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HomeMy WebLinkAboutCullinane, Maureen ELIZABETH A. N~VILLE TOVCN CLERK REGISTP~ OF VITAL STATISTICS I%L~R R L~-GE OFFICER RECORDS I%LM'qAGEMENT OFFICER FREEDOM OF INFORIYL~TION OFFICER Town Hnll, 53095 3,Ia/n Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TO~VN OF SOUTHOLD October 11, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Maureen Cullinane 795 Monsell Lane Cutchogue, New York 11935 Dear Ms. Cullinane: Please be advised that the Southold Town Board adopted a resolution at their regular meeting on October 10, 2000 to elect to purchase the development rights on your parcel of property of agricultural lands identified as $CTM #1000-019.00-01.00-001.002. Please consider this your official notification of the Town's intention to purchase the developments rights on your property. A certified copy of the SEQR resolution and the purchase resolution are enclosed for your records. Please contact the Town Attorney's Office to discuss the steps SENDER: delivered. I also wish to receive the follow- ing services {for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery ~ 3. Adicle Addressed to: ,~ ~!aur n Cullinane ... /.95 .M*onseli Li~ ,'~i~ .,Cutcl~°gue' NY 11935 l/li- PS F~ 3~11, December 1994 4a. AKdcle Number 7000 0600 0029 3057 2339 4b. Service Type [] Registared I~ Certified [] Express Mail [] insured [] ReturnReceiptlorMerchandise []COD 7. Date of Delivery 8. Addressee'~ Ad/lrass ~Only if requested and fee is paid) ~ lerk F ELIZABETH A. NEVILLE TOWN CLERK REGISTP~MR OF VITAL STATISTICS ILMIRLkGE OFFICER RECORDS Y'vLM',IAGEMENT OFFICER FREEDOM OF INFORNLq. TiON OFFICER Town Ha[l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOV~NG RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10, 2000: RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by Maareen Cullinane, comprising approximately 24.6 acres, located on the comer of Main Road and Narrow River Road, Orient, New York, identified as SCTM# 1000-019.00-01.00-001.002 at the price of $6,500.00 per acre pursuant to the provisions of Chapter 25- Agricultural Lands Preservation and'or Chapter 6 (2% Community Preservation Fmxd); and be it FURTHER RESOLVED that the parcel is be purchased either outfigbt by the Town of Southold, or acquh'ed under the Suffolk County Preservation Parmership Program whereby Suffolk County may appropriate an m'nount equal to 50% of the total cost of acquisition; or under the Suffolk Cotmty Greenways Program x~q~ereby Suffolk County may appropriate an amount up to 70% of the total cost of acqRisition. Elizabeth A Neville Southold Town Clerk October 10, 2000 ELIZABETI-I A. NEVILLE TO~-N CLERK REGISTI~ OF ¥IT.~L STATISTICS ~vL~RRIAGE OFFICER RECORDS i%LkNAGEMENT OFFICER FREEDOM OF 1NFORI~kTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO~VN BOARD ON OCTOBER 10, 2000: WHEREAS, the Town Board of fire Town of Southold wishes to purchase the development ri~xts in the agricultural lands of a certain parcel of property of Maureen Cullinane, comprising approximately 24.6 acres, located on the comer of Main Road and Narrow River Road, Orient, New York, identified as SCTM # 1000-019-01-1.002 at the price 0£$6,500.00 per acre, pursuant to the provisions of Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2%3 Comrnunity Preservation Fired) of the Code of the Totem of Southold, Said Developments Rights to be purchased either outright by the Town of SoRthold, or acquired under the Suffolk County Preservation Partnerslfip Progrmn whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or m~der the Suffolk County Greenways Progrmu whereby Suffolk County ma)' appropriate an amount up to 70% of the total cost of acquisition. RESOLVED by the Town Board that this action is classified as an Unlisted Action pursuant to the SEQ1L5. rules and regulations, m 6 NYCRR 617 et seq.; RESOLVED that the Tox~a is the Lead Agency; RESOLVED that the Short Environmental Assessment Fonn prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board determines that there ~vill be no sigrdficant adverse impact on the environment and declares a negative declaration for this action. Southold Town Clerk October 10, 2000 Maureeu Cullinane (contract vendee) - Development Rights Purchase. SCTM #1000-019-01-001.2 My game is Dick Ryan. I serv'e as your Chairman of the Southold Tox~m Land Preservation Committee. I have a map here, produced by town-staff, which outlines the subject parcel under consideration, located in the Hamlet of Orient. The subject farm parcel, is approximately 34_6 acres in size_ It is located at the northwest comer of the intersection of the Ma'm Road and Narrow River Road. The property is adjacent to a State-owned preserve at its southwesterly extreme. The farm is zoned Residential Low Density 0K-200), which permits single family residential development on 5-acre plots, but which also intends to control and prevent development of open lands that are agriculturally productive. The mostly Haven Loam soil classifications of this farm reflect its high a_~icultural productivity_ Most of the parcel is currently in production use for row crops_ The owner proposes to reserve about 10 acres of the northwestern-most area, fi-om the proposed Development Rights easement, for residential uses. This farm parcel enjoys a magnificent vista of nearby preserved lands extending southerly and easterly to the shores of Hallock Bay. The entire parcel is presently subject to a year-to-year scenic easement, held by the Town, which has annually-assured open space uses, in exchange for a reduction in real property taxes. This easement x~/ll be terminated, in favor of the Development Rights easement affecting about two-rkirds of the property. The purchase of Development Rights to this farmland parcel, will serve to perpetually preserve important productive agricultural lands in the Tow~ as well as to continue the oppommity for enjoyment of the open space vista now existing. The Southold Town Planning Board has been consulted and expressed no reservation to the proposed purchase The negotiated purchase price is $6,500/acre, for the approximate 24.6 acres of Development Rights, totaling approximately $160,000. The market value of this proposed purchase reflects in part, the limited development potential and location of this property. The value of the proposed purchase is ~uppo_r~ed by a F~bma~ 2000 ~ar~?aisat independently prepared by Given Associates of Hauppauge. A survey of the parcel is to be accomplished. The survey and purchase agreement should be subject to adoption by the I-and Preservation Committee, prior to contract-execution, should the Iown Board so RESOLVE. This farm parcel is identified in the Town's 75% funding reimbursement application, presently before the NYS Department of Agriculture and Markets. Because of its agricultural value and its proximity to other existi/a~ publicly owned open space lands, this property has a high eligibility for preservation{ The Land Preservation Committee members are unanimous in recon-anending this Development Right purchase The purchase will most-certainly preserve and continue a rural character-element of Orient, specifically and the Town, in general. On behalf of the Land Preservation Committee, I urge the Town Board to accept the offer of Development Rights to approximately 14.6 acres of this farm. The purchase should subject to receipt of an approved survey and purchase contract. And to RESOLVE to purchase the same pursuant to the provisions of either Chapter 6 (Community. Preservation Fund) or Chapter 25 (Agricultural Lands Preservation) of the Town Code. And further to RESOVE that the purchase transaction may be accomplished under the auspices of the Suffolk County Greenways Program or Suffolk County Preservation Partnership Program, as deemed appropriate by the Supervisor. And further to RESOLVE that the purchase transaction is ~to be accomplished by the joint and coordinated efforts of the Town Attorney and the Town Land Preservation Coordinator. Thank you. October 2000 rcr NOTICE !I~ HEREBy GiVEN ~[~& Pu~s~ant t°; ~h/~' 0ro~isio~ ef ChaPter 25, A~cUltm~ Lafids Pres, :e~afion an~o~ ~apter 6 (2% Com. ~u~Y~Pr~S~va~°n ~F~ndX ~f the .. oae0t ~e T0wn' 0f S0Uthbld;"the: ~ h~Id a.publi6:h.ba~g ' ~esdaY" ~0ber. '~0~:: 2~,' on' 't~ 'question. of the, acquisiti6fl :'by :'thA~ rights in agfiC~tu'~ l~d~: of a ' mane, ' ~mpfi~g: ~ppro~gtely 24:6 a'cm~,.:~166~tbd ' ~fl, :the~. 6o~n6~ 6f' Maln~gbhdtafid 'Na~0~ ~Ver Road Ori6nt;:'~6~'~. ?Yokk? i~ntffied, as · fflb pfi~e'o~ ..~. Sa~.d~[C!~pmen~ ri~t~ :to b~ PmJ ' cna~ed ~rh~~ohfflght;by t~ ToWn of 'Southold; 'or acqu'ked' '2 county ~ ~.eqfi~l "io,.30%(~f'~th~~t6'm','~sr,of ~ ~n~Gm~n~aYS':Program.wh~by, ' .... '~mou~t hp to ~700~' of~ihe::tbt~.eoS{ of ....FUR'.. [HER g!ven thata mOke' ; :,~,:. , . ' ~S on me m O~ce,. So~oid~: may b~,:ei~6'd ~2: :, - '. , '- :oy any mtere&te'd Dated: September 26, . : ~:/~,:o~ov~~ , -~ ' '~iSOU~OED~:TO~ CLERK 1566'-iTO~ STATE OF NEWYORK) )SS: COUNTY QF SQFFOLK) , . T'~'rT~ (/~[ ~k~/.,&jBcd of Mattituck, in said c~u~ty, beJ~{ivduly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at MattRuck, in the Town of Southold, County of Suffolk and State of NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weeks_ successively, commencing on the ~Y"" day of 20 cD &/ Principal Clerk Sworn to dayof b(o~r,~.~ CHRISTINAT. WEBER Notary Public, Stale of New Yo~k No. 01WE6034554 Qualified in Suflo~ County C~,qmission Expires December 13,~____C~L~t State E-qvir,3nmental Quality ,Raview SHORT ENVfRONMENTAL ASSESSMF,NT FORM .. For UNI-[STED ACTIONS 'Only PART I--PROJECT JNFQRMA~QN (To be completed by ADp[ica~t ar P,~ject s~or~or) If the action is in ~he Coastal Area, and you are a state ac_eric.v, c'~mp[ete [he Coastal A~ssesmsnt Form before ~roce.~ding with this assessment QVE~ --% ?ART iII--0ET.--.~MINATION OF SiGNI~C.:.NC~ ,]'c ;s com~le[e"J oy Agency) L_~ Chec,~ this bo:( if you have ;den~iffe~ one or more potentially large or significant &ove,~a ;moac:s 2ccur. %~en grcce~ dir~:ly to :~e =J~ ~F an¢or ~r~sre a positive decimation. you LEGAL NOTICE NOTICE OF PUBLIC HEAR~ING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2% Community Preservation Fund} of the Code of the Town of 5outhold, the Town Board of the Town of Southold will hold a public hearing at 8:00 p.m., Tuesday, October 10, 2000 on the question of the the acquisition by the Town of Southold of development rights in agricultural lands of a certain parcel of property of Maureen Cullinane, comprising approximately 2[t.6 acres, located on the corner of Main Road and. Narrow River Road, Orient, New York, identified as SCTM~ 1000-019.00-01-00-001.002 at the price of $6,500.00 per acre. Said Developments Rights to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cos~ of acquisition; or under the Suffolk County Greenways Program whereby Suffolk Count-/ may appropriate an amount up to 70% of the total cost of acquisition. FURTHER NOTICE is hereby given [hat a more detailed description of the above mentioned parcel of land is on fi~e in the Southold Town Clerk's Office, Southold Town Hail, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 26, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK _EASE PUBLISH ON THURSDAY, OCTOBER 5, AND FORWARO ONE (1) FFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN ~LL, PO BOX 1179, SOUTHOLD, NY 11971. Sopies to the following: The Suffolk Times Town Board Members Land Preservation Committee Maureen Cullinane Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NE¥ILLE, Town Clerk of the Tox~m of Southold, New York being duly sworn, says that on the 3ra . day of OCTOBER ,2000, she affixed a notice of which the am~exed printed notice is a true copy, in a proper and substantial mamaer, in a most publ/c place in the Toxxm of Southold, Suffolk County, New York, to wit: Tox~m Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING Acquisition of Development Rights for SCTM # 1000-019.00-01.00-001,002 l~lizabeth~ A.-NexSl~ Southold To~xm Clerk Sworn before me this 3~ dayof C~ ,2000. euclid- ELIZABETH A. NEVILLE TOV~N CLERK REGIST~LiR OF VITAL STATISTICS I~ L~_RRL~,GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOI~I OF INFOI~LiTION OFFICER To~m Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fe-~ (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 26, 2000: RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, October 10, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition of a certain parcel of property from Maureen Cullinane for purchase of development rights in agricultural lands under Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code. Said property is identified as SCTM#1000-19-1-1.2, comorising approximately 2LL6 +- acres of the 3tr.6 acre farm at a price of $6,500.00 (twelve thousand dollars) outright by the Town of Preservation Partnership an amount equal to 50% per acre. Said property to be purchased either Southold, or acquired under the Suffolk County Program whereby Suffolk County may appropriate of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. · Iqeville Southold Town Clerk September 26, 2000 GREGORY F. YAKABOSKI TO~VN ATTORNEY greg.yakaboski~town.southold ny.us PATRICIA A. F[NNEGAN ASSISTANT TOWN ATTORNEY patricia.finneg~n ~,town.sou[hold.ny.us JOSHUA Y. I-IORTON Supervisor Toxvn Hall, 53095 Route 25 P.O. Box 11,9 Southold, New York 11971-0959 Telephone (631) 765-i939 Facsinfile (631 ) 765- 1823 OFFICE OF THE TOWN ATTORNEY TOSVN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Date: Re: Gregow F. Yakaboski, Esq. Town AEorney May12,2003 MAUREEN CULLINANE to TOWN OF SOUTHOLD SCTM #1000-19-1-1.2 Development Rights Easement (29.5312 acres) Betty: Enclosed for safekeeping in your office, please find the following documents in relation to the above closing that was held on May 22, 2002: · Original Title Insurance Policy #RH80021012 issued by Commonwealth Title Insurance Company in the amount of $425,000.00 · Closing Statement Please keep this policy with the original recorded deed that was previously forwarded to your office on July 24, 2002. Thank you. Greg /md encs. cc: Melissa Spiro, Land Preservation Coordinator w/enc. [SSLmD BY COMAIONWE&LTH LAND TITLE LNSLIILMqCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Commonwealth SUBJECT TO THE EXCLUSIONS FROM COVEIL~.GE, THE EXCEPIIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPUL &TIONS, COMMONW£ALTH LAND TITLE INSUIL~'FFCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Dare of Policy shown in Schedule A. against loss or damage, not exceeding the -Xmount of Insurance stared in Schedule A, sus~ined or incurred by the insured h5 reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or llen or encumbrance on the title; 3. Unmarketability of the trrie; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the tiile, ms insured, but oaiy to thc extent provided in The Conditions and Stipulations. IN WITNESS ~rI-IEREOF, COMMONgg2zALTH LAND TITLE INSURANCE COMPANY ha~ caused itt corporate name and seal to be hereunto affLled by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Sec~etaxy President EXCLUSIONS FROM COVERAGE The following matters are expressly ~xcluded from the coverage of this policy and the Company will not pay los~ or drainage, coats, atrorneyd fees or expenses which arise by remson of: (al Any law, or clinance or government,a] regulation (including but not limited to building and zoning laws, orchnances, or regulations) restricting. regnlaring, prohibiting or relating to (i) The occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- meat now or hereafter crewed on the land; (iii) a sepaza6on in oxxmership or a change in the dimension5 or area of the land or any parcel of wiaich the [and is or x~ aa a par~; or (iv) environmental protection, or the affect of any violation of these laws, ordinallces or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or enctunbrance resulting from a violation or nl[eged x'iolation affecting the land has 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 reanlting from a violation or a[laged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent dommn unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, Liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or a~eed to by the insured claJrnant; (b) not known to the Company, not recorded in the public records at Date of Policy, bm known to the insured claimant and not disclosed in ~riiing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (¢) resulting ii1 no loss or damage to the insured claimant; (d) attaching or created subseqnent to Date of Policy; or (e) resulting in los, or damage which would no~ have been sustained if the insured clafmanz had paid value for the estate or interest insured by tMs policy. 4. Any claim, which arises out of the transw:tion vesting in the Insured the eatate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or stmilar creditors' rights laws, that is baaed on: (a) the transaction creating the estate or interest insured by this pohcy being deemed a fraudulent conveyance or frauduJem transfer; or Co) the trna,action creating the estate or interest insured by this policy being deemed a preferential trails fer except where the pre ferentiai transfer reaalts From tile failure: (i) to timely record the instrument of rrtmsfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien crethror. NM 1 PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A oRIo Valid only if Schedules A and B and Cover are attached MAY. 22.2002 2:..407M ' CLTIC RTV~RH£A~ ommon w . SCHEDULE A File No.: RH80021012 Amaunt of ;nsurance: $425,000.00 Date of Policy: Hay 22, 2002 Policy' No.; RHS,D021012 Name of ~nsured: TOWN OF SOUTHOLD The estate or interest in the land which is covered by this policy is: Development Rights Title to the estate or interest in the land is vested in,' TOWN OF SOUTHOLD 6¥ deed made by HAUREEN CULLTNANE to the TNSUP, ED dated May 22, 2002 and to be recorded in the Office of the Clerk/P, egister of SUFFOLK County. The land referred to in this policy is described on the anne)red Schedule A - Description. Authorized Officer er Agent Fee Policy Insert MAY, 22.2002 2:,4'07M CLTIC 2IVERHEAD N¢.i07, 'F', 3"3 SCHEDULE B Exceptions from Coverage File No,: RHSD02:I012 This policy does not insure against loss or damage (and the Cornpany will not pay costs, attorneys' fees or expenses) which arise by reason of the following; Riparian right of others in and to the unin~en"upted flow of any b~ooks or streams crossing the premises. Survey made by Peconic Surveyors, P.C. dated 03/25/02 and revise 03/2-9/02 covers premises and more and shows subject premises as cultivated fields a)Twenty (2-0) loot wide fight of way from Narrow River Road to reserved parcel; b)Twenty (20) foot wide dghf~ of way for under ground utilities and Agricultural use from Main Road (N.T.$.25) to reserved area, c)Landword edge of tidal wetlands, as delineated by Suffolk county, Environmental Consulting~ TN(:. on 03./2E/0[ shown over centre[ westerly and easterly portions of premises; al)Drainage ditch shown thereon; e)Edge of pavement from rood crosses extreme southeasterly corner of premises; ?)Drain shown in Northwesterly corner of premises; g)One-hundred (100) foot buffer shown over west~rly part of premises. No other encroachments or variations shown. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation wilJ terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored taxes, plus penalty and Jnteresf~, ii' any. Fee Policy Znsert File No.: RH80021012 SCHEDULE A - DESCR'rPTI'ON AMENDED 05/17/02 PART OF TAX LOT 001.002 ALL that certain plot, piece or parcel of land, situate, lying and being at Orient in the Town of Southold, County of Suffolk and State of New York, bounded as follows: BEGTNN[NG at the corner formed by the intersection of the southerly side of Main Road (NYS; Route 25) and the westerly side of Narrow River Road; RUNNING THENCE along the westerly side of Narrow River Road south 26 degrees 30 minutes 36 seconds east, 1044.17 feet to the corner formed by the intersection of the westerly side of Narrow River Road and the northwesterly side of Narrow River Road; THENCE along the northwesterly side of Narrow River Road south 34 degrees 48 minutes 36 seconds west, 945.21 feet to land now or formerly of Young; THENCE North 45 degrees 15 minutes 07 seconds west, 152.28 feet; THENCE NorEh 34 degrees 48 minutes 36 seconds East, 367.28 feet; THENCE North 45 degrees 15 minutes 07 seconds West, 510.63 feet; THENCE 5;outh 63 degrees 44 minutes 53 seconds West, 382.63 feet; THENCE South 78 degrees 54 minutes :LO seconds west, 190.00 feet to land now or formerly of Taylor; THENCE along said last mentioned land and land now or formerly of White and Sabine, north 22 degrees 05 minutes 5;0 seconds west, 697.49 feet to the southerly side of Main Road (NYS Route 25); THENCE along said southerly side of Main Road (NYS Route 25) the following three (3) courses and distances: 1. north 65 degrees 21 minutes 30 seconds east, 315,35 feet; 2. north 64 degrees 27 minutes 30 seconds east, 609.66 feet; 3. easterly along the arc of a curve bearing to the left, having a radius of 1604.28 feet, a distance of 309.66 feet to the corner first above mentioned, to the point or place of BEGiNNiNG. Fee Policy Insert Commonwealth File No.: RH80021012 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLTCY) ATTACHED TO AND MADE A PART OF POLTCy NO. RH80021012 TSSUED BY COMMONWEALTH LAND TTTLE I'NSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may herealter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 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 encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a par~ of the policy and is sub.iect to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: May 22, 2002 Issued at: Commonwealth Land Title Znsurance Company 177 Old Country Road, PO Box 419 Riverhead, NY 11901 By_ Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) CLOSING STATEMENT MAUREEN CULLINANE to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-19-1-1.2 29.5312 acres Route 25 & Narrow River Road, Orient Purchase Price: Payable to Maureen Cullinane $134,094.24 Check #67024 Payable to Margaret A. Young $145,452.88 Check #67028 Payable to Barbara Young $145,452.88 Check #67027 $ 425,000.00 Expenses of Closing: Appraisal Payable to Patrick A. Given SRPA Check #63900 - invoice dated 8/28/01 Payable to Patrick A. Given SRPA Check #65880 - invoice dated 1/28/02 $ 1.500.00 $ 2,500,00 Survey Paid by Maureen Cullinane Environmental Report Payable to Nelson, Pope & Voorhis Check #67026 $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #67023 Title policy $ 2,191.00 Deed recording $ 115.00 $ 2,306.00 Title Closer Payable to Karen Hagen, Esq. Check #67025 $ 50.00 Closing held on Wednesday, May 22, 2002, at 3:15 p.m. Southold Town Hall, 53095 Route 25, Southold, New York Those present at Closing: Joshua Y. Horton Gregory F. Yakaboski, Esq. Maureen Culiinane Patricia C. Moore, Esq. Karen Hagen, Esq. Melissa Spiro Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator GREGORY F. YAIC~.BO SKI TOWN ATTORNEY JOSHUA Y. HORTON Supervisor Town H~JI, 53095 Rou~e 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-maih gre g.yakab o ski@t own.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq.. Town Attorney July 24, 2002 Maureen Cullinane to Town of Southold Deed of Development Rights SCTM #1000-19.1-1.4 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 Deed of Development Rights dated May 22, 2002, between Maureen Cullinane and the Town of Southold, recorded in the Suffolk County Clerk's office on 6/6/02, in Liber D00012190 at Page 149. Thank you. Greg /md enos. cc: Melissa Spiro, Land Preservation Coordinator w/enos. Assessors w/enos. Town Board w/o enos. Land Preservation Committee w/o enos. COUNTY OF SUFFOLK EDWARD P. ROMAINE COUNTY CLERK Greetings, My office Nas officially recorded the enclosed property document, z-M1 fees have been paid and it is now being forwarded to you according to the instructions prov/ded to us at the time of recording_ Although we are not required to return recorded documents, I am happy to provide thfs service. Please keep the ~[ocumant in a safe place. Should you misplace it or require a certified copy, one can be obtained from my office. The Suffolk County Clerk's Office continues to seek out new and irmovative ways to improve and enhance our operations. Our state-of-the-art imaging system is just one example of the many improvements made in this office. My office has been electronically recording all land records through our optical imag/ng system and will soon be scanning Business Certificates and various liens, judgments and court documents. The electromc recording system makes documents available instantaneously for review and for printout on our many public access computers. Indi'~fduals can search our database and' review documents without leaving' their terminal. It also elirrhnates the need to create and maintain paper copies for perpetuity. That saves time, space and money! My office has also begun adding many ofonr records to our webpage. Currently, we have made available searchable indices of the over 600,000 Business Certificates and Corporations filed in the Cotm~,' Clerk's Office. We have added the index for ottr naturalization records dating back to 1841, a Teat source of information for those interested in doing a genealogical search. Additionally, by the end of the year we hope to have an index of Supreme Court minutes back to 1984 as well as an index of om-land records for the last twenty years available on the website. Please visit the Suffolk County Clerk's website at www.co.suffolk, ny.us/clerk. Be asanred that I will continue to perform the duties of this office in the most efficient economical and expeditious mariner. As always, if you have an).' thoughts, comments or suggestions, please feel fi-ee to contact me. Sincerely, /5/ , EDWAl:kD P. ROM.'UD, FE S~_tffolk Count' Clerk SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument:.DEEDS/DDD Number of Pages: 10 TP, ANSFER TAX NUMBER: 01-42628 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 019.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $425,000.00 Received the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 01-42628 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 06/06/2002 11:05:20 A~ D00012190 149 Lot: 001.004 Exempt $5.00 NO $5.00 NO $5.00 NO $30.00 NO $0.00 NO $105.00 Number of pages TORRENS Serial # Certificate # Prior Ctfi # Deed / IVlortgage Instrument 41 Page / Filing Fee '3 ~) Handling ' '~__ TP-584 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (County) EA-5217 (State) ILP.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other -- Sub Total 500 -- SnbTotal -- O".,NDTOT^L / 5 Real Property Tax Service Agency Verification Dist. I Section I Block I Lot / Statnp 02012942 zooo o~9oo ozoo oo~oo4 ' Date ,/~' Initials ._~ S atisfactions/Disc~arg~eleases~sr t'roperty~ow ners~vtmnng Address RECORD & RETURN TO: 2~)2 Jun 06 C;L E FtJ-,~ OF ~u, FO,-,. COUNTY ' P Recoxding I Filing Stamps Mortgage Amt. 1. BasicTax 2. Additional Tax Sub Total Spec./Assit. Or Spec../Add. TOT. MTG. TAX Dual Town Dual Count),__ Held For Apportionment __ Transfer Tax ~-d~Ndt Mansion Tax Ilae properS.3, covered by this mortgage is or will be improved by a one or two family dwelling on]y. YES orNO If NO, see appropriate tax clause on page # __ of this instrument. Cormnunity Preservation Fund Consideration Amount $ CPF Tax Due Improved Vacant Land TD / TD TD Title Company Information /~12. Suffolk County Recording & Endorsement Page This page fo~rns part ofthe attached /~'ff_~jg, ,~ bevefrv/>r,'2e,~.-/- ! (SPECIFY TYPE OF INSTRUMENT ) made by: The premises herein is situated in SUFFOLK COUNTY, NEW YORK. in the VILLAGE or I-L&JvILET of ~-/ BOXES 5 THRU 9 MUST BE ThTED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 22nd day of May, 2002, BETWEEN MAUREEN CULLINA/NE, residing at P.O. Box 35, Orient, New York 11957 part3~' of the first part, AND the TOWN OF SOUTItOLD, a municipal corporation having its office mxd principal place of business at Main Road, Tox~m of Southold, County of Suffolk and State of New York, party of the second part; 5X~qTNESSETH, that the party of the fn:st part, in consideration of FOUR HUNDRED T~VENTY-FIVE THOUSAND ($425,000.00) laxx~tl money of the United States and other good and vahiable consideration paid by the parC.' o£the second part, DOES HEREBY GRANT .AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPIVlENT RIGHTS, by which is meant the penrtaneut legal interest and fight, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use o£the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the fight to prohibit or restrict the use of the premises and any structures thereon for any propose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel o£ land, situate, ljyfng and being at Orient in the Town of Southold, County of Suffolk and State of New York, bounded as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road (NYS Route 25) and the westerly side of Narrow River Road; RUNNING THENCE along the westerly side of Narrow Rivet-Road south 26 degrees 30 minutes 36 seconds east, 1044.17 feet to the comer formed by the intersection of the westerly side of Narrow River Road and the northwesterly side of Narrow River Road; THENCE along the northxvesterly side of Narrow River Road south 34 degrees 48 minutes 36 seconds west, 945.21 feet to land now or formerly of Yonng; THENCE North 45 degrees 15 minutes 07 seconds West, 152.28 feet; THENCE North 34 degrees 48 minutes 36 seconds East, 367.28 feet; THENCE North 45 degrees 15 minutes 07 seconds West, 510.63 feet; THENCE South 63 degrees 44 minutes 53 seconds West, 382.63 feet; THENCE South 78 degrees 54 minntes 10 seconds West, 190.00 £eet to land now' or formerly of Taylor; THENCE along said last mentioned land and land now or formerly of White and Sabine, North 22 degrees 05 minutes 50 seconds West, 697.49 feet to the southerly side of Main Road 0qYS Route 25); THENCE along said southerly side of Main Road (NYS Route 25) the following three (3) courses and distances; 1. North 65 degrees 21 minutes 30 seconds East, 315.35 feet; 2. North 64 degrees 27 minntes 30 seconds East, 609.66 feet; 3. Easterly along the arc of a curve beating to the left, having a radins of 1604.28 feet, a distance of 309.66 feet to the comer first above mentioned, to the point or place of BE GINNING. 2 TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress m~d egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appm~tenances and all the estate and rigI~ts of the party of the first part in and to said premises, insofar as the rights granted hereunder are concemed. TO HAVE .4ND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the part3' of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant rura~ing with the land in perpetuity, fm'ther covenants and agrees for the party of the first part, and the heirs, legal representafives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. .'AND The part3' of the first pm% as a covenant rtmning with flxe land in perpetuity, fi_trther covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands acmally used in bona fide agricultural 3 production as defmed in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. 'AND the part3' of the first par~, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby covenant and agree in perpetuit3r that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the m~derlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of' such sections of the Tmxm or Real Property Law or any laws replach~g or in furtherance of them. The underlying fee maybe divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of laxv~ or with the written recordable consent of the Purchaser. This covenant shall nm with the land in perpetuity. Nothing contained herein shall prohibit the sale of the under134ng fee or any portion thereof. THE word "party'.' shall be construed as if it reads "parties" whenever the sense of this indentm'e so requires. 4 THE party of the first part, the heirs, legal representatives, successors and assigns of the pm'ty of the fin'st part covenants and agrees that it MI1 (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply Mth all of the Envh'ormaental Laws; allow' party of the second part and its agents reasonable access to the premises for proposes of ascertaining site conditions mad for inspection of the premises for compliance with this agreement. This covenant shall Mth the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the pat~f of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless fi-om mid against any' and all dmnages, claims, losses, liabilities and expenses, inchtding, Mthout limitation, responsibili .ty for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-perfor~nance of any covenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing oftitle herein; or (3) any action, suit, claim, or proceedhag seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ox~mership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall ru.n with the land in perpetuity. 5 THE party of the first part hereby reserves a txventy (20) foot fight-of-way for residential purposes including for ingress and egress framing Rom Narrow River Road to seller's retained five (5) acre building area. Said figJat-of-way shall be located a minhnum of one hundred (100) feet fi:om the wooded tidal wetland edge and as shox~m on the attached survey_ Seller reserves the fight to improve and maintain said right-of-way with per~'ious material and with such drainage as may be required by applicable regulatory agencies, at her own cost and expense. Tiffs covenant shall run with the land in perpetuity. THE party of the first part hereby resem~es a twenty (20) foot fight-of-way fi'om Main Road to the retained five (5) acre building area for installation, maintenance and repair of underground utilities Said right-of-way shall include the fight to install, maintt(m and repair such utilities as water, electric, gas and cable, and such other utilities or public sen'ices as may become available. However, said utilities shall be buried at sufficient depth so as to not interfere with the continued agficulturaI use of the property. Said right-of-way shall run along existing dirt farm road and be of sufficient width to accommodate all tmderground utihties as well as continued use of dirt farm road, for agricultural proposes. Tiffs covenant shall nm with the land in perpetuity. IT is hereby agreed and understood by the party of the first pmX and the party, of the second part that the farm road may cross the Development Rights property in its present location and ruay be relocated, as needed, as long as the road continues to be used for framing purposes. Tlffs covenant shall run with the land in perpetuity. THE use of this property shall be consistent with both the agricultural value and the scenic value of the property. Use of the property shall be conducted in a manner that does not detract from, or adversely affect the open space and scenic value that is protected by this development rights purchase and easement. This covenant shall nm with the land in perpetuity. AS set forth in Chapter 25 of the To;xm Code of the Towul of Southold DE\rEI-OPMENT RIGHTS acquired by the To;;m pursuant to the provisions of that chaptea' shall not thereafter be alienated, except upon the affirmative vote ora majority of the Toxxm Board after a public hearing and upon the approval of the electors of the Toxvn vothig on a proposition submitted at a special or biem~ial toxxm election. No subsequent amenchnent of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run ~vith the land in perpetuity. THE following shall be a covenant running ~xfth the land in perpetuity subject to the Tox~m receiving grant money f~om the New York State Department of Agricultm'e reimbursing the Town for the partial or total purchase price of this interest in land: "all amendments to the approved easement (the covenants and restrictions set forth in this Deed) must be anthorized by the New York State Department of Agriculture". This covenant shall run with the land in perpetuity. THE following shall be a covenant tanning with the lmld in perpetuity subject to the Town receiving grant money ~om the United States Department of Agriculture (USDA) Famaland Protection Prograna reimbursing the Toxvn for the partial or total purchase price of this interest in land: "Contingent Right in the United States of America: In the event that the county or local goverrmmnt and approved co-holding land trust, if any, fails to enforce any of the terms of this easement [or other interests in land], as 7 determined in the sole discretion of the Secretary of the United States Department of A~-iculture, the said Secretary of Agriculture and his or her successors and assigns shall have 'the right to enforce the terms of the easement through any and all authorities available m~der Federal or State law. h~ the event that the county or Iocal government and approved co-holding land trust, if any, attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement [or other interests in land] without the pr/or consent o£ the Secret~a'y of the Un/ted States Department of Agriculture and pa)qt~ent of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in fl~is easement [or other interests h~ land] shall become vested in the Un/ted States of America. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the frrst part and the party of the seond pm~r have duly execnted this deed the day and year fn:st written above. Seller: Maureen Cullinane Purchaser: Toxvn of Southold ~J6[l(ua Y. HortSn, Superx4sor STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) RECORDED 2002 Jun 06 Eduard P. Ro~',aine CLEI~,-;K OF SUFFOLK COUNTY L 0000i2I~0 P 149 · -DT~ 0i-42628 On the 22nd day of Ma3', 2002, before me personally appeared MAUREEN CULLIN,~!E, personally knoxxm to me or provided to me on the basis of satisfactory exSdence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same and that by her signature on the histmment, the individual, or the person upon behalf of which the individual acted, executed the instrument. KAREN j. HAGEN NOTARY PUBLIC, Btate of New York No, 02HA4927029 Qualilied in Suffolk County ,/7~ Commission Expires March 21, 20/~/[r7 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 22nd day of May, 2002, before me personally appeared JOSHUA Y. HORTON, personally rknox~m to me or provided to me on the basis of satisfactory evidence to be the individual xvhose name is subscribed to the within h~strument and acknowledged to me that he executed the same in his capacity as Supervisor of tI~e TO~VN OF SOUTHOLD, and that by his signatm-e on the hismtment, the individual, or the mmficipal corporation upon behalf of which the individual acted, executed the instrurnent. Notar~ Public MELANIE DOROSK] NOTARY PUBLIC, State of New Yod[ No. 01D04634870 Qu [rm · suffo county __ 9 PUBLIC HEARING APRIL 9, 2002 8:00 P.M. ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTUP, akL LANDS FOR A CERTAIN PARCEL OF PROPERTY OWNED BY MAUREEN CULLINANE. Present: Supervisor Joshua Y. Horton Justice Louisa P_ Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski COUNCILMAN WICKHA3I: "NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesdav, April 9, 2002. at 8:00 p.m., Southold To~a Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned bv Maureen Cullinane, pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Sonthold hereby Maureen Cullinane, o;wner of the property know as SCTM# 1000-19-1-1.2, located on the southxvest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value in addition to it's scenic value m~d proxhnity to ;vetlands, and The development rights purchase of tkis property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the To;xm Code, be it therefore Said property is identified as SCTM #1000-19-1-1.2. The property is located on the southwest comer of Main Road and Narrow River Road in Orient. The development rights easement comprises approximately 29.55 acres of the 34.55 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing_ The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.55 acres. The Tox~m is eligible for a grant fi:om the New York State Department of Agriculture for partial purchase of tins property and part of the purchase price may be reimbursed from that agency, and be it. NOTICE IS HEREBY FURTH F~R given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Tozm Hall, Feather Hilt Atmex, Sonthold, New York, and may be examined by any interested person during business hours. Dated: March 26, 2002_ By order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I before me a notification of publication in the Suffolk, and notice that has appeared on the Bulletin Board of the Southold Town Clerk. I don't have any additional communications. I wonder if I could ask the Director of the Land Preservation Department to give a brief presentation about this? MELISSA SPIRO: Good evening, Supervisor Horton, and members of the Toxsm Board. I am here tonight for Dick Ryan, Chainuan of the Land Preservation Committee in regard to the Town's proposed purchase of the development rights on the Cullianane agricultural parcel. The property owner, Maureen Cullinane is also here in the audience tonight. Maureen Cullinane's land is located in Orient on the southwest comer of Main Road and Narrow River Road. It is shown in red on the map in front. It is a highly visible property with road frontage on 3 sides. It has over 1200 feet of frontage on Main Road, and close to 2000 feet of frontage on Narrow River Road. Narrow Riverh Road cunTes so that it actually fronts on 2 sides of the property_ As you can see from the map, the property is adjacent to and in the vicinity of other protected parcels. The yellow indicates state owned land, the green indicates Town of County owned farmland development right easements, the light blue indicates Nature Conservancy land and the light tan indicates a Peconic Land Trust easement. The property is adjacent to, and in the vicinity of over 1000 acres of protected land. The total parcel is 34_5 acres, and the proposed development rights easement is 29.5 acres. The parcel contains prime ag soils and also some areas of ~vetland_ There will be 1 five acre reserved area with development rights intact, the reserved ama is the wlfite area surrounded by the red area_ Maureen Cullinane proposes to construct an agricultural barn and eventually her home on the 5-acre reserved area. There will be a 20' wide easement area allowed to the reserved from Narrow River Road for residential purposes, and a 20' wide easement area allowed to the reserved from Narrow Riverh Road for residential purposes, and a 20' wide easement area from Main Road to the reserved area for agfiiultural purposes and for a utility easement to the reserved area. The parcel is located within the existing 5 acre zoning district. It is a pamel that is ctwrently farmed tmder a lease, and the new owner has plans to farm the parcel herself_ The parcel is located on the Tomato's Community Preservation Plan under three different classification codes: agricultural preservation, lands of exceptional scenic value and wetland protection. The landoxxmer originally had an application before the Planning Board to create a total of 4 lots on tiffs parcel, 3 residential lots and l agricultural lot with purchase of development rights potential. After reviexving the application and conducting field inspections, the Committee decided that they would like to see more preservation and less development on this parcel. That is, they wanted to make sure that as much agricultural land as possible was preserved, in addition to preservation of the scenic value of the parcel. The committee felt that the proposed developmcn~t, even though it was not a full development, did not achieve these goals. The Committee worked diligently with the applicant, who also wished to see as much of the property preserved as possible, and they were able to negotiate the proposal we have before you tonight, which does meet the goals of both increased agricultural and scenic preservation. The negotiated purchase price is four hundred t~venty-five thousand dollars and 29_5 acre development rights easement. The value of the purchase is supported by an appraisal prepared by Give-a Associates of Hauppauge. The purchase will be in accordance with Chapter 25, Agricultural lands Preservation and Chapter 6, the Community Preservation Fund_ The funding for the purchase will come fi:om the 2% funding. This parcel was included in a grant awarded by the Department of Agricultural and Markets and therefore it is likely that the Tow~ will receive partial re-imbUrSement for the purchase. Because of it's agricultural value, its scenic value and its proximity to other existing productive farmland and preserved land, this property has a high eligibility for presto-ration. The Land Preservation Committee is unanimous in recommending tlfis development rights purchase. SUPERVISOR HORTON: Is there anyone else who would like to comment on the public hearing? (No response.) I would like to extend my congratulations. Often times the Town Board gets credit for these acquisitions, and all the accolades, and I have to say that, Melissa, between you and the people that you work with have put this together with not much help fi:om the Toxvn Board. This is what you do, and you do it well, and if anybody needs to be thanked for presetwation in this town it is your office, so I appreciate that. MAUREEN CULLINANE: I am Maureen Cullinane. I am the landowner, and I xvould just like to take this opportunity to commend the Land Preservation Committee and Melissa. You stole my thtmder a little bit. But, they have been extraordinarily hard working, patient, and tenuous to make this deal happen, and I want to say tliat I appreciate it, and I am proud and pleased to live in a community that has volunteers doing this kind of good work. I thank everyone. DICK RYAN: Good evening. My name is Dick Ryan. I serve as Chairman of the Town's Land Preservation Committee, and it is almost like a love lest that I am experiencing here now. It is great, but I did want to not only commend Melissa for the message she gave you. It is exactly on point, and Maureen, too, for her description of our involvement together. This is probably the most challenging, most intensive negotiation we have experienced thus far with repeated visits to the property by members of the committee, and a lot of conversations with Planning Board, Planning staff, attorneys, brainstorming in our own committee. It is a fantastic success. It is a win for Southold Town and the Orient conuuurdty to make one more step into preservation of the rural character of Southold. So, I hope you do well here. SLrPERVISOR HORTON: Thanks, Dick. Anyone else like to address the Board on this piece? (No response.) We will close the hearing. Southold To~vn Clerk ELIZABETH A. NEVILLE TOWN CLERK REGIST~ OF \rITAL STATISTICS ~£iRRIAGE OFFICER RECORDS ~i~XTAGEMENT OFFICER FREEDOM OF INFOR1VLiTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 souiholdto~m.nor thfork_net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 208 OF 2002 WAS ADOPTED AT THE REGUL).R MEETING OF THE SOUTHOLD TOWN BOARD ON i~L~RCH 26, 2002: WHEREAS, Maureen Cullinane, ox~mer of the property know as SCTM# 1000-19-1-1_2, located on the southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and WHEREAS, the property is listed on the Tovaf s Community Preservation Project Plan as property that should be preserved due to it's agricultural value in addition to it's scenic value and proximity to wetlands, and ~lqrIEREAS, the development rights purchase of this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the To~m Code, be it therefore RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Conummity Preservation Fund) of the Town Code, the Toxxm Board of the To,wa of Southold hereby sets Tuesday, April 9, 2002, at 8:00 p.m., Southold Town Hall~ 53095 Main Road, Southold, New York as the time and place for a public hearing for/he purchase of development rights of agricultural lands for a certain parcel of property owned by Maureen Cullinane. Said property is identified as SCTM #1000-19-1-1.2. The property is located On the southwest comer of Main Road and Narrow River Road in Orient. The development rights easement comprises approximately 29_55 acres of the 34.55 acre farm. The exact area of the development rights easement is to be determined by a toxxm provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.55 acres_ The Town is eligible for a ~ant from the New York State Department of Agriculture for partial purchase of this property and part of the pttrchase price may be reimbursed from that agency, and be it. FURTHER RESOLVED is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Ne¥ille Southold Town Clerk PUBLIC HE.~xTG ?d?RIL 9, 2002 8:00 P.M. ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS FOR A CERTAIN PARCEL OF PROPERTY OWNED BY I~UREEN CULLINANE. Present: Super~4sor Joshua Y. Horton Justice Lotfisa P. Evans Councilman William D. Moore Councilman Jolm M. Romanelli Councilman Craig A. Richter Councilman Thomas II. Wickharn Town Clerk Elizabeth A. Neville Totem Attorney Gregory A. Yakaboski COUNCILMAN 'WICKIt.43.I: "NOTICE IS HEREBY GIVEN that the Town Board of the Tox~m of Southold hereby sets Tuesday. April 9~ 2002, at 8:00 p.m, Southold Town I-Iaik 53095 Main Road, Sonthold~ New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain pared of property, owned bv Maureen Cullinane~ pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Toxxm of Southold hereby Maureen Cullinane, oxxmer of the property know as SCTM# 1000-19-1-1.2, located on the southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value in addition to it's scetfic value and proximity to wetlands, and The development rights purchase of this property is in cmfformance with the Community Preservation Project Plan and Chapter 25 (Agxicultural Lands Preservation) of the Totem Coi:le, be it therefore Said property is identified as SCTM #1000-19-1-1.2. The property is located on the southwest comer of Main Road and Narrow River Road in Orient. The development rights easement comprises approximately 29.55 acres of the 34.55 acre farm. The exact area of the development rights easement is to be determ'med by a town provided survey, acceptable to the Land Preservation Corrm~ittee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.55 acres. The Town is eligible for a grant from the Nexv York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed fi:om that agency, and be it. NOTICE IS I-IEREBY FURTHER given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town IIall, Feather Hill ,~dmex, Southold, New York, and may be examined by any interested person during business hours. Dated: March 26, 2002. By order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I before me a notification of publication in the SuffoLk, and notice that has appeared on the Bulletin Board of the Sonthold Town Clerk. I don't have any additional communications. [ wonder if I could ask the Director of the Land Preservation Department to give a brief presentation about this? MELISSA SPIRO: Good evening, Supervisor Horton, and members of the Town Board. I am here tonight for Dick Ryan, Chairman of the Land Preservation Committee in regard to the Toxxm's proposed purchase of the development rights on the Cullianane agricultural parcel. The property owner, Maurean Cullinane is also here in the audience toni~xt. Mattreen Cullinane's land is located in Orient on the southwest comer of Main Road and Narrow River Road. It is shown h~ red on the map in fi:ont. It is a highly xdsible property with road frontage on 3 sides, tt has over 1200 feet of frontage on Main Road, and close to 2000 feet of frontage on Narrow River Road. Nan'ow Riverh Road curves so that it actually fi:onts on 2 sides of the property. As you can see fi:om the map, the property is adjacent to and in the x4cimty of other protected parcels. The yellow indicates state owned land, the green indicates Tow'n of County owned farmland development right easements, the light blue indicates Nature Conservancy land and the light tan indicates a Peconic Land Trust easement. The property is adjacant to, and in the vicinity of over 1000 acres of protected land. The total parcel is 34.5 acres, and the proposed development rights easement is 29.5 acres. The parcel contains prime ag soils and also some areas of wetland. There will be 1 five acre reserved area with development rights intact, the reserved area is the white area surrounded by the red area. Maureen Cullinane proposes to construct an agricultural barn and eventually her home on the 5-acre reserved area. There will be a 20' wide easement area alloxved to the reserved from Narrow River Road for residential purposes, and a 20' wide easement area allowed to the reserved from Narrow Riverh Road for residential proposes, and a 20' wide easement area from Main Road to the reserved area for agricultural purposes and for a utility easement to the reserved area. The parcel is located within the existing 5 acre zoning district. It is a parcel that is cttrrently farmed under a lease, and the new owner has plans to farm the parcel herself. The parcel is located on the Town's Community Preservation Plan under three different classification codes: agricultural preservation, lands of exceptional scenic value and wetland protection. The landowner originally had an application before the Plamting Board to create a total of 4 lots on this parcel, 3 residential lots and l agricultural lot with pnrchase of development rights potential. After reviewing the application and conducting field inspections, the Committee decided that they would like to see more presentation and less development on this parcel. That is, they wanted to make sure that as much agricultural land as possible was preserved, in addition to preservation of the scenic value of the parcel. The committee felt that the proposed development, even though it was not a full development, did not achieve these goals. The Conmzittee worked diligently with the applicant, who also wished to see as much of the property preserved as possible, and they were able to negotiate the proposal we have before you tonight, which does meet the goals of both increased agricultural and scenic preservation. The negotiated purchase price is four hundred twenty-five thousand dollars and 29.5 acre development rights easement. The value of the pm-chase is supported by an appraisal prepared by Given Associates of Hauppauge. The purchase will be in accordance xx4th Chapter 25, Agricultural lands Preservation and Chapter 6, the Community Preservation Fund. The funding for the purchase will come from the 2% funding. This parcel was included in a grant awarded by the Department of Agricultural and Markets and therefore it is likely that the Toxxm will receive partial re-imbursement for the purchase. Because of it's agricultural value, its scenic value and its proxilnity to other existing productive farmland and preserved land, this property has a high eligibility for preservation. The Land Preservation Committee is unanimous in recommending this development rights pm-chase. SUPERVISOR HORTON: Is there anyone else who would like to comment on the public hearing? (No response.) I would like to extend my congratulations. Often times the Toxm~ Board gets credit for these acquisitions, and all the accolades, and I have to say that, Melissa, between you and the people that you work with have put this together with not much help fi.om the Town Board. This is what you do, and you do it well, and if anybody needs to be thanked for preservation in tlfis town it is your office, so I appreciate that. IvLkUREEN C:ULLINANE: I am Maureen Cullinane. I am the lando~mer, and I would just like to take this opporm~fity to commend the Land Preservation Committee and Melissa. You stole my thunder a little bit. But, they have been extraordinarily hard working, patient, and tenuous to make this deal happen, and I want to say that I appreciate it, and I am proud and pleased to live in a con-m~unity that has volunteers doing this kind of good work. I thank everyone. DICK RYAN: Good evening. My name is Dick Ryan. I serve as Chairman of the Town's Land Preservation Committee, and it is almost like a love fest that I am experiencing here now. It is great, but I did want to not only commend Melissa for the message she gave you. It is exactly on point, and Maureen, too, for her description of our involvement together. This is probably the most challen~ng, most intensive negotiation we have experienced thus far with repeated visits to the property by members of the committee, and a lot of conversations with Platming Board, Plaurfing staff, attorneys, brainstorming in our ox~m committee_ It is a fantastic success. It is a win for Southold Town and the Orient community to make one more step into preservation of the rural character of Southold. So, I hope you do well here. SUPERVISOR HORTON: Thanks, Dick. Anyone else like to address the Board on this piece? (No response.) We will close the heating. Southold Toxvn Clerk 4/9/02 TB Hearing: Cullinane Farm Development Pdghts Purchase SCTM# 1000-19-1-1.2 Good even Supervisor Horton and members of the Town Board. I am here tonight with Dick Ryan, Chairman of the Land Preservation Committee, in regard to the Town's proposed purchase of the development rights on the Cullinane agricultural parcel. (The property owner, Maureen Cullinane is here tonight in the audience also.) Maureen Cullinane's land is located in Orient on the southwest comer of Main Road and Narrow River Road. It is shown in red on the map in 15ont. It is a highly -visible property with road frontage on 3 sides. It has over 1200 feet of fi'ontage on Main Road,'and close to 2000 feet of frontage on Narrow River Road. Narro~v Pdver Road curves so that it actually fronts on 2 sides of the property. As you can see flOln the map, the property is adjacent to and in the vicinity of other protected parcels. The yellow indicates state owned land, the green indicates either Town or County o~vned farmland development right easements, the light blue indicates Nature Conservancy land and the light tan indicates a Peconic Land Trust easement. The property is adjacent to, and in the vicinity of over 1000 acres of protected land. The total parcel is 34.5 acres, and the proposed development rights easement is 29.5 acres. The parcel contains prime ag soils and also some areas of wetland. Thei:e will be 1 five acre reserved area with development rights intact (the reserved area is the ~vhite area surrounded by the red area.) Manreen Cullinane proposes to construct an agr/cultural barn and eventually her home on the 5 acre reserved area. There will be a 20' wide easement area allowed to the reserved from Narrow River Road for residential purposes, and a 20' wide easement area from Main Road to the reserved area for agricultural purposes and for a utility easement to the reserved area. The parcel is located within the existing 5 acre zoning district. It is a parcel that is currently farmed under a lease, and the new owner has plans to farm the parcel herself. The parcel is located on the To~vn's Community Preservation Plan under three different classification codes: agricultural preservation, lands of exceptioflal scenic value and wetland protection. The landoxvner originally had an application before the Planning Board to create a total of 4 lots on this parcel (3 residential lots and 1 agricultural lot with purchase of development rights potential). After reviewing the application and conducting field inspections, the Committee decided that they would like to see more preservation, and less development on this parcel. That is, they wanted to make sure that as much agricultural land as possible was preserved, in addition to preservation of the scenic value of the parcel. The committee felt that the proposed development, even though it was not a full development, did not achieve these goals. The Committee worked diligently with the applicant, who also wished to see as much of the property preserved as possible, and they were able to negotiate the proposal we have before you tonight, which does meet the goals of both increased agricultural and scenic preservation. The negotiated purchase price is four hundred tWenty-five thousand dollars ($425,000) for the 29.5 acre development rights easement. The value of the purchase is supported by an appraisal prepared by Given Associates of Hauppauge. The purchase ~vill be in accordance with Chapter 25, A~icultural Lands Preservation and Chapter 6, the Community Preservation Fund. The funding for the purchase will come from the 2% funding. This parcel was included in a ~ant awarded by the Department of Agricultural and Markets and therefore it is likely that the Town will receive partial re-imbursement for th~ purchase. Because of its agricultural value, its scenic value and its proximity to other existing productive farmland and preserved land, this property has a high eligibility for preservation. The Land Preservation Committee is unanimous in recommending this development rights purchase. 2 Tax Map Location I 93 - ~ ~ I~EGAL NOffICE~ :~ 'NO~I~E OF/PUBLiC HEARING ' NOTICE ,IS- HEREBY GIVEN that the~' Town Board of the Towi~ of Southold hereby sets Tuesday, April 9, 2002,~ at 8:00 p.m., Southold Town · Hall,. $3095" M~ib Road,-Southold, New'York,as fl~e;time~'and place for a . public~ ~h~afihg ~fO~',~the .purchaSe of development, rights ~f agricultural - lands' for a ~:ertain parcel owned by '. Maureen CUllinane, pursuant to the p?ovisions Of Chapter 25 and/or ChaPter 6 (2%' Community :Preservati°n Fund) of the .Town: COde; :the Town ~Board of me Town o{ Southold hereby Manreen Cullinane,-owner 'of the propert~ ~uown: as. SCTM #t000-19-1, 1.2, lo~ated on the southwest Comer Of 4~lain Road and Narrow-River. Road in Orient ~has offered to sell the develop- ment- · ights on 29.55 acres C on the yalue in.- md P. roxim- :The'- STATE OF NEW YORK) )SS: ~ OF~ SUFFOLK) ~ ' :. .~.~.~,L~,;~---//~,~ ~-.~'~- ~ of 'MaEituck, in ~id ~n~, '~ing duly sworn, ~ys ~at he/she is Principal de~ ~ THE SUFFOLK TIMES, a wee~y ~s~r, pub- li~ at Ma~ck, in t~ Town of ~~, C~n~ ~ S~olk and ~te of New Yo~, and ~at the Noa~ of ~ich · e ~nex~ is a pd~ ~py, ~s ~n ~ula~ pub- lished in said Newspa~r once ea~ week for / w~ks su~ely, ~mmencing on the ~ day of. ~/~ ~ o~ Swm to ~m m ~is ~ dayof ~/ 2~ LAURA E. BONDARCHUK Notary Public, State of N~w York No 01 B06067958 ~ Qualified in Suffolk County ~y Commission Expires Dec. 24, 2~ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesday, April 9~ 2002, at 8:00 p.m., Southold Town Hall, 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of proper .ty owned by Maureen Cullinane~ pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby Maureen Cullinane, owner of the prop erty know as SCTM# 1000-19-1-1.2, located on the southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value in addition to it's scenic value and proximity to wetlands, and The development rights purchase of this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, be it therefore Said property is identified as SCTM #1000-19-1-1.2. The property is located on the southwest comer of Main Road and Narrow River Road in Orient. The development rights easement comprises approximately 29.55 acres of the 34.55 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development fights easement on approximately 29.55 acres. The Town is eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency, and be it. NOTICE IS HEREBY FURTHER given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: March 26, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK · PLEASE PUBLISH ON APRIL t~ , 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney John Cushman, Accounting Land Preservation Committee Department of Land Preservation Maureen Cullinane Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the aq''*k day of'"(~ ,2002, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARINGS FOR APRIL 26, 2002 Elizabeth A. Neville Southold Town Clerk Sworn before me this oq '"'~day of ~~Q ,2002.