HomeMy WebLinkAboutScott, John & Sandra (2) JOSHUA Y. HORTON
GREGORY F. YAKABOSKI Supervisor
TOWN ATTORNEY
Town Hall, 53095 Route 25
P.O. Box 1179
· KATI-ILEEN MURRAY Southold, NewYork 11971-0959
Telephone (631) 765-1939
ASSISTANT TOWN ATTORNEY e-mail:
gr eg.yakaboski@town.sout hold.ny.us
PATRICIA A. FINNEGAN kathleen.murray@~own.$outhold.ny.us
ASSISTANT TOWN ATTORNEY patr~cia.finnegan@town.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: January 3, 2003
Re: JOHN G. SCOTT III & SANDRA J. SCOTT to TOWN OF SOUTHOLD
SCTM #1000-102-2-p/o 23
Development Rights Easement
Betty:
Enclosed for safekeeping in your office, please find the following document in relation to
the above closing that was held on March 15, 2001:
· Original Title Insurance Policy #RH80011319 issued by Commonwealth Title·
Insurance Company in the amount of $229,538.00
Please keep this policy with the original recorded deed that was previously forwarded to
your office on May 9, 2001.
Thank you.
Greg
/md
enc.
cc: Melissa Spiro, Land Preservation Coordinator w/eric.
COgtStO~Vt',CT~ I.,u'm Tree I~SUe, X~CE Co~tv~,q- OWNER'S POLIC~' OF TITLE INSURANCE
Commonwealth
SUBJECT TO THE EXCLUSIONS FROgl CO~;EI~AGE, THE EXCEPt'IONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDIT[£iNS .aND STIPULATIONS, COMMON~EALTH LAND IITLE INSURANCE COMPANY, a Pemasylvarfia corporation, herein
called the Company, insure~, aa of Date of Po[icy shown in Schedule A, agmnst 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 encumbrmace on the title;
3. Unmarketability of the fide;
4. Lack of a right of access to and from the land.
The Company ~i[l also pap the costs, attorneys' fees and expenses incurred in defense of the title, as in=uteri, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEKEOF, COMMONWEALTH LAND TITLE INSUI~A. NCE COMPAN'~ ha~ caused it~ corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become vaiid when countersigned by an authorized officer or agent of the Company.
COMMONWEAUI'I:I LAND TITLE INSUIL~NCE COMI~ANY
=
Secretary President
EXCLUSIONS FROM COYERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or got ernmentaI regulation (including bur not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (ii the occupancy, use, br enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensiona or area of the land or an}' parcel of
which the laud is or was a parr; or (ix,) environmental protection, or the affect of any violation of these laws. ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a v~otarion or
alleged violation affecting the land has been recorded in the public records ar Date of Policy.
(bi Any governmenrai police power not excluded by (a) above, except to the extent that a notice of the excrci>e thereof or a notice of a defect,
lien or encumbrance remhing from a xSolation or alleged violation affecting the land has been recorded in the public records at Date of Policy
2. Rights of eminent domain unless notice of the exercise theret~f has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior ro Da~e of Policy which x~ould be binding on the rights of a purchaser for value without
knowledge.
3. Defects. liens, encumbrances, adverse claim= or other matters:
(a) created, suffered, assumed or a~eed to by the in~ured claimant:
(bi not known to the Compan_~, not recorded in the public records ar Date of Po[icy, but'known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior ro the date the insured claimant became an in>ured under this policy:
(c) resulting in no loss or damage to the insured clatmant;
(d) attaching or created sub=equenr to Date of Policy; or
(e) re>ulting in loss or damage which would not have been sustamed if the insured claimant had paid value for the estate or hiterest insured
by this policy.
4. Any claim, which arises our of the transaction vesting in the Insured the e,tate or interest insured by this po[icy, by reason of the operation
of federal bankruptcy, stare inaol~enc3, or dnular creditors' rights lawn. that is based on:
(a) the tran3action creating the estate or interest hi~ured by this pohcy being deemed a fraudnlenr conveyance or fraudulent transfer; or
Co) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except ~ here the preferentiai transfer
results from the failure:
(ii to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PAIO
ALTA Owner's Policy (10-17-92) Vaiid Only If Schedule~ A and B and Cover Are .attached
Form 1190-1 Face Page
ORIGINAL
MAR. iS.'2__.~1 2: iEPM .NO, ~9~ P. 2/2
File N~,: RH80011319
SGHEDULE'A
O Gommon,
Amount of Xnsurance: $229;538.00 Policy No.: RHSOOX1319
Date of Policy: Har~h 15, 2001
1, Name of Znsurnd;
TOWN OF SOIJTHOI,D
2. The estate or intereat in th~ land whlch is covered by this policy is:
Development Rights
3. Title to the estate or interest in the land la vested in:
TOWN OF SOLITHOLD
I~y deed made by 3OHN G. SCOT~//! and SANDRA 3. sCOl'r, his wife ~o the INSURED dated
Hatch 15, 2003. and to be recerded in ~he Office of the Clerk/Register of SUFFOLK County.
4. The land refer~ed to In ~hi$ policy is described nn the annexed Schedule A - Description.
Countersigned:
Authorized Officer or Agent
Fee Poll~, Insert
File No.: RH80011319
SCHEDULE B
Exceptions from Coverage
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of the following:
Rights of tenants or persons in possession.
2. Agricultural Assessment Commitments recorded in Liber/Reel :~:~415 page 16, Liber/Reel 11618 page
628 and Liber/Reel 1 :~665 page 468.
3. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation
will terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored
taxes, plus penalty and interest, if any.
4. 2nd half 2000/01 town and school taxes.
5. Unpaid water charges to date, if any.
6. Survey made by Peconic Land Surveyors, P.C. last dated January 26, 2001 shows development rights
parcel as cultivated fields, (a) dirt farm roads traverse premises, (b) Eleven (ll) foot right of way over
easterly part of premises. No other variations shown.
7. Company excepts possible rights of others than the insured, in, to, and over the dirt roads as shown
on the survey herein as described in Schedule "A", but policy will insure that the use for Development
Rights will not be disturbed by reason thereof and that fee title remains in the insured.
Fee Policy Tnsert
File No.: RH80011319
SCHEDULE A - DE$CRTPTTON
AMENDED 2/16/2001
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, being bounded and described as follows:
BEGTNNTNG at a monument on the southerly side of Long island Railroad at the northwesterly corner of the
premises herein described and the northeasterly corner of the Sacred Heart Cemetery;
RUNNING THENCE North 59 degrees 44 minutes 20 seconds East along the southerly side of Long Tsland
Railroad, 520.10 feet to a railroad monument and land now or formerly of Goerler;
THENCE South 43 degrees 24 minutes 10 seconds East along land now or formerly of Goerler and later along
land now or formerly of Starke, 1885.53 feet;
THENCE South 46 degrees 36 minutes 04 seconds West and through said lands of the party of the first part,
527.32 feet to a monument and land now or formerly of.lenkins;
THENCE North 42 degrees 48 minutes 25 seconds West along said land now or formerly of .lenkins and later
along land of the Sacred Heart Cemetery, 2003.55 feet to the point or place of BEGiNNiNG.
Fee PolJcy Insert
File No.: RH80011319
Common ?
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLZCY)
ATTACHED TO AND MADE A PART OF POLZCY NO. RH80011319
TSSUED BY
COMMONWEALTH LAND TZTLE TNSURANCE COMPANY
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may herealter gain priority over the estate or interest of the insured
as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) Zf 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 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 Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: March 15, 2001
Zssued at:
Commonwealth Land Title Tnsurance Company
177 Old Country Road, PO Box 419
Riverhead, NY 11901
By ,:
Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92)
TQ10037NY (07/00)
CONDITIONS AND S'III'ULATIONS - '
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability a~d the extent of loss or damage ha~ been defiultely
This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations. thc lo~ or
damage sustained or incnrred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter.
or damage by reason of matters insLLred against by this policy and ouly to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
the extent herein described.
(al The Company's Right of Subrogation.
(al Tire liability of the Company under this policy shall not exceed the
least of: %~enever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest ia the Company unaffected by
(il the Amount of Insur~mce ~tared in Schedule A; or, any act of the insured claimant
(ii) the difference between the value of the insured estate or interest as The~ Compan) shall be subrogated to and be entitled to ali rights and
insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or
lien or encumbrmlce insured against by this policy, property in respect to the clakn had this policy not been issued. If
(b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, ihe insured claimant shall transfer to the
Date of Policy is less than 80 percent of the value of the insured estate or Company ail rights and remedies against any person or properly necessary
interest or the full consideration paid for the land, wldchever is less, or if in order to perfect this right of ~ubrogaticm. The insured claimanl shall
subsequent to the Date of PoI/cy an improvement is erected on the land permit the Compan) to sue. compromise or settle ia the name of the
which increases the value of the insured estate or interest by at least 20 insured clMmant and to use the name of the insured claimant ia an}'
percent over the Amount of Insurance stated in Schedule A, then this transaction or litigataon involving these rights or remedies.
Policy is subject to the fdi[owing: If a payment on account of a claim does not thlly cover the loss of the
(il where no subsequent improvement has been made, as to any p~'tiai insured claimant, the Comlmny shall be c~ubrogated to these right~ and
loss, the Company shall only pa3' the loss pro rata in the proportion that remedies in the proportion wMeh the Company's payment bears to the
the amount of insurance at Date of Policy bears to the total valug of the whole amount of the loss.
insured estate or interest at=Date of Policy; or If loss should result from any act of the insured claimant, as ~ated
(-u) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event,
loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay ouly that part of any losses insured against by
I20 percent of the Amount of Insurance stated in Schedule A beats to the policy which shall exceed the amount, if any. lost to the Compen) by
sum of the Amo~mt of I~ur'~nce stated inn Schedule A and the amount reason of the impairment by the insured claimant' of the Company's righi
expended for the improvement, of subrogation.
The provisinn~ of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non-insured Obligors.
and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall
only apply to that poCdon of any los~ wirier exceeds, in the aggregate, I0 exisl aud shMl include, without limi'tafion, the rights of the insured to
percent of lite Amottnt of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds,
(c) The Compmay will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those lastr[Lments
I incurred in.accordance with SeCtOR 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy.
i: ~: 8. APPORTIONMENT. 14. ARBITRATION
· .. If the land described in Sch~lule A consists of two or more parcels Unless prohibited by app[icub[e law. either the Company or the insured
I ~:: which are not used as a sin~Ae si~. and a loss is established affecting one or
.~ Q more of the ParCels but not ail, the loss shall be computed and settled on a ma)' demand arbitration pursuant to the Title Insurance Arbitration Rules
-3 ~ , pro rata basis a~ if the amoant bf ir~ura~ce trader this po[icy was divided of the American Arbitration Associahon. Arbitrable matters may include,
,*, pro rata as to the ~aiue on Date of Pogcy of each separate parcel to the but are not liimted to. any controversy or claim between the Company and
:~ ' whole, e~clusive of any improvefiaents made subsequent to Date of Pulley. the insured arising out of or relating to this policy, any service of the
. unless a [lability or value has oth. em4se been a_m-eed upon as to each parcel Company in connection with its issuance or the breach of a pohey
:i. '. by the Company and the insure~[ at the time of the issuance of this policy provision or other obligation. All arbitrable matters when the Amount of
.i and shoran by an express statement or by an endorsement attached to this Insurance is $1.000.000 or [ess shall be arbitrated at the option of either the
~:~ policy. Company or the insured. All arbitrable matters when the Amount of
- Insurance is in excess of gl,000,000 shalI be arbitrated odiy when agreed to
~ ;; 9. LIMITATION OF LIABILITY. by both the Company and the insured Arbitration pursuant to this policy
i7:2 (a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is
'.. lien or encumbrance, or cares the lack of a right of access to or from the made or, at the option of' the insured, the Rules in effect at Date of Po[iay
[and, or cures the claim of unmarketability of lille, all as insured, in a shall be binding upon the parties_ The award may include attorneys' fees
reasonably diligent mamler by any method, including litigation and the only [f the laws of the state in which the land is located permit a court to
completion of any appeals therefrom, it shall have fully performed its award attorneys' fee~ to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) ma), be entered in an}, court having
obligations with respect to that matter and shall not be liable for an}, loss jurisdiction thereof.
or damage caused thereby.
The law of the situs of the land shall apply to an arbilration under the
(b) In the event of any litigation, including litigation by the Company Title Insurance Arbitration Rules.
or with the Company's consent, the Company shall have no liability for
loss or damage unth there has been a final determination b} a court of A copy of the Rules ma) be obtained from the Company upon request.
competent juri~iction, and disposition of all appeals therefrom, edverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the title as insuxed.
(c) The Company shall not be liable for loss or damage to any insured CONTRACT.
for liability voluntarily assumed by the insured in setthng an} claim or suit (al This policy together with ail endorsements, if an), attached hereto
without the prior ,x~itten consent of the Company. by the Company is the entire policy and contract hatween the insured and
the Company. In interpreting an}' provision of this po[icy, this po[icy shall
10. REO~CTION OP INSURANCE; REOUCTION OR TERMINA?ION be construed as a whole.
OF LIASlUT¥. (b) Any claim of loss or damage, whether or not based on negggenee,
AtE payments under dfis policy, except payments made for costs, and which arises out of the status of the title to the estate or interest
attorneys! fees and expenses, shall reduce the amount of the insurance pro covered hereb3 or by an}' action asserting such claim, shall be restricted to
tanto, this policy.
(el No amendment of or endorsement to this policy can be made
11. UABIUTY NONCUMULATIVE except by a writing endorsed hereon or attached hereto sit-ned b~, either the
Itisexpresslyunderstoodthattheamountofinsuranceunderfltispolic5 President. a Vice President, the Secretory, an Assistant Secretary. or
shall be reduced by mzy amount the Company~ may pay under an3, policy validating officer or authorized signatory of the Company.
insuring a mortgage to which exception is taken in Schedule B or to ~ lfich 1 $. SE¥£RASILITY.
the insured has a~m:eed, assumed, or taken subject, or w!~ich is hereaf~r
executed by an insured and which is a charge ct lien on the estate or interest In the event an)' proxisinn of the policy is held invalid or unenforceable
under applicable law. the policy shall be deemed not to include that provE-
described or referred to hi Schedule A, and the amount so paid shall be sion and all other provisions shall remain in fait force and effect.
deemed' a pa)resent under this policy to tl'.e insured ownm:
17. NOTICES, WHERE SENT.
12. PAYMENT OF LOSS. 311nodeesreqairedtobegiventbeCompanyandanystatementin,aritlngrecp,~red
al No payment shall be made without producing this pdiicv for endorsement to be fur~shed the Company shal/in,nde the number of tiffs policy mxd shall be
of the paymem un ess he po cv has been os or des royed, n wh ch case proof
of loss or destruction shall be furnished to the satisfaction of the Company addressed tn: Container Afl'airs Department, RO. Box 27567, pdchmond~ Virginia
23261-7567.
NM I PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Coyer'Page ORI,~ qAI Valid Only If Face Page. Schedules A a~nd B Are Attached
JEAN W. COCHRAN
GREGORY F. YAKABOSKI Supervisor
TOV,~ ATTORNEY Town Hall, 53095 Route 25
P.O. Box 1179
iVL~RY C. WILSON Southold, New York 11971-0959
ASSIST.a~qT TO~VN ATTORNEY Telephone (631) 765-1889
Fax (631) 765-1823
E-mail: tovenat torney~southoid.or g
OFFICE OF TI-IE TOWN ATTORNEY
TO'v~q~ OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: May 9, 2001
Re: John 6. Scott III and Sandra J. Scott to Town of Southold
SCTM #1000-102-2-23 (p/o)
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 March 15, 2001, between John G.
Scott III and Sandra J. Scott and the Town of Southold, recorded in the Suffolk
County Clerk's office on 3/29/01, in Liber D00012110 at Page 692.
Thank you.
Greg
/md
erics.
cc: Melissa Spiro, Land Preservation Coordinator w/encs.
Assessors w/encs.
Town Board w/o encs.
Land Preservation Committee w/o encs.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD .'~ Recorded: 03/29/2001
Number of Pages: 8 At: 04:26:27 PM
TRANSFER TAX NUMBER: 00-32284 LIBER: D00012110
PAGE: 692
District: Section: - Block: Lot:
1000 102.00 .... 02.00 023.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $229,538.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $24.06 ...... NO Handling $5.00 NO
COE $5.00 -?NO EA-CTY $5.00 NO
EA-STATE $25.00 ' - NO TP-584 $5.00 NO
Cert. Copies $0.00 NO RPT $15.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm. Pres $0.00' 'NO
T Fees Paid $84.00
TRANSFER TAX NUMBER: 00-32284
THIS PAGE ~ A PART OF THE INSTRUMENT
Edward P.Romaine
. .. County Clerk, Suffolk County
Number of pages ~
TORRENS
Ceaificate ~
~ior Cfi. ~
Deed / Mo~gage ~s~ment Deed / Mo~gage T~ St~p Recor~g / Filing Stamps
4 I FEES
Page / Filing Fee Moagag~ ~t.
~dling 1. Basic T~
TP-584 2. Additional T~
Notation Sub Total
~-52 17(Counb') ~ SubTotal Spec./~sit.
0r
EA-5217 (State) Spec./Add.
Co~. of Ed. 500 ~eld [or Appo~ionmen~ .
Affidavit rmasfer Tax
Ce~ified Copy M~sion Tax
Ihe prope~ covered by ~is tno~gage is or
~g. Copy will be improved by a one or two family
Sub To~l dwell~g only,
~her ~ ~ ~ ~ YES~orNO'
G~ND TOTAL
~. ~of~is ias~ument.
~ Real Pro~ T~ Semite Agency Verification I 6 C0~uffi~ erese~ation F~d
{~i--~'~-- ~o~,:<~:,,~ ~[ Dist. Section B l~k I Lot Consideration Amount
I
~ /~a
~¢~C/ Improved
~itia~ Vacant Lan~
Satishctions/Discharges/Releases List Prope~ Owners Mailing Address TD
RECO~ & RET~ TO:
s I Title Company Information
9 I Suffolk County Recording &'Endorsemem Page
. ' .r / ~ . /
ms ~ge fo~ p~ of ~e a~h~ ~e~ ~ ~)~ ~/~ C~ ~ /A.' ~' ~r made by:
(se~ ~[ OF ~S~ )
~ ~' ;~~ ~f ~epre~seshere~issi~ed~
~
BO~S 5 ~U 9 ~ST BE ~ED OR P~D ~ B~CK ~ O~Y P~OR TO ~CO~G OR F~G.
(OVER)
DEED OF DEh~LOPMENT RIGHTS
THIS INDENTURE, made this 15' day of March, 2001,
BETWEEN JOItN G. SCOTT III and SANDRA J. SCOTT, residing at 31025 Main
Road, Cutchogue, New York, proxy of the first part,
AND the TO~VN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at 53095 Main Road, Town of Southold, Comity of
Suffolk and State o£New York, pat%, of the second part;
WITNESSETH, that the part), of the first pm% in consideration of TWO
HUNDRED TWENTY-NINE THOUSDAND FIVE HUNDRED THiRTY-EIGHT
($229,538.00) 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
pelmanent legal interest and right, as authorized by section 247 of the New York State
General Mmticipal Law, as amended, to permit, requh'e or restrict the use of the premises
exclusively for agricultm'a[ production as that term is presently defined h~ Chapter 25 of
the Town Code of the Town of Southold, and the fight to prohibit or restrict the use of the
premises and any structttres thereon for an), purpose other than agricultural production, to
the property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying m~d being in the Toxxm
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, being bounded and described as follows:
BEG[NN[NG at a monument on the southerly side of Long Island Railroad at ~he northwesterly corner of the
premises herein described and the northeasterly corner of the Sacred Heart Cemetery;
RUNNING THENCE North 59 degrees 44 minutes 20 seconds East along the southerly side of Long Island
Railroad, 520.10 fee~: to a railroad monument and land now or formerly of Goerler;
THENCE SouLh 43 degrees 24 minutes :tO seconds East along land now or formerly of Geerler and later along
land now or formerly of. Starke, 1885,53 feet;
THENCE South 46 degrees 36 minutes 04 seconds WesL and through said lands of the party of the first part,
527.32 feet to a monument and land now or formerly of Jenkins;
THENCE North 42 degrees 48 minutes 25 seconds West along said land now or formerly of Jenkins and later
along land of the Sacred Heart Cemetery, 2003.55 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 mhd 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 pretrdses, insofar as the rights ~'anted hereunder are
concemed.
TO HAVE AND TO HOLD the said Development Rights in the premises herein
granted unto the pm~, 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 an3~rhing 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 atxd agrees for the parry of the first part, and the
heirs, legal representatives, successors and assigns of the pat~y 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 perpettdty,
further covenants and agrees for the party of the first part, and the heirs, legal
representatives, successors and assigns o£ the party of the first part, that the parcels of
real property described herein are open lands actually used in bona fide agricultural
3
production as defined in GML section 247 and shall remain open lands actually used in
bona fide agricultural production. This covenant shall tam ~vith the land in perpetuity.
_'3riND the part), 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 mid the party of the second part do hereby convenmlt
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 agricultm-al production and the ~'antor covenants and agrees that the
underlying fee title may not be subdivided into plots by the filing of a subdixfision 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 myy~
portion thereof.
THE word "partf' shall be construed as if it reads "parties" whenever the sense of
this indenture so requires.
4
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 Enviromnental Laws; allow party of the second pmx 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 f'u'st part, its heirs, legaI representatives, successors and assigns
of the party of the first part covenants and agrees that it shall indemnify and hold proxy of
the second pmx and any of its officers, agents, employees, and, their respective successors
and assigns, harmless fi:om and against any and all damages, claims, iosses, liabilities and
expenses, including, without limitation, responsibility for legal, consulting, en~neering
and other costs and expenses which may arise out of (1) any inaccuracy or
misrepresentation in any representation or warrantsr made by seller in tlfis agreement; (2)
the breach or non-perfon-nance of any convenants required by this agreement to be
performed by the part}, 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 enviromnental law; or the disposal, discharge or release of solid xvastes, pollntants or
hazardous substances; or exposure to any chemical substances, noises or vibrations to the
extent they arise from the oxxmership, operation, and/or condition of the premises prior to
5
or subsequent to the execution of the deed of Development Rights. This covenant shall
mn with the lm~d in perpettfity.
AS set forth in ChapterS S/of the Toxx-n 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 m~d upon the approval of the electors of the
voting on a proposition submitted at a special or biemxial tox~,n 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 mn with the land in perperaity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
k----"J~ohn G. Scott Ili
Purchaser: Town of Southold
2,i~F?0c<
L ,_-:,000 i 2 !
P 5,92
STATE OF ~EW YO~ )
CO~TY OF S~FO~ )
O~ the 15~ day of M~ch, ZOOt, before me perso~&t]y appe~ JO~ O. SCOTT
~, perso~aUy ~own to m~ or provided to me o~ the basis o¢ safisfacmw evade=ce
th~ i~dividu~l whose ~ame ~s subscribed to th~ within ~st~e~t aud ~c~owtedged to
me thai he executed th~ same a~d that by ~s si~atur~ o~ the i~s~ent, the
or ~e person upon behalf of ~vNch the ~dividual acted, executed the h~stmment.
Pubic//~ ~REN a. HAGEN
~ota~
~ PUBLIC, StYe of N~ ~
No. 02HA4927~29
Qualified Jn Suffolk County
~m~ion ~ires M~ 21,20 ~ ~
CO~Y OF g~FOtE )
On the ~5th d~y of Mm-ch, 200~, before mc personally appc~cd SA~k
SCOTT, pc~so~l]y ~own m mC or provided to mc o~ th~ bas~s of safisf~cmw ~dCnc¢
to b¢ thc ~d~v~d~l whose ~m=c ~s subscribed to thc wl~n [ms~cn~ ~d ac~ow]cdgcd
to mc that s~c cx¢c~tcd thc same and ~]~ by h¢r s[~mt~c o~ the ~s~m¢~[, thc
individual, or the person upon bChslf of w~ch thC individual sctcd, c~cc~md thc
insh~ment. ~ i
~OTARY PMBLIC, State ¢
No.
Notary Public ~ ~J ~ualified in Suffolk Cou~ ~ X
~mmission ~pires M~¢ 21, ~ ~
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On the 15t~ day of March, 200t, before me personally appeared JE,ad'q W.
COCHtLhN, personally kmoxxm 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
ac-knowledged to me that she executed the same in her capacity as SupenSsor of the
TOWN OF SOUTHOLD, and that by her signature on the instrument, the individual, or
the per, son upoAbehalftof wltich the indixdduai acted, executed the instrument.
.~ ,, .f"~ OTARY PUBLIC, State of New York
NotaJ~¢ Pubh~z'~ No. 02HA4927029
QuaJified in Suffo k County
Commission Expires March 21, 20
7
MELISSA A. SPIRO Town Hall, 53095 State Route 25
L.kND PRESERVATION COORDINATOR P.O. Box 1179
Sou~hold, New York 11971-0959
Telephone (631) 765-5711
Fax (631) 765-1366
DEPARTMENT OF LAND PRESEI~VATION
January 9, 2001 TOWN OF SOUTHOLD
John and Sandra Scott
P.O. Box 1168
Cutchogue, NY 11935
RE: Development Rights Easement Purchase for
John and Sandra Scott
North side Main Road, Cutchogue
SCTM# 1000-102-2-23
Dear Mr. and Mrs. Scott:
The Southold Town Board adopted a resolution at their regular meeting on January 3,
2001, accepting your generous olT~r of the development fights on approximately 22 acres
of your property identified as SCTM# 1000-102-2-23_ Copies of the Town Board's
resolutions are enclosed for your records.
The To~'m Attorney ~vill be preparing a purchase contract within the next ~veek. The
contract will be forwarded to your attorney_ The Town Attorney has been notified that
you have retained the office of Lark and Folts. Please call the Tox~m Attorney if this is not
correct.
A survey of your property has been ordered and a title report and environmental site
assessment will be ordered within the next week. The survey, describing the overall
property and area of the development rights easement, ~511 be subject to your approval, as
well as that of the Committee.
Please feel free to call me if you have any questions regarding the above, or if you would
like assistance with detea'mining the exact area for the development rights easement.
Since/jcl~· /~
tvlellssa 3p~-o F-
Land Preservation Coord'mator
cc: ~lizabeth Neville, Town Clerk
Gregory Yakaboski, Town Attorney
Land Preservation Committee
Encl.
ELIZABETtI A. NEVILLE ~ Town Hail, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, NewYork 11971
MARRIAGE OFFICER Fax (631) 765-6145
RECORDS i~LM',IAGFaMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF TI-IF. TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 67 OF 2001 WAS
ADOPTED AT TI~E REGULAR MEETING OF THE SOUTHOLD TO~VN BOARD ON
JANUARY 3, 2001:
WltEREAS, the To~xm Board of the Town of Southold wishes to purchase the
development rights in the agricultural lands of a certaLn parcel of property of John and
Sandra Scott, said property identified as SCTM# 1000-102-2-23, comprising approximately 22
acres, at the price of $10,000.00 (ten thousand dollars) per acre pursuant to the provisions of
Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (2% Community Preservation
Fund) of'the Code of the Town of Southold; end
RESOLVED by the Town,Board of the Town of Southold that this action be classified as au
Unhsted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et_ Seq.; be it
further
RESOLVED by the Town Board of the Town o f Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Tow'n of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Toxvn Board of the Tow~ of Southold hereby finds no significant
impact on the environment and declares a negative declaration pursuant to SEQRA Rules end
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK)
)SS:
~t~ of Chap~ COUNTY OF_SUFFOLK)
?'25 and/or Chapter' 6'~(~-% CommUnity ~CL~ ~g ~ of Maffituck, in said
'. ~s=~a[i0nFund)~of~e'TownC~e~ counW, ~eing duly sworn, says that he/she is
Ton Bo=d of ~e Town Of Sou~hoId
~.:=~e~by se~ :Weane~:a=y,' j~nua.. ~, Principal clerk of THE SUFFOLK TIMES, a weekly
/L=~t=t~P-m'~s°=ta°~a~°~'' newspaper, published at Ma~ituck, in the Town of
'~=~:~Yo~.~etime:~av~==fora. vuba=' ~: Southold, Coun~ of Suffolk and State of New York,
~'~ ~e~g..fo~=~=c~=$..o~,d=~=~0~==nt ~' and that the Notice of which the annexed is a printed
~??~ of.a~c=~t=~ ~=os for ~
. ~?'b[=~[=~a'f?~n~ 0~n~a.~y. ~o~ ~a~ ~ copy, has b~n regularly published in said Newspaper
?r~S~eas~0a/': '? '. once each w~k for ~ weeks succes-
: . . ..... sively, ~encing on the ~. [ day
'~i~ ~1~t02~2-23, ~e ~velopmen[ n~hts
.... ~'easement ;comprises appro~atety 22 [. of I~ . 2000
:~:dcre~ of ~e;45 ~re.f~. ~e exa6t ~ea I
~?. :: be ~dete~ned by 'a :'t0wn~pro~ddd' sur:' ; No[~ Publi~ 8~ of Naw Yo~
. , ' No. 01~E60~
~41: ~ey, acceptable to~e:.~d ~e~afion Oualifi~ inS~olk~ ~ ~ Principal Glark
::~ C~t~e::pdOr'~o'~ c6%act~cl°siag. C0~.~ission
~,-'~¢ pfi~ch~e,price is $[0~.~ (ten '
~' .~a~a0~b ~ ~%. s~d,p~o~ Sworn to b~ore me this
'~:-tO ~:~ P~rch~ed 'e~er oU~ghL by- ~e
: ~:~ :Xo~ ~:o~: Spa~old;~r .cqa~ed ~undc
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GUvTEN that pursuant to the provisions of Chapter 25 anct~or
Chapter 6 (2°,/o Community Preservation Fund) of the To~xm Code the Town Board of the
Town of Southold hereby sets Wednesday, January 3, 2001 at 5:00 p.m.., Southold Town
Hall, 53095 Main Road, Southold, New York as the lime and place for a public hearing
for the pumhase of development rights of agricultural lands under for a certain parcel of
property o;xmed by John and Sandra Scott.
Said property is identified as SCTIvl #1000-102-2-23, the development rights
easement comprises approxiurately 22 acres of the 45 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
$10,000.00 (ten thousand dollars) per acre. Said property to be purchased either outright by
the Toxvn of Southold, or acquired under the Suffolk County Preservation Partnership
Program whereby Suffolk Comity may appropriate an amount equal to 500,/o of the total cost
of acquisition; or under the Suffolk County Greenways Program whereby StLffolk County
may appropriate m~ amount up to 70% of the total cost &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 To~vn
Hall, 53095 Main Road, Sonthold, New York, m~d may be exm~ined by any interested person
during business hours.
Dated: December 12, 2000
BY ORDER OF THE SOUTHOLD TOWN BO331D
ELIZABETH A. NEVILLE
SOUTHOLD TOVV2N CLERK
PLEASE PUBLISH ON DECEMBER 21, 2000, .SAND FORW.Sd/D ONE (i)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN H_ALL, PO BOX 1179, SOUTHOLD~ NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Land Preservalion Committee
Department of Land Preservation
John and Sandra Scott
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH .4. NEVILLE, Tox~a~ Clerk of the To;~m of Southold, New York being
duly sworn, says that ol~ the 13th day of December ,2000, she affixed a notice
of xxhich the annexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold, New York_
NOTICE OF PUBLIC tlE.adtlNG - Wednesday, January 3, 2001 at 5:00 p.m..,
Southold Town Hall, 53095 Main Road, Southold, New York as the time and place
for a public hearing for the purchase of development rights of agricultural lands trader
for a certain pm'cel of property owned by John and Sandra Scott.
e:Elizabeth A. Nevilld
Southold Town Clerk
Sworn before me this
~dayof Decembe~r ,2000.
~ Notary Public
~u~_u. c, state of ~
_ NO. U~BO602~
~1~ ~ S~olk ~
Te~ ~V~~