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HomeMy WebLinkAboutHurtado, John L Sr & Jr (Hogs Neck III)1000-79-5-20.15 Baseline Documentation Premises: North Bayview Road Southold, New York 16.04 acres Open Space Acquisition JOHN L. HURTADO, SR. and JOHN L. HURTADO, JR. to TOWN OF SOUTHOLD Deed dated June 17, 2004 Recorded July 2, 2004 Suffolk County Clerk - Liber D00012328, Page 609 SCTM #: 1000-79-5-20.15 Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Zoned: Existing Improvements: North Bayview Road Southold $561,640.00 (14.78 buildable acres ~ $38,000/acre) CPF Land Bank (2%) Yes 16.04 acres (includes 1.26 acre right of way) A-C & R-40 none in June 2004 DESCRIPTION_ LAND The subject is a parcel of land having an area of 16.040+ acres. It has an irregular shape with 941+' of noncontiguous frontage along the northerly side of North Bayview Road. It has a westerly border of 1,118+' which represents the property's maximum depth, a northerly border of 740+', and an easterly border of 574+'. The property is bisected by a 50' wide right of easement which runs north-south through its center and provides access to properties to the north of the su'oject. The above dimensions are taken from the last deed of record and the Suffolk County f Tax Map and from a survey prepared by Fox Land Surveying. Utilities (water, electric and telephone) are available along the property's road frontage. North Bayview Road is a two way, two lane, publicly maintained macadam PaVed road. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the subject. The property has a gently rolling topography and is mostly wooded. It is situated at or near grade with the abutting road and is vacant. Land use surrounding the subject is primarily vacant, or improved residential properties. Abutting the subject, on its northerly border is 13.7+ acres of preserved open space land (development rights owned by the Peconic Land Trust). .GIVEN D;$CRIPTION (CONTINUED} ~ENTS The subject is vacant land. PRESENT USE AND OCCUPANCY The subject is presently vacant. .GIVEN ZONING The subject lies primarilY in the A-C Residence zoning distdct of the Town of Southold. ~.GIVEN ~o~ A P P R A I S A L R E Q U E S T LAND PRESERVATION COMMITTEE MEETING TUESDAY, AUGUST 26, 2003 AT 7:30 P.M. MINUTES Present were: Ray Blum, Ray Huntington, John Sepenoski, Bill Edwards, as well as Melissa Spiro, Tim Caufield and Tom Wickham. Previous minutes (8/5/03) were distributed but not acted upon. Forestbrook/Bavview Overlook: Mark Terry (Planning) described a proposal John Hurtado discussed with him. The LPC was asked to consider a combination of two parcels: (079-2-7, "Forestbrook," Tony Hurtado) and (079-5-13, "Bayview Overlook," John Hurtado with the package being brought to the Town by John Hurtado. Since this arrangement appears no(to add any further combined potential development and offers poter~fial for ecological conservation, and an interesting potential trail, the Committee approved the ordering of an appraisal of 79-5-20.13 as soon as the Coordinator was in a position to specify details to the appraiser. P R 0 P E R T Y V I S U A L S I I I I I /2.2 5O Tax Map Location View of Subject - Facing Northerly GIVEN I I ! ! I I I 1 I I 1 1 SUBJECT PHOTOGRAPHS Facing Westerly Along North Bayview Road Facing Easterly Along North Bayview Road ~.GIVEN SOUTHOLD Zoning MapI ~ ~ 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 Phase I Environmental Site Assessment Hurtado 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 Southold, Town of Southold, County of Suffolk, New York. The subject property consists of a 16-acre parcel of vacant undeveloped land. The property is located on the north side of North Bayview Road, approximately 598 feet east of Reydon Drive. The property is more particularly described as Suffolk County Tax Map # 1000-079-05-20.15. The subject property is vacant undeveloped land. A 50 foot gravel right of way, known as "Shellfisher Road", extends through the central portion of the site and currently provides access to residential dwellings and public open space to the north, as well as three (3) 'out-parcel' residences located adjacent to the east side of this roadway. Small areas of clearing were observed along the western side of the fight-of-way. The remainder of the site is dominated by woodland. The site has generally fiat topography; however, a topographic mound is located in the central portion of the site, sloping downward in elevation toward the property boundaries. No structures, foundations, dumping, debris, staining or stressed vegetation were observed on the subject property. I I I I No Sanborn map coverage was available for the subject property. Historic aerial photographs from 1960, 1969, 1976, 1980 and 1994 were reviewed in order to determine past uses of the property. In the review of a 1938 aerial photograph, the western portion and a small area at the eastern portion of the property were undergoing revegetation. In the 1960 and 1969 aerial photographs, the western and northeastern portions of the property were used for agriculture. In the 1976 and 1980 aerial photographs, the cleared portions of the property were allowed to revegetate. The property appears wooded and vacant in the 1994 aerial photograph. The USGS Southold Quadrangle maps dated 1956 depicted the subject property as vacant, undeveloped land. An extensive government records search found no potential sources of environmental degradation on the subject property. Three (3) State documented sites were noted in the vicinity of the subject property. Specifically, three (3) closed spill incidents were located within one-half (0.5) mile of the subject property. I I I I I I I I Hurtado Property, Southold Phase I ESA In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, if the property is to be used for residential purposes in the future, the portion of the property formerly utilized for agricultural purposes should be sampled for the presence of pesticides and metals. I I I I I I Page 2 of 26 I I I i I I I I I I I I I I FIGURE 1 Hurtado Property, Southold Phase I ESA LOCATION MAP ./ Source: DeLorme Street Arias Scale: Not to Scale I NORTH I I I I I I I FIGURE 2 SITE MAP Huriad{~ P~'oimrly, Stmlht~fd Phase I ESA I I I I I I I I Source: ND'SGIS Orlhoim;lgery Program, 2001 Scale: 1" = 250' NORTII + FIGURE 3 WATER TABLE ,MAP Hu rtado Prupcrty, Suuthold Phase I ESA I I I I I I I I I i I I Sourcc: Suffolk Crumb' Department of Heallh Services Water Table Map, 1999 Scale: 1" = 250' NORTH m mm m m m m mm m m Toxics Targeting 1 Mile Radius Map Hurtado Property Southold, NY 11971 m Suffolk County NPL, CERCLIS, HYSDEC inactive Hazardous Waste I~ Disposal Registry er Regist~, Qualifying Site Hazardous Waste Treater, F~ Storer, Disposer Hazardous Substance Solid Waste (~ Waste Disposal Site [~ Facility Maor Oil ~StorageFac ty Location ~ Walerbody -- Minor Roads Tracks 1Mile ---. 1/2Mi~e Radius Radius ?stance ? Miles mm m 4~m~ _m ~m~m. m m m Toxics Targeting 1/2 Mile Radius Map Hurtado Property Southold, NY 11971 Suffolk CouMy Material Spill Roads 1/2 1/16 mm m I =ma Hurtado Property imm Toxics Targeting 1/4 Mile Radius Map Hurtado Property Southold, NY 11971 N Suffolk County chemical Storage Facility Release Wastewater Discharge Pelmleum Buik Storage Facility Hazardous Waste [] Generator, Transp Air Release ~E]{ Civil Enforcemenl Docket Facilib/ Roads Major Radius County , · , , m m m Hurtado Property Toxics Targeting 1/4 Mile Closeup Map Hurtado Property Southold, NY 11971 Suffolk County NPL, CERCLIS, NYSDEC Inactive Hazardous Waste Disposal Registry or Registry Qualifying Site * MTBE Gasoline []Storer,Hazard°us Waste Treater,Disposer ' (~) Additive Spill O Hazardous Subslance SolidWaste Waste Disposal Site * ~ Facilgy * ~ MajorOil ~ Hazardous Storage Facility * Matedal Spill ** Chemical Storage Hazardous Waste ~ Facility *** ~ Generator, Transp. Release *** Release ~7 Wastewater En[orcement Docket Facility *** Petroleum Sulk Storage Facility Location Minor Roads Major Roads Radius Radius ~ Waterbody ** 1/2 Mile Search Radius Distance in Miles *** 114 Mile Search Radius 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. 667 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2003: RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, October 2L 2003~ at 5:35 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of the property owned by John. L. Hurtado, Sr. and John L. Hurtado~ Jr. identified as SCTM# 1000-79-5-20.15. The property is located on the north side of North Bayview Road, g4,proximately 598.12' east of the intersection of North Bayview Road and / Reydon Drive.' The proposed acquisition is for approximately 16.04 acres (subject to survey). The purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The landowner has voluntarily linked the preservation/development components of the John Hurtado and Others application with a separate and distinct parcel owned by J&C Holdings as contract vendee (SCTM# 1000- 79-2-7). The proposal includes the Town purchasing the 16.04 acres of the parcel known as John Hurtado and Others for open space purposes, and the Town purchasing 25.75 acres of the 37.75 acre parcel known as J&C Holdings for open space purposes. Six (6) residential lots are proposed on the rema'ming approximately 12 acres of the parcel known as J&C Holdings. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes. The purpose of the purchase is for open space and recreational (trail) purposes. Proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ October 21~ 2003, at 5:35 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the proper ,ty owned by John. L. Hurtado~ Sr. and John L. Hurtado~ Jr, identified as SCTM# 1000-79-5-20.15. The property is located on the north side of North Bayview Road, approximately 598.12' east of the intersection of North Bayview Road and Reydon Drive. The proposed acquisition is for approximately 16.04 acres (subject to survey). The purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The landowner has voluntarily linked the preservation/development components of the ,/John Hurtado and Others application with a separate and distinct parcel owned by J&C Holdings as contract vendee (SCTM# 1000- 79-2-7). The proposal includes the Town purchasing the 16.04 acres of the parcel known as John Hurtado and Others for open space purposes, and the Town purchasing 25.75 acres of the 37.75 acre parcel known as J&C Holdings for open space purposes. Six (6) residential lots are proposed on the remaining approximately 12 acres of the parcel known as J&C Holdings. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes. The purpose of the purchase is for open space and recreational (trail) purposes. Proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: October 7, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 16~ 2003~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Melissa Spiro Town Clerk's Bulletin Board Town Board Members Town Attorney John Hurtado and Others HEARING ON THE PURCHASE SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2003 5:35 P.M. OF THE PROPERTY OF HURTADO, SR. AND HURTADO, JR, SCTM #I000-79-5-20.15. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ October 21~ 2003~ at 5:35 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the property, owned by John. L. Hurtado~ Sr~ and John L. Hurtado~ Jr, identified as SCTM# 1000-79-5-20.15. The property is located on the n~rth side of North Bayview Road, approximately 598.12' east of the intersection of North Bayview Road and Reydon Drive. The proposed acquisition is for approximately 16.04 acres (subject to survey). The purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The landowner has voluntarily linked the preservation/development components of the John Hurtado and Others application with a separate and distinct parcel owned by J&C Holdings as contract vendee (SCTM# 1000- 79-2-7). The proposal includes the Town purchasing the 16.04 acres of the parcel known as John Hurtado and Others for open space purposes, and the Town purchasing 25.75 acres of the 37.75 acre parcel known as J&C Holdings for open space purposes. Six (6) residential lots are proposed on the remaining approximately 12 acres of the parcel known as J&C Holdings. The property is listed on the Town's Conununity Preservation Project Plan as property that should be preserved for open space proposes. The purpose of the purchase is for open space and recreational (trail) purposes. Proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. October 21, 2003 2 Public Hearing-Hurtado property I have a notification that it has appeared in the local Traveler-Watchman and it has appeared out there on the bulletin board. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anyone care to address the Town Board on this public hearing? ABIGAIL WICKHAM: Yes, I would just like to ask that Ms. Spiro's comments and my comments from the prior heating be incorporated into this record and I have nothing further. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: The J-C Holding parcel, the rest of this will be preserved and all of this piece over here will be preserved. Both preservation components are fee title acquisitions. The total land area to be purchased by the Town is approximately 41.79 acres. This breaks down to approximately 25.75 acres on the J&C Holding parcel and approximately 16.04 acres on the Hurtado parcel. Both properties are located within the Agricultural-Conservation Zoning District, otherwise known as A-C. Both properties are on our Community Preservation Plan as property that should be preserved and the purchases will be funded by the Community Preservation Fund. As most of you know, both of these properties were before the Planning Board for full density subdivisions. The Planning Board was undergoing the environmental review of these projects and several others in the vicinity, when the Town Board adopted the subdivision moratorium. The landowner will be able to go before the Planning Board for the proposed subdivision on the J&C Holding parcel once the Town Board passes a resolution to proceed with the preservation purchases and the contracts are signed by the Supervisor. It is likely that the preservation purchases will not close until final approval for the limited development is obtained from the Planning Board, but the town is prepared to close sooner should the landowner wish to do so. Between the two parcels there is another combined preservation/limited development project known as Zonmas. This project is under contract for the preservation component, and is undergoing review by the Planning Board for the development component. As I noted, the town will be acquiring the fee title to the land. Them are some existing trails on the properties, and the intent is to maintain and establish a passive recreational trail system, and to eventually link the trails to other preserved properties. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The purchase price is $38,000 per acre, and is the same for both projects. The purchase price is supported by appraisals for each property. Both the Land Preservation Committee and I recommend that the Town Board proceed with these acquisitions. Thanks. ABIGAIL WICKHAM: Good evening, my name is Abigail Wickham for J and C Holdings and I thank the Board for interrupting its important agenda to consider this, which is also an important part of your open space. I would like the Town Clerk to incorporate my comments from the public record on the moratorium into this hearing so I don't have to repeat them and I would like to just emphasize that this is a concerted effort of two prope~ies, the property under consideration at this hearing and what I presume will be the next heating. The contracts will specifically provide that the Town does not have to buy one parcel, if they cannot for some reason buy both nor will the purchaser be required to sell one if the Town decides not to buy the other. They are completely contingent and the limited subdivision component of the larger piece is also part of the contract. Everything will have to be in place before the Town closes, so I ask that you approve this resolution. Thank you. October 21, 2003 3 Public Hearing-Hurtado property SUPERVISOR HORTON: Okay, thank you. Are there other comments from the public on this public hearing? (No response) Okay, we will close this hearing and we will move on to the hearing that was set at 5:20 P.M. Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2003 5:30 P.M. HEARING ON THE PURCI{ASE OF A PORTION OF THE PROPERTY OF DOUGI~IERTY AND OTHERS~ SCTM #1000-79-2-7. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Prese~ation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdag~ October 21~ 2003~ at 5:30 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a portion of the property owned by Mary Grace Don#berry and Others, which is under contract to Forasthrook Builders, Inc Furestbroo~ Builders, Inc., is the Purchaser and Assignor to J&C Holdings, LP. The property is identified as part of SCTM #1000-79-2- 7 and is known as 5250 North Bayview Road. The property is located on the north side of North Bayview Road, approximately 226.76 west of the intersection of North Bayview Road with Jacobs Lane, in Southold. The proposed acquisition is for approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel. The purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The landowner has voluntarily linked the preservation/development components of the J&C Holdings application with a separate and distinct parcel owned by John Hurtado and Others (SCTM# 1000-79-5- 20.15). The proposal includes the Town purchasing the 25.75 acres of the parcel known as J&C Holdings for open space purposes, and the Town purchasing the entire parcel (approximately 16.04 acres) known as John Hurtado and Others for open space purposes. Six (6) residential lots are proposed on the remaining approximately 12 acres of the parcel known as J&C Holdings. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes. The purpose of the purchase is for open space and recreational (trail) purposes. Proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. October 21, 2003 2 Public Headng-Dougherty property FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Advertised in our local Traveler-Watchman newspaper and it has appeared on the bulletin board outside. SUPERVISOR HORTON: Is that it? Thank you, Councilman Wickham. Thank you, Town Clerk. Anybody from the public care to address the Town Board on this public hearing? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: I don't want to repeat everything that Councilman Wickham said, so I think I will just point to the map and explain a couple of things so that everyone understands what is going on. There are two parcels, this one is Forestbmok, we are calling it J-C Holding as the owner, until the contract has been signed to John Hurtado. This pamel down the road is also owned by John Hurtado and what he is doing is linking these two parcels together for preservation and development component. The development component is over here. The J-C Holding pamel, the rest of this will be preserved and ail of this piece over here will be preserved. Both preservation components are fee title acquisitions. The total land area to be purchased by the Town is approximately 41.79 acres. This break.q down to approximately 25.75 acres on the J&C Holding parcel and approximately 16.04 acres on the Hurtado parcel. Both properties are located within the Agricultural-Conservation Zoning District, otherwise known as A-C. Both properties are on our Community Preservation Plan as property that should be preserved and the purchases will be fimded by the Community Preservation Fund. As most of you know, both of these properties were before the Planning Board for full density subdivisions. The Planning Board w~s undergoing the environmental review of these projects and several others in the vicinity, when the Town Board adopted the subdivision moratorium. The landowner will be able to go before the Planning Board for the proposed subdivision on the J&C Holding parcel once the Town Board passes a resolution to proceed with the preservation purchases and the contracts are signed by the Supervisor. It is likely that the preservation purchases will not close until final approval for the limited development is obtained f~om the Planning Board, but the town is prepared to close sooner should the landowner wish to do so. Between the two parcels there is another combined preservation/limited development project known as Zoumas. This project is under contract for the preservation component, and is undergoing review by the Planning Board for the development component. As I noted, the town will be acquiring the fee title to the land. There are some existing trails on the properties, and the intent is to maintain and establish a passive recreational trail system, and to eventually link the trails to other preserved properties. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The purchase price is $38,000 per acre, and is the same for both projects. The purchase price is supported by appraisals for each property. Both the 1.and Preservation Committee and I recommend that the Town Board proceed with these acquisitions. Thanks. SUPERVISORHORTON: Thankyou verymuch. And again, exc~ller~t jot}'." Not 0nly on working on this but as far as the presentation as well. Would anyone else care to address the Board on this public' hearing? October 21, 2003 3 Public Hearing-Dougherty property ABIGAIL WICKHAM: Good evening, my name is Abigail Wickham for J and C Holdings and I thank the Board for interrupting its important agenda to consider this, which is also an important part of your open space. I would like the Town Clerk to incorporate my comments from the public record on the moratorium into this hearing so I don't have to repeat them and I would like to just emphasize that this is a concerted effort of two properties, the property under consideration at this hearing and what I presume will be the next hearing. The contracts will specifically pwvide that the Town does not have to buy one parcel, if they cannot for some reason buy both nor will the purchaser be required to sell one if the Town decides not to buy the other. They are completely contingent and the limited subdivision component of the larger piece is also part of the contract. Everything will have to be in place before the Town closes, so I ask that you approve this resolution. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments from the floor on this public hearing? (No response) Comments from the Board? (No response) We will close this public heating. Southold Town Board 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 Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 687 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2003: WHEREAS, the Town Board of the Town of Southold wishes to purchase the entire, approximately 16.04 acre (subject to survey) parcel identified as SCTM# 1000-79-5-20.15 at the purchase price of $38,000 (thirty-eight thousand dollars) per acre, pursuant to the provisions of Chapters 6 and 59 of the Code of the Town of Southold; and WHEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes; and / WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Conununity Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant imoact on the environment and declares a negative declaration pursuant to SEORA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 716 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2003: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition ora portion of the property owned by John. L. Hurtado, Sr. and John L. Hurtado, Jr, on the 21st day of October 2003, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEp. EAS, said property is identified as SCTM# 1000-79-5-20.15, and is located on the north / side c,~North Bayview Road, approximately 598.12' east of the intersection of North Bayview Road and Reydon Drive, in Southold; and WHEREAS, the proposed fee title acquisition is for the entire, approximately 16.04 acre (subject to survey) parcel; and WHEREAS, the landowner has voluntarily linked the preservation component of the application with a separate and distinct parcel owned by J&C Holdings (SCTM# 1000-79-2-7); and WHEREAS, the proposal includes the Town purchasing the entire, 16.04 acre parcel known as the Hurtado parcel for open space purposes, and the Town purchasing 25.75 acres of the 37.75 acre parcel known as J&C Holdings (SCTM# 1000-79-2-7) for open space purposes. A six (6) lot residential major subdivision is proposed on the remaihing, approximately 12 acres of the J&C Holdings parcel; and WHEREAS, on October 7, 2003, the Town Board granted a waiver from the provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" and granted the landowner permission to continue with the major subdivision application before the Planning Board, subject to the condition that the terms and conditions set forth in the application to the Town Board, specifically that the applicant enter into a contract of sale with the Town of Southold to preserve 100% of the parcel known as SCTM# 1000-79-5-20.15 and 68.2% of the parcel known as SCTM# 1000-79-2-7; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes; and WHEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails,/and limited parking for access purposes; and WHEREAS, the purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre and the exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; and WItEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space and recreational (trail) purposes; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the entire~ approximately 16.04 acres {subiect to survey} parcel identified as SCTM# 1000-79- 5-20.15 at the purchase price of $38~000 (thirty-eight thousand dollars) per acre~ pursuant to the provisions of Chapters 6 and 59 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 JOHN L. HURTADO, SR. and JOHN L. HURTADO, JR. to TOWN OF SOUTHOLD Open Space- 16.04 total open space acres 1.26 right of way acreage (excluded from purchase price) 14.78 buildable acres @ $38,000/acre Premises: North Bayview Road, Southold, NY SCTM #1000-79-5-20.15 Closing took place on Thursday, June 17, 2004 at 11:30 a.m., Southold Town Hall Purchase Price of $ 561,640.00 disbursed as follows: Payable to John L. Hurtado, Sr. Check #76930 Payable to John L. Hurtado, Jr. Check #76929 $ 280,820.00 $ 280,820.00 Expenses of Closing: 2003-04 Property Tax Reimbursement Payable to John L. Hurtado, Sr. and John L. Hurtado, Jr. (50~50 split -- $1,232.46 ea) 167 days @ $14.76/day Check #76929 & 76930 $ 2,464.92 Appraisal Payable to Patrick A. Given Associates Check #74311 $ 1,900.00 Survey Fox Land Surveying Reimbursed to John L. Hurtado Sr. and John L. Hurtado Jr. (50~50 split = $1,300.00 ea) Check #76929 & 76930 $ 2,600.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #74929 $ 1,100.00 Title Report Payable to Chicago Title Insurance Company Check #76927 Fee insurance Recording deed $ 2766.00 $ 150.00 $ 2,916.00 Title Closer Attendance Fee Karen Hagen, Esq. Check #76928 $ 75.00 Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. John L. Hurtado, Sr. Christine Hurtado John L. Hurtado, Jr. Abigail A. Wickham, Esq. Karen Hagen, Esq. Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller wife of John L. Hurtado, Sr. Seller Attorney for Seller Title Company Closer Land Preservation Administrative Asst ,'0 ?~,ci 30,, I:O ~ ~1,0 5~,~,1,,: )DL, 0"' VENDOR 008704 JOHN L. HURTADO,SR. 06/17/2004 CHECK 76930 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 P.O.# INVOICE 061704 061704 061704 DESCRIPTION OPEN SPACE-14.78 280 REIM-FOX SURVEYOR S 1 2003-04 PROP TAX RE 1 TOTAL 283 AMOUNT 820.00 300.00 232.46 352.46 TOWN OF SOUTHOLD ° $OUTHOLD, NY 11971.-0959 ,'O?r. ql]~,, ,:O i] i,l~Ot;l~&~d: r=~, O( 001, 0,' VENDOR 008705 JOHN L. HURTADO,JR. 06/17/2004 CHECK 76929 PTI1gD &, ACCOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 P.O.# INVOICE 061704 061704 061704 DESCRIPTION AMOUNT OPEN SPACE-14.78 280,820.00 REIM-FOX SURVEYOR S 1,300.00 2003-04 PROP TAX RE 1,232.46 TOTAL 283,352.46 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971,-0959 GIVEN PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 September 29, 2003 Melissa ,qpiro, Land Preservation Coordinator Town of Southold Land Preservation Committee' 53095 Main Road Southold, N.Y. 11971 Property of John U Hurtado, et al., S.C.T.M. #1000-79-5-20.15 Located Northerly side of North Bayview Road, Southold, NY File# 2003336 $1,900.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PA?RICK JE Date Trx.Date Fund Account ......................... Use Acti ,, 8/12/2003 8/12/2003 H3 .600 ., 8/12/2003 8/12/2003 H3 .600 .. 8/12/2003 8/12/2003 H3 .600 ., 8/26/2003 8/26/2003 A .60§ 9/09/2003 9/09/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 '' 11/18/2003 11/18/2003 H3 .600 :y: 12/02/2003 12/02/2003 H3 .6aa 12/02/2003 12/02/2003 H3 .600 3/09/2004 3/09/2004 H3 .6OD 3/23/2004 3/23/2004 H3 .600 4/06/2004 4/06/2004 H3 .600 4/20/2004 4/20/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detall--GLlOON .............. W-12022003-566 Line: 134 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 12/02/2003 SDT 11/26/03 Trx Amount... 1,900.00 Description.. APPRAISAL-HURTADO PROP Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK ........ 74311 SCNB Invoice Code. 2003336 VOUCHER ...... P.O. Code .... 11128 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 12/02/2003 Date Cleared. 12/31/2003 : F3=Exit F12=Cancel F21=Image : Fox Land Surveying P.O. Box 224 Speonk, NY 11972 (631) 325-2902 (631) 325-8777 fax BILL TO The Town of Southold c/o John Hurtado P.O. Box 1925 Southold, NY 11971 RE: Bayview Invoice DATE 1NVOICE # 2/4/2004 2004-54 DESCRIPTION AMOUNT Survey New Owner 2,600.00 Total $2,600.00 Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phon, J31-427-5665 Melville NY 1 I747 Fax: 631~427-5620 Invoice Property: 01115 Project: Hurtado Property Manager: Voorhis, Charles VA013~ To: Town of Souihold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY i 1971-0959 Attention: Greg Yakaboski Invoice #: 2185 Invoice Date: December 30, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $I,100.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 11/20 thru 12/10/03 Contract Amount: $1,100.00 Percent Complete: 100.00% Fee Earo~d: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 ;L108S 20 TOWN OF SOUTHOLD ** Actual ndor.. 01q161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 10/21/2003 10/21/2003 H3 11/06/2003 11/06/2003 H3 11/06/2003 11/06/2003 H3 11/06/2003 11/06/2003 A 11/06/2B03 11/06/2003 A 11/06/2003 11/06/2003 A 11/06/2003 11/06/2003 A 12/02/2003 12/02/2003 A 12/02/2003 12/02/2003 A 12/16/2003 12/16/2003 B 12/16/2003 12/16/2003 B 12/16/2003 12/16/2003 A 1/20/2004 1/20/2004 H3 1/20/2004 1/20/2004 H3 .Y. Select 600 600 600 6DO 6DO 600 6DD 600 600 600 600 6DD 6OD 6OD 600 1/20/2004 1/20/2004 H3 ......................... Use Acti Record(s) or Use Action Code Disburs Inquiry by Vendor ~ .............. Detail--GL100N .......... W-O1202Bg4-147 Line: 21S Formula: 0 : Account/.. H3 .600 : Acct Dasc ACCOUNTS PAYABLE : Trx Date ..... 1/20/2004 SDT 1/21/04 : Trx Amount... 1,1B0.00 : Description.. PHASE I ESA-HURTADO PROP : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 74929 SCNB : : Invoice Code. 218S : : VOUCHER ...... : : P.O. Code .... 11637 : : Project Code. : : Final Payment P Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 1/20/2004 : : Date Cleared. 1/31/2004 : : F]=Exit F12=Cancel F21=Image : VENDOR 003277 CHICAGO TITLE INSURANCE CO. 06/17/2004 CHECK 76927 FUND & ACCOUNT P.O.~ INVOICE H3 .8660.2.600.100 H3 .8660.2.600.100 DESCRIPTION AMOUNT 3803-01222 3803-01222 TITLE INS POLICY-HU 2,766.00 RECORDING DEED-HURTAD 150.00 TOTAL 2,916.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 lira0 ?~ q ~I~mlllm I:0 ~ l.l.10 I~I.iP-,I~I: VENDOR. 00'770? ~..~ I-IAQ~N &~ 00~ N Oil' o6/17/ oo4 CHECK 76928 FUND & ACCOUNT P.O. ~ H3 .8660.2.600.100 INVOICE DESCRIPTION AMOUNT 061704 TITLE CLOSER-HURTADO/T 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D D E E D I lilllllllllllilllllHIlllllllllllillflllflllttlflllll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Typ~ of'Instrument: DEEDS/DDD Number of Pages: 4 TRANBFE~.,IAX NUMBER:].'iB3'~49998: 1000 079.00 05.00 EXAMINED AND CHARGED AS FOLLOWS ~eed Amount: $561,640.00 [eC~iv~d the FollowingFees For Above Inst:ment 'TP~SS4 '.{ .. $5.00. RPT : $30.00 Transfer tax $0,00 TRANSFER TAX NUMBER: 03-49998 Exempt NO Handlin~ ~o NYS SRCH~ NO EA-STATE NO Cert. Coples NO SCTM NO ~o~.Prem Fees Paid THIS PAG~ IS A PART OF ~HE. INSTRUMENT THIS IS NOT A BILL Recorded: 07/02/2004 At: 10~50:54 AM LIBER: 7D00012328 PAGE: 609 Lot: 020.015 l}' Exempt $5;00 .'-NO $15.00 NO $50.00 NO $0.00 NO $0.00 NO ~0.00 NO $127.00 Edward P.Romaine County Clerk, Suffolk County Numbex of pa~s q Sub Total Deed / Mortgage T~.x Stamp TORRENS Serial# Cet'tfficate # Prior Cfi. # Deed / Mortgage Imtrument 31 Page / Fil.ing Fee . Handling 5. 00 TP-584 Notatina EA-52 17 (County) EA-5217 (State) R.P. TS.A. ~ 0 Comm. of Ed. 5. O0 Affidavit Certified Copy NYS Surcharge 15. 00 Other -- Sub Total Real Property Tax Sen, ice Agency Verification ~'804'1°°° 0790o o5oo o2ools 6 I S a~s fa~fionrdDisc haxges~leases List Property Owners Mailing Address RECORD & RETURN TO: //¢7/ Jul 02 !0:~:~4 ~, CLiff: OF PfC9 Recording / Filing Stamps Mol~ag, Amt. 1. Basic: Tax 2. Additional Tax Sub Total SgeedAssit. or Spec./Add. TOT. MTG. TAX Dual Town -- Dual Counly Held for Appoinm~:nt Transfer T~i Mansion Tax The property covered by ~ mortgage is or will be improved by a one or two family dwelling only. or NO II'NO, see approprlare tax clause on page #__ of thi~ immuneat $ ~ommUnf'ty Preservation Fund Consideration Amount $ ~/- CPF Tax Due, Improved Vacant Land TD 7 ] Title Company Information Suffolk County Recording & Endorsement Page ~---~/~ made: by: This pag~ fomas part of the attached (SPECIFY TYPE OF INSTR~ The premises herein is situal~d in SUFFOLK COUNTY,, NEW yOIL~ la the Toxin,hip of g~gt-~ ~1 in the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED O~ PRINTED IN BLACK I~, ONLy PRIOR TO RECORDING OR FILING. (or=) ICOhlSULT YOUR lAWYER aEFORE SIGNING mis I~UMENT-THIS INSmUMENT S~U~ BE US~ ~ ~E~ ONLY THIStNDENTU made~e /~ dayof June, B~EN ~ JOHN L. HUR~DO, S~, residing at 3400 L~ghthouse~oad, Southold, New York 11971, as to an und~id~ one~alf ~temst, a~JOHN L. HURT~O, JR., r~i~ing ~ 21 A~r Aven~, ~. Jam~, N~ York 1178b, as to an undi~ded on~h~ interest, in ~e ~y of the first pa~, and / THE TOWN O~OUT~, a munici~l ~oration ~ offi~ at 53095 Main Road. Southold, New Yo~ 1197~, p~ ~ ~he se~nd pa~. ~N~SETH, ~st the pa~ of the flint ~ in ~n~dem~n of TEN and ~/100- {$10.~) ~ollam, and o~er g~ and valuable ~sidemflon pal [ ~ ~e pa~ of ~e s~d ~ do~ h~ grant and release un~ ~e pa~ of ~e se~ paK, tbe helm or ~som and assigns df ~e pa~ of ~e s~nd pad ~ver, NI ~hat ~ pi ~ ~ ~ ~1 ~ la~, ~, yng and ~ing at ~W~, In ~e T~ ~ CoUn~ of ~lk a~ ~te of N~ Yor~ ~n and ~lgna~ ~ ~ No. [ as sh~n en a ~in ~p en~, "Nap ~ ~rl~ne C Hu~do, 3ohn L. HU~O, ar., ~m 3. H~do a~ ~ohn L. Hu~o, 3r." and fil~ in ~ ~ ~ t~ ~ ~ ~e ~un~ of Suffolk ~ 3u~ ~8, ~3 as Nap Numar [09~ ~ ~ ~re pa~larly ~un~ and d~ ~ ~GZNN[NG at a ~nt on the ~e~ s~e ~ No~ ~wlew ~d~ sam ~in~ ~g ~ato ~98.[2 ~ ces~r~ fr~ ~ in~on of ~e no~er~ ~ ~ Ne~ ~.~ and ~e ~ sM~ ~ ~d~ Drive; Running ~e~e ~ om said ~int or p~ce of ~inning, N~ 2~ d~ 47 mln~ ~ ~o~s ~ along ~ly sl~ ~ 5 ~iv~sbn Hep ~ ~n ~u~ ~1~ in ~he ~ of ~ Cle~ ~'s~k ~un~ as ~p ~5, ~[7.~ fe { ~ ~e ~erly s~ ~ land n~ ~ ~er~ of ~nlc Lshd Tr~; ~en~ SO~ 7D ~r~ 48 minutos [0 ~ ~ abng bnd ~w or fo~r~ ~ P~onic ~ Tm~ 7~.~ ~ence ~h ~ ~ 50 minu~s 23 ~s W~t al~ ~nd of ~ri~i~ C. Hu~do, ~ohn L Hu~ 5r.~ Deb~ 3. Hu~do ~nd ~hn L. Hu~o, 3r., 574.03 ~ ~ ~ ~r~ side of No~ ~ ~en~ ~uth ~ ~ 26 m~n~ 50 ~ds W~t al~g ~e noKh~ s~ of N~ ffeW~ew Eced, fee~ to land ~, ~r fo~er~ of)am~ C. ~y[e, [~[ and Patrida ~en~ No~ 3 d ~ 2[ mlnu~s 20 ~nds W~ along ~nd n~ ~ ~edy ~am~ C Bo~e, [[[ and PaMcia ~yle 26~.~6 f~ ~ land now or ~edy of 3~n L. E~he~ a~ Eo~ A. ~e along lana n~ or fo~rN often L. R~ and Ro~K A. ~e~ and la~ n~ or ~r~ ~rg~ 3. ~r~, Jr. ~he ~llowlng ~ur (~} coups'and dl~nces: ~ 26 min~ ~ ~on~ Ea~, 33[.77 ~ ~ a ~iof; ~ 07 min~ ~ ~onds Ea~, 29.8~ ~ ~ a ~]n~; ~ ~ min~ ~ ss~n~ ~st, ]70.00 ~ ~ a ~iof; ~ ~9 min~ ~ ~ W~ ~.~ ~t ~ ~e ~ s~ ~ a pr~ 50 ~ r~ht J~ 47 minu~es 00 ~nds W~ a~ng the ~ s~e of ~id Hght of way, 7~.~ de of No~h B~i~ ~r~ 42 min~ ~0 ~nds We~ alo~ ~e ~y ~de of No~ ~W~ ~ 387.78 ID~ ~ BE ~e ~me pmmisss as co~w~ by ~d da~ 7/8/02, ~r~ 8/~/02 in Liar 1) North 64 degr~ 2) North 36 de( 3) North 04 dec ~) North 85 de way; q~ence South to the northerly Thence Nor~ feeZ to the point BEING AND INTI 12:~02 page SUBJECT TO r SUBJECT TO TOGETHER wit1 abutting the aba the estate and ds of others, if any. to maintain the stone wall on the easterly side of the premises. vesants and restrictions as described in Schedule 'A' annexed hereto. ail fight, title and interest, if any. of the party of the first part in and to any streets and roads ~e described premises te the center lines thereo~. TOGETHER with the appurtenances and all ihts of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted ulhto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party df the first part covenants that the per[y of the first part has not done or suffered anything whereby the saidlpremises have been encumbered in any way whatever, except as afl3msaid. AND the party of the flint paR, in compliance wh~h Secbon 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and wll hold the right to receive such consideration as a trust fund to be a, ppl~ed first for the purpose of paying the cost of the ~mpro~,~l~ent and w~ll apply the same first to the payment ef the cost of the improvement before using any part of the total of the same for any other purpose. The word party' shall be construed as ~f it read parties when ever the sense of th~s indenture so mquires. IN t~I'NESS W tEREOF, the party of the first part has du¥ executed this (Jeed the day and year first above IN PRESENCE OF: ~ _- oh L.~, ~a Sr. TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW yOEK STATE State of New York, County of Suffolk State of New york. County of Suffolk ss: ss: [-~ ~-h Onthe /7 d~ayof June intheyear 2004 Onthe dayof June, intheyear 2004, before me, the undersigned, p~rsonally appeared before me, the undersigned, personaJly appeared JOHN L. HURTADO, SR. AND JOHN L HURTADO, JR. JOSHUA Y. HORTON .persgne/ly known to me or proved to me on the basks of personally known to me or proved te me on the basis of satisfactory evidence to be t~e individual(s) whose name(s) is satisfactory evidence to be the individual(s) ~os® name(s) is · (are) subsc~bed to the within~0st~'ument and acknowledged to (are) subscribed to the v~thin in~stlVment and acknowl~lged to me that he/she/they e.~ecd[ed the same in bis/her/their me that he/she/they executed, the same in his/her/their capacity(les}, and that by ;3is/her/t~eir signature(s) on the capecit~ies), and that by his/hsr~heir signature(s) o~ the instrument, the indiVidual(s), er the person upon behalf of ~rt[ch ins~ume~t, the incF~idual($), orthe person Upon behalf of which Co.minion E~ ~re~ S~L 30,~ State (or Disb'ict of Columbia, BARGAIN AND SALEiDEED WITH COVENANT AOA~NST GRANTOR'S ACT~ Title No. JOHN L HU~TADO, AND JOHN L. HURTADO, JR. THE TOWN ~)F SOUTHOLD ~by :~i~ Coml{nonw~alth , co~,to~',r.~n~ L.~m ~L~ co~.~'-~' SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS Recon~ed at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RE3URN BY MAIL TQ; SCHEDULE "A" TO DEED MADE BY JOHN L...HURTADO. SR. AND JOHN L. _HURT.ADO. JR. ~O THE TO~2q OF SOUTOHLD DATED JUNE 17. 2004 / The premis!s described herei~ are tmmferred subject to the following additional res~ictions, to ~vhieh the party of the second part covenants and agrees: l) [he proi?rt3' wall remain uadeveloped m pe~pemtty for use ~s open space, a na~.n'e preserve and/oi~ a pa~sh,e recreational area with teails, which ~ses may inchide limited parkiJag for access purposes. An information kiosk ma3, be conS~eete~. Use oD. he propo~_- shall ~lso,~ conducted in, accordance with applicable regulafibns governing open space in ~he Towi~ of Sotttho!& (Chal~er 59 of the Town Code of the Town of Southold and ~ny saccessor chapter, now or as k may be ~aended). 2) The interest acq~Ered by the Town of Southold shall not hex-earlier be dienatnd except upon ~ affirmative vote of a majority of the Tov~a Board after a public hearing thereon and Ul~On the approval by the electors of the tox~a voting on a proposition subnfittt4 at a~pe~ial Or biennial town election_ No subseqt/ent amendment of tb.e previsions of ~ae subsection shall alter the 1/mirafion imposed upan the alieoation of the fee or any less~r ii, ereCt or fight acquired by the tovm prior to an5- such.amendment. 3) These additi~n~ restrictions shall run with the land and shalJ, bind the TOWN OF SOUTHOLD,lits ;ucc~ssors and assigns. IN WITNESS:WHEREOF, the parties have du y executed tl~s instrument on this 17s~ day of Ju~e, ~004. 1 re 'httrtsch T I T L E P 0 L I C Y AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED CHICAGO TITLE INSURANCE COMPANY SUBJECT TO TI-IE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 330 OLD COUNTRY ROAD MINEOLA, NY 11501-4122 (800) 521-0114 (516) 742-5000 CHICAGO TITLE INSURANCE COMPANY ATTEST Reorder Form No. 8235 (Reprinted I 0/00) ALTA Owner's Policy (10-17-92) w/New York Coverage Endorsement Appended JUN 17 2004 12:35 FR CHICAGO TITLE 51G 741 0991 TO lS31?G51883 P.02 CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POUCY (10-17-92) WITH NL=~N YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) Title Number 3803-01222 1. Name of insured; ?OWN Ol~ Sot~rEOSD SCHEDULE A Effective Date ~tne 1'7, 2004 Amount of Insurance ~561,64,0.00 2. The estate or interest in the land whloh is covered by this Policy is: 3, T~e to the estate or Interest in the land is vested in the insured by: A DKED FROM JO~XN L. HUi~TADO, SR. AND JO}~T L. HURTADO, DATED 06/17/04. JR., TO THE INSURED, 4. The land referred to In this Policy is described as follows: TOTAL PRGE.0~ ** Policy No.: 3803 -01222 SCHEDULE A DESCRIPTION ALL TI{AT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT BAYVIEW IN THE TOWN OF SOUTHOI~D, COUNTY OF SUFFOLK A-ND STATE OF NEW YORK KNOWN AND DESIGNATED AS LOT NO. 1 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF CHRISTINE C. HURTADO, JOHN L. BURTADO SR. DEBRA J. HURTADO AND JOHN L. HURTADO JR." AND FILED IN THE OFFICE OF THE CLERK OF TI-IE COUNTY OF SUFFOLK ON JUNE 18, 2003 AS MAP NUMBER 10964, SAID LOT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF NORTH BAYVIEW ROAD; SAID POINT BEING SITUATE 598.12 FEET EASTERLY FROM THE INTERSECTION OF THE NORTHERLY SIDE OF NORTH BAYVIEW ROAD AND THE EASTERLY SIDE OF REYDON DRIVE; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING, NORTH 20 DEGREES 47 MINUTES 00 SECONDS EAST A~ONG THE EASTERLY SIDE OF SUBDIVISION MAP OF REYDON COURT FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COU~Y AS MAP NL~ER 8395, 1117.84 FEET TO THE SOUTHERLY SIDE OF LAND NOW OR FORMERLY OF PECONIC LAND TRUST; THENCE SOUTH 70 DEGREES 48 MINUTES 10 SECONDS EAST ALONG LAND NOW OR FORMERLY OF PECONIC LAND TRUST 740.30 FEET TO A POINT; THENCE SOUTH 00 DEGREES 50 MINUTES 23 SECONDS WEST .~J~ONG LAND OF CHRISTINE C. HURTADO, JOEN L. HURTADO SR., DEBRA J. HURTADO AND JOWN~. HURTADO JR., 574.03 FEET TO THE NORTHERLY SIDE OF NORTH BAY-VIEW ROAD; THENCE SOUTH 64 DEGREES 26 MINUTES 50 SECONDS WEST ALONG THE NORTHERLY SIDE OF NORTH BAYVIEW ROAD 554.14 FEET TO LAND NOW OR FORMERLY OF JAMES C. BOYLE III AND PATRICIA BOYLE; THENCE NORTH 3 DEGREES 21 MINUTES 20 SECONDS WEST ALONG LAND NOW OR FORMERLY OF JAMES C. BOYLE III AND PATRICIA BOYLE 262.16 FEET TO LAND NOW OR FORMERLY OF JOA/~ L. ROCCHETTA ~ ROBERT~A. ROCCHETTA; THENCE ALONG LAND NOW OR FORMERLY OF JOAN L. ROCCHETTA AND ROBERT A. ROCCHETTA ~ ~ NOW OR FORJVlERLY OF GEORGE J. BEREY JR. THE FOLLOWING 4 COURSES A-ND DISTANCES: 1. NORTH 64 DEGREES 26 MINUTES 50 SECONDS EAST 331.77 FEET TO A POINT; 2. NORTH 36 DEGREES 07 MINUTES 00 SECONDS EAST 29.84 FEET TO A POINT; 3. NORTH 04 DEGREES 41 MINUTES 00 SECONDS EAST 170.00 FEET TO A POINT; 4. NORTH 85 DEGREES 19 MINUTES 00 SECONDS WEST 260.00 FEET TO THE F~TERLY SIDE OF A PRIVATE 50 FOOT WIDE RIGHT OF WAY; THENCE SOUTH 20 DEGREES 47 MINUTES 00 SECONDS WEST ALONG THE EASTERLY SIDE OF SAID RIGHT OF WAY 760.00 FEET TO THE NORTHERLY SIDE OF NORTH BAYVIEW ROAD; THENCE NORTH 74 DEGREES 42 MINUTES 10 SECONDS WEST ALONG THE NORTHERLY SIDE OF NORTH BAYVIEW ~±v'E 387.78 FEET TO THE POINT OR PLACE OF BEGINNING. PLEGkL P~ioy NO.: 3803 -01222 FOR INFORMATION ONLY: SCHEDULE A DESCRIPTION (Continued) DISTRICT 1000 SECTION 079.00 BLOCK 05.00 LOT 020.015 Policy No.: 3803-01222 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. COVENANTS AND RESTRICTIONS IN LIBER 12048 CP 69 AND LIBER 12235 CP 628. TELEPHOI~E EASEMENT IN LIBER 11653 CP 334. ELECTRIC EASEMENT IN LIBER 2794 CP 397 AND LIBER 6922 CP 428. 50 FOOT RIGHT OF WAY AS SHOWN ON FILED MAP. RIGHT OF WAY INLIBER 7559 CP 24, LIBER 7778 CP 147, LIBER 11582 CP 18 AND LIBER 11789 CP 824. 2. SURVEY MADE BY FOX LAND SURVEYING DATED 1/29/04 REDATED 6/2/04 SHOWS VACANT LAND. ALSO SHOWS 50 FOOT RIGHT OF WAY CROSSING CENTER OF PREMISES, BRICK WALLS, STONE WALL ENCROACHING AN UNDETERMINED DISTANCE WEST OF EASTERLY RECORD LINE, UTILITY POLES, EDGE OF CLEARING, VARIATIONS BETWEEN FENCES AND RECORD LINES. NO OTHER ENCROACHMENTS. 3 . EXCEPT RIGHTS OF UTILITY COMPANIES TO OPERATE AND MAINTAIN UTILITY POLES AS SHOWN ON SURVEY HEREIN. EXCEPT RIGHTS OF OTHERS THAN THE INSURED TO MAINTAIN THE STONE WALL ENCROACHING ~LN UNDETERMINED DISTANCE WEST OF EASTERLY RECORD LINE AND EDGE OF CLEARING EXTENDING AN UNDETERMINED DISTANCE INTO SUBJECT PREMISES. 5. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED. -SCHEDULE B- ENDORSEMI~NT Attached to and made a part of Policy No. 3803-03.222 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. 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." 2. 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 re ts. Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated: June 17, 2004 atory STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) CHICAGO TITLE INSURANCE COMPANY 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 o: expenses which arise by mason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordi- nances, 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 improvement 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, of the effect of any violation of these laws, ordinances or governmental regulations, 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 encumbranc~ 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 rmtice 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; (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 insurad 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 bas- ed on; (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent con- veyance or fraudulent transfer; or (11) 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: (a) to timely record the instrument of transfer; or (b) of such recordation to impar~ notice to a purchaser for value or a judgment or lien creditor. '~! CONDITIONS AND STII~ULATIONS 1. DEFINITION OF TERMS The following terms when.used in this policy mean: la) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those ~ho succeed to the interest of the named insured by operation of law as ~istinguished from purchase including, but not limited to, he rs, d s r butees, ~evisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (bi "insured claimant": an insured claiming loss or damage. lc) "knowledge" or "known": actual knowledge, not constructive knowl- edge 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 construc- tive notice of matters affecting the land. (dj "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in ~.butting streets, roads, avenues, alleys, Janes, ways or waterways, but noth- ing herein shai~ modify or limit the extent to which a right of access to and from the land is insured by this policy.. { ) odgage mortgage, deed of trust, trust deed, or other security instrument. (fi "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for va~ue and without knowledge. With respect to Section 1 (a)(iv) of the Exclusioos 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 affecting entitle a purchaser of the estate or interest described in Schedule A to be 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 Ihe land, or holds an indebtedness secured by a purchase money mortgage liability by reason of covenants of warranty made by the insured in any interest in the tand, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4la) below, (ii) in case knowledge shall come to age for which the Company may be tiable by virtue of this policy, or (iii) if title to shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shalt 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 la) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its insured in litigation in which any third party esserts 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 right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shatl not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or which allege matters not insured against by this pa~icy. ,Tbe Company shall have the right, al its own cost, to institute and cute any action or proceeding or to do any other act which in its opinion ~be necessary or desirable to establish the t e to the estate or ioterest, as may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph it shall do so diligently. lc) Whenever the Company shall have brought an action or ioterposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction 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 prose- cute or provide for the 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 option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (ii in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action o~ pro- ceeding, or~effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company' is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Coodi- lions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant sha~l ascertain the facls giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of toss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of ross or damage. In ~ddition. the insured claimant may reasonably be required lo submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- able times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any autho- rized representative of the Company, the insured claimanl shall granl iis permi~sio?, in writing, for any authorized representative of the Company to examine, respect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a third party, which reason- ably pertain to the 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 judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reason- ably requested information or grant permission to secure reasonably neces- sary information from third parties as required in this paragraph shall termi~ hate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this poticy, the Company shall have the following additional options: la) TO Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the ti me of payment or tender of payment and which the Company i~ obligaled to pay. Upon the exemise by the Company of this cption, all liability and obligations to the insured under this policy, other than to [:3ake the payment required, shall terminate, inciuding any liability or obligation to defend, prosecute, or con- tinue any litigation, and the policy shall be surrendered to the Company for cancellation. (bi To Pay or Otherwise SeUle With Parties Other than the Insured or With the Insured Claimant, (ii to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' 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; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant 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 ct 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. shall terminate, including any liability or obligation to defend, prose- cute or continue any litigation. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE I This policy is a contract of indemnity against actual monetary loss or dam- e sustained or incurred by the insured claimant who has suffered loss or damage by reason of ma~ters insured against by this policy and only to the extent herein described {a) The liability of the Company under this policy shall not exceed lhe leasl of: (i) 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 Da~e of Policy is less than 80 percent of the value ofth~ insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated.in Schedule A, then this Policy is subject to lhe following: (i) where no subsequent improvement has been made, as to any partial loss. the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceed s, in the aggregale, 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 alfecting one or more of esParCelsbut lhe lOSS shall beand settled rata not all, computed on a pro is as if the amount of insurance under this policy was divided pro rata as to he 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 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 delech lien or encumbrance, or cures the lack of a right of access to or from the iand, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused lhereby. (b) In the event of any ~itigation. including litigation by the Company or wilh the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdic- lion, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys* fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE I1 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 ex- ecuted 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, PAYMENT OF LOSS payment shall be made without producing this policy for endorse- merit of the payment unless the policy has been lost or destroyed, in which case proof of loss or deslruction shall be furnished to the satisfaction of the Company. (b) When liability andthe extent of loss or damage has been definitely fixed in accordance with these Conditions and Slipulations. 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. the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue. compromise or settle in lhe name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving ~hese rights or remedies, If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and reme- dies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any acl of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, Iosl to the Company by reason of lhe impair- ment 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 indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any lerms or conditions contained in those inslruments which provide for subroga- tion 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 limiled to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service o! the Company in connec- tion with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1.000,000 shall be arbitrated only when agreed 1o by both the Company and the insured. Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof, The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a} This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and cont racl between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole. (b} Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either Ihe President, 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 unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect, 17. NOTICES, WNERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the issuing office or to: Chicago Title Insurance Company Claims Department · - , 17:~ N°rth'~l"~k Street Chicago, I1~, '~ 60601-3294 P R O P E R T Y R E C O R D S MELISSA A. SPIRO ~ND 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: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator July 7, 2004 JOHN L. HURTADO~ SR. and JOHN L. HURTADO~ Jr. to TOWN OF SOUTHOLD SCTM #1000-79-5-20.'15 AMENDED Please be advised that the Town has acquired open space property as listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: SELLERS: PURCHASE DATE: PURCHASE PRICE: TOTALACREAGE: FUNDING: MISCELLANEOUS: North Bayview Road, Southold John L. Hurtado, Sr. and John L. Hurtado, Jr. Closing took place 6/17/04 $561,640.00 ($38,000/buildable acre) purchase price divided equally between sellers = $280,820.00 ea 16.04 acres (purchase price based on 14.78 buildable acres) CPF (2%) Funds This property is listed in the Town's Community Preservation Project Plan. NORTH TOttrN OF $OUTtfOLD ~-~'~"~'L2'" '/ '"'~ ~ ~ * ~ / ,~~~~~ ~/// ~ - COUNTY OF SUFFOLK ~ ~ ...... ~ SOUTHOLD SECTION NO , 079 Rea Pro~rt~ Tax Service A E R I A L S 2001 Aerial Premises: n/s North Bayview Rd, Southold Open Space - 16.04 acres S U R V E Y 598.12' JUN - 3 2004 DEPP OF LAND PRESERVATION S70'48'10"E Lot .5 co Subdivision Mop_.P/ock SheUfisher Preserve Surf. Co. File No. 9700 (now or formerly Peconic [-ond Trust, Incorpero~ed) oo~ or ~ormedY George j, Berry, 740.30' ~ o o FINAL SURLY JUNE 2, 2004 ~E~E,~L DATE: JAN. 29, 2004 JOB NO: 2004-055 NORTH NOTES: 4. PARCEL TO BE CONVEYED TO THE TOWN OF SOUTHOLD FOR OPEN SPACE PURPOSES 16.04 ACRES. Survey for: TOWNOF$OUTHOLD At BayvievJ Town of $o'~hold Suffolk County, New York SCALE: 1"=100' NOTES: 1. TOTAL AREA = 698,702 S.F. OR 16.04 AC, AREA OF RIGHT OF WAY = 54,657 S,F. OR 1.26 AC. 2. B: MONUMENT FOUND, ~, = STAKE FOUND. 5. RE:PARCEL 1 OF SETOFF MAP PREPARED FOR CHRISTINE C. HURTADO, JOHN L. HURTADO, SR.. BEBRA J. HURTADO ~ JOHN L. HURTABO, JR, PREPARED BY FOX LAND SURVEYING & APPROVED BY THE SOUTHOLD PLANNING BOARD ON JUNE 09, 2003 AS FILE NO. 10664. CERTIFIED TO: TOWN OF SOU~OLD CHICAGO TITLE INSURANCE COMPANY DASD H. FO~ ' N.%S. LS, #5025¢ POX IAI'VD SURVEYING PO BOX 224 SPEONK, N.Y, 11972 (631) 325-2902 DWG: 2004-054