HomeMy WebLinkAboutMeyer, Sandra J f/k/a Scott, Sandra J ��S�FFOl�CO
��O Gym Baseline Documentation
c 1000-96-5-14
W (f/k/a 1000-102-2-p/o 23.4)
�y,� • �!� 1000-102-2-23.7
(f/k/a 1000-102-2-p/o 23.5)
SANDRA J. MEYER(f/k/a Sandra J. Scott) and JOHN G. SCOTT HI
To TOWN OF SOUTHOLD
9.0 acre development rights easement
Deed dated September 23,2004
Recorded October 4,2004
Suffolk County Clerk—Liber D00012347, Page 003
SANDRA J. MEYER(f/k/a 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 D00012436, Page 819
Ir
1000-102-2-23.7
0 . 411� (f/k/a 1000-102-2-p/o 23.5)
Baseline Documentation
Premises:
31025 Main Road (Rt. 25)
Cutchogue, New York
40 6.0 acres
Development Rights Easement
SANDRA I MEYER
(Vk/a Sandra J. Scott)
to
TOWN OF SOUTHOLD
Deed dated February 9, 2006
Recorded February 21, 2006
• Suffolk County Clerk - Liber D00012436, Page 819
• SCTM #: 1000-102-2-23.7
(f/Wa 1000-102-2-p/o 23.5)
Premises: 31025 Main Rd (Rt. 25)
Hamlet: Cutchogue
Purchase Price: $2709000.00
(6.0 buildable acres @
$45,000/acre)
Funding: Community
Preservation Funds
(2% land bank)
CPF Project Plan: Yes
Total Parcel Acreage: 20.1666 acres
Development Rights: 6.0 easement acres and
9.0 easement acres
(sold previously to Town by
Meyer & Scott in 2004)
Total PDR acreage: 15.0 acres
Reserved Area: 5.1666 acres
Zoned: A-C and R-40
Existing Improvements: In February 2006 —
Wire fencing,grape vines, orchard
• on easement area.
• OWNERSHIP AND OCCUPANCY
The subject property is presently owned by Sandra Meyer. The property is currently
vacant land which is mostly cleared and in use as farmland.
SUBJECT SALES HISTORY
There was a transfer of deed of the subject property from John G. Scott & Sandra J.
Scott to Sandra Scott (now known as Sandra Meyer) on May 9, 2003 for no indicated
consideration. The transfer was recorded in Liber 12356, Page 283. This transfer also
included tax map # 1000-96-5-14.
•
LEGAL DESCRIPTION
The subject is identified on the Suffolk County Tax Map as follows:
District Section Block Lot
1000 102 2 23.5
•
FGIVEN
A ss oc Illi f5
DESCRIPTION
LAND
Land use surrounding the subject is primarily vacant and improved residential
properties. Land immediately abutting the subject are a church, cemetery, and agricultural
property with greenhouses.
IMPROVEMENTS
The subject is unimproved vacant land.
• PRESENT USE AND OCCUPANCY
The subject is presently vacant farmland.
•
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SUBJECT PHOTOGRAPHS
2005 photos
Views of Subject Property Facing Northerly
RGIVEN 62
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7.View west to cemetery from northern property boundary 8. View northwest to cemetery from northern property obundary
2005 photos
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9:0 acres �-
1000-96-5-14 -
MEYER
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MEYER 6 ` i ! I /✓
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Phase I
• Environmental Site Assessment
Meyer Property
1_0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope &
Voorhis, LLC in order determine if potential environmental or public health concerns are
present. This report is intended to identify Recognized Environmental Conditions (as defined in
ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target
Protocol) on the subject property based on the four (4) basic components of a Full Phase I
Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and
evaluation and reporting.
The subject property lies in the Hamlet of 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 6.0 acres of agricultural land within the
45.7 acres. The subject property is located approximately 1,600 feet northeast of the Depot Lane
Main Road intersection. The L-shaped property has approximately 60 feet of frontage along
Main Road (SR 25) and widens at the interior of the site. The property is more particularly
described as Suffolk County Tax Map# 1000-96-5-14 &p/o 1000-102-02-23.5.
• The subject property is farmland. The approximately 60 foot wide portion of the property
extending from Main Street toward the north is currently occupied by fenced areas used by farm
animals, rows of orchard plants and open, grassy areas. The remainder of the property is
occupied by an orchard and open, grassy areas. An irrigation well was observed close to the
northern property boundary. An empty 275-gallon fuel oil tank was observed adjacent to the
irrigation well. According to the property owner, the tank is used to supply fuel oil to a pump
engine that was formerly connected to the irrigation well. The pump engine was recently
disconnected and the tank removed. The tank has been sold to another party and is awaiting
pick-up. No odors, staining or stressed vegetation were observed in the area of the well and
storage tank. A partially covered pile of fertilizer was observed close to the irrigation well and
fuel oil tank. The subject property slopes gently to a pond located to the east; in an area that is
not the focus of this report.
No Sanborn map coverage was available for the subject property or nearby area. Aerial
photographs from 1938, 1961, 1969, 1976, 1980, 1994, 1999, 2001 and 2004 were reviewed in
order to determine if any prior uses occupied the subject property. 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. Several Federal, State and County documented regulated
sites were noted in the vicinity of the subject property. Specifically, one (1) IHWDS was located
within one (1.0) mile of the subject property, two (2) active and seven (7) closed spill incidents,
NELSON.POPE 6 VPO NI.LLC
N
EVIRONMENTAL • PLANNING CONSLILTNG
Meyer Property,Cutchogue
Phase I ESA
one (1) active and one (1) closed LUST incidents are located within one-half(0.5) mile of the
subject property.
In conclusion, this assessment has revealed evidence of a potential recognized environmental
condition in connection with the subject property, subject to the methodology and limitations of
this report:
1. If the property is to be residentially developed in the future, soil samples should be
collected and analyzed for the presence of pesticides and metals.
2. The pile of fertilizer should be moved and stored in a dry, protected and/or covered
area.
• P
NELSON. POPE 6 VOORHIS. LLC
ENVIRONMENTAL • PLANNING • CONSLR7ING Page 2 of 23
Meyer Property,Cutchogue
Phase I ESA
FIGURE 1
' LOCATION MAP
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' Meyer Property,Cutchogue
Phase I ESA
FIGURE 2
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Phase I ESA
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Meyer Property,Cutchogue
Phase 1 ESA
FIGURE 4
LAND USE MAP
Farmland
Source: NYSGIS Orthoimagery Program,2004
Scale: V= 1,000'
NORTH
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Meyer Property,Cutchogue
Phase I ESA
FIGURE 5
ZONING MAP
LB A_C
A� Agricultural Conservation
C \ \ Rio Residential Lav Density AA
R-ss Residential Low Density A
R-1]0 Residential Low Density B
R-M Residential Low Density C
R7;;;l RaMentid Low Density D
HD Hamlet Density Residential
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Source: Town of Southold Zoning Map
Scale: Not to Scale NORTH
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' Meyer Property,Cutchogue
Phase I ESA
FIGURE 6
1 SOILS MAP
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Source: Suffolk County Soil Survey
Scale: V=800' NORTH
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Phase 1 ESA
FIGURE 7
' TOPOGRAPHIC MAP
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Source: USGS Topographic Survey,Southold&Mattituck Hills
NORTH
Scale: 1"=800'
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1 Meyer Property,Cutchogue
Phase I ESA
FIGURE 8
1 WATER TABLE MAP
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Phase I ESA
FIGURE 9
NYSDEC FRESHWATER WETLANDS MAP
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Meyer Property,Cutchogue
Phase I ESA
FIGURE 10
FLOOD PLAIN MAP
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Source: FEMA Flood Map, 163
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Scale: Not to Scale
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•
ELIZABETH NEVILLE Town Hall, 53095 Main Road
TOWN CLERK utFFott PO Box 1179
Southold,NY 11971
• REGISTRAR OF VITAL STATISTICS Fax(631) 765-6145
MARRIAGE OFFICER or Telephone: (631)765 - 1800
RECORDS MANAGEMENT OFFICER southoldtown.northfork.net
FREEDOM OF INFORMATION OFFICER
RESOLUTION# 2006-119 Meeting: 01/17/06 07:30 PM
Resolution ID: 1500 Department: Land Preservation
Category: Misc. Public Hearing
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-119 WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17,2006:
RESOLVED that pursuant to the provision of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday,January
31, 2006 at 5:05 p.m., Southold Town Hall, 53095 Main Road, Southold,New York, as the time and place
for a public hearing for the purchase of a development rights easement on a portion of the property
owned by Sandra J. Meyer. Said property is identified as SCTM#1000-96-5-14 and part of#1000-102-2-
23.5. The address is 31025 Route 25, Cutchogue,New York, and is located on the northerly side of Route 25,
approximately 1,615 feet northeasterly from the intersection of Depot Lane and Route 25 in Cutchogue in R-40
and A-C zoning districts. The proposed acquisition is for an additional development rights easement of 6.0 acres
(subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development rights easement on the
• northerly portion of this parcel having previously been purchased by the Town of Southold in 2004.
The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation
Committee. The purchase price is $45,000 (forty-five thousand dollars) per buildable acre.
The property is listed on the Town's Community Preservation Project Plan as property that should be preserved
due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is
on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New
York, and may be examined by any interested person during business hours.
Elizabeth A. Neville
Southold Town Clerk
•
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT pursuant to the provision of Chapter 25
(Agricultural Lands) and Chapter 6 (2% Community Preservation Fund)of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesday,January 31, 2006
at 5:05 p.m., Southold Town Hall,53095 Main Road, Southold, New York, as the
time and place for a public hearine for the purchase of a development riehts
easement on a portion of the property owned by Sandra J. Meyer. Said property is
identified as SCTM#1000-96-5-14 and part of#1000-102-2-23.5. The address is
31025 Route 25, Cutchogue,New York, and is located on the northerly side of Route 25,
approximately 1,615 feet northeasterly from the intersection of Depot Lane and Route 25
in Cutchogue in R-40 and A-C zoning districts. The proposed acquisition is for an
additional development rights easement of 6.0 acres (subject to survey) on the 20.166.
acre parcel. There is an existing 9.0 acre development rights easement on the northerly
portion of this parcel having previously been purchased by the Town of Southold in
2004.
The exact area of the purchase is subject to a Town-provided survey acceptable to the
Land Preservation Committee. The purchase price is $45,000 (forty-five thousand
• dollars) per buildable acre.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in the Land Preservation Department, Southold Town
Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any
interested person during business hours.
Dated: January 17, 2006 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JANUARY 26, 2006, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
• The Suffolk Times Town Board Members Town Attorney
Land Preservation Town Clerk's Bulletin Board
• SOUTHOLD TOWN BOARD
PUBLIC HEARING
JANUARY 31, 2006
5:05 PM
PURCHASE OF DEVELOPMENT RIGHTS EASEMENT ON A PORTION OF THE
PROPERTY OWNED BY SANDRA J. MEYER, SCTM #1000-96-5-14 AND P/O
SCTM#1000-102-2-23.5
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the
provision of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby
sets Tuesday, January 31, 2006 at 5:05 p.m., Southold Town Hall, 53095 Main
Road, Southold, New York, as the time and place for a public hearine for the
purchase of a development rights easement on a portion of the property owned by
Sandra J. Meyer. Said property is identified as SCTM #1000-96-5-14 and part of
#1000-102-2-23.5. The address is 31025 Route 25, Cutchogue, New York, and is located
on the northerly side of Route 25, approximately 1,615 feet northeasterly from the
intersection of Depot Lane and Route 25 in Cutchogue in R-40 and A-C zoning districts.
• The proposed acquisition is for an additional development rights easement of 6.0 acres
(subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development
rights easement on the northerly portion of this parcel having previously been purchased
by the Town of Southold in 2004.
The exact area of the purchase is subject to a Town-provided survey acceptable to the
Land Preservation Committee. The purchase price is $45,000 (forty-five thousand
dollars)per buildable acre.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in the Land Preservation Department, Southold Town
Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any
interested person during business hours.
We have the Land Preservation Coordinator here and I will just let her speak at this time.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: I am Melissa Spiro, I
am the Land Preservation Coordinator. As noted, the hearing is for the purchase of a
developments rights easement on approximately six acres on the Meyer property in
Cutchogue. The farm is located just west of the King Kullen shopping center and
currently has a farmstand on Main Road. The property has some preservation history and
I wanted to just take a couple of minutes to highlight a few things. Sandy Meyer was
part-owner of what was originally a 43 acre farm, known as the Scott Farm. In 2001, the
• landowners offered and the Town purchased the development rights easement on 23 of
• the 43 acre farm. This left approximately 20 acres on which the developments rights
remained intact. The landowners went before the Planning Board, they subdivided the
large farm into two smaller farms, one farm was made up entirely of the 23 acres of the
developments rights easement and the other farm was the remaining 20 acres with the
developments right intact. In 2004, the landowners decided that they wanted to sell the
development rights to the Town on an additional nine acres of the 20 acre farm and the
Town purchased the nine acre easement. This left approximately 11 acres, including the
residential dwelling and farmstand, fronting on Main Road, with the development rights
intact. hi 2005, Sandra Meyer made an application to sell an additional six acres to the
Town. The purchase of the developments rights easement on this additional six acres is
the subject of tonight's hearing. The easement includes 60 feet of frontage to the west of
the existing farmstand, it goes back into the interior of the property and is adjacent to the
already protected farmland. Once the Town completes this purchase, 38 acres of the 43
acre parcel will be protected with Town owned development right easements. The
majority of the property is located within the AC zoning district, it is included on our
Community Preservation Fund and it is shown on our farmland inventory as land that is
in active farming. In addition to the prior purchases mentioned, the Town owns the
development rights on the properties to the east and to the west of the northerly part of
,the farm. The farm is located in one of the largest protected blocks of farmland within
the Town of Southold. The purchase price as mentioned is $45,000 an acre. The Land
Preservation Committee and I support this development rights acquisition and we
recommend that the Town Board proceed with the acquisition. Once the Town Board
• elects to purchase this property, we plan to move quickly towards the closing of this
acquisition and we are hoping to close within the next two weeks. I would like to thank
Sandra Meyer, who has sat through this whole long evening, sitting over here, for
offering development rights to us on this significant piece of farmland. Thanks.
SUPERVISOR RUSSELL: Thank you. Would anybody like to address the Board on this
purchase? (No response) We will close this hearing.
Elizabeth A. Neville
Southold Town Clerk
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ELIZABETH NEVILLE Town Hall, 53095 Main Road
TOWN CLERK `9juFF0(� PO Box 1179
Southold,NY 11971
• REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER �`" Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICEROsoutholdtown.northfork.net
FREEDOM OF INFORMATION OFFICER
RESOLUTION# 2006-183 Meeting: 01/31/06 04:30 PM
Resolution ID: 1545 Department: Land Preservation
Category: Seqra
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-183 WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31, 2006:
WHEREAS,the Town Board of the Town of Southold wishes to purchase a development rights easement on a
certain parcel of property owned by Sandra J. Meyer,pursuant to the provisions of Chapter 6 and Chapter 25 of
the Code of the Town of Southold. Said property is identified as SCTM #1000-96-5-14 and part of#1000-102-
2-23.5. The address is 31025 Route 25, Cutchogue,New York, and is located on the northerly side of Route 25,
approximately 1,615 feet northeasterly from the intersection of Depot Lane and Route 25 in Cutchogue in R-40
and A-C zoning districts. The proposed acquisition is for an additional development rights easement of 6.0 acres
(subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development rights easement on the
northerly portion of this parcel having previously been purchased by the Town of Southold in 2004. The exact
area of the development rights easement is subject to a Town-provided survey acceptable to the Land
Preservation Committee. The purchase price for the easement if$45,000 (forty-five thousand dollars) per
buildable acre; now, therefore,be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action
pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved
agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this
project is accepted and attached hereto; and, be it further
•
• RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the
environment and declares a negative declaration pursuant to SEORA Rules and Regulations in this
action.
Elizabeth A.Neville
Southold Town Clerk
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617.20
Apper C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
• For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION(To be completed by Applicant OR Project)Page 1 of 2
1.APPLICANT/SPONSOR:Southold Town Board 2.PROJECT NAME: vaier es pFV. R�swrS cqs carr;
SAN9EAL (A8 eR
3.PR07ECTLOC�ATION:
c
Municipality: JOOCFFOC.p TOWN County. SVVFOLk
4.PRECISE LOCATION:(Street address and road intersections,prominent landmarks,etc,or provide map)
SG-Cm'o loc>o-96-5-14 and len Iwo- 102-2-23.5
3107.5 ?.Gare- 9.5) Co e-"0606rrN.%/,
tJortMr.ly skit 04 Reute ZS r opgrs,<. 1,61$ 44rt ner Tl,�aS"l'fr\`/ Cres -Nt "K*Vfsec4ion 64
`fit •i' Lqr� a�w4r z 'w CehM or
tS...IIS PROPOSED ACTION:
/' New 0 Expansion El Modification
6.DESCRIBE PROJECT BRIEFLY:
lou n ?vt'e\' " o-C ck%)elb?r^ett a�5\,ts east.nen� an 6 aarri elr 20,166 qere
�aree\,T rp ks aq ot vicle alGJq.\plaint„} 4s5�}S tasemert}ay. Tie narT\.rr1Y -or4ior, a'E
-Nis T-groLQ 1saeleS Qrt•twsl 4frn pvro"lird lay Tk Town. •'C s6vA-”\& ih 2oe4,
7.AMOUNT OF LAND AFFECTED: -t
INITALLY 6- acres ULTIMATELY 6 acres
S.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
• Yes❑ No if Na, describebriefly
9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Residential M Commercial r. Industrial 5K Agriculture rl Park/Forest/Open space rp, Other
10.DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY(FEDERAL,STATE OR LOCAL)?
Yes No dyes,list agency(s)and permit/appmvals
3
j 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
{ Yes No if yes,list agency(s)and permit/appmvals
112.AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
Yes 17 No
I CERTIFY THAT THE INFOORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor Name: M-e k-(S S 0. � o f LAY&?XV5 6.14 Date: X 2 6 0 6
• Signature
If the action is in the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before
proceeding with this assessment
PART II-ENVIRONMENTAL ASSESSMENT(To be completed by Agency)Page 2 of 2
A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.47
• 0 YesrA No If yes coordinate the review process and use the Poll EAf
B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6?
❑ Yes® No If no,a negative dedaration may be suspended by another lnvaWd agency
C.COULD AMON RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING:
(Answers may be handwritten,If legible)
Cl. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns solid waste production or
disposal,potential for erosion,drainage or flooding problem?Explain briefly:
No
C2.Aesthetic,agricultural,archaeological,historic or other natural or cultural resources;or community or neighborhood character?
Explain briefly: -
V)o
C3.Vegetation or fauna fishes shellfish,or wildlife species,significant habitats,or threatened or endangered species?Explain briefly:
I\)D
C4.A community's existing plans or goals as officially adopted,or change in use or intensity of use of land or other natural resources?
Explain briefly:
No
C5.Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly:
00
C6.Long term,short tens,cumulative,or other effects not Identified in Cl-05?Explain briefly:
V0
C7.Other impacts(including changes in use of either quantity of type of energy)?Explain briefly:
D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A
CEA?
I Yes Per No
• E.IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
r
Yes No
PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,or otherwise significant.Each effect should
be assessed in connection with its(a)setting(i.e. urban or rural);probability of occurring;(c)duration;(d0 irreversibility;(e)geographic scope;
and(f)magnitude. If necessary,add attachments or reference supporting materials.Ensure that explanations contain sufficient detail to show
that all relevant adverse impacts have been identified and adequately addressed.If question D of part II was checked yes,the determination and
significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
!—, Check this box if you have identified one or more potentially large or significant adverse impacts,which may occur.Then
proceed directly to the FULL ENVIRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary,the reasons supporting this determination:
So TtlocA VbWN `So At2 l*
"j Name of Loan Agency
� SCoTT TVSi e�h- IIJowN ST(uj/cy C¢ur seSL
Print of type Name, f Res a Offic Agency a F/rV /1 of Responsible Officer
�r
Signature of ponsible Officer in Lead Agency Signature of preps e(if different from of responsible officer)
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ELIZABETH NEVILLE Town Hall, 53095 Main Road
TOWN CLERK PO Box 1179
Southold,NY 11971
• REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER southoldtown.northfork.net
FREEDOM OF INFORMATION OFFICER
RESOLUTION# 2006-186 Meeting: 01/31/06 04:30 PM
Resolution ID: 1546 Department: Land Preservation
Category: Contracts, Lease&Agreements
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-186 WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31,2006:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of
a development rights easement on a certain parcel of property owned by Sandra J. Meyer, on the 31st day of
January, 2006, 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#1000-96-5-14 and part of#1000-102-2-23.5. The address is
31025 Route 25, Cutchogue, New York, and is located on the northerly side of Route 25, approximately 1,615
feet northeasterly from the intersection of Depot Lane and Route 25 in Cutchogue in R-40 and A-C zoning
districts; and
WHEREAS, the development rights easement comprises 6.0 acres (subject to survey) on the 20.166 acre
parcel. There is an existing 9.0 acre development rights easement on the northerly portion of this parcel having
previously been purchased by the Town of Southold in 2004; and
WHEREAS, the purchase price for the easement is $45,000 (forty-five thousand dollars) per buildable acre.
The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land
Preservation Committee; 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 lands on which the Town and/or the
County have purchased development rights easements; and
WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of
Chapter 6 (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 this agricultural land; now, therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights
easement on agricultural land owned by Sandra I Meyer, pursuant to the provisions of Chapter 6 and
Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-96-5-14 and
part of#1000-102-2-23.5. The address is 31025 Route 25, Cutchogue,New York, and is located on the
northerly side of Route 25 approximately 1,615 feet northeasterly of the intersection of Depot Lane and Route
• 25 in Cutchogue in R-40 and A-C zoning districts. The development rights easement comprises 6.0 acres
(subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development rights easement on the
northerly portion of this parcel having previously been purchased by the Town of Southold in 2004. The exact
area of the development rights easement is subject to a Town-provided survey acceptable to the Land
Preservation Committee. The purchase price for the easement if$45,000 (forty-five thousand dollars) per
buildable acre.
t+�Q�
Elizabeth A. Neville
Southold Town Clerk
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• CLOSING STATEMENT
SANDRA J. MEYER
to TOWN OF SOUTHOLD
Development Rights Easement— 6.0 acres
6.0 buildable acres @ $45,000/acre
Premises: 31025 Main Road (Route 25), Cutchogue, NY
SCTM #1000-102-2-p/o 23.5
Closing held on Thursday, February 9, 2006 at 10:00 a.m.,
Land Preservation Department, Southold Town Hall Annex
Purchase Price of $270,000.00 disbursed as follows:
Payable to Fremont Investment & Loan $ 125,859.37
Check #84917 (2/9/06)
Payable to George R. Mellas, Receiver of Taxes $ 5,869.13
Check#84920 (2/9/06)
• Payable to Sandra J. Meyer $ 138,271.50
Check #84918 (2/9/06)
Expenses of Closing:
Appraisal
Payable to Given Associates, LLC $ 2,300.00
Check#83072 (9/13/05)
Survey
Payable to Peconic Surveyors, P.C. $ 2,700.00
Check #84380 (12/20/05)
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC $ 1,250.00
Check #84524 (1/3/06)
. Title Report
Payable to Stewart Title Insurance Company $ 1,815.00
Check #84919 (2/9/06)
Fee insurance $ 1,515.00
Recording deed $ 250.00
Certified deed $ 50.00
Title Closer Attendance Fee
Payable to Patricia Fallon $ 100.00
Check #84916 (2/9/06)
Those present at Closing:
Scott A. Russell Southold Town Supervisor
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
Sandra J. Meyer Seller
• Richard Lark, Esq. Attorney for Seller
Patricia Fallon Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Administrative Asst
•
^SSSSS 3S# i� s#4 'r1 � 5 MR
r��f� #Sf #i�:�.S#S�k �4'�s3�s>t 3}S
sS s�W# nLii #1i"° `<
r 3# C ;� tSys S S � i bit{`'
ySSSM SSw, xr..r..
r.. 0 sS
(F(yry�E�7�K(
V &'L4' N
t S #Si 23ftN".^28
1f� (( 7 ¢ vn w
eft-
f3#
(( - NP
�#��31�knt. f4
n"0849LTill 1:0 2 140 54641: 63 000004 011-
VENDOR 006796 FREMONT INVESTMENT & LOAN 02/09/2006 CHECK 84917
T?TTMT) z. nrrnLTI\TT o n IMAjnTrr n>~crpTPTTnm BDdnrTTrm
H3 . 8660 .2 . 600 . 100 020906 P/OFF-800061641/M 125, 859 . 37
TOTAL 125, 859 . 37
•
TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
SS7�� `"j�r.n�7 s}�: 147 4P }l �37`�i3ry � �t3�.-•r�Y S#9 1� ,33�" 14 "" �� ..d F .a. 9 Y) .d7J��3 '
Srr5 �tN 4i ��sSSSSS�S4%>tr�{
t4 3S ��5 S.Sai 3°< t ' �# S, SSSS4� SSS tt � #�, s„ X16 3Ss SS �>,7 1#1 sS SSS g s�
((y75(( C(((( Sa I f15.tya� a
ft
.
e^ '+�"
0849 20,19 1:0 2 1b054641: 63 000004 On'
VENDOR 999907 GEORGE SULLIVAN, TAX RECEIVER 02/09/2006 CHECK 84920
8TTi1M r W'rY1LTNT P Tmllmrp. T1FSrRTPTTom AMOUNT
H3 . 8660 .2 . 600 . 100 011864A 2005/06 BILL/MEYER 5, 839 . 93
H3 . 8660 . 2 . 600 . 100 011864B 1% PNLTY/MEYER 29 . 20
TOTAL 5, 869 . 13
•
TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
i) sS$ £SS� `sSS 3S�k Sb 53 ^sS4','• g$ss ?4 ��4 S1S3.IsS` SSSSS S§
rM
,�s�ss"s�ssS SSS s��SsSsss�SS�SS�ss��s�sS�sS ��.SSS�S���:�.�.SSS:^S3S�SS4� �sss .
ss Sssf sss }ss ssA )���SSS 'ss� sss gas SSs�SSs~r�ss �ss; ss � �, b.
dS SSSsfS "'SSS ,SSn� SS wn-''5 SSSSSZ�ms S4S 5iS FSSg" S ^SSS S^SSS, S SS=S4S�fSS SS, i , SSS S} 4s
},S - SS(� SSS SSS�S3CS`"`S<S�SSJ�S,S�SS Maw 1} eft W- 00Sf�S,s �i� � )) l"^z $' rt u r �•
SAY�yTA S��� U,a - TER
d�D a 816.2 MPS R AD
PO-SOY1. .6
11'0849 Wol 40 2 140 54640: 63 000004 0n'
VENDOR 013603 SANDRA J. MEYER 02/09/2006 CHECK 84918
Frrnm c. nrrn,TNTT P O 4 INVOICE nRgr'pTPTIoM Amr)TTNT.T
H3 . 8660 . 2 . 600 . 100 020906 DEV RIGHTS-6 ACRE 138, 271 . 50
TOTAL 138 , 271 . 50
•
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TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
GIVEN
ASSOCIATES
•
GIVEN ASSOCIATES, LLC (631) 360-3474
P.O. Box 5305 . 548 Route 111 • Hauppauge, NY. 11788-0306 FAX 360-3622
August 23, 2005
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee DQ
Town Hall Annex D
54375 State Route 25
PO Box 1179 SEP - 6 2005
Southold, N.Y. 11971
DEPT,OF LAND
Property of Sandra Meyer, S.C.T.M. #1000-102-2-23.5 PRESERVATION
Located North side of Main Road, Cutchogue, NY
File# 2005167 $2,300.00
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual . . . . .Detail--GL100N. . . . . . . . . . . . . .
Vendor. . 007416 GIVEN ASSOCIATES LL : W-09132005-700 Line: 141 Formula: 0
: Account. . H3 .600
: Acct Desc ACCOUNTS PAYABLE
Y JE Date Trx.Date Fund Account : Trx Date. . . . . 9/13/2005 SDT 9/12/05
----------------------------- Begi : Trx Amount. . . 2, 300 .00
4/12/2005 4/12/2005 H3 .600 : Description. . APPRAISAL-MEYER
4/12/2005 4/12/2005 H3 . 600 : Vendor Code. . 007416
4/26/2005 4/26/2005 H3 . 600 : Vendor Name. . GIVEN ASSOCIATES LLC
4/26/2005 4/26/2005 H3 . 600 : Alt Vnd. .
4/26/2005 4/26/2005 H3 . 600 : CHECK. . . . . . . . 83072 SCNB ;
5/10/2005 5/10/2005 H3 .600 : Invoice Code. 2005167
5/10/2005 5/10/2005 H3 . 600 : VOUCHER. . . . . .
7/05/2005 7/05/2005 H3 . 600 : P.O. Code. . . . 14355
,Y, 9/13/2005 9/13/2005 H3 .600 : Project Code.
„ 10/25/2005 10/25/2005 H3 . 600 : Final Payment F Liquid.
„ 10/25/2005 10/25/2005 H3 . 600 : Type of 1099 . M BOX. Addl .
„ 11/10/2005 11/10/2005 A . 600 Fixed Asset. . Y
1 /10/2005 11/10/2005 A . 600 : Date Released 9/13/2005
/10/2005 11/10/2005 A .600 : Date Cleared. 9/30/2005
„ 12/20/2005 12/20/2005 H3 .600 : F3=Exit F12=Cancel
-------------------------------- E .
CANNOT FORWARD. END OF FILE
PECONIC SURVEYORS, P.C.
EO.Box 909
• 1230 Traveler Street
Southold,N.Y.11971
(631)765-5020•Fax(631)765-1797
I
DECEMBER 1 6TH, 2005
TOWN OF SOUTHOLD
P.O. BOX 1 179
SOUTHOLD NY 11971
ATTENTIO14:n MS. M. SPIRO
FOR PROFESSIONAL S S l RENDERED:
FAX TRANSM O N
. (631 ) 765-6640
OUR JOB # 00-274
YOUR VENDOR # 16144
RE: MEYER To TOWN OF SOUTHOLD
.r,
SURVEY AS PER QUOTE: $2,700.00
0 SUFFOLK COUNTY TAX MAP #
1000-96-05-14 & 1000- 102-02-23.5
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . .
Vendor. . 016144 PECONIC SURVEYORS, : W-12202005-491 Line: 409 Formula: 0
: Account. . H3 .600
: Acct Desc ACCOUNTS PAYABLE
Y JE Date Trx.Date Fund Account : Trx Date. . . . . 12/20/2005 SDT 12/20/05
------------------------- Use Acti : Trx Amount. . . 2,700. 00
7/31/2001 7/31/2001 H3 .600 : Description. . SURVEY-MEYER PROPERTY
8/28/2001 8/28/2001 A .600 : Vendor Code. . 016144
6/03/2003 6/03/2003 H3 .600 : Vendor Name. . PECONIC SURVEYORS, P.C.
„ 12/02/2003 12/02/2003 H3 . 600 : Alt Vnd. .
3/23/2004 3/23/2004 H3 . 600 : CHECK. . . . . . . . 84380 SCNB
5/04/2004 5/04/2004 H3 . 600 : Invoice Code. 05-274
5/04/2004 5/04/2004 H2 . 600 : VOUCHER. . . . . .
„ 11/30/2004 11/30/2004 H3 . 600 : P.O. Code. . . . 14378
4/26/2005 4/26/2005 H3 . 600 : Project Code.
4/26/2005 4/26/2005 H3 .600 : Final Payment F Liquid.
X 12/20/2005 12/20/2005 H3 . 600 : Type of 1099. N BOX. Addl.
Fixed Asset. . Y
• : Date Released 12/20/2005
: Date Cleared. 12/31/2005
: F3=Exit F12=Cancel
-------------------------------- E :
Select Record(s) or Use Action Code : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nelson, Pope & Voorhis, LLC Property: 05379 Project: VA01976
572 Walt Whitman Road Phone: 631-427-5665
1J'tiville NY 11747 Fax: 631-427-5620 Meyer Property, Cutchogue
Manager: McGinn, Steven
40
Invoice
To Town of Southold Dept of Land Presery Invoice#: 3736
Town Hall Invoice Date: December 14,2005
53095 State Rt 25,PO Box 1179
Southold NY 11971
Attention:Melissa A Spiro
MAKE CHECKS PAYABLE TO NELSON POPE&VOORHIS Invoice Amount $1,250.00
Contract Item#1: Prepare Phase I Environmental Site Assessment
Work Performed: 11/14 thru 11/22/05
Contract Amount: $1,250.00
Percent Complete: 100.00%
Fee Earned: $1,250.00
Prior Fee Billings: $0.00
Current Fee Total: $1,250.00
is
*** Total Project Invoice Amount $1,250.00
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
View 1 ** Actual Hi . . . . . . . .Detail--GL100N. . . . . . . . . . .
Vender. . 014161 NELSON, POPE & VOOR : W-01032006-564 Line: 137 Formula: 0
!=Select : Account. . H3 .600
JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE
------------------------- Use Acti : Trx Date. . . . . 1/03/2006 SDT 1/04/06
5/10/2005 5/10/2005 H3 .600 : Trx Amount. . . 1,250 .00
7/05/2005 7/05/2005 H3 .600 : Description. . PHASE 1 ESA REPORT-MEYER
7/05/2005 7/05/2005 H3 .600 : Vendor Code. . 014161
8/02/2005 8/02/2005 H3 .600 : Vendor Name. . NELSON, POPE & VOORHIS,
9/27/2005 9/27/2005 B .600 : Alt Vnd. .
9/27/2005 9/27/2005 B . 600 : CHECK. . . . . . . . 84524 SCNB
„ 10/11/2005 10/11/2005 H3 . 600 : Invoice Code. 3736
12/20/2005 12/20/2005 B . 600 : VOUCHER. . . . . .
Y, 1/03/2006 1/03/2006 H3 . 600 : P.O. Code. . . . 14379
: Project Code.
: Final Payment F Liquid.
: Type of 1099 . M BOX. 07 Addl.
: Fixed Asset. . Y
• : Date Released 1/03/2006
: Date Cleared. 1/31/2006
- ------------------ ----- -- E : F3=Exit F12=Cancel
F2=Shift Up F3=Exit F10=Prev View
CANNOT FORWARD. END OF FILE : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STEWART TITLE INSURANCE COMPANY
• 126 Baylis Road, Suite 201, Melville, New York 11747
x7631-601-9616 fax631-501-9623
Title No. ��"d '�X DlD/ Date v igL,16
FEE INSURANCE COVERAGEoZrJa,�,D� - PREMIUM S I
FAIR MARKET VALUE RIDER PREMIUM
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Arbitration
Residential
Adjustable Rate Rider
NEW YORK STATE TRANSFERIMANSION TAX
MORTGAGE TAX(Mortgagee)
MORTGAGE TAX(Mortgagor)
COMMUNITY PRESERVATION FUND
SURVEYINSPECCION
• DEPARTMENTAL SEARCHES
STREET REPORT
BAN KRUPTCY SEARCH
ESCROW DEPOSIT FEE
ESCROW DEPOSIT
RECORDING FEES:
(I)DEED(S) J"' w_ bac Qa
( )SATISFACTION(S)
( )MORTGAGE(S)
( )CONSOLIDATION,EXTENSION&MODIFICATION AGREEMENT(S)
( )MORTGAGE AFFIDAVIT(S)
( )ASSIGNMENT(S)
TOTAL CHARGES 9 l z/
CLOSER CH ARC ES,IF ANY: PICK-UP FEE
OTHER:
PATRICIA L. FALLON
Title Closer
'41,
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1110849 i91i' 1:0 2 140 54641: 63 000004 0111
VENDOR 019624 STEWART- TITLE INSURANCE CO. 02/09/2006 CHECK 84919
Rizin Q ACCCUNT P Q 4 IN31QTrE DESrRIPTIf1N AD401ZIT
H3 . 8660 . 2 . 600 . 100 14894 25-S-2067 TITLE POLICY/MEYER 1, 515 . 00
H3 . 8660 . 2 . 600 . 100 14894 25-S-2067 REC DEED/MEYER 250 . 00
H3 . 8660 .2 . 600 . 100 14894 25-S-2067 CERTIFY DEED/MEYER 50 . 00
TOTAL 1, 815 . 00
•
•
TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
Ow-'n,"
,N " S J�5
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110064916,18 1:021L,054641: 63 000004 0111
VENDOR 006013 PATRICIA FALLON 02/09/2006 CHECK 84916
PTZM & Ar-rnTZIT D r) 4 Tbzrr)T(-w npqcRTpTTQN
H3 . 8660 .2 . 600 . 100 020906 TITLE CLOSER/MEYER 100 . 00
TOTAL 100 . 00
•
•
TOWN OF SOUTHOLD SOUTHOLD NY 11971-0959
SANDRA J. MEYER
• (f/k/a Sandra J. Scott)
to
TOWN OF SOUTHOLD
SCTM #1000-102-2-p/o 23.5
6.0 acres development rights easement
31025 Route 25 (Main Road), Cutchogue
Closing held: February 9, 2006
w ..
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Scott A. Russell, Southold Town Supervisor
Sandra J. Meyer, Landowner
•
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•
(IIIIIII IIII VIII VIII VIII(IIII VIII VIII VIII IIII IIII
I IIIIII VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: MISCELLANEOUS - DEED Recorded: 02/21/2006
Number of Pages: 16 At: 11:38 :19 AM
Receipt Number : 06-0017487
TRANSFER TAX NUMBER: 05-28136 LIBER: D00012436
PAGE : 819
District: Section: Block: Lot:
1000 102 . 00 02 . 00 023 . 007
EXAMINED AND CHARGED AS FOLLOWS
eed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $48 . 00 NO Handling $5 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
EA-CTY $0 . 00 NO EA-STATE $0 . 00 NO
TP-584 $5 . 00 NO Notation $0 . 00 NO
Cert.Copies $10 .40 NO RPT $30 . 00 NO
SCTM $0 . 00 NO Transfer tax $0 . 00 NO
Comm.Pres $0 . 00 NO
Fees Paid $118 .40
TRANSFER TAX NUMBER: 05-28136
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
11 LJ , r r
�+�1R 17 2006
�JEFi OF LAND
RECORDED
Number of pages 2006 Feb 21 11:38:19 AM
TORRENS CLERK OF
Serial# SUFFOLK COUNTY
L D00012436
Certificate# F 819
DT8 05-28136
Prior Ctf.#
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp pA Recording/Filing Stamps
3 1 FEES
Page/Filing Fee L Mortgage Amt.
1. Basic Tax
Handling 5. 00 2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
�-Q or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
r y t � Dual Town Dual County
R.P.T.S.A. l�tJ Held for Appointment
L�
Comm.of Ed. 5. 00 �, ',.- � Transfer Tax
Affidavit Mansion Tax
�`—- ' The property covered by this mortgage is
(Certified qo
Cr
oP or will be improved by a one or two
NYSSurcharge 15. 00 Sub Tota] �Il/i�� family dwelling only.
YES or NO
Other
• Grand Total --t--� If NO,see appropriate tax clause on
page# of this ins
4 Dist.100Section 102 Block 2- Lot 23,- 5 Community Preservation Fund
Real Property 1000 10200 0200 023007 Consideration Amount $ CO
Tax Service
Agency R E P A CPF Tax Due $
Verification
16-FEB-
Improved
Vacant Land
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address TO ���
RECORD&RETURN TO:
UScl C (0r6 6M 6✓] 1 TO
235 I ,Mplz)n QOO J TO
Soi 'h o m etoo r N V 7 Title Company Information
I Icibu Co.Name �TCzuaa-r rr TIL
Title# a6--s-,2aGv
8 Suffolk County Recordin & Endorsement Pn e
This page forms part of the attached E Q 5 e m e n Il - ik'\}CLY7ff e n+F-i C'` h made by:
(SPECIFY TYPE—OF W RUME ) M
M V e Sa n Q C�
The premises herein is situated in
• ` SUFFOLK COUNTY,NEW YORK.
/,/{� ��ww�� t_ �prTO In the Township of •�0ar1-lOLO
- I o Vy n O T J O J-t'h 01 In the VILLAGE
or HAMLET of (�U"2ffd Gcf&
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
January 25,2006
• GRANT OF DEVELOPMENT RIGHTS EASEMENT Q
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the /
day ofrz*ue,gq2006 at Southold, New York. The party is SANDRA J. MEYER,°SaNncn
31025 Route25, P.O. Box 1168, Cutchogue, New York 11935 (herein called scc^T
"Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having
its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York
(herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM# 1000-102-2-23.5 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by John
Metzer, dated October 28, 2003 and last revised January 4, 2006, and
hereinafter referred to as the "Property"; and
WHEREAS, the Property is part of a larger parcel of which 9 acres is
subject to a Grant of Development Rights Easement recorded at Liber
D00012347, page 003; and
WHEREAS, the Property is located in both the AC and the R-40 Zoning
Districts of the Town of Southold; and
• WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department'of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for agricultural production;
and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, 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 and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
• the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
• and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of Two Hundred and Seventy
Thousand Dollars ($270,000.00) and other good and valuable consideration
paid to the Grantor, the receipt of which is hereby acknowledged, the
Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee
a Development Rights Easement, in gross, which shall be binding upon and
shall restrict the premises shown and designated as the Property herein,
more particularly bounded and described on Schedule "A" annexed hereto
and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for herself, and for and on behalf of her legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
• Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
•
0 04 Governmental Recognition
• New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated October 28, 2003 last revised January 4, 2006
prepared John Metzger and a Phase 1 Environmental Site Assessment dated
December 9, 2005 by Nelson, Pope &Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
• ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 25 of the Town Code of the
Town of Southold (the "Code"). Notwithstanding the definition of agricultural
production in Chapter 25 of the Code, structures are permitted only as set
forth in this Easement.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
• This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including walkways.
3.02 Excavation and Removal of Materials: Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, 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 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization and composting.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to advertise a use for which Grantor is
permitted under this Easement, (c) to temporarily advertise the Property or
any portion thereof for sale or rent, (d) to post the Property to control
unauthorized entry or use, or (e) to announce Grantee's easement.
Signs, including their number, size and location, are subject to
approval by the Town of Southold Land Preservation Committee and to any
other regulatory requirements of the Town. Grantor shall use her best
efforts to locate all signs in the reserve area shown on the survey dated
October 28, 2003 and last revised January 4, 2006 and outside of the 60' of
road frontage along Main Road.
. 3.06 Landscaping Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04. Notwithstanding this
provision, the property may be cleared in connection with agricultural
production, as that term is currently defined in Chapter 25 of the Town
Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. Utilities must,
to the extent possible, be constructed within 30 feet of the centerline of any
roads or driveways, and may be used solely to service the permitted
structures. The Property may not be used for the creation or placement of
utilities to service any other properties.
3.08 Prohibited Uses
The use of the Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, shall be prohibited.
For the purposes of this section, agricultural production, as 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 U.S.
Department of Agriculture's National Resource Conservation Service.
3.10 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump 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 Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
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 particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law.
Farm tours, picking of farm crops by the public, horse boarding and
riding, a parking area for agricultural structures and the display of seasonal
products in connection with farm stand sales, without the use of structures
for such displays, shall be permitted, provided all such uses are consistent
with this Easement and with Chapter 25 of the Town Code.
4.04 Landscaping 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, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the
property.
4 05 Agricultural Activities
• Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 25 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as they may be
permitted by the Code of the Town of Southold and subject to the approval
of the Town of Southold Land Preservation Committee, provided the
improvements are consistent with and do not derogate from or defeat the
Purpose of this Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, including horse barns, corrals, and
riding areas, provided such structures are necessary for
agricultural production, consistent with this Easement and
with Chapter 25 of the Town Code, and are located within
the "Agricultural Structure Area" only and comply with lot
coverage restrictions for the entire SCTM #1000-102-2-
23.5 and #1000-95-5-14 (said Agricultural Structure Area
is more fully described in Schedule B attached hereto and
made a part hereof);
(iii) Renovation, maintenance and repairs of structures built
pursuant to this Section 4.06, provided the primary
purpose of the structure remains agricultural production;
(iv) Farm roads and drives used to access agricultural
structures or lands used in agricultural production;
(v) Parking area for agricultural structures.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
4.07 Notice
• Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
• agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
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 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
• ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys'fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Party 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) from
injury to persons or damages to property arising from any activity on the
Property, except those due solely to the acts of the Grantee, its officers,
. employees, agents, or independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin
and prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby authorized
to enter upon the Property to perform such maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that 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 and
6.03, or to permit access upon the Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
• Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
• (i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section.
6.04 Notice
• All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment/Condemnation
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
• event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open
7.06 Interpretation
• Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
• 7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
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.
ACKNOWL BGED AND ACCEPTED:
i
SAN DRA J. ME R , FIKA SnAoen T. Sc,rr
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD(Grantee)
BY:
Scott A. Russell
• Supervisor
• STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On tjils 'day of FEB. in the year 2006 before me, the undersigned,
SANDRA]. MEYERpersonally appeared personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the per on upon behalf of which the individual(s) acted, executed the
ins......ent. '' FIKIA SANDKA T. Sc.nrT
x' p" 'e w PATRICIA L.FALLON
Notary Public Notary Public,State Of New York
No. 01 FA4950146
STATE OF NEW YORK ) Qualified In 5ulfolk County
COUNTY OF SUFFOLK ) SS: Commission Expires April 24,'ut j
On this laday of FEB. in the year 2006 before me, the undersigned, personally
appeared SCOTT A. RUSSELL personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument.
OQ�a i jai .0
Notary Public PATRICIA L.FALLON
Notary Public,State Of New York
No. 01FA4050146
Qualified In Suffolk County
Commission Expires April 24, -4'v7
C:\Documents and Settings\Anne\My Documents\Anne\Town of Southold Deeds of Development Rights\Sandra
Meyer Development Rights Easement-11405.doc
•
01/24/2006 13:27 6315019623 S'TEWARTTITLE ?AGE 02/04
Stewart Title Insurance Company
Title No: 25-S-2067
Schedule A Description
(AMENDED 0112412006)
ALL that certain plot,piece or parcel of land, lying and being at Cutchogue, Town.of Southold,
County of Suffolk and State of New York being more particularly bounded and described as
follows:
BEGINNING at a monument on the northwesterly side of Main Road(SR25)distant easterly
1617 feet from the corner formed by the enter section of the easterly side of Depot Lane with the
northerly side of Main Road ,as measured along said northerly side of Main Road; and
RUNNING THENCE along lands now or formerly of Cutchogue Methodist Church
• 1)North 42 degrees 27 minutes 10 seconds West, 334.10 to a monument
2) South 48 degrees 08 minutes 50 seconds West, 35.00 feet to lands now or formerly of
Cutchoguc Cemetery Association;
THENCE along said lands now or formerly of Cutchogue Cemetery Association North 42
degrees 44 minutes 00 seconds Nest, 913.54 to a point:
THENCE North 47 degrees 16 minutes 00 seconds East, 387,32 feet;
THENCE South 43 degrees 24 minutes 10 seconds East, 529.91 feet;
THENCE South 47 degrees 16 minutes 00 seconds West, 303.51 feet;
THENCE South 42 degrees 59 minutes 07 seconds East, 722.98 feet to the northwesterly side of
Main Road;
THENCE South 51 degrees 43 minutes 40 seconds West along the northwesterly side of Main
Road 60.00 feet to the monument.to the point or place of BEGINNING,
• TOGETHER with all right, title and interest of the patty of the first part, in and to the lanai lying
in the street in front of and adjoining said premises.
01/24/2006 13:27 6315015623 STEWARTTITLE PAGE 04i
• FOR INFOR,�ATIONONy
AG STRUCTURE AREA SCHEDULE B
ALL that certain plot,piece or parcel of land, lying and being at Cutchogue. Town of Southold,
County of Suffolk and State of New York being more particularly bounded and described as
follows:
BEGINNING at a monument on the nortbwesterly side of Main Road(SR25) distant easterly
1617 feet from the corner formed by the enter section of the easterly side of Depot bane with the
northerly side of Main Road,as measured along said northerly side of Main Road, and;
RUNNING THENCE along the northerly side of Main Road(SR25) South 51 degrees 43
minutes 40 seconds West, 370.00 feet(actual) (370.30 feet deed)to a monument;
THENCE North 43 degrees 24 minutes 10 seconds West, 747.13 feet to the true point or place
of beginning;
THENCE South 47 degrees 16 minutes 00 seconds West, 200.00 feet to a point;
THENCE North 43 degrees 24 minutes 10 seconds West, 529.91 feet to a point;
THENCE North 47 degrees 16 minutes 00 seconds East, 200.00 feet to a point;
THENCE South 43 degrees 24 minutes 10 seconds East, 529.91 feet to the true point or place of
BEGINNING.
• 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.
T
• I
T
L
E
P
O
L
I
C
• Y
•
ALTA OWNER'S POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
t STEWART TITLE°
INSURANCE COMPANY }
} t
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: I
+ 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; f
2. Any defect in or lien or encumbrance on the title; +
3. Unmarketability of the title; +
} 4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the t
extent provided in the Conditions and Stipulations. +
} 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 Schedule A. t
} STEWART TITLE° t
} INSURANCE COMPANY }
{ Countersigned by: +
+ /�XNSURgN t
} g,ti uoPP�R,grcF President
F;n
} 1987 �E3
+ S•.WVO.Y? {
L101 Secretary }
} EXCLUSIONS FROM COVERAGE +
+ The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason }
of: }
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating, prohibiting or
relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in }
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these }
laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or
alleged violation affecting the land has.been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting +
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters: }
(a) created,suffered,assumed or agreed to by the insured claimant; +
(b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant; +
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. +
4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state }
insolvency,or similar creditors'rights laws,that is based on:
' (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or }
(b) the transaction creating the estate or interest insured by this policy being deemed o preferential transfer except where the preferential transfer results from the failure:
�1 (i) to timely record the instrument of transfer;or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
P°��r'°' 0-8831 - 352569
Serio No
NY001(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: 25-S-2067
Date: February 6, 2006
Melanie Doroski
Melissa A. Spiro
Town of Southold-Land Preservation
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
RE: Borrower/Current Owner: Town of Southold
Premises: 31025 Route 25 (Main Road)
Cutchogue,New York 11935
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.
•
ALTA OWNER'S POLICY
SCHEDULE A
Title No.: 25-S-2067 Policy No.: 0-8831-352569
Date of Policy: February 9, 2006 Amount of Insurance: $270,000.00
1. Name of Insured: County: Suffolk
Town of Southold
2. The estate or interest in the land described herein and which is covered by this policy is:
Development Rights Easement
3. Title to the estate or interest in the land is vested in:
Town of Southold, who acquired Development Rights Easement by virtue of Agreement from Sandra J.
• Scott, dated 2/9/2006 and to be recorded in the Suffolk County Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000 Section: 102.00 Block: 02.00 Lot: 023.005,
•
4612 (7/93) Paget STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company
Title No: 25-S-2067 Policy No.: 0-8831-352569
Schedule A Description
(AMENDED 01/24/2006)
ALL that certain plot, piece or parcel of land, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York being more particularly bounded and described as
follows:
BEGINNING at a monument on the northwesterly side of Main Road (SR25) distant easterly
1617 feet from the corner formed by the intersection of the easterly side of Depot Lane with the
northerly side of Main Road, as measured along said northerly side of Main Road; and
RUNNING THENCE along lands now or formerly of Cutchogue Methodist Church
1)North 42 degrees 27 minutes 10 seconds West, 334.10 to a monument
2) South 48 degrees 08 minutes 50 seconds West, 35.00 feet to lands now or formerly of
Cutchogue Cemetery Association;
THENCE along said lands now or formerly of Cutchogue Cemetery Association North 42
degrees 44 minutes 00 seconds West, 913.54 to a point;
THENCE North 47 degrees 16 minutes 00 seconds East, 387.32 feet;
THENCE South 43 degrees 24 minutes 10 seconds East, 529.91 feet;
THENCE South 47 degrees 16 minutes 00 seconds West, 303.51 feet;
THENCE South 42 degrees 59 minutes 07 seconds East, 722.98 feet to the northwesterly side of
Main Road;
THENCE South 51 degrees 43 minutes 40 seconds West along the northwesterly side of Main
Road 60.00 feet to the monument, to the point or place of BEGINNING.
•
• FOR INFORMATION ONLY
AG STRUCTURE AREA
ALL that certain plot, piece or parcel of land, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York being more particularly bounded and described as
follows:
BEGINNING at a monument on the northwesterly side of Main Road (SR25) distant easterly
1617 feet from the corner formed by the intersection of the easterly side of Depot Lane with the
northerly side of Main Road, as measured along said northerly side of Main Road, and;
RUNNING THENCE along the northerly side of Main Road (SR25) South 51 degrees 43
minutes 40 seconds West, 370.00 feet(actual) (370.30 feet deed) to a monument;
THENCE North 43 degrees 24 minutes 10 seconds West, 747.13 feet to the true point or place
of beginning;
THENCE South 47 degrees 16 minutes 00 seconds West, 200.00 feet to a point;
THENCE North 43 degrees 24 minutes 10 seconds West, 529.91 feet to a point;
THENCE North 47 degrees 16 minutes 00 seconds East, 200.00 feet to a point;
• THENCE South 43 degrees 24 minutes 10 seconds East, 529.91 feet to the true point or place of
BEGINNING.
•
ALTA OWNER'S POLICY
SCHEDULE B
• Title No.: 25-S-2067 Policy No 0-8831-352569
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:
1. Rights of tenant(s) or person(s) in possession, if any.
2. Survey made by John Metzg last dated 12/4/2005 shows premises and more. Survey reading as to subject
premises (6 acres development rights) shows premises as vacant land traversed by farm fencing. AG
structure area located at northeast corner of premises. Fencing varies with record East line and record West
line unspecified distances.
3. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by
the grantor(s) and the Town of Southold.
4. Deed of Developmental Rights recorded in Liber 12110 at Page 692.
5. Right of Way set forth in Liber 2349 at Page 355.
• 6. Easement Agreement recorded in Liber 12344 at Page 672.
7. Policy excepts the lien of restored taxes,plus interest and penalties, if any.
8. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any.
•
4613 (2/93 Page STEWART TITLE
INSURANCE COMPANY
STEWART TITLE
INSURANCE COMPANY
• HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: 25-S-2067
ATTACHED TO AND MADE APART OF POLICY NUMBER 0-8831-352569
1.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 of the insured as shown in Schedule A of this policy."
2.The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also
cover intervening liens or encumbrances,except real estate taxes,assessments,water charges,and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly
stated.
•
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions
from Coverage,Schedules,Conditions and Stipulations therein,except as modified by the provisions hereof.
Signed on February 9, 2006
STEWART TITLE
Stewart Title Insurance Company INSURANCE COMPANY
Signed by, F. 5 4N
CQ pig
1987 3
7�'.s Fwroa�
Authorized Office or Agent
Stewart Title Insurance Company
125 Baylis Road Suite 201 President
Melville, New York 11747
Agent No.: 327005 4a- a
• Secretary
STANDARD NEW YORK ENDORSEMENT(9/1/93)
FOR USE WITH ALTA OWNER'S POLICY (10/17/92)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a defense as
The following terms when used in this policy mean: required or permitted by the provisions of this policy,the Company may pursue any litigation
(a) "insured":the insured named in Schedule A,and,subject to any rights or defenses to final determination by a court of competent jurisdiction and expressly reserves the right,in
the Company would have had against the named insured,those who succeed to the interest its sole discretion,to appeal from any adverse judgment or order.
• of the named insured by operation of law as distinguished from purchase including,but not (d) In all cases where this policy permits or requires the Company to prosecute or
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or provide for the defense of any action or proceeding,the insured shall secure to the Company
corporate or fiduciary successors. the right to so prosecute or provide defense in the action or proceeding, and all appeals
(b) "insured claimant":an insured claiming loss or damage. therein, and permit the Company to use, at its option, the name of the insured for this
(c) "knowledge" or"known": actual knowledge, not constructive knowledge or notice purpose. Whenever requested by the Company,the insured,at the Company's expense,shall
which may be imputed to an insured by reason of the public records as defined in this policy give the Company all reasonable aid (i) in any action or proceeding, securing evidence,
or any other records which import constructive notice of matters affecting the land. obtaining witnesses, prosecuting or defending the action or proceeding, or effecting
(d) "land":the land described or referred to in Schedule A, and improvements affixed settlement, and (ii) in any other lawful act which in the opinion of the Company may be
thereto which by law constitute real property. The term"land"does not include any property necessary or desirable to establish the title to the estate or interest as insured. If the
beyond the lines of the area described or referred to in Schedule A, nor any right, title, Company is prejudiced by the failure of the insured to furnish the required cooperation, the
interest, estate or easement in shutting streets, roads, avenues, alleys, lanes, ways or Company's obligations to the insured under the policy shall terminate,including any liability
waterways, but nothing herein shall modify or limit the extent to which a right of access to or obligation to defend, prosecute, or continue any litigation, with regard to the matter or
and from the land is insured by this policy. matters requiring such cooperation.
(e) "mortgage":mortgage,deed of trust,trust deed,or other security instrument. 5. PROOF OF LOSS OR DAMAGE.
(f) "public records": records established under store statutes at Date of Policy for the In addition to and after the notices required under Section 3 of these Conditions and
purpose of imparting constructive notice of matters relating to real property to purchasers for Stipulations have been provided the Company,a proof of loss or damage signed and sworn to
value and without knowledge. With respect to Section 1(o)(iv) of the Exclusions From by the insured claimant shall be furnished to the Company within 90 days after the insured
Coverage, "public records" shall also include environmental protection liens filed in the claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or
records of the clerk of the United States district court for the district in which the land is damage shall describe the defect in, or lien or encumbrance on the title, or other matter
located. insured against by this policy which constitutes the basis of loss or damage and shall state,to
(g) "unmorketability of the fitle":an alleged or apparent matter affecting the title to the extent possible, the basis of calculating the amount of the lass or damage. If the
the land, not excluded or excepted from coverage, which would entitle a purchaser of the Company is prejudiced by the failure of the insured claimant to provide the required proof of
estate or interest described in Schedule A to be released from the obligation to purchase by loss or damage, the Company's obligations to the insured under the policy shall terminate,
virtue of a contractual condition requiring the delivery of marketable title. including any liability or obligation to defend, prosecute, or continue any litigation, with
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. regard to the matter or matters requiring such proof of loss or damage.
The coverage of this policy shall continue in force as of Date of Policy in favor of an In addition,the insured claimant may reasonably be required to submit to examination
insured only so long as the insured retains an estate or interest in the land, or holds an under oath by any authorized representative of the Company and shall produce for
• indebtedness secured by a purchase money mortgage given by a purchaser from the insured, examination, inspection and copying, at such reasonable times and places as may be
or only so long as the insured shall have liability by reason of covenants of warranty made by designated by any authorized representative of the Company, all records, books, ledgers,
the insured in any transfer or conveyance of the estate or interest. This policy shall not checks, correspondence and memoranda, whether bearing a date before or after Date of
continue in force in favor of any purchaser from the insured of either(i)an estate or interest Policy, which reasonably pertain to the loss or damage. Further, if requested by any
in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the authorized representative of the Company,the insured claimant shall grant its permission,in
insured. writing, for any authorized representative of the Company to examine, inspect and copy all
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. records,books,ledgers,checks,correspondence and memoranda in the custody or control of a
The insured shall notify the Company promptly in writing(i)in case of any litigation as third party,which reasonably pertain to the loss or damage. All information designated as
set forth in Section 4(a)below, (ii)in case knowledge shall come to an insured hereunder of confidential by the insured claimant provided to the Company pursuant to this Section shall
any claim of title or interest which is adverse to the title to the estate or interest,as insured, not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary
and which might cause loss or damage for which the Company may be liable by virtue of this in the administration of the claim. Failure of the insured claimant to submit for examination
policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If under oath, produce other reasonably requested information or grant permission to secure
prompt notice shall not be given to the Company,then as to the insured all liability of the reasonably necessary information from third parties as required in this paragraph shall
Company shall terminate with regard to the matter or matters for which prompt notice is terminate any liability of the Company under this policy as to that claim.
required; provided,however,that failure to notify the Company shall in no case prejudice the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY.
rights of any insured under this policy unless the Company shall be prejudiced by the failure In case of a claim under this policy,the Company shall have the following additional
and then only to the extent of the prejudice. options:
4. DEFENSE AND PROSECUTION OFACTIONS;DUTY OFINSURED CLAIMANTTO (a) To Pay or Tender Payment of the Amount of Insurance.
COOPERATE. To pay or tender payment of the amount of insurance under this policy together with any
(a) Upon written request by the insured and subject to the options contained in Section costs,attorneys'fees and expenses incurred by the insured claimant,which were authorized
6 of these Conditions and Stipulations, the Company, at its own cast and without by the Company, up to the time of payment or tender of payment and which the Company is
unreasonable delay,shall provide for the defense of an insured in litigation in which any third obligated to pay.
party asserts a claim adverse to the title or interest as insured, but only as to those stated Upon the exercise by the Company of this option, all liability and obligations to the
causes of action alleging a defect,lien or encumbrance or other matter insured against by this insured under this policy, other than to make the payment required, shall terminate,
policy. The Company shall have the right to select counsel of its own choice(subject to the including any liability or obligation to defend, prosecute,or continue any litigation,and the
right of the insured to object for reasonable cause)to represent the insured as to those stated policy shall be surrendered to the Company for cancellation.
causes of action and shall not be liable for and will not pay the fees of any other counsel. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
The Company will not pay any fees,costs or expenses incurred by the insured in the defense Insured Claimant.
of those causes of action which allege matters not insured against by this policy. (i) to pay or otherwise settle with other parties for or in the name of an insured
(b) The Company shall have the right, at its own cost,to institute and prosecute any claimant any claim insured against under this policy,together with any costs,attorneys'fees
action or proceeding or to do any other act which in its opinion may be necessary or desirable and expenses incurred by the insured claimant which were authorized by the Company up to
to establish the title to the estate or interest, as insured, or to prevent or reduce loss or the time of payment and which the Company is obligated to pay;or
damage to the insured. The Company may take any appropriate action under the terms of (ii) to pay or otherwise settle with the insured claimant the loss or damage
this policy,whether or not it shall be liable hereunder,and sholl not thereby concede liability provided for under this policy,together with any costs,attorneys'fees and expenses incurred
or waive any provision of this policy. If the Company sHl exercise it rights under this by the insured claimant which were authorized by the Company up to the time of payment
paragraph,it shall do so diligently. and which the Company is rted to pay.
(continued and concluded on last oaae of this aolicvt
Gunul t IUMb Nnu s I Iruu+i luny wnnnuee
(continued and concluded from reverse side of Policy Face)
Upon the exercise by the Company of either of the o, ,provided for in paragraphs (b) When liability r to extent of loss or damage has been definitely fixed in
(b)(i)at(ii),the Company's obligations to the insured under this policy for the claimed loss or accordance with these Conditions and Stipulafians, the loss or damage shall be payable
damage, other than the payments required to be made, shall terminate, including any within 30 days thereafter.
liability or obligation to defend,prosecute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
7. DETERMINATION,EXFENTOFLIABIL11YAND COINSURANCE. (a) The Company's Right of Subrogation.
This policy is a contract of indemnity against actual monetary lass or damage sustained Whenever the Company shall have settled and paid a claim under this policy,all right of
or incurred by the insured claimant who has suffered loss or damage by reason of matters subrogation shall vest in the Company unaffected by any act of the insured claimant.
insured against by this policy and only to the extent herein described. The Company shall be subrogated to and be entitled to all rights and remedies which the
(a) The liability of the Company under this policy shall not exceed the least of: insured claimant would have had against any person or property in respect to the claim had
(i) the Amount of Insurance stated in Schedule A;or, this policy not been issued. If requested by the Company,the insured claimant shall transfer
(ii) the difference between the value of the insured estate or interest as insured to the Company all rights and remedies against any person or property necessary in order to
and the value of the insured estate or interest subject to the defect, lien or encumbrance perfect this right of subrogation. The insured claimant shall permit the Company to sue,
insured against by this policy. compromise or settle in the name of the insured claimant and to use the name of the insured
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is claimant in any transaction or litigation involving these rights or remedies.
less than 80 percent of the value of the insured estate or interest or the full consideration paid If a payment on account of a claim does not fully cover the loss of the insured claimant,
for the estate or interest, whichever is less, or if subsequent to the Dote of Policy an the Company shall be subrogated to these rights and remedies in the proportion which the
improvement is erected on the land which increases the value of the insured estate or interest Company's payment bears to the whole amount of the loss.
by at least 20 percent over the Amount of Insurance stated in Schedule A,then this Policy is If loss should result from any act of the insured claimant,as stated above,that act shall
subject to the following: not void this policy,but the Company,in that event,shall be required to pay only that pan of
(i) where no subsequent improvement has been made,as to any partial loss,the any losses insured against by this policy which shall exceed the amount, if any, lost to the
Company shall only pay the loss pro rata in the proportion that the amount of insurance at Company by reason of the impairment by the insured claimant of the Company's right of
Date of Policy bears to the total value of the insured estate or interest at Date of Policy;or subrogation.
(ii) where a subsequent improvement has been made,as to any partial loss,the (b) The Company's Rights Against Non-insured Obligors.
Company shall only pay the lass pro rata in the proportion that 120 percent of the Amount of The Company's right of subrogation against non-insured obligors shall exist and shall
Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in include,without limitation,the rights of the insured to indemnities,guaranties,other policies
Schedule A and the amount expended for the improvement. of insurance or bands, notwithstanding any terms or conditions contained in those
The provisions of this paragraph shall not apply to costs,attorneys'fees and expenses for instruments which provide for subrogation rights by reason of this policy.
which the Company is liable under this policy,and shall only apply to that portion of any loss 14. ARBITRATION
which exceeds,in the aggregate,10 percent of the Amount of Insurance stated in Schedule A. Unless prohibited by applicable low, either the Company or the insured may demand
(c) The Company will pay only those costs, attorney's fees and expenses incurred in arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
accordance with Section 4 of these Conditions and Stipulations. Association. Arbitrable matters may include,but are not limited to,any controversy or claim
8. APPORTIONMENT. between the Company and the insured arising out of or relating to this policy,any service of
If the land described in Schedule A consists of two or more parcels which are not used as the Company in connection with its issuance or the breach of a policy provision or other
• a single site,and a loss is established affecting one or more of the panels but not all,the loss obligation. All arbitrable matters,when the Amount of Insurance is$1,000,000 or less shall
shall be computed and settled on a pro rata basis as if the amount of insurance under this be arbitrated at the option of either the Company or the insured. All arbitrable matters when
policy was divided pro rata as to the value on Date of Policy of each separate parcel to the the Amount of Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to
whole,exclusive of any improvements made subsequent to Date of Policy,unless a liability or by both the Company and the insured. Arbitration pursuant to this policy and under the Rules
value has otherwise been agreed upon as to each parcel by the Company and the insured at in effect on the dote the demand for arbitration is made or,at the option of the insured,the
the time of the issuance of this policy and shown by an express statement or by an Rules in effect at Date of Policy shall be binding upon the ponies. The award may include
endorsement attached to this policy. attorneys' fees only if the laws of the state in which the land is located permit a court to
9. UMITATION OF UABIUTY. award attorney fees to a prevailing party. Judgment upon the award rendered by the
(a) If the Company establishes the title, or removes the alleged defect, lien or Arbitrator(s)may be entered in any court having jurisdiction thereof.
encumbrance,or cures the lack of a right of access to or from the land,or cures the claim of The law of the situs of the land shall apply to an arbitration under the Title Insurance
unmarketability of title, all as insured, in a reasonably diligent manner by any method, Arbitration Rules.
including litigation and the completion of any appeals therefrom,it shall have fully performed A copy of the Rules may be obtained from the Company upon request.
its obligations with respect to that matter and shall not be liable for any loss or damage 15. LIABILITY LIMITED TO THIS POUCY;POUCY ENTIRE CONTRACT.
caused thereby. (a) This policy together with all endorsements,if any,attached hereto by the Company
(b) In the event of any litigation, including litigation by the Company or with the is the entire policy and contract between the insured and the Company. In interpreting any
Company's consent,the Company shall have no liability for loss or damage until there has provision of this policy,this policy shall be construed as a whale.
been a final determination by a court of competent jurisdiction,and disposition of all appeals (b) Any claim of loss or damage,whether or not based on negligence,and which arises
therefrom,adverse to the title as insured. out of the status of the title to the estate or interest covered hereby or by any action asserting
(c) The Company shall not be liable for loss or damage to any insured for liability such claim,shall be restricted to this policy.
voluntarily assumed by the insured in settling any claim or suit without the prior written (c) No amendment of or endorsement to this policy can be made except by a writing
consent of the Company. endorsed hereon or attached hereto signed by either the President, a Vice President, the
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY. Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company.
All payments under this policy, except payments made for costs, attorneys' fees and 16. SEVERABILITY.
expenses,shall reduce the amount of the insurance pro tanto. In the event any provision of the policy is held invalid or unenforceable under applicable
11. LIABILITY NONCUMULATIVE. law,the policy shall be deemed not to include that provision and all other provisions shall
It is expressly understood that the amount of insurance under this policy shall be reduced remain in full force and effect.
by any amount the Company may pay under any policy insuring a mortgage to which 17. NOTICES,WHERE SENT.
• exception is taken in Schedule B or to which the insured has agreed, assumed, ar taken All notices required to be given the Company and any statement in writing required to be
subject, or which is hereafter executed by an insured and which is a charge or lien on the furnished the Company shall indude the number of this policy and shop be addressed to the
estate or interest described or referred to in Schedule A, and the amount so paid shall he Company at 300 East 42nd Street,New York,New York 10017.
deemed o payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of the
payment unless the policy has been lost or destroyed, in which case proof of lass or STEWART TITLE
destruction shall be furnished to the satisfaction of the Company. INSURANCE ooM NY
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NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of 6 , O acres of active farmland and/or acres of
non-farmland, situated at Suffolk County Tax Map No. 1000-102-2-23.5 that is proposed to
be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to
Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my
right to require the Town of Southold to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
•
Project Sponsor Landowner
TOWN OF SOUTHOLD
By. l
SCO T . RUSSELL, Supervisor SANDRA J. MEY
53095 Route 25 31025 Route 25
P.O. Box 1179 P.O. Box 1168
Southold, NY 11971-0959 Cutchogue, New York 11935
(631) 765-1889
•
STATE OF NEW YORK )
• )ss:
COUNTY OF SUFFOLK )
On the �dday of Y! 2006, before me personally appeared SCOTT A.
RUSSELL, personally known 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.
! MELANIE DOROSKI
NOTARY PUBLIC,State of New York
Notary Public Qualified (yy
Commission Expires September 30,1,
STATE OF &01
•
COUNTY OF )ss:
.�yGF�[-l�)
On the I5 day of Al�64 2006, before me personally appeared
SANDRA J. MEYER, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same as owner of the subject premises; and
that by her signature on the instrument, the individual, or the persons upon behalf of which
the individual acted, executed the instrument.
6
Notary Public
BARBARA DIACHUN
Notary Public,Sto of Now York
No 01Dk5951fx1.3u l*County
Canmleslon Expires Oct.31,200(,.
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New York State Department of Environmental Conservation _
Ovision of Lands & Forests v
L reau of Real Property, 5" Floor
625 Broadway, Albany; New York 12233-4256
Phone: (518)402-9442 • FAX: (518)402-9028
Website: www.dec.state.ny.us
April 6, 2007
; f
�(J 1,4� APR - 92007 �-
Melissa Spiro I _ �
Department of Land Preservation DEFT.OF LAND
oYQ:"
Town of Southold _-,WATiON- ,—.----._.
P.O. Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
. CE: Suffolk 437
Grantor: Sandra J. Meyer F/K/A Sandra J. Scott
Liber: D12436 Page: 819
NOTE: Cites another CE, Liber: D12347, Page 3, which we don't have on file
The conservation easements cited above have been so identified for our indexing and
filing purposes. This number may be needed for the landowner to claim a conservation easement
tax credit. When contacting this office about these parcels, please use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Property
TAR:gm
MELISSA A.SPIRO OF SQ(/ OFFICE LOCATION:
�� ryO Town Hall Annex
LAND PRESERVATION COORDINATOR `O 54375 State Route 25
• melissa.spino@town.southold.ny.us (corner of Main Road&Youngs Avenue)
Telephone(631)765-5711 H Southold,New York
Facsimile(631)765-6640 MAILING ADDRESS:
l'YCQ( P.O.Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
April 2,2007
NYSDEC
Bureau of Real Property
625 Broadway, 5t°Floor
Albany,NY 12233-4256
Attention: Tim Reynolds —
Re: Conservation Easements Registry
SANDRA J.MEYER to TOWN OF SOUTHOLD
Dear Mr. Reynolds:
• Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural
property located within the Town of Southold to be registered with the New York State Department of
Conservation.Details regarding this easement are as follows:
GRANTOR: Sandra J. Meyer
GRANTEE: Town of Southold
SUFFOLK CO RECORDING DATE: February 21, 2006
LIBER: D00012436
PAGE: 819
LOCATION: 31025 Route 25,Cutchogue,NY
EASEMENT ACREAGE: 6.0 acres
SUFFOLK CO TAX MAP#: 1000-102.00-02.00-023.007
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
4Z44 41--�
Melissa Spiro
Land Preservation Coordinator
enc.
cc: Sandra J. Meyer - P.O. Box 1168, Cutchogue,NY 11935 -w/o enc.
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SANDRA J. MEYER
(f/k/a Sandra J. Scott)
to
TOWN OF SOUTHOLD
SCTM #1000-102-2-p/o 23.5
6.0 acres development rights easement
31025 Route 25 (Main Road), Cutchogue
Closing held: February 9, 2006
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Scott A. Russell, Southold Town Supervisor
Sandra J. Meyer, Landowner
0 f SOU OFFICE LOCATION:
MELISSA A.SPIRO �� lyQ Town Hall Annex
LAND PRESERVATION COORDINATOR ,`O l� 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue)
• Telephone(631)765-5711 G • O Southold,New York
Facsimile(631)765-6640 MAII,ING ADDRESS:
P.O.Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Data Processing
Land Preservation Committee Town Comptroller
Town Attorney Stewardship Manager
Planning Board Peconic Land Trust, Inc.
Suffolk County Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: February 9, 2006
Re: SANDRA J. MEYER to TOWN OF SOUTHOLD
• p/o SCTM #1000-102-2-23.5
Development Rights Easement
Please be advised that the Town has acquired a development rights easement on
agricultural farmland listed below. If you would like additional information regarding the
purchase, please feel free to contact me.
LOCATION: 31025 Route 25 (Main Road), Cutchogue
PROPERTY OWNER: Sandra J. Meyer
PURCHASE DATE: Thursday, February 9, 2006
PURCHASE PRICE: $270,000.00 (based on $45,000/buildable acre)
EASEMENT ACREAGE: 6.0 acres
FUNDING: CPF 2% Land Bank
MISCELLANEOUS: This property is listed on the Town's Community
Preservation Project Plan and is located in R-40 and A-C
zoning districts. There is an existing 9.0 acre development
rights easement on the northerly portion (known as STCM
• #1000-96-5-14) of this parcel having previously been
purchased by the Town of Southold in 2004.
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SANDRA J. MEYER(f/k/a Sandra J. Scott)to TOWN OF SOUTHOLD
• SCTM#1000-102-2-p/o 23.5 - 6.0 acres development rights easement
31025 Route 25(Main Road), Cutchogue
14 photos taken February 8,2006
• 1.Westerly boundary line along cemetery facin northerly toward Glover's greenhouses.
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• 2.At wire fence dissecting property east to west, near center,facing southerly towards barn and farmstand.
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3.At wire fence, dissecting property east to west, in center facing southeasterly towards house, red barn
and planted grapes.
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4. Back northeasterly fence line facing southerly.View of planted grapes.
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9.View from northeasterly comer at end of greenhouses on neighboring property facing northerly towards
9.0 acre development rights easement sold previously, and towards Glover's greenhouses on previously
preserved Scott development rights easement 23.0882 acres(Barney Sidor's house—right).
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10.View from southwesterly corner facing northwesterly along westerly property line.
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12. View from southwesterly fence line facing northeasterly towards planted grapes. Existing pond located at
far right center of photo. Pond is located within 5.1666 acre reserved area.
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13. View from Route 25,west of farmstand, facing northerly at within 60"road frontage included in
development rights easement.
14.View from Route 25,west of farmstand,facing northerly from southerly fence line.
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ANY AI_ IERAIION OR ADDITION TO TIIIS SURVEY IS A VIOLATION �1CCONIC S _ Y
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E.YCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS R D. BOX 909 `aLAND9
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF230 TRAVELER
SAID MAP OR COPIES LEAR THE IMPRESSED SEAL OF THE SLIRVEYOR 1�a
WHOSE SIGNATURE APPEARS HEREON, SDUTHOLD, N.Y, 11971 �<�. — 271
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