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McGunnigle (Mill Road Preserve)
y 1000-106-6-20.3 (f/k/a 1000-106-6-14 & 20) NV Baseline Documentation 4 Premises: 245 Bayview Avenue Mattituck, New York 25.06 acres Open Space Acquisition AGNES D. McGUNNIGLE to TOWN OF SOUTHOLD Deed dated August 6, 2002 Recorded August 16, 2002 Suffolk County Clerk - Liber D00012203, Page 889 • SCTM #: 1000-106-6-20.3 (f/Wa 1000-106-6-14 & 20) Premises: 245 Bayview Avenue Hamlet: Mattituck Purchase Price: $4909987.46 Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 28.54 acres Open Space : 25.06 acres Lot Set Off: 3.02 acres (McGunnigle) Lot Line Change: 0.46 acre (Goehringer) Zoned: R-40/R-80 Existing Improvements: In July 2002 — Wooded, some paths,LIPA right-of-way with overhead wiring and two support towers • • DESCRIPTION OF THE PROPERTY LAND The subject property is located at the northeast corner of Bay View Avenue and Mill Road being situated within the hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York. The property is vacant and on grade of the existing streets. Bay View Avenue is a two lane; macadam surfaced roadway as is Mill Road. The subject possesses approximately 1,138.80 feet of frontage on Bay View Avenue and 970.88 feet along Mill Road. At the extreme easterly portion of the property, the land possesses 50 feet of frontage on North Drive, a one lane, macadam and gravel roadway. The property contains an area of 25.515 acres. • The topography of the property is relatively flat, heading in an easterly direction from Mill Road for a length of approximately 775 feet. This portion of the property is generally open and cleared with no visual changes in contour. After this length, the property becomes heavily wooded and the topography rolls downward and upward to the grade of North Drive. There is a Long Island Power Authority right-of-way that bisects the land in a northerly direction. The right-of-way is improved with steel stanchions that support overhead transmission lines. The actual location, width and length of the right-of-way is not known to the appraiser. P � R O P E R T Y V � I S U A L S • I � ISI I 7 7. } uu- -�u�usfi 2c�o� PHOTOGRAPHS OF SUBJECT PROPERTY (Continued) i x� r , Interior view of subject looking north from Bav View Avenue. Interior view of subject looking north from Bay View Avenue. —5— •• . PROPERTYPHOTOGRAPHS OF SUBJECT (Continued) J View i JI._ 3j r ,j. ysi of subject11 • northwest taken fromBay View Avenue. N View of LIPA right-of-way looking north from Bay View Avenue. =fir_ A •0• SUBJECTPHOTOGRAPHS OF .O , , View of Tax Lot 20 �. a 1 _*lam-•� �• ��1xR1F_P21ii�G' �1+�Pr" �. ) t 6 'jam • •l looking View of Y � a' Northoo • PHOTOGRAPHS OF SUBJECT PROPERTY View of Mill Road looking north. View of l �k .V w V • . View Avenuelooking E • N v I R O N M E N � T A L S U M M A R • Y • Phase I Environmental Site Assessment McGunnigle Property 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope &Voorhis, / LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property consists of a 28.5 acre parcel of undeveloped land. The property is located on the northeast comer of Mill Road and Bayview Avenue. The property is more particularly described as Suffolk County Tax Map # 1000-106-06-14 & 20. The subject property consists mainly of woodlands and successional growth farmland. The western third (1/3) of the property is currently a fallow field vegetated with successional growth species. According to historic aerial photographs, this portion of the property had been farmed • from prior to 1957 until some time prior to 1994. The eastern two-thirds (Z/3) of the property has always been vacant woodlands. A natural drainage swale or valley was observed in northern portion of this wooded area. Some ruinor amounts of garbage was observed in the wooded area. No structures or foundations were located on the portion of the subject property that is the subject of this report. The inspection of the property did not reveal any staining, residue, odors or stressed vegetation, except as previously noted. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, five (5) spill incidents located within one-half(0.5) mile of the subject property. In conclusion, based on the intended acquisition of the property, 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 following recommendation is provided for the farmed area of the site. 1. If the property is to be utilized for residential purposes in the future, the soils on the agricultural land should be sampled and analyzed for the presence of pesticides, lead and arsenic. • NELSON, POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING McGunnigle Property,Mattituck Phase I ESA • FIGURE 1 LOCATION MAP -72 34'13" 41 01'08. moo. i \a� m4 MmrRvek r rweS"`"`wrv�� ee- P9 o? / Mu(41uc4 � 1 t �5� all o Ewo -`r �� iy?-" ens�5�I coovrns wive — �— oM'^ 9 rip pl�fl `c9. A 1 \2 ls °. 14 \4 rl w0' m LIT� orv�` � Imrr`�+flv �a \ P A 1 WAP ( O 'y t wgpo: I v as � h\c p � - �' WCC �LO4 �2 /{gs sq 4y for y4�n t e c w,oNy 9a yo c9V gie xl 4�0 251 loon n w mioo -7232'14", 4059'17" Preusion Mapping,Copyright 1995,96 Just Seftwcrks Inc., Portions Copyngnt 1992-1996 TRIUS,Inc. • Source: Precision Mapping 1995-1996 f' NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 7 of 2S McGunnigle Property,Mattituck • Phase I ESA FIGURE 2 SITE MAP M II a qD 7.9 { 00 14.3A M� G 22 Of ILI Former * Wooded M ar Farmland Area —1 A da 17.1 Mal_ 4.a 4; S& * ` I LA. [507 . 1t111� 71 Source: Suffolk County Assessors NORTH • Page 9 of 25 d b { Ilir" .NEL" POPE 6 V�RNIS LLC NVIRONMENT4� FLHNNIN6�CIXJSLLTING McGunnigle Property,Mattituck • Phase I ESA FIGURE 3 2 GROUNDWATER CONTOUR MAP 3 3J ,I SI N� a'3J]]B ?�1•. 16 790 51168 .33 v33kf ,e,' �•��2i v 53326M S 6VEfi06 I. i7234 y'v may SITE -�&ED; 24 � . 322 _ 9332 639 ./ 9333 yfiJ92] Nn` .`i6� � 11E( O V C ^I kw s1 HAY ' 1333e >r VS 692 ys9Ja3V''d - 919] ._ ISJ6fiJ 3619 @V1S 566%V' •51599 99B5Y t. lltA ]3@0A ^sl9fir Im5 W. �� S 5 UNAMP' 3x '� � °a+9ee � I LE,OMC ray tsn] �•t'ra..� s,i ? ¢ +:.,'� DAY a4 2 e 5 fi5 ?7�36Ou 13AY tL�1\ ?� @ 52141 ] O ]630] 46631! 230 \ii 43D 4'9@X�.-.� K<% 1 N M"y 1 £•9JJfi6 V I@43� \ 9 a \J i '6]]545 BBtlr... >F 1 afi53E / \\'Y,_` 71411 5953 1fi542 .]6308 46534 ]23J '_6098 1 (x6632. 65V4, I 68584 653 > fi l i y �p 35n]• "4 ^ 1 n.. Source: SCDHS, 1999 NORTH • Page 16 of 25 P NELSON PE] 6..1 O00 5 LLC ENVIgGfNEfV"AL BANNING CONSULTING OVERVIEW MAP - 693061.3s - Nelson, Pope & Voorhis LLC N off • q0 0 0 o� c- P O F s ['} � 5 l Illy f �\ E f � a 9 � F w a 9 g jll ; Q MA E n ✓,4 N O • 4 �� � NF. q,U NO PV rr f re Q f3 S � u Target Property _ Sites at elevations higher than or equal to the target property • Sites at elevations lower than Power transmission lines the target property %? Oil&Gas pipelines 7"1"''t Coal Gasification Sites(if requested) /[ ', 100-year flood zone 7 National Priority List Sites E7] 5oo-year flood zone Landfill Sites .. "',"yy Wetlands • TARGET PROPERTY: McGunnigle Property CUSTOMER: Nelson, Pope&Voorhis LLC ADDRESS: Bayview Avenue CONTACT: Steven J. McGinn CITY/STATE/ZIP: Mattituck NY 11952 INQUIRY#: 693061.35 LAT/LONG: 41.0034172.5537 DATE: October-17, 2001 4:34 pm DETAIL MAP - 693061.3s - Nelson, Pope &Voorhis LLC 3 • S / 0.U1N ft0 � 3 E BJPMB _ ;P", x x .tAxyla� 0°9 a SEIAHL 9ArvIEW AVF dllYVIEW F BAxJ\gait s� e off/ qR0 R 4 FOAL,0 MILLEA RD �p MILLER RD MILLEq 0.0f ���Y� 1 .Yty., ap �L 9 0 lle. x Target Property ills 19 116 M A Sites at elevations higher than or equal to the target property Sites at elevations lower than Power transmission lines the target property r; 011&Gas pipelines A Coal Gasification Sites(if requested) 100-year flood zone r Sensitive Receptors 500-yearflood zone National Priority List Sites `y. Wetlands Landfill Sites TARGET PROPERTY: McGunnigle Property CUSTOMER: Nelson, Pope&Voorhis LLC ADDRESS: Bayview Avenue CONTACT: Steven J. McGinn CITY/STATE/ZIP: Mattituck NY 11952 INQUIRY#: 693061.3s LAT/LONG: 41.0034/72.5537 DATE: October 17;2001 4:34 prn PHYSICAL SETTING SOURCE MAP - 693061.3s e° i °He 'ys �i 2 F p\��RU op PVE \ea�2 yNFeA � li VJ\v ti yam Pp4..° Z A,,Z MAIN AO 7-1 _ ffdLµaVt m t SOUND AVE d� n $ 90UNp gyp SOUNo AVE � 9 P° �1 l P \ Po 1/2 t zuue: N Major Roads ° Contour Lines 1 ® Water Wells +g Earthquake epicenter,Richter 5 or greater © Public Water Supply Wells ® Closest Hydrogeological Data } Groundwater Flow Direction =GI Indeterminate Groundwater Flow at Location c v Groundwater Flow Varies at�ogavon 1E Cluster of Multiple Icons TARGET PROPERTY: McGunnigle Property CUSTOMER: Nelson, Pope &Voorhis LLC ADDRESS: Bayview Avenue CONTACT: Steven J. McGinn CITY/STATE/ZIP: Madituck NY 11952 INQUIRY a: 693061.3s LAT/LONG: 41.0034/72.5537 DATE: October 17,2001 4:35 pm P • U B L I C H E A • R I N G • o�os�FFot/-�oG ELIZABETH A. NEVILLE y� Town Hall, 53095 Main Road TOWN CLERK y 2 P.O. Box 1179 • REGISTRAR OF VITAL STATISTICS Q Southold, New York 11971 MARRIAGE OFFICER .y� O\. Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �,( �,a Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 192 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby sets 7:42 P.M., Tuesday March 13 2001 Southold Town Hall 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of the fee title acquisition by the Town of Southold of the property of Agnes D. McGunnigle, comprising approximately 25.5 acres, located on the Northeast comer of Bay View Avenue and Mill Road, Mattituck, New York, identified as SCTM# 1000-106-6-14 & 20, at the price of$500,000.00 • Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnefship Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk FECE � U� - A7AR 1 E [5 2001 DEPT.OF LAND PRESERVATION • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing at 7:42 P. M. on the 13th-of March, 2001, on the question of the fee title acquisition by the Town of Southold of the property of Agnes D. McGunnigle, comprising approximately 25.5 acres, located on the Northeast comer of Bay View Avenue and Mill Road, Mattituck,New York, identified as SCTM# 1000-106-6-14 &20, at the price of$500,000. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road, Southold,New York, and may be examined by any interested person • during business hours. Dated: February 27, 2001 a' BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH S, 2001,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 John Cushman, Accounting Land Preservation Committee Department of Land Preservation Agnes D. McGunnigle Town Clerk's Bulletin Board • PUBLIC HEARING MARCH 13, 2001 7:42 P.M. (9:19 P.M.) ON THE PROPOSED PURCHASE OF DEVELOPMENT RIGHTS OF A CERTAIN PARCEL OF PROPERTY OF MCGUNNIGLE, SCTM#1000-106-6-14 AND 20. i Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: The next hearing is development rights of the McGunnigle property. Bill would you read this, please? • COUNCILMAN MOORE: "NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, the Towp Board of the Town of Southold will hold a public hearing at 7:42 P. M. on the 13th of Alarch, 2001, on the question of the fee title acquisition by the Town of Southold of the property of Agues D. McGunuigle, comprising approximately 25.5 acres, located on the Northeast comer of Bay View Avenue and Mill Road, Mattituck, New York, identified as SCTM# 1000-106-6-14 & 20, at the price of$500,000. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 5011'0 of the total cost of acquisition. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road, Southold,New York, and may be examined by any interested person during business hours.Dated: February 27, 2001. Elizabeth A. Neville, Southold Town Clerk." We have proof of publication in the Suffolk Times, proof of posting on the Town Clerk's Bulletin Board, and there is no correspondence. SUPERVISOR COCHRAN: Again I will first call on Chairman of the committee, Mr. Ryan. Then I will go to the audience. DICK RYAN: The map here, produced again by the Town staff, outlines in red the parcel under consideration located in the hamlet of Mattituck. This vacant corner parcel is approximately 28.5 acres in size, which approximately 25.5 acres is proposed for purchase. The purchase area has about 930 feet of frontage on the east side of Cox Neck Road and about 1,138 feet of frontage on the north side of • Bayview Avenue. Additionally, the parcel has about 50 feet of frontage on the westerly side of North Drive. A LIPA electrical easement bisects the property in a northeast southwest direction. The parcel is McGunnigle 2 • zoned R-80 Residential,which permits sinogle family residential development on two acres lots subject to consideration of other neighborhood open spaces, agricultural and environmental conditions. About 3 acres of the entire parcel at its northwest corner is to be retained by the owner for ultimate single- family residential use. The parcel size is significant in this area of town as well as its representation as one of the few remaining open space parcel between the established residential development to the east and a preserved 14-acre open space directly to the west across Cox Neck Road. The parcel) is largely wooded with its Cox Neck Lane frontage cleared by virtue of past agricultural uses. Purchase of this parcel for appropriate public Community Preservation Purposes, such as open space and providing for potential passive outdoor recreational opportunities, harmonious with the intent and purpose of the Town's land preservation programs is considered to have merit in this instance. The negotiated price is $500,000 for the fee title to approximately 25.5 acres. The value of this proposed purchase reflects in part, the development potential and location of the property. The value of the purchase is supported by a recent appraisal, independently prepared by R.J. Matuza & Associates of St. James. A survey of the parcel will be accomplished. The survey and any other terms should be subject to, adoption by the Land Preservation Committee and the Town Attorney, prior to any completion of this proposed)purchase. Because of its open space value, its neighborhood location is proximity to other existing social and cultural activities and its potential enhancement of the Town's sense of place this property has a high eligibility for preservation. The Land Preservation Committee is unanimous in recommending this purchase for Community Preservation Purposes. The purchase will serve to continue the sense of openness special to this area of the hamlet of Mattituck, specifically and the Town of Southold in general. On behalf of the Land Preservation Committee, I urge the Town to accept the offer of sale of this parcel and to resolve to purchase fee title to the same pursuant to the provisions of Chap r 6 of the • Town Code, entitled, CornmuhityPreservation Fund. SUPERVISOR COCHRAN: Thank your Would anyone like to address the Town Board in relation to the purchase of development rights on McGunnigle property in Mattituck? Anyone either for or against? Anyone have anything to say? I know there are people here supporting this. FRANCIS DEEGAN: My name is Francis Deegan. I live at 500 North Drive in Mattituck,1 and there are a number of neighbors here supporting it. We just want to commend the Board on it's Land Preservation Program, and we are very much in favor of this being preserved not only to benefit our area,but also the town_ SUPERVISOR COCHRAN: Anyone else like to address the Board? (No response.) I will ask one last time, anyone like to address the Town Board? (No response.) If not, I deem the hearing closest. i Eli _Ne ille Southold Town Clerk • S • E Q R A R E S O • L U T I O N • o��gpFFO�,rco • ELIZABETH A. NEVILLE _� G'y� Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 REGISTRAR OF VITAL STATISTICS �' Southold, New York 11971 MARRIAGE OFFICER OA `� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �Q� �a� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 242 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MACH 13, 2001: WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned by Agnes McGunnigle, comprising approximately 25.5 acres located on the Northeast comer of Bay View Avenue and Mill Road, Mattituck, identified as SCTM# 1000-106-6-14 & 20, at the price of$500,000.00, pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold. The exact area of the purchase is subject to a survey acceptable to the • Land Preservation Committee prior to the contract closing; now therefore be it RESOLVED by the Town Board of the Town of Southold that "this action be classified as an Unlisted Action pursuant t the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEORA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 14.10-4(11195)—Text 12 PROJECT I.D.NUMBER 617.20 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only • PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISP(O(Ns0R �j ( �2.. PROJECT NAME 3. PROJECT LOCATION' Cf(_ ,— Municipality 1 r1U TTI4VC4C �OJ �C� k 0,on coun --+) 4. PRECISE LOCATION(Street address and roadintersectims,prominent landmarks,etc.,or provide map) Nofneg5� C.Tnez oc gay U(ew A,;e d S�r(11 I 000 5. IS PROPOSED ACTION: L2New ❑Expansion ❑Modiflcation)alteration 6. DESCRIBE PROJECT BRIEFLY: Own PufG\1aSe o� �ee �i4le to c(??rbY. X5. 5 4Cfe$ 7. AMOUNT OF LAND AFFECTED: 255 Initially 2-$ 5 acres Ultimately , a--- 8. WILL,PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? es ❑No If No,describe briefly • 9. WHA IS-PRESENT LAND USE IN VICINITY OF PROJECT? . esidential ❑Industrial ❑Commercial �ungriculture ❑ParklForestlOpen space ❑Other Describe: 19. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL: ST".T%OR LOCAL)?�n _ C Yes L o If yes,list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Iry Ycs //11 ❑No if yes,list agency name and permit/approval ; �COVWC. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes o 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE(BEST OF MY KNOWLEDGE Applicantlsponsor name: is5h �Ro ��`f\(p Se rJji DVS (1c1f&f •``AorZpplicantfsponsor n7Z Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the • Coastal Assessment Form before proceeding with this assessment OVER 1 A DOES ACTION EXCEED ANY TYPE I THREAHOLD IN 6 NYCRR PART 617A? If yes,coordinate threview process and use the FULL FAF. ❑Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negativedeclaration may be superseded by another involved agency. ❑Yes No • C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) -. C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems?Explain briefly. Na C2. Aesthetic agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C9. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly. N� C4. A community's existing plans or goals as officially adopted,or a change in useor intensity of use of land or other natural resources?Explain briefly / / ( D C6. Growth,subsequent development,or related activities likely to be Induced by the proposed action?Explain briefly. 06. Lo /nter�,Short term,cumulative,or other effects not identified in C1-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)?Explain briefly. • D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OFA CEA? ❑Yes o E IS THERE,OR IS E LIKELY TO BE,CONTRO'dERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes No If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it Is substantial,large,important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (a) duration; (d) irreversibility; (e)geographic scope; and(g magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have seen identified and adequately addressed. If question D of Part It was checked yes,the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above.and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necess the reasons supporting this determination: ���c4�oumOaltc� _ Name of Lead Agency—. eQA„ C" ck N \ So U% I - Print or Type Name of KCSPOa516 a OHrcer in Lead Agency Tii a of Respori le Officer O,l (it • Signature o Responsible Officer in Lea Agency. igna[ur o reparer er IIT3Aer [trorn responsible o ,<er�� Da � 2 P • U R C H A S E R � E S O L U T I O N • co • ELIZABETH A.NEVILLE ti�O�OgUFFO(/rGy� Town Hall, 53095 Main Road TOWN CLERK C43 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER �.li `� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �Ql ,#�� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 299 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: WHEREAS the Town Board of the Town of Southold held a public hearing on the question of the purchase of a certain parcel of property owned by Agnes McGunnigle on the 13th day of March 2001, pursuant to the provisions of Chapter 59 (Open Space Preservation) and/or Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and • WHEREAS, the Town Board deems it in the public interest that the Town of Southold " purchase the property, now "therefore be it RESOLVED that the Town Bdard of the Town of Southold hereby elects to purchase the property owned by AEnes McGunnigle, comprising approximately 25.5 acres located on the Northeast comer of Bay View Avenue and Mill Road, Mattituck, identified as SCTM# 1000-106-6-14 & 20, at the price of$500,000.00,pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee prior to the contract closing; and be it FURTHER RESOLVED that the parcel is to be purchased either outright by the Town of Southold or under the Suffolk County Preservation Program whereby Suffolk County would appropriate an amount up to 50% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk C • L O S I N G S T • A T E M E N T • CLOSING STATEMENT AGNES D. McGUNNIGLE to TOWN OF SOUTHOLD Open Space — 25.06 acres SCTM #1000-106-6-20.3 (f/k/a SCTM #1000-106-6-14 & 20) Location: 245 Bayview Avenue, Mattituck Closing held on Tuesday, August 6, 2002 at 10:00 a.m. Southold Town Hall, 53095 Main Road, Southold, New York Purchase Price: $ 490,987.46 Payable to Peter J. Costigan, as atty $ 1,000.00 Check #62718 — downpayment held in escrow Payable to Agnes D. McGunnigle $ 488,023.46* Check #67907 (8/6/02) *Check issued for $490,017.23 includes real property tax adjustment • Payable to Agnes D. McGunnigle $ 1,964.00 Check #67908 (8/6/02) Adjustment for NYS Transfer Tax 2001-2002 Real Property Tax Reimbursement: Payable to Agnes D. McGunnigle $ 1,993.77 Check #67907 (8/6/02) *see above 117 days @ $0.68 per diem per acre Closing Expenses: Appraisal Payable to R. J. Matuza & Associates, Inc. $ 1,500.00 Check # (1012/00) Survey Payable to John C. Ehlers Land Surveyor $ 5,500.00 • Check #64763 (12/4/01) Revised Survey • Payable to John C. Ehlers Land Surveyor $ 750.00 Check #68217 (8/27/02) Environmental Report Payable to Nelson, Pope & Voorhis $ 1,400.00 Check #65290 (1/3/02) Title Report Payable to Commonwealth Land Title Ins. Co. $ 2,599.00 Check #67909 (8/6/02) Fee Title Policy $2,478.00 Recording Deed $ 121.00 Title Closer Attendance Fee • Payable to Patricia Fallon $ 50.00 Check #67905 (8/6/02) Closing Attendees: Joshua Y. Horton Southold Town Supervisor Gregory F. Yakaboski, Esq. Southold Town Attorney Kathleen Murray, Esq. Southold Town Assistant Town Attorney Agnes D. McGunnigle Seller Peter J. Costigan, Esq. Attorney for Seller Melissa Spiro Land Preservation Coordinator Patricia L. Fallon Title Company Closer • THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER i)d t'tn `2G i t. t :2•�r.jiy�� S7r fi !�; .S, t � 1 �..vf t�^mt„#`::` ` }:''.}? ..5 09,5�IVIF�IN:ROA1� .•.r a.: rw..• -..-�. NO:, a` Y��'-• ` ,, ry: ;, J : �,. :: •• , r �� ,� 2 222 227r.,ddi�.tzi��2. /.adt ,,..iQ��i2 7t ¢ s SOCJTHO D, N�yWYOif<?1.197-10959 •-'<yj f,•,. :� t ,+v� ... ,fi�;: �}`j:,.a F;t �y0�'��ti...((S;.n �iv QIC:->•,•l rCi•w.r�.w(^.: 7�lC.rw•i�C,••.✓llG,'.r?}e��,,T�G:.%�C` v-L: •ft1.w�i�i� ' .;ti..:' i t rm,. „>,. �,,..,.. t,r...e-..- .•.••r..J �. 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INVOICE DESCRIPTION AMOUN7, H3.8660.2.600. 100 08132 062101 DOWNPAYMENT—LAND ACQUISITION 1,000.( McGUNNIGLE TO TOS ••,,,; ,�jy� 9t SCTM# 1000-106-6-14 & 20 ii:: ;•:a"°� �`•'' "der ue TOTAL **$1,000.0( TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 1) -W 2, D T 52A NORTH AQA�D 'OtTt 2 ��S_UTHOLD,j Wi 110F r v 0 G ?90 ?114 i:02140S464i: 63 06000L. oil- VENDOR 1113436 AGNES D. MCGUNNIGLE 08/06/2002 CHECK 1167907 FUND/ACCOUNT Po # INVOICE # DESCRIPTION AMOUNT H3.8660.2.600. 100 080602 MCGUNNIGLE TO TOWN OF SOUTHOLD 490,017.23 25.06 ACRES SCTM 111000-106-6-14 & 20 TOTAL 490,017.23 • • TOWN OF SOUTHOLD - SOUTHOLD, NY 11971-0959 9 ni3s nor t3 DN1, TI i£ T4 5dUtkbL6 "N 6V YOF:k i 15�i4de s Mo NY 93�1 Dot s e • .CH2,b.K.N9, , ,A4Ud7 6? 508` 94 . QO©H WtN OIC, TIi U fi7O q/7 O toftm �nv ro ACsi4 P., �MGGTJhT I'OLP 0E- 8( [fTik0 D' ;NY X197`1 6 11'067908,1• 1:0214054641: 63 000004 Olin VENDOR 013436 AGNES D. MCGUNNIGLE 08/06/2002 CHECK 67908 is 9141 & AGCQ;-4;T- L a InTVOIrT? ngq gTDTTnN AMQUNT ` H3 . 8660 . 2 . 600 . 100 ADJUST PRICE—MCGUNN 1 , 964 . 00 TOTAL 1 , 964 . 00 • • TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 R.J. MATUZA ASSOCIATES, INC. INVOICE From: R.J . Matuza & Associates, Inc FiieNo. 138-00 10 Jefferson Avenue Invoice: 138-00 40 St. James, New York 11780 Date: September 21 , 2000 To: Town of Southold PO Box 1179 Southold, New York 11971 Description Price Amount APPRAISAL REPORT Propery Identified As: N/E/C Bay View Avenue & Mill Road Mattituck, New York Property Belonging To.._.. Agnes D. McGunnigle Tax Map No. : 1000/106/6/20 and p/o 14 Tax ID No. : 11-2660728 1 ,500.00 1 ,500.00 Tota: $ 1 ,500.00 557 • JOHN C. EHLERS LAND SURVEYOR Invoice 6 East Main Street ---- Riverhead, NY 11901 Date Invoice# • /` ' Phone: 631-369-8288 Imo——— — Fax: 631-369-8287 7/23P01 20651 Bill To Your Client Town of Southold Agnes McGunnigle Town Hall Southold, N.Y. 11971 SCTM# My Job# 1000-106-6-14&20 2001-202 Date of Service Description Amount 7/23P01 ESurvey of property of McGunnigle in Mattituck 5,500.00 L100S 40 FIN TOWN OF SOUTHOLD Disburs Y Y inquiry b vendor Name q *11 Actual History °•• vendor . . 005322 EHLERS/JOHN C. Y JE Date Trx. Date Fund Account Full Detail ----------------------------- Beginn Iw-12042001-635 Line : 172 Formula: 01 12/22/1998 12/22/1998 H . 600 (Account. . H3 . 600 1 2/18/1999 2/18/1999 H1 . 600 ITrx Date . . . ... 12/04/2001 SDT 12/03/011 12/21/1999 12/21/1999 H2 . 600 ITrx Amount. . . 5 , 500.00 1 3/28/2000 3/28/2000 H . 600 IDescription . . SURVEY-MCGUNNIGLE PROP 1 5/08/2001 5/08/2001 H3 . 600 Ivendor Code. . 005322 1 10/09/2001 10/09/2001 H3 . 600 IVendor Name. . EHLERS/JOHN C. 1 10/09/2001 10/09/2001 H3 . 600 ICHECK. . . . . . . . 64763 SCNB I Y 12/04/2001 12/04/2001 H3 . 600 Ilnvoice Code . 20651 1 12/04/2001 12/04/2001 H3 . 600 ( VOUCHER. . . . . . 1 12/04/2001 12/04/2001 H2 . 600 1P.O. Code . . . . 08350 1 4/25/2002 4/25/2002 H3 . 600 ( Project Code . I IFinal Payment F Liquid . 1 11099 Flag . . . . 7 1 IFixed Asset . . N I ( Date Released 12/04/2001 1 -------------------------------- End jDate Cleared-12/31/2001 B F L R . ACTION? JOHN C. EHLERS LAND SURVEYOR Invoice A 6 East Main Street Riverhead, NY 11901 Date Invoice# • Phone: 631-369-8288 7/18/2002 21213 Fax: 631-369-8287 - Bill To Your Client Town of Southold Agnes McGunnigle Town Hall Southold, N.Y. 11971 SCTM# My Job# 1000-106-6-14&20 1 2001-202 Date of Service Description Amount 7/18/2002 Create Map of Property for transfer of development rights to 750.00 Town of Southold GL100S 40 FIN TOWN OF SOUTHOLD Disburs Inquiry by vendor Name Actual History vendor . . 005322 EHLERS/JOHN C. Y JE Date Trx.Date Fund Account Full Detail K Beginn Iw-08272002-671 Line : 80 Formula: 01 12/22/1998 12/22/1998 H . 600 (Account. . H3 . 600 1 2/18/1999 2/18/1999 H1 . 600 ITrx Date . . . . . . 8/27/2002 SOT 8/26/021 12/21/1999 12/21/1999 H2 . 600 ITrx Amount. . . 750. 00 1 3/28/2000 3/28/2000 H . 600 IDescription . . MAP REVISIONS-MCGUNNIGLEI 5/08/2001 5/08/2001 H3 . 600 Ivendor Code. . 005322 1 10/09/2001 10/09/2001 H3 . 600 Ivendor Name. . EHLERS/JOHN C. 1 10/09/2001 10/09/2001 H3 . 600 ICHECK. . . . . . . . 68217 SCNB 1 12/04/2001 12/04/2001 H3 . 600 ( Invoke Code. 21213 I 12/04/2001 12/04/2001 H3 . 600 ( VOUCHER. . . . . . 1 12/04/2001 12/04/2001 H2 . 600 IP.O. Code. . . . I 4/25/2002 4/25/2002 H3 . 600 1Project Code . I Y 8/27/2002 8/27/2002 H3 . 600 ( Final Payment P Liquid. 1 11099 Flag. . . . 7 1 1Fixed Asset. . Y I 1Date Released 8/27/2002 1 -------------------------------- End jDate Cleared . • B F L R . ACTION? FVelkon, Pope & Voorhis, LLC Property: 01328 Project: VA0073 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Agnes McGunnigle Property,Bayview& Manager McGinn, Steven • Invoice To: Town of Southold Invoice#: 862 Town Hall,53095 State Rte 25 Invoice Date: December 20, 2001 P.O.Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,400.00 Prepare Phase 1 Environmental Site Assessment Specified Fee: $1,400.00 *** Total Project Invoice Amount $1,400.00 *0S 40 FIN TOWN OF SOUTHOLD Disburs Inquiry by vendor Name Actual History Vendor . . 014161 NELSON , POPE & VOOKHIS , Y JE Date Trx . Date Fund Account Full Detail - Use Action IW-01032002-981 Line : 131 Formula: 01 12/18/2001 12/18/2001 H8 . 600 JAccount . . H3 . 600 12/18/2001 12/18/2001 H8 . 600 JTrx Date . . . . . 1/03/2002 SDT 1/04/021 Y 1/03/2002 1/03/2002 H3 . 600 JTrx Amount . . , 1,400.00 1 1/15/2002 1/15/2002 B . 600 IDescription. . PHASE I ESA-MCGUNNIGLE 1 1/15/2002 1/15/2002 B . 600 Ivendor Code. . 014161 1/15/2002 1/15/2002 B . 600 Ivendor Name . . NELSON , POPE & VOORHIS, 1/15/2002 1/15/2002 B . 600 ICHECK. . . . . . . . 65290 SCNB 1 1/15/2002 1/15/2002 B . 600 JInvoice code . 862 1/15/2002 1/15/2002 H2 . 600 IVOUCHER. . . . . . 1/29/2002 1/29/2002 H2 . 600 1P.O. Code . . . . 08877 1 2/26/2002 2/26/2002 SR . 600 JProject Code . 2/26/2002 2/26/2002 H3 . 600 IFinal Payment F Liquid . 1 3/12/2002 3/12/2002 A . 600 11099 Flag . . . . N 3/12/2002 3/12/2002 B . 600 IFixed Asset . . N 1 3/12/2002 3/12/2002 B . 600 JDate Released 1/03/2002 1 ------------------ ---- Use Action IDate Cleared._ 1/31/2002 B/F/L7—R7. ACTION? • • CdOMMONMEALTHLAD 7777.E INSURANCE COMMY 177 Old Can"Raa(R 0.Box 419,Riaenirg New ywh 11VI J 631-7Z/-7760 fax 631-727-7818 Title No. LVO-VI-4'I7.g Date 12-1 FEE FEE INSURANCE COVERAGE #6! !%P 978: 4O PREMIUM o('y7S,Oa FAIR MARKET VALUE RIDER PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFER TAX MORTGAGE TAX(Mortgagee) MORTGAGE TAX(Mortgagor) COMMUNITY PRESERVATION FUND • SURVEY INSPECTION DEPARTMENTALSEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE BANKRUPTCYSEARCH RECORDING FEES: (/)DEED(S) ( )SATISFACTION(S) ( )MORTGAGE(S) ( )CONSOLIDATION,EXTENSION&MODIFICATION AGREEMENT(S) ( )MORTGAGE AFFIDAVIT(S) ( )ASSIGNMENT(S) TOTAL CHARGES S p O CLOSER CHARGES,IF ANY: PICK-UP FEE OTHER: • PATRICIA L.FALLON TITLE CLOSER OF SOUTHOLIO214 53095 MAfN ROAD MCGUNNIGLE TO TOWN SOUTHOLD, NEW YORK 11971-0959 NO 067909 .. THESDFFOLKCOUNI NATIOWMNK CVMW NY 11936 • :. DATE CHEC040 AMOUNT 08/06/20302 67909 $2 ,599 . 00 TWO THOUSAND FIVE HUNDRED NINETY NINE AND 00/100 DOLLARS PAY TO COMMONWEALTH LAND TITLE SNS CO THE 177 OLD COUNTRY ROAD ORDER PO BOX 419 RIVERHEAD NY 11901 NP 11106790911' 1:0214054641: 63 000004 011' VENDOR 003350 COMMONWEALTH LAND TITLE INS CO 08/06/2002 CHECK 67909 FUND & AGEeT64Tm Q n 4 rD'ZTQIOT nFG('RTPTTnTT AMOUNT H3 . 8660 . 2 . 600 . 100 TITLE-MCGUNNIGLE 2 , 599 . 00 TOTAL 2 , 599 . 00 • • TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 TOWN OF SOUT19OLll 14 -53095 MAIN ROAD SOUTHOLD, NEWYORK 11871-0959 NO. O67905 y9O5 THE SUF=COUNt1't"OHAL MNK g� UE,NY 11835 DATE DHEOKNO AMOUNT 08/08/2002 67905 **$50.00** PAY TO THE PAT FALLON O��A 11106790SIll 1:02i40S464l: 63 000004 0110 VENDOR # 6013 PAT FALLON 08/06/2002 CHECK 1167905 FUND/ACCOUNT PO # INVOICE # DESCRIPTION AMOUNT H3.8660.2.600. 100 080602 MCGUNNIGLE TO TOWN OF SOUTHOLD TITLE CLOSER FEE 50.00 TOTAL 50.00 • PETER J. COSTIGAN ATTORNEY AT LAW • PlO a�°zlloc��ie�ue • .�oata�.e'''��e�naas��tmt�o� �'��. 11��6 TEL 631 473-2000 FAX 631 928-8578 July 25, 2002 Via Facsimile Gregory F. Yakaboski, Esquire Town Attorney Town of Southold D 111711 P. O. Box 1179 Southold, New York 11971-0959 JUL In re: McGunnigle to Town of Southold TOWN ATTORNEYS OFFICE TOWN OF SOUTHOLD Dear Mr. Yakaboski: I transmit herewith proposed closing statement for the captioned transaction. I set forth my calculations with respect to the acreage and tax adjustments: • Acreage Adjustment (Purchase Price) $500,000.00 \J (Total acreage) 25.52 -. _ $19,592.476 per acre $19,592.476 x .46 (acreage to be conveyed to Goehringer) = $9,012.54 Adjusted price = $500,000.00 - $9,012.54 = $490,987.46 Tax Adjustment (Total tax) $7.066.33 (Total acreage) 28.52 = $247.77 per acre per year 247.77 365 = $.68 per diem per acre a 117 days per acre = $79.56 (Acreage to be conveyed to Town of Southold) 25.06 x $79.56 = $1,993.77 PETER J. COSTIGAN ATTORNEY AT LAW Gregory F. Yakaboski, Esquire July 25, 2002 Page 2 Since I do not have sufficient funds in escrow, I propose crediting the Town with the sum of$1,964.00 for New York State transfer tax. I am advised by Mr. Olsen that the covenant has been signed by my client and has been forwarded to the Health Department for approval. The conveyance will be made subject to the covenant, a copy of which I transmit herewith. Please call me should you have any questions. ery truly yours, PETER J. COSTIGAN PJC:jps Enclosures cc: Mrs. Agnes D. McGunnigle R • E C O R D E D D • E E D • �I 1111111 IIII IIIII IIIII 11111 11111 11111 111111111111111111 1111111 11111 IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 08/16/2002 Number of Pages : 5 At: 08 :38 : 03 AM TRANSFER TAX NUMBER: 02-02593 LIBER: D00012203 PAGE : 889 District: Section: Block: Lot: • 1000 106. 00 06. 00 020 . 003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $490, 978 . 46 :Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15 .00 NO Handling $5 .00 NO COE $5 . 00 NO NYS SURCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $25 . 00 NO TP-584 $5 . 00 NO Cert.Copies $0 . 00 NO RPT $30 . 00 NO SCTM $0 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $105. 00 TRANSFER TAX NUMBER: 02-02593 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County • 2 - .. , 3 Number ofpages TORRENS RcCCs'RG`0 • 2GT< '.IlIg 1- ��il:Via:0: W Serial# = =`^- P.Roraaine -tom OF Certificate# -`'7w-d-K C9LF+?V -- L n@70121"c3 .....Prior CIE#F.`. - ° 929 DT? 02-ff'51C Deed?Mortgage lastrument Deed/Mortgage Tex Stamp Recording/Filing Stamps „ J - FEES .. Page/Filingyee x Handling 5 Mortgage Amt TP-5941.Basic Tax — ' Notation 2.Additional Tax 'EA-5217(County) _5 _ Sub Total Sub Total �S Spec./Assit EA-5217(State) Or Spec./Add. TOT.MTG.TAX Comm.of Ed. 500 Dual Town u Fi —_Dual County_ Affidavit -rail% 2� - Held for Apportionment +'- Transfer Tax Certified COPY �°w�°/�5�'71 a V —T Mansion Tax Reg.Copy - The property covered by this mortgage is or Other Sub Total will a droved by a one or two family • YES - or NO GRAND TOTAL If NO,see appropriate lax clause on page q /1 —of this instrument. 5 Real property Talc Service Agency Verification 6 Community Preservation Fund Hier. . I Seetino. .Block Lot Consideration Amount $ Stamp ID; 02029228 Ltioo iosoo oeoo 020003 p T J1\ CPF Tax Due S Date R RTH A Initials } �! Impros ed 14-AUG-0 t 7 Satisfactions/D ischarges/Releases List Property Owners Mailing Address Vacant Land RECORD&RETURN TO: TD _ GREGORY F. YAKAB6SKI,' ESQUIRE TOWN ATTORNEY, TOWN OF SOUTHOLD 7f) 53095 ROUTE 25 TD P. 0- BOX 1179 SOUTHOLD, NEW YORK 11971-0959 8 Title Company Information Co. Name lrylo Title# w g Suffolk Count Recordin & Endorsement Page This page forms pan of the attached deed AGNES D. 7[C GLNNIGLE (SPECIFY TYPE OFINSTRUNIENT) - made by; - the premises herein`,iss situated,'in - --- - • SUFFOLK CO r CINTY,.NEW YORK' .fo In the l'ownslap of SOUTHOLD TOWN OF SOUTHOLD in the VILLAGE _ i or 1JANILE1 of s '` ltATxL'L'UCA,; BOXES 5 THRU 9 XTUST BE TYPED OR PRIMED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. CONSULT YOUR LAWYER BEFORE SIGNING THIS MSTRUMENT•THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 6th dayof August, 2002, • BETWEEN AGNESD..MC GUNNIGLE, residing at 52A North Road, Route 2, Southold, New YOrk 11971 party of the first part,and TOWN OF SOUTHOLD, a municipal corporation existing under and by virtue of the laws of the State of New York, having its principal office at 53095 Main Road, Southold, New York 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of TEN ($10.00)------------------ - art,does hereby -- dollars paid by the party of the second P y 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 Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof. 1 BEING AND INTENDED TO BE those same premises conveyed to Agnes D. McGunnigle by Frances P. Bird, by deed-dated 10/29/65 and recorded in the Office of the Clerk of the County of Suffolk on 11/9/65 in Liber 5856 of conveyances at page 202. SUBJECT to a declaration of covenants and restrictions dated the 12th day of July, . 2002 made by the party of the first part and recorded or to be recorded in the - Office of the Clerk of the County of Suffolk, a copy of which has been furnished to the party of the second part. Dist. AS SET FORTH in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold • 1000 OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority Sec. of the Town Board after a public hearing and upon the approval of the electors of 106.00 the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the Block limitations imposed upon the alienation of development rights acquired by the Town 06.00 Prior to any such amendment. This covenant shall run with the land in perpetuity. Lot 0 .000 02020.000 TOGETHER with all right, this 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"when ever 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. A' S 'Z,'UAATOZE� • TOVN OF SO THOLD By: J0S . HORTON, own upervisor Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Ads—Uniform ArRnawledgmenl Form 3290 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE Slate of New York,County of Suffolk ss: State of New York,County of Suffolk ss: • On the 6th day of August, intheyear 2002 On the 6th day of August, intheyear 2002, before me,the undersigned,personally appeared before me,the undersigned,personally appeared AGNES D. MC GUNNIGLE JOSHUA Y. HORTON, Southold Town Supetvisor, 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 name(s)is satisfactory evidence to be the individuals)whose name(s) 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 helshe/they executed the same in his/her/their capacily(ies), and that by his/her/their signature(s) on the capacity(ies), and that by histher/Iheir 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 individual(s)acted,executed the instrument. the individual(s)acted,executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) PATRICIA L.`ALLON PATRMIA L.r kll()N 6lotary?ublic,S[ata of New York Notary P.blic,Stats o Naw York No. �35Q14E NaAwnJi4e Qualified:r.SufoR Ccuny Orli!lfi]d.n S_''cik county Comm;svcn.e>p'ras Ann!2II, iry✓i Cc•mmissi,n Expires April a4, .tea 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 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,and that such individual made such appearance before the undersigned in the n (insert the City ar other political subdivision) land insert the State ar Country Or other place the acknowledgment was taken) (signature and office of intlividual taking acknpwledgment) • BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK LOT Title No. COUNTY OR TOWN STREETADDRESS AGNES D. MC GUNNIGLE TO TOWN OF SOUTHOLD ¶�g� ¶�¶��j�p TITLE R AI T S�FF Ha�!r415OR IITLE GREGORY F. YAKABOSKI, ESQUIRE AGENCY LTD. TOWN ATTORNEY -1 la IC V Il d,IL 111 TOWN OF SOUTHOLD 1529 Main Street 53095 Route 25, P.O.BOX 1179 Port Jefferson,NY. 11777 SOUTHOLD, NEW YORK 11971-0959 w U W O CI 2 O K O U W 2 O W w 0 a a N F W R W N Q File No.: RH80012793 • SCHEDULE A - DESCRIPTION AMENDED 07/19/02 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner marked by a monument at the Intersection of the northerly side of Bay View Avenue and the easterly side of Mill Road; RUNNING THENCE along the easterly side of Mill Road, North 19 degrees 20 minutes 20 seconds East, 970.88 feet to the southerly side of land now or formerly of McGunnigle; THENCE along said land the following two (2) courses and distances: (1) South 70 degrees 39 minutes 40 seconds East, 400.00 feet; (2) North 19 degrees 20 minutes 20 seconds East, 219.58 feet to land now or formerly of Chudiak; RUNNING THENCE along said lands the following nine (9) courses and distances: (1) South 67 degrees 20 minutes 20 seconds East, 73.95 feet; (2) South 68 degrees 15 minutes 40 seconds East, 52.11 feet; (3) South 67 degrees 14 minutes 10 seconds East, 39.54 feet; • (4) South 71 degrees 46 minutes 20 seconds East, 51.02 feet; (5) South 88 degrees 34 minutes 40 seconds East, 71.34 feet; (6) South 83 degrees 54 minutes 40 seconds East, 126.31 feet; (7) South 80 degrees 28 minutes 20 seconds East, 107.79 feet; (8) South 68 degrees 14 minutes 40 seconds East, 45.60 feet; (9) North 68 degrees 25 minutes 30 seconds East, 32.34 feet to a monument; THENCE South 20 degrees 01 minute 20 seconds East, 98.70 feet to a monument set in the northwesterly corner of Lot Number 35 as shown on "Map of Shore Acres" filed in the Suffolk County Clerk's Office on January 3, 1914 as Map Number 41; THENCE along the westerly line of Lots 30 to 35 inclusive as shown on said map of Shore Acres, South 13 degrees 39 minutes 10 seconds West, 322.39 feet to the southerly line of Lot Number 30 as shown on said map; THENCE along the southerly line of said Lot Number 30 South 83 degrees 51 minutes 15 seconds East, 157.29 feet to a monument set in the westerly side of North Drive (Private); THENCE along the westerly line of said North Drive South 6 degrees 08 minutes 45 seconds West, 50.00 feet to a monument set in,the northeasterly corner of Lot Number 28 as shown on said map; THENCE along the northerly line of Lot Number 28 North 83 degrees S1 minutes 15 seconds West, 163.88 feet • to a monument set in the northwesterly corner of said Lot Number 28; THENCE along the westerly line of Lots 22 through 28 inclusive as shown on said map South 13 degrees 39 minutes 10 seconds West, 353.01 feet to an iron pipe at the division line of Lot Number 21 as shown on said map and the easterly line of land of now or formerly of McGunnigle; Fee Policy Insert Policy/File No: 80012793 • THENCE along the northerly line of land now or formerly of McGunnigle North 83 degrees 51 minutes 15 seconds West, 40.00 feet to a monument; THENCE South 69 degrees 03 minutes 18 seconds West; 97.19 feet; THENCE along the westerly line of land now or formerly of McGunnigle South 13 degrees 39 minutes 10 seconds West, 242.43 feet to the northerly line of Bay View Avenue; THENCE along the northerly side of Bay View Avenue the following three (3) courses and distances: (1) South 77 degrees 03 minutes 45 seconds West, 15.08 feet to a monument; (2) North 67 degrees 37 minutes 20 seconds West, 261.48 feet to a monument; (3) North 83 degrees 00 minutes 10 seconds West, 772.83 feet to the point or place of BEGINNING. • a' • ALTA Owner's Policy Date Printed August 1, 2D Schedule A - Description T • I T L E P O L I • C Y • ISSUED By COMMONWEALTH LAND'hTLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Commonwealth A LANDAMERICA COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,COMMONWEALTH LAND TITLE INSURANCE COMPANY,a Pennsylvania corporation,herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it§ corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY t By. (/ Attest (((((��✓✓i/✓✓/� aw" V'C Secretary ' i �I President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the affect of any violation of these laws,ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no toss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer, or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy(10/17/92) Valid only if Schedules A and B and Cover are attached Face Page Fnrm 1190.1 A .+ .^J.rw l File No.: RH80012793 SCHEDULE A LandAmerica Commonwealth Amount of Insurance: $490,987.46 Policy No.: RH80012793 Date of Policy: August 6, 2002 1. Name of Insured: TOWN OF SOUTHOLD, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD, a municipal corporation By deed made by AGNES D. McGUNNIGLE to the INSURED dated August 6, 2002 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. 4. The land referred to in this policy is described on the annexed Schedule A - Description. • Countersigned: Authorized Officer or Agent • Fee Policy Insert AUG. 6. 2002 9 : 09AM CLTIC RIVERHEAD N0. 016 P. 3 File No.: RHSO012793 SCHEDULE B Exceptions from Coverage • This policy does not insure against loss or damage land the Company will not pay costs, attorneys, fees or expenses) which arise by reason of the following: 1. Electric agreement recorded in Liber/Reel 1363 page 186; (coPy herein). 2. Together with the benefits Agreement Easement recorded in Liber/Reel 1051 page 498 and Liber/Reel i 1107 page 230; C& R'S set forth therein expired. 3. Survey made by John C. Ehlers, Land Surveyor dated 07/18/02 shows vacant land, a)60 foot wide Lilco Right of Way, overhead power lines and towers cross southeasterly portion of the premises; b)Path in southerly and westerly portion of the premises, subject to possible easement rights of others than the insured in, to and over same. No other variations or encroachments. • I • Fee Policy Insert 1 File No.: RH80012793 SCHEDULE A - DESCRIPTION • AMENDED 07/19/02 ALL that certain,plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner marked by a monument at the intersection of the northerly side of Bay View Avenue and the easterly side of Mill Road; RUNNING THENCE along the easterly side of Mill Road, North 19 degrees 20 minutes 20 seconds East, 970.88 feet to the southerly side of land now or formerly of McGunnigle; THENCE along said land the following two (2) courses and distances: (1) South 70 degrees 39 minutes 40 seconds East, 400.00 feet; (2) North 19 degrees 20 minutes 20 seconds East, 219.58 feet to land now or formerly of Chudiak; RUNNING THENCE along said lands the following nine (9) courses and distances: (1) South 67 degrees 20 minutes 20 seconds East, 73.95 feet; (2) South 68 degrees 15 minutes 40 seconds East, 52.11 feet; (3) South 67 degrees 14 minutes 10 seconds East, 39.54 feet; • (4) South 71 degrees 46 minutes 20 seconds East, 51.02 feet; (5) South 88 degrees 34 minutes 40 saconds East, 71.34 feet; x (6) South 83 degrees 54 minutes 40 seconds East, 126.31 feet; (7) South 80 degrees 28 minutes 20 seconds East, 107.79 feet; (8) South 68 degrees 14 minutes 40 seconds East, 45.60 feet; (9) North 68 degrees 25 minutes 30 seconds East, 32.34 feet to a.monument; THENCE South 20 degrees 01 minute 20 seconds East, 98.70 feet to a monument set in the northwesterly corner of Lot Number 35 as shown on "Map of Shore Acres" filed in the Suffolk County Clerk's Office on January 3, 1914 as Map Number 41; THENCE along the westerly line of Lots 30 to 35 inclusive as shown on said map of Shore Acres, South 13 degrees 39 minutes 10 seconds West, 322.39 feet to the southerly line of Lot Number 30 as shown on said map; THENCE along the southerly line of said Lot Number 30 South 83 degrees 51 minutes 15 seconds East, 157.29 feet to a monument set in the westerly side of North Drive (Private); THENCE along the westerly line of said North Drive South 6 degrees 08 minutes 45 seconds West, 50.00 feet to a monument set*fthe northeasterly corner of Lot Number 28 as shown on said map; THENCE along the northerly line of Lot Number 28 North 83 degrees 51 minutes 15 seconds West, 163.88 feet • to a monument set in the northwesterly corner of said Lot Number 28; THENCE along the westerly line of Lots 22 through 28 inclusive as shown on said map South 13 degrees 39 minutes 10 seconds West, 353.01 feet to an iron pipe at the division line of Lot Number 21 as shown on said map and the easterly line of land of now or formerly of McGunnigle; Fee Policy Insert Policy/File No: 80012793 THENCE along the northerly line of land now or formerly of McGunnigle North 83 degrees 51 minutes 15 • seconds West, 40.00 feet to a monument; THENCE South 69 degrees 03 minutes 18 seconds West; 97.19 feet; THENCE along the westerly line of land now.or formerly of McGunnigle South 13 degrees.39 minutes 10 seconds West, 242.43 feet to the northerly line of Bay View Avenue; THENCE along the northerly side of Bay View Avenue the following three (3) courses and distances: (1) South 77 degrees 03 minutes 45 seconds West, 15.08 feet to a monument; / (2) North 67 degrees 37 minutes 20 seconds West, 261.48 feet to a monument; (3) North 83 degrees 00 minutes 10 seconds West, 772.83 feet to the point or place of BEGINNING. • • ALTA Owner's Policy Date Printed August 1, 20, Schedule A - Description File No.: RH80012793 Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY NO. RH80012793 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. 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." .22 The following is added to Paragraph 7 of the Conditions and Stipulations.of this,policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is • subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: August 6, 2002 Issued at: Commonwealth Land Title Insurance Company 177 Old Country Road, PO Box 419 Riverhead, NY 11901 y Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the The following terms when used in this policy mean: Company may pursue any litigation to final determination by a court of (a) "insured": the insured named in Schedule A, and, subject to any competent jurisdiction and expressly reserves the right, in its sole discretion, rights or defenses the Company would have had against the named insured, to appeal from any adverse judgment or order. • those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the,name of the insured for this purpose. (b) "insured claimant": an insured claiming loss or damage. Whenever requested by the Company, the insured, at the Company's (c) "knowledge" or "known": actual knowledge, not constructive expense, shall-give the Company all reasonable aid (i) in any action or knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or (d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy described or referred to in Schedule A, nor any right , title, interest, estate shall terminate, including any liability or obligation to defend, prosecute,or or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this policy, S. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall to real properly to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or respect to Section 1(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of records of the clerk of the United States district court for the district in loss or damage and shall slate, to the extent possible, the basis of which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss (g) "unmarketability of the title": an alleged or apparent matter affecting or damage, the Company's obligations to the insured under the policy shall the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such released from the obligation to purchase by virtue of acontractual proof of loss or damage. condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the OF TITLE. Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks, favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after in the land, or holds an indebtedness secured by a purchase money Dade of Policy, which reasonably pertain to the loss or damage. Further, if mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records, shall not continue in force in favor of any purchaser from thestnsured of books, ledgers, checks, correspondence and memoranda in the custody or either(i) an estate or interest in the land, or (ii)an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the The insured shall notifythe Company promptly in writing t m case of administration of the claim. Failure of the insured claimant to submit for g y p p y g O examination under oath, produce other reasonably requested information any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall or grant permission to secure reasonably necessary information from third come to an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the adverse to the title to the estate or interest, as insured, and which might Company under this policy as to that claim. cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION"OF LIABILITY. to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, In case of a claim under this policy, the Company shall have the following however, that failure to notify the Company shall in no case prejudice the In options: rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the INSURED CLAIMANT TO COOPERATE. time of paymant or tender of payment and which the Company is obliga- ted to pay- (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be adverse to the title or interest as insured, but only as to (hose stated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured or against by this policy. The Company shall have the right to select counsel With the Insured Claimant. of its choice (subject to the right of the insured to object for reasonable 0) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together not be liable for and will not pay:xhe fees of any other counsel. The with any costs. attorneys' .fees and expenses incurred by the insured Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up td time of payment in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay: or against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' -(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is opinion may be necessary or desirable to establish the title to the estate or obligated to pai interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage. other Than the payments concede liability or waive any provision of this policy. If the Company required to be made, shall terminate, including any liability or obligation to shall exercise its rights under this paragraph, it shall so diligently_ defend, prosecute or contino gy litigation. Cond.—als and Stipulations Continued Inside Cover B 1190-IA tV V„1,,,VOVf 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. This policy is a contract of indemnity against actual monetary loss or damage (a) The Company's Right of Subrogation. sustained or incurred by the insured claimant who has suffered loss or damage by Whenever the Company shall have settled and paid a claim under this n of matters insured against by this policy and only to the extent herein policy,all right of subrogation shall vest in the Company unaffected by any act of ibed. the insured claimant. (a) The liability of the Company under this policy shall not exceed the least The Company shall be subrogated to and be entitled to all rights and of: remedies which the insured claimant would have had against an (i) the Amount of Insurance stated in Schedule A;or, 9 any person or P (ii) the difference between the value of the insured estate or interest property in respect to the claim had this policy not been issued. If requested by as insured and the value of the insured estate or interest subject to the defect,lien the Company, the insured claimant shall transfer to the Company all rights and or encumbrance insured against by this policy. remedies against any person or property necessary in order to perfect this right of (b) In the event the Amount of Insurance stated in Schedule A at the Date subrogation. The insured claimant shall permit the Company to sue, compromise of Policy is less than 80 percent of the value of the insured estate or interest or the or settle in the name of the insured claimant and to use the name of the insured full consideration paid for the land,whichever is less,or if subsequent to the Date claimant in any transaction or litigation involving these rights or remedies. of Policy an improvement is erected on the land which increases the value of the If a payment on account of a claim does not fully cover the loss of the insured estate or interest by at least 20 percent over the Amount of Insurance insured claimant,the Company shall be subrogated to these rights and remedies stated in Schedule A,then this Policy is subject to the following: in the proportion which the Company's payment bears to the whole amount of the (i) where no subsequent improvement has been made, as to any loss. partial loss,the Company shall only pay the loss pro rata in the proportion that the If loss should result from any act of the insured claimant, as stated above, amount of insurance at Date of Policy bears to the total value of the insured estate that act shall not void this policy,but the Company,in that event,shall be required or interest at Date of Policy; or P Y. q (ii) where a subsequent improvement has been made, as to any to pay only that part of any losses insured against by this policy which shall partial loss,the Company shall only pay the loss pro rata in the proportion that 120 exceed the amount, if any, lost to the Company by reason of the impairment by percent of the Amount of Insurance stated in Schedule A bears to the sum of the the insured claimant of the Company's right of subrogation. Amount of Insurance stated in Schedule A and the amount expended for the (b) The Company's Rights Against Non-insured Obligors. improvement. The Company's right of subrogation against non-insured obligors shall exist The provisions of this paragraph shall not apply to costs,attorneys'fees and and shall include, without limitation, the rights of the insured to indemnities, expenses for which the Company is liable under this policy,and shall only apply to guaranties, other policies of insurance or bonds, notwithstanding any terms or that portion of any loss which exceeds,in the aggregate, 10 percent of the Amount conditions contained in those instruments which provide for subrogation rights by of Insurance stated in Schedule A. reason of this policy. (c) The Company will pay only those costs, attorneys'fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 14. ARBITRATION. 8. APPORTIONMENT. Unless prohibited by applicable law, either the Company or the insured may If the land described in Schedule A consists of two or more parcels which are demand arbitration pursuant to the Title Insurance Arbitration Rules of the not used as a single site, and a loss is established affecting one or more of the American Arbitration Association. Arbitrable matters may include, but are not parcels but not all,the loss shall be computed and settled on a pro rata basis as if limited to,any controversy or claim between the Company and the insured arising the amount of insurance under this policy was divided pro rata as to the value on out of or relating to this policy, any service of the Company in connection with its Date of Policy of each separate parcel to the whole, exclusive of any issuance or the breach of a policy provision or other obligation. All arbitrable improvements made subsequent to Date of Policy, unless a liability or value has matters when the Amount of Insurance is$1,000,000 or less shall be arbitrated at qlWse been agreed upon as to each parcel by the Company and the insured at the option of either the Company or the insured. All arbitrable matters when the e of the issuance of this policy and shown by an express statement or by Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when a dorsement attached to this policy. agreed to by both the Company and the insured.Arbitration pursuant to this policy 9. LIMITATION OF LIABILITY. x and under the Rules in effect on the date the demand for arbitration is made or,at (a) If the Company establishes the title,or removes the alleged defect,lien the option of the insured, the Rules in effect at Date of Policy shall be binding or encumbrance,or cures the lack of a right of access to or from the land,or cures upon the parties. The award may include attorneys' tees only if the laws of the the claim of unmarketabilfly of title,all as insured,in a reasonably diligent manner state in which the land is located permit a court to award attorneys' fees to a by any method,including litigation and the completion of any appeals therefrom,it prevailing party. Judgment upon the award rendered by the Arbitrators) may be shall have fully performed its obligations with respect to that matter and shall not entered in any court having jurisdiction thereof. be liable for any loss or damage caused thereby. The law of the situs of the land shall apply to an arbitration under the Title (b) In the event of any litigation,including litigation by the Company or with Insurance Arbitration Rules. the Company's consent, the Company shall have no liability for loss or damage A copy of the Rules may be obtained from the Company upon request. until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom,adverse to the title as insured. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (c) The Company shall not be liable for loss or damage to any insured for (a) This policy together with all endorsements, if any, attached hereto by liability voluntarily assumed by the insured in settling any claim or suit without the the Company is the entire policy and contract between the insured and the prior written consent of the Company. Company. In interpreting any provision of this policy, this policy shall be 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF construed as a whole. LIABILITY. (b) Any claim of loss or damage,whether or not based on negligence,and All payments under this policy, except payments made for costs, attorneys' which arises out of the status of the title to the estate or interest covered hereby or fees and expenses,shall reduce the amount of the insurance pro tanto. by any action asserting such claim,shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by 11. LIABILITY NONCUMULATIVE. a writing endorsed hereon or attached hereto signed by either the President, a It is expressly understood that the amount of insurance under this policy Vice President, the Secretary, an Assistant Secretary, or validating officer or shall be reduced by any amount the Company may pay under any policy insuring authorized signatory of the Company. a mortgage to which exception is taken in Schedule B or to which the insured has agreed,assumed,or taken subject,or which is hereafter executed by an insured 16. SEVERABILITY. and which is a charge or lien on the estate or interest described or referred to in In the event any provision of the policy is held invalid or unenforceable under Schedule A,and the amount so paid shall be deemed a payment under this policy applicable law, the policy shall be deemed not to include that provision and all to the insured owner. other provisions shall remain in full force and effect. 12. PAYMENT OF LOSS. (a) No payment shall be made ;without producing this policy for 17. NOTICES WHERE SENT. endorsement of the payment unless the policy has been lost or destroyed, in All notices required to be given the Company and any statement in writing which case proof of loss or destruction shall be furnished to the satisfaction of the required to be furnished the Company shall include the number of this policy and ny. shall be addressed to:Consumer Affairs Department,P.O.Box 27567,Richmond, When liability and the extent of loss or damage has been definitely Virginia 23261-7567. 11 accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. NM PA 10 ALTA Owner's Policy(10/17/92) Form 1190-3 cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached NEW YORK OFFICES NEW YORK STATE OFFICE f 655 Third Avenue New York, New York 10017 (212)949-0100 FAX:(212)983-8430 BUFFALO 37 Franklin Street,Suite 100 Buffalo,New York 14202 (716)653-6800 A WORD OF THANKS ..... FAX:(716)853-6806 1- GARDEN CITY As we make your policy a part of our permanent 1325 Franklin Ave.Suite 160A records, we want to express our appreciation Garden City,New York 11530 of this evidence of your faith in Commonwealth (516)742-7474Land Title Insurance Company. FAX:(518)742-7454 OWNERS POLICY OF NEW CITY TITLE INSURANCE There is no recurring premium. 17 Squadron Boulevard,Suite 302 This policy provides valuable title protection and New York,New York 10956 (10/17/92) we suggest you keep it in a safe place where it (845)634-7070 will be readily available for future reference. FAX:(845)6348513 If you have any questions about the protection RIVERHEAD h provided by this policy, contact the office that 177 Old Country Road AMEMAN LAND TrrcE ASSOCIATION issued your policy or you may write to: Riverhead,New York 11901 (631)727-7760 Consumer Affairs Department FAX:(631)727-7818 ISLANDIA Commonweaith Land Title 1777-6 Veterans Memorial Hwy Insurance Company Isiandia,New York 11722 y (631)"232.3503 FAX:(631)232-3617 P.O. Pox 27567 WHITE PLAINS Issued By Richmond,Virginia 23261-7567 CoM oNwr ii LwD 1YrLE INSURANCE COMPANY TOLL FREE NUMBER: 1-800-446-7086 50 Main Street White Plains,New York 10606 (914)949.0002 Commonwealth FAX:(914)94, x180 nLWDAmmP comewr NATIONAL TITLE SERVICE Title insurance Since 1876 655 Third Avenue HOME OenCE: New York, New York 10017 101 Gateway Centre Parkway,Gateway One (212)949-0100 Richmond,Virginia 23235-5153 B 1190-3 P • R O P E R T Y R • E C O R D S • .... f� &2tk [st:.° 11ar all Ilry.L.!!ll',,fd}I 1lr Jlf � ..... :. _. 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File View Toolbar Help w 106 6-20.3 4738$9 SoutholdAeRve RFS O School: "Pattittc,k, pool: • tvtt d( attt rttld, RollYear 12009 Next'Yr Municpj park " Land AV 7,500 5dytiPyq 14ve Land Sire 25 06 acres Total AV: 7,500 Shiner -'I Total 1 Taxable Value Miscellanaqus Nrpe„ Town of Southold County. 0 Book. 122Q3 AddiAddr Muni 0 page: 889 Street 53095 Route 75 School 0 Mortg PQ,BnH 7129; Bank: Ci[!1"" Soukhold; l4Y zip: 11971- Schl after Star. 0 Acct No 14 Total 2 Site 1 of 1 Land 0 of 0 Book Page Sale"Date Sale Price Owner Pipcls: Municpl park 12;?70. 38 09/051/02 60,000 Mcalunniale, Th( Nbad Cd 0 12203 88908!06102 491,000 Town, Of Southi Sewer Water Utilities' Exemption Total 1 - Term= Own Building- Section: Total 0 Code .ArcOUnt Year ` PoE.'. 13500 TOWN OWNEI 7.500 0 0 Special District Total 4 Value! .4 Improvement Total' 0 Code Units Pct Type " Move Ta•', Type Name Dim1 'Dim2 SQFT Yr Built F0030 Mattituck FD .00 '.00 .00 PK071" Mattituck Parl 00 _00 00 • Double dick to open a window • _1 22 _ •SEE SEC.W.099 ., SEE SEC.NO.099 `.... _ LANE +_MATCH TIME - =vel IAd(cl a. !Cn Pot. 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MCA, At 7.6 24.1'< / /, . „•', \:� e° n,2.OAI1U 8.3 l.OAld 1.04([ A 1 r v/•A a M1 y //q//$ \ \ j�,y 2.5 2.6AIcl 5 1.4(d' J2.ORc1 21.1 24.2 `I 5.1 3 1.641d 1.OAld \ u°A A/ v. a1 \N 1.4 3% _ _ 2.041 ) 1"b 30 rnxau'u"uv Y ,��';•' W qp]' \ . .` \\`: �.. " a x � µ laud 39a - u xa 15 f"j6v"11 ,�y: 'f°' ,. vvv v 1 0 .•5 � V 0 y /2 13 €� • 3 eO Ae w w, SEE Y[. S W.III COUNTY OF SUFFOLK © K "6°6 SOUTHOLD SECTION NO ,E `xFOtio.wc "O"IFEC": NOTICEE 3 Y.Lx MAINTENANCE,ALTERATMW,SALE DR ® Real Property Tax Service Agency Y VILLAGEOF - 106 ENTRAxT 111TReuTI M OF ANY PORTION OF THF ® Canty Center Riverhead,11 Y 11901 M 1°s '°` RFuY $IFFCIM LO,IHIY TAX MAP 5 PHOW911L1] $ �• SCALE IN FEET' A ."TE.nfx 4HHam WRITTEN PEREESSUM OF THE P pT p6IR6T a iOga PROPERTY MAP REAL XROTERLY TAX YRncE AGENCY. Lfxu4RSO DATE- Auu ze.IXIM _ PLANNING BOARD MEMBERSo�pSUFFO[,t�o BENNETT ORLOWSKI,JR. s Gy P.O. Box 1179 • Chairmen Town Hall, 53095 State Route 25 W Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS y?f�l ��0� Fax(631) 765-3136 MARTIN SIDOR,JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 13, 2002 David W. Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935 RE: Proposed Set-off for Agnes McGunnigle Northeast corner of Bay View Avenue and Cox Neck Road, Mattituck SCTM# 1000-106-6-14 & 20 Zoning Districts: R-80 • Dear Mr. Olsen: The following resolution was adopted''by the Southold Town Planning Board at a meeting held on Monday, August 12, 2002: The public hearing is closed. WHEREAS, this proposed set-off is to set off a 3.02 acre lot (Lot#1) from a 28.54 acre parcel; and WHEREAS, the Town has purchased the Fee Title to the remaining 25.52 acres (Lot #2) for open space purposes; and WHEREAS, this property is located within the Low-Density Residential R-80 Zoning District; and WHEREAS the Southold Town Planning Board granted sketch plan approval on November 5, 2001; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on November 5, 2002; and • WHEREAS, all conditions of sketch plan approval have been met; and • McGunnigle — Page Two —8/13/02 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated December 4, 2001, and authorize the Chairman to endorse the final maps. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any map not so filed or recorded within sixty (60) days of the date of final approval shall-become n 11 and-void. - -- -- Please contact this office if you have any questions regarding the above. Ve truly your nett Orlows i, Jr. Chairman • encl. cc: Land Preservation Coordinator Land Preservation Committee= Tax Assessors Building Department PLANNING BOARD MEMBERS �pgUFFO�,�c BENNETT ORLOWSKI,JR. ��� P.O. Box 1179 irm Chaan Town Hall, 53095 State Route 25 H Z Southold, New York 11971-0959 RICHARD CAGGIANO 0 �► Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L.EDWARDS 'y�IJ�l ���� Fax(631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 17, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Lot Line Change for Gerard Goehringer and Agnes McGunnigle Located on the northeast corner of Bay View Ave. & Cox Neck Rd., Mattituck SCTM# 1000-106-6-14, 16.2 and 20 Zoning District: R-80 Dear Ms. Moore: • The following took place at a meeting of the Southold Town Planning Board on December 16, 2002: WHEREAS, the Southold Town Planning Board granted conditional final approval on January 14, 2002 on the lot line change application of Gerard Goehringer and Agnes McGunnigle, SCTM#106-6-14, 16.2 and 20; and WHEREAS, all conditions of the approval have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated September 6, 2001, and authorize the Chairman to endorse the maps. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Land Preservation Coordinator/ Land Preservation Committee TITLE NO. RH 80012793 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) i Gerard P. Goehringer, being duly sworn, deposes and says: THAT I reside at Bayview Avenue, Mattituck, NY 11952; THAT I have reviewed the attached survey last dated February 11, 2002 by John C. Ehlers, Land Surveyor of the premises with Suffolk County Tax Map # 1000-106-6-16.2 (including p/o lots 419-21 of Map of Shore Acres); THAT the survey shows the property that my wife Barbara J. Goehringer and I already own together with the adjacent property that my wife and I are under contract to purchase from Agnes D. McGunnigle; THAT the new lot combining the property that my wife Barbara J. Goehringer and I already own and the adjacent property we are purchasing from Agnes D. McGunnigle was the subject of a lot line change approved by the Southold Town Planning Board on January 15, 2002; THAT since the date of the survey, I have relocated part of my driveway and installed landscaping so that all of my improvements will be completely within my property lines after the purchase from Agnes D. McGunnigle is completed; THAT I make this affidavit to induce Commonwealth Land Title Insurance Company to issue its policy of title insurance, knowing that they rely on the truth of fth statemen contained herein. Gerard P. Goehringer v r' Sworn to before me this -27 ut{ day of July, 2002 Notary Public MELISSA MCGOWAN Notary Public,State of New Ywk No.4995913 OudlfNed In Suffolk Cou commission Expinn May 4, SURVEI' OF PROPERTY S830510 '� (includin p/O lots #I�i-21) 40.UO' " MAP OF� SHORE ,OGRES 19 / �'T LOT W — I � E I FILED JANUARY 5, IG14 FILE No. 41 g"E / 21 �� 51TUATE: MATTITUGK o031 / S TOWN: SOUTHOLD SUFFOLK COUNTY, NY / z �o / Irp. 1 SURVEYED 09-19-OI / AMENDED II-14-01, „".ru- _ 12-13-0I, 0I-15-02 GERT. ADDED, " `/ ,x" h p/0 02-II-02 _ /-.----- ---_- ` LOT 0 SGT# 1000-106-6-16.2 / a shed \o,l ZO CERTIFIED TO: dr'veway pork'n9 area o O p /a o% LOT 0 GERARD P. GOEHRINGEP N 21 G BARBARA J. GOEHRINGER /.uri o ��� a AGUEBOGUE ABSTRACT INC, FIDELITY NATIONAL TITLE INSURANGE COMPANY OF NEW YORK 60 i is rJio Lor LOT 2) Iq P AlS� ao e'�e� � "`` 20 `( n Or• 0 s z e OQ W N /k - \ /o. ;tee P/O V / LOT / r 0 -as ' r►ZO � .>° r ` E ✓ ' ` i�`• RAZ "VAJr ` C. E ��/s / �� NOTES_ ■ MONUMENT -110 v 'YS 0 4 AREAS: '°• AREA : 50,175 5F OR 1.15 AGRES - - - 1 ` JOHN C. EHLERS LAND SURVEYOR GRAPHIG SCALE 1"-30' 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 ! --- RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.-\\HP SERVER\D\PROS\O I-274B.pro PLANNING BOARD MEMBER %gFFO(,(c ` BENNETT ORLOWSKI,JR. �`tO P.O. Box 1179 • Chairman C � Town Hall, 53095 State Route 25 WILLIAM J. CREMERS Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGEJR. 'j'�Ol �aO� Fax (631) 765-3136 RICHARD CAGG O PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 15, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Lot Line Change for Gerard Goehringer and Agnes McGunnigle Located on the northeast corner of Bay View Ave. & Cox Neck Rd., Mattituck SCTM# 1000-106-6-14, 16.2 and 20 • Zone: R-80 Dear Ms. Moore: ' The following took place at a meeting of the Southold Town Planning Board on January 14, 2002: The final public hearing was closed. The following resolution was adopted by the Southold Town Planning Board: WHEREAS, Gerard Goehringer is the owner of the property known and designated as SCTM#1000-106-6-16.2 located on the north side of Bay View Avenue in Mattituck; and WHEREAS, Agnes McGunnigle is the owner of the properties known and designated as SCTM#1000-106-6-14 and 20 located on the northeast corner of Bay View Avenue and Cox Neck Road in Mattituck; and. WHEREAS, this proposed lot line change between Gerard Goehringer and Agnes McGunnigle is to subtract 0.46 acres from a 28.53 acre parcel and to add it to a 0.69 acre parcel; and • WHEREAS, the purpose of the lot line change is to revise the property boundary so that the existing driveway is located within the Goehringer lot rather than within the McGunnigle property; and • Goehringer/McGunnigle — Page Two — 1/15/02 WHEREAS, as per the survey dated September 6, 2001, a small part of the existing driveway is shown as remaining within the McGunnigle property after completion of the lot line change; and WHEREAS, as per a letter from Pat Moore, dated January 8, 2002, the small part of the existing encroaching driveway will be relocated to within the amended boundary lines prior to the Town's purchase of the McGunnigle property; and WHEREAS, the Town of Southold is in contract to purchase the fee title to 25.52 acres of the 28.53 acre parcel for open space purposes; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, granted a Negative Declaration on December 10, 2001; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and • WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on January 14, 2002; and WHEREAS, all of the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning.Board grant conditional final approval on the maps, dated September 6, 2001, and authorize the Chairman to endorse the final maps subject to fulfillment of the following condition. This condition must be met within six (6) months of the date of this resolution: 1. The filing of a new deed showing the merger of the 0.46 acre area with the 0.69 acre Goehringer parcel and the filing of a new deed for the McGunnigle property. Please contact this office if you have any questions. Very truly yours, � Bennett Orlowski, Jr. • Chairman cc: Land Preservation Coordinator Land Preservation Committee �eOx 2010 Agnes McGunnigle Agnes McGunnigle of Southold died Jan.12 at her home.She was 92. She was bom in Manorville March 11,1917,to Philip and Agnes Dittmier. She was raised in Manorville and grad- uated from Riverhead High School. She married Stephen McGunnigle in January 1938 at Saints Peter and Paul Church in Manorville. Ms.McGunnigle was a homemaker and a volunteer at San Simeon by the Sound Nursing and Rehabilitation Center in Greenport,where she also played the organ. She was a longtime parishioner of St.Patrick R.C. Church in Southold, where she was a member of the Altar Rosary Society,a Eucharistic Minister and past president and current vice president of the Legion of Mary. Ms. McGunnigle also sang in the choir singer and was a lifelong mem- ber of the Audubon Society.Accord- ing to her family,she enjoyed fishing, playing cards, traveling around the world and the United States,cooking and buying and selling properties. Family members also said she"loved flowers and swapping plants with her friends,"and described her as a family person who was "adventurous" and "interested in everything." Predeceased by her husband in 1962, she is survived by her chil- dren, Mary Specht of Setauket, Ag- nes Dansereau of Greenport, Marge Chamberlin of Lynchburg,Va., Ste- phen,of Avoca,N.Y.,and Thomas,of Cutchogue;a sister,Margaret Rice of Alabama; 29 grandchildren; and 30 great-grandchildren. The family received visitors Jan. 16 and 17 at Coster-Heppner Funeral Home in cutchogue. Funeral ser- vices were held Jan. 18 at St.Patrick R.C. Church in Southold. Interment followed at St.Patricles Cemetery in Smithtown. Memorial donations may be di- rected to St. Joseph's Indian School, P.O.Box 100,Chamberlain,SD 57325; Dominican Sisters Family Health Ser- vice, 103-6 West Montauk Highway, Hampton Bays,NY 11946;or East End Hospice,P.O.Box 1048,Westhampton Beach,NY 11978. S • T E W A R D S H I • P . • �gUFFOI,r�, y� �G JAMES C. McMAHON G y� Town Hall,53095 Main Road • Administrator h Z P.O.Box 1179 O Southold,New York 11971 Telephone Fax (631) 765-1366 92 y�0 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT OFFICE MEMO To: All interested parties From: Jim McMahon Subject: Mill Road Preserve (McGunnigle Property) . Date: October 22, 2003 I will be working with the Peconic Land Trust and the Southold Highway Department over the next few weeks on the Mill Road Preserve, in Mattituck. We will be removing debris, brush hogging and removing some of the non-native and invasive trees and shrubs (Russian olive, multiflora rose and poison ivy) from the site. The brush hogging will preserve and maintain the open grasslands on the site, so we will have a mixture of habitats (grasslands, shrublands and mature woodlands) for the public to enjoy. Cornell has provided us with a GPS of the existing trails on the site and will incorporate this information in designing and constructing the trail layout. I anticipate the improvements to be completed by the end of November 2003. If you have any questions on the above, please give me a call. • A � E R I A L • • _. W Z N Q = ar 3k fi t + frl 1 - o Z ❑ 6 Q • m v m .. L C > N W c W O d �^ o p o Q o O u cke J � U Q U � � m ro _ m = o C I _ W J N W 1 T • R A I L G U I D • E • Mattituck N. Y. Welcome to Mill Road Preserve: The Town of Southold purchased this 27-acre parcel in 2002. The preserve includes approximately 9 acres of flat, old-Held ;hrubland/grasslands and 18 acres of mature woodland. .gym, Site History: z The Mill Road Preserve is located in an area known as "Cox's Neck" ` after Samuel Cox,who had constructed a tidal mill on Mattituck Inlet in 1821. This was one of the earliest tidal mills in the country and was operated by incoming and out going tides until around 1902. Dam Pond Maritime Reserve Mesa Arshamomaaue Preserve Town of Southold „40FF0(,�CQ PO Box 1179 Southold N.Y. 11971 owns Farm Preserve "Z+ '�� a� 631-765-1800 Mol �a http://southoldtowii.northfork.net Mill Road Preserve lelp protect and maintain the natural beauty and wildlife habitat of the area. Trail Guide Please: Stay on designated trails. Take nothing butpictures, leave nothing butfootpfints.. Educational cnntentprovided by 4D omm M the arne 1'rogm of: ao I.easbyour dog. Ce Uniwmty • _ 14 I/` CDoperatiw Extension I1�f Check carefully for ticks afteryour walk. of Suffolk County comso Im.e e.reo v_.m weal Of ,n,e am emq memwemvaraa The Mill Road Preserve is open to the publicyear-round from dawn to dusk. , PRESERVE Habitat and Wildlife: The trail head of the preserve opens into the old-field successional shrubland/grassland community. The majority of the old-field �. community is dominated by little bluestem l " grass, goldenrods and asters, and northern bayberry. Easrern red cedars are found scattered ) throughout this area and a small stand of black locust trees have become established in the northern end of this community. The old-field community ., provides a variety of food sources,with the grasses and forbs (perennial herbs) providing seeds for .: bobwhite quail and several varieties of songbirds. Evidence of whitetail deer bedding down in some of the higher grasses can be found throughout the preserve. y, The majority of the Mill Road Preserve is woodland. The forest at this site is a classic example of an American beech forest. The American beeches are the dominant species of tree in the preserve, but they are especially dense toward the property's northern boundary. American beeches stand out from oaks and other hardwoods due in their smooth,grayish-green bark and papery, large-toothed leaves. Another characteristic - of a beech forest is the presence of the parasitic plant, ',; beech-drop. This plant does not use sunlight to make -R its food,but rather,it taps into the beeches root system '„ and uses the food that the tree stores in its mots to grow and reproduce. Another characteristic of a mature, old-growth forest is the minimal amount ofplants growing in the understory. Due to the thick canopy of the dominant trees,a limited amount of light penetrates to the forest floor. Few plants can tolerate this shaded condition,so the understory in an old,undistrubed forest is typically open. Squirrels,mice and t , deer are common in the woodland as there is an abundant supply of nuts to be eaten. There are several old dead trees that show evidence of woodpecker activity and include holes hollowed out for nests. In the morning,snakes may be seen basking in the sun before starting their hunt for rodents,insects and amphibians. _ Site Map ' Key: For more information about this and other recreational SOFF0 1 opportunities in the Town of Southold,please contact: �O 1 e ! � Blue Trail Preserve � Town of Southold 631-765-1800 T Red Trail 1 = Trail Head PO Box 1179 or: Southold NY 11971 http://southoldtown.northfork.net S • U R V E Y • • FE3Y RVEY OF PROPERTY N OF qna Q'>��4�JgmeW a F N WE C6NE5 D'. McGUNN I6LEs q me o StQ E ,y OPEN 5PP\GE PURCHASE qk w e HE TOWNOE SOUTHOLD \ 51TUA�TE:MATTITUGK TOWN: 5OUTHOLD rest SUFFOLK GOUNTY, NY MAP PREPARED 01-18-02 __ \\ SUFFOLK COUNTY TAX a tAr�N 4 1000 - 106 - 6 - 20 d $ 4 \ SUB.�EG 6 - 6 - 14 `qn PARCEL F/O 1000 - 10 CHRTOFM TO: S68°5 me ,ycgg � gr, TOWN OF SOUTHOLD COMMONWEALTH LAND T79'0.0 f 7° $ l `� � DNSURANCECOMPANY7° 5j$q6 £ q9 en�y�M D p Q9 qF: i R 39' /'OF588°34'40"E4g/`F 4 , 37p° g e F ry 11.34' 4: 581028' O F' F 2530' `N r"s;.m qB17, F4 16. I 7.74' V- 15W D` ov �` N V gm F K3 am U w F d f o m >i — ae or 4 p£gD/MG Op SOT N a m ", Y7N�r fNsp1 442gF p 0I.1DASf `S 4 v'P/ N83°51'15"W I6 . 1 p 3.88 Q� om �6 Y Lu 49 — — 3- - - FINAL, SURVEY C 22 pp 2 \p7^V'\ N85 51'1 �A•o 40.0 T JUL 19 2002 D DEPT OF URD PRESERVATION P.0.0. qaF l c , as BAY9a a o VIEW AVEN UhQ� `09 Noyes: `�„'.4ti3 AT" �� * ■ MONUMENT ♦ STAKE 0�' TOTAL AREA - 25.06 AGRES �UF 15 �RAPwG sGALe 1„=ioo' JOHN C. EHI.ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 RIVERBEAD,N.Y. 11901 0 100 200 300 369-8288 Fax 369-8287 REP.-\\FIp serveM\PROS\01-2028.pro