HomeMy WebLinkAboutManzi, Joseph G, Jr Irrevocable Trust and Villa Amorosa, LLC 1000-83-2-9.3
(f/k/a 1000-83-2-p/o 9.1)
Baseline Documentation
Premises:
13945 Oregon Road
Cutchogue, New York
17.02 acres
Development Rights Easement
JOSEPH G. MANZI, JR.
IRREVOCABLE TRUST and
VILLA AMOROSA, LLC
to
TOWN OF SOUTHOLD
Deed dated August 24, 2005
Recorded September 23, 2005
Suffolk County Clerk - Liber D00012410, Page 944
SCTM #:
Premises:
1000-83-2-9.3
(f/k/a 1000-83-2-p/o 9.1)
13945 Oregon Road
Hamlet:
Cutchogue
Purchase Price:
Funding:
$359,047.50
(14.655 buildable acres
$24,500/acre)
Community Preservation
Funds (2% Land Bank)
CPF Project Plan:
Yes
Total Parcel Acreage:
25.79 acres
Development Rights:
17.02 easement acres
(includes 2.34 acres subdivision
open space and 0.025 acre beach
access excluded from purchase
price)
Lots Created:
Conservation Subdivision
approved June 13, 2005:
Parcel 1:136,244 sq. ft.
Parcel 2:81,016 sq. ft.
Parcel 3:75,738 sq. ft.
Parcel 4:70,388 sq. ft.
Parcel 5:17.02 acres
Zoned: A-C
Existing Improvements: In June 2005 - none
A. DESCRIPTION
1. LAND
The subject is a parcel of land having an area of 17.00+ acres. It is part of a larger
parcel which has an irregular, shape with a southerly border having 463.76+' of frontage
along the northerly side of Oregon Road, a westerly border running a total distance of
2,170.00+', a northerly border of 742.09+', and an eastedy border of 1,850.00+'. The
subject is a 17.00+ acre portion of the above described property. The appraisers have not
been furnished a survey depicting the actual subject portion of the overall property. We
have been instructed to exclude 8.734_+ acres and to presume that this area would be
located at the northerly and easterly sides of the property. We also presume that the
subject would not have any water front areas and would retain sufficient access to Oregon
Road to permit development of a residential subdivision. Most likely, the subject will have
a generally regular shape with a usable width ranging from approximately 425_+' to 700_+',
a maximum depth of approximately 1,250_+' and approximately 400_+' to 425_+' of read
frontage.
The above dimensions are taken from the last deed of record and the Suffolk County
Tax Map.
Utilities (electric and telephone) are available along the property's road frontage.
Oregon Road is a two way, two lane, publicly maintained macadam paved read. Public
water is not available to the subject.
_GtVEN
A. DESCRIPTION (CONTINUED)
1. LAND (CONTINUED)
In the addenda to this report, we have included a copy of the Suffolk County Tax Map
which shows the entire property of which the subject of this appraisal is a portion. We
have also included a sketch plotted from the last deed of record for the property showing
the approximate subject and excluded areas.
The property has a generally level topography and is mostly cleared. It is situated at
or near grade with the abutting road and is vacant.
Land use surrounding the subject is primarily vacant, or improved residential
properties.
2. IMPROVEMENTS
The subject is vacant land.
B. PRESENT USE AND OCCUPANCY
The subject is 3resently vacant and in use for agricultural purposes.
GIVEN 20
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SUBJECT PHOTOG~PH~
Facing Easterly Along Oregon Road
Facing Westerly Along Oregon Road
Year 2003
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View of Subject - Facing Northedy
Year 2003
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Logg \$\~g6
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sApproximate
ubject Area
Title: Sketch of Subject Date: 10-02-2003
Scale: 1 inch = 300 feet [File: 2003348 - Manzi.des
Tract 1:25.734 Acres: 1120952 Sq Feet: Closure = s13.3514w 0.00 Feet: Precision >1/999999: Perimeter = 5236 Feet
Tract 2:9.533 Acres: 415249 Sq Feet: Closure = s46.5334e 0.00 Feet: Precision >I/999999: Perimeter = 5178 Feet
001=*n48.5300w 484 006--*s61.3234w 463.76 0I 1--**n47.3850w 1247.65
002-*s61.2600w 180 007=@4 012-**s71.5505w 706.55
003-*n48.5300w 1516 008-**n71.2642e 742.09 013-**n48.5300w 606.47
004=*n71.2642e 742.09 009-**s47.4400e 1850
005=*s47.4400e 1850 010=*s61.3234w 25
I ~GIVEN 74
Zoning Map}
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Phase I
Environmental Site Assessment
Manzi Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
property based on the four (4) basic components of a Full Phase I Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk,
New York. The 17-acre portion of agricultural property is located on the northwest side of
Oregon Road, approximately 1,046 feet southwest of Bridge Lane and is part of a larger 26-acm
parcel. This report pertains to the 17-acre subject property only. The property is more
particularly described as Suffolk County Tax Map # 1000-83-02- p/o 9.1.
An inspection of the property revealed the site consists of an overgrown farm field. Snow
partially covered the ground at the time of the inspection. A snow fence was observed
approximately 100 feet northwest of Oregon Road. The area between the roadway and the fence
was covered with low grasses and weeds. A private right-of-way was observed along the
northern property boundary. Woodland was observed approximately 250 feet north of the
subject property. A dwelling and other accessory structures were observed at the southern comer
of the property. Dwellings and agricultural land were located south and west of the subject
property. Vacant woodland was observed north of the property and a vineyard is located to the
east. No building footprints or evidence of former buildings were observed on the property. No
dumping or debris, staining, residue, odors, or stressed vegetation was observed on the property.
No Sanborn map coverage was available for the subject property. Aerial photographs from 1938,
i969, 1980, 1985 and 2001 were reviewed in order to determine if any prior uses occupied the
site. This review revealed the property was farmland during this period. The USGS Southold
Quadrangle map dated 1956 also depicted the subject property as vacant land.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Several Federal, State and County documented regulated
sites were noted within one-half (0.5) mile of the site. Specifically, one (1) IHWDS, one (I)
SWF, one (1) PBS facility and one closed LUST were noted in the vicinity of the property.
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Manzi Property, Cutchogue
Phase I ESA
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
However, if the property is to be used for residential purposes in the future it is recommended
that the present and former farmed areas of the property should be sampled for the presence of
pesticides and metals.
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Page 2 of 26
I FIGURE 1
~OCATION MAP
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Manzi Property, Cutchogue
Phase I ESA
Source: DeLorme Street Atlas
Scale: Not to Scale
NORTH
I Manzi Property, Cutchogue
Phase l ESA
FIGURE 2
SITE MAP
Source: NYSGIS Orthoimagery Programs 2001
Scale: 1" = 300'
NORTH
FIGURE 3
~VATER TABLE MAP
!
'53333 ~i~:~.-.--Tg~,~ ~--'-::~. ~...,.""
............ · ....~,~:=:,~,~ ..?~-,
Approximate
Site Location--~.~..
/. ., 7t04.5o/
./~'53324
322
~3327
65806
/'
Manzi Property, Cutchogue
Phase I ESA
6101,~
33328
'4-8432
Source: Suffolk County Department of Health Services Water Table Contour Map, 1997
Scale: 1" = 8,000'
NORTH
m m mm m m mm m m~
Toxics Targeting
1 Mile Radius Map
Manzi Property
Cutchogue, NY 11935
N
w+,
County
[fiL~ NPL, CERCLIS, NYSDEC InaclJve Hazardous Waste
Disposal Registry or Registry Qualifl/ing Site
] Hazardous Wasta Treatar,
Storer, Disposer
(~ Hazardous Substance SolidWaste
Waste Disposal Site [~ Facility
Major Oil
~ Storage Faci)ib/
Location ~ Waterbody
Roads
Distance in Mies
m ml~m m m m~m m m m~m- m~m m m m m
Toxics Targeting
1/2 Mile Radius Map
Manzi Property
Cutchogue, NY 11935
N
Maleriam Spill
Major
Suffolk County
~ Waterbody
Border
Tracks
Radius
Radius
Toxi~ Targeting
1/4 Mile Radius Map
Manzi Property
Cutchogue, NY 11935
w+,
Chemical Storage
Facility
Toxic
~ Release
Wastewater
Location
Minor
Roads
Major
Suffolk Courtly
County
Border
Distan~ in Miles
Toxics Targeting
Manzi Property
1/4 Mile Closeup Map
Manzi Property
Cutchogue, NY 11935
N
Suffolk County
E~] NPL CERCLIS, NYSDEC Inactive Hazaldous Waste
[] HazardousWasteTrealer, ('~MTBEGasoline
Hazardous Substance Solid Waste
(~ Waste Disposal Site * [~ Facility ·
Ma er Oil
Hazardous
Storage Fac ty
· Matedal Spill **
Chemical Storage Hazardous Waste
Facility*** [] Generator, Transp. **
Toxic Release ***
~ Discharoe '** ~ Docket Facility ***
** 112 Mile Search Radius
* 1 Mile Search Radius
Distance in Miles *** 114 Mile Search Radius
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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 (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 834 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 16, 2003:
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter
6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday, January 6~ 2004, at 5:00 p.m.~ Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearing for the purchase of a
development rights easement on agricultural lands for a certain parcel of property owned
by Manzi Trush Robert Arnone & Others as Trustees.
Said property is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road. The property is
located on the north side of Oregon Road, approximately 1,096 feet east of the intersection of
Bridge Lane and Oregon Road, in Cutchogue. The development rights easement comprises
approximately 17 acres of the 25 acre parcel. The exact area of the development rights easement
is subject to the survey. The purchase price is $24,500 (twenty-four thousand five hundred
dollars) per buildable acre. The property is listed on the Town's Community Preservation Project
Plan as property that should be preserved due to its agricultural value. The Town may be eligible
for a grant from the New York State Department of Agriculture for partial purchase of this
property and part of the purchase price may be reimbursed from that agency.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill
Annex, Southold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
LEGAL .NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HE!~BY GIVEN that pm~ uant to the provisions of Ch~p*~er 25
(A~c~flWtral Lo~ts) and/or Ch~ 6 C~W Prese~ton F~ ,of ~ To~ Code,
· e To~ Bo~d of ~e To~ of Sou~ol'd hereby se~ Tuesday~ J~ ~ 2004~ at
5:00 p..m., $0uthol~ To~ H~, ~095 Ma~ Road, South~ld, ~ York ~t~ t~e
~d,~Vla~.~0r,. a ....... p~bHc hear~g for t~e purchase ora devel0p~.ent,~g~ts ,easement. on
Satdl~roperty is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road. The
property ]~ located on the north side of Oregon Road, apFrox~marely 1,096 feet east of the
intersection of Bridge Lane ~d Oregon Road, in Cutehogue. The development rights
easement comprises approximately 17 acres of the 25 acre parcel. The.exact area oft_he
dove .lppm~t rights easement is subject to the survey. The purchase price is $24,500
(twenty-four thousand five hundred dollars) per buildable acxe. The property is 1/smd on
the Town's Community Preservation ProJect Plan as property that should be preserved
due t0its agriculttrral value. The Town may be elig/ble for a grant from the New York
Sta~e 'Department of Agriculture for partial purchase of this property and part of the
p'trrcl~ase price may be reimbursed from that agency.
FURTHER NOTICE is hereby given that a more dora/ted description of the above
mentioned parcel o£tand is on file ha Land Preservation Department, Southold Town
Hal!, Feather Hill Annex, Southold, New York, and may be examined by any interested
person during business hours
Dated: Decernber 16, 2003
BY ORDER OF THE TOWN BOARD
OF TI-IE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLiSH ON J.A_NUARY 1, 2004, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTI-IOLD, NY 11971
Copies to the following:
Traveler Watchman
Melissa Spiro
Town Clerk's Bulletin Board
Town Board Members
Town Attorney
Msnz( Trust, Robert Arnone & Others as
Trustees
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 6, 2003
5:00 P.M.
Present: Supervisor Joshua Y. Horton
lustice Louisa P. Evans'
Councilman Thomas. H. Wicldmm
Couueilma~ Daniel C. Ross
Councilman William P, Edwards
Town Clerk Elizabeth A. Neville
Town Attcrmey Pa/r/cia A. Finnegan
Absent: Couneikn~n John M. Romanelli
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursua.m to the provisions of
Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code,
the Town Boaxd of the Town of Southold hereby sets~Tuesday, Jalmary 6, 2004~ at 5:00 p.m.,
$outhold_Town Ita..ll, 53095 Main Road, Southold, New York as the time and place for a public
,hearing for the purchase of a development rights easement on agricultural lands for a certain
parcel of. property owned by Manzi Trnst~ Robert Arnone & Others as Trustees..
Said property is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road. The property is located
on the north side of Oregon Road, approximately 1,096 feet east of the intersection of Bridge Lane and
Oregon Road, in Cutchogue, The development, rights easement comprises approximately 17 acres of
the 25 acre parcel. The exact area of the development rights easement is subject to the survey. The
purchase price is $24,500 (twenty-four thousand five hundred dollars) per buildable acre. The property
is listed on the Town's Commtmity Preservation Project Plan as property that should be preserved due
to its agricultural value. The Town may be eligible for a grant from the New York State Department of
Agriculture for partial purchase of tiffs property and part of the purchase price may be reimbursed from
that agency.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, Southold Town Hall, Feather I-fill Annex, Southold,
New York. and may be examined by any interested person during business hours.
I have notification here that it has appeared as a legal in the Traveler-Watckman and it lms appeared on
the Town Clerk's bulletin board outside. There are no further comments and written responses to this
in the file.
.8UpER~OR~iOi{TON: Thm~k'You~ CoUnoil/nan Wieldaarm We:open th~ ilo'otto ~e public to
'address the Board on this public heating in relation to the sale of development rights.
:;~.EI.IaSA SP1R% LAZND taRESERVATIQN COORDINATO~ I wo~d ~e. to j~ q~y go ov~
~ :~e re~ini~ ~a of'~ ~el ~ b~ore ~ Planning B~ for · sub~v~
, ~ ~ .... g - P · . . ·
~*. Upon r~t. of a resolution W ptom~ ~e deveBpm~[ ~ts p~e
~ B~d for ~e
pmrhase price is su
o111~1' pmlc~2lcd [arid. alld
mmndcrgomng IlCgmiOllS ~t ilh I
Ilomh the J,lllid IJlk'SCl'VilJiOII
$ '~D~)~IDt~/~T~: Thas~k you, Ms. Spiro. Are there other co~memts from the fl~or on this
puBlic~t~rig~ (~b:ve~'Por~se~ Comments fz,om the Board?,0No re~ponse),We will elose,thts hearing.
Southold Town Clerk
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REGISTRAR 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 (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 27 OF 2004 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 6, 2004:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by Manzi Trust,
Robert Arnone & Others as Trustees, pursuant to the provisions of Chapter 6 and Chapter 25 of
the Code of the Town of Southold. Said property is identified as SCTM # 1000-83-2-9.1
and13945 Oregon Road, and is located on the north side of Oregon Road, approximately 1,096
feet east of the intersection of Bridge Lane and Oregon Road, in Cutchogue. The development
rights easement comprises approximately 17 acres of the 25 acre farm. The exact area of the
development rights easement is subject to survey. The purchase price is $24,500 (twenty-four
thousand five hundred dollars) per buildable acre. The Town may be eligible for a grant from the
New York State Department of Agriculture for partial purchase of this property and part of the
purchase price may be reimbursed from that agency; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQKA Rules and Regulations, 6NYCRR 617.1 ct. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
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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 (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 37 OF 2004 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 6, 2004:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of development rights on the property owned by Manzi Trust, Robert Amone &
Others as Trustees on the 6th day of January 2004, pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-83-2-9.1 and13945 Oregon Road, and
is located on the north side of Oregon Road, approximately 1,096 feet east of the intersection of
Bridge Lane and Oregon Road, in Cutchogue; and
WHEREAS, the development rights easement comprises approximately 17 acres of the 25 acre
farm. The exact area of the development rights easement is subject to the survey; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value, and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the purchase price is $24,500 (twenty-four thousand five hundred dollars) per
buildable acre; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development fights on these agricultural lands; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on part of a certain parcel of property of agricultural lands
owned by Manzi Trust~ Robert Arnone & Others as Trustees~ pursuant to the provisions of
Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as
SCTM #1000-83-2-9.1 and13945 Oregon Road, and is located on the north side of Oregon Road,
approximately 1,096 feet east of the intersection of Bridge Lane and Oregon Road, in
Cutchogue. The development rights easement comprises approximately 17 acres of the 25 acre
farm. The exact area of the development rights easement is subject to survey. The purchase price
is $24,500 (twenty-four thousand five hundred dollars) per buildable acre. The Town may be
eligible for a grant from the New York State Department of Agriculture for partial purchase of
this property and part of the purchase price may be reimbursed from that agency.
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
JOSEPH G. MANZI JR. IRREVOCABLE TRUST
and VILLA AMOROSA, LLC
to TOWN OF SOUTHOLD
Development Rights Easement- 17.02 acres
(includes 2.34 acres subdivision open space and 0.025 acre beach access)
14.655 buildable acres @ $24,500.00/acre
Premises: 13945 Oregon Road, Cutchogue
SCTM #1000-83-2-p/o 9.1
Closing held on Wednesday, August 24, 2005
at 10:00 a.m., Land Preservation Department,
Southold Town Hall Annex
Purchase Price of $ 359,047.50 disbursed as follows:
Payable to Joseph G. Manzi Jr. Irrevocable Trust
Check #82771 (8~24~05)
Payable to Villa Amorosa, LLC
Check #82773 (8~24~05)
$ 269,285.62
$ 89,761.88
Expenses of Closing:
Appraisal
Payable to Given Associates
Check #74311 (12/2/03)
Survey
Payable to Hawkins Webb Jaeger Assoc PLLC
Check #82510 (8/2/05)
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
Check #75518 (3~9~04)
$ 2,200.00
$ 2,500.00
$ 1,300.00
Title Report
Payable to Stewart Title Insurance Company
Check #82772 (8~24~05)
Fee insurance $1907.00
Recording deed $ 250.00
Certified Copy $ 50.00
Title Update $ 150.00
$ 2,357.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #82770 (8/24/05)
$ 100.00
Those present at Closing:
Joshua Y. Horton
Lisa Clare Kombrink, Esq.
Richard Manzi
John Guido
Frederick J. Napolitano, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Trustee
Vice President, Manzi Homes, Inc.
Attorney for Sellers
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
,'Oa ;~ ? ?
~ ~ 00£
VENDOR 098051 JOSEPH G. MANZI JR
08 /2005
CHECK 82771
H3 .8660.2.600.100
p n i~
TkTVOT ~R
082405
DEV RIGHTS-17.02
TOTAL
AMONHT
269,285 62
269,285 62
TOWN OF SOUTHOLD . SOUTHOLD, NY 11971 0959
011m
VENDOR 022280 VILL~A AMOROSA, LLC
O8/2A/200S
CHECK 82773
H3 .8660.2.600.100
082405
DEV RIGHTS-17.02 A 89,761.88
TOTAL 89,761.88
TOWN OFSOUTHOLD SOUTHOLD, NY119710959
VEN
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, ri.y, 11788-0306
(631) 360-3474
FAX 360-3622
October 3, 2003
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
Property of Trustees of Joseph G. Manzi Irrevocable Trust, et al.,
S.C.T.M. Cf 1000-83-2-9.1
Located Northerly side of Oregon Road, Cutchogue, NY
File# 2003348
$2,200.00
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 007416 GIVEN, SRPA/PATRICK
Y JE Date Trx. Date Fund Account
......................... Use Acti
8/12/2003 8/12/2003 H3 .600
8/12/2003 8/12/2003 H3 .600
8/12/2003 8/12/2003 H3 .600
8/26/2003 8/26/2003 a ·600
, , 9/09/2003 9/09/2003 H3 .600
9/23/2003 9/23/2003 H3 ·600
ii 11/18/2003 11/18/2003 H3 .600
,, 12/02/2003 12/02/2003 H3 .600
~ 12/02/2003 12/02/2003 H3 ·600
, , 3/09/2004 3/09/2004 H3 .600
3/23/2004 3/23/2004 H3 .600
i~4/06/2004 4/06/2004 H3 .600
,44/20/2004 4/20/2004 H3 .600
, , 9/07/2004 9/07/2004 H3 .600
., 11/04/2004 11/04/2004 H3 .600
......................... Use Acti
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-12022003-566 Line: 135 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date .....
: Trx An%cunt...
: Description..
: Vendor Code..
: Vendor Name.,.
: Alt Vnd..
: CHECK ........
: Invoice Code.
: VOUCHER ......
: P.O. Code .... 11129
: Project Code.
: Final Payment F Liquid.
: Type of 1099. M BOX. 07
: Fixed Asset.. Y
: Date Released 12/02/2003
: Date Cleared. 12/31/2003
: F3=Exit F12=Cancel
12/02/2003 SDT 11/26/03 :
2,200.00 :
APPRAISAL-MANZI PROPERTY :
007416 :
GIVEN, SRPA/PATRICK A. :
2003348 :
Addl. :
Hawkins Webb Jaeger
3239 Route 112 Phone: 631 ?32 7777
Medford NY 11763 Fax: 631 732 7760
Invoice
Prqject: 05-0249
1000-83-2-P/O 9.1/OREGON
LANDING/SOUTHOLD
Maaager: Crane, Matthew
To:
Town of' Southold Dept of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melissa A Spiro
hwoice #: 3173
Invoice Date: July 24, 2005
MAKE CHECKS PAYABLE TO .IIAWFANS WEBB JAEGER Invoice Amount $2,500. O0
PARCEL 5 OREGON LANDING - SOUTHOLD
** TITLE UPDATE
Specified Fee:
$2,500.00
*** Total Project Invoice Amount
$2,500. O0
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 008099 HAWKINS WEBB JAEGER
JE Date Trx. Date Fund Account
............................. Begi
8/02/2005 8/02/2005 H3 .600
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-08022005-382 Line: 118 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date .....
: Trx Amount...
: Description..
: Vendor Code..
: Vendor Name..
: Alt Vnd..
: CHECK .........
: Invoice Code.
: VOUCHER ......
: P.O. Code ....
: Project Code.
: Final Payment
: Type of 1099.
: Fixed Asset..
: Date Released
: Date Cleared.
: F3=Exit
8/02/2005 SDT 8/01/05 :
2,500.00 :
SURVEY/I~L, XlZI/OREGON RD :
008099.'
HAWKINS WEBB JAEGER ASSO :
:
82510 SCIxlB :
3173 :
14347 :
:
F Liquid. :
N BOX. Addl. :
Y :
8/02/2005 :
F12=Cancel
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427.5665
Melville; NY 11747 Fax: 631-427-5620
Invoice
Property: 04010 Project:
Manzi Property
Manager: Voorhis, Charles
VA01412
Town of Southold
Town Hall
53095 State Rt 25. PO Box 1179
$outhold NY 11971
Atten~on: Melissa A Spiro
Invoice #: 2301
Invoice Date: February 23, 2004
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,300.00,
Contract Item gl: Phase I Environmental Site Assessment
Work Performed: 1/8 thru 2/18/04
Contract Amount: $1,300.00
Percent Complete: 100.00%
Fee Famed: $1,300.00
Prior Fee Billings: $0.00
Current Fee Total:
$1,300.00
*** Total Project Invoice Amount
$1,300.00
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 014161 NELSON, POPE & VOOR
Y
JE Date Trx. Date Fund Account
......................... Use Acti
1/20/2004 1/20/2004 H3 .600
112012004
1/20/2004
1/20/2004
1/20/2004
1/20/2004
2/24/2004
3/09/2004
3/09/2004
4/20/2004
4/20/2004
4/20/2004
4/20/2004
i p/18/2oo4
,~/18/2004
1/20/2004 A .600
1/20/2004 A .600
1/20/2004 A .600
1/20/2004 A .600
1/20/2004 A .600
2/24/2004 B .600
3/09/2004 H3 .600
3/09/2004 H3 .600
4/20/2004 H3 .600
4/20/2004 H3 .600
4/20/2004 H3 .600
4/20/2004 H3 .600
5/18/2004 A .600
5/18/2004 H3 .600
......................... Use Acti
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Na/ne
.............. Detail--GL100N ..............
: W-03092004-727 Line: 282 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 3/09/2004 SDT 3/10/04 :
: Trx Amount... 1,300.00 :
: Description.. PHASE I ESA-MANZI PROP :
: Vendor Code.. 014161 :
: Vendor Name.. NELSON, POPE & VOORHIS, :
: Alt Vnd.. :
: CHECK ......... 75518 SCNB :
: Invoice Code. 2301 :
: VOUCHER ...... :
: P.O. Code .... 11709 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 3/09/2004 :
: Date Cleared. 3/31/2004 :
: F3=Exit F12=Cancel :
STEWART TITLE INSURANCE COMPANY
125 Baylis Road, Suite 201, Melvine, New York 11747
631-501-9615 fax 631-501-9623
FAIR MARKET VALUE RIDER PREMIUM
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Arbitration
Residential
Adjustable Rate Rider
NEW YORK STATE TRANSFER/MANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mortgagor)
COMMUNITY PRESERVATION FUND
SURVEY INSPECTION
DEPARTMENTAL SEARCHES
STREET REPORT
BANKRUPTCY SEARCIt
~SCROW DEPOSIT FEE
ESCROW DEPOSIT
RECORDING FE E~S:
( ) SATISFACTION(S)
( ) MORTGAGE(S)__
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDAVIT(S)__
()ASSIGNMENT(S)
TOTAL CHARGES
CLOSER CI1ARGES, IF ANY: PICK UP FEE
PATRICIA L. FALLON
Title Closer
11'0~277211' m:O2&NOSN~NI-' ~, OOOOON Oil'
VENDOR 019624 STEWART TITLE INSUP~ANCE CO. 08/24/2005
CHECK 82772
FT_~Tn f- ACCOT3!}TT
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660.2.600.100
H3 .8660.2.600.100
p.~ ~ T ]~TVO T ~. T~ f~P T Pq~ T C~T A MON~TT
11707 24-S-0057A
11707 24-S-0057B
11707 24-S-0057C
11707 24-S-0057D
TITLE INS-NLANZI 1,907.00
RECORDED DEED-MANZI 250.00
CERT DEED COPY-MANZI 50.00
TITLE UPDATE-MANZI 150.00
TOTAL 2,357.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
,'OAB??O,' 1:OB~,NOSNf=~,I: r=3 OOOOOL, O,'
VENDOR 006013 PATRICIA PALLON
o8/2,~/2oos
CHECK 82770
pT~ND ~= ACCOT_TNT
H3 .8660.2.600.100
24-S-0057
TITLE CLOSING-MANZI
TOTAL
AMO]~T
100.00
100.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959
R
E
C
O
R
D
E
D
D
E
E
D
Su~FOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 15
Receipt Number : 05-0100032
TRANSFER TAX NUMBER: 05-08001
District:
1000
ed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
083.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$359,047.50
Received the Following Fees
Page/Filing
COE
TP-584
Cert.Copies
SCTM
Comm. Pres
For Above Instrtunent
Exempt
$45.00 NO Handling
$5.00 NO NYS SRCHG
$5.00 NO Notation
$9.75 NO RPT
$0.00 NO Transfer tax
$0.00 NO
TRANSFER TAX NI/MBER: 05-08001
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
09/23/2005
09:13:28 AM
D00012410
944
Lot:
009.003
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$114.75
OCT I 1 2005
Number of pages
TORRENS
Serial #
Certificate #
Prim Ctf. #
Deco. lvlortgage Instrument
Deed / Mortgage Tax Stamp
FEES
RECORDED
2005 Sep 23 09:13:28
Edward P. Romaine
CLERK OF
SUFFOLK COUHTY
L D00012410
P 944
DT~ 05-08001
Recording / Filing Stamps
Page / Filing Fee
Handling
TP~584
Notation
EA-5217 (Comity)
EA 5217 (State)
R.RT S.A.
Colmn. of
Affidavit
Reg. Copy
Other
5, 00
Sub Total ~'~ ''~
5. 00
Sub Total
Real 1000 08300 0200 009003
Property
Tax Service
Agency
Verification
61
Satisfacdon/Discharges/Release List Property Owners Mailing Address
RECORD & RETURN TO:
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton, New York 11968
81
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
or
Spec./ Add.
TOT. MTG TAX
Dual Town Dual County
Held for Appointment
Transfer
Mansion Tax
The property covered by this motgage is
or will be improved by a one o~ two
fanily dwelling only.
YES or NO __
If NO, see appropriate tax clause on
page #.__ of this thstrument.
Communit~ Preservation Fund
Consideration Amount
:PF Tax Due $ ~
Improved
y Vacant Land ?'~
TD
TD
7 I ff~f'tle Company Information
I Co. Name ~'~,Ya~¢- ~'~
Suffolk County Recording & Endorsement Page
qltis page forms part of the attached ~Development Riehts Easement
(SPECIFY TYPE OF INSTRUMENT)
Joseph G=Manzi Trust and Villa Amorosa,
LLC
TO
Town of Southold
made by:
The prenfisis herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the'l\~wnship of Southold
In the VILLAGE
or ffAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR pRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of o~ 2005 at Southold, New York. The party is RICHARD MANZI, as
Trustees of the 3OSEPH G. MANZI, JR. IRREVOCABLE TRUST, as to a 75% ,..177)
Undivided Interest, c/o Richard Manzi, residing q ~o~,~,._ ~ ~.,~ f,~ ?z t
and VILLA AMOROSA, LLC, with an address at .]1 ,C~,~'~Z; ~:~, ~fo~; ¢J~
as to a 25% Undivided Interest (herein collectively called "Grantor"), and the
TOWN OF SOUTHOLD, a municipal corporation, having its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York (herein call
"Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM# 1000-83-2-p/o 9.1 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by
Hawkins, Webb, Jaeger Associates P.C.,last revised June, 2005, and
hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class I!
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property in an
agricultural capacity as defined in this Easement; and
WHEREAS, the Property is currently undeveloped and open; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, Lo
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of THREE HUNDRED-FIFTY NJ[NE
THOUSAND-FORTY-SEVEN DOLLARS AND 50/100 ($359,047.50) and other
good and valuable consideration paid to the Grantor, the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross, which
shall be binding upon and shall restrict the premises shown and designated
as the Property herein, more particularly bounded and described on
Schedule "A" annexed hereto and made a part of this instrument.
TO HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated .lune, 2005 prepared by Hawkins, Webb, 3aeger
Associates, P.C. and a Phase I Environmental Site Assessment dated
February 12, 2004 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shaft include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 25 of the Town Code of the
Town of Southold (the "Code").
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as permitted
by the Southold Town Land Preservation Committee and other applicable provisions of
the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure"
shall be defined as anything constructed or erected on or under the ground or upon
another structure or building, including walkways. Structures shall not include trellis,
fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to
implement NRCS approved conservation practices, or fencing used in connection with
bonafide agricultural production, including without limitation fencing to keep out
predator animals. Approvals for these shall be as required by applicable provisions of
the Town Code.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumpinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization and composting.
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Landscapinq Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04. Notwithstanding this
provision, the property may be cleared in connection with agricultural
production, as that term is currently defined in Chapter 25 of the Town
Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. Utilities must,
to the extent possible, be constructed within 30 feet of the centerline of
roads or driveways, and may be used solely to service the permitted
structures. The Property may not be used for the creation or placement of
utilities to service any other properties.
3.08 Prohibited Uses
The use of the Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, shall be prohibited.
For the purposes of this section, agricultural production, as defined in
Chapter 25 of the Town Code, shall not be considered a commercial use.
Notwithstanding the above, the use of a 10' wide easement on the
property as described in and according to the provisions of Liber 12392 at
Page 123, shown on the survey referenced herein, shall not be prohibited.
3.09 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicars such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the U.S.
Department of Agriculture's National Resource Conservation Service.
3.10 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.11 Development Riqhts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law.
4.04 Landscaping Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the
property.
4.05 Aqricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 25 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i)
Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii)
New construction, provided such structures are necessary
for agricultural production and lot coverage does not
exceed two (2) percent of the Property;
(iii) Renovation, maintenance and repairs of structures built
pursuant to this Section 4.06, provided the existing footprint is
not increased and the primary purpose of the structure remains
agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural
production, open space and scenic vistas, and otherwise be consistent with
the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.0! Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of its
officers, employees, agents or independent contractors resulting: (a) from
injury to persons or damages to property arising from any activity on the
Property, except those due solely to the acts of the Grantee, its officers,
employees, agents, or independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin,
prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby authorized
to enter upon the Property to perform such maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 5.04 and
6.03, or to permit access upon the Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant Lo this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(J) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
7.02 Amendment
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
said rights and interest, following a public hearing and, thereafter, ratified by
a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
THE :IOSEPH G. I~ANZT, :IR. ZRRE¥OCABLE TRUST (Grantor)
B~. RICHARD I~A~IZ[, Tru~stee
VZLLA AMOROSA, LLC (Grantor)
ACKNOWLEDGED AND ACCEPTED:
TOWN O/~ S.OU)HOLD(Grantee)
/s ~Shua '~. H~rton
upervisor
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 7.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinquishment/Condemnation
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open
space value of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
Stewart Title Insurance Company
Title No: 24~S-0057
Schedule A Description
ALL that certain plot, piece or parcel of land with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Oregon Road where same is intersected by the
division line between premises herein and land now or formerly of Joseph K. Swiatocha; said
point being the southwesterly comer of premises;
RUNNING THENCE along said land of Joseph K. Swiatocha, the following two (2) courses
and distances:
1. North 48 degrees 53 minutes 00 seconds West, 484.00 feet;
2. South 61 degrees 26 minutes 00 seconds West, 180.00 feet;
THENCE North 48 degrees 53 minutes 00 seconds West along land now or formerly of County
of Suffolk and Jeanne F. and Timothy Steele 1002.34 feet;
THENCE North 71 degrees 26 minutes 42 seconds East 134.59 feet to the northerly side ora 25
foot Right of Way;
THENCE along the southerly and southwesterly side of said Right of way:
Southerly and easterly along an arc of a curve which bears to the left having a radius of 50.00 and
a distance of 239.19 feet;
Thence along an arc of a curve, which bears to the right having a radius of 20.00 feet a distance
of 32.85 feet;
Thence North 71 degrees 26 minutes 42 seconds, 482.77 feet;
Thence along an arc of a curve, which bears to the right having a radius of 50.00 feet, a distance
of 53.00 feet;
5) Thence South 47 degrees 44 minutes 00 seconds East, along said Right of Way, 1289.11
feet to the northerly line of Oregon Road;
THENCE South 61 degrees 26 minutes 00 seconds West, along the northerly line of Oregon
Road, 439.82 feet to the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this ~ day of ~s~ in the year 2005 before me, the
undersigned, personally appeared Richard Nlanzi, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(les), 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
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 FA4950146
Qualified In Suffolk County
Commission Expires April 24,o~'~7
On this ~,/~/ day of,4~z~ in the year 2005 before me, the
undersigned, personally appeared~,~*L'~ersonally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(les), 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
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01FA4950146
Qualified In Suffolk County
Commission Expires April 24, c~-~ -7
On this~b/ day of~u~-~in the year 2005 before me, the
undersigned, personally appeared 3oshua ¥. Horton, personally known to
me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(les), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
NO. 01FA4950146
Qualilied In Suffolk County
Commission Expires April 24,
T
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ALTA OWNER'S POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, '
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the. title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' tees and expenses incurred in defense of the title, as insured, but only to the
extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized
officers as of the Date of Policy shown in Schedule A.
STE%¥ART TITLE®
Countersigned by: .,~"~"~'""\ ~ Sin's.. ~
{~ 1987 :r~
EXCLUSIONS FROM COVERAGE
lhe following matters ore explessly excluded flora the coverege of this policy end the Compnny will not pay less or damage, costs, attorneys' fees or expenses which erise by reason
I. fo) Any lew, ordinance or governmental reguletion (including bet not limited to building end zoning Io~, ordinances, or regulations) restricting, regulating, prohibiting or
relating to fi) the ocnuponcy, use, or enioymenl of the lend; (ii) the choreder, dimensions or location of any improvement now or hmeeflm ereded on the lend; (iii) o separation in
ownership o{ o change in the dimensions or e~en of the lend or uny parcel of which the lend ia er wes e port; or (iv) environmental protection, or the effect of any violation of these
lows, ordinenaes o{ governmental regulations, except to the extent that o notice et the enforcement thereof or e notice of e defecl, lien or ennumbmnce resulting from e violution or
elleged violation offeding the lend hes been recorded in the public records et Dote of Pelicy.
Cb) Any gevernmentel pelke power not excluded by (o) ebove, except to the extent thor o notice of the exerdse thereof or o notice et e deled, lien or encumbronee moulting
from o violation or alleged vinlnlion e[[eding the lend has been recorded in the public records et Dote of ?oDw.
2. Rights of eminent domuin unless notice of the exeldse theme[ hes been recorded in the publk records et Dete of Polky, but not excluding flom coverage anY taking whidl has
occurred prior to Dote of Polio/whkh would be binding on the [ighl~ of o purcheae[ [o[ value without knowledge
3. Defeds, liens, eocumbmnces, adverse duims or other ma"ers:
fo) created, suffered, essumed or agreed to by the inonled claimant;
Cb) not known to the Compeny, not recorded in the public records et Dote of ?olicy, but known to the insured dnimoot nad not disclosed in writing to the Compeny by the
insured duimont prior to the date the insured claimant beceme un insured under this policy;
Cc) resulting in on loss or damage to lhe insured claimant;
Cd) aHaching or created subsequent 1o Dote of Policy; or
Ce) resulting in loss or damage which would not here been sustained ir the insured claimant had paid value fm the estate al iotereg insured bY this pehcy.
4. Any claim which arises ogJ of the transaction vesting in lhe Insured the estole or inlmest insured by this policy, by leason of the operation of federal bankruptcy, stere
insolvency, or similar creditors' rights laws, thal is bused on:
Co) the tlansaction creating the estate or intmest insured by this policy being deemed a fraudulent conveyance m flauduJent transfer; or
Ch) the transaction creating the estate al interesl insmed by lhis polio/being deemed a preferential transfer except where the Pre[erential transfer results flom the [allure:
(i) to timely record the instrument of transfel; or
(ii) of such recordetien to impart notice to a purchasel [m value or a judgment al hen creditor.
0-8831-33 303
NY 001 n0.17-92)
ALTA OWNER~ POUCY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINEO IN SCH'EDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule k, agaihst lo~s dr damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the Insured Dy reason of:
1. Title to the estate or interest described in Schedule k being vested other tharf as stated therein;
2. Any defect in ur lien or encumbrance on the title;
3. Unmarketability of th~ title;
4. Lack of a right of access to and from the land.
The Company will also pay the costS, a~torneys' tees and: expenses ~incurred in defense of ~e title, as insured, but only to the
extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this POlicy to be signed and sealed by its duly authorized
officers as of the Date of Policy shown in Schedule: A.
ST ENVART TITLE~
Countersigned by:
EXCLUSIONS FROM COVERAGE
~e [allowing rotators'ale expras~h/excluded f~om lhe mverage o{ this poJiW and the [ompeny will not pey Io~ nr d~m~ge, cmos, oHm~e~' ~5 or e~ ~kh ~ by ~mn
of:
1. {a} A~ law, ortinonte or governmental ~eDul~on {including b~ flat fimi~d to building ~nd zoning lows, ordinances, or r~ulofions) resffi~i~6, mgulsJag, prohibiting nr
ruling · ~) the occupanw, ~e, or ~ia~t o[ ~e land; (ii) lbo ch~mdeL dJmen~ons al location o¢ ~ impfo~ment now or besmear amid on the land; (iii) o ~par~ion in
ownsrsh[~ al a ~an~ in the dlmen~ofls or ar~ d fl~e I~n~ or any par~[ o~ which the rand is or wes a
(b) A~ g~vem~ p~i~ce p~r n~t ~dud~ ~ (a~ ~b~e~ ex~ ~ the e~nt ~h~t ~ n~t~ ~ ~e exe~d~ ~h~eM ~ a n~tke ~ a de~ r~en ~r encumbmnce r~u~ing
~m a v~oi~on or alleged violation ~ ~he land has beet mcasded i~ the public reca~5 et Dale of
occurred prior to Oe~ ~+ PoIT~ ~kh would be b~dTng aa ~o r[g~ of a p.r&a~er ~r vniu~ ~out knowledge,
3. De,ds, liens, encumbrances, ad~[~ claims or other ma~r~
(o) a~ted, suffmd, a~um~ er nDm~ to by ha ~nsured clmmanr;
~) not ~n ~ ~e Company, not mca[dad in the pub~k records at D~ of Pol~, but known tn the insured d~imant on~ ne~ di~l~ed in wdtT~g ~ lhe ~mPeflY bY the
imur~ claimant prier to ~e dam the Jp~m~ claimant ~mme on ~mu~ed a~d~T this
(c) r~uJtJng in no loss o~ damage to ~ insured daime~t;
(d) ~ching ar cr~ su~qu~ ta Dole d Patiw; o~
(e) ~e~u~i~gin~5~r~m~ge~i~u~dn~hnve~ee~sus~n~d~ftheinsumdd~m~n~hedp~jd~a~u~ees~ea[in~re~t~nsuredbYthis~.
iflsol~nw, or simgm cTedit~rs' 6~hts la~, thai' is be~d
(h) ih~ tmn~ctlen or,ling the e~ al intmc~ insured by ~i5 poliw bel~ dee~ed e pre~re,t~o~ tr~ns[er except where the ~eErenttal ~ran~r ~ul~ from t~e feiluTo:
(ii) ~ SU~ r~oTdetinn to im~ti ~otice fo a purchaser ~or ~alue o~ e i,dgmenT oHien er"ditek.
0-8831-339303
ALTA OWNER'S POLICY
SCHEDULE A
Title No.: 24-S-0057
Policy No.: O-8831-339303
Date of Policy: August 24, 2005
Amount of Insurance: $359,047.50
1. Name of Insured:
Town of Southold
County: Suffolk
2. The estate or interest in the land described herein and which is covered by this policy is:
Development Rights Easement
3. Title to the estate or interest in the land is vested in:
Town of Southold, who acquired title by virtue ora deed from Robert Atone, Richard Manzi and John
Elcik, as Trustees of the Joseph G. Manzi, Jr. Irrevocable Trast dated March, 28, 2000 and Villa
Amorosa, LLC, by deed dated 8/24/05 and to be recorded in the Suffolk County Clerk's/Register's
Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000
Section: 083.00
Block: 02.00
Lot: 009.001,
4612 (7/93)
Page 2
STEWART TITLE
INSURANCE COMPANY
ALTA OWNER'S POLICY
SCHEDULE B
24-S-0057 Policy No O-8831-339303
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees
or expenses) which arise by reason of:
1. Rights of tenant(s) or person(s) in possession, if any.
2. Subject to water charges, if any.
3. Survey by Hawkins, Webb, Jaeger, PLLC dated June, 2005 shows premises as vacant land, line of 10 foot
easement located at northwest comer; edge of woods located at northwest comer.
4. Cross Easement Dated June 13, 2005 and recorded in Suffolk County.
5. Company excepts possible Rights of Others in and to a 10 foot easement area shown on Survey herein.
4613 (2/93 Page 3
STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company
Title No: 24-S-0057
Schedule A Description
(AMENDED 08/05/2005~
ALL that certain plot, piece or parcel of land with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Oregon Road where same is intersected by the
division line between premises herein and land now or formerly of Joseph K, Swiatocha; said
point being the southwesterly corner of premises:
RUNNING TIlENCE along said land of Joseph K. Sv, iatocha, the following two (2) courses
and distances:
1. North 48 degrees 53 minutes 00 seconds West, 484,00 feet;
2. South 61 degrees 26 minutes 00 seconds West, 180.00 £eet:
THENCE North 48 degrees 53 minutes 00 seconds West along land now or fom~erly of County
of Sutt6lk and Jeanne F. and Timothy Steele 1002.34 l~et:
TIIENCE North 71 degrees 26 minutes 42 seconds East 134.59 feet to the northerly side of a 25
foot Right of Way;
TilENCE along the southerly and southwesterly side of said Right of way:
1)
2)
3)
4)
5)
Southerly and easterly along an m'c of a curve which bears to the left having a
radius of 50.00 and a distance of 239.19 feet'.
Thence along an arc of a curve, which bears to the right having a radius of 20.00
feet a distance of 32.85 feet:
Thence North 71 degrees 26 minutes 42 seconds, 482.77 leer;
Thence along an arc of a curve, which bears to the right having a radius of 50.00
feet, a distance of 53.00 feet:
Thence South 47 degrees 44 minutes 00 seconds East, along said Right of Way.
1289.11 feet to the northerly line of Oregon Road;
TOf3ETHE~R with all right, title and interest of the party of tile first part, in and to the land lying
in the street in front of aud adjoining said premises.
THENCE South 61 degrees 26 minutes 00 seconds West~ along the northerly line of Oregon
Road, 439.82 feet to the point or place of BEGINNING.
TOGETHFR wilh all right, title and interest of the party of the first part. in and to t ~e land lyiag
in the street in front of and adjoining said premises,
eTEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
TitieNo,: 24-S-0057
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
ATTACHI~D TO AND MADE A PART OF POLICY NUMBER
O-g831-339303
l. The following L~ added to the insuring provisions on tile face page of'this policy:
statutory lien for scrwccs, labor or material gum:abed poor 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 poli0y."
2. The following is added to Paragraph 7 of the Condifons and Stipulations of thi~ policy:
"(d) ff thc recording date .of the instruments creating the insured interest is lzter than the policy date, such policy shall also
Nothing herein contained shall be eonsltued aa extending or ohanging the effective date of the poli~y unless othcnxisc ex~.~sly
stated.
This endorsement, when countersigned below by a validating signatory is made a part &the policy and is subject to the Exclusions
fi-om Coverage, Schedules Conditions and St~ulatJons therein, except as modified by the provisiom~ her¢o£
Signed on August 24 2005
Stew~r~ Title Insurance Company
Signed by:
Authvhzcd Office or Agenl
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melvillcs New York 11747
Agent No.: 327005
STEWART TITLE
eTANDARD NEW YORK EN ?~ ,RSEMENT (9/1 I93)
OR USE WITH ALTA OWNER S POLICY (10/! 7392)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TE~S.
The following terms when used in this policy moon:
(o) "insured": the insured named in Schedule A, end, subied to any riphts or defenses
he Company would have had against the named insured, those who succeed to the interest
f the named insured by operation of law as distinguished from purchase including, but not
limited 1o, heirs, distrihutees, devisees, survivors, personal representatives, next of kin, or
corporate or flducimy successors.
Cb) "insured claimant": an insured claiming loss or damage.
Cc) "knowledge" or "known": adual knowledge, not constructive knowledge al notice
which may be imputed to an insured by mason of the public records as defined in this policy
or any other records which impart constructive notice of mailers affecting the land.
Cd) "land": the land descgbed or referred to in Schedule A, and improvements affixed
thereto which by law constitute real property. The trim "land" does not include (]ny property
beyond the lines of the ama described or referred to in Schedule A, nor any right, title,
intelest, estate or easement in ahuHing streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a right of access to
end from the land is insured by this policy.
Ce) "mortgage": mortgage, deed of trust, trust deed, al other securtly instrument.
Cf) "public records": records established under state statutes at Date of Policy fei the
purpose of importing constructive notice of matters relating to real properly to purchasers for
value and without knowledge. With respect to Section 1Ca)Cia) of the Exclusions From
Coverage, "public records" shell also include environmental protedion 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 nl appumnt mailer affecting the title to
lhe land, not excluded or excepted from coverage, which would entitle a pulchaser of the
estate or interest described in Schedule A tn be released from the obligation to purchase by
virtue of a contradual 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 us the insured retains an estate or interesl in the land, or holds an
indebtedness secured by u purchase money mortgage given by a purchaser from the insured,
as the insured shall have liahdily by reason of covenants of warranty made by
the insured in any transfer of conveyance of the estate al interest. This polio/shall not
continue in force in favor of any purchaser from the insured of either (i) an estate ul interest
in the land, or (ii) an indehledness secured by a purchase money mortgage given to the
insured.
3. NOTICE OF C~IM TO BE GIVEN BY iI'ISURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any litigation as
set forth in Seciion 4Ca) below, (ii) in case knowledge 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 he liable by vidue of this
policy, or (iii) if title to the estate al interest, as insured, is rejected as unmarketable. If
prompt notice shall not he given to the Company, then as to the insured aJJ liability of the
Company shall terminate with regard to the matter er matters for which prompt notice is
required; provided, however, that failure to notify the Company shall in ne case prejudice the
rights of any insured under this pohcy unless the Company shall he prejudiced by the failure
and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DU1'/OF INSURED CLAIMANT TO
COOPERATE.
(~]) Upon wriHen reqoest by the insured and subject to the oplioee contained in Section
6 of these Conditions and Stipulations, the Company, ut its own cost and without
unreasonable delay, shall plovide for the defense of an insured in litigation in which any third
party usserts o claim adverse to the title or intmest as insured, hut only as to those stated
causes of aaron alleging a defect, lien or encumbrance or other mattel insured against by this
policy. The Company shell have the right to select counsel of its own choice (suhjed to the
right of the insured to ohjecl for reasonable cause) to represent the insured as to those stated
causes of action end shall no( he liable for and will not pay the fees of uny other counsel.
The Company wdJ not pay any fees, costs m expenses incurred by the insured in the defense
of those causes of action which allege matters not insured against by this policy.
Ch) The Company shall have the dghl, at its own cost, la ieetJtule and prosecute any
action or proceeding or to do any ethel act which in its opinion may be necessary or desirable
to establish the title to the estate al interest, us insured, or to prevent or reduce Joss al
damage to the insured. The Company may take any appmpliate action under the terms of
this policy, whether er not it shall be liable hereunder, and shall not thereby concede liability
m waive any provision of this policy. If the Company sh''' qxeTcJse it rights under this
paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an adion or interposed a defense as
required or permitted by the provisions of this policy, the Company may pursue uny litigation
to final determination by a court of competent jerisdidion 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 te prosecute or
provide for the defense of any action or proceeding, the insured shall secure to the Company
the right tn so prosecute o~ provide defense in the action er proceeding, nad all appeals
therein, and permit the Company to use, at its option, the name of the insured for this
purpose. WheneeeT requested by the Company, the insured, at the Company's expense, shell
give the Company all reasonable aid (i) in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending the aaron or proceeding, ur affecting
settlement, and (ii) in any other lawful act which in the opinion of the Company may be
neceesory or desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required cooperation, the
Compuny's obligations to the insured under the pohcy shall terminate, including any liability
or obligation to defend, prosecute, or continue any litigation, with regard to the metier ur
matters requiring such cooperation.
S, PROOF OF LOSS OR DA~GE.
In addition to and offer the notices required under Sedion 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 defed in, er lien or encumbrance on the title, or other matter
insured against by this policy which constilutee the basis of loss ur damage and shall slate, to
the extent possible, the basis of calculating the amount of the loss or damage. Jf the
Company is prejudiced by the failure of the insured claimant to provide the required proof of
loss or damage, lhe Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, with
repaid to the morter er marters 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 representative of the Company and shell 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 pertuin to the toss ur damage. Fudher, if 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 the custody or control of a
third party, which reasonably pertain to the loss or damage. All information designated as
confidential by the insured clnimnnl provided to the Company pursuant to this Section shall
eel be disclosed to others unless, in the reasonable judgment of the Company, it is necessap/
in the administration of the claim. Failure of the insured claimant to suhmit for examination
under oath, produce other reasonably requested information or grant permission tn secure
reasonably necessary information from third padies as mquired in this paragraph shall
terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE S[:I'rLE C!.~I~; TE~INATION OF LIABILFP/.
In case of o claim nnder this policy, the Company shall have the fallowing additional
options:
a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tende~ payment of the amount of insurance under this policy together w th any
costs, aHameys' fees ned expenses incurred by the insured claimant, which were authorized
by the Company, up to the time of payment or tender of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of this option, nil liability and obligations to the
insured under this policy, other than to make the payment required, shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, and the
policy shall he surrendered to the Company for cancellation.
(b) To Pay or Othe~ise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to pay or othmwise sallie with othm parties fo[ or Jn the name of on insured
claimant aey claim insured against uedel this policy, together with any costs, artorneys' fees
and expenses incurred by the insured claimant which were outhegzed by the Company up to
the time of payment and which the Company is obligated to pay; al
(ii) to pay or olherw[se settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant whpe' were authorized by the Company up to the time of payment
and which the Company is ~ ~ed to pay.
tcontinued and concluded on last Dane of this Dolicv)
(continued and concluded from reverse side of Poiiey Face)
Upon the exercise by the Company of either of the aL /provided for in paragraphs
(b)(i) or (ii), the Company's obligations to the insured under this poliq, for the claimed lose or
damage, other than the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
e7. DETERMINATION, EXTENT OF LIABILIIYAND COINSURANCE.
This policy ia a contrnd of indemnity against actual monetacy lose or damage sustained
or incurred by the insured claimant who has suffered loss or damage by reason of matters
insured against by this policy and only to the extent herein described.
(o) The linhility of the Company under this policy shall not exceed the least off
(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 Jntereet subiect tn the defect, lien or encumbrance
insured against by this policy.
Cb) In the event the Amount of Insurnnce stated in Schedule A at the Date of Policy is
less thnn 80 percent of the value of the insured estate or intereet or the full coosiderotion paid
for the estate or iotereet, whJcheve~ is less, or if subseqeeot to the Date of Policy on
improvement is erected on the land which increesee the value of the inaored estate or interest
by at leest 20 percent over the Amount of Inanrnnce stored in Schedule A, then this Policy is
subject to the following:
(i) where no subsequeet improvement has been made, as to any partial loss, the
Company shall only pay the lass pro rata in the-proportion that the amount of insurance at
Dale of Policy bears to the total value of the insured estate or interest at Date of Policy; ur
(ii) where a sobseqoeot improvement has been made, as to any pattiaJ loss, the
Company shall only pay lhe loss pre rata in the proportion lhat 120 percent of the Amonnl of
Insurance stated in Schedule A bears Io lhe sum of the Amount of Insurance stated in
Schedule A and the amount expended for the improvement.
The provisions of this parngrnph shall not apply to costs, eHoreeys' fees and expenses for
which lhe Company is liable under lhis policy, and shall only apply te that pottJon of any loss
which exceeds, in the aggregate, 10 perceot of the Amount of Insurance stated in Schedule A.
Cc) '[he Company will pay only those costs, nttorney's fees and expenses incurred in
accordance with Sedion 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
j 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 affeding one or more of the parcels but not all, the Joss
shull be computed and settled on a pro ratu basis as if the amount of insurance undel this
policy was divided pro rata as to the value on Date of Policy of each sepalate parcel to the
whole, exclusive of any Jmprovemeoi~ made subsequent to Date of Policy, unless a liability or
value has othe~ise been agreed upon as to each parcel by the Company and the insured at
the time of the issuance of this policy and shown by an express statement or by an
endorsement attached to this policy.
9. LIMITATION OF UABILIIY.
Ca) If the Company establishes the title, or removes the alleged defoe, lien or
encumbrance, or cures the lack of a right of access to er from the land, or cures the claim of
unmarketability of title, oil as insured, ia a reasonably diligent manner by any method,
including litigation and the completion of any appeals therefrom, it shall have fully performed
its obligations with respect to that matier and shall not he liable for any loss ar damage
caused lhemby.
Cb) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liabilil? for loss ar damage until there has
been e final determination by a coud of competent jurisdiction, and disposition of all appeals
there[rom, adverse lo the title ns insured.
Cc) The Company shall not be liable for loss ul damage to any insured for liabilih/
voluntarily assumed by the insured in setiling any cJnim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UADJLII¥.
All payments under this policy, except payments made for costs, al~orneys' fees and
expenses, shall redure the amount al the insurance pro tanto.
11. LIADiLI~/NONCUMUI~,TIVE.
it is explessly understood that the amount of insurance under this policy shall be reduced
by nay amount the Company may pay under any pohcy insming a mortgage lo which
exception is taken in Schedule B or to which the insured has agreed, assumed, or taken
subject, or which is haloeD'er executed by an ineured and which [sa charge m lien on the
estate or interest described or rarefied to in Schedule A, and the amouot so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
Ce) No puyment shall he made without producing this poliLy for endorsement of the
payment unless lhe policy has been lost m destroyed, in which case proof of loss or
destluction shall be furnished to the satisfadion of the Company.
Cb) When liability e~ e extent of loss of damage has been definitely fixed in
accordance with these Condmbns and Stipulations, the loss or damage shall he payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENTOR SETTLEMENT.
Ca) The CompanVs Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of
subrogation shall vest in the Company unaffeded by any ad of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the
insured claimant would have bad agaiest any person or properly in rasped to the claim had
this policy not been issued. If requested by the Company, the insured claimant shall transfer
to the Company all rights and comedies against any person or property necessary in order to
perfect this right of subrogation. The insured claimant shall permit the Company to sun,
compromise or settle in the name of the insured claimnol and tn use the name of the insured
claimnot in any lronsadion or Dtigatiee involving these rights er remedies.
If a payment on acceuol of a claim does nut fully cover the loss of the insured claimant,
the Company shell be sobrogated to these rights and remedies in the proportion which the
Company's payment bears to the whole amount of the loss.
If loss should resell from any act of the insured claimnnt, 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 reasan of the impairment by the iosered claimant of the Company's right of
subrogation.
Cb) The C~mpany's Rights Agei~ Non-iosu~ Obligors.
The Company's righl of snbrogntieo against nan-insured obligors shall exist and shall
include, without limitation, the rights ef the insured la indemnities, guaranties, other policies
n[ 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 lille insurance Arbitration Rules of the American Arbitration
Association. Arbitrable mailers may include, hut are not limited to, any controversy or claim
helweee the Company and the insured arising out of or reJaliog to this policy, any service of
the Company in connection with Jt~ issuance or the breach of a policy provJsJoo or other
obligation. All arbitrable mattms, when the Amount of Insurance is S1,000,000 or less shall
be arbitrated at the option of either the Company or the iosumd. All arbitrable mailers when
the Amount of insuraoce 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 nffed on lhe date the demand for arbitration is made or, at the option of the insured, the
Rules in rifled at Date of Policy shall he binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the land is Iocnted 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 nthitratiee under the Title Insurance
Arbitration Rules.
A copy of the Rules may he obtained fi.om the Company upon request.
15. UADILII? LIMITED TO THIS FOLIL'Y; POLICY ENTIRE CONTRAET.
Ca) This policy together with all endorsements, if any, attached hereto by the Company
is the entire policy and contrad between the insured and the Compnny. Jn interpreting coy
provision of this policy, this policy shall be construed as a whole.
Cb) Any claim of loss or damage, whether al not based on negligence, and which elises
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.
Cc) No amendment of or endorsement to this policy can be made except by a writing
endorsed hereon ur aitached hereto signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officel or authorized signatocy of the Compnny.
16. SEVERABILI'IY.
In the event any provision of the policy is held invalid or uneefolceable under applicable
law, the policy shall be deemed not to include that plovisioa and all other provisions shall
remain in full force ood effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Cnmpaoy and any statement Jn writing inquired to he
furnished the Company shall include the numbel of this policy nnd shall be addressed to the
Company at 300 Eust 42od Slreet` New York, New Yn~k 10017
STEWART TITLE®
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
N
Y
S
A
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&
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S
W
A
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
We are the owners of _+ 17.02 acres of active farmland and/or -0- acres of non-
farmland, situated at Suffolk County Tax Map No. 1000-83-2-p/o 9.1 and, that is proposed
to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant
to Section 305(4)(d) of the Nev~ York State Agriculture and Markets Law, I hereby waive my
right to require the Town of Southold to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
Project Sponsor
TOWN OF SOUTHOLD
By:
/Joshua Y. Hodon, Supervisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631)765-1889
Landowner
JOSEPH G. MANZI, JR.
IRREVOCABLE TRUST
VILLA AMOROSA, LLC
STATE OF NEWYORK )
COUNTY OF SUFFOLK )
)SS:
On the ~4/ day of August, 2005, before me personally appeared JOSHUA Y.
HORTON, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his capacity as Supervisor of the TOWN OF
SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to
said instrument is such corporate seal; and that by his signature on the instrument, the
individual, or the municipal corporation upon behalf of which the individual acted, executed
the instrument and affixed the seal thereto by like order.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS;
PATRICIA L FALLON
Notary Public, State Of New York
No. 01FA4950146
Qualified In Suffolk County
Commission Expires April
On the ~)x/ day August, 2005, before me personally appeared
/~/~#,~,~ /Y],~/zl , personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity as owner of the subject
premises; and that by his signature on the instrument, the individual, or the persons upon
behalf ~f which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS;
PATRICIA L. FALLOI~I
Notary Public, Stste Of New York
No. 01FA4950146
Qualified In Sul!olk Co~,r1~4
Commission Expires Apm z , c¢.¢'/¢~
On the ¢~/',/ day August, 2005, before me personally appeared
~-,,¢~¢7~/~,'¢ ,4/,¢,~,~-,~,¢o, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity as owner of.the subject
premises; and that by his signature on the instrument, the individual, or the persons upon
behalf of which the individual acted, executed the instrument.
Notary Public
PATRICIA L. FALLON
Notary Public, State Of NewYork
No. 01FA4950146
Qualified In Suffolk County
Commission Expires April 24,
P
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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
(corner 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
To:
From:
Date:
Re:
Supervisor Horton
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Suffolk County Division of Real Estate
Melissa Spiro, Land Preservation Coordinator
August24,2005
JOSEPH G. MANZI~ JR. IRREVOCABLE TRUST and VILLA AMOROSA, LLC
to TOWN OF SOUTHOLD
SCTM #1000-83-2-p/o 9.1
Please be advised that the Town has acquired the development rights on the agricultural farmland listed
below. If you would like any additional information regarding the purchase, please feet free to contact me.
LOCATION:
PROPERTY OWNERS:
PURCHASE DATE:
PURCHASE PRICE:
EASEMENT AREA:
FUNDING:
MISCELLANEOUS:
13945 Oregon Road, Cutchogue
Joseph G. Manzi, Jr. Irrevocable Trust and Villa Amoresa, LLC
Closing took place August 24, 2005
$359,047.50 (based on 14.655 buildable acres @ $24,500/acre)
17.02 acres (includes 2.34 acres subdivision open space and 0.025
acre beach access for residential lots in conservation subdivision)
Community Preservation Funds
This property is part of a conservation subdivision that received final
approved from the Planning Board on June 13, 2005, dividing the 25.79
acre parcel into Parcel 1 (136,244 sq. ff.); Parcel 2 (81,016 sq. ft.);
Parcel 3 (75,738 sq. ft.); Parcel 4 (70,388 sq. ft.); and Parcel 5 (17.02
acres). This property is listed in the Town's Community Preservation
Project Plan.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J, CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
June 14,2005
Ms. Elizabeth A. Neville, Town Clerk
Town of Southold
P.O. Box 1179
Southold, NY 11971
3£PT 0F LAND
PRESERVATION
Re:
Proposed Standard Subdivision of Oregon Landing I
Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue
SCTM#1000-83-2-9.1 Zoning: A-C
Dear Ms. Neville:
The Southold Town Planning Board, at a meeting held on Monday, June 13, 2005,
adopted the following resolutions:
WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2-
9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq.
ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will
equal 17.02 acres which is proposed for a Development Rights Sale to the Town of
Southold; and
WHEREAS, the applicant has entered into a Sale of Development Rights Contract with
the Town of Southold on January 7, 2004; and
WHEREAS, on May 9, 2005, the Planning Board granted conditional final approval on
the plat, dated as revised March 22, 2005, and all conditions have been met; and
WHEREAS, the applicant has submitted the Park and Playground Fee in the amount of
$21,000.00; and
WHEREAS, the applicant has submitted a Suffolk County National Bank Irrevocable
Letter of Credit #050602 in the amount of $164,245.00; and
WHEREAS, the applicant has submitted the Administrative Fee in the amount of
$9,854.70; and
Oregon Landing I - Pa.qe Two - 6/14/05
WHEREAS, the applicant has entered into a contract (#11-03-230-C) with the Suffolk
County Water Authority to install approximately two thousand one hundred twelve
(2112) feet of main on Cox Lane and one thousand eight hundred twenty three (1823)
feet of main on Oregon Road; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board accepts the Suffolk County
National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00
and recommends same to the Town Board; and be it further
RESOLVED, that the Southold Town Planning Board grant final approval on the plat,
last revised on March 22, 2005, and authorize the Chairperson to endorse the plat upon
the satisfaction of the following condition:
1. The approval of the Letter of Credit #050602 by the Town Board.
The mylar maps, when endorsed by the Chairperson, must be picked up at this office
and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty-
two (62) days of the date of final approval shall become null and void.
If you have any questions, please do not hesitate to contact this office.
Very truly yours,
Chairperson
cc: Melissa Spiro, Land Preservation Coordinator
THE SUFFOLK COUNTY NATIONAL BANK
COMMERCIAL LOANS
4 WEST SECOND STREET, RIVERHEAD, NY 11901
PHONE: (631 ) 208-2266
FAX: (631) 727-1399
June 2,2005
Town of Southold
53095 Main Road d[~l - ~ 2005
Southold, NY 11971
Subdivision of Oregon Landing 1
SCTM#1000-83-2-9.1
Irrevocable Letter of Credit No. 050602
Madam and Sirs:
By order and for account of our client Manzi Homes Inc., of 1800 Route 25A, Rocky Point, New York
11971, we hereby issue in your favor our Irrevocable Letter of Credit No. 050602 up to an aggregate
amount of U.S. $164,245.00 effective June 2, 2005.
Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Letter of
Credit No.050602 and accompanied by:
"Beneficiary's signed statement certifying that Manzi Homes, Inc. has failed to complete
improvements to the subdivision known as Oregon Landing 1: SCTM # 1000-83-2-9.1, zoning A-
C, on Oregon Road between Cox's Lane and Bridge Lane in Cutchogue."
Improvements include: "the subdivide of a 25.79 acre parcel into 5 lots where parcel 1 will equal
136,244 sq. ft.; Parcel 2 will equal 81,016 sq. fi.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will
equal 70,383 sq. fi. aud Parcel 5 will equal 17.02 acres which is proposed for a Development
Rights Sale to the Town of Southotd" as per Planning Board letter dated May 9, 2005.
Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Letter of Credit No. 050602
dated June 2, 2005."
It is a condition of the Letter of Credit that it shall be deemed automatically extended without amendment
unless we shall notify you in writing by certified mail at the above listed address ninety (90) days prior to
expiration that we elect not to consider this Letter of Credit renewed for any such additional period. In
such an event the Letter of Credit may be drawn on in the full amount.
We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in
conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County
National Bank, 4 West Second Street, Riverhead, New York 11901.
Address all correspondence regarding this Letter of Credit to The Suffolk County National Bank address
mentioning specifically our Letter of Credit No. 050602.
Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs
and Practice for Documentary Credits (1993 Revision International Chamber of Commerce Publications
No. 590.
/ ,,/' The Suffolk,!Connty National Bank
Senior Vice President
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southo]d, NY
Telephone: 631 765-1938
Fax: 631 765-3136
August14,2007
Mr. Joseph Manzi
c/o Manzi Homes
P.O. Box 702
Rocky Point, NY 11778
ADG 1 5 20O7
DEPT OF [AND'
PRESERVATION
Re:
Conservation Subdivision of Oregon Landing I
Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue
SCTM#1000-83-2-9.1 Zoning: A-C
Dear Mr. Manzi:
The Southold Town Planning Board, at a meeting held on Monday, August 13, 2007,
adopted the following resolutions:
The public hearing was closed.
WHEREAS, this proposal is to amend the filed Declaration of Covenants and
Restrictions that were recorded on June 13, 2005 (Liber 12392, Page 124) in
connection with the Conservation Subdivision of Oregon Landing I; the proposed
amendment will allow a common beach access over Lot 2; and
WHEREAS, this proposal is also to amend the filed Cross Easement that was recorded
on June 13, 2005 (Liber 12392, Page 123) in connection with the Conservation
Subdivision of Oregon Landing I; the proposed amendment will allow a common beach
access over Lot 2; and
WHEREAS, this proposal will also require the filing of an amended subdivision map
which shows the new location of the beach access; and
WHEREAS, the Southold Town Planning Board discussed these proposed
modifications at their Work Session on June 18, 2007 and agreed that said changes to
the Declaration of Covenants and Restrictions requires a public hearing and approval by
majority plus one of the Members of the Board; and
Oregon Landin.q I Pa.qe Two August 14, 2007
WHEREAS, on July 9, 2007 the Southold Town Planning Board, acting under the State
Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), made a determination
that the proposed action is a Type II and not subject to review; and
WHEREAS, on August 2, 2007, the applicant submitted copies of the draft amended
Declaration of Covenants and Restrictions and Cross Easement, which were forwarded
to the Planning Board and the Town Attorney for review; be it therefore
RESOLVED, that the SoU'tfi~!~l'Town Planning Board hereby grants Conditional Final
Approval to the amended; Declaration of Covenants and Restrictions and Cross
Easement, subject to the follbWing conditions:
Submission of the Amen~led Declaration of Covenants and Restrictions and
C(oss Easement containing all of the revisions as required by the Planning Board
and the Town Attorney. Upon approval, the documents must be filed in the
Office of the County Clerk and copies of same submitted to this office.
2. Submission of the revised subdivision map showing the new location of the
common beach access.
This approval is valid for six (6) months from the date of the resolution unless an
extension of time is requested by the applicant and granted by the Planning Board.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Chairperson
Encl.
cc: Melissa Spiro, Land Preservation Coordinator
83 -2-9 1 ~73 Old ~: cti~e
C~: :~ Rock, POint. Ny ~ ~/Zip: :~1!778 -: ~
Sale ::: : Total:.:1 . _ Site 1 of 1 :::h_ Land 0o[ 0
Utlh~t
Bull ~ ~1 0
Exemption : To~d: 0 ' :;:Term n
~peclal Dmstnct ,:;~ :TotaL~ Value/~]
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First Name:
Additionar Address:
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~oBox No S~te:
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Fdibmto. Pe/e~ RollYear: 2007 Cun Y~ Land right~ LandAV: 2.100
TotalAV: 2.100
13945 Oregon Rd Land S~ze:17.02 ac~es
Owne~ To~l: 1 Ta~able Value ~iscellaneous
Name: Pete~ Filibedo Coun~: 2,100 Book: 12494
Addt Addr: ~uni: 2,100 Page: 999
S~reet: 40~54 ~lsl St School: 2,100 ~ortg:
PO Box: ~ Bank:
CitS: ~oodside, NY Zip' 11377- Schl ~er ~r: 2,100 ~cc~ No: 13
Sale To~dl: 2 Si~e 1 ol 1 Land 0 o~ 0
Book P~ge S~leDate S~lePdce Owner Prpcls: Land ~ighls
12494 999 02/20/07 450.000 Filibe[to. Peter Nbhd Ed: 0
12410 944 08,/24105 359.047 To~n ol Southo Sewer
Water:
Utilities:
E~emption Total: 0 Term Own Building Total: 0
Code Amount Year Pct
SpecialDistdct Total: 4 ~alue/ , Improvement Total: 0
Code Units Pct Type M~ve Ta~ rype Name Dim1 Dim2 S~FT Yr Built
FD029 Cutchogue FE .00 _00 .00
PK090 Cutch-New St .00 .00 .00 -
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JOSEPH G. MANZl, JR. IRREVOCABLE TRUST and
VILLA AMOROSA, LLC
to
TOWN OF SOUTOLD
Development Rights Easement
SCTM #1000-83-2~9.3
(f/k/a SCTM #1000-83-2-p/o 9.1)
17.02 acres
13945 Oregon Road
Cutchogue, New York
Closing held on August 24, 2005
View from southeast corner of property along Oregon Road facing northwesterly
November 2005
JOSEPH G MANZI, JR IRREVOCABLE TRUST and
VILLA AMOROSA, LLC
to
TOWN OF SOUTOLD
Development Rights Easement
SCTM #1000-83-2-9.3
(f/k/a SCTM #1000-83-2~p/o 9~ 1)
17~02 acres
13945 Oregon Road
Cutchogue, New York
Closing held on August 24, 2005
View from southeast corner of property along Oregon Road facing northwesterly
November 2005
JOSEPH G. MANZI, JR. IRREVOCABLE TRUST and
VILLA AMOROSA, LLC
to
TOWN OF SOUTOLD
Development Rights Easement
SCTM #1000-83-2-9.3
(f/k/a SCTM #1000-83-2-p/o 9. I )
17.02 acres
13945 Oregon Road
Cutchogue, New York
Closing held on August 24, 2005
View from southwest corner of property along Oregon Road facing northerly
November 2005
JOSEPH G. MANZI, JR. IRREVOCABLE TRUST and
VILLA AMOROSA, LLC
to
TOWN OF SOUTOLD
Development Rights Easement
SCTM #1000-83-2-93
(f/k/a SCTM #1000-83-2-p/o 9.1 )
17~02 acres
13945 Oregon Road
Cutchogue, New York
Closing held on August 24, 2005
View from southwest corner of property along Oregon Road facing northerly
November 2005
2
0
0
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @town.southold.ny.us
Telephone (631 ) 765-571 l
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner 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
November 16, 2007
Mark Ungar
Long Island Natural Farming
13945 Oregon Road
Cutchogue, NY 11935
e-mail: addinquir@aol.com
RE:
Property owned by Peter Filiberto f/k/a Manzi Property
SCTM #1000-83-2-9 3
November 12, 2007 - Request for Barn and Greenhouses on
Property with Town Owned Development Rights Easement
Dear Mr. Ungar:
The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3]
of the Town Code, reviewed the requests you outlined in your November 12, 2007 fax
with sketch, your November 13, 2007 e-mail, and additional information we discussed in
subsequent telephone conversations. The November 12th request replaces the requests
you made in April 2007. Your November 12th fax and November 13th e-mail are attached
for reference. In summary, you requested the following:
· A barn, approximately 45' by 50', located approximately 600 feet north of Oregon
Road and 25 feet east of the westerly border of the property.
The barn includes a cement floor, basement for storage, tractor and equipment
storage area, unheated storage area, heated shop area, small office, bathroom, and
adjacent parking spaces.
You are proposing to attach 4 stalls to the barn, each approximately 10' x 10' in area
to be used for small animals (goats, ducks and sheep.)
Two (2) greenhouses, each 30' x 60' in area for growing vegetables, seedlings,
flowers and processing compost. The greenhouses will be located approximately 20'
south of the barn and 25' east of the westerly border of the property.
The subject property is 17.02 acres and the Development Rights Easement which the
town owns covers the entire area of the property. Section 4.05 (Agricultural Activities) of
the Easement filed on the subject property states that "Grantor shall have the right to
engage in all types of agricultural production as the term is referenced in Section 247 of
the General Municipal Law and/or defined in Chapter 25 (Code changed to Chapter 70)
of the Town Code, provided that such activity shall be conducted in accordance with the
purposes of this Easement. Notwithstanding the definition of agricultural production in
Chapter 25 (Code changed to Chapter 70) of the Town Code, structures shall be
prohibited except as set forth in Section 4.06." Section 4.06 of the Easement reads as
follows:
Allowable Improvements. Grantor shall have the right to erect and maintain
the following improvements on the Property, as may be permitted by the Code
of the Town of Southold and subject to the approval of the Town of Southold
Land Preservation Committee, provided the improvements are consistent with
and do not derogate from or defeat the Purpose of this Easement or other
applicable laws:
(i) Underground facilities used to supply utilities solely for the use and
enjoyment of the Property;
(ii) New construction, provided such structures are necessary for
agricultural production and lot coverage does not exceed two (2)
percent of the Property;
(iii) Renovation, maintenance and repairs to structures built pursuant to
this Section 4.06, provided the existing footprint is not increased and
the primary purpose of the structure remains agricultural production.
At the November 13, 2007, Land Preservation Committee meeting, the Land
Preservation Committee reviewed the proposed uses, structures, and lot coverage for
Mr. Filiberto's property in accordance with the Easement filed on the property and
approved the following:
1) The proposed barn and stalls as described above; and
2) The two proposed greenhouses as described above.
The Committee's approval does not mean that you can proceed with construction. All
improvements are subject to all applicable Town Code requirements. The Committee's
approval of the location and 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.
Any additions or changes to the uses, location, or size of the barn, stalls and
greenhouses must be reviewed and approved by the Land Preservation Committee.
Please feel free to contact me if you have any questions regarding the above.
Sincerely, ~
Land Preservation Coordinator
CC~
Peter Filiberto, Property Owner
Mike Verity, Southold Building Dept.
11/12/2007 11:26 20128@5609 TETERBORO SCHOOL PAGE 01
6551
Spiro, Melissa
nt:
Subject:
ADDInquir@aol.com
Tuesday, November 13, 2007 4:40 PM
Spiro, Melissa
barn and greenhouse use
melissa.spiro@town.southold.ny.us
dear melissa,
the barn will be used to store farm tractors, farm machinery equipment, tools, an office,
a bathroom and a shower, storage area for vegitables.
basement for storage.
connected to the barn will be stalls for small animals like goats, ducks, sheep.
outside of barn will be spaces for parking.
green houses will be used for growing vegitable seedlings, flowers, and processing
compost.
i hope this info is helpful.
please call me if you need any more info mark ungar
917 658 2672<BR><BR><BR>**************************************<BR> See what's new at
http://www.aol.com</HTML>
A
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19345 O6 ion ROa
~ogue
sold to TOwn of Southold On 8/2~/05
2001
19345 oregon Road, CUtchOgue
17;02 acreS,
sold to Town of Southold on 8/24/05
Oregon Landing (Manzi)
SCTM# 83-2-9.1
2001 Aerial
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NOTE: THE P~SENGE OF ON-SI~ IRRI¢ATION
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