HomeMy WebLinkAboutCaberon Properties, Inc 1000-109-5-16.3
(f/k/a 1000-109-5-p/o 16.1)
& 1000-109-6-15
Baseline Documentation
Premises:
765 Case's Lane & 450 Cedars Road
Cutchogue, New York
12.6628 acres
Development Rights Easement
CABERON PROPERTIES, INC.
to
TOWN OF SOUTHOLD
Deed dated August 1, 2006
Recorded August 21, 2006
Suffolk County Clerk - Liber D00012465, Page 493
SCTM #:
Premises:
1000-109-5-16.3
(f/k/a 1000-109-5-p/o 16.1)
and 1000-109-6-15
765 Case's Lane and
450 Cedars Road
Hamlet:
Cutchogue
Purchase Price:
Funding:
$551,540.00
(11.99 buiidable acres
$46,000/acre)
Community
Preservation Funds
(2% land bank)
CPF Project Plan:
Yes
Total Parcel Acreage:
Development Rights:
Reserved Area:
Zoned:
13.7228 acres
12.6628 easement acres
(includes .6736 acre wetlands area
excluded from purchase price)
1.06 acres (club house)
A-C and R-40
Existing Improvements:
In June 2006 -
Active 9-hole public golf course
includes a stockade fence
encroachment, woods, ponds,
culverts, and utility pole
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A. DESCRIPTION
1. LAND
The subject property is two parcels of land having a combined area of 12.61:1: acres.
Lot #1000-109-6-15
This parcel has a southerly border of 229:1:' running along the northerly side of Cedars
Road, running thence northwesterly 361:1:', running thence northerly 640:1: along the
easterly side of Case's Lane, running thence easterly 72:1:', running thence southeasterly
395:1:', running thence southerly 314:1:', running thence westerly 86:1:', thence
southerly113:1:', thence westerly 70:1:', thence running 190:1:' to the point of beginning, for
a total area of 6.97:1: acres.
4.
Lot #1000-109-5-16.1"
This parcel has 360:1:' offrontage along the southerly side of Cedars Road, a westerly
line of 515:1:', an easterly line of 360:1:' and an irregular southerly line of 729:1:', for a total
area of 5.64:1: acres.
The above dimensions are taken from the Suffolk County Tax Map. We have
included a copy of the Tax Map in the addenda to this report.
Utilities (electric and telephone) are available along the property's road frontage.
Cedars Road and Case's Lane are two way, two lane, publicly maintained macadam paved
roads. Public water is not available to the subject.
"Approximate dimensions of subject portion.
19
~GIVEN
ASS 0 C I AT (S
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A. DESCRIPTION (CONTINUED)
1. LAND (CONTINUED)
In the addenda to this report, we have included a copy of the Suffolk County Tax Map
/ which shows the entire property of which the subject of this appraisal is a portion.
.
.
The property has a gently rolling topography, is mostly cleared, and has limited creek
views from the southern parcel. It is situated at or near grade with the abutting road and
is in use as a golf course. The property also contains a portion of wetlands (estimated to
be approximately 0.5:!: to 1.0:!: acres) located in the southwesterly section of the property.
Land surrounding the subject is primarily vacant or improved residential properties.
"/
2. IMPROVEMENTS
The subject is being appraised as unimproved vacant land.
B. PRESENT USE AND OCCUPANCY
The subject is presently in use as a 9 hole golf course.
~GIVEN 20
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Phase I
Environmental Site Assessment
Cedars Golf Club
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate and the Target
Protocol) on the subject property based on the four (4) basic components of a Full Phase I
Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and
evaluation and reporting.
The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk,
New York. The property is comprised of two (2) parcels of land totaling approximately 13.70
acres. This report addresses approximately 12.62 acres ofthe property. The subject property is
located on the north and south sides of Cedars Road, between Case's Lane on the irest and New
Suffolk Road on the east. The property is more particularly described as Suffolk County Tax
Map # 1000-109-6-15 and 1000-109-5-16.1.
The subject property is currently occupied by the Cedars Golf Club. The property is comprised
of two (2) parcels located on the north and south sides of Cedars Road. The southern portion of
the property consists of approximately 5.69 acres. A total of four (4) golf holes and several sand
traps are located in this portion of the property. The course is interspersed with patches of
mature trees and some plants. Several ponds were observed. The ponds located at the
southwestern portions of the parcel are connected by culverts to West Creek which is adjacent.
The levels of these ponds fluctuate with the tide. Several irrigation heads were observed
throughout the area. Small areas of woods were observed around the perimeter of the property.
This area of the property is generally flat. Ponding, as a result of the recent heavy rains, was
noted throughout this portion of the property.
The northern portion of the property, approximately 6.96 acres, is comprised of five (5) golf
holes, sand traps and areas with mature trees. Several patches of vegetation were also noted
along the perimeter of the property. A functional, hand pump associated with a water supply
well was observed in one of the vegetated patches located in the northern portion of the parcel.
Topography in this area was variable. No ponding was observed. Several irrigation heads were
noted. A large pile of trees limbs was observed along Cedars Road. It is unclear if the debris
was on the subject property or within the road right-of-way. No staining, stressed vegetation or
odors were noted on the property.
Cedars Golf Club, Cutchogue
Phase I ESA
.
No Sanborn map coverage was available for the subject property or nearby area. Aerial
photographs from 1938, 1955, 1966, 1978, 1984, 1996, 1999, 2001 and 2004 were reviewed in
order to determine if any prior uses occupied the subject property. The area of the subject
property consisted offannland and vacant land in the 1938 aerial photograph. A small creek and
wetlands extending up to the area of Cedars Road were also visible on the southern parcel of the
property. The creek and wetlands located on the southern parcel were altered in the 1955 aerial
photograph. A levee appears to have been constructed dividing the treek. A small orchard or
tree fann was visible at the southeastern portion of the northern parcel. The golf course as it
currently exists was evident in the remaining aerial photographs.
/
An extensive government records search found no potential sources of environmental
degradation on the subject property. The subject property was listed as a Petroleum Bulk Storage
(PBS) facility but this storage facility is apparently associated with the Pro Shop located on the
reserved area of the southern parcel which is not a part of this report. Several State and County
documented regulated sites were noted in the vicinity of the subject property. One (1) active and
three (3) closed spills were documented with one half(0.5) mile of the subject property.
.
In conclusion, this assessment has revealed no evidence of the recognized environmental
conditions in connection with the subject property, subject to the methodology and'Iimitations of
this report. However, it is recommended that if the property is to be used for residential purposes
in the future, the soil should be analyzed for pesticides and heavy metals.
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Page 2 of 24
NELSON. POPE & VOORHIS, LLC
ENVIRONMENTAL. PLANNING. CONSULTING
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Cedars Golf Club, Culchogue
Phase I ESA
FIGURE 1
LOCATION MAP
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Ceda.. Golf Club, Culchogue
Phase I ESA
FIGURE 2
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Phase I ESA
FIGURE 3
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Ph.se I ESA
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Ph.se I ESA
FIGURE 5
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Cedars Golf Club, Cutchogu.
Pha.. I ESA
FIGURE 6
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Cedars Golf Club, Cutchogue
Phase I ESA
FIGURE 7
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Phase I ESA
FIGURE 8
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Phase I ESA
FIGURE 9
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Ph.se I ESA
FIGURE 10
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Town of Southold - Letter
Board Meeting of June 20, 2006
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RESOLUTION 2006-558
ADOPTED
Item # 28
DOC ID: 1955
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THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-558 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 20, 2006:
.
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands), Chapter 59
(Open Space), and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town
Board of the Town of South old hereby sets Tuesdav. Julv 11.2006. at 8:00 p.m.. Southold
Town Hall. 53095 Main Road. Southold. New York as the time and place for a public
hearin2 for the purchase of a development ri2hts easement on property owned bv Caberon
Properties. Inc. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (~arcell) and
SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road,
respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane.
approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in
Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of Cedars Road
approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road
in Cutchogue in an R-40 zoning district. The proposed acquisition is for a development rights
easement on approximately 12.6628 acres of the total 13.7228 acreage. The combined parcels are
more commonly known as Cedars Golf Club.
The exact area ofthe purchase is subject to a Town provided survey acceptable to the Land
Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars) per buildable
acre. The purchase price is less than fair market value and is considered a Bargain Sale.
There is a nine-hole public golf course located on the properties. The Town is proposing to
acquire the development rights on these properties with the intent of allowing the existing use to
continue. Any purchase by the Town will restrict future use of the property to continued use as a
. public golf course, change of use to a different type of public recreational use, or agricultural
use.
Generated June 23, 2006
Page 49
.
/
.
.
Town of Southold - Letter
Board Meeting of June 20, 2006
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural and recreational value; and
FURTHER NOTICE is hereby given that a more detailed description.of the above mentioned
parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
~!/-"'I~.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
';"
Generated June 23, 2006
Page 50
.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25
(Agricultural Lands), Chapter 59 (Open Space), and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby
sets Tuesday. July 11.2006. at 8:00 D.m.. Southold Town Hall. 53095 Main Road.
Southold. New York as the time and Dlace for a Dublic hearlne for the purchase of a
deyeloDment riehts easement on DroDertv owned by Caberon ProDerties. Inc. Said
properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcell) and SCTM #1000-
109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road,
respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's
Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and
Case's Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of
Cedars Road approximately 378 feet westerly from the intersection of New Suffolk
A venue and Cedars Road in Cutchogue in an R-40 zoning district. The proposed
acquisition is for a development rights easement on approximately 12.6628 acres of the
total 13.7228 acreage. The combined parcels are more commonly known as Cedars Golf
Club.
The exact area of the purchase is subject to a Town provided survey acceptable to the
Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars)
per buildable acre. The purchase price is less than fair market value and is considered a
Bargain Sale.
.
There is a nine-hole public golf course located on the properties. The Town is proposing
to acquire the development rights on these properties with the intent of allowing the
existing use to continue. Any purchase by the Town will restrict future use of the
property to continued use as a public golf course, change of use to a different type of
public recreational use, or agricultural use.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural and recreational value; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: June 20,2006
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JUNE 29. 2006. AND FORWARD ONE (!) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO
BOX 1179. SOUTHOLD. NY 11971.
.
Copies to the following:
The Suffolk Times Town Board Members
Town Clerk's Bulletin Board
Town Attorney
Land Preservation (2 copies)
.
SOUTHOLD TOWN BOARD
PUBLIC HEARING
July II, 2006
8:00 PM
.
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 25 (Agricultural Lands), Chapter 59 (Open Space), and Chapter 6
(2% Community Preservation Fund) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesdav. Julv 11. 2006. at 8:00 p.m.. South old Towu Hall.
53095 Main Road. Southold. New York as the time and place for a public hearinl!
for the pnrchase of a development ril!hts easement on property owned bv Caberon
Properties. Inc. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcell)
and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450
Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly
side of Case's Lane, approximately 557 feet southeasterly from the intersection of State
Route 25 and Case's Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the
southerly side of Cedars Road approximately 378 feet westerly from the inter:.!ection of
New Suffolk Avenue and Cedars Road in Cutchogue in an R-40 zoning district. The
proposed acquisition is for a development rights easement on approximately 12.6628
acres of the total 13.7228 acreage. The combined parcels are more commonly known as
Cedars Golf Club.
The exact area of the purchase is subject to a Town provided survey acceptable to the
Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars)
per buildable acre. The purchase price is less than fair market value and is considered a
Bargain Sale.
There is a nine-hole public golf course located on the properties. The Town is proposing
to acquire the development rights on these properties with the intent of allowing the
existing use to continue. Any purchase by the Town will restrict future use of the
property to continued use as a public golf course, change of use to a different type of
public recreational use, or agricultural use.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural and recreational value; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
/
/
This notice has been published in the local newspapers as a legal and it has appeared on
the Town Clerk's bulletin board outside in the hallway and I have no further
communications on this public hearing.
.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on issues of
this purchase? Melissa Spiro?
.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, I
am the Land Preservation Coordinator for the Town of Southold. This purchase is really
an atypical one, in that it is neither typical open space nor typical farmland. The property
contains, as mentioned, an existing nine hole public golf course. The course is located on
two separate parcels, separated by Cedars Road. One parcel is about 7 acres and the
other is about 6. One parcel is located in the R-80 and the other is in the R-40 zoning
district. The land owners have offered a developments rights easement on all but
approximately one acre of the property. The one acre contains ~ existing club house and
that is being reserved from the developments rights sale. The developments rights
easement in total covers 12 acres of the two different parcels. The farmland that is
located to the south of one of the properties is already preserved with a county
developments rights easement to the county. The Land Preservation Committee reviewed
and accepted this application with the intent that once the development rights are
acquired that the existing use, the public golf course, will be allowed to continue. Since
we really don't know what will occur in the future, what the future will bring, the
easement allows for should the public golf course use cease to exist, that future use of the
property will be allowed to be another type of public recreational use or if public
recreational use is not a desired use at that particular time, the property can convert or be
converted to an agricultural use. If it is converted to an agricultural use, the ag use will
be allowed to be a private use and not a public use, similar to our typical farmland
development right easement. The landowners agreed to sell the easement to'\he Town at
a price below the fair market value and the total price will be calculated based on $46,000
an acre. Since the easement allows for future agricultural use and does not restrict the
property to open space uses only, sanitary flow credits will not be transferred from this
acquisition. It was exciting to work on this unusual application, something a little
different. The golf course I feel is an important part of Cutchogue village and I thank the
land owners, who I believe are somewhere here in the audience, for offering this
easement to the Town and for allowing the Town to preserve this as part of our
preservation efforts. Both the Land Preservation Committee and I recommend that the
Town Board pass the resolution to purchase this easement and if all goes as planned, we
expect to close before the end of the month. Thanks.
/
.
SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment on this
acquisition? I would personally like to thank the owners for their generosity, I think it is
an exciting purchase as well and it is buying one of Cutchogue's defining landmarks
which is fantastic for a guy from Cutchogue. George?
.
GEORGE PENNY: Good evening, I am George Penny. I am vice-president of Caberon
Incorporated. Some of our members are here representing the four original families that
started this back in the mid 60's? 65? That being Russell Case, Bob Bergen, Dick Cron
(who has passed away) and my father. None of the original founders are here for this or
can participate in any way as they have all passed on but I know it was their intent that
this always remain a golf course and that was our main goal in doing this, being as the
world is under terrific development pressure right now, that whether we retain the
property or not, it will be kept in public use, most hopefully. If the worse case scenario is
that it will revert to agricultural but I just don't see that happening being as it is the only
.
nine hole golf course in Southold Town. So we are pleased to present this to the Town.
Thank you.
SUPERVISOR RUSSELL: Thank you. Would anybody else care to address the Town
Board?
/
SUE AUER: MY name is Sue Auer and I represent 128 women who play golf at the golf
course. Compute that by 10 voting things at 1,280 votes. They want, they are very
excited about this, that it is going to be preserved. And we want to thank you for
considering this.
SUPERVISOR RUSSELL: Thank you very much for your comment. Would anybody
else care to address the Town Board? (No response). Motion to close the hearing?
* * * * *
~~~
Southold Town Clerk ".
.
.
oo~~=< =~ooo~~~~oz
.
.
.
.
RESOLUTION 2006-608
ADOPTED
DOC ill: 2000
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-608 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 11, 2006:
WHEREAS, the Town Board of the Town of South old wishes to purchase a development rights
easement on a certain properties owned by Caberon Properties, Inc., pursuant to the provisions of
Chapter 17 flk/a Chapter 6 (Community Preservation Fund) and Chapter 70 flk/a Chapter 25
(Agricultural Lands) and Chapter 185 flk/a Chapter 59 (Open Space) of the Code ofthe Town of
Southold. Said property is identified as part ofSCTM #1000-I09-5-p/o 16.1 (Parcell) and
#1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road,
respectively, in Cutchogue, New York. Parcel I is located on the easterly side of Case's Lane,
approximately 557 feet southeasterly from the intersection of State Route 25 and G:ase's Lane in
Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road,
. approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road
in Cutchogue in the R-40 zoning district. The proposed acquisition is for a development rights
easement on approximately 12.6628 acres ofthe total 13.7228 acreage. The exact area of the
purchase is subject to a Town provided survey acceptable to the Land Preservation Committee.
The combined parcels are more commonly known as Cedars Golf Club. The purchase price for
the easement is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less
than fair market value and is considered a Bargain Sale; now, therefore, be it
RESOLVED bv the Town Board of the Town of South old that this action be classified as an
Unlisted Action pursuant to the SEORA Rules and Regulations. 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of South old that the Town of South old is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
.
.
Resolution 2006-608 Board Meeting of July 11, 2006
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 ofthe Town of Southold hereby finds no sil!nificant impact
on the environment and declares a nel!ative declaration pursuant to SEORA Rules and
Rel!ulations for this action.
/
/
P~ot~C7.Q...:t.?
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski JI.
,.
.
.
Updated: 7/6/20069:46 AM by Lynda Bohn
Page 2
.
617.20
Appendix C
State Envlronmentel Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNUSTED ACllONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2
1. APPUCANT {SPONSOR: Southard Town Board
3. PROJECT LOCATION:
Municipality: S:.c~<l-O\..."" ,,",,,()'-'.l./V "
2 R ECT N E 0L0'f'\ ~ft. '\00( 0 . \
. P OJ AM: C"\3.rtc:.N '(",ofelt..,
"'''"
County: S 01" FOL \<;.
/
4. PRECISE LOCATION: (Street address and road intersectionsl prominent landmarks, etc, or provide map)
~"""loCO-\"'1.S-1'16 Ib.\ ~ \000-\o'l-b-15
7~'S C,,\.':. L"... .. LlSO C..';'c,(~ ~o..c\-
=~==="',-"-~...~
5. IS PROPOSED ACllON:
IX N 0 E ,0 Modl'ficatr'on
ew xpanslon
.
6. DESCRIBE fROJECT BRI~FL Y: r C '0,
10""" cre"",,,, o(] &'\l. It:<;~ e"'~ 0,\ P..b'Z'ir Qe1'S 0'<- 13.722 ~c..I" 1""""<
(z. '?::<""\~ .."....c.&.\% ~:n:...'6 "'I'~. -:r.-~.."'<"t C\.\\...., ~i,,+~"',o u\.e ( ~v,,\.'<:. ~-~I~ ~b\,t! (OIJ'CS-e
~c"""\^v'~'i'O(C"'~'" w"\1 1<5+'\& ~v"X<t ""'1(;9vl>l,< '1,,1.('. r.v,s"Jc\..c."'lr"'ti;Ci,ft;.a,,~ 1yff
"~ ...Iic ""N'''","\~oJ us.< :o~"'.s'\<u, 1v~...g u.... .
7. AMOUNT OF LAND AFFECTED:
INITALLY 12.~'2.11 acres ULTIMATELY 12,(,.'Z.'b acres
r~~I::s~;OP::~D{~=:e:c::eM:~::ITH EXI~NG~~N;~G~R O;H~;" EXI;~~~LAN~ U~E ~~RI~~~~;:
I,~~~"~~~~.._,.~,~_.,,~,-~~~",~"---~~,-,~"-~, _~"~~"_~_~
J 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
if)? . . ['X [1 R" ~
! ReSidential Commercial' Industrial Agriculture
I
I Describe:
i
~-~~'-'-..._-.~~- -'"~~~~~~'-'-~~~~~--~~-~--'-'--~--- -'--'-''-'--'''-~..~-._-._-- ---- ---,---
110. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR Ul TlMATEL Y FROM ANY OTHER GOVERNMENTAL
I AGENCY (FEDERAL, STATE OR LOCAL)?
1[1 /Y1
! Yes No if yes, list agency(s) and permit/approvals
~~~~"'-~"~.~~~'.'~~_~~'_"'""'-o.-_"
r
rark/ForesVOpen space
(C:o""I.oos.' (,.u~
Other
,
,
I
I
---I
i~"""~--~-~-~,~~""~--~-~_"~,~ __~"_ ~~~~~~_,_~~_._"_, __ ____ ._.
! 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
In 17'
J Yes No
if yes, list agency(s) and permWapprova/s
I
I
__I
I
r
r--
,
j 12, AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION7
i r ft'
Yes No
_._-----".,~"".-._--~~-~..~,~-'"","-~~,-~_._.~---~"..--_,,~'._.~...,_.~.._.
r"~"~--'~---~
, I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
.
API,I"''''','!,rn,' "on" .0"e.Y~~07 j.AI'ot) '\>~~h~<<.
S'"natIHI' ~__g~_
If th~ action is in the Coastal Area, and YOll are a state agency, complete the (oost,,1 Assessment Form bcfor-c'
proceeding with this assessment
l'aIL'_J/~J~_
.
/
.
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PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOES ACTION EXceED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4?
o YeslSa No If yes roordlnate the "ll1ew process and use the /iJ/1 EAF
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLImD ACTIONS IN 6 NYCRR, PART 617.6?
o YeslR] No If no, a negative dedaratlon may be suspended by another Involved agency
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING:
(Answers may be handwritten, If legIble)
C1. Existing air quality/ surface or groundwater quality or quantity, noIse levels, existing traffic pattems solid waste production or
di5PKJ~ 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?
ExplK:r}rlefly:
C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly;
!Jv
C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources?
EXPla~ ~riefly;
CS. G!~wth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly;
IVo
C6. LYb term, short term, cumulative, or other effects not identified in C1 ~C5? Explain briefly:
C7. Other-impacts (including changes in use of either quantity of type of energy)? Explain briefly:
I
I
I
I
I
I
I
r ~:~:' ..:m<cr",~ '" m'= ~m' "~M'"~~"^=~"'",'=""'~~~='"'~" ^]
r;I~~H-E~E:~;~~;~~~E-:~~~~~~; CO~;;;;ER;;~;:TE~~O POTENTI.~:;:~-DVE;SE EN~ENTAL ~M~~S?--- I
ir . ~ . !
j 'res Nu I
' ,
i - _e, --'------~,--~-..-----~- ~---'--'~'-~~---~~----~_____~,~~,___._,~__ __~e_l.
! PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
! INSTRUCnOHS; for each adver:se effect i?ent~ficd above, determine whe~~er it is sub~tantial, large,. or othe~ise Si~~ificant. Each effec.t should
i be assessed II) cOllnc~ction with rts (a) settltlg (I.e, ul-ban or rural); probability of occurnng; (c) duration; (dO Irreversibility; (e) geographiC scope; ,
! and (f) Illagllitud('. If necessary, add attachmenls or reference supporting materials. Ensure that explanations contain sufficient detail to show I
1 that all relevant adverse illl[XKts have been identified and adequately addressed. If question D of part II was checked yes, the determination and i
I significance must evaluate the pot?~tjaf impact of tt~~oPo5ed action on the environmental characteristics of the CEA. j
~ ~7::E~::~~:~:~:~::~~~:::::;::;:,:::~;~:,::,;::~~:~::"::' "I
that the, pmposed action WILL NOT result in allY significant adverse environmental impacts AND provide on attaehme,," I
as necessary, the reasons supporting this determination: ~
---- S-.'" t\---'>ht>\ O";'~,e Of~~9~CY I
S6e>it_Tus S" \ S. .n-...._ 'I
PI-int of t)'Pe r~Clrne 0 .
i
j
om of responsible officer)
~ ~ ~u = -< 00 ~ ~ ~. 00 0 ~ ~ ~ ~ 0 Z
.
.
.
.
/
.
.
RESOLUTION 2006-616
ADOPTED
DOC ill: 2006
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-616 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON
JULY 11, 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 certain properties owned by Caberon
Properties, Inc., on the 11 th day of July, 2006, pursuant to the provisions of Chapter 17 flkla
Chapter 6 (Community Preservation Fund), Chapter 70 flkla Chapter 25 (Agricultural Lands)
and Chapter 185 flkla Chapter 59 (Open Space) of the Code ofthe Town of South old, at which
time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-109-5-p/o 16.1 (Parcell):tmd SCTM
#1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road,
respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane,
approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in
Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road,
approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road
in Cutchogue in the R-40 zoning district. The combined parcels are more commonly known as
Cedars Golf Club; and
WHEREAS, The proposed acquisition is for a development rights easement on approximately
12.6628 acres of the total 13.7228 acreage. The exact area of the development rights easement is
subject to a Town-provided survey acceptable to the Land Preservation Committee; and
WHEREAS, the purchase price for the easement is $46,000 (forty-six thousand dollars) per
buildable acre. The purchase price is less than fair market value and is considered a Bargain
Sale; and
.
Resolution 2006-616 Board Meeting ofJuly II, 2006
WHEREAS, there is a nine-hole public golf course located on the properties. The Town is
proposing to acquire the development rights on these properties with the intent of allowing the
existing use to continue. Any purchase by the Town will restrict future use of the property to
continued use as a public golf course, change of use to a different type of public recreational use,
or agricultural use; 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 recreational value; and
WHEREAS, the purchase of the development rights on these properties is in conformance with
the provisions of Chapter 17 f/kJa Chapter 6 (Community Preservation Fund), Chapter 70 f/kJa
Chapter 25 (Agricultural Lands Preservation) and Chapter 185 fi'kla Chapter 59 (Open Space) of
the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 ofthe;Town Code
and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has
. determined that this action is consistent with the L WRP; and
WHEREAS, the 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
RESOL YED that the Town Board of the Town of Southold hereby elects to purchase a
development ri!!hts easement on certain properties owned bv Caberon Properties, Inc.,
pursuant to the provisions of Chapter 17 f/k/a Chapter 6, Chapter 70 f/k/a Chapter 25, and
Chapter 185 f/k/a Chapter 59, of the Code of the Town of Southold. Said properties are
identified as SCTM #1000-109-5-p/o 16.1 (Parcell) and SCTM #1000-109-6-15 (ParceI2). The
addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York.
Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from
the intersection of State Road 25 and Case's Lane in Cutchogue in the A-C zoning district.
Parcel 2 is on the southerly side of Cedars Road, approximately 378 feet westerly from the
intersection of New Suffolk Avenue and Cedars Road in Cutchogue in the R-40 zoning district.
. The development rights easement comprises approximately 12.6628 acres (subject to survey) of
Updated: 7/6/2006 10:05 AM by Lynda Sohn
Page 2
.
Resolution 2006-616 Board Meeting of July 11, 2006
the total 13.7228 acreage. The exact area ofthe development rights easement is subject to a
Town-provided survey acceptable to the Land Preservation Committee. The purchase price for
the easement is $46,000 (forth-six thousand dollars) per buildable acre. The purchase price is less
than fair market value and is considered a Bargain Sale. The Town is acquiring the development
rights on these properties with the intent of allowing the existing use as a nine-hole public golf
course to continue. The purchase of development rights by the Town will restrict future use of
the property to continued use as a public golf course, change of use to' a different type of public
recreational use, or agricultural use.
P~Q~....~.
Elizabeth A. Neville
South old Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
L
.
.
Updated: 7/6/2006 10:05 AM by Lynda Bohn
Page 3
u~ooo~z~ oo~<~~~~z~
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CLOSING STATEMENT
CABERON PROPERTIES, INC.
to TOWN OF SOUTHOLD
Development Rights Easement -12.6628 acres
11.99 buildable acres @ $46,OOO/acre
Premises: 765 Case's Lane & 450 Cedars Road, Cutchogue
Total Parcel Acreage -13.7228 acres
SCTM #1 000-1 09-5-p/o 16.1 & 1000-109-6-15
Closing held on Tuesday, August 1, 2006 at 10:00 a.m.,
Land Preservation Department, Southold Town Hall Annex
Purchase Price of $551,540.00 disbursed as follows:
.
Payable to Caberon Properties, Inc.
Check #87215 (8/1/06)
$ 551,540.00
Expenses of Closing:
Appraisal
Payable to Given Associates, LLC
Check #81328 (5/10/05)
$
2,700.00
Survey
Payable to Peconic Surveyors, P.C.
Check #85045 (2/14/06)
$
4,500.00
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
Check #87665 (9/5/06)
$
1,300.00
.
.
Title Report
Payable to Stewart Title Insurance Company
Check #87217 (8/1/06)
$
2,646.00
Fee Insurance
Recording Easement
Certified Easement
Franchise Report
Additional Tax Search
$ 2,316.00
$ 200.00
$ 75.00
$ 25.00
$ 30.00
Those present at Closing:
Scott A. Russell
Mary C. Wilson, Esq.
Southold Town Supervisor
Attorney for Town of Southold
.
Eileen Bergen Talbot
Don Bergen
George Penny
Geoff Penny
John Dennison
Donna Palmer
Seller Stockholder
Seller Stockholder
Seller Stockholder
Seller Stockholder
Seller Stockholder
Paralegal for Seller - Caberon Properties, Inc.
Andrea Rive
Melissa Spiro
Melanie Doroski
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
.
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VENDOR 002916 CABERON PROPERTIES. INC.
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08/01/2006
"\
r.o.# IUVOICE
H3 .8660,2,600.100
.
.
'-
r'HRr'K
87?1'i
DEOCRlr'f'IOn
M.I0UiJ'f'
11,99 ACRES-CEDAR 551,540,00
TOTAL
551,540.00
TOWN OF SOUTHOLD . SOUTH OLD, NY 11971.0959
./
~GIVEN
.
ASSOCIATES
GIVEN ASSOCIATES, LLC
P.O. Box 5305 . 548 Route 111 . Hauppauge, NY. 11788-0306
(631) 360-3474
FAX 360-3622
April 21,2005
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
~I~A: ~!;j~
DEFT Of lAND
PRESERVATION
Appraisal of Property of Caberon Properties, Inc.,
S.C.T.M. #1000-109-5-16.1 & 1000-109-6-15
located North and South side of Cedars Road, Cutchogue, NY
Disburs Inquiry by Vendor Name
Hi ............. .Detail--GL100N..............
LL W-05102005-771 Line: 92 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 5/10/2005 SOT 5/10/05
Trx Amount... 2,700.00
Description.. APPRAISAL-CEDARS GOLF
Vendor Code.. 007416
Vendor Name.. GIVEN ASSOCIATES LLC
Alt Vnd..
CHECK........ 81328
Invoice Code. 2004287
VOUCHER..... .
P.O. Code.... 13911
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 5/10/2005
Date Cleared. 5/31/2005
F3=Exit F12=Cancel
.
File# 2004287
GL108S 20
View 1
Vendor.. 007416
Y=Select
JE Date Trx.Date Fund Account
----------------------------- Begi
TOWN OF SOUTHOLD
** Actual
GIVEN ASSOCIATES
4/12/2005 4/12/2005 H3 .600
4/12/2005 4/12/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
5/10/2005 5/10/2005 H3 .600
X 5/10/2005 5/10/2005 H3 .600
7/05/2005 7/05/2005 H3 .600
9/13/2005 9/13/2005 H3 .600
10/25/2005 10/25/2005 H3 .600
10/25/2005 10/25/2005 H3 .600
11/10/2005 11/10/2005 A .600
, , 11/10/2005 11/10/2005 A .600
, , 11/10/2005 11/10/2005 A .600
,~~:~~:~~:_~:~:~~:~~:_~3_.t~~ Acti
F2=Shift Up F3=Exit FIO=Prev View
Select Record(s) or Use Action Code
$2,700.00
SCNB
. .
.................................................................................. ..
PECONKC .sURVEYORS, P.Co
.
P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
.J A"<t>M)<76~ Fa2ll1n)"$'65-1797
TOWN OF SOUTHOLD
RE: CABERON PROPERTV/TOWN OF SOUTHOLD
765 CASE'S LANE & 450 CEDARS RD
CUTCHOGUE
-- _ "'O"R 17"Rell.~E fdReER f! l1fJ9f:
FOR PROFESSIONAL SERVICES RENDEREfl,
.JOB # 05-267 & 05-26B
SURVEY
As PER qUOTE
$4,500.00
SUFFOLK COUNTY TAX MAP
] 000-] 09-06-] 5
.
FINAL PAYMENT DUE
UPON RECEIPT
GLID8S 20
View 1
Vendor.. 016144
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Actl
7/31/2001 7/31/2001 H3 .600
8/28/2001 8/28/2001 A .600
6/03/2003 6/03/2003 H3 .600
12/02/2003 12/02/2003 H3 .600
3/23/2004 3/23/2004 H3 .600
5/04/2004 5/04/2004 H3 .600
5/04/2004 5/04/2004 H2 .600
11/30/2004 11/30/2004 H3 .600
4/26/2005 4/26/2005 H3 .600
4/26/2005 4/26/2005 H3 .600
, , 12/20/2005 12/20/2005 H3 .600
Y 2/14/2006 2/14/2006 H3 .600
2/14/2006 2/14/2006 H3 .600
.
-------------------------------- E
F2=Shift Up F3=Exit FID=Prev View
Select Record(s) or Use Action Code
TOWN OF SOUTHOLD
** Actual Hi
PECONIC SURVEYORS,
Disburs Inquiry by Vendor Name
............. .Detai1--GL100N..............
W-02142006-981 Line: 356 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 2/14/2006 SDT 2/13/06
Trx Amount... 4,500.00
: Description.. SURVEY-CABERON PROPRTIES
Vendor Code.. 016144
Vendor Name.. PECONIC SURVEYORS, P.C.
A1t Vnd..
CHECK........ 85045 SCNB
Invoice Code. 05-267/268
VOUCHER..... .
P.O. Code.... 14895
Project Code.
Final Payment F Liquid.
Type of 1099. N BOX. Add1.
Fixed Asset.. Y
Date Released 2/14/2006
Date Cleared. 2/28/2006
F3=Exit F12=Cance1
. .
......................................... .
Netson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
.
Property: 06185 Project: V A02140
Cedars Golf Course, Cutchogue
Manager: McGinn, Steven
Invoice
To:
Town of Southold
Town Hall
53095 Main Rd, PO Box 1179
Southold NY 11971
Attention: Melanie Domski
Invoice #:
4229
August 20, 2006
Invoice Date:
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS
$1,300.00
Invoice Amount
Contract Dated June 20, 2006
Contract Item #1
Phase I Environmental Site Assessment
Work Performed thru 7/12/06
.
Contract Amount:
Percent Complete:
Fee Earned:
Prior Fee Billings:
$1,300.00
100.00%
$1,300.00
$0.00
Current Fee Total:
$1,300.00
*** Total Project Invoice Amount
$1,300.00
All invoices are dup npt in dtn-" -1 Inlll' "h"...." ", 1 ~L nflP _~_.l.. ....." ~ ~ _~.I_.1 __ _
TOWN OF SOUTHOLD
** Actual Hi
NELSON, POPE & VOOR
GLIOBS 20
View 1
Vendor.. 014161
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
X 9/05/2006 9/05/2006 H3 .600
9/05/2006 9/05/2006 H3 .600
.
-------------------------------- E
F2=Shift Up F3=Exit FIO=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
............. .Detail--GL100N..............
W-09052006-828 Line: 226 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 9/05/2006 SDT 9/05/06
Trx Amount... 1,300.00
Description.. PHASE l-CABERON ESA ENVR
Vendor Code.. 014161
Vendor Name.. NELSON, POPE & VOORHIS,
Alt Vnd..
CHECK........ 87665
Invoice Code. 4229
VOUCHER.... ..
P.O. Code.... 15208
Project Code.
Final Payment
Type of 1099.
Fixed Asset. .
Date Released
Date Cleared.
F3=Exit F12=Cancel
SCNB
Liquid.
BOX. 07
F
M
Y
9/05/2006
Addl.
. .
......................................... .
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"1'I'i,",l1~'" ,,1'lk'LV:ILTE NY 11747
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1\1.""""I2l!!IIlJlt;KilQ" ;;(7'. ii' ~~I.:::::: 'I\=\il= 'II'
0S/0~h~d~j~i(~,'1\ji:~i~~;i~/'- ifi~.Ci!~iiiqTl[7\i
FORTY SIX AND. 00/10 ohdL7i:lI'b}~ \;~~i "; 1.;~,:;~;.',';;"i7..:...:;(";;;:;~' "
, , "'f '''~~''l" ,,,- .. ....,'"..I\,....,!,,,..,,.....I>>
~" 'n::^~ ;'~~'~:~~,' H': <:t,:;j\":,;, .: j~~~;:S m:::; tHF"E m~: m~~:
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M>. '
. :',t":,::)H:::':~\~\.'::0 ',' Jti)
11'087 2 ~711' 1:0 2 ~l,oSl,bl,l:
b:l 00000 l, Oil'
VENDOR 019624 STEWART TITLE INSURANCE CO.
,.
08/01//.006
C'HRC'K
R7?17
"'\
FrnJD &.. ~7\~C':':'lj:NT
roo. # I~rvTOICE
DIJOCRlr'fIOn
AMOUlJ'P
H3 .8660.2,,600.100
H3 . 8660 . 2 . 600 . 100
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660,,2.600.100
TITLE INSURANCE-CAB 2,316.00
RECORDING FEE-CABERON 200.00
EASEMENT COPY-CABERON 75.00
FRANCHISE REPORT-CABER 25.00
ADD'L TAX SEARCH-CABER 30.00
.
TOTAL
2,646.00
.
'-..
./
TOWN OF SOUTHOLD . SOUTHOLD, NY 11971.0959
.
.
.
----~- '
_~,<",,_-_,'.O:,"._;
R
E
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R
D
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D
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.
111111I11111 1111I1111I11111 11111 111111111111111111I1111
111111I111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrwnent: EASEMENT /DOP
Number of Pages: 15
Receipt Number : 06-0081894
TRANSFER TAX NUMBER: 06-02584
Recorded:
At:
08/21/2006
12:34:35 PM
LIBER:
PAGE:
000012465
493
District:
1000
ad Amount:
Section:
109.00
EXAMINED AND
$551,540.00
Block:
05.00
CHARGED AS
Lot:
016.002
FOLLOWS
Received the Following Fees For
Page/Filing
COE
TP-584
Cert.Copies
SCTM
Comm.Pres
$45.00
$5.00
$5.00
$9.75
$0.00
$0.00
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Transfer tax
NO
$5.00
$15.00
$0.00
$70.00
$0.00
Exempt
NO
NO
NO
NO
NO
Fees Paid
$154.75
TRANSFER TAX NUMBER: 06-02584
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
(5)~~~~\'!7~rm
m1 SEP 3. q 2006 l.W
.
DEPl Of lAND
PRESERVATION
.
/
/
.
.
2
Number of]J<1gcs
TORRENS
Seri<ll If
,
Certificate #
Prior Of. II
Deed I Mortgage IJlSlrlll!lell{
Deed / Mortgllge Tax Stamp
FEES
l'ilJ'.C / FiJilli~ Fec
'6
6
:-)
llillldlillg
TI'-58'1
Notation
fA-52 ]7 (County)
5~
---
Sub Tolal
fA-52!? (State)
KPTSA
1D~
Cotnm.ofEd.
50_0_.
AlJid"Y )
C"tilicd Col'J,~~
neg. Copy
Other
CJ2Y
---?{=-
Re<l] Property Tnx Service Agency VerificatioJ]
ni~1 <:"_-";F... n I~~'
1000 10900 0500 016002
Stamp 1000 10900 0500 016003
1000 10900 0600 015000
Date )
Inilials ~F-.
SatisfactiOlls/Dischluges/Relcases List Property Owners Mailing AJJress
RECORD & RETURN TO:
Town of Southold
cut.' f1-e[~ ~.5/Lu
L~( PAL~~
'!80 q b i2v-~ J.?)
pJ 0 .;Jry /I 7 0;
StLvCttu'-L,( //17/
, "15
Suffolk Count Recordin
R
RECORDED
2006 Aug 21 12E;4~35 PM
Judi t.h R: 'P.3sGde
CLERK OF
SUFFOLK COUNT'/
L 000012465
F' 4'33
[J T # 06-025:34
Recording / Filing Stamps
M(lrlf_'.ill~e AIlII
I. BasicTnx
2. ^ddiUul1al Tax
Sub Talal
Spec.lAssit.
0,
Spec./Add.
TOT. MTG. TAX
DlIal Towll~Dllill COlllJly~
. 11,ld r~, APpo,tio,mty_ on-+-
fmnsfer fax OJ-P. tr1 ~
Mal1siOll Tax ___ ~
The propelty covered by Ihis IJlUrtgagc is or
will be iJl\proveu by a one or two family
dwelling only.
YES or NO
If NO, see approprinte lax ci~~ page H
~ofthisinslrull1el1t. 8.,~-'I-O
C0I11Jl1uuily Preservalion Fund
COlIsidcnllioll Amounl $ D
CPF Tnx Due
$
Improved /
Vacant Land
TO
TO
TO
/(J
.
Tille COlII(lal/Y Il/foJ'll/aliOI/
Co. Name
~~_._~--------"-._-----
'nus page forms part of the attached
& Endorsement Pa e
--Gr..!l'" f_{Jf t~nSeVrl4t,"" E;,seme... t . m,de by
(SPECIFY TYPE OF INSTRUMENr)
r.;c)hprnlL.E1:o.p.prt-i "'" Tnr
'llle prelllise~ Ilcrein is situated in
SUFFOLK C:OUNIY. NEW YORK
--~-.
--_._--~------
TO
Town of Southald
In the Township of Southold
In the VILLACJE
or IIMILET 01
Cutchogue
IIOXES 5 TIlRU 9 tv!USIIW I YI'ED OR PRINTED IN BLACK INK Of" Y I'I(lOI( TU W:C'OHlliNC: nil '''" "".
GRANT OF CONSERV ATlON EASEMENT
.
Between
CABERON PROPERTIES, INe. And
THE TOWN OF SOUTHOLD
. (Sf
THIS INDENTURE made thIs ~ day of ~rust L2006, between CABERON
7' <t:i;.o!'$
PROPERTIES, INC, located at Cedars Golf Club, . . Bel[ 'tA~, Cutchogue, NY 11935,
hereinafter referred to as llGrantortl, and TOWN OF SOUTHOLD, a municipal corporation with
offices at 54375 State Road 25, Southold, New York 11971, hereinafter referred to as "Grantee".
WITNESSETH:
.
WHEREAS, Grantor is the owner in fee simple of certain real property located at 450
Cedars Road and 765 Case's Lane, Cutchogue, New York, Town of South old, County of Suffolk
and State of New York" mSJS paRiel:llarl:,' 88l:iRaeEl ami a.e3E.lleea an Se.hodtilo "A n, aBBS}(Sd.
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WHEREAS, portions of Entire Parcel, consisting of approximately 12.80 acres, and more
particularly bounded and described on Schedule ''1>:,', annexed hereto and made a part hereof and
as shown on the survey prepared by Petonic. SIAX~S , dated the 2P;"'- day of
Dcc.en1lxr- , 2005, loot '- is." tbe ~ ~ ,~, a copy
of which is annexed hereto and made a part hereof consisting of the parcel containing
approximately 12.80 acres, hereinafter referred to as "Protected Parcel", has open space,
agricultural as well as public recreational value and significance; and
WHEREAS, Grantee is a municipal corporation incorporated under the laws of the State
of New York, and one of the purposes of said Grantee is to promote conservation of land for
open space, agricultural and public recreational opportunities; and
WHEREAS, the Protected Parcel has substantial value as a scenic, public recreational
resource specifically as a pre-existing nonconforming golf course located in the AC and R-40
Zoning districts; and
WHEREAS, conservation of the Protected Parcel will yield a significant public benefit
by promoting public outdoor recreational enjoyment and opportunities within the Town; and
WHEREAS, conservation of the Protected Parcel may also provide a significant public
benefit should the public recreational use be tenninated and the Protected Parcel be used for
agricultural purposes; and
WHEREAS, the conservation of the Protected Parcel is pursuant to Town agricultural,
conservation and public recreational policy; and
WHEREAS, Grantor and Grantee recognize the public recreational value and potential
agricultural character of the Protected Parcel and have the common purpose of conserving open
space, agricultural and public recreational values of the Protected Parcel by the conveyance to
the Grantee of a Conservation Easement on, over and across the Protected Parcel which shall
conserve the public recreational value of the Protected Parcel, conserve the use of the Protected
Parcel for public recreational or agricultural purposes and prohibit the development of the
Protected Parcel for any other purpose but recreational use or potential agricultural use, except as
provided in this Easement, in perpetuity; and
WHEREAS, Grantor grants this Easement with the unanimous consent of its
stockholders or it has been made in the usual course of business,
.
NOW, THEREFORE, in consideration of $551,540.00 and other good and valuable
consideration paid to the Grantor, the Grantor does hereby grant, transfer, bargain, sell and
convey to the Grantee a Conservatio:l Easement, in gross, together with the Right of First
Refusal on the restricted Fee, which shall be binding upon and shall restrict the premises shown
and designated as the Protected Parcel herein, more particularly bounded and described on
Schedule "B" annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Easement, the rights and interests in connection
therewith and as hereinafter set forth, with respect to the Protected Parcel, 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
said Protection Parccl, subject to the limitations, conditions, covenants, agreements, provisions
.
and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and
with respect to said Protection Parcel.
The Grantor, for themselves, and for and, on behalf of their legal representatives,
successors and assigns, hereby covenants and ag;ees as follows:
ARTICLE ONE
THE EASEMENT
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1.01 Tvoe: This Indenture conveys a Conservation Easement. This Easement shall consist of the
limitations, conditions, covenants, agreements, provisions and use res'trictions recited in this
indenture. Reference to this Easement or its "provisions" in this indenture shall include any and
all of those limitations, conditions, covenants, agreements, provisions and use restrictions. This
Easement is to protect the recreational value of the existing public golf course and its aesthetic
and open space values. The Protected Parcel may not be used for any other use except that the
Grantor may use the parcel for its present use as a public golf course and for other permitted
public outdoor recreational purposes or agricultural purposes as defined herein.
1.02. Duration: The Grantee hereby accepts the foregoing grant of Easement and the parties
hereto each agree that the limitations, conditions, covenants, agreements, provisions and use
restrictions herein set forth shall, in all respects upon the recording of this instrument by the
parties hereto, be immediately binding upon the Grantor, and its successors and assigns, and
same shall benefit the Grantee its successors and assigns, and that the burdens of said
Conservation Easement are perpetual and shall run with the land.
.
1.03 Effect: The covenants, limitations, conditions, covenants, agreements, provisions ppd use
restrictions of this Easement shall run with the Protected Parcel as an incorporeal interest in the
Protected Parcel, and shall bind the successors and assigns of each of the parties respectively.
This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants,
representatives, successors and assigns. Any rights, obligations, and interests herein granted to
Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such
following successor and assign, and the word "Grantee" when used herein shall include all of
those persons or entities.
ARTICLE TWO
DEFINITIONS
2.01 Develonment Rights - shall mean the permanent legal interest and right to prohibit or
restrict the use of the Protected Parcel for anything other than those uses set forth herein.
2.02 Arncultural Use - use of the Protected Parcel for agricultural production 'as that term is
presently referenced in Section 247 of the General Municipal code and/or as defined in Chapter
25 of the Town Code of the Town of Southold.
2.03 Structure - anything constructed or erected on or under the ground or upon another
structure or building, including berms, driveways or walkways.
2.04 Public Recreational Use- use of the Protected Parcel for public outdoor recreational uses by
the residents of the Town of Southold including but not limited to, golfing and passive
recreational uses.
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 Protected Parcel:
3.01 DUl11Ding: There shall be no dumping of ashes, trash, garbage or other unsightly or
offensive material, hazardous substance or toxic waste nor any placement of underground
.
storage tanks in, on or under the Protected Parcel; there shall be no changing of the topography
through the placing of soil or other substance or material such as land fill or dredging spoils, nor
shall activities be conducted on the Protected Parcel or on adjacent property of the Grantor
which could cause erosion or siltation on the Protected Parcel without prior written approval
from Grantee, specifically the Land Preservation Committee. Nothing herein shall preclude the
disposal of wastes in a properly designed and approved manure storage pit.
3.02 Vehicles: There shall be no operation of snowmobiles, dune buggies, motorcycles, all-
terrain vehicles or other recreational vehicles on the Protected Parcel. The use of golf carts and
maintenance vehicles for purposes of golf course use and maintenance shall be permitted.
3.03 Buildings and Structures: The construction or placement of buildings or structures of any
kind or nature (including, but not limited to, mobile homes), permanent or temporary, on, over or
under the Protected Parcel shall be prohibited, except as provided under Section 4.04 herein, for
permitted public recreation uses. Other structures and improvements, including, but not limited
to driveways, trails, fences and drainage structures as permitted in Section 4.04 hereof, shall not
be erected on, over, or under the Protected Parcel without the prior written consent of the
Grantee, specifically the Land Preservation Committee, as may be required by the Code of the
Town of Southold which may be granted if the structure or improvement does not defeat or
derogate from the purpose of this Easement or other applicable law.
3.04 Excavation and Removal of Materials: The dredging, excavating, mining or filling of the
Protected Parcel shall be prohibited, except as is necessary to permit the public golf course, park
and recreation uses permitted by the Easement There shall be no vegetative or tree clearing,
except as is necessary for the park and public recreation uses or agricultural uses as permitted by
this Easement. Nothing herein shall preclude Grantor from performing those activities that are
necessary and customary to golf course construction and/or maintenance, including changes in
the topography as necessary to facilitate the use of the pre-existing public golf course, control
and soil conservation, or any excavation or filling necessary for the erection of permitted
structures pursuant to Sections 4.04.
.
3.05 SubdivisionlPartial Lease: No subdivision or partitioning of the Protected Parcel shall be
pemli tted.
3 06 SIlfiS' The display of signs, billboards, or advertisements on the Protected Parcel shall be
prohibited, except signs whose placement, number, and design do not significantly diminish the
scenic character ofthe Protected Parcel and only for the following purposes: a) to state the name
of the Protected Parcel and the names and addresses of the occupants, b) to advertise the use for
which Grantor is permitted to utilize the Property for, c) temporarily to advertise the Protected
Parcel or any portion thereof for sale or rent (subject to and in accordance with applicable
provisions of the Code of the Town of Southold), d) to post the Protected Parcel to control
unauthorized entry or use, e) to provide informational, directional and safety signs directly
related to the permitted public recreational use and f) to announce the Grantee's easement.
3.07 Utilities: The creation or placement of overhead or underground utility transmission lines,
utility poles, wires, pipes, wells or drainage and septic systems on the Protected Parcel shall be
prohibited, except as provided herein.
3.08 Prohibited Uses: The use of the Protected Parcel for any penn anent or temporary,
residential, commercial or industrial use shaU be prohibited. Nothing shall preclude the use of
the Protected Parcel for public recreation uses as pennitted by this Easement.
ARTICLE FOUR
GRANTOR'S RIGHTS
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4.01 Ownership: Subject to this Easement, Grantor shall retain all other customary rights of
ownership in the Property, including those particularly described in this Article herein.
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 Protected Parcel for public recreation uses or
agricultural uses and in any manner and for any purpose consistent with and not prohibited by
this Easement, as well as applicable laws of the Town of Southold, County of Suffolk, State of
New Yark and Federal Government, and which would rot defeat or derogate from the purposes
of this Easement.
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4.04 Structures and Improvements
A. Allowable Imorovements: Grantor shall only have the right to erect and maintain
structures and improvements for recreational uses only on the Protected Parcel as
specified below and which are specifically permitted in the applicable zoning district as
set forth in the Southold Town Code and permitted by the Easement, provided Grantor
has received the prior written consent of the Grantee, specifically the Land Preservation
Committee, as same may be required by the Code of the Town of Southold, which may
be granted if the structure or improvement does not defeat or derogate from the purpose
of this Easement or other applicable laws. Said structures and improvements include:
(i)
Recreational structures permitted by the Code of the Town of South old; and
(iii)
(iv)
Access drives, and paths to provide access to the improvements and uses
permitted herein; and
Fences; and
Underground facilities normally used in connection with supplying utilities,
removing sanitary sewage effluent, and controlling storm ',vater runoff from the
improvements permitted hereunder; and
Irrigation systems.
Maintain existing storage facility located in the Protected Parcel
(ii)
(v)
(vi)
.
B. Reolacement of imorovements: In the event of damage resulting from casualty loss to
an extent rendering repair of an existing improvements impractical, erection of a
structure of comparable size, bulk, use, and general design to the damaged structure shall
be permitted in kind and within the same location subject to the review and written
approval of Grantee, specifically the Land Preservation Committee.
C. Amicultural Structures: Agricultural structures are prohibited.
4.05 Parcel Documentation: Reports, photographs, maps and scientific documentation
possessed (at present or in the future) by the Grantee shall be made available on any reasonable
request of the Grantor, his successors and assigns, and which more particularly may include, but
are not limited to, the following described items:
A. The appropriate survey maps from the United States Geological Survey, showing
the property lines and other contiguous or nearby protected areas;
B. Map of the area drawn to scale showing all existing man-made improvements or
incursions (such as roads, buildings, fences or gravel pits), vegetation and
identification of flora and fauna (including, for example, rare species locations,
animal breeding and roosting areas, and migration routes), land use history
(including present uses and recent past disturbances), and distinct natural features
(such as large trees and aquatic areas);
C. Aerial photographs of the Protected Parcel at an appropriate scale taken as close
as possible to the date of transfer;
D. On-site photographs taken at appropriate locations on the Protected Parcel;
E. Easement documentation reports including, among other things, an owner
acknowledgement of condition, background infonnation, legal information,
ecological features infonnation, and land-use and man-made features information.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
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5.01 Grantor' Warranty; Grantor warrants and represents to the Grantee that Grantor is the
owner of the Protccted Parcel described in Schedule llB", free of any mortgages or liens and
possesses the right to grant the development rights to Grantee.
.
5.02 Taxes and Assessments: The Grantor, for himself, his successors and assigns, agrees to
pay any real estate taxes and other assessments levied by competent authorities on the Protected
Parcel and to relieve the Grantee from any duty or r~sponsibility to maintain the Protected
Parcel. If the Grantor, his successors or assigns, becomes delinquent in payment of said taxes
and assessments, such that a lien against the Protected Parcel occurs, the Grantee, upon twenty
(20) days written notice to the Grantor, at its option, shall have the right to pay and/or redeem the
Protected Parcel from the tax sale by paying funds to discharge said lien or delinquent taxes or
assessments, or to take other actions as may be necessary to protect the Grantee's interest in the
Protected Parcel and to assure the continued enforceability of this Conservation Easement and
upon such payment of funds to purchase and acquire the Grantor's or his successors' or assigns'
interest in said Protected Parcel. This right shall not affect the right of the Grantor, his
successors or assigns, to redeem said property from any tax sale in accordance with applicable
statutes.
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5.03 Alimal Mowing and Maintenance Requirement In the event Grantor converts the
Protected parcel from the public recreation use to agricultural uses and seeks to leave the
Protected Parcel open and fallow, then Grantor hereby agrees to mow and maintain the Protected
Parcel as necessary in order that said property may be used for recreational activity. In the event
Grantor fails to comply with the provisions of this section after reasonable notice is given to
Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents
are hereby authorized to enter upon the Protected Parcel to perform such mowing and
maintenance and any costs associated with said mowing shall be paid by the Grantor.
.
5.04 Indemnification: Grantor shall indenmify and hold Grantee han11less from aJ;ly charges
or liens imposed upon Grantee arising from the physical maintenance and upkeep of the
Protected Parcel or from any taxes, levies or assessments upon it or resulting from this
Easement, all of which shall be considered Grantor' obligations. Grantor shall name Grantee as
an additional insured entity for purposes of comprehensive and fire insurance. In the event that
Grantor incurs additional insurance costs due to adding the Grantee as an additional insured to its
policy, Grantee agrees to reimburse Grantor for said additional costs. Grantee shall name the
Protected Parcel on its general liability insurance policy.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Access: The Grantor hereby grants all development rights fonn the Protected Parcel to the
Grantee. The Grantor shall retain the right of possession and use of the Protected Parcel. The
Grantor shall permit the residents of the Town of Southold public access to the Protected Parcel
to utilize and enjoy the public recreational use provided thereon. Public Access and Use shall be
by mutually agreed upon Rules and Regulation and as amended by mutual agreehlent. Grantor
shall adopt no rOles which limit access to, or which discriminate against Southold Town
residents in any way.
6.02 Arncultural Use: Notwithstanding the provisions set forth in Section 6.01, if the Grantor
chooses to use the Protected Parcel exclusively for agricultural uses, public use and right to enter
the Protected Parcel shall be determined by the Grantor.
.
6.03 Entrv and insoection: The right to enter, by authorized representatives of the Grantee, the
Protected Parcel twice annually for a two (2) day inspection per site visit upon at least twenty
(20) days prior written notice to Grantor at reasonable times mutually agreed upon for the
purposes of (i) inspecting the Protected Parcel to determine if the Grantor, his successors and
assigns, is complying with the covenants and purposes of this grant; (ii) enforcing the terms of
this Conservation Easement; (iii) taking any and all actions with respect to the Protected Parcel
as may be necessary or appropriate, pursuant to an order of a court of competent jurisdiction, to
remedy or abate violations hereof; (iv) monitoring the condition of the aquifer and its relalion to
potable drinking water; (v) observing and studying nature and making scientific and educational
observations and studies and taking samples in such a manner as will not dislurb the quiet
enjoyment of the Protected Parcel by the Grantor, his successors or assigns; and (vi) any other
lawful purpose for which is embodied in this easement.
.
6.04 Restoration: Grantee shall have the right to require the Grantor to restore the Protected
Parcel to the condition required by this Easement and to enforce this right by any action or
proceeding that the Grantee may reasonably deem n~Fessary. However, it is understood and
agreed by the parties hereto that the Grantor shall not be liable for any changes to the Protected
Parcel resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken by the Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to the Protected Parcel
resulting from such 'causes.
.
6.05 Enforcement Rights of Grantee: Grantee, in a reasonable ll1aIUlCr and at reasonable times,
may enforce by proceeding at law or in equity the covenants hereinafter set forth, including but
not limited to, the right to require the restoration of the Protected Parcel to the condition at the
time of this grant. The Grantee, its successors and assigns, does not waive or forfeit the right to
take action as may be necessary to insure compliance with the covenants and purposes of this
grant by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to
institute any enforcement proceedings against the Grantor for any changes to the Protected
Parcel due to causes beyond the Grantor's control, such as changes caused by fire, floods, storms
or the unauthorized wrongful acts of third parties, or pursuant to the Declaration of Intent and
Limitation. In the event that the Grantee becomes aware of an event or circumstances of non-
compliance with the terms and conditions herein set forth, the Grantee shall give notice to the
Grantor, his successors and assigns, as set forth herein, of such event or circumstance of non-
compliance and request corrective action sufficient to abate such event or circumstance of non-
compliance and restore the Protected Parcel to its previous condition. Failure by the Grantee to
cause discontinuance, abatement or such other corrective actions as may be requested by the
Grantee within ninety (90} days after receipt of such notice shall entitle Grantee, at its election,
to: (i) to institute a suit to enjoin or cure such breach, default or violation by temp~rary and/or
permanent injunction, (ii) to entcr 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
Protected Parcel affected by such breach, default or violation to the condition that existed prior
thereto or on the date hereof, or to such condition as is expressly pernlitted hereby or as may be
pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to
seek or enforce such other legal andlor equitable relief or remedies as Grantee deems necessary
or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose
ofthis Easement.
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6.06 No Waiver: Grantee's exercise of any remedy or relief under this Article Seven 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 have the effect of waiving or limiting the use of any
other remedy or relief or the use of such other remedy or relief at any other time.
.
6.07 Assessed ValuationlEffect of Condemnation: The Grantee agrees that while the assessed
valuation placed upon the Protected Parcel, for the purpose of real estate taxation must, to the
extent of the actual reduction of the fair market value of said Protected Parcel by reason of this
Grant of Easement, take into account and be limited by the restrictions and limitations imposed
on the future use of the Property by this Easement, as required under S247(3) of General
Municipal Law, and generally in accordance with valuation principles legally applicable to such
assessments of real Property. Nevertheless, if at any time said Property or any portion thereof,
shall be taken or condemned by eminent domain, by the Grantee or by any other govenunental
body, then the Easement hereby granted shall come to an end and shall tenninate with respect to
saild Property, or portions thereof, so taken or conderrmcd and all rights and interest in said
Property, or portions thereof, so taken or condemned, as hereby granted, shall revert to Grantor,
its successors or assigns, to the effect that as of the time of such taking or condemnation, the
Property, or portion thereof, so taken or condemned, shall not be subject to the restrictions and
limitations of said Easement. In such event, neither the Grantor nor its successors or assigns
shall be required to pay any penalties, but the value of said Property (including for purposes of
computation of severance damages, if any, those parts thereof not taken or condemned) shall
reflect the limitations of this Easement, and any condemnation awards payable to the Grantor
shall he in proportion to the value attributable to the residual agricultural value and 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. Any portion of the
condemnation award payable to the Grantee shall be deposited in a Trust and Agency Account of
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the Grantee, pursuant to 936 of the General Municipal Law, to be used exclusively for the
purpose of acquiring land or interests or rights in land for conservation and open space purposes,
including agricultural and recreational uses.
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6.08 Alienation: No Property rights acquired by the Grantee hereunder shall be alienated except
upon the adoption of a local law authorizing the alienation of said rights and interest, by a
majority plus one vote of the Town Board of the Town of Southold, following a public hearing
and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold with
an affirmative two~thirds vote, as provided by Chapter 6 and Chapter 59 of the Code of the Town
of Southold. No subsequent amendment of the provisions of said 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.
ARTICLE SEVEN
PUBLIC ACCESS
7.0 I Public Recreational Use: Grantor and Grantee agree that the Protected Property remain, in
perpetuity, accessible to the residents of the Town of South old so long as the Protected Property
is used for recreational uses as set forth herein.
7.02 Fee and Operations Schedule: The Grantor shall be permitted to establish a differential fee
and operations schedule. Said fee or schedule for recreational services shall favor Town of
Southold residents, or at a minimum, shall not favor any non-resident ofthe Town of South old.
ARTICLE EIGHT
MISCELLANEOUS
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8.01 Entire Understanding: This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties concerning its subject
matter shall be merged into this Easement and superseded by it.
8.02 Subsequent Deeds: The Grantor agrees that the terms, conditions, restrictions and purposes
of this Conservation Agreement shall be inserted in any subsequent deed or other legal
instrument by which the Grantor divests himself of either the fee simple title or his possessory
interest in the Protected Property.
8.03 Amendment: Except a,s provided herein, this Easement can be terminated or modified only
in accordance with the cOrrlmon and statutory law of the State of New York applicable to the
termination and modification of easements and covenants running with the land. Grantor and
Grantee recognize that circumstances could arise which would justify the modification of certain
of the restrictions contained in this Easement. Where such modifications do not alienate any
Property rights acquired by Grantee herein, the parties may seek to modify and amend this
Easement following a public hearing with due notice and an affirmative resolution of the Town
Board, by a majority plus one vote.
8.04 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, which is determined to be
invalid or unenforceable by a court shall be severed from the other provisions, which shall
remain enforceable and effective.
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8.05 Notice All notices required by the Easement must be written. Notices shall be given either
by manual delivery or by mailing in a mail receptacle maintained by the United States Postal
Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked
for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and
with return receipt 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 9.04. Mailed notice to Grantee shall be addressed to its principal office, recited
herein, marked for the attention of the Town Supervisor and the Land Preservation Coordinator,
or to such other address as Grantee may designate by notice in accordance with this Section 9.04.
.
Notice shall be deemed given and received as of the date of its manual delivery or the date of its
mailing.
8.06 Governing Law: New York law applicable to deeds and conservation easements pertaining
to land located within New Yark shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
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8.07 Intemretation: Regardless of any contrary rule of construction, no provision of this
Easement shall be c'onstrued 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 the provision i~valid, then that provision
shall be given such interpretation as would render it valid and be consistent with the purposes of
this Easement as intended hy Grantor. Any rule of strict construction designed to limit the
breach of the restrictions 011 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 Grantor. The parties intended that this Easement,
which is by nature and character primarily negative in that Grantor has restricted and limited its
right to use the Property, except as othelwise recited herein, be construed at all times and by all
parties to effectuate its purposes.
8.08 Warranties: The warranties and representation made by the parties in this Easement shall
survive its execution.
8.09 Recording: Grantee shall record this Easement in the land records of the Office of the
Clerk of the County of Suffolk, State of New York. "
8.10 Headings: The hearings, title and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
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IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted
and received this Easement on the day and year set forth above. This contract has been
duly executed by the parties hereto.
SELLER: CABERON PROPERTIES, INC.
BY#~~
-...J N eN N ,sON , PRESIDENT
Attorney for Sellers: William C. Goggins, Esq.
Address: 13105 Main. Road
P.O. Box 65
Mattituck, New York
Tel.: 631-298-4200
Fax: 631-298-4214
PURCHASER: TOWN OF SOUTHOLD
By: / ~
~<LL/..<>v/.-t/
SCOTT RUSSELL, SUPERVISOR
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Attorney for Purchaser: Mary C. Wilson, Esq.
Address: P.O. Box 729
Quogue, New York 11959
Tel.: 631-653-1443
Fax: 631-283-7112
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State of New York )
County of Suffolk ) ss:
/
-1./ J)<>-v or /I'1J"sf / 2.82'0
On 11/ ~ I. J 7\ before me, the undersigned,
persouallyappeared ()ihJ JEfft/ Jj 150Al ,personally known to me or approved
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 and that by
his signature on the instrument, the individual or the person upon behalf of wh' e individual
acted, executed the instrument.
State of New York)
County of Suffolk ) ss:
ANDREA RIVE
Notary Public, State of New York
NO, 01 RI4768970
Quallfltd In Sulfolk County ~ '"
ClOP\'lP\'lI~.lon expires 11/30120-"-,,,
On 01 $( 1'4-/1 0 r frV{5> us. f-, 'laD fa
d../ I {/ before me, the undersigned,
personally appeared ffC<:rr.,--.4- 'ZfJSSFLJ...- , personally known to me or approved
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 and that by
his signature on the instrument, the individual or the person upon behalf of which the indivi,4.ual
acted, executed the instrument.
.
ANDREA RiVE
Notary Public, State of New York
No. 01 Ri4768970
Qualified in Suffoik County
Commission Expires 11/30/20:...Q,k
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Stewart Title Insurance Company
Title No: 8T -8-7231
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Schedule A Description
(AS TO DISTRlCT 1000, SECTION 109.00, BLOCK 06.00 AND LOT 015.000)
ALL that certain plot, piece or parcel of land, lying and being in the Hamlet of
Cutchogue, Town of South old, County of Suffolk and State of New York and being bounded and
described as follows:
BEGINNING at a point in the Northerly line of Cedars Road which point is South 89
degrees 20 minutes 40 seconds East, 250.00 feet from the intersection of the Northerly line of
Cedars Road and the Easterly line of Cases Lane, and from said point of beginning; ',.
.
THENCE the following Two (2) courses and distances along lands now or formerly of
Dennison:
1) North 13 degrees 54 minutes 10 seconds West, 200.15 feet;
2) North 51 degrees 59 minutes 30 seconds West, 160.47 feet to the Westerly side of Case's
Lane;
THENCE along the Westerly side of Case's Lane the following Two (2) courses and
distances:
1) North 9 degrees 07 minutes 00 seconds East, 464.15 feet;
2) North 2 degrees 37 minutes 00 seconds West, 176.33 feet;
RUNNING THENCE North 69 degrees 31 minutes 30 seconds East, 72.24 feet to lands
now or formerly of Case;
THENCE along said lands the following Two (2) courses and distances:
1) South 38 degrees 27 minutes 20 seconds East, 204.74 feet;
2) South 68 degrees 12 minutes 40 seconds East, 190.17 feet;
RUNNING THENCE South 9 degrees 53 minutes 20 seconds East, 373.95 feet (deed),
(South 9 degrees 42 minutes 10 seconds East, 374.00 feet actual);
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THENCE South 77 degrees 53 minutes 30 seconds West 85.97 feet;
THENCE South 9 degrees 53 minutes 20 seconds East, 112.72 feet to other lands now
or formerly of case;
THENCE along said lands South 80 degrees 06 minutes 40 seconds West, 69.85 feet;
,.
THENCE still along said last mentioned lands, South 9 degrees 19 minutes 30 seconds
East, 198.76 feet (deed), (198.85 feet actual) to the Northerly side of Cedars Road;
/
THENCE along the Northerly side of Cedars Road the following Two (2) courses and
distances:
I) South 73 degrees 39 minutes 50 seconds West, 64.54 feet (deed), (63.32 feet actual);
2) North 89 degrees 20 minutes 40 seconds West, 163.54 feet to the to the point or place of
BEGINNING.
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(AS TO DISTRICT 1000, SECTION 109.00, BLOCK 05.00, PART OF LOT 016.001)
ALL that certain plot, piece or parcel of land lying, and being in the Hamlet of
Cutchogue, Town of South old, County of Suffolk and State of New York and being bounded and
described as follows:
/
BEGINNING at the corner formed by the intersection of the Easterly side of Case's Lane
extension and the Southerly side of Pathway distant the following Two (2) courses:
I) South 74 degrees 57 minutes 30 seconds East, 100.00 feet;
2) South 89 degrees 20 minutes 40 seconds East, 124.36 feet to the true point of beginning;
RUNNING THENCE along the Southerly side of Cedars Road, South 89 degrees 20
minutes 40 seconds East, 359.73 feet (deed), 360.37 feet actual to a monument and lands now or
formerly of Schiller;
THENCE along said last mentioned lands and lands now or formerly of Ray, South 4
degrees 06 minutes 50 seconds East, 359.46 feet to lands now or formerly of Searl and Wickham
and the County of Suffolk;
i>,
THENCE along said last mentioned lands the following Four (4) courses and distances:
.
1) South 52 degrees 41 minutes 40 seconds West, 130.00 feet;
2) South 45 degrees 21 minutes 56 seconds West, 111.12 feet;
3) South 50 degrees 26 minutes 42 seconds West, 125.40 feet;
4) South 62 degrees 40 minutes 20 seconds West 108.97 feet to lands now or formerly of
Heffernan;
THENCE along said last mentioned land the following Two (2) courses and distances:
1) North 36 degrees 52 minutes 20 seconds West, 96.77 feet;
2) North 55 degrees 07 minutes 20 seconds West, 153.32 feet to the Westerly part oflot
016.001 and the "Reserved Area";
THENCE RUNNING through lot 016.001, North 15 degrees 02 minutes 30 seconds
East, 257.92 feet to land now or formerly of Horn;
THENCE along said last mentioned land, South 80 degrees 05 minutes 30 seconds East,
45.25 feet;
THENCE still along said land and land now or formerly of Hubbert, North 14 degrees
.
.
21 minutes 00 seconds East, 250.95 feet (deed), (250.85 feet actual) to the Southerly side of
Cedars road and the to the point or place of BEGINNING.
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(RESERVED AREA DESCRIPTION:)
ALL that certain plot, piece or parcel of land lying, and being at Cutchogue, Town of
Southold, County of Suffolk and State of New York being bounded and described as follows:
BEGINNING at a pipe situated at the Southwesterly comer ofthe premises about to be
described and from said point of beginning;
RUNNING THENCE along the Easterly side of Case's Lane Extension, North 15
degrees 02 minutes 30 seconds East, 260.00 feet (deed) (257.92 feet actual);
THENCE South 80 degrees 05 minutes 30 seconds East, 179.75 feet;
THENCE through lot 016.001, South 15 degrees 02 minutes 30 seconds West, 257.92
feet to land now or formerly of Heffernan;
THENCE along said lands, north 80 degrees 05 minutes 30 seconds West, 179.75 feet to
the above mentioned pipe, the Easterly side of Case's Lane Extension and the to the point or
place of BEGINNING. ..
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TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in thc street in front of and adjoining said premises.
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ALTA OWNER'S POLICY - 10-17-92
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POLICY OF TITLE INSURANCE ISSUED BY
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STE"\VART TITLE@
INSURANCE COMPANY
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEOULE 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:
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INSURANCE COMPANY
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1 ~ W EXCLUSIONS FROM COVERAGE
The lollowing mom,rs ore expressly excluded from the coveroge of this policy ond the Compony will not pay loss or damage, cos~, onorneys' fees or expenses which orise by reason
of ---..
1. (0) Any low, ordinance or governmental regulation (including but not limited to building ond zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occuponcy, use, or enjoyment 01 the land; (ii) the chorader, dimensions or locotion 01 any improvement now or hereafter erected on the land; (iii) a separotion in
ownership or [J chonge in the dimensions or area of the land or any parcel of which the lond is or was a port; or {iv} environmental protection, or the effect of any violation of these
lows, ordinances or governmentallegulations, except to the extent that a notice of the enforcement thereof Of a notice of a defect, lien Of encumbrance resulting from 0 violation or
alleged violation affecting the land has been recarded in the rublicrec ards ot Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice 01 the exercise thereolor a noticeolodelect, lien orenrumbrance resulting
from 0 violotion or alleged violation affecting the land has been recorded in the public recards ot Dote 01 Policy.
2. Rights 01 eminent domain unless notice 01 the exercise thereof has been recorded in the public recards at Date 01 Policy, but not excluding hom coverage any taking which has
acrurred priarta Date 01 Palicywhich would be binding on the rights ofa purchaser lor value without knowledge.
3. Defects,liens,encumbrances,adverseclaimsorothermotters:
(0) created, suffered, assumed or agreed to by the insured c1aimanl;
(b) not known to the Company, not recolded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior 10 the date the insured claimant become an insure d under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) anaching ar created subsequent to Date 01 Policy; or
(e) resulting In loss ar damage which would not have been sustained il the insured claimant had paid value lor the estate ar interest insured by this policy.
4. Any c10im which arises aul 01 the transadian vesting in the Insured the estate or interest insured by this policy, by reason 01 the operation of lederal bonkruptcy, slate
insolvency, arsimilarcreditars' rights laws, thotis bosed on
(a) the transactIOn creoting the estate ar interest insured bythispolicyb eingdeemedalraudulentconveyanceorlraudulenttransler;or
(b) the transaction creating the estate ar interest insured by this policy being deemed a prelerential transler except where the preferential transler resultslramlhelailure:
(i) totimelyrecordtheinstrumentoltransler;or
(ii) 01 such recordation to impart notice too purchaser lor value or a judgment or lien creditor.
.
m~~: 0-8831- 369152
NY-001 (10-17-92)
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Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville New York 11747
Phone: (631) 501-9615 Fax: (631) 501-9623
Title No: ST-S-7231
/
/
Date: July 31,2006
Melanie Doroski
Town of South old - Land Preservation
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
RE: Borrower/Current Owner: Town of South old
Premises: 765 Case's Lane
Cutchogue, New York
. Reference: Approx 13. 7 acres - Cedar Golf Club
In reference with the above captioned transaction, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
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AL T A OWNER'S POLICY
SCHEDULE A
Title No.: ST-S-7231
Policy No,: 0-8831-
Date of Policy: August 1, 2006
Amount of Insurance: $551,540,00
1. Name ofInsured:
County: Suffolk
Town of South old
2. The estate or interest in the land described herein and which is covered by this policy is:
Easement
3. Title to the estate or interest in the land is vested in:
The Town of Southhold who acquired Grant of Development Rights Easement by virtue of a deed of
conservation easement from Caberon Properties, Inc., by deed dated 8/1/2006 and to be recorded in the
Suffolk County Clerk'sIRegister's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000
Section: 109.00
Block: 05.00
Lot: plo 16.1,
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
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RightFax
8/10/2006 11:06:17 AM
PAGE 004/008
Fax Server
Stewart Title Insurance Company
Title No: S1'-S-7231
Schedule A Description
(AS TO DISTRICT 1000, SECTION 109.00, BLOCK 06.00 AND LOT 015.000)
ALL that certain plot, piece or parcel of land, lying and being in the Hamlet of
Cutchogue, Town of Southold, County of Suffolk and State of New York and being bounded and
described as follows:
BEGINNING at a point in the Northerly line of Cedars Road which point is South 89
degrees 20 minutes 40 seconds East, 250.00 feet from the intersection of the Northerly line of
Cedars Road and the Easterly line of Cases Lane, and from said point of beginning;
THENCE the following Two (2) courses and distances along lands now or formerly of
Dennison:
1) North 13 degrees 54 minutes 10 seconds West, 200.15 feet;
2) North 51 degrees 59 minutes 30 seconds West, 160.47 feet to the Westerly side of Case's
Lane;
THENCE along the Westerly side of Case's Lane the following Two (2) courses and
distances:
l) North 9 degrees 07 minutes 00 seconds East, 464.15 feet;
2) North 2 degrees 37 minutes 00 seconds West, 176.33 feet;
RUNNING THENCE North 69 degrees 31 minutes 30 seconds East, 72.24 feet to lands
now or formerly of Case;
THENCE along said lands the following Two (2) courses and distances:
l) South 38 degrees 27 minutes 20 seconds East, 204.74 feet;
2) South 68 degrees 12 minutes 40 seconds East, 190.l7 feet;
RUNNING THENCE South 9 degrees 53 minutes 20 seconds East, 373.95 feet (deed),
(South 9 degrees 42 minutes 10 seconds East, 374.00 feet actual);
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RightFax
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PAGE 005/008
Fax Server
THENCE South 77 degrees 53 minutes 30 seconds West 85.97 feet;
THENCE South 9 degrees 53 minutes 20 seconds East. 112.72 feet to other lands now
or formerly of case;
THENCE along said lands South 80 degrees 06 minutes 40 seconds West, 69.85 feet;
THENCE still along said last mentioned lands, South 9 degrees 19 minutes 30 seconds
East, 198.76 feet (deed), (198.85 feet actual) to the Northerly side of Cedars Road;
THENCE along the Northerly side of Cedars Road the following Two (2) courses and
distances:
I) South 73 degrees 39 minutes 50 seconds West, 64.54 feet (deed), (63.32 feet actual);
2) North 89 degrees 20 minutes 40 seconds West, 163.54 feet to the to the point or place of
BEGINNING.
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RightFax
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PAGE 006/008
Fax Server
(AS TO DISTRICT 1000, SECTION 109.00, BLOCK 05.00, PART OF LOT 016.001)
ALL that certain plot, piece or parcel of land lying, and being in the Hamlet of
Cutchogue, Town of Southold, County of Suffolk and State of New York and being bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the Easterly side of Case's Lane
extension and the Southerly side of Pathway distant the following Two (2) courses:
I) South 74 degrees 57 minutes 30 seconds East, 100.00 feet;
2) South 89 degrees 20 minutes 40 seconds East, 124.36 feet to the true point of beginning;
RUNNING mENCE along the Southerly side of Cedars Road, South 89 degrees 20
minutes 40 seconds East, 359.73 feet (deed), 360.37 feet actual to a monument and lands now or
formerly of Schiller;
THENCE along said last mentioned lands and lands now or formerly of Ray, South 4
degrees 06 minutes 50 seconds East, 359.46 feet to lands now or formerly of Searl and Wickham
and the County of Suffolk;
THENCE along said last mentioned lands the following Four (4) courses and distances:
1) South 52 degrees 41 minutes 40 seconds West, 130.00 feet;
2) South 45 degrees 21 minutes 56 seconds West, 111.12 feet;
3) South 50 degrees 26 minutes 42 seconds West, 125.40 feet;
4) South 62 degrees 40 minutes 20 seconds West 108.97 feet to lands now or formerly of
Heffernan;
THENCE along said last mentioned land the following Two (2) courses and distances:
I) North 36 degrees 52 minutes 20 seconds West, 96.77 feet;
2) North 55 degrees 07 minutes 20 seconds West, 153.32 feet to the Westerly part oflot
016.001 and the "Reserved Area";
THENCE RUNNING through lot 016.001, North 15 degrees 02 minutes 30 seconds
East, 257.92 feet to land now or formerly of Horn;
THENCE along said last mentioned land, South 80 degrees 05 minutes 30 seconds East,
45.25 feet;
THENCE still along said land and land now or formerly of Hubbert, North 14 degrees
.
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RightFax
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PAGE 007/008
Fax Server
21 minutes 00 seconds East, 250.95 feet (deed), (250.85 feet actual) to the Southerly side of
Cedars road and the to the point or place of BEGINNING.
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RightFax
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PAGE 008/008
Fax Server
(RESERVED AREA DESCRIPTION:)
ALL that certain plot, piece or parcel of land lying, and being at Cutchogue, Town of
Southold, County of Suffolk and State of New York being bounded and described as follows:
BEGINNING at a pipe situated at the Southwesterly corner of the premises about to be
described and from said point of beginning;
RUNNING THENCE along the Easterly side of Case's Lane Extension, North 15
degrees 02 minutes 30 seconds East, 260.00 feet (deed) (257.92 feet actual);
THENCE South 80 degrees 05 minutes 30 seconds East, 179.75 feet;
THENCE through lot 016.001, South 15 degrees 02 minutes 30 seconds West, 257.92
feet to land now or formerly of Heffernan;
THENCE along said lands, north 80 degrees 05 minutes 30 seconds West, 179.75 feet to
the above mentioned pipe, the Easterly side of Case's Lane Extension and the to the point or
place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
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ALTAOWNER'SPOI.tCY
SCHEDULE B
Title No.: ST -8-7231
Policy No 0-8831-
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees
or expenses) which arise by reason of:
I. Rights oftcnant(s) or person(s) in possession, if any.
2. Subject to water charges, if any.
3. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any.
4. RIPARIAN EXCEPTIONS:
A) No title is insured to any land now under the waters of "West Creek and The Ponds".
B) Subject to the rights of others to navigate the waters of "West Creek and The Ponds".
C) Subject to the riparian rights of others to West Creek and The Ponds".
D) Riparian rights of the owner of the subject premises are not insured.
E) Rights of the governmental authorities to improve navigation and change bulkhead and shorelines
without compensation to upland owners.
5. Policy will except the terms and conditions of the Grant of Development Rights Easement to be ex.ecuted by
the grantor(s) and the Town of South old.
6. Together with the Right of Ways set forth in Liber 5673 Page 277 and Liber 6941 Page 115.
7. As to District 1000, Section 109.00, Block 06.000, Lot 015.000:Survey made by Peconic Surveyors dated
12/28/05 shows subject premises as unimproved vacant land; golf course and woods as shown thereon;
fence varies up to 10.2 feet East along part of Westerly line; fence varies up to 10.4 feet Northeast of
Southwesterly line. Company excepts any changes since the date of the survey used herein.
As to District 1000, Section 109.00, Block 06.00, Part of Lot OI6.001:Survey made by Peconic Surveyors
dated 12/28/05 in which covers premises and mote shows subject premises improved a building; golf
courses, woods, fragmites, ponds, culverts, dock, mean high water, and edge of pavement as shown thereon;
asphalt from reserved area projects East of Westerly line; overhead wires traverse along part of Easterly line
to utility poles at Easterly part of premises; fence varies along part of Southwesterly line; rebar as shown
thereon. Company excepts any changes since the date of the survey used herein.
As to Reserved Area: 1 000/109/06.001Westerly part of Lot 016.001 :Survey made by Peconic Surveyors
dated 12/28/05 in which covers premises and OJ ore shows su~ject premises improved by a frame building
4613 (2/93 Pagc3 S T E WAR T TIT L E
INSURANCE COMPANY
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AI. TA OWNER '8 pooley
with garage under, rebar, edge of pavement, asphalt, concrete, woods, and pump house (below grade) as
shown thereon; fence varies with Southerly line; row of arborvitaes as shown thereon; Belgium block
curbing and asphalt from premises adjacent South varies up to 2.7 feet North along part of Southerly line.
Company excepts any changes since the date of the survey used herein..
4613 (2/93
Page 3
STEWART TITLE
INSURANCE COMPANY
STEWART TITLE
INSURANCE COMPANY
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HEREIN CALLED mE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST-S-7231
ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831-
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 whicb 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, wben 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
August I, 2006
StrTitle Insurance compan/
Slg~~d~ oJ
STEWART TITLE
INSURANCE COMPANY
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Authorized Office or Agent
Stewart Title Insurance Company
125 Baylis Road, Suite 201
Melville, New York 11747
Agent No.: 327005
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STANDARD NEW YORK ENDORSEMENT (9/l!93)
FOR USE WITH ALTA OWNER'S POLICY (10117/92)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this polky mean:
(0) "insured": Ihe insured named in Schedule A, and, subject to any rights or defenses
the Compony would hove hod ogoinsl the nomed insured, those who succeed 10 the interest
. of the named insured by operation of low os distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or
corporoteorfiduciorysuccessors.
(b) "insured claimant": on insured claiming lossordomoge.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice
which moy be imputed to on insured by reoson of the public records os defined in this policy
or onyother records which import constructive notice of matters oHecting th eland.
(d) "Iond": the land described or referred to in Schedule A, and improvements oHixed
thereto which by low constitute reol property. The term "Iond" does not include ony property
beyond the lines of the area described or referred to in Schedule A, nor any righi, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or
woterwoys, but nothing herein sholl modi~ or limit the extenl to which 0 right of occess 10
ond ham the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(n "public records": records established under state stotutes ot Dote 01 Policy for the
purpose of importing constructive noticeofmottersreloting to real property to purchosers for
value and without knowledge. With respect to Section 1 (o)(iv) of the Exclusions From
Coverage, "public records" sholl also include environmental protection liens filed in the
records of the clerk of the United States disllict court for the district in which the land is
locoted.
(g) "unmorketobility of the title": on alleged or opporent matter oHecting the title to
the land, not excluded or excepted from coverage, which would entitle 0 purchoser of the
estote or interest described in Schedule A to be released from the obligation to purchase by
virtueofo controctuol condition requiring the delivery ofmorketoble litle.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
Thecoveroge of this policy sholl continue in force os of Dote of Polic yinfovorofon
insured only so long os the insured retains on estate or inlerest in th e lond,or holds on
indebtedness secured byo purchase money mortgage given byo purchaser from the insured,
. or only so long ostheinsuredsholl hove hobilityby reason of covenonts of warranty mode by
the insured in onytronsferor conveyance of the estate or interest. This policy sholl not
continue in force in favor of any purchaser from the insured of either (i) on estate or interest
in the land, or (ii) on indebtedness secured by 0 purchase money mortgage given to the
insured.
3. NOTICE OF ClAIM TO BE GIVEN BY INSURED ClAIMANT.
The insured sholl noti~theComponyprompllyin writing (i) in cose of any litigation us
setforlh in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder of
any claim of title or interest which is adverse to the title to the estate or interest, os insured,
and which might couse loss or damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest, os insured, is rejected os unmorketoble. If
prompt notice sholl not be given to the Company, then os to the insured 011 liability 01 the
Company sholl terminate with regord to the matter or matters for which prom pi notice is
required; provided, however, that failure to noti~theComponysholl in no cose prejudice the
rights of any insured under this policy unless the Company sholl be prejudiced by the failure
and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF AGlONS; DUTY OF INSURED ClAIMANT TO
COOPERATE.
(0) Upon written request by the insured and subject to the options contained in Section
b of these Conditions and Stipulations, the Compony, ot its own cost ond without
unreosonobledeloy, sholl provide for Ihe defense of on insured in litigotion in which any third
portyosserts 0 claim odverse to Ihetitle or interest os insured, but only os to those stated
cousesoloctionolleging 0 defect, lien or encumbrance or olher matter insured against by this
policy. The Company sholl hove Ihe right to select counsel of its own choice (subiectto the
right of the insured to object for reasonable couse) to represent the in suredastothosestated
couses of action and sholl not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in the defense
of those couses of oct ion which allege matters not insured ogoinstbyth is policy.
. (b) The Company shnll hove the right, at its own cost, to institute and prosecute any
octian or proceeding or to do any other oct which in its opinIOn maybe necessoryor desiroble
toestoblishthetitlelatheestatearlOleresl,aslOsured,ortoprevenlorreducelassor
damage to the insured. lhe Company may toke any oppropriole octian under the terms of
this policy, whelher or nol it sholl be liable hereunder, and sholl not thereby concede liability .
or waive any proVISIOn of this pohcy If the Company sholl exercise il rights under this
poragroph,itshnlldnsodllrgently.
(c) Whenever the Compony sholl hove brought on oction or interposed 0 defense os
required or permitted by the provisions of this policy, the Com pony moy pursue ony litigotion
to finol determinotion byo court of competent jurisdiction ond expressly reserves the right, in
its sole discretion, tooppeolhomonyodversejudgmentororder.
(d) In 011 coses where this policy permits or requires the Company to prosecute or
provide for the defense of ony oction or proceeding, the insured sholl secure to the Compony
the right to so prosecute or provide defense in the oction or proceeding, ondolloppeols
therein, ond permit the Compony to use, ot its option, the nome of the insured for this
purpose. Whenever requested by the Company, the insured,ottheCompony'sexpense,sholl
give the Compony 011 reosonoble oid (i) in ony action or proceeding, securing evidence,
obtainiog witnesses, prosecuting or defending the oction or proceeding, or eHerting
settlement, ood (ii) in ony other lowful oct which in the opinion of the Compony moy be
necessoryordesiroble toestoblish the title to the estote orinteres tosinsured.lfthe
Compony is prejudiced by the foilure of the insured to furnish the required cooperotion, the
Company's obligations to the insured under the policy sholl terminate, including any liobility
or obligotion to defend, prosecute, or continue ony litigation, with regord to the matter or
motters requiring such cooperotion.
5 PROOF OF LOSS OR DAMAGE.
In oddition to ond ofier the notices required under Section 3 of these Conditions ond
Stipulotions hove been provided the Compo ny, 0 proof of loss or domoge signed and sworn to
by the insured c1oimont sholl be furnished to the Compony within 90 doys ofter Ihe insured
claimant sholl oscertoin the facts giving rise to the loss or domoge. The proof of loss or
domoge sholl describe the defect in, or lien or encumbronce on the title, or other motter
insured ogoinst by this policy which constitutes the basis of loss or domoge and sholl state, to
the extent possible, the bosis of colculoting the omount of the loss or domoge. If the
Componyis prejudiced by the foilure of the insured claimant to provide the required proof of
loss or domoge, the Company's obligotions to the insured under the policy sholl terminote,
including any Iiobility or obligotion to defend, prosecute, or continue any litigotion, with
regord to the motteror motters requiring such proof of loss or damage.
In oddition, the insured c1oimont moy reasonably be required to submit to exominotion
under ooth by ony authorized representative of th, Compony ond sholl produce for
exominotion, inspection ond copying, ot such reasonable times and places os moy be
designoted by ony outhorized representative of the Compony, 011 records, books, ledgers,
checks, correspondence ond memo rondo, whether beoring 0 dote before or ofter Dote of
Policy, which reasonobly pertoin to the loss or domoge. Further, if requested by ony
outhorized representotive of the Compo ny, the insured c1oimont sholl gront i~ permission, in
writing, for ony oulhorized representotive of the Company to examine, inspect and copy 011
records, books, ledgers,checks,correspondenceond memo rondo in the custody or control ofo
third porty, which reasonobly pertain to the loss or domage. All informotion designoted os
confidential by the insured c1oimont provided to the Compony pursuoot to this Sedion sholl
not be disclosed to others unless, in the reosonoble judgment of the Compony, it is necessory
in the odministrotion of the c1oim. Foilure of the insured c1oimont to submit for exominotion
under ooth, produce other reosonobly requested informotion or gront permission to secure
reasonably necessary information from third parties as required in this paragraph shall
terminate ony liobilityofthe Company under Ihis policy os to that c10 im.
b OPTIONS TO PAY OR OTHERWISE SIDLE ClAIMS; TERMINATION OF LIABILITY.
In cose of 0 c10im under this policy, the Compony sholl hove the following odditionol
options:
(0) To Poy or Tender Poyment olthe Amount of Insuronee.
To payor tender payment of the amount of insuronce under this policy tog ether with any
costs, ottorneys' fees and expenses incurred by the insured c1oimont, which were outhorized
by the Compo ny, up to the time of poyment or tender of payment ond which the Com pony is
obligotedtopoy.
Upon the exercise by the Compony of this option, ollliobility ond obligotions to the
insured under this policy, other thon to make the poyment required, shollterminote,
iocludingonyliobilityorobligotiontodefend,prosecute,orcontinueony Iitigotioo,ond the
policy sholl be surrendered to the Componyfor concellotion
(b) To Poy or Otherwise Settle With Porties Other thon the Insured or With the
InsuredCloimont.
(i) to poyor otherwise settle with other porties lor or in the nome of on iosured
c1oimont ony c10im insured ogoinst under this policy, together with ony costs, ottorneys' fees
ond expenses incurred by the insured claimant which were authorized by Ihe Company up to
the time olpoyment ond which the Compony rs obligoted to poy; or
(ii) to payor otherwise settle with the insured c1oimont the loss or domoge
:,.1~ded for under this policy, together with any costs, attorneys' fees ond expenses incurred
by the insured c1oimont which were outhorized by the Compony up to the time of poyment
ondwhrchlheComponyisobligotedtopoy
{continued and conr.hu1p.o on 1~$:1 ntlOf! of this; onlir.v\
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
/
Upon the exercise by the Company of either of the options provided for in porogrophl
(b)(i) or (ii), the ComponY'1 obligations to the inlured under thil policy for t\le doimed 10ls or .
damage, other than the payments required to be mode, sholl terminate, induding any
liability or obligation to defend, prolecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
. Thil policy is 0 controd of indemnity ogoinlt oduol monetory lOll or damage sustained
or incurred by the inlured doimont who hOI luffered losl or damage by reolon of moliers
inlured ogoin~bythil policy and only to the extent herein described.
(0) The liability of the Company under thil policy sholl not exceed the lealt of:
(i) the Amount of Insuronce Itoted in Schedule A; or,
(ii) the difference between the value of the inlured estate or interest os insured
and the value of the inlured estate or interelt subject 10 the defect, lien or encumbronce
insured ogoinll by this policy.
(b) In the event the Amount of Inluronce stated in Schedule A 01 the Dote of Policy il
leIs than 80 percent of the value of the inlured estate or interest or Ihe full consideration paid
for the estate or interest, whichever il lesl, or if lubsequent to the Dote of Policy on
improvemenl ilerected on the land which increoseslhe value of the insu redestoteorinlerest
by ollealt 20 percent over the Amount of Insuronce Itoted in Schedule A, then Ihis Policy is
lubiedtothefollowing:
(i) where no subsequent improvement has been mode, os to any portiol loss, the
Company Iholl only pay the losl pro rota in the proportion that the amount of insuronce 01
Dote of Policy beorsto the total value of the insured estole or interest at Dote of Policy; or
(ii) where 0 subsequent improvement has been mode, os to any portiollols, Ihe
Company sholl only pay the lOll pro rota in the proportion that 120 percent of the Amounl of
Inluronce staled in Schedule A beors to the lum 01 the Amount of Inluronce staled in
ScheduleAondtheomountexpendedfortheimprovemenl.
The provisionl of thil porogroph Iholl not apply to costs, oliorneys' feel and expenses for
which the Company is liable under this policy, and Iholl only apply to that portion of any loss
which exceedl, in the aggregate, 10 percent of the Amount of Inluronce stated in Schedule A.
(c) The Company will pay only those COlts, oliorneY'1 fees and expenses incurred in
occordoncewith Section 4 of these Conditions and Stipulolionl.
8. APPORTIONMENT.
. If the land described in Schedule A consists 01 two or more porcels which ore not used os
o lingle site, and 0 10lsis estoblilhed affecting one or more 01 the porcel I but not 011, thelols
Iholl be computed and seliled on 0 pro rota bOlis 01 if the omounl 01 inluronce under this
policy was divided pro rota os to the value on Dote of Policy of each seporote porcel to the
whole, exdusive of any improvements mode subsequent to Dote of Policy, unless 0 liability or
value has othelWise been agreed upon os to each porcel by the Company and the insured at
the time of the issuance of thil policy and shown by on expresl statement or by on
endorsementolioched to this policy.
9. LIMITATION OF LIABILITY.
(0) If the Company establishes the title, or removes the alleged defect, lien or
encumbronce, or cures the lockofo rightofoccesl to or from the land, or curel the doim of
unmorketobility of title, 011 01 inlured, in 0 reasonably diligent manner by any method,
induding litigation and the completion of any appeals therefrom, it sholl hove fully performed
its obligotionl with relpect to that molier and sholl not be liable for any losl or damage
cousedthereby.
(b) In the event of any litigation, induding litigation by the Company or with the
Componys consent, the Company Iholl hove no liability for losl or damage until there hOI
been 0 final determination by 0 court of competent jurisdiction, and dilposition of 011 appeals
therefrom,odversetothetitleosinlured.
(c) The Company sholl not be liable for 10ls or damage to any inlured for liability
voluntorify oSlumed by the insured in seliling any doim or luil without the prior wrilien
consent of the Company.
f o. REDUmON OF INSURANCE; REDUmON OR TERMINATION OF LIABILITY.
All payments under Ihis policy, except payments mode for COltl, oliorneys' fees and
expenses,lhollreducelheomountoftheinluronceprotonlo.
fl. LIABILITY NONCUMUlATIVE.
It is expreslly understood that the amount of insuronce underthispolic ysholl be reduced
by any amount the Company may pay under any policy insuring 0 mortgage to which
. exception il token in Schedule B or to which the insured has agreed, olsumed, or token
lubject, or which is hereafter executed by on insured and which is 0 chorge or lien on the
estate or interelt described or referred to in Schedule A, and the amount so paid Iholl be
deemed 0 payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(0) No payment Iholl be mode without producing Ihis policy lor endorsement 01 the
payment unless the policy has been lost or destroyed, in which case proof of loss or
destrudionlholl befurnilhed to the sotisfoction of the Company.
(b) When liability and the extent of losl or damage has been definilely fixed in
o((ordance with these Conditionl and Stipulations, the lOll or damage sholl be payable
within 30 days thereafter.
13 SUBROGATION UPON PAYMENT OR SffiLEMENT.
(0) The Componys Right of Subrogation.
Whenever the Company Iholl hove settled and paid 0 doim under this policy, 011 right of
lubrogotion sholl vest in the Company unoffeded byonyodoflhe insure ddoimonl.
The Company sholl be subrogated to and be entitled to 011 rights and remedies which the
insured doimont would hove hod against any person or property in relped to the doim hod
this policy nol been illued. If requested by the Company, the inlured doimont sholl tronsfer
to the Company 011 rights and remedies against any perlon or property necessary in order to
perfect this right of lubrogotion. The insured doimont sholl permit the Company to lue,
compromise or selile in the nome of the insured doimont and to use the nome of the inlured
cloimonlin onytronsoction or litigation involving these rights or rem edies.
If 0 payment on o((ount of 0 claim does not fully cover the 10ls of the inlured doimont,
the Company sholl be subrogated to these rights and remedies in the proportion which the
Company's payment beors to the whole amount of the losl.
If loss should result from any oct of the insured doimonl, 01 stated above, thotoctlholl
notvoidthilpolicy, but the Company, in that event, sholl be r"luired to pay only that port of
any losses insured against by thil policy which sholl exceed the amount, if any, lost 10 the
Company by reolon of the impairment by the inlured doimont of the Company's right of
subrogation.
(b) The ComponYI Rights Against Non-insured Obligors.
The ComponY'1 right of subrogation against non-insured obligors Iholl exi~ and sholl
indude, wilhout limitation, the rights of the inlured to indemnities, guoronties, other policies
of insuronce or bonds, notwithstanding any terms or conditions contained in those
instrumentlwhich provide for subrogation rights by reason of this po licy.
14. ARBITRATION
Unless prohibited by opplicoble low, either the Company or the inlured may demand
orbitrotion purluont to the Tille Inluronce Arbitrotion Rules of the Americon Arbitrotion
Alsociation. Arbitroble molierl may include, but ore nollimited to, any controversy or claim
between the Company and the insured orising out of or relating to this policy, any service of
the Company in connection with its ilsuonce or the breoch of 0 policy provilion or other
obligation. All orbitroble moliers, when the Amount of Insuronce is Sf ,000,000 or lesl sholl
be orbitroted 01 the option of either the Company or the insured. All orbitroble matters when
the Amaunt of Inluronce is in excess of Sl,OOO,OOO sholl be orbitroted only when agreed to
by both the Company and the inlured. Arbitrotion purluont to this policy and under the Rules
in effect on the dote the demand fororbitrotion il mode or, at Ihe oplion of the insured, the
Rules in effect at Dote of Policy sholl be binding upon the parties. Theoword may include
oliorneys' fees only if the lows of the state in which the land il locoted permit 0 court 10
oword attorneys' fees to 0 prevailing porty. Judgment upon the oword rendered by the
Arbitrotor(s) may be entered in any court having jurisdiction thereaf.
The low 01 the situs of the land Iholl apply to on orbitrotion under the Title Inluronce
Arbitrolion Rules.
A copy of the Rules may be obtained from the Campony upon request.
1 S. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRAG.
(0) Thil policy together with 011 endorsements, if any, olioched hereto by the Company
il the entire policy and controct between the insured and the Company. In interpreting any
provilion ofthil policy, thil policy sholl be construed 010 whole.
(b) Any claim of 10ls or damage, whether or not based on negligence, and which orises
outoftheltotusofthetitletotheestoteorinlerestcoveredherebyorbyonyodionosserting
such claim, sholl be restricted to Ihis policy.
(c) No amendment of or endorsement to this policy con be mode except by 0 writing
endorsed herean or olioched hereto ligned by either the Prelident, 0 Vice Prelident, the
Secretory, on Assiltont Secretory, or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provilion of the policy il held invalid or unenforceable under opplicoble
low, the policy sholl be deemed nol to include that provilion and 011 other provisions sholl
remain in full force and effect.
17. NOTICES, WHERE SENT.
All noticel required to be given the Company and any statement in writ ingrequiredtobe
furnished the ComponYlholl include the number of this policy and sholl be addressed tolhe
Company at 300 East 42nd Street, New York, New York 10017.
STEWART TITLE@
INSVH.ANCF. COMPANY
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New York State Department of Environmental Conservation
Division of lands & Forests
Aureau of Real Property, 5th Floor
Wf>25 Broadway, Albany, New York 12233-4256
Phone: (518) 402-9442 . FAX: (518) 402-9028
Website: www.dec.state.ny.us
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April 6, 2007
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Melissa Spiro
Department of Land Preservation
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
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Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
.
CE: Suffolk 441
Grantor: Caberon Properties, Inc.
Libel': D12465 Page: 493
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 mueh appreciated.
Very tmly yours,
;Z;!td4,&
Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Property
TAR:gm
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
MAILING ADDRESS:
P.O. Box 1179
Southold. NY 11971-0959
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold. New York
Telephone (631) 765-57II
Facsimile (631) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTH OLD
April 2, 2007
NYSDEC
Bureau of Real Property
625 Broadway, 5"' Floor
Albany,}fY 12233-4256
Attention:
Tim Reynolds
Conservation Easements Registry
CABERON PROPERTIES. INC. to TOWN OF SOUTHOLD
Re:
Dear Mr. Reynolds:
Enclosed please find a copy of the recorded Grant of Conservation Easement on 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:
LlBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Caberon Properties, Inc.
Town of Southold
August 21, 2006
DOOOl2465
493
765 Case's La & 450 Cedars Rd, Cutchogue
12.6628 acres
1000-109.00-05.00-016.002 aud
1000-109.00-06.00-015.000
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
ene.
cc: Cedars Golf Club . P.O. Box 945, Cutchogue. NY 11935 w/o enc.
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CABERON PROPERTIES, INC.
(Cedars Golf Club)
to TOWN OF SOUTHOlD
12.6628 acres development rights easement
SCTM #1000-109-5-p/o 16.1 (765 Case's lane, Cutchogue)
and
SCTM #1000-109-6-15 (450 Cedars Road, Cutchogue)
Closing held on Tuesday, August 1,2006
land Preservation Department
from left to rillht:
John Dennison
Supervisor Scott Russell
Geoff Penny
George Penny
Don Bergen
Eileen Bergen Talbot
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold,ny.us
MAILING ADDRESS:
P.O. Box 1179
SouthoId. NY 11971-0959
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs A venue)
SouthoId, New Yark
Telephone (631) 765-5711
Facsimile (631) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTH OLD
To:
Supervisor Russell
Town Board
Town Clerk
land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Peconic land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, land Preservation Coordinator
Date:
August 1, 2006
Re:
CABERON PROPERTIES. INC. to TOWN OF SOUTHOlD
SCTM #1 000-1 09-5-p/o 16.1 and #1000-109-6-15
Development Rights Easement
Please be advised that the Town has acquired a development rights easement on the properties listed
below. If you would like additional information regarding the purchase, please feel free to contact me.
lOCATION:
765 Case's Lane & 450 Cedars Road, Cutchogue
PROPERTY OWNER:
Caberon Properties, Inc.
PURCHASE DATE:
Tuesday, August 1,2006
PURCHASE PRICE:
$551.540.00 (based on 11.99 acres @ $46,OOO/buildable acre)
TOTAL PARCEL ACREAGE:
13.7228 acres (rnade up of two tax map parcels referenced above)
EASEMENT ACREAGE:
12.6628 acres
RESERVED AREA:
1.06 acres around existing clubhouse
FUNDING:
CPF 2% Land Bank
MISCEllANEOUS:
There is a nine-hole public golf course located on the property known as
Cedars Golf Ciub. The development rights easement allows the
existing use as a public golf course to continue, or a change of use to a
different type of public recreational use, or for the property to be used
for agricultural purposes. A 1.06 acre area around the club house has
been reserved from the easement. The property is listed in the Town's
Community Preservation Project Plan.
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M. Bldg. IF~ndatian c: Bath i J Dinette
Be
Extension '2(/,/ '30 7). 0 7-r 198'/J ~asement ~ L Floors p I~! /- K.
!'it;'!'" :A Tv L-
Extension \( y ") " r P..1Jj :v~V J rC:'t) Ext. Walls Interior Finish ;Dr'1:',,': .;. '? LR.
Z 7,>{) t-V" 01) )/r-'\/G t-L/ /,/J ": ,;l;-;'
Extension Fire Place 1'/6 Heat 11/' , DR. \
- r ype Roof GHI/;t Roams 1st Floor - !
BR.
Porch ~ecreation Room Roams 2nd Floor FIN. B.
I -
Porch parmer
Breezeway Driveway
Garage
-
Patio
O. B. ~
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Total
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OWNER
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TOWN OF SOUTHOLD PROPERTY RECORD CARD
STREET b5 VILLAGE DIST. . SUB.
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LOT
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ACR.
6,97
TYPE OF BUILDING
C.d.b-€V"1>1l P.....o -e~+/~.r.I.e Ca..re'J Lo"e...
FORMER OWNER N
W
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RES. .,,;5 /1 SEAS. VL. q I FARM COMM. CB. MICS. Mkt. Value
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77 '17/ J) .....pIe. f .... r
LAND IMP. TOTAL DATE REMARKS.0:2:f 5~1/~, Odd I F.1f, C"-l.e [::.1, To C...)e,,",^ f',-,/',J;;,
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Tillable C, 9 7 ) 'f :ltJ() .l()9.~.fY FRONTAGE ON WATER
. FRONTAGE ON ROAD
Woodland
Meadowland DEPTH
House Plot BULKHEAD
Totol
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