerly line of land now of formerly Philippe A. Millen and Pamela J Millen Trust; RUNNING THENCE South 32 degrees 22 minutes 30 seconds East along the westerly line of lands now of formerly Philippe A. Millen and Pamela J.Millen Trust, and Robert R.Johnson and Margaret A.Feeney,210.43 feet to the point or place of Beginning. Legal Description of Right of Way at 2445 Peconic Bay Boulevard,Laurel,New York — ALL that certain plot,piece or parcel of land,situate, lying and being at Laurel, Town of Southold,County of Suffolk and The State of New York,bounded and described as follows: BEGINNING at a point along the northerly side of Peconic Bay Boulevard at the southeast comer of land to be herein described, said point being also the following two(2)courses and distances as measured from the westerly end of a curve connecting the northerly side of Peconic Bay Boulevard with the westerly side of Wendy Drive: (1) South 38 degrees 55 minutes 30 seconds West, 106.97 feet to a point; (2) South 39 degrees 22 minutes 10 seconds West, 85.02 feet to the true point or place of Beginning; RUNNING THENCE South 39 degrees 22 minutes 10 seconds West,25.59 feet to a point at the southeast corner of land now or formerly Anne Marie McVeigh; RUNNING THENCE North 38 degrees_17 minutes 20 seconds West along the easterly line of above said land,200.00 feet to a point; RUNNING THENCE through land now,or formerly Capital Asset Retirement Fund LLC the following three(3)courses: (1) North 89 degrees 21 minutes 23 seconds West,58.86 feet to a point; (2) North 32 degrees 22 minutes 30 seconds West, 53.65 feet to a point; (3) North 57 degrees 37 minutes 30 seconds East,.25.00 feet to a point along the . westerly line of other lands`gf.Cap}tal'AssetRetirement Funding LLC;, RUNNING THENCE along the westerly and southerly lines of above said land the following three(3)courses and distances: (1) South 82 degrees 22 minutes 00 seconds East, 94.00 feet to a point; (2) North 57 degrees 37 minutes 30 seconds East, 30.87 feet to a point; RUNNING THENCE through land now or formerly Capital Asset Retirement Fund LLC the following three(3)courses: (1) South 38 degrees 17 minutes 20 seconds East,50.00 feet to a point; (2) South 57 degrees 37 minutes 30 seconds West, 56.00 feet to a point; (3) South 38 degrees 17 minutes 20 seconds East, 167.37 feet to the,point or place of Beginning Easement Area being 12,430 sq. ft. OF N rIL ic'ti -10 SURVEY OF RIGHT OF WAY SITUATE LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-127-08-P/0 17.3 SCALE 1"=30' DECEMBER 22, 2017 JANUARY 14,2018 UPDATE(WOOD PILE REMOVED) JANUARY 29 2018 SET EASEMENT CORNER MMONUMENIS ° AREA= 12,430 sq ft. 'o0 0285 ac �i 4z 4�^ Ao 1t30 \ � P '� V•OS a .\ c+00 9 o BMs moo. o PO 1. !y 000 90 � R s m� \ BCG s' 0 S0 5•'1800 J J o N 82.22'00" W ••• "p96so'c o: 5.,o '•i ti ex 2x oa_E 940 �, i wcx3 .Aar"•:•"L` ,:sem' t, R=34 86 Qla J J :�• 4 .-�,s-pR;.vr ,�. b N"•f" n y �j Z�Z ��--•?-_•-_vim_- '� •tom.• Js�S N a F. ell N 99 21'21'W irs 5Et 96' _ �•' '22O ry`1' � -�•_� `rte. yh Jr f0• h L .o-�"j•. a X. Nathan Taft Corwin III ",, „•R Land Surveyor S.--to s—, I H.—J,LS •r [axs°[up Josey I^9p9^p l6 Roe Sureys-SWY"swm-Sfe Pone- CMSIN[Mn fgoor PHONE(611))2)-2090 fps(631)12]-1)21 rvmx.¢mrus°xs sp xm mws O1n66 IOGRD nr capon tie"1p 119s1 Jp capon.Ne.ron 11 9.1 xv�NO,p�Owrv�v['rsG4�a +� N V - P R O P E R T Y R - E C O R D S BRUSHES CREEK PROPERTIES Tristate Capital Holdings Corp. SCTM #1000-127.-3-8(5.1734 acres) 2250 North Oakwood Drive, Laurel Capital Asset Retirement Fund, LLC SCTM #1000-127.-3-9.2 (1.8333 acres) 560 Diachun Road, Laurel SCTM #1000-127.-8-17.2 (0.7431 acre) 2295 Great Peconic Bay Boulevard, Laurel SCTM #1000-127.-8-17.3 (10.6909 acres) 2445 Great Peconic Bay Boulevard, Laurel Jeffry Hallock SCTM #1000-127.-3-10.2 (3.3625 acres) 430 Diachun Road, Laurel Hallock Holding Corp. SCTM #1000-127.-3-10.3 (1.7289 acres) No# Diachun Road, Laurel to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD, as tenants-in-common Open Space Acquisition: 23.5321 total acres Closing held at H. Lee Dennison Building in Hauppauge on Friday,April 20, 2018 from left to right: Janet Longo,Jeffry Hallock, Melissa Spiro MELISSA A.SPIRO ®�OSVFF��/f'`►OG OFFICE HOallCA ex ' 20*2 LAND PRESERVATION COORDINATOR y. .f,� 54375 State Route 25 melissa.spiro@town southold.ny.us t (comer of Main Rd&Youngs Ave) Southold,New York Telephone(631)765-5711 W- Facsimile(631)765-6640 iv �� MAILING ADDRESS: �a® 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 Planning Board Town Attorney Trustees Town Comptroller Director of Public Works The Nature Conservancy Peconic Land Trust, Inc. Suffolk County Division of Real Estate Data Processing From: Melissa Spiro, Land Preservation Coordinator Date: April 24,2018 Re: CAPITAL ASSET RETIREMENT FUND. LLC—TRISTATE CAPITAL HOLDINGS. LLC—HALLOCK HOLDING CORP.—JEFFRY HALLOCK(individually and collectively known as "Brushes Creek Properties"to COUNTY OF SUFFOLK AND TOWN OF SOUTHOLD Open Space Acquisition—23.5321 acres } Please be advised that the Town&County have acquired the open space properties listed below. If you would like any additional information regarding this purchase, please feel free to contact me. SCTM#: 1000-127.-3-8(5.1734 acres) 1000-127.-3-9.2(1.8333 acres) 1000-127.-3-10.2(3.3625 acres) 1000-127.-3-10.3(1.7289 acres) 1000-127.-8-17.2(0.7431 acre) 1000-127.-8-17.3(10.6909 acres) LOCATION: n/s of Peconic Bay Boulevard,east of Brushes Creek, Laurel OPEN SPACE ACREAGE: Total Acreage of six parcels—23.5321 acres PROPERTY OWNERS: Tristate Capital Holdings Corp. (as to lot 8) Capital Asset Retirement Fund, LLC (as to lots 9.2. 17 2& 17.3) Jeffry Hallock(as to lot 10.2) Hallock Holding Corp. (as to lot 10.3) PURCHASE DATE: Closing took place on April 20,2018 in Hauppauge, NY PURCHASE PRICE: $2,133,577.50(undivided interests as tenants in common) (79%County=$1,685,526.23/21%Town=$448,051.27) FUNDING: partnership between County of Suffolk(79% undivided interest)and Town of Southold(21%undivided interest)for acquisition and closing costs. County funding—County New Drinking Water Protection Program, as amended and effective 12/1/2007 and the County Old Drinking Water Protection Program, as in effect 11/30/2000;Town funding—Community Preservation Fund 1 Page 1 of 2 Tristate Capital Holdings Corp._$175,000.00 10 (County=$138,250.00/Town=$36,750.00) Capital Asset Retirement Fund, LLC=$325,000.00 (County=$256,750.00/Town=$68,250.00) Capital Asset Retirement Fund, LLC=$18,577.50 (County=$14,676.23/Town=$3,901.27) Capital Asset Retirement Fund, LLC=$900,000.00 (County=$711,000.00/Town=$189,000.00) Jeffry Hallock=$375,000.00 (County=$296,250.00/Town=$78,750.00) Hallock Holding Corp. _$340,000.00 (County=$268,600.00/Town=$71,400.00) MISCELLANEOUS: The purpose of this acquisition is for the preservation of open space and passive recreational purposes. Page 2 of 2 OFFICE LOCATION: MELISSA A.SPIRO S0�/jyO Town Hall Annex LAND PRESERVATION COORDINATOR �O l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 G Q Facsimile(631)765-6640 �` ® a� MAILING ADDRESS: Oly&UffN, P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD April 25, 2018 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re: Notice of New Owners SCTM#1000-127.-3-8 (5.1734 acres) SCTM#1000-127.-3-9.2 (1.8333 acres) SCTM#1000-127.-3-10.2 (3.3625 acres) SCTM#1000-127.-3-10.3 (1.7289 acres) SCTM#1000-127.-8-17.2 (0.7431 acre) SCTM#1000-127.-8-17.3 (10.6909 acres) Dear Gedrge: Please be advised that on April 20, 2018, the County of Suffolk and Town of Southold, with undivided interests and as tenants-in-common, purchased the properties identified above for open space preservation purposes. The properties were formerly owned individually by Tristate Capital Holdings, LLC, Capital Asset' Retirement Fund, LLC, Hallock Holding Corp., and Jeffry Hallock. All future real property tax bills should be sent for payment directly to the County of Suffolk at 330 Center Drive, Riverhead, NY 11901 until such time as the properties are declared exempt by the Town Assessors. Very truly yours, Melissa Spiro Land Preservation Coordinator /md cc: Southold Town Assessors �o��oF so�ryolo SCOTT A.RUSSELL Town Hall, 53095 Route 25 ' SUPERVISOR P.O. Box 1179 G • Southold, New York 11971-0959 Fax (631) 765-1823 Oly'rom� Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD August 29, 2018 Kevin W. Webster, Chairman Board of Assessors 53095 Main Road Southold,NY 11971 Re: Request for Merger of Tax Map Lots Brushes Creek property acquisition Dear Kevin: On April 20, 2018, the Town of Southold, in partnership with the County of Suffolk with an undivided interest as tenants-in-common, purchased fee title to the following tax map parcels in the vicinity of Brushes Creek in Laurel for the purpose of open space land preservation: 1. 1000-127.-3-8 (5.1734 acres) 2. 1000-127.-3-9.2 (1.8333 acres) 3. 1000-127.-3-10.2 (3.3625 acres) 4. 1000-127.-3-10.3 (1.7289 acres) 5. 1000-127.-8-17.2 (0.7431 acre) 6. 1000-127.-8-17.3 (10.6909 acres) In my official capacity as Supervisor of the Town of Southold, I hereby request that the six (6) parcels listed above be merged into one tax map parcel. It is my understanding that the County supports the merger and will be providing you with a formal request letter in the near future. Sincerely, CUTe00c�.vwc.L Scott A. Russell 'U L� t Southold Town Supervisor 1111 (E� cc: Land Preservation Dept. AUG 2 9 2018 E DEPT.OF LAND COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Theresa Ward Department of Commissioner Economic Development and Planning September 4,2018 Kevin W. Webster, Chairman (r�" {{� Board of Assessors `� L� ��' 53095 Main Road Southold,New York 11971 - SEP 4 '2018 Re: Request for Merger of Tax Map Lots Brushes Creek property acquisition DEPT Of LAPJD L--Pf_ESEWAFJQN Dear Mr.Webster: - On April 20,2018,the County of Suffolk, in partnership with the Town of Southold with an undivided ' interest as tenants-in-common,purchased fee title to the following tax map parcels in the vicinity, of Brushes Creek in Laurel for the purpose of open space land preservation: 1. 1000-127.00-03.00-008.000 (5.1734 acres) 2. 1000-127.00-03.00-009.002 (1.8333 acres) 3. 1000-127.00-03.00-010.002 (3.3625 acres) 4. 1000-127.00-03.00-010.003 (1.7289 acres) 5. 1000-127.00-08.00-017.002 (0.7431 acres) 6. 1000-127.00-08.00-017.003 (10.6909 acres) The County of Suffolk herby requests that the six(6)parcels.listed above be merged into one tax map, parcel. It is our understanding that the Town supports the merger as per the Town Supervisor's letter to you dated August 29,2018. Sincerely, J Sarah Lansdale Director of Planning cc: Lauretta R. Fischer, Chief Environmental Analyst, Division of Planning and Environment Jason Smagin,Director, Division of Real Estate Janet Longo, Acquisition Supervisor H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,117"FI 0 P.O.BOX 6100 ■HAUPPAUGE,NY 11788-0099 ■(631)853.4800 N E W S A R T I C L E ' Brushes Creek in Laurel set for preservation purchase by Paul Squire 08/17/2016 4:00 PM io.........�.r... , Land preservation in Suffolk County started long before 1998, when voters in the five East End towns authorized a 2 percent real estate transfer tax to support a Community Preservation Fund. Back in the '80s,the county and its 10 towns set up an account with drinking water funds that was used to pay for land preservation purchases. But some of the money allocated from that fund to Southold Town was never used and sat in the account for decades,waiting for someone to"find"it, said Suffolk County Legislator Al Krupski. That is, until last year, when an employee in the county's budget review office discovered$1.2 million that had been set aside for Southold Town's land acquisitions and was still available. The county and town now plan to use that"found"money to purchase and preserve nearly 26 acres of creekfront property in Laurel, officials said. "This was quite a process,"Mr. Krupski said. The western side of Brushes Creek, off Peconic Bay Boulevard, has already been developed with homes and side streets, Mr. Krupski said. But the plan to buy six parcels from property owners on the eastern side, using a combination of CPF money and the previously forgotten funds, will prevent any more homes from going in. "This starts the preservation effort on a nice creek connected directly to Peconic Bay,"Mr. Krupski said, adding that future land preservation purchases could target nearby farmland. Southold Town land preservation coordinator Melissa Spiro said the six parcels will cost$2.13 million,but officials said about$1.2 million of that purchase price is covered by the recently discovered funds. The town and county will split the remainder of the cost,Mr. Krupski said. That means county money will cover 79 percent of the overall purchase, leaving Southold Town to pay the remaining 21 percent, Ms. Spiro said. "It's giving us that 79 percent of the money to spend somewhere else," she said. Ms. Spiro said the land purchase will prevent future pollution from septic systems, fertilizers or storm runoff related to development. She added that trails could someday be cleared at the creek and that only light recreation, such as hiking or biking, would be allowed on site. "It'll remain in its natural state and be managed by the town and county," she said. However, a small chunk of property where there is an existing residence won't be purchased and will remain privately owned, Ms. Spiro said. The town and the homeowner will share a driveway that provides access to the creek and will work out an arrangement for its use once the sale of the rest of the property has closed. On Tuesday,Aug. 23,the Southold Town Board will host a public hearing on the purchase, Ms. Spiro said. She thanked Mr. Krupski for finding the funds to purchase the land along the creek, which had already been included on the town's land preservation wish list. "He was instrumental in putting the county side of this together," she said. psquirekfinnesreview.com Photo: The eastern edge (at right) of Brushes Creek in Laurel may soon be preserved after$1.2 million in county funding set aside decades ago for land preservation purchases was recently rediscovered. (Credit. Paul Squire) A 1 E R I A L M A P t twR w '1 ! ► ► , ripLaurel Lake Preserve ` y:1 r r Y State " Brushes Creek Properties n —► Huss Pon d , , a ■ Laure! r Oen ,. .- . Town Preserve County Park Space Sp n t Oen _ •_ , ` Easeme P , ace Town/CountyS p , , • O Park y. to Y �r• Space ♦. Dist { r , so '0 t AIN 1 �'P E , TOWn , „i Y . r_. p M - R�� hits � • „ , r w Grat , i r s e - , . econrc Park , , v District r 1 S ^, s J w v OS ., • w: ti , 1oo� 14 0 t , T win _ N Develo - ment p a Ile Fr •- � i r r j r - d h a , SOS a lb Aft do 4q; so IWA If �i r yy x: � r I I i I • • • I � • w ;m �, • �_ �+:' ^`. it ' 5, \r � nnn 4 ra •, � � � ,� �R SOS . . IV tp IIP •a A .. v ` , F ' Ilk Map Prepared by , R , r i; m . W „ x . w t. Y _ r �1 i v� i i T r N , u r`i{ , Town of Southold • • I • Information CountyAugust 10, 2016 Suffolk County Real Property Tax Service Agency ARDS and Tax Map Copyright 2016, of • . to e r ��• 1