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HomeMy WebLinkAboutCullinane, Maureen 1000-19-1-1.4 (f/k/a 1000-19-1-1.2) Baseline Documentation Premises: 28410 Main Road (Rt. 25) Orient, New York 29.5312 acres Development Rights Easement MAUREEN CULLINANE to TOWN OF SOUTHOLD Deed dated May 22, 2002 Recorded June 6, 2002 Suffolk County Clerk - Liber D00012190, Page 149 SCTM #: Premises: 1000-19-1-1.4 (f/Ida 1000-19-1-1.2) 28410 Main Rd (Rt. 25) Hamlet: Orient Purchase Price: Funding: $425,000.00 (per contract) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 34.5527 acres Development Rights: 29.5312 easement acres Reserved Area: 5.0215 acres Zoned: R-200 Existing Improvements: In March 2002 - Cultivated fields, wooded areas, freshwater wetlands and ponds, tidal wetlands, fragmites, 20' right of way for underground utilities and agricultural use, 20' right of way to reserved land (fallow field). A. DESCRIPTION 1. LAND The subject is a parcel of land having an area of 24.6+ acres. It is part of a larger parcel having an area of 34.6+ acres, however, for the purpose of this appraisal, and at the request of the client, we will exclude a 10+ acre section at the northwest corner of the property. The subject is further described as follows: having a northerly boundary of 1,234+' along the southerly side of Main Road (S.R. 25), running thence southeasterly 1,044+' along Narrow River Road, running thence southwesterly 1,035~:' along Narrow River Road, thence northwesterly 1,904_+' (irregular) for a total area of 34.6_+ acres. Please note that we have not excluded the 10_+ acre section at the northwesterly section of the property from this description. The property contains mostly Haven Loam, 0 to 2% slope (Ha A) soil with some Haven Loam, 2 to 6% slopes (Ha B) soil, Scio silt loam, sandy substratum, 0 to 2% slopes and wetlands and tidal marsh. The soil conditions were taken from the Soil Survey of Suffolk County, NY as prepared by the United States Department of Agriculture Soil Conservation Service. The above dimensions are taken from the Suffolk County Tax Map. We have included a copy of the Tax Map in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage. Main Rd. and Narrow River Rd. are two way, two lane, publicly maintained macadam-paved roads with shoulders. The property has a generally level topography and is mostly cleared. It is situated at or near road grade. The property contains scattered wetland areas which are estimated to comprise a total area of 4_+ acres. .GIVEN A. DESCRIPTION (CONTINUED) 2. IMPROVEMENTS The subject is unimproved land. B. PRESENTUSE AND OCCUPANCY The subject is in use as a farm. _GIVEN P R 0 P E R T Y V I S U A L S I I I I I I I I I I I I ! Omi ~GIVEN s~ I I I I I I I 3.1 Tax Map Location 9~ 1-80 R-80 R-200 / / R-200 Zoning Map ] 94 \ \ I I$ I I I I I I I I ! I ! I I PHOTOGRAPHS OF $[JE~JECT View of Subject - Facing Southedy View of Subjec~ - Facing Southedy 8,9 I I I I I I I I ! I 1 ! ! I PHOTOGPJ~PHS OF SUBJECT Facing So~hedy AJong Narrow River Road View of Wetland Area I I$ I I I I I I I I$ I I I I I I I PHOTOGRAPHS OF SUBJECT Facing Easterly Along Main Road Facing Westerly A~ong Main Road 9~ I I I I I I I I ! ! I ! I PHOTOGRAPHS OF SUBJECT VIEW OF SUBJECT FACING SOUTHWEST VIEW OF SUBJECT FACING SOUTHEAST I I I I I I I I I ! I I 1 PHOTOGRAPHS OFSUBJECT NARROW RIVER ROAD FACING NORTH SOWING SUBJECT MAIN ROAD FACING WEST VII~1W FI~OM MAIN ROAD R VIEW FROM CORNB OF MAIN ROAD & NARROW RIVER ROAD STREAM AT EAST BOUNDARY OF SUBJECT PROPERTY 67 PO~D NEAR NORTH EAST BOUNDARY VIEW ACROSS SUBJECT PROPERT~ E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Cullinane Property 1._QO 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) 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 Orient, Town of Southold, County of Suffolk, New York. The subject property consists of a 34.55 acre parcel of agricultural land. The property is located on the southwest comer of Main Road (SR 25) and Narrow River Road. The property is more particularly described as Suffolk County Tax Map # 1000-19-01-1.2. The subject property consists of 34.55 acres parcel of)Xgricultural land; however, this report is being completed on the 29.53 acres of land from which the Town is acquiring the development rights. A 5.02 acre parcel located in the southwest domer of the property is being reserved for the Maureen Cullinane, the owner of the property. The portion of the property that is the subject of this report consists mainly of cultivated farm field that is leased by and actively farmed by a local farmer. A small area of woodlands is present in the northwest comer, a drainage ditch is located in the south central portion and a pond and wetlands is located in the northeast comer of the property. The pond is utilized by the leasing farmer for irrigation purposes. During the site inspection numerous irrigation pipes, one (1) with a barrel type float, a 550 gallon above ground storage tank and a 55 gallon plastic drum were observed on the west side of the pond. The storage tank appeared to be empty and was situated on its side, and the 55 gallon dram contained a liquid that had a gasoline odor. At the time of the site inspection one (1) of the bunghole caps was removed allowing rain to fill the drum. In addition, this drum was not situated in a proper containment facility and could potentially spill. No structures or foundations were located on the portion of the subject property that is the subject of this report. A Phase I ESA was completed by American Environmental Assessment Corp. (AEAC) in September 2000 for the current owner of he property, Ms. Maureen Cullinane. This report indicated a drum was located in the irrigation pond located in the northeast comer of the property. According to Ms. Cullinane, the property owner, the farmer leasing the land indicated this drum was utilized for air in the irrigation system. The AEAC report recommended the soil/sludge of the pond be analyzed for the presence of semi~volatile organic compounds in order to ensure that no releases have occurred into the pond. In addition, the AEAC report recommended soil samples from the farm field be analyzed for herbicides and pesticides. Cullinane Property, Orient Phase I ESA An extensive government records search found no potential sources of enviroranental degradation on the subject property. Two (2) Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically; two (2) closed LUST incidents located within one-half (0.5) 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. The above ground storage tank should be situated on a suitable base to prevent it from rolling on its side as it is presently situated. The 55 gallon drum located on the west side of the pond should be removed from the property since there is no Imown use for the drum on the subject property. If this was to remain on the property, it should be situated in an appropriate containment facility in order to prevent a release. If the property is to be utilized for residential purposes in the future, the soil should be sampled to determine the concentrations of pesticides and lead and arsenic. Page 2 of 26 Cullinane Property, Orient Phase 1 ESA FIGURE 1 LOCATION MAP 0 mi 0,2 0.4 0,6 Copyright 2000 by Geographic Data Technotagy, Inc All rights reserved. © 2000 Na',~gatior~ Technologies. All rights reserved, This data includes information taken with per~ssion from Page 8 of 26 Cullinane Property, Orient Phase I ESA 1 1 1 1 1 l 1 1 l ] l l FIGURE 2 SITE MAP ouree: Pecomc Surveyors, P.C. survey dated March 29, 2002 NORTH + Page 10 of 26 ! 1 1 1 1 1 1 1 1 1 ] ] FIGURE 3 Cullinane Property, Orient Phase I ESA GROUNDWATER CONTOUR MAP Source: SCDHS, 1999 NORTH Page 17 of 26 OVERVIEW MAP - 767894.3s - Nelson, Pope & Voorhis LLC ~" Target Property ~_ .,~ Sites &t elevations higher than or equal to the target property i · Sites at elevations lower than ..'? Power transmission lines the tar§et property ~ ~ * ** Oil& Gas pipelines Coal GasJdcation Sites [] 100-year flood zone ¢;~ National Priority List Sites [~ 5009ear flood zone ] ~ L,ndfill Sites [~ Wet,ands TARGET PROPERTY: Cullinane Properiy CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Main Road CONTACT: Steven McGinn CITY/STATE/ZIP: Orient NY 11957 iNQUIRY #: 767894.3s LAT/LONG: 41.1498 / 72.2818 DATE: April 23, 2002 5:25 pm 1] 1] I] I] I] !] I] DETAIL MAP - 767894.3s - Nelson, Pope & Voorhis LLC Target Property Sites st elevations higher than or equal to the target property Sites at elevations lower than the target property Coa. I Gasification Sites Sensitive Receptors National Pnority List Sites Landfill Sites 100-year flood zone 500-year flood zone Wetlands 1/8 lTARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: I-AT/LONG: Cullinane Property Main Road Orient NY 11957 ,41.1498 / 722818 CUSTOMER: CONTACT: iNQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven McGinn 767894.3s April 23, 2002 5:26 pm PHYSICAL SETTING SOURCE MAP - 767894.3s Earthquake epicenter, Richter 5 or greater Closest Hydrogeological Data TARGET PROPERTY: Cullinane Property CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Main Road CONTACT: Steven McGinn CITY/STATE/ZIP: Orient NY 11957 iNQUIRY #: 767894.3s LAT/LONG: 41.1498 / 72.2818 DATE: April 23, 2002 5:26 pm P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fox (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 208 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2002: WHEREAS, Maureen Cullinane, owner of the property know as SCTM# 1000-19-1-1.2, located on the southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value in addition to it's scenic value and proximity to wetlands, and WHEREAS, the development rights purchase of this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, be it therefore RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ April 9~ 2002~ at 8:00 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of development riehts of aericultural lands for a certain parcel of property owned by Maureen Cullinane. Said property is identified as SCTM #1000-19-1-1.2. The property is located on the southwest comer of Main Road and Narrow River Road in Orient. The development rights easement comprises approximately 29.55 acres of the 34.55 acm farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.55 acres. The Town is eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency, and be it. MAR 2 9 2002 OEP[ OF LAND PRESERVATION FURTHER RESOLVED 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC F/EARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesday, April 9, 2002~ at 8:00 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold, New York as the time and place for a pub/lc hearing for the purchase of developmeat rir, hts of aericultural lands for a certain parcel of nrunerty owned by Maureen Cullinane~ pursuant to the provisions of Chaptur 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby Maureen Cullinene, owner of the property know as SCTM# 1000-19-1-1.2, located on the southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value in addition to it's scenic value end proximity to wetlends, and The development rights purchase of this property is in conformence with the Community Preservation Project Plen and Chapter 25 (Agricultural Lands Preservation) of th',5 Town Code, be it therefore Said property is identified as SCTM #1000-19-1-1.2. The property is loca~sd on the southwest comer of Main Road and Narrow River Road in Orient.The/development' rights' easement comprises approximately 29.55 acres of the 34.55 acre farni! The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Lend Preservation Committee, prior to the conh'act closing. The purchase price is $425,000 (four hundred twenty-five thousend dollars) for the development rights easement on approximately 29.55 acres. The Town is eligible for a grant fi-om the New York State Department of Agriculture for partial purchase of this property end part of the purchase price may be reimbursed from that agency, end be it. NOTICE IS HEREBY FURTHER given that a more detailed description of the above mentioned parcel of lend is on file in Land Praservafion Department, Southold Town Hall, Feather Hill Annex, Southold, New York, end may be examined by eny interested person during business hours. Dated: March 26, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL t~ , 2002, 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 Town Board Members Town Attorney John Cushman, Accounting Land Preservation Committee Department of Land Preservation Maureen Cullinane Town Clerk's Bulletin Board PUBLIC HEARING APRIL 9, 2002 8:00 P.M. ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS FOR A CERTAIN PARCEL OF PROPERTY OWNED BY MAUREEN CULLINANE. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski COUNCILMAN WICKItAM: "NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets Tuesda¥~ April 9~ 2002~ at 8:00 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of proper,ty owned by Maureen Cullinane~ pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby Maureen Cullinane, owner of the property know as SCTM# 1000-19-1-1.2, located on the/ southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the. development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value in addition to it's scenic value and proximity to wetlands, and The development rights purchase of this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, be it therefore Said property is identified as SCTM #1000-19-1-1.2. The property is located on the southwest comer of Main Road and Narrow River Road in Orient. The development rights easement comprises approximately 29.55 acres of the 34.55 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.55 acres. The Town is eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency, and be it. NOTICE IS HEREBY FURTHER given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: March 26, 2002. By order of the Southold Town Board. Elizabeth A. Neville, Sottthold Town 2 Clerk." I before me a notification of publication in the Suffolk, and notice that has appeared on the Bulletin Board of the Southold Town Clerk. I don't have any additional communications. I wonder if I could ask the Director of the Land Preservation Department to give a brief presentation about this? MELISSA SPIRO: Good evening, Supervisor Horton, and members of the Town Board. I am here tonight for Dick Ryan, Chairman of the Land Preservation Committee in regard to the Town's proposed pumhase of the development rights on the Cullianane agricultural parcel. The property owner, Maureen Cullinane is also here in the audience tonight. Maureen Cullinane's land is located in Orient on the southwest comer of Main Road and Narrow River Road. It is shown in red on the map in front. It is a highly visible property with road frontage on 3 sides. It has over 1200 feet of frontage on Main Road, and close to 2000 feet of frontage on Narrow River Road. Narrow Riverh Road curves so that it actually fronts on 2 sides of the property. As you can see from the map, the property is adjacent to and in the vicinity of other protected parcels. The yellow indicates state owned land, the green indicates Town of County owned farmland development fight easements, the light blue indicates Nature Conservancy land and the light tan indicates a Peconic Land Trust easement. The property is adjacent to, and in the vicinity of over 1000 acres of protected land. The total parcel is 34.5 acres, and the proposed development rights easement is 29.5 acres. The parcel contains prime ag soils and also some areas of wetland. There will be 1 five acre reserved area with development rights intact, the reserved area is the white area surrounded by the red area. Maureen Cullinane proposes to construct an agricultural barn and eventually her home on the 5-acre reserved area. There will be a 20' wide easement area allowed to the reserved from Narrow River Road for residential purposes, and a 20' wide easement area allowed to the reserved from Narrow Riverh Road for residential purposes, and a 20' wide easement area from Main Road to the reserved area for agricultural purlc/oses and for a utility easement to the reserved area. The parcel is located within the existing 5 acre ~oning district. It is a parcel that is currently farmed under a lease, and the new owner has plans to farm the parcel herself. The parcel is located on the Town's Community Preservation Plan under three different classification codes: agricultural preservation, lands of exceptional scenic value and wetland protection. The landowner originally had an application before the Planning Board to create a total of 4 lots on this parcel, 3 residential lots and 1 agricultural lot with purchase of development rights potential. After reviewing the application and conducting field inspections, the Committee decided that they would like to see more preservation and less development on this parcel. That is, they wanted to make sure that as much agricultural land as possible was preserved, in addition to preservation of the scenic value of the parcel. The committee felt that the proposed development, even though it was not a full development, did not achieve these goals. The Committee worked diligently with the applicant, who also wished to see as much of the property preserved as possible, and they were able to negotiate the proposal we have before you tonight, which does meet the goals of both increased agricultural and scenic preservation. The negotiated purchase price is four hundred twenty-five thousand dollars and 29.5 acre development rights easement. The value of the purchase is supported by an appraisal prepared by Given Associates of Hauppauge. The purchase will be in accordance with Chapter 25, Agricultural lands Preservation and Chapter 6, the Community Preservation Fund. The funding for the purchase will come from the 2% funding. This parcel was included in a grant awarded by the Department of Agricultural and Markets and therefore it is likely that the Town will receive partial re-imbursement for the purchase. Because of it's agricultural value, its scenic value and its proximity to other existing productive farmland and preserved land, this property has a high 3 eligibility for preservation. The Land Preservation Committee is unanimous in recommending this development rights purchase. SUPERVISOR HORTON: Is there anyone else who would like to comment on the public heating? (No response.) I would like to extend my congratulations. Often times the Town Board gets credit for these acquisitions, and all the accolades, and I have to say that, Melissa, between you and the people that you work with have put this together with not much help from the Town Board. This is what you do, and you do it well, and if anybody needs to be thanked for preservation in this town it is your office, so I appreciate that. MAUREEN CULLINANE: I am Maureen Cullinane. I am the landowner, and I would just like to take this opportunity to commend the Land Preservation Committee and Melissa. You stole my thunder a little bit. But, they have been extraordinarily hard working, patient, and tenuous to make this deal happen, and I want to say that I appreciate it, and I am proud and pleased to live in a community that has volunteers doing this kind of good work. I thank everyone. DICK RYAN: Good evening. My name is Dick Ryan. I serve as Chairman of the Town's Land Preservation Committee, and it is almost like a love fest that I am experiencing here now. It is great, but I did want to not only commend Melissa for the message she gave you. It is exactly on point, and Maureen, too, for her description of our involvement together. This is probably the most challenging, most intensive negotiation we have experienced thus far with repeated visits to the property by members of the committee, and a lot of conversations with Planning Board, Planning staff, attorneys, brainstorming in our own committee. It is a fantastic success. It is a win for Southold Town and the Orient community to make one more step into preservation of the rural character of Southold. So, I hope you do well here. SUPERVISOR HORTON: Thanks, Dick. Anyone else like to address the Board on this piece? (No response.) We will close the heating. Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New 'York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 254 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9, 2002: WHEREAS, Maureen Cullinane, owner of the property know as S CTM# 1000-19-1 - 1.2, located on the southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and WHEREAS, the property is listed on the Town's Commun/ty Preservation Project Plan as property that should be preserved due to it's agricultural value, in addition to it's scenic value and proximity to wetlands, and WHEREAS, the development rights purchase of this property is in conformance with the Commune:Ay PreServation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, ?~d WHEREAS, this action is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Short Environmental Form prepared for this project is accepted and attached hereto; be it therefore RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it FURTHER RESOLVED that pursuant to the provisions of Chapter 25 and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase a development fights easement comprising approximately 29.5312 acres on the 34.5527 acre farm parcel owned by Maureen Cullinane, identified as SCTM# 1000- 19-1-1.2. The property is located on the southwest comer of Main Road and Narrow River Road in Orient. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.5312 acres. The Town is eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the pumhase price may be reimbursed from that agency. Elizabeth A. Neville Southold Town Clerk 4 617.20 Appendix C I State Environmental Quality SEQI~I SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only · p--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 2. PROdEGT NAM , 4. P~ ~E~ LOCA'IION (Street ~¢ess and ro~d IMe~ecflons, ~ landman~, mc., ~' p~wlde ~a~,) __ C% $. DESCRIBE PROJECt, 8RI.EFLY: ~~ .c~. ' Ultlmat ac~es ~ 8. W~LL. ~ A~-~ilON COMt~.¥ Wt"ll-I EXISt. NG ZOfllNG Off OTHER EXlS11NG I. AHD USE RESTRICTIONS?  es ['~ No If No, de~ribe Ixlef[y ri Qthef ~ INVOt.VE A PERMIT AppROVAL,"~ FUNDING, HOW O~ ULTIMATELY FRoM ~ OTHE~ GOVF. J~MEKI'AL AG~J~Y (FEDE~I,L, STATE OR LOCAL)? Fly. I~.o , y~, ~m ~e,.~.~ ,nd ~o,~ 11. DOES ANY ,~,SPECT OF THE ACTIOH HAVE A CURRENTLY VAUD PERMfl' OR APPROV"U'? - 12. AS A RESULT OF pt~OPC~ED ACTtOH WILL EX~O'~NO pERMrrlAPPROVAL REQUIRE MOO~FICA110N? TH~VIDED ABO~E IS ~ TO 1HE BEST OF MY KNOWLEDGE I CERTIFY THAT ~nature: - OVER 1 ill--DETERMINATION OF ~IGNJFlCANCE (1'o be oompleted by Agen<~') F_~Ch effect should'be ~s~. In co~ecaoll mm .a tW ,,~ w exp~anatlon~ omtlaln m~fflole~t clelah to rmo~ ma~ m, ,~m,, ~ ' ~- ' ' Im~ of q~ D ~ P~ II w~ ~ ~.~ ~t~ ~ ~ must ~te ~ t~ ~ ~ of ~e ~ ~r. ~n ~ dl~ to t~ ~ ~F ~ P~ a ~tNe d~l~at~. ANO ~ ~ atta~ments u ~, t~ ~s suppling this de~l~tJon: . ~ 2 P U R C H A S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaidtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 254 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9, 2002: WHEREAS, Maureen Cullinane, owner o f the property know as S CTM# 1000-19-1 - 1.2, located on the southwest comer of Main Road and Narrow River Road in Orient, has offered to sell the development rights on approximately 29.55 acres of her 34.55 acre agricultural parcel; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value, in addition to it's scenic value and proximity to wetlands, and WHEREAS, the development rights purchase of this property is in conformance with the Community Pr/:servation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, WHEREAS, this action is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Short Environmental Form prepared for this project is accepted and attached hereto; be it therefore RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it FURTHER RESOLVED that pursuant to the provisions of Chapter 25 and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase a development rights easement comprising approximately 29.5312 acres on the 34.5527 acre farm parcel owned by Maureen Cullinane, identified as SCTM# 1000- 19-1-1.2. The property is located on the southwest comer of Main Road and Narrow River Road in Orient. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $425,000 (four hundred twenty-five thousand dollars) for the development rights easement on approximately 29.5312 acres. The Town is eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT MAUREEN CULLINANE to TOWN OF SOUTHOLD Development Rights Easement - 29.5312 acres Premises: Route 25 & Narrow River Road, Orient SCTM #1000-19-1 -plo 1.2 Closing took place on Wednesday, May 22, 2002 at 3:15 p.m., Southold Town Hall, 53095 Route 25, Southold, New York Purchase Price of $ 425,000.00 disbursed as follows: Payable to Maureen Cullinane Payable to Margaret A. Young Payable to Barbara Young $ 134,094.24 $ 145,452.88 $ 145,452.88 Expenses of Closing: Appraisals Payable to David C. Wimpelberg (Young) - appraisal dated 6~4~97 Payable to Patrick A. Given, SRPA (Young) - invoice dated 2~25~00 Payable to Patrick A. Given, SRPA - invoice dated 8/28/01 Payable to Patrick A. Given, SRPA - invoice dated 1128102 $ 1,000.00 $ 2,000.00 $ 1,500.00 $ 2,500.00 Survey Paid by Maureen Cullinane Environmental Report Payable to Nelson, Pope & Voorhis, LLC $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Fee insurance Recording deed $2,191.00 $ 115.00 $ 2,306.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. $ 50.00 Those present at Closing: Joshua Y. Horton Gregory F. Yakaboski, Esq. Maureen Cullinane Patricia C. Moore, Esq. Karen Hagen, Esq. Melissa Spiro Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator I _GIVEN A S S O C i A T E S PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 August. 28, 2001 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Re: Appraisal of Real Property of Maureen Cullinane, Located Southwest Corner of Main Road and Narrow River Road, Orient, NY S.C.T.M #1000-19-1-1.2 Our File #2001129 $1,500.00 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD N%unber of Pages: 10 TRANSFER TAX NUMBER: 01-42628 District: 1000 Deed Amount: Section: Block: 019.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $425,000.00 Recorded: At: LIBER: PAGE: Lot: 001.004 Received the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert.Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Com~.Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 01-42628 THIS PAGE IS A FART OF THE INSTRUMENT $5.00 $5.o0 $5.00 $3O.00 $0.00 $105.00 06/06/2002 11:05:20 AM D00012190 149 ? ExemPt NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County JUL 2 4 2002 TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD Number of pages TORRENS Serial # Prior Ctf, # Deed / Mortgage Instrument 41 Page / Filing Fee ~ 0 __ Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5 on Affidavit Certified Copy Reg. Copy Other Deed / Mortgage Tax Stamp FEES RECORDED 2002 Jun Og 11:05:20 ~M Edward P.Romaine CLERK OF SUFFOLK COUNTY L D00012190 P 149 O01-42628 Recording/Filing Stamps ,I Stamp Dale Initials __ Sub Total Real Property Tax Service Agency Verification 02012942 looo oi9oo OlOO ooioo4 Satisfactions/Discharges/Releases List ~eroperq, Uwners wlmm~g ~ RECORD & RETURN TO: Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total SpecYAssit. Or Spec./Add. TOT, MTG. TAX Dual Town Dual County__ Held for Appo[tionment __ T~ansfer Tax ~K~4f')~L Man~ion Tax The proper~ covered by this mortgage is or v ill be improved by a one or two family J~elling only. YES or NO lINd, see appropriate tax clause on page ~ ~ of ~i$ ins~ment. ~2Z~ I s C0~uni~ Prese~ation Fund Consideration Amount $ g~/~.~ CPF Tax Due $ 0 /~,~E~"r. Improved Vacant Land TD / TD TD Suffqlk County Recording & Endorsemem Page Thispagefolmspartoftheattached /~eLa~sf/ytL''D¢~,e./~oro~f- ~,~,4~x'~ made,y: (SPEOFY TYPE O{INSTRtnv~T ) J TO Tl~e premises heiein is situated in SUFFOLK COUNTY, NEW YORK. In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK iNK ONLY PRIOR TO RECORDING OR FILiNG. (OVER) DEED OF DEVELOPMENT RIGHTS THiS INDENTURE, made this 22nd day of May, 2002, BETWEEN MAUREEN CULLINANE, residing at P.O. Box 35, Orient, Ne~v York 11957 party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of FOUR HUNDRED TWENTY-FIVE THOUSAND ($425,000.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the prenfises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Orient in the Town of Southold, County of Suffolk and State of New York, bounded as follows: BEGINNING at the comer formed by the intersection of the southerly side of Main Road (NYS Route 25) and the westerly side of Narrow River Road; RUNNING THENCE along the westerly side of Nan-ow River Road south 26 degrees 30 minutes 36 seconds east, 1044.17 'feet to the corner formed by the intersection of the westerly side of Narrow River Road and the northwesterly side of Narrow River Road; THENCE along the northwesterly side of Narrow River Road south 34 degrees 48 mintites 36 seconds west, 945.21 feet to land now or formerly of Young; THENCE North 45 degrees 15 minutes 07 seconds West, 152.28 feet; THENCE North 34 degrees 48 minutes 36 seconds East, 367.28 feet; THENCE North 45 degrees 15 minutes 07 seconds West, 510.63 feet; THENCE South 63 degrees 44 minutes 53 seconds West, 382.63 feet; THENCE South 78 degrees 54 minutes I0 seconds West, 190.00 feet to land now or formerly of Taylor; THENCE along said last mentioned land and land now or formerly of White and Sabine, North 22 degrees 05 minutes 50 seconds West, 697.49 feet to the southerly side of Main Road (NYS Route 25); THENCE along said southe,~ty side of Main Road (NYS Route 25) the following three (3) courses and distances; 1. North 65 degrees 21 minutes 30 seconds East, 315.35 feet; 2. North 64 degrees 27 minutes 30 seconds East, 609.66 feet; 3. Easterly along the arc of a curve bearing to the left, having a radius of 1604.28 feet, a distance of 309.66 feet to the comer first above mentioned, to the point or place of BEG12qN1NG. 2 TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abntting the above described prenfises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. · TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands actually used in bona fide agricultural 3 production as defincd in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land it] perpetuity. AND the pa~ty of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by wilt or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. 4 THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first pm~t covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs/and expenses which may arise out of (1) any inaccuracy or misrepresentatio~ in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. 5 THE party of the first part hereby reserves a twenty (20) foot right-of-way for residential pm-poses including for ingress and egress tutoring from Narrow River Road to seller's retained five (5) acre building area. Said right-of-way shall be located a minimum of one hundred (100) feet from the wooded tidal wetland edge and as shown on the attached survey. Seller reserves the right to improve and maintain said right-of-way with pervious material and with such drainage as may be required by applicable regulatory agencies, at her own cost and expense. This covenant shall mn with the land in perpetuity. THE party of the first part hereby reserves a twenty (20) li~ot right-of-way from Main Road to the retained five (5) acre building area for installation, maintenance and repair of underground utilities. Said right-of-way shall include the fight to install, maintain and repair such utilities as water, electric, gas and cable, and such other utilities or public services as may become available. Howev/~r, said utilities shall be buried at sufficient depth so as to not interfere with the contiiiued agricultural use of the property. Said right-of-way shall run along existing dirt farm road and be of sufficient width to accommodate all underground utilities as well as continued use of dirt farm road, for agricultural purposes. This covenant shall run with the land in perpetuity. IT is hereby agreed and understood by the party of the first part and the party of the second part that the farm road may cross the Development Rights property in its present location and may be relocated, as needed, as long as the road continues to be used for farming purposes. This covenant shall run with the land in perpetuity. THE use of this property shall be consistent with both the agricultural value and the scenic value of the property. Use of the property shall be conducted in a manner that 6 ) does not detract from, or adversely affect the open space and scenic value that is protected by this development rights purchase and easement. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this snbsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall mn with the land in perpetuity. THE following shall be a covenant running with the land in perpetuity subject to the Town receiving grant money from the New York State Department of Agriculture,f- reimbursing the Town for the partial or total purchase price of this interest in land: amendments to the approved easement (the covenants and restrictions set forth in this Deed) must be authorized by the New York State Department of Agriculture"- This covenant shall run with the land in perpetuity. THE following shall be a covenant running with the land in perpetuity subject to the Town receiving grant money from the United States Department of Agriculture (USDA) Farmland Protection Program reimbursing the Town for the partial or total purchase price of this interest in land: "Contingent Right in the United States of America: In the event that the county or local government and approved co-holding land trust, if any, fails to enforce any of the terms of this easement [or other interests in land], as 7 determined 'in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement tinough any and all authorities available under Federal or State law. In the event that the county or local government and approved co-holding land trust, if any, attempts to terminate, transfer, or otheDvise divest itself of any rights, title, or interests of this easement [or other interests in land] without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement [or other interests in land] shall become vested in the United States of America. This covenant shall run with the land in perpetuity. 1N WITNESS WHEREOF, the party of the first part and the party of the seond part have duly executed this deed the day and year first written above. Seller: Maureen Cullinane Purchaser: Town of Southold STATE OF NEW yORK ) )ss: RECORb5[~ Edu.ard CLE¢}:: suFFOLK L [:,000 l~lSO F' 143 COUNTY OF SUFFOLK On the 22nd day of May, 2002, before me personally appeared MAuREEN CULLINANE, 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 she executed the same and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qua~iffed in Suffolk Count~_ .,/Z/--, Commission Expires March 21, 20 ~ STATE OF N,~W yORK ) )ss: COUNTY OF SUFFOLK ) On the 22nd day of May, 2002, before me personally appeared JOSHUA Y- HoRTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. MELANIE OOROSK] NOTARY PUBLIC, stere o! HewYad[ No. 01DO4634670 tiffed in Suffolk CouMV Qua · ~ 9 T I T L E P 0 L I C Y . OWNER'S POLICY OF TITLE INSLIRANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B .AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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~o'f the title, as in~ured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it§ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President EXCLUSIONS FROM COVERAGE The following matters/are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which ~x~ise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any takit~g which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or ¢,-~{e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured ~- by this policy. -~ ' 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of Se operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transactisn creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the prefer¢~ntial transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM I PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A {3RICdNAL Valid only if Schedules A and B and Cover are attached t~LIIL: KIV~KHI'AP ~U. JU/ h ille No,: RH8002~012 ommo .... SCHEDULE A Amou~tt of Znsurance: $425,000.00 Date of Policy: May 22, 2002 Policy No,: RH80021012 Name of Znsured: TOWN OF SOUTHOLD The estate or interest in the land which is covered by this polie/is.' Development Rights Title to the estate or interest in the land is vested in; TOWN OF SOUTHOLD By deed made by HAUREEN CULLZNANE to the ZNSURED dated May 22, 2002 and to be recorded in the Office of the Clerk/Register of= SUFFOLK County, The land referred to in this policy is described on the anne);ed Schedule A - Description, Countersigned: _ Authorized Officer or Agent Fee Policy Znsert SCHEDULE B Exceptions from Coverage This policy does not insure against loss er damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: Riparian right of others in and to the uninterrupted flow of any b~ooks or streams crossing the premises. Survey made by Peconic Surveyors, P.C. dated 03/25/02 and revise 03/29/02 covers premises and more and shows subject premises as cultivated fields a)Twenty C20) foot wide right of way from Narrow River Road to reserved parcel; b)Twenb/(20) foot wide right of way for under ground utilities and Agricultural use from Main Road (N.T.$.25) to reserved area, c)Landword edge of tidal wetlands, as delineated by Suffolk county, Environmental Consulting, [NC. on 01/25/01 shown over central westerly and easterly portions of premises; al)Drainage ditch shown thereon; e)Edge of pavement from rood crosses extreme southeasterly comer of premises; f)Drain shown in Northwesterly corner of premises; g)One-hundred (100) foot buffer shown over westerly part of premises. No other encroachments or variations shown. The tax search herein shows a partfal or f~ll exemption from taxation. The exemption from taxation will ter~inata immediately upon the transfer of title to the Insured. Policy excepts the lien of restored taxes, plus penalty and interest, if any. Fee Policy Insert SCHEDULE A - DESCR'rPTI'ON AMENDED..Q5/17/02 .. ....... PART OF TAX LOT 001.002 ALL that certain plot, piece or parcel of land, situate, lying and being at Orient in the Town of $outhold, County of Suffolk and State of New York, bounded as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road (NY$ Route 25) and the westerly side of Narrow River Road; RUNNING THENCE along the westerly side of Narrow River Road south 26 degrees 30 minutes 36 seconds east, 1044.17 feet to the corner formed by the intersection of the westerly side of Narrow River Road and the northwesterly side of Narrow River Road; THENCE along the northwesterly side of Narrow River Road south 34 degrees 48 minutes 36 seconds west, 945.21 feet to land now or formerly of Young; THENCE North 45 degrees 15 minutes 07 seconds west, 152.28 feet; THENCE North 34 degrees 48 minutes 36 seconds East, 367.28 feet; THENCE North 45 degrees 15 minutes 07 seconds West, 510.63 feet; THENCE South 63 degrees 44 minutes 53 seconds West, 382.63 feet; THENCE South 78 degrees 54 minutes 10 seconds west, 190.00 feet to land now or formerly of Taylor; THENCE along said last mentioned land and land now or formerly of White and Sabine, north 22 degrees 05 minutes 50 seconds west, 697.49 feet to the southerly sidle of Main Road (NYS Route 25); THENCE along said southerly side of Main Road (NYS Roi!re 25) the following three (3) courses and distances: 1. north 65 degrees 21minutes 30 seconds east, 315.35 feet', 2. north 64 degrees 27 minutes 30 seconds east, 609.66 feet; 3. easterly along the arc of a curve bearing to the left, having a radius of 1604.28 feet, a distance of 309.66 feet to the corner first above mentioned, to the point or place of BEGINNING. Fee Policy Insert Common w ea -~le No.: RH80021012 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) ATTACHED TO AND MADE A PART OF POLZCY NO. RH80021012 zSSUED BY COMMONWEALTH LAND TZTLE ZNSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 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. / / Dated: May 22, 2002 Issued at: Commonwealth Land Title Insurance Company 177 Old Country Roadt PO Box 419 Riverhead, NY 11901 By. Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92 TC~10037NY (07/00) UOINDI'HONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law ~istinguished frown purchase including, but not limited to, heirs, ~tlbutees. devisces~ :survivors. personal representatives, next of kin. or c~porate or fiduciary, successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or ,known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (dj "land": the lan-l'd described or referred to in Schedule A. and improvements alfixed~lfereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (0 "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l(a) (iv) of the Exclusions From Coverage. "public records" shall 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) "unmarketability of the title": an alleged or apparent matter affecting the title to the land. not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiting the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land. or holds an indebtedness secured by a purchase money s~a~rgage given by a purchaser from the insured, or only so long as thc ed shall have liability by reason of covenants of warranty made by the ed in any transfer or conveyance of the estate or interest. This policy not continue in force in favor of any purchaser from the insured of either ti) an estate or interest in the land. or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing ti) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provide& however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY'(~F INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company. at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. oTbe Company shall have the tight, at its own.east, ti) institute apd ute ah); action or p~'oceedi~g or to do any other act which in its n may b~ necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company sha!l exercise its rights under this paragraph, it shall do so diligently. B 1190-1A' (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this pohcy, the Company may pursue any litigation to final determination by a court of competemjur~sdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order. (dj In all cases where this policy permits or requires the Company to iPnrOSecute or provide for the defense of any action or proceeding, the sured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use. at its option, the. name of the insured for this purpose. Whenever requested by the Company. the insured, at the Company's expense, shall give the Company all reasonable aid ti) in any action or proceeding, securing evidence, obtainifig witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act Which in the opinion of the Company may be neces~y or desirable to establish the title to the estate or interest as insured~-'I~the Company is prejudiced by the failure of the insured to furnish the r~qu-~red cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shali produce for examination, inspecuon and copying, at 5;ach reasonable times and places as may be designated by any authorized /?epresentative of the Company. all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Policy. Which reasonably pertain to the loss or damage. Further. if requested by any authorized representative of the Company . the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine . inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company. i~ is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminale any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: ts)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amounl of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the ~nsured claimant, which were authorized by the Company. up to the time of payment or tender of payment and which the Company is obliga- ted to pay. Upon the exercise by the Company of this option, all liabilily and obligations to the insured under thispolicy, other Ihan to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. ti) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to lime of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimam the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii). the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, ir~cluding any liability or obligation to defend, prosecute or continue any litigation. and Stipulations Continued Inside Cover (_ 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by ~reason of matters insured against by this policy and only to the extsnt herein ascribed. ~ (a) ~he liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the d~ference between the value of Ihe iosumd estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy Is less than 80 pement of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 pement of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedute A consists of two or mom parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each pamel bythe Company and the insured at he time of the issuance of this policy and shown by an express statement or by ~ endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a dght of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals lherefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determtnstion by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liabitity voluntarily assumed by the insured in settling any claim or sue without the pdor written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF MABIMTY. All payments under this policy, except payments made for costs, aftomeys' fees and expanses, shall reduce the amount of the insurance pro tanto. 11. EABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy Insudng a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest dasc~tbed or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the osC°mpany (b) When liability and the extent of loss or damage has been definitely ixud in accordance with these Conditions and Stipulations the loss or damage hal be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SE'I-rLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under thi policy, all right of subrogation shall vest in the Company unaffected by any act ¢ the insured claimant. The Company Shail be ~'~brogated' t(~ ~nd be entitled to* all dghts an~ remedies which the insured claimant would have had against any person c property in respect to the claim had this policy not been issued. If requested b the Company, the insured claimant shalt transfer to the Company all rights an, remedies against any person or property necessary in order to perfect this right ¢ subrogation. The insured claimant shall permit the Company to sue, compromis, or settle in the name af the insured claimant and to use the name of the insure~ claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of th~ insured claimant, the Company shall be subregated to these rights and remedie in the proportion which the Company's payment beam 1o the whole amount of th~ loss. If loss should result from any act of the insured claimant, as stated above that act shall not void this policy, but the Company, in that event, shall be requite~ to pay only that part of any losses insured against by this policy which sha exceed the amount, if any, lost to the Company by reason of the impairment b' the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exis and shall include, without limitation, the dghts of the insured to indemnities guaranties, other policies of insurance or bonds, notwithstand ng any terms o conditions contained in those instruments which provide for subrogation dghts b,, reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured ma,, demand ad:)itration pursuant to the Title Insurance Arbitration Rules of the Ameitcan Arbitration Association. Aibitrable matters may include, but are no limited to, any controversy or claim between the ComDany and the insured arisict out of or relating to this policy, any service of the Company in co{3nection with it= issuance or the breach of a policy provision or other obligation. All arbitrabl; matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated a the option of either the Company or the insured. Ail arbitrable matters wried the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only whet agreed to by beth the Company and the insured. A~;;,ation pursuant to this polic! and under the Rules in effeot on tbe data the de .n~.nd for arbitrstion is mede or, a the option of the insured, the Rules in effect a~t Date of Policy shall be bindin[ upon the parties. The award may include attc~'neys' fees only if the laws of the state in which the land is located permit a ¢!3urt to award attorneys' fees to; prevailing party. Judgment upon the award rendered by the Arbitrator(s) may I~ entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Titl; Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. EABILITY EMITED TO THIS POLICY; POMCY ENTIRE CONTRACT. (a} This policy together with all endorsements, if any, attached hereto b3 the Company is the entire policy and contract between the insured and th; Company. In interpreting any provision of this policy, this policy shall b( constreed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, ant which arises out of the Status of the title to the estate or interest covered hereby o~ by any action asserting such claim, shall be restricted to this pchcy. (c) No amendment of or endorsement to this policy can be made except b3 a writing endorsed hereon or attached hereto signed by either the President, ~ Vice President, the Secretary, an Assistant Secretary, or validating officer o~ authorized signatory of the Company. 16. SEVERABIMTY. In the event any provision of the policy is held invalid or unenforceable unde~ applicable law, the policy shall be deemed not to include that provision and. al other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in wfitirk; requlreq to be furnished the Company shall include the number of this policy an~ shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. NM1 PAIO ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached NEW YORK OFFICES NEW YORK STATE OFFICE 655 Third Avenue New York, New York 100~17 (212) 949-0100 FAX: (212) 983-8430 37 Franklin Sb'eet. Suite 100 Buffato, New York 14202 (716) 853-6800 FAX: (716) 853-6806 GARDEN CITY 1325 Franklin Ave. Suite 160A Garden City, New York 11530 · (516)742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New Ycrk 10956 (845) 634-7070 FAX: (845) 634-8513 177 Old County Road Riverhead, New York 11901 (631)727-7760 FAX: (631 ) 727-7818 1777-6 Veterans Memorial Hwy Islandia, New York 11722 (631} 232-3503 FAX: (631) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 Third Avenue NewYork, New York 10017 (212)949-0100 OWNER'S POLICY OF TITLE INSURANCE (lO/17/92) AMEmC~ LAND Trna ASSOC~mION Issuer BY Co~o~g~,l~H L~qD Trrl~ I~SUi~NC~ CO~,PANV Commonwealth Title Insurance Since 1876 101 Gat~ay Centre Parkioay, Gat~oay One Richmond, Virginia 23235-5153 A WORD OF THANKS ..... As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. Thoro is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land 'r e Insurance Company P.O. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 B 1190-3 N Y S A G & M K T S W A I V E R WAIVE R NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of 29.5312 acres of active farmland and/or -0- acres of non- farmland, situated at Suffolk County Tax Map No. 1000-19-01-1.2, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to require the Town of Southold 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 TOWN OF SOUTHOLD By: /~5~ ~hgu5aRYo. utHeO ~ n, Supervisor P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowner M~ureen Cullinane P.O. Box 35 Orient, NY 11957 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 22nd day of May, 2002, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; 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. Notary Publi(~C-/ ~ ~- STATE OF NEW YORK COUNTY OF SUFFOLK )SS: KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffo k County Commission Expires March 21, 20 On the 22nd day of May, 2002, before me personally appeared MAUREEN CULLINANE, 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 she executed the same in her capacity 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. Notary Public /I KAREN ~ HAGEN NOTARY PUBLIC, State oi New York No 02HA4927029 uatified in Suffolk Counb] CommiSsion Expires March 21, 20 _ - I~I~LISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: FROM: Supervisor Horton Town Board Town Clerk Planning Board Tax Assessors Building Department Data Processing Town Attorney Land Preservation Committee John Cushman Melissa Spiro, Land Preservation Coordinator Development Rights Acquisition DATE: June I0, 2002 Please be advised that the Town has purchased the Development Rights on the property list~ If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: MISC: 1000-19-1-1.2 Maureen Cullinane May 22, 2002 $425,000 (Purchase was not based on a per acre value) 29.5312 acres The development rights were purchased on 29.5312 acres of the 34.5527 acre parcel. The development rights remain intact on the 5.0215 acre reserved area. The 5 acre reserved area has not been subdivided from the area on which the development rights have been purchased. Therefore, the 5 acre Reserved Area remains as part of the larger parcel on which the development rights have been purchased. The attached part of the survey shows the location of the reserved area. Encl. cci Peconic Land Trust The Nature Conservancy P R O P E R T Y R E C O R D S 2006 Suffolk County Tax Map Maureen Cullinane by The Suffolk Times 03/12/2016 9:53 AM Maureen Cullinane of Orient died March 7. She was 66. Raised in Lindenhurst, she graduated from Lindenhurst High School and went on to attend the Fashion Institute of Technology in Manhattan. Ms. Cullinane worked for many years as a fashion designer, working for Susan Bristol in Boston and running her own line, Cullinane Enterprises. She moved back to Long Island approximately 15 years ago, settling in Orient and working as a landscape designer. Family members said she was a very active member of the North Fork community. She owned and operated Good Gardens, volunteered as a firefighter and an EMT and was a member and past president of the North Fork Audubon Society. Ms. Cullinane is survived by her mother, Rita Walsh of Bayport;her siblings Patrick Walsh of Florida, Daniel Walsh of Central Islip, Peggy McLoughlin of Calverton, Timothy Walsh of Florida and Thomas Walsh of Bayport; as well as many nieces and nephews. She was predeceased by her father, Howard Walsh, and two siblings, Sheila and Michael Walsh. Friends and relatives gathered March 12 for a funeral Mass at St.-Lawrence R.C. Church in Sayville. Funeral arrangements were in the care of Raynor & D'Andrea Funeral Home in West Sayville. Gullinane. Maureen Roll~e:a~: ~ C~,r Yr :: Lan~: i Dhts 28410 Rou~e 25 Land Si~e:29.55 a~[es : :: :: ~=me Maufeen Cu nane 700 ~ e~,~ ~b~ 700 P0 Box: 35 : 88nk: City: Orient. NY Zip: 11957- SCF~la~e~ar: ~00 AbctNo: Bock Page Sals ba.e Bale Price Owner ~pCls; L~ndiighls : ;U~? :: : Code A~mOUn[ Yea Pct 41730 AGR-INDAPP 3.000 0 0 . Code Ur, it~ Pct Type, 140~e']~ ~ ;~ ~i&me SqFT Yr Built FD025 06ent FD .00 D0 Double 473889 SOUTHOLD 19.-1-1.4 28410 MAIN RD OWNER & MAILING INFO ~LINANE MAUREEN BOX 35 ORIENT NY 11957 NYSRPS ASSESSMENT INQUIRY SCHOOL OYSTER PONDS SCH PRCLS 129 LAND RIGHTS === =MISC RS-SS 1 BANK DATE : 07/26/2004 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 01 I======== ====== ASSESSMENT DATA =========== I **CURRENT** RES PERCENT ~LAND 3,700 **TAXABLE** ITOTAL 3~700 COUNTY **PRIOR** TOWN ILAND 3,700 SCHOOL ITOTAL 3,700 800 800 800 Fl=NEXT PARCEL 75.10- 03-050 F6=GO ~PK06~ ~0M060 NWW020 F3=NEXT EXEMPT/SPEC TO INVENTORY F9=GO TO XREF F4=PREV EXEMPT/SPEC F10=GO TO MENU ==DIMENSIONS ===l======= SALES INFORMATION ACRES 29.~5 IBOOK 12118 SALE DATE 00/00/00 NPAGE 984 PR OWNER =======TOTAL EXEMPTIONS I =============l== TOTAL SPECIAL DISTRICTS CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE 41730 2,900 04 ~FD02~ VALUE 2 0 0 1 P H O T O S I I I I I I I I ! ! 1 I ! PHOTOGP~PHS OF S[J~JECT View of Subject - Facing Southedy View of Subject - Facing Southedy ~2 I I I I I I _PHOTOGPJ~PHS OF SU[~JECT Facing Southerly Along Narrow River Road View of Wetland Area PHOTOGRAPHS OF SUB_ JE~CT Facing Easterly Along Main Road Facing Westedy AIon§ Main Road L P C R E V I E W R E Q U E S T S OFFICE LOCATION: MELISSA A. SPIRO ��OF SD'UryO Town Hall Annex LAND PRESERVATION COORDINATOR �p �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 G Q Facsimile(631)765-6640 �`� i0 MAILING ADDRESS: �ycoUNTI,� P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 23, 2015 Maureen Cullinane P.O. Box 35 Orient, NY 11957 Re: SCTM #1000-19.-1-1.4 CULLINANE Property Request for Agricultural Structure Placement on PDR Lands — deer fence Dear Maureen: At its regular meeting held on November 10, 2015, the Land Preservation Committee members reviewed your request dated 10/27/2015 for the installation of deer fencing around the property perimeter upon land on which the Town owns a development rights easement and found that deer fencing is consistent with the terms and conditions of the recorded easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc: request dated 10/27/2015 +�iIjFFQ��• © OFFICE LOCATION: MELISSA A.SPIRO q Town Hall Annex LAND PRESERVATION COORDINATOR ��• f/,f, 54375 State Route 25 melissaspiro@town.southold.ny.us (corner of Main Rd&Youngs Ave) � x Southold,New York Telephone(631)765-5711 t7Y Facsimile(631)765-6640 MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959•" DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD REQUEST for Agricultural Structure Placement on PDR Lands Tax Map No. 1000- I am the owner of the property. descr!4gd below and on which the Town purchased a development' rights/conservation easement on or about ` -(date). Name of Owner lease print): ' - •Name(s)`of previous owner: G l' .h CB A&s YQ a rl 6 :r(if applicable) ' Mailing Address: a Phone Number: Property Location: A04jo M m (..� ��:�� �L.I List type,size,and use of each agricultural structure proposed: *Attach location man (survey, tax-map, or'sketch plan) showing placement area of agricultural structure(s), distance from property boundary lines,and any readily available information relating to your request: ` YbU may talk with the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any of the regularmeetings of the Land Preservation Committee. App'icant Date Please return the completed form with attachments to: Town of Southold-Land Preservation Department *All attachments must be signed and dated by property owner.• OCT 2 7 2015 DE L OF LAND PRESERVATION 2006 Suffolk County Tax Map ' -LME MAIN _ A.A� Z SUFFOLK CODUTT ;6PLc. ,sT •• n, PATER AUT1nRRI 3 • r4 �8 '1APd s a2,000 7.1 SOA R " �9 q5 21.3A STATE OF NEW YORK s• I , FOR PCL.NO. WWII'' Tu / 7.49, SEC " S(>,•2 +" SEE SEC.NO.0. 1 yl 1.4 23.1 019-01-001.4 I 29.5A �•4 22.1TOWN OF 21.7 souTH010 3.1 2.3A(c) IOEVELOPUERT R01TS1 '-- 2.1 �y0• Y 21.6 -•�� 1.7A Si + 20 .7 1.7A(c) °� .- 21.9 O' 1.5AIc) - s, 1.3 S.OA 21.10 28 19.3 4.OA 27.7AIc1 STATE OF 19.4 •Cl�( Er TOPK ti'• .i M1 k L� 17.3 26.7A(c) u STATE OF / NEW TORK / ,p 17.2 16.1A(c) 16.2 TL a a 3.3A(c) - yY 4 STATE OF NEW YORK 1• 14.0 3.9A(c) r,.,e} o --�• I - 14.9 62.3A(c) 1 OF SOUTHOLD } \ n A, ELOPIlEIIt N1G1R51 V \ ti O I 27 } 2.1A 1 FOR PCL 1n SEE g ff, 02T-02-00702-OUT H 118 400 LLE MATCH w SEE SEC.N0.021 ` a } COUNTY f1G C111:rn) v - IAATCH -� i T ` SEE 5 � 1 P'rwt,a P,lcr xGG acn lct IS '1- Fb:.tt_.t ��'�� •,,a Ja rrl Il.r -- r� 2 0 1 0 U S E R E V I E W R E Q U E S T 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 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 15, 2010 Maureen Cullinane P.O. Box 35 Orient, NY 11957 RE: SCTM # 1000-19.-1-1.4 CULLINANE Property Request for Land Preservation Committee Review of proposed poultry house, covered run, and fenced pasture on property on which Town owns a development rights easement Dear Maureen: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code, reviewed your formal request via e-mail and at a Land Preservation Committee meeting held on September 14, 2010, for a poultry house, chicken run, and fenced pasture to be located upon land on which the Town owns a development rights easement. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5-C. (2) [3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee is approving the use you requested, as listed and clarified below, to be allowed within the development rights easement area. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. Erection of a 12'x60' poultry house, 48'x48' covered run, and 525'x275' fenced pasture to be located where indicated as sketched on the attached survey of your property. · Said structure is to be used for housing poultry. Please note that the Committee's approval of the uses within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions reg~lin~ the above. Sin~ Land Preservation Coordinator encs: sketch on survey cc: Planning Department wi sketch on survey Building Department w/sketch on survey x. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR m~lissa, spiro~towa.southold.ny.us Telephone (631) 765-5711 Facsim e(6311 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southola, N~w York MAILING ADDRESS: P.O. Box 1179 Southold. Ny 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD .REQUEST for Aericultural Structure Placement on PDR Land I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about (date). NameofOwner(pleaseprintl .~_~ ~-~'--O L'-~ OL~I O 1°c'110/-~ Name(s)'of previous owner: (if applicable} Mailing Address: Phone Number: Property Location: List type, size, and use of each agricultural structure proposed: *Attach I --ation ma-: (survey, tax map, or sketch plan) showing placement area of agricultural structure(s), distance from property boundary lines, and an~ readily available information relating to your request. You may talk with the Coordinator at (631)765-571L to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. Please return the completed form with attachments to: Town of Southold ~ Land Preservation Department *All attachments must be signed and dated by property owner. llaaM.d ov,,t d DEPI', OF LAND PRESERYATIO~ A E R I A L S S U R V E Y TEST 2 (- <,...... x::, SP I / / / \ \ V tEE Y HAP SCALE: SURVEY "=600 ~xI FOR MA UREEN CULLINANE A T ORIENT ' _ TOWN OF SO UTHOLD ~-~%o_.~ ~, - -- --.~_ SUFFOLK COUNTY , N Y. 1000-19-01-1.2 100 0 100 BOO 200 \ \ V Scate~ 1' = JO0' March 25, 2002 Morch ;~9, 200~ (revisions) FINAL SURVEY CERTIFIED TO: i~AUREEN EULL INANE EXCEL ~BSTeACT, INC TITLE # £3~8 EX S CE]NN~N~IEAI TH LAND TITLE INSURANCE E~FIPANY THE TOWN Of SOUTHOLD TOTAL .,tLP.~A=34.5527 ACR~.,S N[JTE HAP N~I 36103C0068 13 HAY 4 I998 ANY AL T£RAI]ON EIP ADDITLON ID THIS <:LIRVE¥ ES A V'IDLAT!ON [3F 5~ECTZDN"7~09 ~F THE NE'~ YDR'K FTAIE ~DUCAT~DN LA~, EXCEPT AS PER SECTIDN 700':] SL/BDfV'ISIBN ~, At.L L~ERTIFiCATIDNS HERE~N ARE VALID FDP THI~ HAP 4ND C~PZES THEREDF BNLY [F gAiB N~P DR COPIES BEAR FHE IHPRESSED SEAL DF THE ~ZLIRVEYD~ WHB~E S]SNA TURE APPEARS HE ~'ENN. TOPI~GRAPH[CAL (516) 1£30 TRAVELER ~SLITHDLD, N,Y, ',S, tiC, ND. 49618 STREET 11971 0-23 'i