The URL can be used to link to this page

Home My WebLink AboutMeyer, Sandra J f/k/a Scott Sandra J & John G III Baseline Documentation 1000-96-5-14 (f/k/a 1000-102-2-p/o 23.4) 1000-102-2-23.7 (f/k/a 1000-1 02-2-p/o 23.5) SANDRA J. MEYER (f/kla Sandra J. Scott) and JOHN G. SCOTT III To TOWN OF SOUTHOLD 9.0 acre development rights easement Deed dated September 23, 2004 Recorded October 4, 2004 Suffolk County Clerk - Liber 000012347, Page 003 SANDRA J. MEYER (f/kla Sandra J. Scott) to TOWN OF SOUTHOLD 6.0 acre development rights easement Deed dated February 9, 2006 Recorded February 21, 2006 Suffolk County Clerk - Liber 000012436, Page 819 . 1000-96-5-14 (flkla 1000-102-2-23.4) . Baseline Documentation Premises: 31025 Main Road (Route 25) Cutchogue, New York . 9.0 acres Development Rights Easement SANDRA J. MEYER f/k1a SANDRA J. SCOTT and JOHN G. SCOTT III to TOWN OF SOUTHOLD Deed dated September 23, 2004 Recorded October 4, 2004 Suffolk County Clerk - Liber D00012347, Page 003 -..-- - . SCTM #: 1000-96-5-14 (f/k/a 1000-102-2-p/o 23.4) Premises: 31025 Main Rd (Rt 25) Hamlet: Cutchogue Purchase Price: $202,699.00 (8.813 buildable acres @ $23,000/acre) Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes . Total Parcel Acreage: 20.16 acres (subdivision of 45.2548 acre farm approved by Planning Board on 9/13/04) Development Rights: 9.0 easement acres (includes 0.187 right of way excluded from purchase price) Reserved Area: 11.1666 acres Zoned: A-C Existing Improvements: none on easement in September 2004 . , I I I I I I I , I I I I I I It I A. DESCRIPTION 1. LAND The subject is a parcel of land having an area of 10.00:t acres. It is part of a larger parcel which has an irregular shape with a width ranging from a minimum of 370:t' to a maximum of 520:t' with the majority being 500:t'. Its north-south dimension is approximately 4,OOO:t'. The property has 370:t' of frontage along the northerly side of Main Road (SR 25). The property is encumbered along the majority of its easterly border, to a depth of 11', by a right of way which provides access to and encumbers several other properties neighboring the subject. The subject is a 1 O.OO:t acre area centrally located on the above described property. The appraisers have not been furnished a survey depicting the actual subject (appraised) portion of the overall property. The above dimensions are taken from the Suffolk County Tax Map and the last deed on record for the subject. fie have included a copy of the Tax Map in the addenda to this ! report. Utilities (electric and telephone) are available along the property's road frontage. Main Road is a two way, two lane, publicly maintained macadam paved road. Public water is not available to the subject. In the addenda to this report, we have included a copy ofthe Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion of. The property has a generally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is in use for agricultural purposes. ~GIVEN 19 A 55 Del AT[ S I. I I I , , , ~ ~ ~ . . . ~ . .. ~ ~ A. DESCRIPTION (CONTINUED) 1. LAND (CONTINUED) Land use surrounding the subject is primarily vacant and improved residential properties. 2. IMPROVEMENTS The subject is unimproved vacant land. B. PRESENT USE AND OCCUPANCY The subject is presently vacant farmland. ~GIVEN ASS ~ C I A T ( S , / 20 . P R o P E R T Y . V I S U A L S . I Ie 'e I Ie SUB.JECT PHOTOGRAPHS ... - '~ ;!,.~.. I"" ~ '" ". "- -~-=- - - ~, ~...- .,. .. ~ View of Subject Area - Facing Northerly ~~TVFN 69 } ",.uii:ii!JF~...~"',,>&. II SUBJECT PHOTOGRAPHS I. r I I ~ I I I I I I View Westerly Along Main Road I .. I /' I I I I I I I. I View Easterly Along Main Road . ~GIVEN 7( . . . . . I . ~~ .(:~ '" ~~ <> ,.., ,<<< " ~, ~ G) " ~<, i '~<"J .~.~ m-i @ .@ ~.t-t: ~ '0 = )11.]"'''' """,,,_,W€lUt 6, FlllIPt:l-NO. msEC.NO. . tll<:-lI2-002.J L . .f" ''I . "" 11.4,Uc1 @ " . ...... . . .. ;;~ .;~\ . . [ Tax Map Location ) 71 I I ',-j '\ I -~-. , '. ------\ A-C \- ~\ ........ \-, ~ \, \' \l:\ - I ~, \ .., \ ,- \\ " , I- \-' \.- \ , I ~ I c< '. \ \ 1 ~ " \ -c \ \ \ \ I \ .. , I I I I 1---.. ; ~ I I \ ( Zoning Map) 72 . E N V I R o N M E N T A L . . s U M M A R y I Ie I I I I I I I ,. I I I I I I Ie I I Phase I Environmental Site Assessment Scott Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The overall property is a 45.7-acre parcel of agricultural land with a single-family dwelling and a barn. This report addresses approximately 9.0 acres of vacant agricultural land within the 45.7 acres located approximately 1,300 feet northwest of Main Road (SR 25) and 1,300 feet northeast of Depot Lane. The property is more particularly described as Suffolk County Tax Map # 1000-102-02-p/o 23.4. The subject parcel is presently covered with low grasses. An inspection of the approximately 9.0 acres which comprise the subject property did not reveal any dumping or debris, staining, residue, odors, or stressed vegetation. Several pieces of farm equipment and debris were observed in the vicinity of the southeastern portion on the property. This area is behind greenhouses and may belong to Pinewood Perennial Gardens, which is adjacent to the subject property. Aerial photographs from 1961, 1969, 1976, 1980, and 1994 were reviewed. The aerials identify the subject property as farmland throughout this period. An extensive government records search found no potential sources of environmental degradation on the subject property. One (l) State documented closed spill incidents was noted in the vicinity of the subject property. This closed spill incident is located approximately one- half (0.5) mile to the north and is not expected to adversely impact the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, the following recommendations are provided: 1. The farm equipment and debris located near the southeastern property line should be removed and properly disposed of if it is located within the subject property. ~CM ..POWiir NELSON. POPE .s. VOORHIS, LLC ENVIRONMENTAL . PLANNING . CONSULTING I Ie I I I I I I I " I I I I I I ~ FIGURE 1 LOCATION MAP Scott Pro e p rty, Cutchogue Phas I ESA :B.~'i>\"+' 8 ~ ~ Clih:hogU.Hilrbar Source: DeLo Scale: Not t nne Street Atlas o Scale :+ .INt i N"S~P&W ENvIRC.N~A~ ~~ ":c NC,. CCJf',JSULTJNC; II .. I I I I I I I fj I I I I I I ~ I ~Ilt&W ~~"""""""''''\it''_''. ","'-IF"""...l'ME'-IT!'I....' ..~,C;~'=o'\su...,."C; I FIGURE 2 Scull P,-ul'crt,y, Cutchnguc Ph.s I ESA SITE MAP Source: GeoMaps Aerial Photogmphs 1999 Scale: I" = 200' ' NORTII + I I I " I I I I I I \. I .PaIr >1--.......................",,,_,,: ~F""""--l\,."="TI'L..""\..IIN'lIr\G.:;oI\.su..-r"\G I I -. I I I I FIGURE 3 Scutt Property, Cutchoguc Pha. I ESA WATER TABLE MAP ."533 , , ,../t. " ;/' . , .~'\-, , '. J;-' / ,,0/ ',,' 6101~ "''''--, ~j..';, +... , .. '" t .", ' --.,. ,..1r~~. ~-. /;~~~~.-' /hAj' ""~~~" ~l ,<j)>"53338 , . . , ..' 1672 ';.~, . \) / j'.....- \ ~A w . toxiniate";r I,I . '\ / .~ 24~?'/ 53328 ..' ./. ,,0';// /. e LQ€ ."rOtir:)i;1234 . 53326 ~" ,~65606 t, ", _\.t~?{".,., .. :t-,,;~\ /../ '',.,,- , \'t':. : \~... fi~ ._!,,;:~>,~~u_.- t-,.. ~I ,/,../' ,./ .._//~., '_. //~/ -". ~t, f.A // \... - ---.n _ _ '_'I! ~-~~_ / / ,,' //71045.1'4<< . 33i~/ .,\;~:~>/ /// 'k,.:/t~1605~! 7' , \ \) '~~~1i / "/ / )"53324 ). "~I$'.'?'" / ,.Jd 5 322 " .......'.\'..( lL../r:',._.\;. /\,';.. .;:'~ . (,/ / j.__si:;~~.r., \ / ~ t~. ...../ ,., tJr::::;-.J '__, \ \) 533 ~ , .;'\~;3327 -~~",,/ "~hW,\\, 1,., --", '.I'~ '. \ i'. \/ ,/ ~ 1....4A~\ 533250 ..2\ j Y ~~:,:l:\o--' ,_ t;; ~"~ \\, ...:----;;.~.... )":':_':;'If/'/~/~,_..) f' - , . ,-' .' \ ,< ,:'. .Jt..j.,~\ .53333 _, _~~J!:'Jj>-.'39';6~~.- ;~::>~~~h- )-~" 'i . ..../ :!{~'::)~. ' -- !c.n,. '. ..p 655.B..~1Ii.. \.; '. .' - 7.71" \JmUt;-.iS \ ," .$f, \ . ~/ \ IS. ~! \ .'i // 1,fTTLF: Il[CO\IC 13!\ Y \// /\. "', /" \ "L \'f/~ ~ . -"\. Source: Suffolk County Water Table Map, 1999 Scale: 1" = 8,000' NORTII + -~ --_.._--~---_..._.._..., - _" Taxies Targeting " 1 Mile Radius Map ", Scott Property Southold, NY 11935 - - - ~~/ ~ , , '" [: .--= , o , 118 , 114 , 1/2 Distance in M~es - .-----l .+. ... .Iff' _r---j?':3/ tp~ . Suffolk County ,Il., NPL, CERCLlS, NYSDEC Inactive Hazardous Waste '-u' Disposal Regisby or Registry Qualifying Site IT] Hazardous Waste Treater, W Storer, Disposer ffi Hazardous Substance W Waste Disposal Site /".... Major Oil '-./ Storage Facility rC:>l Solid Waste l:()J Facility ,..-:- -] $;1. L".,,,.~~___ Location Waterbody Minor Roads Major Roads County Border ~_l!M'-b"ll. Expressways I-t ~-r+ Railroad Tracks 112 Mile Radius 1/BMile Radius _ 1Mile Radius 1/4 Mile Radius ------~----~--- ----~------ -~__~_n 1I/III4'_JII/!M Taxies Targeting 1/2 Mile Radius Map Scott Property Southold, NY 11935 - - - - - - - - - - /' /' / / / / ~-- -- - --.. --... ..-- /- - , ~ , / ""<" - ,/' ~ '-"- / ~" , ~, ,/ ~ / -~- ' / .. / / , / I I I , \ \ ~<., ., \ ' , \ \ , \ "- "- "- , \ , I . I .. I . I , I , / ? , ~ \ ..:::::::--- \ ~ , \ \ . \ ~""-""==-'='""""" -, " . "- . '\ , I , I .. ! " I . I . \ . \ . '\ , ..... . '. '-",........ " , ;//"', fi ,,~_ , 112 . " '" ~ ''\ j )~ / ~ .. / / .. {' / I~ / 5 -,//~r~ ,>"Jr"~--- -,/ r~ ----' ~ ~4 , , o 1/16 1/8 Distance in Miles " " Scott Property 'I I ,.11 "= , 112 , 1/4 .+, . c;::.., MTBE Gasoline \lY Additive Spill * Hazardous Material Spill ['--' Sit. _~~....._I Location ~ Minor Roads Major Roads liM.,S?III"':'f Expressways - 1 Mile Radius 1/4 Mile Radius .- .-r-'~"'~' ~ d9 ?y~ Suffolk Counly Waterbody County Border ~.--t-t-+-+ Railroad Tracks 112 Mile Radius 1/8 Mile Radius . ------~.._----------_._". Toxies Targeting 1/4 Mile Radius Map Scott Property Southold, NY 11935 - - - - - - - ,- .~ ~ '~ =>=-..-",""""'" "'--""""", ...... '- " " , "- , " , '\ , '\ .If {\~,/'" '<,\. J\ ,,;( \ ,) II \ " \ . I I . I . I . f ;( I " // J~~ / If '" /,/ J 'X .' ". ..-/''1, .-/ I ~~ ~",j , , 114 .- ~ .- ~~~ /,/ ~ . ~" ./ ~./ <'-'- ,/ "~ ;' ~ , ~, / ~~~ " ~~ . ~ ! ~~ . ~~ ! ~~ , ~ I ~~ i ~ . ~ I . Scott Property ~ "4 , '-~ I " , . \ . \ . \ . \ , \ , '\ , "- , " , "- , "- , -~ ....., -'.... "'''''''''''''''- :I if' , , o Distance in Miles 118 ~----- --~- - -- -- ------ , 114 .+. . A Chemical Storage ~ Facility * Toxic Release \7 Wastewater V Discharge Petroleum Bulk . Storage Facility [-.-JSite . Location .<:';;'~2 Minor Roads Major Roads ~ Expressways - 1 Mile Radius 1/4 Mile Radius ..- ;tr{;,'.-:1.~ ~/ Suffolk County Hazardous Waste 181 Generator, Transp. :F Ak ~ Release 'r-f Civil Enforcement J-..I,. Docket Facility Waterbody I--I-"t---f-+- County Border Railroad Tracks 1f2Mile Radius 1/8 Mile Radius - - - - - - - ",,==,,"'O-==--=-''''==-_ --- """""''''-..., ..... . " ~ ~.' "" , ~"-. /.:- ~ - "~ / ~" / ~ I "~" , ,,~ I """., " , , ~ ! ~"'- ,. , , ,,~ ! "~ I , . ~ I . Scott Property ~ "\4, '", ./ ; "~f , ~ ~/,,/(Ij \ / . \ , \ , \ , \ , \ , " , "'- . " , , " ..... '\tr "-"" ~ } '- "''''''''''''=--"",=,.. , 1/4 , o Distance in Miles , 1/8 ~--- ---;:~-~---- ---~~-~ , T oxics Targeting 1/4 Mile Closeup Map Scott Properly SouIhold, NY 11935 - , \ , \ . \ " \ . , I . ! . I . ! , ! , I . I , I' , / , / , N .+. 5 r /6~' 1;;;;:;:)/ "- " , "- , "'- , " , " , \ , ~~ ~ "~ " .. //''' '~6 ./1 , ~.' , -"".- , -=.~~~ ~ i ~"-,;; "'0- Suffolk County O NPL, CERCUS, NYSDEC Inactive Hazardous Waste Disposal Registry or Registry Qualifying Site .. EE Hazardous Waste Treater, f.A:.\ MTBE Gasoline Storer, Disposer .. \lY Additive Spill IT\. Hazardous Substance \J7 Waste Disposal Site .. O Major Oil Storage Facility .. A. Chemical Storage ~ Facilityu" * Toxic Release H* tC.>I Solid Waste 1(:)1 Facility" * Hazardous Material Spill ft. Hazardous Waste 181 Generator, Transp. ~ Air Release ,.... \7 Wastewater V Discharge.u ):( Civil Enforcement Docket Facility u. Petroleum Bulk · Storage Facility *u [~ Site Location Waterbody Minor Roads Major Roads County Border Railroad Tracks ~'M Expressways I--+-+-+-t- - 1 Mile Radius 1/2 Mile Radius 1/4 Mile Radius 1/8 Mite Radius , 1/4 * 1 Mile Search Radius *-1/4 Mile Search Radius "''''112 Mile Search Radius . p U B L I C . H E A R I N G . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 552 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2003: . RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav, September 9, 2003, at 8:20 p.m" Southold Town Hall, 53095 Main Road, South old, New York as the time and place for a public hearine: for the purchase of a development rie:hts easement on ae:riculturallands for a certain parcel of property owned bv Sandra Scott and John Scott. Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue. The property is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue, in Cutchogue. The proposed development rights easement comprises approximately 9 acres of the 43.294 acre farm. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The exact area ofthe development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $23,000 (twenty-three thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall, Feather Hill . . . . Annex, Southold, New York, and may be examined by any interested person during business hours. Ptr~a~-'tJ... Elizabeth A. Neville South old Town Clerk ,r LEGAL NOTICE OTICE OF PUBLIC HEARING . NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board ofthe Town of Southold hereby sets Tuesdav. September 9. 2003. at 8:20 p.m.. Southold Town Hall. 53095 Main Road. Sonthold. New York as the time and place for a public hearine: for the purchase of a development rie:hts easement ou ae:riculturallands for a certain parcel of property owned bv Saudra Scott and John Scott. / . Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue. The property is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater A venue, in Cutchogue. The proposed development rights easement comprises approximately 9 acres ofthe 43.294 acre farm. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $23,000 (twenty-three thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. . FURTHER NOTICE IS HEREBY GIVEN that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: August 26, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON SEPTEMBER 4. 2003. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICA nON TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. . Copies to the following: Traveler Watchman Melissa Spiro Town Clerk's Bulletin Board Town Board Members Town Attorney Scott tlzlo'3 ,.. r ~ :>.c>u . . . SOUTHOLD TOWN BOARD PUBLIC HEARING September 9,2003 8:20 P.M. HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF SCOTT, SCTM #1000-2-23.4. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councihnan John M. Romanelli Councilman Thomas H. Wickham * * * * Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to .he provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Funlofthe Town Code, the Town Board of the Town of Southold hereby sets Tuesday. September 9. :'003. at 8:20 p.m.. Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearin!!: for the purchase of a development ri!!:hts easement on a!!:riculturallands for a certain parcel of property owned by Sandra Scott and John Scott. Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue. The property is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue, in Cutchogue. The proposed development rights easement comprises approximately 9 acres of the 43.294 acre farm. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, pl~or to the contract closing. The purchase price is $23,000 (twenty-three thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE IS HEREBY GIVEN that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. I have here a notification that this hearing has been duly applied in the newspaper and that it has appeared on the Town Clerk's bulletin board outside. Are there any additional communications? I have nothing else in the file for this one. . . . September 9, 2003 Southold Town Board-Public Hearing 2 MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As noted, this hearing is for the purchase of development rights on approximately 9 acres of the Scott proPerty in Cutchogue. In 200 I, the town worked with the Scott's and purchased a development rights easement on 23 acres of the 43 acre farm. This left approximately 20 acres on which the development rights remained intact. Earlier this year Sandra Scott approached the Preservation Committee with a proposal to sell an additional 9 acres of development rights to the Town. Sandra Scott is also before the Planning Board to subdivide the existing 23 acres with the development rights already sold to the town from the remaining 20 acres. The 9 acres are adjacent to the existing land on which the development rights are sold. There is currently an existing dwelling and accessory structures towards the Main Road side of the property. The area with these structures and the Main Road frontage are not part of the current development rights purchase. The property is located within the AC Zoning District. It is included in the Town's Community Preservation Plan and it is shown as farmland on the Town's Farm and Farmland Protection Strategy. In addition to the prior purchase of the development rights from the Scott Farm, the Town owns the development rights on the properties to the east and to the west of the northerly part of the Scott farm. The purchase price of $23,000 per acre is supported by an appraisal. Both the Land Preservation Committee and I support this development rights acquisition, and reco;nmend that the Town Board proceed with the acquisition. Sandra Scott is not here tonight, but I would like to thank her family for offering the development rights to the town on this significant piece of farmland, which increases a nice block of farmland in the Cutchogue area. Thanks. SUPERVISOR HORTON: Thank you, Melissa. Would anyone else care to address the Board on this public hearing. BUD P APISH: My name is Bud Papish, we have been in Southold for quite a while. In fact, on Boisseau Avenue we had a potato house that is now the Suffolk County Waf'.;r Authority building. I live in Mattituck on Ole Jule Lane for the last 50 years, I guess and before thd I had a tractor business on Sound Avenue right where the four-lane highway starts. I have a few complaints, this is the first time I have ever been here. SUPERVISOR HORTON: Sir, is this, if I could just ask you quickly, is this about the public hearing that we are in the midst of? Specific to this land acquisition? MR. PAPISH: I don't know; I am new to this. SUPERVISOR HORTON: Well, let me, if you don't mind because I certainly want you to get your thoughts across... MR. PAPISH: I got thrown out of here once. SUPERVISOR HORTON: I won't throw you out, as long as you don't throw me off the bench here right now. Would anyone else care to address the Board on this public hearing in relation to this land preservation initiative" (No response) Any comments from the Board? (No response) MR. PAPISH: I think it is a good deal. . . . September 9, 2003 Southold Town Board-Public Hearing 3 SUPERVISOR HORTON: There you go, now you are in the public hearing. We will close this public hearing. * * * * * * C'1YdR'~a~ Elizabeth A. Neville Southold Town Clerk , / . S E Q R A . R E S o L U T I o N . . . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 577 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SPETEMBER 9, 2003: WHEREAS, the Town Board of the Town of South old wishes to purchase the development rights of a certain parcel of property of agricultural lands owned by Sandra Scott and John Scott, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of South old. Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue and is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue. The development rights easement comprises approximately 9 acres of the 43.294 acre farm. There is an existing developulent rights easement on 23 acres of / the 43.294 acre parcel. The 23 acre area on which there if, an existing easement is proposed to be subdivided from the remaining approximately 20.294 acre. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee. The purchase price is $23,000 (twenty-three thousand dollars) per acre; be it therefore RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further . RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board ofthe Town of Southold hereby finds no sil!nificant impact on the environment and declares a nel!ative declaration pursuant to SEORA Rules and Rel!ulations for this action. P~C7.Q~lt. Elizabeth A. Neville Southold Town Clerk . . . . . 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS only PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPLICANT ISPONSOR: Southold Town Board 12. PROJECT NAME: So..D.. ,,",..tt. '3'"o.JlS,..of1-!;toJ (1\\.A;... L. 3. PROJECT LOCATION: SoY~OL-K Munidpality: ~U"'T"t'\O'- ~ \0"\1 #oJ County: 4. PRECISE LOCATION: (Street address and road Intersectfons, prominent landmarlcs, etc, or provide map) ~M""'IOOO.I"~ .,."2."i.,,\ ~l>:2..'" (1'\M/Il~.."b,<:....c~UI!O /VIo.~". <1.-\ "I."'....~ /) . IJ!5 /IIc>'N'ilJ~ ~I'~' f"<l$+ .sf- i,,-\-.(....c+;on c>~ s. IS PROPOSED ACTION: r:lNewD Expansion 0 Modification 6. DESCRIBE PROJECT BRIEFLY: r(\- ~ ~1 IOWi'. ~e\()~~.e.#~,~\...~ ~Mt"'.t 'rIJ'(C; -.e 7. AMOUNT OF LAND AFFECTED: q INrrALLY '" acres Ul TIMATEl Y acres ~: PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes 0 No If No. describe briefly 9. WHAT IS PRESENT LAND usF/ IN VICINITY OF PROJECT? , Industria''J::3:::l Agrlwlture 0 0 Jil::J ~ ! 0 Parl</Foresl/Open space Other ResJdential Commerc I'al Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL V FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? D FJ If yes, list agency(sj and permlt/approvals Yes No 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? D Yes ~ NO_If yes, list agency(sj and permlt/approvals 12. AS RESULT OF PROPOSED ACTION WILL EXImNG PERMIT I APPROVAL REQUIRE MODIFICATION? 0 g Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Name: AliS'\A Sv,no Oate: '/1/03 /YYJ,/. , ( " ( Signature If the action Is In the Coastal Area, and you are a state agency, complete the Coastalll..ssessment FornI before proceeding with this assessment ;t"r b L..h. qr~(.") . . . . PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACOON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 0 vesrJ No If yes coorrfinate the review process and use the fuR EAF B. WILL ACOON RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACOONS IN 6 NYCRR, PART 617.67 0 Yes ~ No If no, a negative dedaraticn may be suspended by another in_ agency C. COULD ACOON RESULT IN ANY ADVERsE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or di1J~I, potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: O. ~etation or fauna fishes shellfish,. or wildlife species, significant habitats, or threatened or endangered spedes7 Explain briefly: C4. ~munlty's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? ExpN~brlefly: CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. f;fg term, short term, cumulative, or other effects not identified In CI-C5? Explain briefly: C? btKer Impacts (Indudlng changes In use of either quantity of type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA7 0 Yes~ No E. IS THERE, OR IS THERE UKEL Y TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? o ve,lf No 0 PART m- DETERMINATINI OF SIGNIFICANCE (To be completed by Agency) INSTRUCIlONS: For each acJOrSe effect identified above, determine whether ~ Is substantial, large, or otherwise slgnlficanL Each effect should be assessed In connection with ~ (a) selling O.e. urban or rural); probability of occurring; (e) duration; (dO Irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or referenoe supporting materials. Ensure that explanations contain sufIicIenl detail to show that all relevant adverse Impacts have been identified and adequately addressed. If question D of part If was checked yes, the determination and signlficanoe must evaluate the potential Impact of the proposed action on the environmental characterislics of the CEA. 0 Check this box If you have identified one or more potentially large or significant adverse Impacts, which may occur. Then proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. ~ Check this box If you have determlrid, based on the Information and analysis above and any supporllng documentation, that the proposed action WILL NOT resu~ In any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: '\S Sou"n'\-o\"'Q "\0...."" oA-n. ~ 3Os.HIJ A '1. ~\..n..\""N Nameof~ s,u:\l.f r v \ '> .. "- Print of type Name of Responsible Officer In Lead AgeI1C'( ~~~ Signature of Responsible Officer In Lead Agency Ict!:Jl.of prepare(1f dlffe t from of responsible officer) . p U R C H A S E . R E S o L U T I o N . . . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 594 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SPETEMBER 9, 2003: WHEREAS, the Town Board of the Town of South old held a public hearing on the question of the purchase of development rights on the property owned by Sandra Scott and John Scott on the 9th day of September 2003, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue, and is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue, in Cutchogue; and WHEREAS, the proposed development rights easement comprises approximately 9 acres ofthe 43.294 acre farm. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The 23 acre area on which there is an existing easement is proposed to be subdivided from the remaining approximately 20.294 acre area. The exact area ofthe development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and . . . WHEREAS, the property is adjacent to, and in the vicinity of, other fannland on which the development rights have been acquired; and WHEREAS, the purchase ofthe development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; and WHEREAS, the purchase price is $23,000 (twenty-three thousand dollars) per acre and the exact art:a of the purchase is subject to a survey acceptable to the Land Preservation Committee; be it therefore / RESOLVED that the Town Board ofthe Town of Southold hereby elects to purchase the development ril!hts of a certain parcel of property of al!riculturallands owned bv Sandra Scott and John Scott, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-102-2-23.4 and as 31025 Main Road, Cutchogue and is located on the north side of Main Road, approximately 200 feet east of the intersection of Main Road and Stillwater Avenue. The development rights easement comprises approximately 9 acres of the 43.294 acre fann. There is an existing development rights easement on 23 acres of the 43.294 acre parcel. The 23 acre area on which there is an existing easement is proposed to be subdivided from the remaining approximately 20.294 acre. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee. The purchase price is $23,000 (twenty- three thousand dollars) per acre. 1"'+' /f'4o.r;-,,/a. Elizabeth A. Neville Southold Town Clerk . C L o S I N G . S T A T E M E N T . . CLOSING STATEMENT JOHN G. SCOTT, III and SANDRA J. MEYER f/kJa Sandra J. Scott Development Rights Easement - 9.0 acres Premises: 31025 Main Road, Cutchogue $23,000/acre (9.0 acres - 0.187 right of way = 8.813 acres) Part of SCTM #1000-102-2-23.4 Closing took place on Thursday, September 23, 2004 at 2:30 p.m., South old Town Hall Purchase Price of $ 202,699.00 disbursed as follows: Payable to Sandra J. Meyer $ 202,699.00 Check #078242 (9/23/04) Expenses of Closing: Appraisal $ 1,900.00 . Payable to Given Associates Check #071014 (3/25/03) Survev $ 1,850.00 Payable to Peconic Surveyors, P.C. Check #074358 (12/2/03) Environmental Report $ 1,350.00 Payable to Nelson, Pope & Voorhis, LLC Check #074929 (1/20/04) Title Report $ 1,473.00 Payable to Stewart Title Insurance Company Check #078244 (9/23/04) Fee insurance $1,223.00 Recording deed $ 250.00 Title Closer Attendance Fee $ 75.00 . Payable to Peter Stavrinos Check #078243 (9/23/04) . Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. John G. Scott, III Sandra J. Meyer f/k/a Scott Mary Lou Folts, Esq. Peter Stavrinos Melissa Spiro Melanie Doroski . . Southold Town Supervisor Attorney for Town of South old Seller Seller Attorney for Sellers Title Company Closer Land Preservation Coordinator Administrative Asst to Land Preservation VENDOR 013603 SANDRA J. MEYER r 09/23/2004 CHECK 78242 AMOUNT "'"' FTThm r. n. ("'l(""t1TTh.T'T' P () :Ii TNVOTl'R DF.SCRTPTION DEV RIGHTS-8. 813 TOTAL 202,699.00 202,699.00 H3 .8660.2.600.100 092304 . . ..... ./ TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx.Date Fund Account ... 12;D3;2DD2-12;D3;2DD2-H3-.~g~ Acti . . 12/03/2002 12/03/2002 H3 . bOO . . 12/17/2002 12/17/2002 H3 .bOO 12/17/2002 12/17/2002 H3 .bOO 1/0712003 1/07/2003 H3 .bOO 1/07/2003 1/07/2003 H3 .bOO 3/11/2003 3/11/2003 H3 .bOO 3/11/2003 3/11/2003 H3 .bOO X 3/25/2003 3/25/2003 H3 .bOO 4/08/2003 4/08/2003 H3 .bOO 4/08/2003 4/08/2003 H3 .bOO 5/20/2003 5/20/2003 H3 .bOO b/03/2003 b/03/2003 H3 .bOO b/03/2003 b/03/2003 H3 .bOO 7/08/2003 7/08/2003 H3 .bOO ------------------------- Use Acti Select Record(s) or Use Action Code ~GIVEN ASS 0 C I AT [S . Disburs Inquiry by Vendor Name ..............Detail--GL1DDN.............. W-03252003-878 Line: 173 Formula: 0 Account.. H3 .bOO Acct Desc ACCOUNTS PAYABLE Trx Date..... 3/25/2003 SDT 3/25/03 Trx Amount... 1,900.00 Description.. APPRAISAL-JOHN SCOTT Vendor Code.. 00741b Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK........ 71014 SCNB Invoice Code. 2003115 VOUCHER...... P.O. Code.... 10199 Project Code. Final Payment F Liquid. 1099 Flag.... 7 Fixed Asset.. Y Date Released 3/25/2003 Date Cleared. 4/30/2003 F3=Exit F12=Cancel F21=Image . . . . ......................................... . PATRICK A. GIVEN, SRPA box 5305 . 550 route 111 . hauppaug.~, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 February 21, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Re: Property of John and Sandra Scott, S.C.T.M. #1000-102-2-23 Located North side of Main Road, Cutchogue, NY . File# 2003115 $1,900.00 5.w-* tb J. WJJ..:, "- I'tMlfttS: real estate appraisers and consultants GL108S 20 TOWN OF SOUTH OLD ** Actual Vendor.. 01b144 PECONIC SURVEYORS, Y JE Date Trx.Date Fund Account ~ -7i3ii2DDi--7i3ii2DDi-H3-.~g~ Acti " 8/28/2001 8/28/2001 A . bOO " b/03/2003 b/03/2003 H3 .bOO ~ 12/02/2003 12/02/2003 H3 .bOO 3/23/2004 3/23/2004 H3 .bOO 5/04/2004 5/04/2004 H3 .bOO 5/04/2004 5/04/2004 H2 .bOO -------------------------------- E : Select RecordCs) or Use Action Code . j , Disburs Inquiry by Vendor Name . . . . . . . . . . . . . . Detail--GLLDDN. . . . . . . . . . . . . . W-12022003-5bb Line: 255 Formula: 0 Account.. H3 .bOO Acct Desc ACCOUNTS PAYABLE Trx Date..... 12/02/2003 SDT 11/2b/03 Trx Amount... 1,!50.00 Description.. SURVEY-SCOTT PROPERTY Vendor Code.. 01b144 Vendor Name.. PECONIC SURVEYORS, P.C. Alt Vnd.. CHECK........ 74358 SCNB Invoice Code. 03-271 VOUCHER...... P.O. Code.... 11342 Project Code. Final Payment F Liquid. 10'l'l Flag.... N Fixed Asset.. Y Date Released 12/02/2003 Date Cleared. 12/31/2003 F3=Exit F12=Cancel F21=Image . . ......................................... . PECONIC L ""RVEYORS, P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020' Fax (631) 765-1797 OCTOBER 30, 2003 DEPARTMENT OF LAND PRESERVATION P.O. BOX 1179 SOUTHOLD, N.Y. 11971 JOB #: 03-271 FOR PROFESSIONAL SERVICES RENDERED, SURVEY OF PROPERTY TO PURCHASE DEVELOPMENT RIGHTS AT PROPERTY AT CUTCHOGUE, N. Y. %-5-10 ~ IO;l.-l- -2-3.,-\ S.C. . TAX #: 1000 96-0!l-B iJl( 5c..stt. lo:2-~-"2:~,'i FEE: $ 1850.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 0141b1 NELSON, POPE & VOOR Y JE Date Trx.Date Fund Account ~iDi2ii2DD3-iDi2ii2DD3-H3-.~~~ Acti 11/0b/2003 11/0b/2003 H3 .bOO 11/0b/2003 11/0b/2003 H3 .bOO 11/0b/2003 11/0b/2003 A .bOO 11/0b/2003 11/0b/2003 A .bOO 11/0b/2003 11/0b/2003 A .bOO 11/0b/2003 11/0b/2003 A .bOO 12/02/2003 12/02/2003 A .bOO 12/02/2003 12/02/2003 A .bOO 12/1b/2003 12/1b/2003 B .bOO 12/1b/2003 12/1b/2003 B .bOO , , 12/1b/2003 12/1b/2003 A . bOO X 1/20/2004 1/20/2004 H3 .bOO 1/20/2004 1/20/2004 H3 .bOO 1/20/2004 1/20/2004 H3 .bOO ------------------------- Use Acti Select RecordCsl or Use Action Code fVelson, Pope & Voorhis, LLC 512 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Disburs Inquiry by Vendor Name ............. .Detail--GL1DDN.............. W-01202004-147 Line: 213 Formula: 0 Account.. H3 .bOO Acct Desc ACCOUNTS PAYABLE Trx Date..... 1/20/2004 SDT 1/21/04 Trx Amount... 1,350.00 Description.. PHASE I ESA-SCOTT Vendor Code.. 0141b1 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.. CHECK........ 74929 SCNB Invoice Code. 2171 VOUCHER...... P.O. Code.... 11227 Project Code. Final Payment F Liquid. 1099 Flag.... 7 Fixed Asset.. Y Date Released 1/20/2004 Date Cleared. 1/31/2004 F3=Exit F12=Cancel F21=Image . . ......................................... . Property: 01031 Project: VA01326 Scott Property, Cutchogue Manager: McGinn, Steven . Invoice To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski / , Invoice #: 2171 December 18, 2003 Invoice Date: MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS $1,350.00 Invoice Amount Contract Item #1: Prepare Phase I Environmental Site Assessment Work PerIormed: 10/29 tbm 11/17/03 . (. / / *** Total Project Invoice Amount Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $1,350.00 100.00% $1,350.00 $0.00 Current Fee Total: $1,350.00 $1,350.00 All inl'oices are due net 30 days. A late charge of 1 '*' peT month will be added to any unpaid balance tifftr 30 days. Please make all checks payable to NELSON POPE & VOORHIS Please include invoice number on check TOWN OFSQUTHOLD 53095 MAIN ROAD SOUTHbLQ. NEW YORK 11971-0959 60.fi46 '" stOTT CLOSI~78244 . NO. . THE SUFFOU< cOUNTY NAT1ONAl-BANi< CUTCHOGUE, N'V1t9~5 . DATE CHECK NO. AMOUNT 09/23/2004 78244 oJ5iE THOUSAND FOtlR HUNDRED SEVENTY THREE AND 00/100 DOLLARS $1,473.00 PAY i\J THE ORDER ; 'OF STEvJ.".RT TITLE INSURANCE CO. 125. BAYLIS ROAD, SUITE 201 MELVILLE NY 11747 /L~~ r '. IW \... ~ 11'07821,1,11' 1:0 2ll,0 51,(;1,1: (;:l 000001, Oil' VENDOR 019624 STEWART TITLE INSURANCE CO. r 09/23/2004 CHECK 78244 , :FT~TD A, no rrnTThT'T' POll TNVOTrR DEsrRTPTTON AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 23-S-3563 23-S-3563 TITLE POLICY-SCOTTI 1,223.00 REC DEED-SCOTT TO TOS 250.00 TOTAL 1,473.00 . . \... ~ TOWN OF SOUTHOLD' SOUTHOLD. NY 11971-0959 ~"f"l'~ .$ TOWN OFSOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 ~O.546 214 SCOTT CLOSI~78 2 4 3 NO. \,-:1"", ~~~;:t\ '~~,";.~ t. THE SlJFi=OLtc;:CO!,JNTYNA'qONAl EiANK OUTCHCOUE,,NY 11935 . DATE 09/23/2004 CHECK NO: 78243 AMOUNT $75.00 ~EVENTY FIVE AND 00/100 DOLLARS PAY TO THE ,ORDER OF PETER STAVRINOS \:.. /L:;f'~ ,., .... '.' .'.. ...... .. . NP ~ 11'07821,:111' 1:02~1,05I,bl,l: b:l 000001, Oil' VENDOR 019720 PETER STAVRINOS 09/23/2004 CHECK (' PT1l\Tn " I\rY'()TTN'T' P 0 Ii TNVOTCE DESCRIPTION 78243 , AMOUNT H3 .8660.2.600.100 092304 TITLE CLOSER-SCOTT/TOB 75.00 TOTAL 75.00 . / , , I t, . TOWN OF SOUTHOLD. SOUTHOLD, NY 11971-0959 . R E C o R D E D . D E E D . . . . 11111111111111111111111111111111111111111111111 11111111 111111111111 1111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 17 Receipt Number : 04-0109706 TRANSFER TAX NUMBER: 04-09787 Recorded: At: 10/04/2004 11:13 :44 AM LIBER: PAGE: D00012347 003 District: 1000 Deed Amount: Section: 096.00 EXAMINED AND $202,699.00 FOLLOWS Block: 05.00 CHARGED AS Lot: 014.000 Received the Following Fees For Above Instrument Exempt NO NO NO NO NO NO $5.00 $15.00 $75.00 $0.00 $0.00 $0.00 $191. 00 Page/Filing COE EA-CTY TP-584 RPT Transfer tax $51. 00 $5.00 $5.00 $5.00 $30.00 $0.00 Handling NYS SRCHG EA-STATE Cert.Copies SCTM COIl1Ill.Pres Fees Paid TRANSFER TAX NUMBER: 04-09787 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County ~ ~ o~ ~ 6~ U ~ DEPI OF lAND PRESERVATION EXeJ NO NO NO NO NO NO . . . U-z Number of pages 1 TORRENS Serial # Certificate # Prior Ctf. # Deed I Mortgage Instrument Deed / Mortgage Tax Stamp FEES 4 Page / Filing Fee 51 .r .!J / ~ , Handling TP-584 Notation EA-5217(C~un~ EA-5217 Mate(3J S 75 ~ Jo- bb- Sub Total RP. T.SA Camm. of Ed. 5 0-"--- Affidavit Certified Copy Reg. Copy las - I q 1- Other /5- Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Stamp ~- 1000 09600 0500 014000 Date Initials Satisfactions/Discharges/Releases List Property Owners Mailing Addres RECORD & RETURN TO: LISA BLARE KOMBRINK, ESQ. 235 HAMPTON ROAD SOUTHAMPTON NY 11968 RECORDED 2004 Oct 04 11:13:44 AM Edward P.Romaine CLERK OF SUFFOLK COUNTV L C\00012347 P 003 DTlt 04-09787 Recording / Filing Stamps Mortgage AmI. 1. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. 0, Spec.! Add. TOT. MTG. TAX Dual TOWll_ Dual County_ Held for Apportionment _ -&-- Transfer Tax IV. 6 Mansion Tax: _ The property covered by this mortgage is will be improved by a one or two fan dwelling only. YES or NO If NO. see appropriate tax: clause on pa~ of thIS instrument. --.- , tion Fur 202.699 $ -0- Vacant Land X TO TO TO loW 8 Title Company Information Co. Name Stewart Title Insurance Com any Title # 23-8-3563 1bis pagefonns part of the attached GRANT OF DEVELOPMENT .RIGHTS EASEMENT (SPEOFY lYFE OF INSTRUMENT) ( Sandra J. Meyer tiki a Sandra J. Scott The premises herein is situated in "- SUFFOLK COUNlY. NEW YORK. 9 Suffolk Count Recordin and Tohn G. Scott. lIT e made] TOWN OF SOUTHOLD In Ihe Township of In Ihe VILLAGE or HAMLET of TO Southold Cutchogue BUXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY Pill OR TO RECORDING OR FILING. (OVI . . . GRANT OF DEVELOPMENT RIGHTS EASEMENT 'fj_ n THIS D~ DEVELOPMENT RIGHTS EASEMENT, is made on the ~day of , 2004 at Southold, New York. The parties are SANDRA J. M ER F/K/A SANDRA J. SCOTT, residing at 31025 Main Road, Cutchogue, New York 11935 and JOHN G. SCOTT III, residing at 1275 Lands End Road, Orient, New York 11957, (herein called "Grantors"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A, attached hereto and made a part hereof, and as shown on the survey dated October 28, 2003, prepared by Peconic ~ Surveyors, P.c. and hereinafter referred to as the "Property"; M.~~t4 .fl."'"';; p............. 1!A7'J''-'"(<-iL tr> fk. GY-h",-fJy~ ~~ ',. t...... 14'f7 J-r"j WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unneo5sary loss of those currently open lands which contain prime agricultura! soils as outlined in the Town Code of the Town of Southold, Sectio~ 100-30. The Property is designated as part of Suffolk County Tax Mdp Parcel Number 1000-102-2-23.4; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space as defined in the Town of South old ; and WHEREAS, the Property is currently agricultural land in an open state and planted in hay; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic, agricultural and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and speciai character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and . conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of TWO HUNDRED AND TWO THOUSAND-SIX HUNDRED AND NINETY-NINE ($202,699.00) DOLLARS 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 "An annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the iimitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. . The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warrantv Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existin9 under the laws ofthe State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose . The parties recognize the environmental, naturai, scenic or agricultural values of the Property and have the common purppse of preserving these vaiues. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. , I . . . Stewart Title Insurance Company TilloNo: 23-8-3563 Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (S.R. 25) distant Easterly 1617 feet from the comer formed by the intersection of the Easterly side of Depot Lane and the Northerly side of Main Road (S.R. 25); RUNNING THENCE the following three (3) courses and distances to the true point of beginning: Along land now or formerly of the Cutchogue Methodist Church North 42 degrees 27 minutes 10 seconds West, 334.10 feet: Still along land nor or formerly of the Cutchogue Methodist Church South 48 degrees 08 minutes 50 seconds West, 35.00 feet to land now or formerly of the Cutchogue Cemetery Association; Along said land North 42 degrees 44 minutes 00 seconds West, 913.54 feet to the true point or place of beginning. THENCE still along land now or formerly of the Cutchogue Cemetery Association the following two (2) courses and distances: North 42 degrees 44 minutes 00 seconds West, 479.88 feet; North 43 degrees 13 minutes 20 seconds West, 288.46 feet to a point; THENCE North 46 degrees 36 minutes 04 seconds East, 512.32 feet to land now or formerly of Starkie; THENCE South 43 degrees 24 minutes 10 seconds East, 740.92 feet to land now or formerly of Subdivision - "S.H. Frieman and others"; THENCE along said land the following two (2) courses and distances: TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. . South 51 degrees 21 minutes 50 seconds West, 132.00 feet; South 43 degrees 24 minutes 10 seconds East, 42.56 feet to a point; THENCE South 47 degrees 16 minutes 00 seconds West, 387.32 feet to land now or formerly of Cutchogue Cemetery Association, the point or place of BEGINNING. . ,I . TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. 0.04 Governmental Recoonition . New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by 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. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the delivery of this Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has had prepared, with Grantor's cooperation, a survey dated October 28, 2003, 'eo"s prepared by Peconic Surveyors and a Phase 1 Environmental Site ,,/,,/, Assessment, dated November 14, 2003 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 anything other than agricultural production as that term is presently referenced In Section 247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code of the Town of Southold. . 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetu ity. . 1. 04 Effect This Easement shall run with the Property as an incorporeal interest ir the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together wit 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 anc practices shall be prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section(s) 4.06, the construction or placement of residentiai, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. Structures and improvements, including, but not limited to, driveways and other structures permitted in Section(s) 4.06 hereof, shall nc be erected on, over, or under the Property without the prior written approve of the Grantee, as may be required by the Town of Southold now, or as it may be amended. Approval may be granted only if the structure does not defeat or derogate from the purpose of this Easement or other applicable law. For purposes of this Easement, "structure" shall be defined as any thine constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. 3.02 Excavation and Removal of Materials; Minino . The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, i prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision . The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 3.04 Dumoine The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, includin! fertilization and composting. 3.05 Siens 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, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. . 3.06 Landscaoina Activities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04. 3.07 Utilities The creation or placement of overhead utility transmission lines, utilit~ poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilitie~ 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 stru ctu res. 3.08 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, including but not limited to the raising of crops, livestock and livestock products, as the term is presently referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code shall not be considered a commercial use. 3.09 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 US Department of Agriculture's National Resource Conservation Service. 3.10 Drainaae The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.11 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee 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 existing structures as such right may be provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS . 4.01 Ownership ( Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particuiarly 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 Landscapinq Activities Grantor shall have the right to continue the current 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. 4.05 Aaricultural Activities . Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipai Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. 4.06 Structures . A. Allowable Improvements. Grantor shall have the right to erect and maintain structures and improvements on the Property set forth below, wi the prior written approval of Grantee, ,and with such further approval as may be required by the Town Code and which approval shall not be unreasonably withheld provided the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws: (i) Access drives, to provide access to the improvements permittE by this Section 4.06; a foot trail for non-motorized vehicles fOI foot traffic only for the sole use of the future owners, tenants, occupants and Invltees; and (i1) Underground facilities normally used to supply utilities and control stormwater runoff from the Improvements permitted under the terms of this paragraph A and B. (Iii) Fences, If placed so as not to block or detract from the scenic view. . B. Replacement of Improvements: In the event of damage resulting frc casualty loss to an extent which renders repair of any existing improveme impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind an,; within the same general location subject to the review and written apprrlval of Grant pursuant to applicable provisions of the Town Code. . I C. Environmental Sensitivity During Construction: The use and location any improvement permitted hereunder shall be consistent with the purpo~ intended herein, and construction of any such improvement shall minimiz. disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including I not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes I construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, Information on the need for an, use of such structures, and architectural plans of any proposed structures applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. . 4.08 Alienabilitv Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. . Grantor shall promptly notify Grantee of any conveyance of any interest ir the Property, including the full name and mailing address of any transfere and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modificatio or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, Iiber and page of the recording hereof. The failure of any such instrument to compl with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on thl Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of ( rights or interests acquired herein by Grantee. 5.02 Indemnification . Grantor shall indemnify and hold Grantee harml.'ess for any liability, costs, attorneys' fees, judgments, expenses, charge~!or liens to Grantee c any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all 0 which shall be considered Grantor's obligations. 5.03 Third Partv Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) fror injury to persons or damages to property arising from any activity on the Property, except those due soiely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Annual Mowino Requirement . In the event Grantor seeks to leave the Property open and failow, ar not perform or use the Property for agricultural production, then Grantor hereby agrees to mow the Property on an annual basis at least once durin the growing season so as to prevent successionai field growth to predominate. In the event Grantor fails to comply with the provisions of I section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX . GRANTEE'S RIGHTS 6.01 Entrv and Insoection Grantee shall have the right to enter upon the Property at reasonable times, 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. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 or t 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 righ by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resuiting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Riqhts of Grantee . Grantor acknowledges and agrees that Grantee's remedies at law for any vioiation of this Easement may be inadequate. Therefore, in addition t( 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 obiigation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes 0 this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or . (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or eiection to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. . Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section. 6.04 Notice All notices required by this Easement must be written. Notices shall bl delivered by hand or registered mail, return receipt requested, or by certifie( mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver . Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise Qo" delay in exercising any remedy shall not constitute a waiver of any pther remedy or relief or the use of such other remedy or relief at any otr,er time. 6.06 Extinquishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, the fair'market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereb~ (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resultinl in an extinguishment of this Easement by a judicial proceeding, Grantor sha pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Granto to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. ARTICLE SEVEN . MISCELLANEOUS 7.01 Entire Understandinq . This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be modified in accordance with the common and statutory law of the State of New York appiicable to the modification of easements and covenants running with the land and according to other appiicable provisions of State Law and the consent of the parties hereto. 7.03 Aiienation No property rights acquired by Grantee hereunder shall be aiienated except upon the adoption of a local law authorizing the aiienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of South old, 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 said Code shall alter the iimitations placed upon the aiienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.03 Severabiiitv . Any provision of this Easement restricting Grantor's activities, which i! determined to be invaiid or unenforr.eable by a court, shall not be invaiidated. Instead, that provisiol' shall be reduced or iimited to whatever extent that court determines will "nake it enforceable and effective. Any other provision of this Easement that is determined to be invaiid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Governino Law New York Law appiicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including vaiiditj construction, interpretation, breach, violation and performance. 7.05 Interoretation . Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easemer 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 invaiid, then that provision shall be given such interpretation as would render it vaiid and be consistent with the purposes of this Easement. Any rule of strict constructio designed to iimit 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 Easemen which is by nature and character primarily negative in that Grantor has restricted and iimited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.06 Public Access . Nothing contained in this Easement grants, nor shali be interpreted to grant, to the public any right to enter upon the Property. 7.07 Warranties The warranties and representations made by the parties in this Easement shali survive its execution. 7.08 Recordina Grantee shali record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.9 Headinas The headings, titles and subtitles herein have been inserted solely for convenient reference, and shali be ignored in its construction. ( . . . IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ND ACCEPTED: ~. X::7,,-.~ SCOTT, III BY: J SANDRA J. MEYER F/K/A SANDRA J. SCOTT ACKNOWLEDGED AND ACCEPTED: TOWN rUTHOLD(Granteel BY: ')$,if?-- JOShua Y. Horton Supervisor . . ! . . STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: lOP On this;J3 day of 5' H"( in the year 2004 before me, the undersigned, personally appeared JOHN G. SCOTT, III, 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 individuai(s) acted, executed the instrument. ~~ PE'\'BR 8TAVRlNOS NotarY Public, State of New York NO.018T6098566 Qualified in Nassau CountY .._ (;GmmiIoioD IlxpUa Sop_IS._. Notary Public / STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this ?-h"~ay ofS6fT. in the year 2004 before me, the undersigned, personally appeared SANDRA J. MEYER, 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 behaif of which the individual(s) acted, executed the instrument. . l~~~ Notary Public -- PETl!R 8TAVRlNOS Notuy Public, State of New York NO.OIST6098566 ~ified in Nassau County Commission Expires September 15,2007 STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) ~ / On the ;23 day of ~ GPT , 2004, before me personaliy appeared JOSHUA Y. HORTON, personally known to me or provided to me or the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowiedged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seai; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individuai acted, executed the instrument and affixed the seal thereto by like order. c: / Anne/Town of Southold Development Rights/Scott Development Rights Easement Final Version 921 1.J~ ----- - PErnR STAVRlNOS Notary Public, State of New York NO.01ST6098566 ~lified in Nassau County Commission Expires September l.5,2001 . . T I T L E . p o L I C y . . . . . ALTA OWNER'S POLICY - 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY " STE~ART TITLE@ INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Hie to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on the title: 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the titie, as insured, but only to the extent provided in the Conditions and Stipuiations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedufe A. STEWART TITLE@ INSURANCE COMPANY Countersigned by: L1(:)~- ~ ~re::ent ~'~a~ ~~iiiS~ \,~.........4+."'" ~"'...~~POR4'..f;<- :CJ ~..("') i~;~ 1987 "'i~ \7~4-; ~.~ -., ~~~..~ ",,= . oS' ....... ~ -"".-,.... ~;t w{ EXCLUSIONS FROM COVERAGE The following motte~ ore expressly exduded from the coveroge of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which orise by reason of 1. (0) Any low, ordinance or governmental regulation (induding but not limited to building and zoning 10"', ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the chorocter, dimensions or location of any improvement now or hereofter erected on the land; (iii) 0 seporotion in ownership or 0 change in the dimensions or oreo of the land or any porcel of which the land is or was 0 port; or (iv) environmentol protection, or the effect of ony violotion of these 10"', ordinonces or governmental regulations, except to the extent that 0 notice of the enforcement thereof or 0 notice of 0 defect, lien or encumbronce resulnng from 0 violation or alleged violation affecting the land has been recorded in the public records at Dote of Policy. (b) Any governmental police power not exduded by (0) above, except to the extent that 0 notice of the exercise thereof or 0 notice of 0 defect, lien or encumbronce resulting ham 0 violation or alleged violation affecting the land has been recorded in the public records at Dote of Policy. 2. Righ~ of eminent domain unless notice of the exercise thereof has been recorded in the public records 01 Dote of Policy, but not exduding ham coverage any taking which has occurred prior to Dote of Policy which would be binding on the righ~ of 0 purchaser for value without knowledge. 3. Defects, liens, encumbronces, adverse doims or other matters: (0) creoted, suffered, assumed or agreed to by the insured doimont; (b) not known to the Company, not recorded. in the public records at Dote of Policy, but known to the insureel doimont and not disdosed in writing to the Company by the insured doimont prior to the dote the insured doimontbecome on insured under this policy; (c) resuiting in no loss or domoge to the insured doimont; (d) ottoching or creoted subs,,!uentto Dote of Policy; or (e) resulting in loss or domoge which would not hove been sustoined if the insured doimont hod poid volue for the estote or interest insured by this policy. 4. Any doim which orises out of the tronsoction vesting in the Insured the estote or interest insured by this policy, by reoson of the operonon of federol bonkruptcy, stote insolvency, orsimilor creditors' rights lows, thotis bosed on: (0) the nonsocoon creoting the estote or interest insured by this policy being deemed 0 froudulent conveyonce or froudulent tronsfer; or (b) the tronsoction creating the estate or interest insured by this policy being deemed 0 preferenool tronsfer except where the preferential tronsfer resul~ from the failure: (i) to timely record the instrument of tronsfer; or (ii) of such recordotion to import nooce to 0 purchoser for value or 0 judgment or lien creditor. ~~~~~: 0-8831- 313410 NY-001 (10-17-92) . . . ) ) Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 11747 Phone: (631) 501-9615 Fax: (631) 501-9623 Title No: 23-8-3563 Date: September 22, 2004 Greg Yakaboski Melissa Spiro Town of Southold, Office of Town Attorney 53095 Route 25 P.O. Box 1179 Southold, New York 11971 RE: Borrower/Current Owner: Town of Southold Premises: 31025 Main Road Cutchogue, New York] 19.35 Reference: In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. Hightl'ax 9/23/2004 3:10 I-'AUt: OU2/UU3 I'ax berVer ) ) ALT A O\VNER'S POlley . SCHEDULE A Title No.: 23-S-3563 Policy No.: 0-8831- 313410 Date of Policy: 9/23/2004 Amount orInsurance: $202,699.00 1. Name orInsured: County: Suffolk Town of South old 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: . To\vn ofSouth,ild, who acquired title by virtue of a deed from Jolm G. Scott III and Sandra J. Meyer f/k/a Sandra J Scott, by deed dated 912312004 and to be recorded in the Suffolk County Clerk'slRegister's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof District: 1000 Section: 102.00 Block: 02.00 Lot: 023.004, . 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY . . . ) ) Stewart Title Insurance Company Title No: 23-8-3563 Policy No.: 0-8831- Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (S.R. 25) distant Easterly 1617 feet from the corner formed by the intersection of the Easterly side of Depot Lane and the Northerly side of Main Road (S.R. 25); RUNNING THENCE the following three (3) courses an': distances to the true point of beginning: Along land now or formerly of the Cutchogue Methodist Church North 42 degrees 27 minutes 10 seconds West, 334.10 feet: Still along land nor or formerly of the Cutchogue Methodist Church South 48 degrees 08 minutes 50 seconds West, 35.00 feet to land now or formerly of the Cutchogue Cemetery Association; Along said land North 42 degrees 44 minutes Oll seconds West, 913.54 feet to the true point or place of beginning. THENCE still along land now or formerly of the Cutchogue Cemetery Association the following two (2) courses and distances: North 42 degrees 44 minutes 00 seconds West, 479.88 feet; North 43 degrees 13 minutes 20 seconds West, 288.46 feet to a point; THENCE North 46 degrees 36 minutes 04 seconds East, 512.32 feet to land now or formerly of Starkie; THENCE South 43 degrees 24 minutes 10 seconds East, 740.92 feet to land now or formerly of Subdivision - "S.H. Frieman and others"; THENCE along said land the following two (2) courses and distances: South 51 degrees 21 minutes 50 seconds West, 132.00 feet; ) ) . South 43 degrees 24 minutes 10 seconds East, 42.56 feet to a point; THENCE South 47 degrees 16 minutes 00 seconds West, 387.32 feet to land now or formerly of Cutchogue Cemetery Association, the point or place of BEGINNING. . . Inghtl'aX ~/Z::l/ZOO'l ::1:10 1->AUt. 00::1/00;;' l'ax berver ) ) ALT A OWNER'S POliCY . SCHEDULE B Title No.: 23-S-3563 Policy No,: 0-8831- 313410 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: I. Rights oftenant(s) or person(s) in possession, if any, 2, Subject to water charges, if any. 3. Survey made by Peconic Surveyors, dated October 28, 2003 and revised 11/11/2003, (covers premises and more) and shows subject premises as unimproved vacant land (fallow field). (a) Right of way shown over Northeasterly line. No variations or encroachments shown. Company excepts any changes since the date of the survey used herein. 4. Deed of Developmental Rights in Liber 12110 at Page 692, (affects premises to the North part of premises described in Liber 7497 at Page 102). .5. Right of Way set forth in Liber 2349 at Page 355. 6. Policy excepts the lien of restored taxes, plus interest and penalties, if any. . 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY ) ) STE W'AR T TITLE INSURANCE COMPANY . HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: 23-S-3563 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 313410 I. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest ofthe insured as shown in Schedule A of this policy." 2. The following is added to Paragrapl. 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. . This endorsement, whe" signed below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, ':onditions and Stipulations therein, except as modified by the provisions hereof. Signed on 9/23/2004 STEW ART TITLE INSURANCE COMPANY Stewart Title Insurance Company {..- .a~/ ecrelary ~ Sig,~ b,Y: u( ( ......J-.. ( \ r__/l ~ , /'! ..-,....~~_.~ -., Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 . STANDARD NEW YORK ENDORSEMENT (911/93) FOR USE WITH ALTAOWNER'S POLICY (10/17/92) NY.I002 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean, (0) "insured", the insured named in Schedule A, and, subject to any rights or defenses the Company would hove hod ogoin~ the named insured, those who succeed to the interest .of the named insured by operotion of low os distinguished from purchase induding, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate orfiduciory su(cessors. (b) "insured doimont",on insured doiming loss or damage. (c) "knowledge" or "known", actual knowledge, not constructive knowledge or notice which maybe imputed to on insured by reoson of the public records os defined in this policy or any other records which import constructive notice of moners affecting t he land. (d) "land", the land described or referred to in Schedule A, and improvements affixed thereto which by low constitute real property. The term "land" does not indude any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in obuning streets, roods, avenues, alleys, lones, ways or waterways, but nothing herein sholl modify or limit the extent to which 0 right of ",ess to and from the land is insured by this policy. (e) "mortgoge",mortgoge,deedoftrust, trust deed, or other security instrument. (n "public records", records established under state statutes at Dote of Policy for the purpose of importing constructive notice of moners relating to real property to purchasers for value and without knowledge. With respect to Section 1 (o)(iv) of the Exdusions From Coveroge, "public records" sholl 0150 indude environmental protection liens filed in the records of the derk of the United States district court for the district in which the land is located. (g) "unmorketobility of the title", on alleged or apparent moner affecting the title to the land, not exduded or excepted from coveroge, which would entitle 0 purchaser of the e~te or interest described in Schedule A to be released from the obligation to purchase by virtue of 0 controctuol condition requiring the delivery of morketoble title. 2. CONTlNUATfON OF fNSURANCE AFTER CONVEYANCE OF TITLE. The coveroge of this policy sholl continue in force os of Dote of Policy in fovor of on insured only so long os the insured retains on estote or interest in the lond, or holds on indebtedness secured by 0 purchose money mortgage given by 0 purchaser from the insured, .onlyso long os the insured sholl hove liability by reason ofcovenonts ofworrontymodeby e insured in ony lronsfer or conveyonce of the estote or inlere~. This policy sholl not continue in force in fovor of ony purchaser from the insured of either (i) on estate or interest in the lond, or (ii) on indebtedness secured by 0 purchose money mortgoge given to the insured. 3. NOTICE OF ClAIM TO BE GIVEN BY INSURED ClAIMANT. The instJred sholl notify the Com pony promptly in writing (i) in cose of ony litigation os set forth in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder of onydoim of title or interest which is adverse to the title to the estote or interest, os insured, ond which might couse loss or domoge for which the Company moy be lioble by virtue of this policy, or (iii) if title 10 the estote or interest, os insured, is rejected os unmorketoble. If prompt notice sholl not be given to the Compony, then os to the insured 011 liability of the Company sholl terminate with regard to the matter Of matters for which prompt notice is required; provided, however, thot foilure to notify the Company sholl in no cose prejudice the rights ofony insured under this policy unless the Compony sholl be prejudiced by the foilure ond then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF AGlONS; DUTY OF INSURED ClAIMANT TO COOPERATE. (0) Upon wrinen request by the insured ond subject to the options contained in Section 6 of Ihese Conditions ond Stipulotions, Ihe Compony, ot its own cost ond without unreosonobledeloy, sholl provide for Ihe defense of on insured in litigation in which onythird porty osserts 0 doim odverse to the title or interest os insured, but only os to those sloted couses of oction olleging 0 defect, lien or encumbronce or other motter insured ogoinst by this policy. The Com pony sholl hove the right 10 select counsel of its own choice (subject to the righl of the insured 10 object for reosonoble couse) to represent the insured os to those stoted couses of action ond sholl not be liable for and will not pay the fees of ony other counsel. The Company will not poy ony fees, costs or expenses incurred by the instJred in the defense of those couses of oction which ollege motte~ not insured ogoinsl by this policy. _ (b) The Com pony sholl hove the right, ot its own co~, to institute ond prosecute ony ~on or proceeding or to do ony other oct which in its opinion may be necessory or desiroble to estoblish the title to the eslote or interest, os insured, or 10 prevent or reduce loss or domoge to the insured. The Compony may toke any oppropriole action under the terms of this policy, whether or not it sholl be liable hereunder, and sholl not Ihereby concede liability or waive any provision of this policy. If the Com pony sholl expo " it rights under this. porogroph, it sholl do so diligently. (c) Whenever the Company sholl hove brought on action or interposed 0 defense os required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by 0 court of competent jurisdiction and expressly reserves Ihe right, in its sole discretion, to appeal from any adverse judgment or order. (d) In 011 coses where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured sholl secure to the Company Ihe right to so prosecute or provide defense in the action or proceeding, and 011 appeals therein, and permit the Company to use, at its option, the nome of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, sholl give the Company 011 reasonable aid (i) in any oction or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the oction or proceeding, or effecting senlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirobletoestoblish the title to the estate or interes tosinsured. 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 sholl terminate, induding any liability or obligation to defend, prosecute, or continue any litigation, with regord to the moner or mlltters requiring such woperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations hove been provided the Company, 0 proof of loss or damage signed and sworn to by the insured doimont sholl be furnished to the Company within 90 days after the insured doimont sholl ascertain the facts giving rise to Ihe loss or damage. The proof of loss or damage sholl describe the defect in, or lien or encumbronce on the title, or other moner insured against by this policy which constitutes the basis of loss ordomogeondsholl~ote,to the extent possible, the basis of colculoting the amount of the loss or damage. If the Company is prejudiced by the failure of the insured doimont to provide the required proof of loss or damage, the Company's obligations to the insured under the policy sholl terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regord to the moner or moners requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by ony authorized representative of the Company and sholl produce for examination, inspection and copying, at such reasonable times and places os may be designated by any authorized representative of the Company, 011 records, books, ledgers, checks, correspondence and memoranda, whether beoring 0 dote before or after Dote of Policy, which reosonobly perfoin to the loss or damage. further, if requested by any authorized representative of the Company, the insured doimont sholl gront its permission, in writing, for any authorized representative of the Company to examine, inspect and copy 011 records, books, ledgers, checks, correspondence and memorondo in the custody or control ofo third porty, which reasonably pertain to the loss or damage. All information designated os confidential by the insured doimont provided to the Company pu~uont to this Section sholl not be disdosed to othe~unless, in the reasonable judgment of the Company, it is necessory in the odministrotion of the daim. failure of the insured doimont to sabmit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties os required in this porogroph sholl terminate any liability af the Company under this policy os to that doim. 6. OPTIONS TO PAY OR OTHERWISE smLE ClAIMS; TERMINATION OF UABIUTY. In cose of 0 doim under this policy, the Company sholl hove the following additional options, (0) To Pay or Tender Payment of the Amonnt oIlnsoronce. To pay or tender payment of the amount of insurance under this policy together with any co~s, onorneys' fees and expenses incurred by the insured doimont, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, 011 liability and obligations to the insured under this policy, other than to make the payment required, sholl terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy sholl be surrendered to the Company for cancellation. (b) To Payor Otherwise Settie With Porties Other than the InstJred or With the Insured Claimant. (i) to payor otherwise settle with other porties for or in the nome of on insured doimont any doim insured against under this policy, together with any costs, onorneys' fees and expenses incurred by the insured doimont which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise senle with the insured doirnant the loss or damage provided for under this policy, together with any costs, onorneys' fees and expenses incurred by the insured doimont which we'o ."thorized by the Company up to the time of payment and which the Company is obligotl laY. (conlinued and concluded 00 last page ollhis policy) lfUNUIIIUN~ RNU ~ III"'ULH. IIUn~ ,",UIUIIIUtlU (continued and concluded from reverse side of Policy Face) Upon the exercise by the Company of either of the options, ,.d for in p1lfographs (b)(i) or (ii), the Company's obligations to the insured under this policy for the c1oi",d loss or damage, other than the payments required to be mode, sholl terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. . This policy is 0 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 moners insured ogoin~bythis policy and only to the extent herein described. (0) The liability of the Company under this policy sholl not exceed the least of: (i) the Amount of Insurance stoted in Schedule A; or, (ii) the difference between the value of the insured estole or inlerest os insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insuronce stated in Schedule A at Ihe Dote of Policy is less than BO percent of the value oflhe insured estate or interest or the full consideration paid for the estole or interesl, whichever is less, or if subsequent to the Dole of Policy on impravement is erected on the land which increases the value of the insured estate or interest by at least 20 percenl over the Amount of Insuronce stated in Schedule A, then this Policy is subject to the following: (I) where no subsequent impravement has been mode, as to any partial loss, the Company sholl only pay the loss pro rota in the praportion Ihot the amount of insuronce at Dote of Policy bea~ to the total value of the insured e~ote or interest at Dote of Policy; or (ii) where 0 subsequent improvement has been mode, os to any partial loss, the Company sholl only pay the loss pro rota in the proportion that 120 percent of the Amount of Insuronce stated in Schedule A bears 10 the sum of the Amount of Insuronce stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph sholl not apply to costs, onomeys' fees and expenses for which the Compony is liable under this policy, and sholl only apply to that portion of any loss which exceeds, in the aggregate, 10 percent ofthe Amount of Insuronce stated in Schedule A. (c) The Company will pay only those costs, onomey's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. B. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which ore not used os eo single site, and 0 lossisesloblished affecting one or more of the porcelsbu t notull,the loss sholl be computed and senled on 0 pro rota basis os if the amount of insuronce under this policy was divided pro rota os to the value on Dote of Policy of each separate parcel to the whole, exclusive of any improvements mode subsequent 10 Dote of Policy, unless 0 liability or value has olherwise been agreed upon os to each parcel by the Company and the insured at the time of the issuance of this policy and shown by on express statement or by on endorsement onoched to this policy. 9. LIMITATION OF L1ABIUlY. (0) If the Company establishes the title, or removes the alleged defect, lien or encumbronce, or cures the lock of 0 right of occess to or fram the land, or cures the claim of unmarketobility of tilie, 011 as insured, in 0 reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it sholl hove fully periormed its obligations with respect to thaI moner and sholl not be liable for any loss or damage cousedthereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company sholl hove no liability for loss or damage until there has been 0 nnol determination by 0 court of competent jurisdiction, and disposition of 011 appeals therebom, odve~e to the title os insured. (c) The Company sholl not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in senling any claim or suit without Ihe prior writlen consent of the Company. 10. REDUCTION OF INSURANU; REDUCTION OR TERMINATION OF LIABILITY. All poymenls under this policy, excepl payments mode for costs, onomeys' fees and expenses, sholl reduce the amount of the insuronce pro tanto. 11. LIABILITY NONCUMUlATIVE. It is expressly unde~tood that the amount a! insuranre under this policy sholl be reduced by any amount the Company may pay under any policy insuring 0 mortgage to which exception is loken in Schedule B or to which Ihe insured has agreed, assumed, or Ioken .subiect, or which is hereafter executed by on insured and which is 0 charge or lien on the eslole or interesl described or referred to in Schedule A, and the amount so paid sholl be deemed 0 payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (0) No payment sholl be mode without producing this policy for endorsement of the payment unless the policy has been lo~ or destroyed, in which cose proof of loss or destruction sholl befumishedtothesoti~octionoftheCompony. (b) When liability and tho .nt of lass or damage has been definitely fixed in occordonce with these Conditions and Stipulations, the loss or damage sholl be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SffiLEMENT. (0) The Company's Right 01 Subrogation. Whenever the Company sholl hove set1fed and paid o claim under this policy, 011 right of subrogation sholl vest in the Company unaffected by any oct of the insured claimant. The Company sholl besubragoted to and be entitled to 011 rightsondre medies which the insured claimant would hove hod against any person or prapertyin respect to the claim hod this policy not been issued. If requested by the Company, the insured claimant sholl tronsfer to the Company 011 rights and remedies against any person or property necessory in order to perfect this right of subragotion. The insured claimant sholl permit the Company to sue, compromise or senle in the nome of the insured claimant and to use the nome of the insured claimant in onytronsoction or litigation involving these rights or remedies. If 0 payment on account of 0 claim does not fully cover the loss of the insured claimant, the Company sholl be subrogated to these rights and remedies in the proportion which the Company's payment bea~ to the whole amount of the loss. If loss should result from any oct of the insured claimant, os staled obov e, that oct sholl not void this policy, but the Company, in that event, sholl be required to pay only that port 01 any losses insured against by this policy which sholl exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured ObligolS. The Company's right of subrogation against non-insured obligo~ sholl exist and sholl include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insuronce or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by opplicoble low, either the Company or the insured may demand arbitralion pursuant to the Title Insurance Arbitration Rules of the Americon Arbitration Association. Arbitrable moners may include, but ore not limited to, any controve~y or claim between the Company and the insured arising out of or relating 10 this policy, any service of the Company in connection with its issuance or the breoch of 0 policy provision or other obligation. All arbitrable maners, when the Amount of Insurance is $1,000,000 or less sholl be arbitrated at the option of either the Company or the insured. All arbitrable moners when the Amount of Insurance is in excess of $1,000,000 sholl be arbitroted only when agreed to by both the Company and the insured. Arbitration pu~uonltothispolicyond under the Rules in effect on the dole the demand for arbitration is mode or, at the option oflhe insured, the Rules in effect at Dote of Policy sholl be binding upon the parties. The oword may include onomeys' fees only if the lows of the state in which the land is locoted permit 0 court to award onomeys' fees to 0 prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereaf. The low of the situs of the land sholl apply to on arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obloined bom the Company upon request. 15. LIABiLITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (0) This policy together with 011 endorsements, if any, otioched herelo by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, Ihis policy sholl be construed oso whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the slotus of the title to the estate or interest covered hereby or by any action asserting such claim, sholl be restricted to this policy. (c) No amendment of or endorsement to this policy con be mode except by 0 wrlnng endorsed herean or otloched hereto signed by either the President, 0 Vice President, the Secretory, on Assistant Secretory, or validating officer or authorized signatory of the Company. 16. SEVERABIUlY. In the event any provision of the policy is held invalid or unenforceable under opplicoble low, the policy sholl be deemed not to include that pravision and 011 olher pra~sions sholl remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required 10 be fumished the Company sholl include the number of this policy and sholl be addressed to the Company at 300 East 42nd Street, New Yor~ New York 10017. STEWART TITLE@ INStJRANCF. COMPANY , STEWART TITLE@ INSURANCE COMPANY INSURANCE COMPANY STEWART TITLE@ - t POLICY OF TITLE INSURANCE POLICY OF TITLE INSURANCE STEWART TITLE@ INSURANCE COMPANY INSURANCE COMPANY STEWART TITLE@ <\ , STEWART TITLE@ INSURANCE COMPANY POLICY OF TITLE INSURANCE STEWART TITLE@ INSURANCE COMPANY " v . N Y S . A G & M K T S W A I V E R . . . . . WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS We are the owners of +9 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map Nos. and, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #7 . Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor Landowner " j TOWN OI'i'SOUTHOLD By: '4'1[2----- Joshua Y. Horton, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Sandra J. Meyer, /KlA Sa 31025 Main Road Cutchogue, NY 11935 ~~ ~c_~~ n G. Scott 71f- 1275 Lands End Road Orient, NY 11957 STATE OF NEW YORK ) . )ss: COUNTY OF SUFFOLK ) oU> On the ;)3 day of .56 p-r. , 2004, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. y~~ Notary Public -- PETER STAVRINOS NotaIy Public, State of New Yod: NO. 01ST6098566 Qualified in Nassau County Commission Expires September fS,2007 STATE OF NEW YORK ) )ss: . COUNTY OF SUFFOLK ) t!!-- ~ On the)3 day..:> 6j)-r: , 200,* before me personally appeared S'~""4-:J: I'/t"'~(.1"'I1{~(f~"~ersonally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persor1s upon behalf of which the individual acted, executed the instrument. U ___& Notary Public PETER STAVRINos NotaIy Public, State of New Yod: Qual~o. ~]ST6098S66 ",_,'c died tn Nassau County ~_on Expires September IS, 2007 COUNTY OF SUFFOLK ) On the ;23 eday SGPi. , 200~ before me personally appeared ~IfN C. Sed -r-r JJl- ' personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. rid ___it:- Notary Public . NOlaIy ~~~, ~~~OS Qual~o. ~IST6098S:!ew Yod: ComnuIsion ell ~ Nassau Co Expll'es SePtember""?; 2 , 007 . S T E W A R D S H I P . . . . . MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971-0959 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (corner of Main Road & Youngs A venue) Southold. New York Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro. Land Preservation Coordinator Date: September 24. 2004 Re: SCOTT & MEYER (f/k1a SCOTT) to TOWN OF SOUTHOlD SCTM #1 000-1 02-2-p/o 23.4 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase. please feel free to contact me. lOCATION: 31025 Main Road. Cutchogue OWNER: John G. Scott. III and Sandra J. Meyer flk/a Sandra J. Scott PURCHASE DATE: Closing took place 9/23/04 PURCHASE PRICE: $202,699.00 (based on 8.813 buildable acres @ $23,000/acre) EASEMENT AREA: 9.0 acres (includes 0.187 right of way) FUNDING: Community Preservation Funds MISCELLANEOUS: The 9,0 acres are on the northerly side, adjacent to the 23 acre parcel that the Town already owns the development rights (see attached sketch for clarification), 1;' 'l,( .;:~ .., ,">". '';';~" (., '<.. ~'" ,~~ .... ~ . 'E> \)'l!. t> I U\ si C1'/V ... 1- P<fJ t) L-or ....?. I I' ~ FOR PCL.NO. ~ SEESEC.NO. 0$7MOS-002.1 I I '0'11 m e'/Sy:" / ! .~ ( ( FORPCL.NO. SEE SEC. NO. 091-05-QOG . .[,>~ "< """ '. . FOR PCL.HO. ~ SEESEC.HO. 097-05-012 'm~ \\ ," \\ . t"/.oMel . P R o P E R T Y . R E C o R D S . fORPCl.NO. SHSIC.NO. 084-04-006.1 SEE SEL NO. 084 ~ z----""~'-~" ,~ ~ATCH . FOR pel. NO. SEE SEC. NO. 097-01-011.2 i~ s6;., ", ,\' II 'I I -N Ii: ~~tr ",,,D,<-s. '" ~,;,~"'q.-t ~;: ., .... to..", {'"f..Q<-S /"'<<1'" Out....... f'(;~/:"(O '" " ";0..,,, "(iQ',~SOu 1i.t~ lOS <1:"'0,,0 ", -1:.1 ~ '6'~ q"" ... S'" '~, .J ". ., -%-'11;)" , ..,~ i I I r'fi ! ". .... .;~...,-,..,~,.,I,o.,. "t,?;--:O G) " . ,., 16.9A FORPCl.NO. SEE SEC. NO. 097-05-002.1 " 23.1A (D['llOPMEWRIG"T,' Suffolk County Tax Map Book "J. TOINOFSOUTHOLO '. '.. '"", TOWNOFSOUTHOLO ~. ItiHfL0PM['" PIC"TS, FORPCL.NO. SEE SEC. NO. 097-05-006 ". fOR PCL-NO. SEE SEC. NO. 102-02-002.1 t.l"1CH~----i!--~L1NE '~ FORPCL.t.Kl. SEE SEC. NO. 102-02-023.3 -MifC~-----i!--~ u.. ---i'-- H2!?IOU ,0> _OPEIlTlES. 'Ii ISTRICTS. " ~ , ~ " EUlER NOTICE COUNTY OF SUFFOLK QJ , '"' '''''~ SOUTHOLO E Real Property lax Service Agency y ....."'~ COI.tltyCenter Rlverheod,N Y 11901 ,", '" '" SCAlEINFEE1: " '" , '" , ...., .. 1000 p ," '" mNVEflSlON GATE: Jun, 24. l~~a SECTION NO UM-HENANCE, ~LfERATION. SALE OR DIS1RI6UIIO~ OF ~rn PORTION OF THE SlHOl~ COUNTY TAX "'AP IS PROHIBITED WITHGIJTIRITTtNPERUISSIONOFTH( REAL PROPERTY TAX SERVtCEAGENCY. 096 PROPERTY MAP "'" '~"4-_~. .__..-,~~'.::'-::~';';;:'~., ,,,", =__:,':::=:::-;--'C::=,;::,:::__,~',,__:__':'.i..._:=-- . . . . RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2004 Ms. Sandra Tuffy P.O. Box 1168 Cutchogue, NY 11935 Re: Proposed Minor Subdivision of John Scott & Sandra Tuffy (formerly Scott) Located at 31025 Main Road in Cutchogue SCTM#s1000-9J-5-13 & 102-2-23.4 Zoning District: A-C Dear Ms. Tuffy: The South old Town Planning Board, at a meeting held on Monday, September 13, 2004, adopted the following resolution: . The public hearing was closed. WHEREAS! this proposed minor subdivision will subdivide a 43.25 acre parcel into 2 parcels where SC~M#1000-96-5-13 equals 23.08 acres upon which Development Rights have been sold and SCTM#1 000-1 02-2-23.4 equals 20.16 acres, inclusive of an 11.16 acre reserve area and 9 acres upon which Developments Rights are proposed to be sold to the Town of Southold; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as last revised November 11, 2003. The plat, endorsed by the Chairperson, must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Prior to filing, the Planning Board is requiring that the Right of Way/Easement Agreement, dated March 2004, be also filed with the Office of the Suffolk County Clerk and the Liber and page number noted upon the plat. If you have any questions, please contact my office. Very truly yours, f5)~(C~~\'U~rm If11 SEP 1 6 2004 lW . ~6~~ Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator DEPT. Of LAND PRESERVATION . 2 o o 4 . P H o T o S e . . . MEYER PROPERTY f/k/a SCOTT PROPERTY SCTM ill000-l02-2-p/o 23/4 photograph taken from s/e corner of property along the right of way (after the trees) facing northwesterly r.. .~,~~ ,~ "l~' f~~ M~~ '" . ';'J."~'~f)~ i"~' ....... i~-.:~ .0 .. o (;) N ':," .' <~,i:-~~ ~l"'..;~.. '\:'';;,' MEYER PROPERTY f/k/a SCOTT SCTM #lOOO-102-2-p/o 23.4 s/e corner after trees along right of way facing northerly SZ!60!l>OOZ . >- '" ~ ..... 0 ... J: Cl ';: Cl c: .2 '" III <IJ <IJ ... ... ... <IJ ... ..... '" ... <IJ c: ... 0 U <IJ - III . ". M N 0 - a. I N I N 0 I 0, o i 0 "" :::;: I- U Vl l- I- 0 U Vl '" - "" - ..... >- l- e:: UJ c.. . 0 e:: c.. e:: UJ >- UJ :::;: EZ/60/I>OOZ . . I I ~. . >- I- 0:: UJ c.. o 0:: c.. 0:: UJ >- UJ ::< . . . ...... N ...... 01 o ...... "" o o N MEYER PROPERTY f/k/a SCOTT SCTM #1000-102-2-p/o 23.4 n/w survey marker facing southerly (zoomed photoj house roof n Olstance . 2 o o 6 . P H o T o S . . SCTM #1000-96-5-14 JOHN G. SCOTT III and SANDRA J. MEYER (f/k/a Sandra J. Scott) 9.0 acre development rights easement purchased by Town of Southold on September 23,2004 Photo taken on February 8, 2006, from southwesterly end of treeline dissecting property, facing northerly to Glover greenhouses . . . A E R I A L S . . . . . ~ '. ,11 ,. . ,. " '. 2004 Aerial SCOTT IMEYER Property 31025 Main Rd (Rt 25), Cutchogue easement . . . 2001 Aerial SCOTT /MEYER Property 31025 Main Rd (Rt 25), Cutchogue 9.0 acre development rights easement including right of way . s U R V E y . .