Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Carnation Properties, Inc
1000-109-1-10.3 coo (Vk/a part of 1000-109-1=10.1) Baseline Documentation Premises: 23195 NYS Route 25 Cutchogue, New York 51.63 acres Development Rights Easement +S } CARNATION PROPERTIES, INC. to TOWN OF SOUTHOLD Easement dated July 31, 2018 Recorded October 23, 2018 Suffolk County Clerk — Liber D00012984, Page 159 e"s . SCTM #: 1000-109.4-10.3 (Vk/a part of 1000-109.4-10.1) Premises: 23195 NYS Route 25 Hamlet: Cutchogue Purchase Price: $ 392419847.70 (51.63 acres @ $62,790/buildable acre) Funding: Community Preservation Funds CPF Project Plan: Yes Total Parcel Acreage: 53.47 acres Development Rights: 51.63 easement acres Reserve Area: 1.84 acre Zoned: A-C (Agricultural-Conservation) Existing Improvements: In July 2018 - cultivated field; fallow field at southern end; partial tree lines along eastern & western boundary lines; wooded areas; fuel tank, pump & well along eastern boundary line; dirt farm road along eastern & northern boundary lines A P . P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, November 14, 2017 at 7.00 p m. Town Hall Annex Executive Board Room Members Present: Sam McCullough, Chairman Eric Keil Lillian Ball Doris McGreevy Will Lee Members Absent: John Simicich Anne Murray Also present: Melissa Spiro, Land Preservation Coordinator Tim Caufield, Peconic Land Trust Project Manager Holly Sanford, Peconic Land Trust Project Manager Commencement: • The meeting began at 7:05 p.m. with five LPC members present. EXCERPT FROM ADOPTED 11/14/2017 LPC MEETING MINUTES Land Preservation Applications and Inquiries: • SCTM#1000-109.4-10.1 (CARNATION PROPERTIES, INC./McCALL FAMILY HOLDINGS) PDR Application: Application review Land Preservation Coordinator Melissa Spiro presented new application for potential PDR on all by 80,000 sq ft around the existing house and barns. LPC will pursue purchase of a development rights easement as proposed if Town Board refers application to Committee to pursue. MOTION made by Lillian Ball, seconded by Will Lee, to direct Land Preservation Coordinator Melissa Spiro to commission an appraisal of the Carnation Properties, Inc. (SCTM #1000-109-1-10 1) property for the potential Town purchase of a development rights easement in accordance with the proposed concept plan, subject to Town Board referring application to LPC to pursue Motion carried 4/0/1 (LPC Chairman Sam McCullough abstained due to business relationship with proposed buyer) APPRAISAL REPORT of 23195 Main Road (NYS Rte. 25) Cutchogue,Town of Southold, New York 11935 a/k/a District 1000 Section 109 Block 1 Lot 10.1 DATE OF VALUATION December 7, 2017 PREPARED FOR Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 PREPARED BY Elinor Brunswick, MAI BRUNSWICK APPRAISAL CORP. P.O. Box 674 Rockville Centre, New York 11571-0674 INTRODUCTION 14 SITE DESCRIPTION Location: The subject property is located on the northerly side of Main Road (NYS Rte. 2S) southwest of Alvahs Lane, in the hamlet of Cutchogue, New York. Size and Shape: The subject property is generally rectangular in shape having 348.95 feet of frontage along Main Road (NYS Rte. 2S) containing 53.472 acres of land area. The northerly boundary line of the property has 523 feet of frontage along the Long Island Railroad tracks. Soil Condition and Topography: Topographically, the site is level and currently utilized for agriculture production of hay. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. Easements and Encroachments: No other easements or encroachments were uncovered. Utilities: Utilities are available at the site. Street maintenance, police and fire protection area are provided by the Town of Southold. Gas and electric are provided by the PSEG. Ingress and Egress: Access to the subject property is via Main Road (NYS Rte. 2S). Flood Zone: The subject property does not appears to be within 500-ft of a flood hazard. The subject property lies in the X-flood zone is an area that is determined to be outside the 1% and 0.2% annual chance floodplains according to the flood map # 36103CO163H dated 09/25/09. Improvements: The site is improved with a two story farmhouse dwelling that was recently renovated with a new kitchen and bathrooms, updated heating and electrical. The dwelling contains approximately 2,274 square feet of gross living area having a total of eight (8) rooms, four (4) bedrooms and two (2) full bathrooms. There is a full basement and central air conditioning. In addition, there is a large barn of 9,017 square feet having five bays, a concrete floor No interior inspection was conducted however photographs of the interior were available online through the Multiple Listing Service dated February 17, 2016. The dwelling was available for rent and was leased on May of 2016 for a reported amount of $3,000 per month. BRUNSWICK APPRAISAL CORP INTRODUCTION 1 AERIAL VIEW OF SUBJECT PROPERTY ti • S e Concept Sketch for Carnation Properties 7Q SCTM# 1000-109--1-10.1 CpA111tyNl Fr` '♦M,v nsh-.v ^rMi VH;we�t4kwt�('�1iirWJ.N7YA 5 fr.Y gtiMv Fa Ah^t+O1/ 7017 BRUNSWICK APPRAISAL CORP. INTRODUCTION 1 SUBJECT PROPERTY PHOTOGRAPHS Facing north at the subject property Facing south at the subject property BRUNSWICK APPRAISAL CORP. INTRODUCTION 16 SUBJECT PROPERTY PHOTOGRAPHS 1 Facing North BRUNSWICK APPRAISAL CORP. P U B L I C H E A R I N G RESOLUTION 2018-443 Sy� ya,^ ADOPTED DOC ID: 14076 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-443 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2018: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2018, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public heariniz for the purchase of a development rights easement on property owned by Carnation Properties, Inc. Said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of NYS Route 25 approximately 1482 feet west of Alvah's Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 51.6± acres (subject to survey) of the 53.472± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,790.00 (sixty-two thousand seven hundred ninety dollars)per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty four dollars) for the 51.6± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: James Dinizio Jr, William P. Ruland, Louisa P. Evans, Scott A. Russell ABSENT: Jill Doherty, Robert Ghosio LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2018, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Carnation Properties, Inc. Said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of NYS Route 25 approximately 1482 feet west of Alvah's Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 51.6± acres (subject to survey) of the 53.472± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,790.00 (sixty-two thousand seven hundred ninety dollars) per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty four dollars) for the 51.6± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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: May 8, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on May 17, 2018 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website SOUTHOLD TOWN BOARD PUBLIC HEARING May 22, 2018 4:32 PM Present: Supervisor Scott Russell Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Absent: Justice Louisa Evans Town Attorney William Duffy Deputy Town Clerk Lynda Rudder This hearing was opened at 5:06 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2018, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Carnation Properties, Inc. Said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural- Conservation (A-C) Zoning District and is situated on the northerly side of NYS Route 25 approximately 1482 feet west of Alvah's Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 51.6± acres (subject to survey) of the 53.472± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,790.00 (sixty-two thousand seven hundred ninety dollars) per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty four dollars) for the 51.6± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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 Development Rights Easement, Carnation Properties May 22, 2018 page 2 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have an affidavit that this was published on the Town Clerk's website and bulletin board. I also have a letter that this has been advertised in the Suffolk Times. I have a memorandum from the Planning Board Office that there is a negative declaration for a SEQRA review and LWRP letter that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. That's it. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular local law to please feel free? COUNCILMAN GHOSIO: Typically Melissa Spiro would be here to make the presentation. As you can see, we have got a copy of the map here. I am going to speak for her, she did send me some information. As noticed, this public hearing is for the town to acquire development rights easement for agricultural purposes using community preservation funds. The farm is shown outlined in red on the map. The white labels indicate farms protected by either the town or county farmland programs. As indicated, on the map all but two plus or minus acre area around the existing house and barn will be subject to the town developments right easement. The two acres has been designed as a development area for the farm and will remain part of the farm and linked to the area subject to the easement. The farm includes over 98 percent of prime agricultural soils. It is adjacent to over 60 acres of preserved lands and within a mile radius of the farm there are 39 protected farms totaling over 960 acres. The land preservation committee makes recommendations to the town board regarding agricultural properties for preservation. Preservation of this farm is supported by the Land Preservation Committee and the Committee recommended that the Town Board proceed with this project as proposed. That's all I have. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? COUNCILMAN RULAND: Yes, I would be remiss if I didn't address the Town Board. Certainly when you look at the map and I know it's very difficult to see the map when you are in the audience and putting it in perspective to where we are but traveling along Route 25, when we look at the amount of acreage of farmland that has been preserved, this while the depth of scope of this farm is hard to understand because it appears so small on the map, it's a large parcel and between the railroad and Route 25 it certainly is a prime piece of as Bob said, good soils and we certainly are appreciative that the owner has chosen to offer this to the town. This hearing was closed at 5:12 PM Lynda M. Rudder Deputy Town Clerk S E Q R A P U R C H A S E R E S O L U T I O N �P°� RESOLUTION 2018-513 ADOPTED DOC ID: 14077 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-513 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2018: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Carnation Properties, Inc. on the 22nd day of May, 2018, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-109.-1-10.1. The address is 23195 NYS Route 25 in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated at the northerly side of NYS Route 25, approximately 1482 feet west of Alvah's Lane in Cutchogue,New York; and WHEREAS, the proposed acquisition is for a development rights easement on approximately 51.6± (subject to survey) of the 53.472± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $62,790 (sixty-two thousand seven hundred ninety dollars) per buildable acre, estimated at $3,239,964.00 (three million two hundred thirty-nine thousand nine hundred sixty-four dollars) for the 51.6± acre easement, plus acquisition costs. Purchase price will be adjusted at time of closing based on final survey acreage determination; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value and its value as an aquifer recharge area; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Resolution 2018-513 Board Meeting of May 22, 2018 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Carnation Properties, Inc., identified as part of SCTM #1000-109.-1-10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review)of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LVW. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Updated: 5/22/2018 4:03 PM by Lynda Rudder Page 2 OFFICE LOCATION: O��QF SU(/jyOlO MAILING ADDRESS: Town Hall Annex ~ P.O Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) � • i0� Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 COUNT`1,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, LWRP Coordinator Date: May 15, 2018 Re: Proposed Purchase of a Development Rights Easement on Property Owned by Carnation Properties, Inc. SCTM #1000-109.-1-10.1 Location: 23195 NYS Route 25 in Cutchogue The Town of Southold is considering the acquisition of development rights on part of a property consisting of approximately 51.6±acres (subject to survey) of the 53.472±acre parcel owned by Carnation Properties, Inc. located within the Agriculture Conservation (AC) zoning district. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator INCUR© MAY 15 2018 T)EF10FLAND EFESERVATION OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��0� SO MAILING O. Box 1179 54375 State Route 25 ,`O l0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 cn �r www.southoldtownny.gov CoUNT`I PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board (SAY 15 2018 From: Mark Terry, Assistant Town Planning Director EF ,B ND P ERVATI Date: May 15, 2018 Re: Proposed Purchase of a Development Rights Easement on Property Owned by Carnation Properties, Inc. SCTM #1000-109.-1-10.1 Location: 23195 NYS Route 25 in Cutchogue The Town of Southold is considering the acquisition of development rights on part of a property consisting of approximately 51.6±acres (subject to survey) of the 53.472±acre parcel owned by Carnation Properties, Inc. located within the Agriculture Conservation (AC) zoning district. The north section of the parcel is located within the Special Groundwater Protection Area #3, a NYSDEC Critical Environmental Area. The extinguishment of development rights on the parcel will not result in a moderate to large impact on this Critical Environmental Area. The action have been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA). A Short Environmental Assessment Form is attached. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy,Town Attorney Melissa Spiro, Land Preservation Coordinator G17.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION To be completed by A 3plicant or Project Sponsor) 1 APPLICANT/SPONSOR 2. PROJECTNAME i uzl rcf CAV NNT,oy1j 3. PROJECT LOCATION: Municipality l OLVY1 0-r �oU � �` County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) SC-Tm'" [voo - log, - i - �0. 1 23 I g 5 N Y S OLJ'L 2S Crrt C I-ko 6 u C- 5. 5. PROPOS ACTION IS: New Expansion Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: of a PCvc-cAnr"LN'r R tGrtTS eA-semENr oN h- ('A2T of �fit� PG�r,PEQ t Y CoNs1sT%N b 4 1?9i20X. Sl,6 Afl,�S o F i rfC 53,472 tACDF F l 7. AMOUNT OF LAND AFFECTED: t Initially 51, (i' acres Ultimately 51, acres 8. WILL PR SED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes E] No If No,describe briefly — 9. WHAT IS ESENT LAND USE IN VICINITY OF PROJECT? Residential [] Industrial Commercial Agriculture Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR )? Yes N0 If Yes,list agency(s}name and pennWapprovals: 11. DOES ANY ASPECT OFTHE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 0 Yes No If Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PRO SED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVID1ED�jBOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsorname: 1�'I CJ f;Gh0 t r�sQrvc.�1 `w9c( Date: j Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Farm before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617 4? If yes,coordinate the review process and use the FULL EAF Yes VNo B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617 6? If No,a negative declaration may be superseded by another involved agency Yes LNo C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly N o C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly, N� C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: N� - C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: NO C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly. N� C6. Long ttP erm,short tern,cumulative,or other effects not identified in C1-05? Explain briefly: J - C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENITAL AREA(CEA)? E] Yes OINo If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes la-go If Yes,explain briefly: PART 111-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise.significanL.Each effect should be assessed in connection with its(a)setting.(i.e.urban or rural);(b).probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments.or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If.question D of Part 11 was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the.environmental characteristics of the CEA- Check EACheck this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FU and/or prepare a positive declaration. Check this box If you have determined,based on the information and analysis above and any supporting documentation,that the proposed action VV[L NOT result it any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination n,jA c�� 5.� �0� 1 � 911 t Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Respon ' r Signature of Responsible Officer in Lead Agency Signature Preparer If different res nsi ffioer) Special Groundwater Protection Area -- (Southold) Critical Environmental Area (CEA) Map #3 Effective Date of Designation: 2-10-88 Designating Agency: Suffolk Count a..�xr, •;. e � `\_''AKS: / S. L I T T L E 4. ' S 0 li T -H 0 L D u .. ' a.r � • T OR fA a:RA CS . • 4 • Legend p 1.5 3 ®Adjacent CFAs Miles ForAdjacent CEAs see Maps:Mill Creek Goose Creek, Q Special Groundwater Protection Area CEA Map#3 1 inch equals 1 miles Richmond Creek and Beach,Cutchogue Harbor,WestCreek Down's Creek,Robin's Creek Hails Creek Base Map.DOT 1:24,000 Planimetric Images Deep Hole Creek and SGPA Map#2. Disclaimer:This map was prepared by the New York State Department of Environmental Conservation using the most current data available.It is deemed accurate but is not guaranteed.NYS DEC is not responsible for any inaccuracies in the data. Please contact the designating authority for additional information regarding legal boundary descriptions. SGPA Maps 1 through 9 represent a portion of the SGPA designated as a Critical Environmental Area. E N V I R O N M E N T A L S U M M A R Y Doroski, Melanie From: awickham@wbglawyers.com Sent: Tuesday, July 24, 2018 11:54 AM To: Doroski, Melanie; 'DeFrese, Rob' Cc: Pressler, Brittney; Curry, David M.;Zick, Colleen; Lynne Krauza; Ikombrink@suffolklaw.com; aramunno@suffolklaw.com; Spiro, Melissa Subject: RE: 7404-000766 Town of Southold/Carnation Properties, Inc. We have been advised that the trucks have been removed and the property can be inspected. We are expecting a certificate of proper disposal shortly. Gail Wickham Wickham,Bressler&Geasa,P.C. 13015 Main Road P.O.Box 1424 Mattituck,New York 11952 631298-8353 631298-8565(Fax) awickham@wbglawyers.com " .iis e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom ey are addressed. This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited.If you have received this e- mail in error,please immediately notify the sender at 631-298-8353. B.P. WRECKERS, LTD. ROLL OF.F, MILL WRIGHTING, RIGGING AND TRUCKING SERVICE 1060 YD. CONTAINERS 631-765-2083 516-448-9878 FAX 631-765-6697 BOB PPL UGER 510 Yr,'NiVE(7 077DRIVE SOUTHOLD. ,i'E1-1 K)RK 11971 since 1976 July 24th 2018 DAVID M/CURRY FARRELL FRTTZ,P.C. 400 RXR Plaza. Uniondale, New York 11556 RE: Horton Estate, C*hogue - Carnation Properties Farm Truck Removal&Disposal Dear Sir, July 191h 2018,access and removal of 2 Farm Trucks& debris....$1,650.00 PLEASE FORWARD PAYMENT TO: "B.P.WRECKERS,LTD." at 510 YENNECOTT DRIVE,SOUTHOLD,NEW YORK 11971 Very t my your z1viv JAMES P.MULHALL THANK YOU Phase I Environmental Site Assessment 23195 Route 25 Cutchogue, New York NP&V Job #18139 June 22, 2018 CONFIDENTIAL AND PRIVILEGED Phase I Environmental Site Assessment 23195 Route 25 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This report is intended to identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment; ASTM E 1527-13 and United States Environmental Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AAI))on the subject property based on four (4) components of a Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix A provides a statement of limiting conditions. Appendix B includes the resumes of key personnel. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property consists of a 53.0± acre parcel of agricultural land, located on the northwest side of Route 25, approximately 0.4 miles west of Alvahs Lane. The property is more particularly described as Suffolk County Tax Map #: 1000-109-01-p/o 10.1. The surrounding area is lightly developed and contains residential and agricultural uses. The subject property consists of an irregularly shaped, parcel of farmland with small tracts of wooded land centrally located along the western and eastern property boundaries as well in the approximate center of the subject property. An irrigation pump and a 550 gallon above ground diesel fuel tank are located adjacent to the wooded area along the eastern property boundary and two (2) abandoned trucks are located within the small wooded area along the western property boundary. No buildings or structures were noted to be present during the reconnaissance of the subject property. There was evidence of minor or de minimus oil staining on the concrete cradle that supported the former pump motor which is no longer present. Aside from this minor staining, there was no other evidence of any significant staining, discharge, areas of stressed vegetation, residue of oils or other toxic substances, pools of discharge, petroleum or chemical odors, or other such indicators noted during the site reconnaissance. It should be noted that to the extent that access permitted, the soils around and underneath the abandoned trucks located on the subject property were inspected and no visual or olfactory evidence of staining, stressed vegetation or release of automobile fluids were observed. Aerial photographs from 1938, 1940, 1947, 1954, 1957, 1962, 1969, 1970, 1976, 1980, 1985, 1994, 2008, 2011 and 2015 were reviewed in order to determine if any prior uses occupied the subject property. All of the aerials depicted the property as farmland. The wooded areas of the property were noted to be fairly sparse in vegetation until 1969 when these regions become increasingly overgrown. The aerial from 1954 depicted a small structure in the eastern portion of the property where the existing irrigation pump was located and was assumed to be an early �F�kJ■ NELSON POPE&VO S,LLC ENVW4CX,X/'ENTAL•PI.MBvtNG•CONSULTW4G 23195 Route 25,Cutchogue Phase I ESA pump house. In the aerials from 1957 and 1962, a small structure was noted within the southeast corner of the wooded area located in the western portion of the property; however; it is unclear if this consisted of a permanent structure or a temporary shelter for equipment and machinery. This structure was not present in the 1969 aerial. In addition, the pump house noted previously was not depicted in the aerial photographs from 2008 to 2015. The USGS Quadrangle Maps which cover the subject property and surrounding area dated 1904, 1947, 1956 and 2013 were reviewed. All of the aerials depicted the subject property as cleared land and did not portray the presence of any structures. An extensive government records search did not identify any sources of environmental degradation on the property. Several State and no County or Federal documented regulated sites were noted in the vicinity of the subject property. Specifically, two (2) active and twelve (12) closed spill incidents were located within one-half(0.5) mile of the subject property as well as four(4) Petroleum Bulk Storage (PBS) facilities are located within one-quarter(0.25) mile of the subject property. A Tier 1 Vapor Encroachment Condition (VEC) Assessment was conducted as part of this Phase I ESA, due to the proximity of several spill incidents. The assessment was conducted in accordance to the methods and procedures, outlined within ASTM E2600-15, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions. For this assessment, under conditions where the direction of groundwater flow can be ascertained, critical search distances are used to determine if a VEC exists. Specifically, the following distances are applied to the Tier I Assessment: Upgradient Sources 1,760 feet for Chemical of Concern(COC) 520 feet for petroleum hydrocarbons Cross-gradient Sources 365 feet for COC 165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon sources with plume considerations Down-gradient Sources 100 feet for COC/petroleum hydrocarbon LNAPL sources 30 feet dissolved petroleum hydrocarbon sources Review of the regulatory agency database report provided for the subject property did not identify any sites within the critical distances for potential contamination sources. Based on this finding and the lack of potential impacted sites in the vicinity of the subject property, a VEC can be ruled out because it does not exist or is not likely to exist. This assessment has identified the following with respect to recognized environmental conditions, controlled recognized environmental conditions, historic recognized environmental conditions and de minimus conditions in connection with the subject property, subject to the eWF"11AENTAL.cuu4vING. Page 2 of 27 23195 Route 25,Cutchogue Phase I ESA methodology and limitations of this report; however, it is recommended that the irrigation well, pump and tank system near the east property line be maintained to ensure proper operation to prevent a release, and that the abandoned trucks on the west property line be removed from the site with proper disposition. No recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. No controlled recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. One (1) de minimus condition was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. 1. Minor staining was observed on the cradle that supported the former irrigation pump motor. No historic recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. This report was completed in accordance with the standards set forth in the ASTM E 1527-13 and the USEPA AAI. ASTM protocols identify asbestos containing material (ACM) as non- scope issues. In the interest of serving the client, observations concerning ACM are included herein. This visual assessment should not be considered an asbestos survey which would be required for building demolition and/or identification of all possible sources of ACM, regardless of health danger. Based on observations made during the site reconnaissance, the following is noted: 1. No ACM material was observed during the reconnaissance of the subject property. The observation noted above is not intended to eliminate any other possible sources which may or may not be present. NP&V has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 and USEPA AAI for the 23195 Route 25 property located in Cutchogue, New York. Any exceptions to, or deletions from, this practice are described in Section 11.0 of this report. In conclusion, this assessment has revealed evidence of one (1) de minimus condition in connection with the subject property, subject to the methodology and limitations of this report. PW, NELSON POPE 6 VOORHtS LSC E"ARCX1:MEN-t.L.PL-At'"NNG.C)NSULTu G Page 3 of 27 t ' .� � r, # •t �. f.�,' �fes" - �1 _. e '• f `� irk �� �! ' \ I i 23195 Route 25,Cutchogue „bandoned trucks Interiorof wooded Am • `iii �• � •� �, Abandoned trucks Abandoned trucks F � 4 23195 Route �R iew of site View of site !4� r t N Intenor of wooded area View of site 23195 Route 25,Cutchogue - .t .'�-'H� a 11�1•; �•��- •,11:1 1 Access ^t a w s roadway 23195 Route 25,Cutchogue igation equipment View of property from south to north y - View of property from south to north Irrigation equipment 23195 Route 25,Cutchogue 1 '>•r� �,;r��;r�,,����� "���,�' � bra , t fi• T iesel UST and pump Pump motor rack �R" •s AL PTS vk,� r r. - ` y 4 Wooded area along eastern property boundary Pump motor rack 23195 Route 25,Cutchogue i r ♦P yr r tst side access road Wooded area central portion of site 550 diesel AST Wooded area central portion of site 23195 Route 25,Cutchogue r Wooded area in western portion of site c L 0 s I N G S T A T E M E N T CLOSING STATEMENT CARNATION PROPERTIES, INC. to TOWN OF SOUTHOLD part of SCTM #1000-109.-1-10.1 Total Development Rights Easement— 51.63 acres Total Parcel Acreage— 53.47 acres Reserve Area — 1.84 acres Premises: 23195 NYS Route 25, Cutchogue Closing took place on Tuesday, July 31, 2018 at 10:30 a.m., Southold Town Hall Annex --------------------------------------------------------------------------------------------------------------- Purchase Price of $ 3,241,847.70 (based upon 51.63 buildable acres @ $62,790 per buildable acre) disbursed as follows: Payable to Carnation Properties, Inc. $ 3,241,847.70 Check#136542 (7/31/2018) Expenses of Closing: Appraisal Payable to Brunswick Appraisal Corp. $ 2,750.00 Check #134915 (2/13/2018) Survey Payable to Peconic Surveyors, P.C. $ 4,580.00 Check#136459 (7/17/2018) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,250.00 Check #136447 (7/17/2018) Title Report Payable to Fidelity National Title $ 13,718.00 Check #136557 (7/31/2018) Title insurance policy $ 12,713 Recording easement $ 535 Recording C&R's $ 450 Certified copies $ 20 $ 13,718 *Refund check ($ 345) $ 13,373 *received refund check#504009457 in the amount of$345.00 from Fidelity National Title for excess recording fees overcharged by Suffolk County Clerk (3/19/2020) Title Closer Attendance Fee Payable to Mary Kolakowski $ 150.00 Check #136580 (7/31/2018) Those present at Closing: Lisa Clare Kombrink, Esq. Attorney for Town of Southold David M. Curry, Esq. Attorney for Seller Russell McCall Fee Title Contract Vendee Abigail A. Wickham, Esq. Attorney for Contract Vendee Mary Kolakowski Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst ' l .•.A.. 1 h r.J.:f :'4t ./4yz \ e : & `y TOWN OF SOUTHQLD VENDOR .03319 CARNATION PROPERTIES, INC. 07/31/2018 CHECK 136542 ° FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2 .600.100 073118 CARNATN-51.e3AC DEV RG 3, 241, 847.70 TOTAL 3,241, 847.70 { �P \ JK NI •• .E'; ,. H Sa tY 6«i TOWN OF SOUTHOLD AUDIT 07/31/18 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971.0969 CHECK NO. 136542 THE SUFFOLK CON CUTCHOGUE,NY 11930NAL BANK DATE AMOUNT 50.546/214 07/31/2018 $3, 241,847 .70 THREE MILLION TWO HUNDRED FORTY ONE THOUSAND EIGHT HUNDRED FORTY SEVEN AND 70/100 DOLLARS �g�FFOt,�c PAY CARNATION PROPERTIES, INC. TO THE C/O MCH GROUP LLC o . ORDER 575 MADISON AVE, FL 10, STE 149 NEW YORK NY 10022-2511 110L36542u' 1:0 2 140 54641: 63 000004 011' BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P O Box 674 Rockville Centre,New York 11571-0674 (516)608-8877/(631)421-2344 FAX(631)424-9246 E-Mail:elinor@brunswickappraisal.com Sanford S.Brunswick Elinor Brunswick,MAI 1922-2013 State Certified General Appraisers Armand Brunswick,MAI 1881-1960 January 24, 2018 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25, P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: Carnation Properties, Inc. 23195 NYS Rte 25, Cutchogue, New York 1000-10-1-10.1 INVOICE-1000-34 Appraisal Report $2,750 i Thank You JAN 2 5 2018 DEFT. TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 02/13/2018 CHECK 134915 A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 1000-33 APPRAISAL-KRUPSKI PRPRTY 2,750.00 CM .8660.2.500.200 1000-34 APPRAISAL-MCCALL PROPRTY 2,750.00 \ TOTAL 5,500.00 Ol I J ^ J� I I TOWN OF SO UTHOLD AUDIT 02/13/18 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 134915 THE SUFFOLK CO NATIONAL BANK CUTCHOGUE,NY 11935 1 DATE AMOUNT 50-5481214 02/13/2018 $5,500.00 FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS AY ELINOR BRUNSWICK, MAI 7O THE BRUNSWICK APPRAISAL CORP ORDER PO BOX 674 0 • ROCKVILLE CENTRE NY 11571 11' 1349 1511• 1:0214051,641: G3 000004 Oum PECONIC SURVEYORS, P.C. Invoice SOUTHOLD, NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET 6/28/2018 3589 Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPT PO BOX 1179 SOUTHOLD NY 11971 P.O. No. Terms Project 14-118 Due on receipt Quantity Description Rate Amount 1 SURVEY UPDATE AND DVR EASEMENT WITH RESERVE PARCEL SHOWN. 4,580.00 4,58000 SCTM#1000-109-04-10.1 JUL 9 2018 DEPT.OF LAND QR Sr.RVAT10�J ppreciate your prompt payment. Total $4,580.00 Phone# 631-765-5020 Kf I F�� ! TOWN QF SPUTHOLD i VENDOR 016144 PECONIC SURVEYORS, P.C. 07/17/2018 CHECK 136459 A .'> FUND & ACCOUNT P\.O`# INVOICE DESCRIPTION AMOUNT, f . CM .8660.2.600.100 l 31887 3589 SURVEY-CARNATION,-DEV RTS 4,580.00 TOTAL 4,580.004 low ;1,: 4 -- -- --- --- xa 1 o r;7-T TOWN QF'SOUTHOLD _ `. AUDIT• 07'j'1?%'18 r ; 169095.MAIN.ROAD;POBOX1179 SOUTHOLD,'NY'1197T0959' CHECK',150: X13.6459' THE SUFFOLK CO 'NATIONAL BANK. DAVE. AMOUNT-. _ ' CUTCHOGUE,NY 11935 Ii r'{ ti' .i r d = = 0.7/I7/201!8_ `14 i41 ;• 66-546121:4. 'F' _ 'FOUR THOUSAND FIVE HUNDRED--EIGHTY,AND; 00'/10'0',-DOLLARS; ' PAYPECONIC SURVEYORS, j?.C. 7V ME '1230, TRAVELER STREET t = ^�► a - *: PO BOX 9 ORW09 y •' C � OF SOUTHOLD NY 11971 r+`' ' 11' 13645911' l:021405464l: 63 000004 011' i r ,P x 'y111VQIC@s:' s Nelson Pope Voorhis, LLC ; 4i' -° 572 Walt Whitman Road Melville, NY 11747 *. (631)427-5665 •, g; June 26, 2018" " Melanie Doroski. : : Project No:' V18X109.001,000 town-*o^fSouttioldDept-of'tand Preserv- Invoice No:' """ • ""1,7009""" v•. .__.__. . Town Nall. Project Manager Steven McGinn 53695-State Rt`25 SPC?.Box 1,179 .Southold;NY'1197.1' ; Project,-,.ti , r;`V8X169:001:000 23195 Route 25, Cutchogue wprofessibnal S/rrvic�sfr_'' :K ------ - ---- ----- -- .-- ''= ------ _----------- KEhas � bj�m_SA �_ 5/24/18 Contract-Phase IESA ------------- ----- ='�..=------------------- -------------- s ----------------- sem;--:r > :.•----Phase fESA- -- - --- -r " ' ..Task %d a. 13007 r ". ;... "¢t` ,Ptly?-Y 1,250.00, •� �,,� ,�. �,,; �• :,, ;.-.;� »� _ Total'tfiis ;;:' `: $,t250.0ot 0,,, • , . kr<:��r��:� r *���.�:� . •' .:Ta§k�.;°.`x $�; •. �S1�yG,.\�pf .,tk..+-:e' Yes l'iP. ,, „• .•OM1,Se Y 1?.N '^ 4„✓ : �a - S,, T "�'3�•' y`:tY}A i'�d"�.t ��'~ � y•"�: N*�_8^� t .t' . r,. t ?,x. r: r'k5' ;?otal>ttis,t?hase ° •.�a $,1.,250:00 K 5r `Cotal Vtfiis Iii�ioiceR ':$,1,250.00 • '1,,,a. .. •� r.Y�.'.s .'.¢t+'Snp � �s"� 1�fi'4, W�k a '�°jq`-•� `''�'.'+ 1 of - - �v�.:' � ,. ry1q 5':.�'1t�=71;...mg , • � ��Yom¢`' j�:��• .t .. '1` a•'3"`,.'• �.# C�..`•`�'n �'S 'I.Y•'a�.r^p` S.' ,..' 3.- $4��.ta^•y � �pr hw'tit i :�`�• 5 .. s s .. .`,X•j'i'x��'}-,N' ,; i' .'' =.1t� _ ,yxi'.�{ "'.:.a.�p :t ..q•. '�t :�' $-''' s - -`t` i b`f-'�'rY�.•'�ae6A Y.�.z:"`3,�`: ''`�' `i;� . � ann:� �•� / A �+��. 4 a��Pi��... .. , - �'� r • , �, a .1.�...yq�p�„a�{ Yi:t i w: � '.. '•:y4��” '' ,YM1¢Y 5'. J'Zry'��> ��'.Ey��i �i �+'Y''a:•`'fr�:;',f ax' r.k'.T�✓,A .�'1,�}}� r�k.. .p Y'�.;gA7;Fy•'� ,d. JUL 9 2018 DEPL OF LAND R SERVATIO All invoices are due net 30 days A late charge of 1%per month will be added to any unpaid balance after 30 days TO WW QF SOUTHOLD VENDOR 014161 NELSON POPE & VOORHIS, LLC 07/17/2018 CHECK 136447 A • \\ FVNI) & AqCOTJNT P.O.# INVOICE DESCRIPTION AMQIJNT \ '74 CM .8660.2.600.100 3188B 17009 CARNATION-DEVIi-ASEMENTS -2,250.00 : : pq TOTAL 1,250.00 CID hAR oq 4�'vv 4!tk 7 ---------- - ' To-IMOFSOUMOLD '.— AUDIT- 0'.7'/-Y7/1' 8'-' - 53095 MAIN ROAD,-PO BOX J.179 SOUTHOLD,NY 11971:0959 CHIfCk NO. 136447- TH&SUFFOLK'Cb •NATIONAL BANK CUTCHOGUE NY,I1935 DATE AMOUNT '50-'546/214' .07 1 ONE ---T'JfbV,9AND `TW HUNDRED- FIFTY AND 00/400 '66LILARS PAY 'NELSON- POPE & VObRiiIS, LLC TO THE, 5',-li :WALT WHITMAN ROAD, 0"WEY '� MELVILJ�E NY 11747' OF' E, 3 00000t, Olin 7404-000766 Fidelity National Title Insurance Services, LLC 24 Commerce Drive,Riverhead,NY 11901 []NYS GOOD FAITH ESTIMATE PHONE.(631)727-0600 1 FAX(631)727-0606 []FINAL STATEMENT [x]ESTIMATED STATEMENT Title No: 7404-000766 IClosing Date: 07/31/18 Closer: Applicant: Town of Southold Land Preservation Dept. Lender: Buyer: Town of Southold Lender Attorney: Seller: Carnation Properties,Inc. Seller Attorney: Farrell Fritz,P.C. Premises: 23195 Main Road County: Suffolk Cutchogue,NY 11935 Fee Amount: $3,241,847 70 Mortgage Amount: $0.00 COMPANY CHARGES Amount: Buyer/Borrower. Seller. Llender. Fee Premium$3,241,847 70 $12,713.00 Certified Copies $20.0 Total Company Charges: $ CORDING TAXES Amount: Buyer/Borrower Seller Leride . CPF Tax Exempt onve ance.Tax Exempt Total Recording Charges: CORDING CHARGES Amount: -Buyer/Borrower Seller. Lender. - Declaration of C$R(5 p s) $450.00 Easement(22 s) $535.00 Total Recording Charges: $985.0 f3TAL CHARGES: 513 718.0 '' CHECKS PAYABLE TO FIDELITY-NATIONAL TITLE INSURANCE SERVICES,LLC From: heck.No.: ?"r mOtint: Total Checks ST ALL'OTHER CHECKS From:. heck No. Amount: Total Other Checks OTAL.COLLECTED: NV Title Bill Page 7 of 2 (7404-000768/39)July 23,2018 11 03 AM m m m TOWN OF SOUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 07/31/2018 CHECK 136557 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2 .600. 100 7404-000766 CARNATION-TITLE INS PLOY 12, 713 . 00 CM . 8660.2 .600 . 100 7404-000766 CARNATION-RECRD EASEMENT 535.00 CM . 8660 .2 .600. 100 7404-000766 CARNATION-RECORD C&R'S 450.00 CM . 8660.2 .600 . 100 7404-000766 CARNATION-CERTIFD COPIES 20. 00 - TOTAL 13, 718 . 00 - M Q n N ' 'k • I • TOWN OF SOUTHOLD AUDIT 07/31/18 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 136557 THE SUFFOLK CO NATIONAL BANK CUTCHOGUE,NY 11935 1 DATE AMOUNT 50-546/214 07/31/2018 $13,718.00 THIRTEEN THOUSAND SEVEN HUNDRED EIGHTEEN AND 00/100 DOLLARS �gUfFO(,��o PAY FIDELITY NATIONAL TITLE INS CO 710 THE 24 COMMERCE DRIVE OF RIVERHEAD NY 11901 il' L36SS7115 i:02140SL. Pi: 63 000004 Oul `*** REAL ESTATE CLOSING**`* 504009357 Buyer/Borrower: Town of Southold Seller: Carnation Properties, Inc. Lender: Property: 23195 Main Road/Cutchogue Settlement Date. July 31,2018 Disbursement Date: March 18, 2020 Closer/Responsible Party: Check Amount: $345.00 Printed By: Penny L.Whyard Pay To: TOWN OF SOUTHOLD 7404-000766 For: Refund excess recording fees overcharged by Suffolk County Clerk r'- - ;r,;.;..::;TH£'FACE'tiF,TtItS:OOCUIViEN't tiAS;A`COt.O'FiED BACICGROYIHI);;CJti'INCH_IT',E Pllf?RR:YH_ERIVIOGF_tO Alp,&kidg' j, �.-r.�.,,',y.!';xe;ryr,F e�H��¢ - ..z•.n�A:. r,p:n>:.?#�M°°•v-.. ;;4'-z'�i.. �'•r .. �- .:7 - a>:a_�v>• x'�:,., w3 �t< .,J F�, '� yr�x.c' .x:r,"'r`"<�' .d," s�r..z.' s?e?;`n.' ^�a! 1,c'!•„ra, .r i :2t'r�.1 .j:i..:K: 'gd>r�•`r:e-ry;}_f .B S°'�_ i ,"k.,s:j.t.•' ',�: r.Y;'1"'; >u'`'t,. J .:"i ; 4,^_r.?f t,..�� ..F-,;L - 4 . i:�'+ _ .. w 1',+>rwr „�,•ter' r. t �.��,,,�.}?4�`•,?*,ir'�,j�.'.,�"{•.sy,�.f�..r�h�:d•'"�?Ws.Ld���.++" `'s"r' �:'u4�-'+"a..'r•' 'N`" •va:....' ••.t'.s�.w'"' ,t",yJ�n�'' -;s t�E_7deik"€+.Itwwnik.`:,:5, >., ;1� ..»�`.;. y..r ;,. �•ten ..C..:"`5'�;,.ryy .y. ,6..',-=f^'r� !�x�.i'r�+,..;.',1�4c' .f: .T�';'f%:.-h;`:e •'�^ LYS., h,y,•:7k' �`'`S`t,-�, b.::TIDELITXaNATIONAL�,TITLE- NSi 1 2ANCE>S�RV_lCES77,'LLC:' ;* Citlbank; bhp x. 3 laix'T Y, r•_f a n . " rS �. �'. .,. -,: r, 504009357„ ^pop-';7`. bp7",�a-.: �? 1 1 '^i+:,a. +?•+v.^z"t:`;�.w\ N..:\\t.,,�. y,330 Madison Ave`-`^r .s44 .}.., � .a k; Ft;,;r. :•NY FT.: LLGTtitstlCccotiiit Fl�F1=' 04't. �y�gty?: ..r�?` \:,. �• �:i..,. *'fr'.t . .. :G<x•-.r,fa{3t }:€ ..;'+-4.,ir+n- <++;ai `te+.. ....\ •„\•.3-w '+ }•r '.s ,y -..F;vy .rz - y ,y...,, :2'4,:Co m 4 *, ,.,,, �r irrd;{4 '„ r., ,';NewaYork,>Nl':(OQ17n,r {> m»erce Dave 'L• U -.Y:t'v.'o'6Sr:�`'Pi..fi .A• �\ ,�` �... `^e'• 4..t '-�. ."'�< lt;r';x^ �$:e. E`'y \.v'E., \\\`:;•'. ,,,. t.¢.a" ,• __-;$',•,. :C'•1'�_,a tv. 'f qe •is?'' v;a,,°'.x,:¢ - f:tivefiea ANY _0 a�: fid.. r` . ', '.• :a;a,•'•i;t t:'ti - ',meq.".',,..-`. ,a.; ..,xs. _ �tu�."i;,;Y„ d. crowNo404Q007.66.,4 �; ' :. <n -• _ �ar� t.x„�,, iw ?"� ;.%�. 7..&"� i, ..r..P;`�, .;`.tr°"'' t6'.rnf „e,, s�^,Y,r;•r�,, r:"er-. s;<'�;, :)" r.. .:•ni m�rrc,�•`".d4' o's.>^�;, t:•5'?t''y.� -«''fi'�:•=1��"u�^i>�.. ".7.y''` i a��t�`.° <S' t�,•:, `r:.A i'`_�fy,�,s '.s{�:'�5�; °yw.�s ,t,:.ts 1;)7 7-,Q�1�Q�'d ;.�:2'�'�J=��_-rj .e�y.vr. ..k-1... �"�_ r�i��.'i�` .}',;,r .,3�.:1' ..��:-�,•.s_ J`f��,s„ve. .3n tr ,._ ':-.= i('i t,,, ra, ``'. " .4,z .<i. .�,,y..4'«.fg�5,f ap'•`:a �'sr 'S'•�i • : ''." 21�'•M�' -t�r L,t `�r ''#^�:�. .Rr'"n^+,�vr,�"s'V:; *^.y, "r 'e:P' •a •�`"`'�' �t Y}••.•,;.�� t � _ ( ;+�cR,?^: '=ig4': ;il=,.r-3�'.9.1'"'�'.,'+'i '+' `�': �`.,�y,` `y ",`'t'a'•°`wy s '`,y,""1+ 't' Y'�'"�",y� P`4; '���`:%•�•� r^}t',v-°'1!sp 1/•;,="+.^r�',.::;�.. �„' t;.• _ i'y�..�.t:+f'; t• _„n'w;®° ,a" h ^•".->,.4',>. '., •r:.,w kta, Fs,�• ^.t 4.�d£;�.,+L f';4t{?: "'} ✓ : •.`'"i'%• -.�'�""` �y .•'':,t:: !.\*r €':v. "" °•"t i•dr'q'�"..01e.,"i'+s,-,v. �.^,'av T 'a'�'1•'". 'i8 F��+,'§ 'r...,'b '�,'��"°,S` 'Rv. --K:aya'�:..;�y -;,' ` '..>, r^..�a .�t,:,y y' ?:�;4 ''a:=• �,e t.., :a, n'i .'4f3X5:•6'3.F:'rd>%'"s A�"e r .r' 1 v ''.,} �,.-:4 ."'t1 r.`�""+"sr i�.<,,r..;:.:•C:;;'�,',•, J!'._`�,t,4;ti' Y- d" -r -Three�liundcedEo eand,QU1�1.QQ, .ro "1r ~ n. , f: a: sa>:"w.S.3:S..i'3 .aa.'°4�"r v'.'.isSi::,;F:.t:Yb+.^s:x=lwuf':ra�`�..'`XD�talp k7a,:,t:-:.'�'�"r;i. L�.'+YM1;'t-w��;.'i.�yp�'is�«.;��,. �,,.a,q;�;>,�r�•':: +�` �y fr � 1,"� �"" r !{ P ` 9a\�'2" '•:t ;e+y4FtgSs � -�'•�.`if�;5a:=-'^'y s'.•.'^.• •.•« Fi.••» y„:'t?•i,�..;li { t - ,>� � 'r„».,.;a•�.. �r`}� t� r.f:•. ,r,,�;ir•�rr'AMO.t1N7' - \�f s^ Y"F "���^:�tiaJ+r' :+yp r:.�yr�\,,,�..���``�t{„'".s�i�•_�..e�” ' ,� 1.��.Z�;�!!{'{^",,e' r^«r.�{!-� � -r+rP,"`�, .+ ,•'•a rj:, v `e t1+'yV./";'"+-,"»"'� 'S • hV•F.'+ .`a^ 1 4 ."x`A f.12 '1 "°'A.. .!'� Rv s:,.✓S':P.'4� F.•. 1J.a, -;00-W ,h -;r•r's"r `vi y <.:- '�`''j;� s,t...i�;�•:t+> it „� \' \,%.. f,•'- ,.� \., ��-';'x�, " (( PAY TOWN OF SOUTHOLD FTER9CUSODIAL DAYS,TWOSIG ATURE&T y >«y a,�i°.w "'sr."<✓`'`:j \ t• �s��V ID AFTER 90 DAYS,TWO SIO�IATUR `REOUIREO'' } TO THE P.O. Box 1179 ORDER OF Southold, NY 11935 J4lEf1QQ; Efurtd sxdesteCotsifneesavetcbar ad: Suffolk Coup ''Clerk2.R—'a`-1� SJONATOHE AREA COMM C 11'050400935711' 1:0 2 X0000891: 497859744511' TOWN OF SOUTHOLD VENDOR 011451 MARY KOLAKOWSKI 07/31/2018 CHECK 136580 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660 .2 . 600. 100 7404-000766 CARNATION-TITLE CLSR FEE 150. 00 TOTAL 150.00 i e m n v> , K n TOWN OF SOUTHOLD AUDIT 07/31/18 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 119710959 CHECK NO. 136580 THE SUFFOLK CO NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT 50-546214 07/31/2018 $150.00 ONE HUNDRED FIFTY AND 00/100 DOLLARS ao�OSpFFO(,�c�y� PAY MARY KOLAKOWSKI c oo/ TO THE 625 MARRATOOKA LANE o ORS ER MATTITUCK NY 11952 ttv dap` 11' 1365130,16 ':0 2 1405464l: 63 000004 011, R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 10/23/2018 Number of Pages : 23 At: 10:21 : 04 AM Receipt Number : 18-0198948 TRANSFER TAX NUMBER: 18-09760 LIBER: D00012984 PAGE : 159 District: Section: Block: Lot: 1000 109.00 01 . 00 010 .003 EXAMINED AND CHARGED AS FOLLOWS ed Amount: $3,241,847 .70 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $115. 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $0 . 00 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $360 .00 TRANSFER TAX NUMBER: 18-09760 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County /7F7] - 3 [1 F21 RECOREED tuber of pages '018 --1 '- 10-21.04 H14 jUDITH A. PHSCALE CLERI-.. OF This document will be public 91FFOLP COUNTY record. Please remove all L 000012904 Social Security Numbers P 151 prior to recording. DT# 10-09760 Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1. Basic Tax 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town—Dual County_ Held for Appointment Comm.of Ed. 5. 00 Y Transfer Tax Affidavit Mansion Tax Certified Copy — The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total 9,90 family dwelling only. Other I YES or NO Grand Total 36 O ' Db. If NO,see appropriate tax clause on page# of thisM nt. 6coo F�ind , 4 1 Dist. 3693417 1000 10900 0100 010003 5 Community Prese afiand oi lj Real Property RpVTITSA CidAm ount$ Tax Service Agency -AUG4 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land rj C�' TD TD xN TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title ComanInformation 310 Center Drive, Riverhead, NY 11901 Co.Name Fidelity Title Ins. Services www.suffolkcountyny.gov/clerk Title# --? "i 'c!-/- -'40 'n.0-7 co(0 . 8 Suffolk County Recordim & Endorsement Page r .0F --C>E'/E-)CP, e, T- This page forms part of the attached � )' !3 3, ?,--T F�-s-,- --h E„ y— made by: (SPECIFY TYPE OF INSTRUMENT) r -0- The premises herein is situated in ' —=e--)C SUFFOLK COUNTY,NEW YO;�. TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FLING. 12-0104-10108kk (nver) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 31st day of July, 2018 at Southold, New York. The parties are CARNATION PROPERTIES, INC. with an address at c/o MCH Group, LLC, 575 Madison Avenue, Floor 10, Suite 149, New York, New York 10022-2511 (herein called ""Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-109-1-10.1 more fully described in SCHEDULE ""A" attached hereto and made a part hereof and hereinafter referred to as the `Property" and shown on the survey prepared by Peconic Surveyors, P.C, dated November 20, 2014 and last revised July 11, 2018 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey")?and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently planted in a cover crop, with the exception of small wooded areas in the central portion of the Property; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, 1 preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the'Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of THREE MILLION TWO HUNDRED FORTY-ONE THOUSAND EIGHT HUNDRED FORTY-SEVEN AND 70/100 DOLLARS ($3,241,847.70) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule 4, free of any mortgages or liens as set forth in Fidelity National Title Insurance Services, LLC Title Report #7404-000766, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural, and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic, agricultural, and aesthetic values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's environmental, natural, scenic, 3 agricultural, and aesthetic resources and otherwise to aid in identifying and documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but is not limited to a survey prepared by Peconic Surveyors, P.C., dated November 20, 2014 and last revised July 11, 2018, and a Phase 1 Environmental Site Assessment dated June 22, 2018 by Nelson, Pope & Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the 4 "Town Code" or "Code") now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes:, the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. 5 The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for of THREE MILLION TWO HUNDRED FORTY-ONE THOUSAND EIGHT HUNDRED AND FORTY-SEVEN AND 70/100 DOLLARS ($3,241,847.70) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except after review by the Southold Town Land Preservation Committee ("Land Preservation Committee") for consistency with the Purpose and other terms of this Easement, and as permitted under other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in 6 connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property or adjoining properties which are subject to a development rights easement or other conservation instrument. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and 'including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with agricultural management practices. 8 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 9 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a Lawn on the Property, as set forth in 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. 10 Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i). Underground facilities used to supply utilities solely for the use and enjoyment of the Property or adjoining properties subject to development rights easement or other conservation instrument; (ii). New construction, including drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production; (iii). Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement 11 shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. 12 ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Transfer of Ownership Notwithstanding any obligation of or indemnity by Carnation Properties, Inc., Grantor in this Agreement, such obligation or ind.emnity shall cease as to Carnation Properties, Inc. upon it's transfer or ownership of the Property by Carnation Properties, Inc. to McCall Family Holdings, LLLP, the contract vendee, as to any acts or omissions occurring after such transfer. 13 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property annually at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within forty five (45) days' notice thereof by Grantee, weather_permitting, (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within forty five (45) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Property Owner and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any such easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that 17 court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement. in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 18 7 09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: CARNATIO PROPERTIES, INC., Grantor By: �'( Cathy Ikin Miller, President ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY Scott A. Russell, Supervisor 19 STATE OF NEW YORK) COUNTY OF NEW YORK), SS.' On the Q day o0u/y in the year 2018 before me, the undersigned,persona//y appeared Cathy Nelkin Miller,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, Signatur%>fce of individu king acknowledgement C,r\ r-b DANIELLE UNGARO NOTARY PUBLIC-STATE OF NEW YORK No. 01UN6233358 STATE OF NEW YORK ) Qualified In Nassau County COUNTY OFSUFFOLK ) SS,' My Commission Expires December 27,a O\g On thi,5 day of July in the year 2018 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signal r%ffce Ofindivi ua/ Fakif ij a now/edgement J�n,`c-\�e.tle L_ -TZ nnuS'RuJc�c, MICHELLE L. TOMASIEWSK, NOTARY PUBLIC-STATE OF NEW YORK No. O 1 TO6156671 Qualified in Suffolk County My Commission Expins NOWmbrr 27,2018 20 dt4 (,f, A Development Rights Easement Area: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southeasterly corner of land now or formerly of Pellegrini Holdings LLC from said point of beginning along said land Pellegrini Holdings LLC, the following five courses and distances: 1. North 29 degrees 41 minutes 20 seconds West, 291.25 feet, thence 2. North 29 degrees 25 minutes 50 seconds West, 1465.08 feet; thence 3. North 28 degrees 11 minutes 40 seconds West, 107.01 feet; thence 4. South 62 degrees 53 minutes 20 seconds West, 223.31 feet;thence 5. North 27 degrees 43 minutes 25 seconds West, 869.74 feet to land now or formerly of JB Tut Holdings LLC; RUNNING THENCE, along said lands, North 27 degrees 54 minutes 50 seconds West, 2113.31 feet to land or formerly of the Long Island Railroad; RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds East, 523.26 feet to land or formerly of WW Farms LLC; RUNNING THENCE along last mentioned the following five courses and distances, to wit: 1. South 29 degrees 13 minutes 30 seconds East, 2037.45 feet;thence 2. South 28 degrees 23 minutes 10 seconds East, 537.08 feet; thence 3. South 29 degrees 51 minutes 10 seconds East, 417.10 feet; thence 4. South 28 degrees 38 minutes 00 seconds East, 661.97 feet; thence 5. South 29 degrees 04 minutes 10 seconds East, 787.42 feet; RUNNING THENCE South 60 degrees 55 minutes 50 seconds West 199.48 feet; RUNNING THENCE South 28 degrees 08 minutes 30 seconds East 407.96 feet to the Northerly line of Main Road; RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50 seconds West, 146.66 feet to the point or place of BEGINNING. ' S o `e �LA I,e " Sit r Vii - — - — SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. \\ 1000-109-01-10.1 / \ SCALE.-1'=100' \ CULTIVATED NOVEMBER 10,1014 FIELD AINE 2018 XLY LY 21, .A1 9,2018018 6i �\ CULTIVATED FIELDOJLIIVATED \\ F EVD I DEVLLOPMENT RIp TS T EASEMENT AREA-51.63 ACRES �2! 2 Zc \� 1 � 1 2 4� CULTIVATED \,i CERDFIED TO: TORN OF SWTHOlO 9� /ES\ •� \\ CARNATION PROPINC. EML FMILY .OLD;NE LLLP o' 9 FIDELITY NATONAL TITLE INSURANCE SERVICES.LLC 00, I \ L \ D \ 9 ! s \\ p 9 po` ,�p'L ,\ S ` ` DETAIL'A' 0, \ h O DETAIL'A,. FAL \ _� 6.6 NnN,�9.n �•� P DEVB-OPMENT RIOFD6 EAEMENT AREA-5163 ACRES sows 717=— ..q,n a m.6.n.rwn.c RESERVE AREA- 164 ACREH •••iAfA6 R / .�urDrrncmN.rte,u TOTAL-5147 ACRES A 9At[YN�inp K NQ,9frb Q' / U MGOtl'C 3+/f�fYUf, e >MwOl�µNafR !L` m�a sfwtr 14-118 C O V E N A N T S R E S T R I C T I O N S SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 10/23/2018 Number of Pages : 8 At: 10 :21 : 04 AM Receipt Number : 18-0198948 LIBER: D00012984 PAGE : 160 District: Section: Block: Lot: 1000 109. 00 01 . 00 010 . 003 EXAMINED AND CHARGED AS FOLLOWS __jceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 .00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584. $0 . 00 NO Notation $0 .00 NO Cert.Copies $0 . 00 NO RPT $200 .00 NO Fees Paid $280 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DO ber of pages RECORDED :1018 UCt 10:1:04 Art Ji iiji T H A. Pu SCALE CLERK OF This document will be public _UFFOLk: COUNP,' record. Please remove all L D00012984 Social Security Numbers P i6ri prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing Stamps 3 1 FEES h J Page/Filing Fee U Mortgage Amt. 1. Basic Tax _ Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. � or EA-52 17(County) Sub Total © Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. DO Dual Town . Dual County_ � Held for AppointmentComm.of Ed. 5. 00 Transfer Tax Affidavit %(yAMansion Tax � The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other _ a Grand Total O ,03 If NO,see appropriate tax clause on page# of this instrument. 4 1 .00 ist. 3693418 1000 10900 0100 010003 5 Community Preservation Fund Real Property PTS Consideration Amount$ Tax Service R VIT A Agency CPF Tax Due $ Verification . Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORDc&RETURN TO: Vacant Land c-,J .-I \ a �l+ c l� TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 o.Name Fidelity Title Ins. Services www.suffolkcountyny.gov/clerk Title#—7 --f — �n -C�, o-7 %,o to 8J. Suffolk. County Recording & Endorsement Page This page forms art of the attached C � �'ci l'C�'made by: (SPECIFY TYPE OF INSTRUMENT) oP C-T i E- The premises herein is situated in Tn C SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 13-0104_10108kk (over) DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 31 st day of July, 2018, by CARNATION PROPERTIES, INC., with an address c/o MCH Group, LLC, 575 Madison Avenue, Floor 10, Suite 149,New York, NY 10022-2511, hereinafter referred to as the "DECLARANT. WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 23195 NYS Route 25, Cutchogue in the Town of Southold, County of Suffolk and State of New York designated as SCTM #1000-109-1-10.1, and shown on a survey prepared by Peconic Surveyors, P.C., dated November 20, 2014 and last revised July 11, 2018 (the "Survey"), a reduced copy of which is attached hereto and made a part hereof, and described in the metes and bounds description attached as Exhibit "A" and made a part hereof(the "Property"); and WHEREAS, the Survey shows a Development Rights Easement Area of 51.6 acres and a Reserve Area for 1.84 acres, both described in the metes and bounds descriptions attached as Exhibit`B" and "C", respectively; and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement dated July 31, 2018 for part of SCTM#1000-109-1-10.1; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board")has deemed it in the best interests of the Town of Southold (the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and, as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; and NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT shall not make an application for subdivision or separation or for any other relief from the Town of Southold that would allow the subdivision of the Reserve Area from the area of the Property which is subject to the Grant of Development Rights Easement. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this Declaration, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated,revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. CARNATION PROPERTIES, INC. d-V�r�.a4Itt-ate_ By: Cathy elkin Miller, President STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) On the atday of July, 2018, before me, the undersigned, personally appeared Cathy Nelkin Miller, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned. Ca"��w (�'- 'r, . , Notary Public DANIELLE UNGARO NOTARY PUBLIC-STATE Of NEW YORK No- 01UN6233358 Qualified in Nassau County My Commission Expires December 27,8018 Development Rights Easement Area: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southeasterly corner of land now or formerly of Pellegrini Holdings LLC from said point of beginning along said land Pellegrini Holdings LLC, the following five courses and distances: 1. North 29 degrees 41 minutes 20 seconds West, 291.25 feet, thence 2. North 29 degrees 25 minutes 50 seconds West, 1465.08 feet; thence 3. North 28 degrees 11 minutes 40 seconds West, 107.01 feet; thence 4. South 62 degrees 53 minutes 20 seconds West, 223.31 feet; thence 5. North 27 degrees 43 minutes 25 seconds West, 869.74 feet to land now or formerly of JB Tut Holdings LLC; RUNNING THENCE, along said lands, North 27 degrees 54 minutes 50 seconds West, 2113.31 feet to land or formerly of the Long Island Railroad; RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds East, 523.26 feet to land or formerly of WW Farms LLC; RUNNING THENCE along last mentioned the following five courses and distances, to wit: 1. South 29 degrees 13 minutes 30 seconds East, 2037.45 feet; thence 2. South 28 degrees 23 minutes 10 seconds East, 537.08 feet; thence 3. South 29 degrees 51 minutes 10 seconds East, 417.64 feet; thence 4. South 28 degrees 38 minutes 00 seconds East, 661.97 feet; thence 5. South 29 degrees 04 minutes 10 seconds East, 787.42 feet; RUNNING THENCE South 60 degrees 55 minutes 50 seconds West 199.48 feet; RUNNING THENCE South 28 degrees 08 minutes 30 seconds East 407.96 feet to the Northerly line of Main Road; RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50 seconds West, 146.66 feet to the point or place of BEGINNING. Reserve Area: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southwesterly corner of land now or formerly of WW Farms LLC said point being approximately 2073 feet Southwesterly along the Northerly side of Main Road from the intersection formed by the Northerly side of Main Road and the Southwesterly side of Alvah's Lane; RUNNING THENCE, along the Northerly side of Main Road, South 55 degrees 28 minutes 50 seconds West, 202.29 feet; RUNNING THENCE North 28 degrees 08 minutes 30 seconds West 407.96 feet; RUNNING THENCE North 60 degrees 55 minutes 50 seconds East 199.48 feet to lands now or formerly of WW Farms LLC; RUNNING THENCE, along said lands, the following two (2) courses: 1. South 29 degrees 04 minutes 10 seconds East, 97.78 feet; thence 2. South 28 degrees 08 minutes 30 seconds East, 290.95 feet to the northerly side of Main Road and the point and place of BEGINNING. Overall Description: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: i BEGINNING at a point on the northerly line of Main Road (NY Route 25) at the Southeasterly corner of land now or formerly of Pellegrini Holdings LLC; said point also being 2,421.95 feet more or less westerly from the coiner formed by the intersection of the northerly side of Main Road (NY Route 25) and the westerly side of Alvah's Lane; THENCE from said point of beginning along said land of Pellegrini Holdings LLC, the following five courses and distances: 1. North 29 degrees 41 minutes 20 seconds west,291.25 feet,thence 2. North 29 degrees 25 minutes 50 seconds west, 1465.08 feet; thence 3. North 28 degrees 1 I minutes 40 seconds west, 107.01 feet; thence 4. South 62 degrees 53 minutes 20 seconds west,223.31 feet; thence 5. North 27 degrees 43 muiutes 25 seconds west, 869.74 feet; to land now or formerly of JB Tut Holdings LLC; RUNNING THENCE along said land North 27 degrees 54 minutes 50 seconds west, 2113.31 feet to land or the Long Island Railroad; RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds east, 523.26 feet to land or formerly of WM Farms LLC; RUNNING THENCE along last mentioned lands the following six courses and distances, to wit: 1. South 29 degrees 13 minutes 30 seconds east,2037.45 feet;thence 2. South 28 degrees 23 minutes 10 seconds east, 537.08 feet;,thence 3. South 29 degrees 51 minutes 10 seconds east,417.10 feet;thence 4. South 28 degrees 38 minutes 00 seconds east, 661.97 feet;thence 5. South 29 degrees 04 minutes 10 seconds east, 885.20 feet;thence 6. South 28 degrees 08 minutes 30 seconds east,290.95 feet to the northerly side of Main Road; RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50 seconds west, 348.95 feet to the point or place of BEGINNING. n - —� SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD ,. SUFFOLK COUNTY, N.Y 1000-109-01-10.1 SCALE 1'=100' / CUL PVATED NOVEMBER 20.2014 FiELC •A/N£21.2018 XLY 9.2018 Aa C�ILTI'JATEO fIELG I CULTIVATE o `> IIELD 7 I I D"c'JLLO M"T RIGHTS i 1 1 1 EASEVENT AREA-51E3 ACRES �� y l �g�u rb t � lk CULTIVATED \ `\ FIELD \\i CERW ED TO: TOAN OF SDUTNOLD ',�•gO F' �p S ?y `\ CARNAP011 PROPERTIES.INC. HVE } b \ NcCALL FAMILY F.OI�NDS,LLLP i aO\g9 6R '\, FIDELITY NATIONAL TITLE INSURANCE SERVICES.LLC 0 i yNd\` jl s \ \ 0O `9 I \ `o \ ;lam I am nr..a.ww.r .uu c.wµir.wn�� n S�I TAL DEY$ORAENT RIGHTS EAETIENE AREA-51.60 ACF16 G--' .a+wV...+.Vn.....ar.......... RESERVE AREA L84 ACRFE ,j Q• '• .c-...ua• r.wA..a encmxv.c•V.w u TOTAL 5347 ACIES �\ + 'Its 1.xo.. ��14-118 T I T L E P O L I C Y ALTA OWNER'S POLICY OF TITLE INSURANCE Policy Number: Issued By, Fidelity National Title 7404-000766 Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation, (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE . o�IAr�N 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. ALTA Owner's Policy(06/17/2006) Printed: 07.27 18 @ 09:22 AM NY-FT-FRVH-01 030.431004-SPS-27306-1-18-7404-000766 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO. 7404-000766 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws, or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company Issuing Office: Fidelity National Title Insurance Services, LLC By: 24 Commerce Drive Riverhead, NY 11901 1--, Tel: (631)727-0600 Fax: (631)727-0606 President �ITIE , Countersigned By: `PP � Attest: SEAL Authorized Officer or Agent Secretary Copyright American Land Title Association. All rights reserved. AMERICAN CANV TITLE ASSOCtAT10N 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. ALTA Owner's Policy(06/17/2006) Printed: 07.27 18 @ 09:22 AM NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404-000766 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-000766 SCHEDULE A Date of Policy Amount of Insurance July 31, 2018 $3,241,847.70 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this Policy is. Development Rights 3. Title is vested in: Town of Southold Grant of Development Rights Easement made by Carnation Properties, Inc. dated July 31, 2018 to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this Policy is described as follows: See Schedule A(Continued), following. AME Copyright American Land Title Association. All rights reserved. LAND i TlE m6 oinATIUN 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. ALTA Owners Policy(06/17/2006) Printed: 07.31.18 @ 10:44 AM NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404-000766 SCHEDULE A (Continued) Amended 7/12/2018 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southeasterly corner of land now or formerly of Pellegrini Holdings LLC from said point of beginning along said land Pellegrini Holdings LLC, the following five courses and distances: 1. North 29 degrees 41 minutes 20 seconds West, 291.25 feet, thence 2. North 29 degrees 25 minutes 50 seconds West, 1465.08 feet; thence 3. North 28 degrees 11 minutes 40 seconds West, 107.01 feet; thence 4. South 62 degrees 53 minutes 20 seconds West, 223.31 feet; thence 5. North 27 degrees 43 minutes 25 seconds West, 869.74 feet to land now or formerly of JB Tut Holdings LLC; RUNNING THENCE, along said lands, North 27 degrees 54 minutes 50 seconds West, 2113.31 feet to land or formerly of the Long Island Railroad; RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds East, 523.26 feet to land or formerly of WW Farms LLC; RUNNING THENCE along last mentioned the following five courses and distances, to wit: 1. South 29 degrees 13 minutes 30 seconds East, 2037.45 feet;thence 2. South 28 degrees 23 minutes 10 seconds East, 537.08 feet; thence 3. South 29 degrees 51 minutes 10 seconds East, 417.10 feet; thence 4. South 28 degrees 38 minutes 00 seconds East, 661.97 feet; thence 5. South 29 degrees 04 minutes 10 seconds East, 787.42 feet; RUNNING THENCE South 60 degrees 55 minutes 50 seconds West 199.48 feet; RUNNING THENCE South 28 degrees 08 minutes 30 seconds East 407.96 feet to the Northerly line of Main Road; RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50 seconds West, 146.66 feet to the point or place of BEGINNING. For Conveyancing Only Together with all right, title and interest of, in and to any streets and roads abutting the above described premises. Our Policy of Title Insurance includes such buildings and improvements thereon which by law constitute real property, unless specifically excepted therein. END OF SCHEDULE A AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE -.C-ON 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. ALTA Owner's Policy(06/17/2006) Printed: 07.27 18 @ 09:22 AM NY-FT-FRVH-01 030.431004-SPS-27306-1-18-7404-00 0766 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO. 7404-000766 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Company excepts sewer charges that have not been specifically included on the tax report herein 2. Survey made by Peconic Surveyors, P.C. last updated July 9, 2018 covers more property than is to be insured. As to portion to be insured survey shows: Cultivated field; dirt road; pump and well; dirt road at variation with Northerly and Easterly record lines; tree line at variation with Westerly and Easterly record line; fence up to 4.4 feet West and 2.4 feet East of Westerly record line. 3. Subject to the right of others to use and maintain dirt road. END OF SCHEDULE B AMEAN Copyright American Land Title Association. All rights reserved. IAN o rITU AfiOC1ATl0l: 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. ALTA Owner's Policy(06/17/2006) Printed: 07.27.18 @ 09:22 AM NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404-000766 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made a part of Policy Number: Issued By Fidelity National Title 7404-000766 Insurance Company 1. The following is added as a Covered Risk: "11. Any statutory lien 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_ Fidelity National Title Insurance Company Dated: July 31, 2018 Countersigned By: Authorized Signatory Standard New York Endorsement(11/1/08) Printed: 07.27.18 @ 09:22 AM For use with ALTA Owner's Policy(6/17/06) NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404-000766 POLICY AUTHENTICATION ENDORSEMENT Attached to and made a part of Policy Number: Issued By: Fidelity National Title 7404-000766 Insurance Company 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. Fidelity National Title Insurance Company Dated: July 31, 2018 Countersigned By: Authorized Signatory TIRSA Policy Authentication Endorsement(6/24/16) Printed: 07.27 18 @ 09:22 AM NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404000766 FIDELITY NATIONAL TITLE INSURANCE COMPANY WHETS POLICY NO. 7404-000766 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of- 1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land, (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters. (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4 Any claim, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any lien on the Title for real estate taxes or assessments 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. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b),or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy` The date designated as"Date of Policy"in Schedule A. (c) "Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity (d) "Insured": The Insured named in Schedule A. (i) The term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives,or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A), (B), (C),and (D)reserving, however,all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge"or"Known", Actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. Copyright American Land Title Association. All rights reserved. AAEE- LAND TITLE ASSOCIATION 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. Xt ALTA Owners Policy(06/17/2006) Printed: 07.27 18 @ 09:22 AM N Y-FT-F R V H-01030.431004-S P S-27306-1-18-7404-000766 FIDELITY NATIONAL TITLE INSURANCE COMPANY L,4NER'S POLICY NO. 7404-000766 (continued) (g) "Land"- The land described in Schedule A,and affixed improvements that by law constitute real property The term"Land"does not include any property beyond the lines of the area described in Schedule A, nor any right,title,interest,estate,or easement in abutting streets,roads, avenues, alleys, lanes,ways,or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy (h) "Mortgage Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located Q) "Title" The estate or interest described in Schedule A. (k) "Unmarketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land, or(ii)an obligation secured by a purchase money Mortgage given to the Insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a)of these Conditions, (ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii)if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs,or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured, or to prevent or reduce loss or damage to the Insured The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i)in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as I of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Xt ALTA Owner's Policy(06/17/2006) Printed: 07.27.18 @ 09:22 AM NY-FT-FRVH-01030.431004-S PS-27306-1-18-7404-000766 FIDELITY NATIONAL TITLE INSURANCE COMPANY GvVNER'S POLICY NO. 7404-000766 (continued) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing,for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company,it is necessary in the administration of the claim Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options. (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attomeys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay Upon the exercise by the Company of either of the options provided for in subsections (b)(i)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by Ten Percent(10%),and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals,adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOC-ION 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. ALTA Owner's Policy(06/17/2006) Printed: 07.27 18 @ 09:22 AM NY-FT-FRVH-01 030.431004-SPS-27306-1-18-7404-000766 FIDELITY NATIONAL TITLE INbURANCE COMPANY UvVNER'S POLICY NO. 7404-000766 (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within thirty(30)days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys'fees, and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("Rules"). Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and No/100 Dollars($2,000,000)or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of Two Million and No/100 Dollars($2,000,000)shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsement, (iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy,in whole or in part, is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law- The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville,FL 32232-5023 Attn: Claims Department END OF CONDITIONS AMERICANCopyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION 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. ALTA Owner's Policy(06/17/2006) Printed: 07.27 18 @ 09:22 AM NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404-000766 N Y S A G M K T S W A I V E R NEWYORK Agriculture STATE OF OPPORTUNITY and Markets ANDREW M. CUOMO RICHARD A. BALL Governor Commissioner December 3, 2018 Melissa Spiro Department of Land Preservation Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver—Town of Southold, Suffolk County—Acquisition of an Interest in Land Dear Ms. Spiro: The Department has reviewed documentation submitted by The Town of Southold to waive the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law in connection with the acquisition of an interest in land within Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by Carnation Properties, Inc, for approximately 51.6 acres of active farmland (Tax Parcel ID No 1000-109.00-01.00-010) located in the Town of Cutchogue. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of an interest land on the referenced parcel by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, , Kate Tylutki Senior Environmental Analyst cc: Ken Schmitt, Chair, Suffolk County AFPB �� i('' `1� , J1, 6 File No.: AP 18/049-W DEC - 72018 DEPT.OF LAND PPL''LINATION Division of Land and Water Resources I 10B Airline Dr Albany,N.Y, 12235 518-457-8887 www.agriculture.ny.gov WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of± 51.6 acres of active farmland, situated at Suffolk County Tax Map No. 1000-109.00-01.00-010.001(part of) that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District#1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF SO THOLD Carnation Properties, Inc. P� SCOTT A. RUSSELL, Supervisor By: Cathy elkin Miller, President 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the +day of July, 2018, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notarf Public MICHELLE L. TOMASZEWSKI NOTARY PUBLIC,$IATE OF NEW YORK No, Q1ITQ§1¢6671 Qu.allfl*�1n Suffolk County My COmmIISI00 Vxgpu Wavember 27, 2018 STATE OF NEW YORK) SS.: COUNTY OF On the �day of July in the year 2018 before me, the undersigned, personally appeared CATHY NELKIN MILLER, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. DANIELLE UNGARO Notary Public NOTARY PUBLIC-STATE OF NEW YORK No OIUN6233358 Qualified in Nassau County My Commission Expires December 27,a D/(' 2 OFFICE LOCATION: MELISSA A. SPIRO L*OF SOUryo Town Hall Annex LAND PRESERVATION COORDINATOR �� l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 %tel �Q MAILING ADDRESS yCOU NT'1,� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 15,2018 Robert Somers,Ph.D. Manager,Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany,NY 12235 Re: CARNATION PROPERTIES,INC. to TOWN OF SOUTHOLD SCTM#1000-109.-1-10.3 Dear Mr. Somers: Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by Southold Town Supervisor Scott A. Russell and Cathy Nelkin Miller,President of Carnation Properties, Inc.and presented at a closing held on July 31,2018 for a development rights easement on farmland identified as part of SCTM#1000-109.-1-10.1. Details regarding thi$easement are as follows: GRANTOR: Carnation Properties,Inc. GRANTEE: Town of Southold, SUFFOLK CO RECORDING DATE: 10/23/2018 LIBER D00012984 PAGE: 159 LOCATION: 23195 NYS Route 25, Cutchogue,NY EASEMENT ACREAGE: 51.63 acres SUFFOLK CO TAX MAP#: fka 1000-109.00-01.00-p/o 010.001 nka 1000-109.00-01.00-010.003 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y DIVISION OF LANDS AND FORESTS New York State Department of Environmental Conservation 625 Broadway 5th Floor,Albany,NY 12233-4250 P (518)402-9405 i F (518)402-9028 1 landsforestseldec.ny.gov www.dec.tiv.gov December 19, 2018 Melanie Doroski Sr. Administrative Assistant Land Preservation Department Town of Southold PO Box 1179 Southold, NY 11971-0959 Dear Ms. Doroski, We have received in our office the following conservation easement: CE Suffolk 668 Grantor: Carnation Properties, Inc Deed: D00012984 Page 159 Filed: 10/23/2018 The conservation easement cited above has been identified for our indexing and filing purposes. When contacting this office about this parcel, please use the assigned identifier. Very truly yours, Nancy J. Stock Real Estate Specialist 2 Bureau of Real Property FIs-I ' R', E;L DEC 19 2018 DEPT.OF LAND FRE:;EPVA(10�1 OFFICE LOCATION: MELISSA A. SPIRO �Ig so Town Hall Annex LAND PRESERVATION COORDINATORh�� �l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 cis �r MAILING ADDRESS: www.southoldtownny.gov P.O Box 1179 y���My'� Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 20, 2018 Carnation Properties, Inc. c/o David M. Curry, Esq. Farrell Fritz, P.C. 400 RXR Plaza Uniondale,NY 11556 Re: NYSDEC Conservation Easements Registry CE: Suffolk 668 SCTM #1000-109.-1-10.3 Dear Mr. Curry: Please be advised that the Town's purchase of a development rights easement on property having been owned by your client, Carnation Properties, Inc., has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with this property's assigned identifier along with a copy of the recorded Grant of Development Rights Easement. If eligible to claim a tax credit for the sale of the easement to the Town of Southold, your client will need to provide this control number to the Department of Taxation and Finance. K ruly yours, ie Doros I Sr. Administrative Assistant encs. OFFICE LOCATION: MELISSA A. SPIRO *QF so�jy Town Hall Annex LAND PRESERVATION COORDINATOR ��� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 �Q MAILING ADDRESS y�oUMY,� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail nancy.stock@dec.ny.gov November 15,2018 NYSDEC Bureau of Real Property 625 Broadway,5t'Floor Albany,NY 12233-4256 Attention: Nancy Stock,Real Estate Specialist 2 Bureau of Real Property Re: Conservation Easements Registry CARNATION PROPERTIES,INC. to TOWN OF SOUTHOLD Dear Ms. Stock: Attached please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation.Details regarding this easement are as follows: GRANTOR: Carnation Properties,Inc. GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 10/23/2018 LIBER --D00.0129.84 PAGE: 159 LOCATION: 23195 NYS Route 25,Cutchogue,NY EASEMENT ACREAGE: 51.63 acres SUFFOLK CO TAX MAP#: part of 1000-109.00-01.00-010.001 n/k/a 1000-109.00-01.00-010.003 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, 44,0,4v' e Melissa Spiro Land Preservation Coordinator enc. cc: Carnation Properties,Inc. c/o David M. Curry, Esq. P R O P E R T Y R E C O R D S CARNATION PROPERTIES, INC. to TOWN OF SOUTHOLD Part of SCTM #1000-109.-1-10.1 Development Rights Easement— 51.63 acres Premises: 23195 NYS Route 25, Cutchogue Closing took place on Tuesday, July 31, 2018 at 10:30 a.m., Southold Town Hall Annex l.a r 4' 4` ' 1 i Melissa Spiro, Land Preservation Coordinator and Russell McCall, fee title contract vendee CatilGFOOFFICE LOCATION: MELISSA A.SPIRO O�Q CSGTown Hall Annex LAND PRESERVATION COORDINATOR h.1. .yam 54375 State Route 25 melissa.spiro@town.southold.ny.us .t (comer of Main Rd&Youngs Ave) y Z Southold,New York Telephone(631)765-5711 v. Facsimile(631)765-6640 G1h MAILING ADDRESS: www.southoldtownny.gov o( , �a0 P o Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: July 31, 2018 Re: CARNATION PROPERTIES. INC.to TOWN OF SOUTHOLD Part of SCTM#1000-109.-1-10.1 Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 23195 NYS Route 25, Cutchogue SCTM#: part of 1000-109.-1-10.1 PROPERTY OWNER: Carnation Properties, Inc. CONTRACT DATE: May 29, 2018 PURCHASE DATE: Closing took place on July 31, 2018 PURCHASE PRICE: $3,241,847 70 (51 63 acres @$62,790/buildable acre) EASEMENT ACREAGE: 51.63 acres TOTAL PARCEL ACREAGE: 53 47 acres RESERVE AREA ACREAGE: 1 84 acres in southeasterly corner includes existing house& barn Covenants& Restrictions were recorded prohibiting the subdivision of the Reserve Area from the area of the property subject to the Development Rights Easement. ZONING: Agricultural-Conservation (A-C)Zoning District FUNDING: Community Preservation Fund (2%) A E R I A L S K'1 �• / � e.- 1. ��. t r t } t w < P - li �; / -rf a AIIEL r :. a 4� t� ~ V` !� �.., '*•. �� �, tit . j r ,► s r g 1 ` r :N ON . I •, A lop 40 !I 1 1 4. 1• � + �< • m VOR 6 v •' �y> ! k -'"Ii Al ilf i\ 7 t ' Al` `< f Y y :'4 4 w4Q U I RY#:5315621.4 #r' YEAR: 1985 Q .�• �� : =625' (CEOR Y: •t' 1 t �µ r s 1 i 'i , ;� � ,• e a .r a! s r tti e - t y i A i a y ` a �` r Ile +c< 9k s 7;p A / MA a � a P 'Ilk e , t v yp aE v lw r 4 r z. y _ ' T g " » F k 3 °r Z 4 w � 6 INQUIRY#'5315621.4 � N YEAR: 1970 = DR 625' E " ( .. r e 3 9 r � k a F bT i. 4 'R a Aw w '& k *S A ormQUIRY#:5315621.4 fura' tet. YEAR: 1969 = EOR 625' n. w, �4 x y� r }' $�'r a .l �tA�+ ,�c'�* �• �'1! aR Ir s *� R r On m UIRY 5315621.4 YEAR: 1962 =625 CEOR A ^ f J 4 A I j' y Aw Or Ann Ask z ' - ..:. _. ` It k ; LL r� m i 1 ,"QUIRY#:5315621.4 YEAR: 1957 '"^ = 625 CEOR �t b c' y � 7 4 s �.. 4 �I ! * ~, mQUIRY#-5315621.4 YEAR: 1954 t =625' EDR k _ a► r 04, .r''. ol w10Lam,, t ddl" • i 1f F �I T � - R 4 I r� f: '► , y; s t t mQUIRY#:5315621.4 YEAR: 1940 �jJr =625' (rEDR w " r r xs l rX ^ / a � n y ,. 3k � W _ �. , a 1 , � , S U R V E Y MON. I \ FND. o \ SURVEY OF PROPERTY -� A T CUTCHOGUE TOWN DF SOUTHOLD •���9 SUFFOLK COUNTY, N. Y. �0 1000-109-01 -lal SCALE.- 1 "=1 00' CU LTI VATED NO VEMBER 20, 2014 JUNE 2� FIELD , 2018 0 JULY 9, 2018 JUL Y 1 1, .20 1 8 olk k JUL 1 6 2018 It CU LTI VATED FIELD CULTIVATED yam FIELD INT L DEVELOPMENT RIGHTS EASEMENT AREA — 51 .63 ACRES G �0 �G 2 2 0-0 s 0� a''s �O T Q .' 0� s aw. as: 'o 3 F FUEL TANK PUMP WELL MON. '0� FND. � \ 1.8'W f\ f\ f\ t\ - yam�\� �a0• \f o, f\�\� X90 CULTIVATED \ FI ELD •'o- CERTIFIED TO: ` �\f\ TOWN OF SOUTH OLD � c> \f\� CARNATION PROPERTIES, INC. 0 Q� �� 00 \f McCALL FAMILY HOLDINGS, LLLP N x J \� FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC 1pa •g FE. 1.3'W MON. z FND. \\ / 1.8'W O° RCA DRIVEWAY �& \ 00 WOOD & TIN FR. BARN (p,, \ Ir J \ J \ \ 9� \ U/G OIL TANK \ ya \ LP CIE\ O \ p \ 90 7 4 \ O WATER \ s LINE p \ Os 7 y� n \ (� Sas ELEC. U/G OIL TANK •0 \ LINE '\ ELEC. LINE o o y� 1 STY. � HOUSE k` 2 STY. WELL ;\ /0� 0 9�6 HOUSE / LP AC�; CULTIVATED � s FIELD a. j PORCH z R/O 0._ > o %'r ��s DETAIL " A" oma• � -00 GR BARNeN CARNA 77ON PROPERTIES, INC. ° \ ;' ' x 23195 MAIN STREET O� CUTCHOGUE, N.Y. 11935 DETAIL " A" SCALE 1" = 30' ZONING: \ ao0 \ ` o`r A-C = AGRICUL77JPOLE RAL CONSERVATION Y y \ `\ POLE ao. \ FLOOD ZONE X FROM FIRM MAP NUMBER 36103C0163H & J610JC0144H �� 0�\ 2 STY. 1 F` MON. a06 •`fl0� FR. HSE.I 9 FND. THE LOCATION OF PUBLIC WATER, WELT- AND CESSPOOLS SHOWN FALLOW ,°�"� HEREON ARE FROM FIELD OBSERVARONS AND OR FROM DATA OBTAINED FROM OTHERS DEVELOPMENT RIGHTS EAEMENT AREA = 51.63 ACRES 6 ,��'� OF r� UNDERGROUND MARKOUTS BY CONSUMER MARKOUTS, INC. °`' lb- ,': ° `� <' �r RESERVE AREA = 1.84 ACRES as � •�,�� tip° �. ��� ELEVATIONS & CONTOURS ARE REFERENCED TO NA VD 88. _ y TOTAL = 53.47 ACRES ANY ALTERATION OR ADD/770N TO 774/S SURVEY IS A VIOLATION MON. � � �,, , � - ,,, S LIC. 740. 49618 OF SECTION 72090F THE NEW YORK STA 7E EDUCA TION LAW. FND. P �\y PECONIC�SUR,VEYO �' .C. EXCEPT AS PER SEC710N 7209-SUBDIVISION 2. ALL CER77FICA77ONS L (631) 765-`5 20 X (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF BOX 909 SAID MAP OR COPIES BEAR 774E IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 123n TRAVELER STREET SOUTHOLD, N. Y. 11971 14-118 A E R I A L M A P as \ Town <� Development ,Q Rights co • ,O O� - - • • - ' • ALL - Q0L ``pyo 0j0 0 lot co�� Town Development Rights County Carnation Development • O ' l Rights SCTM 0 coL 4OX O �@ � �0% �b Q pIsepb co -1� a �j c9' . AD 'p,- b Y}� i a O o s Downs 44A ,, Farm b. , Preserve • • • • • - • • . • • . • - 3LO County 3 Development � � • • • • • 1 i i �" yip°aQ- 7�,3 � � • �� a. "sf^ Rights