HomeMy WebLinkAboutHarbes Matt Farm OF.~'ICE OF '1'1~? TOWN CLEP~K
TIIIS IS TO CERT~' T~kT ~ H E ~ OLLOXA~NG RESOLUTION NO. 325 O[ 2004
~5 AS _~OPTED AT T~ ~GUL.~ ~E~ING OF T~E SOUTIIOLD TO~g~ BOARD
ON APRIL 6~ 2004:
I~ HE~AS, the Town Bored of dtc Tox~n of Soutlnold held a pttbhc heating on thc que>tion of
tire p~chase of a developmcm fi~ts easemem ou a~Tic~mral lands for a certain pxrcel of
property owned b5 Edward ~¥ Harbcs HI on the ~ day ot April, 1004, purs~nt to tko
proxision~ et Chapter 25 (A~/ctdt~a[ Lm~ds P~esetx afion) ~d Chapter 6 [Coltantt~[5
Pre~e~'afion Fund) oI'thc Town Code. =t wh[ck time ali inro-ested panic~ ,~ ere ~x en the
oppo~n[B~ Io bc he~d: and
~l~lcl~RE AS, said propert5 is identified a, part o£ SCTM' #1001J-112-1-7 and 417 Sound Avenue,
Ma~imck, New Yin-k, and is located on the ninth side of Sotmd ;\venue
feet west of the intersection of Bergen Avenue and Sotmd 'M'enue
~,VI:IEREAS, the development rights easement comprises approxhuately 3 I= acrc~ of the 42.3 i6
acre farm. The exact ~ca o£ the development right~ easement is ,u'qicct [o the sur~ ey; and
~,$2fEREAS, the property i~ listed on the To~n's Community Preserx ation Project Plan as
property th~qt shordd be presell,ed duc to its ~.gricttltural value, and
WHEREAS, the properly i~ adjacent to over' 400 acre> of active fmmlaud parcels on xxhich thc
dexelopment righ£s hax e been purchased: and
WItEREAS, the purchase of the developmem rights on this property is io conformance wtlh lb.e
provfsions of Chapter 6 (2% Community Preach,etlon Fund) and Chapter 25 (A~m'ienlmral Laud~
Preservation) of the Town Code, and
~ II [ REA~ the purchase price is $30~000 (thkiy thousaad dollars) per buiidable acre~ at~d
WItEREAS, the Town Board deems it i~ the best public in[erest that the Town of Southold
purchase the developme~tt rights on these agricultural land. s; now, therefore, be it
RESOLYEI) that the Town Board of the Tow~ of Southold hereby eletns to i~urchase a
development ri~h~ easement on part of a certain oarcel of oral,em of a~m'ieultural land~
on'ned bv Harbes Mattituck Farm, LLC. ~urs~tant to the provisions of Chapter 6 and
Chaotor 25 of the Code of the Town of Southold. Said orol~e~ is identified as part of
SCT3,I #1000-112-1-7 atad 714 Sound Area ne, Matiitucl~ New York, and is located an the
north side of Sound Avenue approximately 2,174 feet w~t of the intcrseclion of Bergen
Avenue and Sound Avenue i~ N{al~ituek Tire development rights casearent comprises
approximately 31± acres of the 42.376 acre farm The exa~ area of thc development ri_~hts
easement is subject to sur~ey, llae purchase price is $30,000 ( thixly thousamd dollars) per
buildable acre. 'llxe Tmon may be eligtble i~br a grant ~om the New York State Department of
A~ieultore for partial pumhase of this property and pat~ of the purchase price may be
reimbursed from that agency.
Eliva~eth A. Neville
Southold Town Clerk
DEPAltTNIENT OF LAND PRESERVATION
TOVv~N OF SOUTHOLD
To: John Cushman
Town Compffoller
Administrative Assistant
Date: Apd123, 2004
Re: Edward W. Harbes 10 to Town of Southold
SCTM ~1000-112-~1-7 (total PDR 30.54 acres)
Premises: 417 Sound Avenue, Mattituck
Development Rights Purchase ($909,300.00 based on 30.51 acres)
John:
Please be advised that a closing in regard to the above real estate transaction has been sci~eduled
for Thursday, April 29, 2004, at 3:30 pm., in the conference room at Southold Town Hall. Attached you will
find ced~es of the payment vouchers that have been prepared and will be signed by the appropriate parties
the closing. A check for the full amount of/he purchase price w~ll need to be issued, as I[s~ed below, for/he
William F. Farrell, AS Trustee $ 909,300.00
Additional checks will need to be issued, as follows, to cover [he Town's closing cos[s:
$4149.00 plus deed recording fee $200.00) $ 4,349.00
Karen Hagen, Esq. (We closer) $ 50.00
of $2000.00 and to Nelson, Pope & Voorhis. LLC in the amount of $1500.00. These invoices will be
processed through the Accounting DeparLmeat upon receipt of same.
Thank you for all your assistance in this maEer.
Melanie
aRachments
cc: Town Board w/o attachments
Lisa Clal~ Kombdnk Esq. w/o at[achlnents
SOI~HOLD TO'tN BO3JLD
PL~ILIC HEARING
April 6, 2004
5:05 P.M.
HE~,RING ON THE PURC}L&SE OF DE*CELOPMENT RIGHTS EASEI~$ENT ON
_kGRICULTUR&I. LANDS OF II.~RllES MATTITUCK FAR'I, I.LC, SCTM #1000-112-1-7,
714 SOUND -aVENUE. I~LATTITUCK.
Present: Sttper~ isor Joshna Y. Hotmn
.Iustiee Lmtisa P. E~ans
Councithtan John M. Romanelli
Councilman Thomas H. Wickham
Com~cilman D~nfiel C. Ross
Counciknan William P. Edwmds
[ox~ n Clerk Elizabeth A Nevitic
Town Attorney Patti. cia A. Finnegml
COUNCIL~.LM",r xArlCKFLadM: NOTICE IS HEREBY GIVEN that pm~uant to tile provisions of
Chapter 25 (~Agricutittral Lands) and,,tcr Chapter 6 {2% Comnmltity Presen'at~on Frond) of thc
Code, the Totem Board of tiz¢ To*~m of Sou[hold hereby sets Tuesday, Am'il 6. 2004, at 5:05
Sontholti To~n Ilall. 53095 3lain Road. Southold, New York as the lime and I)lace for a I~ublie
hearinl~ for the purchase of a develo!ament rights easement on aa_rieultural lands for a certain
parcel of t~ro,ertv owned bY Harbes 3lattituck Farm, LLC. Said property is iden~fied as pall of
SCTM ~1000-112-1-7 Thc address is 714 Som~d Avenue, Matdtuck, Naa- Ymk, and is located on thc
nmxh side o£ Sotmd Avenue. apptoximatel) 2,174 feet west of the intersection of Bergoz A~ enue and
Sotmd Avenue, ha Mattituck. The development ri~lts easement comprises appro.,zLmately 31 9 acres of
the 42.376 acre parcel. The exact area of the development rights easement is subject to sur~ ey.
The pm-chase price is $30,000 (ttfi~, [hou~and dollars) per buildable acre. The property is listed on the
[own's Community Presetn~atiou Project Plan ms prope~D' that should be prescribed duc to its
a_mciculUtral vahae. The Town ma.',' be eligible Ibr a ~ant fi-om tile New York State Department of
AgTiculture for partial pumhasc of th/s property and part of the purchase price may bc rehnbursed from
that agency.
FURTHER NOTICE is hcrcb> gi~ e~a that a more demilcd description o f the abovc mentioned parcel of
land is on file in Land Presemmthan Department, Southold Toxx'~ Hall, Feather Hill Ampex, Sottthold,
New York, and may be examined by any hateresled person dtkrflag bushaess honrs.
I have notice that it ha~ appearcd as a legal ha tile local ncw~aper and it Iaaa appeared outside on the
Towaa C[erk's bulletin board. That is it
SUPERVISOR HOR'I ON: Thank }~u. Counclhnan Wickham. The floor is open to [he public.
,april 6, 2004
Public Hearing-Harbes
ivWLISSA SPIRO, LAND pRESERVATION COORDINATOR: Hi, I am Mehssa Spiro, the Yand
Pfc=ch'alton Coordinator. :&s noted, this is a farmland development rights easement of appro>&mately
3 [ acres, the faun is on the ConmauniD' Presen, ation Plan anti also on oar to,~m's farmland inventory.
Thc Harbes t~amily will be resenqng flora thc casement approximately three acres around their existing
house on the not'th side of the property. They are also reset-tdng about 7.5 acres along Som~d '~vetme
fi'om the development rights ea.sements, that is the area timt contains their tim-m stand and their
_m'eenhouses. ~[he Harbcs hmily i~ before the Planning Bo~d Ibr a mh~or ~ubdivision to subdivide thc
[tm into t~o [am, so once the subdivision i~ appro~ ed. there will he a buiMing cnx elope around the
existing house. It will be attached to 22 acres of presened thmdand [md the other building eux elope
will be around the 7.5 acres 1 described before and that will be attached to about 8 acre= of preserved
f'am~lmd on tim south side of the propero~, rhe Hathe~ faufily own~ die adjacent fam~ on the lower
~e~t side of the properl3r. The prcscrved Keyspan property, which eve~'onc has been hearing ahout
Iatel)~ is property ,Match is about 500 acres it is adjacent to and to the west of the Harbcs l:arm. In
addition, the Toxm~ or, ms thc development rights to about 100 acres to the east side of the Harhes fame.
Thc Ha.rbe~ ha~e been thinldng about selJing their dex. elopment rights fro' a long fimc and recently they
decided that it is the correct time to do so now, for their purposes. [ am glad that flm Town:s
development pro_.sa-am is here t'or tbe Harhas l~nil) and I thank them for malting thc commitment to
preserve their fatmlm~d. Both the Land Preserx-ation Conunitlce and I s~ongly recommend that thc
Town proceed ~/th this significanrpurcltasc. Ihanks.
SIJPERVISOR HORTON: Are their other comments fi'om the public itt regard to this public hearing?
Yes. Ms. Norden.
~.,LFLANIE NORDEN: Well, I would like to say that not ordy is this xxonderfifl but you, both Ed and
Monica have done such a bcautiful job at creating wonderful beaut3, out here on the North Fork Your
thmt stands are gorgeous, everything is very_ plcntil'ul, it is beanfifi.zl m~d we can't tlmrtk 5.ou enougth.
SUPERVISOR ItORTON: Are there other cotranents fi'om the floor? (No response) We will close
the hemqng.
Southold Town Clerk
#2997
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
· Joan Ann Weber of Mattituck, in said county, being duly
sworn, says [hal he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and thai [he Notice of which [he annexed is a printed
copy, has been regularly published in said Newspaper once each week for
weeks successively, commencing on the
Is[ day of April ,2004.
NOTARY PUBLIC-STATE OF NEW YOSK ,,~ Principal Clerk
,-
Sworn to before me this ] dayof (..../~./~4c '
2004
LEGAl. NOTICE
NOTICE OF PUBLIC HEAR/NG
NOTICE 1S HEREBY GIVEN that pursuant to the provisions of Chapter 25
(A~m'icultttral Landsl m~d,'or Chapter 6127,'; Coamimthy Preser~ alton Ftmd) of the Tox~m
Code, the Toxxm Board o£the To~ n of Soathold hereby sets Tuesday, Am'il 6, 2004. at
5-'05 o.m., Southold To~n I~all. 53095 Main Road, Southold. Ne~ York as the time
and olace for a public hearinE for the lmrehase of a de~ elooment rights easement on
a~ricultural land~ for a certain parcel of property owned bv Harbes Mattimck
Farm~ tLC- Said property is identified as part of SCTM # 1000-112-1-7 The address is
714 Sotmd Avenue, Mattimck, New York. and is located on thc north side of Sotmd
Avenue, approximately 2,174 feet west of the intetaection of Bergen As,enue m~d Sound
Ax'enuc, ~ Matthuck. The development rlght~ easement comprises appro~mately 31.9
acres of the 42.376 acre parcel. The exact m-ca of the development ~Sghts easement is
subject to stu'vey.
The purchase price is $30.000 (thirty thousand dollars) per buildablc acre. The property is
listed on the ToxxnCs Commut~ity Pm,ervation Project Plan as property that should be
preserved thle to its agricultural value. The Town may be elig/ble for a grant fi-om the
New York State Depamnent of A_mSculmre for partial purclmse o£this property and pan
of the purchase price may be mimbmsed fi-om that agency.
FL~I'HER NOTICE is hereby Wen that a more detailed description ol'the aboxe
mentioned parcel of land is on file in Lm~d Prescr~ ation Department, Southold Toxx]~
Hall, Feather Hill Ammx. Southold. New York, and may be examined hy any h~terestcd
Dated: Ma~ch 23. 2004 BY ORDER OF 'IHE TOX3,2'q BO_affLD
OF THE TOX3,2q' OF SOUTHOLD
Elizabeth NexS[le
Tox~ n Clerk
PLEASE PUBLISH ON kPK[L 1, 2004, AND FORWARD ONE (1) AFFIDAVIT OF
PLBLICATION TO ELIZ;kBETH NEVILLE, IO\VN CLERI~ TOWN tL~LL, PO
}]OX 1179. SOUTHOLD. NY 11971.
Copies to thc tbllo~ Lng:
Suffolk Times Me[issa 4
Tovm Board 1Membel~ Town Attorney
Trot ti Clcrk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF S[~'FOLK)
ELI/~MIETH A. 1NEVILI.E, Towtt Clerk of the Tow of' Southold. Ney. York behag
duly sworn, says t[tat o~x the ~t day of 'Cr~ ,2004, she affixed a notice
of which thc ammxed prLnted notice is a tntc cop>, in a prcrper and substm~tial mariner, in
a most public place in the '1 oxxm o1' Southold, SufFolk Counl% New York, to wit: Toxx-a
Clerk's Bulledn Board, 53095 M'a/n Road, Southold, Ncx~ York.
NO fTCE OF PUBLIC HE.A.-RiNG TO BE HELD ON: April 6, 2004, 8:1)5 1J-re.
$outhold Tow'n Clerk
Sworn before me this
day of F¢~-~.-L- ,2004.
Notar> Pubic
ELIZABE'rH A. N EVTCI .~. Tov, n H~II, .~3095 ~ Road
TOWN CLEIIK P.O. Box 1179
OFFICE OF ~ TOWN CLERK
TOWN OF SOUTHOI,D
THIS IS TO CERTII~' T}L-VF THE FOLLOXVING RESOLUTION NO_ 276 OF 2004
WAS ADOPTED cAT TIlE ~G[ LAR ~ET~G OF THE SOUTHOLD TOXg~ BO.~D
ON ~CH 23, 2004:
~SOL$~D that purs~tt to thc provisions of Chapter 25 {A~cttltt~ L~&q) and.'or Chapter
6 (2% CozeneD' ~esc~'ation Fund) of the town Code, the Tox~m Board of the Tox~a~ of
Sou~old hereby sets Tuesday. Aprll 6. 2004, at 5:05 O.~. Southold Tom Hall, 53095 Main
Road, Southold, New York as the ~e and place for a public hearMg for the pureh a~e of a
development rights easement on agricultural lauds for a certain pm'eel of property owned
bY Harbes Matlituck Farm, I.LC. Said prope~, is id~tified as p~ of SC~I ~1000-1 [ 2-[-7.
The ~&ess is 714 Sotmd Avenue, MaMmck, New Yozk, md is located on the no~h side of
Sotmd Avenue, a~mximate[y 2,174 l~et west of the interseclion ol'Bergen Avenue and Somxd
Ax'maue. ~ Maltituck. ~e developmem ri~ts ca=ement comprises appro~matcl5 31.9 acres
the 42,376 ~re parcel. The exact are~ of the development ri~zts easement is subject to st~'ey.
The purch=e price is $30,000 (t~y thousand dollar~) per buildable acre. The propeay is listed
on the Town's Co~muMty Presetamtion Project Plan as prope~ thai shotdd be presem'ed due
its a~cul~al value. D~c To~ n may be eli~ble lbr a grant from the New Ymk State
Depmtm~t of A~cttI~e for patlial purchase oft~s prope~W and part of ~e pumhase price
may be reimburs~ ii'om that agenc¢
F~R NOTICE is hereby ~x-~ that a more detmled description of the aboYe mentioned
parcel of land is on file M [m~d Prese~a~on Depaament, Southold Tox~m Hall, Feather
Anne~, Somhold, New York, and may be cxaxMned by any interested person d~g business
hours.
Elizabeth A. Nevilh'
Southold To*~n Clerk
OFFICE LOCATION:
MELISSA A. SPIRO To~m thll Annex
LAND PRESERVATION COORDINATOR 54375 State Route 25
rnelissa.spiro@town.sourhold.ny.us S~_I (corner o£ Main Road & Youngs Avenue~
Telephone (63 l) 765-5711 ~,I $outhold, New York
Facsimile (631) 765-6640 ~ MA~,ING ADDRESS:
P_O Box H79
Southold. NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Melanie Doroski
Administrative Assistant
Date: September 13, 2004
Re: EDWARD W. HARBES III to TOWN OF SOUTHOI_D
30.31 acres Development Rights Easement
SCTM #1000-112-1-plo 7
Premises: 714 Sound Avenue, Mattituck
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Suffolk County Clerk Records Office Recording Page
· Suffolk County Recording & Endorsement Page
· Original Grant of Development Rights Easement dated April 29, 2004, between Edward W.
Harbes III and the Town of Southold, recorded in the Suffolk County Clerk's office on
8/3/04, in Liber D00012334 at Page 644
· Original Land America Commonwealth title insurance policy #RH80040598 in the amount
of $909,300.00
· Closing Statement
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded deed
Jack Sherwood w/copy of recorded deed and suryey maps
Town Board w/o encs.
SUFFOLK COUNTY CLERK :
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD Recorded: 08/03/2004
Number of Pages: 17 At: 08:48:40 AM
.Receipt Number : 04-0085614
TRANSFER TAX NUMBER: 04-00175 LIBER: D00012334
PAGE: 644
District: Section: Block: Lot:
1000 112.00 01.00 007.002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $909,300.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $51.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $50.00 NO
TP-584 $5.00 NO Cert. Copies $0.00 NO
RPT $50.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Comm. Pres $0.00 NO
Fees Paid $186.00
TRANSFER TAX NUMBER: 04-00175
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
Number of pages
CLERK O~
TORRENS
~Jr r 0'-~ C.'3Li~ffY
L
Serial ~ P 644
Certfficate ~ .... ~ .....
Prior Cfi. g ~
Deed / Mo~gage ~stmme~t Deed / Mo~gage Trax Stamp Recording / Fi~ng Stamps
Page / Fil~g Fee Mortgage Amt.
1. Basic Trax
Hand~ng 5. 00 2. Ad~ioa~ T~
TP-584 ~ Sub Total
Notation Spec./Assit
or
E~-S2 17 (County) 5 ~ Sub Total ~O ~ Sp~./Add.
~ T~T. MTG. T~
EA-5217R.P.T.S.A.(S[ate) ~0 ~ Dual Town __ Du~ Coun~
~ Held for Appo~tmeat
Con~. of Ed. 5. Tr~sfer Trax
Affidavit Mansion Trax
The prope~y covered by [his mmxgage is
Ce~x~ied Copy or wi~ be improved by a one or two
Reg. Copy Sub Total ~ ~ f~ly dwell~g o~y.
1~ ~S or NO
Other
~~--~, / If NO, see approphare trax clause on
~and
Total
page ~ __ of t~s insanment.
PropertyRealP/°100{ ~018465 1000 11200 0100~[07001
~ ~%.. 1000 11200 0100 ~07002 Consideration Amount $
· ,
Verification --
Vacant Land
Satisfactions~charges~eleases [ist Prope~y Owners MMHng Address
RECO~ & RET~ TO: TD
LISA C. KOMBRINK, ESQ. TD
149 Hampton Road TD
Southampton, 5Iew York 11968
7 I Title Company I~ormation
Suffolk County Recording & Endorsement Page
~s p~e forms pa~ of the attached __ DEED made by:
(SPECIFY TYPE OF ~S~UN~NT
EDWARD W. HARBES III The presses herein is simatedin
S~OLK COU~ NEW YORK.
TO In the Townsh/p of SOUTHOLD
TOWN OF SOUTHOLD
In the VILLAGE
or HAl~ILET of MATTITUCK
BOXES 6 THRU 8 MUST BE TYPED OR PRIIXrrEP IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
Z-~/'~,-, day of April, 2004 at Southold, New York. The parties are Edward -W.
Harbes I!I, residing at 715 Hallock Lane, Mattituck, New York 11952 (herein
called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation,
having its principal office at 53095 Main Road, P.O. Box 1179, Southold,
New York (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, more fully
described in SCHEDULE. A attached hereto, made a part hereof, and as
shown on a survey dated September 20, 2001 and updated March 16, 2004
(Sheets 1 of 2 and 2 of 2), prepared by Stanley J. Isaksen, Jr., hereinafter
referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold which designation, to the extent possible, is intended to
prevent the unnecessary loss of those lands which contain prime agricultural
soils as outlined in the Town Code of the Town of Southold, Section 100-30.
The Property is designated as part of Suffolk County Tax Map Parcel Number
1000-112-1-7; consisting of 8.08 acres (proposed portion of Lot 1) and
22.46 acres (proposed portion of Lot 2), for a total of 30.54 acres, 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 #7, and the Grantor wishes to continue using the Property for
agriculture; and
WHEREAS, the Property is currently in use for agricultural production;
and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, pursuant to Section 272-a of the Town
Law to preserve prime agricultural soils, protect environmentally sensitive
areas, to protect the scenic character of the Town and protect the Town's
agricultural economy; and
WHEREAS, the Property in its present condition has substantial and
significant value as an agricultural resource; 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 tangible and intangible values of the Property as an
agricultural 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 NTNE HUNDRED AND NTNE
THOUSAND-THREE HUNDRED Dollars ($909,300.00) and other good
and valuable consideration paid to the Grantor, the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and conve.y 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
S£heduie "/¥' annexed hereto, and made a part of this instrument.
TO HAVE'AND. TO HOLD said Development Rights Easement 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 Grantorf its legal representatives, successors and assigns, the
fee ownership aj~d'the exclusive right of occupancy and of use of the
Property, su'bje¢~ to the limitations, condition, covenants, agreements,
provisi~ops and use:re.s, trict;ion hereinafter set forth, which shall constitute
and shaJl'be servitudes ~p~ and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Ownership
Grantor represents to the Grantee that Grantor is the owner of the
Property described in Schedule A, free of any mortgages or liens except as
may be set forth in Commonwealth Land Title :Insurance Company Titl.e
Policy #RH80040598 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 Section 64 of the New York State
Town Law and Section 247 of the New York 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 agriculture, open spaces and natural or
scenic resources.
0.03 Purpose
Tt is the primary Purpose of this Easement to: a) enable the Property
to remain in agricultural use for current and future production of food and
fiber, and livestock and livestock products, by protecting in perpetuity its
agricultural values, use and utility, including its prime and statewide
important agricultural soils; and b) prevent any use of the property that
would significantly impair or interfere with its current or potential viability.
Tt is the secondary purpose of this Easement to conserve and protect the
property's open space resources, and their associated unique and special
natural features to the extent that such protection does not conflict with the
primary purpose of this Easement.
0.04 Governmental Recoqnition
New York State has recognized the importance of private efforts to
preserve rural land in agriculture through conservation restrictions by
enactment of Article 49, Title 3 of the Environmental Conservation Law, and
General Municipal Law, Section 247. Similar recognition by the federal
government includes Section 170(h) of the Tnternal Revenue Code and other
federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. Grantee makes this determination based on a
survey dated September 20, 2001, updated Harch 16, 2004 prepared by
Stanley J. Isaksen, Jr. and a Phase 1 Environmental Site Assessment dated
April 15, 2004, prepared by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
fn 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 to anyth!ng other than
those uses primarily related to a "farm operation", as defined in New York
State Agriculture and Markets Law §301 or any successor statute.
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. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
3
ARTICLE TWO
SALE
GRANTOR, for 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.
ARTICLE TH REE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
provided in 4.06. For purposes of this Easement, "structure" shall be defined
as anything constructed or erected on or under the ground or upon another
structure or building, including berms, driveways or walkways. Structures
shall not include trellis, fences, posts and wiring, farm roads or farm
irrigation systems, or fencing used in connection with a farm operation, as
defined in 1.02, including without limitation fencing to keep out predator
animals. Approvals for these shall be as required by applicable provisions of
the Town Code.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, or in connection with necessary drainage and soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for agricultural production, erosion control and soil
management, without the prior written consent of Grantee.
3.03 Subdivision
Grantor reserves the right to subdivide the entire parcel designated as
SCTH 1000-112-01-007 into two lots consisting of one lot with a total lot
area of approximately 15.61 acres, of which 8.08 acres are the subject of
this easement, and a second lot with a total lot area of 26.76 acres, of which
22.46 acres are the subject of this easement. The Property may not be
further subdivided pursuant to Town Law Sections 265, 276 or 277 or
Section 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 Property into two or more parcels, in whole or in part. Notwithstanding
this provision, the underlying fee interest may be divided by conveyance of
parts thereof to heirs or next of kin by will or operation of law, or with
written consent of the Grantee, provided each of the parcels so created by
the proposed subdivision shall remain viable for agricultural production,
either individually or as a part of an established farming operation.
4
3.04 Dumpinq
The dumping or accumulation of materials including, but not limited to
trash, garbage, sawdust, or chemical waste on the Property shall be
prohibited. This prohibition shall exclude materials used in the normal
course of sound agricultural practices, including fertilization, composting and
crop removal. "Sound agricultural practices" are defined as those practices
necessary for on-farm production, preparation and marketing of crops,
livestock and livestock products, provided such practices are legal and
necessary, achieve the intended results in a reasonable and supportive way,
and ~]o not cause bodi.ly ha. tm or property damage on or off the farm
property.
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the agricultural 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, including a description of the agricultural activities and/or the sale
of agricultural products on the Property (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) temporary signs, such as political
signs, (e) with the consent of the Grantor, to announce Grantee's easement.
All signs are subject to applicable regulatory requirements of the Town.
3.06 Prohibited Uses
The use of the Property for any permanent or temporary commercial
or industrial use shall be prohibited. For the purposes of this section, a farm
operation, defined in 1.02, shall not be considered a commercial use.
Further activities accessow to a farm operation, as defined in 1.02, including
but not limited to hayrides and corn maizes, shall not be considered a
commercial use.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems on the Property
shall be prohibited without the prior written consent of the Grantee. Utilities
must, to the extent possible, be constructed within 30 feet of the centerline
of roads or driveways, and may be used solely to service the permitted
structures.
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 practices, as defined in 3.04, and
applicable law.
3.09 Drainaqe
The use of the Property for a leaching or sewage disposa! field shall be
prohibited, except to service the permitted structures. The use of the
Property for a drainage basin or sump shall be prohibited, except in
accordance with sound agricultural practices, as defined in 3.04, and in order
to control flooding or soil erosion on the Property.
3.10 Development Rfqhts
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 o.f the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and.as,provided in Section 4.06, and the parties agree that such
rights shall be terminated and extinguished and may not be used or
transferre~l to any other parcels.
ARTTCLE FOUR
GRANTOR'S R:[GHTS
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 ART:[CLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any Purpose, as defined in 0.03, consistent with and not prohibited by this
Easement as well as applicable local, New York, State, or federal law. This
use includes the right to conduct hayrides, corn maizes and other similar
activities accessory to a farm operation.
4.04 Landscapinq Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property.
Grantor shall have the right to remove or restore trees, shrubs, or other
vegetation when dead, diseased, decayed, damaged or interfering with a
farm operation, as defined in 1.02.
4.05 Aqricultural Activities
Grantor shall have the right to engage in any activity related to a farm
operation, as defined in 1.02, provided that such activity shall be conducted
in accordance with 0.03.
4.06 Structures
A. Allowable Zmprovements. Grantor shall have the right to erect and
maintain the following structures and improvements on the Property, in
accordance with the procedures in this Section and with such other
approvals or limitations as may be applicable under the Code of the Town of
Southold, now or as it may be amended, provided the structure or
improvement does not defeat or derogate from the Purpose of this Easement
as defined in 0.03, or other applicable laws:
(i) Access drives, to improve access to the improvements
permitted by this 4.06;
(ii) Underground facilities used to supply utilities and
control stormwater runoff from the improvements
permitted under the terms of this paragraph(s) A and
B;
(iii) Fences;
(iv) Structures and buildings used for purposes of a farm
operation, as defined in 1.02, including but not limited
to barns, sheds and storage facilities.
B. Notice. This Subsection (B) shall apply to the first five (5) percent
of coverage on the Property. Tn order to facilitate the monitoring of this
Easement, to ensure continuing communication, and to determine that new
or modified permitted structures conform to the terms of this Easement,
Grantor shall submit to Grantee sufficient written information (depending on
the size and nature of the structure(s), such as surveys showing the location
of the proposed structure, and building plans, if relevant. Such materials
shall be submitted to Grantee not less than forty-five (45) days prior to the
anticipated site work/disturbance or commencement of construction. Such
information shall allow Grantee to confirm that the structure proposed
conforms to the use or uses permitted on the Property; (2) does not exceed
the 5 percent lot coverage for such uses permitted on the Property; and (3)
does not violate any of the terms and conditions of this Easement.
C. Permission. For structures in excess of the first five (5) per cent of
coverage on the Property, Grantor shall apply in writing for permission to
erect such structures. Grantee shall grant permission unless it determines
that such action would (1) violate the Purpose of this Easement as defined in
0.03; (2) impair the potential for long-term agricultural viability associated
with the Property; or (3) unnecessarily impede the use of the Property's
prime, state-wide important or unique soils. Grantee shall respond within
forty-five (45) days of receipt of the Grantor's written request. Grantee
shall not be liable for damages for any failure to grant permission to
Grantor.
D. Replacement of Tmprovements. Tn the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements impractical, erection of a structure of comparable size, use
and general design to the damaged structure shall be permitted within the
same general location, subject to the procedures set forth in this 4.06.
E. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the Purpose (as defined in 0.03) intended herein, and construction of any
such improvement shall minimize disturbances to the environment. Grantor
shall employ erosion and sediment control measures to mitigate any storm
water runoff, including, but not limited to minimal removal of vegetation,
minimal movement of earth and minimal clearance of access routes for
construction vehicles.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental and agricultural values maintained
in accordance with the Purpose of this Easement, as defined in 0.03.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
interest in the Propertyr 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, the individual
principals thereof, under any such conveyance. The instrument of any such
conveyan£e 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,
specifi£alF/setting for the date, office, Ifber and page of the recording
hereof. The failure, of any such instrument to comply with the provisions
hereof sh~ll not affect Grantee's rights hereunder.
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.
This provision shall not preclude Grantor from contesting such amounts from
deferring payment during such contest period. 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 and the State of New York
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 not
caused by such person'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 and the State of New York
harmless for any liability, costs, attorneys' fees, judgments, or expenses 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,
except those due solely to the acts of the Grantee, its officers, employees,
agentsf or independent contractors; 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 from the acts of
Grantee, its officers, employees, agents, or independent contractors.
ARTTCLE SlX
GRANTEE'S RTGHTS
6.01 Entry and Tnspection
Grantee shall have the right to enter the Property upon reasonable
advance notice to Grantor for the purpose of inspecting for compliance with
the terms of this Easement. In the instance of a violation or suspected
violation of the terms of this Easement which has caused or threatens to
cause irreparable harm to any of the agricultural or other resources this
Easement is designed to protect, no such advance notice is required.
Grantee shall not have the right to enter upon the Property for any other
purposes~ except as provided in Section 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, and earth movement, 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 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 in 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 fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor wi.~h 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 and which cure period is extended to a reasonable time if
such restoration cannot reasonably be accomplished within 15 days),
Grantee shall have the right at Grantor's sole cost and expense and at
Gran:tee's e,lection,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
9
such breach, default or violation to the condition that existed
prior thereto, or
(iii) 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 [~art with respect to such breach, default,
or vio.lation or with respect to any oth,er.breach, default or
violation of any term, condition, covenant or obligatior~ 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 or (herein called "Legal Expenses") in connection with any
proceedings under this Section.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, 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. Hailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for 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 the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or 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 Extincluishment
This Easement gives rise to a proper~y right and interest immediately
vested in the Grantee. For purposes of this Section 6.06, the fair market
value of such right and interest shall be equal to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, is hereinafter referred to as the
"Proportionate Share"). In the event a material and potentially
unforeseeable change in the conditions surrounding the Property makes
impossible its continued use for the purposes contemplated hereby, resulting
in an extinguishment of this Easement by a judicial proceeding at the
request of the Grantor and Grantee, Grantor shall pay to Grantee an amount
equal to the Proportionate Share of the fair market value of the Property at
such time upon the sale or other transfer of the property. In the event of a
sale by Grantor to an unrelated person subsequent to such extinguishment,
or a transfer made on account of the exercise of the power of eminent
domain, the sale price or condemnation award shall establish fair market
value. Absent such a sale, the Property's fair market value shall be
established by independent appraisal.
Tf alt or any part of the Property is taken under the power of eminent
domain by public, corporate, or other authority, or otherwise acquired by
such authority through a purchase in lieu of a taking, so as to abrogate the
restrictions imposed by this Easement or otherwise effectively to frustrate
the Purpose hereof as defined in 0.03, Grantor and Grantee shall join in
appropriate proceedings at the time of such taking to recover the full value
of the interAsts in. the property subject to the taking and all incidental or
direct dama~ges resulting from the taking. All expenses reasonably incurred
by the parties to this Easement in connection with such taking shall be paid
out of tl~e r~coveredi p~oceeds. Grantee shall be entitled to the
ProportiOnate Share of the remaining recovered proceeds. Grantee shall
u,se such, proceeds, actually recovered by it from any extinguishment in a
manner ~ons. istent with Purpose of this Easement, as defined in 0.03. The
respectiv,e rig. hts of Grantor and Grantee set forth in this Section 6.06 shall
be in ad~itiop to~ an~l. not in limitation of, any rights they may have by law
with reslA,ed: tc~ a modification or termination of this Easement by reason of
cKanged' cor~Jitions or the exercise of powers of eminent domain as
aforesaid.
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.
7.02 Amendment/Rights of State of New York
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code
(the"Code") Section 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 Code Section 170(h). Any such amendment shall
apply retroactively in the same manner as if such amendment or
amendments had been set forth herein.
This Easement can be modified in accordance with the common and
statutory law of the State of New York applicable to modification of
easements and covenants running with the land and according to other
applicable provisions of State Law. :~f the parties seek to amend this
Easement, and such amendment does not alienate any property rights
acquired by Grantee herein, the Grantee shall hoId a public hearing with due
notice to consider the amendment. Such an amendment may be approved
by a majority of the Town Board, provided, however, that Grantee shall have
no right or power to approve any amendments hereto that would result in
this Easement failing to qualify as a valid Conservation Easement under
AKdcle 49, Title 3 of the Environmental Conservation Law of the State of New
York, as the same may be hereafter amended, any regulation issued
pursuant thereto, or to Section :t70(h) of the Code governing "qualified
conservation contributions".
Any termination, modification or amendment to this Easement must be
authorized by the New York State Department of Agriculture and Markets, if
State grant monies are received to fund this Purchase of Development
Rights, in whole or in part.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except upon the adoption of a local law authorizing the alienation of said
rights and interest, by a majority plus one vote of the Town Board of the
Town of Southold, 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 this property rights or interests
which were acquired by the Town prior to any such amendment.
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. Tnstead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Goveminc~ Law
New York Law applicable to deeds and easements pertaining to land
located within New York shall govern this Easement in all respects, including
validity, construction, interpretation, breach, violation and performance.
7.06 Tnterpretation
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. Tf any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
12
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property or to use any
images of the property for public or commercial use.
7~08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordincl
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.:[0 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
TN WTTNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
EDWARD Wi HARBES III
ACKNOWLEDGED AND ACCEPTED:
TOWN OF $OUTHOLD(Grantee)
-bupervisor
]3
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this 2-~dqay of April, in the year 2004 before me, the undersigned,
personally appeared EDWARD W. HARBES TTT, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(les)., and that by his/her/their signature(s) on the instrument, the
individua;l(s), or the person upon behalf of which the individual(s)acted,
executed the instrument.
I~REN d. HA~EN
NOTARY PUBLIC, Stats of New York
No, ,02HA4927029 j
Quslffieo in Suffolk County
Commission Expires March 21, 20
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
h.s~ BI
On t ' --~ d~y of April, in the year 2004 before me, the undersigned,
personally appeared JOSHUA HORTON, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their capacity(les), and
that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the
instrument.
/~ / ~ ~ ] F~,REN J. HAGEN
~(_¢~, - J No. 02HA4927(329
- Qualified in SuffoLk County
Notary Public v- /// Commission Expires klatch 21, 20
C: /Anne/Town of Southold Development Rights/Kenemail
14
AHENDED 04/16/04
AL]. that certain plot, piece or parcel of land, situate, lying and being at rv]attitud<, Town of
Southold, County of Suffolk and State of New York, bou'nded and described as follows:
BEG~'NN~NG at a point in the Northerly side of Sound Avenue, distant westerly 218Z.50 feet
as measured along same from ~he inte~ect[on of the Southerly side of Sound Avenue with the
Westerly side of Bergen Ave.;
RUNNTNG THENCE along the Northerly side of Sound Avenue the following three (3) courses
and dis~:~]nces:
1. North 89 degrees S3 minutes 00 seconds West 22.27 feet;
2. South 88 degrees 14 minutes 50 seconds West 260.28 feet;
3. South 85 degrees 36 minutes 00 seconds West 68.58 feet to land now or
formerly of Edward W. Harbes;
THENCE along said last mentioned land North 22 degrees 18 minutes 50 seconds West
671.35 feet to the true point or place of BEGINNING;
RUNNZNG THENCE from said point or place of BEGTNN~NG North 22 degrees 18 minutes 50
seconds West, 1682.83 feet;
RUNNTNG THENCE South 69 degrees 36 minutes 40 seconds West, 292.44 feet;
RUNNING THENCE South 70 degrees 02 minutes 40 seconds West 44.00 feet;
RUNNING THENCE North 28 degrees 39 minutes 20 seconds West 252.S1 feet to a
monument;
RUNNING THENCE North 19 degrees 38 minutes 20 seconds West 1,485.86 feet;
RUNNING THENCE North 68 degrees 05 minutes 56 seconds East, 371.43 feet;
RUNNING THENCE South 39 degrees 49 minutes 31 seconds East, 369.61 feet;
RUNNTNG THENCE South 65 degrees 05 minutes 40 seconds East, 72.19 feet;
RUNNING THENCE South 38 degrees 41 minutes 05 seconds East, 55.55 feet;
RUNNZNG THENCE South 24 degrees 33 minutes 43 seconds East 633.20 feet;
RUNNTNG THENCE South 20 degrees 12 minutes 22 seconds East 88.21 feet;
RUNNING THENCE South 15 degrees 57 minutes 03 seconds East 53.49 feet;
RUNNZNG THENCE South 09 degrees 51 minutes 40 seconds East, 61.24 feet;
RUNNING THENCE South 11 degrees 09 minutes :L6 seconds East, 79.04 feet;
RUNNING THENCE South :L6 degrees 00 minutes 44 seconds East, 119.04 feet;
RUNNZNG THENCE South 18 degrees 34 minutes 37 seconds, East, 88.86 feet;
RUNNTNG THENCE South 24 degrees (~2 minutes 54 seconds East, 178.56 feet;
RUNNTNG THENCE South 27 degrees 09 minutes 26 seconds East, 118.02 feet;
RUNN:tNG THENCE South 28 degrees 54 minutes 23 seconds East, 248.72 feet;
RUNNXNG THENCE South 31 degrees 28 minutes 33 seconds East, 551.39 feet;
RUNNTNG THENCE South 22 degrees 20 minutes 21~ seconds East, 143.73 feet;
RUNNTNG THENCE South 67 degrees 41 minutes 10 seconds Westr 240.21.feet;
tRUNNZNG THENCE South :L2 degrees 35 minutes 19 seconds East, 363.48rfeet;
RUNNTNG THENCE South 77 degrees 24 minutes 4:L seconds West, 104.:L2 feet to the point
or place of BEGINNTNG.
c°mmonwealth '
'-= SUBJECT T~ THE E~CLUS~NS FR~M C~VERA~E~ THE EXCEPT~NS FR~M C~-~rER-&~E C~NYAI~qED ~N SCHEDULE B ~ND
--- THE CONDITIONS AND STIPUI_ATIONS, COIMMON~grE.~LTH L.AND TITLE INSURANCE COMPANY, a Pemasylvan/a corporation, herein
] called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A. sustained or incurred by the insured by reason of:
1. Tide ro the estate or interest described in Schedule A being vested other than as stated therein;
2..Any defect in or lien or emzumbrance on the tide;
3.' Ur~market~bility of the title;
~. Lack 6f a rlght,of a~cess to and from the land.
The Company will also pay the costs, attorneys' fees and expenses illcurred in defense of the title, as nsured, but odiv to the extent provided
IN V~rlTNESS WHEREOF, COMMONWEALTH LAND TITLE INSUR_a~CE COMla.Ai~Pt' has caused it~ corporate name and seal ro be
hereunto a ffixedqoyits d~l) authorized officers, the Policy to become valid when countersigned by an aritho cited officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretory President -
EXCLUSIONS FROM COVERAGE
The fdilo~fng ma~ters are expressly excluded from the coverage of th~s policy and the Company wgl not pay loss or damage, costs, attorneys'
1. (a) Any law, ordinance or governmentai r egdiarioll (including bat not limited to building and zoning laws, ordinances, or reguladonsl restricting,
regulating, prdidbiting or relating to (i) the occupancy, use, or enjoyment of the innd; ~i[) the character, d~mensions or locaL[on of any improve-
ment now or hereafter erected on the land; (iii) a separation in ox~lership or a change in the dimensions or are~ of the land or any parcel of
which the land is or was a part; m' (iv) environmental protection, or the affect of an5' violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuldng from a ciolation or
alleged violation affecting the land bas been recorded in the public records at Date of Policy.
(b) .Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a xiolntinn or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of erniricr~ domain mdass notice of the exercise thereof has been recorded in the public records at Dare of Policy. but not excluding
from coverage any rald~g which has occurred prior to Date of Polic~ winch would be binding on the rights of a purchaser for value without
knowledge.
(al created, suffered, assumed or a~eed to by the insured claimant;
CO) not knmvn to the Company, nor recorded ia the public records at Date of Policy, bttt kno~m to the insured al~mant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this polic~
(c) resulting in no loss or damage to the insured claimant;
(d) mraching or created subsequent ro Date of policy; or
(e) resulting-* in loss or damage whSch would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by tlfis policY, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or i~tterest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
Co) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to dmely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a jud=~rnertt or Lien creditor.
NM 1 PAIO
'ALTA Owner's Policy (10-17-92) Valid O~ly If Schedules A and B and Cover .~re Attached
Form 1190-1 Face Page
ORIGINAL
AF.~. 29. 2004 2:39mM , CL'"'.,T.z'~RIVERHEAD __ ND. 948. P. 2
No.; RH80040~98
SCHEDULE A
LandAmerica
Commonwealth
Amount of Znsurance; $909,300.00 Policy No.; RH80040S98
Date of Policy: April 29, 2004
;1. Name of Znsured:
TOWN OF SOUTHOLD
2, The estate or interest in the land which is covered by bhis policy is-'
Development Rights
3. Title to the estate or interest in the land is vested in:
TOWN OF SOUTHOLD
By deed made by EDWARD W, H',ARBES ZZZ to the INSUP, ED doted April 29~ 2004 alld to be
recorded in the Office of the ClerJdP, e§J~ter of SUFFOLK County.
4. The la~d referred to in this policy is described on the annexed Schedule A - Description.
Countersfgned: ~uth~rizEd Offi~Agent
Fee Policy Insert
No.: H 0040 98
SCHEDULE B
Exceptions from Coverage
This po[icY does not insure against loss or damage (:and the Company will not pay costs, attorneys'
fees Or e~pen~es) which arise by'reason of the following:
1, Rights of tenants or persons in possession.
2. Private Well Covenants in Liber :1:1574 page :L88.
3. Agricultural Commitment in Liber :11664 page 447.
4. Subject. to a certain right of way described in e Boundary Line Agreement in Liber 6007 page 1:~7..
5. Sub~iect to the use by Paul L. Ballot, Eleanor K. KirRup, Mary P..lonathan, Helene Holtz, and the
successors in Title to Ricl~ard and Helen Price of a right of way along the easterly line of the premises.
6. Survey made by Stanley, 3, Isaken, ]r., last dated 03/:16/04 covering premises and more shows
vac@nt I.and~ a)Wetlands located; b)Pump house anc~ catch basin in easterly area; c)Asphalt..driveway,
access easement to others and right of way easement in easterly ar~ea and at variation to easterly
record line. No other variations or encroachments.
7. The tax,search herein shows a partial or full exemption from taxation. The exemption from ~axation
will terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored
taxes, plus penalty end interest, if any.
8. Unpaid wa:ter charges to date, if any.
9. 2003/04 2nd half Town and School taxes.
Fee Policy Insert
No.: 0040598
SCHEDULE A - DESCR]~PTI'ON
AMENDED 04/16/04
ALL that certain plot, piece or parcel of I.and, situate, lying a0d being at Ma~ituck, Town of Southold, County
of Suffolk and State of New YorK, bounded and described as follows:
~EGINNZNG. ata point in the Northerly side of Sound Avenue, distant westerly 2182.50 feet as measured
along same from the intersection of the Southerly side of Sound Avenue with the Westerly side of Bergen
Ave.;
,RUNNING THENCE along the Northerly side of Sound Avenue the following three (3) courses and distances:
gL. North 89 degrees 53 minutes 00 seconds West 22.27 feet;
2. South 88 degrees :~4 minutes SO secoflds West 260.28 feet;
3. South 85 degrees 36 ~minutes 00 seconds West 68.58 feet to land now or formerly of Edward
W. Harbes;
THENCE along said last mentioned land North 22 degrees 18 minutes 50 seconds West 671.3S feet to the
true point or place of BEGINNYNG;
RUNN:[NG THENCE from said point or place of BEGINNING North 22 degrees :~8 minutes 50 seconds West,
1682.83 feet;
RUNNZNGTHENCE South 69 degrees 36 minutes 40 seconds West, 292.44 feet;
.RUNNZNG THENCE South 70 degrees 02 minutes 40 seconds West 44.00 feet;
RUNNZNG THENCE North 28 degrees 39 minutes 20 seconds West 252.51 feet to a monument;
RUNNING THENCE North 19 degrees 38 minutes 20 seconds West 1,485.86 feet;
RUNNZNG THENCE North 68 degrees 05 minutes 56 seconds East, 37:L.43 feet;
RUNNZNG THENCE South 39 degrees 49 minutes 3:~ seconds East, 369.6:~ feet;
RUNNING THENCE South 65 degrees 0S minutes 40 seconds East, 72.19 feet;
RuNNZNG THENCE South 38 degrees 41 minutes 05 seconds East, 55.55 feet;
RUNNZNG THENCE South 24 degrees 33 minutes 43 seconds East .633.20 feet;
RUNNING THENCE South 20 degrees 12 minutes 22 seconds East 88.21 feet;
RUNNING THENCE South 15 degrees 57 minutes 03 seconds East 53.49 feet;
RUNNZNG THENCE South 09 degrees 51 minutes 40 seconds East, 61.24 feet;
RUNNYNG THENCE South 11 degrees 09 minutes :L6 seconds East, 79.04 feet;
RUNNING THENCE South 16 degrees 00 minutes 44 seconds East, 119.04 feet;
RUNNi'NG THENCE South 18 degrees 34 minutes 37 seconds, East, 88.86 feet;
RUNNING THENCE South 24 degrees 02 minutes 54 seconds East, 178.56 feet;
RUNNING THENCE South 27 degrees 09 minutes 26 seconds East, 1~8.02 feet;
Fee Policy Insed:
01lc /File' 80040598
RUNN][NG THENCE South 28 degrees 54 minute~ 23 se¢0hd~ East, 2zr8.72 feet;
RUNNZNG THENCE South 31 degrees 28 minutes 33 seconds East, $51.39 feet;
RUNNZNG THENCE South 22 degrees 20 minutes 21 seconds East, 143.73 feet;
RUNI~ZNG THENCE South 67 degrees 41 minutes 10 seconds West, 240.21.feet;
1~I3NN]:NG THENCE South 12 degrees 3S minutes 19 seconds East, 363.48 feet;
RuNNZNG THENCE South 77 degrees 24 minutes 41 seconds West, 104.1:2 feet to the point or place of
BEG~N~N'r NG.
ALTA Owner's Policy
Schedule A - Description
CommonWealth
STANDARD NEW YORK ENDORSEMENT
(OWNER'S. POLICY)
ATTACHED TO AND MADE A PART OF POLZCY NO, RH80040598
TSSUED BY
COMMONWEALTH LAND Tt'TLE INSURANCE cOMPANY
1. The following is added to the insuring provisions on the face page of this pol!cy:
"5. Any statutory lien for services, labor or mpterials 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. The following' is.added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens.or egcumbrances, except real estate taxes,
asSess'merits, water charges and sewer redts."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless
,.= otherwise expre~ly stated.
,: ~ This endorseme~it, when countersigned below by a validating signatory, is made a part of the policy and is
-"~ :' subject to the Exciusiofls from Coverage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: April 29, 2004
Tssued at:
Commonwealth Land Title Insurance Company
185 Old Country Road, PO Box 419
Suite 2
RJverhead, NY 11901
By Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/:[7/92)
TQ10037NY (07/00)
.~-,- ' ' ~ -'COI','~:)ITI'ON~ ~'t~D~T]PULA:TIONS'- ' ~ ' ~-' "~'~?' ~- ' '~' ',
(Continued)
7. DETERMINATION, EXTENT OF LIABI~ AND COINSURANCE. 13. SUBROGATION UPON PAYMENT OR S~LEMENT.
~s p0~cy is a cont~ of indemni~ agaihst actuar mone~ Io~ or damage (e) The Company's Right of Subrogation.
Whenev~
the
Company
shall
have
paid
claim
under
this
the insured clsimant.
. (~J~ he ~ou~ of In~rances~a~e~ ~chedule~.or~ .
· ~ 1he ~erenc~ be[W~.~e var~ of ~e insured ~tate or in~emst prope~ iq res~ to the cl~ ~ad ~is po~i~y n~ been is~. If reque~ by
:~r encumbra~e:insur~ ~ns~ ~7 ~f~',~lic~2 ~. . · remedies against any p~on or prope~ ne~ss~ in order ~ peffeffi thi~ right of
~]~- ,".~e~e a.~ub~r,~ ;mpro,'e~ ha~ bee~ made, as to any ~ pay on y th~ pa~ P~ any o~s i~s~ ag~ ~y ~s ~[~y ~ ~all
p~Jal I0~% ~e ~mp~n~ cpi) p3',' Ihe ,~ pro raj3 ,n the ~ropodJ0n that 1~ ex~e~ ~e a~ounf, ifa~
percent or 1~ ~c, um oY Ir~n~ ~ m Scr,~ule A beam to the sum of the the insured claimant
Amount of In~ ~ in Schedule A'a~ the amount ~pended for the ~) ~e ~mpa~S Righ~ ~ga~stNon-[n~ared Obligors,
t~ poKion of a~y [os~ which exceeds, i~ ~he a~gmg~e. 10 percent of ~e Amount condifi0ns ~on~ned in ~o~s~umeB~ ~ch ~,f0r su~rog~ion dg~s by
(c) The Company ~3~ pay only thee costs, aEomeys' tees and expenses
NM1 PA10
ALTA Owner's Pol[cy (10/17/92)
Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached
CLOSING STATEMENT
EDWARD W. HARBES III to TOWN OF SOUTHOLD
DeVelopment Rights Easement - 30.54 total PDR acres
(minus .23 wetlands -- 30.31 buildable acres)
Premises: 417 Sound Avenue, Mattituck
SCTM #1000-1t2-1-p/o 7
Closing took place on Thursday, April 29, 2004 - at 3:30 p.m., Southold Town Hall
Purchase Price:
Payable to William F. Farrell, As Trustee $ 909,300.00
(30.31 acres @ $30,0~0/buildable acre)
Check #75955 (4/29/0~4)
Expenses of Closing:
Al~l~raisal
Payable to Given Associates $ 2,200.00
Check #75474 (3/9/04)
Survey
Payable to Stanley J. Isaksen, Jr. $ 2,000.00
Check #76289 (5/4/04)
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC $ 1,500.00
Check #76680 (5/18/04)
Title Rel~ort
Payable to LandAmerica*Commonwealth $ 4,349.00
Check #75957 (4~29~04)
Fee insurance $ 4,'149.00
Recording deed $ 200.00
Title Closer Attendance Fee
Payable to Karen Hagen, Esq. $ 50.00
Check #75956 (4/29/04)
.Those present at Closing:
Joshua Y. Horton Southold Town Supervisor
Lisa Clare Kombrink, Esq. Special Counsel for Town of Southold
Edward W. Harbes III Seller
Monica Harbes Seller's wife
James Spiess, Esq. Attorney for Seller
Karen Hagen, Esq. Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Administrative Asst
John Sepenoski Land Preservation Committee member
c~BC~ ?5B55
V~0R 006027 i~ILLI~ F F~RE~L'AS TRUSTEE 04/29/2004~o~T
¢ P.O. ~ i~oICE DESCRIPTION
~ ~ %¢¢~m ~BES/TOS-30-31' 200,000.00
042904 ~BES/TOS- 30 31 709,300-00
~2 8686.2.000.000
~3 ~8660'2'600'
TOWN OF $oUTHOLD ' $OUTHOLD. NY 1 lgTt-O-qsg
GL108S 20 TOWN OF SOUTHOLD Dis~urs Inquirv by Vendor Name
** Actual ......... ~ .... DetaiI--GL100N ..............
,Vendor.. 007416 GIVEN, SRPA/PATRICK : W-03092004-727 Line: 106 Formula: 0 :
: Account.. H3 .600 :
:Acct De$c ACCOUNTS PAYABLE :
Y JE Date Trx.Date Fund Account : Trx Date ..... 3/09/2004 SDT 3/1~/04 :
......................... Use Acti : Trx Amount... 2,200.00 :
., 5/12/2003 &/12/2003 H3 .600 : Description.. APPAISAL-HARB£S MATT RRM :
,, ~/t2/~003 ~/,12/2003 H3 .600 : Vendor Code.. 007416 :
,, 8/12/21003 8',/1~/2003 H3 .600 : Vendor Name.. GIVEN, SRPA/PATRICK A. :
&/26/2003 8/26/2~03 A .600 : Alt Vnd.. :
,, 9/09/2003 9/09/2003 H3 .600 : CHECK ........ 75474 SCNB :
9/23/~003 972~/2003 H3 .600 : Invoice Code. 2004024 :
, 11/18/~003 11/18/2003 H3 .600 : VOUCHER ...... :
,, 12/02/~003 12/02/2~03 H3 .600 : P-O. Code .... 11753 :
· 12/02./~0'3 12/02/20~3, H3 .600 : Project Code. :
,Y, 3/0~/~0~H 3£09/200~ H3 .600 : Final Payment F Liquid. :
,. 3/23/~0~!4 3/~/20~4 H3 .600 : 1099 Flag .... 7 :
4/0~y20~ 4/06/~0~4 H3 .600 : Fixed Asset.. Y :
iYi 4/2~/~ 4/20./~'0~4 H3 .600 : Date Released 3/09/2004 :
: Date Cleared. 3/31/2004 :
: F3=Exit F12=Cancel F21=Image :
Select Record(s) or Wse Action Code : ........................................ :
G£10"8S 20 TO~'N OF SOU?F?OLD Di~bur~ InqUiry by VendOr-N~me
' ** Actual .............. Detail--GL100N ..............
Vendor.. 009660 ISAKSEN, JR./STANLE : W-05042004-354 Line= 88 Formula: 0
: Account.. H3 .600
: Acct Desc ACCOUNTS PAYABLE
Y JE Date Trx. Date Fund Account : Trx Date ..... 5/04/2004 SDT 5/05/04
............................. Begi : Trx Amount... 2,000.00
.. 8/04/1998 8/04/1998 H1 .600 : Description.. SURVEY/HARBES-30.54 ACRE
.. 12/21/1999 12/21/1999 H2 .600 : Vendor Code.. 009660
' ,Y. ~-/D4/2004 $/04/2004 H3 .600 : Vendor Name.. ~SAKSEN, JR./STANLEY J.
: Alt Vnd..
: CHECK ........ 76289 SCNB
: Invoice Code. 01R996
: VOUCHER ......
: P.O. Code .... 12258
: Project Code.
: Final Payment F Liquid.
: 1099 Flag .... 7
: Fixed Asset.. Y
: Date Released ~/04/2004
: Date Cleared. 5/31/2004
: F3=Exit F12=Cancel F21=~mage
Select Record(s) or Use Action Code : ........................................
G£10~S 20 TOWN OF SOUTHOLD DiSb'urs Inquiry by v~ndor Name
** Actual .............. Detail--GLlOON ..............
,Vendor.. 014161 NELSON, POPE & VOOR : W-06012004-631 Line: 2.61 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
Y JE Date Trx. Date Fund Account : Trx Date ..... 6/01/2004 SDT 6/D2/04 :
......................... Use Acti : Trx Amount... 1,500.00 :
6/01/2004 6/01/2004 H3 .600 : Deacription.. PHASE i ESA-HARBES PROP :
.Y. 6/01/2004 6/01/2004 H3 .600 : Vendor Code.. 014161 :
6/15/2004 6/15/2004 H2 .600 : Vendor Name.. NELSON', POPE & VOORHIS, :
: Alt Vnd.. :
: CHECK ........ 76680 SCNB :
: Invoice Code. 2435 :
: VOUCHER ...... :
: P.O. Code .... 12085 :
: Project Code. :
: Fina~ Payment F Liquid. :
: 1099 Flag .... 7 :
: Fixed Asset.. Y :
: Date Released 6/01/2004 :
: Date Cleared. :
: F3=Exit F12=Cancel F21=Image :
CANNOT FORWARD. END OF FILE : ........................................ :
.J
VENDOR 003350 LANDAMERICA*COM~4ONWEALTH 04/29/2004 CHECK 75957
WTmln ~ I~(DT~,T? P 0 ~ TkTVOTCR DESCRTPTION ~z~40'UA!T
H3 .8660.2.600.100 12086 R~800~0598 TITLE POLZCY-F~ARBES ~,i49.oo
H3 .S660_2_600.100 12086 ~80040598 RECO~ DEED-~BES/TO 200.00
TOT~ ~,349.00
VENDOP. 007707 KAREN HAGDN 04/29/2004 CHECK
D"~]IXTF) ,q- ,aC'C'QTT~'~ P. O. ~ T~OICE DESCRIPTION ~O~T
H3 .8660.2.600.100 042904 TITLE CLOSER-~BES/TO
TO~AL 50.00