HomeMy WebLinkAboutElak, John M~LISSA A. SPIRe
L.~AND PRESERVATION COORDINATOR
To~vn Hall, 53095 State Route 25
P.O. Box 1179
Seuthold, New York 11971-0959
Telephone (631) 765-5711
Fax (631) 765-1366
TO:
FROM:
RE:
DATE:
DF, PARTI~IENT OF LA.ND PRESERVATION
TOWN OF SOUTHOLD
Supervisor Horton
Town Board
,/rom Clerk
Land Preservation Committee
Town Attorney
Planning Board
Tax: Assessors
Btfilding Department
Data Processing
John Cushman
Melissa Spiro, Land Preservation Coordinator /
Farmland Development Rights Easement Acquisition
L,~l~/openy' ~
S(.I~M# Il. J0-115-8-3..~
AffgUst 28, 2003
Please be advised, that the Town has acquired a development rights easement on the property listed below. If you
wpuld like any additional information regarding the purchase, please feel free to contact me_
SCTM#:
OXVNER:
PURCHASE DATE:
PURCHASE PRICE:
EASEMENT AREA:
FUNDING:
SCTM# 1000-115-8-3_3
John Elak
Town closed on development rights easement on 8/25/03_
$613,545 ($25,000 per acre)
24_5418 acres
The development rights easement was acquired with Community Preservation
(2%) funds.
This purchase is eligible for federal funding from an awarded grant from the
USDA Natural Resources Conservation Service. The Town will receive a re-
imbursement of $282,850 from NRCS.
MISC:
The development rights were purchased on 24.5418 acres of the 28.6496 acm
parcel_ The reserved area (3_8863 acres) remains part of the 28.6496 acre parcel. The
location of the reserved area is shown on the attached survey.
After the Tobin's purchase of the development rights, the Elak's entered into an
additional conservation easement with the Peconic Land Trust on both the PDR land
and the reserved area_
Encl.
2'OHN C. F~ ~r~$ LAND $ UKV'F_Y~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VIT.kL STATISTICS
~,LkRRIAGE OFFICER
RECORDS MANAGEI'~ENT OFFICER
FREEDOM OF IiXrFOI~LkTION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 683 OF 2002
WAS ADOPTED AT THE REGULAR I~EETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 22, 2002:
RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Commurdty
Preservation Fund) of the Town Code, the To~vn Board of the Toxvn of Southold hereby sets
Thursday, November 7, 2002, at 7:15 p.m, Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearing for the purchase of
develooment rights of a~rieultural lands for a certain parcel of property owned by John
Elak.
Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side
of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue,
and on the nm'~h side of New Suffolk Avenue, approximately 558 feet east of the intersection of
New Suffolk Axrenue and Locust Avenue, in Mattituck.
The development rig~hts easement comprises approximately 25 acres of the 29 acre faun. The
exact area of the development rights easement is to be determined by a toxin provided survey,
acceptable to the Land Preservation Committee, prior to the contract closing. The purchase pr/ce
is $25,000 (twenty-five thousand dollars) per acre. The property is listed on the To~vn's
Conununity Preservation Project Plan as property that should be preserved due to its agricultural
value.
RESOLUTION
OCTOBER 22, 2002
V - 683
RESOLVED that pursuant to the proxdsions of Chapter 25 and/or Chapter 6 (2% Community
Preservation Fund) of the Tox~m Code, the Toxvn Board of the To~m of Southold hereby sets
Thursday, November 7, 2002, at 7:15 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 properl3, o~med by John
Elak.
Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side
of Main Road, approxhnately 665 feet east of the intersection of Main Road and Locust Avenue,
and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of
New Suffolk Avenue and Locust Avenue, in Mattituck.
The development rights easement comprises approximately 25 acres of the 29 acre farm. The
exact area of the development rights easement is to be determined by a toxxm provided survey,
acceptable to the Land Preservation Cormmittee, prior to the contract closing. The purchase price
is $25,000 (twenty-five thousand dollars) per acre. The property is listed on the Town's
Community Preservation Project Plmx as propet~y that should be preserved due to its a~Scultural
value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill
,~mex, Southold, New York, and ma3' be examined by any interested person during business
hours.
FURTHER NOTICE is hereby ~ven that a more detailed description of the above mentioned
parcel of land is on file in the Land Preservation Depar~nent, Southold Town Hall, Feather Hill
Annex, Southold, New York, and may be exam/ned by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
SOUTHOI_D TOWN BO,~,D
PUBLIC HEARING
November 7, 2002
7:15 P.M.
HE.~RING ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS
OF JOHN ELAK, SCTM # 1000-115-8-3.3
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councihnan William D. Moore
Councilman John M. Romanelli
Councilman Thomas H. Wickham
ToxYn Clerk Elizabeth A. Nexrille
Town Attorney Gregory A. Yakaboski
Absent: Comxcilman Craig A. Richter
COUNCILMAN WICKHAM: NOTICE IS FIFREBY GIVEN that 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 sets Thursday. November 7~ 2002~ at 7:15 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 property owned bv
John Elak.
Said propet~ty is identified as SCTM #1000-115-8-3.3. The property is located on the south side of
Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on
the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of Nexv Suffolk
Avenue and Locust Avenue, in Mattituck.
The development rights easement comprises approximately 25 acres of the 29 acre farm. The exact
area of the development rights easement is to be determined by a totem provided survey, acceptable to
the Land Preservation Conunittee, prior to the contract closing. The purchase price is $25,000
(r~venty-five thousand dollars) per acre. The property is listed on the Town's Community Presenration
Project Plan as property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Ampex,
Southold, New York, and may be examined by any interested person during business hours.
Public Hearing-Elak Property
11/7/02
COUNCILMAN WlCKHAM: I have here a certification that it has been published as a legal in the
Suffolk Times and it has also appeared on the bulletin board of the Toxx'n Clerk_ I don't have any
further information on this.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Good evening Supervisor Horton
and members of the Town Board. I am Melissa Spiro, Land Preservation Coord'mator, and I am here
tot~ight on behalf of my Deparm~ent and the Land Preservation Committee. The Elak farm is owned
Iolm Elak Sr. The farm is located on the south side of Ma'm Road in Mattituck, west of the curve in
the road, behind the Manor Hill Farm Stand, about 700' east of Locust Avenue. The property goes to
the south all the ~vay to New Suffolk Avenue. The property has over 400 feet of frontage on Ma'm
Road and over 650 feet of frontage on New Suffolk Avenue. I have two maps showing the Elak
property. One is an aerial map, taken in the spring of 2001. This is the Main Road and this is Locust
Avenue and New Suffolk. And outl'med here in red, this is basically the Elak farm. And the other is a
map that shows the location of the property and the preserved lands within the vicinity of the Elak
farm. The Elak's have offered the development rights on approximately 25 acres of the 29 acre farm.
An area of approximately 4 acres on the Main Road side of the property will be reserved from the sale
of development rights. The resented area will be set back from Main Road and the development rights
will be sold along the Main Road frontage, except for an access area. The maps show an approximately
4 acre area for concept purposes, however, the exact location for the reserved area is still being
reviewed by the Elak family and the Land Preservation Committee. As can be seen by these maps, the
property is in the vicinity of many protected parcels. The Town ow'ns the development rights on farms
across the street, and the county owns the development rights on farms to the east_ In addition, the Elak
farm is not far fi:om the Dowses Farm Preserve, which contains beautiful wal!dng trails and an
interpretive center. The. property is located within the A-C Agricultural-Conservation Zoning District,
and contains prime agricultural soils. It is included in the Tomato's Conm~unity Preservatinn Plan as a
farm that should be preserved. The farm was purchased about 85 years ago by John's father, Frank
Elak. Upon Frank's passing, John Sr. took over the farm. The farm has historically been planted in
potatoes and vegetables. The acquisition price is 25,000 dollars per acre, which is approxhnately six
hundred and twenty-five thousand dollars ($625,000) for the 25 acre development rights easement. Ihe
value of the purchase is supported by an appraisal. The purchase will be in accordance with Chapter
25, Agricultural Lands Preservation and Chapter 6, the Commm~ity Preservation Fund. It is likely that
funding for the purchase will come fi:om the 2% fund'mg. The farm is included on awarded grants from
both the 2002 Federal Fannlm~d Protection Program and the New York State Department of
Agriculture. Therefore it is likely that the Toxxm will receive partial re-imbursement for the purchase
from either one, or both, of these grants. I'd like to thank both the Peconic Land Trust and Suffolk
County for their assistance towards preservation of this project. The Trust has been working for quite
some time with the Elak family in regard to preservation options. The County was also working xxfth
the Elak family towards preservation. However, due to the fact that the Town has the potential to
receive partial re-imbursement for the acquisition from the awarded ~ants, the Cotmty coordinated
with the Toxxm on the project so that the Town could proceed. Because of its agricultural value, its
sceuic value and its proximity to other existing productive farmland and preserved land, tiffs property
has a high eligibility for preservation. The Land Preservation Committee and I are unanimous in
recommending this development rights acquisition as it furthers the town's goal of preservation of
farmland and preservation of the rural character of the to~xm. Thank-you.
Public Hearing-Elak Property '~ .... 3
1 l/7/02
SUPERVISOR HORTON: Would anyone else care to address the Toxw~ Board on this public hearing
regarding this acquisition? Melissa Spiro is our Town's Presetw'ation Coordinator and she comes
before us often with acquisitions of this nature and of acquisitions of open space and I gan~rally take
this opportunity to personally thank-you. You were here at 9:20 tonight to present this to the Board
and you were over in your office at 9:20 at night, often sifting through yottr paperwork and getting
these deals done_ I can't thank you enough for the effort that you put forth and I say that on behalf of
the Town Board. Congratulations on another job well-done. We will close this public heating.
Southold Town Clerk
NOTICE OF PUBLIC I~AP. ING
~iii~iNOTICE :iS HEREBY GIVEN
~:t~at pursuanvto~tlie prov~slOas .of
i:~'Ch~Pter 25 and/or Ckiapterl 6(2%'
!!:Community Preservation Fired) of
~th¢ Town Code the Towh.Board~ of
i~? ..TOwn- of Soutl~old 'hereby sets
~:Thu~sda:~; Nbvember 'T, 2002, -at. 7.' 15
~p.m., ~South01d~ Town Hall, $3095
Main Road, South01d,. New York as
the time and'~Place fora Public hear~
mg for the .purchase og development
~rights :of~.agricultural lands for ~ cer-
~tain parcel of property, owned by
John Etak,'
: Said proper~y is identified as
f~SCTM:#1000-115-8-3.3. The property
~is lqcated on the south side of Main
~?R0ad,' ~pproximately 665 fe~t east of
and
6f the
the
rights easement is to be
sur-
~vey, acceptable to the Land
:~Preserva~ion Committee prior to the
ll~co.ntract 'closing. The purchase price
5qs $25 000 (twenty-five thous ~and dol-
l'llars)' per.acre. The property is listed
~!on the 'fown's Community
~'.Presexvation Project Plan as property
Ythat should--be~ preserved due~o-its
i agricultural value.
-"~- FURTHER NOTICE is hereby
[BOARD
NEVILLE
STATE OF NEW YORK)
)SS:
~_~t~"zg'~',,~___. of Mattituck, in said
county, being duly sworn, says that 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 that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper
once each week for / weeks succes-
sively, commencing on the ~,_~/ day
of t5~.7"' 20~-E~
Sworn to before me this /
day of /~/4rvq 20 43
LAURA E. BONDARCHUK
Notary Public. State of New York
No 01 B06067958
Qualified in Suffolk County 20
My Commission Expires Dec. 24, _
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GI~rEN that pursuant to the provisions of Chapter 25 and/or
Chapter 6 (2% Community Preservation Fund) of the Tox*u2 Code, the Town Boa.rd of the
Town of Southold hereby sets Thursda% November 7. 2002. at 7:15 p.m, Southold
To~ 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 b~' John Elak.
Said property is identified as SCTM #1000-115-8-3.3. The property is located on the
south side o£ Main Road, approximately 665 feet east of the intersection of Main Road
and Locust Avenue, and on the north side of New Stfffolk Avenue, approximately 558
feet east of the intersection of Nexv Suffolk Avenue and Locust Avenue, in Mattituck.
The development rights easement comprises approximately 25 acres of the 29 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 $25,000 (twenty-five thousand dollars) per acre. The
property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value.
FURTHER NOTICE is hereby ~ven that a more detailed description of the above
mentioned parcel of land is on file in the Land Preservation Department, Southold Town
Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested
person during business hours.
Dated: October 22, 2002
BY ORDER OF THE SOUTHOLD TOXVN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON OCTOBER 31, 2002, .aND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOX¥3I CLERK,
TOXVN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Tox~m Board Members
Toxxm Attorney
Accounting
rand Preservation Committee
Departmant of Land Preservation
Elak
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, Nexv York being
duly sxvom, says that on the ~5 day of ~)~ ,2002, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and snbstm~tial
manner, in a most public place in the Tox~m of Southold, Suffolk County, New' York, to
xx4t: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARING FOR NOVEMBER 7, 2002, ELAK
~lizabe~h A. ~-dville
Southold To~vn Clerk
Sworn before me this
05 dayof &~ ,2002.
~-/ N~tary Public
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTI:L~R OF VITAL STATISTICS
MAi{RL~GE OFFICER
RECORDS ~LkNAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southotd, New York 11971
Fax (631) 765-6145
Telept~one (631) 765-1800
southoldtown.nor thfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLO~qNG RESOLUTION NO. 683 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 22, 2002:
RESOLVED that pursumxt to the prox4sions of Clmpter 25 and/or Chapter 6 (2% Cormntmity
Preservation Fund) of the Town Code, the Town Board of the To~xm of Southold hereby sets
Thursday, November 7, 2002, at 7:15 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 property owned by John
Elak.
Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side
of Main Road, approximately 665 feet east of the intersection of Main Road and Locust AveRue,
and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of
New Suffolk Avenue and Locust Avenue, in Mattituck.
The development rights easement comprises approximately 25 acres of the 29 acre farm. The
exact area of the development fi~xts easement is to be determined by a town provided survey,
acceptable to the Land Preservation Cormnittee, prior to the contract closing. The purchase price
is $25,000 (twenty-five thousand dollars) per acre. The property is listed on the Town's
Community Preservation Project Plan as property that should be preserved due to its agricultural
value.
FURTHER. NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in the 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. Neville
Southold Town Clerk
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 17
TRANSFER TAX NIIMBER: 03-06933
District:
1000
Deed Amount:
Recorded: 09/19/2003
At: 01:16:30 PM
LIBER: D00012273
PAGE: 138
Section: Block: Lot:
115.00 08.00 003.003
EXA~INED AND CHARGED AS FOLLOWS
% $613,545.00
Received the Following Fees For Above Instruauent
Exempt
Page/Filing $51.00 NO
COE $5.00 NO
EA-CTY $5.00 NO
TP-584 $5.00 NO
RPT $30.00 NO
Transfer tax $0.00 NO
TRANSFER TAX NUMBER:
03-06933
Exempt
Handling $5.00 NO
NYS SRCHG $15.00 NO
EA-STATE $50.00 NO
Cert. Copies $11.05 NO
SCTM $0.00 NO
Comm. Pres $0.00 NO
Fees Paid $177.05
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
OCT 2 $
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctfi #
Deed / Mortgage Instrument
4
Page/Filing
ltandling
TP-584
Deed / Mortgage Tax Stamp
FEES
Notation
EA~52 17 (County)
.... Sub Total
EA-5217 (State) tr' 19 -'-'
R.P.T.S.A. _
Comm. of Ed. 500
Affidavit
R;g Copy "'4
Other --
,0'5
Real Property Tax Service Agency Verification
Dist. Section B lock
Stamp 03036454 1000 11500 0800 003003
Date ~
Initials ~
8atisfhctions/~lscnarges/~,eleases t~t rmp~ty ~,wn~ tnam,% ,~ddres
RECORD & RETURN TO:
Lot
Suffolk Q
'Ihs page forms part of the attached
TO
Recording / Filing Stamps
e Amt.
I. Basic Tax
2. Additional 'Fax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. MT(]. TAX
Dual Town__ Dual County
Ileld for Apportionment ~
Transfer 'Fax .~
Maasion Tax
The property covereci~y~h~tgage i~-or
wild be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
~ of this instrumeut. .", ' 0 ~-~
Community Preservation Fund
Consideration Amount $
CPF Tax Due
$
hnproved
Vacant Land
'Fl)
TD
Title Company Information
Title~ ~ ~ ~ ~
Recordi & Endorsement Pa
(SPECIFY ~PE OF INSTRUME~' )
]he prenfises herein is situated in
SUFFOLK COUNt, NEW YO~
In theTo~Npof ~ ~. ~ ~ ,
In the VILLAGE
or ~E'I' of
BOXES 5
' ~DLRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PIL!OR TO RECORDING ()R FILING.
{OVERI
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this 25th day of August, 2003,
BETWEEN JOHN ELAK, residing at 20730 Main Road, Mattituck, New York, party
of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at 53095 Main Road (Route 25), Southold, Town of Southold,
County of Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of SIX
HUNDRED THIRTEEN THOUSAND FIVE HUNDRED FORTY-FIVE ($613,545.00)
DOLLARS, lawful money of the United States and other good and valuable
consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second part, its
successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the
permanent legal interest and right, as authorized by section 247 of the New York State
General Municipal Law, as amended, to permit, require or restrict the use of 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 right to prohibit or restrict the use of the
premises and any structures thereon for any purpose other than agricultural production, to
the property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at
Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
SEE RIDER ATTACHED
TOGETHER with the non-exclusive right, if any, of the party of the first part as
to the use for ingress and egress of any streets and roads abutting the above described
premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the party of
the first part in and to said premises, insofar as the rights granted hereunder are
concerned.
TO HAVE AND 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 party of the first part has not
done or suffered anything whereby the said premises have been encumbered in any way
whatever, except as aforesaid. The party of the first part, as a covenant running with the
land in perpetuity, further 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, to use the
premises on and at, er the date of this instrument solely for the purpose of agricultural
production. This covenant shall mn with the land in perpetuity.
AND The party of the first part, as a covenant running with the land in perpetuity,
further covenants and agrees for the party of the first part, and the heirs, legal
2
RIDER TO DEED OF DEVELOPMENT RIGHTS
DATED AUGUST 25, 2003
BETWEEN JOHN ELAK and TOWN OF SOUTHOLD
BEGINNING at a point on the southerly side of the Main Road at the nofi'heast
comer of the premises herein described; said point being 175 feet westerly as measured
along the said southerly side of the Main Road from the northweseterly comer of land of
Dickerson; said point also marking the northwest comer of lands of John and Anne Elak
as contained in deed Liber 7934 page 481; from said point ofbegirming;
RUNNING THENCE along said land of John and Anne Elak the following two
(2) courses and distances:
South 06 degrees 44 minutes 37 seconds East, 276.18 feet;
South 81 degrees 09 minutes 13 seconds East, 85.21 feet;
THENCE along land now or formerly of John and Anne Elak and along land now
or formerly of Frances J. Bogut and John F. Bogut and along lands now or formerly of
James F. Brash and Nancy J. Brash, Gerard Shaw and Susan Shaw and Anthony Lauro
and Patricia Lauro, South 02 degrees 18 minutes 57 seconds East, 1,759.54 feet to the
northerly side of New Suffolk Avenue;
THENCE northwesterly and westerly along New Suffolk Avenue the following
two (2) courses and distances:
North 65 degrees 10 minutes 37 seconds West, 75.12 feet;
South 83 degrees 11 minutes 30 seconds West, 593.63 feet to land now or
formerly of Alma T. Suter;
THENCE northwesterly along said land North 02 degrees 07 minutes 26 seconds
West, 1,721.34 feet to other land of John and Anne Elak;
THENCE along said land the following two (2) courses and distances:
North 83 degrees 22 minutes 44 seconds East, 125.00 feet;
North 02 degrees 07 minutes 26 seconds West, 275.00 feet to the southerly side of
Main Road (NYS Route 25);
THENCE easterly along said southerly side of Main Road (NYS Route 25) North
83 degrees 22 minutes 44 seconds East, 422.54 feet to the point or place of
BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the party of
the first part by deed from Magdalena Elak, dated March 28, 1979, and recorded in the
Suffolk County Clerk's office on April 4, 1979, in Liber 8606, at Page 19.
EXCEPTING THEREFROM THE FOLLOWING TWO (2) RESERVED AREAS:
Reserved Area #1:
ALL that certain plot, piece or parcel of land, situate, ly/ng and being at
Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded
and described as follows:
BEGINNING at a point on the southerly side of the Main Road at the northeast
comer of premises herein described; said point being 175 feet westerly as measured along
the said southerly side of the Main Road from the northwesterly comer of land of
Dickerson; said point also marking the northwest comer of lands of John and Anne Elak
as contained in deed Liber 7934 page 481; from said point of beginning
RUNNING THENCE along said land of John and Anne Elak the following two
(2) courses and distances:
South 06 degrees 44 minutes 37 seconds East, 276.18 feet;
North 81 degrees 09 minutes 13 seconds East, 85.21 feet;
THENCE South 02 degrees 18 minutes 57 seconds East, 25.17 feet;
THENCE South 81 degrees 09 minutes 13 seconds West, 108.28 feet;
THENCE North 06 degrees 44 minutes 37 seconds West, 302.17 feet to the
southerly side of Main Road (NYS Route 25);
THENCE along the southerly side of Main Road (NYS Route 25) North 83
degrees 22 minutes 44 seconds East, 25.00 feet to the point or place of BEGINNING.
Reserved Area #2:
ALL that certain plot, piece or parcel of land, situate, lying and being at
Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded
and described as follows:
BEGINNING at a point on the southerly side of the Main Road at the northeast
comer of the premises herein described; said point being 364.13 feet westerly as
measured along the said southerly side of the Main Road from the northwesterly comer
of land of Dickerson; from said point of beginning
RUNNING THENCE southerly along the arc of a curve bearing to the left
having a radius of 25.00 feet, a distance of 40.00 feet;
THENCE South 10 degrees 07 minutes 33 seconds East, 226.48 feet;
THENCE along the arc of a curve bearing to the left having a radius of 25.00
feet, a distance of 36.71 feet;
THENCE North 85 degrees 44 minutes 35 seconds East, 95.04 feet;
THENCE South 04 degrees 48 minutes 39 seconds East, 535.00 feet;
THENCE South 85 degrees 44 minutes 35 seconds West, 300.00 feet;
THENCE North 04 degrees 48 minutes 39 seconds West, 535.00 feet;
THENCE North 85 degrees 44 minutes 35 seconds East, 124.54 feet;
THENCE along the arc of a curve bearing to the left having a radius of 25.00
feet, a distance of 41.83 feet;
THENCE North 10 degrees 07 minutes 33 seconds West, 223.16 feet;
THENCE along the arc of a curve bearing to the left having a radius of 25.00
feet, a distance of 37.74 feet to the southerly side of Main Road (NYS Route 25);
THENCE along the southerly side of Main Road (NYS Route 25) North 83
degrees 22 minutes 44 seconds East, 80.15 feet to the point or place of BEGINNING.
representatives, successors and assigns of the party of the first part, that the parcels of
real property described herein are open lands actually used in bona fide agricultural
production as defined in GML section 247 and shall remain lands actually used in bona
fide agricultural product/on. This covenant shall nm with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with Section 13
of the Lien Law, as same applies with said conveyance.
The SELLER acknowledges that it/he/she has been informed that neither the
SELLER, nor his heirs, successors in interest, successors in title or assignees shall be
permitted to remove soil from the property to be covered by these development rights,
which shall not preclude minor soil disturbances resulting from normal plant, cultivation
and harvest operations in accordance with an applicable conservation plan. A purpose of
this acquisition is to protect topsoil by limiting non-agricultural production uses of the
land. The topsoil present on the premises consists of prime/unique/important soil. The
representation is intended to also serve as a covenant running forever with the land in
perpetuity.
THE party of the first part and the party of the second part do hereby covenant
and agree in perpetuity 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
tmderlying 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 Town or Real Property Law or any laws
replacing or in furtherance of them The underlying fee may be divided by conveyance of
3
parts thereof to heirs and next of kin, by will or by operation of law, or with the written
recordable consent of the Purchaser. This covenant shall run with the land in perpetuity.
If federal grants and/or funds are used and/or reimbursed to the Town for this acquisition,
the following sub-paragraphs shall apply and shall be covenants that shall run with the
land in perpetuity:
1) the underlying fee may not be divided by conveyance of parts thereof
to heirs and next of kin, by will or by operation of law, or with the written recordable
consent of the Town unless each of the parcels of the property created by the proposed
division or conveyance shall remain viable for agricultural production, either individually
or as part of an established farming operation.
2) the United States Secretary of Agriculture shall be notified prior to
such division or conveyance.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereo£
THE word "party" shall be construed as if it reads "parties" whenever the sense of
this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors and assigns
of the patty of the first part covenants and agrees that it will (a) not generate, store or
dispose of hazardous substances on the premises, nor allow others to do so except those
permitted in the course of agricultural production; (b) comply with all Federal, State and
local laws and regulations; allow party of the second part and its agents reasonable access
to the premises following Landowner Notification solely for purposes of ascertaining site
conditions and for inspection of the premises for compliance with this agreement. (c)
4
Where Federal grants and/or funds are used and/or reimbursed to the PURCHASER for
this acquisition, representatives of the United States Department of Agriculture shall also
have the right to enter the property following Landowner Notification solely for
monitoring conservation plan implementation. This covenant shall run with the land in
perpetuity.
THE party of the first part, its heirs, legal representatives, successors and assigns
of the party of the first part covenants and agrees that it shall indemnify and hold the
United States of America and the Town of Southold and any of its officers, agents,
employees, and, their respective successors and assigns, harmless from and against any
and all damages, claims, losses, liabilities and expenses, including, without limitation,
responsibility 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/deed; (2) the breach or non-performance of any
covenants required by this agreement/deed to be performed by the party of the first part,
either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or
proceeding seeking money damages, injunctive relief, remedial action, or other remedy
by reason ora 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 not permitted herein, noises or vibrations to the extent they arise
from the ownership, operation, and/or condition of the premises prior to or subsequent to
the execution of the deed of Development Rights; or (4) the acts or omissions or
negligence of the SELLER. This covenant shall run with the land in perpetuity.
The following representations and warranties shall be binding upon SELLER and
its successors and assigns, and shall haure to the benefit of PURCHASER ( and the
United States of America if Federal grants and/or funds are used and/or reimbursed to the
PURCHASER for this acquisition) and its successors and assigns. Seller agrees to
indemnify Purchaser ( and the United States of America if Federal grants and/or funds are
used and/or reimbursed to the PURCHASER for this acquisition) if the following
representations and warranties shall prove untrue:
a) The SELLER represents that the premises are agricultural land used for
bona fide agricultural production as defined herein. At no time, to the SELLER'S
knowledge, has the premises been used for the generation, storage, or disposal of
hazardous substances, or, as a landfill or other waste disposal site. There are not
now, nor have there ever been, underground storage tanks, to the SELLER'S
knowledge, on the premises.
b) The SELLER represents that there are no actions, suits, claims or
proceedings seeking money damages, injunctive relief, remedial action or any
other remedy pending or threatened relating to 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 the same arise from the condition of the premises
or SELLER'S ownership or use of the premises.
c) The SELLER represents that no consent or approval is needed from any
governmental agency for the transfer of the development rights from SELLER to
PURCHASER, and neither the execution of this agreement, nor the dosing of
title, will violate any Environmental Law.
The SELLER shall also indemnify the PURCHASER and United States of
America as to the following:
Violations of any laws and regulations which are now or which may in the
future become applicable and including, but not limited to the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., the Federal
Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq., the
Comprehensive Environmental Response, Compensation and Liability Act as
amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended,
15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenticide Act, as
amended, 7 U.S.C 136, et seq., and the Safe Drinking Water Act, as amended, 42
U.S.C. 300f, et seq. (2) judgments, claims, demands, penalties or fees assessed
against the United States; (3) costs, expenses and damages incurred by the United
States of America, or (4) the release or threatened release of any solid waste,
hazardous waste, hazardous substance, pollutant contaminant, oil in any form or
petroleum product into the environment. This covenant shall mn with the land in
perpetuity.
The (1) Title report, (2) Environmental Site Assessment and (3) Survey shall
constitute a Baseline Data Report, in order to evidence the present condition of the
premises (including both natural and manmade features) so as to facilitate future
monitoring and enforcement of the Development Rights. Copies of the listed documents
shall remain on file with the PURCHASER and shall be made available to the SELLER.
This covenant shall run with the land in perpetuity
Exploration for, or development and extraction of minerals and hydrocarbons
fi.om the premises by any means is prohibited. This covenant shall run with the land in
perpetuity.
Recreation consistent with the purposes of this easement, including protection
of soils, agricultural production and open space, is permissible. Recreational activities
that degrade or compact the soils or negatively impact the agricultural production or
7
preservation of open space are prohibited. This covenant shall run with the land in
perpetuity.
The following covenants shall mn with the land in perpetuity:
1) utilities- the installation of utilities on or across the conservation easement
shall be prohibited except the installation of utilities shall be permitted for the use and
enjoyment of the parcel only. Such utilities must be placed underground only and not
negatively impact or degrade the soils, agricultural production or open space of the
parcel.
2) renovation, maintenance and repairs of existing structures are not deemed
to be new construction and are permitted subject to the following: the renovation,
maintenance and repairs permitted may not enlarge or change the footprint or change the
primary purpose of the existing building to a non-agricultural production use.
3) new construction (including but not limited to paving and relocation of
existing structures), erection, installation or placement of structures on the premises
described herein is prohibited except that certain de minimus agricultural related
structure(s) are permitted upon approval of the Land Preservation Committee of the
Town of Southold based upon meeting the following criteria: the proposed de minimus
structure shall not have an adverse impact on prime soils, open space preservation of the
parcel in general, is necessary for agricultural production and is otherwise consistent with
the purposes of the conservation easement which purposes include protection of prime
and unique soils, protection of open lands used in bona fide agricultural production and
protection of open space.
Any amendments to this Deed, shall be in writing and executed in recordable
form by the SELLER and the PURCHASER. This covenant shall run with the land in
perpetuity.
THE following covenants shall run with the land in perpetuity and shall be
deemed applicable only if federal funds are in fact received by the PARTY OF THE
SECOND PART for the premises:
(i) Contingent Right in the United States of America:
In the event that the PARTY OF THE SECOND PART
fails to enforce any of the terms of this easement (or other
interests in land), as determined in the sole discretion of the
Secretary of the United States Department of Agriculture,
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 under
Federal or State law.
In the event that the PARTY OF THE SECOND PART
attempts to terminate, transfer, or otherwise divest itself of
any rights, title, or interests of this easement (or other
interests in land) or extinguish the conservation easement
(or other interests in land) without the prior consent of the
Secretary of the United States Depamnent of Agriculture
and payment of consideration to the United States of
America, then, at the option of such Secretary, all right,
title, and interest in this easement (or other interests in
land) shall become vested in the United States of America.
(ii)
Unless otherwise agreed to by the PARTY OF THE
SECOND PART, United States of America Commodity
Credit Corporation, the PARTY OF THE SECOND PART
shall hold title to any conservation easement or interest in
land. However, title may be held by the United States of
America at the request of the Secretary of Agriculture
upon mutual agreement of the PARTY OF THE SECOND
PART, United States of America Commodity Credit
Corporation.
(iii) Conservation Plan
All agricultural operations on the Property shall be
conducted in a manner consistent with a resource
management system (RMS) conservation plan prepared by
the U.S. Department of Agriculture. Natural Resources
Conservation Service mil/zing the standards and
specifications of the NRCS Field Office Technical Guide
and approved by the Suffolk County Soil and Water
Conservation District. All lands enrolled in the Farmland
Protection Program will be subject to the conservation
plan.
Grantor shall give Grantee copies of the Conservation Plan
upon request and advise Grantee of amendments thereto so
as to enable Grantee to keep its records current.
Should the property cease to be used for agricultural
purposes for more than three (3) years, the agricultural
fields will be mowed at least triennially or otherwise
maintained, by the Grantor, in a condition which will
prevent growth of woody vegetation that would interfere
with future agricultural use or which might result in
interference with drainage systems or in reversion of
significant portions of the property to regulated wetland
status. Similarly, during prolonged periods of disuse for
agricultural purposes, mtificial and natural drainage
systems must be maintained in a functional state by the
Grantor.
Conservation Compliance Provisions of the Conservation
Plan
The provisions of this section apply to the highly
erodible land ('HEL') conservation compliance
requirements of the Farmland Protection Program and are
not intended to affect any other natural resources
conservation requirements to which the Grantor may be or
become subject.
As required by section 12381 of the Food Security Act of
1985, as amended, the Grantor, his/her heirs, successors,
or assigns, shall conduct all agricultural operations on the
Protected Property in a manner consistent with a
conservation plan prepared in consultation with NRCS and
approved by the Suffolk County Soil and Water
Conservation District. This conservation plan shall be
developed using the standards and specifications of the
l0
NRCS Field Office Technical Guide (FOTG) and 7 CFR
Part 12 that are in effect on August 25, 2003. However, the
Grantor may develop and implement a conservation plan
that proposes a higher level of conservation and is
consistent with the NRCS Field Office Technical Guide
standards and specifications. NRCS shall have the right to
enter upon the Property, with advance notice to the
Grantor, in order to monitor compliance with the
conservation plan.
In the event of noncompliance with the conservation plan,
NRCS shall work with the Grantor to explore methods of
compliance and give the Grantor a reasonable amount of
time, not to exceed twelve months, to take corrective
action. If the Grantor does not comply with the
conservation plan, NRCS will inform Grantee of the
Grantor's noncompliance. The Grantee shall take all
reasonable steps (including efforts at securing voluntary
compliance and, if necessary, appropriate legal action) to
secure compliance with the conservation plan following
written notification from NRCS that (a) there is a
substantial, ongoing event or circumstance of non-
compliance with the conservation plan, (b) NRCS has
worked with the Grantor to correct such noncompliance,
and (c) Grantor has exhausted its appeal rights under
applicable NRCS regulations.
If the NRCS standards and specifications for highly
erodible land are revised after the date of this Grant based
on an Act of Congress, NRCS will work cooperatively
with the Grantor to develop and implement a revised
conservation plan. The provisions of this section apply to
the highly erodible land conservation requirements of the
Farmland Protection Program and are not intended to
affect an other natural resources conservation requirements
to which the Grantor may be or become subject.
(iv)
After the DEVELOPMENT RIGHTS have been acquired
by the PARTY OF THE SECOND PART, any
amendments to this Deed of Development Rights shall be
authorized in writing by the United States of America.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that
chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of
the Town Board aRer a public hearing and upon the approval of the electors of the Town
voting on a proposition submitted at a special or biennial town election. No subsequent
amendment of the provisions of 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 with the land in perpetuity.
THE following covenants shall run with the land in perpetuity and shall be
deemed applicable, only if United States funds are in fact received by the PARTY OF
THE SECOND PART for the premises:
1) if this deed of development rights is ever extinguished, for any
reason, then the Town and the United States and its agents are entitled
compensation in an amount equal to {07, ff % of the fair market value of the
property at the time of condemnation, this percentage represents the value, at the
time of purchase, of this deed of development rights in relation to fair market
value of the fee and shall remain constant. The Town of Southold and the United
States agree to share this compensation so as to reflect the ratio of dollars
contributed by each party to the acquisition of the conservation easement. The
contribution of the united states and town to the purchase of this conservation
easement/development rights deed is as follows: ~/~.% andSl~-~[% respectively.
The following covenants shall run with the land in perpetuity:
Interpretation. "where state or local law is cited and incorporated by
reference in this deed, such law shall be read into the document as if set forth in
the deed itself and shall constitute a term thereof the version of the state or local
law in effect at the time of deed recordation shall govern the interpretation of
those incorporated terms, consequently, subsequent amendment or repeal of any
incorporated law will have no effect on the interpretation of this deed."
1N WITNESS WHEREOF, the patty of the first part has duly executed this
deed the day and year first written above.
Seller:
John Elak
Purchaser:
Town of Southold
/~t;shua ~. l~rton, Supervisor
The Natural Resources Conservation Service, an agency of the United States
Government, hereby accepts and approves the foregoing development rights/conservation
easement deed, and the rights conveyed therein, on behalf of the United States of
America.
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On
day of,x~ t.~.~tJ 57&, 2003, before me personally appeared JOHN ELAK,
personally known to me or q~rovided to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me
13
that he executed the same and that by his signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument.
Nc~tm/w6ub[i~/ ABIGAIL A. WICKHAM
Notary Public, State of New York
No. 52-4642871
Qualified in Suffolk County
Commission Expires Sept. 30,~__.~
STATE OF NEW YORK )
)ss:
COUNTY OF SUFFOLK )
On theAday of AUC4~ , 2003, before me personally appeared JOSHUA Y.
HORTON, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity as Supervisor of the
TOWN OF SOUTHOLD, and that by his signature on the instrumem, the individual, or
the municipal corporation upon behalf of which the individual acted, executed the
instrument.
Notary Public
MARY KOLAKOWSKI
Notary Pubfic, State of NY
No. 0t K0487006 Suffolk C~.
Corem Expires Seot 2, 2006
STATE OF NEW YORK )
)ss:
COUNTY Or mea, 3to )
CA S S ~O~y ~;~ IHEN sd;~q°, f ~'~U~oTal~l' 2~n0o3~v nbetfo°:me persOnally appeared MARILYN
, P y e or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity as a
Representative of the NATURAL RESOURCES CONSERVATION SERVICE, and that
by her signature on the instrumem, the individual, or the organization upon behalf which
the individual acted, executed the instrument.
Notary Public
~AURED IN WA~IR~I'ON COUNW
14
ALTA OWNER'S POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS EROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York 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. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
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 title, as insured, but only to the
extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized
officers as of the Date of Policy shown in Schedule A.
STEWART TITLE®
Secretary
EXCLUSIONS FROM COVERAGE
Tofh:e following matters ore expressly excluded from the coverage of this policy aad the Company wirJ not pay loss or damage, casts, attorneys' fees or expenses which alisa by reason
1. (a) Any law, ordinance or governmental regulation (indudiog hat not limited to building and zoeing awe, ordinances or regulations) restricting, regulating, prohibiting al
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of aey improvement now al hereafter erected on the land; (iii) a separation in
ownership or a change ie the dimensions or area of the land or any parcel of which the lend is or was a part; or (iv) environmen a plotedion, or the effect of any violation of these
laws, ordinances or governmen a egulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, liee al encumbrance resulting from u violation or
alleged violation affecting the land has been recorded in the puSlic iecords at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exeldse thereof or a notice of o defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded ia the public records ut Dote of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding fram 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, riens, encumbrances, odvelse claims or other matiels:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wilting to the Company by the
insured claimant prior to the date the insured claimant became an insured undo his policy;
(c) leeulDng in no loss or damage to the iasu ed c o merit;
(d) attachiug or created subsequent to Date of Policy; or
(e) resulting ie loss or damage which would not have been sustained if the insured claimant had paid value [al the estate al interest iosured by this policy.
4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insuled by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditucs' rights laws, that is based on:
(a) the tlansaction creating the estate or interest insured by this policy being deemed o fraudulent conveyance or fraudulent transfer; or
(b) the trunsodion creating the estate or intelest insured by this policy being deemed a preferential tranCer except where the preferential transfer resulJ~ from the failure:
(i) to timely record the instlumen of transfer; or
(ii) of such recordation to impart notke to o purchaser for value or a iudgment or lien creditol.
0-8831- 277459
NY-001 (10-17 92)
Stewart Title 812512003 3:2,3 PiAGE 213 RightFax
ALTA OW'NERIS POLICY
SCHEDULE A
TitleNo.: 23 · ~ ~
. -S-.309
Date of Policy: 8/25/03
Policy No.: O--883 l-- 277459
Amount of Insurance: S613,545 00
1. Name of Insured:
Town of Southold
County: Suflblk
2. The estate or interest in the land described herein and which is covered by this policy is:
Developmca~t Rights
3. Title to the estate or interest in the land is vested in:
Toxnm of Southold, who acquired title by virtue of a deed from John EPak, by deed dated and recorded in
the Suffolk County Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereo£
District: 1000
Section: 115.00
Block: 08.00
Lot: 003.003
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
ALTA OWNER'S POLICY
SCHEDULE B
Title No.: 23-S-2309 PolicyNo.: 0--8831--
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees
or expenses) which arise by reason of:
I. Rights of tenant(s) or person(s) in possession, if any.
2. Subject to water charges, if any.
3. Commitment o£Land to Continued Agricultural Production Agreements recorded in Liber 8243 page 576,
Liber 8435 page 112 and Liber 8633 page 91.
4613 (2/93
Page 3
STEWART TITLE
INSURANCE COIqPANY
Stewart Title Insurance Company
Title No: 23-S-2309
Policy No.: 0--8831--277459
Schedule A Description
AMENDED 8/I 9/2003
ALL that certain plot, piece or parcel of land ~vith the buildings and improvements
thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of the Main Road at the northeast comer of
the premises herein described; said point being 175 feet westerly as measured along the said
southerly side of the Main Road from the northwesterly corner of land of Dickerson; said point
also marking the northwest corner of lands of John and Anne Elak as contained in deed Liber
7934 page 481; from said point of beginning
RUNNING THENCE along said land of John and Anne Elak the following two (2)
courses and distances:
South 06 degrees 44 minutes 37 seconds East, 276.18 feet;
North 81 degrees 09 minutes 13 seconds East, 85.21 feet;
THENCE along land now or formerly of John and Anne Elak and along land now or
formerly of Frances J. Bogut and John F. Bogut and along lands now or formerly of James F.
Brash and Nancy J. Brash, Gerard Shaw and Susan Shaw and Anthony Lauro and Patricia Lauro,
South 02 degrees 18 minutes 57 seconds East, 1,759.54 feet to the northerly side of New Suffolk
Avenue;
THENCE northwesterly and westerly along New Suflblk Avenue the following two (2)
courses and distances:
North 65 degrees 10 minutes 37 seconds West, 75.12 feet;
South 83 degrees 11 minutes 30 seconds West, 593.63 feet to land now or formerly of Alma T.
Surer;
THENCE northwesterly along said land North 02 degrees 07 minutes 26 seconds West,
1,721.34 feet to other land of John and Anne Elak;
THENCE along said land the following two (2) courses and distances:
North 83 degrees 22 minutes 44 seconds East, 125.00 feet;
North 02 degrees 07 minutes 26 seconds West, 275.00 feet to the southerly side of Main Road
(NYS Route 25);
THENCE easterly along said southerly side of Main Road (NYS Route 25) North 83
degrees 22 minutes 44 seconds East, 422.54 feet to the point or place of BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING TWO (2) RESERVED AREAS:
Reserved Area #1:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town
of Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of the Main Road at the northeast corner of
the promises herein described; said point being 175 feet westerly as measured along the said
southerly side of the Main Road from the northwesterly comer of land of Dickerson; said point
also marking the northwest corner of lands of John and Anne Elak as contained in deed Liber
7934 page 481; from said point of beginning
RUNNING THENCE along said land of John and Anne Elak the following two (2)
courses and distances:
South 06 degrees 44 minutes 37 seconds East, 276.18 feet;
North 81 degrees 09 minutes 13 seconds East, 85.21 feet;
THENCE South 02 degrees 18 minutes 57 seconds East, 25.17 feet;
THENCE South 81 degrees 09 minutes 13 seconds West, 108.28 feet;
THENCE North 06 degrees 44 minutes 37 seconds West, 302.17 feet to the southerly
side of Main Road (NYS Route 25);
THENCE along the southerly side of Main Road (NYS Route 25) North 83 degrees 22
minutes 44 seconds East, 25.00 feet to the point or place of BEGINNING.
Reserved Area #2:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town
of Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of the Main Road at the northeast corner of
the premises herein described; said point being 364.13 feet westerly as measured along the said
southerly side of the Main Road from the northwesterly corner of land of Dickerson; from said
point of beginning
RUNNING THENCE southerly along the arc of a curve bearing to the left having a
radius of 25.00 feet, a distance of 40.00 feet;
THENCE South 10 degrees 07 minutes 33 seconds East, 226.48 feet;
THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a
distance of 36.71 feet;
THENCE North 85 degrees 44 minutes 35 seconds East, 95.04 feet;
THENCE South 04 degrees 48 minutes 39 seconds East, 535.00 feet;
THENCE South 85 degrees 44 minutes 35 seconds West, 300.00 feet;
THENCE North 04 degrees 48 minutes 39 seconds West, 535.00 feet;
THENCE North 85 degrees 44 minutes 35 seconds East, 124.54 feet;
THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a
distance of 41.83 feet;
THENCE North 10 degrees 07 minutes 33 seconds West, 223.16 feet;
THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a
distance of 37.74 feet to the southerly side o£Main Road (NYS Route 25);
THENCE along the southerly side of Main Road (NYS Route 25) North 83 degrees 22
minutes 44 seconds East, 80.15 feet to the point or place of BEGINNING.
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
Title No.: 23-S-2309
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
ATTACHED TO AND MADE A PART OF POLICY NUMBER O~-883 l--
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which
may hereatter 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 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 signed below by a validating signatory, is made a part of the policy and is subject to the Exclusions from
Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof.
Signed on 8/25/03
STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company
Signed by:
Authorized Office or Agefit
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melville, New York 11747
Agent No.: 327005
~S~cretar~y ~
S FANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH ALTA OWNER'S POLICY (I0/17/92)
NY-1002
CLOSING STATEMENT
JOHN ELAK to TOWN OF SOUTHOLD
Development Rights Easement
SCTM #1000-115-8-3.3
24.5418 acres @ $25,000/acre
sis Main Rd & n/s New Suffolk Ave, Cutchogue
Purchase Price:
Payable to John Elak. $306,773.00
Check #072947
Payable to John Elak - $306,772.00
Check #072948
$ 6'13,545.00
Expenses of Closing:
Appraisal
Payable to Patrick A. Given
Check #60570
$ 1,900.00
Survey
Payable to John C. Ehlers Land Surveyor
Check #70585
$ 4,000.00
Environmental Report
Payable to Nelson, Pope & Voorhis
Check #73211
$ 1,500.00
Title Report
Payable to Stewart Title Insurance Company
Check #073'127
Title policy $ 297'1.00
Deed recording $ 160.00
Certified Deed $ 75.00
$ 3,206.00
Title Closer
Payable to Mary Kolakowski
Check #073126
50.00
Closing held on Monday, August 25, 2003, at 2:00 p.m.
Southold Town Hall, 53095 Route 25, Southold, New York
Those present at Closing:
Joshua Y. Horton
Gregory F. Yakaboski, Esq.
Lisa Clare Kombrink, Esq.
John Elak
Anne Elak
Abigail A. Wickham, Esq.
Mary Kolakowski
Melissa Spiro
Tim Caufield
Perry Youmans, Esq.
John Sepenoski
Southold Town Supervisor
Attorney for Town of Southold
Special Counsel for Town
Seller
Seller's spouse
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Peconic Land Trust
Atty for Peconic Land Trust
Land Preservation Committee