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HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLt-u [~O 3 RECElVEu 40 Paterson Street, P.O. Box 480

New Brunswick, NJ 08903

(732) 545-4717

Attorneys for Plaintiff, Township of Woodbridge

THE TOWNSHIP OF WOODBRIDGE,

Plaintiff(s),

vs.

COLONIA COUNTRY CLUB, ML COLONIA, LLC, UNITY BANK AND KMS CONTRACTING, INC D/B/A SURE IRON WORKS

Defendant s .

SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY

LAW DIVISION

DOCKET NO. r1ecP-1v - 22 72 ~I 0 CIVIL ACTION

(In Condemnation)

VERIFIED COMPLAINT

The Plaintiff, Township of Woodbridge, a municipal corporation of the State of New Jersey,

located at 1 Main Street, Woodbridge, Middlesex County, New Jersey, byway of Verified Complaint

says:

1. The Plaintiff is a municipal corporation of the State of New Jersey and is duly

authorized and empowered to take said lands and property for public use pursuant to New Jersey

Constitution Article I, Section 20, N.J.S.A. 40A:12-5, N.J.S.A. 20:3-1 et. seq. and other applicable

provisions of New Jersey Statutory Law.

2. On December 8,2009, an Ordinance was duly adopted by the Plaintiff determining

that the lands and premises hereinafter described should be acquired for the purpose of

recreational and/or open space preservation, authorizing the acquisition of said lands and

premises.

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3. The lands and premises are: Block 454.01, Lot 1, Block 457.01, Lot 1 and Block

458, Lot 8 on the Tax Map of Woodbridge Township, commonly known as 300 Colonia Boulevard,

County of Middlesex, Woodbridge Township, New Jersey consisting of approximately 1 03~54 acres

containing a private country club, an 18 hole golf course and associated improvements known as

the Colonia Country Club.

4. The following persons and corporations are the owners of or have an interest in or

A. Colonia Country Club, title holder of the subject property.

encumbrance upon said lands and premises and are the Defendants in this cause:

2. Mortgage dated 6/25/2004 and filed 7/13/2004 in Mortgage Book 9853, Page 367 for $3,000.000.00

B. ML Colonia, LLC, prospective purchaser.

C. Unity Bank, 64 Old Highway 22, Clinton, NJ 08809 as to:

1. UCC-1- filed 7/13/2004 in Mortgage Book 2062, Page 1072 and continued on 7/13/2009

3. Mortgage dated 11/8/2001 and recorded 11/30/2001 in Mortgage Book 7025, Page 101 in the amount of $500,000.00

4. Mortgage modification filed 3/1/2004 in Mortgage Book 112, Page 276 increasing loan to $750,000.00.

5. Mortgage modification filed 4/3/2006 in Mortgage book 126, Page 427 extending term.

6. Mortgage modification filed 10/3/2007 in Mortgage Book 142, Page 886 increasing loan to $800,000.00.

D. KMS Contracting, Inc d/b/a Sure Iron Works, 86 Georgia Avenue, Brooklyn,

NY 11207 as to a Construction Lien Claim filed 5/18/2001 and recorded

June 7, 2001 in Mortgage Book 17, Page 479.

5. On April 6, 201 0, the Plaintiff submitted a written offer to the Defendants to purchase

the subject property and all property rights for the sum of $7,310,000. A copy of Plaintiff's offer is

attached hereto and made a part hereof as Exhibit "A".

6. The matter in which Plaintiff calculated the amount of reasonable compensation is .

detailed in. Exhibit "A", attached hereto and made a part hereof, in accordance with Court Rule 4:73-1. Defendantwasfurnished with the map and description of land to be acquired and identity of improvements to be acquired, if any; a statement of the full market value including a description of the appraisal evaluation method or methods relied upon as well as a breakdown of the appraised value allocated to the land to be acquired, and improvements to be acquired, if any; and data concerning comparable sales or leases relied upon in determining the amount of compensation offered whichincluded-names of seller and purchaser or landlord and tenant.Jocationot property': by block, lot street, street number, and municipality, date of sale or date and duration of lease, the consideration for the sale or amount of rent, and book and page number of the recording of the deed; and any unusual factors known to the Plaintiff which may affect value.

7. After Plaintiff duly determined as aforesaid to acquire said lands and premises, it

served the appraisal and related aforesaid documents and information upon the owners thereof as required by NJSA 20:3-6. The Plaintiff was unable to acquire the property from the Defendants through bona fide negotiations and the Defendants otherwise rejected the Plaintiff's offer, and this action now follows.

WHEREFORE, Plaintiff, Township of Woodbridge, demands Judgment:

a. Determining that the Plaintiff is authorized to and has duly exercised its power of

eminent domain;

b. Appointing three residents of the County of Middlesex as condemnation

Commissioners to make ajust and equitable appraisement of the value of said lands and premises and to fix the compensation to be paid for the taking thereof; and to assess the damage, if any, to remaining property of the Defendant resulting from such taking; and such additional compensation as may be provided by law; and

c. Directing notice to be given to the several Defendants pursuant to law.

CERTIFICATION

1. Pursuant to Rule 4:5-1, the undersigned hereby certifies that at the time of filing of

this pleading, the matter in controversy is the subject of a Complaint in Lieu of Prerogative Writ,

filed on February 5, 2010 which is pending in the Superior Court of Middlesex County with the

caption: "ML Colonia, LLC and Colonia Country Club v. Mayor John E. McCormac (in his official

capacity as mayor of the Township of Woodbridge) and Township Council of the Township of

Woodbridge, and the Township of Woodbridge .. " Docket. No. MID-L-1043-1.0.

HOAGLAND, LONGO, MORAN, DUNST & DOUKAS Attorneys for Plaintiff, Township of Woodbridge

2. I certify that the foregoing statements made by me are true. I am aware that if any

of the foregoing statements made by me are wilfully false, I am subject to punishment.

By:/~JP/~

-L~~~~-+j _

i .1

KARL P. KEMM

Dated: April 20, 2010

bss

VERIFICATION

I, John E. McCormac, Mayor of the Township of Woodbridge, having reviewed the Verified

Complaint and hereby attest that the information contained therein is the truth to the best of my

knowledge and belief.

, By:_..:__" 7~~~-=-=-=-=':____:::::'-=' -===-'_' __

J9·HN E. MCCORMAC

Mayor, Township of Woodbridge

DATED:

40 Paterson Street New Brunswick, NJ 08901 Tel: (732) 545-4717 Fax: (732) 545-4579 www.hoaglandlongo.com

"Karl P. Kemm

Senior Associate kkemm@hoaglandlongo.com

ATTORNEYS a t LAW

April 6, 2010

Via Hand Delivery and CMRRR President Joseph Stella

Colonia Country Club

300 Colonia Boulevard, Woodbridge, New Jersey 07067

Re: Pre-Condemnation Offer for Colonia Country Club

Block 454.01, Lot 1, Block 457.01, Lot 1 and Block 458, Lot 8 300 Colonia Boulevard, Woodbridge, New Jersey

Our File No.: 5711464 - KPK

Dear President Stella:

The undersigned represents the Township of Woodbridge in regard to their acquisition of the Colonia Country Club. The Township of Woodbridge is proceeding to acquire the above-captioned parcel of which you are the owner of record. The parcel which the Township of Woodbridge desires to acquire is designated as Block 454.01, Lot 1, Block 457.01, Lot 1 and Block 458, Lot 8, commonly known as 300 Colonia Boulevard, and is shown on the attached Survey of Colonia Country Club prepared by Michael J. McGurl of CME Associates dated March 21, 2010 revised through April 5, 2010 and as further described in the Property Evaluation Report and Survey prepared by David J. Samuel of CME Associates dated April 5 , 2010.

The Township of Woodbridge has had the property interest therein sought to be acquired appraised by Sockler Realty Services Group, Inc. A copy of the appraisal is enclosed herewith. The Township of Woodbridge hereby offers the sum of Seven Million Three Hundred Ten Thousand Dollars ($7,310,000) for the purchase of the entire property in fee simple. The foregoing offer of compensation is not less than the full amount of the Township of Woodbridge's approved appraisal performed by Sockler Realty Services Group, Inc.

The appraisal sets forth the valuation methods and procedures utilized by the appraiser in arriving at the fair market value of the premises to be acquired, together with pertinent information concerning any comparable sales, leases and cost data relied upon by the appraiser in arriving at the opinion of fair market value.

We prefer to acquire the property by mutually acceptable agreement. When we are unable to reach a negotiated agreement with an owner at what appears to be a fair price, the Township of Woodbridge is authorized by law to resort to statutory proceedings to have the Court appoint an impartial condemnation commission to establish the just compensation.

'New Brunswick, NJ'O?~ NeWYork; NY·:·~.·Buffalo,NY ,,-~.;~";-,Dlinton, NJ

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The Township of Woodbridge is willing to consider any additional information you may wish to provide concerning the valuation of the premises. sought to be acquired and remains desirous of resolving this matter through bona fide negotiations with you.

I trust the foregoing offer of compensation will be acceptable. In the event we receive no response to this offer within 14 days from the date of this letter, we will assume that settlement by agreement cannot be reached and condemnation proceedings will, as a matter of necessity, be instituted.

Very truly yours,

KPK:bk Enclosures

cc: Mayor John E. McCormac @ Woodbridge Township

ViaCMRRR ML Colonia LLC 60 Sackett Street

Brooklyn, New York 11231

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April 6, 2010

Karl P. Kemm, Esquire olblo Township of Woodbridge

1 Main Street

Woodbridge, New Jersey 07095

Re: Appraisal of the Colonia Country Club

Located at 300 Colonia Boulevard

Block 457A, Lot 1, Block 454A, Lot 1 and Block 458, Lot 8 Township of Woodbridge

Middlesex County, New Jersey

SRSG Job# MI-09-207

Dear Mr. Kemm:

Sockler Realty Services Group, Inc. has completed its appraisal of the referenced property. The subject of this analysis is a ±103.54-acre parcel of land improved with a private country club including an I8-hole golf course and associated improvements, known as the Colonia Country Club. The mailing address of the subject property is 300 Colonia Boulevard, Woodbridge, NJ 07067. The property is identified on the Woodbridge Township tax map as Block 457A, Lot 1, Block 454A, Lot 1 and Block 458, Lot 8. The property configuration physical and other elements are located in the Addenda within the CME reports referenced herein.

The purpose of this analysis is to estimate the market value of the fee simple interest in the subject property, at its highest and best use, which was determined to be residential development. It is our understanding that this analysis will be used for the purpose of negotiating a purchase of the subject property in a condemnation proceeding. The

299 WARD STREE0 SUITE c HIGHT STOW", NJ 08S20· PH: 609.918.1000· FX: 609.918.1006· WWWSRSG1.COM

\.,

Karl P. Kernrn, Esquire April 6, 2010

Page 2

effective date of this analysis is November 16, 2009, which is the date of the signing of the right of entry agreement for the Colonia Country Club with Woodbridge Township.

Based on the Property Evaluation Report and Survey prepared by David J. Samuel, PE of CME Associates, dated AprilS, 2010, we have analyzed the subject under the assumption that it could be developed as a single-family residential subdivision, yielding 34 building lots. It is further our assumption that the property would be serviced by public water and private septic sewer systems and that the average lot size would be approximately ±2.0 acres.

The effective date of this appraisal is November 16, 2009. The date the subject property was physically inspected by the appraisers was January 5, 2010 making the valuation date retrospective value opinion. Market value and retrospective value are defined in this report.

Based on our inspection of the referenced property and the investigations and analyses undertaken, and subject to the assumptions and limiting conditions set forth in the accompanying report, it is our opinion that the market value of the subject, as of November 16,2009 was:

SEVEN MILLION THREE HUNDRED TEN THOUSAND DOLLARS ($7,310,000).

The accompanying appraisal report sets forth the identification of the subject property, the assumptions and limiting conditions, pertinent facts about the area and the subject property, comparable market data, the results of the investigation and analyses, and the reasoning leading to the conclusions.

This letter of transmittal should only be used in conjunction with the entire, accompanying appraisal report. Any separation of the signature page of this transmittal letter from the accompanying report invalidates the conclusions found therein. Additional information is found in the Addenda section of this appraisal.

Respectfully submitted,

Principal

New Jersey Certified General Real Estate Appraiser Certification Number 42RG0000198

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Karl P. Kemrn, Esquire April 6, 2010

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Definitions

Market Value

The definition of market value used herein is the same as that used by agencies that regulate federally insured financial institutions in the United States, as follows:

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation .of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

It Buyer and seller are typically motivated;

It Both parties are well informed or well advised, and acting in what they consider their best interests;

;0 A reasonable time is allowed for exposure in the open market;

It Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and

II The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.'

Fee Simple Estate

Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.2

Retrospective Value Opinion

An opinion of value that is likely to have applied as of a specified historic date. A retrospective value opinion is most frequently sought in connection with appraisals for estate tax, condemnation, inheritance tax, and similar purposes. 3

I Appraisal Institute, The Dictionary' of Real Estate Appraisal, 4,h Edition (Chicago: 2002), pp. 177-178, citing 12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994.

2 Appraisal Institute, The Dictionary of Real Estate Appraisal, 4,h Edition (Chicago: 2002), p. 133. 3 Appraisal Institute, The Dictionary oj Real Estate Appraisal, 4'" edition (Chicago, 2002), page 283.

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Karl P. Kemm, Esquire April 6, 2010

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Karl P. Kemm, Esquire April 6, 2010

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AREA AND NEIGHBORHOOD ANALYSIS

Location

Woodbridge Township is located in the northeastern portion of Middlesex County. Woodbridge Township is bordered by many other municipalities. Union County to the north, New York State to the east, Plainfield to the west and South Amboy to the south.

The 2006 estimated population of 99,208, makes it the sixth most populous municipality in the state.

Demographics

As of the 1990 census the population was 93,086 and decreased 4.4% to 97,203 in 2000. The census bureau has estimated the 2006 population of Willingboro to be 99,208 persons, which is an additional increase of 2.1 % from 2000. Middlesex County as a whole experienced a ±11.7% population increase between 1990 and 2000 and an estimated increase of±5.2% from 2000 to 2005.

As of the 2000 census the median income for a household in the township was $60,780, and the median income for a family was $68,492. Males had a median income of $49,248 versus $35,096 for females. The per capita income for the township was $25,087. About 3.2% of families and 4.8% of the population were below the poverty line. Woodbridge has similar income as Middlesex County. Middlesex County had median income for a household of $61,446 and for a family of $70,749. The per capita income for the county was $26,535.

Transportation

Woodbridge Township is crossed by the Garden State Parkway and Route 9. The Garden State Parkway provides a direct route to New York City to the north and shore points to the south. Route 9 travels in a north south direction through the township and is a main corridor of commercial development. Route 9 also connects to Route 287, 440 and 184.

Communities

Many distinct communities exist within Woodbridge Township. Several of these communities have their own ZIP codes, and many are listed by the United States Census Bureau as census-designated places, but they are all unincorporated areas and neighborhoods within the Township that, together, form Woodbridge Township in population and area.

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These communities are as follows (with 2000 populations listed for the seven censusdesignated places):

co Avenel (2000 population of 17,552) II Colonia (17,811)

.. Fords (15,032)

" Hopelawn non-CDP .. Iselin (16,698)

e Keasbey non-CDP

.. Menlo Park TelTace non-CDP .. Port Reading (3,829)

.. Sewaren (2,780)

.. Woodbridge Proper (18,309)

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Area Map

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Karl P. Kemm, Esquire April 6, 2010

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Subject Neighborhood

The subject property is located on the north side of Route 27 at its intersection with New Dover Road. It is a moderately to heavily traveled road and traverses the township in an east west direction. The neighborhood inland from Route 27 along New Dover and Colonia Boulevard where the subject is situated is characterized primarily by residential development with mixed use commercial development located along Route 27.

There are no known nuisances or hazards in the subject neighborhood, and property compatibility appears to be typical for the area. Neighborhoods typically evolve through a life cycle consisting of four stages. Growth which is a period during which the neighborhood gains public favor and acceptance; stability which is a period of equilibrium without marked gains or losses; decline which is a period of diminishing demand; and revitalization which is a period of renewal, modernization and increasing demand. As of the date of this appraisal, the subject's neighborhood is in the stability stage of the life cycle.

Conclusion

Woodbridge Township has registered a minimal level of population increase between 1990 and 2000. Indications provided by median household income and median dwelling value statistics reflect a level of economics that is average for Middlesex County on an overall basis. Regional and local highway linkages are conveniently accessible. The subject property is located within a stable established community along the Route 27 corridor but is characterized much more by the residential communities which surround it inland from Route 27. The area is expected to remain stable well into the future.

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Karl P. Kemm, Esquire April 6, 2010

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HIGHEST AND BEST USE ANALYSIS

Introduction

The most commonly used definition of Highest and Best Use is as follows:

"The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.?"

In all appraisal assignments, value estimates are based on use; therefore, an analysis of Highest and Best Use is the basis for all valuation assignments. Like value, highest and best use is a market-driven concept. In highest and best use analysis, the most profitable, competitive use to which a property can be put is identified. The collection and analysis of the general data used to estimate property value provide the evidence on which a highest and best use conclusion is based.

A property's highest and best use must be legally permissible, physically possible, financially feasible, and maximally productive (profitable). These four criteria are considered sequentially and conditionally. Although a use may be financially feasible, it would be irrelevant if it were legally prohibited or physically impossible. Therefore, tests of legal permissibility and physical possibility must be applied before the remaining tests of financially feasibility and maximal productivity.

The highest and best use analysis generally involves consideration of the subject property under two scenarios: as vacant land and as presently improved. The highest and best use of land as vacant assumes that the subject site is vacant or can be made vacant and available for development. The purpose of determining the highest and best use of land as though vacant is to identify the site's potential use, which governs its value. The highest and best use as improved addresses whether the existing improvements should be maintained, adapted, or demolished so that the site can be developed with a different use. The highest and best use of the underlying land may differ from that of the property as improved if the improvements do not constitute an appropriate use. The purpose of determining the highest and best use of the property as improved is to identify the use that would be expected to produce the greatest value and to assist in the selection of comparable properties.

The four criteria of legal permissibility, physical possibility, financial feasibility and maximal productivity are considered sequentially and conditionally for both the "as vacant" and "as improved" highest and best use scenarios.

4 Appraisal Institute, The Appraisal of Real Estate, 13th edition (Chicago, 2008), page 277-278.

Karl P. Kemm, Esquire April 6, 2010

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Highest and Best Use As If Vacant

The legal permissibility of a use is governed primarily by the zoning in effect at the time of the appraisal, deed restrictions, easements or other legally constraining influences on the use of a property. The subject is residentially zoned for development with single family dwellings as principal permitted uses in the R-40 zone. This zone allows for residential dwellings on lots of not less than one acre.

The subject site is appears to be capable of supporting all legally permitted uses under the zoning ordinance.

The physical possibility of a use is determined by characteristics such as size, shape, topography and any other physical aspects of the site. As noted previously the site is a 103 .54-acre parcel of land. Based on the Property Evaluation Report and Survey prepared by David J. Samuel, PE of CME Associates, dated April 5, 2010, we have analyzed the subject under the assumption that it could be developed as a single-family residential subdivision, yielding 34 building lots. It is further our assumption that the property would be serviced by public water and private septic sewer systems and that the average lot size would be approximately ±2.0 acres.

Financial feasibility implies that the legally permissible and physically possible uses will produce a net return to the owner of the site. As discussed in previously, the subject property is a functional golf course and country club with an established history. Operation of a golf course facility appears to be financially feasible.

The use that represents maximum profitability is the financially feasible use that will produce the highest net return to the property owner. Given the lot yield potential per current zoning regulations, it appears that land banking for future residential development would be the maximally productive use until market conditions and demand warrant development.

Highest and Best Use Conclusion As If Vacant

Considering these four factors of highest and best use -- legal permissibility, physical adaptability, financial feasibility, and maximum profitability -- we conclude that future development with a residential subdivision of 34 single family dwellings when market conditions improve and the demand for single family residential dwellings increases.

Highest and Best Use Conclusion As Improved

Considering these four factors of highest and best use -- legal permissibility, physical adaptability, financial feasibility, and maximum profitability -- we conclude that continued use as a golf course and country club facility as an interim use until market conditions relative to residential development economics improve, represents the highest and best use ofthe subject property as it is currently improved.

Karl P. Kemm, Esquire April 6, 2010

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ApPRAISAL PROCESS

The purpose of this appraisal is to estimate the market value of the subj ect property in accordance with accepted value estimating procedure.

Also known as the "valuation process," the appraisal process is defined as "a systematic procedure employed to provide the answer to a client's question about the value of real property." This process entails an orderly program by which the problem is defined, the work necessary to solve the problem is planned, and the data involved is acquired, classified, analyzed, and interpreted into an estimate of value.

Land Valuation

There are six generally accepted methods to value land: sales comparison, allocation, extraction, subdivision development, land residual, and ground rent capitalization. All are described below. For the reasons discussed, only the Sales Comparison Approach is utilized in this appraisal.

The Sales Comparison Approach is defined as "a set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison."

In this approach, the market value estimate is predicated upon prices paid in actual market transactions and current listings, with the former fixing the lower limit of value in a static or advancing market and the higher limit of value in a declining market, and the latter fixing the higher limit in any market. The reliability of this technique is dependent upon a number of factors, including the availability of comparable sales data, the verification of the sales data, the degree of comparability and extent of adjustment necessary for differences, and the absence of non-typical conditions affecting the sale price. The Sales Comparison Approach is by far the most reliable approach to land value when a sufficient number of reliable, comparable sales are available.

Allocation is based on the typical ratio of land value to improvement value for specific categories of real estate in specific locations. As there are no improvements on the subject site, this methodology is not appropriate. Extraction is similar to allocation, in that the contribution of a comparable property's improvements is deducted from its sale price to provide an indication of the subject site's value. This approach involves a number of subjective estimates, such as construction costs and depreciation estimates for the improved comparables. The subjective cost and depreciation estimates involved in the allocation and extraction procedures argue against their use when a sufficient number of quality comparable sales are available. As the subject property is presently unapproved and unimproved land vacant land under the highest and best use conclusion, these approaches are not applicable.

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Market-derived capitalization rates are used to convert ground rent into market value in the procedure known as ground rent capitalization. This procedure is useful when comparable sales of leased land indicate a range of rents and appropriate capitalization rates. Due to the general lack of land investment/sale activity in the local marketplace, this procedure is not developed.

Subdivision development is a procedure used to value land when subdivision and development represent the highest and best use of the land, and sales data on finished lots (the individual components resulting from the subdivision process) are available. In the land residual technique, the appraiser determines what actual or hypothetical improvements represent the highest and best use of the site and estimates the value of the property as improved. The costs to improve the property are deducted along with an allowance for entrepreneurial profit, leaving a theoretical indication of land value. We were able to collect and verify a sufficient number of comparable bulk residential land sales within the immediate market area which gave an accurate indication of what sale pnces per unit bulk approved residential housing land would command within the market.

In this appraisal we have only utilized the Sales Comparison Approach to value given the quantity and quality of market sales data that we have verified and reported in this appraisal.

After arriving at an indication of value by the applicable approaches, the results are reconciled into a single conclusion of value based on the approach or approaches which have the highest quality and quantity of data and which the appraiser considers most reliable.

Note: All quoted definitions are taken from the Appraisal Institute's The Dictionary of Real Estate Appraisal, 4th edition, published in 2002.

Karl P. Kernm, Esquire April 6, 2010

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Sales Comparison

Introduction

The Sales Comparison Approach is a method of estimating a property's value by comparison to similar properties that have recently sold. This approach to value assumes that the market will determine a price for the property being appraised in the same manner that it determines the price of comparable, competitive properties. One of the major principles of the Sales Comparison Approach is the principle of substitution, which holds that the value of a property, as replaceable in the marketplace, tends to be set by the cost of acquiring an equally desirable substitute property. The following pages explain our development of the Sales Comparison Approach.

As stated in the zoning analysis the subject property is located in zoning district R-40 residential district.

In developing our analysis, we have searched the market area for recent sales of similar land sold for residential development. These six residential sale transactions are presented in the Sales Comparison Approach and are summarized as a part of our adjustment grid on the following pages.

Karl P. Kemm, Esquire April 6, 2010

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COMPARABLE LAND SALE ONE

Location:

Line Road

Robbinsville Township Mercer County, New Jersey

Tax Identification:

Grantor:

Block 5, Lots 1,2,2.03,3 & 76 Princeton Research Labs Inc.

Grantee:

Township of Robbinsville

Date of Sale:

January 20, 2009

Deed Reference:

Consideration:

Book 5983, Page 577 $8,820,000

Financing/Conditions of Sale:

Parcel Size:

Cash to SellerlNormal

293.24 acres

Average Lot Size:

Price Per Acre:

1.25 acres

$30,078 48 $183,750

RR & R1.5; 30,000 square feet minimum lot size

Number of lots:

Price Per Lot:

Zoning:

Comments:

This is the sale of a parcel with preliminary approvals for residential subdivision consisting of 48 buildable lots. The majority of the parcel is non-developable wetlands. The average lot sizes based on the site plan are to be 1.25 acres. Public water is available, but private septic sewer systems are required.

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TAX MAP

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COMPARABLE LAND SALE Two

Location:

179 Cranbury Neck Road Plainsboro Township Middlesex County, New Jersey

Tax Identification:

Grantor:

Block 3601, Lot 10 The Bulk Family LP

Grantee:

Plainsboro Township

Date of Sale:

December 30, 2008

Deed Reference:

Consideration:

Financing/Conditions of Sale:

Parcel Size:

Price Per Acre:

Number of lots:

Price Per Lot:

Zoning:

Book 6015, Page 658

$2,242,157 & $582,842 = $2,824,999 total Cash to Seller/Normal

84 acres

$33,630 14 $201,786

R-150, 6 acre minimum lots

Wetlands:

Wetlands are at the rear of the subject property.

Comments:

This is the sale of a parcel of land to Plainsboro Township for farm land preservation. The development potential was determined per right of zoning and the price negotiated accordingly. The structures on the site were teardowns to make way for the subdivision. This sale was verified with the township attorneys.

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Esquire Karl P. Kemm,

April 6, 2010

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COMPARABLE LAND SALE THREE

Location:

2, 4, 6, 8 and 10 Adda Court

South Brunswick Township, Middlesex County, New Jersey

Tax Identification:

Block 95.05, Lots 64.01, 64.02, 64.03, 64.04, 64.05

Grantor:

C. Perez Construction LLC

Grantee:

Chandu Z. and Mahendra Z. Patel February 6, 2008

Date of Sale:

Deed Reference:

Book 5920, Page 686

Total Consideration:

$875,000

Financing/Conditions of Sale :

Cash to SellerlNormal

Land Size:

4.485 acres

Approved Lots:

4

Price Per Lot:

$218,750

Zoning:

R1

Utilities:

All public utilities are available.

Comments:

This vacant land sale was sold with approvals for 4 residential building lots and a detention basin. The development will be known as "Colonial Homes". The four lot subdivision was listed for sale originally at $1,475,000 and ultimately sold at $875,000. It was on the market for 93 days and then withdrawn. The individual lots were also marketed at $350,000 per lot without a sale.

Karl P. Kemm, Esquire April 6, 2010

Page 19

Tax Map

Karl P. Kemm, Esquire April 6, 2010

Page 20

COMPARABLE LAND SALE FOUR

Location:

Tax Identification:

Grantor:

Grantee:

Date of Sale:

Deed Reference:

Consideration:

Financing/Conditions of Sale:

Parcel Size:

Average Lot Size:

Price Per Acre:

Number of lots:

Price Per Lot:

Zoning:

Wetlands:

Comments:

Route 130

North Brunswick Township Middlesex County, New Jersey

Block 259.02, Lots 6.21 thru 6.45 Brook Pine Corp.

Barbieri Builders of North Brunswick

January 30, 2008

Book 5915, Page 175 $4,416,000

Cash to Seller/Normal 16.08 acres

0.53 acre

$274,627 25 $176,640

R-2; 15,000 square feet minimum lot size No wetlands

This is the sale of a fully approved residential subdivision consisting of 25 buildable lots. There are site improvements from a previous developer that must be partially replaced. The average lot size is 0.53 acres.

Karl P. Kemm, Esquire April 6, 2010

Page 21

TAX MAP

Ifrt':$·IONi"ii'-'O.~.~'" r W'

io'"......;..,r·4'·rrlO6 l'lII<J!,.

SHEET 71

.... .~

Karl P. Kemm, Esquire April 6, 2010

Page 22

COMPARABLE LAND SALE FIVE

Location:

39-49 Major Road

South Brunswick Township Middlesex County, New Jersey

Tax Identification: .Grantor:

Block 86, Part of Lot 60.01 Major Road North Associates

Grantee:

HRJ Contractors, LLC

Date of Sale:

July 12, 2007

Deed Reference:

Consideration:

Book 5844, Page 471 $1,080,000

Financing/Conditions of Sale:

Parcel Size:

Cash to Seller/Normal 13.43 acres

Price Per Acre:

$80,417 6 $180,000

Number of lots:

Price Per Lot:

Zoning:

R-2, 2 acre minimum lots

Wetlands:

Wetlands appear minimal and at the rear of the subject property.

Comments:

This is the sale of a parcel of land with approvals for six building lots. These lots are designated as Block 86, Lots 60.11 through 60.16.

Karl P. Kemm, Esquire April 6, 2010

Page 23

TAX MAP

- -- ----------

J

Karl P. Kemm, Esquire April 6, 2010

Page 24

COMPARABLE LAND SALE SIX

Location:

1676 Route 27

North Brunswick Township Middlesex County, New Jersey

Tax Identification: Block 18.02, Lot 62

Grantor: Francis M JR & Barbara L Clarke

Grantee: M & M @ Copper Beech LLC

Date of Sale: February 9, 2007

Deed Reference: 5783/331

Consideration: $2,560,000

Financing/Conditions of Sale: Cash to SellerlNormal

Number of Proposed Lots: 16

Price Per Unit: $160,000

Land Size: 9.60 Acres

Price per Acre: $266,667

Zoning: Residential

Utilities: All available

Comments:

This is a sale of 16 approved building lots within a residential area. It was purchased contingent on obtaining development approvals. The Matzel & Mumford development will be known as Copper Beech.

- ~~~--------~--~--~--~.-~~~~~--

Karl P. Kemm, Esquire April 6, 2010

Page 25

TAX MAP

Karl P. Kemm, Esquire April 6,2010

Page 26

.Locaucn

; Safe/Appraisal Oa~ :S3lePrice' . :Pi!fCel S~e (nc. -'!Jnits) . Product Type ,Ave;.r03ge L?t Size :Approvals'

Type T~\alUnit.

i. Obtained By ~Zonjng

;UtiUties

Pnce Per Unit

• Propp"', Righls Conilgy~ ACljuslm.nj

Mjlr>led Unit Prices :'Terms of Saie

Adjuslment Adjus:e<f Unli Prices

~F{nanc.iri9· Adjustment

Adjusted Unil pii;:es;

; M~rke-! COndition'S: (tim&)

f' ~"'9!lt~ since sale-

AdjiJS~nt

i Adjusted Unit Prices

;~th.r ~dju'lment. (addilivoj ~ .. o~31~o

, Project Size

: Average lot, .$ji:e ; UU1it~s:~

: Zanmil/APprovals

Slrbjeci

300 Cctcnla 8l1id Woodbridge Middlesex Co.

Nov-09 .

NA' 34

Det ReslCfeillial 2.00 acre

SM e 1

Llna Rd Rc1:binsvm. Tl'lp Mercer cc.

Jari·09 S8,820.ooo 48

Det Residential 1.25 acres

NO<le Pr"liminar/

34 48

NA Seller

R40 Residtmtlat

Public Waterl?rivate SepH Public V/alerfSepuc

Fee Simple

~.OO.H;:~~

Pubiic Water/Privale Sept~ None

~ r<J~1 A4dj/ij,~ Ad}JS!m8flls

Irotal Adfusted Prfce/Unit (rounded) \!nadjti~fed Range

;Adjusl~ Range

~.conclusion for 'Subject .

~~~~.~!~!.~!,~~~Y~!~!: .... ~._ .. ~ ~ ~""""_"~"¥' _ •• ~_

S183,750 FEls Simple

0.0% 5183,750

M:fmal Q..PJ.',

S18l,150

Cub Eql.'/l/ift~nt

~~Q3:e $183.150

10 ~.i% ,176.094

"j!'.O% 0.0% 15,O~yq ().O~·~ :.5 ... P1s 15,O'!.I~

'$Utl,i17 5160,000 $166,950

Comparable Land Sales

S.I. ~ S.I.3

179 Cranbury Neok Rd Adda coiJrt

P1ajnsboro SOlIth Bruns.v..~k

Middles,", Co. Middlesex Co.

Dec.oil febJ.l8
S2,824.$99 $815.000
14 4
net Resld'nli~1 net Resldentlal
a.DO·acre.s r.oo acre
Non. Flnor
14 4
NA Seller
ResidenUal Resldential
A!lA""il.ble AUA ... allable
5201.186 $218,150
Fe. Simpl. Fep Simple
0.01> 0.0%
5201.786 5218,750
Norm.1 Normal
.!l.~ Q.w,
$201,136 Si1s,1M
Cas!; Equ!va](,n! clIsi1 Eql:luBlerJ
P,.,Qli 0.0%
$;iOi,1Si; $Z18:1S'(i
12 21
.5.0% .8.8%
$191,696 5199,"09
ti).ci> to.O%
0.0% ,5.0%
,5,Q<K, 15,0%
·5.0% -5.0%
~q$: !.1.9Ji%.
0.0% 5.q%
$191;696 $209,590
SZIS.,750
Si:iO;m $215,000 per unit

. ~. units

..... _._ ... g~;J.o,go.~.,,_ " ........••......

S.lo4 ROU~.13o.

NoM 8runs;\'i<k Middlesex cs, 81259.02. t.ots 6.21-6.45 Jan·OS S4~416.cioo

~5 Det.Resldential

0.53 acres.

Final 25 Seller

Resfd.enti'at AlIAY"ilable

$176,640 Fee· Simpls

0.0% S176,B40

Normal

M~ $176,640.

Cast, EqIJ/I/,n;Mi 0.0% $1'i5:S~

. i

I

Sal" 5 Sole 6 i

Major Road 1627 Route 27 1

s®u, Bru,;s.wiek North Brun5wick i Middlesex. Co, r,Aktdlesex Co. I ,

Jul-07 SI.080,OOO 6

Del R~ld.nli.1 ·1.00al:re

Final

6 Seller Residenoal All A·j •• able

$lB!I,iJOO FeB Simple

m StaO,OOO

Normal Q,.Q.'&

5i80,OOO

Cash EqwJsler.t

9'~~.

S180.o..."'O

Feb-<l7 S2,~~.OOO i

Cet R es id .. n~.i i

0.40 aere

!

None.Subj",,1 10 i

16 !

Purchaser rwsidel1uai AIIA".il.ble

~160,~Otl Fe<> Simple 0.0% 5160,000

t~orm.1

9~ $160;000

, C~sh Equ!va/iot !

Qfl~. i

$160,000

22 48 as
~ .. 11.1% ~"
$160,4<!a $159,000 $138,000
10~O%. 10.0% 10.0%
0.0% ·5.0% 0.0%
2$.9% 15.0rt" ~:;;J)'!{i.
-5.0% -5.0% ·5.0%
:.lM.'jg ,jQ,,9~ Q,Q.'lli
~O:;(l% !i;,~~ ~O.o%
$'9~,5:4! $166,~5O $179.400 Karl P. Kemm, Esquire April 6, 2010

Page 27

Explanation of Adjustments

Our analysis of the comparable sales considers adjustments for date of sale, financing/terms of sale, location, size, zoning, and any other discernible physical characteristics. A comparable land sales adjustment grid is presented on the previous page.

Property Rights Conveyed - All of the comparable sales were purchased in the fee simple estate. The subject is being appraised in the fee simple estate. Therefore, no adjustments are made.

Terms of Sale/Financing - All of the comparables transferred under normal conditions of sale with none of the parties under undue duress or with any unusual circumstances or atypical financing that would affect property value.

Market Conditions - Given that there has been a steady decline in the residential real estate market over the past several years, the sales were adjusted downward at a rate of approximately 5% per annum.

Location - The subject property is located in Woodbridge Township, Middlesex County New Jersey. It has good access to state highways including the major highways. All of the comparable sales are located in somewhat inferior locations in terms of regional accessibility and dwelling values and were adjusted upward at varying degrees.

Project Size - The subject property is being analyzed on a lot yield of 34 building lots. All of the comparable sales except Sales Three and Five have sufficiently similar lot yields and were therefore not adjusted. Sales Three and Five have smaller lot yields and were adjusted downward to account for the economies of scale.

Average Lot Size- The subject's estimated average lot size is 2.00 acre. The comparables range from 0.40 to 6.00 acres. Sale Two was adjusted downward while the remaining sales were adjusted upward.

Utilities - The subject is being analyzed assuming the availability of public water and private septic sewer utilities. Sale One is similar in this regard and was therefore not adjusted. The remaining sales have public sewer availability and were therefore adjusted downward.

Development Approvals- The subject has no development approvals in place, similar to Sales Two and Six. Sale One had preliminary approvals in place at the time of sale and was adjusted downward. The remaining Sales had final development approvals in place at the time of sale and were adjusted downward to a greater degree.

Karl P. Kemm, Esquire April 6, 2010

Page 28

Conclusion

After making adjustments to these unit rates for the differences described, the indicated unit values range from $163,013 to $216,289 per lot. Most weight was given to Sale One, being the most recent sale. The remaining comparables reasonably support the unit value conclusion. Based on our analysis of these sales, we have formed the opinion that the market value of the subject property is $215,000 per lot. This equates to a value of $7,310,000, for the subject's 34 building lots.

Market Value via the

Sales Comparison Approach

$7,310,000

Karl P. Kemm, Esquire April 6, 2010

Page 29

CERTIFICATION OF ApPRAISERS

We certify that, to the best of our knowledge and belief:

.. the statements of fact contained in this report are true and correct;

.. the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions and conclusions;

e we have no present or prospective interest - direct or indirect, financial or otherwise - in the property that is the subject of this report, and no personal interest or bias with respect to the parties involved;

.. we have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment;

e our engagement in this assignment was not contingent upon developing or reporting predetermined results;

o our compensation for completing this assignment is not in any sense contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, a minimum valuation, the attainment of a stipulated result, the approval of a loan, or the occurrence of a subsequent event directly related to the intended use of this appraisal;

• our analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice;

.. the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute;

o we have made a personal inspection of the property that is the subject of this report;

• the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives;

• as of the date of this report, Peter E. Sockler, MAl, CRE has completed the requirements of the continuing education program of the Appraisal Institute;

.. as of the date of this report, the undersigned, Peter E. Sockler, is a state certified general real estate appraisers in the state in which the subject of this report is located.

, LT,ykEs GROUP, INc.;j ~

P er E. Sockler, ~~, FRICS Noam Kutcher

Principal Associate

New Jersey Certified General Real Estate Appraiser New Jersey Licensed Real Estate Appraiser Trainee

Certification Number 42RGOOO 19800 Certification Number 42RP00262500

Karl P. Kemrn, Esquire April 6, 2010

Page 30

GENERAL ASSUMPTIONS AND LIMITING CONDITIONS

This appraisal report has been made with the following general assumptions:

.. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the subject property is assumed to be good and marketable unless otherwise stated.

II There are no existing judgments or pending or threatened litigation which could affect the value of the property.

.. The property is appraised free and clear of any and all liens and encumbrances, unless otherwise stated.

.. Responsible ownership and competent property management are assumed.

.. Any information furnished by others is believed to be reliable, but no warranty is given for its accuracy.

.. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property.

.. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that would render it more or less valuable, would affect its highest and best. use, or would have a material affect on its utility. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them.

.. It is assumed that the property is in full compliance with all federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the attached report.

.. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a nonconformity has been identified, described and considered in the attached report.

.. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based.

.. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report.

.. Unless otherwise stated in this report, the existence of hazardous materials, which mayor may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, ureaformaldehyde foam insulation, and other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value; furthermore, no responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user of the appraisal is urged to retain an expert in this field, if desired.

Karl P. Kemm, Esquire April 6, 2010

Page 31

This appraisal report has been made with the following general limiting conditions:

o Any allocation of the total value estimated in this report between the land and the improvements applies only under the stated program of utilization. Any separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are invalid if so used.

.. An appraisal is inherently subjective and represents only an estimate of a property's fair market value.

o No enviromnental impact studies were conducted in conjunction with this appraisal, and our value opinions are subject to revision based upon any such studies. If any enviromnental impact statement is required by law, the appraisal assumes that such statement will be favorable and will be approved by the appropriate regulatory bodies.

.. Any income and expense estimates contained in this appraisal are used only for the purpose of estimating current fair market value and do not constitute predictions of future operating results.

o Possession of this report, or a copy thereof, does not carry with it the right of publication.

o The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made.

.. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser.

o Any opinions of value provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the opinion of value, unless such proration or division of interests has been set forth in the report.

• Any proposed improvements are assumed to have been completed unless otherwise stipulated; any construction is assumed to conform with the building plans referenced in the report.

• The forecasts, projections, or estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions.

.. We reserve the right to require, as a condition to our rendering an opinion as to value, the engagement of professional experts in certain disciplines. The engagement of any such expert and the compensation of such expert shall be solely the responsibility of the client.

.. The value found herein is subject to these and to any other assumptions or conditions set forth in the body of this report but which may have been omitted from these Underlying Assumptions and Limiting Conditions.

.. The appraisers have not been made aware of, nor are they qualified to ascertain, the existence of radon, a radioactive gas which occurs naturally in the soil of certain identified areas. In concentrated form, this gas has been shown to have detrimental health effects, and its existence would potentially have a negative impact on the value(s) reported in the appraisal. The value estimate assumes the subject is free and clear of radon gas.

Karl P. Kemm, Esquire April 6, 2010

Page 32

• The Americans with Disabilities Act (ADA) became effective January 26, 1992. A specific compliance surveyor analysis of this property has not been made to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since there is no direct evidence relating to this issue, any possible noncompliance with the requirements of the ADA was not considered in estimating the value of the subject property.

Karl P. Kemm, Esquire April 6, 2010

Page 33

ADDENDUM

JOHN H. ALLGAIR, 1983-01 DAVID J. SAMUEL, P.E., P.P.

JOHN J. STEFAI'lI, P.E., L.S., P.P" JAY B. CORNELL, P.E., P.P.

MICHAEL J. McCLELLAND. P.E •• P.P.

GREGORY R. VALESI, P.E .. P,P.

llMOTHY W. GILLEN, P.E., P.P.

BRUCE M. KOCH, P.E., P.P, ERNEST J. PETERS, JR., P.E., P.P.

LOUIS J. PLOSKONKA. P.E.

TREVOR J. TAYLOR, P.E.

BEHRAMTURAN, P.E.

This office also prepared the attached Environmental Constraints Report. The environmental constraints on the site are significant and include freshwater wetlands,

April 5,2010

Hoagland Longo, Moran, Dunst & Doukas 40 Paterson Street

P.O. Box 480

New Brunswick, NJ 08903

ATT: Karl P. Kemm, Esquire

RE: Woodbridge Township I Colonia Country Club Property Evaluation Report and Survey

Dear Mr. Kemm,

In accordance with the Township of Woodbridge authorization, enclosed is a copy of a survey of the Colonia Country Club along with a copy of the Environmental Constraints Report for your use.

As you know, the perimeter survey was based upon the title work provided by your office and not being able to access the property. Accordingly, our crews worked

around the perimeter of the site and used aerial photography to identify features within the boundaries,

The attached survey prepared by Michael McGurl, PLS, of this office, resulted in the following:

Tract Area:

103.4 Ac. ±

Easement Area:

0.642 Ac. ±

Area of Vacated Right-of-Way Subject to Public Easements:

1.244 Ac±

Area of Questionable Title:

0.027 Ac ±

CONSULTING AND MUNICIPAL ENGINEERS

-.~~,~ ---"'---""" ,'l111 BORDEN)(iWN AVENUE .' PfilRUN. NEW .iERST;Y Of,BS,J, .' !162 • (T32) 727·8000 _------

Page 2

Karl P. Kemm, Esquire April5,2010

wetland transition areas, wetlands buffer areas, flood hazard areas and riparian zones. The total area of these items is about 12.56 acres.

The site is further constrained by its removal from the sanitary sewer service area by the NJDEP, Division of Wastewater Management. This poses a serious limitation when combined with the poor soils and high ground water table. As a result, if this site is to be developed without sewer, it will be necessary to increase the lot size to approximately two (2) acres in order to provide suitable area for the necessary large raised bed systems.

The constructability of the site as a housing development is limited by the steep slopes that traverse it. The Woodbridge Township ordinance precludes the disturbance of steep slopes of 20 percent and greater. Accordingly, it will be very difficult to avoid same based upon their location throughout the site, and the placement of roads and homes will have to be shifted to locations without these steep slopes.

The development of the site for housing will also necessitate the construction of special intersection improvements especially at New Dover Road. The intersection with New Dover is complicated because of the slope of the roadway over Route 27 and the ramp from Route 27. An intersection at this location is anticipated to cost in the area of $1,000,000 based upon reconfiguring the ramp to work with the entrance road to the development and then to signalize same.

The cost of sewer, storm sewer, storm water basins, and water main construction on the site will cost 10 to 20 percent or more to construct in areas of high water table and poor soils.

Our Land Development Division did a Lot Yield Analysis on this site considering the limitations set forth in this letter and have determined that about thirty four (34) lots can be developed on this site for residential housing.

If you have any questions, please do not hesitate to give me a call.

Enclosures DJS:smh

II

.

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~,~~ j~ ENVIRONMENTAL CONSTRAINTS REPORT

FOR

BLOCK 454.01, LOT 1 BLOCK 457.01, LOT 1 BLOCK 458, LOT 8

TOWNSHIP OF WOODBRIDGE MIDDLESEX COUNTY NEW JERSEY

ASSOCIATES

CONSULTING AND MUNICIPAL ENGINEERS

3141 Bordentown Avenue, Parlin, NJ 08859

(732) 727-8000 FAX: (732) 727-3989

April 2010

Our File: PWB0051O.01

..• ,~ .• __ J."":-":~-'''''' .. ,~-_ ... , ... , ..

INTRODUCTION

This report has been prepared to identify the potential environmental constraints for the possible development of a parcel of land identified as Block 454.01, Lot 1, Block 457.01, Lot 1, and Block 458, Lot 8, in Woodbridge Township, Middlesex County, NJ. The subject property is also known as the Colonia Country Club, which is a golf course located in the northwest portion of the Township. Included in this report is a discussion on how Freshwater Wetlands, Flood Hazard Areas, Riparian Zones, Steep Slopes and Soil Conditions may impact future development. This assessment has been generated by using published information available on the New Jersey Department of Environmental Protection (NJDEP) iMap web based online resource, the NJDEP GIS planimetric photo base maps, the web based FEMA flood maps, the NJDEP Freshwater Wetlands Protection Act Rules (as found at NJAC 7:7 A), the NJDEP Flood Hazard Control Act Rules (as found at NJAC 7:13), the NJDEP Surface Water Quality Standards (as found at NJAC 7:9B) and the Woodbridge Township Land Use Ordinance. In addition, a site reconnaissance was conducted by visual inspection at the property perimeter, without actually encroaching on the tract. Information regarding the Sanitary Sewer Service Area for the site was obtained by contacting the NJDEP, Division of Watershed Management.

A. EXISTING CONDITIONS

1. Flood Hazard Area

Based upon the published FEMA mapping (Panel Number 3453310002C, see enclosed FEMA Map, Figure 1) for the area, none of the three onsite streams have 100-year flood elevations that exceed their respective stream banks. The subject streams will only have a regulated floodplain if they drain at least fifty acres, above the lowest point onsite. Our initial drainage area assessment shows that the centrally located stream drains approximately 95 acres, which meets the 50-acre drainage area threshold, based on the contours represented in the USGS Quadrangle sheet. The easternmost and westernmost streams do not meet the minimum drainage area requirement to have a floodplain regulated under the aforementioned Flood Hazard Control Act Rules. In order to determine the limits of the NJDEP regulated floodplain, a detailed HEC-RAS drainage analysis for the site would have to be completed. Under the FHA regulatory requirements, no fill can be placed within the referenced floodplain.

S:IWoodbridge\PWB0051 0.0 1 Env. Constr. Rpt..doc

- 1 -

2. Riparian Zones

Under the NJDEP, Division of Land Use Regulation, Flood Hazard Control Act Rules, all naturally occurring streams that have a discernable bed and bank, will have a regulated Riparian Zone, regardless of their contributing drainage area. Under these rules, the NJDEP will also regulate many drainage features of human construction, if the features have taken on the appearance of a naturally occurring water body. The width of the Riparian Zone is predicated on three parameters: the NJDEP Surface Water Quality Standards, the presence or absence of threatened or endangered species, and the presence or absence of acid producing deposits. According to the Surface Water Quality Standards, the onsite streams are categorized as FW2, Non-trout. With respect to threatened or endangered species, the aforementioned NJDEP iMap does not indicate that there are such species onsite. Concerning the potential for acid producing deposits, the tract is tract underlain by the Passaic Formation, which is not listed as potentially acid producing. With these three factors considered, the subject onsite streams will likely have a fifty-foot wide Riparian Zone, as measured outward from the top of bank. The NJDEP Flood Hazard Rules allow only certain types of construction within the Riparian Zone, provided the activity is below the applicable disturbance area threshold. The approximate locations of Riparian Zones are depicted on the Environmental Constraints map included herein. Table A also indicates what the total constraint area that the Riparian Zones create onsite.

3. Freshwater Wetlands

The perimeter observation of the site conditions combined with the data shown on the NJDEP iMap revealed that portions of the site possibly contain Freshwater wetland areas. In particular, there is a stream in the southwestern corner of the site that drains into a wooded area that will likely meet the parameters necessary to identify the area as Freshwater Wetlands. In addition, the perimeter assessment also showed that an area may also exist to the northeast of this area. Given the lack of threatened or endangered species onsite, it appears that the NJDEP would likely impose a fifty-foot wide wetlands transition area (or buffer) surrounding any wetland area onsite.

S:IWoodbridgeIPWB00510.01 Env. Ccnstr, Rpt..doc

- 2-

Under the Freshwater Wetlands Protection Act rules, development is prohibited within Freshwater Wetlands, except for certain types of construction related to utility line installation, minimal road construction, and stormwater outfall or conveyance piping installation. Nearly identical restrictions exist for wetland transition areas, except that modifications to the shape of the buffer can be made without an overall loss of specific area. The possible wetland and wetland transition areas are shown on the Environmental Constraints Map, included with this report, comprise approximately 6.03 acres. The total area of the site constrained by wetlands and wetland transition areas are depicted on Table A.

4. Soils

The NJDEP I-Map SSURGO Soil Survey shows three (3) soil series present onsite (see SSURGO Soils Map, Figure 2):

Boonton Loam- comprised predominantly of sandy loam and gravely silt loam. The projected depth to the seasonal high water table ranges from 1.5 to 6 feet below existing grade, and is commonly perched above hydraulically restrictive soil horizons.

Haledon Loam- comprised predominantly of sandy loam that contains considerable amounts of gravel and cobbles. The depth to the seasonal high water table is shallow, between 0.5 and 1.5 feet below existing grade.

Hasbrouck Loam- comprised predominantly of sandy and silt loam, with considerable amounts of gravel and cobbles. The depth to the seasonal high water table is shallow, between 0.5 and 1.5 feet below existing grade.

These soil types will potentially have an impact on any future development from the standpoint of both sanitary sewage disposal and storm water management. In the absence of public sanitary sewer, any future development that requires sanitary sewage disposal will need to construct onsite individual subsurface sewage disposal systems. The NJDEP requires a four-foot separation between the seasonal high water table and the bottom component of the disposal field. The shallow seasonal high water table will necessitate substantial quantities of fill be imported to create mounded septic systems. Furthermore, in considering that

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much of the site may have a depth to the water table less than 24" below existing grade, septic system designs will have to be reviewed and approved by the NJ Department of Environmental Protection, under a Treatment Works Application. Onsite sewage disposal systems will need to rely on suitable soil and groundwater conditions, such that there has to be permeable soil or bedrock to act as a Zone of Disposal. Based on the published data for these soil types, a suitable Zone of Disposal may not be present in certain areas of the tract. Lastly, the need to construct individual subsurface sewage disposal systems will necessitate an increase in the minimum lot size within the site if a subdivision is proposed. We anticipate that it will be necessary to have two (2) acre lot sizes to properly support septic systems on this site with the soil conditions and depth to groundwater anticipated. Final lot sizing could be greater, but will be determined by soil profile pit and soil permeability assessments prior to approvals.

Regarding storm water management, the NJDEP requires a two-foot separation between the seasonal high water table and the bottom of detention or infiltration basins. Again, with the potential for a shallow groundwater across much of the site, there is a likelihood that the site will require significant fill.

5. Sanitary Sewer Service Area

In order to determine whether or not the subject parcel is within a designated sanitary sewer service area, the NJDEP, Division of Wastewater Management was contacted. The Division Representative stated that all golf courses within Middlesex County have been removed from the sewer service area, including the

. referenced site. Only the immediate areas surrounding the grounds maintenance building, golf cart maintenance building and clubhouse building remain within the designated area (see Figure 3, Sanitary Sewer Service Area).

6. Steep Slopes

.< According to the Woodbridge Township Land Use and Development Ordinance (as found at Chapter 150-24A(34)), Steep Slopes are defined as any slope equal or greater than twenty percent as measured over any minimum run of ten feet. Conversely, the perimeter assessment revealed two areas that may have a

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sufficient slope to be regulated under the ordinance: one immediately adjacent to the existing clubhouse, and the other near an elevated green. The approximate locations of both of these areas are shown on the enclosed Environmental Constraints Map. In addition, the Township provided aerial topography dated March 1962 which enabled this office to digitize steep slopes greater than 20 percent. The results of that analysis indicate that there are many bands of steep slopes thoughout the site that total approximately 2.73 acres. The total area of constraint posed by steep slopes is shown on Table A below.

Table A

WETLANDS AND WETLAND 262,625 SF 6.03
TRANSITION AREA ACRES
RIPARIAN ZONE AREA 284,440 SF 6.53
ACRES
STEEP SLOPE AREA 8013 SF 2.73
ACRES
Total Constrained Area 555,078 SF 15.29 AC This evaluation has reveled that there are environmental constraints that will limit the amount of buildable area on the subject property. From the standpoint of Freshwater

.. Wetlands, the southwesterly portion of the tract will be the most impacted by the NJDEP regulations. Under the Flood Hazard Control Act Rules, the Riparian Zones around the three onsite streams will also prevent construction within 50 feet of the top of bank. Additional constraints will be posed as a result of a 100-year floodplain around the centrally located stream. Under the Township Ordinance concerning Steep Slopes, portions of the site near an elevated green and near the clubhouse may have existing grades to be considered as Steep Slopes, which would also preclude development. Lastly, the subject property has been removed from the designated sanitary sewer service area, as is the case with all golf courses within the County.

B. DISCUSSION

Construction limitations may be present as a result of a high water table in certain areas of the site, namely the areas mapped as Haledon and Hasbrouck soil. The

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potential shallow depth to groundwater may require the use of alternative septic system designs, and submission of the plans to the NJDEP, as the Township Health Department cannot approve designs where the water table is less than 24" below existing grade. Similarly, poor permeability soils may also further limit the construction of septic systems in certain areas. Depth to bedrock may also influence the method used to install subsurface utilities, foundations, and further limit septic system construction.

C. CONCLUSION

The identification of environmental constraints presented herein has been based largely on existing, published map data in combination with NJDEP regulations and a portion of the Township Ordinance. Due to the nature of the constraints and the data sources, the exact location of the constrained areas can only be identified by an onsite evaluation. The specific areas of Freshwater wetlands can only be established by inspecting the soil conditions, in conjunction with the surrounding vegetative community. A final, onsite delineation would then be used to establish the limit of Freshwater Wetlands and the related transition areas. Similarly, the exact top of bank locations would have to be identified onsite, and then used as a starting point to further locate the Riparian Zone. A site specific HEC-RAS calculation would have to be performed to establish the 100-year floodplain limit for the stream in the center of the parcel. Finally, when the Township's Steep Slope Ordinance is considered, a topographic survey would need to be prepared so that a formal assessment of the existing surface contours can be accomplished.

S:IWoodbridge\PWB00510.01 Env. Constr. Rpt..doc

-6-

"'''',

Project Lo

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on

, ..... ; ...

FEMAMAP FIGURE 1

--.---------------~~----------------~--------------~~~------------------~

CONSULTiNG AND MIJNICJl"Al .. ENGINI;;I:'R$ j

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LOT; 1 BLOCK: 454.01 WT: 1 BLOCK: 457.01 LOT: 8 BLOCK: 458

MUNICIPALITY: Townsbip of Woodbridge COUNTY: Middlesex County

APPLICANT: Township of Woodbridge SCALE: As shown above

FILE NO: PWBOO5IO.Ol

1. Boonton Loam 8)

2. Boonton Loam (Soge)

3. Haledon Silt Loam (HanA) 4 .. Hasbrouck Silt Loam (HctA)

SSIJR(JD sou. klAP FI(;-{JRE 1

cOI'-isuCni'>lG /'NO UN!dpAL ENGINEERS

~.'~' ~~:~.~!!:~,.::,.,_;-<:: '".1':,';; i"'~ :Z.n :~"'-'; f~.'_~·' """",',.;' "".~;";i "'~~:I'~ •. ~.).:.,; ",,'.;/., ';;',;. ,~:"., > ., • "

LOT: BLOCK'j5,LLii

LOT: BLOCh:: 457_!)1

LOT: :;; BLOCK 45~

M.UNICIf'AUT'{: Te,\vliship , .. i'\'V,j(,dbrid~" CUUNT\,' iV!irUi;:':;ex (ouniy

A PPLICA,'\'T: T'>YIHhip (_);' W(!(,dbl';dgc' seA LE: l\S shu'N!> :!i)'j\'\o

FI LC NO: PWH(H)5! !i.O!.

-.-.-.--"-~ .. -.- .. ,-- .. ---.-.- ... -,, .. - .. -.- .. - .... ,_.---_ .... _._-- ... --------'------_ .. _-

.. _ _.~ __ ._ __ _ ._._ c __ : .. .:.c.l.·.· .'. c"

*Entire Project Area is located outside of designated Sanitary Sewer Service Area, except for the areas immediately surrounding the clubhouse and grounds maintenance building.*

SANITARY SEWER SER VICE AREA su» FIGURE 3

CONSULnNG AND MUNICIPAl .. ENGINEERS

;;-.<'~f,~~~V;<,,·.V~'~'.,:,'~I·. "_i.";,, 'b.', ;':;;'~.';' ? .. ~;,~ ·.'~<~,._,~",,'·i .... '.;"" '···',"'~I.,:. '>-,.., ?" ••

LOT: 1 BLOCK: 454.0 I LOT: I BLOCK: 457.0 I LOT: 8 BLOCK: 458

MUNICIPALITY: Township of Woodbridge COUNTY: Middlesex County

APPLICANT: Township of Woodbridge SCALE: As shown above

FILE NO: PWB0051O.01

r

I

.t

Peter E. SockJer, MAl, CRE, FRICS

Professional Qualifications

Education

Fairleigh Dickinson University M.B.A.- Finance

Raritan Valley College A.A. S. - Real Estate

Muhlenberg College B.A.- Political Science

The American Institute of Real Estate Appraisers Course 1 A-I - Real Estate Principles

Course 1A-2 - Basic Valuation Procedures

Course 1B-A - Capitalization Theory and Techniques - A Course 1B-B - Capitalization Theory and Techniques - B Course 2-1 - Case Studies in Real Estate Valuation Course 2-2 - Valuation Analysis and Report Writing Course 2-3 - Standards of Professional Practice

Additional Courses/Seminars

Boeckh Commercial/Industrial Real Estate Construction Course Pro-Ject+ Real Estate Analysis Software Seminar

Pascal Real Estate Analysis Software (Office 2, Center) Seminar Rates, Ratios and Reasonableness

Argus Real Estate Analysis Software Seminar Numerous other seminars and courses

Professional Licenses and Certifications

State of New Jersey

Certified General Appraiser Number 42RG-000 19800 Licensed Real Estate Broker

State of Pennsylvania

Certified General Appraiser Number GA-000726-L Licensed Real Estate Salesperson

Professional Affiliations

Appraisal Institute

MAl Member - Certificate Number 9627

The Counselors of Real Estate

CRE Member - Certificate Number - 2176

Royal Institute of Chartered Surveyors

RICS Member - Certificate Number - 1273932

Regional Representative, Appraisal Institute, Central New Jersey Chapter Past President, Appraisal Institute, Central New Jersey Chapter

Past Chairperson Admissions Committee, Appraisal Institute, Princeton Chapter

Past Chairperson Candidate Guidance, Appraisal Institute, Central New Jersey Chapter

Past President, Windsor Regency Condominium Association Former Member, Hightstown Borough Planning Board

Professional Experience

Sockler Realty Services Group, Inc. Principal of valuation firm specializing in range of property types including office properties, hotels and golf courses.

Hightstown, New Jersey appraisals and advisory services covering a broad buildings, retail centers, subdivisions, industrial

Carduner, Sockler & Mignogna Realty Advisors, Inc. East Windsor, New Jersey President of valuation firm specializing in appraisals and advisory services covering a broad range of property types including office buildings, retail centers, subdivisions, industrial properties, hotels and golf courses.

Stephen M Segal, Inc. Lawrenceville, New Jersey Appraiser and Sales Associate; Appraisal Services involved in the preparation and review of narrative appraisal reports covering a broad range of commercial, industrial, and multi-family residential properties. Involved in analysis for sale, purchase, financing, leasing, corporate planning and tax appeal. Engaged in real estate sales and leasing assignments on a limited basis.

Joseph L. Mazotas, Inc. Princeton, New Jersey Appraiser and Sales Associate, Appraisal Services involved in the preparation and review of nar rative appraisal reports covering a broad range of commercial, industrial, and multi-family residential properties. Involved in analysis for sale, purchase, financing, leasing, corporate planning and tax appeal. Engaged in real estate sales and leasing assignments on a limited basis.

American Appraisal Associates Princeton, New Jersey Assistant and Staff Appraiser, involved in the preparation of narrative appraisal reports covering a broad range of commercial, industrial, and multi-family residential properties throughout the northeastern United States. Involved in analysis for sale, leasing, financing, corporate planning, and allocation.

Barrood Appraisal Services Kendall Park, New Jersey Staff appraiser involved in the preparation of form appraisals on one-to-four family residential properties.

Expert Testimony

" Federal Bankruptcy Court o New Jersey Tax Court

.. U.S. District Court

.. Various New Jersey Superior Courts o Various New Jersey Tax Boards

• Various Arbitration Matters

Representative Clients

0 Banks
• Attorneys
0 Developers
• Government Agencies
& Fortune 500 Companies
• Insurance Companies
e Institutional Investors Significant Assignments

e Community shopping centers

II Environmentally contaminated property valuations e Feasibility studies

" Large manufacturing facilities • Hotels and motels

., Office parks

.. Various special purpose properties

Noam Kutcher

Professional Qualifications

Education

Beth Medrash Gavoha M.A.- Talmudic Studies

Appraisal Web School

75 - Hour Qualifying Course

Appraisal Courses Completed

- Principles of Appraising

- Procedures of Appraising

- General Applications

- Standards of Professional Practice, USP AP

- Business Practices and Ethics

- Highest and Best Use

Professional Licenses and Certifications

New Jersey

Certified General Appraiser Number 42RG-00229800

Professional Experience

Sockler Realty Services Group New Jersey, Inc. Hightstown, New Jersey Associate specializing in appraisals covering a broad range of residential and commercial property types including income producing properties.

Kline Valuation Services Inc. Associate residential appraiser servicing many clients including mortgage brokers and direct lenders.

Use for initial Law Division - Civil Part pleadings (not motions) under Rule 4:5-1.

Pleading will be rejected for filing, under Rule 1 :5-6(c), ,_.-------t----~------___I if information above the black bar is' not completed or if attorney's signature is not affixed.

CIVIL CASE INFORMATION STATEMENT (CIS)

ATTORNEY/PRO SE NAME Karl P. Kemm, Esq.

TELEPHONE NUMBER (732) 545-4717

FIRM NAME (If applicable)

HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP

OFFICE ADDRESS

40 Paterson Street P.O. Box 480

New Brunswick, NJ 08903

JURY DEMAND DYES

~ NO

NAME OF PARTY (e.g. John Doe, Plaintiff) The Township of Woodbridge

CAPTION

The Township of Woodbridge v. Colonia CountryClub,ML Colonia,LLC

CASE TYPE NUMBER (See reverse side for listing): 301

IS THIS A PROFESSIONAL MALPRACTICE CASE?'

DYES

~ NO

IF YOU HAVE CHECKED "YES", SEE N.J.S.A.2A:53A-27 AND APPLICABLE CASE LAW REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT.

RELATED CASES PENDING?

~ YES D NO

IF YES, LIST DOCKET NUMBERS MID-L-1 043-1 0

INSURANCE COMPANY, IF KNOWN D NONE

D UNKNOWN

ANY PARTIES (arising out of same transaction or occurrence)?

D YES ~ NO


THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE .

CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
DO PARTIES HAVE A CURRENT D EMPLOYER-EMPLOYEE D FRIEND/NEIGHBOR
PAST OR RECURRENT IF YES, IS THAT
RELATIONSHIP? RELATIONSHIP D FAMILIAL D BUSINESS
DYES ~NO D OTHER (explain)
DOES THE STATUTE GOVERNING THIS DYES ~ NO
CASE PROVIDE FOR PAYMENT OF FEES
BY THE LOSING PARTY?
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED
DISPOSITION:
DO YOU OR YOUR CLIENT NEED ANY IF YES, PLEASE IDENTIFY THE
b. DISABILITY ACCOMMODATIONS? DYES ~ NO REQUESTED ACCOMMODATION:
WILL AN INTERPRETER BE NEEDED? DYES ~NO J IF YES, FOR WHAT LANGUAGE:
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be
redacted from all documents submitted in the future in accordance with Rule 1 :38-7(b).
ATTORNEYSIGNt:::J p. '~
KARL p, KE~ , /
- Revlsed effective 411/2010, CNIO:>17

CIVIL CASE INFORMATION STATEMENT (CIS)

Use for initial pleadings (not motions) under Rule 4:5-1

CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse' side.)

Track I - 150 days' discovery

151 NAME CHANGE

175 FORFEITURE

302 TENANCY

399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)

502 BOOK ACCOUNT

505 OTHER INSURANCE CLAIM (INCLUDING DECLARATORY JUDGMENT ACTIONS)

506 PIP COVERAGE

510 UM or UIM CLAIM

511 ACTION ON NEGOTIABLE INSTRUMENT

512 LEMON LAW

801 SUMMARY ACTION

802 OPEN PUBLIC RECORDS ACT (SUMMARY ACTION)

999 .. OTHER (Briefly. describe nature of action)

Track II - 300 days' discovery

305 CONSTRUCTION

509 EMPLOYMENT (other than CEPA or LAD)

599 CONTRACT/COMMERCIAL TRANSACTION

603 AUTO NEGLIGENCE - PERSONAL INJURY

605 PERSONAL INJURY

610 AUTO NEGLIGENCE - PROPERTY DAMAGE

699 TORT - OTHER

Track III - 450 days' discovery

005 CIVIL RIGHTS

301 CONDEMNATION

602 ASSAULT AND BATTERY

604 MEDICAL MALPRACTICE

606 PRODUCT LIABILITY

607 PROFESSIONAL MALPRACTICE

608 TOXIC TORT

609 DEFAMATION

616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES

617 INVERSE CONDEMNATION

618 LAW AGAINST DISCRIMINATION (LAD) CASES

620 FALSE CLAIMS ACT

Track IV - Active Case Management by Individual Judge / 450 days' discovery

156 ENVIRONMENTAUENVIRONMENTAL COVERAGE LITIGATION

303 MT. LAUREL

508 COMPLEX COMMERCIAL

513 COMPLEX CONSTRUCTION

514 INSURANCE FRAUD

701 ACTIONS IN LIEU OF PREROGATIVE WRITS

Centrally Managed Litigation (Track IV)

280 Zelnorm

285 Stryker Trident Hip Implants

288 Prudential Tort Litigation

Mass Tort (Track IV)

248 CIBA GEIGY 281

266 HORMONE REPLACEMENT THERAPY (HRT) 282

271 ACCUTANE 283

272 BEXTRA/CELEBREX 284

274 RISPERDAUSEROQUEUZYPREXA 286

275 ORTHO EVRA 287

277 MAHWAH TOXIC DUMP SITE 601

278 MOMTEAlAREDIA 619

279 GADOLINIUM

BRISTOL-MYERS SQUIBB ENVIRONMENTAL FOSAMAX

DIGITEK

NUVARING

LEVAQUIN

YAZIY ASMIN/OCELLA ASBESTOS

VIOXX

If you believe this case requires a track other than that provided above, please indicate the reason on Side 1, in the space under "Case Characteristics."

Please check off each applicable category: o Verbal Threshold

o Putative Class Action

o Title 59

Revised effective 411/2010, CN10517