HomeMy WebLinkAboutGalluccio Estate Vineyards, LLC1000-109-1-13.2
(f/k/a 1000-109-1-p/o 13)
Baseline Documentation
Premises:
24385 Main Road
Cutchogue, New York
42.1291 acres
Development Rights Easement
GALLUCCIO ESTATE
VINEYARDS, LLC
to
TOWN OF SOUTHOLD
Easement dated December 13, 2006
Recorded December 27, 2006
Suffolk County Clerk - Liber D00012484, Page 921
SCTM #:
Premises:
1000-109-1-13.2
(f/k/a 1000-109-1-p/o 13)
24385 Main Road
Hamlet:
Purchase Price:
Funding:
Cutchogue
$2,864,778.80
(42.1291 buildable acres ~ $68,000/acre
based upon subdivision map prepared by
John Ehlers, LLS on April 7, 2006)
Community Preservation Funds -
2% land bank
CPF Project Plan:
Total Parcel Acreage:
Lot Line Change:
Development Rights:
Reserved Area:
Yes
82.5375 acres
Lot 1 - 40.4084 acres (34.1888 acre
development rights easement sold to
Town of Southold, 1999)
Lot 2 - 42.1291 acres (development
rights easement)
42.1291 easement acres
6.2196 acres (included in Lot 1)
Zoned:
A-C
Existing Improvements:
In December 2006 -
planted vines, wooded areas, framed
shed, 1 story metal building, 2 sheds,
stone driveway, farm roads, right of way
easement over existing access roadway
DESCRIPTION
LAND
The subject is a 40.34_+ acre portion of a larger parcel of land described as follows:
The property is rectangular in shape having 355+' of frontage along the Long Island
Rail Road, an irregular southerly line of 852_+' of which 352_+' has frontage along the
nodherly side of Main Road, an easterly line of 4,646_+', and a westerly line of 4,558-+, for
a total area of 48.34_+ acres (of which 6.00-+ acres are excluded, leaving a subject area of
40.34_+ acres). The land is cleared and has a generally level topography. Access to the
subject property would be via 30_+' of direct frontage on Main Road, and via right of way
over the existing, gravel road (on excluded area).
The above dimensions are taken from the Suffolk County Tax Map. We have
included a copy of the Tax Map showing the subject in the addenda to this report.
Utilities (electric and telephone) are available along the property's road frontage.
Main Road is two way, two lane, publicly maintained, macadam paved road. Public water
is not available in this area.
IMPROVEMENTS
The subject is improved with a 1,000_+' SF barn/storage building, and 1000_+' SF
tasting room equipped with bathrooms. These improvements are not considered to be
indicative of the highest and best use of the land and would likely be demolished prior to
development.
PRESENT USE AND OCCUPANCY
The subject is presently vacant farmland in use as a vineyard.
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SUBJECT PHOTOGRAPHS
VIEW OF SUBJECT FACING NORTH
VIEW OF SUBJECT FACING EAST
I ~GIVEN ss
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SUBJECT PHOTOGP. APHS
STREET VIEW FACING WEST ALONG MAIN ROAD
STREET VIEW FACING EAST ALONG MAIN ROAD
~GIVEN
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Phase I
Environmental Site Assessment
Galluccio Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
property based on the four (4) basic components of a Full Phase I Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk,
New York. The overall property consists of 48.25 acres and the property which is the subject of
this report consists of 42.13 acres. The. property is located on the north side of Main Road (SR
25), 1,264.51 feet west of Alvahs Lane. The property is more particularly described as Suffolk
County Tax Map # 1000-109-01-p/o 13.
The 42.13 acre subject property consists mainly of vineyard with a wooded area in the center of
the four (4) vineyard sections and a fallow field area on the southeast portion of the property.
Three (3) sheds and a maintenance/storage building are located in southwest portion of the
property. A 65:t- foot wide leg of the property extends to Main Road. This section of the
property and an area surrounding the sheds and maintenance building are wooded. The
southernmost shed is utilized to store tables, chairs and dry goods for the wine tasting barn of the
vineyard. The two (2) northern sheds are utilized to store the pesticides and herbicides utilized at
the vineyard and for storage of hand equipment. The pesticides storage shed is properly labeled;
however, a small area of staining was observed on the ground at the entrance of the shed and on
the wooden floor of the shed. During the site reconnaissance, Mr. Greg Sandor, the general
manager of the vineyard provided three (3) looseleaf binders full of Material Safety Data Sheets
(MSDS) for review. The maintenance building contains equipment, a small work bench area for
equipment maintenance and materials utilized at the vineyard. A small employee
lounge/office/washroom is located in the southwest comer of this building. A slop sink and
shower are present for workers to clean up and to shower in case of an emergency. The sink and
shower are reportedly connected to a drywell located off the southwest comer of the building.
This building did not contain any heating equipment at the time of the site reco~maissance. A
275 gallon above ground diesel fuel storage tank situated on a concrete pad is located off the
northwest comer of the building. This tank is utilized to fuel the equipment used on the vineyard
and has a hose and hand cranked pump situated on the top of the tank. Minor staining was
observed on the concrete pad located beneath the tank. A water supply well situated in an
insulated box is located off the northeast comer of the building. This well supplies water to the
slop sink and shower, and is utilized to fill equipment (i.e. fertilizer tanks)~ Numerous pieces of
equipment utilized at the vineyard, including several 55 gallon plastic drams, plastic tanks,
NELSON, POPE & VOORHIS, LLC
EN¥1RONMENTAL · PLANNING · CONSULI lNG
Galluccio ProperS', Cutchogue
Phase 1 ESA
fertilizer spreaders, etc., are stored on the grounds surrounding this building. No staining caused
by this equipment was observed during the site reconnaissance. The wooded area in the central
portion of the property has a depression in which an irrigation well is present. The pump
associated with this well is reportedly powered by a small, portable, self-contained gasoline
engine. This engine was located adjacent to the well at the time of the site reconnaissance;
however, the engine was wrapped up and could not be fully observed. No staining or stressed
vegetation due to a release or leakage was observed surrounding this engine. An area located to
the northeast of the wooded area is utilized to dump debris collected from the vineyard and store
wooden pallets for future use. The remaining area of the property consists of vineyard.
Historic aerials from 1938, 1954, 1969, 1976, 1980, 1994 and 2004 were reviewed in order to
determine past uses of the property. This review revealed the subject property has always been
utilized for agricultural purposes.
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, two (2) active and three (3)
closed spill incidents are located within one-half(0.5) mile of the subject property.
In conclusion, this assessment has revealed evidence of the following recognized environmental
conditions in connection with the subject property, subject to the methodology and limitations of
this report.
The drywell associated with the slop sink situated in the employee lounge in the
maintenance should be sampled to determine is elevated concentrations of volatile and
semi-volatile organic compounds, metals, pesticides and herbicides are present.
The staining located on the ground outside the pesticides storage shed should be cleaned
and properly disposed of by licensed waste scavenger. Once cleaned, the storage shed
should be properly maintained and correct practices use in the storage and handling of
the pesticides and herbicides.
The following recommendation is issued:
Due to the minor staining observed on the concrete pad beneath the 275 gallon diesel
fuel storage tank located off the northwest comer of the maintenance structure, the tank
should be checked for leaks and properly maintained in the future, la~ addition, the hose
and pump located on the top of the tank should be properly maintained and handled in
order prevent any leakage and~or spillage.
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Galluccio Property, Cutchogue
Linfited Phase 11 ESA
5.0 SU3~M,-,,R, AND CONCLUSION
This investigation was completed to address issues raised in a prior Phase I ESA prepared by
Nelson, Pope & Voorhis, LLC. A sampling and mmlysis program was designed to determine if
the on-site stonnwater leaching pools had been impacted by the uses of the subject property. The
sampling and analysis plan consisted of soil/sediment quality testing using analytical test
methods consistent with expected parameters and agency soil cleanup objectives. The following
presents an evaluation of the results of this investigation.
The drywell located off the northwest side of the maintenance building was sampled and
analyzed for the presence of volatile and semi-volatile organic compounds, metals and
pesticides. The analytical results revealed that only P-lsopropyltoluene exhibited
elevated concentrations in excess of the SCDHS guidance values set forth in SOP 9-95.
As a result, the drywell needs to be remediated under the auspices of the SCDHS
personnel.
The stained area in front of the pesticides shed was cleaned up and removed form the
property for disposal at an appropriate facility.
The subject property has been evaluated consistent with the findings of a Phase I ESA, and in
accordance with standard practice for the industry. This Limited Phase II ESA addresses only the
specific areas of the site warranting further analysis and can only provide conclusions regarding
the subsurface soil quality in those specific areas tested. The Phase I1 ESA report is limited to
the evaluation of on-site conditions at the time of completion of the field sampling program.
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D~-te' df ~'ompletion
NELSON, POPE & VOOP-~IS, LLC
.,,it ENVIRONMENTAL.PLANNING.CONSULTING
Charles d. Voorhis, CEP, AICP
Project Manager
Page 8 of 10
southern
Interior of maintenance building Above ground diesel fuel tank
Staining outside of pesticide storage shed
Maintenance building
~shed
Well located offnortheast comer of maintenance building
Well enclosure to
Equipment ocated on the side if the maintenance building Well located in wooded area in center of the property
Typical view of vineyard Debris piles located north of wooded area
FIGURE 1
SAMPLE LOCATION MAP
Gatlaccio Estate Vineyards, Cutchogue
Limited Phase Ill ESA
Source: NYSGIS Orthoimagery Progrmn, 2004
Scale: 1"= 150'
NORTH
Galluccio Estate Vineyards, Cutchogue
FIGURE 1 Phase i ESA
LOCATION MAP
Source: DeLo~e Street Atlas
Scale: Not to Scale ~
Source: NYSGIS Orthoimagery Progr~am, 2004
Scale: I" = 550'
Galluccio Estate Vineyards, Cutchogue
Phase ! ESA
I Galluccio Estate Vineyards, Cutchogue
1O FIGURE 3 Phase ! ESA
I LAND USE MAP
I
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0 Source: NYSGIS Orthoimagery Program, 2004
I Scale: 1" = 800' ¢~
Galluccio Estate Vineyards, Cntchogue
Phase I ESA
FIGURE 4
ZONING MAP_ ~ r _ -
,
-- ~ ~ LI Li~t Industrial
Source: Tom of Southold Zoning Map
Scale: 1" - 1,000'
I
Source: Sufiblk County Soil Survey
Scale: 1" = 800' NoR'r~
#~ +
Galluccio Estate Vineyards, Cutchogue
Phase ! ESA
FIGURE 6 Galluccio Estate Vineyards~hC:::lh~g~
TOPOGRAPHIC MAP
Source: USGS Topograpohic Quadrangle, Madmck, Mattock Hills, Southampton & Southold
Scale: 1" = 800' ~H
Galluccio Estate Vineyards, Cutchogue
Phase I ES
FIGURE 7
~ATER TABLE CONTOUR MAP
ii: i } 3580 S16780 .
5700
5 460 3 3f~ *
~ S~1581
~ 0705
% ' S¢7~35 g, ,3940 4790 S8836
0 ' 46' S8835 4
~ ' ~ S 6533
Source: USGS Water Resources hw~stisatio~ repo~, 2001
Scale: l": 8,000'
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FIGURE 8
WATER MAIN MAP
Source: SCWA Distribution Map, 2005
Scale: Not to Scale
Galluccio Estate Vineyards, Cutchogue
Phase I ESA
x.%. /
NORTH
FRESHWATER. WETLANDS
, ~. . .~.
~.... ~~
::a~::e: l~,~,~:0~reshwater Wetl~ds Map
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FIGURE 10
FLOOD MAP
ZONE X
Town of Southold
360813
Source: FEMA Flood Zone Maps, Panel 144 & 163
Scale: 1" = 600'
Galluccio Estate Vineyards, Cutchogue
Phase I ESA
ZONE X
NORTH
OVERVIEW MAP - 1801752.2s
Target Property
Sites at etevations higher than
or equal to the target property
Sites at elevations lower than
the target property
Manufactured Gas Plants
Nationat Ust Sites
Priority
Landfill Sites
Dept. Defense Sites
~ITE
Indian Reservations BIA
/'~?' Oil & Gas pipelines
] 100-year flood zone
] 500-year flood zone
] National Wetland Inventory
[] State Wetlands
SITE NAME: Galluccio Estate Vineyards
iADDRESS: 24385 Main Road
Cutchogue NY 11935
LAT/LONG: 41.0092 / 72.5019
This repod inch~dos Interactive, Map Layors to
display and/or hide map information. The
legend inctudes only those icons for the
defaull map view,
CLIENT: Nelson, Pope & VoorhJs LLC
CONTACT: Mar/ssa Da Breo
INQUIRY#: 1801752~25
DATE: November 21,2006 7:02 pm
PHYSICAL SETTING SOURCE MAP - 1801752.2s
County Boundary
Major Roads
Contour Lines
Ear.quake epicenter, Richter 5 or greater
Water Wells
Public Water Supply Welts
Cluster of Multiple Icons
0 1/4 1/~
Groundwater Flow Direction
Indetarminate Groundwatar Flow et Location
Groundwater Flow Vabes at Location
Closest Hydrogeological Data
Oil, gas or related wells
SITE NAME: Galluccio Estate Vineyards
ADDRESS: 24385 Main Road
Cutchogue NY 11935
LAT/LONG: 41.0092 / 72.5019
CLIENT: Nelson, Pope & Voorh s LLC
CONTACT: Marissa Da Breo
INQUIRY#: 1801752,2s
DATE: November 21, 2006 7:02 pm
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Town of Southold - Letter Board Meeting of November 21, 2006
RESOLUTION 2006-900
ADOPTED
Item # 15
DOC ID: 2308
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-900 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 21, 2006:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday~ December 5~ 2006~ at 8:05 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 Galluccio Estate
Vineyards~ LLC. Said property is identified as part of SCTM # 1000-109-1-13. The address is
24385 Route 25, Cutchogue, New York. The property is located on the northerly side of State
Route 25, approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's
Lane in Cutchogue in the A-C zoning district. The proposed acquisition is for a development
rights easement of approximately 42~ acres on the 48± acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus
acquisition costs. The easement will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Generated November 28, 2006 Page 24
Town of Southold - Letter Board Meeting of November 21, 2006
Elizabeth A. Neville
Southoid Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated November 28, 2006 Page 25
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ December 5~
2006~ at 8:05 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 Galluccio Estate
Vineyards, LLC. Said property is identified as part of SCTM #1000-109-1-13. The
address is 24385 Route 25, Cutchogue, New York. The property is located on the
northerly side of State Route 25, approximately 1,135 feet westerly from the
intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning
district. The proposed acquisition is for a development rights easement of
approximately 42± acres on the 48± acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land
Preservation Committee. The purchase price is $68,000 (sixty-eight thousand dollars)
per buildable acre plus acquisition costs. The easement will be acquired using
Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural and scenic values, and as an
aquifer recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town
Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any
interested person during business hours.
Dated: November 21 2006
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON NOVEMBER 30, 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
Land Preservation Town Clerk's Bulletin Board
Town Attorney
SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 5, 2006
8:05 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday~ December 5~ 2006~ at 8:05 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 Galluccio
Estate Vineyards~ LLC. Said property is identified as part of SCTM #1000-109-1-13.
Thc address is 24385 Route 25, Cutchogue, New York. The property is located on the
northerly side of State Route 25, approximately 1,135 feet westerly from the intersection
of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning district. The
proposed acquisition is for a development rights easement of approximately 42± acres on
the 48± acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable
acre plus acquisition costs. Thc easement will be acquired using Community Preservation
Funds.
The property is listed on thc Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural and scenic values, and as an aquifer
recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
That is the notice of the public hearing, it is at 8:05 PM. I have notice that it has
appeared as a legal in the local newspaper. I have before me a State Environmental
Quality Short Environmental Assessment form that has been filled out as an unlisted
action and it has also appeared on the Town Clerk's bulletin board outside.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town
Board on this acquisition? Melissa Spiro.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. I would just like
to point out a few quick things. The landowner approached us early in October with an
offer to sell the development rights on this property if we could close by the end of the
year. We all worked very hard on this and I believe that we will be able to accomplish
that by the end of the year. The development rights easement project that preserves
active, prime farmland in the agricultural conservation, AC, zoning district. The
easement will extend to the west in an existing block of approximately 150 acres of
farmland, which is located to the east of the property up to Alvahs Lane and then to the
east side of Alvahs Lane. You can see it on the map up front. Peconic Land Trust has
been involved with and is a partner with the Town in this preservation effort. The Land
Preservation Committee is very much in favor of the project. And like I said earlier,
everyone has been very committed to working out all those details to complete this by the
end of the year. But the Committee and I recommend that the Town Board proceed with
this project. Thank you.
SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to come up
and address the Town Board on this? (No response) Can I get a motion?
Southold Town Clerk
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Town of Southold - Letter Board Meeting of December 5, 2006
RESOLUTION 2006-935
ADOPTED
Item # 13
DOC ID: 2333
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-935 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5, 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 Galluccio Estate Vineyards, LLC pursuant to
the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-
109-1-13. The address is 24385 Route 25, Cutchogue, New York, and is located on the northerly
side of State Route 25, approximately 1,135 feet westerly from the intersection of State Route
25 and Alvah's Lane in Cutchogue in the A-C zoning district. The proposed acquisition is for a
development rights easement of approximately 424. acres (subject to survey) on the 484. acre
parcel. The exact area of the development rights easement is subject to a survey acceptable to the
Land Preservation Committee. The purchase price for the easement is $68,000 (sixty-eight
thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
HOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated December 8, 2006 Page 20
617~20
Appendix C
Slate Environmental qu~.lRy Review
SHORT ENVIRONMENTAL ASSESSMENT FORH
For UNL/STED ACI'~ON$ Only
PART Z-PRO3ECT ZNFORHAT~ON (To be completed by Applicant OR Project) Page 1 of 2
1. APPI/CAt~Y/SPONSOR: Southold Town Board 2 PRO3ECT NAME '~-~.=~e o,~
3, PROIECT LOCATION,
Municipality: . C,,.~-c.v,o ~v~ ~ SOo~'~O~.O ~ o~,~,.~ County:
4, PRECISE LOCATION. (Street address and road intersections, prominent landmarks, etc, or provide
5. XS PRO~OS~U A~ON:
~ New ~ Expan~on ~ Hodlfl~tion
6, DESC~BE PRO3E~ B~EF~:
7. AMOUNT OF LAND AFFECTED:
INITALLY ~ ~: acres ULT[HATELY t~ ~'~
acres
8. WILL PROPOSED ACT[ON COMPLY WXTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
J~ YesL-] No if,'Vo, descr/bebr/efly
9. WHAT IS PRESENT LAND USE ZN V[C/NTI'Y OF PROIECT?
Residential~1 I. Commercial ~ Industrial ~ Agriculture
DesoYbe.'
Park/Forest/Open space Other
10. DOES ACT[ON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTZHATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAL~ STATE OR LOCAL)?
r'~ Yes ~' No /f yes~ I/st agency(s) and pen~it/approva/s
11. DOES ANY ASPECT OF THE ACT20N HAVE A CURRENTLY VAI/D PERMIT OR APPROVAL?
~ Yes ~ No /f yes, Ii~t a~Tencn/(s] andperm/t/approva/s
12. AS RESULT OF PROPOSED ACT[ON WILL EXISI~NG PERM[T/APPROVAL REQUIRE MODIFICATION?
[~ Yes ~ No
! CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
SI91/aproc~ u are a state agency/ complete tile Coastal Assessment Form before
P~ART II-ENVIRONHENTAL ASSESSHENT (To be,completed by Agency) Page 2 of 2 ....
A. DOES AC'I/ON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRP~ PART 6:1.7.47
B, WILL ACT[ON RECE1VE COORDINATED REVIEW AS PROVTDED FOR UNLI~I'ED ACT/ONS IN 6 NYCRR~ PART 617,67
._~ Yes~ ,o .rf no, a ne~at/v~ dedarat{on may be .~u~:ended by anoff~ lnvo/ved agen~
C, COULD ACT/ON RESULT IN ANY ADVERSE EFFECTS ASSIOC~ATED W/TH THE FOLLOWING:
(Answers may be hendwritten, If legible)
C1. Existing air quality, surface or groundwater qualEy or quantity, noise levels, existing traffic patterns solid waste production or
disposal, potential for erosion, drainage or flooding problem? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character?
Explj~ (~riefly;
C3. Visitation or fauna fishes shellfish, or wildlife species~ significant habitats, or threatened or endangered species? Explain briefly:
C4, ~ communltys existing plans or goals as off]dally adopted, or change in use or Intensity of Use of land or other natural resources~
Expl~n~br[efly:
CS. Grey. h, subsequent development, or related actMUes key to be nduced by the proposed action~ Explain bdefly:
C6. k~0~~ term, short te~m, cumulative, er other effects not identified in ¢1-C57 Explain ~iefiy:
C?. Other impacts (induding changes ia use of either quantity of type of energ¥)'~. Explain bdefly:
D. WiLL THE PRO3 ECT HAVE AN t'M PACT ON THE ENVIRONMENTAL CHAR~CTERZCS THAT CAUSED THE ESTABLTSHMENT OF A
CEA?
I~ Yes~ No
E. ZS THERE~ OR tS THERE LlrKELY TO BE~ CONTROVERSY RELATED TO POTENT[AL ADVERSE ENVERONMEHTAL IMPACTS?
PART III- DETERMINATION OF SIGNIF]rCANCE (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; (dO irreversibility; (e) geographic scope;
and (0 magnitude. ~f necessary, add a~tachments or reference supporting materials. Ensure that explanations contain sufficient detail to show
that all relevant adverse impacLs have been identified and adequately addressed. If question D of part H 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 ENVIRONHETHAL ASSESSHENT FORH 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 attachment~
as necessary, the reasons supporting this determination: ~
C~ ~ .// Name of Loan Agen_...c~. ~'
Print of type Name,~Responsible.~]flqcer in Lead Agency __ Tige.et~ Responsible Officer
S ~i'6~r~OCf Respons ble'O~cer n Lead Agency Slgnatur'~-o~ prepare(i/~i'ifferent from of responsible officer)
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Town of Southold - Letter Board Meeting of December 5, 2006
RESOLUTION 2006-950
ADOPTED
Item # 28
DOC ID: 2334
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-950 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5, 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
Galluccio Estate Vineyards, LLC on the 5th day of December, 2006, pursuant to the provisions
of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation)
of the Town Code, at which time all interested parties were given the opportunity to be heard;
and
WHEREAS, said property is identified as part of SCTM #1000-109-1-13. The address is 24385
Route 25, Cutchogue, New York, and is located on the northerly side of State Route 25,
approximately 1,135 feet westerly from the intersection of State Route 25 and Alvah's in
Cutchogue in the A-C zoning district; and
WHEREAS, the development rights easement comprises approximately 42± acres (subject to
survey) on the 484- acre parcel. The exact area of the development rights easement is subject to a
survey acceptable to the Land Preservation Committee; and
WHEREAS, the purchase price for the easement is $68,000 (sixty-eight thousand dollars) per
buildable acre plus acquisition costs. The easement will be acquired using Community
Preservation Funds; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural and scenic values, and as an aquifer
recharge area; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP)
and the LWRP Coordinator has determined that this action is consistent with the LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
Generated December 8, 2006 Page 35
Town of Southold - Letter Board Meeting of December 5, 2006
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 Galluccio Estate Vineyards, LLC
pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70
(Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is
identified as part of SCTM #1000-109-1-13. The address is 24385 Route 25, Cutchogue, New
York, and is located on the northerly side of State Route 25, approximately 1,135 feet westerly
from the intersection of State Route 25 and Alvah's Lane in Cutchogue in the A-C zoning
district. The development rights easement comprises approximately 42± acres (subject to
survey) on the 48± acre parcel. The exact area of the development rights easement is subject to a
survey acceptable to the Land Preservation Committee. The purchase price for the easement is
$68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement
will be acquired using Community Preservation Funds. Town funding for this purchase is in
conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70
(Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed
action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town
Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has
determined that this action is consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated December 8, 2006 Page 36
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. This
assessment is iutended to supplement other information used by a To~vn of Southold agency in
making a detmTnination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of tiffs form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant
beneficial tu~d adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the actfievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, each answer must be explained in detail, listing both suooorting and non-
supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: ouline at the Town of $outhold's website
(southoldto~a~.northfork.net), the Board of Trustees Office, the Plm~fing Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
scm# / o ] /3
The Application has been submitted to (check appropriate response):
TownBoard [] Planning Board ~ BuildingOept. ~-~ Board of Trustees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, snbsidy)
(c)
Nature and extent of action:
Permit, approval, license, certification:
c"~-W~ a-t o oo - I oq- I -I -g
qg_~ c,c¢e5%')
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant:
(b) Mailing address:
(c) Telephone number: Area Code ( )_
(d) Application nmnber, if any:
Will the action be directly tmdertaken, require funding, or approval by a state or federal agency7
Yes ~] No [] If yes, which state or federal agency?
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of develop~nent in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
[~Yes [~ No [] Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No [~ Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visnai quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[-~ Yes [-~ No [] Not Applicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section II1 - Policies Pages 8 through 16 for evaluation criteria
[-~ Yes [~ No [~ Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply iu the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
[~ Yes {~ No [~ Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
Yes ~ No ~ Not Applicable
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
[] Yes [] No [~ Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
Yes [] No [~"/~ Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public a'ccess to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes ~'~ No ~ Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
~-~ Yes [--] No [~] Not Applicable
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
Yes ~ No [~ Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultm'al lands in the Town of Southold. See LWRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
[] Yes [] No [~ Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
Yes [] No ~)Not Applicable
PREPARED BY
Amended on 8/1/05
DATE
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CLOSING STATEMENT
GALLUCCIO ESTATE VINEYARDS, LLC
to TOWN OF SOUTHOLD
Total Development Rights Easement - 42.1291 acres
Premises: 24385 Main Road, Cutchogue
SCTM #1000-109-1-p/o 13
Closing took place on Wednesday, December 13, 2006
at 10:00 a.m., Southold Town Hall Annex
Purchase Price of $ 2,864,778.80 (based upon 42.1291 buildable acres
$68,000/buildable acre) disbursed as follows:
Payable to First Pioneer Farm Credit
Check #88944 (12/13106)
$ 15,159.80
Payable to William Bates, As Attorney
Check #88941 (12/13/06)
$ 80,000.00
Payable to Syma Gerard
Check #88945 (12/13/06)
$ 113,400.00
Payable to E-Venture Capital Management Inc.
Wire transfer
$ 2,656,219.00
Expenses of Closing:
Appraisal
Payable to Given Associates, LLC
Check #88848 (12/5/06)
$ 2,900.00
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC
Check #89067 (12/19/06)
$ 1,300.00
Environmental Report (Limited Phase II ESA)
Payable to Nelson, Pope & Voorhis, LLC
Check #89067 (12/19/06)
$ 1,622.50
Survey
Payable to John C. Ehlers Land Surveyor
Check #89005 (12/'19/06)
$ 750.00
Title Report
Payable to Stewart Title Insurance Company
Check #88946 ('12/13/06)
Fee insurance $11,333.00
Recording deed $ 200.00
Certified deed $ 35.00
Franchise reports (4) $ 100.00
$ 11,668.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #88943 (12/13~06)
$ 100.00
Those present at Closing:
Scoff A. Russell
Lisa Clare Kombrink, Esq.
Vincent Galluccio
Charles R. Cuddy, Esq.
Tim Caufield
Susan Q. Tuths, Esq.
Syma Gerard
Patricia Fallon
Melissa Spiro
Melanie Doroski
John Sepenoski
Southold Town Supervisor
Attorney for Town of Southold
Seller
Attorney for Seller
Peconic Land Trust Vice President
Attorney for Peconic Land Trust
Real Estate Broker
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
Deputy Town Supervisor and Land
Preservation Committee Member
CREDIT
,'088qqq,,' ~:08~NOSN6N~: &~ O0000N 0,'
.............. ~O~ ~
H3 .8660.2.600.100 TBR950 121306
10,/!3,/°Rile nH~CK 889d~
DEV RIGHTS-42.12 A 15,159.80
TOTAL 15,159.80
TOV,,H OF SOUTIIOLD · SOUTHOLD, NY 11971 0959
~,3 ODOODN 0"'
VR]~T1Q~ AO~lQq WTT,T,TAM RAT~A.AR ATTORneY
H3 .8660.2.600.100 TBR950 121306
l?/l~,/2on~ C~EC¥ 99~dl
DEV RIGHTS-42.12 A 80,000.00
TOTAL 80,000.00
TC)WNOFSOUTHOLD. SOLITHOLD NYl1971.0959
ll'O,°,,qql~C;ll' f:O2~L, OC;l~r.l~,: r.~, 000001~ O,'
VENDOR ~07905
H3 .8660.2.600.100
TBR950 121306
DEV RIGHTS-42.12
TOTAL
113,400.00
113,400.00
TO~,~N OF SOUTHQLD · SOUTHOLD ~']'T' 11971 0959
Receipt Page 1 of 1
Wire Transfer
Date: t 21t312006
Time: '1t:'10:48 AM
The Wire Transfer You Submitted In The Amount Of $2,656,219.00 To Be Transferred To: "E-Venture
Capital Management Inc." From Account "EMA TRANSFER ACCOUNT" Effective Dated 12/13/2006 Was
Processed
I,l>s. xxxxxx.qlbconnect.c ~/c, sl aa~Recc lt. s0?.\~l-6()&l on=EMA%20 RANS-~{%2(.. 12'1321/)6
GIVEN
ASSOCIATES
48 Route tll / PO Box 5305
Hauppauge, NY 11788
631-360-3474 Fax 631-360-3622
Invoice
Date I Invoice
1/1/2006 158
Bill To
Melissa Spiro
Land Preservation Coordinator
Town of 80uthold
P.O. Box !179
Southold~ NY 11971
Please make check payable to: GIVEN ASSOCIATES, LLC.
Description
File No.
2006275
Appraisal of Real Property of Galluccio Estate Vineyards, LLC Located
24385 Mairt Road
Cutchogue, NY
;.C.T.M. #1000-109-1-13
Terms
Due upon Receipt
Amount
2,900.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 007416 GIVEN ASSOCIATES LL
Y=Select
- JE Date Trx. Date Fund Account
......................... Use Acti
2/28/2006 2/28/2006 H3 .600
3/28/2006 3/28/2006 E3 .600
5/09/2006 5/09/2006 E3 .600
7/11/2006 7/11/2006 A .600
7/25/2006 7/25/2006 E3 .600
8/08/2006 8/08/2006 E3 .600
9/05/2006 9/05/2006 E3 .600
10/17/2006 10/17/2006 H3 .600
11/08/2006 11/08/2006 E3 .600
11/08/2006 11/08/2006 ~3 .600
12/05/2006 12/05/2006 ~3 .600
CAlqNOT FORWARD. END OF FILE
Disburs Inquiry by Vendor Ne_me
Detail--GL100N
: W-12052006-574 Line: 115 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUlqTS PAYABLE :
: Trx Date ..... 12/05/2006 SDT 12/04/06 :
: Trx Antount... 2,900.00 :
: Description.. GALLUCCIO APPRAISAL :
: Vendor Code.. 007416 :
: Vendor Naxae.. GIVEN ASSOCIATES LLC :
: Alt Vnd.. :
: CHECK ........ 88848 SCNB :
: Invoice Code. 2006275 :
: VOUCHER ...... :
: P.O. Code .... :
: Projeat Code. :
: Final Payment P Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 12/05/2006 :
: Date Cleared. :
: F3=Exit F12=Cancel :
DEC-15-2005 13:25 NELSON AND POPE 6J1 425 1257 P.~
Nelson, Pope & Voorhis, LLC
572 Walt Whilman Road Phone: 631-427-~065
Melville NY 11747 Fax: E$1-427-5620
Invoice
pro~aty: 06346 Proj~-t: VA02262
G~Jlucoio ]E~tate Viney~m~. Cu[chol~,
To:
Town of Southoid Dovt of Land Pre~crv
Town Hall
$3095 Sm[e Ri 25, ?O Box I
$outhold NY 11971
Att~tlon: Melanie DorosJd
lavoiee#: 4544
lnvei~ Dele, December 14, 200~
MAKE CH~Clr~i PAYAI[ILE TO N~I~ON POPIg & VOORH]IS Invoice Amount $2,922.50
Ph.~e I Environmental Site Asse~men¢
Contlll~ AlllOtmt: $1,300.00
Percent Compler~: 100.007,~
Fce~Samed: $1,300:00
Prior Fo* Billings: $0.00
Corrent Fee Total:
$1,500.00
Contract dated 12/.5/06 - Item #h Prepare
Umited Phsse H Environmental Site AsseSSment
Coil,-act Amount; $l,622.50
Pcrr~nt Complete: 100,00%
Fee Eam~: $1,622.50
~ior F~* Billings:
Current Fee Torsi/
$1,622.50
* ** Total Project Invoice Amount
Pkase nntl~a all cheeRs payable to ~OJ~IIS
Please include involc~ number on cheek
NELSON POPE & VOORHI$ NOW ACCEPTS CREDIT CARDS
VISA . MASTERCARD . AMERICANEXPRES~
$2,922.50
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 014161 NELSON, POPE & VOOR
Y=Select
- JE Date Trx. Date Fund Account
......................... Use Acti
,~/05/2006 600
9/05/2006 9/05/2006 H3 600
9/05/2006 H3
,, 10/03/2006 10/03/2006 H3
,, 12/05/2006 12/05/2006 H3
~ 12/19/2006 12/19/2006 H3
, , 1/02/2007 1/02/2007 B
. . 1/30/2007 1/30/2007 B
600
600
600
600
6OO
F2=Shift Up F3=Exit F10=Prev View
CANNOT FORWARD. END OF FILE
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-12192006-716 Line: 317 Formula: 0 :
: Account.. H3 .600 :
:Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 12/19/2006 SDT 12/18/06 :
: Trx Amount... 2,922.50 :
: Description.. GALLUCCIO PHASE 1 & 2 :
: Vendor Code.. 014161 :
: Vendor Name.. NELSON, POPE & VOOREIS, :
: Alt Vnd.. :
: CHECK ........ 89067 SCN-B :
: Invoice Code. 4544 :
: VOUCHER ...... :
: P.O. Code .... 16342 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 12/19/2006 :
: Date Cleared. 12/31/2006 :
: F3=Exit F12=Cancel :
12/13/2886 16:47
12/13/2006 10:47
JOHN c ENLER~ LS
PAGE 82/82
PAC-~ 01/01
Bill To
Town of $outhold
TOWn Hal;
$ou~h:,W, NY 11971
JOHN C. EHLERS LAND SURVEYOR
6 East Main ~reet
Rlvarhead, NY 11901
Phone; 631-369.8288
Fax; 631-389-8287
Your Client
Galluc~io r:~tate~ Vineyard
Invoice
Date of ~,ervioe
12/13/2006
Description
Current Suntey of Developmem Rights Area for preper~
dee~-ibec~ above, approximately 42.~/_ acres
$CTt~ J My Job #
Amount
750.~
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 005322 EHLERS/JO]{I~ C.
Y=Select
JE Date Trx. Date Fund Account
......................... Use Acti
12/19/2006 12/19/2006 H3 .600
=Shift Up F3=Exit F10=P~ev View
leer Record(s) or Use Actzon Code
Disburs Inquiry by Vendor Nam~
.............. Detail--GL100N .............
W-12192006-716 Line: 117 Formula: 0
Aocount.. ~3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date ..... 12/19/2006 SDT 12/18/06
Trx A~ount... 750.00
Description.. SURVEY-~ALLUCCIO
Vendor Code.. 005322
Vendor Name.. EHLERS/JO~N C.
Alt Vnd..
C~ECK ........ 89005 SCNB
Invoice Code. 2006420
VOUCHER ......
P.O. Code .... TBR950
Project Code.
Final Payment P Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y :
Date Released 12/19/2006 :
Date Cleared. 12/31/2006 :
F3=Exit F12=Cancel :
Title No. --
FAIR MARKET VALUE I~DER
STEWART TITLE INsURANcE COMPANy
125 Baylis Road, ~uite 201,. Melville, New York I 1747
631-501-9615. fe~ 631-50i-9623
_PREMIUM~
_PREMIUM
_PREMIUM
NEW YORK STATE TRANSFER/MANSiON TAX
MORTGAGE TAX (Mortgagee)_
MORTGAGE TAX (Mortgagor)_
COMMUNITy PRESERVATION FUND
SURVEy INSPECTION
DEPARTMENT2~L SEARCHES
STREET REPORT
BANKRUPTCY SEARCH
ESCROW DEPOSIT FEE
ESCROW DEPOSIT
RECOI~DING FEES:
( ) SATISFACTION(g)_ ] (~
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGP~EMENT(S)
( ) MORTGAGE AFFIDAVIT(S)
( ) ASSIGNMENT(s)_
CLOSER CItARGES, IF ANY: PICK-UP FEE
OTHER:
PATRICIA L. FALLoN · Title Closer
,'088qN~,' ~:O~&NOSN~N~: r-,::l, O0000N 0,'
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660.2.600.100
TBR950 ST-S-8086
TBRg50 ST-S-8086
TBR950 ST-S-8086
TBR950 ST-S-8086
TITLE POLICY-GALLU 11,333.00
DEED REC FEE-GALLUCCI 200.00
CERT COPY DEED-GALLUCC 35.00
4 REPORTS-GALLUCCIO 100.00
TOTAL 11,668.00
TOWN OFSOUTHOLD . SOUTHOLD NYl1971-0959
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Ty~e of Instrument= EASEMENT/DOP
Number of Pages: 17
Receipt Number = 06-0123566
TRANSFER TAX NUMBER= 06-17644
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
109.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$2,86A,778.80
Received the Following Fees For Above Instrument
Exempt
Page/Filing $51.00 NO Handllng
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert.Copies $11.05 NO RPT
SCTM $0.00 NO Transfer tax
Con~n. Pres $0.00 NO
TRANSFER TAX NUMBER: 06-176AA
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
12/27/2006
11:51:13 AM
D00012484
921
Lot:
013.002
Exem~
Ss.00 NO
$15.00 NO
$0.00 NO
$3O.0O NO
$0.00 NO
$122.05
JAN 2 4 2007
DEF[ OF [AND
PRESCRV~TION
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
De~.A / Mortgage Instrument Deed / Morigage Tax Stamp I Recording / Filing Stamps
3 I FEES
Page / Filing Fee ~.)~ ~
Handling 5. 00
Notation
EA-52 17 (County)
EA-5217 (State)
Comm. of Ed. 5. 00
NYS Surcharge 15. 00
Other
Sub Total
SubTotal
Grand Total
4 I Dist./~
Real Property
Tax Service
Agency
Verification
'1000 10900 0100
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
t~, O. Box //7~/
~auT-~/~-a/ .A'r~/ J/fi7/-0~
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcou ntyny, gov/cle r k
Mortgage Amt.
U Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page #__ of this instrument.
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacm~t Land
TD
TD
TD
!; Title Company Information
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Suffolk County Recording & Endorsement Page
This page forms part of the attached ~.qA.,qT' ~' ~I?/~zo,°,ql£.4ir /~/4.~7-3 /~,qSe7r~4o- made by:
(SPECIFY TYPE OF INSTRUMENT)
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BOXES 6 THRU 8 MUST BE TYI ED OR I RIN FED IN BLACK 1NK ONLY [ RIOB TD RECORDING OR FILING.
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
13th day of December, 2006 at Southold, New York. The parties are
GALLUCCIO ESTATE VINEYARDS, LLC?-1z~-I~x iZGS, Cutchogue, NY 11935
(herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a
municipal corporation, having its principal office at 53095 Main Road, P.O.
Box 1179, Southold, New York (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
consisting of 42.1291 acres located in Cutchogue, in the Town of Southold,
Suffolk County, New York, identified as part of SCTM# 1000-109-1-13 more
fully described in SCHEDULE A attached hereto and made a part hereof and
shown on the survey prepared by John C. Ehlers Land Surveyor dated
November 30, 2006, and hereinaffer referred to as the "Property"; and
WHEREAS, the Property is located in the AC and 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 as a vineyard; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Raster 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 agricultural 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 Million Eight Hundred Sixty-
Four Thousand Seven Hundred Seventy-Eight Dollars and 80/100 Dollars
($2,864,778.80) 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 HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's 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 agricultural lands, open spaces and
natural or scenic resources.
0.03 Puroose
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 Tnternal 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 April 7, 2006 last revised November 30, 2006
prepared .lohn C. Ehlers Land Surveyor, and a Phase I Environmental Site
Assessment dated December 1, 2006 by Nelson, Pope & Voorhis LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT.
1.O1 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 use other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code of the
Town of Southold (the "Town Code") and including the production of crops,
livestock and livestock products as defined in Section 301(2)(a)-(i) of the
NYS Agricultural and Markets Law, now or as it may be amended. No future
restrictions or limitation in the definition shall preclude a use which is
permitted under the current law and/or code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors, 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. Structures shall not include trellis, fences,
posts and wiring, farm roads or farm irrigation systems, or fencing used in
connection with bona fide agricultural production, including without limitation
fencing to keep out predator animals. Approvals for these shall be as
required by applicable provisions of the Town Code.
3.02 Excavation and Removal of Materials; Mininq
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property or in connection with necessary drainage or soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soft management, or in
connection with normal agricultural/horticultural activities, 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 except as
provided herein. The Property may be subdivided, provided that no lot shall
be less than :~0 acres in size, and subject to approval from the Land
Preservation Committee and subject to such other and further approvals as
may be required by the Town Code. in addition, 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 Grantee.
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, composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 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.
3.07 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 70 of the Town Code, shall not be considered a commercial use.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or polldtion 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.
3.09 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.:10 Development Riqhts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace 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 ART]CLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law.
4.04 LandscapinQ Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property.
Grantor shall have the right to remove or restore trees, shrubs, or other
vegetation when dead, diseased, decayed or damaged or interfering with
agricultural production, to thin and prune trees to maintain or improve the
appearance of the property, and to mow the property.
4.05 Aqricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General IVlunicipal
Law and/or defined in Chapter 70 of the Town Code, and as defined in
Section 1.02. Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws, and are necessary for or accessory to
agricultural production:
(i)
Underground facilities used to supply utilities solely for the
use and enjoyment of the Property, including irrigation
equipment and associated facilities;
(~)
New construction, including drainage improvement
structures, provided such structures are necessary for or
accessory to agricultural production, but provided that no
wine producing structure may be constructed;
(iii) Renovation, maintenance and repairs of structures built or
permitted pursuant to this Section 4.06.
(iv)
Dirt drive, used solely for access to the Property and
agricultural structures on it, which drive may be surfaced
with stone or crushed gravel; the dirt drive shall not be
used for any Prohibited Uses as defined in Section 3.07.
(v) Existing maintenance/storage building and shed, all to be
used in connection with agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Tmprovements: ][n the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements impractical, erection of a structure of comparable size, use,
and general design to the damaged structure shall be permitted in kind and
within the same general location subject to the review and written approval
of Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as provided in Section 4.06 herein
requiring permit or approval and shall file all necessary applications for
approvals that may be required by this Easement or by the Town Code of
the Town of Southold, and shall provide documentation as may be required
for such applications.
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
G P~qNTOR'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
subject, however, to Grantor's right to grieve or contest such assessment
and defer payment pending such action. 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, all of
which shall be reasonable in amount and actually adjudicated arising from
injury due to the physical maintenance or condition of the Property caused
by such person's actions or inactions 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 Part,/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, all of which shall be
reasonable in amount and actually adjudicated, 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 from the acts of
Grantee, its officers, employees, agents, or independent contractors.
5.04 Grounds Nlaintenance Requirement
Intentionally deleted.
ARTICLE SIX
G PJ~NTE E'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, not more frequently than annually, 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, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
6.03 Enforcement Riohts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
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.
The cure period in this Section 6.03 may be extended for a reasonable time
by Grantee if such restoration cannot reasonably accomplished within :~5
days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Hailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or three business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SiX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinauishment/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
space value of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transferred hereby.
ARTICLE SEVEN
H]SCELLANEOUS
7.0! Entire UnderstandinQ
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
]o
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section :~70(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
said rights and interest, following a public hearing and, thereafter, ratified by
a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governinq Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 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, or to use images of
the property for commercial gain.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in ils 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.
ACKNOWLEDGED AND A~CC~j~z D:
GALL]I~JC~lrO EST T/A'~/~I~E/Y/,A/RDS, LLC (Grantor)
~ncent Ga}(u/~cio for ~
E-Venture~Z'apital IVlanagement [nc.
ACKNOWLEDGED AND ACCEPTED:
TOWN OF ~OUT~LD (Grantee)
BY:
Scott A. Rus~;ell
Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this :13th day of December, in the year 2006 before me, the undersigned,
personally appeared VTNCENT GALLUCCIO, 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
12
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(les), and that by hFs/her/their signature(s) on the instrument, the
Individual(s), or the person upon behalf of which the individual(s) acted, executed the
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS;
On this 13th day of December, in the year 2006 before me, the undersigned,
personally appeared SCO~- 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(les), 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
Notary Public
PATRICIA L. FALLON
Notary Public S~i~ 0~'New York
For use outside New York State:
State, District of Columbia, Territory, Possession, or )
Foreign Country ) SS:
On the day of in the year 2006 before me, the undersigned, personally appeared
, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their capacity(les), that be
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, and that such individual made such
appearance before the undersigned in the
(insert the city or other political subdivision and the state or count~ or other place the acknowledgment was
taken.)
C:~d)ocument* and Setting$~,Ann cXM y Doc uments~,Anne\Tow~ of Southold Deeds of Development Rights/GALLUC[O Grant of Development
13
Stewart Title Insurance Company
Title No: ST-S-8086
Policy No.: 0-8831-388960
Schedule A Description
ALL that certain plot, piece or parcel of land, situate, lying m~d being in the Town of
Southold, County of Suffolk and State of New York, know and designated as Lot No. 2 on a
certain map entitled, "Map of Galluccio Vineyard" and filed in the Office of the Clerk of the
County of Suffolk on December 12, 2006 as Map No. 11478; said lot being more particularly
bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road ( State Road 25) distant 1265
feet southwesterly from the comer formed by the intersection of the westerly side of Alvah's
Lane and the northerly side of Main Road (State Road 25);
RUNNING THENCE along said northerly side of Main Road (State Road 25) South 64
degrees 03 minutes 20 seconds West, 26.09 feet to a monument and land now or formerly of
William H. Wickham;
THENCE along said land the following sixteen (16) courses and distances:
North 40 degrees 32 minutes 40 seconds West, 376.87 feet to a point;
North 40 degrees 15 minutes 00 seconds West, 257.03 feet to a point;
North 41 degrees 21 minutes 00 seconds West, 245.02 feet to a point;
North 43 degrees 22 minutes I0 seconds West, 135.57 feet to a point;
North 40 degrees 33 minutes 40 seconds West, 367.42 feet to a point;
North 42 degrees 27 minutes 10 seconds West, 230.21 feet to a poiat;
North 40 degrees 22 minutes 00 seconds West, 216.89 feet to a point;
North 41 degrees 46 minutes 40 seconds West, 290.01 feet to a point;
North 39 degrees 53 minutes 50 seconds West, 136.43 feet to a point;
North 40 degrees 26 minutes 40 seconds West, 171.40 feet to a point;
North 41 degrees 52 minutes 50 seconds West, 74.84 feet to a point;
North 40 degrees 55 minutes 00 seconds West, 212.56 feet to a point;
North 41 degrees 29 minutes 30 seconds West, 312.04 feet to a point;
North 41 degrees 02 minutes 10 seconds West, 455.24 feet to a point;
North 41 degrees 44 minutes 40 seconds West, 1,010.55 feet to a point;
North 42 degrees 41 minutes 10 seconds West, 366.41 feet to a pipe and land no~v or formerly of
Long Island Rail Road;
THENCE along said land North 49 degrees 10 minutes 30 seconds East, 355.02 feet to
land now or formerly of Hallock E. Tuthill;
THENCE along said land South 43 degrees 09 minutes 20 seconds East, 459.16 feet to
land now or formerly of Paulette Satur Mueller and Eberhard Mueller and County of Suffolk the
following three (3) courses and distances:
South 44 degrees 12 minutes 20 seconds East, 714.53 feet to a point;
South 43 degrees 05 minutes 10 seconds East, 572.47 feet to a point;
South 43 degrees 04 minutes 40 seconds East, 319.26 feet to a monument;
THENCE along the southerly line of Map of Sophie Kaloski, Map No. 10398 the
following three (3) courses and distances:
South 44 degrees 40 minutes 00 seconds East, 506.92 feet;
South 42 degrees 21 minutes 00 seconds East, 836.26 feet;
South 43 degrees 02 minutes 40 seconds East, 824.24 feet to other lands now or formerly of
Galluccio Estate Vineyards, LLC;
THENCE along said other lands now or fom~erly of Galluccio Estates Vineyards, LLC
the following five (5) courses and distances:
South 45 degrees 57 minutes 53 seconds West, 413.17 feet;
South 29 degrees 33 minutes 05 seconds East, 107.33 feet;
South 40 degrees 10 minutes 24 seconds East, 484.06 feet;
South 54 degrees 55 minutes 34 seconds West, 25.96 feet;
South 29 degrees 08 minutes 00 seconds West, 26.78 feet to the northerly side of Main Road
(State Road 25), the point or place of BEGINNING.
TOGETHER WITI-I a Right of Way for ingress and egress over existing access roadway more
particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (State Road 25) distant 1205
feet, more or less, from the westerly side of Alvah's Lane with the northerly side of Main Road
(State Road 25);
RUNNING TI-IE~NCE through other lands now or formerly of Galluccio Estate
Vineyards, LLC along an existing access roadway more particularly described as follows:
South 64 degrees 00 minutes 14 seconds West along the northerly side of Main Road (State Road
25), 30.00 feet;
North 25 degrees 59 minutes 46 seconds West, 32.14 feet;
No~th 00 degrees 59 minutes 45 seconds East, 66.67 feet;
North 33 degrees 48 minutes 43 seconds West, 130.90 feet;
North 27 degrees 57 minutes 44 seconds West, 72.60 feet;
North 68 degrees 49 minutes 27 seconds West, 55.74 feet;
North 36 degrees 47 minutes 52 seconds West, 73.29 feet;
North 61 degrees 43 minutes 59 seconds West, 68.24 feet to the southeasterly line of premises
conveyed herein;
TItENCE northeasterly along the southeasterly line of premises conveyed herein and
across the existing access roadway fifteen (I5) feet, more or less, to the easterly side of said
existing access roadway;
THENCE southerly along said easterly side of said existing access roadway:
South 61 degrees 43 minutes 59 seconds East, 86.34 feet;
South 36 degrees 47 minutes 52 seconds East, 74.29 feet;
South 68 degrees 49 minutes 27 seconds East, 55.02 feet;
South 27 degrees 57 minutes 44 seconds East, 74.85 feet;
South 33 degrees 48 minutes 43 seconds East, 138.01 feet;
South 15 degrees 15 minutes 14 seconds East, 60.10 feet;
South 25 degrees 59 minutes 46 seconds East, 24.07 feet to the northerly side of Main Road
(State Road 25), the point or place of BEGINNING.
T
I
T
L
E
C
Y
ALTA OWNER'S POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the
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.
STEWART TITLE®
Countersigned by:
Secretary
EXCLUSIONS FROM COVERAGE
The following malters 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
1. Ca) Any Iow, ordinance or governmental regulation (including but not bmited to building and zoning law~, ordinances, or regulations) restriding, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the charader, dimensions or location of any improvemenl now or hereafter ereded on the land; (iii) a separation in
ownership or a change in the dimensions or oleo of the land or any parcel of which the land is or was a pad; or (iv) environmental protedion, or the effed of any violation of these
lows, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a deled, lien or encumbrance resulting from a violation or
alleged violation effeding the land has bean recorded in the public records at Date of Policy.
Cb) Any governmental police power ant excluded by Ca) above, except to the extent that a notice of the exercise thereof er e notice of o defect, lien or encumbrance resulting
from n violation or alleged violutien affeding the lead has been recorded in the public records et Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been mcolded in the public records at Date of Policy, bul not excluding from coverage any taking which has
occurred prior to Date of Policy which would he binding on the rights of n purchaser for value without knowledge.
3. Defeds, liens, encumbrances, adverse claims or ether matters:
Ce) created, suffered, assumed or agreed to by the insemd claimant;
Cb) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimanl and Dot disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became aa insured under this policy;
Cc) resulting in aa loss or damage to the insured claimanl;
(d) oltoching or created subseguent to Date of Policy; es
Ce) resulting in loss or damage which would eot have been sustained ifthe insured claimant had paid value for the estate or interest insured by this pobcy.
4. Any claim which a¢ises out of the tronsadion 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:
Co) the trensedion creating tJ~e estate or interest insured by this policy being deemed a flaudulent conveyance or fraudulent transfer; or
Cb) the transaction creating the estate or interest insured by this policy being deemed a preferential trnnsfer except whom the preferentiahronsfer reselts from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such mcordnlion to impart notice to a purchaser for value or a judgment or lien creditor.
0-8831- 38898(
NYO01 (101792)
Phone:
Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville New York 11747
(631) 501-9615 Fax: (631) 501-9623
Date: December 12, 2006
Title No: ST-S-8086
Melanie Doroski
Town of Southold - Land Preservation
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Borrower/Current Owner: Peconic Land Trust and Town of Southold
Premises: 24385 Route 25
Cutchogue, New York 11935
Reference: Approx. ¥8 Acres - buying rights to 42 Acres
In reference with the above captioned transaction, enclosed please find the following:
Development Rights Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE F-X~;EPTiONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE O~MPANY 'a New York corporation, herein ca led the Company,
insures, as of Date of Policy shown in Schedule A ~gaid~i:!i~§~ildamage, not exceed ng the Amount of Insurance stated in
Schedule A, sustained or incurred by the inS'~Jred by reasoned)f: ;. :
1. Title to the estate or interest described in Scheduie A ~ing ~,est~'d oth~r than as ~tated therein;
2. 'Any defect in or lien or encumbrance~n the title;" ?::
3. Unmarketability of the Utle;
4. Lack of adght of access to and fmmlthe land.
The Company will also pay the costs, attorneys' fees andlexpens~s incurred .in defense of the title, as insured, but only to the
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 Sched~l~ A.:. i' · '..:
Countersigned by;,
STEWART TITLE®
EXCLUStONS FROM COVEPd~GE
~ft~ followiDg manors ora expr~ly excluded from the ~m, aroge al Ibis poliw ~M Ihe ~mpoay will not pay Io~ m damage, cos~, oHeme~' ~ or ~en~ which mi~ hy rein
1. (o) Any law, ordin~n~ or govemmenM regulation (iMuding bul not limited fo building an~ ~ninO ta~, ordinance, or ~egutations) r~kling, regulating, prohibiffng or
relating lo (0 the occupant, use, or eni~menf of lhe Ion~; (ii) the ch~reder, ~imen~ons m location of any imprm~t now er ~eafler e~ede~ an fha Ion~ (iii) g sectarian in
ewne~[p or g ~enge in the dimen~ons m ama of the land m any parcel ~ which ~e land is or was o po~; or Or) en~ronmentol pfo~dion, ~ the effect of any violation ~ I~se
~a~ o~in~n~s o~ ge~mmenfof regu~fions, ex~¢ ~ ~e e~ent t~at o n~ke ~ Ihe en~rcementtheze~ or a notice ~ a def~C lien m en~mbrance r~n9 lmm a ~ololion or
alleged ~olation a~edJflg ~e land h~ be~ fe~[ded in ~e public roue[ds at Date oF Pol[~.
(b) A,y go~rn~n~l police p~r not exdud~ b~ (a) a~, ~cept Io the ~ lb~ a notice of the exerdse ~eeo¢ or ~ notice oE ~ deFed, lien or encumbrance ~esulting
flora o ~oiation or alleg~ v~l~lion affeding the bnd has ~n record~ ~n the punk ~e~ at De~ o~ PoJi~.
2. R~gh~em~nentd~ma~nun~n~f~eexerd~e~e~F~sbee~re~de~i~th~pub~krec~rdsat~a~e~P~ky~tn~texdu~ng~m~ve~geany~kin~tichh~
oc~e~ p~ ~ Dote of Poli~ ~kh w~ld be binSing on the rights of a pu~haser for value without ~nowleCge.
3. De~, ~ens, encumbrance, adve~ claims ef o~heT maters:
(o) c~fed, suffe~,assumedoragre~bytheinsuredcloimanr;
~) not k~own ~ the Company, hal recorded in ~e public mco~ds a~ Da~ of Policy, but ~o~ to the insured cMmant and not disclosed in writing ~ fha ~mpany by the
insured claimant p¢~T lo lhe da~ the insm~ delmanl became an insmed under Ibis polt~
(c) m~lring in ~ loss or damage to the i~red claimant;
(d) aUaching or cleated subs~uentlo Dote al Peji~; or
(e) resu~ngin~rdam~ewhkhw~u~dn~h~veb~su~ed~he~ur~cMm~n~h~paid~uef~rthees~e~dnreresHn~u~by~sp~.
4. Any claim whT~ aris~ out of lhe ~n~dion ~ting in Ihe Insured lhe esMe o~ inlere~ insur~ by Ibis pofic~, by ~easo~ al the ~emtion of fedmal ban~¢cy, slo~
insolvent, o~ similar oedilom' dghts la~, lhat is b~ o~:
(a) the tmns~dion creating ~ e~a~e ~ interest insured by this polky being d~m~ o fraudulent con~an~ or ffauduJ~t transfer; er
(b) ~he~ra~di~n~re~in~e~afeminrem~ns~e~y~h~s~r~be~gdeemedapre~emn~M~n~rexce~twhere~e~eferentia~an~esu~s~m~hefa~u~e:
(i) ~ tTme~ [e~rd the instrument ~lmnsfer; or
(iT) ofsuchie~rda~n~impmtnoti~loapurchose~[orvo[uema~udgmeatmlien~i~[.
0-8831- 3889G
ALTA OWNER'S POLICY
SCHEDULE A
Title No.: ST-S-8086
Policy No.: O-8831-388961
DateofPolicy: December 13, 2006
Amount of Insurance: $2,864,778.80
1. Name of InsUred:
Town of Southold
County: Suffolk
2. The estate or interest in the land described herein and which is covered by this policy is:
Development Rights
3. Title to the estate or interest in the land is vested in:
Deed of Development Rights made by Galluccio Estate Vineyards, LLC to Town of Southold, dated
12/13/2006 and to be duly recorded in the Office of the Clerk of the Comity of Suffolk.
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: 109.00
Block: 01.00
Lot: p/o, 013.000
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company
Title No: ST-S-8086
Policy No.: O-8831-388961
Schedule A Description
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of
Southold, County of Suffolk and State of New York, know and designated as Lot No. 2 on a
certain map entitled, "Map of Galluccio Vineyard" and filed in the Office of the Clerk of the
County of Suffolk on December 12, 2006 as Map No. 11478; said lot being more particularly
bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road ( State Road 25) distant 1265
feet southwesterly from the corner formed by the intersection of the westerly side of Alvah's
Lane and the northerly side of Main Road (State Road 25);
RUNNING THENCE along said northerly side of Main Road (State Road 25) South 64
degrees 03 minutes 20 seconds West, 26.09 feet to a monument and land now or formerly of
William H. Wickham;
THENCE along said land the following sixteen (16) courses and distances:
North 40 degrees 32 minutes 40 seconds West, 376.87 feet to a point;
North 40 degrees 15 minutes 00 seconds West, 257.03 feet to a point;
North 41 degrees 21 minutes 00 seconds West, 245.02 feet to a point;
North 43 degrees 22 minutes 10 seconds West, 135.57 feet to a point;
North 40 degrees 33 minutes 40 seconds West, 367.42 feet to a point;
North 42 degrees 27 minutes I0 seconds West, 230.21 feet to a point;
North 40 degrees 22 minutes 00 seconds West, 216.89 feet to a point;
North 41 degrees 46 minutes 40 seconds West, 290.01 feet to a point;
North 39 degrees 53 minutes 50 seconds West, 136.43 feet to a point;
North 40 degrees 26 minutes 40 seconds West, 171.40 feet to a point;
North 41 degrees 52 minutes 50 seconds West, 74.84 feet to a point;
North 40 degrees 55 minutes 00 seconds West, 212.56 feet to a point;
North 41 degrees 29 minutes 30 seconds West, 312.04 feet to a point;
North 41 degrees 02 minutes 10 seconds West, 455.24 feet to a point;
North 41 degrees 44 minutes 40 seconds West, 1,010.55 feet to a point;
North 42 degrees 41 minutes 10 seconds West, 366.41 feet to a pipe and land now or formeriy of
Long Island Rail Road;
THENCE along said land North 49 degrees 10 minutes 30 seconds East, 355.02 feet to
land now or formerly of Hallock E. Tuthill;
THENCE along said land South 43 degrees 09 minutes 20 seconds East, 459.16 feet to
land now or formerly of Paulette Satur Mueller and Eberhard Mueller and County of Suffolk the
following three (3) courses and distances:
South 44 degrees 12 minutes 20 seconds East, 714.53 feet to a point;
South 43 degrees 05 minutes 10 s~conds East, 572.47 feet to a point;
South 43 degrees 04 minutes 40 s6conds East, 319.26 feet to a monument;
THENCE along the southerly line of Map of Sophie Kaloski, Map No. 10398 the
following three (3) courses and distances:
South 44 degrees 40 minutes 00 seconds East, 506.92 feet;
South 42 degrees 21 minutes 00 seconds East, 836.26 feet;
South 43 degrees 02 minutes 40 seconds East, 824.24 feet to other lands now or formerly of
Galluccio Estate Vineyards, LLC;
THENCE along said other lands now or formerly of Galluccio Estates Vineyards, LLC
the following five (5) courses and distances:
South 45 degrees 57 minutes 53 seconds West, 413.17 feet;
South 29 degrees 33 minutes 05 seconds East, 107.33 feet;
South 40 degrees 10 minutes 24 seconds East, 484.06 feet;
South 54 degrees 55 minutes 34 seconds West, 25.96 feet;
South 29 degrees 08 minutes 00 seconds West, 26.78 feet to the northerly side of Main Road
(State Road 25), the point or place of BEGINNING.
TOGETHER WITH a Right of Way for ingress and egress over existing access roadway more
particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (State Road 25) distant 1205
feet, more or less, from the westerly side of Alvah's Lane with the northerly side of Main Road
(State Road 25);
RUNNING THENCE through other lands now or formerly of Galluccio Estate
Vineyards, LLC along an existing access roa~tway more particularly described as follows:
South 64 degrees 00 minutes 14 seconds West along the northerly side of Main Road (State Road
25), 30.00 feet;
North 25 degrees 59 minutes 46 seconds West, 32.14 feet;
North 00 degrees 59 minutes 45 seconds East, 66.67 feet;
North 33 degrees 48 minutes 43 seconds West, 130.90 feet;
North 27 degrees 57 minutes 44 seconds West, 72.60 feet;
North 68 degrees 49 minutes 27 seconds West, 55.74 feet;
North 36 degrees 47 minutes 52 seconds West, 73.29 feet;
North 61 degrees 43 minutes 59 seconds West, 68.24 feet to the southeasterly line of premises
conveyed herein;
THENCE northeasterly along the southeasterly line of premises conveyed herein m~d
across the existing access roadway fifteen (15) feet, more or less, to the easterly side of said
existing access roadway;
THENCE southerly along said easterly side of said existing access roadway:
South 61 degrees 43 minutes 59 seconds East, 86.34 feet;
South 36 degrees 47 minutes 52 seconds East, 74.29 feet;
South 68 degrees 49 minutes 27 seconds East, 55.02 feet;
South 27 degrees 57 minutes 44 seconds East, 74.85 feet;
South 33 degrees 48 minutes 43 seconds East, 138.01 feet;
South 15 degrees 15 minutes 14 seconds East, 60.10 feet;
South 25 degrees 59 minutes 46 seconds East, 24.07 feet to the northerly side of Main Road
(State Road 25), the point or place of BEGINNING.
ALTA OWNER'S POLICY
SCHEDULE B
Title No.: ST-S-8086
Policy No O-8831-388961
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. Declaration of Covenants and Restrictions recorded in Liber 10758 Page 421.
2. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by
the Grantor and The Town of Southold.
Survey by John C. Ehlers Land Surveyor, dated 11/30/2006, shows premises improved by a one-stoW metal
building with front and rear concrete aprons; three (3) detached sheds; vineyard and access roads located;
wooded areas located; existing access road to Main Road located and set forth in Schedule A herein.
4. Company excepts possible rights of others than the insured in, to and over the farm roads shown on survey
herein, but policy will insure use for Open Space Preservation will not be disturbed
4613 (2/93 Page 3
STEWART TITLE
INSURANCE COMPANY
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
Title No.: ST-S-8086
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
ATTACHJgD TO AND MADE A PART OF POLICY NUMBER
O-8831-388961
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 December 13, 2006
Stewart Title Insurance Company
Signed by:
Authorized Office or Agent
Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville, New York 11747
Agent No.: 327005
STEWART
INSURANCE
TITLE
COMPANY
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE W1FH,AITA OWNER'S POLICY (I0/17/92)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following trams when used in this policy mean:
Ce) "insured": the insured named in Schedule A, and, subied to any rights or defenses
Offie Company would have hod against the named insured, those who succeed to the interest
of the named insured by operation of law as distinguished ftom purchase including, but not
limited to, heirs, dJstribatees, devisees, samivom, personal representogves, next of kin, or
corporate or fiduciary SeCCeSSeTS.
Ch) "insured claimant": an insured claiming loss or damage.
Cc) "knowledge" or 'known'~: actual knowledge, not constructive knowledge or notice
which may be imputed to on insmed by reason of the public records ns defined in this policy
or uny olher recmds which impart constructive notice of mutrem affecting the land.
Cd) "land": the land described or referred to in Schedule A, end improvements affixed
thereto which by law constitute reef property. The term "land" does not include any property
beyond the lines of the oma described ar referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, reads, avenues, alleys, lanes, ways or
wuterways, but nothing herein shall modify or limit the extent to which n right of access to
and from the lurid is inaured by lhis policy.
Ce) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
If) 'public records": records estnblished under state statutes et Date of Polio, for the
purpose of imparting constructive notice of matters relating to real piope~ to purchasers for
value and without knowledge. With respect to Secton l(a)(iv) of the Exclusions From
Coverage, "public records" shall also include envimnmental protection liens filed in the
records of ltle clerk of the United States distrid court for the distrid in which the land is
located.
(g) "unmarketability of the title": an alleged or apparent mutter affectng the title to
the land, nol excluded or excepted from coverage, which would entitle a pu[chuser of the
estate or interest described in Schedule A to be released from the obligation to purchase by
virtue of a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Peficy in favor of on
insured onfy so long us the insured retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money modgage given by a purchaser from the insured,
or only so long us the insured shall have liability by reason of covenants of warranty made by
the insured in any transfer or conveyance of the estate or interest. This policy shall not
continue in force in favor of any purchaser ftom the insured of either (i) an estate or interest
in the land, or (ii) an indebtedness secured by o purchase money modgage given to the
insured.
3. NOTICE OF CLAIM TO BE $1VEN BY INSURED CIAI~.
The insured shall notify the Company promptly in writing (i) in case of any litigation as
set fodh in Secton 4Ca) below, (ii) in case knowledge shall come to an insured hereunder of
any claim of title or interest which is adverse to the title to the estate or interest, ns insured,
and which might cause loss or damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estute or interest, as insured, is rejeded os unmarketable. If
prompt notice shall not he given to the Company, then es Io the insured oil liability of the
Company shall terminate with regard to the matter or metiers for which prompt notice is
required; provided, however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be prejudiced by the failure
end then only to the extent of the prejudice.
4. DEFENSE AND PROSEQJTION OF ACTIONS; DIJTY OF INSURED CLAIMANT TO
COOPERATE.
Ca) Upon written request hy the insured and subject to the options contuioed in Section
6 of these Conditions and Slipulations, the Company, at its own cost and without
unreasonnble delay, shall provide for the defense of an insured in litigation in which nny third
party asserts a claim adverse tu the title or interest as insured, but only as to those stated
causes of action alleging n defect, lien or encumbrance or other matter insured against by this
policy. The Company shall have the iight to soled counsel of its own choice (subject to the
right of the insured to ohjed for reasenahle cause) to represent the insured as to those stated
causes of action and shall not he liable fur and will not pay the fees of any other counsel.
The Company wdl not guy uny fees, costs or expenses incurred by the insured in the defense
of those causes of action which allege matters not insured against by this policy.
Cb) The Company shag have the right, at its own cost, to institute and prosecute any
actioe or proceeding or to do gay other act which in its opinion may he necessary or desirable
to establish the title to the estate or interest, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take uny appropriate action under the terms ef
this policy, whelhm m not il shall he liable hereunder, and shall not thereby concede liability
or waive any provision of this policy. If the Company sh'" qxercise it rights under this
paragraph, ]1 shall do so diligently
Cc) Whenever the Company shall have brought an adion or interposed u defense as
~equired o~ permitted by the provisions of this policy, the Company may pursue any litigation
to final determination by a court of competent jurisdidJon and expressly reserves the right, ia
its sole discretion, to appeal (TOm any adverse judgment or order.
Cd) In all cases where this policy permits or requires the Company to prosecute or
provide for the defense of any action or proceeding, the insured shall secure to the Company
the right to so prosecute or provide defense in the action or proceeding, end all appeals
therein, and permit the Company to use, at its option, the name of the insured for this
purpose. Whenever requested by the Company, the insured, at the Company's expense, shall
give the Company all reasonable aid (i) in any action or proceeding, securing evidence,
obtaining witnesses, pmsecutJng or defending the action or proceeding, er affecting
seltlement, and (ii) in any other lawful act which in the opinion of the Company may be
necessary or desirable lo establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured tu furnish the required cooperation, the
Compaoy's obligations to the insured under the policy shall terminate, including any liability
or obligation to defend, prosecnte, or continue any litigation, with regard to the matter m
molters requiring such cnopmaJiom
5. PROOF OF LOSS OR O~/~AGE.
In addition to and after the notices required under SedJon 3 of these Conditions end
Stipulations have been provided the Company, a proof of loss or damage signed and sworn tn
hy the insured claimant shall be furnished to the Company within 90 days after the insured
clnimanl shall ascertain lhe facts giving rise tn the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encnmbrance on the title, or other mater
insured against by Iflis policy whkh constitutes the basis nj Joss or damage end shall state, to
the extent possible, the basis of calculating the amount of the loss or damage. If the
Company is prejudiced by the failure of the insured claimant to provide the required proof of
loss or damage, the Company's obligations to the insured undm the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, with
regard tn the matim or matters requiring such proof af Joss ar damage.
In addition, the insured claimant may reasonably be reguired to submit to examination
under oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such masonable times and places as may he
designated by any authorized representative of the Company, all records, hooks, ledgers,
checks, correspondence and memoranda, whether hearing a date before or after Date ef
Policy, which reasonably pertain to the loss or damage. Fmther, if requested by any
authorized representative of the Company, the insured claimant shall grant its permission, in
writing, for any authorized representative of the Company to examine, insped and copy
records, books, ledgers, checks, correspondence and memoranda in the custody or central of a
third party, which reasonably pertain to the loss or damage. All information designated m
confidential by the insured claimant provided tn the Company pursuant to this Sedion shell
not he disclosed to others unless, in the reasonable judgment of the Company, it is necessah
in the administration of the claim. Failure of the insured claimant to submit for examinatioT
under oath, produce ether reasonably requested information OT grant permission Io securr
reasonably necessary information from third parties as required in this paragraph shol
terminate any liability uf lhe Company under this policy ns to lhnt claim.
6. OPTIONS TO PAY OR OTHERWISE SEITL[ CLAIMS; TE~INATION OF LIABILII'L
In case of a claim under this policy, the Compnny shall have the following additiona
options:
a) To Pay or Tender Payment of h'~e Amount of Insurance.
To pay or lender payment of the amount of nsmance under this policy together with an,
co~, attorneys' fees and expenses interred hy the insured claimant, which were authmJzm
by the Compnuy, up to the time of payment or tender of puymeot and which the Company i
obligated to pay.
Upon the exercise by lhe Company of this option, all liability and obligations to th,
insured under this policy, other than to make the payment required, shall terminate
including any habihty or obligation to defend, prosecute, al continue any litigation, and th
policy shall he surrendered to the Company for cuncellatinm
Ch) To P~y or OthervAse Sallie With Pa~es Olher than the insured or Wil~
Insured Claimaot.
(i) to pay m otherwise seffie with other pmties for or in the name of an insure
claimant any claim insured against under this policy, tugethm with any costs, attorney' fee
and expenses incurred by the insured claimant which were authorized by the Company up t
the time of payment and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damag
provided for under this policy, togather with any costs, al~mneys' fees and expenses incurra
by the insured claimant whi~ wale authorized by the Company up to the time of poymm
and which the Company is~ ~ad to pay
(continued and concluded on lest page of this policy)
IJUNUI I IUNJ~ ANU ~IIPULAIIUN~ ~;ontinuell
(continued and concluded from reverse side of Policy Face)
Upon the exercise by the Company of either of the o~ provided for in paregrnpha
(b)(i) or (ii), the Company's obligations to the insured under this policy fir lhe claimed loss or
damage, other than the payments required to be mede, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. DETE~INATION, EXTENT OIC LIABIUIY AND COINSURANCE.
This policy is a ceetmd of indemnity against octeel monetary loss or damage sustained
or incurred by the insured claimant who bus sufrered loss or damage by reason of matters
insured against by this policy and only Io the extent herein described.
Co) The liability of the Company under this policy shell not exceed the leest of:
(i) the Amount of Insurance slated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subiect to the defect, lien or encumbrance
insured against by this policy.
Cb) In the event the Amount of Insurance stated in Schedule A al the Date of Policy is
Jess than 80 percent of the value of the insured estate or interest or the fill consideration paid
for the estate or interest, whichever is less, or if subsequent to the gate of Policy an
improvement is erected on the land which increases the value of the insured estate or interest
by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is
subject to the following:
(i) where ee subsequent improvement has been made, as to any partial loss, the
Company shall only pay the loss pro mm.in the proportion that the amount of insurance at
Date of Policy beers to the total value of the insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss, the
Company shall only pay the loss pm rata in the proportion that 120 percent of the Amount of
Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attomeVs' fees and expenses for
which the Company is liable under this policy, and shall only apply to that portion of any loss
which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
Cc) The Company will pay only those costs, attorney's fees and expenses incurred in
accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are not used as
a single site, and o loss is established afredieg one or more of the parcels but not all, the loss
shall be computed and settled on o pro rata basis as if the omeenl of insurance under this
policy was divided pro rata cs lo the value on Dote of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or
value has othepwise been agreed upon as to each parcel by the Company and the insured at
the time of the issuance of this policy and shown by an express statement o~ by an
endorsement attached to this policy.
9. LIMITATION OF UABIU'ff.
Ca) If the Company esloblJsbes the title, or removes the alleged deled, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of
unmarketability of title, all as insured, in a reasonably diligent manner by any method,
including litigation and the completion of any appeals therefrom, it shall have felly performed
its obligations with resped lo that matter and shall not be liable for any loss or damage
caused thereby.
Cb) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shod hove aa liability fir loss er damage until there has
been a final determieetioo by a court of competent jurisdidion, end disposition cf all appeals
therefrom, adverse to the title os insured.
Cc) lhe Company shall not be Dable for loss ec damage to any insured fir liability
voluntarily assumed by the insured in seMIJng any claim or suit without the prior written
consent of the Company.
10. REDUCEION OF INSURANCE; REDUCTION OR TERMINATION OF UABILIff.
All payments under this poJky, except payments made for costs, attorneys' fees and
expenses, shall reduce the amount of the insurance pro lento.
11. LIABIU'ff NONCUMUU, TIVE.
It is expressly understood that the amount of insurance under this policy shall be reduced
by any amount the Company may pay under any policy insuring a mortgage to which
exception is token in Schedule D or to which the insured has agreed, assumed, or laken
ecl or which is hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount se paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
Ca) No payment shall be mode without producing this policy for endorsement of the
payment unless the policy has been lost or destroyed, Jn which case proof of loss or
destruction sharl be furnished to the satisfaction of the Company
Cb) When liability o~ e extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafrer.
13. SUBROGATION UPON PAYMENT OR SEITLEMENT.
Ca) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right oJ
subrogation shall vest in the Company unaffeded by any ad' of the Jeeored claimant.
The Company shall be submgated to aud be entitled to all rights end remedies which the
insured claimant would have had against any person or properly in rasped to the claim had
this policy not been issued. If requested by the Company, the insured claimant shall transfii
to the Company all rights and remedies against any person or properly necessary in order to
perfect this right of subrogation. The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to gse the name of the insured
claimant Ju any tmnsactiee or litigation involving these rights or remedies.
If a payment ee account of a claim does cot fully cover the loss of the insured claimant,
the Company shall be subrogated to these rights and remedies in the proportion which the
Company's payment bears to the whole amount of the loss.
If loss should result from any ad' ef the insured claimant, as stated above, that ad' shall
not void this policy, but the Company, in that event, shall be required to pay only that part of
any losses insured against by this policy which shall exceed the amount, if any, lost to the
Company by reason of the impairment by the insured claimant of the Company's right at
subrogation.
Cb) The Comport'is Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and shall
include, without limitation, the rights of the insured te indemnities, guaranties, other policies
of insumoce or bonds, notwithstanding any terms or conditions contained in those
instruments which provide for subrogation rights by reason of this poky.
14. ARBITRATION
Unless prohibited by applicable Iow, either the Company or the insured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
AsseciatJom Arbitrable matters may include, but are not limited to, any controversy or claim
between the Company and the insured arising out of or relating to this policy, any service of
the Company Jn connection with its issuance or the breech of a policy provision or other
obligation. All arbtimble mutters, when the Amount of Insurance is S1,000,000 or less shall
be arbitrated at the option ef either the Company or the insured. All arbitrable matters when
the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy and under the Rules
in effed on the date the demand for arbitration is made or, at the option of the insured, the
Rules in erred at Dote of Policy shall be binding upon the petites. The award may include
attorneys' fees only if the laws of the state in which the land is located permit a court to
award attorneys' fees taa prevailing pody. Judgment upon the award rendered by the
Athitmtor(s) may be entered in any court having julJsdidion thereof.
The law of the situs of the land shall apply 1o on arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained fram the Company upon request.
15. UABILrlY LIMITED TO THIS POLICY; POUCY ENTIRE CONTRACT.
Ca) This policy together with all endorsements, if any, attached hereto by the Company
is the entire policy cod centred between the insured and the Company. In interpreting any
provision of this policy, this policy shall be construed as a whole.
Cb) Any claim of loss or damage, whether or not based on negligencu, and wflich arises
eel of the status of the title to the estate or interest covered hereby or by any adion usseding
such claim, shall be restrided ta this policy.
Cc) No amendment of or endorsement to this policy can be mode except by a writing
endorsed hereon or attached hereto signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, er validating officer or authorized signatory of the Company.
16. SEVERABIU'ff.
In the event any provision cf the policy is held invalid or unenforceable under applicable
law, the policy shall be deemed not to include that provision and oil other provisions shall
remain in fill force nod effed.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and nay statement in writing required to be
furnished the Company shaft include the number af this policy and shall be addressed to the
Company at 300 East 42nd Street, New York, New York 10017.
STEWART TITLE®
STEWART TITLE®
POLICY:
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York 10017
STEWART TITLE®
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York 10017
STEWART TITLE®
POUCY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
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STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
I Winners Circle
Albany, New York 12235
Division of Agricultural Protection
and ~p~nt Se~s
528~57-7076
~ 5~8~5~27~6
September 18, 2007
Melissa Spiro
Land Preservation Coordinator
Town of Southold
PO Box 1179
Southold, NY 11971-0959
RE: Waiver - Town of Southold - Suffolk County - Purchase of Development
Rights
Dear Ms. Spiro:
The Department has reviewed documentation submitted by the Town of Southold to waive
the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets
Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1.
The documentation includes a waiver signed by Vincent Galluccio for approximately 42.1291 acres
of active farmland located at Suffolk County Tax Map No. 1000-109-1-p/o 13, Town of Southold.
The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section
371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision
(4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the
Town of Southold. Should the project encompass other parcels of more than one acre from an
active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still
apply to those parcels.
RS:lad
cc:
File:
Sincerely,
ROBERT SOMERS, Ph.D
Manager, Agricultural Protection Unit
David Behm, Farmland Prot. Unit, NYSDAM
Ken Schmitt, Chair, Suffolk County AFPB
AP07/069-W
8EP 21 2007
DEPT OF LAND
PRES£RVAI'ION
WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of ~Z./2-R!acres of active farmland and/or -- acres of
non-farmland, situated at Suffolk County Tax Map No. 1000-109-1-p/o 13 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
TOWN OF SOUTHOLD
SC(~TT A. RUSSELL, SUpervisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
Landowner
CT~LLUCCI~'~INEYARDS, LLC
L/p~l. (~.CBEoN~126KgL L U CC I O f' ,.._
Cutchogue, NY 11935
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the 13th day of December, 2006, before me personally appeared SCOTT A.
RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD;
that he knows the seal of said municipal corporation; that the seal affixed to said instrument
is such corporate seal; and that by his signature on the instrument, the individual, or the
municipal corporation upon behalf of which the individual acted, executed the instrument
and affixed the seal thereto by like order.
Notary Public
STATE OF NEW YORK )
COUNTY OFSUFFOLK )
)SS:
PATRICIA L. FALLON
Notary Public, Stat3 Of New `cork
No. 01FA4950146
cQUalilfie~l In Suflolk County
ommlsslon Expires April 24, ~--~
On the 13th day of December, 2006, before me personally appeared VINCENT
GALLUCCIO, 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.
Notary Public
PATRICIA L. FALLON
Notary Public, Stat'~ Of New'Cork
No. 01FA4950146
Qualified In Suffolk County
Commission Expires April 24, c~-,I¢~'~
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New York State Department of Environmental Conservation
Division of Lands & Forests
lureau of Real Property, 5t" Floor
Broadway, Albany, New York 12233-4256
Phone: (518) 402-9442 · FAX: (518) 402-9028
Website: www.dec.state.ny.us
Melissa Spiro
Department of Land Preservation
Town of Southold
P.O. Box I179
Southold, NY 11971-0959
April 6, 2007
'~:' 'i' APR 9 ~.,,.,7'='"' iI-: /~
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
CE: Suffolk 443
Grantor: Galluccio Estate Vineyards, LLC
Liber: D12484 Page: 92l
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
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
April 2, 2007
NYSDEC
Bureau of RealProperty
625 Broadway, 5m Floor
Albany, NY 12233-4256
Attention:
Re:
Tim Reynolds
Conservation Easements Registry
GALLUCCIO ESTATE VINEYARDS~ LLC to TOWN OF SOUTHOLD
Dear Mr. Reynolds:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural
property located within the Town of Southold to be registered with the New York State Department of
Conservation. Details regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Galluccio Estate Vineyards, LLC
Town of Southold
December 27, 2006
D00012484
921
24385 Main Rd (Rt 25), Cutchogue, NY
42.1291 acres
1000-109.00-01.00-013.002
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
cc: Galluccio Estate Vineyards, LLC - P.O. Box 1269, Cutchogue, NY 11935 w/o enc.
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GALLUCCIO ESTATES VINEYARD, LLC
to
TOWN OF SOUTHOLD
Part of SCTM #1000-109-1-13
42.1291 acres development rights easement
Location: 24386 Main Road, Cutchogue
Closing held on Wednesday, December 13, 2006
Department of Land Preservation
(from left to right)
Supervisor Scoff A. Russell
Vincent Galluccio
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town,southold.ny.us
Telephone (631) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer ef Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold. NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTIqOLD
To:
From:
Date:
Re:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Melissa Spire, Land Preservation Coordinator
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Peconic Land Trust, Inc.
The Nature Conservancy
December 13, 2006
GALLUCClO ESTATE VINEYARDS, LLC to TOWN OF SOUTHOLD
plo SCTM #1000-t09-1-13
Development Rights Easement- 42.1291 acres
Please be advised that the Town Iras acquired a development rights easemerrt on the agricultural land listed
below. If you would like additional information regarding the purchase, [)lease fee/free to contact me
LOCATION:
24385 Main Road, Cutchogue
PROPERTY OWNER:
Galluccio Estate Vineyards, LLC
PURCHASE DATE:
Wednesday, December 13, 2006
PURCHASE PRICE:
$2,864,778.80 (based on 421291 acres @ S68.000/buildable acre)
TOTAL PARCEL ACREAGE: 48.3487 acres
EASEMENT ACREAGE:
42.1291 acres
ZONING: A-C and R-40
FUNDING:
Community Preservation Funds (2% land bank)
MISCELLANEOUS:
This property is listed on the Town's Community Preservation Project
Plan. Prior to the development rights easement acquisition, the
landowner obtained Planning Board approval for a Iot line change
resulting in Lot #1 (6.2196 acres building area) being merged with an
adjacent parcel identified as SCTM ¢¢1000-109-1-24.4 on whic[r the
development rights were previously sold to tho Town of Southold. The
Town purchased tile development rights easement on the entire
resulting 42.1291 acre parcel
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Peconic Land Trust, Incorporated
296 Hampton Road, PO Box 1776
Southampton NY 11969
May 7, 2013
BY CERTIFIED MAIL - RETURN RECEIPTREQUESTED
Town of Southold
53095 Main Road
PO Box 1179
Southold NY 11971
Att: Supervisor and Town Attorney
Re: Grant of Development Rights Easement (the "Easement")
Property: 24385 Main Road, Town of 8outhold NY
SCTM# 1000-109.00 -01.00-013.002
Ladies and Gentlemen:
Pursuant to Section 4.08 of the Easement, this is to notify you that Peconic Land Trust has
conveyed title to the above Property to Walker/McCall, LLC, 6972 SE Lakeview Terrace, Stuart,
FL 34996-1920 on May 7, 2013. The individual principals of Walker/McCall, LLC are:
Russell C. McCall,
6972 SE Lakeview Terrace, Stuart, FL 34996-1920, and
Russell C. McCall, Jr.,
461 Hoffinan Avenue, San Francisco, CA 94I 15
Peconic Land Trust, Incorporated
President
OEP[ OF LAND
PRESERVATION
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PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
· Chair
KENNETH LEDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
December 12, 2006
Ms. Syma Gerard
496 Main Street
P.O. Box 214
Eastport, NY 11941
DEC 1 4 2006, ,'
DEm'. OF LANO
PRESEIWATION ....
Re:
Lot Line Change for the property of Galluccio Estates Vineyard, LLC
Located on the n/s/o NYS Route 25, 850 feet w/o AIvahs Lane in Cutchogue
SCTM#1000-109-1-13 & 24.4 Zoning Districts: A-C
Dear Ms. Gerard:
The Southold Town Planning Board, at a meeting held on Monday, December 11,2006,
adopted the following resolution:
WHEREAS, this proposal is for a lot line change that will merge the existing winery and
6.2196 acres of building area on Lot 2 (1000-1-109-1-13) with Lo'~ 1 (1000-109-1-24.4),
where, following the lot line change, Lot 1 will be 40.4084 acres upon which the
Development Rights have been sold on 34.1888 acres, and Lot 2 will be 42.1291 acres
upon which the Development Rights are proposed to be sold to the Town of Southold.;
and
WHEREAS, an application for a re-subdivision (lot line change) was submitted to the
Planning Board on October 25, 2006 and includes the survey prepared by John C.
Ehlers, L.S. dated April 7, 2006; and
WHEREAS, on December 11, 2006, the applicant submitted eight (8) paper prints and
five (5) mylars of the final map prepared by John C. Ehlers, L.S. dated April 7, 2006,
each containing an exemption stamp from the Suffolk County Department of Health
Services; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants Final Plat
Approval upon the map prepared by John C. Ehlers, L.S. dated April 7, 2006, and
authorize the Chairperson to endorse the maps.
Galluccio Estates Vineyard
Page Two
December 12, 2006
Upon endorsement by the Chairperson, the mylars and paper prints must be picked up
at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or
recorded within sixty-two (62) days of the date of final approval shall become null and
void.
Very truly yours,
house
Chairperson
enc.
CC:
Melissa Spiro, Land Preservation Coordinator (with map)
Building Department (with map)
Tax Assessors (with map)
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1801752.5
1~80
J = 833'
INQUIRY #: 1801752.5
YEAR: 1969 ~
II- I = 833'
1938 Aerial Photograph
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#1 - facing northwesterly from westerly side of frame vineyard building
#2 - from westerly corner of deck of frame vineyard building facing northerly
#3 - view from sidewalk between frame vineyard building and frame barn facing n/w, looking at easement area.
view from sidewalk between frame vineyard bldg & frame barn facing westerly, looking at easement area.
#5 - view from w/s of framed vineyard building deck facing w/s/w towards framed barn.
2 floor n/w window of office in frame barn facing w/n/w along farm road near westerly boundary
#6 - view from ~
line
#7 - view from 2~ floor n/w window of office in frame barn facing northwesterly direction over easement area.
#8 - view from n/w 2® floor window in office of frame barn, facing in a northwesterly direction, overlooking
planted grape vines within easement area
#9 - view of metal building located along westerly boundary line facing in a southeasterly direction.
#10 - View along westedy farm road facing in a nodhwestedy direction.
#11 - wood chip pile
#12 ~ View of ravine located within wooded area atong westedy boundary line within easement area.
#13 ~ View of ravine/wooded area along westerly boundary line within easement area.
#14 - Overview of easement area in lot #1 facing northwesterly direction from farm road
N43°02'40"W 8g~.23'
.......... Y .......................... iiiii ...........
230.21-..-.....N40 33 40 W 367.42' N43°22' 10"W
- 135.57'
N41°21 '00"W 245.02'
ICO.W. OVER EXI~T1N~ AC.Q~,~ EOAI)WAY
~63.99'
S43°00'20"E
352.17'
LOT #1
&.21q~ AC, RE5 BUILDIN® ARE
N36°23'00"W "
N40o15,00,,W
~rr S40°10'24"E 484.06'
$29 08'00"E
26.Z
257.03' N40o32,40,,W
376.87'
"1 HEP~B¥ G~I~TII~f THAT 13415 HAt= !~IAD MADE BY UD ~H ~AL ~D
~N AG~A~ ~XlST ~ T~I~ p~ITI~ ~ ~ A~
~ OIH~IO~L A~ ~TIG DETAIB h~ ~T.
dOHN (,. ~q~-~ N 1' P.L ~ Lid, # 50202
l~evislons,: 11-06-2006
12-01-200E~, 12 -O,~-,200E~
JOHN C. EHLERS LAND SUR
40.408,4 ACRES OVERALL ~ -. ,;-:,I i .' "-'
543888 ,rAORES SUBJECT TO DEVELOPMENT RIGHTS
- TO~N OF SOUTHOLD, iqqq ~ /
r~ U S41°~,
40.4084 ACRES OME~LL
~-. . ~E ,~ 506.92 ~ - ........ ~ ................. ::-~-~'~ .............. ,
AR
~,:ZZZZzzZzzzzzzZ- " - .........
__ 171.40' N~°22'00"W 216.89' N42o27~i6,~~v2~<LL.. ~40o33,e,,W
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......... At~,ah's .............................. Lane ......
~S44°42;2t'~, ....................... 1708.39' ............ --. . - --
SUE~E~IVISION
GALLUCCIO VINEYARDS
CUTCHO®UE
TOP4N OF SOUTI-tOLD
SUFFOLK COUNTY, NEIAI YORK
HAPPED APRIL 7, 200(9
SUFFOLK C, OUHT'r' TAX HAP NUHE~ER
I000- IOq- I - ID
lO00 - IOq - I - 24.4
FIRE DISTRICT
SCHOOL DISTRIC, T
No. 2q
No. q
APPROVED BY
PLANNING 8OAED
__ TOWN OF $OUTHOLD
· MONUMENT FOUND
TOTAL AREA = 82.~:~5 Acres
LOT #1
40.408~4 ACREs OVP-RALL
~4.1888 ACREs SUBJECT TO DEVELOPMENT RI®HTS
- TOI~N OF 50UTHOLD, I~qq
N42°21'O0"W ,
~_-6': _iii: .........
.......... _ ....... ================================= =
' ' .......... S42°21 "O0,,E ........ , , mon rd.
........ 836.26 .... ,,,,,,
LOT #2
AREA OF E:'b-V'ELOPN/E!NT RIGHTS EASEMENT
TO BE SOLD TO TO.~N OP SOUTHOLD
u ~-~ ~ - '-~ INq, l 4'0 40 W 290 n~'
171.40 ~*
1N40o22,00,,- ..... ~-~--_-~;~3
W216.89 N42 27'10"W -230.21.,.-.......N40o33,40,,W
824.24'
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
HAU~P[~GE, ~JY
DATE I'U O]
in ths~. with a tomlof
from requirements pumuant iD A~ic[e 6 ofti!~ SufBIk County
Code fcr conventional slngle-fs~ily msidenua~ realty subdivision siac¢
each lot is gmatgr Ban 5.0 aces. However, water supply and
sewage disposal facilities on each lot must confo~ to construction
standards in effect at the time of construction and are subject
~pamte permi~ pumuan[ to those standards.
OI~E~T0~,,DL~f. EN~I~0~
~PH/C 5GALl
O IOO 200
~OO
367.42'
S38°33'33"E
N43°22' 10"W N41o21,00,W
135.57' 245.02'
K.0.W. 0VEK E~51]NO ACCE55 KOAPWAY
271.50'
Alvah's
Lane
S43o00,20,,E
352.17'
. LOT #1 ~
6.2/q6 ACRES BUILDIN® ARB,~,, ~-~ ~
2
N40°lI5'00,,W
257.03'
N40°32,40,,W
484.06'
829 08'00"E
376.87'
Rcvlslona, 11-O8-2OO,~
12-01-200~, 12-O5-2OO~
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 36~t-8287 REF-\\Compaqserver\prosX2000 pros~20-2311.pro
I SHEET 2 OF 2
SUSOI¥1SION
GALLUCCIO VINEYARDS
OUTGHO®UE
TOWN OF SOUTHOLD
SUFFOLK COUNT'P, NEY, I YORK
HAPPED APRIL ~', 2OO(~
SUFFOLK COUNTY TAX NAP NUMBER
IOOO- IOq- I - ID
IOOO - IOq - I - 24.4
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
HAUPPAUGE, NY
DATE ..~__
sew~g6 dlspos~! facil]ies on esch lot ~ust conform to coestmdior~
~tandards in effect ~ the ~me of constBction and ar~ s~bject tJ
separate pe~i~ pursuant b those stanSards.
, ,,
MAP
I"=SOO'
DEC 14 2008
DEPT OF~ND
PRESERVATION
FIRE DISTRIC, T
SCHOOL DISTRICT
OALLU(~IO ~I'AT~ VINYARD~, L~C
(~AI.~UCClO ~.~/'AT~ V~'YARD I, LLC
24385 ~ ROAD ......
~O~U~ ~ YORK, 11935
No. 2q
No. q
S43°09'20"E 459.16'
...... / P£ANNING soARD /
S44°12'20"E
714.53'
........ AlvaWs ..................................... Lane .............
--~ · ....................... $44~42 ¢A-E ......... ~ r ...................... ~708~.39'- ........
S43°05' 10"E 572.47'
N40°03'31 "W 452.86'
S43°04'40"E 319.26'
,, _ LOT #1
~ "~ 'FO.4-O84 ACPME
- TO~IN OF 50UTHOLD, Iqqq ENT
N44°40'00"'W 506.92'
lOlO.55, ____;_ ;-- ~
Not:es: ',% N41°52'50"W ~7~.40' W
· b4ONUWiENT FOUNE) ®~a,PHIG ~GALE I"= IOO' ~m~om ~. ~0kh~m 74.84'
O IOO 200 ~OO
Revisions: I l-O8-2OOE~,
12-01-200(2, 12-0~-2006 ....... '
JOHN C. E~ERS L~D S~VEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287 REF-\\Compaqsewer\pros~2000 prosk20-231J.pro
[ SHEET I OF 2
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SURVEY OF PROPERTY
SITUATE: CUTCHOGUE
TOWN: SOUTHOLD
SUFFOLK COUNTY, NEW YORK
SUFFOLK COUNTY TAX ~
IOOO - IOq - I - P/O ID
TOWN OF SOU~-~OLD
f~'I.~WA~.T 'ItH.tL~ INSL,'AANCii COb'~ANY
FECONIC LAND TRUffI', IHCORPORA~ED
FINAL
SURVEY
S43 °09'20"E 459.16'
,, 366..4. I~ - ...............
Af~EA OF IPEVELOPNIIEHT i~.lehTS EASEMENT TO DE 5OLD
TO TO!NN OF 5OOTHOLO. AREA = 1~5,146 S. P. OR 42.12q2 Acros
S44°12'20,,E
714.53'
1010.55,
R.O.W. OVER EXISTINO ACCESS g0AI)WAY
S43°05'10.E
N41~
572.47'
IO"w ....... _-
S43 °04'40"E 319.26' ~ ...... ~ _44o40,00,,E
N4~0__, N40°26'40,,W
~ ~2 50'W 171.40,
74.84' N40
171.40'
ERAPHZC SCALE 1"-100 '
0 100 200 300
HINoR 5u~ LOT #2
r~DIVISIoN FOR THE ESTATE
OF 50PHIE KALosf,<I FILED FEB 16, 2000
AS FILE ~ tOUR8 .
TO~N O~
................ ~4~l ~TH°LO DE~LopHENT ~I~HTs
843°02,40,E
824.24'
290.01'
A~EA OF DE
42.1292 Acres
0°33'40"W 367.42' N43M2' 10"W
135,57' N41°21'~"W ~5.02'
S40o10,24.E
~, 484.06,
N40°15'00"W 257.03,
829 08'80'~
N40o32, 40,,W 26.78
376.87,
C. EHLERS LAND SURVEYOR
N.Y.S. MC. NO. 50202
6 EASTMAINSTR~,~T
RIVERHEAD, N.Y. 11901
369-8288 Fax369-8287
\\Compaqserver\pms~2000pros~20-231CLOSINGMAP.prc
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