HomeMy WebLinkAboutShalvey, Thomas & Russo Catherine
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1000-84-2-2.4
(f/k/a 1000-84-2-p/o 2.1)
Baseline Documentation
Premises:
5200 Bridge Lane
Cutchogue, N ew York
16.4307 acres
Development Rights Easement
THOMAS L. SHALVEY and CATHERINE RUSSO,
as Co-Executors of the Estate of Thomas L. Shalvey, Sr.,
DOROTHY SHALVEY and FRANK A. BLADOS, JR.
to
TOWN OF SOUTH OLD
Deed dated June 15, 2006
Recorded July 12, 2006
Suffolk County Clerk - Liber D00012458, page 923
. SCTM #: 1000-84-2-2.4
(f/k/a 1000-84-2-p/o 2.1)
Premises: 5200 Bridge Lane
Hamlet: Cutchogue
Purchase Price: $813,592.00
(15.6460 buildable acres @
$52,000/acre)
Funding: Community
Preservation Funds
(2% land bank)
CPF Proj ect Plan: Yes
. Total Parcel Acreage: 19.9356 acres
Development Rights: 16.4307 easement acres
(includes .7847 acre LIPA
easement excluded from
purchase price)
Reserved Area: 3.5409 acres
Ag Structure Area: 3.6671 acres (included in
easement area)
Zoned: A-C
Existing Improvements: In May 2006 -
. 1 Yz story framed vacant bldg; 2
steel LIP A towers; cultivated fields
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DESCRIPTION
1. LAND
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The subject is a parcel of land having an area of 16.13:t acres. It is part of a larger
property. We have been provided a conceptual map showing the subject portion of the
property as follows: A southerly border of 545:t'; an irregular westerly border of 1,277:t'
running along the easterly side of Bridge Lane; a northerly border of 545:t', and an easterly
border of 1 ,415:t', for a total area of 16 .13:!: acres
Overall, the subject has a very usable shape with fairly uniform width and depth.
We have included a copy ofthe Suffolk County Tax Map, showing the overall property
. of which the subject is a portion, in the addenda to this report.
Utilities (electric and telephone) are available along the property's road frontage.
Bridge Lane is two way, two lane, publicly maintained, macadam paved road. Public water
is not available in this area.
The property is encumbered with an easement benefitting the Long Island Power
Authority, for the purpose of power utility lines. It runs (east-west) through the central
portion of the property, and is approximately 60:!:' wide.
The property has a generally level topography and is mostly cleared. It is situated at
or near grade with the abutting road and is in use for agricultural purposes.
Land use surrounding the subject is primarily vacant and improved residential
properties.
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~GIVEN 19
A S ~ 0 C I A , E S
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A. DESCRIPTION (CONTINUED)
2. IMPROVEMENTS
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The subject is vacant land.
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B. PRESENT USE AND OCCUPANCY
The subject is vacant land.
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J!GIVEN
20
ASS 0 C I ~ 1 [ S
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SUBJECT PHOTOGRAPHS
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SUBJECT PHOTOGRAPHS
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Bridge Lane Facinq Northwesterly
Bridge Lane Facinq Southeasterly
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t. No Sanborn map coverage was available for the subject property or nearby area. Aerial
photographs from 1938, 1957, 1969, 1980, 1994, 1999,2001 and 2004 were reviewed in order to
determine if any prior uses occupied the subject property. The property was farmed in all of the
IltiaaMr
Phase I
Environmental Site Assessment
Shalvey Property
1.0
SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate and the Target
Protocol) on the subject property based on the four (4) basic components of a Full Phase I
Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and
evaluation and reporting.
The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk,
New York. The overall property is a 19.9-acre parcel of agricultural land. This report addresses
approximately 16 acres. The subject property is located on the east side of Bridge Lane,
approximately 350 feet north of Middle Road (CR 48). The rectangular shaped property has
approximately 1,310 feet of frontage along Bridge Lane. The property is more particularly
described as Suffolk County Tax Map # 1000-084-2-2.1.
The subj ect property is comprised of farmland, a dilapidated residential structure and a small
vegetated, unfarmed, sloped area. The farmed portion of the property had been tilled prior to the
site reconnaissance. The non-farm portion of the property contained an irrigation well, pump
engine and an associated 275 gallon, above ground storage tank. The tank was resting on the
ground. A battery, that was open to the elements, was connected to the pump engine at the time
of the reconnaissance. Several pieces of farm equipment, piping, a rusted, empty 500 gallon
storage tank and a discarded battery were observed in this area. Some recent disturbance was
observed around the pump engine as well as some small stained areas. There was an odor of
petroleum product in the area of the pump engine and storage tank. A high tension tower and
associated power lines were observed in the northern portion of the property. A pole mounted
transformer was located along Bridge Lane. No staining was observed in the area of the
transformer.
The dilapidated structure was centrally located along the western property boundary. The
structure was boarded up and surrounded by thick vegetation on the southern and eastern sides.
An electrical meter was observed on the southern wall of the structure. Debris was observed in a
heavily overgrown area at the rear of the structure. No vent or fill pipes were observed in the
area of the structure.
NELSON. POPE .s:. VOORHIS. LLC
I ENVIRONMENTAL. PlANNING. CONSULTING
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Shalvey Property, Greenport
Phase I ESA
aerial photographs. Additionally, a small structure adjacent to Bridge Lane was noted in all of
the aerial photographs.
An extensive government records search found no potential sources of environmental
degradation on the subject property. The subject property was listed as a PBS facility. A State
and County documented regulated site was noted in the vicinity of the subject property. One (1)
lliWDS was documented with one (1.0) mile of the subject property.
In conclusion, this assessment has revealed evidence of the following recognized environmental
conditions in connection with the subject property, subject to the methodology and limitations of
this report:.
1.
Debris observed on the subject property should be removed and properly disposed of
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2.
Visual examination and soil samples should be collected from the vicinity of the
pump engine and analyzed for the presence of volatile organic compounds (VOC's),
semi-volatile organic compounds (SVOC's) and metals to determine is a reportable
spill is present.
3.
If the property is to be used for residential purposes in the future, the soil should be
analyzed for pesticides and heavy metals.
4.
If the dilapidated structure is removed an asbestos survey should be completed in
accordance with NYS Industrial Code 56. In addition, any subsurface structures (i.e.
cesspools, wells, tanks) associated with the structure should be properly abandoned.
NELSOl\I, PCFE 6; VCXJAI-IIS. LLC
I ENVIRONMENTAL. PLANNING. CONSULTING
Page 20123
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06/19/2006 13:59 6317342411
06/15/2006 11: 11 FAX 163132563~4
B5TREAT5
t;as-t;ern ~Il" I.I"Ulllllt:Ul"iU
PAGE 02
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1ffffEastern Envi,'omnental Solutions, il1c.
119 North Phillips Avenue
P.OBox516
Speon!<, New Yark 11972
Office: (63/) 325-2700
Fax: (631) 325-8394
June 15,2006
Tom Shalvey
28320 Main Road
Cutchogue, NY 11935
Re: Petroleum Contaminated Soil Removal
Bridge Lane and Middle Road, Cutchogue. NY
Dear Shalvey:
On June 2, 2006. Eastern Environmental Solutions. Inc. (Eastern) excavated petroleum contaminated soil tram
in and around the subject area of the above referenced property. A lotal of three 55-gallon NYSDOT drums
filled with contaminated soil were properly disposed. Upon completion of the remedial work, no evidence of
petroleum contamination was observed in and around the subject area when scanned by visual and olfactory
means. Eastern concludes that no petroleum impacts remain and consequently no further action required.
If you should have any questions or concerns regarding this lener. please do not hesitate to contact the
undersigned at (631) 325-2700.
Very truly yours.
;~74=t~"oo'm'
.1:_ y .
President
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DEPl Of lAND
PRESERVATION
Investigation
'"Innovative Solutions (or Todav'J Environmental Concerns"
Remediation
Restoration
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View north along bridge lane
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View of high tension wires that cross property
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Farm equipment observed on ~P.:!!Y
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View ofballery observed in proximity to pump engine
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View of additional items observed on property
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L Source: DeLonne Street Atlas
. Scale: Not to Scale
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Shalvey Property, Cutchogue
Phase I ESA
FIGURE 1
LOCATION MAP
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Shalvey Property, Cutchogue
Phase I ESA
FIGURE 2
AERIAL PHOTOGRAPH
Source: NYSGlS Orthoimagery Program, 2004
Scale: I" ~ 300'
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Shalvey Property, Cutchogue
Phase I ESA
FIGURE 3
LAND USE MAP
Source: NYSGIS Orthoimagery Program, 2004
Scale: I" = 800'
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Sbalvey Property, Culcbogue
Pbase I ESA
FIGURE 4
ZONING MAP
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Source: Town of South old Zoning Map
Scale: 1" = 1 ,000'
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Shalvey Property, Cutchogue
Phase I ESA
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Shalvey Property, Culchogue
Phase I ESA
FIGURE 6
TOPOGRAPHIC MAP
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Phase I ESA
FIGURE 7
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Shalvey Property, Cutchogue
Phase I ESA
FIGURE 8
NYSDEC FRESHWATER WETLANDS MAP
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FIGURE 9
WATER MAIN DISTRIBUTION MAP
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Shalvey Property, Cutchogue
Phase I ESA
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Distance in Miles
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Taxies Targeting
1 Mile Radius Map
Shalvey Property
Culchogue. NY 11935
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Suffolk County
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ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southoldtown.northfork.net
.
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION # 2006-299
Resolution ID: 1691
Meeting:
Department:
Category:
03/28/0604:30 PM
Land Preservation
Misc. Public Hearing
/
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-299 WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 28, 2006:
.
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2%
Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday. April 11. 2006. at 8:00 p.m" Southold Town Hall. 53095 Main Road. Southold. New York as the
time and place for a public hearin!!: for the purchase of a development ri!!:hts easement on a portion of the
property owned by Thomas L. Shalvey. Jr. and Catherine S. Russo. as Executors of the Estate of Thomas
L. Shalvey. Sr" Dorothy Shalvey and Frank Blados. Jr. Said property is identified as part ofSCTM #1000-
84-2-2.1. The address is 5200 Bridge Lane, Cutchogue, New York. The property is located at the northeast
comer of Bridge Lane and County Road 48, extending approximately 1687 feet northerly along Bridge Lane
and approximately 124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district. The
proposed acquisition is for a development rights easement of approximately 16.5 acres On the 20.0 acre parcel.
The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation
Committee. The purchase price is $52,000 (fifty-two thousand dollars) per buildable acre.
The property is listed On the Town's Community Preservation Project Plan as property that should be
preserved due to its agricultural value, scenic vista, and as an aquifer recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land 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~'Qep~tJ..
Elizabeth A. Neville
South old Town Clerk
.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
.
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25
(Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesday, April 11,
2006, at 8:00 p.m., South old Town Hall, 53095 Main Road, South old, New York
as the time and place for a public hearine for the purchase of a development
riehts easement on a portion of the property owned by Thomas L. Shalvey, Jr.
and Catheriue S. Russo, as Executors ofthe Estate of Thomas L. Shalvey, Sr..
Dorothy Shalvey and Frank Blados, Jr. Said property is identified as part ofSCTM
#1000-84-2-2.1. The address is 5200 Bridge Lane, Cutchogue, New York. The
property is located at the northeast comer of Bridge Lane and County Road 48,
extending approximately 1687 feet northerly along Bridge Lane and approximately
124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district. The
proposed acquisition is for a development rights easement of approximately 16.5
acres on the 20.0 acre parcel.
The exact area of the purchase is subject to a Town provided survey acceptable to the
Land Preservation Committee. The purchase price is $52,000 (fifty-two thousand
dollars) per buildable acre.
.
The property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value, scenic vista, and as an
aquifier recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town
Hall Annex, 54375 Route 25, Southold, New York, and maybe examined by any
interested person during business hours.
Dated: March 28, 2006
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON APRIL 6, 2006, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL.
PO BOX 1179. SOUTHOLD. NY 11971.
Copies to the following:
The Suffolk Times
Land Preservation
Town Board Members
Town Clerk's Bulletin Board
Town Attorney
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SOUTHOLD TOWN BOARD
PUBLIC HEARING
APRIL 11, 2006
8:00 PM
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A PUBLIC HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS
EASEMENT ON A PORTION OF THE PROPERTY OWNED BY THOMAS L.
SHALVEY, JR. AND CATHERINE S. RUSSO, AS EXECUTORS OF THE ESTATE
OF THOMAS L. SHALVEY, SR., DOROTHY SHALVEY AND FRANK BLADOS,
JR.
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COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby
sets Tuesdav, April 11, 2006, at 8:00 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearine: for the purchase of a
development rie:hts easement on a portion of the property owned bv Thomas L.
Shalvev, Jr. and Catherine S. Russo, as Executors of the Estate of Thomas L.
Shalvev, Sr., Dorothv Shalvev and Frank Blados, Jr. Said property is identified as part
ofSCTM #1000-84-2-2.1. The address is 5200 Bridge Lane, Cutchogue, New York. The
property is located at the northeast comer of Bridge Lane and County Road 48, extending
approximately 1687 feet northerly along Bridge Lane and approximately 124 feet easterly
along County Road 48 in Cutchogue in the A-C zoning district. The proposed acquisition
is for a development rights easement of approximately 16.5 acres on the 20.0 acre parcel.
The exact area of the purchase is subject to a Town provided survey acceptable to the
Land Preservation Committee. The purchase price is $52,000 (fifty-two thousand dollars)
per buildable acre.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value, scenic vista, and as an aquifier
recharge area; and
FURTHER NOTICE is hereby given that a more detailed description ofthe above
mentioned parcel of land 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.
This has appeared as a legal in the local newspaper and it has appeared on the Town
Clerk's bulletin board outside. I don't have any further communications on this public
hearing.
.
COUNCILMAN KRUPSKI: Tom, I have been asked by Melissa Spiro, the Land
Preservation Coordinator for the Town to explain the project somewhat, as the Town
Board liaison to the Land Preservation Committee. The Land Preservation Committee is
meeting right now, there was a conflict between meeting times and they are meeting right
now, that is why Melissa couldn't be here to present this herself. If anyone would like to
.
come up, if anyone is interested, come up and take a look. The parcel is on the comer
here of Bridge Lane. As you can see, there is a significant amount of county and town
development rights purchases in this area and the parcel contains two homes on the
comer that are going to remain, the 3 Yz acres not to be purchased by the Town. There is
an ag structure area behind that and then the rest of it will be purchased by the Town, the
development rights.
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SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this
public hearing? (No response) I will close this hearing.
* * * * *
Elizabeth A. Neville
Southold Town Clerk
.
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LAND PRESERVATION COMMITTEE MEETING
Minutes of Regular Meeting held
Tuesday, February 22, 2005
Members Present: Ray Blum Craig Arm
John Sepenoski Fred Lee
Members Absent: Ray Huntington
Eric Keil
Michelle Zaloom
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Randy Parsons, The Nature Conservancy
Ibt2efuty r%t.efd evl
• SHALVEY PROPERTY: [executive session] 7.~22~~
SCTM #: 1000-84-2-2.1
Location: 5200 Bridge La, Cutchogue (n/e corner of Bridge & CR 48)
Total Acreage: 119.945 acres
PDR Acreage: 115.0 acres
Zoned: A-C
CPF: Yes
Reviewed status of application.
Melissa met with one of the landowners concerning a proposed plan for the
property that included the sale of development rights on approximately 151
acres, a 40,000 sq ft lot around the Bridge Lane structure, and a 2.91 lot around
the existing house and accessory structures.
MOTION made by Craig Arm, seconded by John Sepenoski, directing Melissa
Spiro to commission an appraisal based upon the concept plan, as presented by
landowner, on the subject property.
Motion carried 4l0.
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ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
POBox 1179
Southold,~ 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southoldtown.northfork.net
.
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION #2006-325
Resolution ID: 1731
Meeting: 04/11/0607:30 PM
Department: Land Preservation
Category: Seqra
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-325 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 11,2006:
WHEREAS, the Town Board of the Town of South old wishes to purchase a development rights
easement on a certain parcel of property owned Thomas L. Shalvey, Jr. and Catherine S. Russo,
as Executors of the Estate of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr.,
pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of South old.
Said property is identified as part ofSCTM #1000-84-2-2.1. The address is 5200 Bridge Lane,
. Cutchogue, New York, and is located on the northeast comer of Bridge Lane and County Road
48, extending approximately 1687 feet northerly along Bridge Lane and approximately 124 feet
easterly along County Road 48 in Cutchogue in the A-C zoning district. The proposed
acquisition is for a development rights easement of approximately 16.5 acres (subject to survey)
on the 20.0 acre parcel. The exact area of the development rights easement is subject to a Town-
provided survey acceptable to the Land Preservation Committee. The purchase price for the
easement is $52,000 (fifty-two thousand dollars) per buildable acre; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6~CRR 617.1 et. Seq.; be it
further
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; be it further
.
. RESOL YED 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 ofthe Town of Southold hereby finds no sil!nificant impact
on the environment and declares a nel!ative declaration pursuant to SEQRA Rules and
Rel!ulations for this action.
Pl~ -~Q."Q"'/~'"
Elizabeth A. Neville
Southold Town Clerk
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Page 2
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617.20
Appendix C
state Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNUSTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2
1. APPUCANT/SPONSOR: Southold Town Board
3. PROJECT LOCATION:
Munldpality: 'So.,... \0\ p,-
"'_1:
"", ~'A
=s:-;:;
County: SOfI'O"''''
4. PRECISE LOCATION: (Street address and road Intersections, prominent landmarks, ete, or provide map)
Sc::tm'" 1000 - 8'4 -2 -:I.,'
5.:100 ~;~~e LA,,~ c.;~oO~c. ,
t.>Ie (",,,.<< of. q,d'~LQ'( .. Cll'lB I ~...!,l"'o ~to.. 1,697 n.<'"t\.,,~ Q\""'i) ~,~\<Lc.~ .. Q?i""Ol<.
I2l\, ~ \" '" Cu...l....y.. .. .
5. IS PROPOSED ACTION:
Iii1l New 0 Expansion 0 Modlficabon
6. DESCRIBE PROJECT BRIEFLY: "t>. l L _ ~
-row" r"r~1oC ~ ~~~"'l',.;:lt ,,-,'1"'''' l::~"'ll'\
~l"'.
.~ '''oS"!:. c<c'(<"!, ~ )C:J..... CU!f<
7. AMOUNT.QF LAW> AFFECTED: 1/,5 ";..
INITALlY /.,5 - acres ULTIMATElY (0 acres
8. WILL PROPOSED ACITON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICITONS?
tzjyD f b
es No i No~ describe defly
~._~~~_._~~..~~,.~-~_..."-~~-~"..~-~
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
rRl Residential n Commercial 0 Industrial fi(: Agriculture n Park/Forest/Open space n Other
Describe:
110. DO~~ArnO~I~VO~~E A PE~~IT A~PR~~~L, OR FUNDING, N~W O~ UL T1-MATElY FR~M ANY OT~ERGO~ERN~ENTAL
~ENCY ~DERAL, STATE OR LOCAL)? "\" ""'.. 'i.o..a ~ C>\.~ ~(Nc:..9 .
Yes No if yes, list agency(s) and pemJitjapprovals
-~~--"~-~~-~~-~_.~.,~--.~"~_._,_.._~_._-_.~"-~
11. DOES ANY ASPECT OF THE ACITON HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
[] Y J)i '() d " I
es No if yes, dst agency, 5 an perm!v approva 5
~'2. A;;ESUl;OF ;R:;~SED ACITO;~~L EXI~~G PER~~~APPROVAL REQ~~~-~ MO;~~CATI~~-;------ - -------
,n (iC'
I Yes No
t~~-~-,-~.~-~._..~~-~..~~.~--~-._L~_~_.~_.~____.~_~._.'~.~.___.....~._.~."__._~___~~~____ '_ _________._"____ _____._
II CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
; Applicant/sponsor Name ffI'1;<b<c. ~1n~f\<.\.t'r'~ (00(2.
[ /J?1...1 . .
i SIgnature //'l/~~
~--- - - -- - - - - ~ - ~--~--=-- ------==-::------=-=-=- --
If the action is in the Coastal Area, and you arc a state agency, complete the Coastal Assessment Form before
proceeding with this assessment
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Date _ 3/2.2/0'_
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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 A?
o vesfj;J No If yes coordinate the ",View process and use the full EAF
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B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6?
o vesl5'.l No Ifno, a negative declaration may be suspended by another Involved agency
C. COULD ArnON 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
disposal, potential for erosion, drainage or flooding problem? Explain briefly:
1\)(.>
C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or communIty or neighborhood character?
Explain briefly:
O. ~~ation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
N~ .
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:
i\lo
CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. Lo~;erm, short term, aJmulative, or other effects not identified In Cl.c57 Explain briefiy:
C7. Other 'impacts (indudlng changes in use of either quantity of type of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICSTHAT CAUSED THE ESTABLISHMENT OF A
CEA?
o vesfiiQ No
.
E. IS THERE, OR IS THERE LIKEL V TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
o 15?
Yes No
PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCfIONS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should
be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope;
and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show
that aU relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and
significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
rg
Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then
proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration.
Check this box jf you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary, the reasons supporting this determinati~
c,.,.~ "0"'" ""\o....N '!>oAIt ~
c.. Name of Loan Agencr--
"7 loc..utJ
ency
Ifferent from of responsible officer)
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ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southoldtown.northfork.net
.
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION #2006-344
Resolution ID: 1732
Meeting: 04/1110607:30 PM
Department: Land Preservation
Category: Contracts, Lease & Agreements
,-
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-344 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 11,2006:
WHEREAS, the Town Board of the Town of South old held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by Thomas
L. Shalvey, Jr. and Catherine S. Russo, as Executors ofthe Estate of Thomas L. Shalvey, Sr.,
Dorothy Shalvey and Frank Blados, Jr., on the II th day of April, 2006, pursuant to the
provisions of Chapter 25 (Agricultural Lands 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 part ofSCTM #1000-84-2-2.1. The address is 5200
Bridge Lane, Cutchogue, New York, and is located on the northeast comer of Bridge Lane and
County Road 48, extending approximately 1687 feet northerly along Bridge Lane and
approximately 124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district;
and
WHEREAS, the development rights easement comprises approximately 16.5 acres (subject to
survey) on the 20.0 acre parcel. The exact area of the development rights easement is subject to a
Town-provided survey acceptable to the Land Preservation Committee; and
WHEREAS, the purchase price for the easement is $52,000 (fifty-two thousand dollars) per
buildable acre; and
.
. WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value, scenic vista, and as an aquifier
recharge area; and
WHEREAS, the property is in the vicinity of other lands preserved by the Town; and
/
,
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) 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 L WRP; and
.
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; now, therefore, be it
RESOLVED that the Town Board of the Town of South old hereby elects to purchase a
development ril!hts easement on al!riculturalland owned bv Thomas L. Shalvev, Jr. and
Catherine S. Russo, as Executors ofthe Estate of Thomas L. Shalvev, Sr., Dorothv Shalvev
and Frank Blados, Jr., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code
of the Town of South old. Said property is identified as part of SCTM #1000-84-2-2.1. The
address is 5200 Bridge Lane, Cutchogue, New York, and is located on the northeasterly side of
Bridge Lane extending approximately 1687 feet northerly along Bridge Lane and approximately
124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district. The
development rights easement comprises approximately 16.5 acres (subject to survey) on the 20.0
acre parcel. The exact area ofthe development rights easement is subject to a Town-provided
survey acceptable to the Land Preservation Committee. The purchase price for the easement is
$52,000 (fifty-two thousand dollars) per buildable acre.
.
Pt3'"~Cl"Q--'Ih.
Elizabeth A. Neville
Southold Town Clerk
Page 2
.
/
.
.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
MAIllNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
OFFICE WCAll0N:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Land Preservation Departmenl
From: Mark Terry, Senior Environmental Planner
L WRP Coordinator
Date: April 12, 2006
Re: Proposed Development Right Sale of Thomas Shalvey et al.
SCTM #1000-84-2-2.1 Zoning District A-C
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy
Standards.
The proposed action involves the purchase of a development rights easement on a certain parcel
of property owned by Thomas L. Shalvey, Jr. and Catherine S. Russo, as Executors of the Estate
of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr., on the 11 th day of April,
2006, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6
(Community Preservation Fund) ofthe Town Code,
The development rights easement comprises approximately 16.5 acres on the 20.0 acre parcel.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to
this department, the proposed action is CONSISTENT with the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above.
fD)~ lG; ~ ~ W lEfn\
lf1} ~PR ~:JUJJ
DEFT. Of LAND
PRESERVATION
.
C
L
o
S
I
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G
.
S
T
A
T
E
M
E
N
T
.
.
.
.
CLOSING STATEMENT
THOMAS L. SHALVEY, JR. and CATHERINE RUSSO, as Executors
of the Estate of Thomas L. Shalvey, Sr.,
DOROTHY SHALVEY and FRANK BLADOS, JR.
to TOWN OF SOUTHOLD
Development Rights Easement -16.4307 acres
15.6460 buildable acres @ $52,000/acre
Premises: 5200 Bridge Lane, Cutchogue
Total Parcel Acreage -19.9356 acres
SCTM #1 000-84-2-p/o 2.1
Closing held on Thursday, June 15, 2006 at 10:00 a.m.,
Land Preservation Department, Southold Town Hall Annex
Purchase Price of $813,592.00 disbursed as follows:
Payable to Estate of Thomas L. Shalvey
Check #86551 (6/15/06)
$ 271,197.34
Payable to Frank A. Blados
Check #86553 (6/15/06)
$ 271,197.33
Payable to Dorothy Shalvey, as Trustee
Check #86550 (6/15/06)
$ 271,197.33
Expenses of Closing:
Appraisal
Payable to Given Associates, LLC
Check #81138 (4/26/05)
$
2,500.00
Survey
Payable to John C. Ehlers Land Surveyor
Check #86016 (5/9/06)
$
4,800.00
.
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
Check #86661 (6/20/06)
$
1,300.00
Title Report
Payable to Stewart Title Insurance Company
Check #86554 (6/15/06)
$
4,017.00
Fee Insurance
Recording Easement
Certified Easement
$ 3,767.00
$ 200.00
$ 50.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #86552 (6/15/06)
$
100.00
.
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
Southold Town Supervisor
Attorney for Town of Southold
Thomas L. Shalvey, Jr.
Catherine Russo
Abigail A. Wickham, Esq.
Co-Executor/Seller
Co-Executor/Seller
Attorney for Estate of Thomas L. Shalvey
Dorothy Shalvey
Frank A. Blados, Jr.
Richard Lark, Esq.
Trustee/Seller
Seller
Attorney for Sellers
Vera Doroski
Friend of family
Patricia Fallon
Melissa Spiro
Melanie Doroski
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
.
t(rWN OF SOUTHOLD
53Ms MAIN ROAD
SOUiHOLD, NEW YORK i 1971.0959 6/1$ CLOS ING 086551
NO.
"
50-545
'"
mr:' SUFfOLK cOUNTY NATIONAl. BANK
CUTCHOO1.Je,NY11~
~..::
: \1 ' ;~!< ~
;::\I'liQ,H@DRED SEVEN:tY'
THOUSAND ONE
DATE '"CHECK NO,
06/15/20.06.. ..~6551
HUNDREDNINE'.t"i,.SE;VEN AND
AMOUNT
$271,197.34
34/100 DOLLARS
PAY TO
THE
, ORDER
, "'OF:
ESTATE OF THOMAS L. SItALVEY
C/o rOM SHALVEY
PO BOX 911
SOUTHOLD NY 11971
;tv.~
(.
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./
11'081;551.11' 1:021.1,051,1;1,1:
1;:\ 00000 I, Oil'
VENDOR 011901 ESTATE OF THOMAS L. SHALVEY
,r
06/15/2006
CHECK
86551
"
PTThTT1 (, n("("1()TThT'T'
on#" Tl\T'iTnTrl=;'
f'ltS:CFIPTION
7\WOT~T
H3 .8660.2.600.100
TBR344 061506
DEV RIGHTS-16.43 271,197.34
TOTAL
271,197.34
.
.
'-
/
TOWN OF SOUTH OLD . SOUTHOLD, NY 11971.0959
"',. '
'ONE THOUSAND ONE
'':- .:.:'...........:'.....:...,.. .,-,...-...,-.:....,.-<"'.<
TOWN OFSOUTHOLD
SOUTH~~~~E~A~~:~~~971'09~9' ". ~,.61:$.~;;:~~Q:~:t~~: ir~~:~;g~~X;;~\~};;V:,,:X
,.q,':.i' ':"~::_\? ~()::;~L:.~~~~~~~::.;fii
DATE "-'.,:, :~~'f~:;.ifJ~~W~~\~;:::::<:.~,
06! ],5/2D 06::..;!;li;~~W5'~:.ii;\;\~:::;~\~:~\?{~;'~~:~(;;!3~,::,::,';
HUNDRED NINETY. ,St;:Vi8N ,J\&P, :34,J1,t),Q:..:lUQI;,~l>. :,''':
-- . - " ," ,- ,'... ',. _"'.,; - ~- ,.-... ., '" ",' '--- i' --: l' ~i-:~:;: ',';"'-:,'.'_ " .. " ~.;;;
....'.,.
e;.::,m~:lj)
:::. JYJ=~ m~:;~
1,_.\..,....",.....
! ::':::,11 ~:t} ::-~-;':,;
-111--'\"....".. .
:-\'~'..TI'I'L'.:';;.::::;"., ,...'.
~ -f --~\.'l.~..~.;...1-.~.....,'\'.>,."..~,.."......-..,
~-\II--:.I\\:::';,.,iT;:'.Ti-":.;,;:.L. ':.
- J ~-.I.~.~~~},~:'...f.-.>".,.dJ.-,~...,'"..
11==1lI",,1\\~~:\:: ,":::':,:::,\': :,.."
a.Us.:~ mi~?_~ m?_:~-:~: w.~:;2 'i,I:,L'<
1:: _ ~l}L~~~:~ll+E::-:::X;;;.~WJ}\"::';'/,!,,' .",}:::,',i.-'::;
-\l'iil-.~.!,^....,!\ ,,'"'' .-- ,......
-...:-:~ 1~6RED .SEVENTY
11- rr-,T"l.'J "'~.'-".:"~".,,. -' "''''''''-''i-'':.'''C'''-:-O'':: .... ....,:
-111-'--''1-- .," . ",
::- :::'<~:; j-f, n:;:~,; r! ;:. ~.'> ::-L::: .-
I ::,-;:~,\,: ::';';,:1,11 ~"
'-.rl-"-'..-
31\\:-::\\1,'
l""'t(\~:;JI'"
~ i-II d;PII,YJP
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LTI'\~-': ;Q,
-', '"",...\>.".......'
i if;:~ff,:~}~:
"1"'\,,,,,,,
'-:! '~';:~; ,,' '~<," ,',
.-;-'i
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~U~ :::':.:W
''-;,<
:i':R%Nk l\ BLADOS JR.
C'jO'rOM SHALVEY
PO BOX 911
SOUTHOLD NY 11971
,',,;/ ".:,:,
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1'< ~ ;"
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...,;,;
1I'08r,SS:\II'I:onl,oSl,r,l,I:
r,:l 00000 l, Oil'
VENDOR 002316 FRANK A BLADOS JR.
,.-
06/15/2006
CHECK
86553
"
RTThl[) J:: nf"[1rJTThTT
., n it HJ'TO I C'E:
DIi:~CIUPTIQW
J.1WQTJWT
H3 .8660.2.600.100
TBR344 061506
DEV RIGHTS-16.43 271,197.33
TOTAL
271,197.33
.
.
'-
./
TOWN OF SOUTHOLD' SOUTHOLD, NY 11971-0959
:-:-.
5054B
214
" ~'PA'( TO
THE
ORDER
OF'
DOROTHY'SAAI.NIt't As;. TRUSTEE
C/O to.M .SHALVJ;:Y
PO'ROX 911
SOUTHOLD NY 11971
"~
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'f .'. "~d...~<t!/
11t '~',~:, ..",:-'_'",-.,,:' ',,'" ~", ,''''' __ :', ':.' ", ",,' __ " ;
\....
'Mo"
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lI'OBI;550ll' 1:02~1,051,1;1,1:
I;:l 000001, Oil'
VENDOR
r
FOND ^'
019185 DOROTHY SHALVEY AS TRUSTEE
06/15/2006 CHECK
86550
.....
I\rrOTTN'T'
p n jj TNvnTrF
nRc::.rOTP'T'Tnf\T
I:lM.r'ITThT'T'
H3 .8660.2.600.100
TBR344 061506
DEV RIGHTS-16.43 271,197.33
TOTAL
271,197.33
.
.
'--
./
TOWN OF SOUTHOLD. SOUTHOLD, NY 11971-0959
~GIVEN
ASS 0 C I ATE S
.
PATRICK A. GIVEN, SRPA
box 5305 . 550 route 111 . hauppauge, n.y. 11788-0306
(631) 360-3474
FAX 360-3622
March 30, 2005
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, NY 11971-0959
Appraisal of Property of Dorothy Shalvey
Located North side of Bridge Lane, Cutchogue, NY
S.C.T.M. #1000-95-1-5
.
File# 2005042
$2,500.00
r;::::--'-'~--' ..-..
I r;:::,'\ rF:: f~:~' ;1 \\, /? ;, ij
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~~I ":H-;3-1~
I
DEFT Of LAND
P.RfSERvMION
real estate appraisers and consultants
GLIDeS 2D
View 1
Vendor.. 007416
Y=Select
JE Date Trx.Date Fund Account
----------------------------- Begi
4/12/2005 4/12/2005 H3 .600
4/12/2005 4/12/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
X 4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
5/10/2005 5/10/2005 H3 .600
5/10/2005 5/10/2005 H3 .600
7/05/2005 7/05/2005 H3 .600
9/13/2005 9/13/2005 H3 .600
, , 10/25/2005 10/25/2005 H3 .600
, ,~/25/2005 10/25/2005 H3 .600
" /10/2005 11/10/2005 A .600
" 1/10/2005 11/10/2005 A .600
11/10/2005 11/10/2005 A .600
12/20/2005 12/20/2005 H3 .600
------------------------- Use Acti
F2=Shift Up F3=Exit FlO=Prev View
Selec.t. RAcorn(~) nr TT~t=l :n.f""t-inn (1l"\nc
TOWN OF SOUTHOLD
** Actual Hi
GIVEN ASSOCIATES LL
Disburs Inquiry by Vendor Name
............. .Detail--GLlOON..............
W-04262005-670 Line: 193 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 4/26/2005 SDT 4/26/05
Trx Amount... 2,500.00
Description.. APPRAISAL-SHALVEY
Vendor Code.. 007416
Vendor Name.. GIVEN ASSOCIATES LLC
Alt Vnd..
CHECK........ 81138 SCNB
Invoice Code. 2005042
VOUCHER..... .
: P.O. Code.... 13902
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Add1.
Fixed Asset.. Y
Date Released 4/26/2005
Date Cleared. 4/30/2005
F3=Exit F12=Cancel
-~fA,
JJ#
.
JOHN C. EHLERS LAND SURVEYOR
6 East Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax: 631-369-8287
Bill To
Town of Southold
Town Hall
Southold, N.Y. 11971
Invoice
Date Invoice #
4/26/2006 2005767
Your Client
Shalvey
SCTM#
My Job #
1000-84-2-2.1
2006-156
Date of Service Description
4/26/2006 Current survey of property consisting of approximately 19.9
acres
GL10BS 20
View 1
Vendor.. 005322
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
4/08/2003 4/08/2003 H3 .600
4/08/2003 4/08/2003 H3 .600
9/23/2003 9/23/2003 H3 .600
9/23/2003 9/23/2003 H3 .600
9/23/2003 9/23/2003 H3 .600
2/24/2004 2/24/2004 H3 .600
4/06/2004 4/06/2004 DB .600
7/27/2004 7/27/2004 H3 .600
8/24/2004 8/24/2004 H3 .600
3/15/2005 3/15/2005 H3 .600
3/29/2005 3/29/2005 DB .600
8/30/2005 8/30/2005 H3 .600
10/11/2005 10/11/2005 DB .600
~ 5/09/2006 5/09/2006 H3 .600
5/09/2006 5/09/2006 H3 .600
-------------------------------- E
F2=Shift Up F3=Exit F10=Prev View
Sect Record(s) or Use Action Code
TOWN OF SOUTHOLD
** Actual Hi
EHLERS/JOHN C.
Amount
4,800.00
Disburs Inquiry by Vendor Name
............. .Detail--GLIOON..............
W-05092006-756 Line: 107 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 5/09/2006 SDT 5/04/06
Trx Amount... 4,800.00
Description.. SURVEY-SHALVEY PROPERTY
Vendor Code.. 005322
Vendor Name.. EHLERS/JOHN C.
Alt Vnd..
CHECK........ 86016
Invoice Code. 2005767
VOUCHER..... .
P.O. Code.... 15199
Project Code.
Final Payment
Type of 1099.
Fixed Asset..
Date Released
Date Cleared.
F3=Exit F12=Cancel
SCNE
F Liquid.
M BOX. 07
Y
5/09/2006
Addl.
. .
......................................... .
Ivelson, t"ope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville ~X 11747 Fax: 631-427-5620
.
Property: 06108 Project: V A02085
Shalvey Property, Cutchogue
Manager: McGinn, Steven
Invoice
To:
Town of South old
Town Hall
53095 Main Rd, PO Box 1179
Southold NY 11971
Attention: Melanie Doroski
Invoice #:
4075
May 30, 2006
Invoice Date:
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS
$1,300.00
Invoice Amount
Contract Item #1: Prepare Phase I Environmental Site Assessment
Work Performed thru 4/28/06
.
Contract Amount:
Percent Complete:
Fee Earned:
Prior Fce Billings:
$1,300.00
100.00%
$ I ,300.00
$0.00
Cnrrent Fee Total:
$1,300.00
*** Total Prniprt 1111Jn;f'o A H'!nru:_.-,.#
-J --_.-- ---, - --~ ~ ....................
GL108S 20
View 1
Vendor.. 014161
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
5/10/2005 5/10/2005 H3 .600
7/05/2005 7/05/2005 H3 .600
7/05/2005 7/05/2005 H3 .600
8/02/2005 8/02/2005 H3 .600
9/27/2005 9/27/2005 B .600
9/27/2005 9/27/2005 B .600
10/11/2005 10/11/2005 H3 .600
12/20/2005 12/20/2005 B .600
1/03/2006 1/03/2006 H3 .600
4/11/2006 4/11/2006 B .600
4/11/2006 4/11/2006 B .600
5/09/2006 5/09/2006 H3 .600
6/06/2006 6/06/2006 H3 .600
X 6/20/2006 6/20/2006 H3 .600
. ./20/2006 6/20/2006 H3 .600
------------------------------ E
F2=Shift Up F3=Exit F10=Prev view
Select Record(s) or Use Action Code
TOWN OF SOUTHOLD
** Actual Hi
NELSON, POPE & VOOR
Cfr"l ?n.fl flf).
o/H. ,J VV. VV
Disburs Inquiry by Vendor Name
............. .Detai1--GL100N..............
W-06202006-107 Line: 283 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 6/20/2006 SDT 6/19/06
Trx Amount... 1,300.00
Description.. PHASE 1-SHALVEY PROPERTY
Vendor Code.. 014161
Vendor Name.. NELSON, POPE & VOORHIS,
A1t Vnd..
CHECK........ 86661 SCNE
Invoice Code. 4075
VOUCHER. .....
P.O. Code.... 15198
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Add1.
Fixed Asset.. Y
Date Released 6/20/2006
Date Cleared.
F3=Exit F12=Cance1
. .
......................................... .
I~
.
.
.
STEWART TITLE INSURANCE COMPANY
125 Baylis Road, Suite 201, MelvWe, New York 11747
631-501-9615 fax 631-501.9623
TUleNo. ST-S- t,(" 77
Date
"llsjob
FEE INSURANCE COVERAGE # J'/~ oC("; ,t10 PREMIUM 137[,. 7. On
FAIR MARKET VALUE RIDER PREMIUM
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Envb-onmental
Waiver of Arbitration
Residential
AdJmtable Rate RJder
NEW YORK STATE TRANSFERiMANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mortcacor)
COMMUNITY PRESERV AnON FUND
SURVEY INSPECTION
DEPARTMENTAL SEARCHES
STREET REPORT
BANKRUI'TCY SEARCH
ESCROW DEPOSIT FEE
ESCROW DEPOSIT
RECORDING FEES,
(fl~ d.l 1r 0<00,00
( )SATISFACTION(S)
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDA VIT(S)
( ) ASSIGNMENT(S)
(Yn.r/I,U "'A41,' U,cfA '''~A r .!5 /). (J()
/' / V /
TOTAl. CHAR(;ES 1 I) iJ! 7, 0{;
CLOSER CHARGES, IF ANY: PICK-UP FEE
OTHER,
PATRICIA L, FALLON
Title Closer
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959 6/15 CLOSING 086554
NO,
,
50.546
214"'
, ~:'-:".;
THESIJf'f'OlK OOUNTY NAnONAl. 8MiK
CUTCHDGUE, NVl1ll35
DATE
GHEOK NO,
, 86554
AMouNT
, ,> ',".,.:;'" 'c;' ", " 06/15/2006
,'FqlJR;rH9!JS~;>~E;VENTJi;EN AND OQ!10D DOLLARS
1', '
$4,017._ 00
PA,Y'to
THE
ORDER,
OF
" STEWART TiTLE INSURANCB co.
125, ~AXL:iSR01\D, SUITE 201
MELVILLE, m 11747
.-/~~
../
~
\...'
lI'oBb 5 51.11' 1:0 2 ~I.o 51.bl.l:
b:l 00000 I. Oil'
VENDOR 019624 STEWART TITLE INSURANCE CO.
/'
06/15/2006
CHECK
86554
'\
:&",TlND " llCCQTWT
P 0 it IWTQICl!:
Ilg~CRIPTIOI>l
J'.::P4C;1.RJT
H3 .8660.2.600.100
H3 .8660,2.600.100
H3 .8660.2.600.100
TBR344 ST-S-6677
TBR344 ST-S-6677
TBR344 ST-S-6677
FEE POLICY-SHALVEY 3,767.00
EASEMENT REC-SHALVEY 200,00
EASEMENT COPY-SHALVEY 50.00
TOTAL
4,017.00
.
.
'--
./
TOWN OF SOUTH OLD . SOUTHOLD, NY 11971-0959
TOWN OF SOUTHOLD
"
50.545
214
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
E;/15 CLOS ING 0 8 8 552
NO.
THE SIJI'FOu<: COUNTY NATIoNAL BANK
CLJrCHOO~E,NY 11936
DATE
CHECK NO.
AMOUNT
06/15/2006
86552
$100,00 .
DOLLARS
I''":.'"
," 'p)',Y'to
:. : THI!
',' QlJIlER,
:OF
j'>ATRi(jlAE',/\.BJ;;ON
'C/O, ~AME,:RICA*COMMONWEALTH
RrVE~HEN5 NY 11901
.~-4
,-'
..'.
NP
'../
1I"08b55211" 1:02101,05I,bl,l:
b:1 00000 I, Oil"
VENDOR 006013 PATRICIA FALLON
,r
06/15/2006
CHECK
86552
"
FTl}TD ~ llCCOT~T
PO#" INuQICg
Dl!:~CJ!;1IPTIQN
_7\..M0UNT
H3 .8660.2.600.100
TBR344 ST-S-6677
TITLE CLOSER-SHALVEY 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
.
.
111111111111 111111111111111 11111 11111 11111 ~IIIIIII 1111
111111111111 11111 1111 1111
,
/
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
NUmber of Pages: 17
Receipt NUmber : 06-0067196
TRANSFER TAX NUMBER: 05-45462
Recorded:
At:
07/12/2006
12:20:00 PM
LIBER:
PAGE:
000012458
923
District:
1000
Section:
084.00
EXAMINED AND
$813,592.00
Block:
02.00
CHARGED AS
Lot:
002.004
. Deed Amount:
FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exemp
Page/Filing $51.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $11.05 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm.Pres $0.00 NO
Fees Paid $122.05
TRANSFER TAX NUMBER: 05-45462
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
.
IDJ Ii: li: Ii: ~ WI!: ~
lnl AUG 1 7 2006 lib'
DEPT. Of LAND
PRESERVATION
[!][i]
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Number of pages
TORRENS
Serial #
Certificate #
Prior Of. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
3
FEES
Page / Filing Fee
Handling
5. 00
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Tp.584
Notation
&/
EA.52 17 (County)
EA.5217 (State)
Sub Total
R.P.T.S.A.
<~OW
Comm. of Ed.
5. 00
//,o~
15. 00
Sub Total
Other
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Grand Total
Real Property
Tax Service
Agency
Verification
1000 08400 0200 002004
4
6
SatisfactionslDischargcslReleases List Property Owners Mailing Address
RECORD & RETURN TO:
Lisa Clare Kombrink
235 Hampton Road, 2" Floor
Southampton, NY 11968
8
Suffolk Count
Recordin
RECORDED
2006 Jul 12 12:20:00 PM
Judith A. Pascale
CLERK OF
SUFFOLK COUflTY
L DOO012458
P 923
Dn 05-45462
Recording I Filing Stamps
Mortgage Arnt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec.lAssit.
or
Spec. / Add.
TOT. MTG. TAX
Dual Town ~ Dual County _
Held for Appointmew.....
Transfer Tax '~_//2"...AF-
Mansion Tax ~~~r _
The property covered by 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
---
CPF Tax Due $
Consideration Amount $
Improved
Vacant Land
TD (()U U
TD
TD
e
This page forms part of the attached GI!/1N/ lJ F IJevEl./Jf2/Ylt;7V7' R/tiJ..1T.:5 EA ')pmENT made by:
(SPECIFY TYPE OF INSTRUMENT) (i>~ ),
AJ...AAOS. <.~HALVeY, /!uSSO The premises herein is situated in .
A/JIJ SH/lLVRf SUFFOLK COUNTY, NEW YORK.
.
TO
7/,UJlJ of SdLt77ItJUJ
In the Township of
In the VILLAGE
,S41.<771()~/J
or HAMLET of eu 'Tt' hi 06 ClE
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FiLING.
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
.
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of /~ 2006 at Southold, New York. The parties are THOMAS L.
SHALVEY, JR. and CATHERINE S. RUSSO, as ~o-Executors of the Estate of
Thomas L. Shalvey, Sr4 D9B2THY SHALVEY and FRANK A. BLADOS, JR.,
c/o Tom Shalvey Jr. P~d'."~81( 9J:.t"Cutchogue, NY 11935 (herein collectively
called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation,
having its principal office at 53095 Main Road, P.O. Box 1179, Southold,
New York (herein call "Grantee"). ~ ~
51-, I <cd w".-M- ,fU5'
'" A'? Tf2u~rf-f ,(!-t...<.- 1)oyo"-'-j '" V I
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, Identified as part
of SCTM# 1000-84-2-2.1 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by John
C. Ehlers Land Surveyor, dated 4/6/06 and last revised 5/1/06, and
hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
.
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for row crops; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
.
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
deveiopment of the Property while permitting compatible uses thereof;
Stewart Title Insuran<?e Company
.
Title No. ST-S-6677
Schedule A Description
(AMENDED 6/14/06)
/
/
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of
Southold, County of Suffolk and State of New York being more particularly bounded and
described as follows:
BEGINNING at a point on the East Side of Bridge Lane which marks the Southwest
corner of premises described herein, which said point is located North 46 degrees 39 minutes 40
seconds West 295.40 from the Northerly end of an arc of curve connecting the Northerly side of
Middle Road (CR 48) with the Easterly side of Bridge Lane, as measured along said Easterly side
of Bridge Lane;
RUNNING THENCE North 46 degrees 39 minutes 40 seconds West along the East side
of Bridge Lane 1366.84 feet to an iron pipe and lands now or formerly Jane J. Krupski, Stanley
W. Krupski and Stephen T. Krupski;
.
THENCE North 47 degrees 52 minutes 30 seconds East along said last mentioned lands
544.55 feet to an iron pipe and lands now or formerly WJK, LP;
THENCE South 45 degrees 42 minutes 30 seconds East along said lands now or
formerly WJK, LP 1323.96 feet to the "Reserve Parcel";
THENCE South 43 degrees 20 minutes 20 seconds West along said "Reserve Parcel"
520.83 feet to the East side of Bridge Lane, the to the point or place of BEGINNING.
TOGETHER witb all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
.
SCHEDULE A-I "AGRICULTURAL STRUCTURE AREA"
.
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue,
Town of Southold, County of Suffolk and State of New York being more particularly bounded
and described as follows:
,/
BEGINNING at a point which marks the Southwest corner of premises desribed herein
distant, which said point is located North 46 degrees 39 minutes 40 seconds West 295.40 feet
from the Northerly end of an arc of curve connecting the Northerly side of Middle Road (CR 48)
with the Easterly side of Bridge Lane, as measured along said Easterly side of Bridge Lane, and
North 43 degrees 20minutes 20 seconds East 212.72 feet;
AND from said true point or place of beginning running thence North 45 degrees 42
minutes 30 seconds West 521.08 feet;
THENCE North 44 degrees 17 minutes 30 seconds East 308.07 feet;
THENCE South 45 degrees 42 minutes 30 seconds East 515.96 feet;
THENCE South 43 degrees 20 minutes 20 seconds West 308.11 feet to the true to the
point or place of BEGINNING.
.
.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
.
NOW THEREFORE, in consideration of EIGHT HUNDRED AND THIRTEEN
THOUSAND FIVE HUNDRED AND NINETY TWO Doilars ($813,592.00) and
other good and valuable consideration paid to the Grantor, the receipt of
which is hereby acknowledged, the Grantor does hereby grant, transfer,
bargain, sell and convey to the Grantee a Development Rights Easement, in
gross, which shall be binding upon and shail restrict the premises shown and
designated as the Property herein, more particularly bounded and described
on Schedule "An annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shail be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
foilows:
0.01 Grantor's Warrantv
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Puroose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character In perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Governmental Recoonition
.
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Documentation
.
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated 4/6/06 last revised 5/1/06 prepared John C.
Ehlers Land Surveyor, and a Phase 1 Environmental Site Assessment dated
4/25/06 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Tvpe
.
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for use other than
agricultural production as that term is presently referenced in 9247 of the
General Municipal Law and/or defined in Chapter 25 of the Town Code of the
Town of South old (the "Code") and including the production of crops,
livestock and livestock products as defined in Section 301(2)(a)-(i) of the
NYS Agricultural and Markets Law, now or as it may be amended. No future
restrictions or limitation in the definition shall preclude a use which is
permitted under the current law and/or code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1. 04 Effect
.
This Easement shall run with the Property as an incorporeai interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
.
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and everyone of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
.
No structures may be erected or constructed on the Property except as
permitted by the South old Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including walkways. Structures shall not include trellis, fences,
posts and wiring, farm roads or farm irrigation systems, structures
necessary to implement approved conservation practices of the U.S.
Department of Agriculture's National Resource Conservation Service, or
fencing used in connection with bonafide agricultural production, including
without limitation fencing to keep out predator animals. Approvals for these
shall be as required by applicable provisions of the Town Code.
3.02 Excavation and Removal of Materials; Mininq
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property or in connection with necessary drainage or soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shali not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, or in
connection with normal agricultural/horticultural activities, without the prior
written consent of Grantee.
3.03 Subdivision
.
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
.
development rights are acquired into two or more parcels, in whoie or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumoinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materiais used in the normal course of sound agricultural practices, including
fertilization, composting and crop removal.
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Utilities
.
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. Utilities must,
to the extent possible, be constructed within 30 feet of the centerline of any
roads or driveways, and may be used solely to service the permitted
structures. The Property may not be used for the creation or placement of
utilities to service any other properties.
3.07 Prohibited Uses
The use of the Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, shall be prohibited.
For the purposes of this section, agricultural production, as defined in
Chapter 25 of the Town Code, shall not be considered a commercial use.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the U.s.
Department of Agriculture's National Resource Conservation Service.
.
3.09 Drainaqe
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
.
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.10 DeveloDment Riohts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 OwnershiD
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
.
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law.
4.04 LandscaDino Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property.
Grantor shall have the right to remove or restore trees, shrubs, or other
vegetation when dead, diseased, decayed or damaged or interfering with
agricultural production, to thin and prune trees to maintain or improve the
appearance of the property, and to mow the property.
4.05 Aoricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, and as defined in
Section 1.02. Notwithstanding the definition of agricultural production in
Chapter 25 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
.
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, including drainage improvement
structures, provided such structures are necessary for or
reasonable to agricultural production and located in the
"agricultural structure area" designated on the survey
prepared by John C. Ehlers Land Surveyor, dated 4/6/06,
last revised 5/1/06, further described in the Schedule "~A-I
attached and made a part of this easement;
(iii) Renovation, maintenance and repairs of structures built or
permitted pursuant to this Section 4.06.
(iv) The one and one-half story "frame farm building" as shown
on the survey referenced in A(ii) of this Section and
located outside the "agricultural structure area" shall be
limited to agricultural use; residential use shall be
prohibited.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as provided in Section 4.06 herein
requiring permit or approval and shall file all necessary applications for
approvals that may be required by this Easement or by the Town Code of
the Town of Southold, and shall provide documentation as may be required
for such applications.
4.08 Alienabilitv
.
Grantor shall have the right to convey, mortgage or iease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
.
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments
subject, however, to Grantor's right to grieve or contest such assessment
and defer payment pending such action. The failure of Grantor to pay all
such taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests acquired
herein by Grantee.
5.02 Indemnification
.
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or Independent contractors, all of
which shall be reasonable in amount and actually adjudicated arising from
injury due to the physical maintenance or condition of the Property caused
by Grantor's actions or inactions and not caused by Grantee or from any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Partv Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of its
officers, employees, agents or independent contractors, all of which shall be
reasonable in amount and actually adjudicated, resulting: (a) from injury to
persons or damages to property arising from any activity on the Property,
except those due solely to the acts of the Grantee, its officers, employees,
agents, or independent contractors; and (b) from actions or claims of any
nature by third parties arising out of the entering into or exercise of rights
under this easement, excepting any of those matters arising from the acts of
Grantee, its officers, employees, agents, or independent contractors.
5.04 Grounds Maintenance Reouirement
.
If Grantor leaves the Property open and does not engage in agriculturai
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin,
prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby authorized
to enter upon the Property to perform such maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
.
6.01 Entry and Insoection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, not more frequently than annually, and
in a manner that will not interfere with Grantor's quiet use and enjoyment of
the Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee shall
not have the right to enter upon the Property for any other purposes, except
as provided in Section 5.04 and 6.03, or to permit access upon the Property
by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
.
6.03 Enforcement Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
.
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
.
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
The cure period in this Section 6.03 may be extended for a reasonable time
by Grantee if such restoration cannot reasonably accomplished within 15
days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manuai
delivery or three business days after the date of its mailing.
6.05 No Waiver
.
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinouishment/Condemnation
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the reSidual agricultural and/or open
space value of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributabie to the development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandino
.
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
said rights and interest, following a public hearing and, thereafter, ratified by
a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severabilitv
.
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governina Law
New York Law applicable to deeds to and easements on land located
within New Yark shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interoretation
.
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shail be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property, or to use images of
the property for commercial gain.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
.
ACKNOWLEDGED AND ACCEPTED:
ESTATE OF THOMAS L. S
.-
,
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ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD(Grantee)
BY:
~~u4
Scott A. Russell
Supervisor
.
STATE OF NEW YORK
COUNTY OF SUFFOLK
55:
.
On this /~day of ~ in the year 2006 before me, the undersigned, personally
appeared THOMAS SHALVEY, JR., 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 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.
jJ~ f -Jdt,
Notary Public
STATE OF NEW YORK
COUNTY OF SUFFOLK
55:
PATRICIA L. FALLON
Notary Public, State 0f New York
No. 01 FA4850146
Qualified In Suffolk County ,., JI'1l7
Commiasion Expires ApTlI 24, "",",v
On this 15?iday of 9./.VU in the year 2006 before me, the undersigned, personally
appeared CATHERINE S. ffusso 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 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.
jJ(jhp;/~, i! dJ;k-
Notary Public
STATE OF NEW YORK
COUNTY OF SUFFOLK
55:
PATRICIA l. FALLON
Notary Public, State Of New York
No.01FA4950146
Qualified In Suffolk Cou.nty
Commission Expires April 24,
;)%07
.
On this ;,54day of ~ in the year 2006 before me, the undersigned, personally
appeared FRANK A, BLADOS, JR. 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 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.
fJdW>>-- t ,);ih.-
Notary Public
PATRICIA l. FALLON
Notary Public, State e'f New York
No. 01 FPA950146
STATE OF NEW YORK Qualified In Suf!olk COl~nty /}.....-?l 7
COUNTY OF SUFFOLK ) SS: CommiSSion Expires Apnl 24, ~ u
On this /Yi.Jctay of ~ in the year 2006 before me, the undersigned, personally
appeared DOROTH~ SH;LVEY 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 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.
fJli,u:w ~ ~ ,
Notary Public
PATRICIA l. FALLON
Notary Public, State 01 New York
No. 01 FA4950146
STATE OF NEW YORK Qualified In Suffolk County
COUNTY OF SUFFOLK ) SS: Commi"sion Expires April 24, t:1-nJ7
On this )5~ay of r.J.4f.. in the year 2006 before me, the undersigned, personally
appeared Scott A. Russell, 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 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.
jJ~u. 1... Ju6r..
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
~Jo. 01 FP.4950146
Quali!i8d In E:;uibik County
Commission Expires April 24, dl&tJ?
.
.
For use outside New York State:
State, District of Columbia, Territory, Possession, or )
Foreign Country ) 55:
On the day of in the year 2006 before me, the undersigned, personally appeared
, 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), that be
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
(Insert. the city or other political subdivision and the state or country or other place the acknowledgment was
taken.)
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ALTA OWNER'S POLICY. 10.17.92
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POLICY OF TITLE INSURANCE ISSUED BY
STE"W'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@
INS 1.1 K A NC 1': co M PA N Y
Countersigned by:
EXCLUSIONS FROM COVERAGE
The following motters ore expressly excluded from the coveroge of this policy ond the Company will not pay loss or damoge, costs, ottorneys' fees or expenses which orise by reo son
of.
I, (0) Any low, ordinance or governmental regulation (including but not limited to building and loning lows, ordinances, or regufotions) restricting, reguloting, prohibiting or
reloting to (i) the occuponcy, use, or enjoyment of the lond; (ii) the chorocter, dimensions or locotion of any improvement now or hereofter erected on the land; (iii) 0 seporation in
ownership or 0 change in the dimensions or oreo of the lond or ony porcel of which the lond is or wos 0 port; or (iv) enviranmentol protection, or the effect of any violation of these
lows, ordinonces or governmentol regulations, except to the extent thot 0 notice of the enforcement thereof or 0 notice of 0 defect, lien or encumbrance resulting fram 0 violation or
olleged violotion offecting the lond hos been rewrded in the public records ot Dote of Policy,
(b) Any governmentol police power not excluded by (0) above, except to the extent thot 0 notice of the exercise thereof or 0 notice of 0 defect, lien or encumbrance resulting
from 0 violotion or olleged violotion affecting the land has been rewrded in the public rewrds at Dote of Policy,
2. Rights of eminent domoin unless notice of the exercise thereof has been recorded in the public records at Dote of Policy, but not excluding from wveroge ony faking which hos
occurred prior to Dote of Policy which would be binding on the rights of 0 purchoser for volue without knowledge,
3. Defects, liens, encumbrances, odverse claims or other motters.
(0) creoted, suffered, assumedorogreed to by the insured claimont;
(b) not known to the Company, not recorded in the public records ot Dote of Policy, but known to the insured cloimont ond not disclosed in writing to the Company by the
insured cloimant prior to the dote the insured cloimantbecame on insure dunderthispolicy;
(c) resulting in no loss or domoge to the insured claimant;
(d) ottaching or creoted subsequent to Dote of Policy; or
(e) resulting in loss or domoge which would not hove been sustoined if the insured claimant hod poid volue for the estate or interest insured by Ihis policy.
4, Any cloim which orises out of the transoction vesting in the Insured the estote or interest insured by this policy, by reason of the operotion of federal bankruptcy, state
insolvency,orsimilorcreditors' rights lows, that is based on.
(0) the transaction creoting the estote or interest insured by this policy being deemed 0 fraudulent wnveyance or fraudulent transfer; or
(b) the transaction creating the estote or interest insured by this policy being deemed 0 preferential tronsfer except where the preferential transfer results fram the failure.
(i) to timely rewrd the instrument of transfer; or
(ii) of such recordotiontoimportnoticetoo purchaser for volueor 0 judgment or lien creditor.
--- -- --- --- ........ ---
~~~~r~:f 0-8831- 3 6 9 0 4 7
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NY-001 (10-17-92)
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ALTA OWNER'S POLlCY
SCHEDULE A
Title No.: ST-S-6677
Policy No.: 0-8831-369047
Date of Policy: June 15, 2006
Amount of Insurance: $813,592.00
1. Name ofInsured:
County: Suffolk
Town of South hold
2. The estate or interest in the land described herein and which is covered by this policy is:
Easement
3. Title to the estate or interest in the land is vested in:
Town of Southhold, who acquired Developmental Rights by virtue of a deed from Frank A. Blados. Jr.
as heir at law of Agnes Blados & Frank A. Blados Sr. (1I3rd interest) and Dorothy Shalvey,as Trustce of
the Dorothy Shalvey Revocable Trust dated 6/12/03 (l/3rd interest) and Catherine Russo & Thomas
Shalvey,Jr.,as Co-Executors of the Estate of Thomas L. Shalvey (1/3rd interest), by deed dated
6/15/2006 and to be recorded in the Suflolk County Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000
Section: 084.00
Block: 02.00
Lot: 002.001, Vacant
Land; 16.5 acres
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
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I\LTI\OwNER'SPOLICY
SCHEDULE B
Title No.: ST-S-6677
Policy No 0-8831-369047
EXCEPTIONS FROM COVERAGE
This policy does Dot insure against Joss or damage (and the Company will not pay costs, attorney's fees
or e~penses) which arise by reason of:
L Policy will except the terms and conditions of the Grant of Developmcnt Rights Easement to be executed by
the Grantor( s) and the Town of Southold,
2, Declaration of Covenants !Iud Restrictions recorded in Liber 11567 Page 145.
3. Street Taking and Easement recorded in Liber 5752 Page 70 and Liber 5830 Page 236,
4. Survey by John C. Ehlers last dated 5/1/2006 shows premises improved by a I Yz story frame building; 60
foot wide LIP A Easement traverses premises to electric towers on premises; well located.
NOTE: OTHER OvERHEAD WIRES AND DIRT FARM ROADS LIE OUTSIDE PREMISES
DESCRIBED HEREIN. AGRICULTURAL STRUCTURE AREA INCLUDED IN ACREAGE
DESCRIBED IN SCHEDULE A HEREIN.
4613(2/93
Page 3
STEWART TITLE
INSURANCE COMPANY
.
Stewart Title Insurance Company
Title No: ST -S-6677
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Schedule A Description
(AMENDED 6/14/06)
ALL that certain plot, piece or parcel ofland, situate, lying and being at Cutchogue, Town of
Southold, County of Suffolk and State of New York being more particularly bounded and
described as follows:
.
BEGINNING at a point on the East Side of Bridge Lane which marks the Southwest
comer of premises described herein, which said point is located North 46 degrees 39 minutes 40
seconds West 295.40 from the Northerly end of an arc of curve connecting the Northerly side of
Middle Road (CR 48) with the Easterly side of Bridge Lane, as measured along said Easterly side
of Bridge Lane;
RUNNING THENCE North 46 degrees 39 minutes 40 seconds West along the East side
of Bridge Lane 1366.84 feet to an iron pipe and lands now or formerly Jane J. Krupski, Stanley
W. Krupski and Stephen T. Krupski;
THENCE North 47 degrees 52 minutes 30 seconds East along said last mentioned lands
544.55 feet to an iron pipe and lands now or formerly WJK, LP;
THENCE South 45 degrees 42 minutes 30 seconds East along said lands now or
formerly WJK, LP 1323.96 feet to the "Reserve Parcel";
THENCE South 43 degrees 20 minutes 20 seconds West along said "Reserve Parcel"
520.83 feet to the East side of Bridge Lane, the to the point or place of BEGINNING.
.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
STEWART TITLE
INSURANCE COMPANY
.
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST-S-6677
ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 369047
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which
may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also
cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated.
.
This endorsement, when 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 15, 2006
STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company
... "'."Signed bY:.. / '
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Authorized Office or Agent -
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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 POLICY (10117/92)
CONDITIONS AND STIPULATIONS
.
1. DEFINITION OfTERMS.
The following terms when used in this policy meon:
(0) "insured": the insured named in Schedule A, and, subiectto any rights or defenses
the Company would hove hod against the named insured, those who succeed to the interest
of the named insured by operation of low os distinguished from purch"e including, but not
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary SU(cessors.
(b) "insured claimant": on insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice
which maybe imputed to on insured by reoson of the public records os defined in this policy
or any other records which import constructive nonce of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and improvements affixed
thereto which by low constitute reol 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 obu~ing streets, roods, avenues, alleys, lones, ways or
waterways, but nothing herein sholl modi~ or limit the extent to which 0 right of occess to
and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(~ "public records": records e~oblished under state statutes at Dote of Policy for the
purpose of importing constructive notice a! matters relating to real property to purchasers for
value and without knowledge. With respect to Section 1 (o)(iv) of the Exdusions From
Coveroge, "public records" sholl also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in which the land is
located.
(g) "unmorketobility of the title": on alleged oropporent mo~er affecting the title to
the land, not excluded or excepted from coverage, which would entitle 0 purchaser of the
estate or interest described in Schedule A to be released ham the obligation to purchase by
virtueofo controctuol condition requiring the delivery of morketoble 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 os the insured retains on estate or interest in th elond,orholdson
indebtedness secured byo purchase money mortgage given byo purchaser from the insured,
or only so long os the insured sholl hove liability by reason of covenants of warranty mode by
the insured in any tronsfer or conveyance of the estate or interest. This policy sholl not
continue in force in favor of any purchaser from the insured of either (i) on estate or interest
in the land, or (ii) on indebtedness secured by 0 purchase money mortgage given to the
insured.
3. NOTICE Of ClAIM TO BE GIVEN BY INSURED ClAIMANT.
The insured sholl noti~ the Company promptly in writing (i) in cose of any litigation os
set forth in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder a!
any doim of tide or interest which is adverse to the title to the estate or interest, os insured,
and which might couse loss or damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest, os insured, is reiected os unmorketoble. If
prompt notice sholl not be given to the Company, then os to the insured 011 liability of the
Company sholl terminate with regard to fhe motter or matters for which prompt notice is
required; provided, however, that failure to noti~theComponysholl in no cose preiudicethe
rights of any insured under this policy unless the Company sholl be preiudiced by the failure
and then only to the extent of the prejudice.
4. DEfENSE AND PROSECUTION Of AGlONS; OUTY Of INSURED CIAIMANTTO
COOPERATE.
(0) Upon written request by the insured and subiectto the options contained in Section
6 of these Conditions and Stipulations, the Company, at its own cost and without
unreasonable delay, sholl provide for the defense of on insured in litigation in which any third
party asserts 0 claim adverse to the title or interest os insured, but only os to those stated
cousesofoction alleging o defect, lienorencumbronceorothermo~erinsured against by this
policy. The Company sholl hove the right to select counsel of its own choice (subiectto the
right of the insured to obiect for reosonoble couse) to represent the insured os to those stated
couses of action and sholl not be liable for and will not pay the fees of any other counsel.
The Company will nol pay any fees, costs or expenses incurred by the insured in the defense
of those couses of action which allege mo~ersnotinsured against by this policy
(b) The Company sholl hove the right, at its own cost, to insiilute and prosecute any
oction or proceeding or to do any other oct which in its opinion may be necessory or desiroble
to establish the title to the estate or interest, osinsured,orto preven torreducelossor
damage to the insured. The Company may toke any appropriate oction under the terms of
this policy, whether or not it sholl be liable hereunder, and sholl not thereby concede liability
or waive any pravision of this policy. If the Campony sholl exercise it rights under this
poragroph,itsholldosodiligently.
/
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(c) Whenever the Company sholl hove brought on action or interposed 0 defense 0
required or permi~ed by the provisions of this policy, the Company may pursue any litigotior
to final determination bya court of competent jurisdiction and expressly reserves the right, il
its sole discretion, to oppeolfromonyodve~eiudgmentororder.
(d) In 011 coses where this policy permits or requires the Company to prosecute 0
provide for the defense of any oction or proceeding, the insured sholl secure to the Compon'
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 Company, the insured,ottheCompony'sexpense, shol
give the Company 011 reosonoble aid (i) in any oclion or proceeding, securing evidence
obtaining witnesses, prosecuting or defending the oction or proceeding, or effectin!
settlement, and (ii) in any other lawful oct which in the opinion of the Company may b,
necessory or desiroble to establish the title to the estate or interest a 5 insured. Ifth,
Company is preiudiced by the failure of the insured to furnish the required cooperation, th,
Company's obligations to the insured under the policy sholl terminate, including any liobili;
or obligation to defend, prosecute, or continue any litigation, with regord to the mo~er 0
matters requiring such cooperation.
5. PROOf Of LOSS OR DAMAGE.
In addition to and oher the notices required under Section 3 of these Conditions ani
Stipulations hove been provided the Company, 0 proof of loss or damage signed and sworn Il
by the insured doimont sholl be furnished to the Company within 90 days oher the insurer
claimant sholl ascertain the facts giving rise to the loss or damage. The proof of loss 0
damage sholl describe the defect in, or lien or encumbronce on the title, or other mo~e
insured against by this policy which constitutes the basis of loss or damage and sholl state, tl
the extent possible, the basis of coleuloting the amount of the loss or damage. If th,
Company is prejudiced by the failure of the insured doimontto provide the required proof 0
loss or damage, the Company's obligations to the insured under the policy sholl terminate
including any liability or obligation to defend, prosecute, or continue any litigation, witl
regordtothemotterormo~ersrequiringsuchproofoflossordomoge.
In oddilion, the insured doimont may reosonobly be required to submit to examinotior
under oath by any authorized representative of the Company and sholl produce fa
examination, inspection and copying, at such reosonoble times and places os may b,
designated by any authorized representative of the Company, 011 records, books, ledgers
checks, correspondence and memoranda, whether beoring 0 dote before or oher Dote 0
Policy, which reasonably pertoin to the loss or damage. further, if requested by an'
authorized representative of the Compony, the insured claimant sholl gront its permission, ir
writing, for any authorized representative of the Company to examine, inspect and copy 01
records, books, ledgers, checks, correspondenceondmemorondo in the custody 01 control ofl
third party, which reosonobly pertain to the loss or damage. All information designoted o.
confidential by the insured claimant provided to the Company pursuant to this Section shol
not be disclosed to others unless, in the reosonoble ludgment of the Company, it is necessar
in the odminislfotion of the claim. Failure of the insured claimant to submit for exominotior
under oath, produce other reasonably requested information or gront permission to secull
reasonably necessory information from third parties os required in this paragraph shal
terminate any liability of the Company under this policy os to that doi m.
6. OPTIONS TO PAY OR OTHERWISE SETTLE ClAIMS; TERMINATION Of LIABILITY.
In cose ofo daim under this policy. the Company sholl hove the following additiono
options:
(0) To Payor Tender Payment of the Amount of Insuranc..
To pay or tender payment of the amount of insuronce under this policy together with on<
costs. o~orneys' fees and expenses incurred by the insured doimont, which were authoriZe!
by the Company, up to the time of payment or tender of payment and which the Company i'
obligated to pay.
Upon the exercise by the Company of this option, 011 liability and obligations to thl
insured under this policy, other than to make the payment required, sholl terminate
induding any liability or obligation to defend, prosecute, or continue any litigation, and th,
policy shall be surrendered 10 the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to poy or otherwise se~le with other porties 101 or in the nome of on insure!
claimant any claim insured against under this policy, together with any costs, ottorneys'fee
and expenses incurred by the insured claimant which wereoutharized bytheCompony Uptl
the time of payment and which the Company is obligated to pay; or
(ii) to payor otherwise se~le with the insured claimant the loss 01 domogl
provided fOl under this policy, together with any cosls, o~orneys' fees and expenses incurre,
by the insured claimant which were authorized by the Company up to the lime of poymen
and which the Company is obligoted to pay.
{continued and concluded on last Dace of this Dolicvl
{;UNUITIUN~ ANU ~T1t'ULATlUN~ {;On,mUea
(continued and concluded from reverse side of Policy Face)
Upon the exercise by the Company of either of the options provided for in parogrophs
(b)(i)or (ii), the Company's obligations to tlie insured undertliispolicyforthe claimed loss or
damage, atlier tlian tlie payments required to be mode, sholl terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
. This policy is 0 controct of indemnity against actual monetary loss or damage sustained
or incurred by the insured claimant who has suffered loss or damage by reosan of moners
insured against by this policy and only to the extent herein described.
(0) The liability of the Company under this policy sholl not exceed the least of
(i) the Amount of 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 encumbronce
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 of the value of the insured estate or interest or the full consideration paid
for the estate or interest, whicliever is less, or if subsequent to the Dote of Policy on
improvement is erected on the land which increases the value of the insured estate or interest
by atleost 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 of insuronce at
Dote 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 mode, os to any portiolloss, 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 poragroph sholl not apply to costs, anarneys' fees and expenses for
whicli the Company is liable under this policy, and sholl only apply to that portion afanylass
which exceeds, in the aggregate, 10 percent of the Amount of Insuronce stated in Schedule A.
(c) The Company will pay only those costs, anarney's fees and expenses incurred in
occordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
. If the land described in Schedule A consists of two or more porcels which ore not used os
o single site, and 0 loss is established affecting one or more of the porcels but not 011, the loss
sholl be computed and senled on 0 pro rota basis os if the amount of insuronce under this
policy was divided pro rota os to the value on Oate of Policy of eoch seporate porcel to the
whole, exclusive of any improvements mode subsequent to Dote of Policy, unless 0 liability or
value has otherwise been agreed upon os to eoch porcel 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 anoched 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 lock of 0 right of occess to or from the land, or cures the claim of
unmorketability of title, 011 os insured, in 0 reasonably diligent manner by any method,
including litigation and the completion of any appeols therefrom, it sholl hove fully performed
its obligations with respect to that maner and sholl not be liable for any loss or damage
coused thereby.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company sholl hove no liability for loss or damage until there has
been 0 final determination by 0 court of competent jurisdiction, and disposition of 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
valuntorily assumed by the insured in senling any claim or suit without the prior wrinen
consent of the Company.
10. REDUmON OF INSURANCE; REDUmON OR TERMINATION OF LIABILITY.
All payments under this policy, except payments mode for costs, anorneys' fees and
expenses, sholl reduce the amount of the insurance pro tanto.
II. LIABILITY NONCUMUlATIVE.
It is expressly understood that the amount of insuronce under this pali cyshall be reduced
by any amount the Company may pay under any policy insuring 0 mortgage to whicli
. exception is token in Schedule B or to which the insured lias agreed, assumed, or token
subject, or which is hereoller executed by on insured and which is 0 chorge or lien on the
estate or interest descrilied or referred to in Schedule A, and the amount so paid shall lie
deemed 0 payment under this policy to tlie insured owner.
12. PAYMENT OF LOSS.
(0) No payment sliall be mode without producing this policy for endorsement of the
payment unless the policy has been lost or destroyed, in which cose proof of loss or
destruction sholl be furnished to the satisfaction of the Company.
(Ii) When lialiility and the extent of loss or damage has been definitely fixed in
occor.dance with these Conditions and Stipulations, the loss or damage sholl be payable
within 30 days thereoller.
13. SUBROGATION UPON PAYMENT OR SffiLEMENT.
(0) The Company's Right of Subragaffan.
Wlienever the Company shallliave senled and paid 0 claim under this policy, all right of
subrogation sholl vest in the Company unaffected by any oct of the insured daimant.
The Company sholl be subrogated to and be entitled to 011 rights and remedies which the
insured daimant would hove hod against any person or property in respect to the daim had
this policy not lieen issued. If requested by the Company, the insured daimant sholl tronsfer
to the Company 011 rights and remedies against any person or property necessary ia order to
perfect tbis right of subrogation. Tlie insured daimont sholl permit the Company to sue,
compromise or senle in tlie nome of the insured daimant and to use tlie nome of the insured
daimant in any tiansactioo or litigation involving these rights or remedies.
if 0 payment on occount of 0 daim does not fully cover the loss of tlie insured daimant,
the Company sholl be subrogated to these rights and remedies in the proportion which the
Company's payment beors to the whole amouat of the loss.
If loss should result from any oct of the insured daimant, os stated above, thatoctsliall
nol void this policy, but the Company, in that event, sholl be required to pay only that port of
any losses insured against by this policy whicli sholl exceed the amount, if any, lost to the
Company by reason of the impairment by the insured daimant of the Company's right of
subrogation.
(b) The Compaay's Rights Against Non-insured Obligo~.
The Company's right of subrogation against non-insured obligo~ sholl exist and shall
include, without limitation, the rights of the insured to indemnities, guoronties, other polici es
of insuronce or bonds, notwithstanding any terms or conditions contained in those
instruments which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicoble low, either the Company or the insured may demand
orbitrotion pursuant to the Title Insuronce Arbitrotian Rules of the Americon Arbitrotion
Association. Arbitroble maners may indude, but ore not limited to, any controversy or claim
between the Company and the insured orising out of or relating to this policy, any seNice of
the Company in connection with its issuance or the breach of 0 policy provision or olher
obligation. All orbitroble maners, when the Amount of Insuronce is $1,000,000 or less shall
be orbitroted at the option of either the Company or the insured. All orbitroble maners when
the Amouat of Insuronce is in excess of $1,000,000 sholl be orbitroted only when agreed to
by both the Company and the insured. Arbitrotion pursuant to this policy and under the Rules
in effect on the dote the demand for arbitration is mode or, at the option of the insured, the
Rules in effect at Dote of Policy sholl be binding upon the parties. The aword may include
anorneys' fees only if the lows of the state in which the land is locoted permit 0 court to
oword anarneys' fees to 0 prevailing party. Judgment upon the oword rendered by the
Arbitrator(s) may be entered in any court having jurisdiction thereof.
The low of the situs of the land sholl apply to on arbilration 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 CONTRAU.
(a) This policy together with 011 endorsements, if any, anached hereto by the Com pony
is the entire policy and controct between the insured and the Company. In interpreting any
provision of this policy, this policy sholl be construed aso whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which orises
out of the status of the litleta 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 con be made except by 0 writing
endo~ed hereon or anached hereto signed by either the President, 0 Vice President, the
Secretory, on Assistant Secretory, or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceabl eunderopplicable
low, the policy sholl be deemed not to include that provision and 011 other provisions sholl
remain in full force and effect.
17. 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 shall be addressed tolhe
Company at 300 East 42nd Street, New Yor~ New York 10017.
STEWART TITLE@
INSURANCE COMPANY
STEWART TITLE@ I
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INSURANCE COMPANY
POLICY
OF
TITLE
INSURANCE
STEWART TITLE@
INSURANCE COMPANY
300 East 42nd Street
New York, New York 10017
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INSlJRA:I(CE COMPANY
POLICY
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INSl-'RANCE COMPANY
300 East 42nd Street
New York, New York 10017
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STEWART TITLE@ +
INsrRANC"'~ COMPANY
POLICY
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TITLE
INSURANCE
STEWART TITLE@
INSURANCE COMPANY
300 East 42nd Street
New York, New York 10017
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
.,.
The undersigned, owner of- 1ft,
acres of active farmland and/or
acres of
/ non-farmland, situated at Suffolk County Tax Map NO.1 000-84-2-2.1 that is proposed to be
.
.
acquired by the Town of South old in Suffolk County Agricultural District #1, pursuant to
Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my
right to require the Town of South old to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
Proiect Sponsor
Landowner
TOWN OF SOUTH OLD
BY:~
d~
SCOTT A. RUSSELL, Supervisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
;g-mls~
THE DOROTHY SHALVE REVOCABLE TRUST
By'
THE ESTATE OF THOM~ L. SHALVEY
By: O~/~
C~ERINE RUS 0 Co-
By:~ .
THOMAS SHALVEY,
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STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the &day of ~..f _ , 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 SOUTH OLD;
that he knows the seal of said municipal corporation; that the seal affixed to said instrument
is such corporate seal; and that by his signature on the instrument, the individual, or the
municipal corporation upon behalf of which the individual acted, executed the instrument
and affixed the seal thereto by like order.
)ss:
Iltul;1 ~ .p JdJ1)1
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 FA4950146
Qualified In Suffolk County
Commission Expires April 24, cflr6 7
STATE OF /JEUJ 'loR-X )
COUNTY OF .s;umiJ( )
)ss:
On the IS-~ day of ~~ , 2006, before me personally appeared
FRANK A. BLADOS, pe onally 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/she executed the same as owner of the subject premises; and
that by her signature on the instrument, the individual, or the persons upon behalf of which
the individual acted, executed the instrument.
/J~;1j I!.~
Notary Public
PATRICI!I, L. FALLC;N
Notary Public. StateYof14h68W York
1\1 01FA!W:J
1'110. "ff \k County
QualiMd In Su,o~ April 24, ~7
Commission Exp" oS
STATE OF AJo.J 'I"IY( )
COUNTY OF J:.t!Fr'tJl...K. )
On the ,(/)d day of , 2006, before me personally appeared
DOROTHY SHALVEY, ersonally 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/she executed the same as owner of the subject premises;
and that by her signature on the instrument, the individual, or the persons upon behalf of
which the individual acted, executed the instrument.
)ss:
p~ ;f.~
Notary Public
RICIA L FALLON
Notar;~~bl~i rii\r5~; ~w York
Q 1'1",;'0 In <,,'I '-itoP< County
lj? L .',' . v.... - - '\ 24
com'"'mission Expires Apn I
{i1# 7
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STATE OF ))t7U Y~d )
COUNTY OF ~v~tJ( )
)ss:
On the 15ft day of ~.tw-R- , 2006, before me personally appeared
CATHERINE RUSSO, 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/she executed the same as owner of the subject premises;
and that by her signature on the instrument, the individual, or the persons upon behalf of
which the individual acted, executed the instrument.
fJ~~.~
Notary Public
PATRICIA L. FALLON
Notary Public, State 0f New York
No. 01 FM950146
QU8.!ifiod In f.:uHolk COL!nty ~",
Commi3sion Expires April 24, O<-OU 7
STATE OF )J@J 'Y6R-K.
COUNTY OF ..fMFHU( )
)ss:
On the /.51:k day of 9-~ ,2006, before me personally appeared
THOMAS SHALVEY, Jf(., 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/she executed the same as owner of the subject premises;
and that by her signature on the instrument, the individual, or the persons upon behalf of
which the individual acted, executed the instrument.
P~Jf.~
Notary Public
PATRICIA L. FALLON
Notary Public, State 0f New York
No.01FA4950146
Qualified In Suffolk County
Comml3sIon Expires April 24, r::ld37
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New York State Department of Environmental Conservation
.vision of Lands & Forests
'llllll\!rureau of Real Property, 51h Floor
625 Broadway, Albany, New York 12233-4256
Phone: (518) 402-9442 . FAX: (518) 402-9028
Website: www.dec.state.ny.us
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April 6, 2007
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Melissa Spiro
Department of Land Preservation
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
DEPT. OF L!,ND
~f;:: ~~;~\.';;Ti::N
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
.
CE: Suffolk 439
Grantor: Thomas 1. Shalvey, Jr. & Catherine Russo, as Co-Executors, and
Dorothy Shalvey and Frank A. Badados, Jr.
Liber: DI2458 Page: 923
The conservation easements cited above have been so identi fied for our indexing and
filing purposes. This number may be needed for the landowner to claim a conservation easement
tax credit. When contacting this office about these parcels, please use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
;;;;~z14,Ji.
Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Propcliy
TAR:gm
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MELlSSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa. spiro @town.southold.ny.us
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Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs A venue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTH OLD
April 2, 2007
NYSDEC
Bureau of Real Property
625 Broadway, 5th Floor
Albany, NY 12233-4256
Attention:
Re:
Tim Reynolds
Conservation Easements Registry
SHALVEY. RUSSO & SHALVEY & BLAnOS to TOWN OF SOUTHOLD
Dear Mr. Reynolds:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural
property located within the Town of Southold to be registered with the New York State Department of
Conservation. Details regarding this easement are as follows:
.
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
UBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Thomas L. Shalvey, Jr. & Catherine Russo, as
Co-Executors, and Dorothy Shalvey and Frank A.
Balados, Jr.
Town of Southold
July 12,2006
D00012458
923
5200 Bridge Lane, Cutchogue, NY
16.4307 acres
1000-084.00-02.00-002.004
Kindly acknowledge receipt of this docnment by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
~~
Melissa Spiro
Land Preservation Coordinator
enc.
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Thomas L Shalvcy, 1r.. P.O. Box 911, CutchOgllC, NY 1 !935 - w/o CllC.
cc:
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THOMAS L. SHALVEY, JR. and CATHERINE S. RUSSO, as Co-Executors
of the Estate of Thomas L. Shalvey, Sr.,
DOROTHY SHALVEY and FRANK A. BLADOS, JR.
to
TOWN OF SOUTHOLD
SCTM #1000-84-2-2.1 (16.4307 development rights easement)
5200 Bridge Lane, Cutchogue
Closing held on: Thursday, June 15, 2006 @ 10:00 a.m.
Town of Southold - Department of Land Preservation
(from left to right)
Dorothy Shalvey (front), Frank A. Blados, Jr. (rear),
Catherine S. Russo, Supervisor Scott A. Russell, Thomas L. Shalvey, Jr.
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTH OLD
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservalion Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
From:
Meiissa Spiro, Land Preservation Coordinator
Date:
June 20, 2006
Re:
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Peconic Land Trust, Inc.
The Nature Conservancy
SHALVEY, RUSSO. SHALVEY & BLADOS to TOWN OF SOUTH OLD
plo SCTM #1000-84-2-2.1
Development Rights Easement
Please be advised that the Town has acquired a development rights easement on the agricultural
farmland listed below. If you would like additional information regarding the purchase, please feel
free to contact me.
LOCATION: 5200 Bridge Lane, Cutchogue
PROPERTY OWNERS: Thomas L. Shalvey, Jr. and Catherine Russo (as Executors of
the Estate of Thomas L. Shalvey, Sr.), Dorothy Shalvey and
Frank Blados, Jr.
PURCHASE DATE: Thursday, June 15,2006
PURCHASE PRICE: $813,592.00 (based on 15.646 buildable acres @
$52,000/buildable acre)
TOTAL PARCEL ACREAGE: 19.9356 acres
EASEMENT ACREAGE: 16.4307 acres
FUNDING: CPF 2% Land Bank
L1PA EASEMENT: 0.7847 acre included within the development rights easement
MISCELLANEOUS:
This property is listed on the Town's Community Preservation
Project Plan. An Ag Structure Area of 3.6671 acres was
designated within the easement area for the location of any
future ag structures.
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1 School: MaUituck School
Land AV: 5.800
TotalAV: 10AOO
Miscellaneous
Book: 12296
Page: 301
Mortg:
Bark
Acct No: 13
Land 0 of 0
Page
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E "emption
Code
Total: 0
Special D islrict
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FD029 Cutchogue f[
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SHAL VEY FARM
SCTM #1000-84-2-2.1
5200 Bridge Lane
Cutchogue, New York
Photo taken along easterly side of Bridge Lane
at southwesterly corner of development rights easement
facing in a northerly direction
in the year 2005
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