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
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PHOTOGRAPHS OF SUBJECT
VIEW OF SUBJECT PROPERTY - FACING WESTERLY
HORTON LANE FACING NORTHERLY
given associates
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PHOTOGRAPHS OF SUBJECT (CONTINUED)
HORTON LANE FACING SOUTHERLY
given associates
Zoning Map]
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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.
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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. /
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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.
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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.
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FIGURE 1
LOCATION MAP
Conway Property, Southold
Phase I ESA
I~00 ft
Source: Precision Mapping, 1995-96
Page 8 of 27
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FIGURE 2
SITE MAP
Conway Property, Southold
Phase I ESA
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North
Road
Farmland
.t , .J
~275 9~11~ ~ F~ Equipment
~ e/5-5 c~atton pa~.~
Old b'uc~a
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Page 11 of 27
Conway Property, Southold
Phase I ESA
FIGURE 3
WATER TABLE MAP
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Source: SCDHS, 1997
Scale: 1" = 2 miles
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Page19of27
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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
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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:
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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
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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
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(:Cnway. F~anc s W Roi Ye&r 2~~ Cu. Y, Land dght~ Lan~ AV
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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
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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
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