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Home My WebLink AboutSidor, Barney1000-115-2-9.3 (f/k/a 1000-115-2-p/o 9.1) Baseline Documentation Premises: 17905 Route 25 Mattituck, New York 18.14 acres Development Rights Easement BARNEY SIDOR to TOWN OF SOUTHOLD Deed dated December 12, 2001 Recorded January 14, 2002 Suffolk County Clerk - Liber D00012163, Page 328 SCTM #: Premises: 1000-115-2-9.3 (f/k/a 1000-115-2-p.o 9/1) 17905 Route 25 Hamlet: Mattituck Purchase Price: Funding: $362,800.00 (18.14 buildable acres $20,000/acre) Agricultural Land Preservation Capital Fund & Open Space Capital Fund CPF Project Plan: n/a Total Parcel Acreage: 20.14 acres Development Rights: 18.14 easement acres (n/k/a SCTM #1000-115-2-9.3) Reserved Area: Zoned: 2.0 acres (n/k/a SCTM #1000-115-2-9.2) A-C Existing Improvements: In November 2001 - cultivated field with one well and dirt farm road A. DESCRIPTION 1. LAND II II II The subject is a vacant parcel of land having an area of 18.136_+ acres. It is generally rectangular in overall shape but is narrow (east-west). it has an estimated average width of 325_+' and is approximately 2,520_+' north to south. It has 235.5+' of frontage along the northerly side of Main Road and its northerly border abuts the railroad tracks of the L.I.R.R. The above dimensions have all been approximated from the Suffolk County tax map, the deed of the overall property, and a survey provided by the client. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion of, and a sketch plotted from the meets and bounds described on the survey. The subject has a generally level topography and is mostly cleared, it is situated at or near road grade and is currently vacant. Utilities (electric and telephone) are available along Main Road. There is no public water along Main Road at the subject's frontage, although the Suffolk County Water Authority has indicated this area to be a future potential water main location. Main Road is a two way, two lane, publicly maintained macadam paved roadway. Land use surrounding the subject is primarily vacant and improved residential properties. _GIVEN 19 P R 0 P E R T Y V I S U A L S I I$ I I I I I I I ! I ! ! ! ! ! Tax Map Location I I I I I I I I 1 ! ! ! I ! Zoning Map ] 63 2 0 0 1 P H O T O S I I I I I I I I I I I ! ! ! PHOTOGRAPHS OF SUBJECT View of Subject - Facing Northerly View of Subject ~ Facing Northerly Year 2001 PHOTOGRAPHS OF SUBJECT Facing Westerly Along Main Road Facing Westedy Along Main Road Year 2001 A P P R A I S A L R E Q U E S T LAND PRESERVATION COMMITTEE MEETING TUESDAY, AUGUST 21, 2001 AT. 7:30 P.M. MINUTES Present were: Dick Ryan, Ray Blum, Reed Jarvis, Fred Lee, Ray Huntington, Melissa Spiro, Marian Sumner and Christina from Traveler Watchman. · Barney Sidor - 115-2-9A - Ray Huntington made the contact with Barney Sidor. This is a new application. He would like to see the land stay in farming. It is anal8 acre parcel. Ray has seen him several times. We should move forward for an appraisal. E N V I R O N M E N T A L S U M M A R Y I I I I I I I I I I I I I 1 I Phase I Environmental Site Assessment Barney Sidor Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property consists of a 20.5 acre parcel of land. The property is located on the north side of Main Road (SR 25), approximately 1,650 feet east of Mill Lane. The property is more particularly described as Suffolk County Tax Map # 1000-115-02-9.1. The subject property consists mainly of farmland that is planted with corn. The southern portion of the property contains a house and multi-bay garage that is not part of this report. A dirt access road is located on the west and north sides of the property. The property is bordered on the north by the Long Island Railroad (LIP_R) right-of-way. A 1,000 gallon above ground fuel oil storage tank is located in the central portion of the property on the access road. An irrigation well is located adjacent to this tank; however, no pump engine was present at the time of the site inspection. No staining or stressed vegetation was observed beneath or in the vicinity of the above ground tank or pump engine. No structures or foundations were located on the portion of the subject property that part of this report. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) Inactive Hazardous Waste Disposal Site (IHWDS) and six (6) 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. If the irrigation well is not being utilized, it is recommended that the 1,000 gallon above ground fuel oil storage tank be removed and the well be closed in accordance with State requirements. If the tank is removed, the soils beneath the tank should be visually inspected to determine if any staining is present indicating a prior release had occurred. If the property is to be utilized for residential purposes in the future, the soils should be sampled and analyzed for the presence of pesticides, lead and arsenic. I Barney Sidor Property, Mattituck Phase I ESA FIGURE 1 LOCATION MAP I I I I I I I I I I I I Marfatooka Lake Source: Precision Mapping 1995-1996 Page 7 of 24 I I I I I I I I I I I I I I FIGURE 2 SITE MAP 1,( Source: Suffolk County Assessors Barney Sidor Property, Mattituck Phase I ESA NORTH Page 9 of 24 I I I FIGURE 3 GROUNDWATER CONTOUR MAP Barney Sidor Property, Mattituck Phase I ESA I I I I I I I I I I I .753324 (,REA? pEC~ONIC BAY ,. .~ / ~ % -% ..... _~ , ~es~:¥,,~ , Source: SCDHS, 1999 NORTH Page 15a of 24 OVERVIEW MAP - 693021.3s - Nelson, Pope & Voorhis LLC ~ Target Property · . Sites at elevsf~ons higher than or equal to the target property ,, Sites at eleva§ons lower than the target property · Coal Gasification Sites (if requested) ] National Priority Cist Sites ] Landfill Sites I I TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: iLAT/LONG: Barney Sidor Properly Main Road Mattituck NY 11952 41.0012 / 72.5194 0 1/2 1 ' ,,."~ Oil & Gas pipelines ] 10(]-year flood zone [] 500-year fleod zone CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 693021 October 17, 2001 4:34 pm DETAIL MAP - 693021.3s - Nelson, Pope & Voorhis LLC -.t Target Property I ~ Sites at elevations higher than or equal to the target property · Sites at eievalJons lower than the target property I ~ Coal Gasification Sites (if requested) " Sensitive Receptors ] National Priority List Sites [] L2,ndfill Sites TARGETPROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: ~,.~.~ Power transmission lines ,¢~¢ Oil & Gas pipelines [] 100-year flood zone ] 50g-year flood zone Barney Sidor Property Main Road Mattituck NY 11952 41.0012 / 72.5194 CUSTOMER: CONTACT: INQUIRY #: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 693021.3s October 17, 2001 4:34 pm PHYSICAL SETTING SOURCE MAP - 693021.3s / Ma. jo r Roads Contour Lines Water Wells Public Water Supply Wells Groundwater Flow Direction Indeterminate Groundwater Flow at Location Cra undwate r Flow Varies at Loc, ation Cluster of Multiple Icons ! ! (~) Earthquake epicenter, Richter 5 or greater ~ Closest Hydrogeologi~al Date TARGET PROPERTY: ADDRESS: CITY/STATE~IP: LAT/LONG: Barney Sidor Property Main Road Mattituck NY 11952 41,0012 / 72.5194 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 693021.3s October 17, 2001 4:34 pm P U B L I C H E A R I N G ELIZABETH A. NEV'ILI,E TOWN CLERK REGISTB. AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 690 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 9, 2001: 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 Tuesday, October 23, 2001, at 7:05 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 properS, owned by Barney Sidor. Said property is identified as SCTM #1000-115-2-9.1. The property is located on the north side of Main Road, approximately 1650 feet east of Mill Lane in Mattituck. The development rights easement comprises approximately 18 acres of the 20.136 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 $20,000.00 (twenty thousand dollars) per acre. 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 the Town of Southold hereby sets Tuesday, October 23, 2001 at 7:05 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 fights of agricultural lands under for a certain for the purchase of development rights of agricultural lands for a certain parcel of property owned by Barney Sidor. Said property is identified as SCTM #1000-115-2-9.1. The property is located on the north side of Main Road, approximately 1650 feet east of Mill Lane in Mattituck. The development rights easement comprises approximately 18 acres of the 20.136 acre farm. The exact area o~'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 $20,000.00 (twenty thousand dollars) per acre. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: October 9, 2001 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 18, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Committee Department of Land Preservation Barney Sidor Town Clerk's Bulletin Board PUBLIC HEARING OCTOBER 23, 2001 7:00 P.M. ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF SDOR, SCTM #1000-115-2-9.1 Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: May we have the reading? This is a public heating on purchase of development rights on the agricultural lands of Sidor. COUNCILMAN MURPHY: This gives me great pleasure to read this one. "WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights of agricultural lands for a certain parcel of property owned by Barney Sidor on the 23rd day of October 2001, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold purchase the 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 Barney Sidor~ said property identified as SCTM# 1000-115-2-9.1. The development rights easement comprises approximately 18 acres of the 20.136 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 $ 20,000.00 (twenty thousand dollars) per acre pursuant to the provisions of Chapter 25 and/or Chapter 6 of the Code of the Town of Southold. Further Notice is hereby given that more detailed description bf the above mentioned parcel of land is on file in the Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: October 9, 2001. By Order of the Southold Town Board, Elizabeth A. Neville, Southold Town Clerk." We have a notice that it was published in the Suffolk Times, that it was on the Town Clerk's Bulletin Board, there is no correspondence on the file. SUPERVISOR COCHRAN: You have heard the reading of the public notice on the purchase of development rights, agricultural lands of Barney Sidor. At this time I would ask Ray Huntington, who is a member of the Land Preservation Committee. Dick Ryan, our Chairman and Melissa Spiro, who is working is head of the department. She is the only one in the office, but she is head. They had to go to a meeting up in the County tonight. They are working for us, but they are in Riverhead. Mr. Huntington would you like to present? RAY HUNTINGTON: The notice that was just read by Mr. Murphy concerned the purchase of development rights on the Sidor Farm, the Barney Sidor Farm. That farm of course is here on the Main Road about one mile east of Love Lane in Mattituck. There is some things I would like to tell you about this recommendation that is before you. They concern the setting and the price and the intent that is involved. The Sidor Farm this year was planted mainly in com. Many of you know the two umbrellas that stand here advertising red potatoes. Well, that is the right place. The farmhouse is right here, and the barns are right in here. The reason for this being white as opposed to it being red in terms of it's coding is that this part would be reserved to fit the two acre zoning for the farmhouse and the barns. But, the eighteen acres that we speak of in the resolution is the red part here. This actual line is a function of the survey that is in work right now. It will be two acres when it is finished. Here we have crest of Bill Ruland's farm, which is already preserved shown in green. Here is the farm belonging to Gladys Dickerson, and this is the farm belonging to the Rutkoski's. The land in this area, in this whole general area is amongst the best anyway, really. It is superb farmland. I brought an exhibit to prove that point. That is the kind of potatoes. That is enough for McDonalds for a year right there. That potato was actually grown on the Rutkoski Farm next door, but the land in this area is none the less excellent. That area also is our largest area of water, watershed area here. So, it is important fi:om a preservation point of view. We would like to certainly preserve this piece here belonging to Barney Sidor by buying the development rights, but it is important to look at that in the context of this whole area. This purchase would be an important move in that context. About the price, now there has been a lot of discussion about the price of development rights in the recent times, and perhaps for a long time, but I would like to talk a little bit about that, if I may. Much of this is well know to you, but I would like to cover that ground anyway. When we buy development rights that is to preserve agriculture. We are really buying the right to put up houses per the zoning. If this were all to be built out we know the number of houses would be a large number, and the town would be not the town that we currently know. We consider the committee that is, your committee, it considers a number of factors when arriving at this. This land is flat and straight. No sinkholes in it. It is all usable farmland. At the same time it is relatively close to the hamlet center, so this land is valuable for farming and for residence. We buy the development rights. In this case the development rights appear to worth $20,000 per acre. This is the highest amount that has ever been paid in the Town of Southold, but this land is worth it. This is the kind of land that we need to be preserving. Any other land in town incidentally, just to put this in context as well, is going to be evaluated against the same criteria, and arrived at a price that would reflect our best judgment as a recommendation to this Board as to what should be paid in order to preserve the land. So, there might be prices that would be less than that amount in other places, and prices more than that amount in other places, but each parcel' gets a very thorough evaluation in this regard based upon a professional appraisal. That is how we arrived at the offer price here which as we understand it has been accepted by Barney Sidor. I Want to make sure that I don't forget anything. I guess just a word about intent. Mr. Sidor is ninety-two years old, and loves this land as much as he loves his family. With his father and his three brothers they had over 400 acres in potatoes before. Things have changed a little bit over time, but that has been where he is coming from. He was educated in business at NYU, so he knows how to make these kinds of decisions. But his most intense understanding is the land, and wonders it can create, and also the troubles that it can create, and I assure you he enjoys them both. This is some of the best farmland anywhere, and we want to see this land stay in agriculture. But, there comes a time in Mr. SidOr's case, and in any man's case when he must do what is best to do for that time. He has come to that time where he has decided to sell the development rights and keep this in farming by that mechanism. We as his neighbors by buying his rights will enjoy the land staying in farming. Purchase of the development rights makes sense for both the buyer and the seller, and that is the way we like to get these things together. Therefore the Land ' Preservation Committee recommends that the Town Board move to purchase the development rights to approximately eighteen acres of this farm according to the resolutions before you. I would be happy to provide any answers to any questions you may have, and if there are no questions I would like to thank you for the opportunity of being able to bring this kind of matter to this Board, and I would also like to thank Bamey's granddaughter, and ask her to pass on our thanks because he has again made Southold a better place. SUPERVISOR COCHRAN: I would also introduce another member of the committee, Ray Blum. Do you would like to add? RAY BLUM: Ray Blum t~om Peconic, also a member of the Land Preservation Committee. Just wanted to tell you that I think Ray skipped over the point that we really feel that this parcel is key to the whole area of Mattituck, and even the western portion of Cutchogue. That all the farmland in that area, we would like to see it all preserved. We felt that this was a key establishment point, and a nice farm to go ahead with. Thank you. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board in relation to the purchase of development rights on the Sidor Farm? (No response.) If not, we will close the heating. 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 705A OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 9, 2001: RESOLVED that the Town Board of the Town of Southold finds that pursuant to the SEQRA roles and regulations the purchase of approximately eighteen (18) acres of Development Rights from the property identified as SCTM # 1000-115-2-9.1, located on the north side of the Main Road~ approximately 1650 feet east of Mill Lane in Mattltuck and currently owned by Barney Sidor will not have a significant adverse environmental impact. Elizabeth A. Neville Southold Town Clerk stme Em*lronQmrm.[ O..llly SHORT ENVIRONMENTAL A~E~SMENT FORM For UNU~TED ACTIONS PART 1--PRO~/ECT INFORMATION (To be completed by Applicant or Proje;t spon.~r) SEQB 110. DOES ACllON INVOLVEA PE~MiTAPPROVA~ OR FUIJ/~H~ MOWOR UL~T~.¥ FROM ,M4Y OTHER (~OVE~RNM~iTAL A.~,E~IOY (.~E/~ ~ Atrf ~ OF '~I,JE ACTION I*IAVE A CIJIqlqG~'CY. VJU,,.ID If the action is in the r.~stai Area, and you are a state a~-y, o .omit. ere the ~oastal .~seS~Tlent Form before IX'ooeedlng wflh this aseessment- OVER CI. Itdafiflg alt' qtmli~/, siitta;e eq' ip32undrdter qtf ,f~ ff qQLtiRtty. ~ level;. ,m'~f~3 b'afflc Fu~tmml, ~[Id Waste pm4M~lo= m' .d~[. F_ f~ ~llE~IE. OR ~q ~ ~IK~-Y TO B~ I~C~'RC~fl~¥ flE~A'I~D TO POTE~"TIA~ ADVGR~G E~qP~3NMEI4~AL LMpAC'~ i~miMIl~ i~ g~lc ~ ~ ~ ~n~ · ~, add ~ ~ad~ ~u ~;iaflt ~ m show ~ ~1 ~t ~ im~ h~ ~n ~ifi~ ~ ~'~ ~- If ,1,a i i i ~K t~8 ~z It ~u have ~fi~ o~ or m~ p~eflti~ly I~e o; signifier ~ ~'~i~ MAY ur.~ p~ ~y ~ ~ ~ ~F ~d/or p~m · poa~ d~a~n.. ~ this ~): if ~u ~ .~1~ ~ on the i~e~n.=nd ~ls .~ ,~d ~.~1~ ~n~tion, ~at ~'pm~ ~on ~ NOT ~ult In any wgnlfl~t AND p~ on a~men~ a~ ~, ~ ~ons supping t~ . 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 745 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 2'3, 2001: WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of development rights of agricultural lands for a certain parcel of property owned by Barney Sidor on the 23rd day of October 2001, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold purchase the 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 Barney Sidor, said property identified as SCTM# 1000-115-2-9.1. The development rights easement comprises approximately 18 acres of the 20.136 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 $ 20,000.00 (twenty thousand dollars) per acre pursuant to the provisions of Chapter 25 and/or Chapter 6 of the Code of the Town of Southold. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT BARNEY SlDOR to TOWN OF SOUTHOLD Development Rights Easement - 18.14 acres SCTM #1000-115-2-p/o 9.1 18.14 buildable acres @ $20,000/acre Total Parcel Acreage = 20.14 acres Reserved Area -- 2.0 acres Premises: 17905 Route 25, Mattituck Closing held on Wednesday, December 12, 2001 at 9:00 a.m. Southold Town Hall, 53095 Route 25, Southold, New York Purchase Price: Payable to Barney Sidor (12/2101) $ 362,800.00 Expenses of Closing: Appraisal Payable to Patrick A. Given, SRPA (10/9/01) Survey Payable to John C. Ehlers, Surveyor (12/4/01) $ 1900.00 $ 4000.00 Environmental Report Payable to Nelson, Pope & Voorhis (12/12/01) $ 1400.00 Title Report Payable to Commonwealth Land Title Ins. Co. (12/12/01 ) Title policy $1,920.00 Deed recording $ 100.00 $ 2020.00 Title Closer Attendance Fee $ 50.00 Payable to Karen Hagen, Esq. (12/12/01) Those present at Closing: Gregory F. Yakaboski, Esq. ' Barney Sidor Laurie Krom Ann Krom Richard F. Lark, Esq. Karen Hagen, Esq. Melissa Spiro Ray Huntington Bill Edwards Attorney for Town of Southold Seller for Seller for Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Committee Land Preservation Committee _GIVEN rASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 September 17, 2001 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Appraisal of Real Property of Barney Sidor, Located Northerly side of Main Road, Mattituck, NY S.C.T.M. #1000-115-2-9.1 Appraisal #2001219 $1,900.00 JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 11/6/2001 20820 Bill To Town of Southold Town Hall Southold, N.Y. 11971 Your Client Town of Southold with Barney Sidor Date of Service 11/6/2001 11/6/2001 Description Boundary Survey of approximately 20.5 acre parcel Preparation of map for two acre set off SCTM# My Job # 1000-115-2-9.1 2001-291 Amount 3,500.00 500.00 Common.? ait h OTitle No.: RH80014139 Applicant: TOWN OF SOUTHOLD ATTORNEY Applicant #: 10001445 Premises: MAZN Road, MATrTTUCK, NY 11952 Date of Closing: Purchaser: TOWN OF SOUTHOLD Date Printed: Order Type: Sales Rep: County: Closer: December 7, 2001 Purchase/Resale CHRZSTOPHER MCKEEVER SUFFOLK FEE SHEET [TEM ~z~.T~t~) ~ ..~ AMOUNT ITEM AMOUNT Fee [nsurance~l-~b~.00 $ ~7~.oo Recording Fees $ Hortgacje [nsurance ~ o.~0 f~).~ Deed 1oo.oo Second Hortgage $ 0.00 Mortgage Third Mortgage ~ o.oo Satisfaction of Mortgage Survey - Departmental Searches - Certificate of Occupancy Street Report Bankruptcy Sewer Search Housing and Building Transfer Taxes Fire NYS Transfer Tax Emergency NYC RPT ional Taxers IqansJon Tax UCC's County UCC's State 8.1 Environmental Waiver of Arbitration Condo Endorsement Mortgage Tax Mortgagor Mortgagee Escrow Service Charge Escrow Special Deliver~ TOTAL CHARGES $ RECEZPTS CHECKS PAYABLE TO Commonwealth Land Title Znsurance Company (Circle One) Buyer/Seller Buyer/Seller Buyer/Seller $ Buyer/Seller $ CHECKS PAYABLE TO OTHER THAN Commonwealth Land Title Znsurance Company (Circle One) Buyer/Seller $ Buyer/Seller Buyer/Seller $ TOTAL RECEZPTS $ *NOTE Rates & charges herein are subject to change based on the rates in effect at the time of closing. 177 Old Country Road, PO Box 419 Riverhead, NY 11901-0203 Phone: 631-727-7760 Fax: 631-727-7818 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 8 TRANSFER TAX NUMBER: 01-22436 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 115.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $362,800.00 01/14/2002 04:14:40 PM D00012163 328 Lo t: 009.001 Received the Following Fees For Page/Filing $24.00 COE $5.00 EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Comm. Pres $0.00 TRANSFER TAX NUMBER: 01-22436 THIS PAGE IS Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT Exempt $5.00 NO $5.00 NO $5.00 NO $ ~ooo NO $0.00 NO Sqq. oo Edward P.Romaine County Clerk, Suffolk County FEB - 5 2<)(;i' TOWN ATTORNEY'S OFFICE TOWN OF $OUTHOLD Number of pages TORRENS Serial # Certificate # Prior Ctf, # Deed / Mortgage Instrument 41 Page / Filing Fee - Handling Notation EA-5217 (County) EA-5217 (State) Comm. of Ed. 500 Affidavit Certified Copy Reg. Copy Otber Deed / Mortgage Tax Stamp FEES Sub Total Real Property T~x Service Agency Verification Dist. Section B lock Lot 1000 115.00 02.00 009.001 Satishctions/Discharges/ReleasesListPropertyOwners Mailing Address RECORD&RETURNTO: OFFICE OF THE TOWN ATTORNEY GREGORY F YAKABOSKI ESQ TOWN HALL, 53095 ROUTE 25 P 0 BOX 1179 SOUTHOLD NY 11971-0959 RECORDED 2002 Jan 14 04:14:40 PM Edward P.Romaine CLERK OF SUFPOLK COUNTY L 000012163 P :528 Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./As$it Or Spec./Add. TOT. MTG. TAX Dual Town Dual County- Mansion Tax The property covered by this mortgage will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ 3 6 2.t 8 0 0.0 0 ' CPF Tax Due [mproved Vacant Land X TD TD Title Company Information ICo. NameCormmonwealth Land Title Insurance Company Title # RNS0014139 Suffolk County Recording & Endorsement Page This page forms part of the atlached BARNEY SIDOR TO TOWN OF SOUTHOLD Deed of Development Rights (SPECIFY TYPE OF INSTRUMENT ) 'lhe premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold ht the VILLAGE or HAMLET of Mattituck made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this I~t~ day of December, 2001, BETWEEN BARNEY SIDOR residing at 17905 Main Road, Mattituck, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of THREE HUNDRED SIXTY-TWO THOUSAND EIGHT HUNDRED ($362,800.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the 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 Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly side of Main Road, (S.R. #25) at the southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly Ernest F. Dickerson; RUNNING THENCE North 35 degrees 15 minutes 10 seconds West along said land, 95.31 feet; THENCE North 35 degrees 04 minutes 10 seconds West still along said land and later along land now or formerly Gladys T. Dickerson, 2518.32 feet to a monument and the Long Island Rail Road; THENCE North 46 degrees 16 minutes 20 seconds East along the Long Island Rail Road, 327.80 feet to a monument and land now or formerly Henry M. Rutkowski and wife; THENCE along said last mentioned land: (1) South 35 degrees 29 minutes 30 seconds East, 1299:74 feet; (2) South 34 degrees 57 minutes 40 seconds East, 952.60 feet; (3) South 31 degrees 15 minutes 40 seconds East, 105.28 feet; and (4) South 26 degrees 00 minutes 00 seconds East, 61.94 feet; THENCE South 64 degrees O0 minutes O0 seconds West, 293.76 feet; THENCE South 35 degrees 04 minutes 10 seconds East, 195.42 feet; THENCE South 35 degrees 15 minutes 10 seconds East, 105.80 feet to the northerly side of Main Road, (S.R. #25); THENCE South 77 degrees 35 minutes 50 seconds West along said northerly side of Main Road, (S.R. #25), 27.14 feet to the POINT OR PLACE OF BEGINNING. THE PREMISES BEING CONVEYED are a part of the premises described in the deed to the grantor recorded in Liber/Reel 349e-page 32,3. 2 TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. 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 agricultural lands actually used in bona fide agricultural production as defined in GML section 247 as 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. 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 laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. 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 4 ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, 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 5 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 subject to the Town receiving grant money from the New York State Department of Agriculture reimbursing the Town for the partial or total purchase price of this interest in land: "all amendments to the approved easement (the covenants and restrictions set forth in this Deed) must be authorized by the New York State Department of Agriculture". This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: BARNEYSIDOR ¢ Purchaser: TOWN OF SOUTHOLD JI~AN W. COCHRAN, SUPERVISOR 6 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )$$: On the Jl ~ day of December, 2001, before me personally appeared BARNEY SIDOR, 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. Ne~'Y PW~k~, 81ate of New York (~Imlll~-AT'4,~,eo0 - 8uffo~ Oeel~ RECORDED 2002 Jan 14 04:14:40 PM Eduard P.Romaine CLERK OF SUFFOLK COUNTV L D000!2163 P 528 DT# 01-22456 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the l~th day of December, 2001, before me personally appeared JEAN W. COCHRAN, 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 she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public LJ MELANIE DOROSKI NOTARY PUBLiC, State ol New Yof~ No. 01D04634870 Qualified in Stlflotk County Commission Expires September 30, 7 T I T L E P 0 L I C Y ISSUED BY COMMOW~t~LT~ Ia~D Tl~£ I~4SUR~C~ COMVta~ Commonwealth A LANDAMERICA COMPANY OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, hul only lo the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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 wblch has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge~ 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4~ Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A ORIGINAL Valid only if Schedules A and B and Cover are attached .UEt, IZ, ZUUI- ~:]/~1¥1 ~ bLIJt KiWKHEAU I~U. 411 r, Z/5 File No.: RH80014139 9 Common, w lth SCHEDULE A Amount of Znsurance; $362,800.00 D~te of Policy~ December 12; 2001 Policy No,: RH800~-4139 Name of Insured; TOWN OF SOUTHOLD~ a municipal corporation The estate or interest in the land which is covered by this poliCy Development Rights Title to the estate or interest in the land is vested in.' TOWN OF SOUTHOLD~ a municipal corporation deed made by BARNEY $IDOR to the INSURED dated December 12f 2001 end to be recorded in tBhYe Office of the Clerk/Register of SUFFOLK County. The lend referred to in this policy is described on the annexe~ Schedule A - Description, Fee Policy Insert DEC. 12,2001 9:29AM CLTIC RIVERHEAD N0,413 P. 2 File No,; RH80014139 SCHEDULE B Exceptions from Coverage This policy does not insure against loss er damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: 1. Agricultural Commitment Agreement recorded in Liber/Reel 3.0305 page 3.36. 2. Survey made by John C. Ehiers dated November 2, 2001 shows premises as unimproved, but cultivated, vacant land. (a) dirt farm roads traverse premises. No other variations shown. 3. Company excepts possible Development RJght~ of others than the insured, in, to, and over the unpaved dirt roads as shown on the survey herein as described in Schedule 'A", but policy will insure that the use for Open Space Preservation and Water Protection will not be disturbed by reasor~ thereof and that fee title remains in the insured. (For use where the County of Suffolk is the purchaser) 4. 2.001/02 Town and school taxes. Fee Policy Inser~ "DEC. 12.2UU1- 9:]SAM , CLIJC KiVbKHbAD NU.~II ~. ~/~ File No,: RH800~.4139 SCHEDULE A - DESCR/PTZON ANIENDED 12/07/01 ALL that certain plot, piece or parcel of land/situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGZNN[NG at a monument on the northerly side of Main Road, (S.P,, # 25) atthe southwesterly corner of the premises herein described and the Southeasterly corner of land now or formerly Ernest F. Dickerson; RUNNING THENCE North 35 degrees 15 minutes 10 seconds West along said land, 95.31 feet; THENCE North 35 degree 04 minutes 10 seconds West still along said land and later along land now or formerly Gladys T. Dickerson, 25[8,32 feet to a monument and the Long island Rail Road; THENCE North 46 degrees ).6 minutes 20 seconds East along the Long island Rail Road, 327.80 feet to a monument and land now or formerly Henry M. Rutkowski and wife; THENCE along said last mentioned land: (1) South 3S degrees 29 minutes 30 seconds East, [2.99.74 feet; (2) South 34 degrees 57 minutes 40 seconds East, 952.60 feet; (3) South 32 degrees 15 minutes 40 seconds East, [05.28 feet; and (4) South 26 degrees O0 minutes 00 seconds East, 61.94 feet; THENCE South 64 degrees 00 minutes 00 seconds West, 293.76 feet; THENCE South 35 degrees 04 minutes 10 seconds EaSt~ 195.42 feet; THENCE South 35 degrees 15 minutes l0 seconds East:~ 105.80 feet to the northerly side of Main Road, (S.R. # 25); THENCE South 77 degrees 35 minutes 50 seconds West along said northerly side of Main Road, (S.P-. # 25), 2-7.14 feet to the POINT OR PLACE OF BEGINNING. Fee Policy Insert Commonwealth File No.: RH80014139 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLTCY) ATTACHED TO AND MADE A PART OF POLI'CY NO. RH80014139 TSSUED BY COMMONWEALTH LAND TI'TLE I'NSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) if the recording date of the instruments creating the insured interest is later than the 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: December12~ 2001 Issued at: Commonwealth Land Title Znsurance Company 177 Old Country Road, PO Box 419 Riverhead~ NY 11901 By Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. Thc 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 thc interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees~ survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage, (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impar{ constructive notice of matters affecting the land. (dj "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of Ihe area described or referred to in Schedule A, nor any righl , litle~ 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 eslablished under state statutes al Date of Policy for thc purpose of imparting constructive notice of matters relaling to real property to purchasers for value and without knowledge, With respecl to Section I(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located, (g) "unmarketability of the title": an alleged or apparent matter affecling the title Io the lan& not excluded or excepted from coverage, which would entitle a purchaser of the estate or inlerest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long ~insured shall have liability by reason of covenants of warranty made the by the '~ insured in any transfer or conveyance of the estate or interesL This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money morlgage given to Ibe insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in wriling (i) in case of any litigabon as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interesl which is adverse to the title to the estate or inleresl, as insured, and which might cause loss or damage for which the Company may be liable by virlue of this policy, or (iii) if tide to lhe eslate or interesL as insured, is rejected as unmarketable. If prompt notice shall not be given lo the Company. then as to the insured all liability of the Company shall terminate with regard to the matter or mallets for which prompl notice is required: provided, however, that failure to notify the Company shall in no case prejudice Ihe rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by tile insured and subject to the optmns contained in Section 6 of Ihese Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation In which any third party asserts a claim adverse to the title or interest as insured, bul only as to those stated causes of action alleging a defect, lien or encumbrance or olher matter insured againsl by this policy The Company shall have the right to select counsel of its choice (subject Io the right of the insured to object for reasonable cause) to represent ~he 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 Ihe insured in the defense of those causes of action which allege matters not insured against by this policy (b) The Company shall have thc right, at *ts own cost, ID institulc and ,rosecute any action or proceeding or Io do any olher act which In ils ,pinion may be necessary or desirable to eslablish Ihe title to the estale or interest, as insured, or to prevent or reduce toss or damage Io the insured The Company may take any approprtale action under the terms of this policy, whether or not il shall be liable hereunder, and shall not thereby concede liability or waive any provision of Ihis policy If the Company shall exercise its righls under this paragraph, il 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, the Company maypursue 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. (dj In all cases where this policy permits or requires the Company to prosecute or provide for Ihe defense of any action or proceeding, the insured shall secure to the Company the righl to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use. at its oplmn, the. name of the insured for this purpose. Whenever requesled by the Company, the insured, al the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawfld act which in the opinion of the Company may be necessary or desirable to eslablish the title to the estale or inlerest as insured If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obtigalion to defend, prosecute, or continue any litigation, with regard to the matter or malters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn ~o by the insured claimant shall be furnished to the Company within 90 days after the insured claimanl shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defecl in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminale, including any liability or obligation to defend, prosecute, or continue any litigation, wilh regard to the mallet or matters requiring such proof of loss or damage. In addition~ the insured claimant may reasonably be required to submit to examination under oalh by any authorized representalive of the Company and shali produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books~ ledgers~ checks, correspondence and memorand& whether bearing a date before or after Date of Po[icy~ which reasonably pertain to the loss or damage~ Further, if requested by any authorized representabve of Ihe Company , the insured claimant shall grant its permission, in writing, for any authorized representabve of the Company to examine , inspect and copy alt records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage~ All informalion designaled as confideutial by the insured claimanl 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 Ihe administration of the claim Failure of Ibe insured claimant ~o submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminale any liability of the Company under lhis policy as to that 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: (a)To Pay or Tender Payment of the Amount of Insurance To pay or tender paymenl of the amount of insurance under this policy logether with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by thc Company, up to the time of paymant or tender of payment and which ~he Company is obliga- ted to pay Upon Ihe exercise by the Company of this optmm all liability and obligabons 1o the insured under this policy, other Ihan ~o make lbe paymenl required, shall terminate, including any liability or obligation lo defend, prosecule, or cominue any litigation, and the policy shall be surrendered Io the Company for cancellation (b) To Pay or Otherwise Sctlle With Parties Olher than the Insured or Wilh the Insured Claimanl (i) to pay or otherwise scule with other parbes for or m lhe name of an insured claimant any claim insured against under this policy, together wilh any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by lhe Company up to brae of paymem and which the Company is obligated to pay~ or (ii) to pay or otberwise settle witll tile insured claimant the loss or damage provided for umler Ihis policy, togelher wilh any costs, attorneys' fees and expenses incurred by thc insured claimant which were authorized by the Company up to the time of paymenl and which the Company is obligated to pay Upon the exercise by tile Company of either of the oplions 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 paymenls required to be made~ shah lcrminate, including any liabilily or obligalion to defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover : · '~ .......... ;~ fll., - NTI ;:) q~ q. q UONIII'I'IONb AND ~;TIPULATIONS (Continued) 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 reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: ti) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of lhe insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequenl to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 gercenl over the Amount of Insurance stated in Schedule A, then this obey is subject to the following: ti) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion Ihal the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay'the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to lhat portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shah be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Po]icy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of tit]e, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, il shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the evenl 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 nsured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. UABlUTY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien oil the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to thc satisfdction of Ihe Company. NM 1 PA 10 ALTA Owner's Policy (10-17-92) Form 1190-3 Cover Page ~RI~INAI (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, ihe insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of Ihe thsured claimant, the Company shall be subrogated Io Ibese rights and remedies in the proportion which the Company's payment hears to the whole amount of the loss If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company. in thai event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties~ other policies of ~nsurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation righls by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amounl of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys~ fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereoL The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon requesl 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements if any, attached hereto by the Company is the ent re policy and contract between the insured and the Company. In interpreting any provision of this policy, lhis policy shah be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence. and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the PresMent, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforccab[e under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be g~ven the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. Valid Only If Face Page, Schedules A and B Are Attached NEW YORK OFFICES NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212) 983-8430 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853-Po800 FAX: (716) 8536806 GARDEN CITY 1325 Franklin Ave. Suite 160A Garden City, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 6;~4-7070 FAX: (845) 634-8513 RIVERHEAD 177 Old Country Road Rivenhead, New York 11901 (631)727-7760 FAX: (631) 727-7818 ISLANDIA 1777-6 Veterans Memodal Hwy Islandia, New York 11722 (631) 232-3503 FAX: (631) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-O002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) g4g-01 O0 OWNER'S POLICY TITLE INSURANCE (10-17-92) OF AMERICAN L~ND TrtcE ASSOC~A~ON' Commonwealth Title Insurance Since 1876 HOM£ OFF[Gm 101 Gateu~ay Centre Parkway, Gatewa7 One Richmond, Virginia 23255-E155 B 1190-3 A WORD OF THANKS ..... As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land Title 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 I am the owner of 18.14 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map No. 1000-115-2-9.1, 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, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: ochran, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowner Barl~ey Sid~)r /1 ' 17905 Main Ro~l Mattituck, NY 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 1..~th day of December, 2001, before me personally appeared JEAN W. COCHRAN, 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 she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD; that she knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by her 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. N~t~r~ Public ~ - ' MELANIE DOROSKI NOTN~¥ PUBLIC.State of New Ymk No. 01D046~4870 Ou~lifie~ in Suffolk Comlly ~ Commmto. bakes Seatembe~ 30, STATE OF NEW Y.ORK ) COUNTY OF SUFFOLK ) )SS; On the ~1 ~ day of December, 2001, before me personally appeared BARNEY SIDOR, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notar~j.~dblic P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: FROM: RE: Supervisor Cochran Town Board Town Clerk Planning Board Tax Assessors Building Department Data Processing Melissa Spiro, Land Preservation Coordinator Development Rights Acquisition DATE: December i9, 2001 Please be advised that the Town has purchased the Development Rights 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: MISC: 1000-115-2-9.1 Barney Sidor December 12, 2001 $362,800 ($20,000 per acre) 18.14 acres The development rights were purchased on 18.14 acres of the 20.14 acre parcel. The development rights remain intact on the 2 acre.reserved area. The 2 acre reserved area has not been subdivided from the area on which the development rights have been purchased. Therefore, the 2 acre Reserved Area remains as part of the larger parcel on which the development rights have been purchased The attached part of the survey shows the location of the reserved area. encl. CC~ ~/Town Attorney Land Preservation Committee Peconic Land Trust iI L II II 2005 Tax dk Count~ Book SALE #7 LOCATION '. DESCRIPTION : GRANTOR : GRANTEE : LAND SIZE : CONSIDERATION : LIBER ! PAGE : DEED DATE : RECORDED DATE : SUFFOLK TAX MAP : PRICE PER UNIT : 17905 Main Road Mattituck, NY 11952 Acquired Develop. Rights Estate of Barney Sidor Cheryl Forman 18.14 ± Acre(s) $460,000.00 12307/93 2/24/2OO4 3/13/2OO4 1000-115-2-9.3 $25,358.32 per Acre COMMENTS AND ANALYSIS This is a sale of agricultural land without development rights. It was sold with an additional lot improved with a house for $380,000 (additional). Sale ID: 2439 GIVETN Tax Map Location File View Toolbar Help 17905 :~Rout~:~5 L~d S~z~. 18-)~ Oc~~ ~::~v~ ~ .. Owner Total. I ~:~ ~:~;~ TaxableVa!~ kL~, r~-~;I Fofman ~'~* :~ County' /;:;~100~ Add Addr. .... Sheet: 17905 Hain Road S:c~ool. ~ ~10~ PO Box: : Book Page SaeDae SaeP~ O~e Prpos' Land 12307 093 02/24104 460.000 FO~man~ CherYl Nbhd Cd O ~ Exemption Total. 1 Tern Own Budding , :~:- Total: 41720 AG D ST 2~200 0 0 ~ ~ Spec a D st[ ~ ; To al:3 ~: Vaue / ~ Improve~nl:~.~: Code Un~s Pct Type ~oveTax Type N~e ? FD030 Matbtuck FD _ _00 00:00 PK071 Mattiluck Par .~ ~00 ~00. - Prints the screen View T~olb~;r He!p Add Addr PO Box Qty: Hatbtuck. NY -? ZD: 11952- : Sch!~fler~ar. 8.100 Sale Toe' I ; S te 1 of 1 Book Page SaeDoe ~SaePrce Owner prp~: 1 Faml~Re* ~: 12307 092 02~24~04 :~380.000 Fo[man. Che~i E,empt on Tool 0 Term Own Bu~ dng {:: Coda Amoun~ Year Code Unit* Pc~ T~pe MovoT~X Hattituck FD .00 .nn~_ - ~.flfl FO03O PKOZ1 Hattituck Pm .00 00 .00 ~ Prints the ~:creen ~.'~a,,I [],~o×-~,~a~o~ O~,ao~ Jl e"PS ver.,...- M O N I T O R I N G R E P O R T S SOUTHOLD DEVELOPMENT RIGHTS EANEMENT MONITORING REPORT (Field Version:, short property, n. ame~ Date of last visit Date of this visit -//7/0 ~ Tax Map #~ Easement acreage ~ · Location of P~perty ' -.--_. ~ ~ .- - - - - _ - -' ~1'~4"/~.. ~,~, Purpose of Easement: 1. Current Owner(s): Address: Cheryl Forman 36020 Main Rd. Cutchooue.11935 Telephone No. 2. Contact Person, If different from above: 3. Prior notification required before visit? Yes ~ Specific terms? Did owner/representative accompany the monitor? Yes 6. l. mud use: What are the present.land use practices? What are the future land use practices contemplated by the landowners? Describe. Are they consistent with the terms of the easement? (cheek if disallowed by easement) · Q,. Top Soil removed Hmrdons substance generation Hazardous substance storage Hazardous substance disposal Landfill Waste disposal F~xploration/extraction of minerals Exploration/extroction of hydroearbons Recreational activities degrading/compacting soil Yes ~ Yes Yes ~ ¥~ ¥~ ¥¢$ 7. Man-made alterations: Have there been any additions or deletions of man-made alterations to the property? Fen. Y'es (~ Ponds Yes ~ Road Yes Trails Yes Buildings Yes Power line~ Yes Other Yes If so, has the LPC been notified of the activity as per the easement? Describe. 8. Natural events: Have any natural events occurred since the last visit? Describe. Flood Yes ~ Erosion Yes ~ Plant Disease Yes Vegetation Yes Other Yes (non-native/invasive vegetation) Are the restaratlon procedures, ff any, ~on~istent with the terms of the easement? 9. Outline any specific monitoring procedures required for this easement, if necessary. 10. Describe the use and conditions of the surrounding properties. Are any threats imposed upon the easement by the current use of the adjacent properties? ]Exotic Species Yes No New Structures Yes No Stormwater Runoff Yes No Other Yes No · ':' " " '~ '" " ' ~'0 fro Land Steward(s) Comments: Landowner(s) Comments: I(Vv'e), Ray Huntinqton [print], Monitor(s) for the SouthoM Town Department of Land Preservation and/or Land Preservation Committee for the above property, agree that~this report is an accurate representation of the physical con~f the property under th: easement. Slgnature:Lnnd ' P reserv~°n C°mmittD~e:Member lOVe), .... [printl, Owner(s) and/or Representative for the Owner(s) of the above property, agree that this prepared report is an accurate representation of the physical condition of the property under the easement. Signature: Date: Signature: Date: MonotofingrepoFtform2,doc side 2of2 2 0 1 1 A G S T R U C T U R E R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-571 l Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Yonngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971~0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 31,2011 Cheryl Forman 36020 Main Road Cutchogue, NY 11935 Re: SCTM #1000-t 15.-2-9.3 Forman f/k/a Sidor Request for deer fencing on property with Town Development Rights Easement Dear Ms. Forman: The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code and the easement on your property, reviewed the request you submitted on September 20. 2011, for deer fencing "as built" on the above mentioned property. Section 70~5 C. (2) [3] of the Town Code requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or or agricultural lands in which the development rights have been acquired by the Town. Your request is for Land Preservation Committee approval of the placement of approximately 532 feet of "as built" deer fencing along the perimeter of the easement area. The Land Preservation Committee did review and approve your request for the placement of said deer fencing within the development rights easement area. Please note that the Committee's approval of this use within the easement does not mean that such use has been approved or permitted by other Town Departments or agencies as all improvements are subject to all applicable Town Code requirements. If you have any questions regarding the above, please call me. Sincerely, Melissa Spiro Land Preservation Coordinator /md eno: cc w/enc: landowner's formal request and sketch plan Planning Dept. Building Dept. MELISSA A. SPIRO LAND PRESERVA'FION COORDINATOR mdiss~-epi~town.soulhold.ny.us Telephone (631 ) 765-57 ! 1 Facsimile (631) 765-6640 DEPARTMENT OF LAN']) PRESERVATION TO'tN OF $OUTHOLD OFFICE LOCATION: Town g-hll 54375 State Route 25 (ourn~ of M~n Ed.& Yoougs Ave) $ou~ho[d, New York MAILING ADDRF_~: P.O. Box [ 179 ~outhoH, NY' 11971-0959~ ,REQUEST for AEricultural Structure Placement on PDR Land ' T~xMalaNo. 1000- 115 2 .. ~.3 I. am .the .ownerl of the property, described below and on which, the 'Town Hghts/conservafion epsement on or about... 12 / 12./2,001 (date). Nameo[Owner(pleaseprint): , Cheryl Foreman . . ~la m e"(s~o~ previous owher. Barney Sidor , : (*d applicable} Ma!!i~g Address:· : Phon~Number.. ' Properly Location: 36020 Main Rd CutChoque, NY 11935 purchased a de~loprhent' 17905 Route 25 (Main Rd.), Mat~i~cuck Usttype;size,:'anduseofeachagricukural structure proposed: ' "~. , ' . · _ '. '-deer fencing !'as built" and shown on attached'sketch ' ': SEP · ' -. ~,E~ ~ moo. ~p, or.sketch plan) showing placement area' o! agricultural-St~'uctur~(s), distance from property ' boundary lines, and any readily available information relating to your request. 'YoOmaY talk W th the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any 'of the re~ula r m~qtings of the [and Preservation Committee. Applicant Please rel~u~rJ the completed form with attachments to: Town o[ SouthOId -Land Preservation Departmeht Dat~ *All attachmentS must be signed and dated by oroperty owner. AUG-04-~003 17:03 NORTH FORK BANK SBFS 6~1 844 1464 P.02 A E R I A L S 2004 Aerial FORMAN Property f/k/a BARNEY SIDOR Property 17905 Rt 25, Mattituck 18.14 acres dev rights easement purchased by Town on 12/12/01 2001 Aerial BARNEY SIDOR Property 17905 Rt 25, Mattituck 18.14 acres development rights easement purchased by Town of Southold on 12/12/01 S U R V E Y SURVEY OF PROPERTY SITUATE: CUTCHOGUE TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUPROLK COUNTY TAX HAP 1000-115-2-q.I SU~-.V~YRIP NOV. 2, 2001 C,E:F~TIPI~E) TO: TOI~IN OP SOUTHOLD COMNIONkNEALTIq LAND TITLE INSUF~ANC,~ C. ONIFIAN¥ FINAL SURVEY CUL TI ~A FIELD LAND NO/,.,/ EHLERo LAND JOHN C." 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 SURVEY DR N.Y.S. LIC. NO. 50202 REF-\~ltp server\d~PROS\01-291 .pro NOV 13 2OOi 0 ~00 200 300 NIONUIM~NT POUND