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HomeMy WebLinkAboutJenkins, Robert & JoanGREGORY F. YAKABOSRI TOWN ATTORNEY MARY C. %VILSON ASSIST.ANT TO~VN ATTORNEY JEAN W. COCI-LFLiN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 766-1889 Fax (631) 765-1823 E -rnaih townatt orney(~sout hold.org OFFICE OF THE TOWN ATTORNEY TO%VN OF SOUTHOLD To: From: Date: Re: Supervisor Cochran Town Board Land Preservation Committee Gregory F. Yakaboski, Esq. Town Attorney February 22, 2001 JENKINS to TOWN OF SOUTHOLD Purchase of Development Rights Easement Please be advised that the closing in regard to the above matter has been confirmed for Friday, February 23.2001, at 2:00 p.m., in the conference room at the Town Hall. /md S:~Attorney\GREG\MELANIE~GREG\memo. DOC GREGORY F. YAKABOSKI TOWN Aq~lND P~]EY MARY C. WILSON ASSISTANT TOWN ATTORNEY J~AN V~. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-rnail: townattorney@southold.or g OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD November 14, 2000 Paul A. Caminifi, Esq. Caminifi & Gibbons, L.L.P. 54075 Main Road P.O. Box 846 Southold, NY 11971-0846 Re: JENKINS to TOWN OF SOUTHOLD SCTM # 1000-102-2-2.3 Dear Mr. Caminiti: Enclosed you will find a fully executed copy of the Development Rights Purchase Agreement in regard to the above matter. For your information, an environmental assessment report was ordered from Nelson, Pope & Voorhis, LLC on November 9~h. A title report (RH80003260) was also ordered that same date from Commonwealth Land Title Insurance Company. When completed, a copy should be forwarded by them directly to your office. /md enc. cc: Melissa Spiro, Land Preservation Coordinator Land Preservation Committee Southold Town Board PUBLIC HEARING OCTOBER 10, 2000 8:02 P.M. ON THE QUESTION OF THE PURCHASE OF A DEVELOPMENT RIGHTS EASEIvlENT ON A CERTAIN P,~RCEL OF PROPERTY FROM ROBERT ,M',,rD JO,Mxl JENKINS )SCTM #1000-102-2- 2.3), COMPRISING APPROXIMATELY 17.1 ACRES. SupeD'isor Jean W_ Cochran Justice Louisa P. Evans Councilman Will/mn D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. YakabosM SUPERVISOR COCHR_AN: We will go to the second public hearing in relation to development rights easement, Robert and Joan Jenkins. Bill? COUNC[LI~iAN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 25, Agricultural Lands Preservation anct/or Chapter 6 (2% Community Preservation Fund), of the Code of the Tox~m of Southold, the Town Board of the Town of Southold will hold a public hearing at 8:02 p.m., Tuesday, October 10, 2000, on the question of the acquisition by the Toxwn of Southold of development rights in agricultural lands of the property of Robert & Joan Jenkins, comprising approximately i7.1 acres, located on the east side of Depot Lane, Cuchogue, New York, identified as SCTM #1000-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Development Rights to be purchased outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 70% of the total cost of acquisition. Further Notice is hereby gtven that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, Next' York, and may be examined by any interested person during business hours. Dated: September 25, 2000. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." 1 have proof that this notice was published in The Suffolk Times, posted on the Tox~m Clerk's Bulletin Board. We have a Short Environmental Assessment Form in the file as well. There is no correspondence. SUPERVISOR COCHRAN: Thank you, Councilman Moore. You have heard the reading in relation to the purchase of development rights easement on a parcel from Robert and Joan Jenkins comprising 17.1 acres. Do you have it there, 1Melissa? Can you show us where it is? COUNCILMAN MURPHY: Almost right next to Lady of Ostrabrama Church, south of the church. COUNCILMAN MOORE: It is on the pipeline, Route 48, north of Doroski's. SUPERVISOR COCHRAN: Okay, anyone like to address the Town Board in relation to this purchase of development right easement? DICK RYAN: Once more we have a map here. The subject farm parcel is approximately 18.6 acres in size. It has frontage on the east side of Depot Lane. It is adjacent to lands of the Roman Catholic Church and the Sacred Heart Cemetery. The farm is zoned Agricultural-Conservation, which permits single family residential development on two-acre lots, but also intends to control development of open lands that agriculturally productive. The Haven Loam Soil classification of this farm reflects its high agricultural productivity. Most of the parcels is currently in production used for horticultural products. The owner proposes to reserve about any acre and a half of the northwestern most area from the proposed development rights easement for residential uses. The farm parcel represents a link in a chain of agricultural lands extending eastward to Cox's Lane that the Town and the Suffolk County Farmland Preservation Programs have identified for possible purchase and preservation. This property is presently a participant parcel in the Suffolk County Agricultural District Program, which assures agricultural use for a period of years in exchange for a reduction in real estate taxes. The preservation of this farm parcel will serve to enhance the efforts that consolidating large blocks of important productive agricultural lands in the Town. The Town is in contract for development rights easement over fifty-five acres east of this farm. The Land Preservation Committee is currently in negotiations for the purchase of any additional forty acres in between. The Jenkins development rights purchase will assure a significant agricultural open space vista along the easterly side of Depot Lane. The Southold Town Planning Board has been consulted and expressed no reservation to the proposed purchase. The negotiated purchase price is $12,000.00 an acre for the approximate 17.1 acres of development fights. The market value of this proposed purchase reflects in part the development potential and location of this property. (tape change) The farm parcel is identified in the Town's 75% funding application presently before the New York State Department of Agriculture and Markets. The parcel is identified for preservation on the Town Community Preservation Project Plan. The Land Preservation Committee members are unanimous in recommending this development rights purchase. The purchase will most certainly preserve and continue a rural character element of Depot Lane in the hamlet of Cutchogne, specifically in the town in general. On behalf of the Land Preservation Committee I urge the Town to accept the offer of development rights to approximately 17.1 acres of this farm subject to the receipt of an approved survey, and to resolve to purchase the same pursuant to the provisions given in Chapter 6 Community Preservation Fund, or Chapter 25 the Agricultural Land Preservation Section of the Town Code, and further to resolve that the purchase transaction may be accomplished under the auspices of the Suffolk County Greenways Program-or the 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 coordinated of the Town Attorney and the Land Preservation Coordinator. Thank you. SUPERVISOR COCHRAN: Thank you. Anyone like to address the Town Board in relation to this purchase? (No response.) I will close the heating. Southold To~m Clerk ELIZABETH A. NEVILLE TO~N CLERK REGISTR-M~. OF VIT.~J~ STATISTICS IL4~RL&GE OFFICER RECORDS BLkNAGE~,[ENT OFFICER FREEDOlX, I OF INFOB. SL*TION OFFICER Town Hall, 53095 2.Ialn 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 October 11, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert & Joan Jenkins Post Office Box 301 Cutchogue, New York 11935 Dear Mr. & Mrs. Jenkins: 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 SCTM #1000-102.00-02.00-002.003. 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 required to bring this to a conclusion. , _.= SENDER: ~ ~W~rite~'ReturnRacziptRaguesred, on he mail-ieee b~, ....... , 2. ~ RestrJ~ed DelJve~ ~ .... Jg=n JenKir,~ ~ype ~ ~, · o P'O ~ox 3)1 Cutchogue~ N~ 11935 0 Regrstered~ ~Ce~Jfied ~ " ~% I. Addres - ~ ~ "PS F0rm 3811, December 1994 Yours very truly, ~rk ELIZABETH A. NEVILLE TOWN CLERK REGISTt~kR OF VIT.AL STATISTICS M-&RRL~GE OFFICER RECORDS 3,LkNAGEi~ENT OFFICER FREEDOM OF INFOB3/IATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (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 THE REGULA_R MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10, 2000: \VHEREAS, the Town Board of the Town of Southold wishes to purchase the development fights in the agricultural lands of a certain parcel of property of Robert & Joan Jenkins, comprising approxinmtely 17.1 acres, located on the east side of Depot Lane, Cutchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre pursuant to the provisions of Chapter 25, Agricultural Lands Presen~afion and/or Chapter 6 (2% Community Preservation Fmxd) of the Code of the Town of Southold, Said Developments Rights to be purchased either outright by the Toxvn of Southold, or acquired tinder the Suffolk County Preservation Pannership Pro,'am xvhereby Suffolk County may appropriate an amount equal to 50°/6 of the total cost of acquisition; or under the Suffolk Count3' Greenways Pro,am xvhereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. RESOLVED by the Tox~m Board that this action is classified as an Unlisted Action pttrsuant to the SEQRA rules and regulations, m 6 NYCRR 617 et seq.; RESOLVED that the Town is the Lead Agency; RESOLVED that the Short Enviromnental Assessment Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the, Toxxm Board detemxines that there will be no significant adverse impact on the environment and declares a negative declaration for this action. Sonthold Town Clerk October 10, 2000 ELIZABETH A. NEVILLE TOWN CLERK REGIS'I'R_~kR OF VIT.kL STATISTICS ]~LMRRIAGE OFFICER RECORDS lkL~XIAGE~IENT OFFICER FREEDO~I OF INFORM~kTION OFFICER Toxvn H~ll, 53095 Mein 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 FOLLOWING RESOLUTION WAS ADOPTED AT THE REGUL.~R I~IEETING 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 fights of a certain parcel of property of agricultural lands owned by Robert & Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cutchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre pursuant to the provisions of Chapter 25- Agricultnral Lands Preservation and/or Chapter 6 (2% Connnunity Preservation Fund); and be it FURTHER RESOLVED that the parcel is be purchased either outright by the Town of Southold, or acquired under the Suffolk CouRty Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% 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. A ~eville Southold Town Clerk October 10, 2000 PUBLIC HEARING OCTOBER 10, 2000 8:02 P.M. ON THE QUESTION OF TIIE, PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON A CERTAIN PARCEL OF PROPERTt'""' 'FROM ROBERT 'AND JOAN JENKINS )SCTM #1000-102-2- 2.3), COMPRISING APPROX]2kL~TELY 17.1 ACRES. Snpervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman Johi~ M_ Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Totem Attorney Gregory A Yakaboski SUPERVISOR COCHRAN: We will go to the second public hearing in relation to development rights easement Robert and Joan Jenkins. Bill? COUNCIl_IV[AN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 25, A=mdcultnral Lands Presetx'ation an&'or Chapter 6 (2% Community Preservation Fund), of the Code of the Town of Southold, the Toxsm Board of the Toxin of Southold will hold a public hearing at 8:02 p.m., Tuesday, October 10, 2000, on the question of the acquisition by the Toxxm of Southold of development fights in agxicultural lands of the property of Robert & Joan Jenk'ms, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cuchog-ue, New York, identified as SCTM #1000-102.00-02.00-002.003 at the pr/ce of $12,000.00 per acre. Said Development Rights to be purchased outright by the Town of Southold, or acquked under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an ammmt equal to 70% of the total cost of acquisition. Further Notice is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 25, 2000. By Order of the Southold Town Board. Elizabeth A. Nexdlle, Southold Tox~m Clerk." I have proof that this notice was published in The Suffolk Times, posted on the Town Clerk's Bulletin Beard. We have a Short Envirorm~ental Assessment Form in the file as well. There is no con'espondence. SUPERVISOR COCHRAN: Thank you, Cotmcilman Moore. You have heard the reading in relation to the purchase of development rights easement on a parcel fi:om Robert and Joan Jenkins comprising 17.1 acres. Do you have it there, Melissa? Can you show us where it is? COIaEXICILb'[AN MURPI-IY: Almost ri~tt next to Lady of Ostrabrama Church, south of the church. SUPERVISOR COCHICaZq: I think they are great. It is worth a thousand words. DICK RYAN: These maps are done by your professional staff. John Sep and Melissa are the biggest mapmakers in town these days. SUPERVISOR COCHIL&N: Yes, they are. Galileo, was he the one that d. rew the maps years ago? He would have it right here in Southold around the world. DICK RYAN: This subject property of approximately 27 acres in size is owned by Mr. and Mrs_ '.Arnold Neuer and Mr. aud Mrs. Robert Sutermeister since 1977. It is located on the west shore of .~'shamomaque Pond and on the north side of the Long Island Railroad. The property is accessed by a right of way extending southerly over the Long Island Railroad to the Main Road. The parcel is zoned Residential Low Density, which is R80, which permits single residential development on txvo acres plots, but also intends to control and prevent development of open lands. The property is also subject to the LII~A electric transmission lines that generally parallels the Long Island Railroad at tiffs location_ The parcel is comprised of heavily wooded up lands with some freshwater and tidal wetlands. The parcel affords mag-nificent views of the preserv'e wetlands and a~m-iculruraI lands to the east across Arshamomaque Pond. The pond frontage offers oppormulfies for direct access for it's tidal waters leading to Mill Creek and Southold Bay. The purchase of this undeveloped parcel will serve to perpetually preserve important open space view shed lands on Arshamomaque Pond, as well as to provide the opportunity for public enjo3m~ent of tlie quiet solitude £om~d in the existing natural emrironment of the properVs,. The Southold Toxx'n Plamting Board has been consulted and expressed no resen~ation to the proposed purctmse. The negotiated purchase price if $400,000.00 for all of the rights and interests in the entire parcel. The price of this proposed purchase reffects in part the cooperation of the owners, as well as the limited development potential, and remoteness of the location of the property. The proposed purchase is supported by a July 2000 appraisal independently prepared by R. J. Metusa and Associates of St. James. A survey of the parcel is to be accomplished. The survey and the purchase agreement should be subject to adoption by the Land Preservation Committee prior to any completion of this purchase should the Town Board so resolve. Because of it's woodlands, wetlands, shorelands, sea views, and potennal for outdoor recreational opportunities this property has a high eli~bility for preservation. The parcel is identified for preservation on tl~e Town's Community Preservation Propjet l~ian. The purchase xvill most certaiuly preserve and continue an open space character of Arshamomaque Pond, specifically in the tox~'n in general. On behalf of the Land Preservation Committee I urge the Town Board to accept tlie offer of the purchase of the entire parcel for the sum of 5400,000.00 subject to the receipt of a approved survey, and to resolved to purchase the same pursuant ~o either the provisions of Chapter 6 or Chapter 59, the Open Space Preservation Section of the Toxxm Code, and further to resolve that the purchase transaction may be accomplished under the auspices of either the Suftblk County Greenways Program, or the Suffolk County Prese~,ation Partnership Program, or an3r other program of public open space funding as deemed appropriate by the Supervisor, and further to resolve that the purchase transaction is to be accomplished by the joint coordinated efforts o£the Toxwn Attorney and the Town Land Preservation Coordinator. That~ yon. SUPERVISOR COCFFP,-&N: Is there anyone that would like to address the Town Board in relation to this purchase? Miss Spiro, I ththk it is interesting. Would you explain what some of these colors are to those that are wamhing, mad exactly where this is? This is down as you go over the bridge. MELISSA SPIRO: When you go over the bridge you can see the Long Island Railroad crossing. SUPERVISOR COCI-1tL'~N: You look at the land back of the wooded area. MELISSA SPIRO: Ymt can also see the property from Bayview Road. This darker green here is Land Trust property, and the other green is current development fio~ts. (unintelligible) SUPERVISOR COCI-15L~'q: It is a beautiful piece. It is helpful for people to put the location into prospective, and yet see how mm~y different ways that the Town is usxng to try and preserve throu~fa any method that xve cm~. Anyone else Yflce to address the Town Board in relation to this purchase? (No response.) I will close the hearing. Southold Tox~m Clerk Robert and Joan Jenkins - Development Rights Purchase. SCTM #1000-102-02-002.3 My name is Dick Ryan. I serve as your Chairman of the Southold Town Land Preservation Committee. I have a map here, produced by town-staff, which outlines the subject parcel under consideration, located in the Hamlet of Cutchogue. The subject farm parcel, is approximately 18.6 acres in size It has frontage onthe East side of Depot Lane. It is adjacent to lands of the Roman Catholic Church and the Sacred Heart Cemetery. The farm is zoned Agricultural-Conservation, wt-dch permits single family residential development on 2-acre plots, but wttich also intends to control development of open lands that are agriculturally productive. The Haven Loam soil classifications of this farm reflect its high agricultural productivity. Most of the parcel is currently in production use for horticultural products. The owner proposes to reserve about 4 acres of the northwestern-most area, fi-om the proposed Development Rights easement, for residential uses. This farm parcel represents a link in a chain of agricukural land parcels extending eastward to Cox's Lane that the Town and Suffolk County Farmland Preservation Programs have identified for possible purchase and preservation. Thi~ property is presently a participant-parcel in the Suffolk County Agricultural District #1, which assures agricultural use for a period of years, in exchange for a reduction in real property taxes. The preservation of this farmland parcel wSli serve to enhance efforts at consolidating large blocks of important productive agricultural lands in the Town. The Town is in contract for a Development Rights easement on over 55 acres east of this £ann parcel. The Land Preservation Committee is currently in negotiations for the purchase of an additional 40*_ acres in between. The Jenkins Development Rights purchase will assure a significant agricultural open space vista along the easterly side of the Depot Lane. The Southold Towm Planning Board has been consulted and expressed no reservation to the proposed purchase. The negotiated purchase price is $12,000/acre, for the approximate 14.6 acres of Development Rights, totaling approximately $175,000. The market value of this proposed purchase reflects in part, the development potential and location of this property. The value of the proposed purchase is supported by an August, 2000 appraisal independently prepared by Gtven Associates of Hanppauge. A survey of the parcel is to be accomplished. The survey and purchase agreement should be subject to adoption by the Land Preservation Comrrdttee, prior to any completion of this purchase, should the Town Board so RESOLVE presently before the NYS Department of Agriculture and Markets ~-~ .... Because of its agricultural value, its location on Depot Lane, and its proximity to/~th'~r existing productive farmlands, this property has a high eligibility for preservatior~. The Land Preservation Committee members are unanimous in recommending this Development Right purchase. The purchase will most-certainly preserve and continue a rural character-element of Depot Lane in the Hamlet of Cutchogue, 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 (subject to receipt of an approved survey). And to RESOLVE to purchase the same pursuant to the provisions of either Chapter 6 (Communit~ 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 Land Preservation Coordinator. Thank you October 2000 rcr · ~ '-tt~A'i~ NOTIC~C-~-'-'"'~ NOTICE OF ' PUBLIC ITE'ARING - NO~CE IS H~EBY G~N that pursuant to the'--~-:-- Chapter 25, A~cultural ~nds Pres- e~ion au~or Chapter 6 (~% ~m- ~ae of the To~ of' Southold, [he Town Board of ~e Town of Southold. wi~ hold a Pubic he'ring at 8:02 p.m Tuesdag Octofier I0,, 2~. on th~ question of t~ acquisihon, by ,the Town of S~thold. of development fi~ts~ a~icult~ l~ds of the ro erg'' Sf Robe~ & Joan Jenki~ pr~smg approximately 17.1 acres, located on the east side of Depot Lane. ~tcho~e, New York, identi- . fled as S'~I~ 1~-102.~-02.~.~3 at the price of $12.~ per acre. ' Said'dexelopment righm'~o be p~. chased 'outright by the Town of Southold, or acquired under-the Suffo~ CounD, Preservation Pa~ers~p Progrm-wh'ereby Suffo~ CBun~, my appropriate an mount ~ual to 50% ~of'lhe total ~st of acquisition: or under the Suffolk Count), Greeaways Pro,am Whereby Su~b~ County 'may'appropriate an amount up to 70% of the tot~ cost~f acq~sifion, FURT~R NOT,ICE '}s hereby Wen t~,a more detailed des~pfion ? the above-mentioned p~cel of land ~s on ~e,,~ the Somhold TOwn Clerk~ Office, Southold Town Hall, 53095 Ma~ Road, Southold. New York. may be exff~ed by ~v interested person dung bus'~ess h~urs. Dated: September 25, 2~. BY ORDER OF ~caUe,l U A. NEV~LE SOU~OLD T,O~ CLERK 1565-1 TO5 - , r STATE OF NEWYORK) )SS: C(:~IJNTy QF SUFFOLK) ~ ~"~cL/1,.~ {,~[J[_CTj~,~_F--)[~I~ of Mattituck, in said county, bein~ 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 NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for \ week.s successively, commencing on the ,~)~"' day of (~X~ 2000 c/ Prinl/ipal Clerk Sworn to befo~r.re n3e this (0 day of ;[ )(_~/D~ 20_.1~ CHRISTINA T. WEBER N01ay Publb, 8late o! New No. 01WE6034554 Oua~f~ ~ S~o~ County ~tW~J Commission Expires December 13,~ 1 i Sta. te ~vironment'"J, Qua|i[y Review SHe RT ENVTRO NM ENTAL ASSESSMENT FQ RM F~r UN~ A~CN~ Qnly ~ART [--PRGJE~T [NFORMA~ON ~o ~e ~m~tet~ by Ap¢icant or ~mject ~ No It Ne, :escmbe ~ietty If the action is in the Coastal Area, and you ar~ a state agency, csmp[ete the Caastai Assessment F~rm before ~rec~eding with this assessment OVER PART II-- ENVIRON M ENTA~,,~SSE~SM ENT PART !II--.~ET~RM[NAT'.,CN CF SIGNIFICANCE (Ta ce c:mm~e~ec[ cy Agency) LEGAL NOTICE NOTICE OF PUBLIC HEARING 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 Southold, the Town Board of the Town of 5outhold will hold a public hearing at 8:02 p.m,, Tuesday, October 10, 2000, on the.question of the acquisition by the Town of Southold of development rights in agricultural lands of the property of Robert & Joan Jenkins, comprising approximately 17.1 acres, located on th~ east side of Depot Lane, Cutchogue, New York, identified as SCTM# .J000-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Southold, Development Rights to be purchased outright by the Town of or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% 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. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, $outhold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 25, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK LEASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT (~F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO OX 1179, SOUTHOLD, NY 11971. opies to the following: The Suffolk Times Town Board Members Land Preservation Committee Robert F~ Joan Jenklns Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the To;~m of Southold, New York being duly sworn, says that on the 3ra day of OCTOBER ,2000, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substmltial rammer, in a most public place in the Toxxm of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING Acquisition of Development Pdghts of SCTM # 1000-102.00-02.00-002.003 F-2glizabeth A. Nevil~ Southold Town Clerk Sworn before me this 3''c'[, dayof_ (~or'- , 2000. ELIZABETH A. NEVILLE TOWN CLERK REGIST~L, kI:( OF \rIT:kL STATISTICS 5,L~RRIAGE OFFICER RECORDS MAI',L~.GE~IENT OFFICER FREEDOM OF INFOPAIATION OFFICER To~'n Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (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 8:02 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 Robert and Joan Jenkins 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#1000-102-2-2.3, comprising approximately 17.1+- acres of the 18.6 acre farm at a price of $12,000.00 (twelve thousand dollars) per acre. Said property 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 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. Southold Town Clerk September 26, 2000 LEGAL NOTICE NOTICE OF PUBLIC HEARING 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 Southo[d, the Town Board of the Town of 5outhold will hold a public hearing at 8:02 p.m., Tuesday, October 10, 2000, on the.question of the acquisition by the Town of Sou(hold of development rights in agricultural lands of the property of Rob~ert & Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cu,tchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Development Rights to be purchased 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 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. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 25, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 5, 2000, AND FORWARD ONE (1) AFFIDAVIT TOWN CLERK, TOWN HALL, PO .EASE PUBLISH ON OCTOBER F PUBLICATION TO ELIZABETH NEVILLE, OX 1179, SOUTHOLD, NY 11971. iopies to the following: The Suffolk Times Town Board Members Land Preservation Committee Robert & Joan Jenkins Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF PUBLIC HEARING 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 Southold, the Town Board of the Town of Southold will hold a public hearing at 8:02 p.m., Tuesday. October 10, 2000, on the question of the acquisition by the Town of Southold of development rights in agricultural lands of the property of Robert & Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cutchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Development Rights to be purchased outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 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. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on 'file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 25, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK LEASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO OX 1179, SOUTHOLD, NY 11971. (~opies to the following: The Suffolk Times Town Board Members Land Pres.ervat;ion Committee Robert $ Joan Jenk ns Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF PUBLIC HEARING 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 Southold, the Town Board of the Town of Southold will hold a public hearing at 8;02 p.m., Tuesday, October 10, 2000, on the question of the acquisition by the Town of Sou~hold of development rights in agricultural lands of the property of RobErt & Joan Jenkins, comprising approximately 17.1 acres, located on thb east side of Depot Lane, Cutchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Development Rights to be purchased 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 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. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 25, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PtLEASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT ~F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO B{,OX 1179, SOUTHOLD, NY 11971. Copies to the following: II The Suffolk Times ,: Town Board Members ii Land Preservation Committee Robert F~ Joan Jenkins l! Town Clerk's Bulletin Board GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TO'WN ATTORNEY JEAN W. COCHRA_N Super~isor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih townabtorne~ southold, org OFFICE OF THE TOWN ATTORNEY TOVCN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney May 2, 2001 Jenkins to Town of Southold SCTM #1000-102-2-2.3 Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk's Office Recording Page · Suffolk County Recording & Endorsement Page · Original Deed of Development Rights dated February 23, 2001, between Robert & Joan Jenkins and the Town of Southold, recorded in the Suffolk County Clerk's office on 3/8/01, in Liber D00012106 at Page 510. 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. SUFFOLK COUN~¥ CLERK RECORDS OFFICE RECORDING PAGE Tlr~e of Instrument: DEEDS/DDD Number of Pages: 8 TRANSFER TAX NUMBER: 00-29526 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 102.00 02.00 EX~-~iI~ED A~-D CHARGED AS FOLLOWS $0.00 03/08/2o01 02:21:31 PM D00012106 510 Lot: 002.003 Received the Following Fees For Page/Filing $24.00 COE $5.00 EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Comm. Pres $0.00 TRANSFER TAX NUMBER: 00-29526 THIS PAGE IS Above Instrument Exempt Exempt NO Handling $5.00 NO NO EA-CTY $5.00 NO NO TP-584 $5.00 NO NO RPT $15.00 NO NO Transfer tax $0.00 NO NO Fees ~aid $84.00 A PART OF THE INSTRUMENT Edward P. Romaine County Clerk, Suffo~lk Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / IVlortgage Instrument Page / Filing Fee Handling TP-584 5 /g 500 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (Couta39 EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Sub Total GRAND TOTAL  Real Pre erty Tax Service A .~ ~&~ fi) Dist. Section Mtia~ Satishctions/Disch~ges/Releases List Prope~ Owners Mailing Addres~ RECO~ & ~TU~ TO: ,~ency Verification B lock Lot Recording I Filing Stamps Mo~gageAmL 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. IVlTG. TAX DuaI Town Dual County__ Held for Apportio/~nt ~ Transfer Tax L~- ~97f5~-) Mansion Tax The property covered by this mortgage is or wii1 be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land Title Company Inform3tion Suffolk County Recording & Endorsemem Page ~p~efo~o.f~ea~ched ~ ~ ~¢~m* /4y/* madeby: /~¢ ~ ~'"~ ~ ~eprenfiseshere~is simtedm ~ ~ ~ ~ smorr co~~, ~w or ~.mev of ~P~ BO~S 5 ~U 9 ~ST BE D~ED OR P~D ~ B~ ~ O~' P~OR TO ~CO~G OR FE~G: (OVER} DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 23rd day of February, 2001, BETWEEN ROBERT JENKINS and JOAN JENKINS, residing at 2800 Depot Lane, Cutchogue, New York, party of the first part, AND the TOWN OF SOUTHOLD,'a'municipal corporation having its office and principal place of business at Main Road, 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 one hundred eighty-nine thousand two hundred eighty-eight ($189,288.00 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 in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 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 easterly side of Depot Lane at the northwesterly corner of the premises herein described and the southwesterly corner of land now or formerly of Doroski; RuNNTN.G THENCE North 50 degrees 06 minutes 40 seconds East along sam land now or formerly of Doroski and. later through,other land of the party of the first part, 452.28 feet; THENCE North 39 degrees 19 minutes 00 seconds West again through said land of the party of the first part, 226.76 feet to land now or formerly of Sacred Heart Cemetew; THENCE along said land now or.formerly of SaEred Heart Cemetery the following three (3) courses and distances: z. North 49 degrees 52 minutes 30 seconds East, 437.04 fee[; 2. North 40 degrees 07 minutes 30 seconds West, :i. 30.00 feet; and 3. North 49 degrees 52 minutes 30 seconds East, 464.74 feet to land now or formerly of Scott; THENCE South 42 degrees 48 minutes 25 seconds East along said land now or formerly of Scott, 626.85 feet to a marble monument and land of Cutchogue Cemetew Association; THENCE South 46 degrees 45 minutes 20 seconds West along said land of Eutchogue Cemetery Association, 399.02 feet to a monument and land now or formerly of Edson; THENCE South 46 degrees 57 minutes 20 seconds West along said land now or formerly of Edson 548.69 feet; THENCE South 41 degrees 57 minutes 30 seconds East still along said land now or formerly of Edson, 87.15 feet; THENCE South 44 degrees 38 minutes 50 seconds West, 139.09 feet to a monument and land now or formerly of Grattan; THENCE North 39 degrees 17 minutes 10 seconds West along said land now or formerly of Grattanr 94.00 fee[ to a monument; THENCE South 52 degrees ll minutes 30 seconds West still along said last mentioned land, 309.60 feet to a monument and the easterly side of Depot Lane; THENCE North 39 degrees 29 minutes 10 seconds West along said easterly side of Depot Lane, 314.28 feet to the point or place of BEGINNING. 2 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 after the date of this instrument solely for the purpose of agricultural production. 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 representatives, successors and assigns of the party of the first part, 3 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 open lands actually used in bona fide agricultural production. This covenant shall run 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 party of the first part and the party of the second part do hereby convenant 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 underlying 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 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. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. 4 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 party 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; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. 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 party of the second part 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; (2) the breach or non-performance of any convenants required by this agreement 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 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 adse from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. 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 after 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 0f 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. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above.~...~.~'~ ~. Sellers: ~enkj, ns ~ , j~L~ Jenkins~ - Purchaser: Town of Southold Jean W. Cochran, Supervisor 6 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 23rd day of February, 2001, ROBERT JENKINS, 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 and that by his signature on the instrument, the individual, or the person upon behalf of which Qualified ~n Suffolk County COmmission Expires March 21, 20 ~'~ STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the 23rd day of February, 2001, before me personally appeared JOAN JENKINS, 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 she executed the same and that by her signature · on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument· //L~/"'-~~' /;~---,Y.~/~.~,/~ /%~ NOTARY PUBLIC; State of New~ork Not~rv Public ( /' /% -- ~---- No. 02HA492702g ·: ~ / .; Qualified in Suffolk County v Commission Expires M~rch 21, 20 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 23rd day of February, 2001, before me personally appeared JEAN W. COCHRAN, 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 she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY pUBLIC, State of New~ No 02HA4927029 Qua!ified in. Suffolk County ~.._ ~ommiesion Expires March 21, 2~ 7 GREGORY F. YAILiBO Si~I TOWN ATTORNEY KATI~EEN MIJRRA¥ ASSISTANT TOWN ATTORNEY PATRICLA A. FI3INE G3~N ASSISTANT T0XXrN AT~DRNEY JO SI-rUA Y. HORTON Supem~i$or Town Hall, 53095 Rou~e 25 P.O, Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 gr e g.yakabos~i~to~m.southold, ny. us katbleemmu~ay~)to~at, southold, ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Gregory F. Yakaboski, Esq. Town Attorney Date: September 18, 2002 Re: ROBERT & JOAN JENKINS to TOWN OF SOUTHOLD SCTM #1000-102-2-2.3 Development Rights Purchase Betty: Enclosed for safekeeping in Your office, please find the following document in relation to the above closing that was held on February 23, 2001: · Original Title Insurance Policy #RH80003260 issued by Commonwealth Title Insurance Company in the amount of $189,288.00 Please keep this along with the original recorded deed that was forwarded to you on . May 2, 2001. Thank you. Greg /md eric. cc: Melissa Spiro, Land Preservation Coordinator w/enc. COMMON~iVE.~LTH L_&ND T[ILE INSUP. ANCE COIqP3I~¥ OWNERfS POLICY OF TrrLE IblSLIRANCE *' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, FHE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND TI-He CONDITIONS AND STIPULA'f IONS, COglMON~ALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Cornpany, inaureS, as of Dare of Policy shown in Schedule A, agaiust loss or derange, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the e,tate~or interest descrtbed in Schedule A being vested other than as stated titerein; r 2. Any tiefect in or lieh or encumbrance on the title: 3. Unmarketabilk3 of the title; 4. Lack of a,rigin of access' to a~l from the land. The Coml~any wi41 also pa3' the costs, attorneys' fees and expenses incurred in defense of the ritie, as in,ured, but only to the extent provided hereunto al'fixecbby, its dMs.aarhorketi ofttcers, rite Policy to become valid when conntersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSU1LM'qCE COMPANY By: President EXCLUSIONS FROM COVERAGE The follo~ving matters axe ex'pressly excluded from the coverage of tins policy and.the Company ~ill not pay lo~a or damage, cost,, attorneys' fees or expenses which arise by reason of: (al AnY law, ordinmxce or governmental regulation (including but not limited to budding and zoning laws. ordinances, or regulations) restricting, regulating prohibiting or relating to (il the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location of any improx e- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of wldch the land is or ,~as a part; or (ix') emfronmental pro£ecrion, ot the affe~ of any xinlation of these laws, ordinances or governmental re,la- finns, except to the extent Ihat a notice of the enforcement thereof or a notice of a defect, llen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (al above, except to the extent that a notice of the excrete thereof or a notice of a defect, lien or encumbrance resulting from a ~inlafiou or alleged xqolation alfecting the land has been recorded irt the public records at Date of Pdi[cS. 2. Rights of eminent domain unleas notice of the exercise thereof has been recorded in the public records at Dare of Po[icy, bur not excluding f~om coverage mty raking winch has occurred prior to Date of Polio, which would be binding on the rights of a purchaser for value without 'l,mowLadge. 3. Defects, lierts, encumbrances, adverse clalrm or other matters: (al created, antlered, assumed or agreed to b} the insured clalmam; (b) ~xot known ro the Company, not recorded in the public records at Da~ of Policy. but known to the insured claimant and not disclosed in writing to the Company bi' the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the in~ured claLmant; {all attaching or created subsequent m Date of Poli~y; or (el resulting in loss or damage which would not have been'sustained if the insured claimant had paid value for the e~tate or interest insured by this policy. 4. Any claim, ~hich arises ou[ of the transactinu v~fing in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or sirrdlar creditors' rights laws, tha~ is based on: (al the rransacuon creating the estate or interest insured bs'rhis policy being deemed a fraudtdenr conveyance or fraudulent transfer; or (b) the traruaction creating the estate or interest insuxed by rhL policy being deemed a preferential transfer except where the preferential transfer re>ults from the failure: (il m rknel} record the instrument of transfer; or (ii) of such r~cordatton to impart notice to a purchaser for value or a judgment or lien creditor. Valid Only If Schedules A and B and Cover Are Attached ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page ORIGINAL F~B~ 83·. 8001~ 3: 8~q~q · . : SCHEDULE Amount.(ff ;nSUran~e: .$18.9~288.00 · De~:e of.Poticy: February policy No,: RHSQO032G0 TOwN OF sOU-TI~ 0LD, a:munlcipel ~°rporaUon ' The eStet~ or in~l~es' t in. the land Which :~ covereil by this .poll~y Development Rights TIUe to the esta~.0r interest in the'land is vested in: N0. 163 File No,:, RHB0003260 P. 2/3 TOWN·OF SOUTHOLD, a municipal corporaUon 8y deed r~ac~ ~¥,ROBERT 3ENI~NS and 3OAN 3ENKZNS, his wife f~ the ][NSUP, ED dated February 23, 200~and ~o be recorded in the Offic~ of ~he Clsrk/P, eglster o1' SUFFOLK Count/. The land referred to in this policy Is described on the annexed Schedule A - Description. Counterslgnedi · / Authorized Officer or Agent Fee Policy Insert: SCHEDULE B Exceptions from Coverage · , . NO. 1E~ P.S./3 File No~: RH~OO032~ ThLs~ohey~d~es no~m~ure agalnst-loss .or damage .Candthg company~ill ,nOt .pay. costs, attorrieys' fees or expe.s~s) which aris~ by reason of the following: Rights of tenbnts or p~rsons in possession. 2. Com~itmen~:~.land~.confl~ued Agricultural pmd,',ction set forth in Uber 106g0 page 3. Camm truant old*land,to COntinued Agrlcu[L1Jra product on set forth in. Libor 11230 page 372. C~m~il~nent ~f!la '~Y~' ~nfihued. Agric-ltura]. production se~ forth In er 11357. page 70. .'. ' Comn~tment'of']an~d~b~ ~.orltinuad AGricultural'Production set forth'In Libar 11592 page 376. 6. commiLmant of lar~cl 'b3 continued Agricultural p~aduction set: forth in LIbar 1155~ page 973. 7, Drainage Easement and Right of Way. recorded Uber/Reel 8066 page. 15. 8. 2n~ half 2000/0l tOwn and schoot taxes, 9. Unpaid water charges to date, if any. 10. Survey made by Peconic Surveyors, P.C. last revised February 1, 2001 shows premises improved by nurseries, (a) pond In southerly part of premises, (b) dirt road and farm roads traverse premises, chain link fence encloses extreme southerly portion of premises Csump area) with drainage easement which leads on to same. No encroachments shown. 11. Company excepts possible rights of others than the insured, in, to, and over the farm roads and dirt roads as shown on the survey herein as described in Schedule "A"~ but policy will insure that the use for Development Rights will net be disturbed by reason thereof and that fee [itle remains in the insured. Fee policy [nsert AMENDED 2/14/2001 Fire No.: RH80003260 SCHEDULE A - DESCRI'PTI'ON ALL that ce~-ain 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 easterly side of Depot Lane at the northwesterly corner of the premises herein ;described and the southwesterly corner of land now or formerly of Doroski; RUNNING THENCE No~h 50 degrees 06 minutes 40 seconds East along said land now or formerly of Doroski and later through other land of the party of the first part, 452.28 feet; THENCE North 39 degrees 19 minutes 00 seconds West again through said land of the party of the first part, 226.76 feet to land now o~f0rm~rly or'Sacred Heart Cemetery; THENCE along said land now or formerly of Sacred Heart Cemetery the following three (3) courses and distances: 1. North 49 degrees 52 minutes 30 seconds East, 437.04 feet; 2. North 40 degrees 07 minutes 30 seconds West, 130.00 feet; and 3. North 49 degrees 52 minutes 30 seconds East, 464.74 feet to land now or formerly of Scott; THENCE South 42 degrees 48 minutes 25 seconds East along said land now or formerly of Scott, 626.85 feet to a marble monument and land of Cutchogue Cemetery Association; THENCE South 46 degrees 45 minutes 20 seconds West along said land of Cutchogue Cemetery Association, 399.02 feet to a monument and land now or fon-nerly of Edson; THENCE South 46 degrees 57 minutes 20 seconds West along said land now or formerly of Edson 548.69 feet; THENCE South 41 degrees 57 minutes 30 seconds East still along said land now or formerly of Edson, 87.15 feet; THENCE South 44 degrees 38 minutes 50 seconds West, 139.09 feet to a monument and land now or formerly of Grattan; THENCE North 39 degrees 17 minutes 10 seconds West along said land now or formerly of Grattan, 94.00 feet to a monument; THENCE South 52 degrees 11 minutes 30 seconds West still along said last mentioned land, 309.60 feet to a monument and the easterly side of Depot Lane; THENCE North 39 degrees 29 minutes 10 seconds West along said easterly side of Depot Lane, 314.28 feet to the point or place of BEGINNING. Fee Policy Insert Common l h. File No..' RH80003260 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) ATTACHED TO AND MADE A PART OF POLZCY NO. RH80003260 ZSSUED BY COMMONWEALTH LAND TZTLE I'NSURANCE COMPANY The following is added to the insuring prgvisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereofr and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 df the Conditions and Stipulations of this policy: "(d) If ~he 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 rea[ 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 part of the policy and is subject to the Exc!usions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: February 23, 2001 Issued at: Commonwealth Land Title I'nsurance 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) TQlOO37NY (07/00) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity agaln~ acbaal mone~n3, Ioss or damage susm/ned or incurred bv the insured clainaant who has suffered loss or damage by reason of matrer~ insured against by this policy and only to the extent herein descfihed' (al The liability of the Company under this policy shall not exceed the least of: (J-) tha. Amoum of Insurance stated in Schedule A; or, (i0 the difference between the value of the insured estate or interest as insured and the value of the insured estnte or interest subject to the defect, lien 6; engumbr_ance insured against by this policy. (b);In the event the Amount of Iilsurance staled in Schedule A at the Date df Policy is less than gO percent of the value of the in~mred e~tate or interest or the lull considera6on paid for the land, wkichever is less. or ff subs~c/uent to the Date of Polic5 aa improvement is erected on the land whicI~incre~ses IM value of the nsured estate or interest by at least 20 perce~t, Over the Amount of Insurance stated in Schedule A. then this Policy is subject to the following- (~ where no subsequent improvement has been nmde, as to ~ny partial loss, the Company shall only pay the loss,pro rata in the. proportion that the amount of insurance al Date of Pulley bears to the total valutl of the insured estate or liiZerest a~ Dale of Polic35 or (it) where a subsequent improvement: has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amoum of Insurance stated in Schedule A heats to the sum o£ the Amount of l~surance slated in Schedule A and the amount expanded for the improvement. The prox4sions of this @arageaph shall not apply to costs attoracys' Fees aud expenses for which t~te Company is labia under th/s policy, and shall only apply to that' portion of an), loss which exceeds, in the aggxegate, 10 percent of the Amount of insurance staled n Schedule A (c) The Co~pany will pay only those'cOsts, attorneys' tees and expenses incurred in accordance with Sectioe 4-OF Ihese Conditions and Stipulations. 8. APPORTIONMENT. If the land descried in Schedule A consists of two or more parcels which are not us~ as ~- sin~e site, and ,~ loss is e~ablished affecting one or nmre of the parcels bur not all. the lois ~fiall be computed and settled on a pro rata basis as if the amount of-inmr~nm,under this pulley was divided pro rain as to the value on D/,te of Po~ cy of each separate parcel to the whole, e~chisive of any improvements made subsequent to Date of Policy, unless aHiability or value has other~i~ been agreed upon as to each parcel by the Company and tha insured at the'time of the issuance of this pohey and shown by an express statement or by an endorsement attached to this CONDITIONS AND sTI~ULATIONS (Continued) (b) %~hen gability and the extent of loss or damage has been defithtely fixed in accord~mce with these Conditions mad Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETI'LEMENT. (a) The Company's Raght of Subrogation. lg~nenever the Company shall have settled and paid a cIaim under this policy, all fight of subrogation shall vest in the Company tmaffected by any act of the i~ured claimant. The Company sha~ be mbrogated to and b~ entitled to all fights and remedies'which the insured claimant would.he_ve had against any person or proper~y in re~eet to the claim had this policy not been issued. If requested by the Company, the instated cinimmat, shall transfer to the C~any ail rights and rean4dies against any person Or property r~ecessarv in order to perfect this right, of subrogalion. The i~ured clafl~ant shall permit the Company to sue, compromise or settIe in the. name of the insured clasmant and la use the name of the insured ela~mmat .in any transaction or litigation involving these fights or remedies. . If a payment on account of a claim does not fully cover the loss of the h~mred claimant, the Compaq) shall be subrogated to the~e rights and remedies in the proportion which the Companfs pa~,ment hears to the . ~chole mount of the loss. If loss should resuh from any act of the insured clalmzaxt, as stated above, that act shalI not void this policy, but the company, m that event, shall be required to pay only that par~ of any losses hisured against by this policy which shall exceed the amount, if any, Iost to the Company. by reason of the impairment by the hisured claimard of the Company's fight of subrogation. (b) The Company's Pdghts Against Non-insured Obligors. The Compans's right of subrogation against non-insured obligors shaIl ealst and shall include, without limitation, the rights of the insured to indemnities, guaranties, other poi/cues OF insurance or bond& notwithstanding an)' terms or conditions contained in those instruments which pr~vlde for subrogation fights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law. either the Company or the insured tony"demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association_ Arbitrable matters may include, but are not limited to, any controversy or claim hetween the Company and Ihe insured arising out 6f or relating to this policy, any service of the CompFuy jn con~tection with its issuan~ or the breach of a policy provlsmn or other obligation. Al/ arbitrable matters when the Amount of Insurance is gl,000,000 ~r less shall he arbitrated at the option of eitller the Company or the insured. All arbitrable matters when the Amount 6f Insurance is in excess of $1,000.000 shall be arbitrated ouly when a~reed to 9.,LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy (al If the Company establishes the title, or remoxes the alleged defect, and under the Rules in effect on the date. the demand for arbitration is lien or encumbrance, or cures the lack of a right of across to or from the ' made or at the option of the insured, the Rules in effect at Date of Pohe) land, or cures the claim of unmarketability of title, all as insured, in a shall be .binding upon the parties The award may include attorneys' fees reasonably diligent manner b) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter mad shall not be liable for an) loss or damage caused thereby. (b) In the event of an)' litigation, inc uding litigation by he Company or with the Company's consent, the Company shag have-no liability for loss or damage until them has been a final determination by a court of competent jut sdlatinn, and disposition of nlI appeals therefrom, adveme to the title as in~mred. (el The Company shall not be liable for loss or damage to an)' insured for liability voluntarily assumed by the insured in settling any claim or~uit '~4thout the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for cos s, attorneys' fees and expenses, shall reduce the amount of the insuranm pro tanto. 11. UABILITY NONCUMULATIVE ~ l~ exptes~15 nnderstood that the amount of insurance under fins policy shall be reduced by allsr a~nount the Company ma3 pay under ally po cy insuring a mortgage to wlfich exception is taken in Sckedule B or to which the insured has a~eed, assumed, or taken subiect, or which is herefftor executed b~ an insured and x~.kich is a charze or ~iea on the estate or hiterest described or refen'ed to ixa Schedule A- and the amount so paid shall be deemed a pa?merit under this policy to the insured owner. 12. PAYMENT OF LOSS. (al No payment shall be made wtiheut produc n; this pulicy for endorsement of [he payment unless the pulicv has been os or d~stroyed, in ~ high ease proof of loss or destruction shall be'furnished to the satisfaction of the Company. NM 1 PA 10 ALTA Owner's Poli~y (10-17-92) Form 1190-3 Cover'Page ORIGINAL only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevaii/ng party. Judgment upon the awaffd rendered 'by the Arbitrator(s) may be entered in any court 'having jurisdiction thereoi/ The law of the situs OF the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A cop5, of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (al This policy together with all endorsements, if an~. attached hereto by the Compan) is the entire policy and contract hetween the insured and the Company. In interpreting any p. rox4sion of this policy, this policy shall be construed as 'a wliole. ' (b) Any c a m of loss or damage, whether or not based on negligence, and x, hlah arises out of the status of the title to the estate or interest covered hareby or by an) action asserting such claim, shall be restricted to this pulicy. (c) No amendment of or endorsement to this pollay can be made except b3 a writing endorsed hereon or attached hereto sinned by-either the President. a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the e?nt an)' provision of the polio3 s held inva d or unenforceable under applicable law the policy shall be deemed not to include that provi- stun and ali uther prox4sinns shall remain in full force and effect. 17. NOTICES, WHERE SENT. Valid Only IF Face Page, Schedules A and B Are Attached