HomeMy WebLinkAboutArrieta, Allan -
1000-94-3-1.13
(f/k/a 1000-94.-3-p/o 1.3)
*A Baseline Documentation
Premises:
3305 Oregon Road
Mattituck, New York
10.0 acres
Development Rights Easement
ALLAN ARRIE TA
to
TOWN OF SOUTHOLD
Easement dated March 29, 2007
Recorded April 4, 2007
Suffolk County Clerk - Liber D00012499, Page 272
Correction Easement dated January 31, 2014
Recorded March 11, 2014
Suffolk County Clerk - Liber D00012766, Page 565
SCTM #: 1000-94-3-1.13
(f/k/a 1000-94-3-p/o 1.3)
Premises: 3305 Oregon Road
Hamlet: Mattituck
Purchase Price: $7809000.00
(10.0 buildable acres @
$78,000/acre)
Funding: Community
Preservation Funds
(2% land bank)
CPF Project Plan: Yes
Total Parcel Acreage: 12.5056 acres
Development Rights: 10.0 easement acres
Reserved Area: 2.5056 acres
Zoned: A-C
Existing Improvements: In March 2007 —
None on easement area
VALUATION WITH DEVELOPMENT RIGHTS
DESCRIPTION
LAND
The subject is a parcel of land having an area of 10.50± acres. It is part of a larger
parcel which has an irregular shape with 242±' of frontage on the northerly side of Oregon
Road. The property has a northerly border of 376±', an easterly border of 1,648±', and an
irregular westerly border running a total of 1,795±'. The subject is a 10.50± acre portion
of the above described property. The appraisers have not been furnished a survey
depicting the actual subject (appraised) portion of the overall property, but have been
provided a concept sketch indicating the general location of the excluded area.
The above dimensions are taken from the Suffolk County Tax Map and the last deed
on record for the subject. 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.
Oregon Road is a two way, two lane, publicly maintained macadam paved road. Public
water is not available to the subject.
In the addenda to this report, we have included a copy of the Suffolk County Tax Map
which shows the entire property of which the subject of this appraisal is a portion of.
The property has a generally level topography and is mostly cleared. It is situated at
or near grade with the abutting road and is in use for agricultural purposes.
GIVEN 22
DESCRIPTION (CONTINUED)
LAND (CONTINUED)
Land use surrounding the subject is primarily vacant and improved residential
properties.
IMPROVEMENTS
The subject is vacant land.
PRESENT USE AND OCCUPANCY
The subject is vacant farmland.
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Phase I
• Environmental Site Assessment
Arrieta Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope &
Voorhis, LLC in order determine if potential environmental or public health concerns are
present. This report is intended to identify Recognized Enviromnental 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 Mattituck, Town of Southold, County of Suffolk, New
York. The overall property is comprised of 12.5 acres; however, this report addresses
approximately 10.0 acres of the property. The subject property is located on the north side of
Oregon Road, approximately 150 feet east of Elijah's Lane. The property is more particularly
described as Suffolk County Tax Map # 1000-094-03- p/ol.3.
The subject property consists of unimproved farm field. No irrigation wells were observed on
• the property; however, two (2) were located adjacent to the northern and eastern property
boundaries. No staining or stressed vegetation was observed in the vicinity of either of these
irrigation wells. The subject property was inspected and there were no signs of staining, release,
residue, odors, or stressed vegetation on the subject property.
No Sanborn map coverage was available for the subject property or nearby area. Aerial
photographs from 1938, 1957, 1976, 1980, 1994 and 2004 were reviewed in order to determine if
any prior uses occupied the subject property. The subject property consisted of farmland in all of
the aerial photographs.
An extensive government records search found no potential sources of envirommental
degradation on the subject property. One (1) State or County documented regulated sites was
noted in the vicinity of the subject property. Specifically, one (1) Petroleum Bulk Storage (PBS)
facility is located within one quarter (0.25) miles of the subject property.
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
The site is typical of an agricultural use and there was no evidence of reportable release or
anything other than typical farm practice. As a result, the following recorrnnendation is
provided:
I. 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.
' Arrieh Property,Mattitack
Phase 1 ESA
FIGURE 1
' LOCATION MAP
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FIGURE 2
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Source: NYSGIS Orthoimagery Program, 2004 NoRirr
Scale: V=200'
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1 Arriela Property,Maltitrck
Phase I ESA
FIGURE 3
1 LAND USE MAP
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' An itta Property,Mattitack
PYaat 1 ESA
FIGURE 4
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1 Arriela Property. Mattituck
Phau I Est
FIGURE 5
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FIGURE 6
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Phase 1 ESA
FIGURE 7
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Source: USGS Water Resources Investigation Report,2001
Scale: Not to Scale +
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Arrieta Property.Mattituck
Phase I ESA
FIGURE 8
WATERMAIN MAP
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Scale: Not to Scale
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Arrieta Property,Mattitack
Phase 1 ESA
FIGURE 9
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Scale: 1" 800'
' Arrieta Property,Mettituck
Phase 1 ESA
FIGURE 10
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Arrieta Property
Mattituck, NY 11952
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Arrieta Property
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z Arrieta Property
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IM Mile 1'8M0e
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1/4 0 118 114 •^1/4 Mil,,Search Radius
Distance in fdiles
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•
LAND PRESERVATION COMMITTEE MEETING
. Minutes of Regular Meeting held
Tuesday, November 15, 2005
Members Present: John Sepenoski Craig Arm
Eric Keil Fred Lee (left 9:15 p.m.)
Ray Huntington
Members Absent: Ray Blum, Michelle Zaloom
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Tim Caufield, Peconic Land Trust Vice President
Commencement:
• The meeting began at 7:10 p.m. with five LPC members present.
Adoption of Meeting Minutes:
• Adoption of minutes from November 1, 2005
MOTION made by Ray Huntington, seconded by Craig Arm, to accept minutes of
the November 1, 2005 meeting.
Motion carried 5/0.
Applications:
The members re- entered into EXECUTIVE SESSION.
• ARRIETA PROPERTY [executive session]: �j- ryl
SCTM #: 1000-94-3-1.3 Ci C C>n�e
Location: n/s Oregon Rd, Mattituck 1� L P
Total Acreage: ±12.5 acres (GIS 12.45 acres)
Zoned: A-C �•�
FWet: 0 acres
MWet. 0
CPF: Yes
• Retroactive Motion re: appraisal process [executive session]
Reviewed-offer-if-appraisal has-been sub.,.
^�'t«. ed.[executive-session]
MOTION made by Craig Arm, seconded by John Sepenoski, to direct Melissa
Spiro to commission an appraisal on the subject property.
Motion carried 5/0.
LAND PRESERVATION COMMITTEE MEETING
Minutes of Regular Meeting held
Tuesday, December 12, 2006 at 4:00 p.m.
Members Present: Ray Huntington John Sepenoski Eric Keil (5:23 p.m.)
Lillian Ball Chris Baiz
Members Absent: Ray Blum, Chairman
Michelle Zaloom
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Al Krupski, Town Board Liaison
Tim Caufield, Peconic Land Trust Vice President
Stephen Searle, Peconic Land Trust
Margot Booth, observer
Commencement:
• The meeting began at 4:16 p.m. with four LPC members present.
Adoption of Meeting Minutes:
Adoption of LPC meeting minutes from November 21, 2006
MOTION made by Ray Huntington, seconded by Chris Baiz, to accept the minutes of November 21,
2006.
Motion carried 4/0. (Eric Keil not present to vote)
06(VPfC)d f Dr(7;r/0
• ARRIETA PROPERTY
SCTM #: 1000-94-3-1.3 Zoned: A-C
Location: 3305 Oregon Rd, Mattituck FMWet: 0 acres
Total Acreage: ±12.5 acres (GIS 12.45 acres) CPF: Yes
Subdividable: Yes
Peconic Land Trust gave update re: status and offer [executive session].
Tim Caufield gave an update on Peconic Land Trust's offer to landowner to purchase fee title of the
farmland from landowner with intent of PLT to sell development rights easement to Town. Town will
need to get an updated appraisal.
MOTION made by John Sepenoski, seconded by Chris Baiz, to request an update to the appraisal
prepared on the Arrieta property.
Motion carried 5/0.
P
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Town of Southold - Letter Board Meeting of January 16, 2007
RESOLUTION 2007-103 Item # 21
* ADOPTED
DOC ID: 2519
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-103 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday January 30 2007 at 5.00 P.m., Southold Town Hall 53095 Main
Road, Southold, New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by Allan Arrieta (Peconic Land Trust as
Contract Vendee). Said property is identified as part of SCTM 41000-94-3-1.3. The address is
3305 Oregon Road, Mattituck, New York. The property is located on the northerly side of
Oregon Road, approximately 150 feet northeasterly from the intersection of Elijah's Lane and
• Oregon Road in Mattituck in the A-C zoning district. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 10± acres of
the 12.5± acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee, and the property owner/contract vendee. The purchase price is $78,000 (seventy-
eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired
using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
• hours.
Generated January 17, 2007 Page 28
Town of Southold - Letter Board Meeting of January 16, 2007
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
•
•
Generated January 17, 2007 Page 29
LEGAL NOTICE
• NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesday, January 30, 2007, at
5:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time
and place for a public hearing for the purchase of a development rights easement on
property owned by Allan Arrieta (Peconic Land Trust as Contract Vendee). Said
property is identified as part of SCTM #1000-94-3-1.3. The address is 3305 Oregon
Road, Mattituck, New York. The property is located on the northerly side of Oregon
Road, approximately 150 feet northeasterly from the intersection of Elijah's Lane and
Oregon Road in Mattituck in the A-C zoning district. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 10±
acres of the 12.5± acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee, and the property owner/contract vendee. The purchase price is $78,000
(seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement
will be acquired using Community Preservation Funds.
• The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Ball
Annex, 54375 Route 25, Southold,New York, and may be examined by any interested
person during business hours.
Dated: January 16, 2007 BY ORDER OF THE TOWN BOARD
OF TIIE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JANUARY 25, 2007, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD,NY 11971.
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Land Preservation Town Clerk's Bulletin Board
• SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 30, 2007
5:00 PM
COUNCILMAN WICKHAM: NOTICE 1S HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday, January 30, 2007, at 5:00 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearing for the purchase of a
development rights casement on property owned by Allan Arrieta (Peconic Land
Trust as Contract Vendee). Said property is identified as part of SCTM #1000-94-3-1.3.
The address is 3305 Oregon Road, Mattituck, New York. The property is located on the
northerly side of Oregon Road, approximately 150 feet northeasterly from the
intersection of Elijah's Lane and Oregon Road in Mattituck in the A-C zoning district.
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 10± acres of the 12.5± acre parcel.
The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee, and the property owner/contract vendee. The purchase price is $78,000
(seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement
will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
I have a copy that an affidavit, that it has appeared on the Town Clerk's bulletin board
outside and it has also appeared as a legal in the local newspaper. I don't have, well, I do
have a short environmental assessment form here which we approved a little while ago as
a resolution.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board
on this purchase?
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Thank you. Melissa
Spiro, Land Preservation Coordinator. This is the first of three preservation hearings
tonight, altogether the three projects total over 50 acres of land that will be preserved.
January has been a really busy month for preservation and we hope to keep up in this
fashion in the near future. The subject of the first hearing is the Arrieta property on
Oregon Road. The Town will be purchasing 10 of the 12.5 acres. A 2.5 acre area has
been excluded from the development rights easement and that area contains an existing
residential dwelling. No additional residential structures will be allowed within the 12.5
acre parcel at all and the acquisition does not involve any type of residential subdivision.
The land owner is basically preserving all but the 2.5 acres, on which there is already an
existing dwelling. Pcconic Land Trust has been involved with and is a partner with the
Town in this preservation effort. The Purchase price is $78,000 an acre and it is
supported by an appraisal. The Arrieta farm is located in the town's main area of
agriculture in the Oregon Road area, making this an important and significant acquisition.
The Arrieta farm is south of a farm on which the Town recently purchased the
development rights on 13 acres. I don't know it' you can see on the aerial but every
parcel on that map that has that label on it is already preserved. And this acquisition
extends a significant block of farmland. The Committee and I have been doing what we
can to expedite this important acquisition and the closing is likely within the next few
weeks. And we both, the Committee and 1 recommend that the Town Board proceed
with this purchase.
SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to come up
and address the Town Board on this acquisition? (No response) Hearing none, can I get
a motion to close the hearing?
Elizabeth A. Neville
Southold Town Clerk
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Town of Southold - Letter Board Meeting of January 30, 2007
• '°"" RESOLUTION 2007-137 Item # 9
® ADOPTED DOC ID: 2555
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-137 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 30, 2007:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on a certain parcel of property owned by Allan Arrieta pursuant to the provisions of
Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of
the Town of Southold. Said property is identified as part of SCTM #1000-94-3-1.3. The address
is 3305 Oregon Road, Mattituck, New York, and is located on the northerly side of Oregon
Road, approximately 150 feet northeasterly from the intersection of Elijah's Lane and Oregon
Road in Matttituck in the A-C zoning district. The proposed acquisition is for a development
rights easement on a part of the property consisting of approximately 10± acres (subject to
• survey) of the 12.5± acre parcel. The exact area of the development rights easement is subject to
a survey acceptable to the Land Preservation Committee and the property owner. The purchase
price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus
acquisition costs; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
•
Generated February 2, 2007 Page 13
Town of Southold - Letter Board Meeting of January 30, 2007
• RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEORA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
•
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Generated February 2, 2007 Page 14
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
• PART I-PROJECT INFORMATION(To be completed by Applicant OR Project)Page 1 of 2
1.APPLICANT/SPONSOR:Southold Town Board a " - - --
2.PROJECTNAME: ' 'i se a•ti . Arr rc a _.
T u
3. PROTECT LOCATION: �°S1�I� IJe ndtC
Municipality SoLrr Lo \pw0 County: ['
__. _... JIFF FO L tc
4.PRECISE LOCATION:(Street address and road intersections,prominent landmarks,etc,or provide map)
sc.TWA 1000 -9'4 - 3- 1, 3
3305 pt05on7cSj Iho�i-it7cFC
' hbrTlecly st9t Ong°T�b,lw�yceK, Ko nor-i).eag�+r(y �ro+n �a-4zrsec4l,.,, or f)��SL:y /� �9.
°Sa^
S.IS PROPOSED ACTION: -
,- New n Expansion n Modification
6. DESCRIBE PROJECT BRIEFLY:
I o.on �urcl.aSe ° 8eue�o�ro�n{ r sh�s eGsemen} on Io±acros 2,s c crc V rle
7.AMOUNT OF LAND AFFECTED: {_ ---
INITALLY fo; acres ULTIMATELY 10 acres
S.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
P0Yes n No if No, deso-fbe briefly
.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECP
Residential r— Commercial Industnal% Agriculture rI Park/Forest/Open space F Other
I
Describe,
I
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY(FEDERAL,STATE OR LOCAL)?
F7
Yes NO if yes, list 39enry(5)and permiVappro✓a/s
1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
r;
Yes No Ifyes, llstagency(s)andpermlf/all","ls
i
12.AS RESULT OF PROPOSED ACTION WILL EXISTING PER REQUIRE MODIFICATION?
Yes No
_-
i I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
M i
AppLcanl sponsor Name.. 1 'IE�I SSA LR'p l�arn �tt5_�saR.._. Date _ 41_
D 7
II
If
If
• the adios rs in tire Coastal Area, and you area s
proceeding wiW this assessment
tate agency, complete the Coastal Assessment Form before
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?
C Yes54 No If yes coordinate the review process and use the full E4F
• 0.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6?
YesT No lfno,a.negafive dederad'on 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)
Cl. Existing air quality,surface or groundwater quality or quantity, noise levels,existing traffic patterns solid waste production or
disposal, potential for erosion,drainage or Flooding problem?Explain briefly:
Ne
C2,Aesthetic, agricultural,archaeological, historic or other natural or cultural resources; or community or neighborhood character?
Explain briefly:
No
C3. getation or fauna fishes shellfish,or wildlife species,significant habitats, of threatened or endangered species?Explain briefly:
M0
C9.A community's existing plans or goals as officially adopted,or change in use or intensity of use of land or other natural resources?
Explain briefly:
NO
C5.Growth, subsequent development,or related activities likely to be induced by the proposed action?Explain briefly:
ND
C6. I,pgg term,short term,cumulative,or other effects not identified in CI-05?Explain briefly:
� 0
C7. Other impacts(Including changes in use of either quantity of type of energy)?Explain briefly:
ND
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A
CEA?
Yes? No
E.IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
• r f!N�f,
Yes• No
PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large,or otherwise significant. Each effect should
be assessed In connection with its(a)setting(Le urban or rural);probability of occurring; (c)duration; (on irreversibility; (e)geographic scope;
and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensm e that explanations contain sufficient detail to show
that all relevant adverse impacts have been identified and adequately addressed_If question D of part II was checked yes,the determination and
significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
�l Check this box if you have identified one or more potentially large or significant adverse impacts,which may occur.Then _.
proceed directly to the FULL ENVIRONMEfNAI_ASSESSMENT FORM and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
I as necessary, the reasons supporting this determination:
.✓—o-I�kID���4wu �oARO
.-p Name of Le-CAgenq
—. 1"C' f�X 5 5 taw&- t S 0
__
Pnnt of type Name of Re slble Officer h Lead Agen }' Title Responsible Officer
Signature of ponsibie Officer in Lead Agency Signahue of prepare(if dferent from of responsible officer)
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Town of Southold - Letter Board Meeting of January 30, 2007
• r''°`�`� RESOLUTION 2007-158 Item# 30
I"®*u, ADOPTED DOC ID: 2556
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-158 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 30, 2007:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by Allan
Arrieta on the 30th day of January, 2007, pursuant to the provisions of Chapter 17 (Community
Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at
which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-94-3-1.3. The address is 3305
Oregon Road, Mattituck, New York, and is located on the northerly side of Oregon Road,
• approximately 150 feet northeasterly from the intersection of Elijah's Lane and Oregon Road in
Mattituck in the A-C zoning district; and
WHEREAS, the proposed acquisition is for a development rights easement on a part of the
property consisting of approximately l0± acres (subject to survey) of the 12.5± acre parcel. The
exact area of the development rights easement is subject to a survey acceptable to the Land
Preservation Committee and the property owner; and
WHEREAS, the purchase price for the easement is $78,000 (seventy-eight thousand dollars) per
buildable acre plus acquisition costs. The easement will be acquired using Community
Preservation Funds; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value; and
•
Generated February 2, 2007 Page 52
Town of Southold - Letter Board Meeting of January 30, 2007
• WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP)
and the LWRP Coordinator has determined that this action is consistent with the LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; now, therefore, be it
• RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by Allan Arrieta pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands Preservation) of the Code of the Town of Southold. Said property is identified as part
of SCTM 41000-94-3-1.3. The address is 3305 Oregon Road, Mattituck, New York, and is
located on the northerly side of Oregon Road, approximately 150 feet northeasterly from the
intersection of Elijah's Lane and Oregon Road in Mattituck in the A-C zoning district. The
proposed acquisition is for a development rights easement on a part of the property consisting of
approximately 10± acres (subject to survey) of the 12.5± acre parcel. The exact area of the
development rights easement is subject to a survey acceptable to the Land Preservation
Committee and the property owner. The purchase price for the easement is $78,000 (seventy-
eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired
using Community Preservation Funds. Town funding for this purchase is in conformance with
the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been
• reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the
Generated February 2, 2007 Page 53
Town of Southold - Letter Board Meeting of January 30, 2007
Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined
that this action is consistent with the LWRP. A
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
•
Generated February 2, 2007 Page 54
MAILING ADDRESS:
PLANNING BOARD MEMBERS �pF SOUT P.O. Box 1179
JERILYN B.WOODHOUSE �0� y49r Southold, NY 11971
• Chair vo
OFFICE LOCATION:
KENNETH L.EDWARDS y Town Hall Annex
MARTIN H. SIDOR 54375 State Route 25
SOLOMON GEORGE D.
SEPH L.TOWN E T`I
ND ��yCOUN ,� � (cor. MaYoungs Ave.)
Southold, NY
JOSEPH
Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Melissa Spiro, Land Preservation Coordinator
Land Preservation Department
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: February 1, 2007
Re: Proposed purchase of development rights easement on the property of Allan Arrieta
property.
SCTM #1000-94-3-p/o 1.3 Zoning District A-C
• The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards.
The action involves the proposed purchase of a development rights easement on part of the
property consisting of approximately 10± acres of the 12.5± acres of property owned by Allan
Arrieta.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to
this department, the proposed action is CONSISTENT with the policy standards of the
LWRP and therefore is CONSISTENT with the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
): FEB 72007
-""O? 0' A1411),,4MN
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CLOSING STATEMENT
• ALLAN ARRIETA
to TOWN OF SOUTHOLD
Development Rights Easement— 10 acres
Total Parcel Acreage — 12.5056 acres
Reserve Area — 2.5056 acres
Premises: 3305 Oregon Road, Mattituck
SCTM #1000-94-3-p/o 1.3
Closing took place on Thursday, March 29, 2007
at 10:00 a.m., Southold Town Hall Annex
Purchase Price of $ 780,000.00 (based upon 10.0 buildable acres @
$78,000/buildable acre) disbursed as follows:
Payable to Internal Revenue Service $ 78,000.00
Check #90583 (3/29/07)
Payable to North Fork Bank $ 82,340.08
Account: J. Kevin McLaughlin, as Attorney
• Wire transfer (3/29/07)
Payable to Bank of McKenney $ 619,659.92
Account: 7720 Karissa Farm Drive, LLC
Wire transfer (3/29/07)
Expenses of Closing:
Appraisal $ 2,500.00
Payable to Given Associates, LLC
Check #84306 (12/20/05)
Appraisal Update $ 2,000.00
Payable to Given Associates, LLC
Check #89376 (1116/07)
Boundary Survey $ 1,800.00
John C. Ehlers Land Surveyor
• Check #90065 (3/13/07)
• Environmental Report (Phase I ESA) $ 1,300.00
Payable to Nelson, Pope & Voorhis, LLC
Check #90510 (3127/07)
Title Report $ 3,348.00
Payable to Fidelity National Title Insurance Co.
Check #90582 (3/29/07)
Fee insurance $ 3,088.00
Recording deed $ 240.00
Certified deed $ 20.00
Title Closer Attendance Fee $ 100.00
Payable to Patricia Fallon
Check #90581 (3/29107)
• Those present at Closing:
Scott A. Russell Southold Town Supervisor
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
J. Kevin McLaughlin, Esq. Attorney for Seller/Power of Attorney
Timothy J. Caufield Peconic Land Trust, Vice President
Stephen Searl Peconic Land Trust
Susan Q. Tuths, Esq. Attorney for Peconic Land Trust
Terry Quinn Lien Holder
Brendan Coyne Lien Holder
Patricia Fallon Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Administrative Asst
•
G4S TOWN OF SOtTHOLA 214
53095 MAIN ROAD SOUTHOLD,NEW YORK 11971-0959 CI,OEING :3/29 0 9 5 8 3
NO.
,� •*,;' v 1 E:SUFP MMUNTYNATIOWK K
CUTCHMUE,NY 11935
DATE tkaQK Np, AMOU14T
03/25/2007 . ' ,,59$83 $78 , 000 . 00
;OEVENTY EIGHT THOUSAND AND 00/100 DOLLARS
2 INTERNAL REVENUE SERVICE
i I
um09OSB3110 1:02140S464o: 63 000004 011'
H3 . 8660 . 2 . 600 . 100 032907 PARTIAL PRICE-ARRI 78 , 000 . 00
TOTAL 78 , 000 . 00
•
•
TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
Receipt
Page 1 of 1
• Wire Transfer
Date: 3/29/2007
Time: 11:23:22 AM
The Wire Transfer You Submitted In The Amount Of $82,340.08 To Be Transferred To: "J. Kevin
McLaughlin, as Attorney" From Account "EMA TRANSFER ACCOUNT" Effective Dated 03/29/2007 Was
Processed.
•
•
r,n,�!l Dui I Vx1 �Dil R vNY I
Receipt Page 1 of 1
Receipt
• Wire Transfer
Date: 312912007
Time: 11:22:49 AM
The Wire Transfer You Submitted In The Amount Of $619,659.92 To Be Transferred To: "7220 Karissa
Farm Drive, LLC" From Account "EMA TRANSFER ACCOUNT" Effective Dated 03/2912007 Was
Processed.
•
•
nihcunncet.ccml'a�hnuurK ,cc ipt 01LI I I.�,11_V ill l\
RGIVEN
ASSOCIATES
•
GIVEN ASSOCIATES, LLC (631) 360-3474
P.O. Box 5305 • 548 Route 111 • Hauppauge, NY. 11788-0306 FAX 360-3622
December 8, 2005
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee D C E U
Town Hall Annex r-- DO
54375 State Route 25
P.O. Box 1179 DEC ) 2 ?(?
Southold, NY 11971-0959
DEFT Of LAND
Property of Allan Arrieta Phesrrv,anow
Located North side of Oregon Road, Cutchogue, NY
• S.C.T.M. #1000-94-3-1.3
$2,500.00
File# 2005355
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
View 1 ** Actual Hi . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . .
Vendor. . 007416 GIVEN ASSOCIATES LL : W-12202005-491 Line: 207 Formula: 0
Y=Select : Account. . H3 . 600
JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE
---------------------- - Begi : Trx Date. . . . . 12/20/2005 SDT 12/20/05
4/12/2005 4/12/2005 H3 . 600 : Trx Amount. . . 2, 500 . 00
4/12/2005 4/12/2005 H3 .600 : Description. . ARRIETA APPRAISAL
4/26/2005 4/26/2005 H3 . 600 : Vendor Code. . 007416
4/26/2005 4/26/2005 H3 . 600 : Vendor Name. . GIVEN ASSOCIATES LLC
4/26/2005 4/26/2005 H3 . 600 : Alt Vnd. .
5/10/2005 5/10/2005 H3 . 600 : CHECK. . . . . . . . 84306 SCNB
5/10/2005 5/10/2005 H3 . 600 : Invoice Code. 2005355
7/05/2005 7/05/2005 H3 . 600 : VOUCHER. . . . . .
9/13/2005 9/13/2005 H3 . 600 : P.O. Code. . . . 14896
10/25/2005 10/25/2005 H3 . 600 : Project Code.
10/25/2005 10/25/2005 H3 .600 : Final Payment F Liquid.
11/10/2005 11/10/2005 A .600 : Type of 1099 . M BOX. 07 Addl.
11/10/2005 11/10/2005 A . 600 : Fixed Asset. . Y
,1/10/2005 11/10/2005 A . 600 : Date Released 12/20/2005
2/20/2005 12/20/2005 H3 . 600 : Date Cleared. 1/31/2006
Use Acti : F3=Exit F12=Cancel
F2=Shift Up F3=Exit F10=Prey View
SelectRecord(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F G I V E N Invoice
A S S O C I A T E S
Date Invoice#
048 Route 111 / PO Box 5305 1/8/2007 203
Hauppauge, NY 11788
631-360-3474 Fax 631-360-3622
Bill To
Town of Southold
P.O. Box 1179
Southold NY 11971
Please make check payable to: GIVEN ASSOCIATES, I t c. File No. Terms--E 2006327 Due upon Receipt
Description Amount
Appraisal of Real Property of Allan Arrieta Located 2,000.00
North Side of Oregon Road
Cutchogue, NY
.C.T.M. #1000-94-3-1.3
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
View 1 ** Actual Hi . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . .
Vendor. . 007416 GIVEN ASSOCIATES LL : W-01162007-975 Line: 118 Formula: 0
Y=Select : Account. . H3 . 600
JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE
- ------ --------- --- --- - - - Use Acti : Trx Date. . . . . 1/16/2007 SDT 1/12/07
2/28/2006 2/28/2006 H3 .600 : Trx Amount. . . 2, 000 . 00
3/28/2006 3/28/2006 H3 . 600 : Description. . APPRAISAL-ARRIETA
5/09/2006 5/09/2006 H3 . 600 : Vendor Code. . 007416
7/11/2006 7/11/2006 A . 600 : Vendor Name. . GIVEN ASSOCIATES LLC
7/25/2006 7/25/2006 H3 . 600 : Alt Vnd. .
8/08/2006 8/08/2006 H3 . 600 : CHECK. . . . . . . . 89376 SCNB
9/05/2006 9/05/2006 H3 . 600 : Invoice Code. 2006327
10/17/2006 10/17/2006 H3 . 600 : VOUCHER. . . . . .
„ 11/08/2006 11/08/2006 H3 . 600 : P.O. Code. . . .
11/08/2006 11/08/2006 H3 . 600 : Project Code.
12/05/2006 12/05/2006 H3 . 600 : Final Payment P Liquid.
1/16/2007 1/16/2007 H3 . 600 : Type of 1099 . M BOX. 07 Addl .
1/16/2007 1/16/2007 H3 . 600 : Fixed Asset. . Y
Y, 1/16/2007 1/16/2007 H3 . 600 : Date Released 1/16/2007
1/30/2007 1/30/2007 H3 . 600 : Date Cleared. 1/31/2007
- - - ---- - - -- -- - ----- Use Acti : F3=Exit F12=Cancel
Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
JOHN C. EHLERS LAND SURVEYOR I1IVOICP.
6 East Main Street
• Riverhead, NY 11901 Date Invoice#
Phone: 631-369-8288 211512007 2006461
Fax: 631-369-8287
Bill To Your Client
Town of Southold Arriela/Peconic Land Trust
Town Hall
Southold, NY 11971
SCTM# My Job#
1000-94-3-1.3 07-107
Date of Service Description Amount
2/15/2007 Current survey of property for proposed transfer of 1,800.00
development rights.
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
View 1 ** Actual Hi . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . .
Vendor. . 005322 EHLERS/JOHN C. : W-03132007-566 Line: 98 Formula: 0
Y=Select : Account. . H3 .600
- JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE
--------------- ---------- Use Acti : Trx Date. . . . . 3/13/2007 SDT 3/09/07
12/19/2006 12/19/2006 H3 . 600 : Trx Amount. . . 1, 800 .00
Y, 3/13/2007 3/13/2007 H3 . 600 : Description. . ARRIETA BOUNDARY SURVEY
: Vendor Code. . 005322
: Vendor Name. . EHLERS/JOHN C.
: Alt Vnd. .
: CHECK. . . . . . . . 90065 SCNB
: Invoice Code. 2006461
: VOUCHER. . . . . .
P.O. Code. . . . 16515
: Project Code.
: Final Payment F Liquid.
: Type of 1099 . M BOX. 07 Addl.
: Fixed Asset. . Y
: Date Released 3/13/2007
: Date Cleared.
------------ ---------- -- E : F3=Exit F12=Cancel
F2=Shift Up F3=Exit F10=Prey View :
IectRecord(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nelson, Pope & Voorhis, LLC Property: 07003 Project: VA02294
572 Walt Whitman Road Phone: 631-427-5665
Melville NY, 11747 Fax: 631-427-5620 Arrieta Property,Cutchogue
Manager: McGinn, Steven
Invoice
To: Town of Southold Dept of Land Presery Invoice I!: 4726
Town Hall Invoice Date: March 14,2007
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melissa A Spiro
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,300.00
Contract Item#1: Prepare Phase I Environmental Site Assessment
Work Performed thru 1/17/07
Contract Amount: $1,300.00
Percent Complete: 100.00%
Fee Earned: $1,300A0
Prior Fee Billings: $0.00
Current Fee Total: $1,300.00
•
*** Total Project Invoice Amount $19300.00
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
View 1 ** Actual Hi . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . .
Vendor. . 014161 NELSON, POPE & VOOR : W-03272007-684 Line: 287 Formula: 0
Y=Select : Account. . H3 .600
- JE Date Trx.Date Fund Account : Acct Desc ACCOUNTS PAYABLE
------------------------- Use Acti : Trx Date. . . . . 3/27/2007 SDT 3/26/07
9/05/2006 9/05/2006 H3 . 600 : Trx Amount. . . 1, 300 . 00
9/05/2006 9/05/2006 H3 . 600 : Description. . PHASE 1 ESA-ARRIETA
10/03/2006 10/03/2006 H3 . 600 : Vendor Code. . 014161
12/05/2006 12/05/2006 H3 . 600 : Vendor Name. . NELSON, POPE & VOORHIS,
12/19/2006 12/19/2006 H3 . 600 : Alt Vnd. .
1/02/2007 1/02/2007 B . 600 : CHECK. . . . . . . . 90510 SCNB
1/30/2007 1/30/2007 B . 600 : Invoice Code. 4726
3/27/2007 3/27/2007 B . 600 : VOUCHER. . . . . .
Y, 3/27/2007 3/27/2007 H3 . 600 : P.O. Code. . . . 16347
3/27/2007 3/27/2007 H3 . 600 : Project Code.
3/27/2007 3/27/2007 H3 . 600 : Final Payment F Liquid.
: Type of 1099 . M BOX. 07 Addl .
: Fixed Asset. . Y
: Date Released 3/27/2007
: Date Cleared.
-------- ---- -- --- - E : F3=Exit F12=Cancel
F2=Shift Up F3=Exit F10=Prev View
CANNOT FORWARD. END OF FILE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pte ,
FIDELITY NATIONAL TITLE INSURANCE COMPANY
• 24 Commerce Drive, Riverhead, New York 11901
d,3/.727-0600 fax 631-727-0606 p/
Title No.J7, 7110 `/-1 7373 -S Date y°�a
FEE INSURANCE COVERAGE I /X0 O/0Z1,90 PREMIUM
FAIR MARKET VALUE RIDER_(OPTIONAL) PREMIUM _ H�
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Arbitration
Residential
Adjmtable Rate Rider
NEW YORK STATE TRANSFERIMANSION TAX
MORTGAGE TAX(Mortgagee)
MORTGAGE TAX(Mortgagor)
COMMUNITY PRESERVATION FUND
SURVEY INSPECTION
• DEPARTMENTAL SEARCHES
STREET REPORT
ESCROW DEPOSIT
ESCROW DEPOSIT FEE
BANKRUPTCYSEARCH
PATRIOT SEARCH
RECORDING FEES: _ L
(J)DEED(S) 'r"/ .I '¢ t O. -
( )SATISFACTION(S)
( )MORI'GAGE(S)
( )CONSOLIDATION,EXTENSION&MODIFICATION AGREEMENT(S)
( )MORTGAGE AFFIDAVIT(S)
( )ASSIGNMENT(S)
TOTAL CHARGES S
CLOSER CHARGES,IF ANY: PICK-UP FEE L'
OTHER:
PATRICIA L.FALLON
• TITLE CLOSER
TOWN OF SOUTHOLD
50548 \
214
53095 MA114 ROAD
SOUTHOLD,NEW YORK 11971-0959 CLOSING 3/29090582 .
NO.
. THE SUFFOII(COUMYtUT10NRL flRNK
CUTCHWUE,NYtID%
DATE CHECK NO. AMOUNT
;'_ 03/29/2007 90582 $3 , 348 .'00
THREE 'THIOUSAND 'THREE HUNDRED FORTY EIGHT' AND_ 0'0/100 DOLLARS
PA1AY FIDELITY NATIONAL TITLE INS CO
QRDEA 24 COMMERCE DRIVE
°F j EAH AD NY 119'01
NP-
111090S8 2118 i:024405464o: 63 000004 Olin
H3 . 8660 . 2 . 600 . 100 16510 067373 TITLE POLICY-ARRIET 3 , 088 . 00
H3 . 8660 . 2 . 600 . 100 16510 067373 EASEMENT REC-ARRIETA 240 . 00
H3 . 8660 . 2 . 600 . 100 16510 067373 EASEMENT COPY-ARRIETA 20 . 00
TOTAL 3 , 348 . 00
•
•
TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
TOWN OF SOUTHOLD °=E
21.
53095 MAIN ROAD
a SOUTHOLD, NEW YORK 11971-0959 CLC59INg Jig 090581
-tag.
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CM HMUEI NN 1193$
DATE CHECKNp -AMOUNT
03/29/2007 9bsS ? $100 . 00
ONE BUNDRED ;AND 00/100 DOLLARS
11
'PA, ,'-PATRi'CI1 ,EALLON
pof � "gT3Z' F� .OAK LANE
,-6ur,' TpN NY 11968
009058 ill• 1:0 2 i405464l: 63 000004 011'
VENDOR 006013 PATRICIA FALLON
� p 2007 p p�y�
E�1T4D C�ISC T L E E) iwozofeH BESeRIPT±15 y VV1V1
H3 . 8660 . 2 . 600 . 100 067373 TITLE CLOSER-ARRIETA 100 . 00
TOTAL 100 . 00
•
•
TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
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111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP Recorded: 04/04/2007
Number of Pages: 14 At: 11:00 :06 AM
Receipt Number : 07-0032460
TRANSFER TAX NUMBER: 06-28724 LIBER: D00012499
PAGE: 272
District: Section: Block: Lot:
1000 094 . 00 03 . 00 001. 003
EXAMINED AND CHARGED AS FOLLOWS
•ed Amount: $780, 000 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $42 . 00 NO Handling $5 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $5 .00 NO Notation $0 . 00 NO
Cert.Copies $9 .10 NO RPT $30 . 00 NO
SCTM $0 .00 NO Transfer tax $0 . 00 NO
Comm.Pre s $0 . 00 NO
Fees Paid $111.10
TRANSFER TAX NUMBER: 06-28724
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
WE
Li
�LI APR 2 5 2007
DEPT OF LAND
D
11 F2
Number of pages 11:11q.,l6 P1
• TORRENS
Serial#
L •J0_!i_,1,y
Certificate# _
- to
Prior CIS.#
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee
This document will be public Mortgage Amt.5. oo record. Please remove all
I. Basic Tax
Handling Additional Tax
TP-584
Social Security Numbers Sub Total
prior to recording. Spec./Assit.
Notation
or
EA-52 17 (County) Sub Total Spec./Add.
EA-5217(State) TOT. MFG.TAX
Dual Town Dual County
R.P.T.S.A. ` Held for Appointment
.
Comm.of Ed. 5. 00 � '�.� z �" Transfer Tax
Mansion Tax
Affidavit
The property property covered by this mortgage is
Certified Copy )0 or will be improved by a one or two
NYS Surcharge 15. W family dwelling only.
Sub Total YES or NO_
�Other I Grand Total - _ If NO, see appropriate tax clause on
P� page#_ of this instrument.
d
4 Dist./4-n Section 09t{,OD Block 03.on Lot G6/.o0.3 5 Community Preservation Fund
Real Property 1000 09400 0300 001003-lot-0 Consideration Amount $ 78QdM-6�
Tax Service
Agency R A CPF Tax Due
fication
Veri
04-APR-07 Improved
Vacant Land
6 Sat isfactions/Discharges/Releases List Property Owners Mailing Address
RECORD& RETURN TO: TD 4D
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Po 26K lrty
Sa u77do�o t A/V 1197/
7 Title Company� Information
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Co. Name A/D -/TA(Ti6n/A� 'TTCE
Title# 07-74 N— G 7.37
81 Suffolk County Recording & Endorsement Page
This page forms pan of the attached <j40,vr 4G QEI/EZdOrYlE1lY &1,17Y .F%SE777WT made by:
(SPECIFY TYPE OF INSTRUMENT)
A(Lill-) 4,(,C)E77) The premises herein is situated in
SUFFOLK COUNTY, NEW YORK,
TO In the Township of �'7UD!-.O
/ OlU/.l D6 �o G( AO _ In the VILLAGE
_.. _ or H A M LET of___- n AT ( V��
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GRANT OF DEVELOPMENT RIGHTS EASEMENT
. THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of ' A , 2007 at Southold, New York. The parties are ALLAN
ARRIETA, c/o Kevin McLaughlin, Esq. 44020C Middle Road, Southold, New
York 11971 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a
municipal corporation, having its principal office at 53095 Main Road, P.O.
Box 1179, Southold, New York (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM# 1000-94-3-1.3 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by John
C. Ehlers Land Surveyor, dated January 30, 2007 and last revised March 5,
2007, and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
• agricultural production as defined in this Easement; and
WHEREAS, the Property is currently undeveloped and in a fallow
condition; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
• NOW THEREFORE, in consideration of SEVEN HUNDRED AND EIGHTY
THOUSAND Dollars ($780,000.00) and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant, transfer, bargain, sell and
convey to the Grantee a Development Rights Easement, in gross, which shall
• be binding upon and shall restrict the premises shown and designated as the
Property herein, more particularly bounded and described on Schedule "A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
• New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of Environmental Conservation
Law Article 49-0301, et. seq. and General Municipal Law Section 247. Similar
recognition by the federal government includes Section 170(h) of the
Internal Revenue Code and other federal statutes.
•
2
0.05 Documentation
• Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated January 30, 2007 last revised March 5, 2007
prepared by John C. Ehlers Land Surveyor, and a Phase 1 Environmental
Site Assessment dated January 18, 2007 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
• agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code of the
Town of Southold (the "Code") and as provided in this easement.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
3
ARTICLE TWO
• SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including walkways. Structures shall not include trellis, fences,
posts and wiring, farm roads or farm irrigation systems, or fencing used in
connection with bonafide agricultural production, including without limitation
fencing to keep out predator animals. Approvals for these shall be as
required by applicable provisions of the Town Code.
• 3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property or in connection with necessary drainage or soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, or in
connection with normal agricultural/horticultural activities, without the prior
written consent of Grantee.
3.03 Subdivision
The Property may not be subdivided pursuant to Town Law Sections 265, 276 or
277 or Section 335 of the Real Property Law, as they may be amended, or any other
applicable State or local law. "Subdivision"shall include the division of the Property
into two or more parcels, in whole or in part. Notwithstanding this provision, the
underlying fee interest may be divided by conveyance of parts thereof to heirs or next
of kin by will or operation of law. Further, notwithstanding the restrictions contained in
this 3.03, Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by the Town Code, reconfigure existing property
lines for the purpose of incorporating adjacent or contiguous parcels into the Property
for the purpose of agricultural production. All resulting parcels must be at least 7 acres
of preserved land.
•
4
3.04 Dumping
• The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization, composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property
shall be prohibited without the prior written consent of the Grantee, except
for drywells, drainage or systems used to service permitted agricultural or
conservation uses on the Property. Utilities must, to the extent possible, be
constructed within 30 feet of the centerline of any roads or driveways, and
• may be used to service the permitted structures on the Property or on any
reconfigured parcels created pursuant to Section 3.03 herein.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or industrial use, shall be prohibited. For the purposes of this
section, agricultural production, as that term is referenced in Section 247 of
the General Municipal Law and/or defined in Chapter 70 of the Town Code,
shall not be considered a commercial use. No improvements or activity
inconsistent with current or future agricultural production shall be permitted
on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices.
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service permitted structures on the Property. The use
of the Property for a drainage basin or sump shall be prohibited, except in
• accordance with sound agricultural management practices and in order to
control flooding or soil erosion on the Property.
3.10 Development Rights
• The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
• Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property.
Grantor shall have the right to remove or restore trees, shrubs, or other
vegetation when dead, diseased, decayed or damaged or interfering with
agricultural production.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 70 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
• Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
6
(i) Underground facilities used to supply utilities solely for the
• use and enjoyment of the Property;
(ii) New construction, structures, provided such structures are
used for agricultural production;
(iii) Renovation, maintenance and repair of existing structures
or those built pursuant to this Section 4.06, provided the
purpose of the structure remains agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements impractical, erection of a structure of comparable size, use,
and general design to the damaged structure shall be permitted in kind and
• within the same general location subject to the review and written approval
of Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
interest in the Property but only subject to this Easement. Grantor shall
promptly notify Grantee of any conveyance of any interest in the Property,
including the full name and mailing address of any transferee, and the
individual principals thereof, under any such conveyance. The instrument of
any such conveyance shall specifically set forth that the interest thereby
conveyed is subject to this Easement, without modification or amendment of
• the terms of this Easement, and shall incorporate this Easement by
reference, specifically setting forth the date, office, liber and page of the
7
recording hereof. The failure of any such instrument to comply with the
provisions hereof shall not affect Grantee's rights hereunder.
• ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments
subject, however, to Grantor's right to grieve or contest such assessment
and defer payment pending such action. The failure of Grantor to pay all
such taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests acquired
herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Grounds Maintenance Requirement
• Grantor may remove or restore trees, shrubs or other vegetation when
dead, diseased, decayed or damaged and may thin and prune trees.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, not more frequently than annually, and
in a manner that will not interfere with Grantor's quiet use and enjoyment of
the Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee shall
not have the right to enter upon the Property for any other purposes, except
as provided in Section 6.03, or to permit access upon the Property by the
public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
• prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
8
• 6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
• and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably accomplished within
15 days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or three business days after the date of its mailing.
6.05 No Waiver
• Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
9
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
• remedy or relief at any other time.
6.06 Extinguishment/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it
determines that conditions surrounding the Property have changed so much that it
becomes impossible to fulfill the Purpose of this Easement described in Section 0.03,
extinguish or modify this Easement in accordance with applicable law. In that case, the
mere cessation of farming on the Property shall not be construed to be grounds for
extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or condemned
by eminent domain, by the Grantee or by any other governmental entity, then this
Easement shall terminate with respect to the Property, or portions thereof so taken or
condemned, and the Property shall not be subject to the limitations and restrictions of
this Easement. In such event, the Grantor, its successors or assigns, shall not be
required to pay any penalties, but the value of the Property shall reflect the limitations
of this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open space value
of the Property and if the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be payable to the
Grantee in proportion to the value attributable to the development rights transferred
hereby.
ARTICLE SEVEN
MISCELLANEOUS
• 7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Conservation Easement may be amended only with the written consent of
Grantee and current Grantor. Any such amendment shall be consistent with the
Purpose of this Easement and shall comply with all applicable law and any regulations
promulgated thereunder. Any such amendment shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 25 or 59, as
applicable, of the Town Code of the Town of Southold, following a public
• hearing and, thereafter, ratified by a mandatory referendum by the electors
of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of the
io
property rights or interests which were acquired by the Town prior to any
such amendment.
7.04 Severabilitv
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
• designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property, or to use images of
the property for commercial gain.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
7.11 Proceeds
• The grant of this Easement gives rise to a property right, immediately
vested in Grantee, which, for purposes of calculating proceeds from a sale or
other disposition of the Property as contemplated under Section 6.06
("Extinguishment of Easement'), shall have a value equal to a percentage of
the value of the Property unencumbered by this Easement (the
"Proportionate Share"). The Proportionate Share is determined by dividing
the value of this Easement, calculated as of the date hereof, by the
unencumbered value of the Property, also calculated as of the date hereof.
The Proportionate Share shall remain constant (subject to reasonable
adjustment to the extent permissible under Section 170(h) of the Internal
Revenue Code for any improvements which may hereafter be made on the
Property).
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
C V�6 DANPA
AL TA
S. vNcLA GNL/f� FFl3 A 0"ey iN
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD(Grantee)
• BY: w
Scott A. Russell
Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On thisarl day of 0,l&* in the year 2007 before me, the undersigned, personally
appea red.TA�2VI A//IJc,(B&ALiZA/ personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signatures) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Public
/ PATRICIA L FALLOM
fNe
/v/PAT RI c1A L. FACCOM Notary Publio St,"Of Newyork
No. 01FA49501 o
Qualliied In fiuitolk County g� _
STATE OF NEW YORK ) Commission Expires April 24, owg
COUNTY OF SUFFOLK ) SS:
On this dl day of MAe# in the year 2007 before me, the undersigned, personally
appeared Scott A. Russell, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or
• the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public PATRICIA L FALLON
��� Notary Puhkr a �('t Flaw York
ATR I of A L. F/��ca/� No r
aK) m f_ << •unty
ND. 01 FA 12 Com.i iv ion m r ,il 24, 0 7
�VAL.Su�FD✓.1C � "
Fidelity National Title Insurance Company
TITLE NO. 07-7404-67373-SUFF
• SCHEDULE A-I (Description)
RE-AMENDED 3/8/07
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
i
BEGINNING at a point on the northwesterly side of Oregon Road at the southwesterly corner of the premises herein
described; said point being distant the following three courses and distances from the corner formed by the intersection of
the northwesterly side of Oregon Road and the easterly side of Elijah's Lane;
1. North 53 degrees 08 minutes 10 seconds West along a tie line, 56.81 feet;
2. North 63 degrees 53 minutes 30 seconds East along the northwesterly side of Oregon Road 150.00 feet to the
southeasterly corner of premises of land now or formerly of Badagliacca;
3. North 63 degrees 54 minutes 30 seconds East still along the northwesterly side of Oregon-Road 216.86 feet to the true
point or place of beginning;
THENCE North 26 degrees 13 minutes 40 seconds West 224.20 feet;
THENCE South 64 degrees 20 minutes 00 seconds West 189.66 feet;
THENCE North 25 degrees 40 minutes 00 seconds West 355.20 feet;
THENCE South 64 degrees 20 tninutes 00 seconds West 175.00 feet to land now or formerly of Rowehl;
THENCE North 25 degrees 40 tninutes 00 seconds West along last mentioned land 767.70 feet to land now or formerly of
Peconic Land Trust and Town of Southold;
THENCE North 63 degrees 25 minutes 10 seconds East along last mentioned land 375.76 feet to land now or formerly of
Jorg Menger;
THENCE South 26 degrees 13 minutes 40 seconds East along last mentioned land 1647.96 feet to the northwesterly side
Of Oregon Road;
THENCE South 63 degrees 54 minutes 30 seconds West along the northwesterly side of Oregon Road 25.00 feet to the
point or place of BEGINNING.
THE POLICY TO RE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY. Together with all the right, tide and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining suid premises.
S('HED(' (Uescriptionj
RvN (03104)
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FA RESOLUTION 2013-372
ADOPTED DOC ID: 8785
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-372 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 7, 2013:
WHEREAS, on March 29, 2007, the Town of Southold purchased development rights from
Allan Arrieta for premises designated as SCTM# 1000-94-3-1.3, located on Oregon Road,
Mattituck; and
WHEREAS, Fidelity National Title Insurance Company recently discovered an error on the
survey dated January 30, 2007 and last revised March 5, 2007,prepared by John C. Ehlers Land
Surveyor, while reviewing the survey for an adjacent parcel; and
WHEREAS, due to the error on the above-referenced survey, an amended survey amended
Schedule "A" metes and bounds description, and a correction of Grant of Development Rights
Easement must be prepared so that the official records reflect the correct dimensions of the
Town's development rights easement;NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Southold hereby authorizes Supervisor Scott
A. Russell to sign any and all documents necessary to correct the legal description for the
property, including a Correction Grant of Development Rights Easement and any required
recording documents, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
`SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty,Talbot, Evans, Russell
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/11/2014
Number of Pages : 20 At: 04 : 06:24 PM
Receipt Number : 14-0030158
TRANSFER TAX NUMBER: 13-20749 LIBER: D00012766
PAGE : 565
District: Section: Block: Lot:
1000 100 .00 02 . 00 008 .000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $100 . 00 NO Handling $20.00 NO
COE $5. 00 NO NYS SRCHG
$15.00 NO
TP-584 $5 .00 NO Notation
$0.50 NO
Cert.Copies $25. 00 NO RPT $60.00 NO
Transfer tax $0 .00 NO Comm.Pres $0.00 NO
Fees Paid $230.50
TRANSFER TAR NUMBER: 13-20749
THIS PAGE IS A PART OF,THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Id]
't?;.... RECORDED
,tuber of pages i 2014 Mar 11 04:06:24 PM
JUDITH R. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L 000062766
P 565
Social Security Numbers DT# 1-20745
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Reco{ding/Filing Stamps
3
p� aBEs
Page/Filing Fee 100 Mortgage Amt.
Handling 20. 00 1. Basic Tax
TP-584 �- 2. Additional Tax
Sub Total
Notation 'P� SpecJAssit. _
EA-52 17(County) or
Sub Total
Spec./qdd._
EA-5217(State) TOT.MTG.TAX '
R.P.T.SA. SAY Dual Town_Dual County_
Comm.of Fd. 5, 00 pl4 Held for Appointment:
Transfer Tax (% _
Affidavit Mansion Tax
ertified Cop The property covered by this mortgage i
NYS Surcharge 15. 00 _ - or will be improved by a one or tSurcharge Sub Total /c 5 family dwelling only.
Other YES or NO
Grand Total 60 If NO,see appropriate tax clause on
'' page# o this' ent.
4 Dist.lDnn Secrnn1R3o.n u, ,. .no 7of 0-3 5 CommunityPreservationFund
Real Pr( 2688483 1000 10000 0200 008000
.Tax Se. T 11BU Ipm� �I�p lYp la���p Consideration Amount$
Ver fies R Drr AI MAgn IgM�I IpINI lulml IIU�II CPF Tax Due $
o7-MAR-1
6 Sah,._.„.,.,,.,,,,.,,,,,,,, r,..neieases List rroperty Owners Mailing Address Improved
—
RECORD&RETURN TO: Vacant Land t,.r•.
/�/ O(,uN OrJUcc�.o•l��Q TD
�TTN. ,—ANl7 Pr-e-Se f'V4TiON �(]p10'T� TO
R o• (`?max 11-g
Nom( L !°t-7(' - TO
Mail to:Judith A. Pascale, Suffolk County Clerk T Title Com an Information
310 Center Drive, Riverhead, NY 11901
ww.suffolkcontyny.gov/clerk _Co.Name ,
Title# 11- 7205L10907-5,-Tr
8 Suffolk. County Recording & Endorsement PaLre
This page forms part of the attached('o l lore rr--_ QT.. EAX ,!17— Corriec'r»N
(SPECIFY TYPE OF INSTRUMENT) made by:
A I The premises herein is situated in
SUFFOLK COUNTY,NEWYORK.
TO In the TOWN of �lO�n .o I cQ .
p (cp In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
n.o,oa..,ome&
(over)
CORRECTION
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS CORRECTION DEED OF DEVELOPMENT RIGHTS EASEMENT, is
made on the day of Iy�r, 2014 at Southold, New York. The
parties are ALLAN ARRI ETA, c o Kevin AcLaughlin, Esq. 44020C Middle
Road, Southold, New York 11971 (herein called "Grantor"), and the.TOWN
OF SOUTHOLD, a municipal corporation, having its principal office at 53095 M I197J
Main Road, P.O. Box 1179, Southold, New Yor0therein call "Grantee"). This
correction Grant of Development Rights Easement is being given to correct
the metes and bounds description in the Grant of Development Rights
Easement recorded in L 12499 p 272.
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as
SCTM# 1000-94-3-1.13 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by John
C. Ehlers Land Surveyor, dated January 30, 2007 and last revised March 5,
2007, a reduced copy of which is attached hereto and made a part hereof,
and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently undeveloped and in a fallow
condition; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
1
'protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant.
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of SEVEN HUNDRED AND EIGHTY
THOUSAND Dollars ($780,000.00) and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby
acknowledged,* the Grantor does hereby grant, transfer, bargain, sell and
convey to the Grantee a Development Rights Easement, in gross, which shall
be binding upon and shall restrict the premises shown and designated as the
Property herein, more particularly bounded and described on Schedule°A"
annexed hereto and made a part of this instrument.
TO HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
,I representatives, successors and assigns, hereby covenants and agrees as
follows:
i
i
The Consideration recited herein has previously been paid.
2
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section '64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements, .
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through .
conservation restrictions by the enactment of Environmental Conservation
Law Article 49-0301, et. seq. and General Municipal -Law Section 247. Similar
recognition by the federal government includes Section 170(h) of the
Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
3
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated January 30, 2007 last revised March 5, 2007
prepared by John C. Ehlers Land Surveyor, and a Phase 1 Environmental
Site Assessment dated January 18, 2007 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it. .
! ARTICLE ONE
3 -
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code of the
Town of Southold (the "Code") and as provided in this easement.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
4
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors,.and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,'
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including walkways. Structures shall not include trellis, fences,
posts and wiring, farm roads or farm irrigation systems, or fencing used in
connection with bonafide agricultural production, including without limitation
fencing to keep out predator animals. Approvals for these shall be as
required by applicable provisions of the Town Code.
3.02 Excavation and Removal of Materials: Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property or in connection with necessary drainage or soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
5
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
I place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, or in
connection with normal agricultural/horticultural activities, without the prior
written consent of Grantee.
3.03 Subdivision
The Property may not be subdivided pursuant to Town Law Sections 265, 276 or
277 or Section 335 of the Real Property Law, as they may be amended, or any other
applicable State or local law. "Subdivision"shall include the division of the Property
into two or more parcels, in whole or in part. Notwithstanding this provision, the
underlying fee interest may be divided by conveyance of parts thereof to heirs or next
of kin by will or operation of law. Further, notwithstanding the restrictions contained in'
this 3.03, Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by the Town Code, reconfigure existing property
lines for the purpose of incorporating adjacent or contiguous parcels into the Property
for the purpose of agricultural production. All resulting parcels must be at least 7 acres
of preserved land.
j 3.04 Dumping
I -
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization, composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
6
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property
shall be prohibited without the prior written consent of the Grantee, except
for drywells, drainage or systems used to service permitted agricultural or
conservation uses on the Property. Utilities must, to the extent possible, be
constructed within 30 feet of the centerline of any roads or driveways, and
may be used to service the permitted structures on the Property or on any
reconfigured parcels created pursuant to Section 3.03 herein.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or industrial use, shall be prohibited. For the purposes of this
section, agricultural production, as that term is referenced in Section 247 of
the General Municipal Law and/or defined in Chapter 70 of the Town Code,
shall not be considered a commercial use. No improvements or activity
inconsistent with current or future agricultural production shall be permitted
on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers; pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices.
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service permitted structures on the Property. The use
of the Property for a drainage basin or sump shall be prohibited, except in
accordance with sound agricultural management practices and in order to
control flooding or soil erosion on the Property.
3.10 Development Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
7
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property.
Grantor shall have the right to remove or restore trees, shrubs, or other
vegetation when dead, diseased, decayed or damaged or interfering with
agricultural production.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 70 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
8
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, structures, provided such structures are
used for agricultural production;
(iii) Renovation, maintenance and repair of existing structures
or those built pursuant to this Section 4.06, provided the
purpose of the structure remains agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to-the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal "
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements impractical, erection of a structure of comparable size, use,
and general design to the damaged structure shall be permitted in kind and
within the same general location subject to the review and written approval
of Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
9
could adversely affect the environmental, scenic, open space, and
i agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
interest in the Property but only subject to this Easement. Grantor shall
promptly notify Grantee of any conveyance of any interest in the Property,
including the full name and mailing address of any transferee, and the
individual principals thereof, under any such conveyance. The instrument of
any such conveyance shall specifically set forth that the interest thereby
conveyed is subject to this Easement, without modification or amendment of
the terms of this Easement, and shall incorporate this Easement by
reference, specifically setting forth the date, office, fiber, and page of the
recording hereof. The failure of any such instrument to comply with.the
provisions hereof shall not affect Grantee's rights hereunder.
"ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments
subject, however, to Grantor's right to grieve or contest such assessment
and defer payment pending such action. The failure of Grantor to pay all
such taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests acquired
herein by Grantee.
10
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from'any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Grounds Maintenance Requirement
Grantor may remove or restore trees, shrubs or other vegetation when
dead, diseased, decayed or damaged and may thin and prune trees.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, not more frequently than annually, and
in a manner that will not interfere with Grantor's quiet use and enjoyment of
the Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee shall
not have the right to enter upon the Property for any other purposes , except
as provided in Section 6.03, or to permit access upon the Property by the
public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
11
6 03 Enforcement Rights of Grantee
r
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within 15 days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
12
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or three business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it
determines that conditions surrounding the Property have changed so much that it
becomes impossible to fulfill the Purpose of this Easement described in Section 0.03,
extinguish or modify this Easement in accordance with applicable law. In that case, the
mere cessation of farming on the Property shall not be construed to be grounds for
extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or condemned
by eminent domain, by the Grantee or by any other governmental entity, -then this
Easement shall terminate with respect to the Property, or portions thereof so taken or
condemned, and the Property shall not be subject to the limitations and restrictions of
this Easement. In such event, the Grantor, its successors or assigns, shall not be
required to pay any penalties, but the value of the Property shall reflect the limitations
of this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open space value
of the Property and if the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be payable to the
Grantee in proportion to the value attributable to the development rights transferred
hereby.
13
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Conservation Easement may be amended only with the written consent of
Grantee and current Grantor. Any such amendment shall be consistent with the
Purpose of this Easement and shall comply with all applicable law and any regulations -
promulgated thereunder. Any such amendment shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 25 or 59, as
applicable, of the Town Code of the Town of Southold, following a public
hearing and, thereafter, ratified by a mandatory referendum by the electors
of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of the
property rights or interests which were acquired by the Town prior to any
such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
14
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property, or to use images of
the property for commercial gain.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 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.
15
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
7.11 Proceeds
The grant of this Easement gives rise to a property right, immediately
vested in Grantee, which, for purposes of calculating proceeds from a sale or
other disposition of the Property as contemplated under Section 6.06
("Extinguishment of Easement"), shall have a value equal to a percentage of
the value of the Property unencumbered by this Easement (the
"Proportionate Share"). The Proportionate Share is determined by dividing
the value of this Easement, calculated as of the date hereof, by the
unencumbered value of the Property, also calculated as of the date hereof. .
The Proportionate Share shall remain constant (subject to reasonable
adjustment to the extent permissible under Section 170(h) of the Internai
Revenue Code for any improvements which may hereafter be made on the
Property).
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
SAC K OW GED AND CC P 1_
ALLAk, RIETA, by 7. Ke
McLaughlin, his attorney-in-fact
ACKNOWLEDGED AND ACCEPTED:
TOWN =D(Grantee)
BY:
ScotY A. Russell
Supervisor
16
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
r
On this, °j day of January in the year 2014 before me, the undersigned,
personally appeared J. Kevin McLaughlin personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
Notary Public
ROBERT DEMESE
taw.a:nEsa3MV
Cavmi6sh v E-Mras Qdcbw2@. ANY
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
Sf- �-
I 3� On this 3) day of January in the year 2014 before me, the undersigned,
personally appeared Scott A. Russell, personally known to me or proved to me-on the
basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,
the individual(s), or the person upon behalf of which the individual(s) acted, executed
the instrument.
Notary Oublic
Lovrers M. 5f'c vi31 stn
fAUREN M.$TANCU"
ft"ftbNo.Stab af ft t S SI® 008 Oki 5T6 16 Y00g
C W Med In Suffolk
00M469"EWM A %20`15
Afri 1 41 1015
17
Fidelity National Title Insurance Company
TITLE NO.F13.7404-90207-SUFF
SCHEDULE A-1 (Description)
AMENDED 11/4/13
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and
State of New York, known as Lot 2 on a certain map entitled, "Map of Conservation Subdivision of Oregon Road Parcel"
filed in the Office of the Clerk of the County of Suffolk on 06/25/2009 as Map No. 11709, bounded and described as
follows:
BEGINNING at a point on the Northwesterly side of Oregon Road at the Southwesterly corner of the premises herein
described; said point being distant the following three courses and distances from the corner formed by the intersection of
the Northwesterly side of Oregon Road and the Easterly side of Elijah's Lane;
1. North 53 degrees 08 minutes 10 seconds West along a tie line,56.81 feet;
2. North 63 degrees 53 minutes 30 seconds East along the Northwesterly side of Oregon Road 150.00 feet to the
Southeasterly corner of premises of land now or formerly of Badagliacca;.
3.North 63 degrees 54 minutes 30 seconds East still along the Northwesterly side of Oregon Road 216.86 feet to the true
point or place of beginning;
THENCE North 26 degrees 13 minutes 40 seconds West 224.20 feet;
THENCE South 64 degrees 20 minutes 00 seconds West 189.66 feet;
THENCE North 25 degrees 40 minutes 00 seconds West 650.24 feet;
THENCE South 64 degrees 20 minutes 00 seconds West 175.00 feet to land now or formerly of Rowehl;
THENCE South 25 degrees 40 minutes 00 seconds East,along last mentioned land,296.20 feet;
THENCE North 63 degrees 53 minutes 30 seconds East, 150.00 feet;
THENCE South 25 degrees 40 minutes 00 seconds East,581.00 feet to the Northwesterly side of Oregon Road;
THENCE North 63 degrees 54 minutes 30 seconds East, along the Northwesterly side of Oregon Road,216.86 feet to the
point or place of BEGINNING.
THF.POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONYFYANCING ONLY: Together with all the right, title and interest of the porly ofthe first part, of in and to the land lying
in the street infront of and adjoining said premises.
SCIIEDULEA-1 (Description)
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•
_ Owner's Policy of Title Insurance
Fidelity National Title Insurance Company
A Stock Company
Policy Number
27-31 -92- 491285
i
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITYNATIONAL TITLE INSURANCE COMPANY, a
California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of.
I. 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, atiornevs'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, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Fidelity National Title Insurance Company
BN
SEAL, I PnsiJem
Countersig
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A-111orized Signature Scc'n-Inrc
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I1 Fidelity National Title Insurance Company
Policy No.: 27-31-92-491285 Title No.: 07-7404-67373-SUFF
SCHEDULE A
Amount of Insurance: $780,000.00 Date of Policy: March 30, 2007 at 9:00 AM
I. Name of Insured:
Town of Southold
2. The estate or interest in the land which is covered by this policy is:
Development Rights Easement
3. Title to the estate or interest in the land is vested in:
Town of Southold
by means of a Grant of Development Rights Easement from Allan Arrieta dated March 29,2007 and recorded in the Suffolk
County Clerk's Office on April 4,2007 in Liber 12499 cp 272.
4. The land referred to in this policy is described as follows:
See Schedule A-I (Description), following.
Schedule V 0"ner'e Policy Page I
Rcr r(1�'i..li
a Fidelity National Title Insurance Company
Policy No: 27-31-92-491285 Title No.: 07-7404-67373-SUFF
SCHEDULE A-1
Description
RE-AMENDED 3/8/07
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road at the southwesterly corner of the premises herein
described; said point being distant the following three courses and distances from the corner formed by the intersection of
the northwesterly side of Oregon Road and the easterly side of Elijah's Lane;
1. North 53 degrees 08 minutes 10 seconds West along a tie line, 56.81 feet;
2. North 63 degrees 53 minutes 30 seconds East along the northwesterly side of Oregon Road 150.00 feet to the
southeasterly corner of premises of land now or formerly of Badagliacca;
3. North 63 degrees 54 minutes 30 seconds East still along the northwesterly side of Oregon Road 216.86 feet to the true
point or place of beginning;
THENCE North 26 degrees 13 minutes 40 seconds West 224.20 feet;
THENCE South 64 degrees 20 minutes 00 seconds West 189.66 feet;
THENCE North 25 degrees 40 minutes 00 seconds West 355.20 feet;
THENCE South 64 degrees 20 minutes 00 seconds West 175.00 feet to land now or formerly of Rowehl;
THENCE North 25 degrees 40 minutes 00 seconds West along last mentioned land 767.70 feet to land now or formerly of
Peconic Land 'Frust and Town of Southold;
THENCE North 63 degrees 25 minutes 10 seconds East along last mentioned land 375.76 feet to land now or formerly of
Jorg Menger;
THENCE South 26 degrees 13 minutes 40 seconds East along last mentioned land 1647.96 feet to the northwesterly side
of Oregon Road;
THENCE South 63 degrees 54 minutes 30 seconds West along the northwesterly side of Oregon Road 25.00 feet to the
point or place of BEGINNING.
•
Schedule A-I (Dcscriplion) Ooner's Pnlicy Paget
I:cc (f),0.11
Fidelity National Title Insm-Ance Company
Policy Number: 27-31-92-491285 Title No.: 07-7404-67373-SUFF
SCHEDULE B -PART I
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
1. Rights of tenants and persons in possession.
2. Declaration of Covenants & Restrictions in Liber 10823 cp 219.
3. Declaration of Covenants & Restrictions in Liber 11799 cp 516.
4. Survey made by John C. Ehlers Land Surveyor dated 1/30/07 revised 3/5/07 covering premises and more, shows
as to subject premises: vacant land.
5. 2006/2007 Town and School taxes, Second half.
•
•
Schedule n O"Ilel S I'ulicc I'nec?
Fidelity National Title Insurance Company
E
OWNER'S POLICY
Attached to and forming a part of Policy No. 27-31-92-491285
of FIDELITY NATIONAL TITLE INSURANCE COMPANY
The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or
which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
The following is added to Paragraph 7 to 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 incumbrances, except real estate taxes, assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly
stated.
This endorsement, when countersigned below by validating signatory, is made a part of the policy and is subject to all the Exclusions
from Coverage, Schedules, Conditions and Stipulations therein,except as modified by the provisions hereof.
• IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized
signatory and countersigned on the date hereinafter set forth.
Signed and Sealed: March 30, 2007.
Countersigned: Fidelity National Title Insurance Company
N® RiiESi
BY:
•
Standard 0,ener Police(9/I N7)a/AI TA O�c lie r's(10/17/92)
Rev. (11'1101)(0)"ner I"'11,�o 11
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,corm,attorneys'fees or expenses which
arise by reason of:
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulatlog,prohibiting
or relating to(I)the occupancy,use,or enjoyment of the land;(if)the character,dimensions or fondle,of any improvement now or handler erected on the land;
(fit)a separation in ownership or a change in the dimensions or am of the land or any parcel of which the land Is or was a part;or(Iv)environmental protection,
or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of
• a defect, lien or encumbrance malting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental pollee power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances, adverse claims or other matters:
(a) crated, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(dl attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state
insolvency, or similar creditors' rights law, that is based on:
(I) the transaction creating the estate or interest insured by this polity being deemed a fraudulent conveyance or fraudulent transfer, or
(if) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except when the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
L DEFINITION OF TERMS reasonable cause)to represent the insured as to those stated anuses of action and
The following terms when used in this policy mean: shall not be liable for and will not pay the fees of any other counsel.The Company
(a) "insured": the insured named in Schedule A,and, subject to any rights or will not pay any fees,costs or expenses incurred by the insured in the defense of
defenses the Company would have had against the named insured,those who suc- those causes of action which allege matters not insured against by this policy.
teed to the interest of the named insured by operation of law as distinguished from (b)The Company shall have the right,at its own cost,to institute and prosecute
purchase including,but not limited to,heirs,distributees,devisees,survivors,per- any action or proceeding or to do any other act which in its opinion may be necessary
sonal representatives, next of kin, or corporate or fiduciary successors. or desirable to establish the title to the estate or interest, as insured,or to prevent
(b) 'insured claimant": an insured claiming loss or damage. or reduce loss or damage to the insured. The Company may take any appropriate
(c) "knowledge"or "known": actual knowledge, not constructive knowledge action under the terms of this policy, whether or not it shall be liable hereunder,
or notice which may be imputed to an insured by reason of the public records as and shall not thereby concede liability or waive any provision of this policy. If the
defined in this policy or any other records which impart constructive notice of mat. Company shall exercise its rights under this paragraph, it shall do so diligently.
ters affecting the land. (c)Whenever the Company shall have brought an action or interposed a defense
(d) "land": the land described or referred to in Schedule A,and improvements as required or permitted by the provisions of this policy,the Company may pursue
•affixed thereto which by law constitute real property. The term "land" does any litigation to final determination by a court of competent jurisdiction and ex-
not include any property beyond the lines of the area described or referred to in pressly reserves the right, in its sole discretion, to appeal from any adverse judg-
Schedule A,nor any right,title,interest,estate or easement in abutting streets,roads, ment or order.
avenues,alleys,lanes,ways or waterways,but nothing herein shall modify or limit
the extent to which a right of access to and from the land is insured by this policy. (d)In all cases where this policy permits or requires the Company to prosecute
(e)"mortgage": mortgage,deed of trust,trust deed,or other security instrument. or provide for the defense of any action or proceeding, the insured shall secure
(f) "public records": records established under state statutes at Date of Policy to the Company the right to so prosecute or provide defense in the action or pro-
for the purpose of imparting constructive notice of matters relating to real property ceeding, and all appeals therein,and permit the Company to use,at its option, the
to purchasers for value and without knowledge. With respect to Section I(a)(iv) name of the insured for this purpose. Whenever requested by the Company, the
of Exclusions From Coverage,"public records"shall also include environmen- insured, at the Company's expense, shall give the Company all reasonable aid (i)
tal protection liens filed in the records of the clerk of the United States district court in any action or proceeding, securing evidence, obtaining witnesses, prosecuting
for the district in which he land is located. or defending the action or proceeding,or effecting settlement,and(ii)in any other
(g) "unmarketability of the title": an alleged or apparent matter affecting the lawful act which in the opinion of he Company may be necessary or desirable to
tide to the land, not excluded or excepted from coverage, which would entitle a establish the title to the estate or interest he insured.quire If the Company is prejudiced
purchaser of the estate or interest described in Schedule A to be released from the obligations to he insured under he policy the shall terminates including a Company's ai y
obligation to purchase by virtue of a contractual condition requiring the delivery g y g y
of marketable title. or obligation i defend, prosecute, or continue any litigation, with regard to the
matte
matter or =tiers requiring such cooperation.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE S. PROOF OF LOSS OR DAMAGE
The coverage of this policy shall continue in force as of Date of Policy in favor In addition to and after the notices required under Section 3 of these Conditions
of an insured only so long as the insured retains an estate or interest in the land, and Stipulations have been provided the Company,a proof of loss or damage signed
or holds an indebtedness secured by a purchase money mortgage given by a pur- and sworn to by the insured claimant shall be furnished to the Company within
chaser from the insured,or only so long as the insured shall have liability by reason 90 days after the insured claimant shall ascertain the facts giving rise to the loss
of covenants of warranty made by the insured in any transfer or conveyance of or damage. The proof of loss or damage shall describe the defect in, or lien or
the estate or interest. This policy shall not continue in force in favor of any pur- encumbrance on the tide,or other matter insured against by this policy which con-
chaser from the insured of either(it an estate or interest in the land, or(it)an in- stitutes the basis of loss or damage and shall state,to the extent possible,the basis
debtedness secured by a purchase money mortgage given to he insured. of calculating the amount of he loss or damage. If the Company is prejudiced by
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT the failure of the insured claimant to provide the required proof of loss or damage,
The insured shall notify the Company promptly in writing(it in case of any litiga- the Company's obligations to the insured under the policy shall terminate,including
tion as set forth in Section 4(a)below, (ii)in case knowledge shall come to an in- any liability or obligation to defend,prosecute,or continue any litigation,with regard
sured hereunder of any claim of title or interest which is adverse to the title to the to the matter or matters requiring such proof of loss or damage.
estate or interest,as insured,and which might cause loss or damage for which the In addition,the insured claimant may reasonably be required to submit to examina-
Company may be liable by virtue of this policy, or(iii) if title to the estate or in- lion under oath by any authorized representative of the Company and shall produce
terest, as insured, is rejected as unmarketable. If prompt notice shall not be given for examination, inspection and copying, at such reasonable times and places as
to the Company,then as to the insured all liability of the Company shall terminate may be designated by any authorized representative of the Company, all records,
with regard to the matter or matters for which prompt notice is required;provided, books, ledgers, checks, correspondence and memoranda, whether bearing a date
however, that failure to notify he Company shall in no case prejudice he rights before or after Date of Policy, which reasonably pertain to the loss or damage.
of any insured under this policy unless the Company shall be prejudiced by he Further, if requested by any authorized representative of the Company,the insured
failure and then only to the extent of he prejudice. claimant shall grant its permission, in writing, for any authorized representative
of he Company to examine, inspect and copy all records,books, ledgers,checks,
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED correspondence and memoranda in the custody or control of a third party, which
CLAIMANT TO COOPERATE reasonably pertain to the loss or damage.All information designated as confidential
(a) Upon written request by the insured and subject to he options contained in by the insured claimant provided to the Company pursuant to this Section shall not
Section 6 of these Conditions and Stipulations, the Company, at its own cost and be disclosed to others unless, in the reasonable judgment of he Company, it is
without unreasonable delay, shall provide for the defense of an insured in litigation necessary in the administration of the claim. Failure of the insured claimant to sub-
in which any third party asserts a claim adverse to the title or interest as insured, mit for examination under oath, produce other reasonably requested information
but only as to those stated causes of action alleging a defect, lien or encumbrance or grant permission to secure reasonably necessary information from third parties
or other matter insured against by his policy. The Company shall have he right as required in he above paragraph shall terminate any liability of the Company
to select counsel of its own choice(subject to he right of the insured to object for under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION 11. LIABEUTY NONCUMULATIVE
OF LIABILITY It is expressly understood that the amount of insurance under this policy shall
In case of a claim under this policy,the Company shall have the following addi- be reduced by any amount the Company may pay under any policy
W m maturing a mor-
tional options: tgage to which exception is taken in Schedule B or which a insured has agreed,
(a) To Pay or Tender Payment of the Amount of Insurance. assumed,or taken subject,or which is bereafter executed by an insured and which
To pay or tender payment of the amount of insurance under this policy together is a charge or lien on the estate or interest described or referred to in Schedule
nu
with any costs,attorneys'fees and expenses incurred by the insured claimant,which insured own and thowner.m.
ount so paid shall be domed a payment under this policy to the
were authorized by the Company,up to the time of payment in tender of payment
and which the Company is obligated to pay. 12. PAYMENT OF LOSS
Upon the exercise by the Company of this option, all liability and obligations (a)No payment shall be made without producing this policy for endorsement of
to the insured under this policy, other than to make the payment required, shall the payment unless the policy has been lost or destroyed, in which case proof of
terminate, including any liability or obligation to defend, prosecute, or continue loss or destruction shall be furnished to the satisfaction of the Company,
any litigation,and the policy shall be surrendered to the Company for cancellation. (b)When liability and the extent of loss or damage has been definitely fixed in
(b) To Pay or Otherwise Settle With Parties Other than the Insured accordance with these Conditions and Stipulations,the loss or damage shall be payable
Or With the Insured Claimant. within 30 days thereafter.
(i)to pay or otherwise settle with other parties for or in the name of an insured 13 SUBROGATION UPON PAYMENT OR SETTLEMENT
claimant any claim insured against under this policy, together with any costs, at- (a) The Company's Right of Subrogation.
tomeys'fees and expenses incurred by the insured claimant which were authorized Whenever the Company shall have settled and paid a claim under this policy,
by the Company up to the time of payment and which the Company is obligated all right of subrogation shall vest in the Company unaffected by any act of the in-
ns p sured claimant.
(u) to pay or otherwise settle with the insured claimant the loss or damage pro- The Company shall be subrogated to and be entitled to all rights and remedies
vided for under this policy, together with any costs, attorneys' fees and which the insured claimant would have had against any person or property in respect
expenses incurred by the insured claimant which were authorized by the Company to the claim had this policy not been issued. If requested by the Company, the in-
up to the time of payment and which the Company is obligated to pay. sured claimant shall transfer to the Company all rights and remedies against any
Upon the exercise by the Company of either of the options provided for in paragraphs person or property necessary in order to perfect Ws right of subrogation. The in-
(b)(0 or (ii), the Company's obligations to the insured under this policy for the sured claimant shall permit the Company to sue,compromise or settle in the name
claimed loss or damage, other than the payments required to be made, shall ter- of the insured claimant and to use the time of the insured claimant in any transac-
minate, including any liability or obligation to defend, prosecute or continue any tion or litigation involving these rights or remedies.
litigation. If a payment on account of a claim does not fully cover the loss of the insured
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE claimant,the Company shall be subrogated to these rights and remedies in the pro-
portion which the Comppaanny's payment bears to the whole amount of the loss.
This policy is a contract of indemnity against actual monetary loss or damage If loss should result Bom any act of the insured claimant, as stated above, that
sustained or incurred by the insured claimant who has suffered loss or damage by act shall not void this policy, but the.Company, in that event, shall be required
reason of matters insured against by this policy and only to the extent herein described. to pay only that part of any losses insured against by this policy which shall exceed
(a) The liability of the Company under this policy shall not exceed the least of: the amount,if any,lost to the Company by reason of the impairment by the insured
(i) the Amount of Insurance stated in Schedule A; or, claimant of the Company's right of subrogation.
(ii)the difference between the value of the insured estate or interest as insured (b) The Company's Rights Against Non-insured Obligors.
and the value of the insured estate or interest subject to the defect,lien or encum- The Company's right of subrogation against non-insured obligors shall exist and
brance insured against by this policy. shall include,without limitation,the rights of the insured to indemnities.guaranties,
(b) In the event the Amount of Insurance stated in Schedule A at the Date of other policies of insurance or bonds, notwithstanding any terms or cond guaranties,con-
Policy is less Than BO percent of the value of the insured estate or interest or the rained in those instruments which provide for subrogation rights by reason of this
full consideration paid for the estate or interest,whichever is less,or if subsequent policy.
to the Date of Policy an improvement is erected on the land which increases the l4. ARBITRATION
value of the insured estate or interest by at least 20 percent over the Amount of Unless prohibited by applicable law, either the Company or the insured may de-
an mad
•Insurance stated in Schedule A, then this Policy is subject to the following: mand arbitration pursuant to the Title Insurance Arbitration Rules of the American
(i) where no subsequent improvement has been as to any partial loss, Arbitration Association.Arbitrable matters may include,but are not limited to,an
the Company shall only pay the loss pro rata al the proportion that the amount of y g
insurance at Date of Policy bears to the total value of the estate or interest at Date controversy or claim between the Company and the insured arising out of or relating
of Policy; or to this policy, any service of the Company in connection with its issuance or the
(ii) where a subsequent improvement has been made, as to any partial loss, breach of a policy provision or other obligation. All arbitrable matters when the
the Company shall only pay the loss pro rata in the proportion that 120 percent Amount of Insurance is$1,000,000 or less shall be arbitrated at the option of either
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount the Company or the insured. All arbitrable matters when the Amount of Insurance
of Insurance stated in Schedule A and the amount expended for the improvement. is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Com-
The provisions of this paragraph shall not apply to costs,attorneys'fees and ex- pany and the insured. Arbitration pursuant to this policy and under the Rules in
penses for which the Company is liable under this policy, and shall only apply to effect on the date the demand for arbitration is made or,at the option of the insured,
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount the Rules in effect at Dale of Policy shall be binding upon the parties. The award
of Insurance stated in Schedule A. may include attorneys'fees only if the laws of the state in which the land is located
(c)The Company will pay only those costs,attorneys'fees and expenses incurred permit a court to award attorneys' fees to a prevailing party. Judgment upon the
in accordance with Section 4 of these Conditions and Stipulations. award tendered by the Arbitrator(s)may be entered in any court having jurisdiction
thereof.
8. APPORTIONMENT The law of the situs of the land shall apply to an arbitration under the Title In-
If the land described in Schedule A consists of two or more parcels which are surance Arbitration Rules.
not used as a single site,and a loss is established affecting one or more of the parcels A copy of the Rules may be obtained from the Company upon request.
but not all,the loss shall be computed and settled on a pro rata basis as if the amount 15. LIABILITY LBIIITT.D TO TIHS POLICY;POLICY ENTIRE CONTRACT
of insurance under this policy was divided pro rata as to the value on Date of Policy (a)This policy together with all endorsements,if any,attached hereto by the Com-
of each separate parcel to the whole, exclusive of any improvements made subse-
quent pony is the entire policy and contract between the insured and the Company. In
as to each parcel by the Company and the insured
to Date Policy,unless a liability or value has otherwise been agreed upon interpreting any provision of this policy, this policy shall be construed as a whole.
this policy and shown by an express statement or by the time of the issuance of
an endorsement attached to arises Any claim of loss or damage,whether not based on negligence,and which
this tic arises out of the scams of the tide to the estate te or interest covered hereby or by
policy. any action asserting such claim, shall be restricted to this policy.
9. LIMITATION OF LIABILITY (c) No amendment of or endorsement to this policy can be made except by a
(a) If the Company establishes the title, or removes the alleged defect, lien or writing endorsed hereon or attached hereto signed by either the President, a Vice
encumbrance, or cures the lack of a right of access to or from the land, or cures President,the Secretary,an Assistant Secretary,or validating officer or authorized
the claim of unmarketability of title or otherwise establishes the lien of the insured signatory of the Company.
mortgage,all as insured,in a reasonably diligent manner by any method,including 16. SEVERABILTIY
litigation and the completion of any appeals therefrom,it shall have fully performed
its obligations with respect to that matter and shall not be liable for any loss or In the event any provision of the policy is held invalid or unenforceable under
damage caused thereby. applicable law,the policy shall be deemed not to include that provision and all other
(b) In the event of any litigation, including litigation by the Company or with provisions shall remain in full force and effect.
the Company's consent, the Company shall have no liability for loss or damage 17. NOTICES, WHERE SENT
until there has been a final determination by a court of competent jurisdiction,and All notices required to begiven the Company and any statement in writing required to
disposition of all appeals therefrom, adverse to the tide as insured. be famished ilia Company shall include the number of This policy and shall be addressed
(c)The Company shall not be liable for loss or damage to any insured for liability to the Company at: Fidelity National Title Insurance Company, National
voluntarily assumed by the insured in settling any claim or suit without the prior Claims Administration, P.O. Box 45023, Jacksonville, Florida 32232-
written consent of the Company. 5023.
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy,except payments made for costs,attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
•
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
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Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville,Florida 32232-5023
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• STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
1011 Airline Drive
Albany,New York 12235
Division of Agricultural Protection
and Development Seruices
518457-7076
Faz. 518-457-2716
July 10, 2007
Melissa Spiro
Land Preservation Coordinator
Town of Southold
PO Box 1179
Southold, NY 11971-0959
Re: Waiver—Suffolk County Agricultural District#1 —Acquisition of Land
Dear Ms. Spiro:
The Department has reviewed documentation submitted by the Town of Southold Department of Land
Preservation to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and
Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District#1. The
documentation includes a waiver signed by:
Allan Arreta
Landowner(s)
The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8.
Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed
waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of
more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice
provisions could still apply to those parcels.
You are reminded that waiving the filing requirements in paragraphs (b)and (c)of subdivision (4)does
not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a
proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have
any questions, please feel free to contact me.
Sincerely,
ROBERT SOMERS, Ph.D
Manager, Agricultural Protection Unit
RS:lad
Cc: David Behm, NYS Dept. of Ag. & Markets
Scott A. Russell, Supervisor, Town of Southold f _�
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,
File: AP07/048-W
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GEPT.0 4.'.n
pq. •na�n�
• WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of 16 acres of active farmland and/or acres of
non-farmland, situated at p/o Suffolk County Tax Map No. 1000-94-3-1.3 that is proposed to
be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to
Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my
right to require the Town of Southold to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
• Project Sponsor Landowner
TOWN OF §QUTHOLD Alla ieta
By:
��_ C9+
SCOTT A. RUSSELL, Supervisor By: Allan rr eta
53095 Route 25 By: J. Kevin McLaughlin, Attorney-in-Fact
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
STATE OF NEW YORK )
)ss:
COUNTY OF SUFFOLK )
On the 6�7 day of 2007, before me personally appeared SCOTT A.
RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD;
that he knows the seal of said municipal corporation; that the seal affixed to said instrument
• is such corporate seal; and that by his signature on the instrument, the individual, or the
municipal corporation upon behalf of which the individual acted, executed the instrument
• and affixed the seal thereto by like order.
>e 1
Notary Public
PATRICIA L FALLOPI
Notary Public, Stag Of New York
STATE OF ) No. 01FA:,:�sot46
Quah iud In Suffolk County
)ss: Commission Expires April 24, 0 J
COUNTY OF )
On the 0(11? — day of ftM46174 2007, before me personally appeared
ALLAN ARRIETA, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same as owner of the subject premises; and
that by her signature on the instrument, the individual, or the persons upon behalf of which
the individual acted, executed the instrument.
fir� . ).°.\�"
Notary Public z
Pr',TRICIA I_. FALt_ON
Notary Public, Stato C`f New York
Noe 01r ..! 143
Cornmus on m;pu�,s April 24,
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New York State Department of Environmental Conservation _
Division of Lands & Forests v
ureau of Real Property, 51h Floor -
25 Broadway, Albany, New York 12233-4256
Phone: (518)402-9442 • FAX: (518) 402-9028
Website: www.dec.state.ny.us Alexander B.Grannis
Com aissioner
May 9, 2007
Melissa Spiro
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
CE: Suffolk 448
Grantor: Allan Arrieta
Liber: D12499 Page: 272
The conservation easements cited above have been so identified for our indexing and
filing purposes. This number may be needed for the landowner to claim a conservation easement
tax credit. When contacting this office about these parcels, please use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
ArA `-
Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Property
TAR:gm
MAY 14 2,qr7
[)EP, 1 N`.?
OFFICE LOCATION:
MELISSA A.SPIRO ��OF souryo Town Hall Annex
LAND PRESERVATION COORDINATOR `p 54375 State Route 25
me lissa.spiro @town.southold.ny.us (corner of Main Road&Youngs Avenue)
•
Southold,New York
Telephone(631)765-5711 G Q
Facsimile(631)765-6640 %� �� MAILING ADDRESS:
P.O. Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
May 4,2007
NYSDEC
Bureau of Real Property
625 Broadway, 5"Floor
Albany,NY 12233-4256
Attention: Tim Reynolds
Re: Conservation Easements Registry
ALLAN ARRIETA to TOWN OF SOUTHOLD
Dear Mr. Reynolds:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural
• property located within the Town of Southold to be registered with the New York State Department of
Conservation. Details regarding this easement are as follows:
GRANTOR: Allan Arrieta
GRANTEE: Town of Southold
SUFFOLK CO RECORDING DATE: April 4,2007
LIBER: D00012499
PAGE: 272
LOCATION: 3305 Oregon Road,Mattituck
EASEMENT ACREAGE: 10.0 acres
SUFFOLK CO TAX MAP#: 1000-094.00-03.00-001.003
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
�&t 4V4,9-
Melissa Spiro
Land Presewation Coordinator
eoc.
cc: Allan Arrieta c/o Peconie Land Trust, Inc.—P.O. Box 1776, Southampton,NY 11969 w/o enc.
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ALLAN ARRIETA
• to
TOWN OF SOUTHOLD
Development Rights Easement— 10.0 acres
Total Parcel Acreage— 12.5056 acres
Reserve Area — 2.5056 acres
Premises: 3305 Oregon Road, Mattituck
SCTM #1000-94-3-p/o 1.3
Peconic Land Trust, Incorporated purchased fee title
to entire parcel at a simultaneous closing
Closing took place on Thursday, March 29, 2007
Southold Town Hall Annex
(from left to right)
Timothy Caufield, Vice President
Peconic Land Trust, Incorporated
Scott A. Russell, Supervisor
Town of Southold
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MELISSA A.SPIRO �tf so OFFICE LOCATION:
jif
LAND PRESERVATION COORDINATOR Town Hall Annex
�p`� �� 54375 State Roue 25
melissa.spiro@town,southold.ny.us 411 (corner of Main Road&Youngs Avenue)
• Telephone(631)765-5711 &:1 y� Southold, New York
Facsimile(631)765-6640 �Q
MAILING ADDRESS:
�yCOUNTV, P.O.Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Data Processing
Land Preservation Committee Town Comptroller
Town Attorney Stewardship Manager
Planning Board Peconic Land Trust, Inc.
Suffolk County Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: March 29, 2007
Re: ALLAN ARRIETA to TOWN OF SOUTHOLD
p/o SCTM#1000-94-3-1.3
Development Rights Easement—10 acres
Please be advised that the Town has acquired a development rights easement on the agricultural land listed
below. If you would like additional information regarding the purchase, please feel free to contact me.
SCTM#: part of 1000-94-3-1.3
LOCATION: 3305 Oregon Road, Mattituck
PROPERTY OWNER: Allan Ardeta
PURCHASE DATE: Thursday, March 29, 2007
PURCHASE PRICE: $780,000.00(based on 10.0 acres @ $78,000/buildable acre)
TOTAL PARCEL ACREAGE: 12.5056 acres
EASEMENT ACREAGE: 10.0 acres
RESERVED AREA: 2.5056 acres
ZONING: A-C
FUNDING: Community Preservation Funds (2% land bank)
MISCELLANEOUS: This property is listed on the Town's Community Preservation Project
Plan. Peconic Land Trust, Incorporated purchased fee title to the farm
acreage that included a residential structure,simultaneously with the
Town's purchase of a 10 acre development rights easement from Allan
• Arrieta.
CONSULT YOUR LAWYER Sc..JRE SIGNING THIS INSTRUMENTdHIS INSTRUM'�.,{SHOULD SE USED eY LAWYERS ONLY
THIS INDENTURE,made the W'T a day of March,2007
BETWEEN ALLAN ARRIETA, residing at Finca La Chance. Barrio Y. Palmares,Alajuela,Costa Rica
• party of the first part, and PECONIC LAND TRUST, INCORPORATED, with offices at 296 Hampton Road,
Southampton, NY 11968
party of the second part,
WITNESSETH, that the party of the first part, in consideration of TEN and no/100ths ($10.00) dollars paid by
the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the
SEE"SCHEDULE A"ANNEXED HERETO
BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed made by
Richard J.Mang dated October 6,2004 and recorded in the Suffolk County Clerk's Office on October 21,2004
in Liber 12350 cp 288.
TOGETHER with all right, title and interest, if any, of the Party of the first part in and to any streets and roads
abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all
the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the
premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of
• the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever,except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the
first part will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same
first to the payment of the cost of the improvement before using any part of the total of the same for any other
purpose. The word "party" shall be construed as if it read "parties' whenever the sense of this indenture so
requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF
ALLAN A TA, by J. KEVIN MCLAUGHLIN.
• -- __ his attorney-in-fact
TO BE USED OI WHEN THE ACKNOWLEDGMENT IS MADE.....:NEW YORK STATE
State of Now York,County of Suffolk ss: State of New York,County of Ss g
On the vt/dday of March in the year 2007 On the day of in the year
before me,the undersigned,personally appeared Before me,the undersigned,personally appeared
J.KEVIN MCLAUGHLIN
• personally known to me or proved to me on the basis of Personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose names)is satisfactory evidence to be the individuals)whose names) is
(are) subscribed to the within instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument,the individual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which
the individuals)acted,executhuted�,the instrument. the individual(s)acted,executed the instrument.(signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment)
NOTARY PUBLIC
PATRICIA L. FALLON
Notary Public,Stag Ot New York
No. O1FA4050146
Ouellfled In Suffolk County
Commission Expires April 24, e?! 7
TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE
State,(or District of Columbia,Territory,or Foreign Country)of ss:
On the day of in the year before me,the undersigned,personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names) Is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and
that by his/her/their signature(s)on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument,and that such individual made such appearance before the undersigned in the
n
(insert the City er other political subdivision) (and exert the Stale or Country or other place the acknowledgment was taken)
(signature and office of individual taking acknowledgment)
• BARGAIN AND SALE DEED DISTRICT 1000
WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 094.00
BLOCK 03.00
Title No. LOT 001.003
COUNTY OR TOWN
ALLAN ARRIETA STREET ADDRESS
TO
PECOMC LAND TRUST,INCORPORATED Recorded at Request of
COMMONWEALTH LAND TITLE INSURANCE COMPANY
RETURN BY MAIL TO
STANDARD FORM OF NEW YORK BOARD j0FNTLE UNDERWRITERS Distributed by SUSAN QUINN TUTHS, ESO77 Hampton Road,Suite 2
Commonwh u' µ Southampton,NY 11968
CVr.lA1iJM%F,\LlI I I.vNu llT1[INNCE OJMPAM"
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FIDELITY NATIONAL TITLE INSURANCE COMPANY
TITLE NO.06-7404-67191-SUFF
I' SCHEDULE A-1 (Description)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a monument on the northerly side of Oregon Road at the southwesterly corner of the premises herein
described and the southeasterly corner of land now or formerly of Ann and Ralph Badagliacca; said point or place of
beginning being distant the following two courses and distances from the corner formed by the intersection of the
southerl} side of Oregon Road and the easterly side of Elijah's Lane:
I. North degrees 08 minutes 10 seconds West along a tie line 56.81 feet;
2. North 63 degrees 53 minutes 30 seconds East along the northerly side of Oregon Road 150 feet to the true point or
place of beginning;
RUNNING THENCE North 25 degrees 40 minutes 00 seconds West 580.61 feet;
THENCE South 63 degrees 53 minutes 30 seconds West 150 feet to a monument and land now or formerly of Robert G.
Rowehl;
THENCE North 25 degrees 40 minutes 00 seconds West along last mentioned land 1063.90 feet to a monument and land
no�� or formerly of Randy Scott Shur;
6-LHFNCE North 63 degrees 25 minutes 10 seconds East along last mentioned land 375.76 feet to a stake and land now or
formerly of Jorg Menger and Kathleen Sorrels;
THENCE South 26 degrees 13 minutes 40 seconds East along last mentioned land 1647.56 feet to a monument on the
northerly side of Oregon Road,
THENCE South 63 degrees 53 minutes 30 seconds West along the northerly side of Oregon Road 241.86 feet to the point
or place of BEGINNING.
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•�,5 File Vieva Toolbar Help
94 3 1 3 473889 Southold A�ki've WS 1 School Mattituck School <
Anieta',Allan Roll Year 20117 .Guir Yr, firn�l res Land A 1: 4.700
. 3305 Oregnh Rd Land Sr�e:12 5D acres Total AV 15_900
Owner Total 1 Taxable Valoo Miscellaneous
Name. Allan Anieta County:," 15.900 Book 12350
AddlAddr Muni 15,900 Page: 288
Street. 2 Roberta Ct School: 15,900 Mortg
PO Box: Bank:
City. Hampton Bays, NY Zip: 11946- Schl after Star 15,900 Acct No: 14
Sale Total 2 Site 1 611 Land 0 of 0
Boot: Page Sale Date 'gale Price Owner - Prpck: Rural res
12350 288 10/06/04 935,000 Artieta,Allan Nbad Cd.0'-
1 885 03!25104 1 Maori, Richard Sewer
Water:
Utilities:
Exemption Total 0 Term Own Building Total: 0
Code Amount Year Pct
Special District Total 4 Value/ Improvement Total' 0
Code Units Pct Type Move Tax T¢pe Name Dim 1 1 Dirn2 SQFT Yr Built
FD030" Mattituck FD S00 .OD .00
PK071'I Mattituck Pail 00 .00': .00 .
•
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Town of Southold
Development Rights
Town of Southold
Development Rights
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County of Suffolk
Development Rights `
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1000-94.-3-1.3
Town of Southold
Development Rights
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Town of Southold
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SURVEY OF PROPERTY N
TOWNTSOU HOLD MATTITUGK FINAL w E
SUFFOLK COUNTY, NY SURVEY S
SURVEYED 01-30-200-7
REVI5PP TIE 03-05-2007
SUFFOLK COUNTY TAX #
1000 - 94 - 5 - 1,3
CERTIMED TO:
]PECONIIC LAND TRUST,NCORPORAT® aC -
TOWN TYNATIO AL INSURANCE -
COMPANYOPNEWYOR1INSURANCE of
COMPANY
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DETAIL GRAFHIG 5GALE "= 60'
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NOTES: W
MONUMENT FOUND
OVERALL AREA = 544,744 5.F OR 12.5056 ACRES
DEVELOPMENT RIGHTS 5OLD AREA = 435h00 OR 10.0000 ACRES
DEVELOPMENT RIGHTS INTACT AREA = 109,144 5.F OR 2.5056 ACRES
GRAPHIG SCALE "= 100' JOHN O. ]EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S.LIC.NO.50202
RIVERHEAD,N.Y. 11901
O 100 200 300 369-8288 Pax 369-8287 REF:\\Compagser er\pros\07\07-107.pm
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SCTM# 1000-94.-3-1.3
WFA
Town Development tS
Rights Purchase
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