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HomeMy WebLinkAboutC&D Realty (Mattituck Creek access) --- V~ '--;ii'f'01If'-'__:_f1:~ . 1000-113-4-1 Baseline Documentation Premises: 3640 Cox N.eck Road Mattituck, N ew York . 0.78 acre Open Space Acquisition C&DREALTY to TOWN OF SOUTHOLD Deed dated June 28, 2006 Recorded July 12, 2006 Suffolk County Clerk - Liber D00012458, Page 948 . . SCTM #: 1000-113-4-1 Premises: 3640 Cox Neck Road Hamlet: Mattituck Purchase Price: $200,000.00 (per contract) Funding: CPF Land Bank (2% funds) CPF Project Plan: Yes . Total Parcel Acreage: 0.78 acre Zoned: R-40 Existing Improvements: In June 2006- partial wood bulkheading in southeast corner . . P R o P E R T Y . V I S U A L S . Subject Front 3640 cox NECK ROAD Sales Price Nt A Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age res/creekfronUavg 32,670 sf/wtrview/avg Subject Waterview Subject Street . E N V I R o N M E N T A L . . I N S P E C T I o N . . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Telephone (631) 765-1892 Fax (631) 765-6641 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 9, 2006 rt3)~ ~ ~ ~ W ~rf)) lfl] JUN 1 2 2006 lW Melissa Spiro Department of Land Preservation Southold Town Hall Annex Southold, NY 11971 Re: SCTM # 1000-113-4-1 C&DREALTY 3640 COX NECK ROAD, MATTITUCK DEPT. OF LAND PRESERVATION Dear Ms. Spiro: Trustee Jim King and I inspected the above referenced property on June 9, 2006. The parcel is bordered to the north by Cox Neck Road and to the south by Mattituck Creek and is predominately wooded. We found no evidence of major environmental hazards. A large diameter pipe runs through the property and discharges storm water into Mattituck Creek, and has created a drainage ditch. Spartina alterniflora, Spartina Patens and Phragmites are growing along the shoreline. The upland is primarily Red Maple, Wild Black Cherry, and Eastern Red Cedar. A bulkhead along a small portion of the shore could be a hazard and should be removed. It isn't providing any erosion control. There is a small amount of dumping of organic debris on the eastern part of the parcel near the road, grass clippings and tree trimmings. The piece has some healthy habitat along the shore and in the upland. The upland would be a great place to create a naturalized pond, to capture and filter water that has been . running from the pipe directly into the creek. Removal of the pipe would also give the Spartina along the shoreline an opportunity to revegetate in that area. Please contact this office if you have any further questions. Very truly yours, ~ CuoevvL Heather Cusack Environmental Technician . . ,.w ~''I..'' ..- "'-'''~''~-.." "l~ri'" ,~ ,,-..:.... , ~~...~.~/J~~- ...~;,' ;"'):~ "- t'J. l~ ~:l -Z~'. m',~ "'."'~~"""""'~'"'''''''' " ','., , 0. . r;;'.' "'o'/".,o,~ '''','e" . ." " 'i I:',' .1' OJi":-~';"', .. :':.' ..':;.: r '~, ..'.1., f, r" _Q).~ , " .. ,'!' {f> , . . '.,.;, ,.Jf' ,',. ~' '" , ". . " 0.' ~~" " "~\.:!'\ ,"~..r< '''' ''<: ~....-',,7':""". '0::;.1 ' , .- ..,'-;.(J~.." ,. ....,01",...... ..,.: >,_... . . ...~..~ ~.. ~ ~... ,.\ .; t",.,. ',t;", ,1. ~ Vi ~"" '" ., ~:.,.,..,.......-r "".~ m .~.;.{r nil ~aO:! il' .. t, ,~, .,. .., . . '. . . .""~~ ... -......._- " '.. 4., 'a.; I,,:' ~jl~;:.,= .'''~ ~~~~ ' '" ''':~ .~~ _'J' .. ." , "J: _ , .... - . l'i .. .. -:". . . . . p U B L I C . H E A R I N G . RESOLUTION 2006-507 ADOPTED DOC ID: 1904 . THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-507 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 6, 2006: . RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. June 20. 2006, at 5: 15 p.m.. Southold Town Hall, 53095 Main Road, South old, New York as the time and place for a public hearin2 for the purchase of open space on property currently owned by C&D Realty. Said property is identified as SCTM #1000-113-4-1. The address is 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly curve of Cox Neck Road approximately 260 feet from the intersection of Bergen A venue and Cox Neck Road in Mattituck in the R -40 zoning district. The proposed acquisition is for fee title and is approximately 0.75 acre (subject to survey). The property borders on Harold's Branch of Mattituck Inlet. / The property has been offered for sale to the Town of5:15 Southold below fair market value as a bargain sale. The purchase price for this open space parcel is $200,000.00 (two hundred thousand dollars). The property is listed on the Town's 2006 Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands. The property is to be purchased for the purpose of the preservation of open space, storm water remediation and water quality control. . As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (I) Sanitary Flow Credit is available upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. Resolution 2006-507 Board Meeting of June 6, 2006 . FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. / / a~a~H(tt. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans . . Updated: 6/2/2006 8:56 AM by Lynda Bohn Page 2 I , . . . SOUTHOLD TOWN BOARD PUBLIC HEARING June 20, 2006 5:15 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav, June 20, 2006, at 5:15 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of open space on property currentlv owned bv C&D Realtv. Said property is identified as SCTM #1000-113-4-1. The address is 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly curve of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.75 acre (subject to survey). The property borders on Harold's Branch of Mattituck Inlet. The property has been offered for sale to the Town of5:15 Southold below fair market value as a bargain sale. The purchase price for this open space parcel is $200,000.00 (two hundred thousand dollars). The propeliy is listed on the Town's 2006 Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands. The property is to be purchased for the purpose of the preservation of open space, stonnwater remediation and water quality control. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (I) Sanitary Flow Credit is available upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOnCE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Amlex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. This has appeared as a legal in the local newspaper and it has appeared as a legal out on the Town Clerk's bulletin board and I have a memo from Mark Terry, Senior EnvirOlUllental Planner and LWRP coordinator, 'To members of the Town Board and Supervisor, The proposed acquisition is for fee title of about % of an acre, known as the C&D Realty propeliy. The property borders on Harold's branch in Mattituck Inlet. Thc proposed action has been reviewcd to Chapter 95, the Waterfront Consistency Review of . SUPERVISOR RUSSELL: Close the hearing. * . . Would anybody else like to comment on this? (No response) * * * * r6!l,A~O~ ~:~:~-A:'Neville Southold Town Clerk . S E Q R A . R E S o L U T I o N . . . . Town of Southold - Letter Board Meeting of June 20, 2006 RESOLUTION 2006-560 ADOPTED Item # 30 DOC ID: 1956 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-560 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 20, 2006: WHEREAS, the Town Board of the Town of South old wishes to purchase property owned by C&D Realty for open space purposes pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as SCTM #1000-113-4-1. The address is 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly curve of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.75 acre (subj ect to survey) property; and WHEREAS, the subject property contains wetlands and borders on Harold's Branch of Mattituck Inlet. The property is listed on the Town's 2006 Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands. The property is to be purchased for the purpose of the preservation of open space, stormwater remediation and water quality control; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (I) Sanitary Flow Credit is available upon the Town's purchase of this property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEORA Rules and Re~ulations. 6NYCRR 617.1 et. Seq.; and, be it further Generated June 23, 2006 Page 52 . . . Town of Southold - Letter Board Meeting of June 20, 2006 RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ~..J~Q...:J~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated June 23, 2006 Page 53 . . . 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACIlONS Only PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPLICANT {SPONSOR: Southold Town Board 3. PROJECT LOCATION: Municipality: ~1..TT\"\OLb ~1.\Jt0 2. PROJECT NAME: .1> '<\'ttl.t '?vtt.\.w:.Sf" \.If 051"J County: Svt=fOL.l( 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc, or provide map) 3'40 (0' 11!t,Ic.1<:oo~ M~-\\;..,,,lc ) SC;CV\'" 10." 1'3'4-\ I S. IS PROPOSED ACl"ION: J Ii"i New [] Expansion 0 Modification -'~~~-~~~~ 6. DESCRIBE PROJECT BRIEFLY: 0"'''' '1'((\\+4 'j'''r,,,~'>L of 0.75 OC(( \,,<11.,1. """l,,'>'I'1u I>( )'"<<",-....& .(.'i'c t'"'j'o<e o+~ 1'(. S-e\ J 0.." I,,.., crt'.('<"<,,~,,ctJ st.,,"""'......!l. .,.("'(~;"'.l.\"" ~ wo.,....( 1vc,.\,l..r {o","I.\. .._~_~~~~~__~_~____ 7. AMOUNT OF LAND AFFECTED: INfTALL y ~?~___ _ acres ULTlMATEL Y ___ ()I 75_ acres r~~~Ill;;;P~~~~-ACTIO~ C;~Pl v ;~H EX;~~~ ZO~INGO~~T;~;~~~~~~-LA~D U~~ -REST~CTIONS? IV: I - Yes No if No, describe briefly ! l----~----- ""-~~'~~.~.-.". ------- -- ._____. I 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? iN . r r ~. r : 'f. Reslucllli<-ll C:ollllllE'rciJI Industrial ArJrlclIltul-e I . I DeSCrIbe: '- r PclrvJForcst/Opcn span' Other f~----~----------- --_~.._ ___,______ ______.____~___ ._____.___~_______________ 110. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL i AGENCY (FEDERAL, STATE OR lOCAl)? I Ir Ff ! Yes Nu . --I If yes, kc;t agency(s) and p'-'fflul/apfNova/s r-. 111. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? I I I I I ---~---! rr fiT Yes No it yes; list agcncy(s) iJnd permiClap/i/ova!<-,- i 12. AS RESULT OF PROPOSED ACOON WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ir F)<l Yes rlo iu I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST or MY KNOWLEDGE /'1'1" ",III" WI' ,","" ~'rt-.~,j~r ~Q^.d rl'S, CO()(l/, __ 1\,((' 11'iI1Jt""~_~ If the ilctiol1 is in the Coastill Are;), and you are a state a<jency, complete the Coastal Assessment Form before proceeding witll this <lSScssrnent 'l~J 0' PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 . A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 o YeSflJ No ffyes coordinate the review process and use the full EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 o Y I't1 d es No If no/ a negative declaration may be suspended by another Involve agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or dispo~a,I, potential for erosion, drainage or flooding problem? Explain briefly; .1"0 C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Exl2lajn briefly: No C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: tV" C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: fJa CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: IJo C6. Long term, short term, cumulative, or other effects not identlfied in Cl-C5? Explain briefly: t\J . C7. Other-impacts (including changes in use of eIther quantity of type of energy)? Explain briefly: . ! i i I D. WILL T;;;-P;~;-E~ HAVE.~;';.rnPACT O;;TH~ i~VIRONM~NTAL CHARACTERICS THAT CAUSED THE EST~~LISHMENT OF A ~ CEA? r: fi<l -~~~~-------~~~~~- ------------~--------~_.~._----- - .--- -------._---- ---...,._---._--~~--~-_._--------_.._- ." -~-_._----._-----~---~.------ -~ - -~ - I _ji PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) lNSIRUCTlOfiS: fm- eaell ddvcr-sf' effect idcnliried abovc, dett':'rtnine whether- it is substantial, larg(:" or otl1elwise sigrlificarlt. Each effect should be assessed m corlllcctlO[l With rts (a1 settrng (I e urbdn or rutan, prohability of accunlrlQ, (c) duratroll, (dO rrreverslblllty, (e) qeograplllc scopr, ' and (1) rnagrlitLJrle. lr necessary, add attachments or rderenu-' suppurting !lliltcrials. Ensure that explanations contain suffici('llt detail to shmv I that all relC'.;ant iJdwrse impacts hove been identifiC'cI nlld adequately <lddrcssed. If question D of part II was checked yes, the determination and I' Significance ([lust evalu;)[(> the potential Impact of the proposed action all the cnvlt'Onmental characteristiCS of the CEA. ------------"---. .-..------._---._-----------~~--_._--------- --".._-_.~----~~-~------~-~.._-~~_._~----~~.~-_.._--_._--~-------_._~------_..-.,,----.".._.."----~-- E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RElATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? r;t \"es r No r 150 Checl< this box if you have identified one or maroc potentially Iar-gc or significant adver'se impacts, which may ocetH. Then proceed directly tn the FULL UNIRONHf::TNAI ASSlSSHE:N r FORH and/or prepare a positive declar-Cltioll. Check this box if you have determined, hased on the inforrlli1tion and analysis above and any supporting dOClllllclltaliof1, that the proposed action WILL NOT result in arlY significant ad,ll'rse environmental illlpacts AND pl"ovide on altachrncntc> as neccsSdry, tile reasons supporting this dcten~of1: ~ ---------------- _ _~~___.!:L~'::-t?__\_o'-'V,.",__oJ,~_~~__ Name of Loan ^qellc~ ___ ___ _\_~~_S~~~~~...lS_(J_,"- /JAIl. / _._ T TiittttOO.?J I R(OessPI:conSibl(> Otfic(>r -~--~~i\~r~t fr:om (;(;-C-:''-;POI1Sil;i; ()Hic~-r:)- i I I I I , I i uj ---\''?.!_~:t_~~11_- ~ __ __ _____ Print of type N" ~_~~irl~:{l ^:_~ncy __ gild un: of Responsihle OffiU::'f ill lei-lcl/\gC'llC)' . . p U R C H A S E . R E S o L U T I o N . . . . RESOLUTION 2006-576 ADOPTED DOC 10: 1957 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-576 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 20, 2006: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the property owned by C & D Realty on this 20th day of June, 2006, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-113-4-1 and 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly curve of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck; and WHEREAS, the subject property contains wetlands and borders on Harold's Branch of Mattituck Inlet; and WHEREAS, the open space acquisition is for fee title of the entire approximately 0.75 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value as a bargain sale. The purchase price for this open space acquisition is $200,000 (two hundred thousand dollars) plus acquisition costs; and WHEREAS, the property is listed on the Town's January 2006 update to the Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands; and WHEREAS, the property is to be purchased for the purpose of the preservation of open space, stormwater remediation and water quality control; and Resolution 2006-576 Board Meeting of June 20, 2006 WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (1) Sanitary Flow Credit is available upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit into the TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of open space, stormwater remediation and water quality control; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the property owned C & D Realty. Said property is identified as SCTM#1000-113-4-1. The address is 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly side of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck in the R-40 zoning district. The proposed acquisition for fee title is approximately 0.75 acre (subject to survey). and has been offered for sale to the Town of Southold as a bargain sale. The purchase price for this open space acquisition is $200,000 (two hundred thousand dollars) plus acquisition costs. Town funding for this purchase is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Updated: 6/23/2006 2:45 PM by Lynda Rudder Page 2 Resolution 2006-576 Board Meeting of June 20, 2006 Chapter 6 (Community Preservation Fund) of the Town Code; The proposed action has been , . reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (I) Sanitary Flow Credit is available upon the Town's purchase of the property. a~2;;t,,;~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . . Updated: 6/19/2006 9:31 AM by Melanie Doroski Page 3 . C L o S I N G . S T A T E M E N T . . CLOSING STATEMENT C & D REALTY to TOWN OF SOUTHOlD Open Space - 0.78 acre Premises: 3640 Cox Neck Road, Mattituck SCTM #1000-113-4-1 Closing took place on Wednesday, June 28, 2006 at 1 :30 p.m., Southold Town Hall Annex Purchase Price of $ 200,000.00 disbursed as follows: Payable to C & D Realty Check #86751 (6/28/06) $ 200,000.00 Expenses of Closing: . 2005/06 Real Property Tax Reimbursement $ 156 days@ $2.7311/diem based upon $996.86/yr Payable to C & D Realty Check #86751 (6/28/06) (*amount included in purchase disbursement) 426.05* Survey $ 1,100.00 Payable to John C. Ehlers land Surveyor Check #86813 (7/11/06) Title Report $ 1,228.00 Payable to Stewart Title Insurance Company Check #86753 (6/28/06) Fee insurance $1,028.00 Recording deed $ 200.00 Title Closer Attendance Fee $ 100.00 Payable to Patricia Fallon . Check #86752 (6/28/06) . Those present at Closing: Scott A. Russell Mary C. Wilson, Esq. Clifford Cornell James T. Dubovick Patricia Fallon Melissa Spiro Melanie Doroski . . Southold Town Supervisor Attorney for Town of Southold Seller (C&D Realty - partner) Seller (C&D Realty - partner) Title Company Closer land Preservation Coordinator Administrative Asst, land Preservation , ~"'''''''~ TOWN OF SOUTHOLD !II;) 53095 MAIN ROAD :'to, +..." SOUTHOLD, NEW YORK 11971.0959 50.546 214 PREPD-C & D CO<S:s:W61 NO. THE' SUFFoLx COuNTY w.1'JowiLBANi< CUTCHOOUE,NV'~, . DATE CHECK No, AMOWNT 0.6/28/20.0.6 . 86751 TWO HWDRED THOUSAND FOUR HUNDRED TWENTY SIX AND 0.5/10.0. DOLLARS $20.0.,426.0.5 PAY TO THE ORDER OF C & D REALTY C/O CORNELL & DUBOVICK PO BOX 910. SOUTHOLD NY 11971 ~~JdP/ "- ~ ./ 11'081;75.11' 1:02.1,051,1;1,1: I; j 000001, Oil' VENDOR 0.0.2998 C & D REALTY ,r 0.6/28/20.0.6 CHECK 86751 " k'TThTn fr 7\ CCOTlbTT P 0 it 111"01 C:g IYK~r:J;1IPTIC;N !'J'lCJUNT H3 .8660..2.60.0..10.0. H3 .8660..2.60.0..10.0. TBR576 0.6280.6 TBR576 0.6280.6 OPEN SPACE-.78 AC 20.0.,0.0.0..0.0. PROP TAX REIMB-156 DA 426.0.5 TOTAL 20.0.,426.0.5 . . '- ..J TOWN OF SOUTH OLD . SOUTHOLD, NY 11971-0959 --r,A, )jjfr . JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 6/19/2006 2006244 Bill To Town of Southold Town Hall Southold, N.Y. 11971 Your Client Your PO # Date of Service 6/19/2006 Description SCTM# My Job # 1000-113-4-2 06-195 Amount Current survey of approximately. 75 acres of property for open space acquisition. 1,10000 GLI08S 20 View 1 Vendor.. 005322 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Acti X 7/11/2006 7/11/2006 H3 .600 TOWN OF SOUTHOLD ** Actual EHLERS/JOHN C. -------------------------------- E F2=Shift Up F3=Exit FI0=Prev View 1IIrct Record(s) or Use Action Code Disburs Inquiry by Vendor Name Hi ............. .Detai1--GL100N.............. W-07112006-299 Line: 153 Formula: 0 : Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 7/11/2006 SDT 7/10/06 Trx Amount... 1,100.00 Description.. SURVEY-C & D REALTY Vendor Code.. 005322 Vendor Name.. EHLERS/JOHN C. A1t Vnd.. CHECK........ 86813 Invoice Code. 2006244 VOUCHER..... . P.O. Code.... 15205 Project Code. Final Payment Type of 1099. Fixed Asset.. Date Released Date Cleared. F3=Exit Fl2=Cance1 SCNB Liquid. BOX. 07 F M Y 7/11/2006 Add1. . . ................................................................................. .. pj);~ . STEWART TITLE INSURANCE COMPANY 125 Baylis Road, Suite 201, Melville, New York 11747 631-501-9615 fax 631-501-9623 Title No. 57- s- JUS Date to liS' J{}f:, . FEEINSURANCECOVERAGE ;;j,;(dlJ m,n, PREMIUM $ }iJR~. rrrl FAIR MARKET VALUE RIDER PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFERlMANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT BANKRUPTCY SEARCH ESCROW DEPOSIT FEE ESCROW DEPOSIT RECORDING FEES, ( I) DEED(S) d J7J . C1J ( ) SATISFACTION(S) ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFf'IDA VIT(S) ( ) ASSIGNMENT(S) TOTAL CHARGES $ /;;; ;}R.t'?, CLOSER CHARGES, IF ANY, PICK-UP FEE OTHER: " . ij;""""~~~ TOWN OF SOUTHOLD t :;,.1.1- 53095 MAIN ROAD ~.! SOUTHOLD, NEW YORK 11971.0959 50.546 214"" . PREPD~C & DCO~53 NO. . J1-IE.SUfFO\.KCOUNTYNATloNALBANK CUTCHOGUE,NY 11936 .. DATE QHEGK NO" AMOUNT 06/28/2006 86753 ONE THOUSAND TWO HUNDRED TWENTY EIGHT AND 00/100 DOLLARS $1,228.00 ~ '7~,~ PAY TO THE ORDER OF STEWART TITLE INSURANCE CO. 125 BAYLIS ROAD, SUITE 201 MELVILLE NY 11747 "- ./ lI'OBI;75:111' 1:02~1,051,1;1,1: 1;:1 00000 I, Oil' VENDOR 019624 STEWART TITLE INSURANCE CO. " 06/28/~006 CHECK Rh7C;, '\ FUND S. !'.CCOlJNT r.o.# INVOICE DEOCRI rTIOlI N!OillIT H3 .8660.2.600.100 H3 .8660.2.600.100 15204 ST-S-7125 15204 ST-S-7125 TITLE INS POLICY-C 1,028.00 DEED REC FEE-C & D 200.00 TOTAL 1,228.00 . . "- ./ TOWN OF SOUTH OLD . SOUTHOLD, NY 11971-0959 , 9""""~ TOWN OF SOUTHOLD ((It)') 53095 MAIN ROAD '::~!.s'tl SOUTHOLD, NEW YORK 11971-0959 , 50-546 214' PREPD-C & D CO~62 NO. T1-IE SUFi=ou< c::oumv tu.l1oNAL BANK CUTCHOGIJE,NY11Q35 DATE CHECK NO.. AMOUNT '-"- '.ONEMUNpRED AND 00/100 DOLLARS 06/28/2006 86752 $100..00 PAY TO' tHE :' ORDER OF, pATRICIA FALLON 40 WHITE OAK LANE SOUTHAMPTON NY 11968 .v~-( ~ '- ../ lI'oBI; 75211' 1:021.1.051.1;1.1: I; ~ 000001. Oil' VENDOR 006013 PATRICIA FALLON ,. 06/28/2006 CHF.l:K 86757. " f'T.JND .. ACCOUNT P.0. ti DW0ICE DECCRlrTlotJ M10UJ:J'f' H3 .8660.2.600.100 TBR576 062806 TITLE CLOSER FEE-C & 100.00 TOTAL 100.00 . . '- ./ TOWN OF SOUTH OLD . SOUTHOLD, NY 11971.0959 . R E C o R D E D . D E E D . . 111111I11111 1111I1111I1111111111 11111111111111111111111 11111111111I111111111 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 Receipt Number : 06-0067236 TRANSFER TAX NUMBER: 05-45481 Recorded: 07/12/2006 01:15:49 PM At: LIBER: PAGE: D00012458 948 District: 1000 Section: 113.00 EXAMINED AND $200,000.00 Block: 04.00 CHARGED AS Lot: 001.000 .ed Amount: FOLLOWS Received the FOllowing Fees For Above Instrument Exempt Exempt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $242.00 TRANSFER TAX NUMBER: 05-45481 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County . fi5)~~~~w~rm Ul1 AUG - 9 2006 l.W DEPl Of LAND PRESERVATION r[!][i] Number of pages . TORRENS Serial # Certi ficate # PriurClf. # Deed / Mortgage Instrument Deed I Mortgage Tax Stamp FEES This document will be pU IC record. Please remove all Social Security Numbers prior to recording. 3 Page I Filing Fee Handling 5. 00 TP-SE4 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Sub Total Jo--=- Comm. of Ed. s. JlCl.. Affidavit Certified Copy NYS Surcharge IS. 00 Sub Total Other ~3t~ . Grand Total Section IIJ.1J7) Block d'l'.lf7J 1000 11300 0400 4 Lot 601. fJ'D"O 001000 Real Property Tax Service Agency Verification 6 SatisfactionslDischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: (!}eUSS/I S'PIf!.O. /.../fN" f',('es~VA7?ol1l Sou T7ioDJ 70"",,-, fll1LL AA/A/ECX j! D. Box 1171 JUu 77oIoL6 J IV '-/ / ;q 7/ - 69 S''1 ~:ECORDE[r 2006 JuI 1:2 01:15:4'3 P~l Judi th H. Pascale CLERk OF SUFFOLf< COUUT'-,' L [:{lJjlJ 12458 P 948 DT# 05-45481 Recording I Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or Spec. /Add. TOT. MTG. TAX Dual Town _ Dual Counly ~ Held for Appointment _____ Transfer Tax -e- _ Mansion Tax The property covered hy this mortgage is or will be improved by a one or two family dwelling only. YES or NO ____ If NO, see appropriate tax clause on page # _ of this instrument. 5 Community Preservation Fund Consideration Amount $.?O:JM $ --er- CPF Tax Due lmproved~ Vacant Land V TO /U?U TO TO 7 Title Com an Information Co. Name Src<v"l-"-, 71"-,, Title # ST-S- 71.Jl.s- / ~I Suffolk County Recording & Endorsement Page This page forms part of the attached BI1R!;lhN ~Ai.A /\'J')Ui /)EF1l (SPECIFY TYPE OF INSTRUMENT) made by: (!...../J !2a,J..7't The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of II? 11 r n TUU{ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. . TO So ,-<r/ItJ/...J:, 7'; Un..) DF S {JU 77-10 LiJ (over) CONSULT YOUR LAWYER E}EFORE SIGNING THIS' INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 28th day of June , 2006 BETWEEN C & D REALTY. a New 3(,,1{0 U,1 N""K York General Partnership. G~4 1 N<<ctttwoc, tv Y 119,..2... . party of the first part, and TOWN OF SOUTHOLD. 53095 Route 25. P.O. Box 1179. Southold. New York 11971-0959 party of the second part, WITNESSETH, that the party of the first part, in consideration of TWO HUNDRED THOUSAND ($200,000.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, . ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being i1oJtile: at Mattituck. Town of Southold. County of Suffolk and State of New York, described as follows: BEGINNING at a concrete monument set of the Southeasterly line of Cox Neck Road (C.R. 84) at the Northeasterly corner of lands formerly of Vota now or formerly of Jacqueline Connolly; RUNNING THENCE along the Southeasterly line of Cox Neck Road (C.R. 84), the following three (3) courses and distances: 1) North 22 degrees 11 minutes 00 seconds East 77.4 feet to a point; 2) North 47 degrees 01 minutes 00 seconds East 125.3 feet to a point; 3) South 89 degrees 48 minutes 00 seconds East 142.3 feet to a pipe and lands formerly of Gallanos now or formerly of Louise Cahsen and Paul Katz; THENCE along said last mentioned lands South 5 degrees 31 minutes 00 seconds East 116.86 feet to the Howard's Branch of Mattituck Creek; THENCE South 65 degrees 25 minutes 10 seconds West along a tie line across Howard's Branch of Mattituck Creek 117.75 feet to lands formerly of Vota, now or formerly of Jacqueline Connolly; THENCE along said lands North 87 degrees 02 minutes 00 seconds West 167.55 feet to a concrete monument, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as conveyed to the party of the first part by deed dated December 8, 1986, and recorded in the Suffolk County Clerk's office on February 2, 1987, in Liber 10237. at Page 578. TOGETHER with all right, title and interest, if any, of the party of the first part in and to 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; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part 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. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above IN PRESENCE OF . By: iffor Cornell, p rtner ~~~-~~o~L written Standard N,Y.BTU Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 . / . . Stale of New York, County of Suffolk " TO BE USED ONLY WHEN THE ACKNOWLEDGMENT 18 MADE IN NEW YORK STATE " On the 28th day of June. in the year 2006 before me, the undersigned, personally appeared Clifford Cornell personally known 10 me or proved to me on the basis of satisfactory evidence 10 be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me thai he/she/they executed the same in his/her/their capacity(ies), and thal by his/her/their signalure(s) on the instrument, the individual(s), or the person upon betlalf of which the individual(s) acted, executed the instrument jJ~j..JU~ (signature and office of individual laking acknowledgment) Notary Public PATRICIA L. FALLON Notary Public, Stale Of New York NO.01FA4950146 Qualified In Suffolk County Commi3sion Expires April 24, ,;M?;i Slale of New York, County of Suffolk On lhe28th day of June. in the year 2006 before me, the undersigned, personally appeared James T. Dubovick personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by hisfher/lheir signature(s) on the instrument, lhe,individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument IlLt{L~ :f Jd~ (signature and office of individual taking acknowledgment) Notary Public PATRICIA l. FALLON NotClry Public, StHt8 Of New York No. 01 rA4850146 QII,~,lijil';cJ In SuHolk County Commi3sioll Expires April 24, c2..4l)7 State (or District of Columbia, Territory, or Foreign Country) of TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE " On the appeared day of in the year before me, the undersigned, personally personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to thewithin instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s} on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the ;n (insert the City or other political subdivision) (and insert the Stale or Country or other place the acknowledgment was laken) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. 5T-S-7125 Stewart Title Ins Co C & D REALTY TO TO~~ OF SOUTHOLD STANDARD FORM Of NEW YORK BOARD OF TITLE UNDERWRITERS Dislributedby 9 Commonw~~~:~m,.,'".," eol.1MONWEALTH I""Nll TInE INSUR"NCE CoM PAN\" (signature and office of individual taking acknowledgment) DISTRICT 1000 SECTION 113 BLOCK 4 LOT I tXOOtt1{'t:OR TOWN SOUTHOtD STREET ADDRESS 3640 Cox Neck Road }lattituck. NY Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY _~___BEILLRt,La'i ~~AII Tn Melissa Spiro, Land PreservatiOll Southold Town Hall Annex P.O. Box 1179 Southold, NY 11971-0959 RESERVE THIS SPACE FOR USE OF RECORDING OFFICE . RIDER TO DEED BETWEEN C & D REALTY AND THE TOWN OF SOUTHOLD DATED June 28, 2006 AS SET FORTH in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters 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 of those Chapters 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. TOWN OF SOUTHOLD By ~ / ~~~ SCOT A. RUSSELL Town Supervisor STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) . On the 28th day of June, 2006, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. .4h.l;'/;'. if.~ Notary Public PATRICIA L FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County '7 No Commission Expires April 24, 0'-<'07 . T I T L E . p o L I C y . ALTA OWNER'S POLICY - 10-17-92 " POLICY OF TITLE INSURANCE ISSUED BY .' STE~ART TITLE@ INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE@ " "' I ::t- cJ - tlflllP'u,-v"",,",, 1(,:.~~.~.~.1:!+. "- I. ~"~'?oPOI/'1"y.~ I "':r..; .-;\(') l~t 1987 oj~ \ . -'t:1 \~..~~w '{O~~.~ ~-~\ ~~~ Ju.. ~a~ IN8rRA~CE C()~.PASY Countersigned by: .' EXCLUSIONS FROM COVERAGE The following motters ore expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which orise by reason 01 I. (0) Any low, ordinance or governmenlol regulollOn (including bul nollimiled to building and zoning lows, ordinances, or regulollOns) restricling, reguloling, prohibiling or relating 10 (I) Ihe occupancy, use, or enjoymenl of the land; (ii) Ihe chorocler, dimensions or locolion of any improvemenl now or hereaher ereeled on Ihe land; (Iii) 0 seporolion in ownership or a change in the dimensions Of area of the land or ony parcel of which the land is or was a port; or (iv) environmental protection, or the effect of any violation of these lows, ordinances or governmental regulations, except to the extent that 0 notice of the enforcement thereof or 0 notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting Ihe land has been recorded in tlie public records 01 Dole of Policy. (b) Anygovernmenlol police power not excluded by (0) above, except 10 the exlenlthal 0 nolice oflhe exercise Ihereofor 0 nolice ofo defeel, lien orencumbronce resulting from 0 viololion orollegedviololion offeeling the land has been recorde dinlhepublicrecordsolDoteofPolicy. 2 Righls of ern in en I domain unless nolice of the exercise Ihereof lias been recorded in Ihe public records 01 Dale of Policy, but nolexcludlng from coverage any laking which has occurred prior 10 Date of Policy which would be binding on Ihe right of a purchaser for value wilhoul knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (0) creoled,suffered,ossumed or agreed 10 bylhe insured cloimonl; (b) nol known to Ihe Company, not recorded in Ihe public records at Dote of Policy, but known 10 tlie insured claimonl and nol disclosed in writlOg 10 Ihe Company by the insured claimant prior to the dote Ihe insured cloimanl beeome on insure dunderlhispolicy; (c) resulling in no loss or damage to Ihe insured claimant; (d) attaching or created subsequent to Dole of Policy; or (e) resulting in loss or damage which would nol hove been susloined if Ihe insured cloimonl hod paid value for the eslole or inleresl insured by Ihis policy. 4. Any claim which orises oul of Ihe transaction vesling in Ihe Insured the estale or interest insured by this policy, by reason of the operation of federal bankruptcy, slole insolvency, or similor credilors' riglilslows, Ihol is based on: (0) Ihe Ironsoction creating Ihe eslole or inlerest insured by Ihis polic ybeing deemed a froudulenl conveyance or fraudulenl lronsfer; or (b) Ihe tronsoction creoling the eslole or inleresl insured by Ihis policy being deemed a preferenliollronsfer excepl where the preferenliol transfer results from the failure: (I) 10limelyrecordlheinslrumentoflransfer;or (Ii) of such recordation to imporl notice 10 0 purchaser for value or 0 judgmenlor lien creditor. " ~~~z 1 of SerialNo 0-8831- 369076 "' NY-001 (10-17-92) . Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville New York 11747 Phone: (631) 501-9615 Fax: (631) 501-9623 Title No: ST-S-7125 / / Date: June 26, 2006 Mclanic Doroski Town of Sout/wld - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New Yark 11971-0959 RE: Borrower/Current Owner: Town of South old Premises: 3640 Cox Neck Road Mattituck, New York 11952 . Rcference: Approx. 75 acres - Vacant Land In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections ar questions, please do not hesitate to call. . . . . ALTA OWNER'S POLlCY SCHEDULE A Title No,: ST-S-7125 Policy No,: 0-8831-369076 Date of Policy: June 28, 2006 Amount of Insurance: $200,000,00 1. Name ofInsured: County: Suffolk Town of Southold 2, The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3, Title to the estate or interest in the land is vested in: Town of Southold, who acquired title by virtue of a deed from C & D Realty, by deed dated and to be recorded in the Suffolk County Clerk'sIRegister's Office, 4, The laud referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 113,00 Lot: 001.000, Block: 04,00 4612 (7/93) STEWART TITLE INSURANCE COMPANY Page 2 . Stewart Title Insurance Company Title No: ST-S-7125 Policy No.: 0-8831-369076 Schedule A Description (AMENDED 6/22106) ALL that certain plot, piece ar parcel of land with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New Yark, described as follows: BEGINNING at a concrete monument set on the Southeasterly line of Cox Neck Road (C.R. 84) at the Northeasterly comer of lands formerly of Vota now or formerly of Jacqueline Connolly; RUNNING THENCE along the Southeasterly line of Cox Neck Road (C.R. 84), the following three (3) courses and distances: I) North 22 degrees II minutes 00 seconds East 77.4 feet to a point; . 2) North 47 degrees 01 minutes 00 seconds East 125.3 feet to a point; 3) South 89 degrees 48 minutes 00 seconds East 142.3 feet to a pipe and lands formerly of Gallanos now or fonnerly of Louise Cahsen and Paul Katz; THENCE along said last mentioned lands South 5 degrees 31 minutes 00 seconds East 116.86 feet to the Howard's Branch of Matti tuck Creek; THENCE South 65 degrees 25 minutes 10 seconds West along a tie line across Howard's Branch of Mattituck Creek 117.75 feet to lands formerly ofVota, now or formerly of Jacqueline Connolly; THENCE along said lands North 87 degrees 02 minutes 00 seconds West 167.55 feet to a concrete monument, the point or place of BEGINNING. . . t.LTAOwNER'SPOL1CY SCHEDULE B Title No.: ST-S-7125 PolicyNo 0-8l\31-369076 EXCEPTIONS mOM COVERAGE This policy does not insnre againsllos. or damage (and the Company..viU not pay costs, alto,rney's fe"" or e..penses) which ari,se by reason of: 1. Survey made by John C. EWe," Land Surveyor, dated 6/112006 shows subject premises as wooded: (a) edge of phragrnites and wood bulkhead located; (b) two-foot diameter metal pipe, drainage treneh and edge of bog located. No varia!ions or encroachments shown. 2. RIPARIAN EXCEPTIONS, A) No lilk is insured to any ullld nOW unkr tM wakrs of "Mattituck Creek"', B) Subject to the rights of others to navigale Ihe waters of "MalUJ.uck Creek", C) Subject to the riparian rights of /1thel's tD "MaUitu.ck Creek". D) Riparian rig/lts oflhe /JI<'""r ojlhe subject premises are /lot insured. . E) Rights of the gurernment/ll authorilies 10 imp,....e /lavigation and challge bulkhead "lid shtlrelines ".ilhou.1 comp"lISotitln 1/1 uplond ow""rs, . 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY STEWART TITLE INSURANCE COMPANY . HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST-S-7125 / / ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 369076 I. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of tile insured as shown in Schedule A of this policy," 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the pnlicy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherv.rise 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. Signed on June 28, 2006 STEW ART TITLE Stewart Titl.e ~~anceComp J.Y.. .,.,' f"'".. .. Signed by: ~ 5 .'.. ~~- INSURANCE COMPANY ~< ~ :rPk~~ Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville, New York 11747 Agent No,: 327005 . STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLlCY (1011 7/92) CONDITIONS AND STIPULATIONS . 1. DEFINITION OF TERMS, The following terms when used in this policy mean, (a) "insured", the insured named in Schedule A, and, subjed to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation 01 law os distinguished horn purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporoteorfiduciorysu(cessors. (b) "insured claimant", on insured claiming loss or damage. (c) "knowledge" or "known", actual knowledge, not constructive knowledge or notice which may be imputed to on insured by reason of the public records as defined in this polley or any other records which Import constructive notice 01 morters affecting the land. (d) "land", the land described or referred to In Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modi~ or limit the extent to which a right of access to and lrom the land is insured by this policy. (e) "mortgage", mortgage, deed 01 trust, trust deed, or other security instrument. (n "public records", records established under state statutes at Date of Policy for the purpose of importing constructive notice of marters relating to real property to purchasers for value and without knowledge. With respect to Section I(o)(iv) of the Exclusions From Coverage, "public records" shall also Include environmental protection Il8ns filed in the records of the clerk of the United States dlstrld court for the district in which the land is lacated. (g) "unmorketabilityofthe title", an alleged or apparent marter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or Interest described in Schedule A to be released from the obligation to purchase by virtueofo controdual condition requiring the delivery 01 morketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITlE, The coverage of this policy sholl continue in force os of Dote of Policy in favor of on insured only so long as the insured retains on estate or interest In the lond,orholdson indebtedness secured by 0 purchase money mortgage given by a purchaser from the insured, or only so long os the insured sholl hove liability by reason 01 covenants of warranty mode by the insured in any tronsfer or conveyonce of the estate or interest. This policy sholl not continue In force in favor of any purchaser from the insured of either (i) on estoleor inleresl in the land, or (ii) an indebledness secured by 0 purchase money mortgage given to tlie insured. 3. NOTICE OF ClAIM TO BE GIVEN BY INSURED ClAIMANT, Tlie Insured sholl notl~theComponypromptlyinwrlting (i) In case of any litigation os set forth in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder of any claim of title or interest which Is adverse to the title to tlie estate or interest, os insured, and which might couse loss or damage for whlcli the Company may be liable by virtue of this policy, or (iii) if title to the estole or interest, os Insured, is rejeded os unmarketable. If prompt notice sholl not be given to the Company, then os to the Insured all liability of the CornpDrlY sholl terminate with regard to the matter or matters for which prompt notice is required; provided, however, thatloilureto noti~the[omponyshall in no cose prejudice the right of any insured under Ihls policy unless Ihe Company sholl be prejudiced by the loilure and then only to the extent of the prejudice. 4 DEFENSE AND PROSECUTION OF AGlONS; DUTY OF INSURED ClAIMANT TO COOPERATE. (a) Upon wrirten request by the insured and subject to the options contained in Section b of these Conditions and Stipulations, the Company, at Its own cost and wilhoul unreasonable delay, sholl provide for the delense of on Insured in litigation in which any third porty asserts 0 claim adverse to the title or interest as insured, bul only os to those stated couses of action alleging 0 defect, lien or encumbronce orolher morter insured against by this polley, The Company shall hove the right to seled counsel 01 its own choice (subject 10 the right of the Insured to objeclfor reo son able couse) to represent the Ins uredoslolhosesloted couses 01 action and shall not be IlOble for and will not pay tlie lees of any other counsel. The [omponywlll not pay any fees, costs or expenses Incurred by the insured III the delellse of those causes of oct ion which allege lOaners not insured against by Ihis policy (b) The [ompony shall have the righi, at its own cost, 10 institute and prosecule any action or proceedillg 01 10 do ollyolher oct which in its opinion may he necessoryor deslroble to establish Ihe tllle to the estate or interest, oslnsured,orto p reventor reduce loss or damage to the insured. The [ompony may toke any appropriate octlOn under the terms of this policy, whether or not it sholl be liable hereunder, and sholl not thereby concede liability or waive any provision 01 Ihis polley If the [ompony sholl exercise It rights under thiS porogroph,ltsholldosodiligently . . W Whenever the [omponyshall hove brought an odion or interposed o defense " required or permirted by the provisions of this policy, the Company may pursue any litigotior to final determination byo court of competent jurisdiction and expressly reserves the right, Ir its sole discretion, to appeal from any adverse judgment or order. (d) In all coses where this policy permits or requires the [ompany to prosecute 0 provide for the defense of any action or proceeding, the Insured sholl secure to the Componi the right to so prosecute or provide defense in the action or proceeding, and 011 oppeol, therein, and permit the Company to use, at its option, the nome of the insured for thi, purpose. Whenever requested by the [ompany, Ihe insured, ollhe [ompany's expense, shol give the Company 011 reosolloble aid (I) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the actIOn or proceeding, or effectln! sertlemenl, and (ii) in OilY other lawful oct which ill the opinion of the [ompony may b, necessary or desiroble to establish the title to the estale or interes tosinsured. Ifth, [ompony is prejudiced by the failure of the Insured 10 furnish the required cooperation, II" [ompony's obligations 10 the Insured under the pohcy sholl terminate, including any liobili~ or obligation to defend, prosecute, or continue any litigatIOn, with regOld to the morter 0 matters requiring such cooperation 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Sedion 3 of these Conditions one Stipulations hove been provided the [ompony, 0 proof of loss or domo ge signed and swornt( by the IlIsured claimant sholl be furnished to the [ompony within 90 days after the insurec claimant shall ascertain Ihe facts giving rise to the loss or damage. The proof 01 loss 01 damage sholl describe the deled in, or hen or encumbronce on the title, or other morter insured against by this policy which constilutes Ihe basis of loss or damage and sholl state, tc the extent possible, the basis of colculoting the amount of the loss or damage If th, [omponyis prejudiced by the failure of the insured claimant to provide Ihe required proof 0 loss or damage, the [ompony's obligations to the insured under the policy sholl terminate. including any Ilohility or obligation to defend, prosecute, or colltinue any litigation, witl regord 10 the morter or marters requiring such proal of loss or damage In addition, the insured claimant may reasonably be required to submit to exominatior under oath by any authorized represelllotive of Ihe [ompony and sholl produce fOI examination, inspection Grid copying, at such reasonable times and ploces os may bE designated by any outhollzed representative of Ihe [ompony, 011 records, books, ledgers. checks, correspondence and memorando, whether bearing a dote before or oher Date 0 Policy, which reosollably pertain to the loss or damage. Further, If requested by on\ authorized represenlative ollhe [ompony, Ihe insured clolmonlshall gront its permission, Ir writing, for any authorized representative oflhe [ompanyto examlOe, inspect and copy 01 records, books, ledgers, checks, correspondence and memoranda in the custody or controlofc third party, which reasonably pertain to Ihe loss or domoge All Informotioll deslglloted" collfldellliol by the insured clOImont proVided to the [ompony pursuant to this Section shal not be disclosed to others unless, In the reasonable judgment of the [ompony, Ilis necessorl in the odministrolion of the claim. Failure of the insured claimant 10 submit for exomlOotior under oOlh, produce other reasonably requested information or grant permission to securE reasonably necessary information from third porties os required in this porogroph shall termillateonyllobilityofthe[omponyunderthispolicyostotholclo1m. b. OPTIONS TO PAY OR OTHERWISE SETlLE ClAIMS; TERMINATION OF LIABILITY, In cose of 0 claim under Ihis policy,lhe [ompollY sholl hove the lollowing additional options: (0) To Pay ar Tender Payment o!the Amount 01 InsulOnce. To pay or tender payment of the omountofinsuronce under this polley to getherwithonl costs, attorneys' fees and expenses incurred by the insured claimant, which were authorizec by the [ompony, up to the time of payment or tender of payment and which the [om pony I, obligated to pay. Upon the exercise by the [ompany of this option, 011 liability and obligations to thE insured under this policy, other than 10 make the poymenl required, sholllerminote, Including any liability or obligolion to delend, prosecute, or conlinue any Illigolion, and the polICY shall be surrendered to Ihe Compollyfor callcellotion. (b) To Payar Otherwise Sertle With Parties Other than the Insured or With the Insured [Ioimont. (I) 10 payor otherwise sertle wllh other parties tor or in the nome of on insuree claimant any claim insured against ullder this policy, together with any cosls, onorneys' fee' and expenses incurred by the insured claimant which were authorized by the Company uptc Ihe lime of paymenl and which the [ompony IS obligated to pay; or (il) 10 payor otherwise senle with the IOsured claimant the loss or damagE provided lor under Ihis policy, together with anyeosts, artorneys' fees and expenses incurred by the rnsured claimant whICh were oulhOlized by the Company up to the time of payment and whICh the [omponYllobllgoted 10 pay. /continued and concluded on last Daoe of Ihis Dolicvl ~UNUIIIUN~ ANU ~ III'ULA IIUN~ ~omlnuea (continued and concluded from reverse side of Policy Face) / Upon the exercise by the Company of either of the options provided for in porogrophs . (b)(i) or (ii), the Company's obligations to the insured underthispolicyforthecloimedlQssor damage, other than the payments required to be mode, sholl terminate, including any liabilityorobligationtodefend,prosecuteorcontinueanylitigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. . This policy is a controct of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insuredagainstbythispolicyandonlytothee~enthereindescribed. (a) The liability of the Company under this policy shall not exceed the leostof (i) the Amount 01 Insuronce stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest os insured and the value of the insured estate or interest subject to the defect, lien or encumbron" insured against by this policy (b) In the event the Amount of Insuronce stated in Schedule A at the Dote of Policy is less than 80 percent olthe value of the insured estate or interest or the full consideration paid for the estate or interest, whichever is less, or if subsequent to the Dote of Policy on improvement is erected on the land which increases the value oithe insured estate or interest by at leost 20 percent over the Amount of Insuronce stated in Schedule A, then this Policy is subject to the following, (i) where no subsequent improvement has been mode, os to any partial loss, the Company sholl only pay the loss pro rota in the proportion that the amount 01 insuronce at Date of Policy beors to the total value of the insured estate or interest at Dote of Policy; or (ii) where 0 subsequent improvement has been made, as to any portialloss, the Company sholl only pay the loss pro rota in the proportion that 120 percent of the Amount of Insuronce stated in Schedule A beors to the sum of the Amount of Insuronce stated in Schedule A and the amount expended for the improvement. The provisions of this porogroph sholl not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and sholl only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insuronce stated in Schedule A. (c) The Company will pay only those costs, attorney's lees and expenses incurred in accordance with Section 4 of these Conditions and Strpulotions. 8. APPORTIONMENT. . If the land described in Schedule A consists of two or more parcels which ore not used as o singlesite,onda loss is established affecting one or more of the po rcels but not 011, the loss shall be computed and settled on a pro rota basis os if the amount ofinsuron" under this policy was divided pro rota as to the value on Date of Policy of eoch seporote parcel to the whole, exclusive of any improvement mode subsequent to Dote of Policy, unless a liability or value has otherwise been agreed upon os to eoch parcel by the Company and the insured at the time of the issuance of this policy and shown by on express statement or by on endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (0) If the Company establishes the title, or removes the alleged defect, lien or encumbronce, or cures the lackofo right of access to or from the land, or cures the claim 01 unmorketobility of title, olios insured, in 0 reasonably diligent manner by any method, including litigation and the completion of any appeols therefrom, it sholl hove fully performed it obligations with respect to that matter and shall not be lroble for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall hove no liability for loss or damage until there has been a final determination by 0 court of competent lurisdiction, and disposition 01 011 appeols therefrom, adverse to the title os insured. (c) The Company sholl not be liable for loss or damage to any insured for liability voiuntorily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 1 D. REDUGlON OF INSURANCE; REDUGlON OR TERMINATION OF LIABILITY. All payments under this policy, except payments mode for costs, attorneys' fees and expenses, sholl reduce the amount 01 the insuronce pro tanto. 11. lIA8111TY NONCUMUlATIVE. It is expressly understood that the amount 01 insuronce under this po licysholl be reduced by any amount the Company may pay under any policy insuring 0 mortgage to which . exception is token in Schedule B or to which the insured has agreed, assumed, or token subject, or which is hereafter executed by on insured and which is a chorge or lien on the eslate or interest described or referred to in Schedule A, and the amount sa paid shall be deemed a pnyment under this policy to the insured owner. 12. PAYMENT OF lOSS. (a) No payment sholl be mode without producing this policy for endorsement of the payment unless the policy has been Inst or destroyed, in which case proof of loss or destruction sholl be furnished to the satisfaction of the Company. (b) When liability and the e~ent of loss or damage has been definitely fixed in oecordonce with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereofter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall hove settled and paid 0 claim under this policy, all right of subrogation shall vest in the Company unaffected by any oct of the insured claimant. The Company sholl be subrogated to and be entitled to 011 right and remedies which the insured claimant would hove hod against any person or property in respect to the claim hod this policy not been issued. If requested by the Company, the insured claimant shall tronsfer to the Company 011 rights and remedies ogaiost any person or property necessary in order to perfect this right of subrogation. The insured claimant sholl permit the Company to sue, compromise or settle in the name of the insured claimant and to use the nome of the insured claimant in OrlY tronsaction or litigation involving these rights or remedies. If 0 payment on account of 0 claim does not lully cover the loss of the insured claimant, the Company sholl be subrogated to these rights and remedies in the proportion which the Company's payment beors to the whole amount of the loss. II loss should result from any oct of the insured claimant, os stated above, that oct shall not void this policy, but the Company, in that event, sholl be required 10 pay only that port of any losses insured against by this policy which sholl exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Componys Rights Against Non-insured Obligo~. The Company's right of subrogation against nan.insured obligors shall exist and shall Include, without limitation, the rights 01 the iosuredto indemnities,guoronties, other policies of insuronce or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason ofthisp olicy. 14. ARBITRATION Unless prohibited by opplicoble low, either the Company or the insured may demand orbitrotloo pursuant to the Title Insuronee Arbitrotion Rules of the Americon Arbitrotion Association. Arbitrable matters may include, but ore not limited to, any controversy or claim between the Company and the insured orising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All orbitroble matters, when the Amount of Insuranee Is Sl,DOO,ODD or less sholl be orbitroted at the option of either the Company or the insured. All orbitrable matters when the Amount of Insuronce is in excess of 51,DDO,000 sholl be orbitrated only when agreed to by both the Company and the insured. Arbitrotion pursuant to this policy and under the Rules in effect 00 the date the demand for orbltrotion is mode or, at the option of the insured, the Rules in effect at Dole of Policy sholl be binding upon the porties. The aword may include attorneys' fees only if the lows of the state in which the land Is located permit 0 court to oword attorneys' fees to a prevailing porty. Judgment upon the oword rendered by the Arbitrator(s) moy be entered in any court having lurisdiction thereof. The low of the situs 01 the land shall apply to on orbitrotion under the Title Insuronce Arbitrotion Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRAG. (0) This policy together with 011 endorsement, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy sholl be coostrued osa whole. (b) Any claim of loss or damage, whether or not based on negligence, and which orises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, sholl be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, 0 Viee President, the Secretory, on Assistant Secretory, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. Intheeventonyprovisionofthepolicyisheldinvolidorunenforceoble under applicable low, the policy sholl be deemed not to include that provision and all other pravisions sholl remain In full force and eHect. 11. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company sholl include the number of this policy and sholl be addressed to the Company at 3DD East 42nd Street, New Yor~ New York 1 DD11. s'rEWART TITLE@ INSrRANCF. COMPANY " . t INSURANCE COMPANY STEWART TITLE@ POLICY OF TITLE INSURANCE INSURANCE COMPANY STEWART TITLE@ 300 East 42nd Street New York, New York 10017 ,- " INSURANCE COMPANY STEWART TITLE@" t POLICY OF TITLE INSURANCE " INSURANCE COMPASY STEWART TITLE@ " 300 East 42nd Street New York, New York 10017 " - :~ STE"\VART TITLE@,', INsrRANCE COMPANY POLICY OF TITLE INSURANCE STEWAR'l'TI'l'LE@ INS-'::UA:'oo'CE COMPANY . S A N I T A R Y . F L o W C R E D I T . . / / . . Town of Southold - Letter Board Meeting of July 11, 2006 RESOLUTION 2006-601 ADOPTED Item # 25 DOC ID: 2005 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-601 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 11,2006: WIIEREAS, on June 28, 2006, the Town of Southold purchased Fee Title to the parcel owned by C & D Realty; and WHEREAS, said property is identified as SCTM#1000-113-4-1 and 3640 Cox Neck Road, Mattituck, New York; and WHEREAS, said property is 0.78 acres, as per a survey prepared by John C. Ehlers Land Surveyor, dated June 6, 2006; and WHEREAS, the property contains wetlands and was appraised and valued as one non-subdividable building lot; and WHEREAS, said property is located within the Low-Density Residential R-40 Zoning District; and WHEREAS, said property is located within the Mat1ituck-Cutchogue School District; and WHEREAS, the dced rccordcd as part ofthe purchase prohibits the use of the property for any residential, commcrcial or industrial uses and prohibits thc use of the property for anything other than open space; and WHEREAS, as per Chapter 117 f/k1a1 Chapter 87, Section 87-5 (Detennination of Sanitary Flow Credit to be Deposited in the TOR Bank) of the Town Code, the Land Preservation Coordinator provided the Tovm Board with a calculation of the sanitary flow credits available for Generated July 12, 2006 Page 32 Town of South old - Letter Board Meeting of July 11, 2006 . transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, one (I) sanitary flow credit is available from the parcel; be it therefore RESOLVED that the Town Board of the Town of South old hereby places one (1) sanitary flow credit into the Town TDR Bank from the Town's fee title purchase of the property owned bv C&D Realty; and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of 1 (one) sanitary flow . credit into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ar~C7.t;k~tJ..' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . Generated July 12, 2006 Page 33 . P R o P E R T Y . R E C o R D S . . C & 0 REALTY to TOWN OF SOUTHOLD Open Space Acquisition 0.78 acre vacant land 3640 Cox Neck Road, Mattituck SCTM#1000-113-4-1 Closing took place on Wednesday, June 28, 2006 at 1 :30 p.m., Southold Town Hall Annex . . James T. Dubovick, Supervisor Russell, Clifford Cornell . . . MELISSA A. SPIRO LAND PRESERV ATION COORDINATOR me lissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold. New Yark MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOlJTHOLD To: Supervisor Russell Town Board Town Clerk land Preservation Commillee Town Attorney Tax Assessors Suffolk County Division of Real Estate South old Town Board of Trustees From: Melissa Spiro, land Preservation Coordinator Date: June 28, 2006 Re: C & D REALTY to TOWN OF SOUTHOlD Open Space Acquisition SCTM #1000-113-4-1 Building Department Data Processing Town Comptroller Stewardship Manager Planning Board The Nature Conservancy Peconic land Trust Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. lOCATION: 3640 Cox Neck Road, Mattituck PROPERTY OWNER: PURCHASE DATE: Closing took place June 28, 2006 C & D Realty (Clifford Cornell and James T. Dubovick) PURCHASE PRICE: $200,000 per contract (this purchase was not based on a per acre figure) OPEN SPACE ACREAGE: 0.78 acre (vacant land) Community Preservation Funds - 2% land Bank FUNDING: MISCEllANEOUS: This property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its significant wellands. The purpose of this purchase is for open space, stormwater remediation and water quality control. One sanitary flow credit is available for transfer from this purchase. Such transfer is subject to resolution of the Town Board. . . . MELISSA A. SPIRO LAND PRESERV A nON COORDINATOR melissa.spiro@town.southold.ny,us MAILING ADDRESS: P.O. Box 1179 Soulhold. NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer 01 Main Road & Youngs Avenue) Southold. New Yark Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 28, 2006 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re: Notice of New Owner SCTM #1000-1l3-4-1 Dear George: Please be advised that the Town of Southold acquired the property identified as SCTM #1000-113-4-1 located at 3640 Cox Neck Road in Mattituck for open space purposes by deed dated June 28, 2006. The Town purchased the property from C & D Realty. All future real property tax bills should be forwarded directly to the Town of South old Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the property is declared exempt by the Town Assessors. Very truly yours, 1JI4~ Melissa Spiro Land Preservation Coordinator /md cc: Southold Town Assessors Town Comptroller . . . aar"~~~"~~"'-'H'H~:-7]1f'1,',~l.II'~ .1..1.1.,,-11 !I UlJ..I.,...r.I' 'I_Ill' ~. ~l~iie Vi:"" Tooi~a~He~____ _______ ____ ] ~I!! ED Illil I~ ~ ~ ~I 0 iii . e ~ 'i? Exemption Code Term Year Special D istricl Code F0030 MaUiluck FD PK071 Malliluck Pari Own Pel _.;!'I'~WV>~'0:\'H""~8"Tf','Q'!T' ,.- .~.~~ -"'IT??' ~""0""':.':T" ,.-,-" RIS:l School: M alliluck School Land AV: 1,000 Total AV: 1.000 Miscellaneous 8 oak: 10237 Page: 00578 Mortg: Bank: Acet No: 14 Land 0 of 0 T a"able Value County: 1 ,000 Muni: 1.000 School: 1.000 Sohl alier star: 1.000 Sile 1 ofl Prpels: Res yac land Nbhd Cd: 0 :Sewer: Water: Utilities: Building Total: 0 Pct Type .00 .00 Valuel .... Improvement T a" Type Name .00 .00 T SQFT Yr Built Total: 0 Dim1 Dim2 Prints th; screen 1star,1 ~ Inbox - ~1icr050ft Outlook I ~ Documentl- Micro,oft ... II ~RPS Version 4 - [Snap... . A E R I A L S . . 2..00 b SU"Fr-c Lie.. c..oo f...:>r~f ,~)C ^-'t A-P ) Q) '.~~\{,~ .,. \.~"cc' .:;, .C / \ \ \ 19.23 11.DA " 5.0A " 6.0A '\ . " 5.oA ~A T CH La~E SHSEC.NO.121 ) ,..", ";." ,,-[I. v' "'.;f'''''- !.!l ~,'.II.:!IJ.'.!J'., Tr_" I -I" "',.1:",:,11',' '-""1' ii.."; .'''''''1 ,'Qll1" "Cft'"",..., ere" ,C,r.-,j;,-rp.,,'- (/~%' COUNTY OF SUFFOLK CD ~., . ': Real Property Tax Service Agency _,\ !Sur' [mn', lee'''. ~ivcrr,eod, fj y 11.~Ol .~'::;'", ,,"'.1-1""1;,.:,".__,. ""'-,du;,'-'-' 'SS LJ; cf-E '-'1" -,".;[P-":i -,,[ "'_Ft . . . . . . . s U R V E Y . . SURVEY OF PROPERTY SITUATE: MATTITUCK TOY'lN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED June 6, 2006 SUFFOLK COUNTY TAX # 1000-113-4-1 CERTIFIED TO: Town of Southold SIewart 1itIe IDsunmce Company !1 Q / f4/ ! ~/ '-' / ' . / ..../ 0..../ ':V/ ! If I / / / GRAPHIC SCALE 1"= 30. FINAL SURVEY (CJt ~4) ~~ edCle of 2Q'::::?-.!!'~nt r ~e. i~ ~ '" to) / // ----- -- (~ -----~---------- -- ----;~~-:=~-~-,d~~8!O(}!_!E"r"~;.-~,$~,rr;w-Y"F"',-{-Y"IY '-142:3-0"<''''''-'''- JF ~ Gee) \/')0 ! \/"'" . . 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