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HomeMy WebLinkAboutConway, George T1000-63.1-1.5 Baseline Documentation Premises: 2325 Horton Lane Southold, New York 8.582 acres Development Rights Easement GEORGE T. CONWAY to TOWN OF SOUTHOLD Easement dated December 29, 1999 Recorded January 11, 2000 Suffolk County Clerk - Liber D00012012, Page 752 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area: Zoned: Existing Improvements: 1000-63-1-1.5 2325 Horton Lane Southold $102,984.00 ($12,000/acre) Chapter 6, Agricultural Land Preservation Funds n/a 8.582 acres 8.582 acres n/a R-80 three wood buildings in south corner, greenhouse and barn P R 0 P E R T Y V I S U A L S I [ Tax Map Location I I I I I I I I I I ! I I PHOTOGRAPHS OF SUBJECT VIEW OF SUBJECT PROPERTY - FACING WESTERLY HORTON LANE FACING NORTHERLY given associates I I I I I I I i ! 1 ! ! I PHOTOGRAPHS OF SUBJECT (CONTINUED) HORTON LANE FACING SOUTHERLY given associates Zoning Map] E N V I R O N M E N T A L S U M M A R Y 1 1 1 1 1 1 1 1 l 1 I I I i I Phase I Environmental Site Assessment Conway 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 Commemial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Town of Southold, County of Suffolk, New York. The subject property is a 8.58 acre parcel of farmland with some dilapidated farm improvements. The property is located on the west side of Horton Lane, 281.75 feet south of Middle Road. The property is more particularly described as Suffolk County Tax Map # 1000-063-01-1.5. The subject property contains approximately 7.3 acres of land that is utilized as active farmland. An inspection of this portion of the property did not reveal any staining or stressed vegetation. The remaining 1.3 acres located in the southwest comer of the property is occupied by a large barn and several small sheds. This area also contains several pieces of farm equipment and old tracks. The eastern half of the large barn has collapsed due to age and lack of maintenance. An inspection of this section of the barn revealed three (3) tanks lying on the top of the ground in the southeast comer. Two (2) of these tanks were 550 gallon tanks and one (1) appeared to be 300~= gallons. Small pumps were located on the tops of all of the tanks. According to Mr. George Conway, the property owner, these tanks were only utilized to hold water for the farm. Mr. Conway also indicated that these tanks had capacities of 275 gallon and 150 gallons. No staining was observed on the area of the gronnd that was visible. The central portion of the barn was in fair condition and contained a pesticide storage room and several five (5) gallon pails of hydraulic fluid. Several other empty containers of hydraulic fluid, an old battery and other debris were located to the east of the barn entrance. The western portion of the barn was in a deteriorated condition and housed several pieces of farm equipment. Numerous five (5) gallon plastic containers, a 55 gallon dram of motor oil, and three (3) smaller drums of oil or grease were observed in this area of the barn. No staining was noted in the vicinity of these containers. A 550 gallon above ground storage tank was observed off of the southwest comer of the barn. Mr. Conway indicated that this tank was to be utilized on a track to water the farm but, holes in the bottom of the tank prevented the used of this tank. Mr. Conway indicated this tank had a capacity of 275 gallons. No staining was apparent surrounding this tank. Three (3) small sheds were located in the southwest comer of the property. These sheds were in deteriorated condition and contained debris. Several old engines were observed in and around these sheds. A 275 gallon above ground storage tank w~ observed adjacent to one (1) of these sheds. No staining was apparent surrounding this tank. 1 1 1 1 1 l 1 1 ] l ] Conway Property, Southold Phase ! ESA Several old pieces of farm equipment (tractors, trucks and conveyor belts) were noted in the vicinity of the barn and along the southern property boundary. An inspection of the ground beneath a tractor located on the south side of the barn revealed visible staining. An inspection of the ground beneath the other vekicles was not possible due to vegetation and debris surrounding the vehicles. A plastic greenhouse was observed on the southeast portion of the property. This greenhouse contained shelving and debris, none of which appeared to involve hazardous materials. A 55 gallon drum and five (5) plastic five (5) gallon containers were observed in the vicinity of the greenhouse. According to Mr. Conway, the 55 gallon dram contains kerosene for the greenhouse heater. The contents of the plastic containers is not known, however, two (2) of the plastic containers were filled with a black watery substance. An extensive government records search found no potential sources of environmental degradation on the subject property. Two (2) Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, an active spill incident located on the comer of the Horton Lane and Middle Road, caused by an auto accident and a RCRA Hazardous Waste Generator was identified to the east of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. / / 1. The barn should be razed in order to prevent a public safety hazard. The debris and five (5) gallon plastic containers should be removed and properly disposed of. An inspection of the soil should be conducted to determine if any visible staining or release has occurred. If staining is observed, the affected soil should be removed and properly disposed of. Soil sampling should be conducted within the storage areas of the barn to determine if release of pesticides or herbicides has occurred. The farm equipment should be removed and properly disposed off A visual inspection of the soil beneath these pieces of equipment should be conducted to determine if any staining is present. If staining is present, the affected soil should be removed and properly disposed of, and an end-point sample should be collected to verify that all of the contamination has been removed. The five (5) plastic containers located in the southeast portion of the property should be removed and,, properly disposed of. The soil beneath these containers should be inspected for staining. If the greenhouse heaters are no longer used, the 55 gallon drum should be removed and properly disposed. The soil beneath these containers should be inspected for staining. ] ] Page 2 of 27 TO: FROM: DATE: RE: MEMORANDUM GREGORY F. YAKABOSKI, ESQ. MARY C. WILSON~ DECEMBER 20, 1999 CONWAY PURCHASE I spoke with Judge Bruer about the closing and your correspondence. The closing will be Wednesda¥~ December 29~ 1999 at I0 AM at Judge Bruer's office. The judgment pay off is $18,500.00 to the Long Island Cauliflower Association and the balance to George T. Conway As to the pesticides Io~ker, Judge Bruer says "of course there are pesticides in it -he's a farmer!" And Conway states he has the appropriate license for the pesticides. The fuel tanks (do not know the gallon size) are empty and have never been used by Conway (been in an empty condition for 25 years). As to the tracks and other autos, "like any good farmer, he keeps them for parts". As per Dick Ryan, the Judge does not know what Dick means by the "underline is acceptable" - he needs to know what "the underline" is- Also, he will be doing the description and will bring it by. i 1 1 1 1 1 1 1 FIGURE 1 LOCATION MAP Conway Property, Southold Phase I ESA I~00 ft Source: Precision Mapping, 1995-96 Page 8 of 27 1 FIGURE 2 SITE MAP Conway Property, Southold Phase I ESA 1 1 1 l i North Road Farmland .t , .J ~275 9~11~ ~ F~ Equipment ~ e/5-5 c~atton pa~.~ Old b'uc~a ] Page 11 of 27 Conway Property, Southold Phase I ESA FIGURE 3 WATER TABLE MAP ] ] Source: SCDHS, 1997 Scale: 1" = 2 miles :~*TTi~a BAY ] ] Page19of27 P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 12. 1999: RESOLVED that the Town Board of the Town of Southold hereby sets 5:09 P.M., Tuesday, October 26, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of acquisition of certain parcel of property from George T. Conway for purchase of development rights in agricultural lands under Chapter 25 of the Town Code. Property located at east side of 2325 Horton's Lane, Southold, New York, SCTM # 1000-063-01-001.5, comprising approximately 8.582 acres, at a price of $102,98[!. Southold Town Clerk October 12. 1999 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25, Agricultural Lands Preservation, of the Code of the Town of $outhold, the Town Board of the Town of Southold will hold a public hearing on the 2$th of October 1999, at $:09 P.M., on the question of the the acquisition of certain parcel of property from George T. Conway, for purchase of development rights in agricultural lands by the Town of Southold on the following described property: Suffolk County Tax Map No. 1000-063-01-001.5 comprising approximately 8.582 acres, located on the east side of 2325 Horton~s Lane, Southold, New York, at a purchase price of $102,98~. FURTHER NOTICE is hereby given that a more detailed descrlpt~on of the above mentioned parcel of land Is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Maln Road, Southold, New York, and may be examined by any interested person during business hours. Dated: October 12, 1999. ~/ BY ORDER OF THE SOUTHO~ TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 21, 1999, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Committee George T. Conway Town Clerk's Bulletin Board 10/26/99 13 COUNCILWOMAN HUSSI~: #36 Moved by Justice Evans, seconded by Councilman Murphy, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of George T. Conway, and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 26th day of October, 1999, pursuant to the provisions of Chapter 6, Agricultural Laud Preservation of the Southold Town Code; and WHEREAS, THE Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and George T. C0nway; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development fights in the aforesaid agricultural lands owned by George T. Conway, said parcel identified by 8CTM #1000~63-1q.5 and consisting of approximately 8.5 acres, which is subject to result~ ora survey to be provided by propc~y owner, at a cost of $12,000.00 per acre. COUNCILWOMAN HUSSIE: Could I implore the Board one more t/me? I mentioned this last week, or last Board meeting that this piece of property is less than a half of mile from the post office, which is according to the Master Plan the center of the hamlet, and it would be a very good piece to just purchase outright. Il'we buy farmland development rights we can't do anything with it. It is so close to the center of the town, and it is the advise of Master Plan, that we expand the hamlet, if necessary, north and south, in order to avoid sprawl along 25. I would like very much for us not to buy development fights, but buy this outfight, could we table this? I suppose I could put a motion on to table. Imove to table. SUPERVISOR COCHRAN: I would 1/kc to ask a question first. Dick, in the future can we buy the fee rights to this property, if we so desired also, if we bought as apiece of open space? DICK RYAN: For open space purposes, yes. SUPERVISOR COCHRAN; Thank you. COUNCILWOMAN HUSSIE: But we could never develop it. It would always have to be open, but at least could make a park or something out of it, a passive park. No? COUNCILMAN ROMANELLI: We don't even know if it is for sale. COUNCILWOMAN HUSSIE: Well, I realize that, but it just seems it is so close to the center of town I can see as a place for elder housing, or for even a Town Hail, or something. SUPERVISOR COCHRAN: If I may, I like it being open, because it keeps the hamlet area with a field that you get in Southold of the farm and agriculture, and the open space, so if there is no second on the table, if there is a second then se will proceed. Mr. Conway, do you have any problem with just the development rights? 10/26/99 14 GEORGE CONWAY: I never thought about any~hlng else. COUNCILMAN MOORE: Is there adjoining property being considered for acquisition and the development rights, or am Inot in the right spot? DICK RYAN: We were in discussion modes with the property owners. COUNCILWOMAN HUSSIE: Then that, also, is not.too far from the center of town. Again, I am think twenty, thirty years ahead. I mean when you talk about pl~nning you can'~ think about tomorrow. You have to think about a little while ahead, and I don't know where the hamlet can expand. DICK RYAN: You know my role of advisory. I sought the opinions of the Plann/ng'Board. They told ns they had no objections with the effort to preserve this as agriculture. COUNCILWOMAN HUssIE: The decision rests fight here with us, and I fully, understand that. I would like to buy it oulright. SUPERVISOR CocHRAN: I have a motion on the floor to table. Do we have a second? No second. The motion dies. Call for the vote on the main motion. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran. Abstain: Councilwoman Hussie. This resolution was duly ADOPTED S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTP~X~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 26. 1999: WHEREAS, the Town Board of the Town of Southold is considering the purchase of development rights in agricultural lands pursuant to the provisions of Chapter 6, Agricultural Land Preservation of the Southold Town Code, from George T. Conway, said parcel identified by SCTM #1000-63-1-1.5 and consisting of approximately 8.5 acres; and RESOLVED, by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED, by the Town Board of the Town of Southold that the Town 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 based upon the completed Short Environmental Assessment Form prepared for this project attached hereto; there is no potential significant adverse impact on the environment; be it further RESOLVED, that the Town Board of the Town of Southold that it hereby issues a negative declaration for this action pursuant to SEQRA Rules and Regulations for this action. Southold Town Clerk October 26. 1999 Appendix C Slate E.'~vfronmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART i--PROJECT INFORMATION (To be completed by Aoplic~nt or Project sponsor) SEQR A~ A RESULT PROPOSED AC'~QN WILL · ' / I C~RT[FY THAT THE [NI=ORMAllON PROVIOED ABOVE IS T"HUE TO 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 PART II--ENVIRONMENTAL ASSESSMENT (To ~e comoiete~ by Agency) '_. ¥. THE PROJECT HAVE AN IMPACT ON PART III--OETE.=IMINATION OF SIGNIFICANCE (To he completed by Agency) ~.LcflNSTRUCTiON-q' Per eactl adverse effect identified alcove, determine whether it is substantial, largej-k"noortant or otherwise significant. effect sflouid be asseased in connection with its (al se~thg (I.e. uman or rural); (bi pmbathlity ct ocCUlTing;, (C~ duralcion; (ti' irrevetalbility; (el geogtal3flie scooe; and (fi magnffude. If necessary, ~ attactlments or retemnce suOO(~rting materials. Ensure tha~ explanations contain sufficient detail to allow thax ail relevant adveme imcacts have been identifie~ and adecluatel¥ ac~clressed. I', question 0 of PaJ~ II was e~lec.~ed yes, the determination and algnifica,-lCe mus~ -~valuate the potential impact of the prol3osed actior on the env~ronmemal c/larac~,enstico ct [he CE.,L 1-~ Check this box if you have identified one or more potentially lar~e or significant adverse impacts which MAY r~O. ccur. ,"hen proceed directly to the FriLL FAF and/or predate a positive Pectaration. /l~l~heck this box if you have determine~ based on Ctle information and analysis above and any sucoor~ing ~' documentation, :hat Ule proposed acT. ion WILL NOT result in any significant adverse environmental impacts AND provide on attaC:~meots~asoecessary the reasons suooorttncJ this determination: P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 26. 1999: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of George T. Conway and;; WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 26th day of October, 1999, pursuant to the provisions of Chapter 6, Agricultural Land Preservation of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the developments rights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and George T. Conway; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights in the aforesaid agricultural lands owned by George T. Conway, said parcel identified by SCTM # 1000-63-1-1.5 and consisting of approximately 8.5 acres, which is subject to results of a survey to be provided by property owner, at a cost of $12,000.00 per acre. Southold Town Clerk October 26. 1999 C L O S I N G S T A T E M E N T CLOSING STATEMENT GEORGE T. CONWAY to TOWN OF SOUTHOLD Development Rights Easement - 8.582 acres $12,000.00/acre Premises: 2325 Horton Lane, Southold, New York SCTM #1000-63-1-1.5 Closing held on December 29, 1999 Southold Town Hall Purchase Price of $102,984.00 disbursed as follows: Payable to George T. Conway $ 77,984.00 Check #055040 (12/21199) Payable to Rudolph H. Bruer, as atty $ 25,000.00 Check ~0055022 (12121199) Expenses of Closing: Appraisal Payable to Patrick A. Given, SRPA Check #054188 (10/26/99) $ 2,100.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #057317 (6/6/00) $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #055038 (12/21/99) Title Insurance $ 726.00 Recording deed $ 80.00 $ 806.00 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NEWYORK 1t971-0959 SEVENTY SEVEN THOUSAND NINE HUNDRED DATE 12/21/1999 .o. 05504O EIGHTY FOUR CHECK NO. AMOUNT 55040 $7T, 984. O0 AND 00/100 DOLLARS PAY TO THE ORDER OF GEORGE T. CONWAY VENDOR 003558 GEORGE T. CONWAY H3 .8660.2.600.100 121799 12/21/1999 CHECK 55040 DEUELOP RGHTS-8.582 AC 77,98~.0 TOTAL 77,984.0 TOWN OF SOUTHOLD · SOUTHOLC NY 11971-0959 TWENTY FIVE THOUSAND AND 00/100 DOLLARS DATE 12/21/1999 214 055022 THE SUFFOi. J( ~Ou~t~ NATIONAL BA~K CUTOHOGUE. NY 11935 CHECK NO. AMOUNT 55022 $25 · 000. O0 PAY TO THE ORDER OF RUDOLPH H. BRUER, AS ATTY UENDOR 020100 RUDOLPH H. H3 BRUER, AS ATTY 121799 12/21/199g CHECK 55022 DEUELOP RGHTS-8.582 AC 25,000.( TOTAL 25,000.£ TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 PATRICK A. GIVEN, SRPA ($16)360-3474 FAX 360-3622 box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 August17,1999 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 RE: Property of Walter George T. Conway, S.C.T.M. #1000-63-1-1.5 Located Westedy Side of Horton Lane, S/O North Road, Southold Appraisal #99206 $2,100.00 ~108S 10 TOWN OF SOUTHOLD ** Actual ~endor. 007416 GIVEN, SRPA/PATRICK v JE Date Trx. Date Fund Account ............................. Begi : Trx 2/18/1999 2/18/1999 H1 .600 10/12/1999 10/12/1999 H1 .600 10/12/1999 10/12/1999 H1 .600 10/12/1999 10/12/1999 H1 .600 10/12/1999 10/12/1999 H1 .600 10/26/1999 10/26/1999 H1 .600 .Y. 10/26/1999 10/26/1999 H1 .600 3/14/2000 3/14/2000 H2 .600 3/14/2000 3/14/2000 H2 .600 3/14/2000 3/14/2000 H2 .600 3/14/2000 3/14/2000 H2 .600 3/14/2000 3/14/2000 H2 .600 3/14/2000 3/14/2000 H2 .600 3/14/2000 3/14/2000 H2 .600 4/11/2000 4/11/2000 H2 .600 ......................... Use Select Acti Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10261999-3Sl Line: 169 Formula: 0 : : Account.. H1 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/26/1999 SDT 10/26/99 : 2,100.00 : : APPRAISAL-W. CONWAY : : SRPA/PATRICK A. : : SCNB : Amount... Description.. Vendor Code.. 007416 Vendor Name.. GIVEN, Alt Vnd.. CHECK ........ S4188 Invoice Code. 99206 VOUCHER ...... P.O. Code .... 05949 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. N Date Released 10/26/1999 Date Cleared. 11/30/1999 F3=Exit FiE=Cancel F21=Image Record(s) or Use Action Code NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL o PLANNING CONSULTING ~ 572 WALT WHITMAN ROAD MELVILLE, N.Y. 11747 (631) 427-5665 FAX (63'1) 427-5620 T~wn. oL So~hold Town Ha]l, 53095 Main Street P.O. Box 1179 Southo]d,, NY 11971 THIS IS NOT AN IXVOICE Customer Monthly Statement As of: 03/02/00 Customer no.: 99289.000 re: Job n0.:99289.0 ConwaI Property, gout. bold Date Invoice ~ Type Description Debits Credits Balance 01/31/00 99289.001 STD FEES 1500.00 1500.00 GL109S 40 FIN TOWN OF SOUTHOLD ~vndor Name.. . NELSON, POPE & VOORHIS, endor Number::::. 014161 P.O.# Fund Account P,O,Date ......................... Use Action S 06951 H3 07264 B 07268 B 07271 B 07299 H3 07300 H3 07501 B 07559 H1 07762 H2 07763 H3 07908 B 07930 N3 .8660.2.500.200 05/25/00 .8020.4 500.300 08/22/00 .8020.4 500.300 09/06/00 .8020.4 500.300 09/29/00 .8660.2 600.100 11/09/00 .8660.2 600.100 11/09/00 .8020.4 500.300 12/31/00 .8686.4.000.000 12/01/00 .8686.2.000.000 02/06/01 .8660.2.600.100 02/22/01 .8020.4.500.300 03/05/01 .8660.2.600.100 03/09/01 Encumbrance Inquiry by vendor * * * * * * Full P.O. Code 06951 Account.. H3 Description.. P.O. Date .... order Amount. Liquidated... Outstanding. Amount Paid.i vendor code.. vendor Name.. Pro~ect Code. # of Payments Detail * * * * * * * * Last Chg 06/01/20001 .8660.2.500.200 ESA RPT-CONWAY PROPERTY 05/25/2000 1,500.00 1,500.00- .00 1,500.00 014161 NELSON, POPE & VOORHIS, 1 Last Pay Date 06/06/2000 LaSt Check #. 57317 Last Pay Amt. 1,500.00 Last Invoice. 99289.001 ................................ End of file ................................ B/F/L/R/. ACTION? TITLE NUMBER FEE INSURANCE COVERAGE / O ,~ .i FAIR MARKET VALUE RIDER MORTGAGE INSURANCE COVERAGE ENDORSEMENTS N.Y. STATE TRANSFER TAX (Stamps), PECONIC BAY TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) INSPECTION SURVEY DATE PREMIUM PREMIUM .PREMIUM .PREMIUM STREET REPORT TAX ESCROW TAX ESCROW FEE RECORDING FEES: '/ DEED(S). ?o 0 ~ SATISFACTION(S) MORTGAGE BUILDING LOAN CONTRACT [~.~ TOTAL CHARG[~ ,~''''' OCnO~ CLOSER CHARGES IF ANY: PiCK UP FEE. OTHER CLOSER 1 ~ t~ ~-~ 53095 MAIN ROAD  $OUTHOLD, NEWYORK 11971~0959 CATE CHECK NO. 12/21/1999 EIGHT HUNDRED SIX AND OOxlO0 DOLLARS .o. 055038 'lr~E SUFFOLK COUNTY NATIONAL BANK CUTCHOGUE, NY 11935 AMOUNT 55038 $806 . O0 PAY TO THE ORDER OF COHMONWEALTH LAND TITLE INS CO SUITE 6 1777 UETERANS MEMORIAL HIGHWAY ISLANDIA NY 11722 "'055038,' ~:O~l, OSl,~hl: ~3 O0000N Oil' UENDOR 003349 COMMONWEALTH LAND TITLE INS CO H3 .8GG0.2.600.100 121799 12/21/1999 CHECK 55038 TITLE-CONWAY 8°582 ACRES 806.0 TOTAL 806.0 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D E A S E M E N T ' 12012P 752 Number of pages TORRENS C~rtificate #, Deed / Mo~gage Instrument 4 JJ24£07 JAN 1 TRANSFER TAX SUFFOLK COUNTy 24,c07 Deed I Mortgage Tax Stamp FEES Page / Filing Fee H~dling TP-584 Notation ~ ~ -- Sub Total EA-52 17 (County) EA-5217 (State) R.P.T.S.A. I~'I~ Comm. of Ed. 500 GRAND TOTAL Real Property Tax S~vice Agency Vcdfi~tion Dist. Section B lock Lot RECORDED ii]~O JAH I 1 Aq:ll SUii i~ ~U[TYCLERK Recording / Filing Stamps Mortgage Amt. L Basic Tax 2. Additional Tax Sub Total Spec./Azsit. Spec. 1Add. TOT. MTG. TAX Dual Town Dual County -- Held for ApportionmcntL.--~ ransfer Tax ~k~ lansion Tax ['he property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO__ If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $/O~. ~o~Q~' ~) CPF Tax Due $ Satisfactions/Discharges/Releases List Property RECORD & RETURN TO: This page forms ~ of the ataached JAN 1 1 2000 COMMUNITY PRESERVA33ON FUND Title Company Information Co. Name Title # & Endors (SPECIFY TYPE OF INSTR~ ) SUFFOIX COUNTY, N~W YO~R~ ~ , In the Township of ~ In the VILLAGE or HAMLET of made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 29th day of December, 1999 BETWEEN GEORGE T. CONWAY residing at 205 Booth Road, Southold, N.Y. 11971 party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of $10.00 (ten dollars) lawful money of the United States and other good and valuable consideration paid by the party of the second part, / DOES HEREBY GRANT AND RELEASE unto the p;,i~ty of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: ALL that cedain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: SCHEDULE A - DESCRI'PTt'ON ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the westerly side of Horton's Lane at the southeasterly corner of the premises herein described and the northeasterly corner of land now or formerly of W..1. Conway; RUNNING THENCE South 59 degrees 43 minutes 00 seconds West along said land now or formerly of W..1. Conway, 643.24 feet to land now or formerly of Donahue; THENCE northerly along said land now or formerly of Donahue, the following two (2) courses and distances: 1. North 38 degrees 41 minutes 00 seconds West, 524.28 feet; and 2. North 41 degrees 48 minutes 40 seconds West, 300.00 feet to the easterly side of Hiddle Road (C.R. 48) THENCE North 55 degrees 41 minutes 50 seconds East along said easterly side of IViiddle Road (C.R. 48), 15.13 feet to land now or formerly of Timothy Scott Gray; THENCE South 41 degrees 48 minutes 40 secc~nds East along said land now or formerly of Timothy Scott Gray, 307.35 feet; THENCE North 54 degrees 25 minutes 40 seconds East still along said land now or formerly of Timothy Scott Gray and later along land now or formerly of.lames Gray, .Ir. and land now or formerly of Pudge Corp., 781.33 feet to the westerly side of Horton's Lane; THENCE South 23 degrees 00 minutes 00 seconds East along the westerly side of Horton's Lane, 410.23 feet to land now or formerly of William Conway (Estate); THENCE along said land now or formerly of William Conway (Estate) the following three (3) courses and distanceS: 1. South 59 degrees 43 minutes 00 seconds West, 175.00 feet; 2. South 23 degrees O0 minutes O0 seconds East, 140.00 feet; and 3. North 59 degrees 43 minutes O0 seconds East, 175.00 feet to the westerly side of Horton's Lane; THENCE South 23 degrees O0 minutes O0 seconds East along said westerly side of Horton's Lane, 39.06 at the point or place of BEGINNING. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of 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, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forayer; 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. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production as defined herein. AND the party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, succesors and assigns of the party of the first part, that.the par~ls of real property described herein are open agricultural lands ~.,;~,.. actually used in bona fide agricultural production as defined in GML section 247 3 as shall remain open lands~ctually used in bona fide ~gricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title to the property described herein may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265?76 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow 4 others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement after notice. This covenant shall not preclude lawful, normal and proper application of legal fertilizers, pesticides and fungicides for legitimate agricultural purposes. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless.from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engi.neering and other costs / and expenses which may arise out of (1) any misrepresbntation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial aCtion, or other remedy by a party other than Purchaser, its agents or employees, by reason of a violation or non-compliance with any environmental law; or the improper disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or 5 condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: '~- ~ ~--. . ~ Purchaser: Town of Southold JEAN W. COCHRAN, SUPERVISOR 6 12012P 752 STATE OF NEW YORK) )ss COUNTY OF SUFFOLK) On the~ day o~j ,1999, before me, the undersigned, personally appeared ~t'~6~ ~7- ~3,OW,q~-~ personally known to me or provided to me on the basis of satisfactory evidence to be t~e 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. ~ uOLLY T. PELUCANE Notary Publlo, State of New ymt( Suffolk County-4631730 ~:mtmlsslon Expires ~prll ~0, 20~.J~-'~ I ~.~ )SS COUNTY OF SUFFOLK) On the ~ day of ~ ,1999, before me, the undersigned, personally appeared ..3'~-~ 6~ (~,9~/*/¥.~'/ personally known to me or provided 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 in the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public MOLLY T. PELLICANE Notary Public, State of New York Suffolk County-4831730 Commission Expires April $0, 20~..) T I T L E P 0 L I C Y ISSUED BY OWNER'S POLICY OF TITLE INSURANCE COMMONYVEALTH LAND ~ INSURANCE COMPANY Commonwealth 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 ihe 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 Secretary Presidem 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 lo 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 takiiag which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed 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) Form 1190-1 Face Page ORIGINAL Valid Only If Schedules A and B and Cover Are Attached File No.: RH70993175 SCHEDULE A LandAmerica Commonwealth Amount of Insurance: $102,984.00 Date of Policy: December 29, 1999 Policy No.: RH70993175 Name of Znsured: TOWN OF SOUTHOLD The estate or interest in the land which is covered by this policy is: Development Rights Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD By deed made by GEORGE T. CONWAY to the INSURED dated December 29, 1999 and recorded .lanuary 11, 2000, in Liber 12012 page 752, in the Office of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: Authorized Officer or Agent Fee Policy Insert File No.: RH70993175 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: Rights of tenants or persons in possession. 2. Survey made by Anthony W. Lewandowski dated December 8, 1999 shows premises improved by (a) plastic greenhouse, (b) barn, (c) three (3) wood buildings. No encroachments, shown. 3. Unpaid water charges to date, if any. 4. :~999/2000 Town and School taxes. Fee Policy insert File No.: RH70993175 SCHEDULE A - DESCRIPTION AMENDED 12/17/99 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGTNNING at a point on the westerly side of Horton's Lane at the southeasterly corner of the premises herein described and the northeasterly corner of land now or formerly of W..1. Conway; RUNNING THENCE South 59 degrees 43 minutes 00 seconds West along said land now or formerly of W..1. Conway, 643.24 feet to land now or formerly of Donahue; THENCE northerly along said land now or formerly of Donahue, the following two (2) courses and distances: 1. North 38 degrees 41 minutes O0 seconds West, 524.28 feet; and 2. North 41 degrees 48 minutes 40 seconds West, 300.00 feet to the easterly side of iHiddle Road (C.R. 48) THENCE North 55 degrees 41 minutes 50 seconds East along said easterly side of Middle Road (C.R. 48), 15.~.3 feet to land now or formerly of Timothy Scott Gray; THENCE South 41 degrees 48 minutes 40 seconds East along said land now or formerly of Timothy Scott Gray, 307.35 feet; THENCE North 54 degrees 25 minutes 40 seconds East still along said land now or formerly of Timothy Scott Gray and later along land now or formerly of.lames Gray, Jr. and land now or formerly of Pudge Corp., 781.33 feet to the westerly side of Horton's Lane; THENCE South 23 degrees 00 minutes 00 seconds East along the westerly side of Horton's Lane, 4~0.23 feet to land now or formerly of William Conway (Estate); THENCE along said land now or formerly of William Conway (Estate) the following tf. ree (3) courses and distances: South 59 degrees 43 minutes 00 seconds West, 175.00 feet; 2. South 23 degrees 00 minutes 00 seconds East, 140.00 feet; and 3. North 59 degrees 43 minutes 00 seconds East, 175.00 feet to the westerly side of Horton's Lane; THENCE South 23 degrees 00 minutes 00 seconds East along said westerly side of Horton's Lane, 39.06 at the point or place of BEGINNING. Fee Policy Insert LandAmerica Commonwealth File No.: RH70993175 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) A'I-rACHED TO AND MADE A PART OF POLZCY NO. RH70993175 t'SSUED BY COMMONWEALTH LAND TZTLE ZNSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the polic,,, 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: December 29, 1999 Issued at: Commonwealth Land Title Tnsurance Company 185 Old Country Road, PO Box 419 Suite 2 Riverhead, NY 11901 Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQlO037NY (07/00) 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of thc public records as defined in this policy or any olher records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred Io in Schedule A. and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right . title, interesL estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. {e) "morlgage": mortgage, deed of trust, trust deed, or other security instrument, (f} "public records": records established under state statutes at Date of Policy for thc purpose of imparting constructive notice of matters relating to real property to purchasers for value and without know]edge With respect to Section I(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent mailer affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land~ or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (iii an indebtedness secured by a purchase money mortgage given to the insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in wrinng (i) in case of any litigation as set forth in Section 4(a) below~ (ii} in case know]edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. Ihen as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF IHSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company. at its own cost and without unreasonable delay~ shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse Io the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of act on and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190-1 (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide fi, r the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company. the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawfid act which in the opinion of thc Company may be necessary or desirable to establish the title ~o the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or conlinue any litigation, with regard to the matter or matters requiring such cooperation 5. PROOF OF LOSS OR DAMAGE· [n addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis ol loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representa6ve of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Policy. which reasonably pertain to the loss or damage Further, requested by any authorized representative of the Company . the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine · inspect and copy all records. books, ledgers, checks, correspondence and memoranda in lhe custody or control of a third party, which reas,~aably pertain to the loss or damage All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall nol be disclosed to others unless, in the reasonable judgem~ hi of the Company. it is necessary in thc administration of the claim Fat, :re of the insured claimant to submil fo~ examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liabilily of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under Ihis policy, the Company shall have fotlowing options: (a)To Pay or Tender Paymenl of the Amount of Insurance. To pay or tender payment of the amount of insurance unde~ this policy together with any costs, attorneys' fees and expenses incurred b5 the insured claimant, which were authorized by the Company, up to tht time of paymant or tender of paymenl and which the Company is obliga ted to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make tht payment required, shall terminate, including any liability or obligation tc defend, prosecute, or continue any litigation, and the policy sha}l bt surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured ol With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the nam~ of an insured claimant any claim insured against under this policy, togethe~ with any costs, attorneys' fees and expenses incurred by the insurec claimant which were authorized by the Company up to time of paymen and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured c]aimani the loss o~ damage provided for under this policy, together with any costs, attorneys fees and expenses incurred by the insured claimant which were authorizec by the Company up to the time of payment and which the Company obligated to pay. Upon the exercise by the Company of either of the options provided fo~ in paragraphs (b)(i) or (ii), the Company's obligations to the insured unde~ this policy for the claimed loss or damage, other than the payment~ required to be made, shall terminate, including any liability or obligation tr defend, prosecute or continue any litigation. ,Conditions and Stipulations Continued Inside Cover CONTROL NO. ~ O b - Jl. 5 ul' ~ 3'8 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage ~m~[stained or incurred by the insured claimant who has suffered loss or damage by son of matters insured against by this policy and only to the extent herein (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any padial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulalions. 8, APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has erwise been agreed upon as to each parcel by the Company and the insured at time of the issuance of this policy and shown by an express statement or by endorsement attached t~' ~,~is policy. 9. LIMITATION OF LP~BILITY. (a) If the Compe~y establishes the title, or removes the alleged defect, lien or encumbrance, or cu es the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully pedormed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage 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. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys* fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured And which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the eedmpany' (b) When liability and the extent of loss or damage has been definitely in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. CONDITIONS AND STIPULATIONS · ; (Continued) 13. SUBROGATION UPON PAYMENT OR SE3q'LEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all dght of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by lhe Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. if loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when' the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or 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 a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authedzed signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full fome and effect, 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. NM 1 PA 10 ALTA OwffeJ'!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 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212) 983-8439 BUFFALO 37 Franklin Street, Suite 100 Buffalo. New York 14202 (716) 853-6800 FAX: (716) 853-6806 GARDEN CITY 1325 Franklin Ave. Suite 160A Garden City, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 634-7O7O FAX: (845) 634-8513 RIVERHEAD 177 Old Country Road Riverhead, New York 11901 (631)727-7760 FAX: (631) 727-7818 ISLANDIA 17774 Veterans Memodal Hwy Islandia, New York 11722 (631) 232-3503 FAX: (631) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 OWNER'S POLICY OF TITLE INSURANCE (10/17/92) AMEmC~q L~D Tn'LE ASSOCIATION Issue~ BY COMMOr,~.~ LAND Tm~ INsu~,~cg COMPAte~ Commonwealth Tide Imurance Since 1876 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 B 1190-3 A WORD OF THANKS ..... As we make your policy a part of our permanent records, we want to express our appreciation of this evidence Of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land TAle Insurance Company P.O. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 P R O P E R T Y R E C O R D S File Ihe,/.~ Toolhar Melp (:Cnway. F~anc s W Roi Ye&r 2~~ Cu. Y, Land dght~ Lan~ AV 2325 ~[tonLn La~i~e:8.58 acres TotaIAV: 1.200 O~ne~ To[a;1 Site To al 1 N~rne F~anci~ ~ ~onwa~ ' ' P p~s Nbhd Cd: Se~ef: ~a e: U~it'e~ AddlAdd~: LS~d [ ghts 0 S FS{ 18~5 Rotto~ Ln T~xabl~aue Mi~c61a~ou~ ' ~ Land : Total: 0 [,~ ': 1.200 Pag~ 310 Double click'~o Open a window File View Toolbar Help 473889 SOUTHOLD NYSRPS ASSESSMENT INQUIRY SCHOOL SOUTHOLD SCHOOL PRCLS 129 LAND RIGHTS 63.-1-1.5 2325 HORTON LA OWNER & MAILING INFO ~WAY GEORGE T IRS-SS TRUSTEE 1 20S BOOTH ROAD BANK SOUTHOLD NY 11971 DATE : 07/26/2004 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 08 I======== ====== ASSESSMENT DATA =========== I **CURRENT** RES PERCENT ILAND 1,100 **TAXABLE** ITOTAL 1,200 COUNTY 1,200 **PRIOR** TOWN 1,200 ILAND 1,100 SCHOOL 1,200 ITOTAL 1,200 ==DIMENSIONS ===1======= SALES INFORMATION ================================== ACRES 8.58 IBOOK 12149 SALE DATE 06/13/01 SALE PRICE 1 IPAGE 257 PR OWNER CONWAY GEORGE T =======TOTAL EXEMPTIONS 0 =============1== TOTAL SPECIAL DISTRICTS 4 ===== CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD028 ~PK070 IWW020 ISW011 Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU 2 0 1 1 A G S T R U C T U R E R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 20, 2011 Cliff Cornell 22 Wright Road Rockville Centre, NY 11570 RE: SCTM # 1000-63.-1-1.5 CORNELL Property (flk/a Conway, George T.) Request for Land Preservation Committee Review of proposed barn on property on which Town owns a development rights easement Dear Mr. Cornell: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code, reviewed the request you outlined in an application dated October 6, 2011 for a replacement barn in the southwest corner of the property. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5-C. (2) [3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee is approving the use you requested, as listed and clarified below, to be allowed within the development rights easement area. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. Construction of a 42'x60' Morton Style building to be located in the southwesterly corner of the property replacing an existing old barn in this same area. 2. Building use is to be for the storage of farm vehicles and agricultural equipment such as tractors, etc. Please note that the Committee's approval of the uses within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator /md encs: landowner's application & survey showing proposed location cc: Planning Department w/landowner's application & survey Building Department w/landowner's application & survey MELISSA A, SPIRO LAND PRESERVATION COORDINATOR melissa.spiro o~own .southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD REQUEST for Agricultural Structure Placement on PDR Lands TaxUapNo. 1000- ~7 O/ - ~./.~' . I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about rTJT~r~ ~ ~ (date). Name of Owner (please print): Name(s) of previous owner: (if applicable) Mailing Address: Phone Number: Property Location: 0CT 11 2011 DEPI. OF LAND PRESERVATION List type, size, and use of each agricultural structure proposed: t , , , I - ' ~ *~Rach Io~tion man (survey, tax ma~, or sketch plan) showing placement area of agricultural structure(s), distance from prope~y bounda~ lines, and any readily available information relating to your request. You may talk with the Coordinator at (631)765-5711 to, discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. ,¢/, Please return the completed form with attachments toil Town of Southold - Land Preservation Department *All attachments must be signed and dated by propert~/,owner. 2001 Aerial SCTM #i000-63-1-~.5 Premises: 2325 Horton Lane, Southold 8,582 development rights I I ~ I v I B I ¥ I I I ! I I I I I !