HomeMy WebLinkAboutFlower Hill Building Corp
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1000-69-3-10.8
(f/k/a 1000-69-3-p/o 10.1)
Baseline Documentation
Premises:
50275 Ackerly Pond Lane
Southold, N ew York
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22.2328 acres
Development Rights Easement
FLOWER HILL BUILDING
CORPORATION
to
TOWN OF SOUTHOLD
Deed dated November 2, 2006
Recorded November 14, 2006
Suffolk County Clerk - Liber D00012478, Page 219
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. SCTM #: 1000-69-3-10.8
(f/k/a 1000-69-3-p/o 10.1)
Premises: 50275 Ackerly Pond Lane
Hamlet: Southold
Purchase Price: $620,487.00
(17.7282 buildable acres @
$35,000/acre)
Funding: Community Preservation
Funds (2% land bank)
CPF Project Plan: Yes
Total Parcel Acreage: 27.1260 acres
Conservation Subdivision: Beach Plum Homes at
. South old
Lot #1 = 23.9126 acres
Lot #2 = 31,000 acres
Lot #3 = 32,800 acres
Lot #4 = 33,712 acres
Lot #5 = 30,916 acres
Development Rights: 22.2328 easement acres
(Lot #1 includes 4.397 acres cluster
opeu space, 1.5 acre buildiug
envelope, 0.0082 acre wetland and
0.0994 acre water line easement
excluded from purchase price)
Reserved Area: 1.5 acres
Zoned: A-C and RO
Existing Improvements: In September 2006 - none
. on easement
VALUATION OF SUBJECT
PROPERTY DESCRIPTION
LEGAL
The appraised property is legally identified for tax purposes on the Suffolk County Tax Map
as being in District 1000, Section 69, Block 3, Lot 10.1 (part of).
LAND
The appraised parcel is situated on the easterly side of Ackerly Pond Road, and the northerly
side of Main Road. It has an irregular configuration, with approximately 1,295:<:: feet of paved road
frontage along Ackerly Pond Road, and 275:t feet of paved road frontage on Main Road. The
appraised land area is 22.4 acres, which is part of proposed Lot # I containing 23.9 acres. Lot # I
is part of a proposed 5-lot Conservation Subdivision, and the subject represents a Development
Rights Easement (open space). The land size is taken from the proposed Conservation Cluster
Subdivision Plan dated June 2000, with revisions to March 2005, and prepared by Peconic
Surveyors, P.e.
Ackerly Pond Road and Main Road arc both two lane, macadam paved, publicly maintained
roadways. There are no street improvements along Ackerly Pond Road. There are sidewalks,
curbs, and street lighting along Main Road.
The land has generally level topography, at or near road grade. The majority of the road
frontage, along both Ackerly Pond Road and Main Road is treed. However, the bulk of the land
appears to be essentially fallow farmland.
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PROPERTY DESCRIPTION (CONTINUED)
LAND (CONTINUED
Public utilities available to the parcel include electric, water, and telephone. However,
application would have to bc made for public water hookup. Water could also be provided via
private, on-site well, which is common in this area. Domestic wastc is by private on-site septic
system, as there are no scwers.
In summary, the appraised parcel has an irregular shape, and contains a land area of 22.4
acres, of which is mostly fallow farmland, with the portions fronting on both roadways treed. The
appraised parcel has extensive paved road frontage with access.
IMPROVEMENTS
The appraised property is vacant land.
B. PRESENT USE AND OCCUPANCY
The appraised property is vacant, fallow farmland.
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SUBJECT PHOTOGRAPHS
LOOKING EAST AT SUBJECT FROM ACKERLY POND RD.
SOUTHERL Y VIEW SHOWING SUBJECTS ACKERLY POND RD. FRONTAGE
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SUBJECT PHOTOGRAPHS
NORTHERLY VIEW ALONG SUBJECTS ACKERLY POND RD. FRONTAGE
SUBJECTS NUUN ROAD FRONTAGE
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Phase I
Environmental Site Assessment
Ackerly Pond Lane Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate and the Target
Protocol) on the subject property based on the four (4) basic components of a Full Phase I
Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and
evaluation and reporting.
The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New
York. The overall property is a 27.2-acre parcel of vacant, vegetated land. This report addresses
approximately 24 acres of the property. The subject property is located on the east side of
Ackerly Pond Lane and extends eastward to Main Street where the property is identified as
50275 Main Road. The irregularly-shaped property has approximately 1,236 feet of frontage
along Ackerly Pond Lane and 275 feet of frontage along Main Road. The property is more
particularly described as Suffolk County Tax Map # 1000-69-3-10.1.
The subject property is comprised of an abandoned, overgrown orchard. Several rows of planted
trees were observed on the property. Debris including concrete rubble, a discarded mattress and
a small bag of household garbage were observed on the western portion of the property adjacent
to Ackerly Pond Lane. Off road vehicle trails were observed on the western portion of the
property. A small depression and trails, apparently created by off road vehicles, were also
observed on the western portion of the property. Several crudely constructed barriers used for
paint ball games were observed on the western portion of the property. Spent paint ball
cartridges were noted in the vicinity of the barriers. No odors, staining or stressed vegetation
were observed on the property.
No Sanborn map coverage was available for the subject property or nearby area. Aerial
photographs from 1955, 1966. 1978, 1984 and 1996 were reviewed in order to determine if any
prior uses occupied the subject property. The 1938 aerial photograph identified the subject
property as farmland. The property appeared to have been converted to an orchard between 1938
and 1984. Fanning activities appeared to have ceased in the 1990s but the orchard trees
remained. Succession was evident in the 2001 and 2004 aerial photographs.
An extensive government records search found no potential sources of environmental
degradation on the subject property. No Federal or County, and several State documented
regulated sites were noted in the vicinity of the subject property. Two (2) active and two (2)
LUST incidents as well as six (6) closed spill incidents were noted within one half (0.5) mile of
the subject property. No CLEARS study sites were identified in proximity to the site.
. PaIr
NELSON. POPE S. VOORHIS, LLC
ENVIRONMENTAL. PLANN1NG . CONSULTING
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Ackerly Pond Lane Property, Southold
Phase I ESA
In conclusion, this assessment has revealed no evidence of a potential recognized environmental
however, the following recommendations are issued:
INM;
I. Debris observed on the property should be removed and properly disposed of.
2. If the property is to be residentially developed in the future, soil samples should be
collected and analyzed for the presence of pesticides and metals.
NELSON, POPE &. VDORHIS. LLC
ENVIRONMENTAL . PLANNING . CONSULTING
Page 2 of24
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CHARLES R. CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, NY 11901
Mailing Address:
PO Box 1547
Riverhead, NY 1190 I
Tel: (631) 369-8200
Fax: (63]) 369-9080
e-mail: charles.cuddvrmverizon.net
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September 5, 2006
Lisa C. Kombrink, Esq., P.C.
235 Hampton Road
Southampton, NY 11968
Re: Flower Hill Building Corp. to Town of South old
Sale of Development Rights, Portion of SCTM#lOO-39-3-10.1
Dear Ms. Kombrink:
This is to confirm that the debris from the above site was removed. Enclosed is,;:m Affidavit and
receipt from the Town Dump for that removal pursuant to the executive summary from the Phase
1 Environmental Assessment prepared by Nelson & Pope.
.
Please advise when you are available for the closing.
Very truly yours,
CRC:ik
Enclosures
cc. Melissa Spiro, Land Preservation Coordinator
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Charles R. Cuddy ~
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PRESERVATION
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AFFIDAVIT OF WORK PERFORMED
I, Lambert Wright acknowledge that on the21 day of ~lJ<.b12006
r removed debris from the parcel owned by Flower Hill Building on Ackerly
Pond Lane in Southold (Tax Map # 473889 69.-3-10.1).
Among the debris removed was household trash, a discarded mattress,
and some concrete rubble along the western side of the property.
Attached is a copy of my bill for work performed.
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Lambert Wright
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Ackerly Pond Lane Property, Southold
Phase I ESA
FIGURE 1
LOCATION MAP
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Ackerly Pood Laoe Property, Southold
Phase I ESA
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Phase I ESA
FIGURE 4
ZONING MAP
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Ackerly Pond Lane Property, Soothold
Phase I ESA
FIGURE 5
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FIGURE 6
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FIGURE 8
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ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
POBox 1179
Southo1d, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION # 2005-669
Resolution ID: 1248
Meeting:
Department:
Category:
10/25/0507:30 PM
Land Preservation
Misc. Public Hearing
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-669 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 25,
2005:
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community
Preservation Fund) ofthe Town Code, the Town Board of the Town of South old hereby sets Tuesdav.
November 22. 2005. at 8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time
and place for a public hearinl! for the purchase of a development ril!hts easement on a portion of the
property owned bv Flower Hill Buildinl! Corp. Said property is identified as SCTM #1000-69.-3-10.1. The
address is 50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly side of Ackerly Pond
Lane, approximately 934 feet northerly from the intersection of Route 25 and Ackerly Pond Lane (alk/a Bowery
Lane) in Southold. The proposed acquisition is for approximately 22.23 acres (subject to survey) ofthe
approximately 27.1260 acre parcel now before the Town Planning Department as a proposed conservation
subdivision.
The purchase price is $35,000 (thirty-five thousand dollars) per buildable acre. The exact area of the purchase is
subject to a Town provided survey acceptable to the Land Preservation Committee.
The property is listed on the Town's Community Preservation Project Plan as property that should be preserved
due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is
on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York,
and may be examined by any interested person during business hours.
I't~Q?:;k""Ii..
Elizabeth A. Neville
South old Town Clerk
~
.
LEGAL NOTICE
NOTICE OF PUBUC HEMUNG
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands)
and Chapter 6 (2% Community Preservation Fund) ofthe Town Code, the Town
Board of the Town of South old hereby sets Tuesdav. November 22.2005. at
8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as
the time and place for a public hearin!! for the purchase of a development
ri!!hts easement on a portion of the property owned bv Flower Hill BuUdin!!
Corp, Said property is identified as SCTM #1000-69.-3-10.1. The address is
50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly
.1 side of Ackerly Pond Lane, approximately 934 feet northerly from the intersection
.1 of Route 25 and Ackerly Pond Lane (alk/a Bowery Lane) in Southold. The
. proposed acquisition is for approximately 22.23 acres (subject to survey) of the
approximately 27.1260 acre parcel now before the Town Planning Department as
a proposed conservation subdivision.
The purchase price is $35,000 (thirty-five thousand dollars) per buildable acre.
The exact area of the purchase is subject to a Town provided survey acceptable to
the Land Preservation Committee.
.
The property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold
Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined
by any interested person during business hours.
Dated: October 25, 2005
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON November 3, 2005, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUfHOLD, NY 11971.
Copies to the following:
.
The Traveler Watchman
Planning
Building
Town Clerk's Bulletin Board
Town Board Members
Town Attorney
Zoning Board of Appeals
.
SOUTHOLD TOWN BOARD
PUBLIC HEARING
NOVEMBER 22, 2005
8:00 PM
THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON A
PORTION OF THE PROPERTY OWNED BY FLOWER HILL BUILDING
CORPORATION
.
TOWN ATTORNEY FINNEGAN: RESOLVED that pursuant to the provisions of
Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of
the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,
November 22, 2005, at 8:00 p.m., Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public heariDl! for the purchase of a
development rights easement on a portion of the property owned by Flower Hill
Building Corp, Said property is identified as SCTM #1000-69.-3-10.1. The address is
50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly side of
Ackerly Pond Lane, approximately 934 feet northerly from the intersection of Route 25
and Ackerly Pond Lane (a/kla Bowery Lane) in Southold. The proposed acquisition is for
approximately 22.23 acres (subject to survey) of the approximately 27.1260 acre parcel
now before the Town Planning Department as a proposed conservation subdivision.
The purchase price is $35,000 (thirty-five thousand dollars) per buildable acre. The exact
area of the purchase is subject to a Town provided survey acceptable to the Land
Preservation Committee.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
This notice was dated October 25,2005 by order of the Town Board and it was published
on November 3rd in the Traveler-Watchman, prior to the switch. It was published in the
Suffolk Times, as well. And there is no other correspondence in the file.
SUPERVISOR HORTON: Thank you very much, Mrs. Finnegan. Melissa, would you
care to address the Board? Thank you.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land
Preservation Coordinator. I have an aerial up front showing the property. It fronts on
Ackerly Pond and Main Road, there is a little bit of frontage on Main Road. It is a
development rights easement that we are purchasing on just over 22 acres. The
landowner is before the Planning Board for a conservation subdivision. The conservation
. subdivision includes five lots. Four of the lots are to be accessed on Blossom Lane,
.
which is a tap road off Jasmine Lane in Southold Villas. The fifth lot is building
envelope of approximately 1.5 acres, it is located on the same lot, on which we will be
purchasing the development rights of 22 acres. The fifth lot has driveway access over to
Ackerly Pond Lane. The subdivision is designed as a cluster subdivision and the Town's
purchase price will not include payment for the approximatley four acres of the
subdivision open space from the clustered lots. The property contains old orchard and it
is hoped that the agricultural use will be revitalized on this property as the majority of the
property contains soil suitable to farming. We are hoping that once the development
rights are purchased that farming will be reinstated there. The Land Preservation
Committee has negotiated a purchase price of $35,000 per buildable acre, which the
landowner has accepted. The Committee recommends that the Town Board proceed with
the purchase of this development rights easement on the property and so do 1. If you
have any questions? Thanks.
SUPERVISOR HORTON: No, thank you. Actually, we discussed it at length at work
session. You did a great job conveying the committee's sentiment. Does anybody care
to address the Board on this particular public hearing? (No response) We will close this
hearing.
*
*
*
*
*
.
Elizabeth A. Neville
Southold Town Clerk
.
.
S
E
Q
R
A
.
R
E
S
o
L
U
T
I
o
N
.
ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
.
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION # 2005-737
Resolution In: 1289
Meeting:
Department:
Category:
11/22/0507:30 PM
Land Preservation
Seqra
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-737 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER
22, 2005:
.
WHEREAS, the Town Board of the Town of South old wishes to purchase a development rights easement on
part of a certain parcel of property of agricultural lands owned by Flower Hill Building Corp. pursuant to the
provisions of Chapter 6 and Chapter 25 of the Code ofthe Town of South old. Said property is identified as
SCTM #1000-69.-3-10.1 and 50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly
side of Ackerly Pond Lane (alk/a Bowery Lane) in Southold. The development rights easement comprises
approximately 22.23 acres of the 27.1260 acre property. The exact area of the development rights easement is
subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price is
$35,000 (thirty-five thousand dollars) per buildable acre. The property is listed on the Town's Community
Preservation Project Plan as property that should be preserved due to its agricultural value; be it therefore,
RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action
pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved
agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this
project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of South old hereby finds no significant impact on the
. environment and declares a negative declaration pursuant to SEQRA Rnles and Regnlations for this
action.
P~Cl."QefXl/.'
Elizabeth A. Neville
South old TowlI Clerk
.
.
.
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNUSTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2
1. APPUCANT /SPONSOR: Southold Town Board
3. PROJECT LOCATION:
Municipality: .~. . 1:> --r;
2. PROJECT NAME: U'C
County: Sul'F l..
4. PRECISE LOCATION: (street address and road Intersections, prominent landmarks, etc, or provide map)
~M.... lObo - ~1.'~ IDol
5'O:l7S 1'1,10:,,'" ,.00)~ LQ'I\C. I
E4rtft'" 'itlt. Ao'\(u"f l'Ol\l L.tI1\e) "!'fl'Ol. '111\ "olt\f'I., '10'" ~<! \~r~~." ,J lbut< Z& ...
I\. ~ l. .
5. IS PROPOSED ACTION:
~ New 0 Expansion 0 Modification
6. DESCRIBE PROJECT BRIEFLY: .... ./'
1(;..." 'fut"C-~ w.. t:tC. o.e~t.\e1"~ <("~'E>""'~ e..~e 11\~ 0'" 2:2.,Z.~ - qCfI$ -- :).7,12.'
"'L't' "i'10 ,., ""/.
7. AMOUNT OF LAND ~FECTED: ....
INlTALLY 22..2.3 acres ULTIMATELY 22. .2.!> - acres
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8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR DTHER EXISTING LAND USE RESTRICTlONS?
l'fjt Yes 0 No if No, describe briefly
~~~._~~.~
I ~.,DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
~ Yes n No ;( yes, list agency(s) and perm;t;approvals \
! ~~f"".&. ~l>I"I\~'<:>,,""E>oc.~,,\ ~l"(.A-..t\. "'2.2.\05.
In. AS RESULT OF ;ROPOSED ACTlON WILL EXISTING PERMIT/APPROVAL RE~~;RE MOD~~CATIO~;-~-~--~._'-
ir d
1 Yes I~ No
r--~~~_.~-_._-
II CERTIFY THAT THE INFORMATION PR
i "~J"~" S'p'
i Applicant/sponsor Name: /lilt.. '
: /h1 / .
i Signature~
VIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
o
, .l...&.""i'P('S~Date:-'-'(''i/''5
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--" --- c__#L~~_c_~_~__. '___~~_~nC"'_'C.~.~__n ___...._c____c ___~_..._..
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before
proceeding with this assessment
.
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PART U-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOESAC110N EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41
o vesF:;. No If yes coordinate the ff'vlew process and use the full EAF
B. WILL AC110N RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED AC110NS IN 6 NYCRR, PART 617.61
D yesr'lf No If no, a negative declaration may be suspended by another Involved agency
C. COULD AC110N RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING:
(Answers may be handwritten, If legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or
disposal, potential for erosion, drainage or flooding problem? Explain briefly: tJ 0
C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character?
Explain briefly: N 0
C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
lVo
C4. A community's existing plans or goals as officially adopted, or change in use or Intensity of use of land or other natural resources?
Explain ~s~y:
CS. Gro~~ubSeqUent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. LOngr::Jn;, short tenTI, cumulative, or other effects not identified in Cl~CS? Explain briefly:
G. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A
CEA?
D 1)4
Yes" No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
r fj4
Yes No
PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUcrIONS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should
be assessed in connection with its (a) setting (Le. urban or rural); probability of occuning; (c) duration; (dO irreversibility; (e) geographic scope;
and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show
that all relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and
significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
[]
Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then
proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary, the reasons supporting this determination: -::>
~t"'U.&Lh ~.....\'" t::>CAr1t..\)
Name of Loan Agency
t~..
I)l'
SO"~PlJ\S.OR...
Title 0; ResR sible 9fficer J
l~ from of responsible officer)~.
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ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
PO Box 1179
Southo1d, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southo1dtown.northfork.net
.
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION # 2005-738
Resolution ID: 1290
Meeting:
Department:
Category:
11/22/0507:30 PM
Land Preservation
Contracts, Lease & Agreements
/
/
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-738 OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER
22, 2005:
WHEREAS, the Town Board of the Town of South old held a public hearing on the question of the purchase of
a development rights easement on the property owned by Flower Hill Building Corp. on the 22nd day of
November, 2005, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (2%
Community Preservation Fund) of the Town Code, at which time all interested parties were given the
opportunity to be heard; and
. WHEREAS, said property is identified as SCTM #1000-69.-3-10.1 and 50275 Ackerly Pond Lane, Southold,
New York, and is located on the easterly side of Ackerly Pond Lane approximately 934 feet northerly of the
intersection of Route 25 and Ackerly Pond Lane (alkia Bowery Lane) in Southold; and
WHEREAS, the majority ofthe property is located within the Agricultural-Conservation (A-C) Zoning District
and 1.3 acres is located within the Residential Office (RO) Zoning District; and
WHEREAS, the development rights easement comprises approximately 22.23 acres of the 27.1260 acre
property. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee; and
WHEREAS, the landowner has applied to the Planning Board for a clustered Conservation Subdivision, known
as Beach Plum Homes, which includes four (4) residential lots ranging in size fro 30,916 sq. ft. to 33,712 sq. ft.
and a fifth lot which is to include a residential building envelope of 1.5 acres and the approximate 22.23 acres
on which the Town will be purchasing the devclopment rights easement; and
.
. WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should
be preserved due to its agricultural value; and
WHEREAS, the property is in the vicinity of other farms on which either the Town or the County have
purchased the development rights; and
WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of
Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town
Code, and
WHEREAS, the purchase price is $35,000 (thirty-five thousand dollars) per buildable acre; and
WHEREAS, due to the intended agricultural use of the property, sanitary flow credits are not available and will
not be transferred from this property; and
.
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the
development rights on these agricultural lands, be it therefore
RESOLVED that the Town Board of the Town of South old hereby elects to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by Flower Hill Building
Com, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Sonthold. Said
property is identified as SCTM #1000-69.-3-10.1 and 50275 Ackerly Pond Lane, Southo1d, New York, and is
located on the easterly side of Ackerly Pond Lane approximately 934 feet northerly of the intersection of Route
25 and Ackerly Pond Lane (a/k/a Bowery Lane) in Southold. The development rights easement comprises
approximately 22.23 acres of the 27.1260 acre property. The exact area of the development rights easement is
subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price if
$35,000 (thirty-five thousand dollars) per buildable acre. The property is listed on the Town's Community
Preservation Project Plan as property that should be preserved due to its agricultural value.
.
P~Q:Q..JtI~
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
FLOWER HILL BUILDING CORP.
to TOWN OF SOUTHOLD
Total Development Rights Easement - 22.2328 acres
(includes 4.397 acres cluster open space, 0.0082 acre wetlands,
and 0.0994 water line easement)
Premises: 50275 Ackerly Pond Lane, Southold
SCTM #1000-69-3-p/o 10.1
Closing took place on Thursday, November 2,2006
at 11 :00 a.m., South old Town Hall Annex
Purchase Price of $ 620,487.00 (based upon 17.7282 buildable acres @
$35,000/buildable acre) disbursed as follows:
Payable to Flower Hill Building Corp.
Check #88316 (11/2/06)
$ 620,487.00
.
Expenses of Closing:
Appraisal
Payable to Carol S. Sweeney, MAl
Check #82391 (7/19/05)
$ 1,500.00
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
Check #86459 (6/6/06)
$ 1,300.00
Title Report
$ 2,831.00
Payable to Stewart Title Insurance Company
Check #88317 (11/2/06)
Fee insurance
Recording/certified deed
$2551.00
$ 280.00
Title Closer Attendance Fee
$
100.00
.
Payable to Patricia Fallon
Check #88515 (11/2/06)
.
Those present at Closing:
John P. Sepenoski
Lisa Clare Kombrink, Esq.
Christian Uhl
Thomas Uhl
Charles R. Cuddy, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
.
.
Southold Town Deputy Supervisor
Attorney for Town of Southold
President, Flower Hill Building Corp.
Vice President, Flower Hill Building Corp.
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
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TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD,NEWYORK1197l-0959 CLOSING 11/2 088316
NO.
'\
50-546
214
"."':
<..- - .:)
')"
'SIX
ll-lE SUFFOLK COUNTY NAlIONAl.BANi<
CUTCHOOUE,NVt1935
DATE
CHECK NO,
AMOUNT
1.i/02/?006 88}16 $620,487.00
;IiUNDRED ']i'WEN'l'y:THOUSAND FOUR IiUNIJREDEIGHTY" SEVEN AND 00/100 DOLLARS
PAY TO
T,HE
ORDER
OF
FLOWER HILL BUILDING CORP
353 SPLIT ROCK ROAD
SYOSSET NY 11791
M>~(;)~'
\".,
./
11'0883 UolI' 1:0 2 ~I,O Sl,bl,l:
b 3 000001, Oil'
VENDOR 006438 FLOWER HILT, BUILDING CORP
,r
11/07./7.00h
rHRrK
RRllh
'\
FUND S. J'.C:COUJ>JT
P.O. # IU"'OI CIJ
DIJOCRIP'fIOH
Aj.l0UlJ'f
H3 .8660.2.600.100
TBR738 110206
DEV RTS-22.23 ACR 620,487.00
TOTAL
620,487.00
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TOWN OF SOUTHOLD . SOUTH OLD, NY 11971,0959
CAROL S. SWEENEY, MAl
127 Swan Lake Drive
Patchogue, New York 11772
Phone and Fax (631) 654-0030
.
July 8, 2005
Ivls. Melissa A. Spiro, Land Preservation Coordinator
Town of Southold Land Preservation Committee
53095 Main Road
Southold, NY 11971
RE: Fee for Appraisal Services - Valuation of Development Rights
Flower Hill Building Corp.
S.C.T.M #1000 - 69 - 3 - lO.l (Part Of)
>i.
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Complete Appraisal of the Development
Rights on 22.4 Acres of Vacant Land
located at 50275 Ackerly Pond Road
Southold, NY ...................................................... $1,5(J(J.(J(J
GLI08S 20
View 1
Vendor.. 019840
Y=Select
JE Date Trx.Date Fund Account
----------------------------- Begl
TOWN OF SOUTHOLD
** Actual Hi
SWEENEY, MAl/CAROL
. .
.Y.
9/23/2003
12/02/2003
4/20/2004
8/10/2004
7/19/2005
4/25/2006
8/08/2006
.600
.600
.600
.600
.600
.600
.600
9/23/2003 H3
12/02/2003 H3
4/20/2004 H3
8/10/2004 H3
7/19/2005 H3
4/25/2006 H3
8/08/2006 H3
.
-------------------------------- E
F2=Shift Up F3=Exit FIO=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
............. .Detail--GL100N..............
W-07192005-318 Line: 442 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 7/19/2005 SDT 7/20/05
Trx Amount... 1,500.00
Description.. APPRAISAL-FLOWER HILL BD
Vendor Code.. 019840
Vendor Name.. SWEENEY, MAl/CAROL S.
Alt Vnd..
CHECK........ 82391 SCNB
Invoice Code. 070805
VOUCHER..... .
P.O. Code.... 13913
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 7/19/2005
Date Cleared. 7/31/2005
F3=Exit F12=Cancel
. .
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Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville ~y i 1747 Fax: 631-427-5620
.
Property: 01256 Project: V A02053
50275 Ackerly Pond Lane
Manager: McGinn, Steven
Invoice
To:
Town of South old Dept of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southo1d NY 11971
Attention: Melanie Doroski
Invoice #:
4070
May 30, 2006
Invoice Date:
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS
$1,300.00
Invoice Amount
Contract Item #1: Prepare Phase 1 Environmental Site Assessment
Work Performed thru 3/3/06
.
Contract Amount:
Percent Complete:
Fee Earned:
Prior Fcc Billings:
$1,300.00
100.00%
$1,300.00
$0.00
Current Fee Total:
pt,
$1,300.00
$1,300.00
*** Total Project Invoice Amount
TOWN OF SOUTHOLD
** Actual Hi
NELSON, POPE & VOOR
GLID8S 20
View 1
Vendor.. 014161
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
5/10/2005 5/10/2005 H3 .600
7/05/2005 7/05/2005 H3 .600
7/05/2005 7/05/2005 H3 .600
8/02/2005 8/02/2005 H3 .600
9/27/2005 9/27/2005 B .600
9/27/2005 9/27/2005 B .600
10/11/2005 10/11/2005 H3 .600
12/20/2005 12/20/2005 B .600
1/03/2006 1/03/2006 H3 .600
4/11/2006 4/11/2006 B .600
4/11/2006 4/11/2006 B .600
5/09/2006 5/09/2006 H3 .600
Y 6/06/2006 6/06/2006 H3 .600
..6/20/2006 6/20/2006 H3 .600
.. 6/20/2006 6/20/2006 H3 .600
------------------------- Use Acti
F2=Shift Up F3=Exit FI0=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
............. .Detail--GL100N..............
W-06062006-963 Line: 194 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 6/06/2006 SDT 6/02/06
Trx Amount... 1,300.00
Description.. FLOWER HILL-PHASE 1 ESA
Vendor Code.. 014161
Vendor Name.. NELSON, POPE & VOORHIS,
Alt Vnd..
CHECK........ 86459
Invoice Code. 4070
VOUCHER..... .
P.O. Code. ... 15189
Project Code.
Final Payment F
Type of 1099. M
Fixed Asset.. Y
Date Released 6/06/2006
Date Cleared. 6/30/2006
F3=Exit F12=Cancel
SCNB
Liquid.
BOX. 07
Addl.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
185 Old Country Road, P. O. Box 419, Riverhead, New York 11901
631-727-7760 fax 631-727-7818
We No. f..J/ob3()S014 Date IIM/fJb
FEE INSURANCE COVERAGE tr;~.3, '1(P(p, ab PREMIUM $ ;J.SS-I d!J
FAIR MARKET VALUE RIDER (OPTIONAL) PREMIIJM
MORTGAGE INSURANCE COVERAGE PREMIIJM
ENDORSEMENTS: Environmental
Waiver of Arbitration
Residential
Adjustable Rate Rider
NEW YORK STATE TRANSFERlMANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mortgagor)
COMMUNITY PRESERVATION FUN))
SURVEY INSPECf)ON
DEPARTMENT AI, SEARCHES
STREET REPORT
ESCROW DEPOSIT
ESCROW DEPOSIT FEE
BANKRUPTCV SEARCH
RECORDING FEES,
( ) DEED(S)
( ) SATlS:FACfION(S)
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDA VIT(S)
( ) ASh:GNMENT(S) _
(;) L A}!"-/ aU -).Ili' (/ WJ~" _ ,I '{/,.' J-,I.-j- f'JIA 1';1,;'./ f1,r,J, n ,;'''?I?, tTO
I if j f (/ (/
TOTAL CHARm:s ! eX Y,l d7J
. .. - .......
CLOS.:R CHARGES, IF ANY, PICK-UP .'EE
OTHER,
PATRICIA L. FALWN
TITLE CWSER
r.
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD,NEWYORK11971-0959 CLOSING 11/2 088317
NO.
"
50.546
214
";",< ,':
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. ,jrwo
THE SUFFOLK COUNTY NATIONAL BANK
CUTCHOGUE, NY j1935
DATE
CHECK NO.
AMOUNT
11/02/2006 88317
'tBOL.\SlUJI;l EJGfjT HUNDRED TfjIRTY ONE AND 00/100 DOLLARS
$2,831.00
.'; PAYTO
THE
, ORDER
. OF
LANDAMERICA*COMMONWEALTH
185 OLD COUNTRY ROAD
PO BOX 419
RIVERHEAD NY 11901
~4~
M>__
\...
./
11'088:11. 711' 1:021.1,051,1::,1,1:
1::,:1 000001, Oil'
VENDOR 003350 LANDAMERICA*COMMONWEALTH
r
11/02/2006
CHECK
8R117
'\
YUND & .~.cCmJNT
P. ~. tt Ilr!c:rCE
DECCRIrTlon
lJl0utJ'I'
H3 .8660.2.600.100
H3 .8660.2.600.100
15190 RH06305074
15190 RH06305074
TITLE POLICY-FLOWER 2,551.00
REC/CERT DEED-FLOWER 280.00
TOTAL
2,831.00
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TOWN OF SOUTHOLD . SOUTHULlJ, NY j i971-0959
r .
~""""'~ TOWN OF SOUTHOLD
(((I~ 53095 MAIN ROAD
'~/I SOUTHOLD, NEW YORK 11971-0959
.-
ONE HUNDRED AND 00/100 DOLLARS
PAY TO
THE
OROER
OF
"-
DATE
11/02/2006
PATRICIA FALLON
40 WHITE OAK LANE
SOUTHAMPTON NY 11968
1I'088l~511' 1:02~l,05l,bl,l:
"
50.S-16
214
CLOSING 11/2 088315
NO.
THE SUFFOLK COUNTY NATiONAL BANK
CUTCHOGUE, NY 11935
CHECK NO,
AMOUNT
88315
$100.00
~4~
M'__
b l 00000 l, Oil'
./
VENDOR 006013 PATRICIA FAT,T.ON
"
11 /o? I?oor;
"'\
FUlJD S. .'.CCOUNT
r.o." IUVOIce
H3 .8660.2.600.100
.
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RH06305074
rHRrK
RR11 t;
DLOCRII"PIOlJ
Af10UtJ'J'
TITLE CLOSER-FLOWER H 100.00
TOTAL
100.00
./
TOWN OF SOUTHOLD. SOUTHOLD, NY 11971.0959
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111111I11111 111111111I111111111111111 111111111111111111
11111I1111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 15
Receipt Number : 06-0109602
TRANSFER TAX NUMBER: 06-12580
Recorded:
At:
11/14/2006
10:01:03 AM
LIBER:
PAGE:
000012478
219
District:
1000
Section:
069.00
EXAMINED AND
$620,487.00
Block:
03.00
CHARGED AS
Lot:
010.008
.ed Amount:
FOLLOWS
Received the Following Fees For
Page/Filing
COE
TP-584
Cert.Copies
SCTM
Comm.Pres
$45.00
$5.00
$5.00
$9.75
$0.00
$0.00
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Transfer tax
NO
$5.00
$15.00
$0.00
$30.00
$0.00
Exempt
NO
NO
NO
NO
NO
Fees Paid
$114.75
TRANSFER TAX NUMBER: 06-12580
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
.
fIOl f(C; - [E ~ ~7 IT; Ir~ I
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U ULDtC sl:J
DlP) OF lAND
~......_.-.-
r;r[~.;-P\';\T::iN
.' ---',.,', .-. ""-'-, .'_"._. ___c, _ _,.._,_~._,._~
11 21
.
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Number of pages
TORRENS
Serial #
Certifit:ule #
Prior Ctf. #
RECORr'EO __
~"006 Ho'"' 14 10:01:U'::~ ri\'1
~ JIJdi th 1=1. p.35c-:ol>::,
CLEF~r< OF
':::IIFFOU< COUNTV
- - L C<O001247:3
P 21'3
D T #- 06-125:::0
Deed. Mortgage Instrument
Deed I Mortgage Tax Stamp
Recording I Filing Stamps
~
FEES
Page / Filing Fec
Handling
5~
-5=-
TP-5H4
Notation
EA-52]? (County)
5.5
Sub Total
EA-5217 (Slate)
R.P.TS_A.
,:)0
COllltll. of Ed.
5. 00
Affidavit
Certified Copy ~
q .,5
5q .75
Gm"d Total 1/ tf- ,7':)
Lot QIQ,OOa 5
.
Reg. Copy
Sub Total
Other
r5
4
Block 03.00
Real
Property
Tax Service
Agency
Verification
06038992
--_.~
/1-' T c;'
(RCSE -A)
\1J-NOV-OjY'
',,~________c"
~.C.F
6
Satisfaction/Dischargcs/Relcase List Property Owners Mailing Address
RECORD & RETURN TO,
(JJ&~/....15S4 f). S/-)//2(), /.../flt//J .ffts-al/;:J17cJ',/ <.!J,1etJiN..I}'Vk
70,:->/../' ,.; 0~urHol:..fJ
:j/51.~qS ;.!tJu rEf PlS
P iJ g"x. In,!
S'<.rnlol-lJ. NY' //97/
7
I
Mortgage Ami.
1. Basic Tax
2, Additional Tax
Sub Total
Spec./Assit.
or
Spec. / Add.
TOT. MTG TAX
Dual Town Dual County _
Held for Appointment _
Transfer Tax 0
Mansion Tax
The property covered by this motgage is
or will be improved by a one Oi" two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this in ment. I
-d}-Otp.
Communi
Consideration Amount
o q
r:r<-t11P7
CPF Tax Due
$
Improved
7
Vacant Land
TO
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TO
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Title Company Information
Co. Name COMMONWEALTH
Titlc # ,eJ!OG3 ,s-Cy
I Suffolk County Recording & Endorsement Page
This page fonus part of the attached 61;.'IiNT d~ tU:VELLJf1'ntE7V'T tClGli-rs EIJSEmF7Ur made by:
(SPECIFY TYPE OF INSTRUMENT)
.
FMil/<7/. t/;u_ 8U/I..iliN&
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The prelllisis herein is situated in
SUFFOLK COUNTY, NEW YORK.
J:'1 L(.71fOL{}
TO
'J6a'/../ ~;' !);Yl"nj{)jJ)
In the Township of
III the VILLAGE
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RFCORDING OR FILING.
(over)
JDLI niOlil
.
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
2'" day of November, 20~6 at Southold, New York. The party is FLOWER
HILL BUILDING CORP~3 Split Rock Road, Syosset, New York 11791
("Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having
its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York
("Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM# 1000-69-3-p/o 10.1 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by
Peconic Surveyors, p,c., dated June 27, 2005 and last revised September 9,
2006, and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in both the AC and the RO Zoning
Districts of the Town of Southold; and
.
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for agricultural production;
and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, pres~r ve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and speciai
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
.
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
.
NOW THEREFORE, in consideration of Six Hundred and Twenty
Thousand and Four Hundred and Eighty-Seven Dollars ($620,487.00) and
other good and valuable consideration paid to the Grantor, the receipt of
which is hereby acknowledged, the Grantor does hereby grant, transfer,
bargain, sell and convey to the Grantee a Development Rights Easement, in
gross, which shall be binding upon and shall restrict the premises shown and
designated as the Property herein, more particularly bounded and described
on Schedule "AU annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warrantv
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and locai
conservation policies.
0.04 Governmental Recoqnition
.
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Documentation
.
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated June 27, 2005 last revised September 9, 2006
prepared Peconic Surveyors, P.c. and a Phase 1 Environmental Site
Assessment dated March 3, 2006 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
.
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in fj247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code of the
Town of Southold (the "Code").
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetu ity.
1. 04 Effect
.
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and everyone of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement In perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, Including walkways.
3.02 Excavation and Removal of Materials: MInlnq
.
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and Improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Minerai exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 DUmDinq
.
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used In the normal course of sound agricultural practices, including
fertilization and composting.
3.05 SIqns
.
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
foliowing purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Landscapinq Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04 and 5.04.
Notwithstanding this provision, the property may be cleared in connection
with agricultural production, as that term is currently defined in Chapter 70
of the Town Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. Utilities must,
to the extent possible, be constructed within 30 feet of the centerline of any
roads or driveways, and may be used solely to service the permitted
structures. The Property may not be used for the creation or placement of
utilities to service any other properties.
.
3.08 Prohibited Uses
The use of the Property or structures on it for any residentiai,
commercial or industrial uses, permanent or temporary, shall be prohibited.
For the purposes of this section, agricultural production, as defined in
Chapter 70 of the Town Code, shall not be considered a commercial use.
3.09 Soil and Water
Any use or activity that causes or is iikely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the U.s.
Department of Agriculture's National Resource Conservation Service.
3.10 Drainaqe
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shali be
prohibited. except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.11 Development Riqhts
.
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee ali existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
.
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRj\NTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shail retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shail continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law.
4.04 Landscapinq Activities
.
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shail have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the
property.
4.05 Aqricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 70 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
.
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, provided such structures are necessary
for agricultural production;
.
(iii) Renovation, maintenance and repairs of structures built
pursuant to this Section 4.06, provided the the purpose of
the structure remains agricultural production.
B. Conditions. Any allowabie improvements shall protect prime
agricuitural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
4.07 Notice
.
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
appiicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shali promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
.
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Partv Claims
Grantor shali indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of its
officers, employees, agents or independent contractors resulting: (a) from
injury to persons or damages to property arising from any activity on the
Property, except those due soiely to the acts of the Grantee, its officers,
employees, agents, or independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Reauirement
.
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shali continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin
and prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby authorized
to enter upon the Property to perform such maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that wili not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 5.04 and
6.03, or to permit access upon the Property by the public.
6.02 Restoration
.
Grantee shali have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
.
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
.
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or eiection to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section.
6.04 Notice
.
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
.
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
deiivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or reiief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinquishment/Condemnation
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the iimitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open
space vaiue of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transferred hereby.
.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
This Easement contains the entire understanding between the parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
.
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
.
said rights and interest, following a public hearing ~nd, thereafter, ratified by
a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severabilitv
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governinq Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interoretation
.
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
.
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
.
.
.
Title No: RH06305074
SCHEDULE A - DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the West side of Main Road adjoining land of Faszczewski on the South, said pOint of
beginning being 425 feet, more or less, from the northerly side of Ackerly Pond Road, formerly Bowery Lane;
from said pOint of BEGINNING;
RUNNING THENCE along said land of Faszczewskl the following two (2) courses and distances:
1. North 79 degrees 56 minutes 20 seconds West, 95.90 feet;
2. North 82 degrees 01 minute 40 seconds West, 104.10 feet;
THENCE continuing along land now or formerly of Baker the following three (3) courses and distances:
1. North 81 degrees 01 minute 30 seconds West, 473.01 feet;
2. North 78 degrees 37 minutes 50 seconds West, 312.63 feet;
3. South 7 degrees 59 minutes 20 seconds West, 545.31 feet to Ackerly Pond Lane;
RUNNING THENCE along said Lane the following four (4) courses and distances:
1. North 77 degrees 40 minutes 50 seconds West, 59.09 feet;
2.
North 61 degrees 16 minutes 50 seconds West, 162.61 feet;
3. North 38 degrees 4.4 minutes 00 seconds West, 692.13 feet;
4. North 39 degrees 43 minutes 50 seconds West, 360.12 feet;
RUNNING THENCE South 88 degrees 11 minutes 20 seconds East, 399.76 feet;
RUNNING THENCE North 76 degrees 21 minutes 20 seconds East, 115.64 feet;
RUNNING THENCE South 73 degrees 54 minutes 50 seconds East, 220.21 feet;
RUNNING THENCE North 16 degrees 05 minutes 10 seconds East, 255.60 feet;
RUNNING THENCE North 73 degrees 54 minutes 50 seconds West, 255.63 feet;
RUNNING THENCE South 16 degrees 05 minutes 10 seconds West, 255.60 feet;
RUNNING THENCE South 76 degrees 21 minutes 20 seconds West, 92.13 feet to land now or formerly of Diller;
RUNNING THENCE along said land, North 16 degrees 05 minutes 10 seconds East, 368.80 feet to land of
"Southold Villas, Section 2" File No. 9237;
RUNNING THENCE along said land South 75 degrees 43 minutes 10 seconds East, 757.92 feet;
RUNNING THENCE South 12 degrees 40 minutes 40 seconds West, 325.00 feet;
RUNNING THENCE South 77 degrees 19 minutes 20 seconds East, 452.00 feet;
RUNNING THENCE North 12 degrees 40 minutes 40 seconds East, 314.48 feet;
Certificate of Title
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Title No: RH0630S074
RUNNING THENCE South 81 degrees 12 minutes 30 seconds East, 167.11 feet to land now or formerly of
Burnett;
RUNNING THENCE South 12 degrees 40 minutes 40 seconds West along said land now or formerly of Burnett
and later along land now or formerly of Zanganas, 276.44 feet;
RUNNING THENCE South 81 degrees'16 minutes 50 seconds East along said land now or formerly of Zanganas,
200.00 feet to the west side of Main Road (S.R. 25);
RUNNING THENCE South 11 degrees 36 minutes 20 seconds West along said west side of Main Road, 275.07
feet to the point or place of BEGINNING.
Certificate of Title
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IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
~LL B~RP~VlT76;J
(;ilfJST74A1 F (UIL) f'kS
By:
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD (Grantee)
BY:
~9~.
OHN P. SEPENOSKI
Deputy Supervisor
STATE OF NEW YORK
COUNTY OF SUFFOLK 55:
.
On this 2nd day of November, in the year 2006 before me, the undersigned,
c!flPlS77h-A) E, 0114.. personally appeared personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
PJ );1,.1LU f . JJ Mr./
Notary Public
PATI1ICU\ L. FALLON
Notary Public, 8t2'3 (1f New York
t\~o" 01 F"J\4850146
QUDI<:e:d In ~';u!Tolk Coun!y .. n ..,
COI11I"Iii~"ioll Expires April 24, ()"""C"'" /
Notary Public
STATE OF NEW YORK
COUNTY OF SUFFOLK 55:
On this 2nd day of November, in the year 2006 before me, the undersigned,
personally appeared John P. Sepenoski, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
fJrtr J;'.fL. K . -2 lb,
Notary Public -
FJI.LLON
0f i'~0W York
46
;::'o:k C'.1L111ty
r:>.pliI24, ,;2J"!7
C:\Documents and Settings\Anne\l>ly Documents\Anne\Town of Soutllold Deeds of Development Rights\ FLOWER
HILL BUILDING CORP,Grant of Development Rights Easement 820S.doc
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OWNER'S POLICY OF TITLE INSURANCE
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Issued by Commonwealth Land Title Insurance Company
~
landAmerica
Commonwealth
Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters.
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 Nebraska 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 hen or encumbrance on the title:
3. Un marketability of the title:
4 Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in
the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its 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
Attest
Secretary
""'"''''''''
,<;;~ TITLE ;+.""""
f~"""".".".'~~~~
,~i SEAL \;;,
\S;...............It~l
""""'~~!,~,~~~~""""
By:
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.
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 arise 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 improvement now or hereafter erected on the land; (iil) 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 effect of any violation of these
laws, ordinances or governmental regulations, 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 taking 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 lnsured 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 the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on'
(a) the transaction 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 preferential
transfer results from the failure
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart nalice 10 a purchaser for value or a judgment or lien creditor
NM 1 PA10
ALTA Owner's Policy (10/17/92)
C'^.."", ....on -!c
ORIGINAL
Valid only if Schedules A and B and Cover are attached
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NOV. 2.2006 11:51AM
CLTI~ RIVERHEAD
NO. 210
P 2/2
~" landAmerica
- Commonwealth
File No: RH06305074
SCHEDULE A
Amount of Insurance: $620,487.00
Date of Policy: November 2, 2006
Policy No.: RH06305074
1. Name of Insured:
Town of Southold
2. The estate or interest in the land whictl is covered by this policy:
Fee
3. Title to the estate or interest in the land is vested in:
By grant of development rights easement made by Flower Hill Building Corporation to the INSURED
dated 11{2{2006 and to be recorded in the Office of the Clerk of the County of Suffolk.
4. The land referred to in this policy is described on the annexed Schedule A - Description.
Countersigned: ;11 nll tL t ( ~ jib....
Authorized Officer or Agent -
ALTA Own.,'s Policy (10-17-92)
File No: RH0630S074
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SCHEDULE A - DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the West side of Main Road adjoining land of Faszczewski on the South,
said point of beginning being 425 feet, more or less, from the northerly side of Ackerly Pond Road,
formerly Bowery Lane; from said point of BEGINNING;
/
/
RUNNING THENCE along said land of Faszczewski the following two (2) courses and distances:
1. North 79 degrees 56 minutes 20 seconds West, 95.90 feet;
2. North 82 degrees 01 minute 40 seconds West, 104.10 feet;
THENCE continuing along land now or formerly of Baker the following three (3) courses and
distances:
1. North 81 degrees 01 minute 30 seconds West, 473.01 feet;
2. North 78 degrees 37 minutes 50 seconds West, 312.63 feet;
3. South 7 degrees 59 minutes 20 seconds West, 545.31 feet to Ackerly Pond Lane;
. RUNNING THENCE along said Lane the following four (4) courses and distances:
1. North 77 degrees 40 minutes 50 seconds West, 59.09 feet;
2. North 61 degrees 16 minutes 50 seconds West, 162.61 feet;
3. North 38 degrees 44 minutes 00 seconds West, 692.13 feet;
4. North 39 degrees 43 minutes 50 seconds West, 360.12 feet;
RUNNING THENCE South 88 degrees 11 minutes 20 seconds East, 399.76 feet;
RUNNING THENCE North 76 degrees 21 minutes 20 seconds East, 115.64 feet;
RUNNING THENCE South 73 degrees 54 minutes 50 seconds East, 220.21 feet;
RUNNING THENCE North 16 degrees 05 minutes 10 seconds East, 255.60 feet;
RUNNING THENCE North 73 degrees 54 minutes 50 seconds West, 255.63 feet;
RUNNING THENCE South 16 degrees 05 minutes 10 seconds West, 255.60 feet;
RUNNING THENCE South 76 degrees 21 minutes 20 seconds West, 92.13 feet to land now or
formerly of Diller;
.
RUNNING THENCE along said land, North 16 degrees 05 minutes 10 seconds East, 368.80 feet to
land of "Southold Villas, Section 2" File No. 9237;
ALTA Development Rights Policy (10-17-92)
File No: RH0630S074
. RUNNING THENCE along said land South 75 degrees 43 minutes 10 seconds East, 757.92 feet;
RUNNING THENCE South 12 degrees 40 minutes 40 seconds West, 325.00 feet;
RUNNING THENCE South 77 degrees 19 minutes 20 seconds East, 452.00 feet;
RUNNING THENCE North 12 degrees 40 minutes 40 seconds East, 314.48 feet;
/
RUNNING THENCE South 81 degrees 12 minutes 30 seconds East, 167.11 feet to land now or
formerly of Burnett;
RUNNING THENCE South 12 degrees 40 minutes 40 seconds West along said land now or formerly
of Burnett and later along land now or formerly of Zanganas, 276.44 feet;
RUNNING THENCE South 81 degrees 16 minutes 50 seconds East along said land now or formerly
of Zanganas, 200.00 feet to the west side of Main Road (S.R. 25);
RUNNING THENCE South 11 degrees 36 minutes 20 seconds West along said west side of Main
Road, 275.07 feet to the point or place of BEGINNING.
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ALTA Development Rights Policy (10-17-92)
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/
/
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File No: RH06305074
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This poiicy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or
expenses) which arise by reason of the following:
1. Declaration of Covenants and Restrictions in Liber 12419 page 450.
2.
Survey made by Peconic Surveyors, P.c. dated June 27, 2005 and last dated September 9,2006 shows
premises as improved vacant land. a) ten (10) foot wide water line easement located therein; (b) existing
barn to be removed; (c) variations between fences and record lines.
3. Declaration of Covenants & Restrictions in Liber 12443 page 341 and Liber 12464 page 913.
ALTA Development Rights Policy (10-17-92)
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a Commonwealth
File No: RH06305074
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
ATTACHED TO AND MADE A PART OF POLICY NO. 06305074
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
1. 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."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy
date, such policy shali also cover intervening iiens or encumbrances, except real estate taxes,
assessmentsl water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy uniess
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.
Commonwealth Land Title Insurance Company
Dated: November 2, 2006
\".\\l""ll""l'"",~
.".,. ~\\ 1ITLE ')':"'" By:
"'" ......."M'.
'ol:ov.. '. voj>"
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\.007..............~...,'
""'" 4'.f8Ai\S"l- \\"~,,
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Countersigned:
President
~
By: f~l.~
Authorized Officer or Agent
Secretary
Standard New York Endorsement-Owner's
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used In this policy mean:
(a) "insured": the insured named in Schedule A, and, 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 as distinguished
.urChase including, but not limited to, heirs, distributees, devisees, survivors,
at representatives, next of kin, or corporate or fiduciary successors.
(b) Minsured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, nol 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.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or watelWays, 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.
(f) "public records"; records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of mailers relating to real
property to purchasers for value and without knowledge. With respect 10 Seclion
1(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 requiring 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 mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or
conveyance of the estate or interest. This policy shall not continue in force in
favor of any purchaser from the insured of either (i) an estate or interest in the
land, or (ii) an indebtedness secured by a purchase money mortgage given to the
.OTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) 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. II 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 lor which prompt notice is required;
provided, 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 OF 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 lor 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 staled
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
by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion may
be 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 shall exercise its rights under this paragraph, it shall
do so diligently.
_c) Whenever the Company shall have brought an action or interposed a
e as required or permitted by the provisions 01 this policy, the Company
ursue any litigation to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In al! cases where this policy permils or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured 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 (i) in any action or proceeding, securing evidence, obtaining
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 necessary or desirable to establish the title to the estate or interest as
insured. If the Company is prejudiced by the failure of the insured to furnish the
required 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 mailer 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 01 loss or
damage signed and swom to by the insured claimant shall be furnished to the
Company within 90 days alter 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 01 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
01 loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative 01 the Company and
shall produce for examination. inspection and copying, at such reasonable limes
and places as may be designated by any authorized representative 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, lor 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
inlormation 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 judgment of the Company, it 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 inlormation lrom third parties as required in this paragraph
shall terminate any liability 01 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:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance 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 lime of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than 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 Payor Otherwise Settle With Parties Other than the Insured or With
the Insured Claimant.
(i) to payor 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 the time 01 payment and which the Company is
obligated to pay; or
(ii) to payor othelWise sellle with the insured claimant 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. including any liability or obiigation to delend, prosecute or
continue any litigation.
Conditions and Stipulations Continued Inside Cover
.
CONTROL NO.:
,a
20b-1058tttt9
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.
CONDITIONS AND STIPULATIONS
(Continued)
7 DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
.ThiS policy is a contract of indemnity against aclual monetary loss or damage
lned or incurred by the insured claimant who has suffered loss or damage by
reason of mailers insured against by this policy and only to the extent herein
described.
(a) The 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 difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject 10 the
defect, lien or encumbrance insured against by this policy.
(b) In the event the Amount 01 Insurance stated in Schedule A at the Date of
Policy is less than 60 percent 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 01 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 01 the Amount 01 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 percent of the Amount
of Insurance stated in Schedule A.
(c) The Company will pay only those costs, allomeys' fees and expenses
incurred in accordance with Seclion 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more 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 sellled on a pro rata basis as if
.ount of insurance under this policy was divided pro rata as to the value on
f Policy of each separate parcel to the whole: exclusive of any improvements
subsequent to Date of Policy, unless a liability or value has otherwise been
agreed upon as to each parcel by the Company and the insured at the time of the
issuance of this policy and shown by an express statement or by an endorsement
attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the litle, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right 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 Iiligation and the completion of any appeals therefrom, it
shall have fully periormed its obligallons with respect to that mailer 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 determination 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
liability voluntarily assumed by the insured in settling any claim or suit without the
prior wrillen consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY 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 insuring a
mortgage to which exception is taken in Schedule B or to which the insu~ed 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 described 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.
.8) No payment shall be made without producing this policy Ior endorsement
payment unless the policy has been lost or destroyed, In which case proof of
r destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right 01 Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue, compromise or settle in the name
of the insured claimant and to use the name of the insured 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 the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the 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 required to pay
only that part of any losses insured against by this policy which shall exceed the
amount, if any, lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non.insured obligors shall exist
and shall include, without fimllatlon, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide lor subrogation rights by
reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules 01 the American
Arbitration Association. Arbitrable mailers may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating
to this policy, any service of the Company in connection with its issuance or the
breach of a policy provision or other obligation. All arbitrable matters when the
Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either
the Company or the insured. All arbitrable matters when the Amount of Insurance is
in excess of $1,000,000 shall be arbitrated only when agreed to by both the
Company and the insured. Arbitration pursuant to this policy and under the Rules in
effect on the date the demand for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding upon the parties. The award
may include allorneys' fees only if the laws of the stale in which the land is located
permit a court to award allomeys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under the Tille
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company.
In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or allached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all 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 writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond,
Virginia 23261.7567.
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NEW YORK OFFICES
NEW YORK CITY
Two Grand Central Tower
140 East 45111 Street
New York. New York 10017
(212) 949-0100
BUFFALO
37 Franklin Street, Suite 100
Buffalo, New York 14202
(716) 853-6800
GARDEN CITY
1399 Franklin Ave. Suite 300
Garden City, New York 11530
i! (516) 742-7474
I
I NEW CITY
17 Squadron Boulevard, Suite 302
New City, New York 10956
(845) 634-7070
RIVERHEAD
185 Old Country Road
Riverhead, New York 11901
(631) 727-7760
WHITE PLAINS
50 Main Street
White Plains, New York 10606
(914) 949- J2
NATIONAL COMMERCIAL
SERVICES
Two Grand Central Tower
140 East 45th Street
New York. New York 10017
(212) 949-0100
Form B 1190-1B
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OWNER'S POLICY OF
TITLE INSURANCE
American Land Title Association (10/17/92)
Issued by
Commonwealth Land
Title Insurance Company
Commonwealth Land Title Insurance Company
is a member of the LandAmerica family of title insurance
underwriters.
...... ~ landAmerica
... Commonwealth
LandAmerica Financial Group, Inc.
5620 Cox Road
Glen Allen, Virginia 23060-9266
www.landam.com
.
THANK YOU.
Title insurance provides for the protection of your
real estate investment. We suggest you keep this
policy in a safe place where it can be readily
available for future reference.
If you have questions about title insurance or the
coverage provided by this policy, contact the
office that issued this policy, or you may call or
write:
Commonwealth Land Title Insurance Company
Consumer Affairs
P.O. Box 27567
Richmond, Virginia 23261-7567
felephone, toll free: 800446-7086
web: www.landam.com
We thank you for choosing to do business with
Commonwealth Land Title Insurance Company,
and look forward to meeting your future title
insurance needs.
Commonwealth Land Titre Insurance Company
is a member of the LandAmerica family of title insurance
undelWriters.
.... ~ LandAmerica
... Commonwealth
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
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The undersigned, owner of- ),1..1. '3 acres of active farmland and/or - acres of
non-farmland, situated at Suffolk County Tax Map No. 1000-69-3-p/010.1 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, 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
Landowner
TOWN OF SOUTHOLD FLOWER HILL DEVELOPMENT CORP.
By: . alL dJ@
S~P~L~,~Vi~or By:
53095 Route 25 ::fDW"! ,. ~~f'-€tJo bl'-J....
P.O. Box 1179 i)€~. ~#6"~Ic;.c
Southold, NY 11971-0959
(631) 765-1889
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)ss:
:)"01-11'1 P. $€f€NO~'t-1
On the 1f1.:iday of Al~Vtm1Rn' ,2006, before me personally appeared ~COTT 1'..
RU33[I::L, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed t~Jre within instrument and acknowledged to
me that he executed the same in his capacity ~SilSupervisor 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
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municipal corporation upon behalf of which the individual acted, executed the instrument
and affixed the seal thereto by like order.
fJ~f!.j~jJk _
Notary Public
STATE OF AJew YoeK )
COUNTY OF S:-Ul-'A!/...I<( )
PATRICIA L. FALLON
Notary Public, Stnte Of New York
No. 01 FM9S0 146
Qualified In Sucfolk County
Commission Expir6s April 24, ~7
)ss:
On the 02M day of M,VO?1ee;e ,2006, before me personally appeared
{!1I1?t~17IM/ E (}JlL , personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he/she executed the same as owner of the subject premises;
and that by her signature on the instrument, the individual, or the persons upon behalf of
which the individual acted, executed the instrument.
P.lirU1L t. ~^
Notary Public
PATRICIA L. FALLON
Notary Public, Stat, Of New York
No. 01 FA~\960146
Qualihed In ~'.:L;itc>lf<. Co~nty
Commission Expires Apni 24, .!lrtJ'1
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New York State Department of Environmental Conservation
Division of Lands & Forests
Bureau of Real Property, 5th Floor
625 Broadway, Albany, New York 12233-4256
Phone: (518) 402-9442 . FAX: (518) 402-9028
Website: www.dec.state.ny.us
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April 6, 2007
,.-"-~'-"~~. r;.i ".rcn' ~'r!--'--r:~-\ i
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DE~'T. OF i..ANO
C';~::~~;::\Jf;Ti:1N
,-'. -""'~"'_.-~ .". ....__.~._--~,-,--~...
Melissa Spiro
Department of Land Preservation
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
CE: Suffolk 442
Grantor: Flower Hill Building Corporation
Liber: DI2478 Page: 219
The conservation easements cited above have been so identified for our indexing and
filing purposes. This number may be needed for the landowner to claim a conservation easement
tax credit. When contacting this office about these parcels, please use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
;;l::#44~
Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Property
TAR:gm
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa,spiro@town.southold,ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town HaU Annex
54375 Stale Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
April 2, 2007
NYSDEC
Bureau of Real Property
625 Broadway, 5th Floor
Albany, NY 12233-4256
Attention:
Re:
Tim Reynolds
Conservation Easements Registry
FLOWER HILL BillLDING CORPORATION to TOWN OF SOUTHOLD
Dear Mr. Reynolds:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural
property located within the Town of Southold to be registered with the New York State Department of
Conservation. Details regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
L1BER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Flower Hill Building Corporation
Town of South old
November 14, 2006
DOOO 12478
219
50275 Ackerly Pond Lane, Southold
22.2328 acres
1000-069.00-03.00-010.008
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
1J44~
Melissa Spiro
Land Preservation Coordinator
ene.
cc: Flower Hill Building Corporation- P.O. Box 54, Syosset, NY 11791 wlo ene.
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FLOWER HILL BUILDING CORP.
to
TOWN OF SOUTHOLD
SCTM #1000-69-3-p/o 10.1
22.2328 acres development rights easement
50275 Ackerly Pond Lane, South old
Closing held on Thursday, November 2, 2006
Land Preservation Department
(from lelt to right)
John P. Sepenoski, Deputy Town Supervisor
Thomas Uhl, Vice President - Flower Hill Building Corp.
Christian Uhl, President - Flower Hill Building Corp.
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold,ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Ronte 25
(comer of Main Road & Youngs Avenue)
Southold. New Yark
MAILING ADDRESS:
P.O. Box 1179
Southold. NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
From:
Melissa Spiro, Land Preservation Coordinator
Date:
November 2, 2006
Re:
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Peconic Land Trust, Inc.
The Nature Conservancy
FLOWER HILL BUILDING COPR. to TOWN OF SOUTH OLD
plo SCTM #1000-69-3-10.1
Development Rights Easement - 22.2328 acres
Please be advised that the Town has acquired a development rights easement on the property
listed below. If you would like additional information regarding the purchase, please feel free to
contact me.
LOCATION:
50275 Ackerly Pond Lane, South old
PROPERTY OWNER:
Flower Hill Building Corp.
PURCHASE DATE:
Thursday, November 2, 2006
$620,487 (based on 17.7282 acres @ $35,OOO/buildable acre)
PURCHASE PRICE:
TOTAL PARCEL ACREAGE: 27.1260 acres
EASEMENT ACREAGE:
22.2328 acres
ZONING:
A-C and RO
FUNDING:
CPF 2% Land Bank
MISCELLANEOUS:
This property is listed on the Town's Community Preservation
Project Plan. The development rights easement is identified as
Parcel #1 on an approved conservation subdivision map of
Beach Plum.Homes at Southold. The easement area includes
4.397 acres cluster open space, 0.0082 acre wetlands, and a
0.0994 acre water line easement that were not included in the
easement purchase price.
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PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
(c~hd P
MAlUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
South old, NY
Telephone: 631 765-1938
Fax: 631 765-3136
October 17, 2006
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
Charles Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re:
DEPl Of lAND
PRESERVATION
Located on the n/s/o Ackerly Pond Road and the
w/s/o NYS Route 25 in Southold
SCTM#1000-69-3-10.1 Zoning District: A-C/RO
Dear Mr. Cuddy:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, October 16, 2006:
WHEREAS, this proposed Clustered Conservation Subdivision is for 5 lots on 27.15
acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246
acres are proposed to be sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3
equals 32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916sq. ft. in the A-
C/R-O Zoning Districts; and
WHEREAS, on May 9,2005, the Southold Town Planning Board issued a Negative
Declaration for the project pursuant to SEQRA and granted conditional sketch approval
on the map prepared by John T. Metzger, L.S. dated June 27, 2005 and last revised
March 10,2005; and
WHEREAS, on August 1, 2006 the applicant submitted the application and supporting
materials for final plat approval; and
WHEREAS, on August 22, 2006, the applicant submitted a copy of the recorded
Declaration of Covenants and Restrictions; and
WHEREAS, on August 25,2006, the applicant submitted five (5) mylars and eight (8)
paper prints of the final plat prepared by John T. Metzger dated June 27, 2005 last
revised July 19, 2006; and
WHEREAS, on August 30, 2006, the applicant submitted the final Road and Drainage
Plans, prepared by Joseph Fischetti, Jr. P.E. dated August 16, 2005 and last revised on
July 14, 2006; and
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Beach Plum Homes
Page Two
October 17, 2006
WHEREAS, on September 8, 2006, the applicant submitted the park and playground
fee in the amount of $14,000 and the administrative fee in the amount of $4,532.76; and
WHEREAS, on September 11,2006, the Southold Town Planning Board granted
conditional final plat approval on the plat prepared by John T. Metzger dated June 27,
2005 last revised July 19, 2006; and
WHEREAS, on September 21,2006, the applicant submitted the Performance Bond
#18655 in the amount of $75,546; and
WHEREAS, in a report dated October 12, 2006, the Town Engineer indicates that the
road and drainage plans have been satisfactorily amended as per comments 1,2 and 3;
and
WHEREAS, comments 4 and 5 from the Engineer's Report of October 12, 2006 have
been addressed by the Planning Board to their satisfaction and incorporated into the
Declaration of Covenants and Restriction; be it therefore
RESOLVED, that the Southold Town Planning Board accepts the Performance Bond
#18655 in the amount of $75,546 and recommends same to the Town Board; and be it
further
RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval
on the plat prepared by John T. Metzger dated June 27, 2005 last revised July 19,
2006, and authorize the Chair of the Planning Board to endorse the maps, after the
Town Board accepts the Letter of Credit by formal resolution.
A copy of the Deed of Development Rights Sale shall be submitted to the Planning
Board upon completion of the sale with the Town of Southold.
Upon endorsement by the Chairperson, the mylar maps must be picked up at this office
and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded
within sixty-two (62) days of the date of final approval shall become null and void.
If you have any questions regarding the above, please contact this office.
Very truly yours,
~~~-L-~
arilyn {~~odhouse
Chairperson
cc: Melissa Spiro, Land Preservation Coordinator
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2001 Aerial
FLOWER HILL BUILDING CORP. Property
50275 Ackerly Pond Rd, Southold
~27.0B ucres total
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reomrl` CINE (�
. FOLK VIL 11 LANE I .
I ��tY
FILE " SEC LAW
L4Ssow
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9
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y AJ8O0 B r , i syeo ;nQ 9 SWPOLK L/{S.,
EMBLO W LOr EN o J+7, O N " COUNTY F oAn
UN GG d b VEL OP 4'iy .Y "-014'.c INCS Nb. 9237 k KCY CIILLI. 9
KNow cess LDA ti oo A ° s 77 E o. w,,.� �� h �/ S8 Buc wAr.:v, TYPICAL PLOT PLAN --
N OOL A h /.Sp o' Y920. .hAry i 41
C "IONS a, b c� f 3. O v o ,D n� 61.I6� 1' ' L
p ze m P CWAT z 3 LOTS 2 -5
ERSE n o M o rJl 20 4 I,
_ = App,70 VC, 932.78' 2 OT Ye o e a m X46 81.9)'
J V m \ ?N76.211,0•E N 734 N 7779$0. 1y` /O'W Sq
9J3E LR AVC• qC• '�`___ � � �„ 1 � �` �.
y J,6 3B• SEt� ��, -" ,p� Q LOT I� I
0o TrNc[ 5. a Nl. Js y220,2j. 3• 0.0994 qC S S v Tn-(aG Lrl 3
\ N. 813'1/'20' W. " 399.76. 11 21'2 ?' <\\ / LO RE 0. FTI v g v ,� L Z KEY MAP ,
OR/VfWAY 5. y6 - GROUND 0 E (�/ HAVS 17 THRU %'1 b i� hp q I ry � SCALE: 1° = 600'
0./798 CWA I
H.�k yiP \. �v. CO�RLY`r/OUR 4NCRAO,N L/1d/,s SUy. C4 EA INC( a ' �l o$ L=2F" \" yJ 1 �J N EN/ST BA fb. n� (
CE�ORG' A•X0 R/NG• 5u LOT ;1 0 X47.56 1 19 00•W '1 TO BE REMO VEO " v Oji
POG• 0O• \ 2 2,800 SG. m k' 2 Jm
.q L I/b PT 1 _i 3 2 V
ctT�D \ 239126T f 1_c, � II 1 m/ '3J LOT 4 sd 3 ' g
�/_ \ '•., ACRES LOT N"79ana rv. d, 712 S . FT. I a 8
\ \, TO *J DEV 225UFAIENr .00' W " _�y'm g^ N of
SOUTH LO4D 7.0 TH6_ RIGHTS N-7 ry Z y N/O/F ZANOANAS'' FLOWER HILL BLDG. CORP.
AREA TOO?,/ W
DKc'°� Oma' WET AWN FELOPMENT NbF' / Czo � CONSERVATIONSUBDIVIS/ONRD200.00'
�(
4 NE Fq A7CRES 2 2B q� T.TQ qSOLD coNsrgCa u4M �rWF�, 4A9 v�\\ I I BEA CH PL UM HOMES b.
r ��� '•\ MENTJ LISTER OPEN AT SOUTHOLD
SPA F lVND 0. 10
B2 AC j 1 "� �I
o \ 0.09&9 RE I o TOWN OF SOUTHOLD
UryOP 4< 'Q\, - ACRE �' ; j , SUFFOLK COUNTY, N. Y.
1SCALE 1 31001
/ e:,1,. y ,.\ :-, JZSLI.y .. 1 I 4 JUNE 2Z 2005
Aug• 3, 20051r.uW",J'
�{ O� Aug. 5, 2005 (.ddlll.n.)
'+s+L"ER TJFJED To, " X96 00 �' Iry v I�y ocr. µ agq�lAannaw I
TOWN OF SOUTHOLD �" \ b lt?Y30+K, Sop/. 9, 2006 (addilwnsl
LAND AMERICA COMMONWEALTH / , f„9 I If l•'f ,
N/O/F VACANT a Oat pl.
LAW
a
\ OF BAKER 04.10, " N79-5Q.w I I FINAL
\ \ �.'
AY7 y O
c�9e�tiO \ FA LAND SURVEY
, DEVELOPMENT RIGHTS CALCULATIONS 41ry 0 �\ Nc+, /PDe</cWArfR,
I
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TOTAL AREA LOT 1 = 23.9126 Acres y
AS �•Ks*ATfR W/RTLAND BOUNDARY/s
LESS BUILDING ENVELOPE 1.5000 Acres 9No�rg o9 OMENrAL c SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
l5. •DRI VEWAY 0.1798 Acre / \ \ ,. As °� reroq�y WYisPfo ARCO Sy ydcs DAT AUPPAUGE, N.Y.
WETLANDS 0.0082 Acre
1.
6880 Acres ` u Y\ �-- �\ DEVELOPO CERTIFY
H _ w nlE
23.9126 Acres 6880 Acres = 22.2246 Acres Remaining \ -- -- _ Y y �'" '�
v \\ .,� W y Y Y y y THIS IS M CT FOH THA HIE PROPOSED REALTY SUBDIVISION OH
HFAI_ Thl IJ£FI:,'i T?^�,VT -09-pUON N%S'� WEILANUb u y y y - ...- _
y Y IV! O .IL F O S WAS APPROVED
WITH A T T 0 ( T II SA
4. Y Y y � � ON RIf ABOVE DATE. WATER SUPPI IES ANTI SEfV.IGE DIS'POS'AL I
;DP Ic \\ N - y • y y
Y Y
" CLI,15TER OFLI': i'RACh I - EOUAI_ 1 0 q,JU/ AC E::
FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EPEE CT
y y �y"--„�—" ----- y Y AT THE TIME OF CONSTRUCTION ANO ARE SUB✓ECT TO SEPARATE
INCI_UDFD IN LOT #I
7 N/p/F LAND OF PERMITS PURSUANT TO THOSE STANDARDS, THIS APPROVAL SHALL BE
s 6• acr cr�`rt.i.J�
U
V S10N /DEVELOPMENT MAP IS
I HEREB RTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISPOt;AL r VALID ONLY WITH
THE E COON Sf/d01 1
SYSTEM( F THIS PROJECT WERE DESIGNED BY ME OR UNDER MY D,HEC "LIN CARPENTER DUI Y NT IS WITH THE COUNTY CLERK WITHIN ONE YEAH OF THIS DATE.
SA -1) 0 UP A CAREFUL AND THOROUGH STUDY OF THE SOIL, Sl1 t ANO 40''V 9..0 05p. W CONSENT 1S HEREBY GIVEN FOR THE F9.ING OF THIS MAP ON CLE
GROUND W TE C P' 117UN5, ALL LOTS AS PROPOSED, CONFOh'M TO TME / THIS ENDORSEMENT APPEARS IN THE OFFICEU43L OF RIE COUNTY CLERK IN
AREA-27.1260 ACRES ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEAL Th LAW AND THE
SUFFOLK C UN o. ,'ARTNI NT OF AL TH SERVICES CONSTHUCTIUN 444
SUFFOLK COUNTY SANITARY CODE. l
STANDARDS f E, 7 IS; D E, /
' rWELL BWE'LLING TEST HOLE # I TEST HOLE # 2 t�
-_ _ _ ------ --- c.P. GOG NS UNKNOWN _—.__ _ ___—_ . ._. —_—. WALTER J. HILBERT P.E. 1
OS PH FSCHETT, P. ATIO WITNESSED WITNESSED
NOW 0' EL 29 0 EL 19 ZONING DISTRICT AC DIRECTOR, DIVISION uF EN60NAILIVNI JUALITY
B RT ROAD LOAM OL LOAM OL
S UrHOLD, N.Y. II97I SCHOOL DISTRICT SOUTHOLD j
(6' Ij 765.2954 FIRE DISTRICT SOUTHOLD
I HEREBY CERTIFY THAT THIS SU 1* AS MADE FROM SGRAVEL
ANDD & GRAVELSAND 6
ACTUAL SURVEYS COMPLETED e ONUMEN75 Sw sw
" SHOWN THUS ! ACTUALLY fXl T NT 1 r•P NS ARE CORRECTLY APPLICANT: y
SHOWN AND ALL DIMENSIONAL ( D !L ARE CORRECT. IT- _ . __ -- 1T _ ..- FLOWER HILL BUILDING CORP. !�
�1 ;Ip „ _ k 8243 JERICHO TURNPIKE
JOHN METZGER,�r Y. L 4 bl
WOODBURY, N.Y. 11797 a
IT�� (rf0esl 22 �p 2 AT
Vr LUi LS V LS D ANY ALTERATION 0R ADDITION TO T
OF SECTION THE 2NFW09 YORK IONS 4
EXCEPT AS PFRER SECTION 7209 - SURDI F S
HEREON ARE VALID fVEYOR
THIS MAP AND C
SEP 1 9 2006 SAID DFD MAP COPIES REAR THC IMPRESSED (A140 A a WETLANDS FLAG �{
WHOSE SIGNA NATUnF APPEARS NCREOIJ,
N.Y.S. LIC. N0. 49618 �y
DEPT OF LAND PECONIC SURVEYORS, P.C. V�
PNESEAVATDN ELEVATIONS AND CONTOURS LINES ARE TAKEN (63/) 765 - 5020 FAX (631) 765 - /797 1
FROM THE FIVE EASTERN TOWNS TOPOGRAPHIC MAP j P. 0. BOX 909 ,
/230 TRAVELER STREET
SOUTHOLD, N.Y. 11971
Mo
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