HomeMy WebLinkAboutShur, Randy Scott
111111111111 1111111111111111111111111 111111111111111111
1111111 11111 111111111 1111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT /OOP
NUmber of Pages: 15
Receipt NUmber : 06-0076536
TRANSFER TAX NUMBER: 06-00845
Recorded:
At:
08/07/2006
05:46:22 PM
LIBER:
PAGE:
D00012463
230
District:
1000
Deed Amount:
Section:
094.00
EXAMINED AND
$767,171.80
Block:
03.00
CHARGED AS
Lot:
001.012
FOLLOWS
Received the Following Fees For
Page/Filing
COE
TP-584
Cert.Copies
SCTH
Comm.Pres
$45.00
$5.00
$5.00
$9.75
$0.00
$0.00
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Transfer tax
NO
$5.00
$15.00
$0.00
$30.00
$0.00
Exempt
NO
NO
NO
NO
NO
Fees Paid
$114.75
TRANSFER TAX NUMBER: 06-00845
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
rD)/E ~ /E ~ w rern\
Ul1 S E P - 8 2006 l!:!J
OEPT. OF LAND
PRESERVATION
.
ww
~:EC!]r:;:U,::[:'
.
2006 AUI] 07 O~i: 4t.; .22 F'i'"i
Number of pages
TORRENS
Judi. t.!-: 1=:, F'.;J5c:-31e
CLEFK OF
';UFFOLf::: CCU:",j,T'-;'
L DOOD 1246.3
Serial #
,-, .-,-:r,-,
r L-~d__'
DT#: Dt>-'OC~:;4.5
Certificate #
Prior Ctf. #
Deed I Mortgage Instrument
Deed I Mortgage Tax Stamp
Recording I Filing Stamps
3
FEES
Mortgage Am!.
1. Basic Tax
2. Additional Tax
Sub Total
Spec.! Assit.
or
Spec. I Add.
TOT. MTG. TAX
Dual Town _ Dual County
Held for Appointment
Transfer Tax k X€7i1/Jr
Mansion Tax
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.
4 Disl./Dm> SI
1000 09400 0300 001012
5 Community Preservation Fund
Consideration Amount $ 7",? 17J, i()
Real Property
Tax Service
Agency
Verification
CPF Tax Due
$ ICXenpr
Improved
Vacant Land
./
6 SatisfactionslDischarges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
L I S"1 ()JIF(.~ /.(tJnJ8.e/A/;(, fSQ,
<f .j s f! II m,071i/J ~,
JtJU nll1/YJPTtJ A0 NY J / 9 tot?
TO
TO
TO
,
7 Title Com Jan Information
Co. Name S 7V.u.q,<i!.:r TrUE
Title # Sr-s- 7~
'I'
8
Suffolk Count Recordin
& Endorsenlent Pa e
This page forms part of the attached 61VfNT d F !J~YtJJ..()l'mENr 106N7S E/Jsc/J?eolVr
(SPECIFY TYPE OF INSTRUMENT)
made by:
ltitNl>1.j SCtJrr SHulL
,xThe premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO
70 wAf () F S'/JU77#J/..A
In the Township of
In the VILLAGE
S'() f.<T7ftJ/..t)
or HAMLET of /Y},q'1T/ ntq(
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
.
. ,
IMPORTANT. NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE. please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes. 'vou will now need to
contact your local Town Tax Receiver so that YOU may be bIlled directly for all future property tax
statements. I
Local property taxes are payable twice a year: on or before January 10'" and on or before May 31".
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst. N.Y. 11757
(631) 957-3004
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead. N.Y. 11901
(631) 727-3200
Brookhaven Town Receiver of Taxes
250 East Main Street
Port Jefferson. N.Y. 11777
(631) 473-0236
Shelter Island Town Receiver of Taxes
Shelter Island Town Hall
Shelter Island. N.Y. 11964
(631) 749-3338
East Hampton Town Receiver of Taxes
300 Pantigo Place
East Hampton. N.Y. 11937
(631) 324-2770
Smithtown Town Receiver of Taxes
99 West Main Street
Smithtown. N.Y. 11787
(631) 360-7610
Huntington Town Receiver of Taxes
100 Main Street
Huntington. N.Y. 11743
(631) 351-32 I 7
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton. N.Y. 11968
(631) 283-6514
lslip Town Receiver of Taxes
40 Nassau Avenue
IsIip, N.Y. 11751
(631) 224-5580
Southold Town Receiver of Taxes
53095 Main Street
Southold. N.Y. 11971
(631) 765-1803
Sincerely.
~1:4
Edward P. Romaine
Suffolk County Clerk
dw
2/99
\2-0104;: 07/02cg
"
7/28/06
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ,l [S day of
JU f..- Y , 2006 at Southold, New York. The parties are RANDY SCOTT SHUR, 4050
Soundview Avenue, Mattituck, New York (herein 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").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property located at
4050 Soundview Avenue, Mattituck in the Town of Southold, Suffolk County, New York,
part of SCTM# 1000-94-3-1.6, more fully described in SCHEDULE A attached hereto,
made a part hereof and hereinafter referred to as the "Property"; and as shown on the
survey dated June 30, 2006 and last dated July 24, 2006 (see lower right hand corner)
prepared by John C. Ehlers.
WHEREAS, the Property is located in the AC Zoning District of the Town of
Southold which designation, to the extent possible, is intended to prevent the
unnecessary loss of those currently open lands which contain prime agricultural soils as
outlined in the Town Code of the Town of Southold, Section 100-30; and
WHEREAS, the Property contains soil classified as Class I and Class II worthy of
conservation as identified by the United States Department of Agriculture Natural
Resources Conservation Service 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 in an agricultural capacity; and
WHEREAS, the Property is currently in agricultural use as a nursery and row crop
farm; 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 agricultural economy; and
WHEREAS, the Property in its present scenic, open and agricultural condition has
substantial and significant value as an aesthetic and agricultural resource since it has
not been subject to any extensive 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 development of the Property
while permitting compatible uses thereof;
NOW THEREFORE, in consideration of Seven Hundred and Sixty-Seven Thousand
One Hundred and Seventy-One Dollars and 80/100 ($767,171.80) 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
shall restrict the premises shown and designated as the Property herein, more
particularly bounded and described on Schedule "Au annexed hereto and made a part of
this instrument.
TO HAVE AND TO HOLD said Development Rights Easement 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 fee ownership and 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 shall 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 follows:
0.01 Grantor's Ownershio
Grantor warrants to the Grantee that Grantor is the owner of the Property
described in Schedule A, free of any mortgages or liens except and has 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 open spaces and natural or
scenic resources.
0.03 Puroose
The parties recognize the agricultural values of the Property which foster
environmental, natural and scenic benefits 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 agricultural values, including its prime, statewide important and
unique agricultural soils, 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 Recognition
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
enactment of Environmental Conservation Law, Article 49-0301, et. seq. and 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.
Grantee makes this determination based on a survey dated June 30, 2006 and last
dated July 24, 2006 prepared by John C. Ehlers and an Environmental Site Assessment
dated July 24, 2006 prepared 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 Tvoe
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 the agricultural production
as that term is presently referenced in Section 247 of the New York General Municipal
Law and/or defined in the "Agricultural Lands" Chapter (currently Chapter 70) of the
Town Code of the Town of South old and as provided in this easement.
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 incorporeal 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 every one 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 Southold 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 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: Mining
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 and 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 shall 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 activities, without the prior written consent of
Grantee.
3.03 Subdivision
The Property may not be 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 Property
into two or more parcels, in whole 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. Further, notwithstanding the restrictions contained in
this 3.03, Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by the Town Code, reconfigure existing property
lines with contiguous parcels for the purpose of agricultural production. All resulting
parcels must be at least 7 acres of preserved land.
3.04 Dumoing
The dumping or accumulation of unsightly or offensive materials including, but
not limited to trash, garbage, sawdust, or chemical waste on the Property shall be
prohibited. This prohibition shall exclude materials used in the normal course of sound
agricultural practices on the property, including fertilization, composting and crop
removal.
3.05 Sians
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. All 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 on the Property shall be prohibited
without the prior written consent of the Grantee, except for drywells, drainage or
systems used to service permitted agricultural or conservation uses on the property.
Utilities must, to the extent possible, be constructed within 30 feet of the centerline of
roads or driveways, and may be used solely to service the permitted structures on the
property.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential, commercial
or industrial use shall be prohibited. For the purposes of this section, agricultural
production, as that term is referenced in Section 247 of the General Municipal Law and
lor defined in Chapter 25 of the Town Code, shall not be considered a commercial use.
No improvements or activity inconsistent with current or future agricultural production
shall be permitted on the Property.
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.
3.09 Drainaqe
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service the permitted structures on the property. The use of the
Property for a drainage basin or sump shall be prohibited, except in accordance with
sound agricultural management practices in order to control flooding or soil erosion on
the Property.
3.10 Develooment Riqhts
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 new
structures and to maintain and replace pre-existing structures, if any and as 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 Ownership
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,
New York State, or federal law.
4.04 Landscaoina 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, damaged or interfering with agricultural production.
4.05 Aaricultural 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, provided that such activity shall be conducted in
accordance with the purposes of this Easement. Notwithstanding the definition of
agricultural production in the "Agricultural Lands" Chapter of the Town Code (currently
Chapter 70), 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 South old 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, provided such structures are used
for agricultural production;
(iii) Renovation, maintenance and repair of existing structures which
require a building permit, provided the purpose of the structure
remains agricultural production.
(iv) Maintenance, repair and/or relocation of existing stone driveway at
northwesterly end of the Property providing ingress and egress to
the residence located at the northeasterly end of the Property.
(v) Creation, maintenance and repair of an unpaved or gravel farm
road for ingress and egress to the Property, said road to be located
at the northwesterly end of the Property.
B. Restrictions on Location of New Structures. No new construction shall be
permitted within the "scenic no structure area" shown on survey dated June 30, 2006
and last dated July 24, 2006 prepared by John C. Ehlers and included in the attached
Schedule "A" and separately described as the "Scenic no structure area".
C. Conditions. Any allowable improvements shall protect prime agricultural
soils, agricultural production, open space and scenic vistas, to the maximum extent
practicable and otherwise be consistent with the Purpose of this Easement.
D. 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 taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienabilitv
Grantor shall have the right to convey, mortgage or lease all of its 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, 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,
Iiber 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. This provision shall not
preclude Grantor from contesting such amounts and from deferring payment during
such contest period. 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 arising
from the physical maintenance or condition of the Property 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 Grounds Maintenance
Grantor may remove or restore trees, shrubs or other vegetation when
dead, diseased, decayed or damaged, and thin and prune trees.
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 and not more frequently than annually without Grantor's
consent 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 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, and earth movement, 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 resulting from such causes.
6.03 Enforcement Rights 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 open space values or otherwise to further the purposes of this Easement and
which cure period is extended to a reasonable time if such restoration cannot
reasonably be accomplished within 15 days) , 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.
Grantor shall pay either directly or by reimbursement to Grantee all reasonable
attorneys' fees, court costs and other expenses incurred by Grantee (herein called
"Legal Expenses") in connection with any proceedings under this Section, as approved
by the Court.
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 manual 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 Extinquishment of Easement/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it
determines that conditions surrounding the Property have changed so much that it
becomes impossible to fulfill the Purpose of this Easement described in Section 0.03,
extinguish or modify this Easement in accordance with applicable law. In that case, the
mere cessation of farming on the Property shall not be construed to be grounds for
extinguishment of this Easement.
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 attributable to the development rights transferred
hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
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 Conservation Easement may be amended only with the written consent of
Grantee and current Grantor. Any such amendment shall be consistent with the
Purpose of this Easement and shall comply with all applicable law and any regulations
promulgated thereunder. Any such amendment shall be duly recorded.
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.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to applicable provisions of the Town Code of the Town of
Southold, 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 the property rights or interests which were
acquired by the Town prior to any such amendment.
7.04 Severability
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 Governing Law
New York Law applicable to deeds and easements pertaining to land located
within New York 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 shall 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 any images of the property for
public or commercial use.
7.08 Warranties
The warranties and representations made by the parties in this Easement shall
survive its execution.
7.09 Recording
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 Headings
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
7.11 Proceeds
The grant of this Easement gives rise to a property right, immediately vested in
Grantee, which, for purposes of calculating proceeds from a sale or other disposition of
the Property as contemplated under Section 6.06 ("Extinguishment of Easement''), shall
have a value equal to a percentage of the value of the Property unencumbered by this
Easement (the "Proportionate Share"). The Proportionate Share is 72.5 per cent. The
Proportionate Share shall remain constant (subject to reasonable adjustment to the
extent permissible under Section 170(h) of the Internal Revenue Code for any
improvements which may hereafter be made on the Property).
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:
~~~~
/ANDY COTT SHUR
ACKNOWLEDGED AND ACCEPTED:
TOWN :ZOLOf Grantee
BY: Z/Jtr~"~lq
SCOTT A. RUSSELL, Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this<<f day of.]t(A. 'I in the year 2006 before me, the undersigned,
personally appeared flW!J'/SC8TTSiNe., 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~ t,~
Notary Public
STATE OF NEW YORK )
P^TPISIA L. FALLON
NotJry i\I>':-:i'.:. -:':.::t:-" ':-f ~'.!ew York
No. 0'l1-"'A4J50145
QuaiiHed In SLJHoik County
Commission Expires April 24, ~7
COUNTY OF SUFFOLK ) SS:
On this oIl day of.:JL/4}I in the year 2006 before me, the undersigned,
personally appeared 'x6T7 It, &rsCLc- ,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.
.pWjn~_t<~_
Notary Public
PATRICIA L. FALLON
Notary Public, State (If N~w York
No. 01 FA4950140
Qualified In SuHo:k Co~nty
Commi3sion Expires Apnl 24, J..nJ 7
C:\My Documents\Anne\ Town of Southold Deeds of Development Rights\ShurEasement72706.doc
......,~-....., '<~
....
/
~~.r''!''''''
/~
...,,"'-'
//
/'
--",pI""-
"--
"_, .1.,'0'- .... ~fi..t;~.,'{..,~""'-:-'>',ot:.:;~;"';~;~."
\----....
. .
Stewart Title Insurance Company
Title No: ST -8-7365
Policy No.: 0-8831-369143
Schedule A Description
(AMENDED 7/26/06)
'tOWN OF SOVTHOLD PARCEL DEVELOPMENT RIGHTS ONLY.
ALL that certain plot, piece or parcel of land with. the buildings and improvements
thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a monlll11ent at the South.east comer of Soundview Avenue and from
said point of beginning;
RUNNING THENCE along the Southerly side of a right of way North 49 degrees 52
minutes 20 seconds East 36.09 feet to other lands of the grantor;
THENCE along said land:
J) South 26 degrees 02 minutes 10 seconds East J 80.64 feet;
2. South 25 degrees 48 minutes 00 seconds East 200.40 feet;
3) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or fonnerly Jorg
Menger;
THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or
fonnetly Jorg Menger 1530.85 feet to lands now or fonnerly Allan. Arrieta;
THENCE along said lands now or fonnerly Allan Arrieta South 63 degrees 25 minutes
10 seconds West 375.73 to lands now or fonnerly Robert G. Rowehl;
THENCE Northwesterly along said lands now or formerly Robert G. Rowehl;
1) North 25 degrees 40 minutes 00 seconds West 403.20 feet;
2) North 25 degrees 27 minutes 00 seconds West 824.65 fect;
- 3) North 25 degrees 48 minutes 00 seconds West 506.27 feet;
4) North 26 degrees 02 minutes 10 seconds West J 71.78 feet to the Southerly side of a right of
way, to the point or place of BEGINNING.
. .
Together with a right of way over premises irrevocably offered for dedication in Liber 11749
Page 723 to and from Soundview Avenue.
Included in the above described premises is a "Scenic no structure arca" more particularly
bounded and described as follows:
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at the Northwest corner of premises described herein located the following
3 courses and distances from a monument at the Southeast corner of Soundvicw Avenue:
1. Along the Southerly side of a right of way North 49 degrees 52 minutes 20 seconds East
36.09 feet to other lands of the grantor;
2) South 26 degrees 02 minutes 10 seconds East 180.64 feet;
3) South 25 degrees 48 minutes 00 seconds East 200.40 feel and from said true point or place of
BEGINNING.
4) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or formerly Jorg
Menger;
THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or
formerly Jorg Menger 150.00 feet;
THENCE South 63 degrees 49 minutes 10 seconds West 325.56 feet;
TH.ENCE North 25 degrees 48 minutes 00 seconds West 150.00 feet to the point or
place of BEGINNING.
TOGETI:fER with all right. title and interest of the party of the first part. in and 10 the land lying in the street in front
of and adjoining said premi....
ALTA,OWNER'S POLICY - 10-17-92
.
.
~ ~ _,~_~ """ ~;r~' :w.
~-- - '. "", -'.. . < . ,., ..' ~ ,- -, "t~
; ;',,;;:~g~g~g--:-~~~-:-~~~ct~ ,; .~..,
'~,
. d
'f,
,'~I
1'~ II,
((I., '::!
:(I'~ I)
':(I~,I?
POLICY OF TITLE INSURANCE ISSUED BY
STE~ART TITLE@
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINEO IN SCHEOULE B ANO THE
CONOITIONS ANO STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company,
insures, as of Oate 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 I
extent provided in the Conditions and Stipulations. I
IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duiy authorized j
officers as of the Oate of Policy shown in Schedule A. t
STEWART TITLE@ I
INSURA~CE COMPANY t
Countersigned by:
L7G/~- ~
~~re::ent
Ju. ~a~-tJ
~ '
. ,/
) q-u/
........._~
EXCLUSIONS FROM COVERAGE
The following mone5 ore expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, onorneys' fees or expenses which orise by reosan
of:
1. (0) Any low, ordinance or governmental regulation (including but not limited to building and zoning lows, ordinances, or regulations) restriding, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the choroder, dimensions or location of any improvement now or hereofter ereded on the land; (iii) 0 seporotion in
owne5hip or 0 change in the dimensions or area of the land or any parcel of which the land is or was 0 port; or (iv) environmental protedion, or the effed of any violation of these
lows, ordinances or governmental regulations, except to the extent that 0 notice of the enforcement thereof or 0 notice of 0 defect, lien or encumbronce resulting from 0 violation or
alleged violation offeding the land has been recorded in the public records at Dote of Policy.
(b) Any governmental police power not excluded by (0) above, except to the extent that 0 notice of the exercise thereof or 0 notice of 0 defed, lien or encumbronce resulting
from 0 violation or alleged violation offeding the land has been recorded in the public records at Dote of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dote of Policy, but not excluding from coverage any taking which has
o((urred prior to Dote of Policy which would be binding on the rights of 0 purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other moners:
(0) created, suffered, assumed or agreed to by the insured c1oiment;
(b) not known to the Company, not recorded in the public records at Dote of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the dote the insured c10iment become on insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) onoching or created subsequent to Dote of Policy; or
(e) resulting in loss or damage which would not hove been sustained if the insured claimant hod paid value for the estate or interest insured by this policy.
4. Any claim which orises out of the tronsodion vesting in the Insured the estate or interest insured by this policy, by reosan of the operation of federal bankruptcy, state
insolvency, or similor creditors' rights lows, that is based on:
(0) the tronsadion creating the estate or interest insured by this policy being deemed 0 froudulent conveyance or froudulenttronsfer; or
(b) the tronsodion creating the estate or interest insured by this policy being deemed 0 preferentioltronsfer except where the preferential tronsfer results from the failure:
(i) to timely record the instrumentoltronsfe!; or
(ii) of such recordation to import notice to 0 purchaser for value or 0 judgment or lien creditor.
~~!~r~:f 0-8831- 3 6 914 3
-- ~ --- ....- -- -- ....... ..,.,..,.
NY-001 (10-17-92)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (c) Whe'''eI the Company sholl hove brought a' action or interposed 0 defense os
The following terms when used in this policy mean: required or permined by the provisions of this policy, the Company may pursue any litigation
(a) "insured": the insured named in Schedule A, and, subject to any right or defenses to final determination by 0 court of competent jurisdiction and expressly reserves the right, in
the Company would hove hod against the named insured, those who succeed to the intelest its sole discretion, to appeal from any odvelse judgment or order
of the named insured by operation of low os distinguished from purchase induding, but not (d) In 011 coses where this policy permits or requires the (ompony to prosecute or
limited to, heirs, distributees, devisees, survivors, pelsonol representatives, next of kin, or provide for the defense of any action or proceeding, the insured sholl secure to the Company
corporate or fiduciory successors. the right to so prosecute or provide defense in the action or proceeding, and 011 appeals
(b) "insured doimont": on insured doiming loss or damage. therein, and permit the (ompony to use, at it option, the nome of the insured for this
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice purpose. Whenever requested by the (ompony, the insured, at the (ompony's expense, sholl
which may be imputed to on insured by reason of the public records os defined in this policy give the (ompony 011 reasonable aid (i) in any action or proceeding, securing evidence,
or any other records which import constructive notice of moners affecting the land. obtaining witnesses, prosecuting or defending the action or proceeding, or effecting
(d) "land": the land described or referred to in Schedule A, and improvement affixed senlement, and (ii) in any other lawful oct which in the opinion of the (ompony may be
thereto which by low constitute real property. The term "land" does not indude any property necessary or desiroble to establish the title to the estate or interest os insured. If the
beyond the lines of the area described or referred to in Schedule A, nor any right, title, (ompony is prejudiced by the failure of the insured to furnish the required cooperation, the
interest, estate or easement in obuning streets, roods, avenues, alleys, lones, ways or (ompony's obligations to the insured under the policy sholl telminote, induding any liability
waterways, but nothing herein sholl modify or limit the extent to which 0 right of access to or obligation to defend, prosecute, or continue any litigation, with regord to the moner or
and from the land is insured by this policy. monels requiring such cooperation.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. S. PROOF OF LOSS DR DAMAGE.
(Q "public records": records established under state statutes at Dote of Policy for the In addition to and after the notices required under Section 3 of these (onditions and
purpose of importing constructive notice of moners relating to real property to purchasers for Stipulations hove been provided the (ompony, 0 proof of loss or damage signed and sworn to
value and without knowledge. With respect to Section I (o)(iv) of the Exdusions From by the insured doirnont sholl be furnished to the (ompony within 90 days oftel the insured
Coverage, "public records" sholl also indude environmental protection liens filed in the doimont sholl ascertain the facts giving rise to the loss or damage. The proof of loss or
records of the derk of the United States district court for the district in which the land is damage sholl describe the defect in, or lien or encumbronce on the title, or other moner
locoted. insured against by this policy which constitutes the basis of loss or damage and sholl state, to
(g) "unmorketobility of the title": an alleged or apparent moner affecting the title to the extent possible, the basis of colculoting the amount of the loss or domoge. If the
the land, not exduded or excepted from coverage, which would entitle 0 purchaser of the (ompony is prejudiced by the failure of the insured doimont to provide the required proof of
estate or interest described in Schedule A to be released from the obligation to purchase by loss or damage, the Company's obligations to the insured undel the policy sholl terminate,
virtue of 0 controctual condition requiring the delivery of morketoble title. induding any liability or obligation to defend, prosecute, or continue any litigation, with
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. regord to the moner or moners requiring such proof of loss or damage.
The coverage of this policy sholl continue in force os of Dote of Policy in favor of on In addition, the insured doimont may reasonably be required to submit to examination
insured only so long os the insured retains on estate or interest in the land, or holds on under oath by any authorized representative of the Company and sholl produce for
indebtedness secured by 0 purchase money mortgage given by 0 purchaser from the insured, examination, inspection and copying, at such reasonable times and places os may be
or only so long os the insured sholl hove liability by reason of covenants of warranty mode by designated by any authorized representative of the (ompony, 011 records, books, ledgers,
the insured in any tronsfer or conveyance of the estate or interest. This policy sholl not checks, correspondence and memoranda, whether beoring 0 dote before or after Dote of
continue in force in favor of any purchaser from the insured of either (i) on estate or interest Policy, which reasonably pertain to the loss or damage. Further, if requested by any
in the land, or (ii) on indebtedness secured by 0 purchase money mortgage given to the authorized representative of the (ompony, the insured doimont sholl gront it permission, in
insured. writing, for any authorized representative of the (ompony to examine, inspect and copy 011
3. NOTICE OF ClAIM TO BE GIVEN BY INSURED ClAIMANT. records, books, ledgers, checks, correspondence and memoranda in the custody or control of 0
The insured sholl notify the Company promptly in writing (i) in cose of any litigation os third porty, which reasonably pertain to the loss or damage. All information designated os
set forth in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder of confidential by the insured doimont provided to the Company pursuant to this Section sholl
any doim of title or interest which is adverse to the title to the estate or interest, os insured, not be disdosed to others unless, in the reasonable judgment of the Company, it is necessary
and which might couse loss or damage for which the Company may be liable by virtue of this in the odministrotion of the doim. Failure of the insured doimont to submit for examination
policy, or (iii) if title to the estate or interest, os insured, is rejected os unmorketoble. If under oath, produce other reasonably requested information or gront permission to secure
prompt notice sholl not be given tathe (ompony, then os to the insured 011 liability of the reasonably necessary information from third parties os required in this porogroph sholl
(ompony sholl terminate with regord to the monel or moners for which prompt notice is terminate any liability of the Company under this policy os to that doim.
required; provided, however, that failure to notify the Company sholl in no cose prejudice the 6. OPTIONS TO PAY OR OTHERWISE SETTLE ClAIMS; TERMINATION OF UABILITY.
right of any insured under this policy unless the Company sholl be prejudiced by the foilure In case of 0 doim under this policy, the Company sholl hove the following additional
and then only to the extent of the prejudice. options:
4. DEFENSE AND PROSECUTION OF AalONS; DUTY OF INSURED ClAIMANT TO (0) To Pay or Tender Payment 01 the Amount of Insuronce.
COOPERATE. To payor tender payment of the amount of insuronce under this policy together with any
(0) Upon wrinen request by the insured and subject to the options contained in Section cost, onorneys' fees and expenses incurred by the insured doimont, which were authorized
6 of these (onditions and Stipulations, the (ompony, at it own cost and without by the Company, up to the time of payment or tender of payment and which the Company is
unreasonable delay, sholl provide for the defense of on insured in litigation in which any third obligated to pay.
party asserts 0 doim adverse to the title or interest os insured, but only os to those stated Upon the exercise by the Company of this option, 011 liability and obligations to the
couses 01 action alleging 0 defect, lien or encumbronce or other moner insured against by this insured under this policy, other than to make the payment required, sholl terminate,
policy. The (ompony sholl hove the right to select counsel of it own choice (subject to the induding any liability or obligation to defend, prosecute, or continue any litigation, and the
right of the insured to object for reasonable couse) to represent the insured os to those stated policy sholl be surrendered to the Company lor concellotion.
couses of action and sholl not be liable for and will not pay the fees of any other counsel. (b) To Payor Otherwise Senle With Parties Other than the Insured or With the
The Company will not pay any fees, costs or expenses incurred by the insured in the defense Insured aoimont.
of those couses of action which allege moners not insured against by this policy. (i) to payor otherwise senle with othel parties for or in the nome of on insured
(b) The Company sholl hove the right, at its own cost, to institute and prosecute any doimont any doim insured against under this policy, together with any cost, onorneys' fees
action or proceeding or to do any other oct which in its opinion may be necessory or desirable and expenses incurred by the insured doimont which were authorized by the Company up to
to establish the title to the estate or interest, os insured, or to prevent or reduce loss or the time of payment and which the Company is obligated to pay; or
damage to the insured. The Company may toke any appropriate actiqn under the terms of, (ii) to payor otherwise senle with the insured doimont the loss or damage
this policy, whether or not it sholl be liable hereunder, and sholl not thereby concede liability provided for under this policy, together with any cost, onorneys' fees and expenses incurred
or waive any provision of this policy. If the Company shli.i.ercise it rights 'undel this bi'the insured doimont which were authorized by the (ompony up to the time of payment
porogr~ph, it sholl do so diligently. . and which the (ompony is.d to pay.
(continued and concluded on last page of this policy)
. .
Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville New York 11747
Phone: (631) 501-9615 Fax: (631) 501-9623
Title No: ST-S-7365
Date: July 26, 2006
Melanie Doroski
Town of South old - Land Preservation
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
RE: Borrower/Current Owner: Town of South old
Premises: 4050 Soundview Avenue
Mattituck, New York 11952
Reference:
In reference with the above captioned transaction, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
ALTAOWNER'S POLICY
.
.
SCHEDULE A
Title No.: ST -S-7365
Policy No.: 0-8831-369143
Date of Policy: July 28, 2006
Amount ofInsurance: $767,171.80
1. Name ofInsured:
County: Suffolk
Town of South old
2. The estate or interest in the land described herein and which is covered by this policy is:
Development Rights Easement
3. Title to the estate or interest in the land is vested in:
Town of Southold, who acquired Development Rights Easement by virtue of a deed from Randy Scott
Shur, by deed dated 7/28/2006 and to be recorded in the Suffolk 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: 094.00
Block: 03.00
Lot: 001.006,
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
.
.
Stewart Title Insurance Company
Title No: ST -S-7365
Schedule A Description
(AMENDED 7/26/06)
TOWN OF SOUTHOLD PARCEL DEVELOPMENT RIGHTS ONLY.
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a monument at the Southeast comer of Soundview A venue and from
said point of beginning;
RUNNING THENCE along the Southerly side of a right of way North 49 degrees 52
minutes 20 seconds East 36.09 feet to other lands of the grantor;
THENCE along said land:
1) South 26 degrees 02 minutes 10 seconds East 180.64 feet;
2. South 25 degrees 48 minutes 00 seconds East 200.40 feet;
3) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or formerly Jorg
Menger;
THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or
formerly Jorg Menger 1530.85 feet to lands now or formerly Allan Arrieta;
THENCE along said lands now or formerly Allan Arrieta South 63 degrees 25 minutes
10 seconds West 375.73 to lands now or formerly Robert G. Rowehl;
THENCE Northwesterly along said lands now or formerly Robert G. Rowehl;
1) North 25 degrees 40 minutes 00 seconds West 403.20 feet;
2) North 25 degrees 27 minutes 00 seconds West 824.65 feet;
.
.
3) North 25 degrees 48 minutes 00 seconds West 506.27 feet;
4) North 26 degrees 02 minutes 10 seconds West 171.78 feet to the Southerly side of a right of
way, to the point or place of BEGINNING.
Together with a right of way over premises irrevocably offered for dedication in Liber 11749
Page 723 to and from Soundview Avenue.
Included in the above described premises is a "Scenic no structure area" more particularly
bounded and described as follows:
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at the Northwest corner of premises described herein located the following
3 courses and distances from a monument at the Southeast corner of Soundview Avenue:
I. Along the Southerly side of a right of way North 49 degrees 52 minutes 20 seconds East 36.09
feet to other lands of the grantor;
2) South 26 degrees 02 minutes 10 seconds East 180.64 feet;
3) South 25 degrees 48 minutes 00 seconds East 200.40 feet and from said true point or place of
BEGINNING.
4) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or formerly Jorg
Menger;
THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or
formerly Jorg Menger 150.00 feet;
THENCE South 63 degrees 49 minutes 10 seconds West 325.56 feet;
THENCE North 25 degrees 48 minutes 00 seconds West 150.00 feet to the point or
place of BEGINNING.
TOGETHER with all right, title and interest of the party of the ftrst part, in and to the land lying
in the street in front of and adjoining said premises.
ALTA OWNER'S POLICY
.
.
SCHEDULE B
Title No.: ST -S-7365
Policy No 0-8831-369143
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees
or expenses) which arise by reason of:
L Rights oftenant(s) orperson(s) in possession, ifany,
2. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any.
3, Survey made by John C, Ehlers dated 6/30/06 covers premises and more reading as to subject premises
shows (scenic "no structure" area) and 50 foot conservation buffer area "to remain undisturbed and in its
natural state" along Northwesterly part of premises; stone driveway in use by premises adjacent East;
greenhouse from said premises encroaches onto "scenic no structure area" of subject premises.
4. Policy will except the terms and conditions of the Grant of Development rights easement to be executed by
the grantor(s) and the Town of South old.
5. Declaration recorded in Liber 9579 Page 211.
6. Declaration of covenants and restrictions recorded in Liber 11819 Page 500.
7, Electric Easement as set forth in Liber 9847 at Page 117.
8. Offer of dedication recorded in Liber 11749 Page 723.
9. Company insures that premises insured herein conforms to the Boundary Line Agreement in Liber 6712
Page 168 at the common boundary (West line of subject premises).
10. Right of way scenic area and fifty (50) foot conservation buffer as shown on survey herein.
11. Reservation and right of way as set forth in Liber 9595 Page 100.
12. Covenants, Restrictions, Reservation and Right of Way in Liber 11749 Page 722 (contained in last deed of
record.
13, Company excepts right of others over stone driveway which traverses Northwest portion of premises, as
shown on survey herein.
4613 (2/93
Page 3
STEWART TITLE
INSURANCE COMPANY
. .
S TE.W AR r TITLE
INSURANCE COMPANY
HEREIN CALLED TIIE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST-S-7365
ATTACHED TO AND MADE APART OF POLICY NUMBER 0-8831- 369143
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statotory 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 Schednle 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
July 28,2006
STEW ART TITLE
Stewart Title Insurance Company
INSURANCE COMPANY
rdby:
)
;I
"'1"
~
'a~~
ecretary
c:o--
Au
,-,
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 (10/17/92)
.
.
AFFIDAVIT OF TITLE (lndividuol)
Tide No.: ST-S-7374
STATE OF NEW YORK
ss.:
COUNTY OF SUFFOLK)
RANDY SCOTT SHUR, being dnly sworn, deposes and says:
I reside at '1/J-S-O ~ t2u-.L.. YJu.:J;tz:tud. ~
I am the owner in fee simple of premises sitnate at 4050 Soundview Avenue, Mattltnck, and the
grantee described in a certain deed of said premises recorded in the Suffolk County Clerk's Office in Liber
11 749 page 722.
Said premises have been in my possession since 1995. My possession of the said premises has been
peaceable and undistwbed, and the title thereto has never been dispnted, questioned or rejected, nor
insurance thereof refused, as far as I know. I know of no facts by reason of which said possession or title
might be called in qnestion, or by reason of which any claim to any part of said premises or any interest
therein adverse to me might be set up. There are no federal tax claims or liens assessed or filed against me.
There are no jndgments against me unpaid or unsatisfied of record entered in any cooo of this state, or of
the United States, and said premises are, as far as I know, free from all leases, mortgages, taxes,
assessments, water charges, sewer rents and other liens and encumbrances. There are no jndgments against
the insured or estates, interest, defects, objections, liens or encumbrances created, suffered, assnmed or
agreed to by the insured, of which the insured has or had prior knowledge bnt did not disclose to the
insurer. There are no outstanding maintenance charges and/or homeowner's association assessments.
There are no rights of tenants andlor persons in possession.
The premises being conveyed pursuant to the Scenic No Structure Area inclndes a portion of a greenhouse
and a portion of a stone driveway in use by premises adjacent to the east. I am the individual entitled to the
real property tax exemption(s) and it/they haslhave not been cancelled or modified.
No proceedings in bankruptcy have ever been institnted by or against me in any cooo or before any officer
of any state, or of the United States, nor have I at any time made an assigornent for the benefit of creditors,
nor an assigornent, now in effect, of the rents of said premises or any part thereof.
I am a citizen of the United States, and am more than 18 years old. I have not been known by any other
name dnring the past ten year, except
There are no actions pending affecting said premises. That no repairs, alterations or improvements have
been made to said premises which have not been completed more than four months prior to the date hereof.
There are no facts known to me relating to the title to said premises which have not been set forth in this
affidavit.
This affidavit is made to induce SlEW ART TITLE INSURANCE CaMP ANY to issue its policy of title
=-.__.~"'''''''i=-~~L-
~ SCO
'--"
Sworn to before me this
28"' day of July, 2006.
iJ~ t,,{v~
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 FA4950146
QualifieD In ScHolk County
Commission Expires April 24, ,;Lgp-,
.
CONDITIONS AND STIPULATIONS Continued
. ...ontinued and concluded from reverse side of PolicV Face.
Upon the exercise by the Company of either of the op~rovided for in porogrophs (b) When liability 0 e~ent of loss or damage has been definitely fixed in
(b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or ,oc<ordonce with these Conditions and Stipulations, the loss or damage sholl be payable
damage, other than the payments required to be mode, sholl terminate, including any" within 30 days thereoher.
liability or obligation to defend, prosecute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (0) The Company's Right of Subrogation.
This poli,,! is 0 conhoct of indemnity against actual monetary loss or damage sustained Whenever the Company sholl hove senled and paid 0 claim under this poli,,!, 011 right of
or incurred by the insured claimant who has suffered loss or damage by reason of moners subrogation sholl vest in the Company unaffected by any oct of the insured claimant.
insured against by this poli,,! and only to the e~ent herein described. The Company sholl be subrogated to and be entitled to 011 rights and remedies which the
(0) The liability of the Company under this poli,,! sholl not exceed the least of insured claimant would hove hod against any person or property in respect to the claim hod
(I) the Amount of Insuronce stated in Schedule A; or, this poli,,! not been issued. If requested by the Company, the insured claimant sholl tronsfer
(Ii) the difference between the value of the insured estate or interest os insured to the Company 011 rights and remedies against any person or property necessary in order to
and the value of the insured estate or interest subject to the defect, lien or encumbronce perlect this right of subrogation. The insured claimant sholl permit the Company to sue,
insured against by this poli,,!. compromise or senle in the nome of the insured claimant and to use the nome of the insured
(b) In the event the Amount of Insuronce stated in Schedule A at the Dote of Poli,,! is claimant in any tronsoction or litigation involving these rights or remedies.
less than 80 percent of the value of the insured estate or interest or the full consideration paid If 0 payment on account of 0 claim does not fully cover the loss of the insured claimant,
for the estate or interest, whichever is less, or if subsequent to the Dote of Policy on the Company sholl be subrogated to these rights and remedies in the proportion which the
improvement is erected on the land which increases the value of the insured estate or interest Company's payment beo~ to the whole amount of the loss.
by at least 20 percent over the Amount of Insuronce stated in Schedule A, then this Poli,,! is If loss should result from any oct of the insured claimant, os stated above, that oct sholl
subject to the following: not void this policy, but the Company, in that event, sholl be required to pay only that port of
(i) where no subsequent improvement has been mode, os to any partial loss, the any losses insured against by this poli,,! which sholl exceed the amount, if any, lost to the
Company sholl only pay the loss pro rota in the proportion that the amount of insuronce at Company by reason of the impairment by the insured claimant of the Company's right of
Dote of Poli,,! beorsto the total value of the insured estate or interest at Dote of Poli,,!; or subrogation.
(ii) where 0 subsequent improvement has been mode, os to any partial loss, the (b) The Company's Rigfrts Against Nan-insured Obligors.
Company sholl only pay the loss pro rota in the proportion that 120 percent of the Amount of Th, Company's right of subrogation against non.insured obligo~ sholl exist and sholl
Insuronce stated in Schedule A beors to the sum of the Amount of Insuronce stated in include, without limitation, the rights of the insured to indemnities, guoronties, other policies
Schedule A and the amount expended for the improvement. of insuronce or bonds, notwithstanding any terms or conditions contained in those
The provisions of this porogroph sholl not apply to costs, onorneys' fees and expenses for instrurnentswhich provide for subrogation rights by reason of this policy.
which the Company is liable under this poli,,!, and sholl only apply to that portion of any loss 14. ARBITRATION
which exceeds, in the aggregate, 10 percent of the Amount of Insuronce stated in Schedule A. Unless prohibited by opplicoble low, either the Company or the insured may demand
(c) The Company will pay only those costs, onorney's fees and expenses incurred in orbitrotion pursuant to the Title Insuronce Arbitrotion Rules of the Americon Arbitrotion
occordance with Section 4 of these Conditions and Stipulations. Association. Arbitroble moners may include, but ore not limited to, any controversy or cloirn
8. APPORTIONMENT. between the Company and the insured orising out of or relating to this poli,,!, any service of
If the land described in Schedule A consists of two or more porcels which ore not used os the Company in connection with its issuance or the breoch of 0 poli,,! provision or other
o single site, and 0 loss is established affecting one or rnore oflhe parcels but not 011, the loss obligation. All orbitroble maners, when the Amount of Insuronce is 51,000,000 or less sholl
sholl be computed and senled on 0 pro rota basis os if the amount of insuronce under this be orbitroted at the option of either the Company or the insured. All orbitroble moners when
policy was divided pro rota os to the value on Dote of Poli,,! of eoch seporote porcel to the the Amount of Insuronce is in excess of $1,000,000 sholl be orbitroted only when agreed to
whole, exclusive of any improvernents rnode subsequent to Dote of Policy, unless 0 liability or by both the Company and the insured. Arbitrotion pursuant to this policy and under the Rules
value has otherwise been agreed upon os to eoch parcel by the Cornpony and the insured at in effect on the dote the dernond for orbitrotion is mode or, at the option of the insured, the
the time of the issuance of this policy and shown by on express statement or by on Rules in effect at Dote of Poli,,! sholl be binding upon the parties. The oword may include
endorsement onoched to this poli,,!. onorneys' fees only if the lows of the state in which the land is locoted permit 0 court to
9. LIMITATION OF LIABILITY. oword onorneys' fees to 0 prevailing party. Judgment upon the oword rendered by the
(0) If the Company establishes the title, or removes the alleged defect, lien or Arbitrotor(s) may be entered in any court having jurisdiction thereof
encumbronce, or cures the lock of 0 right of occess to or from the land, or cures the claim of The low of the situs of the land sholl apply to on orbitrotion under the Me Insuronce
unmorketobility of title, 011 os insured, in 0 reasonably diligent manner by any method, Arbitrotion Rules.
including litigation and the completion of any oppeols therefrom, it sholl hove fully performed A copy of the Rules may be obtained from the Company upon request.
its obligations with respect to that maner and sholl not be liable for any loss or damage 1 S. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONma.
coused thereby. (0) This poli,,! together with 011 endorsements, if any, anoched hereto by the Company
(b) In the event of any litigation, including litigation by the Company or with the is the entire poli,,! and controct between the insured and the Company. In interpreting any
Company's consent, the Company sholl hove no liability for loss or damage until there has provision of this poli,,!, this poli,,! sholl be conshued os 0 whole.
been 0 final determination by 0 court of competent jurisdiction, and disposition of 011 oppeols (b) Any c10im of loss or damage, whether or not based on negligence, and which orises
therefrom, adverse to the title as insured. out of the status of the title to the estate or interest covered hereby or by any action asserting
(c) The Company sholl not be liable for loss or damage to any insured for liability such claim, sholl be restricted to this poli,,!.
voluntorily assumed by the insured in senling ony claim or suit without the prior wrinen (c) No amendment of or endorsement to this poli,,! con be mode except by 0 writing
consent oflhe Company. endo~ed hereon or onoched hereto signed by either the President, 0 Vice President, the
10. REDUOION OF INSURANCE; REDUOION OR TERMINATION OF LIABILITY. Secretory, on Assistont Secretory, or validating officer or authorized signatory of the Company.
All payment> under this poli,,!, except payment> mode for cost>, onorneys' fees and 16. SEVERABILITY.
expenses, sholl reduce the amount of the insuronce pro tanto. In the event any provision of the poli,,! is held invalid or unenforceoble under opplicoble
11. LIABILITY NONCUMUlATIVE. low, the policy sholl be deemed not to include that provision and 011 other provisions sholl
It is expressly understood that the amount of insuronce under this poli,,! sholl be reduced remain in full force and effect.
by any amount the Company may pay under any poli,,! insuring 0 mortgage to which 17. NOTICES, WHERE SENT.
exception is token in Schedule B or to which the insured has agreed, assumed, or token All notices required to be given the Company and any statement in writing required to be
subject, or which is hereafter executed by on insured and which is 0 chorge or lien on the furnished the Company sholl include the number of this poli,,! and shall be addressed to the
estate or interest described or referred to in Schedule A, and the amount sa paid shall be Company at 300 East 42nd Street, New Yor~ New York 10017.
deemed 0 payment under this poli,,! to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment sholl be made without producing this poli,,! for endorsement of the
payment unless the poli,,! has been lost or destroyed, in which cose proof of loss or STEWART TITLE@
deshuction shall be furnished to the satisfaction of the Company. INS U RAN C E COM PAN V
.
STEWART TITLE@
INSURANCE COMPANY
POLICY
OF
TITLE
INSURANCE
STEWART TITLE@
INSURANCE COMPANY
,
STEWART TITLE@
INSURANCE COMPANY
POLICY
OF
TITLE
INSURANCE
STEWART TITLE@
INSURANCE COMPANY
STEWART TITLE@
INSURANCE COMPANY
POLICY
OF
TITLE
INSURANCE
STEWART TITLE@ I
INSURANCE COMPANY
CLOSING STATEMENT
RANDY SCOTT SHUR
to TOWN OF SOUTHOLD
Development Rights Easement - 13.2271 acres
13.2271 buildable acres @ $58,000/acre
Premises: 4050 Soundview Avenue, Mattituck
Total Parcel Acreage -16.7076 acres
SCTM #1000-94-3-p/o 1.6
Closing held on Friday, July 28,2006 at 10:00 a.m.,
Land Preservation Department, South old Town Hall Annex
Purchase Price of $767,171.80 disbursed as follows:
Payable to Randy Scott Shur
Check #87208 (7/28/06)
$ 767,171.80
Expenses of Closing:
Appraisal & Updated Appraisal
Payable to Given Associates, LLC $ 1,900.00
Check #69133 (1117102)
Payable to Given Associates, LLC $ 1,900.00
Check #83625 (10/25/05)
Survev
Payable to John C. Ehlers Land Surveyor $ 6,500.00
Check #87206 (7/28/06)
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC $ 1,300.00
Check #87665 (9/5/06)
Title Report
Payable to Stewart Title Insurance Company
Check #87209 (7/28/06)
$
3,347.00
Fee Insurance
Recording Easement
Certified Easement
$ 3,047.00
$ 250.00
$ 50.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #87206 (7/28/06)
$
100.00
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
Southold Town Supervisor
Attorney for Town of Southold
Randy Scott Shur
Angela Shur
Marvin Penstein, Esq.
Seller
Seller's wife
Attorney for Seller
Tim Caufield
Stephen Searl
Susan Q. Tuths, Esq.
Peconic land Trust Vice President
Peconic land Trust
Attorney for Fee Title Buyer
Patricia Fallon
Melissa Spiro
Melanie Doroski
Title Company Closer
land Preservation Coordinator
land Preservation Administrative Asst
r-;'--
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959 7/28 CLOS ING 0 8 7 2 0 8
NO,
"
~
'"
lllE SUffoLK cOumv NATlONAl. BANK
CUTCHOGUE, NY 1193&
DATE
CHECK NO.
AMOUNT
07/28/2006 87208 $767,171.BO
SEVEN BUNDRED SIXTY SEVEN TBOUSAND ONE HUNDRED SEVENTY ONE AND 80/100 DOLLARS
PAY'TO
THE
ORDER
of
~PY SCOTT SHUR
4050 SOUNDVIEW AVENUE
MATTITUCK NY 11952
M> 4 ~~~
"-
./
11'08720811' ':02101,0 Sl,bl,l:
b 3 000001, Oil'
VENDOR 019297 RANDY SCOTT SHlJR
"
07!?R/?OO';
rHRrK
R7?nR
"
FlRJD s.. }'..CCOT..RJT
I'.O.# INYOICIJ
DBOCRII''3'IOH
MIOUH'3'
H3 .8660.2,600.100
TBR649 072806
DEV RIGHTS-13.227 767,171,80
TOTAL
767,171.80
"-
./
TOWN OF SOUTH OLD . SOUTHOLD, NY 11971.0959
G~108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 007416 GIVEN, SRPA/PATRICK
Y JE Date Trx.Date Fund Account
------------------------- Use Acti
1/30/2001 1/30/2001 A .600
1/30/2001 1/30/2001 H2 .600
5/08/2001 5/08/2001 H3 .600
6/19/2001 6/19/2001 A .600
8/14/2001 8/14/2001 H3 .600
9/25/2001 9/25/2001 H1 .600
10/09/2001 10/09/2001 H3 .600
12/04/2001 12/04/2001 H2 .600
12/04/2001 12/04/2001 H2 .600
12/18/2001 12/18/2001 H3 .600
2/26/2002 2/26/2002 H3 .600
2/26/2002 2/26/2002 H3 .600
8/27/2002 8/27/2002 H3 .600
11/07/2002 11/07/2002 H3 .600
Y 11/07/2002 11/07/2002 H3 .600
. . ------------------------- Use Acti
Select Record(s) or Use Action Code
GL108S 20
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
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
X 10/25/2005 10/25/2005 H3 .600
10/25/2005 10/25/2005 H3 .600
11/10/2005 11/10/2005 A .600
11/10/2005 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 F10=Prev View
Select Record(s) or Use Action Code
TOWN OF SOUTHOLD
** Actual Hi
GIVEN ASSOCIATES LL
Disburs Inquiry by Vendor Name
............. .Detail--GL1DDN..............
: W-11072002-470 Line: 97 Formula: 0 :
: Account.. H3 .600 :
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 11/07/2002 SDT 11/07/02
Trx Amount... 1,900.00
Description.. APPR-RANDY/ANGELA SHUR
Vendor Code.. 007416
Vendor Name.. GIVEN, SRPA/PATRICK A.
Alt Vnd..
CHECK........ 69133 SCNB
Invoice Code. 2002234
VOUCHER......
P.O. Code.... 09529
Project Code.
Final.Payment F Liquid.
1099 Flag.... 7
Fixed Asset.. V
Date Released 11/07/2002
Date Cleared. 11/30/2002
F3=Exit F12=Cancel F21=Image
:........................................ :
Disburs Inquiry by Vendor Name
............. .Detail--GLI00N..............
W-I0252005-079 Line: 164 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 10/25/2005 SDT 10/24/05
Trx Amount... 1,900.00 :
Description.. UPDATE APPRAISAL-SHUR
Vendor Code.. 007416
Vendor Name.. GIVEN ASSOCIATES LLC
Alt Vnd..
CHECK........ 83625 SCNB
Invoice Code. 2005234
VOUCHER..... .
P.O. Code.... 14358
Project Code.
Final Payment F Liquid.
: Type of 1099. M BOX. 07 Add1.
Fixed Asset.. Y
Date Released 10/25/2005
Date Cleared. 10/31/2005
F3=Exit F12=Cancel
. .
......................................... .
_~OWN OFSotITHOLJY"
"'"
53095 MAlNROAD'
. SOlrrHOLD, NEW yGiRK i1971'6959"
JOHN C. EHLERS
6'EA,ST MAJ;N STREET
RIVERHE~ NY ~1901
> , :_~::,:". :'_ ..,,:':::'-',1: =,:_~ _ _0 :_:c", ,. _ ,,:
. 'i1:2S~~WSIN~00~720oB
.. ,,'-,"''N(L .... ...,'
~;;Yr~~6~~;~~-::::
SIX THOUSAND ;FIVE, ijUNJ;JRED AND,OO/IOO
PAY TO
THE
ORDER
OF
<~:. ,";:..,......."...~~,f,,~,~.
":.:: .,;~,_.'-----_.,~,
-,', ,,-,- "'" ..- ',,, .. ." .,"'.
~"'- ,~y --;l'~'
.;. ; ~.: ~ " '
;/
......
11'087201;11' 1:02~a.OSa.l;a.l:
1;:1 000001. Oil'
VENDOR 005322 .TOHN C. EHLERS
,.
07/~R/~OOh
rHRrK
R7?Oh
"
FUND S. ~7'.,CCOrnJT
['.0.1+ nT'JOICD
DDOCRlr'3?IOU
MJJOUH'f
H3 .8660.2.600.100
15207 2006298
SURVEY-SHUR PROPERT 6,500.00
TOTAL
6,500.00
--z~~
!!1p
JOHN C. EHLERS LAND SURVEYOR
Invoice
6 East Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax: 631-369-8287
Date Invoice #
7/25/2006 2006298
Bili To
Your Client
Randy Scott Shur
Town of Southold
Town Hali
Southold, N.Y. 11971
SCTM# My Job #
1000-94-3-1.6 06-206
Date of Service Description Amount
7/25/2006 Current survey of approximately 17.5 acre parcel improved 6.000.00
with dwelling and greenhouses
7/25/2006 Certified survey of area of development rights purchase 500.00
~on, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Property: 06209 Project: V A02168
4050 Soundview Avenue, Mattituck
Manager: McGinn, Steven
Invoice
To:
Town of South old Dept of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melanie Doroski
Invoice #:
Invoice Date:
4231
August 22, 2006
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS
$1,300.00
Invoice Amount
Contract Dated July 11, 2006
Contract Item #1
Phase 1 ESA
Work Performed thru 7/26/06
Contract Amount:
Percent Complete:
Fee Earned:
Prior Fee Billings:
$ I ,300.00
100.00%
$1,300.00
$0.00
Current Fee Total:
$1,300.00
$1,300.00
*** Total Project Invoice Amount
GL108S 20
View 1
Vendor.. 014161
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
9/05/2006 9/05/2006 H3 .600
X 9/05/2006 9/05/2006 H3 .600
TOWN OF SOUTHOLD
** Actual Hi
NELSON, POPE & VOOR
-------------------------------- E
F2=Shift Up F3=Exit FlO=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
............. .Detail--GL100N..............
W-09052006-828 Line: 227 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 9/05/2006 SDT 9/05/06
Trx Amount... 1,300.00
Description.. PHASE I-SCHUR ESA ENVR
Vendor Code.. 014161
Vendor Name.. NELSON, POPE & VOORHIS,
Alt Vnd..
CHECK........ 87665
Invoice Code. 4231
VOUCHER..... .
P.O. Code.... 15209
Project Code.
Final Payment
Type of 1099.
Fixed Asset..
Date Released
: Date Cleared.
F3=Exit F12=Cancel
SCNB
Liquid.
BOX. 07
F
M
Y
9/05/2006
Addl.
. .
......................................... .
.f~
STEWART TITLE INSURANCE COMPANY
125 BayUs Road, Suite 201, Melville, New York 11747
631-501-9615 fax 631-501-9623
Till. No. S'T -S - 7~-!r
Date
1128)01"
,
FEE INSURANCE COVERAGE "'11/~ / '1 j, JhJ PREMIUM $ .:1 t! 1%00
FAIR MARKET VALUE RIDER PREMIUM
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Arbitration
Residential
AdJllStable Rate Rider
NEW YORK STATE TRANSFER1MANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mortgagor)
COMMUNITY PRESERVATION FUND
SURVEY INSPECTION
DEPARTMENTALSEARC1IES
STREET REPORT
BANKRUPTCY SEARCH
ESCROW DEPOSIT FEE
ESCROW DEPOSIT
RECORDING FEES:
() ) DEED(S) o?SO,tm
( ) SATISFACTION(S)
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( )MORTGAGEAFFIDAVIT(S)
( ~:S:IGNMENT(S)
,-r".J ~'" A..... .R!" 111.." ~, . J- 3/)47)
t7 I U /
TOTAL CHARGES $ 3,J</'/ f/7/
CLOSER CHARGES, IF ANY: PICK-UP FEE
OTHER:
'--
_.or"-
PATRICIA L. FALWN.<
Title Closer
/t1J
fllW
11)JIO~
'-, ....'-
TOWN OF SOUTHOLD
53095 MAIN ROAD
'SOUTHOLD, NEW YORK 11971'0959'
"
50.546
Z14
7/28 CLOSING 087209
NO. "
THE,St.ifFOu<CotiNTY W-116NAL e;.NK'
;:CUTO~CiGUE,'~ll~
DATE
CHEcI\.NO,
AMOllNT
FORTY
. .07/28/2006."
SEVEN AND 00/100
87209
DOLLARS.
$3,347.00
\ ,~~:~i'~\ :':,':W:
'. . .rAYTO.
eo:', THE .
'.." :'QIlDER'
;c; ';: .o~.'
, .#~w:itR';rYIrWJi~~;'iNsURANCE' CO.
. :,12;5:Eif\.Jl.l~lJ.':j{o~, SUITE.201
'MELVn;LE!NY ;~1147 .
- - .. ::.:_~: ~; d': ~ -; ,-- .
'\; :>>i' " '''";
~~
,., ,
.- ;:~;;'n: ',::
C{t':-':"..'j',::.- _ _ ;;:;:: :1;
'" ~,' .
<';
j" -
j. ..:;
M'!' .
./
1I'0872D"lIl' 1:02~l,oSl,bl,l:
b ~ 000001, Oil'
VENDOR 019624 STEWART TITLE INSURANCE CO.
r
07/28/2006
rHRc.K
R7?09
"
FT~rD s.. J"..;':CS'T~rT
r.o.#
IUVOICE
DBOCRIrnON
MlOutJ'f
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660.2.600.100
TBR649
TBR649
TBR649
ST-S-7365
ST-S-7365
ST-S-7365
TITLE POLICY-SHUR
REC EASEMENT-SHUR
CERT COPY-SHUR
3,047.00
250.00
50.00
TOTAL
3,347.00
'-
-"
TOWN OF SOUTHOLD' SOUTHOLD, NY 11971.0959
,r,::;:m=)\I==}'}:::::\lI=!!F.:::'"~,,,},~,,"'?' >> ", ';,' ., "'.. . . '.' .' '. .
"N-III:i;;III::i:2mir:m;:i'i!;';;;\;:::;:'~., ~: ..TOWN OF SOUTROLD
I -I!I-III-W ._d' '-'11' '-'P. .... \1 ~'. " d. '09'SM'AINRO'D
I.=J =11 =M=}n~_",J=~~'~-'.':::~~.i '-~ _ ___~<m:_'_:"~~<_::::_-"'_:
:111::ElI\""II\;;.;;m:~,m,,,,m1;\;'\\"" , \'" "'. ,," ';~6i.Jl'HbI,.6, NEW YORK 11971.0959
!-IlI-lI\-'\I-'I\-I!\....jll._,\I"..,"'. ,~" ".d '; . " ,
~-Ill -III' 111-.:::.,\I;;:::~I.i;,~,t;:~:;';'f\"b;t:,:,';;;;;f;::. ':,".' c. ;
.... - - .....~t ~--) /'.."'.....H~~-~.."~~t...'--"iJ;.."'",,h).,'".._'.. .'.:o..r...'.....,.........,.:.:...,
1=111==111 ~i=})l JI!9'2\.~}!t~,;ltf:,.:f.,,;i;
-\II-\II-!lI..-II\-III....hl.. .1\\...11""1'"
i=IlI-TI\=TIi'::"TIi'o"'lii,r-:\il~iir';:;i";L :.,:.. 'ji.,
i~@I)1.~~r~~i;~Y~UI~~;D6~~4~~; ,
EIlI""II\~,m,;~IIl~:'I\\"iH\I,;::\\i".!%;!i . ".
! =\'\ =111 "~l'\l ~"'IH ~'"'I'il ~'-C"li ~'-''1. 0;,"'\' ,. ",
1-~ 1 ""-'..d'~""." ,:; "'';''':'' H ~""".... ,,'''''''1.1 """."ti!': '"',.li: '-"','>",":. '
::lI\~m:F;m<';lli";:.I!h'!l\""\\\;:"i'~ ii.
t-l!~~:jl6";;J!I~glMit~:t:~j:mL&N' .
'III:.;' '~'h!":'.l:fj;~' 'i.'r!t:J6-Ki.'T.zl1\1E '
h -11;lkf1a~~7::!!! tier! .,; "'plM;'N ~Nlffi19 6~
'" j...".. m..;:- Jf!.,:':i1P-~;"h:' f, :-,;-m",,;:u,:~:> ,:.
t-I\I'~ll\<1I:''''I'::1\: "i;:;J\l';"~h '':h: 1:h ,;'1\,,, ,
... -,... 1-:'- "'-"'-. ',,"><-'" '\J~~""!.i\""':"")'--"':" "'\~ .. \"..
"'C!.";;; ~7,:x: '~~.;':;:.:~: ;'1:;'- ;r:'-~':,'; j:',~~-:',"'.I":~;;_L',.::, .. . "
11'08720711' 1:021.1,0 SI,t,I,I: t,:I 000001, Oil'
~4~
M>
,i
y
VENDOR 006013 PATRICIA FALLON
r
07/28/2006
C:HF.C:K
Rn07
"'
FTWQ [! 7\CCOTJNT
P.O.tt HNOICE
DECCRII'TIotl
h/lOUHT
H3 . 8660 . 2 . 600 . 100
TBR649 ST-S-7365
TITLE CLOSER-SHUR
100.00
TOTAL
100.00
....
./
TOWN OF SOUTHOLO . SOUTH OLD, NY 11971,0959
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
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@(own.southold.ny.us
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971.0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Russell
Town Board
Town Clerk
land Preservation Committee
Town Atlorney
Pianning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data 'Processing
Town Comptroller
Stewardship Manager
Peconic land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, land Preservation Coordinator
Date:
July 28, 2006
SHUR to TOWN OF SOUTHOLD
plo SCTM #1000-94-3-1.6
Development Rights Easement
Re:
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: 4050 Soundview Avenue, Mattituck
PROPERTY OWNER: Randy Scott Shur
PURCHASE DATE: Friday, July 28,2006
PURCHASE PRICE: $767,171.80 (based on 13.2271 acres @ $58,000/buildable acre)
TOTAL PARCEL ACREAGE: 16.7076 acres
EASEMENT ACREAGE: 13.2271 acres
FUNDING: CPF 2% land Bank
MISCEllANEOUS: This property is listed on the Town's Community Preservation
Project Plan. Peconic land Trust, Incorporated purchased the
fee title to the farm acreage simultaneously with the Town's
purchase of a development rights from Randy Scott Shur. A
subdivision application is before the Planning Board dividing the
residential dwelling parcel from the remaining farmland.