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Home My WebLink AboutDickerson, Parker E And Chester M1000-88-1-10.2 (f/k/a 1000-88-1-p/o 10) Baseline Documentation Premises: 680 Jacob's Lane Southold, New York 10.1482 acres Development Rights Easement PARKER E. DICKERSON and CHESTER M. DICKERSON to TOWN OF SOUTHOLD Easement dated March 27, 2003 Recorded April 10, 2003 Suffolk County Clerk - Liber D00012245, Page 632 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area: Reserved Parcel: Zoned: Existing Improvements: 1000-88-1-10.2 (f/k/a 1000-88-1-p/o 10) 680 Jacob's Lane Southold $213,112.20 (10.1482 acres ~ $21,000/acre) Community Preservation Funds (2% land bank) Yes 13.4498 acres 10.1482 easement acres 1.5446 acres 1.7570 acres A-C In December 2002 - Greenhouses in disrepair DESCRIPTION LAND' The subject consists of a parcel of land having a total area of 10.076+ acres. It has irregular boundaries, but an overall generally regular, useable shape. The property has a westerly lot line with a total of 431+' of frontage (in two segments) along the easterly side of Jacob's Lane, a northerly line of 813_+', an easterly line of 586+', and an irregular southerly line totaling 927+'. The .subject also has access to Main Bayview Road via a deeded dght of way easement (21±' wide) over the property abutting it to the south (now~r formedy owned by Donald C. Spates). The subject property has an overall generally level topography and is mostly cleared and in use as farmland. Utilities (water, electric and telephone) are available along Jacobs Lane. Jacobs Lane is a two way, two lane, publicly maintained macadam paved roadway. Land use surrounding the subject is primarily vacant and improved residential properties. The above ~limensions have all been approximated from the Suffolk County ta)~ map and a survey of the property. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion of. GIVEN DESCRIPTION (CONTINUED) IMPROVEMENTS The subject is improved with three small wood frame barns (average condition), one large barn (good condition) and greenhouses which are in poor condition. B. PRESENT USE AND OCCUPANCY The subject is presently in use as farmland and is improved with structures associated with that use. C~ ZONING The subject lies in the A-C Residence zoning district of the Town of Southold. This zone permits primarily a single family residential usage on lots having a minimum size of 80,000 SF. We list below the major requirements of this zone: Zoning District : A-C P R 0 P E R T Y V I S U A L S Tax Map Location ,? SURVEY O~ "DAMON PARM$' ~'O~N OI~ $OUTHOLD SU~'POLK COUN~'Y, N.Y. KEY H4P SC. aZ£, 1 '=6~' 0// I I I I I I I I 1 I I I Showing Subject improvements (Main Barn) Showing Subject improvements ~GIVF, N 57 I I I I I I I ! I I ! I SUSJECT PHOTOGRAPHS View of Subject - Facing Easterly View of Subject - Facing Northeasterly gGIVF, N 58 I I I I I I I 1 ! I ! ! SUBJECT PHOTOGRAPHS Facing Northerly Along Jacob's Lane Facing Southedy Along Jacob's Lane 59 SOU A--C A--C R AA A B ~C D al Zoning Map] E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Dickerson Property 1.._.00 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 Southold, Town of Southold, County of Suffolk, New York. The subject property consists of 10.2 acres of the 13.4 acre parcel of land. The property is located on the east side of Jacob's Lane, approximately 372 feet north of Bayview Road. The property is more particularly described as Suffolk County Tax Map # 1000-88-01-10. The area of the subject property which is the subject of this report consists mainly of farm/vineyard and a small area located in the southeast portion that is occupied by several greenhouses. The 3.2 acres not consisted in this report contain a house, several barns, sheds and abandoned vehicles, a boatcand farm equipment. An irrigation well is located in the central portion of the greenhouse./the majority of the farm field was fallow field at the time of the site inspection. The eastern l:qrtion of the farm field was utilized as a small vineyard and contained several rows of grape vines. Two (2) on-site monitoring wells were present in the farm field area. Refer to Figure 2 for a site map identifying the location of the wells and greenhouses. According to Mr. Parker Dickerson, these wells were installed two to three (2-3) years ago by a "government agency". A private well and a Suffolk County Water Authority (SCWA) well field located to the south and southeast, respectively, were sampled and found to contain elevated concentrations of MTBE. This may be the purpose of the two (2) monitoring wells located on the subject property and indicates local groundwater contamination may be present. A row of farm equipment is located between the farm field and vineyard. The greenhouses were in a deteriorated condition and did not appear to be in use since debris (bicycles, lawn mowers, tractors, etc.) was observed in the greenhouses. A 1,000 gallon above ground fuel oil storage tank is located on the west side of on of the greenhouses. This tank appears to supply two (2) oil- fired boilers located on the east side of the greenhouses. Staining on the ground beneath the tank was visible at the time of the site inspection. Numerous plastic and steel 55 gallon drams were observed in the northern portion of the greenhouses. The use of these drums is unknown, however, hand pumps were observed on three (3) of the steel drams indicating the drums may have contained motor oil. Due to the number of the drums, it could not be determined if any staining had occurred beneath the drums; however, no staining was readily evident around the perimeter of this storage area. Dickerson Property, Southold Phase I ESA An extensive government records search found no potential sources of environmental degradation on the subject property. Sex)eral Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, five (5) active and closed spill incidents located within one-half (0.5) mile of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The soil beneath the 1,000 gallon above ground fuel oil storage tank should be inspected or sampled and analyzed for the presence of volatile and semi-volatile organic compounds. Since the tank is in service thereby preventing removal, sampling may be the only means to determine if release from the bottom of the tank has occurred. If the two (2) groundwater monitoring wells located in the field area and the irrigation well located in the central greenhouse are not in use, the wells shoald be abandoned in accordance with State and local requirements. The drums, farm equipment and debris should be removed from the property and properly disposed of. Once the drams and farm equipment has been removed, a site inspection should be con.ducted to determine if any releases have occurred. If the property is ~o be used for residential purposes in the future, the soils of the farm field and greenhouse areas should be sampled and analyzed for the presence of pesticides lead and arsenic. Page 2 of 25 !? FIGURE 1 LOCATION MAP Dickerson Property, Southold Dickerson Property, Southold Phase I ESA 0 mi 0.5 I 1.5 Source: Precision Mapping 1995-1996 Page 8 of 25 FIGURE 2 SITE MAP Scale: Not to Scale Dickerson Property, Southold Phase I ESA Vineyard Farm Field 55-Gal Drums Out Parcel 1,000-Gal Above~ Storage Tank -Oil Burners NORTH Page 10 of 25 Dickerson Property, Southold Phase I ESA FIGURE 3 GROUNDWATER CONTOUR MAP / 7104.5-,/ .P'53324 322 55606 ,.1 , 3 ~,7234 Source: SCDHS Groundwater Contour Map, 1999 ITT L [,i ~t"r'nNiC BAY NORTH Page 16a o£25 Toxics Targeting 1 Mile Radius Map Dickerson Property Southold, NY 11971 Suffolk County N PUC ERCUS/NYSDEC Inac'dve Hazardous Wasle Disposal Site Hazardous Waste Treater, Storer, Disposer Hazardous Substance Solid Waste WasteDisposal Site [~ Facility ~ Major Oil Storage Facility Roads Ro~ds 1 Mile Radius 1/4 Mile Radius ~ Waterbody Toxics Targeting 1/2 Mile Radius Map Dickerson Properly Southold, NY 11971 Dickerson Pr~p~. MTBE Gasoline (~ Additive Spill Material Spill Minor Roads Maio~ 1/4 Mile Radius Suffolk County ~ Waterbody Distance in Miles Toxics Targeting 1/4 Mile Radius Map Dickerson Properly Southold, NY 11971 Suffolk County Dickerson Property Chemical Storage Facdily Major Ro~ds Generator, Transp, Air Toxics Targeting 1/4 Mile Closeup Map Dickerson Property Southold, NY 11971 NP~CERCLIS/NYSDEC Inactive Storer,H azardous Waste Trealer,Dis~ser ' ~ MTBE G~i~ ~ AddiOve SpiLl ~ Hazardous Substance ~ Facili~ * ~ S[orage FaciliW * Wastewater ~ Discharge *** ~ Civil Enfomement P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 682 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday, November 7~ 2002~ at 7:20 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by Parker and Chester Dickerson.. ~, Said property is identified as SCTM #1000-88-1-10 and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold. The development rights easement comprises approximately 10 acres of the 13.45 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its alp/cultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the 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 HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of thc Town of Southold hereby sets Thursday~ November 7~ 2002~ at 7:20 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hea~ing for the purchase of development rights of agricultural lands for a certain parcel of property owned by Parker and Chester Dickerson. Said property is identified as SCTM #1000-88-l-10 and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold. The development rights easement comprises approximately i0 acres of the 13.45 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptabIe to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre. The proper~ is listed on the Town's Community Preservation Project Plan as prop~nty that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hail, Feather FEll Southold, New York, and may be examined by any inter/.'sted person during bush~ess hours. Dated: October 22, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 31, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Accounting Land Preservation Committee Department of Land Preservation Dickerson Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING November 7, 2002 7:20 P.M. HEARING OF THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF PARKER AND CHESTER DICKERSON~ SCTM #1000-88-1-10. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Councilman Craig A. Richter COUNCILMAN ROMANELLI: I would like to point out that the Dickerson's are here in the audience tonight. COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday~ November 7~ 2002~ at 7:20 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of proper ,ty owned by Parker and Chester Dickerson. Said property is identified as SCTM #1000-88-1-10 and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold. The development rights easement comprises approximately 10 acres of the 13.45 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKHAM: I have before me certification that it has been printed in the Suffolk Times newspaper and that a letter has been posted on the Town Clerk's bulletin board. Public Hearing-Dickerson property 2 11/7/02 MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi again, I guess I don't need to introduce myselfi The Dickerson farm is owned by brothers, Parker Dickerson and Chester Dickerson. It is located on Jacob's Lane, off Main Bayview Road in Southold. Once again, I have the same aerials from 2001. I have two maps showing the property. One is an aerial map, taken in the spring of 2001, and the other is a map that shows the location of the property and other preserved lands in the vicinity of the farm. The Dickerson property is over here and shown in red on that map. The Dickerson's have offered the development rights on approximately 10 acres of the 13.45 acre property. The development rights easement will be in this general area. The areas that are not included in the development rights acquisition include an existing dwelling and an area that will not exceed 2 acres on which there are existing agricultural structures. This area will have the potential for a future residential site. The rest of the land, about 10 acres, is the land on which the development rights will be acquired. The Dickerson's were before the Planning Board for a subdivision of the property into 4 or 5 lots. They recently decided to withdraw the subdivision application and to instead proceed with the set- off of the existing dwelling and the sale of the development rights. The Planning Office, Land Preservation Committee and my office have been working closely with the Dickerson's to expedite the acquisition. The parcel is located within the A-C Agricultural- Conservation Zoning District, and contains prime agricultural soils. The parcel is included on the Town's Community Preservation Plan as one that should be preserved. Mrs. Dickerson prepared a short history of the farm, and I would like to share some of that history with you. Although I have mentioned that the property is located in Southold, it is more specifically located in Bayview, which was first named Hog's Neck because the first settler's let their pigs forage un- penned there. The Dickerson's farm was owned in the early 1900s by Silas Austin Horton Dayton, a descendant of Barnabas Horton, one of the first settlers. After Silas Dayton's death, his sister, Mary Dayton, continued to farm their large parcels of land in town and on Hog's Neck. All of the parcels were farmed for Miss Dayton, and were planted with potatoes and vegetables. Around 1938, Mahlon and Lillian Bergen Dickerson moved to the Dayton property to manage the farm for Miss Dayton. After her death, Mahlon and sons Chester and Parker purchased the farms, and father and sons, and later Chester and Parker fanned these pieces as partners until their retirement. All of the original Dayton land has been sold and developed, leaving only the 13 acre home farm, the subject of tonight's acquistion. The acquisition price is 21,000 dollars per acre, which is approximately two hundred and ten thousand dollars ($210,000) for the 10 acre development rights easement. The value of the purchase is supported by an appraisal. The purchase will be in accordance with Chapter 25, Agricultural Lands Preservation and Chapter 6, the Community Preservation Fund. The funding for the purchase is likely to come from the 2% funding. The Land Preservation Committee is unanimous in recommending this development rights acquisition, as it furthers the town's goals of preservation of farmland and preservation of the rural character of the town. Thank-you. SUPERVISOR HORTON: Would anyone care to address the Town Board on this acquisition? Mr. and Mrs. Dickerson, could you come forward for a minute? I want to say thank-you, I really appreciate Public Hearing-Dickerson property 3 11/7/02 it and I think that you are both to be commended. Thank-you for holding on to the property for so long and not developing it. For realizing its history, its prevalence to the community and then coming to the Town and working with us to come to something of a mutual benefit. Thank-you very much. Is there further comment on this public hearing? We will close this public heating. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 745 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2002: WHEREAS, thc Town Board of the Town of Southold wishes to purchase thc development rights of a certain parcel of property of agricultural lands owned by Parker Dickerson and Chester Dickerson, pursuant to the provisions of Chapter 25 and Chapter 6 of the Code of the Town of Southold. Said property is identified as SCTM# 1000-88-1-10, and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold. The devel,~pment rights easement comprises approximately / 10 acres of the 13.45 acre farm. The exact a~ea of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The pumhase price is $21,000 (twenty-one thousand dollars) per acre; be it RESOLVED that this action is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 ct. Seq.; be it further RESOLVED that the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED 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 PflOJECT LD. HUMBER I ~?.~o SEQR .~ c State Envln~l Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED. AcTIoNs Only 'ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ~. -~'M?~*xm'.A~:x~oR ~ , I 2. mO. JC-~'T,.kUL ' I · 4. P~-C~E LOCATION g~n~et addm~ and mad Htersec~lo~, prominent la~mar~ etc~ o~ pmv~e map) ~'. WI~kT Ili*l~ESt~"if I,,iJ~O ~ IN VlCINIT*I OFPROJEG~'? · 10. IX)ES ACT)ON II~)CYE A PERMIT APPROYAI., ~ FUHDJHG, HOW Of{ ULTIMATELY FROM ~ OTHER GO'/ERNMENTAL AG~ (FEDERAL, STATE O~ LOC/d.)? 11. 12. A~ A I~T O~ ~ ACTIO~ WILL EXI~IINa PEflMITIAI~RO~AL nE(~ll~ I/~0C~ROATIOI~ nye, I ~FY THAT 11'1E INFORMATION I~ID~D AI~:)*~ I~ 11~J~ TO THE BEST OF Idy KNO~E -/r, / If the action is In the Coastal Area, and you are a. state agency, complete the Coastal Assessment Form before proceeding with this assessment- OVER 1 I ,ART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agenoy) INSTRUCTIONS: For each (adverse ®ffecl ideotlfied above, de(e~mlfle whetimf H h substantial, laege, Impoetaflt or othewflse significant. eaoh effe~ .shouk~ ~ In co~necUo, with ~ ia) setting (Le. uroan ~ rural); (~ pm~a~.ty-of.oceumng; .~)'ch~et~n; (a~ i~royer~i~lity;, (e) geographic m~NM; mid (f) magnitude. If neces~a~, add ofl;~hmeflts oi' reference ~upportlng mateeia~. Ensure Ihat explanations contain suffloient deisH to sho~. that adl reiayent ~ Impa~ts have ~ IdenJlfled and adequately addres.t, ed. ff questloet D of Pm1 Il was checir, ed yes,.the de~emdnatien ad~:f s~gnificafloe must eyaltMte ~ potential Impa~t ~ the ~ogosed action en the emflmomental ~ of the CEA. [-~ Check this box If you have identified one o~'more pote~ttinily large or significant adverse impacts'which MAY . _o~cur. Then proceed directly to the FULL EAF and/or prepare a positive de~laraffon. ~_~. eok th. is..box !f ~ hi;~e-deteemlend, based olt tim Inform~tion and analysis .abOve.alii ally supj~rtlng ( oecufnenTatiorl, tf~t tlm'pro~ action WILL NOT resnit In any significant adverse environmental Impacts AND pro,tide on attachments as necessa~, the masons supporting this determination: $tl~atuee e( I~re~ (It difle~eo~ ~ ~ office~) P U R C H A S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 746 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2002: WHEREAS, Parker Dickerson and Chester Dickerson, owners of the property know as SCTM# 1000-88-1-10, located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold, have offered to sell the development rights on approximately 10 acres of the 13.45 acre farm; 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 Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of development rights on the property owned by Parker Dickerson and Chester Dickerson on the 7th day of November 2002, 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, the Town Board deems it in the best public interest that the Town of Southold purchase the Development Rights of these agricultural lands, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by Parker Dickerson and Chester Dickerson, pursuant to the provisions of Chapter 25 and Chapter 6 of the Code of the Town of Southold. Said property is identified as SCTM #1000-88-1-10 and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold. The development rights easement comprises approximately 10 acres of the 13.45 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT PARKER E. DICKERSON and CHESTER M. DICKERSON to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-88-1-10 10.1482 acres @ $21,0001acre 680 Jacob's Lane, Southold, New York Closing held on Thursday, March 27, 2003, at 2:30 p.m. Southold Town Hall, 53095 Route 25, Southold, New York Purchase Price: $ 213,112.20 Payable to Parker E. Dickerson Check #71140 $ 96,056.10 Payable to Chester M. Dickerson Check #71141 $ 96,056.10 Payable to Rudolph H. Bruer, as atty $ 21,000.00 Check #71142 Expenses of Closing: Appraisal Payable to Patrick Given, SRPA Check #69133 $ 1,900.00 Survey Payable to Peconic Surveyors, P.C. Check #71990 (computations & revisions) $ 200.00 Environmental Report Payable to Nelson, Pope & Voorhis Check #70664 $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #67023 Title policy $ 1,271.00 Deed recording $ 135.00 $ 1,406.00 Title Closer Attendance Fee Payable to Patricia Fallon, Esq. Check #71144 $ 50.00 Those present at Closing: Parker E. Dickerson Betsy (Mrs. Parker) Dickerson Chester M. Dickerson Rudolph H. Bruer, Esq. Gregory F. Yakaboski, Esq. Patricia Fallon, Esq. Melissa Spiro John Sepenoski Seller Seller Attorney for Seller Southold Town Attorney Title Company Closer Land Preservation Coordinator Data Processing VENDOR #4098 PARKER E. DICKERSON 03/27/2003 CHECK #71140 FUND/ACCOUNT INVOICE # PO # DESCRIPTION'~ AMOUNT H3.8660.2.600.100 032703 DEVELOPMENT RIGHTS EASEMENT SCTM #1000-88-1-10 10.1482 ACRES 96,056.10 TOTAL **$96,056.10'* ;g TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ~ TOWN OF SOUTHOLD ~ ~.~-~'.¢~¢,~:~, SOUTHOLD, NEW YORK 11971-0959 .o. 0 III VENDOR #4099 FUND/ACCOUNT CHESTER M. DICKERSON INVOICE # PO# 03/27/2003 DESCRIPTION CHECK #71141 AMOUNT H3.8660.2.600.100 032703 DEVELOPMENT RIGHTS EASEMENT SCTM #1000-88-1-10 10.1482 ACRES ;96,056.10 TOTAL **$96,056.10'* j TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NEW YORK 11971-0959 NO. 071142 PAYTO RUDOLPH H. BRUER, AS ATTORNEY THE ROUTE 25-PO BOX 1466 VENDOR #2596 RUDOLPH H. BRUER, AS ATTORNEY 03/27/2003 FUND /ACCOUNT INVOICE # PO # DESCRIPTION AMOUNT H3.8660.2.600.100 032703 DEVELOPMENT RIGHTS DICKERSON TO TOWN OF SOUTHOLD SCTM #1000-88-1-10 TO BE HELD IN ESCROW 21,000.00 TOTAL **$21,000.00'* TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 GIVEN k $ S 0 C I A ~'*E S PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 ° hauppauge, n.y. 11788-0306 (631) 360-3474 · FAX 360-3622 August 5, 2002 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Re: Appraisal of Real Property of Chester M. Dickerson, Located Easterly side of Jacobs Lane, Southold, NY S.C.T.M. #1000-88-1-10 Appraisal #2002231 $1~00.00 9ND nnf|P~ m~il~H lfl/gR/fl? GLI08S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ......................... Use Acti 1/30/2001 1/3D/2001 A .6OB 1/30/2001 1/30/2001 H2 600 ,. 5/08/2001 5/08/2001 H3 600 6/19/2001 6/19/2001 A 600 8/14/20D1 8/14/2001 H3 600 9/25/2001 H1 600 10/D9/2001 H3 600 12/04/2001 H2 600 12/04/2001 H2 600 12/18/2001 H3 600 2/26/2002 H3 600 2/26/2002 H3 600 8/27/2002 H3 600 11/07/2002 H3 600 11/07/2002 H3 600 9/25/2001 :: 10/09/2001 ., 12/04/e001 ,. 12/04/2001 ,, 12/18/2001 2/26/2002 2/26/2002 8/27/2002 :Y: 11/o7/2ooe 11/D?/2002 -- Use Acti act Record(s) or Use Action Code Disbur$ Inquiry by Vendor Name .............. Detail--GLlOON .............. W-11072002-470 Line: 96 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 11/07/2002 SDT 11/07/02 : Trx Amount... 1,900.00 : Description.. APPRAISAL-C.DICKERSON : Vendor Code.. 007416 : Vendor Name.. GIVEN, SRPA/PATRICK A. : Alt Vnd.. : CHECK .... ~... 69133 SCNB : Invoice Code. 2002231 : VOUCHER ...... : P.O. Code .... 09528 : Project Code. : Final Payment F Liquid. : 1099 Flag .... 7 : Fixed Asset.. Y : Date Released 11/07/2002 : Date Cleared. 11/30/2002 : F3=Exit F12=Cancel F21=Image : PECONIC SURVEYORS, P.C. EO. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 MARCH 28, 2003 SOUTHOLD TOWN LPC P.O. BOX 1179 SOUTHOLD, NY' 11971 JOB ~: 02-173 (D) FOR PROFESSIONAL SERVICES RENDERED, COMPUTATIONS and REVISIONS PROPERTY AT SOUTHOLD, NY S.C. TAX #: 1000-88-01-10 FEE: $ . oo .oo /' (DICKERSON) ~S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, Y JE Date Trx.Date Fund Account -- - Use Acti ., 7/31/2001 7/31/2001 H3 .600 8/28/2001 &/28/2001 A .600 iYi 6/03/2003 6/03/2003 H3 .600 .. 12/02/2003 12/02/2003 H3 .600 ., 3/23/2004 3/23/2004 H3 .600 ,. 5/04/2004 5/04/2004 H3 .600 ,, 5/04/2004 5/04/2004 H2 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-06032003-630 Line: 252 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 6/03/2003 SDT 6/02/03 : Trx Amount... EDD.OD Description.. COMPUTATION/REV-DICKERSN : Vendor Code.. 016144 : Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. : CHECK ........ 71990 SCNB : Invoice Code. 0E-173(D) VOUCHER ...... : P.O. Code .... 10643 : Project Code. : Final Payment F Liquid. : 1099 Flag .... N : Fixed Asset.. Y : Date Released 6/03/2003 : Date Cleared. 6/30/2003 : : F3=Exit F12=Cancel F21=Image Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 01114 Project: Dickerson Property Manager: McGim~, Steven VA01057 To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 1585 Invoice Date: January 27, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500.00 Prepare Phase I Environmental Site Assessment Work Performed: 12/5 thru 12/13/02 Contract Amount: $1,500.00 Percent Complete: 100.1)0% Fee Earned: $1,500.00 Prior Fee Billings: $0.00 Current Fee Total: $1.qO0.O0 *** Total Project Invoice Amount $1,500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 2/25/2003 2/25/2003 B .600 2/25/2003 2/25/2003 H15.600 2/25/2003 2/25/2003 H3 .60B 2/25/2003 2/25/2003 A .600 3/11/2003 3/11/2003 H .600 3/11/2003 3/11/2003 B .600 3/11/2003 3/11/2003 B .600 4/08/2003 4/08/2003 A .600 4/22/2003 4/22/2003 B .600 4/22/2003 4/22/2003 B .600 4/22/2003 4/22/2003 H3 .600 4/22/2003 4/22/2003 B .600 5/20/2003 5/20/2003 H3 .600 ,~5/20/2003 5/20/2003 H3 .600 ,$5/20/2003 5/20/2003 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detai1--GL10BN .............. W-02252003-558 Line: 347 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. 70664 SCNB 1585 10266 2/25/2003 SDT 2/27/03 1,500.00 ESA-1-DICKERSON-88-1-10 014161 NELSON, POPE & VOORHIS, Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 2/25/2003 Date Cleared. 2/28/2003 F3=Exit F12=Cance! F21=Image COMMONIVEALTH LAND TITLE INDURANCE COMPANY 185 Old Country Road, P. O. Box 419, Riverhead~ New York 11901 631-727-7760 fox 631-727-7818 MORTGAGE ~S~CE ~GE P~M MORTGAGE T~ MORTGAGE T~ ~o~r) S~Y ~SPE~ION ~OW DE~S~ FEE ~U~ SE~CH ( ) SAT~SF~O~(~ ( ) MORTGAG~ ( ) ~N~L~AT1ON, ~TENSION & MOD~CATIO~ AG~EME~(~ ( ) MORTGAGE ~F~A~(S) ( ) ~s~(s) CLOSER CHARGE~, IF ANY: PICK-UP FEE PATRICIA L. FALLON TITLE CLOSER TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NEW YORK 11971-0959 No. 071143 PAY TO LANDAMERI CA* COMMONWEALTH THE ORDER '185 OLD COUNTRY ROAD o~ VENDOR #3350 fFUND/ACCOUNT LANDAMERICA*COMMONWEALTH 03/27/2003 INVOICE # PO # DESCRIPTION CHECK #71143 AMOUNT H3.8660.2.600.100 032703 DEVELOPMENT RIGHTS DICKERSON TO TOWN OF SOUTHOLD SCTM #1000-88-1-10 FEE INStrRANCE RECORDING OF DEED TOTAL 1,271.00 135.00 **$1,406.00'* TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-09§9 TOWN OF SOUTHOLD ~°~ 53095 MAiN ROAD SOUTHOLD NEW YORK 11971-0959 .o. 0 7114 4 Off' VENDOR #6013 PATRICIA FALLON 03/27/2003 CHECK #71144 FUND/~CCOUNT INVOICE # PO # DESCRIPTION AMOUNT H3.8660.2.600~100 032703 DEVELOPMENT RIGHTS DICKERSON TO TOWN OF SOUTHOLD SCTM #1000-88-1-10 CLOSER FEE 50.00 TOTAL **50.00** TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: DEEDS/DDD N~m~er of Pages: 9 TRANSFER TAX NUMBER: 02-35113 District: 1000 Deed Amount: Section: Block: 088.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $213,112.20 Received the Following Fees For Above Instrument Exempt Page/Filing $27.00 NO Handling COE $5.00 NO NYS SURCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 02-35113 THIS PAGE IS Recorded: At: LIBER: PAGE: Lot: 010.000 $5.00 $15.00 $25.00 $0.00 $0.00 $0.00 $117.00 A PART OF THE INSTRUMENT 04/10/2003 03:56:42 PM D00012245 632 Exempt NO NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County NumberdFpages (~ TORRENS Serial# Certificate # Prior CtE# Deed / Mortgage lnstrament Deed / Mortgage Tax Stamp RECORPED 2005 flpr 10 05:56:42 Edward P.Romaine CLERK OF SUFFOLK COUNTY L D000!2245 P 632 DT# 02-35113 Recording / Filing Stamps FEES Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) Comm. of ~Ed Sub Total 500 SubTotal GRAND TOTAl. / / ? - 5 I ' Real Proper~ Tax Service Agency Verification Dist. I Section I Block I Lot Stamp 03013825 xooo OBBOO oloo oloooo j Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. I Basic Tax 2. Additional Tax Sub Total Spec./Ass g. Or Spec./Add. TOT. MTG. TAX Dual Town _ Dual County- Held for Apportionment -- Transfer Tax ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause o~ page # of this instrument. 6 Community Preservation Fund Consideration Amount $ CPF Tax Due $ reproved /acant Land TD TD TD Title Company Information I Title # 3~/g~r~ ,.Z o* qg,~2~ Suffolk Co ty Recor ng & Endorsement Page ~s~gefom~ofthea~h~ ~ O~ ~~2~ madeby: (SP~FY ~E OF ~S~ ) ~e pre~ses herein is si~ted in ~eS~ ~. ~cod S~OLKCOU~,~WYO~ TO In the %~fip of ~ ~M dF ~ In ~e VILLAGE or ~ET of ~a~ BO~ 5 ~U 9 ~ST BE ~ OR P~D ~ B~CK ~ O~Y P~OR ~ ~G OR FIL~G. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 27th day of March, 2003, BETWEEN PARKER E. DICKERSON, residing at 1485 Mill Creek Drive, Southold, New York 11971, and CHESTER M. DICKERSON, residing at 155 Mountain View Manor, Toni~on, Connecticut 06790, parties of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road (Route 25), Southold, Town of Southold, County of Suffolk and State of New York, party of the second part; W1TNESSETH, that the party of the first part, in consideration of TWO HUNDRED THIRTEEN THOUSAND ONE HUNDRED TWELVE AND 20/100 ($213,112.20) DOLLARS lawful moncy of the United States mid other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Mtmicipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Jacob's Lane a distance of 397.21 feet northerly from the comer formed by the easterly side of Jacob's Lane and the northerly side of Main Bayview Road; RUNNING THENCE along the easterly side of Jacob's Lane north 27 degrees 26 minutes 00 seconds east 164.16 feet to land now or formerly of Zampini; RUNNING THENCE along land now or formerly of Zampini the following three (3) courses and distances: 1. south 61 degrees 22 minutes 00 seconds east, 138.65 feet; 2. north 27 degrees 26 minutes 00 seconds east, 71.00 feet; north 61 degrees 22 minutes 00 seconds west, 138.65 feet to the easterly side of Jacob's Lane; RUNNING THENCE along the easterly side of Jacob's Lane north 27 degrees 26 minutes 00 seconds east, 257.07 feet to Lot 28 on land known as "Map of Leeward Acres", Suffolk County, Map No. 5599; RUNNING THENCE along Lots 28, 29 & 30 as shown on the aforementioned map south 59 degrees 53 minutes 10 seconds east, 545.50 feet to a point which is on the easterly side of Lot 30 as shown on the aforementioned map; RUNNING THENCE along the easterly side of Lot 30 south 62 degrees 28 minutes 40 seconds east, 36.16 feet to a point; RUNNING THENCE along the easterly side of said Lot 30 north 34 degrees 47 minutes 00 seconds cast, 391.53 feet to a monument located along the southerly side of Leeward Drive; RUNNING THENCE along the southerly side of Leeward Drive and the area known as "Park and Recreation", as shown on the aforementioned map south 68 degrees 56 minutes 20 seconds east, 180.19 feet to a monument and land now or formerly of Mack; RUNNING THENCE along land now or formerly of Mack south 27 degrees 11 minutes 20 seconds west, 982.35 feet to land now or formerly of Spates; RUNNING THENCE along the land now or formerly of Spates north 65 degrees 13 minutes 50 seconds west, 146.47 feet to a point; 2 THENCE through lands of the party of the first part the following six (6) courses and distances: 1. 2. 3. 4. 5. 6. North 27 degrees 11 minutes 20 seconds East, 183.57 feet; North 63 degrees 01 minutes 20 seconds West, 125.14 feet; North 26 degrees 58 minutes 40 seconds East, 106.23 feet; North 63 degrees 01 minutes 20 seconds West, 140.00 feet; South 26 degrees 58 minutes 40 seconds West, 178.02 feet; North 61 degrees 55 minutes 20 seconds West, 402.78 feet to the easterly side of Jacob's Lane and the point or place of BEGINNING. The word "premises" as used herein and in the Development Rights Purchase Agreement shall mean the above-described property. If there is no such described property, then it shall mean that part of Lot No. 2 as shown on said map and known as "Preserved Area, Area = 10; ~ 482 Acres". TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and ali the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the tirst part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the par}/~of the first part, to use the premises on and after the date of this instrument solely fbr the purpose of agricultural production. AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands actually used in bona fide agricultural production as defined in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. 4 THE party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any la~vs replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. NOTHiNG contained herein shall prohibit the sale of the underlying fee or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. 5 THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. THE following shall be a covenant running with the land in perpetuity: If the area described in this deed is not actively farmed for any given year, the owner shall mow, at least once in the calendar year, the area described in the deed, the property not actively farmed prior to September 1st of that year. If the owner has not mowed the property by September 1st or actively farmed the property that same year, the Town shall have the right to access the property and mow the area described in the deed, the cost of said mowing to be paid by the owner of the property. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller~: Parker E. Dickerson Purchaser: Town of Southold By: J~~r 7 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 27th day of March, 2003, before me personally appeared PARKER E. DICKERSON, 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 and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Notary Public, State Of NeW ~ No. 01FA4950148 Qualified In Suffolk County ~_q Oommlssion Expires April 24, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 27th day of March, 2003, before me personally appeared CHESTER M. DICKERSON, 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 and that by his signature on the instrument, the individual, or the person upon behalf qi~ which the individual acted, executed the instrument. / Notary Public pATRICIA L. FALLON N~Y Publio, State Of New Y~ No. 01 FA4950146 Qualified In Suffolk Oount~/ STATE OF NEW YORK ) Commission Expires April 24, ~J~ )SS: COUNTY OF SUFFOLK ) On the 27th day of March, 2003, 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, and that by his signature on the instnLment, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public ~ - MELANIE DOROSKI NOTARY PUBLIC.State of New Yolk No, 01D04634870 Ouallfied in Suffolk County Gommi~ ~ September ~O,~a, CLDC~ 8 T I T L E P 0 L I C Y ISSHED BY COMMONe6rf~LTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Commonwealth SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as in~ured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to bdcome valid when countersigned by an authorized officer or agent of the Company. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary President / EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from tile coverage of this policy and the Coulpany will not pay loss or damage, costs, !),<torneys' fees or expenses which arise by reason of: 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or {iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by {a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; CO) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured elint had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or Co) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: {i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM I PA10 ALTA Owner's Policy (10/17/92) Valid only if Schedules A and B and Cover are attached Face Page ) NU,'12U ~ ~', File No,.' RH80023462 SCHEDULE A L_andAmerica commonwealth Amount of Znsurance; $213,112.20 Date of Policy: March :~7, 2003 1, Name of Insured; Policy No,; RHS0023452 THE TOWN OF SOUTHOLD The estate or interest in the land which is covered by this policy is-' Development Right Title to the estat~ or interest in the land is vest~J in; THE TOWN OF SOUTHOLD By deed made by PARKER E. DZCKERSON and CHESTER H. DZCKERSON to the INSURED dated Hatch 27, 2003 and to be recorded in the Office of the Clerk/RegiSter of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned Authorized Officer or Agent Fee Policy Insert MA.R. 27, 2003 3:42.PM CL IC RIVERHEAD ) N0..120 - P, 3/3 File No..' RH80023462 SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGiNNiNG at a point on the easterly side of.lacab's Lane a distance of 397.2t feet northerly from the comer formed by the easterly side of Jacob's Lane and the northerly side of Main Bayvlew Road; RUNNING THENCE along the easterly side of-lacob's Lane north 27 degrees 26 minutes 00 seconds east, 164.16 feet to land now or formerly of ZampinJ; RUNNING THENCE along land now or formeHy of Zampini the following three (3) coumes and distances.' 1, south 61 degrees 22 minutes 00 seconds east, 138.65 feet; 2. north 27 degrees 26 minutes 00 seconds east, 71.00 feet; 3, north 61 degrees 22 minutes 00 seconds west, 138.65 feet to the easterly side of 3acob's Lane; RUNNING THENCE along the easterly side of 3acob's Lane north 27 degrees 26 minutes 00 seconds east, 257.07 feet to LOt 28 on land known as "Map of Leeward Acres", Suffolk County~ Hap No. 5599; RUNN~[NG THENCE along Lo~ 28, 29 and 30 as shown on the afo~emenUoned map south 59 degrees 53 minutes 10 seconds eest~ $45.50 feet to a point which is on the eestedy side of Lot 30 as shown on the eforemenUoned map; RUNNING THENCE along the eastedy side of Lot 30 south 62 degrees 28 minutes 40 seconds east, 36.16 feet to · polnt~ RUNNING THENCE along the easterly sid~ of said Lot 30 north 34 degrees 47 minutes 00 seconds east, 391.53 feet to a monument located alo!ig the southerly side of Leeward Drive; RUNNING 'rflENCE along the southerly side of Leeward Drive and the area known as "Park end Recreation", as shown on the aforementioned map south 68 degrees 56 minutes 20 seconds east, 180.~.9 feet to a monument and land now or formerly of Hack; RUNNING THENCE along land now or formally of Hack south 27 degrees 1L minutes 20 seconds west, 982.3~ feet to land now or formerly of Spates; RUNNING THENCE along the land now or formerly of Spates north 65 degrees ~.3 minutes 50 seconds west, ~-46.47 feet to · point; THENCE threugh lands of the party of the first part the following six (6) courses and distances: 2. North 27 degrees 11 minutes 20 seconds east, [83.57 feet; 2, North 63 degrees 01 minutes 20 seconds West, 125.14 feet; 3. No~h 26 degrees 58 minutes 40 seconds East, 106.23 feet; 4. North 63 degrees 01 minutes 20 seconds West, 140.00 feet; 5, South 26 degrees 58 minutes 40 seconds West, 178.02 feet; 6, North 61 · side of .laceb's Ladn:grees 55 minutes 20 seconds West, 402.78 feet to the easterly and the point or place of BEGINNING, Fee Policy Tnsert MAL27.2003 3:282M CIT C RIVERHEAD SCHEDULE B Exceptions from Coverage N0,.114 ' P, File No.' RH80023462 This policy does net insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of tt~e following: 1. Righ~ of tenants or persons in possession. Driveway Reservation & Utili[Y Reservation recited in Deed recorded in Liber 4483 page 268. Corrected by Deed recorded in LIber 4862 page 587, 3. Commitment of Land tO Continued AgriculLural Production recorded in Liber 8241 page 386, Commitment of Land to Continued Agricultural Production recorded in Liber 8426 page 204, Commitment of Land to Continued Agricultural Production recorded in Liber 8626 page 91. Commitmerlt of Land tO Continued Agricultural Production recorded in Llber 8826 page 89, Commitment of Land to Continued Agricultural Producfioll recorded in IJber 9000 page 3S0. Commitment of Land to Continued Agricultural Production recorded in Uber 9~.8~ page S42. Commitment of Land to Continued Agricultural Production recorded In Uber 9347 page 427, Commitment of Land to Continued Agricultural Production recorded in Uber 9566 page 44. Commitment of Land to Continued Agricultural Production recorded in Liber 9795 page 457. Commitment of Land to Continued Agricultural Production recorded in-Llber L0035 page 597. 4. Survey made by Peconic Surveyors~ P. C. last dated 12/15/02 shows greenhouses~ in disrepair; a)Twenty (20) foot wide fight of way with dirt and gravel read that traverses same leading onto removed area and onto adjoining premises South; b)Varlations between fence and South line. No other variations shown. 5. 2002~/03 Town and School taxes, 2"d I/~. Fee Policy File No.: RH80023462 LandAmerica Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POLI'CY) ATTACHED TO AND HADE A PART OF POLICY NO. RH80023462 ISSUED BY COMMONWEALTH LAND TI'TLE i'NSURANCE COF4PANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: March 27, 2003 Issued at: Commonwealth Land Title Insurance Company 185 Old Country Road, PO Box 419 Suite 2 Riverhead, NY 11901 By. Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQZ0037NY (07/00) 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": thc insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs. tributees, devisees, survivors, personal representatives, next of kin, or po[ate or fiduciary successors. b) 'insured claimant": an insured claiming loss or damage= (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by'reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A. and improvements affixed thereto which by law constitute real ~rty. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right . title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (0 *'public records": records established under state statutes at Date of Policy for thc purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a) {iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in thc records of the clerk of the United States dislrict court for the district in which the land is located. (gl "unmarketability of thc title": an alleged or apparent matter affecting thc title to thc land, not excluded or excepted from coverage, which would entitle a pumhaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. Thc coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in die land, or holds an indebledness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the ured in any transfer or conveyance of the estate or interest. This policy not continue in force in favor of any purchaser from the insured of (i) an estate or interest in the land. or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO RE GIVEN BY INSURED CLAIMANT. The insured shall nodfy Ibe Company promptly in wriling 6) in case of any litigalion as set forth in Section 4(al below~ (iii in case knowledge shall come to an insured hereunder of any claim of lille or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interesL as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to thc insured all liability of Ibe Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure Io notify thc Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to thc extent of Ihe prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (al Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, lhe Company, at its own cost and without unreasonable de]ay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title' or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the righl of the insured to object for reasonable cause) to represent thc insured as to those stated causes of action and shall · not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees. costs or expenses incurred by the insured in the defense of those causes of action which allege matters not ~nsured against by this policy. (b) The Company shall have the right, at its own cost, to mstitute and ~.~9¥cute any action or proceeding or lo do any other act which in its ~ion may be necessary or desirable to establish the title to the estate or l~rest, as insured, or to prevent or reduce loss or damage to the insured. · ne Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its righls under this paragraph, it shall do so diligently. B 1190-1A (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, thc Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceedmg, thc insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, thc name of the insured for this purpose. Whenever requested by thc Company, the insured, at thc Company's expense, shall give the Company all reasonable aid (il in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending thc action or proceeding, or cffecting settlement, and (ii) in any other lawful act which in thc opinion of thc Company may be necessary or desirable to establish thc title to the estate or interest as insured. If the Company is prcjediced by thc failure of the insured to furnish the required cooperation, thc Company's obligations to thc insured under thc policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to thc matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after thc notices required under Section 3 of these Conditions and Stipulations have been provided thc Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to thc Company within 90 days after the insured claimant shall ascertain thc facts giving rise to the loss or damage. Thc proof of loss or damage shall describe thc defect in. or lien or encumbrance on thc title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to thc extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, thc Company's obligations to the insured under the policy shall terminate, includinl~ any liability or obligation to defend, prosecute or continue any litigauon, with regard to the matter or matters requiring such proof of loss or damage. In addition, thc insured claimant may reasonably be required to submil to examination under oath by any authorized representative of thc Company and shall produce for examination, inspection and copying, at such reasonabfe 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 afler Date of Policy, which reasonably pertain to Ibc loss or damage. Further, if requested by any authorized reprcsentalive of the Company , thc insured claimant shall grant its permission, in writing, for any authorized represcntalive of lhe Company to examine . inspect and copy all records. books, ledgers, checks, correspondence and memoranda in Ibe custody or control of a third party, which reasonably pertain to lhe loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administralion of thc claim. Failure of the insured claimant Io submit for examination under oath. produce other reasonably requested information or grant permission Io secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of thc Company under Ihis policy as to Ihat claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: {alTo Pay or Tender Payment of the Amount of Insurance, To pay or tender paymenl of thc amount of insurance under this policy together with any costs, attorneys' lees and expenses incurred by the insured claimant, which were authorized by the Company, up to thc time of paymant or tender of payment and which the Company is obliga- ted to.pay, Upon the exercise by the Company of this option, all liability and obligations Io 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 litigauon, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Olher than the Insured or With the Insured Claimant. (il to pay or otherwise seltle with other parties for or in lhe name of an insured claimant any claim insured against under Ihis policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy. Iogelher wilh any costs, allorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii). the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shah terminate, including any liability or obligalion to defend, prosecute or continue any litigation. C~.litions and Stipulations Continued Inside Cover CONTROL NO. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by ~ason of matters insured against by this policy and only to the extent herein ~escribed. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subiect to the defect, lien or encumbrance insured against by this policy. (b) ~n the event the Amount of insurance stated in Schedule A at the Date of Po icy s ess than 80 percent of the va ueo the nsured es a e or interes or he full consideration paid for the land, whichever is less, or il subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by al least 20 percent over Ihs Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay Ihs loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial less, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A beam to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions aed Stipulations. 8. APPORTIONMENT. If the lahd described in Schedule A consists of two or more pamels which are not used as a single site, and a loss is established affecting one or mom of the parcels but not all, the loss shall be computed and settled on a pm rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has i~therwise been agreed upon as to each parcel by the Company and the insured at ~Fthe time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) if the Company establishes th!'.'tdle, or removes the alleged detect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, incloding litigation and the completion of any appeals therefrom, it shall have fully pedormed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the pdor written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. MABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is heraaffer executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this pctioy for endorsement of the payment unless the policy has been lost or destroyed, in Which case proof of loss or destruntion shall be furnished to the satisfaction of the O Com :;,y. When and tbs extent of loss or damage bas b.n def,n,e,y fixed in accordance with these conditions and Stipulations, the loss or damage shall be payable withtn 30 days thereafter. CONDITIONS AND STIPULATIONS ~ (Continued) 13. SUBROGATION UPON PAYMENT OR SE'I-FLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under thi policy, all right of subrogation shall vesl in the Company unaffected by any act the insured claimant, The Company shall be subrogated to and be entitled to all rights an remedies which the insured claimant would have had against any person property in respect to the claim had this policy not been issued. If requested the Company, the insured claimant shall transfer to the Company all rights an remedies against any person or property necessary in order to perfect this right subrogation, The insured claimant shall permit the Company to sue, compromis or settle in the name of the insured claimant and to use the name of the insure claimant in any transaction or litigation involving Ihese rights or remedies, If a payment on account of a claim does not fully cover the loss of th insured claimant, the Company shall be subrogated to these rights and remedie in the proportion which the company's payment bears to the whole amount of th loss. If loss should result from any act of the insured claimant, as stated abow that act shall not void this policy, but the Company, in that event, shall be require to pay only that part of any losses insured against by this policy which sba exceed the amount, it any, lost to the Company by reason ef the impairment b the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's dght of subrogation against non-insured obligors shall exi: and shall include, without limitation, the rights of the insured to indemnitie~ guaranties, other policies of insurance or bonds, notwithstanding any terms conditions contained in those instruments which provide for subrogation dghta reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured m~ demand arbitration pursuant to the Title Insurance Arbitration Rules of th American Arbitration Association. Arbitrable matters may include, but are limited to, any controversy or claim between the Compony and the insured arisin out of or relating to Ihis policy, any service of the Company in connection with issuance or the breach of a policy provision or other obligation. All arbitrabl matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated the option of either the Company or the insured. All arbitrable matters when th Amount of Insurance is in excess of $1,000,000 shall be arbitrated only whe agreed to by both the Company and the insured. Arbitration pursuant to this polio and under the Rules in effect on the date the demand for arbitration is made or, the option of the insured, the Rules in effect al Date of Policy shall be bindin upon the parties. The award may include attorneys' fees only if the laws of th state in which the land is located permit a court to award attorneys' fees to prevailing party. Judgment upon the award rendered by the Arbitrator(s) may b entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Titl Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POECY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, it any, attached hereto the Company is the entire policy and contract between the insured and th Company. In interpreting any provision of this policy, this policy shall b construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, an Which adses out of the status of the title to the estate or interest covered hereby by any action asserting such claim, shall be restricted to this policy. (c) NO amendment of or endorsement to this policy can be made except a writing endorsed hereon or attached hereto signed by either the President, Vice President, the Secretary, an Assistant Secretary, or validating officer authodzed signatory of the Company. 16. SEVERABIMTY. In the event any provision of the policy is held invalid or unenfomeable und( applicable~r-etw, the policy shall be deemed not to include that prevision and s other previsions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any slaternent ir~ writin required to be furnished the Company shall include the number of this policy an shall be addressed to: consumer Affairs Department, P.O. Box 27567, Richrnom Virginia 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schequles A and B are attache NEW YORK OFFICES NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212) 983-8430 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853-6800 FAX: (716) 853-6806 GARDEN CITY 1325 Franklin Ava. Suite t60A Garden City, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 634-7070 FAX: (845) 634-8513 RIVERHEAD 177 Old CountPJ Road Riverhead, New York 11901 (631)727-7760 FAX: (631) 727-7818 ISLANDIA 1777-6 Veterans Memorial Hwy Islandia, New York 11722 (631) 232-3503 F,~(: (631) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) ~49-0002 FAX: (914) ~49-0t80 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 OWNER'S POLICY OF TITLE INSURAN (10/17/92) AMERICAN LAND Trr~ Assoc.'noN Issum BY Cotataot,nw~k~ L~D Trr~ l~su~c~ Co~n~ Commonwealth 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 B 1190-3 A WORD OF THANKS ..... As we make your policy a par~ of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land T'~le Insurance Company. There is no recking premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land 'rdJe Insurance Company P,O. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owners of 10.1482 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County~ax Map No. 1000-88-1-10, that is proposed to be ~'~ acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive our rights 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: o S~up~isor Southold, NY 11971-0959 (631) 765-1889 Landowners Parker E. Dickerson 1485 Mill Creek Drive Southold, NY 11971 Chester M. 155 Mountain View Manor Torrinton, CT 06790 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )ss: On the 27th day of March, 2003, 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 MELANIE DOR0SKI NOTARY PUBUC, S~e of Hew ~ No. 01D04634870 Qualified in Suffolk CountY Cemm{s~n Ex~lrms $~ptembar 30,, STATE OF NEW YORK COUNTY OF SUFFOLK )SS: On the 27th day of March, 2003, before me personally appeared PARKER E. DICKERSON, 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 an 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 Notmy.P. ubllc, State Of New Yo~ No. 01FA4950148 Qualified In Suffo k County Commluion F.v, plre~ April 1~4, c~--~.~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 27th day of March, 2003, before me personally appeared CHESTER M. DICKERSON, 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 an 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, Stats Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, ~ P R O P E R T Y R E C O R D S TO: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing John Cushman FROM: Melissa Spiro, Land Preservation Coordinator Farmland Development Rights .Easement Acquisition Dickerson Property SCTM# 1000-88-1-10 DATE: April 9, 2003 Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISC: SCTM# 1000-88-1-10 Parker E. Dickerson and Chester M. Dickerson Town closed on development rights easement on 3/27/03. $213,112.20 ($21,000 per acre) 10.1482 acres The easement was acquired with Community Preservation (2%) funds. The development rights were purchased on 10.1482 acres of the 13.4498 acre parcel. The Dickerson's are before the Planning Board for approval of a Set-off (Dayton Farms). Once Planning Board approval is obtained, the result will be: Lot 1: 1.7570 acre lot with the existing house. Lot 2:11.69 acre lot with 10.15development rights easement and 1.55 acre reserved area. The attached survey shows the location of the pending set-off. Encl. LOT E~ c~ ~o ! c~ PRESERVED AREA / AREA=lO, 1482 ACRES ~_~E~_ OF PROPOSED CONVEYANCE ~F A / .... Q~LOPMEN~ RI~ EA~M~T ~ ~E f ~ESERVED PARCEl ACRES o JO' 473889 SOUTHOLD 88.-1-10 680 JACOBS LA OWNER & MAILING INFO ===I=MISC ~KERSON CHESTER M & ANO RS-SS MOUNTAIN VIEW MANOR 1 TORRINGTON CT 06790 BANK NYSRPS ASSESSMENT INQUIRY DATE : 07/09/2004 SCHOOL SOUTHOLD SCHOOL ROLL SEC TAXABLE PRCLS 120 FIELD CROPS TOTAL RES SITE TOTAL COM SITE INACTIVE ACCT NO 10 I======== ====== ASSESSMENT DATA =========== ~ **CURRENT** RES PERCENT NLAND 3,400 **TAXABLE** ~TOTAL 10,400 COUNTY 0 **PRIOR** TOWN 0 ~LAND 3,400 SCHOOL 0 ~TOTAL 10,400 ==DIMENSIONS ===N======= SALES INFORMATION ================================== ACRES 13.40 NBOOK 2 SALE DATE 00/00/00 NPAGE 00048 PR OWNER =======TOTAL EXEMPTIONS 0 =============~== TOTAL SPECIAL DISTRICTS 3 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE NFD028 ~WW020 NSW011 Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. · Ch~.rman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 October 15, 2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Chester & Parker Dickerson 1485 Mill Creek DriVe Southold, NY 11971 Re: Proposed Set-Off of Dayton Farms Located 372' northeast of Main Bayview Rd., southeast of Jacob's La., in Southold SCTM~1000-88-1.10 Zoning District: A-C Dear Gentlemen: The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003, adopted the following resolution: WHEREAS, the applicant proposed to set off a 1.75 acre improved lot (#1) from a 13.44 acre parcel (#2) with agricultural buildings, located within the A-C Zoning District, in Southold; and WHEREAS, the appliCant has sold Development Rights to the Town of Southold on 10.14 acres of Lot 2, exclusive of a 1.54 reserved area (building envelope) which currently encompasses agricultural support buildings; and WHEREAS, all conditions of conditional final approval have been met; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as revised April 17, 2003, and authorize the Chairman to endorse the maps. Enclosed please find a copy of the map that was endorsed by the Chain-nan. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ Chairman encl. CC: Land Preservation Coordinator Tax Assessors Z, ~. File View Toolbat rlC4D 88.-1-10.2 473889 Southold ActiYe R/S:1 Scbool: Southold Schoo Dickefson. Bet~e~ RollYear: [~00~ IEuf~ Y~ Land ~ight~ Land~/: 1.300 680 Jacobs kn LarM Size: lO 15 ac~es TotalAV: 1.300 Taxable Value Miscellaneous O~ne~ Total: 1 County: 1.300 Book: 12432 ~'~ ama: Betse~ Dicke~son AddlAdd~: Muni, 1.300 PaCe: 801 Street. 403 Jacobs kn Schooi. 1.300 Mortg: PO B~x: Bank: El(y: Southold. NY Zip: 1197~- Schlaaer~ar. 1.300 AcctNo: 10 Bale Tea 3 Site1 of 1 Land 0o10 9eel Pa~e Sale Date Sale Price O,/¢f~ef Prpcb: [and ~ishts 12432 801 10125105 1 Dicker~oa. Bet~ Nb~d Cd:O 12245 632 03t21t03 213.112 Dickef~on, Ches %Vater; Utilities: Eaemption Total: 0 Tern Oen Building Total: 0 Code Amount Year Pct Spec ~1 Distlist Total: ~ , ValUe/a Improvement Total: 0 C~de ~Mt~ 'P~ ;YPe Mo~a~ Ty~e Hame Dm1 Dm2 S~F~ Y But ED028 Southold FD ; OO ;00 ;00 S~011 So d~a~te .00: ;lO0 :00 v Double click to oeen a WlndO~.~' ~ 1 '~ / COUNTY OF SUFFOLK ~ ~ ......,.l__~,, I ~ SOUTHOLD SECTION NO Re~ Pr~erty Tax ~rvice Age~y 0 8 8 Parker Eugene Dickerson Parker Eugene Dickerson, a life- long Southold resident, died April 27 at Eastern Lon. g Island Hospital. He turned 84 on April 23. Born at East- ern Long Island Hospital on April 23, 1925, to Mahlon and Lillian (Bergen). Dickerson, Park- er grew up in the Bayview area of Southold. He graduated from PARKER ~ DICKERSO~I Southold High School in 1943. Af- ter attending Miami University for one year, he returned to Southold to work on the family farm. Parker married Betsey McDonnell on Feb. 6, 1955. He continued farm-. ing as co-owner of Dickerson Bros.- Farm with his brother, Chester, un- til their retirement in 1986. He and Betsey moved back to the Bayview farm in 2005. Over the years. Parker's communi- ty involvement took many forms. He was a lifelong member of Southold United Methodist Church, where he sang in the choir for many years. He served on the Southold school board from 1975 to 1980. He was a commit- teeman for the Agricultural Stabiliza- tion and Conservation Service, served as a Southold Park District commis- sioner and as an assistant Boy Scout leader with Southold Troop 6. Parker was a descendant of Phi- lemon Dickerson, one of Southold Paid Town's first settlers. In 1989, Parker and his brother donated the Old Bay View Schoolhouse, which had served as their machine shop for many years, to the Southold His- torical Society. It was moved to the museum grounds and opened to the public in luly 1990 for Southold Town's 350th anniversary. He sang with the North Fork Cho- rale, and was an accomplished bowl- er, bowling with the Southold Men's . League for more than 50 years, and later with the Southold Seniors. He took pleasure in reading, sing- ing, boating and waterskiing. He loved to tell the story of the motor- cycle- trip to Florida he.~his brother and cousin Halsey Goldsmith took after World War II ended. Parker could find enjoyment in just about everything, particularly his many friends and acquaintances and, most of all, his family. Besides his wife, he is survived by his children, Howard Dickerson. Nancy Dickerson and Lauren'Sis- son; grandchildren lacob and Lucas Sisson and Rudi and Eva Rosenthal: and his sister, ]anis Krise. He was predeceased by his brother in 2008. Family received visitors May 1 at DeFriest-Grattan Funeral Home in Southold. Funeral services were held May 2 at Southold United Methodist Church. Memorial donations may be made to Southold United Method- ist Church~ EO. Box 62, Southold, NY 11971. notice - 7 2 0 0 4 S I T E V I S I T Land Preservation Committee, Town of Southold, Field Inspection Report Property: Dickerson, 10.1482 acres SCTM# 1000-88-1-t0, Observation Date: 7/~.~'o~ Observations Terms of the conservation agreement per deed: (1) Use: Only agricultural production on PDR land per survey (preserved area) dated A/( RT.o~'~J ~,c~. (2/ Access: is allowed. (3) Mowing: once per year required to control tree growth, by September 1st each year. Observations: (1) Use: qed and dated: / SURV~ O~ ~DAY~ON FJ AT BAYV~ TOWN OF SO, SUFFOLK COUh 680 Jacob's Lane, SOUthoId sOr~ S U R V E Y ,? / SURVEY OF 'DAY~OJV AT ~AYFI~ TOF~N OF $OUTHOLD SUPPOLK COUNTY, KEY ~44P SCALE, L 1,4 .~11/ 0 SURVEY OF "DA YTON FARMS" % AT BAYVIEW o o '~. TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. o ~ 1000-88-01 -i 0 1~0 0 100 800 / Scale~l'= 100' DECEMBER ~ 2002 DECEMBER I~ 2002(ReWsbn~ FINAL SURVEY CERTIFIED TO: TOWN OF SOUTHOLD COMMONWEALTH LAND TITLE INSURANCE COMPANY 300 KEY MAP SCALD 1'=600' TOTAL AREA = 13,4498 Acres CONTOUR LINES FROM TDPOGRAPH£C MAP OF FIVE EASTERN TOWNS · =HONUMENT ~ ~=PfPE <631 > P. 0 BOX 1230 TRAVELER STREET SOUTHOLB, NY 11971 , ND, 496/8 765-1797