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HomeMy WebLinkAboutC&D Realty (Mattituck Creek access)
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1000-113-4-1
Baseline Documentation
Premises:
3640 Cox N.eck Road
Mattituck, N ew York
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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
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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
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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
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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
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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
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RESOLUTION 2006-507
ADOPTED
DOC ID: 1904
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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:
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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.
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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.
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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
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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.
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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
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Updated: 6/2/2006 8:56 AM by Lynda Bohn
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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
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SUPERVISOR RUSSELL:
Close the hearing.
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Would anybody else like to comment on this? (No response)
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r6!l,A~O~
~:~:~-A:'Neville
Southold Town Clerk
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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
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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
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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
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I DeSCrIbe: '-
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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)?
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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?
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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
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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:
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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
-~~~~-------~~~~~- ------------~--------~_.~._----- - .--- -------._---- ---...,._---._--~~--~-_._--------_.._- ." -~-_._----._-----~---~.------ -~ - -~ -
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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:)-
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---\''?.!_~:t_~~11_- ~ __ __ _____
Print of type N" ~_~~irl~:{l ^:_~ncy
__ gild un: of Responsihle OffiU::'f ill lei-lcl/\gC'llC)'
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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.
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Updated: 6/19/2006 9:31 AM by Melanie Doroski
Page 3
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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
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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
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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
/
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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
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STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH ALTA OWNER'S POLlCY (1011 7/92)
CONDITIONS AND STIPULATIONS
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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
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INSURANCE COMPANY
STEWART TITLE@
POLICY
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300 East 42nd Street
New York, New York 10017
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INSURANCE COMPANY
STEWART TITLE@" t
POLICY
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INSURANCE COMPASY
STEWART TITLE@
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300 East 42nd Street
New York, New York 10017
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INsrRANCE COMPANY
POLICY
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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.
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Generated July 12, 2006
Page 33
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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
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James T. Dubovick, Supervisor Russell, Clifford Cornell
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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.
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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
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Land AV: 1,000
Total AV: 1.000
Miscellaneous
8 oak: 10237
Page: 00578
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Acet No: 14
Land 0 of 0
T a"able Value
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Muni: 1.000
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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
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JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
RlVERHEAD, N.Y. 11901
369 8288 Fax 369 8287 REF. \\Compaqserver\pros\06\06-195.pro
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