HomeMy WebLinkAboutMacari Associates, LLC
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 30, 2007
5:05 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of the Town of South old hereby sets
Tuesdav. Januarv 30, 2007, at 5:05 p.m., Southold Town Hall. 53095 Main Road.
Southold. New York as the time and place for a public hearine for the purchase of a
development riehts easement on property owned bv Macari Associates LLC
(Peconic Land Trust as Contract Vendee). Said property is identified as part ofSCTM
#1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is
located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly
from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning
district. The proposed acquisition is for a development rights easement on a part of the
property consisting of approximately 25010 acres of the 27010 acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee, and the property owner/contract vendee. The purchase price is $72,000
(seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement
will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value, and as an aquifer recharge area; and
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 have notice that it has appeared as a legal in the local newspaper and it has also
appeared as an announcement on the Town Clerk's bulletin board.
SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board
on this issue?
MELISSA SPIRO, LAND PRESERV A nON COORDINATOR: The Town is
purchasing a 25 acre developments rights easement on this 27 acre farm. There is a two
acre area including again, an existing residential dwelling and accessory structures that
will not be part of the easement. Once again, no additional residential structures would
be allowed on the farm and the acquisition does not involve any type of residential
subdivision. The landowner is basically preserving all but the two acre area around the
existing dwelling. The Peconic Land Trust is involved with and has been facilitating this
preservation effort. The purchase price is $72,000 an acre; supported by an appraisal.
The Macari farm is located in what is becoming one of the Town's largest blocks of
preserved land. There is approximately 100 acres of preserved land south of this property
and almost 200 acres of preserved land when you go across the street and to the east.
Again, each labeled parcel on this map, I think these labels are larger and you can see
them, each labeled parcel is preserved farmland. The Land Preservation Committee and I
have been trying to expedite this application and again, it is likely that we are going to
have a closing in a couple of weeks. There is a chance that we may be eligible for some
federal funding on this parcel, although at the moment it is not looking as likely as it did
a few hours ago. So I just wanted to mention that we may have some federal funding for
this. Once again, both the Committee and I recommend that the Town proceed with this
important acquisition. Thank you.
.
SUPERVISOR RUSSELL: Thank you, Melissa. Would anyone else like to address the
Town Board on this acquisition? (No response) Hearing none, can I get a motion to
close?
*
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~Clrt...."JI.,
Elizabeth A. Neville
Southold Town Board
,J
Town of South old - Letter
J,~l,--
Board Meeting of January 30, 2007
RESOLUTION 2007-159
ADOPTED
Item # 31
DOC ID: 2558
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-159 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON
JANUARY 30, 2007:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on part of a certain parcel of property owned by
Macari Associates LLC on the 30th day of January, 2007, pursuant to the provisions of Chapter
17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the
Town Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-96-2-10. The address is 4735
Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane,
approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in
Cutchogue in the A-C zoning district; and
WHEREAS, the development rights easement comprises a part of the property of approximately
25'" acres (subject to survey) of the 27'" acre parcel. The exact area of the development rights
easement is subject to a survey acceptable to the Land Preservation Committee and the property
owner; and
WHEREAS, the purchase price for the easement is $72,000 (seventy-two thousand dollars) per
buildable acre plus acquisition costs. The easement will be acquired using Community
Preservation Funds; 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 as an aquifer recharge area;
and
Generated February 2, 2007
Page 55
,
Town of South old - Letter
Board Meeting of January 30, 2007
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP)
and the L WRP Coordinator has determined that this action is consistent with the L WRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development riehts easement on aericultural land owned bv Macari Associates LLC
pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70
(Aericultural Lands Preservation) of the Code of the Town of Southold. Said property is
identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New
York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly
from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district.
The development rights easement comprises a part of the property of approximately 25010 acres
(subject to survey) of the 27010 acre parcel. The exact area of the development rights easement is
subject to a survey acceptable to the Land Preservation Committee and the property owner. The
purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre
plus acquisition costs. The easement will be acquired using Community Preservation Funds.
Town funding for this purchase is in conformance with the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town
Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268
(Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization
Generated February 2, 2007
Page 56
Town of South old - Letter
Board Meeting of January 30, 2007
Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with
the LWRP.
tBj.II.f(7.~~ll..
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated February 2, 2007
Page 57
Town of Southold - Letter
j~
Board Meeting of January 30, 2007
RESOLUTION 2007-138
ADOPTED
Item # 10
DOC ID: 2557
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-138 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 30, 2007:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on a certain parcel of property owned by Macari Associates LLC pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands)
of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-96-2-
10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly
side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and
County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 25010 acres
(subject to survey) of the 27010 acre parcel. The exact area of the development rights easement is
subject to a survey acceptable to the Land Preservation Committee and the property owner. The
purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre
plus acquisition costs; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of South old 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; and, be it further
Generated February 2, 2007
Page 15
Town of South old - Letter
Board Meeting of January 30, 2007
RESOLVED that the Town Board of the Town of Southold hereby finds no sil!nificant impact
on the environment and declares a nel!ative declaration pursuant to SEORA Rules and
Rel!ulations for this action.
.a;~J~'QfI"''jfl..
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated February 2, 2007
Page 16
#8197
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Joan Ann Weber of Mattituck, in said county, being duly
sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, commencing on the 25th day of January
2007.
9--:? ,c::J-d-. ~
Principal Clerk
Sworn to before me this
2007
')J
day of
D~~
ell) lL 'rhliCld l,--j(t
. CHRIS11NA VOLINSKI
N01ARY PUBLlC.S1A1E OF NEW YORK
No 01.V06105060
Qua\lfl~d In Suffolk cOU~:Y 2008
I Explre5 f&oruorv I
r"ommlss on
LEGAL NOTICE
NOTICE OF PUBUC HEARING
NOTICE IS HEREBY GIVEN that
pursuant to the provisions of Chapter
17 (Community Preservation Fund)
and Chapler 70 (Agricultural Lands) of
the Town Code, the Town Board of the
Town of Southold hereby sets Tllesda~
Januarv 30. 2007. at 5:05 D.m_ Southold
Town Hall. 53095 Main Road. Southold.
New York. as the time and Dlace for a
Dublic hearinp for the Durchase of a de-
veloDment rights easement on oronertv
owned bv Macari Associates LLC tPe-
conic Land Trust as ('ouimet Vendee).
Said property is identified as part of
SCTM #lOO().96-2.1O. 111e address is
4735 Cox Lane, Cutchogue, New York.
The property is located on the south-
westerly side of Cox Lane. approxi.
mately 50U feet southeasterly from thc
interseclion of Cox Lane and County
Route 4X in Cutchogue in the A-C Wil-
ing district. "tbe proposed acquisition is
fOT a development rights easement on
a part of the property consisting of ap-
proximately 2ST acres of the 27i: acre
parceL
The exact area of the purchase is
subject to a survey acceptable to the
L~J.lq.p-rt;~ervation Committee. and the
is on file in Land Preservation Depart-
ment, Southold Town Hall Annex, 54375
Route 25,Southold, New York, and may
be examined by any interested person
during business hours.
Dated: January 16,2007
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
'lown Clerk
8197.1T 1/25
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Integrated Pest Management
ISA 76S:6~l':i.,jf
Free Estimates. Fully Insured
298-5500 .
~",~
/'1'''
LLC upon whom process against it may
be served. SSNY shall mail a copy or
process to: C/O BENDIK & ASSOCI-
ATES LLC P.D. Box 648. Greenport,
NY 11944. Purpose: Any Lawful Pur-
pose. Latest date upon which LLC is to
dissolve: No Specific Date.
8180-6T 1/11 18 25' 2/1 8 15
LEGAL NOnCE
Notice of formation of a Limited Li-
. ability Company (LLC): Name: NuVu
I Realty, LLC. Articles of Org. filed with
Secretary of State of New York (SSNY)
on 12/14/06. Office location: Suffolk
County. S$NY designated as agent of
LLC upon whom process against it may
be served. SSNY shall mail copy of pro-
cess to: NuVu Realty, LLC, 1620 Water
f Terrace,Southold,NewYork 11971.
i Term: Perpetual. Purpose: To engage
t in any lawful act or activity.
I RIR2-6T 1/11 18 2<;' 2/1 8 15
, LEGAL NOTICE
I NOTICE OF PUBLIC HEARING
! NOTICE IS HEREBY GIVEN that
f pursuant to the provisions of Chapter
~ 17 (Community Preservation Fund)
t and Chapter 70 (Agricultural Lands) of
f the Town Code, the Town Board of the
I Town of Southold hereby sets The~av
JanUa" 30. 2007. at 5:10 p m SOlltbold
, Town Hall 53095 Main Road Southold.
'I New York as the time and Dlace for u
public bearin!! for the DUlThase of a de-
l velopment rh.h..'! easement on oropertv
! owned hv East Coud Residential I I Co
t Said property is identified as SCTM
t #1000-69-3-9.3. The address is 2340
I Ackerly Pond Lane, Southold, New
I York. The property is located on the
easterly side of Ackerly Pond Lane, ap-
proximately 274 feet southeasterly from
I the intersection of Ackerly Pond Lane
and a Long Island Rail Road crossing
in Southold in the A-C zoning district.
. The proposed acquisition is for a devel-
'I' opment rights easement on the entire
parcel consisting of approximately 16:t
acres.
I The exact area of the purchase is sub.
ject to a survey acceptable to the Land
Preservation Committee. The purchase
, price is $72,000 (seventy-two thousand
dollars) per buildable acre plus acquisi-
tion costs:The easement will be acquired
using Community Preservation Funds.
'The property is listed on the Town's
\ Community Preservation Project Plan
;, as property that should be preserved
'i'due to its agricultural value, and as an
~aquifer recharge area; and
i; FURTHER NOTICE is hereby
,; given that a more detailed description
!of thel above mentioned parcel of land
~is on file in Land Preservation Depart-
':menl SoutholdTown Ha1lAnnex,54375
tRout~ 25, Southold, New York, and may
., be eXamined by any interested person
during business hours.
JIDated: January 16,2007
BY ORDER OF
THE TOWN BOARD
OFTHE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
8199-ITl125
LEGAL NOTICE
The Annual Meeting of the Cu-
tchogue Cemetery Association will be
held on Thursday, February 8, 2007, at
2;00 p.m., at the Cutchogue-New Suffolk
Free Library for the purpose of electing
three Trustees for three-year terms, fill-
ing two unexpired Trustee Lerms, and
the transaction of such ot}ler business as
may properly come before the meeting.
Mary _D. Holland
Secretary
8191-2T 1125' 2/1
LEGAL NOTICE
NOTICE OF MEETING
Please take notice that a REGU-
LAR BOARD MEETING of the
Board of Cooperative Educational Ser-
vices, First Supervisory District, Suffolk
County, will be held in the Large Group
Institution (LGI) Room at the Edward
1. Milliken Technical Center, 375 Locust
Avenue, Oakdale, New York, 11769, on
Wednesday, January 31, 2007, at 8:00
p.m.
Please take further notice that mem-
bers of the public may attend the meet-
ing.
8191-1T 1125
LEGAL NOTICE
The annual meeting of the Southold
Free Library will be held on Wednes-
day, February 14, 2eX)7 at 7 p.m. in the
Library's Community Room. Residents
of the Union Free School District #5 are
eligible to attend. Election of 1Tustees
will be held. Voting is limited to current
library cardholders. A regular meeting
of the Board of Trustees will follow the
Annual Meeting.
Brian Walker
Secretary, Board of Trustees
8194~2T 1/25.2/1
LEGAL NOTICE
Notice of Formation Parson Golf
LLC art. of org. filed SSNY 7/17/06. Off.
loc. in Suffolk Co. SSNY designated as
agent of LLC upon whom process may
be served. SSNY shall mail copy of
process to: 1380 Bray Ave, Laurel, NY
11949. Purpose: Any lawful purpose.
8195 6T 1125' 2/1 8 15 22' 311
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
pursuant to the provisions of Chapter
17 (Community Preservation Fund)
and Chapter 70 (Agricultural Lands),.of
the Town Code, the Town Board of the
Town of Southold hereby sets TnesdQv
Januarv 30.2007. at 5:05 D m.. Sonthold
Town Hall. 53095 Main Road Soothold.
New York all the time and place for a
public hearinf for the Dur~e of a de-
velooment nl"hts easement on DroDertv
owned hv Macari Associates LJ,C {Pe-
conic Land Trust as Contract Vendee}.
Said property is identified as part of
SCfM #1000-96-2-10. The address is
4735 Cox Lane, Cutchogue, New York.
The property is located on the south-
westerly side of Cox Lane, approxi-
mately 500 feet southeasterly from the
intersection of Cox Lane and County
Route 48 in Cutchogue in the A-C zon-
ing district. The proposed acquisition is
for a development rights easement on
a part of the property consisting of ap-
proximately 25:t acres of the 27-x. acre
parcel.
The exact area of the purchase is
subject to a survey acceptable to the
Land Preservation Committee, and the
property owner/contract vendee. The
purchase price is sn,()(X) (seventy-two
thousand dollars) per buildable acre
plus acquisition costs. The easement will
be acquired using Community Preser-
vation Funds.
The property is listed on the Town's
Community Preservation' Project Plan
as property that should be' preserved
due to its agricultural value, and as an
aquifer recharge area; and
FURTHER NOTICE is hereby
given that a more detailed description
of the above mentioned parcel of land
is on file in Land Preservation Depart-
ment, SoutholdTown Hall Annex, 54375
Route 25, Southold, New York, and may
be examined by any interested person
during business hours.
Dated: January 16,2007
BY ORDER OF
THE TOWN BOARD
OFTHE TOWN OF SOUTIlOLD
Elizabeth Neville
Town Clerk
8197-1T 1125
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
pursuant to the provisions of Chapter
17 (Community Preservation Fund)
and Chapler 70 (Agricultural Lands) of
the Town Code, the Town Board of the
Town of Southold hereby set" TlIesdav.
Janna" 30. 2007. at 5:00 n m Southold
Town Hall. 53095 Maio Road. South-
old. New York as the time and place for
a OIlhlic heano. for the ourcha...e of a
development ntrh.... eUliemeot 00 oroo-
ertv owned bv Allan Arrieta IPeconic
l,and Trust as Contract Vendee t Said
property is identified as part of SCTM
#1000-94-3-1.3. The address is 3305 Or-
egon Road, Mattituck, New York. The
property is located on the northerly side
of Oregon Road, approximately 150
feet northeasterly from the intersec-
tion of Elijah's Lane and Oregon Road
in Mattituck in the A-C zoning district.
The proposed acquisition is for a devel-
opment rights easement on a part of the
property consisting of approximately
10:1 acres of the 12.5:t acre parcel.
The exact area of the purchase is
subject to a survey acceptable to the
Land Preservation Committee, and the
property owner/contract vendee. The
purchase price is $78,000 (seventy-eight
thousand dollars) per buildable acre
plus acquisition costs. The easement will
be acquired using Community Preser.
vation Funds.
The property is listed on the Town's
Community Preservation Project Plan
as property that should be preserved
due to its agricultural value; and
FURTHER NOTICE is hereby
given that a more detailed description
of the above mentioned parcel of land
is on file in Land Preservation Depart-
ment, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may
be examined by any interested person
during business hours.
Dated; January 16,2007
BY ORDER OF
THE TOWN BOARD
OFTHE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
8198+11'1/25
.
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.
PART I-PROJECT INFORMAnON (To be completed by Applicant OR Project) Page 1 of 2
1. APPLICANT (SPONSOR: Southold Town Board 12. PROJECT NAME: ('{\/te<!1'l iAY.oel....'t,j-(y~roll.<;.k,n'.,.(J~
3. PROJECT LOCAnON: SoFR>t..\o:;
Municipality: <;;,.,." ~O (... \":> County:
4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc1 or provide map)
Sc"iO\.,to 1000 -Cf' -;2- Ie>
'173s (oy. L."1\~) c.,,.~\o~v" \ \1\~rSl'A;h 0+ Gs,<(.q~J c.l: 4-8.
5..1#TI\..,~\'f ~ih (01' t...", J "<Pfwl. 5c)(/ Sc,;n'""sWl y ~'"
S. IS PROPOSED ACTION:
r1 New 0 Expansion D Nodification
!:-DESCRIBE PROJECT BRIE&iY: tr+- " h-b e'l5""'Jlf~ ".... J6-r <lc('S of ~71:. Q,cre (""'\rc-€.l,
l'INfl f "'(vA,1.( 0-+ toItlo(lt'ftf r 5
-t --
7. AMOUNT OF j"AND AFFECTED: -25 ~
INITAlLY ~ - acres ULTIMATELY acres
- ------- --- -- ----~--~-- -- - ------,
,.""' -"" .moo 00"'" "'m ==" ro"'", 0' om" "=,, ""0"" ,,~=~ j
!5'4 Yes D No If No, deScribe briefly
-~~-~ -~-- --~---- -- - ---- --~~-- -~ - -- - --- ---- - - -- -
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ,
~ 1)i: D" ~ r r
,-
U,? Coot ('lei'
veflAte..
I ReSidential CommerCial Industrial Aqllcultur e Par "-/For ~stjOpen space othe! I
Describe
I I
~o. DOES A~O;;IN;O~"vE A PERMir-;:;~ROVAL,~ FUNDIN-~,-N-o,,;; OR ~~TI";ATE~~ FROM AN~~TH~R ~OVERNMENTAL ~
i AGENCY (FEDERAL, STATE OR LOCAL)?
I r: Yes]'( No if yes, list agcncy(s)andperTr1it/approva!s
i
t~~.~.u ..~ .-. -'-~~--,~---~_~_~ _, .__.~__ __~_~__'_~____~_'_'~_'_'__'_
i 11. DOES ANY ASPECT OF THE AmON HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
I r: Yes 'i"J No If yes, fist agency(s) and penni(/approvals
r-~'"-~-~~~--~"- -"'.~~..- '-- --- '--',-----,--- --'.-.--,-~"...,~~~- -.-" ,_'~__~_'u_~__._.,~.__._ .___..'________".___ _ ,_ ~___"~_.._~
! 12. AS RESULT OF PROPOSED AmON WILL EXISTING PERMIT(APPROVAL REQUIRE MODIFICATION?
I rYes Ij4 t~o
, I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Appl,c,l<'IjSPO'N" "onw_;?1.~ S~,4_ 5flao} I.t+r.Q 1t'>LU.'~_,_ [1<"0,_ Jill 107
519110111'0_ ~ ~l . ..__----- u
If the action is in the Coast<ll Area, and you Me a stille agency, complete the Coastal Assessment Form befol'{>
procecdin9 with this assessment
. .
PART U-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41
0 Yes ~ No If yes coordinate the review process and use the full EAF
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61
0 Yes Bl No If no, a negative dedaration may be suspended by another Involved agency
C. COULD ACIlON 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 pattems solid waste production or
diSPos~:otential for erosion, drainage or flooding problem? Explain briefly:
C2, Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character?
ExPla~3rleflY:
C3. VXJ~tation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as offidally adopted, or change in use or intensity of use of land or other natural resources?
ExPla~rieflY:
CS. G~, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
CG. L~D term, short term, cumulative, or other effects not identified in Cl ~C5? Explain briefly:
0. Other -impacts (including changes in use of either quantity of type of energy)? Explain briefly:
rtil
" '.'- - -
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A
CEA?
n Yesif' No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
n g(
y" No
N~"'~_~_~_""~~_~~~.~~_"~"4'_'__'~"~'~_~"~~"~,~~__~~"~_'~~__" ~~~';'~_.~~'~'---' .--,-~~,'--~'-~~~"--~-._--- -~,--~, -~--.;~ 'C__'"-'___',"_ _m ------ --
PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it i~ suhstantial, lat-ge, or otherwise sigrlificant. lach effect shouid
be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurriny; (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 quesUon D 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.
r r Check this box jf you have identified one or more potentially large or significant adverse impacts, which may occur. Then
! proceed directly to the FUll ENVIRONMETNAL ASSESSMENT FORN and/or prepare a positive declaration.
I~ Check this box if you have determined, based on the information and analysis auove and any supporting documentation,
that the proposed action WIll NOT result in any significnnt adverse environmental impacts AND provide on attachments
as necessary, the reasons supporting this determination: \3
I So\M"~'-t> Tow... 6 ..~t>
,
! Name of LeQ(,\Agen~ ----'--~-----~-
_..,.,... "RA - 5
Seo sse l.L_ __.iP.!<ML_<tRff~VI>ofl.. _ I
Print of type NaOle~s~Agency ____ ___c-~ResP(J~le,Offi=---_______1
SIgnatt e of Responsible Officer In Lead Agency SIgnalure of fHepare(If d'ffor~,esponSlbIO Officel).. _~.. J
.
.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code,
the Town Board of the Town of South old hereby sets Tuesdav, January 30, 2007. at
5:05 p.m.. South old 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
property owned bv Macari Associates LLC (Peconic Land Trust as Contract
Vendee). Said property is identified as part ofSCTM #1000-96-2-10. The address is
4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly side
of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and
County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for
a development rights easement on a part of the property consisting of approximately 25"=
acres ofthe 27"= acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee, and the property owner/contract vendee. The purchase price is $72,000
(seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement
will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value, and as an aquifer recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: January 16,2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTH OLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JANUARY 25. 2007. AND FORWARD ONE (I) AFFIDAVIT
OF PUBLICA nON TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO
BOX 1179. SOUTHOLD. NY 11971.
Copies to the following:
The Suffolk Times
Land Preservation
Town Board Members
Town Clerk's Bulletin Board
Town Attorney
,...
.
.
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being
duly sworn, says that on the ~ day of jn", II ^ 11 0-- ' 20~: she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
PH on Macari property 1/301075:05 pm
C~O~,wd
lzabe h A. ev Ie
Southold Town Clerk
Sworn before Il{II; this ']
.;;)5_ day of \ 'p~ ,200i.
--u; V<OYI ~
~~bliC
LYNDA 11-,1 i~~,jh;J
NOTARY PUBLIC, State of New York
No. 01 B06020932
Qualified in Suffolk County
Term Expires March 8, 20 p+
Town of Southold - Letter-
Boar.eeti~g~:uary 16, 2007
~......~
'-0/
.,..,.
RESOLUTION 2007-104
ADOPTED
Item # 22
DOC ID: 2520
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-104 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old
hereby sets Tuesdav. January 30. 2007, at 5:05 p.m.. Southold Town Hall. 53095 Main
Road. South old. New York as the time and place for a public hearin2 for the purchase of a
development ri2hts easement on property owned bv Macari Associates LLC (Peconic Land
Trust as Contract Vendee). Said property is identified as part ofSCTM #1000-96-2-10. The
address is 4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly
side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and
County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 25:10 acres of
the 27:10 acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two
thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using
Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value, and as an aquifer recharge area; and
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.
Generated January 17,2007
Page 30
.
Town of Southold - Letter
Boar!eeting of January 16,2007
~_I~2;Arr;'~'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January 17,2007
Page 31
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 17
Receipt Number : 07-0050907
TRANSFER TAX NUMBER: 06-34569
Recorded:
At:
OS/29/2007
10:02:54 AM
Page/Filing
COE
EA-CTY
TP-584
RPT
Transfer tax
Handling
NYS SRCHG
EA-STATE
Cert.Copies
SCTM
Corom.Pres
Fees Paid
D00012507
027
District:
1000
Section:
096.00
EXAMINED AND
$1,849,939.00
Block:
02.00
CHARGED AS
Deed Amount:
$51. 00
$5.00
$5.00
$5.00
$30.00
$0.00
Above Instrument
Exempt
NO
NO
NO
NO
NO
NO
Exempt
NO
NO
NO
NO
NO
NO
Received the Following Fees For
TRANSFER TAX NUMBER: 06-34569
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
15J~i:~~'U~
lru JUN 2 2 2007 l1lJ
DEPI Of lAND
PRESERVATION
.
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed. Mortgage Instrument
Deed / Mortgage Tax Stamp
3
FEES
Page / Filing Fee
~
Handling
5. J)(L
r----
TP-584
Notation
EA-5217 (County)
j~
'7)-
30 CD
Sub Total
EA-52l7 (State)
R.P.TS.A.
Comm. of Ed.
5. ..illL
Affidavit
Certified Copy
~
d-./
0/)
Reg. Copy
Sub Total
RECOPOED
2007 t-i.~1d 29 10:02:54 kt'1
Judi t.h ~. p.;jscale
CLERK OF
SUFFOLK COUtir/
L DDOOi2507
P 027
DT# 06-3456'~
Recording / Filing Stamps
Mortgage Amt.
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 e(~ A'h fL ,_
Mansion Tax V~ _
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
S?-- - c)
Other
I) -=-
Grand Total
Title Company Information
Co. Name ::)7ClU/J-;er -r;
ST- -g'.31O
Suffolk County Recording & Endorsement Page
This page forms part of the attached q.e;r/l/T I)F JEVELOPIfJEJIIr fl6n7S ~E/J1EN"r .
(SPECIFY TYPE OF INSTRUME~.ee. J.
The premisis herein is situated in
v'
Real
Property
Tax Service
Agency
Verification
Block 0;;,00 Lot OIO.dOO
1000 09600 0200 010002
6
Satisfaction/Discharges/Release List Property Owners Mailing Address
RECORD & RETURN TO:
inniss/! /J. SPiM
~u/.; OP JO/.l77f()Lb, VnvIJ 1'i!.Gsc.eY/fT/C/'lJ
5309-> fr€'. c2..s-,) .p 0, BdJ( //71
St)~ 77IoJ..IJ / If'l 1197/ - (J 9tS'9
7
Title #
8
mlj-OU> / flSSOCI/f7tS , -<:r:.
5 Community Preservation Fund
Consideration Amount $ -1 'i''17, '139 -
.
CPF Tax Due
$
\
Improved
Vacant Land t./
TD
IO{J7J
TD
TD
made by:
TO
TO U/ 1\/ (j F S tJ t./ 77ItJ4tJ
SUFFOLK COUNTY, NEW YORK,
In the Township of \. \tJ t./.77# Lfl
In the VILLAGE
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
l' _ H_ ..~
(' LI nIhJ61./l!:
.
--
Dear Taxpayers,
Your satisfaction of mortgage nas b~en filed in my office @~ I am enclosing the original copy for
your records.
If a portion of your monthly mortgage payment includedYol.!r property taxes, vou will now need
to contact vour local Town Tax Receiver so that vou m~v be billed directlv for all future property
tax bills. " . ". . ," ", " ,., ,'. , ' ' ,.,- .",
Local property taxe~ ar,e payable twice a year: on or before Janu,ary lOth and on or befqre May
31 ,t Failure to make paym~nts in a timely fa~hion could,result i" a penalty.
Plelilse contact your local TOWn tax Receiver with any ques(ipns regarding tax payme"ts,
,. ,. .,' . "
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, NY 11757
(631) 957-3004
Riverhead Town Receiver of Taxes
200 Howeu A venue
Riverhead, NY 11901
(631) 727-3200
Brookhaven Town Re~eiver of Taxes
250 East Main Street
Port Jefferson, NY 11777
(631)473-0236
Shelter Island Town Receiver oflip(es
Shelt~r Islanq Town Hall
Shelter Isl,and, NY 11964
(63]) 749,3338
East Hampton Town Receiver of Taxes
300 Pantigo Place
East Hampton, NY 11937
(631) 324-2770
Smithtown Town Receive'r ofTax~s
99 West Main Street
Smithtown, NY I 1787
(63]) 360-7610
Huntington Town Receiver of Taxes
100 Mqin Street
Huntington, NY 11743
(631) 351-3217
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton, NY 11968
(631) 2~3-~514
IsIip Town Receiver of Taxes
40 Nassau A venu,e
Islip,NY 11751
(631) 2+4-5580
Southold ToWn Receiver of Taxes
53095 Main Road
Southold, NY 11971
(631) 765-18.03
Sincerely,
l&1~H.t/! ~
Edward P. Romaine
Suffolk COl,lnty Clerk
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 11th day of
May, 2007 at Southold, New York. The parties are MACARI ASSOCIATES LLC, 95-40
Roosevelt Avenue, Jackson Heights, New York 11372 (herein called "Grantor"), and the
TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095
Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property consisting
of 25.6936 acres located at 4735 Cox Lane, Cutchogue in the Town of Southold, Suffolk
County, New York, part of SCTM# 1000-96-2-10, more fully described in SCHEDULE A
attached hereto, made a part hereof and hereinafter referred to as the "property"; and
as shown on the survey dated January 10, 2007 and certified January 26, 2007,
prepared by Peconic Surveyors, P.c.
WHEREAS, the Property is located in the AC Zoning District of the Town of
Southold which designation, to the extent possible, is intended to prevent the
unnecessary loss of those currently open lands which contain prime agricultural soils as
outlined in the Town Code of the Town of Southold, Section 280-12 (the "Town Code").
The Property is designated as part of Suffolk County Tax Map Parcel Number1000-96-
02-10; and
WHEREAS, the Property contains soils 25.69 acres of soil classified as Class I and
Class II worthy of conservation as identified by the United States Department of
Agriculture Natural Resources Conservation Service Soil Survey of Suffolk County, New
York; and
WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is
to purchase conservation easements on land with prime, unique, or other productive
soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16
U.S.c. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection
Program, the United States Department of Agriculture Natural Resources Conservation
Service (hereinafter the "United States" or "NRCS") has provided NINE HUNDRED AND
TWENTY-FOUR THOUSAND-NINE HUNDRED AND SIXTY-SIX DOLLARS AND 10/100
to the Grantee and for the acquisition of this Easement, entitling the United States to
the rights identified herein.
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
presently referenced in Section 247 of the General Municipal Law and/or defined in
Chapter 70 of the Town Code and including the production of crops, livestock and
livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and
Markets Law, now or as it may be amended; and
WHEREAS, the Property is currently in agricultural use as cover crop; and
WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's
Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town
of Southold, and Section 272-a of the Town Law to protect environmentally sensitive
areas, preserve prime agricultural soils, to protect the scenic, open space character of
the Town and to protect the Town's agricultural economy; and
WHEREAS, the Property in its present.scenic and agricultural condition has
substantial and significant value as an aesthetic and agricultural resource in that it has
not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special character of the
region in which the Property is located, and Grantor and Grantee have, in common, the
purpose and objective of protecting and conserving the present state and inherent,
tangible and intangible values of the Property as an aesthetic, natural, scenic and
agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has
requested Grantor, for itself and its successors and assigns, to grant a Development
Rights Easement to Grantee in order to restrict the further development of the Property
while permitting compatible uses thereof;
NOW THEREFORE, in consideration of ONE MILLION EIGHT HUNDRED AND
FORTY-NINE THOUSAND NINE HUNDRED AND THIRTY-NINE DOLLARS AND 20 CENTS
($1,849,939.20) 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 "A" annexed
hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement as hereinafter set
forth with respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee ownership and the exclusive right of
occupancy and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall constitute
and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal representatives,
successors and assigns, hereby covenants and agrees as follows:
0.01 Grantor's Ownership
Grantor warrants to the Grantee that Grantor is the owner of the Property described in
Schedule A, free of any mortgages or liens, as set forth in Stewart Title Report # Sf-S-
8362 and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a municipal
corporation organized and existing under the laws of the State of New York State and is
authorized under Section 64 of the New York State Town Law and Section 247 of the
New York General Municipal Law to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual rights which may be
necessary or desirable for the preservation and retention of agricultural lands, open
spaces and natural or scenic resources.
0.03 Puroose
The parties recognize the environmental, natural, scenic or agricultural values of
the Property that foster 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 scenic, agricultural, environmental and natural values, including its prime,
statewide important and unique agricultural soils, by preventing the use or development
2
of the Property for any purpose or in any maimer contrary to the provisions hereof, in
furtherance of federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to preserve
rural land in a scenic, natural, and open condition through conservation restrictions by
enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General
Municipal Law, Section 247. Similar recognition by the federal government includes
Section 170(h) of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights Easement that
present uses of the Property are compatible with the purposes of this Easement.
Grantee makes this determination based on a survey dated January 10, 2007 prepared
by Peconic Surveyors, P.c. and an Environmental Site Assessment dated January 15,
2007 prepared by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises, undertakings,
and forbearances contained in this Development Rights Easement, the parties agree
upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Tvoe
This instrument conveys a Development Rights Easement (herein called the
"Easement''). This Easement shall consist of the limitations, agreements, covenants,
use restrictions, rights, terms, and conditions recited herein. Reference to this
"Easement" or its "provisions" shall include any and all of those limitations, covenants,
use restrictions, rights, terms and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and right to
prohibit or restrict the use of the Property for use other than agricultural production as
that term is referenced in Section 247 of the New York General Municipal Law and/or
defined in Chapter 70 of the Town Code and including the production of crops,
livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS
Agriculture and Markets Law, now or as it may be amended. No future restrictions or
limitation in the definition shall preclude a use which is permitted under the current law
and/or code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in perpetuity.
1. 04 Effect
This Easement shall run with the Property as an incorporeal interest in the
Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants,
occupants, heirs, personal representatives, successors and assigns, and all other
individuals and entities. The word "Grantor" when used herein shall include all of those
persons or entities. Any rights, obligations, and interests herein granted to Grantee shall
also be deemed granted to each and every one of its subsequent agents, successors,
3
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 Structu res
No structures may be erected or constructed on the Property except as permitted
by the Southold Town Land Preservation Committee and other applicable provisions of
the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure"
shall be defined as anything constructed or erected on or under the ground or upon
another structure or building, including walkways. Structures shall not include trellis,
fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to
implement NRCS approved conservation practices, or fencing used in connection with
bonafide agricultural production, including without limitation fencing to keep out
predator animals. Approvals for these shall be as required by applicable provisions of
the Town Code.
3.02 Excavation and Removal of Materials: Mining
The excavating or filling of the Property, except as may be necessary to
construct and maintain permitted structures and improvements on the Property, or in
connection with necessary drainage and soil conservation programs, shall be prohibited,
without the prior written consent of Grantee. Mineral exploitation, and extraction by
any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or
other materials shall not take place, nor shall the topography of the Property be
changed except to construct and maintain the permitted structures and improvements
on the Property and for purposes of erosion control and soil management, or in
connection with normal agricultural/horticultural activities, without the prior written
consent of Grantee.
3.03 Subdivision
The Property may not be subdivided pursuant to Town Law Sections 265, 276 or
277 or Section 335 of the Real Property Law, as they may be amended, or any other
applicable State or local law. "Subdivision" shall include the division of the Property
from which 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. Further,
notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval
by the Planning Board of the Town of Southold and as otherwise required by the Town
Code, reconfigure existing property lines with contiguous parcels for the purpose of
agricultural production. All resulting parcelS must be at least 10 acres of preserved
land. The United States Secretary of Agriculture shall be notified prior to such
conveyance and shall approve any reconfiguration of property lines prior to such
reconfiguration.
4
3.04 Dumoing
The dumping or accumulation of unsightly or offensive materials including, but
not limited to trash, garbage, sawdust, or chemical waste on the Property shall be
prohibited. This prohibition shall exclude materials used in the normal course of sound
agricultural practices on the property, including fertilization, composting and crop
removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited, except
signs whose placement, number, and design do not significantly diminish the scenic
character of the Property and only for any of the following purposes: (a) to state the
name of the Property and the names and addresses of the occupants and the character
of the business conducted thereon, (b) to temporarily advertise the Property or any
portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or
use, or (d) with the consent of the Grantor, to announce Grantee's easement. All signs
are subject to regulatory requirements ofthe Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility poles,
wires, pipes, wells or drainage and septic systems on the Property shall be prohibited
without the prior written consent of the Grantee, except for drywells, drainage or
systems used to service permitted agricultural or conservation uses on the property.
Utilities must, to the extent possible, be constructed within 30 feet of the centerline of
roads or driveways, and may be used solely to service the permitted structures on the
property.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential, commercial
or industrial use shall be prohibited. For the purposes of this section, agricultural
production, as that term is referenced in Section 247 of the General Municipal Law and
lor defined in Chapter 70 of the Town Code, shall not be considered a commercial use.
Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips
and helicopter pads, motorcross biking, or any other improvements or activity
inconsistent with current or future agricultural production be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or erosion or
pollution of any surface or subsurface waters shall be prohibited. This prohibition shall
not be construed as extending to agricultural operations and practices (including,
without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides,
and fungicides) that are in accordance with sound agricultural management practices of
the NRCS.
3.09 Conservation Plan
All agricultural operations on the Property shall be conducted in a manner
consistent with a resource management system (RMS) Conservation Plan (the
"Conservation Plan") prepared by the NRCS utilizing the standards and specifications of
the NRCS Field Office Technical Guide and approved by the Suffolk County Soil and
Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection
will be subject to the Conservation Plan.
Grantor shall give Grantee copies of the Conservation Plan upon request and advise
Grantee of amendments thereto so as to enable Grantee to keep its records current.
5
3.10 Conservation Comoliance Provisions of the Conservation Plan
As required by Section 12381 of the Food Security Act of 1985, as amended, the
Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations
on the Property in a manner consistent with a conservation plan prepared in
consultation with NRCS and approved by the Suffolk County Soil and Water
Conservation District. This Conservation Plan shall be developed using the standards
and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12
that are in effect on May 11, 2007. However, the Grantor may develop and implement
a conservation plan that proposes a higher level of conservation and is consistent with
the NRCS Field Office Technical Guide standards and specifications. NRCS shall have
the right to enter upon the Property, with advance notice to the Grantor, in order to
monitor compliance with the Conservation Plan.
In the event of noncompliance with the Conservation Plan, NRCS shall work with
the Grantor to explore methods of compliance and give the Grantor a reasonable
amount of time, not to exceed twelve months, to take corrective action. If the Grantor
does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's
noncompliance. The Grantee shall take all reasonable steps (including efforts at
securing voluntary compliance and, if necessary, appropriate legal action) to secure
compliance with the Conservation Plan following written notification from NRCS that (a)
there is a substantial, ongoing event or circumstance of non-compliance with the
Conservation Plan, (b) NRCS has worked with the Grantor to correct such
noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS
regulations.
If the NRCS standards and specifications for highly erodible land are revised after
the date of this Grant based on an Act of Congress, NRCS will work cooperatively with
the Grantor to develop and implement a revised conservation plan. The provisions of
this section apply to the highly erodible land conservation requirements of the Farm and
Ranch Lands Protection Program and are not intended to affect any other natural
resources conservation requirements to which the Grantor may be or become subject.
3.11 Drainaae
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service the permitted structures on the property. The use of the
Property for a drainage basin or sump shall be prohibited, except in accordance with
sound agricultural management practices and the Conservation Plan in order to control
flooding or soil erosion on the Property.
3.12 Development Rights
The use of the acreage of this Property for purposes of calculating lot yield on
any other Property shall be prohibited. Grantor hereby grants to Grantee all existing
development rights (and any further development rights that may be created through a
rezoning of the Property) on the Property, except for the right to construct, maintain
and replace the pre-existing structures, and as provided in Section 4.06, and the parties
agree that such rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
6
Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights
of ownership in the Property, some of which are more particularly described in this
ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for any
purpose consistent with and not prohibited by this Easement as well as applicable local,
New York, State, or federal law.
4.04 Landscaoina Activities
Grantor shall have the right to continue the current and/or customary modes of
landscaping, pruning and grounds maintenance on the Property. Grantor shall have the
right to remove or restore trees, shrubs, or other vegetation when dead, diseased,
decayed or damaged or interfering with agricultural production, to thin and prune trees,
to maintain or improve the appearance of the property, and to mow the property.
4.05 Agricultural 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, and including the production of crops, livestock and
livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and
Markets Law, provided that such activity shall be conducted in accordance with the
purposes of this Easement and the Conservation Plan. 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) Relocation of barns from other properties and new
construction, including drainage improvement structures,
provided such structures are necessary for or accessory to
agricultural production and lot coverage does not exceed
two (2) percent of the Property;
(iii) Renovation, maintenance and repairs of structures built
pursuant to this Section 4.06, provided the primary purpose of
the structure remains agricultural production.
B. Conditions. Any allowable improvements shall protect prime agricultural
soils, agricultural production, open space and scenic vistas, and otherwise be consistent
with the Purpose of this Easement.
7
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.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements impractical, erection of a structure of comparable size, use,
and general design to the damaged structure shall be permitted in kind and
within the same general location subject to the two (2) per cent lot coverage
limitation in Section 4.06A(ii) and to review and written approval of Grantee,
pursuant to applicable provisions of the Town Code.
4.07 Alienabilitv
Grantor shall have the right to convey, mortgage or lease all of its interest in the
Property but only subject to this Easement. Grantor shall promptly notify Grantee and
the United States Secretary of Agriculture of any conveyance of any interest in the
Property, including the full name and mailing address of any transferee, under any such
conveyance. The instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification or
amendment of the terms of this Easement, and shall incorporate this Easement by
reference, specifically setting forth the date, office, Iiber and page of the recording
hereof. The failure of any such instrument to comply with the provisions hereof shall
not affect Grantee's rights hereunder. Grantor hereby gives notice that the premises
are being conveyed to Peconic Land Trust, Incorporated, 296 Hampton Road, P.O. Box
1776, Southampton, New York 11969, immediately following the granting of this
easement. Any reference in this Easement to Grantor shall be deemed to refer to
Grantor's successors as to any period after such conveyance.
ARTICLE FIVE
GRANTOR'S OBliGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and other
governmental or municipal charges, which may become a lien on the Property,
including any taxes or levies imposed to make those payments. This provision shall not
preclude Grantor from contesting such amounts and from deferring payment during
such contest period. The failure of Grantor to pay all such taxes, levies and
assessments and other governmental or municipal charges shall not cause an alienation
of any rights or interests acquired herein by Grantee.
5.02 Liability and Indemnification
Grantee and the United States have no obligations whatsoever, express or
implied, relating to the use, maintenance or operation of the Property. Grantee's or the
United States' exercise of, or failure to exercise, any right conferred by this Easement
shall not be deemed to be management or control of the activities on the Property.
Grantee shall not be liable to Grantor for injuries or death to persons or damage to
property or any other harm in connection with Grantee's administration and/or
enforcement of this Easement, unless such harm is due to the negligence of Grantee or
its agents, in which case liability shall be apportioned accordingly. Grantor agrees to
indemnify and hold harmless Grantee, and the United States of America from any and
8
all costs, claims or liability, including but not. limited to reasonable attorneys fees arising
from any personal injury, accidents, negligence or damage relating to the Property, or
any claim thereof, unless due to the negligence of Grantee or its agents, in which case
liability shall be apportioned accordingly. Grantor further agrees to indemnify and hold
harmless Grantee, and the United States of America, from and against any and all
claims, costs, expenses, fines, penalties, assessments, citations, personal injury or
death, and the like arising from or out of the existence (actual or alleged) of Hazardous
Materials (as defined in Section 5.02A) whatsoever on or under the Property.
5.02A Environmental Warranty
"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or
municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines,
policies or requirements of any governmental authority regulating or imposing
standards of liability or standards of conduct (including common law) concerning air,
water, solid waste, hazardous materials, worker and community right-to-know, hazard
communication, noise, radioactive material, resource protection, subdivision, inland
wetlands and watercourses, health protection and similar environmental health, safety,
building and land use as may now or at any time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous
chemicals, hazardous wastes, hazardous substances, extremely hazardous substances,
toxic substances, toxic chemicals, radioactive materials, infectious materials and any
other element, compound, mixture, solution or substance which may pose a present or
potential hazard to human health or the environment.
Grantor warrants that it is in compliance with and shall remain in compliance with, all
applicable Environmental Laws. Grantor warrants that there are no notices by any
governmental authority of any violation or alleged violation of, non-compliance or
alleged non-compliance with or any liability under any Environmental Law relating to
the operations or conditions of the Property.
Except as may be set forth in an environmental report obtained by Grantee prior to the
date of this Easement, Grantor warrants that it has no actual knowledge of a release or
threatened release of any Hazardous Materials on, at, beneath or from the Property.
Moreover Grantor hereby promises to defend and indemnify the Grantee and hold
harmless and indemnify the Grantee and the United States against all litigation, claims,
demands, penalties and damages, including reasonable attorneys' fees, arising from or
connected with the release or threatened release of any Hazardous Materials on, at,
beneath or from the Property, or arising from or connected with a violation of any
Environmental Laws by Grantor or any other prior owner of the Property. Grantor's
indemnification obligation shall not be affected by any authorizations provided by
Grantee to Grantor with respect to the Property or any restoration activities carried out
by Grantee at the Property; provided, however, that Grantee shall be responsible for
any Hazardous Materials contributed after this date to the Property by Grantee.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and Insoection
Grantee shall have the right to enter upon the Property at reasonable times, not
more frequently than annually without Grantor's consent, upon prior notice to Grantor,
and in a manner that will not interfere with Grantor's quiet use and enjoyment of the
Property, for the purpose of inspection to determine whether this Easement and its
purposes and provisions are being upheld. Representatives of the United States
Department of Agriculture shall also have the right to enter the Property for monitoring
9
conservation plan implementation, upon prior notice to Grantor and not more frequently
than annually without Grantor's consent. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 6.03, or to permit
access upon the Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the Property to the
condition required by this Easement and to enforce this right by any action or
proceeding that Grantee may reasonably deem necessary. However, Grantor shall not
be liable for any changes to the Property resulting from causes beyond the Grantor's
control, including, without limitation, fire, flood, storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Riahts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any
violation of this Easement may be inadequate. Therefore, in addition to, and not in
limitation of, any other rights of Grantee hereunder at law or in equity, in the event any
breach, default or violation of any term, provision, covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement is not cured by Grantor
within fifteen (15) days notice thereof by Grantee (which notice requirement is
expressly waived by Grantor with respect to any such breach, default or violation which,
in Grantee's reasonable judgment, requires immediate action to preserve and protect
any of the agricultural values or otherwise to further the purposes of this Easement),
Grantee shall have the right at Grantor's sole cost and expense and at Grantee's
election,
(i) To institute a suit to enjoin or cure such breach, default or violation by
temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to terminate
or cure such breach, default or violation and/or to cause the restoration of
that portion of the Property affected by such breach, default or violation
to the condition that existed prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or remedies as
Grantee deems necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of this Easement;
provided, however, that any failure, delay or election to so act by Grantee
shall not be deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default, or violation
or with respect to any other breach, default or violation of any term,
condition, covenant or obligation under this Easement.
(iv) The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee is such restoration cannot reasonably be accomplished
within 15 days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be delivered
by hand or registered mail, return receipt requested, or by certified mail, with sufficient
prepaid postage affixed and with return receipts requested. Mailed notice to Grantor
shall be addressed to Grantor's address as recited herein, or to such other address as
10
Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to
Grantee shall be addressed to its principal office, recited herein, marked for the
attention of the Supervisor and the Town Attorney, or to such other address as Grantee
may designate by notice in accordance with this Section 6.04. Notice shall be deemed
given and received as of the date of its manual delivery or three business days after the
date of its mailing. Where notice is required to the United States of America or to the
NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o
Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441
South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS
shall be deemed notice to the United States of America.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have
the effect of waiving or limiting any other remedy or relief, and the failure to exercise or
delay in exercising any remedy shall not constitute a waiver of any other remedy or
relief or the use of such other remedy or relief at any other time.
6.06 Extinauishment of Easement
At the mutual request of Grantor, Grantee, and United States of America, a court
with jurisdiction may, if it determines that conditions surrounding the Property have
changed so much that it becomes impossible to fulfill the Purpose of this Easement
described in Section 0.03 (Purpose), extinguish or modify this Easement in accordance
with applicable law. In that case, the mere cessation of farming on the Property shall
not be construed to be grounds for extinguishment of this Easement.
Notwithstanding the foregoing, if condemnation by exercise of the power of
eminent domain approved in advance by the United States Department of Agriculture
NRCS, make impossible the continued use of the Property for Purpose of this Easement
as described in Section 0.03 (Purpose) herein, the restrictions may be extinguished by
judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary
conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from
any subsequent sale or other disposition of the Property, or title insurance proceeds, in
accordance with Section 7.12 (Proceeds) herein.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties concerning
its subject matter. Any prior agreement between the parties concerning its subject
matter shall be merged into this Easement and superseded by it.
7.02 Amendment
This Conservation Easement may be amended only with the written consent of
Grantee and Grantor at the time of any such amendment and with the written approval
of the Secretary of the United States Department of Agriculture. Any such amendment
shall be consistent with the Purpose of this Easement and shall comply with the NYS
Conservation Law or any regulations promulgated thereunder. Any such amendment
shall be duly recorded.
This Easement is made with the intention that it shall qualify as a Conservation
Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the
provisions of this Easement if such amendment shall be necessary, to entitle Grantor to
meet the requirements of Code Section 170(h). Any such amendment shall apply
11
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 adoption of a local law authorizing the alienation of such rights and interests,
following a public hearing and, thereafter, ratified by a mandatory referendum by the
electors of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of the property rights
or interests that were acquired by the Town prior to any such amendment. The United
States of America shall also consent to any such alienation.
In addition to the limitations set forth above, Grantee shall have the right,
subject to the provisions of Section 7.11 (Contingent Rights of United States of
America) herein, to transfer all or part of this Easement to any public agency, or private
non-governmental organization, that at the time of transfer is a "qualified organization"
under Section 170(h) of the Code, provided that transferee expressly agrees to assume
the responsibility imposed on the Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any subsequent
owner, and the United States Department of Agriculture, NRCS. If the Grantee ever
ceases to exist, a court of competent jurisdiction may transfer this Easement to another
qualified public agency that agrees to assume the responsibilities imposed by this
Easement. The United States Department of Agriculture, NRCS, will be notified in
writing, in advance of such transfer. The NRCS State Office must approve the choice of
any new non-governmental organization in advance of any transfer of this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be invalidated. Instead,
that provision shall be reduced or limited to whatever extent that court determines will
make it enforceable and effective. Any other provision of this Easement that is
determined to be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 Governina Law
New York Law applicable to deeds and easements pertaining to land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
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
12
",
as otherwise recited herein, be constrl:Jed at.all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to grant, to
the public any right to enter upon the Property or to use any images of the property for
public or commercial use.
7.08 Warranties
The warranties and representations made by the parties in this Easement shall
survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of the Clerk
of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
7.11 Contingent Rights of the United States of America
In the event that Grantee fails to enforce any of the terms of this Easement, as
determined in the sole discretion of the Secretary of the U.S. Department of Agriculture,
the said Secretary of Agriculture and his or her successor and assigns shall have the
right to enforce the terms of this Easement through any and all authorities available
under Federal or State law. In the event that Grantee attempts to terminate, transfer
or otherwise divest itself of any rights, title or interest of this Easement without the
prior consent of said Secretary and without payment of consideration to the United
States as provided herein, then, at the option of such Secretary, all right, title and
interest in this Easement shall become vested in the United States of America.
7.12 Proceeds
The grant of this Easement gives rise to a property right, immediately vested in
Grantee, which, for purposes of calculating proceeds from a sale or other disposition of
the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall
have a value equal to a percentage of the value of the Property unencumbered by this
Easement (the "Proportionate Share"). The Proportionate Share is determined by
dividing the value of this Easement, calculated as of the date hereof, by the
unencumbered value of the Property, also calculated as of the date hereof. The
Proportionate Share is 74.27%. The Proportionate Share shall remain constant
(subject to reasonable adjustment to the extent permissible under Section 170(h) of the
Internal Revenue Code for any improvements which may hereafter be made on the
Property).
If any part or all of this Easement is extinguished pursuant to Section 6.06, the
proportional shares of the Grantee and the United States of America are 50.01%, and
49.99% , respectively, representing the proportion each party contributed to the
purchase price of the easement
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.
13
ACKNOWLEDGED AND ACCEPTED:
MACARI. SOCIA ES LLC
BY: .~
'\
~~~
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY: ~~~~~
1>.e'fu-t1 Supervisor
Y. 5EfE~OSfL I
Acceptance of Property Interest by the Natural Resources Conservation Service
The Natural Resources Conservation Service, an agency of the United States
Government, hereby accepts and approves the foregoing conservation easement deed,
and the rights conveyed there'n, on behalf of the United States of America.
Authorize Signatory for th
MARILYN CASSIDY STEP
State of New York )
County of -.BI ~ ), ss:
On the IOlfl...- day of ~ in the year 2007 before me, the undersigned,
personally appeared Marilyn assidy Stephenson, 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. ( j)
~ (Ie ~;~)/~
Signature/office of individual taking acknowledgement
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this I ~day of /J! /1111 in the year 2007 before me, the undersigned,
personally appeared )!;"'7s:J: ~ ' 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
individu s) acted, executed the instrument.
THALIA C. lAWLOR
NolBry Public. State of New Yorlc
No. 01 LA 6138507
Qual~ied in Albany COunty
Commission Expires December 19. 200ll
DONNA McGAHAN
Notary Public, State of New lbItI
No. 01MC4851459
Qualified In Suffolk Coullly
Commlaalon Explrea Aug. 18,.a181
'20/0
14
'. .
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this II day of /fJ1I'I in the year 2007 before me, the undersigned,
personally appeared V6I/N I'. SEI"ClYOS,,(/ , 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.
fJd./J;/~
Notary Public
'I? . .Jdt.-
PATRICIA l. FALLON
Notary Public, Stat~ (If New York
No.01FA4950146
Qualified In Suffolk County ,.,~
Commission Expires April 24, rrvll
C:\My Documents\Anne\Town of Southold Deeds of Development Rights\mACARIWITHFEDERAL.doc
15
"
Stewart Title Insurance Company
Titleillo,
81'-S-8362
Schedule A Description
(AMEl'o'DED 2/7/07)
ALL that certain plot, piece or parcel of land lying, anel being at Cutchogue, Town of
Southold, County of Suffolk and Slate of New York, more particularly bounded and des.;ribed as
follows:
BEGINNIN(; at a monument set in the Southwesterly side of Cox's Lane at L'le division
line between premises described herein and lands now or formerly Anne Marie Goeder
Revocable Living Trust (Town of South old Development Rights) which said point is distant
752,OJ feet Northwesterly from a railroad monument:
RUNNING THE1\ CE along said last mentioned 11lIIds the following 2 courses and
distances:
1. South 30 degrees 17 minutes 52 seconds West 616, 16 feet:
2, South 56 degrees 25 minutes 48 seconds East 562,18 feet [0 a monument and lands now or
formerly LIRR:
THEl'CE along said lands ofLlRR:
I, South 47 degrees 53 minutes 22 seconds West 200,00 feet
2. South 56 degrees 25 minutes 48 seconds East 15.48 feet;
3. South 47 degrees 50 minutes 32 seconds West 329.80 feet to lands now or formerly RHX
Corp.
THEl'CE along said lands 110W or formerly RHX Corp.:
1. North 56 degrees 36 minutes 48 seconds West 1301.46 feet:
2. North 34 degrees 22 minutes 00 seconds Ea~t 514,14 fcet to a monument:
3. North 55 degrees 39 minutes 00 seconds West 10.00 feet to a monument and lands now or
formerly Cutchogue Fire District:
TIIE]';CE along said lands now or formerly Cutchogue Fire DistIi,'t 'lorrh 38 degrees 43
minutes 20 seconds East 552.12 feet to a monument and lands now or t,)rmerly Minnie Borawa:
THEl'CE along said lands !lOW or formerly Y1innie Borawa 'lorth 40 degrees 22
minutes 36 seconds East 69.90 feet to a monument in the Southwesterly side of Cox's Lane;
THEl'CE South 56 degwes 22 minutes 13 seconds East 2lJ.45 feCll,) the re"CJ'v<,d area:,
THE~CE along the reserved area:
I. South 30 degrees 17 minutes 52 seconds West 200.00 feet:
2, South 56 degrees 22 minutes 13 seconds Easr 400.68 feet:
3. North 30 degrees 17 minutes 52 seconds East 200.00 feet [0 the Southwest side of Cox's
Lane:
THEl'CE South 56 degrees 22 minutes 13 degrees East along the Southwesterly side of
Cox's Lane 150.25 feet to the monu.ment, the point or place of BEGI:'>NING.
TCX3ETHER with all right, title and interest of the party of the first part. in and to the land lying
in the street in front of and adjoining said premises,
.
i,~~~~:;",u;'~~::rW;~,M.,-m,;.o,L~'_"j ~:':"~:i'~~':':;~P~~~,: ,;~:,.~:.4i.:':-:;:;,:":,,,~' ., ':,:",~:,;,:.;:..,
I ALTA Owner's Policy (6.17.06) .
POLICY OF TITLE INSURANCE ISSUED BY
-- '1
L~~~~r:!y
Any notice or claim and any other nollce or slalementln writing required to be gl...n the Company under this Policy must b.
given to the Company atlhe address shown in Seclion 18 of the Conditions.
COVERED RISKS
SUI3Jo.CT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THO.
CONDITIONS. STEWART TITLE INSURANCE COMPANY. . New York corporallon, (the 'Company") Insu",s. as of Date or Policy an<!. to the
~)(l~~nt elal!:!d In Covered Rieks 9 and 10, after OElte of f:JQlicy, l)I9l;l1ln~t IO$s or damag@, not exceeding tha Amount o1InsuranC9. sustalngd or
inCI,lrred by the insured be reason of;
1. Title being veeted other lI1en e. ststed in Schedule A.
2. Any defect in or lien or encumbrance on Ihe Title. ThIs Covered RIsk Includes but ;s not limited to insurance against lOBS from
(a) A defect in the ntle caused by
(i) forgery, freud. undue influence, dure... incompetency, incapacity, or Imp.roonollon;
(II) failure of any person or Entity to have authorized a transfer or conveyance;
1111) 0 documentaffeeting Till. not prope~y cr..ted. e'9Culed. witMesed. ...Ied, acknowledged. nolarl~ed, or dallvered;
(Iv) rallure to perfonn tho~e act& necessary to creete a document by electronic means author1zed by law
(v) a document executed onder. fal.iliod, expired, or othe,..,;eelnvalid power or sttome~
(vt) a document not proper1y flied, recorded. or Indexed In the Public Records including failure to perform those acts by electronic:
means authorized by law: or
(vii) f.I detective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments Imposed on the TItle by a governmental authortty dUB Dr payable, but unpaid.
(c) Any encroachment. encumb",nce, viol.lion, v.ri.llon, or adveree clrcumslance affeellng 111. 11lle lI1at would be dlscJoaad by an
accurate and complete land survey of the Land. The term nencroachment" Includes encroachments of existing Improvements located
on the Land onto adjoining land. and encroachments onto the land of existing improvements located 01'1 adjoining land.
3. UnmarkE!!Bble Title.
4. No right of access to and from the Land.
5. The violation or enforcerT1ent of any law. ordinance, permit, or governmental regulation (including those relating to building and zoning)
",slricllng. "'gulollng. prohibiting, or rolellng to
(8) the otlcvpancy, U~, or enjoyment of the land;
(b) the character, dlmenaionl;. or location of any Improvement erected on the Land:
(c) the subdivision of land; or
(d) environmental protoctlon
if a notice. describing any part of the Land, is recorded in the Public Recon:ls seltlng forth the violation or lntenUon to ~nforcE!, but only to the
extent of the violation or enforcement referred to In that notlce_
6. An enforcement 3ction based on the exercJse of a governmental police pO'N'er not covered by CoverE!d RI~k 5 if a nollca or the enforcement
ectlon, describing any perl or the Land. i~ recorded In the Public Records, but only to the ,,,,tenl of the enfo",.ment r.ferred to in th.t
noliee.
7. The exercise of the rights of em in ant domain ~ a notice of the exercise. describing any part ofCh. Land, Is "'COrded In the Public Records.
a. Any taking by a governmental body Ihat has occurred and Is binding on the rights of a purchaser for IIElJue wlthQut Knowledge.
CmJnteraigl1lK1 by:
Stewart Title insurance Company
Au!oo"."d SIf2'5"'lJaylis Road Suite 201
__MeJJ!.iJkIY..fl.JrYQ.r.ld.1..747
Company Plume: (631} 501-9615
172;1,- '63'j SOl ~'~~
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0.8901 009070
File No.:
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Tid.No.: ST-S-8361
Date ofTssue: May 11 , 2007
ATfACHED TO AND MADE A PART OF POLlCY NUMBER 0-8901-9064
1. CoVeRd Risk Number 2(c) is deleted.
2. The following is added as a Covered Risk:
"II. Any statutory lien for services, labor or materials furnished prior to the date her~of, and which hIlS now gaincd or which may
hereafter gain priority over the estate or interest of the iosured as shown in Schedule i\ of this policy."
3. Exclusion Number 5 is deleted, and the following is substimted:
5. Any lien on the Title for real estate taxes, asseSSMents, water charges or sewer nmts imposed by govenun.nta! aurl,ortty and
croated or attaching betwecn Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as Shown in Schedule A.
This endorsement is issued as pan ofthe policy. Except as it expressly states, it does not (1) modilY any of the tenns and provisions of
the policy, (ii) modifY any prior endorsoments, (Hi) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent
a provisio" of the policy or a previous endorsement is inconsistent with an expre.. provision of this endorsement, this endorsement
controls. Otherwise, lhis endorsement is subject to all of the tenus and provisions of the policy and orany prior endorsements.
Signed on:
STEW ART TITLE
INKU~AKCI COM'~~V
Stewart Title lnsurance Company
~c
~-
'a~
8SCl'9lmry
Signed by:
,~m_
Aut orized Office or Agent
Stewart Title Insurance Company
125 Baylis Road, Suite 2111
Melville, New York 11747
STANDARD NEW YORK ENDORSEMENT (511107)
FCIR USE WITH ALTA OWNER'S POLICY (&-17.(J6)
Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville New York 11747
Phone: (631) 501-9615 Fax: (631) 501-9623
Title No: ST-S-8362
Date: June 12,2007
Melanie Doroski
Town of Southold - Land Preservation
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
RE: Borrower/Current Owner:
Premises:
Town of Southold
4735 Cox Lane
Cutchogue, New York 11935
Reference: 25.3 acres
In reference with the above captioned transaction, enclosed please find the following:
AMENDED Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A
File No,: ST-S-8362
Policy No,: 0-8901-9064
Amount ofInsurance: $1,849,939.20
Premium: $7,619.00
Date of Policy: 5/11/2007
1. Name of Insured:
Town of Southold
2. The estate or interest in the land that is encumbered by the Insured Mortgage is:
Easements
3. Title is vested in:
The Town of Southold and The United States of America by and through The Secretary of Agriculture,
their successors and/or assigns, who acquired Developmental Rights by virtue of an easement from
Macari Associates, LLC, dated 5/11/2007 and to be recorded in the Suffolk County Clerk's Office.
4. The Land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A DESCRIPTION
File No,: ST-S-8362
Policy No,: 0-8901-9064
(AMENDED 2/7/07)
ALL that certain plot, piece or parcel ofland lying, and being at Cutchogue, Town of Southold, County
of Suffolk and State of New York, more particularly bounded and described as follows:
BEGINNING at a monument set in the Southwesterly side of Cox's Lane at the division line between
premises described herein and lands now or formerly Anne Marie Goerler Revocable Living Trust (Town of
Southold Development Rights) which said point is distant 752,03 feet Northwesterly from a railroad monument;
RUNNING THENCE along said last mentioned lands the following 2 courses and distances:
I, South 30 degrees 17 minutes 52 seconds West 616,\6 feet;
2, South 56 degrees 25 minutes 48 seconds East 562,18 feet to a monument and lands now or formerly LIRR;
THENCE along said lands ofLIRR:
I, South 47 degrees 53 minutes 22 seconds West 200,00 feet
2. South 56 degrees 25 minutes 48 seconds East 15.48 feet;
3, South 47 degrees 50 minutes 32 seconds West 329,80 feet to lands now or formerly RHX Corp.
THENCE along said lands now or formerly RHX Corp.;
I, North 56 degrees 36 minutes 48 seconds West 1301,46 feet;
2. North 34 degrees 22 minutes 00 seconds East 514,\4 feet to a monument;
3. North 55 degrees 39 minutes 00 seconds West 10.00 feet to a monument and lands now or formerly
Cutchogue Fire District;
THENCE along said lands now or formerly Cutchogue Fire District North 38 degrees 43 minutes 20
seconds East 552.12 feet to a monument and lands now or formerly Minnie Borawa;
THENCE along said lands now or formerly Minnie Borawa North 40 degrees 22 minutes 36 seconds
East 69.90 feet to a monument in the Southwesterly side of Cox's Lane;
THENCE South 56 degrees 22 minutes 13 seconds East 213.45 feet to the reserved area;
THENCE along the reserved area:
ALTA OWNER'S POLICY (6/17/06)
1, South 30 degrees 17 minutes 52 seconds West 200.00 feet;
2. South 56 degrees 22 minutes 13 seconds East 400.68 feet;
3. North 30 degrees 17 minutes 52 seconds East 200.00 feet to the Southwest side of Cox's Lane;
THENCE South 56 degrees 22 minutes 13 degrees East along the Southwesterly side of Cox's Lane
150,25 feet to the monument, the point or place of BEGINNING.
ALTAOWNER'S POLICY (6/17/06)
SCHEDULE B
PART I
File No,: ST-S-8362
Policy No.: 0-8901-9064
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of:
1. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed
by the Grantor and the Town of Southold.
2. Survey by Peconic Surveyors last dated 1/25/07 shows premises and more. Reading as to subject
premises as follow field edge of lawn from reserved area encroaches onto subject premises; hedge located
on part of Northwest line; wood straddle part of Easterly line.
9.
COVERED RISKS (Continued)
Title being vested other than as slated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order
providing an alternative remedy, of a transfer of aU or any part of the
title to or any interest in the Land occurring prior to the transaction
vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by
reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a
judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included
in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy
and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in
defense of any matter insured against by this Policy, but only to the extent
provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of lhis policy,
and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(m) the subdivision of land; or
(iv) environmental protection; 4.
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1 (a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5.
coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next
of kin;
(8) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
(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 (however, this
does not modify or limit the coverage provided under Covered Risk 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the
Insured Claimant had paid value for the Title.
Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of
this policy.
Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The tenn
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, but this does not modify or limit the
extent that a right of access to and from the Land is insured by
this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records"; Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk Sed), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court for
the district where the Land is located.
(j) "Tille": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
FileNo.:
Page 2
Serial No.: 0-
CONDITIONS (Continued)
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy
in favor of an Insured, but only so long as the Insured retains an
estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured, or
only so long as the Insured shalt have liability by reason of warranties
in any transfer or conveyance of the Title. 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 obligation secured by a
purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of
any liUgation as set forth in Section 5(a) of these Conditions, (ii) in
case Knowledge shall come to an Insured hereunder of any claim of
title or interest that is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by virtue
of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the extent
of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss. The
proof of loss must describe the defect, lien, encumbrance, or other
matter insured against by this policy that constitutes the basis of loss
or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to onty those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It 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 that allege
matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Titte, 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 to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of
this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the righI, in its sole
discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the
right to so prosecute or provide defense in the action or
proceeding, including the right 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 securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to
establish the Title or any other matter 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 matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for examination,
inspectlon, and copying, at such reasonable times and places as
may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports.
e-mails, disks, tapes, and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative
of the Company, the Insured Claimant shall grant its permission,
in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or
damage. All information designated as confidential by the
Insured Claimant provided to the Company p'ursuant 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 any reasonably
requested information, or grant permission to secure reasonably
necessary information from third parties as required In this
subsection, unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as
to that claim.
7. 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 pay
or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay. Upon the exercise by the
Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make
the payment required in this subsection. shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
(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. In addition, the Company will pay any
costs, attorneys' fees. and expenses Incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay; or
(ii) To payor otherwise settle 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 that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(l) 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 obligation to defend,
prosecute, or continue any litigation,
CONDITIONS (Continued)
File No.:
Page 3
Serial No.: 0-
II
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the djfference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured.
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it
shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(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, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written 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 Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule 8 or to which the Insured has agreed,
assumed, or taken subject. or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
v
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights
of the Insured Claimant in the Title and all other rights and
remedies in respect to the claim that the Insured Claimant has
against any person or property, 10 the extent of the amount of
any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the
Company of these rights and remedies. 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 and remedies. If a payment on account of a claim does
not fully cover the loss of the Insured Claimant, the Company
shall defer the exercise of its right to recover until after the
Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
rRules~). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters 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 in connection with its issuance or
the breach of a policy provision, or to any other controversy or claim
arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 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
$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the parties. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court of
competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it
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 that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to aU of its terms and
provisions. Except as the endorsement expressly states, it does
not (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (Iii) extend the Date of PoHcy~ or
(iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(c) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to
be given to the Company under this policy must be given to the Company
at Claims Department at 300 East 42"d St, 101h Floor, New York, NY 10017.
FileNo.:
Page 4
Serial No.; 0-
.
i
CLOSING STATEMENT
MACARI ASSOCIATES, LLC
to TOWN OF SOUTHOLD
Total Development Rights Easement - 25.6936 acres
Total Parcel Acreage - 27.5302 acres
Reserved Area - 1.8366 acres
Premises: 4735 Cox Lane, Cutchogue
SCTM #1000-96-2-p/o 10
Closing took place on Friday, May 11, 2007
at 1 :00 p.m., Southold Town Hall Annex
Purchase Price of $ 1,849,939.20 (based upon 25.6936 buildable acres @
$72,000/buildable acre) disbursed as follows:
Payable to Macari Associates, LLC
Check #91103 (5/11/07)
$ 1,849,939.20
Expenses of Closing:
Appraisals
Payable to Patrick A. Given, SRPA $
Check #76069 (4/20/04)
2,300.00
Payable to John S. Goess Realty Appraisal, Inc. $
Check #89037 (12/19/06)
2,950.00
Payable to Given Associates, LLC $
Check #89894 (2/27/07)
500.00
Survev
Payable to Peconic Surveyors, PC
Check #89775 (2/13/07)
$
4,800.00
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC
Check #90510 (3/27/07)
$
800.00
Title Report
Payable to Stewart Title Insurance Company
Check #91104 (5/11/07)
$
7,944.00
Fee insurance
Recording easement
Certified easement
Franchise Report
$ 7,619.00
$ 250.00
$ 50.00
$ 25.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #91102 (5/11/07)
Those present at Closing:
John Sepenoski
Lisa Clare Kombrink, Esq.
Joseph Macari, Sr.
louis Macari
Joseph Macari, Jr.
Abigail A. Wickham, Esq.
Donna McGahan
Timothy Caufield
Stephen Searl
Susan Q. Tuths, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
$
100.00
Southold Town Deputy Supervisor
Attorney for Town of South old
Seller
Seller
Seller
Attorney for Seller
Representative for A. A. Wickham, Esq.
Peconic land Trust Vice President
Peconic land Trust
Attorney for Peconic land Trust
Title Company Closer
land Preservation Coordinator
land Preservation Administrative Asst
,
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971.0959 5/11 CLOSING 091103
NO.
,
50-546
'"
THE SUFFOLK COUNT'( NATIONAL BANK
CUTCHOGUE, NY 11935
DATE
CHECK NO.
AMOUNT
05/11/200.7 91103 $1,849,939.20
ONE MILLION EIGHT HUNDRED FORTY NINE THOUSAND NINE HUNDRED THIRTY NINE AND
20/100 DOLLARS
PAYTO
THE
ORDER
OF
MACARI ASSOCIATES LLC
95-40 ROOSEVELT AVENUE
JACKSON HEIGHTS NY 11372
M" ~ (iJ ~~____.___.
./
'-
lI'O'H~Ojll' I:On1,OS1,I;1,I:
I; j 000001, Ou'
VENDOR OJ 7.823 MACARI ASSOe"TA1'RS T,Le"
"
O'i/ll !?007
r'URr'U
Q1 1 n~
'\
FrnJD s.. }'..CCOrnlT
r.o. # Ilf'v"OICIJ
DEJCRIF:FrCH
AHOUH'f
H2 .8686.2.000.000
051107
DEV RIGHTS-25.6 1,849,939.20
TOTAL
1,849,939.20
--------_./
TOWN OF SOUTH OLD . SOUTHOLD, NY 11971-0959
~GIVEN
ASS 0 etA T [ S
PATRICK A. GIVEN, SRPA
box 5305' 550 route 111 . hauppauge, n.y. 11788-0306
(631) 360-3474
FAX 360-3622
March 26, 2004
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
Re: Property of Macari Associates, LLC
S.C.T.M. #1000-84-4-1 and #1000-96-2-10
Located Westerly side of Cox Lane, Cutchogue, NY
File #2004045
GLIOBS 20
View I
Vendor.. 007416
Y~Select
JE Date Trx.Date Fund Account
------------------------- Use Actl
X 4/20/2004 4/20/2004 H3 .600
9/07/2004 9/07/2004 H3 .600
11/04/2004 11/04/2004 H3 .600
11/30/2004 11/30/2004 H3 .600
12/28/2004 12/28/2004 H3 .600
3/01/2005 3/01/2005 H3 .600
3/01/2005 3/01/2005 H3 .600
TOWN OF SOUTHOLD
** Actual Hi
GIVEN, SRPA/PATRICK
-------------------------------- E
F2~Shift Up F3~Exit FIO~Prev View
Select Record(s) or Use Action Code
$2,300.00
fB)~~~~W~fn1
lfll MAR 2 9 2004 Ud)
om Of LAND
PRESERVATION
Disburs Inquiry by Vendor Name
............. .Detail--GLI00N..............
W-04202004-235 Line: 157 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 4/20/2004 SDT 4/21/04 :
Trx Amount... 2,300.00
Description.. APPRAISAL-MACARI ASSOC
Vendor Code.. 007416
Vendor Name.. GIVEN, SRPA/PATRICK A.
Alt Vnd..
CHECK........ 76069 SCNB
Invoice Code. 2004045
VOUCHER..... .
P.O. Code.... 12074
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 4/20/2004
Date Cleared. 4/30/2004
F3=Exit F12=Cancel
. .
......................................... .
John S. Goess Realty Appraisal, Inc.
REAL ESTATE APPRAISERS AND CONSULTANTS
Office: (681) 650-9401
Ceu- (516) 817-9109
'L""',J,', /?:;>,/:/';;;;<' ,,'" " """ 'L'",>,:;,,;, ;i:";<,,~Y:i'
Invoice Number: Macari - Cox Lane PO # 16339
000 s. C..oess R#tr Appraisal, Inc. 12/7/06
~ Date
Vendor: John S. Goess Realty Appraisal, Inc_
28 Donna Place President
East Islip, NY 11730 t I%y J<M, s, Goe" Title
Federal Tax LD: 20-4414259 Melissa Spiro - Southold T 0l\11 . Dcpt of Land Preservtion
Goods or Services Delivered To
,i'; , <""~,i~:<:ji.~ "')iL,/ic ~ :i",,","'<;,;',,' 2,LDi}u
12/7/2006 SeD Contained Appraisal Report of Real Property
"Macari" - WIS of Cox's Lane, Slof Middle Road
4735 Cox's Lane - Cutchogue, NY
SCTM# 1000-96-2-10
Valuation of development rights' easement
Assigned: 11/02/06
-;:-:
In IE: lln lit II WI Ie: n
I LJ. ,"
II II
11.\i Ui;:. '- G /"/., ~
,
I...
I ~'; :-~'[~:,:-,,\~~~'
,- H_._,~ " "- -,--" .,_. --
FINAL IJILLING T olal Due [ $2,950
We thallK you lilr the UPPOltUllity to be of service and tn.Jslll1al you arc sali5fied with our work bul if; for aIlY reason,
you should have any questions or cOlwnenL<; conCCmJilg our suvices OF our JilVoice, please contact us IiI11JlCdia.tely.
KliJdly re]]]it payment wit/lJil 30 daF~'.
GLI0BS 20
View' 1
Vendor.. 010599
Y=Select
JE Date Trx.Date Fund Account
----------------------------- Begi
~ 12/19/2006 12/19/2006 H3 .600
TOWN OF SOUTHOLD
** Actual Hi
JOHN S GOESS REALTY
-------------------------------- E
F2=Shift Up F3=Exit FI0=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
............. .Detail--GLIOON..............
W-12192006-716 Line: 192 Formula: 0 :
: Account.. H3 .600 :
Acct Desc ACCOUNTS PAYABLE :
Trx Date..... 12/19/2006SDT 12/18/06 :
: Trx Amount... 2,950.00 :
Description.. MACARI APPRAISAL :
Vendor Code.. 010599
Vendor Name.. JOHN S GOESS REALTY APPR :
Alt Vnd..
CHECK........ 89037 seNB :
Invoice Code. 120706
VOUCHER..... .
P.O. Code.... 16339
Project Code.
Final Payment F Liquid.
: Type of 1099. N BOX. Add1.
Fixed Asset.. Y :
Date Released 12/19/2006
Date Cleared. 2/28/2007
F3=Exit F12=Cance1
. .
......................................... .
~GIVEN
ASS 0 G I ATE r.
548 Route 111 I PO Box 5305
Hauppauge, NY 11788
631-360-3474 Fax 631-360-3622
Bill To
Town of Southold
P.O. Box 1179
Southold NY 11971-0959
l
Invoice
Date
Invoice #
2/1/2007
232
Please make check payable to: GIVEN ASSOCIATES, LLC. File No. Terms
2006300 Due upon Receipt
Description Amount
Appraisal of Real Property of Macari Associates, LLC Located 500.00
4735 Cox Lane
Cutchogue, NY
S.C.T.M. #1000-96-2-10
Disburs Inquiry by Vendor Name
Hi ............. .Detail--GLlOON..............
LL W-02272007-365 Line: 123 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 2/27/2007 SDT 2/26/07
Trx Amount... 500.00
Description.. APPRAISAL-MACARI
Vendor Code.. 007416
Vendor Name.. GIVEN ASSOCIATES LLC
Alt Vnd..
CHECK........ 89894
Invoice Code. 232
VOUCHER..... .
P.O. Code.... 16511
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 2/27/2007
Date Cleared. 3/31/2007
F3=Exit F12=Cancel
GLl08S 20
View 1
Vendor.. 007416
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
1/30/2007 1/30/2007 H3 .600
X 2/27/2007 2/27/2007 H3 .600
3/13/2007 3/13/2007 H3 .600
3/13/2007 3/13/2007 H3 .600
3/27/2007 3/27/2007 H3 .600
TOWN OF SOUTHOLD
** Actual
GIVEN ASSOCIATES
-------------------------------- E
F2=Shift Up F3=Exit F10=Prev View
S~lect Record(s) or Use Action Code
SCNB
. .
.......................................................................... ..
PECONIC SURVEYORS, P.C.
P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
(631) 765-5020' Fax (631) 765-1797
.JANUARY 23RD, 2007
TOWN OF SOUTHOLD
P.O. BOX 1 179
SOUTHOLD NY 11971
ATTENTION: MS. M. DOROSKI
FOR P~tstoNA'L'"StRVICES RENDERED,
4,BOO.OO
SURVEY AS PER ~UOTE
SUFFOLK COUNTY TAX MAP
1000-96-02-10
~:~~~~~~::~~ ARNED~~~:~'~lI~:IOR
UPON COMPLETION.
'I..:,,^ AND MASTERCARD WELCOMED
GL108S 20
View 1
Vendor.. 016144
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
X 2/13/2007 2/13/2007 H3 .600
2/13/2007 2/13/2007 H3 .600
4/24/2007 4/24/2007 H3 .600
4/24/2007 4/24/2007 H3 .600
4/24/2007 4/24/2007 H3 .600
5/08/2007 5/08/2007 H3 .600
5/08/2007 5/08/2007 H3 .600
TOWN OF SOUTHOLD
** Actual Hi
PECONIC SURVEYORS,
-------------------------------- E
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
............. .Detail--GL100N..............
W-02132007-233 Line: 418 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 2/13/2007 SDT 2/12/07
Trx Amount... 4,800.00
Description.. SURVEY-MACARI
Vendor Code.. 016144
Vendor Name.. PECONIC SURVEYORS, P.C.
A1t Vnd..
CHECK........ 89775
Invoice Code. 07-102
VOUCHER..... .
P.O. Code.... 16346
Project Code.
Final Payment F
Type of 1099. N
Fixed Asset.. Y
Date Released 2/13/2007
Date Cleared. 2/28/2007
F3~Exit F12~Cance1
SCNB
Liquid.
BOX.
Add1.
. .
......................................... .
Nelson, Pope & Voorhis, LLC
5.72 W?lt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Property: 07004 Project: V A02295
Macari Property, Cutchogue
Manager: McGinn, Steven
Invoice
To:
Town of South old DeDt of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melissa A Spiro
Invoice #:
4731
March 14,2007
Invoice Date:
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS
$800.00
Invoice Amount
Contract Item #1: Prepare Phase I Environmental Site Assessment
Work Performed thru 1/16/07
Contract Amount:
Percent Complete:
Fee Earned:
Prior Fce Billings:
$800.00
100.00%
$800.00
$0.00
Current Fee Total:
$800.00
*** Total Project Invoice Amount
$800.00
TOWN OF SOUTHOLD
** Actual Hi
NELSON, POPE & VOOR
GL108S 20
View 1
Vendor.. 014161
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Actl
9/05/2006 9/05/2006 H3 .600
9/05/2006 9/05/2006 H3 .600
10/03/2006 10/03/2006 H3 .600
12/05/2006 12/05/2006 H3 .600
12/19/2006 12/19/2006 H3 .600
1/02/2007 1/02/2007 B .600
1/30/2007 1/30/2007 B .600
3/27/2007 3/27/2007 B .600
3/27/2007 3/27/2007 H3 .600
3/27/2007 3/27/2007 H3 .600
~ 3/27/2007 3/27/2007 H3 .600
4/10/2007 4/10/2007 B .600
4/24/2007 4/24/2007 H3 .600
-------------------------------- E
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
..... e........ .Detail--GLIOON..............
W-03272007-684 Line: 289 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 3/27/2007 SDT 3/26/07
Trx Amount... 800.00
Description.. PHASE 1-MACARI DEV RGHTS
Vendor Code.. 014161
Vendor Name.. NELSON, POPE & VOORHIS,
Alt Vnd..
CHECK........ 90510 SCNB
Invoice Code. 4731
VOUCHER..... .
P.O. Code.... 16506
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 3/27/2007
Date Cleared. 3/31/2007
F3=Exit F12=Cancel
. .
......................................... .
,
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD,NEWYORK11971-0959 5/11 CLOSING 081104
NO,
"'
50.546
'"
THE SUFl'OlK COUNTY NATIONAL BANK
CUTCHQGUE, NY 11935
DATE
CHECK NO.
AMOUNT
05/11/2007 91104
SEVEN THOUSAND NINE HUNDRED FORTY FOUR AND 00/100 DOLLARS
$7,944.00
PAY TO
THE
ORDER
OF
STEWART TITLE INSURANCE CO.
125 BAYLIS ROAD, SUITE 201
MELVILLE NY 11747
~~
M"
'-
./
1I"0"l ~ ~OI,II" 1:0 2 ~I,O 51,(;1,1:
(; j 00000 I, Oil"
\TI':NDOR 01 'lh?4 ~'1'I':WIIR'1' '1'T'1'T,1': Tl\lC:TTRIINrl': ro
,-
00; III 1?007
. ,
("'~P("'l(
9'10<1
"
rUl'JD & ACCOUl'J1'
F .0. # II~vTOICE
DE3CRlfl'fICN
kJ.IOUN'f
H2 ,8686.2.000.000
H2 .8686.2.000.000
H2 .8686.2.000.000
H2 .8686.2.000.000
ST-S-8362
ST-S-8362
ST-S-8362
ST-S-8362
TITLE POLICY-MACARI 7,619.00
EASEMENT REC FEE-MACA 250.00
CERT COPY EASEMNT-MACA 50.00
FRANCHISE REPORT-MACAR 25.00
TOTAL
7,944.00
'-
./
TOWN OF SOUTHOLD . SOLJTHOLD. ~JY 11971-0959
~
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD. NEW YORK 11971-0959
50-546
214
"\
5/11 CLOSING 091102
NO.
THE SUFFOLK COUNTY NATlONAl6ANK
CuTCHOGUE, NY 11.935
DATE
CHECK NO.
AMOUNT
ONE HUNDRED AND 00/100 DOLLARS
05/11/2007
91102
$100.00
PAY TO
THE
ORDER
OF
PATRICIA FALLON
40 WHITE OAK LANE
SOUTHAMPTON NY 11968
~~
'--
NP_____
./
11'0'1 ~ W 211' 1:0 2 ~"05"b"l:
b 3 00000.. Oil'
VRl\TnnR n(lr:;()l ~ Dl:J.'T'RTr'Tn. R7J.T T.n1\T
r
05/'J/'200'7
CF.I~CK
911Q3
'\
FUND I> ACCOUWI'
P.O. I} IN"vOICIi
J)BbCK.L~Y:L01\l
AlVjU Ul\ll
H2 . 8686 . 2 . 000 . 000
ST-S-8362
TITLE CLOSER-MACARI
100.00
TOTAL
100.00
'-
_J
TU'NN OF SOUTHOLD. SOUTHOLD, ~N 11971-0959
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MELISSA A. SPIRO
LAND PRESERV AnON COORDINATOR
melissa.spiro@town.southold.ny.us
MAILING ADDRESS:
P.O. Box 1179
Southold. NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Peconic Land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, Land Preservation Coordinator
Date:
May 11, 2007
Re:
MACARI ASSOCIATES. LLC to TOWN OF SOUTHOLD
plo SCTM #1000-96-2-10
Development Rights Easement - 25.6936 acres
Please be advised that the Town has acquired a development rights easement on the agricultural land listed
below. If you would like additional information regarding the purchase, please feel free to contact me.
LOCATION:
4735 Cox Lane, Cutchogue
SCTM #:
part of 1000-96-2-10
PROPERTY OWNER:
Macari Associates, LLC
PURCHASE DATE:
Closing took place on Friday, May 11, 2007
PURCHASE PRICE:
$1,849,939.20 (based on 25.6936 acres @ $72,OOO/buildable acre)
TOTAL PARCEL ACREAGE:
27.5302 acres
EASEMENT ACREAGE:
25.6936 acres
ZONING:
A-C
FUNDING:
Community Preservation Funds (2% land bank)
MISCELLANEOUS:
This property is listed on the Town's Community Preservation Project
Plan. At a simultaneous closing, Peconic Land Trust, Inc. purchased fee
title to the entire parcel after the Town purchased development rights to
part of the parcel. This project is on an awarded federal grant and the
Town will receive partial reimbursement of the purchase price from the
USDA-NRCS.