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Home My WebLink AboutSidor (Caracciolo)1000-100-4-2.2 (f/k/a 1000-100-4-p/o 2) Baseline Documentation Premises: 1250 Oregon Road Mattituck, New York 20.526 acres Development Rights Easement JOHN SIDOR, JR., EDWARD & ALTHEA SIDOR, as Trustees of the Edward Sidor Revocable Trust, and HELEN A. KRUPSKI, as Trustee of the Helen A. Krupski Revocable Trust to TOWN OF SOUTHOLD Easement dated June 21, 2000 Recorded August 10, 2000 Suffolk County Clerk - Liber 12062, Page 295 SCTM #: Premises: 1000-100-4-2.2 (f/k/a 1000-100-4-p/o 2) 1250 Oregon Road Hamlet: Mattituck Purchase Price: Funding: $228,230.00 (19.675 buildable acres $11,600/acre) Agricultural Lands Preservation Capital Funds Total Parcel Acreage: 22.362 acres Development Rights: 20.526 easement acres (includes 0.851 acre LIPA easement excluded from purchase price) LIPA Easement: 0.851 acre Reserved Area: 1.836 acre Zoned: A-C Existing Improvements: In March 2000 - Easement area is farmed land; 60-~ ft LIPA easement with electrical tower Reserved Area includes two story house, garage, barn and hedge I I I I i DESCRIPTION LAND The subject is a parcel of land having an area of 22.1+ acres. It should be noted that it is part of a larger parcel having an area of 24.1+ acres, however, for the purpose of this appraisal we will exclude a 2 acre section containing the existing improvements. The subject is further described as follows: having a westerly boundary of 1,410+' along Mill Lane, running thence easterly 690+' along the southerly side of Oregon Road, running thence southerly 1,755+', thence westerty 650+' for a total area of 24.1+ acres. The 2+ acre area containing the existing improvements is located along Mill Lane. In addition, we have been asked to appraise the subject without a 2+ acre lot located adjacent to the previously mentioned lot on its easterly side. Therefore, the area appraised under this scenario is 20.1+ acres. The above dimensions are taken from the Suffolk County Tax Map. We have included a copy of the Tax Map in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage. Oregon Road and Mill Lane are two way, two lane, publicly maintained macadam paved roads with shoulders. The property has a generally level topography and is mostly cleared. It is situated at or near road grade. It contains haven loam and riverhead sandy loam soils. DESCRIPTION (CONTINUED) IMPROVEMENTS The subject being appraised ~s unimproved vacant land. The existing improvements on the larger parcel of which the subject is a portion, include a dwelling and barn. These improvements are not considered in this analysis. PRESENT USEAND OCCUPANC~ The subject is in use as a farm, A P P R A I S A L R E Q U E S T LAND PRESERVATION COMMITTEE TOWN OF SOUTHOLD Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-6145 Telephone (631) 765-1800 FEB 2 2 LAND PRESERVATION COMMITTEE MEETING, FEBRUARY 7, 2000 MINUTES Present were: Dick Ryan, Joe Krukowski, Ray Huntington, Jim Pim, Noreen McKenna, Fred Lee, Marian Sumner, Brian Murphy Greg Yakaboski, Maureen Culllnane and Lou Caracciola. Lou Caracclola spoke to the Committee. He is planning to purchase a farm from the Stdor family. He has a nursery in Jamesport and is planning to grow shrubs on this farm. A contract is written but not signed. He is planning to move into the house on the property and possibly set off one additional lot. Once he is in contract with the Sidors, we can order an appraisal. I{~O0-1~h~l- P R 0 P E R T Y V I S U A L S 2 COUNTY OF SUFFOLK Real Property Tax Service Agency Tax Map Location I I I I I I I I 1 ! ! I I PHOTOGRAPHS OF SUBJECT VIEW OF SUBJECT OREGON ROAD FACING EAST R-80 ~ A--C R~-EO ! [ Zoninl~ Map) k 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 1 Environmental Site Assessment 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 and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Town of Southold, County of Suffolk, New York. The subject property is a 22.0 acre parcel of farmland which does not contain any structures. The property is located on the southeast corner of Mill Lane and Oregon Road. The property is more particularly described as Suffolk County Tax Map # 1000-100-04-2. The subject property consists of 22.0 acres of land that is utilized as active farmland. A house and barn are located in the southwest corner of this property encompassing approximately two (2) acres of land. This portion of the property will not be included as part of the development rights purchase. An irrigation well with a diesel engine and 275 gallon diesel fuel storage tank was observed in the southeast potion of the property. The tank was partially underground and staining was observed beneath the engine. An inspection of the property did not reveal any staining residue, odors or stressed vegetation, except as previously noted. An extensive government records search found no potential sources of environmental degradation on the subject property. Several F'ederal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, a closed spill incident located at the northwest corner of the Oregon Road and Mill Lane, caused by a leaking fuel oil truck xvas reported as well as a closed LUST incident. Since both incidents are closed, no adverse impacts are expected to be imposed on the subject property. In conclusion, this assessment has revealed evidence of the follo~ving recognized environmental conditions in connection ~vith the subject property, subject to the methodology and limitations of this report. The irrigation well located in the southeast portion of the property is operated by a diesel engine. This engine is supplied by a 275 gallon fuel oil storage tank which is partially under~ound. Stained soil was observed beneath the engine. As a result, the stained soil should be removed and disposed of in accordance with applicable state requircmcutz. In addition, the partially underground diesel fuel tank should be investigated to determine if any release has occurred. I I I I I I I I I I Sidor Properi~, East ,~lattituck Phase I ESA FIGURE 1 LOCATION MAP Source: Precision Mappino. =. 199<-96~ Page 7 of 25 I I I I I FIGURE 2 SITE MAP Falm Field ~ Tm~Lk Pas¢ 9 of 2~ FIGURE 3 GROUNDWATER CONTOUR MAP I I I I I I 53322 53326j~. 53329 53325- N '53333 3926c. · 51582 N '53332 '16756 ' ~ '8558 53324 '" ' 5332 7 Souu:z: S~'olk C~ry Dcp~"m',~'nt of I:'amllim Services ~ORT~ P~,e 16 of 25 OVERVIEW MAP - 481330.1s - Nelson, Pope & Voorhis LLC I ! Target Property Sites at elevations higher than or equal to the target property · Sites at elevations lower ~h~n the target property I, Coal Gasification Sites (if requested/ ] National Priority List Sites ] ~andfill Sites TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: ?~' Oil& Ga.s pipelines ' 500-year flood zone Wetlands Inventory 11994) Sidor Properly Oregon Road East Mattituck NY 11952 41.0108 / 72.5339 CUSTOMER: CONTACT: INQU[RY¢: DATE: Nelson, Pope & Voorhis LLC Sleven J. McGinn 481330.1s April 05, 2000 8:16 am DETAIL MAP - 481330.1s - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target proDerty the target property & Coa Gas ica on Si es if reques ed/ ~'~ National List Sites r'~ La. ndfi[I Sites TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: · ' Power transmission lines ?., Oil& Gas pipelines 500-year flood zone Wetlands per National Wetlands Inventory ( 19941 Sidor Property Oregon Road East Mattituck NY 11952 41.0108 l 72.5339 CUSTOMER: CONTACT: iNQUIRY~: DATE: Nelson, Pope & Voort~is LLC Steven J. McGinn 481330.1s April 05, 2000 8:17 am PHYSICAL SETTING SOURCE MAP - 481330.1s Major Roads Contour LJnes Water Wells Public Water Supply Wells Groundwater Flow Direction Indeterminate Groundwater Flow at Location Gro~Jndwater Flow Varies at Location ~ Cluster of Multiple Icens Earthquake epicenter, Richter 5 or greater Closest Hydrogeological Dat~ TARGET PROPERTY: Sidor Properq/ CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Oregon Road CONTACT: Steven J. McGinn CITY/STATE/ZIP: East Mattituck NY 11952 INQUIRY ~': 481330.1s LAT/LONG: 41.0108 / 72.5339 DATE: April 05. 2000 8:~7 am 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 OFFICEP~ 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 WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH la.. 2000: RESOLVED thst the Town Board of the Town of Southold hereby sets 8:02 P.M., Tuesday, March 28, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of acquisition of certain parcel of property from Louis Caracciolo, for purchase of development rights in agricultural lands under Chapter 25 of the Town Code. Property Ioceted at south side of 1250 Oregon Road, Cutchogue, New York, SCTM # t000.-100-O4-002, comprising approximately 22.1 acres, at a price of $11,600.00 per acre. A. Nbville Southold Town Clerk March 1~. 2000 PUBLIC HEARING MARCH 28, 2000 8:02 P.M. ON THE ACQUISITION OF DEVELOPMENT RiGHTS ON PROPERTY RIGHTS ON PROPERTY OF CARACCIOLO, SCTM #1000-100-04-002. Presenl: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richer Town Cle;k Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman William D. Moore SUPERVISOR COCHRAN: We will move on to the heating, the acquisition of development tights on property of Caracciolo. COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public h/earing on the 28th day of March, 2000 at 8:02 P.M. at the Southold Town Hall, 53095 M, iin Road, Southold, New York, on the question of the acquisition by the Town of Southold o3 approximately twenty two point one (22.1) acres of the agricultural land of the property of Louis Caracciolo, at the price of$11,600.00 per acre, which acres are part of the parcel of land known as development rights in SCTM# 1000-100-04-002 located on the south side of Oregon Road, Cutchogue, New York. Further Notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: March 14, 200.0. Elizabeth A. Neville. Southold Town Clerk." There is a SEQRA resolution in here. We have an affidavit that it was posted on the Southold Town Clerk's Bulletin Board, and there is not other correspondence in the file. SUPERVISOR COCHRAN: Okay, you have heard the reading of the proposed purchase for development tights. Mr. Ryan, Chairman of the committee, would you like to share with us, and also show us where it is on the map? DICK RYAN: Good evening. The property that is the subject of the hearing is this parcel over here. I might point out while I am standing here, that the uppermost red parcel in fact now should be green, is the Lieb parcel that was recently closed, and this other red parcel AL KRUPSKI: Just a question, is there a survey available to review at this time? COUNCILMAN MURPHY: Subject to the survey. SUPERVISOR COCHRAN: Anyone else have any questions? (No response.) If not, I will close this hearing. Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 28. 2000: WItEREA$ the Town Board of the Town of Southold is planning to acquire real property from Louis Carraciolo consisting of approximately 22.1 acres, located at SCTM #1000-100-04-002; be it RESOLVED that the Town Board of the Town of Southold declares this tO be an Unlisted Action under the SEQRA rules and regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED that the Town of Southold is the lead agency and there are no other involved agencies for SEQRA purposes pursuant to 6 NYCRR 617.6 et. seq.; be it further RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form prepared for this project and attached hereto, makes the determination of significance for this project, to be that there will be no significant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA rules and regulations, 6 NYCRR 617.7 et. seq. Southold Town Clerk March 28. 2000 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 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 WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 28. 2000: WHEREAS Louis Caracciolo has offered to sell the development rights in agricultural lands under Chapter 25 of the Town Code, to the Town of Southold; and WHEREAS the Town Board of the Town of Soutliold held a public hearing'on the question of the acquisition of the Caracciolo property on the 28th day of March, 2000 pursuant to the provisions of Chapter 25 of the Town Code, at which time all interested persons were given an opportunity to be heard; and WHEREAS the Town Board deems it in the public interest that the Town of Southold acquire the development rights to the Caracciolo property; now therefore be it RESOLVED that the Town Board of the Town of Southold elects to purchase the Carraciolo property consisting of approximately 22.1 acres, located at SCTM# 1000- 100-04-002 for a price of $11,600.00 per acre. Southold Town Clerk March 28. 2000 C L O S I N G S T A T E M E N T CLOSING STATEMENT JOHN SIDOR, JR.; EDWARD & ALTHEA SIDOR, as Trustees of the Edward Sidor Revocable Trust; and HELEN A. KRUPSKI, as Trustee of the Helen A. Krupski Revocable Trust to TOWN OF SOUTHOLD Total Development Rights Easement - 20.526 acres minus LIPA easement - 0.851 acre 19.675 acres @ $11,600/acre Premises: 1250 Oregon Road, Mattituck, New York SCTM #1000-100-4-2 Closing took place on Wednesday, June 21, 2000, at 2:30 p.m., Southold Town Hall Conference Room Purchase Price of $ 228,230.00 disbursed as follows: Payable to Helen Krupski Revocable Trust Check #057586 (6/20/00) Payable to Edward Sidor Revocable Trust Check #057588 (6/20/00) Payable to John Sidor, Jr. Check #057589 (6/20/00) $ 76,077.00 $ 76,076.O0 $ 76,077.0O Expenses of Closing: Appraisal Payable to Patricak A. Given, SRPA Check #056138 (3/14/00) Survey Payable to Anthony W. Lewandowski Check #056582 (4/11/00) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #057587 (6/20/00) $ 1,800.00 $ 3,500.00 $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check ~057591 (6/21/00) Fee insurance Recording deed $1,234.00 $ 83.00 $ 1,317.00 Title Closer Attendance Fee Karen Hagen, Esq. Check #057592 (6/21/00) $ 50.00 Those present at Closing: Jean W. Cochran Gregory F. Yakaboski, Esq. John Sidor, Jr. Edward & Althea Sidor Helen A. Krupski Abigail A. Wickham, Esq. Louis Jr. & Lisa Caracciolo Karen Hagen, Esq. Melissa Spiro Southold Town Supervisor Attorney for Town of Southold Seller Seller (Trustees of the Edward Sidor Revocable Trust) Seller (Trustee of the Helen A. Krupski Revocable Trust) Attorney for Sellers Easement Grantors (contract vendees) Title Company Closer Land Preservation Coordinator SEVENTY SIX THOUSAND SEVENTY SEVEN ~ND, 00~100 PAYTO HELEN KRUPSKI REUO~ABLE TRU~,T DA]~E CHECK;No. 57586 THE SUFFOLK COUI~FF~ NATIONAL BANK CUTC~OGUE, NY 11935 AMOUNT $76,077.00 "'0575~,' ':O~hOC;hr=h~: ~,=, 000001~ 0"' H2 -8686.2.000.000 06ZlO0 DEU RIGHTS-lg.6?5 ACRE 76,077.( TOTAL 76,077.( TOWN OF SOUTHOLD · SOUTHOLO, NY 11971-0959 i{~sm~,J 53095 MAIN ROAD :: , · ~ souT~OLD; NEWYORK 1i971~01!)59 DATE ' ; ~IECK NO. ·, 06/~9/Z,~00 57508 SEUENTY SIX THOUSANI) SEVENTY SIX AND 00/100 DOLLARS PAY TO THE ORDER OF .o. 057588 THE SUFFOLK COUNTY NATIONAL ~ANK CUTCHOGUE, NY 11935 AMOUNT $76,076. O0 "'05758P, 11' m-'OE&hOSN~hm-' ~,~, O00OO~ JENDOR 019310 EDWARD SIDOR REVOCABLE TRUST 42 .8686.2.000.000 062100 06/20/2000 CHECK 57588 DEU RIGHTS-19.675 ACRE 76,076.( TOTAL 76,076.C TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ~ ' ,,o~' 0 5 7 5 8 9 SOUTHOLD, NEW K !J971-~59 06~0/2~0 57se9 SEVENTY SIX THOUSAND SEVENTY SEVEN AND 00/!~0 DOLLARS PAY TO THE ORD;iR OF JO~N SiDOR,, JR. 'THE SUFFOtK COUNTY NATIONAL BANK cUTCHOGUE, NY 11935 AMOUNT $76 · 0'77. O0 "'05758q,' I:O;~,hOShP, h": I:,~ O000Oh O,' 2ENDOR 019308 JOHN SIDOR, JR. t2 .868G.2.000.000 ' 0621 O0 06/20/2000 CHECK 57589 DEV RIGHTS-19.675 ACRE 7G,077.C TOTAL 7G,077.C TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 PATRICK A. GIVEN, SRPA box 5305 · 550 mute 111 · hauppauge, n.y. 11788-0306 (516) 360-3474 FAX 360-3622 February 28,2000 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 RE: Property of John Sidor, Jr., et al, Located Southeast Corner of Oregon Road and Mill Road, Mattituck, NY S.C.T.M. #1000-100-4-2 Appraisal #2000125 $1,800.00 108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ............................. Begi 2/18/1999 2/18/1999 H1 .600 10/12/1999 10/12/1999 10/12/1999 10/12/1999 10/12/1999 10/12/1999 10/12/1999 10/12/1999 10/26/1999 10/26/1999 10/26/1999 3/14/2000 3/14/2000 3/14/2000 3/14/2000 3/14/2000 3/14/2000 3/14/2000 H1 .600 H1 .600 H1 .600 H1 .600 H1 .600 H1 .600 H2 .600 H2 .600 H2 .600 H2 .600 H2 .600 H2 .600 H2 .600 10/26/1999 3/14/2000 3/14/2000 3(14/2000 ,Y, 3/14/2000 ,, 3/14/2000 ,, 3/14/2000 ., 3/14/2000 ,, 4/11/2000 4/11/2000 H2 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-03142000-520 Line: 137 Formula: 0 : Account.. H2 .600 : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment : 1099 Flag .... : Fixed Asset.. : Date Released : Date Cleared. 3/14/2000 SDT 3/15/00 : 1,800.00 : APPRAISAL-J.SIDOR,JR PRP : 007416 : GIVEN, SRPA/PATRICK A. : 56138 SCNB : 2000125 : : 06685 : : FLiquid. : 7 : N : 3/14/2000 : 3/31/2000 : F3=Exit F12=Cancel F21=Image : P.O. BOX 448 516-765-9283 SOUTHOLD, N.Y. 11971 Antliorg W. Lewandows ki LAND SURVEYOR Date March27,2000 Town of Southold For survey qf property on Mill Lane, Mattituck,N.~.SCTM#1000-1'00_04_02, for Land Preservation. at $3500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 005025 LEWANDOWSKI/ANTHONY Y JE Date Trx. Date Fund Account ............................. Begi .,~ 4/11/2000 4/11/2000 H2 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-04112000-762 Line: 206 Formula: 0 : Account.. H2 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/11/2000 SDT 4/12/00 : Trx Amount... 3,500.00 : Description.. SURVEY-SIDOR/CARACCIOLO : Vendor Code.. 005025 : Vendor Name.. LEWANDOWSKI/ANTHONY W. : Alt Vnd.. : CHECK ........ 56582 SCNB : Invoice Code. 032700 : VOUCHER ...... : P.O. Code .... 06790 : Project Code. : Final Payment F Liquid. : 1099 Flag .... N : Fixed Asset.. N : Date Released 4/11/2000 : Date Cleared. 4/30/2000 : F3=Exit F12=Cancel F21=Image : NELSON, POPE & VOORtlIS, LLC ENVIRONMENTAL · PLANNING CONSULTING Office c>f the T~]xu ,~Noi-ne!' Tmon of Smithh~ld T(~r'l[ Hall ,'.~3095 Main R~,arl Southhold,~ X',' !~9?I ~;-e?m'v Va kal'xmki 572 WALT WHITMAN ROAD MELVILLE, N.Y. t i 747 (631) 427-5665 FAX (631) 427-5620 'Tnw~iee Ho : 20025.001 Customer N.'.~: 20085.0 Date: OB/~I/OO I§00.00 Tclta I: ,~1.~00.00 108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR dE Date Trx. Date Fund Account ......................... Use Acti 12/07/1999 12/07/1999 B .600 3/28/2000 3/28/2000 B .600 3/28/2000 3/28/2000 B .600 3/28/2000 3/28/2000 B .600 4/11/2000 4/11/2000 B .600 5/23/2000 5/23/2000 A .600 6/06/2000 6/06/2000 H3 .600 6/20/2000 6/20/2000 B .600 6/20/2000 6/20/2000 H2 .600 7/06/2000 7/06/2000 B .600 7/06/2000 7/06/2000 B .600 7/06/2000 7/06/2000 B .600 8/01/2000 8/01/2000 B .600 8/01/2000 8/01/2000 B .600 .Y. 8/15/2000 8/15/2000 B .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-06202000-431 Line: 2 Formula: 0 : : Account.. H2 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 6/20/2000 SDT 6/21/00 : : Trx Amount... 1,500.00 : : Description.. ENV SITE ASSESSMNT-SIDOR : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORNIS, : : Alt Vnd.. : CHECK ........ 57S87 SCNB : : Invoice Code. 20085.001 : : VOUCHER ...... : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : 1099 Flag .... N : : Fixed Asset.. N : : Date Released 6/20/2000 : : Date Cleared. 6/30/2000 : : F3=Exit F12=Cancel F21=Image : RH80001442 Date Printed: April 4, 2000 Applicant: WICKHAM, WICKHAM ,St BRESSLER P.C. Order Type: Purchase/Resale Premises: MILL LN, MATrZTUCK~ NY Sales Rep: CHRISTOPHER MCKEEVER\not assigned Date of Closing: County: SUFFOLK Purchaser: TOWN OF SOUTHOLD Closer: not assigned /~/~z~7 FEE SHEET ITEM AMOUNT ~ ZTEM AMOUNT Fee Insurance ~ ~ ~t~o. $ ~ ~, Recording Fees Mortgage Insurance ~; o.o0 Deed ~,ZTZ~ Second Mortgage ~ o.o0 Mortgage Third Mort.qage $ o.00 Satisfaction of Mortgage Survey Departmental Searches Certificate of Occupancy Street Report BanknJptcy Sewer Search Housing and Building TransferTaxes Fire NYS Transfer Tax Emer.qency NYC RPT - Additional Taxes Mansion Tax ~vey Inspection UCC's County UCC's State 8.1 Environmental Waiver of Arbitration Condo Endorsement Mortgage Tax Mortgagor Mortgagee Escrow Service Charge Escrow Special Delivery TOTAL CHARGES $ RECEIPTS CHECKS PAYABLE TO Commonwealth Land Title Insurance Company (Circle One) Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ CHECKS P~YABLE TO OTHER THAN Commonwealth Land Title Insurance Company (Circle One) Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ TOTAL RECEZPTS $ *NOTE Rates & charges herein aresubj~ttochange based ontheratesin effect attheUmeofdosing. 177 Old Count~ Road~PO Box 429 Rlverhead~ NY [[90~-0203 Phone: 63Z-727-7760 Fax: 63[~727-7818 PAY TO THE ORDER OF TOWN OF SOUTHOLD 53095 M~I~ BOAD NO. sOUTHOLD, NEW YORK 11971-0~9 DATE 06/21/2000 CHECK NO. 057591 057591 THE SUFFOLK COUNTY NATIONAL BANK CUTCHOGUE, NY 11935 AMOUNT **$1,317.00'* COMMONWEALTH LAND TITLE INSURANCE CO. H2.8686.2.000.000 TITLE CO. 062100 #057591 FEE INSURANCE-SIDOR CLOSING 1,234.00 RECORDING FEE 83.00 TOTAL TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 **$1,317.00'* i}~Karen J. Hagen Attorney at Law 2675 Kerwin Blvd. Greenport, N.Y. 11944 TelephOne (631) 477-34,66 ~ax (631) 477-3466 ,DATE OHEOK NO 06,/23_/2-000 057592 057592 THE ~UFFOLK COUNTY NATIONAL BANK CUTCHOGUE NY 11935 AMOUNT **$50.00** PAY TO THE ORDER OF KAREN HAGEN, ESQ. "'0575q8"' I.'O~i,t, OShgh'-' r.~, OOOOOh O,' VENDOR #7707 KAREN H2o8686.2.000.000 062100 TITLE FEES-SIDOR CLOSING 50.0( I TOTAL **$50.0 TOWN OF SOUT?IOLD · SOUTHO[D NY 11971.3}5, R E C O R D E D D E E D t 12052 295 ~umber o,L~ages TORRENS Certificate # Prior Cfi. # Deed / Mortgage thst~umcnt 41 Page / Filing Handling TP-584 Notation EA-52 17 (coumy) ~' ' ~.s21? (stata) ,.F.T.S.~ ' /3'- ' Comm. of Ed. ,S OD Affidavit Certified Copy Reg. Copy C)thcr . $ ~' . REAL BSTATB AUG 1 0 2000 L:,, is Deed / Mortgage Tax Stamp FEES __ SubTotal Sub Total -- O~DTOT^L 00 a~ I 0 P8 2: 3~ CLERK OF SUFFOLK COUNTY Recording / Filing Stamps Mortgage Amt. 1, Basic Tax 2. Additional Tax Sub Total Real Property Tax Service Agency Vedfic~tion Dist. Section B lock Lot SpecdAssit, Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Appo~onment -- Transfer Tax ~ -- Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __of this instrument. Community Preservation Fund Consideration Amount $ Z~/2..gt9./9~ CPF Tax Du~ * $ Satisfactions/Discharges/Releases List Property RECORD & RgrURN TO: · AUG 10 2~0 p~ES~RVATION FUND Title Company Information Suffolk ( This page fom~s I~ of the alIacl~d (SPEC]FY TYPE ( The premises herein is situated in SUFFOLK COUNTY, l~W YORIC In the Towmhip of in th~ VILLAGE ., BO~-:25 5 THRU 9 MUST BE TYPED OR PRIbtrED IN BLACX ~ ONLY PRIOR TO RECORDING OR FILING. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 2/-~ day of June, 2000 BETVVEEN John Sidor, Jr., Edward Sidor and Althea Sidor, As Trustees of the Edward Sidor Revocable Trust and Helen A Krupski a . ', ., as Trustees of the Helen A. Krupski Revocable Trust, residing at Z,~z::) ~ J~'J'7 ~-~ ) OOC) OC , , 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 $ 228, 230.00 (Two Hundred Twenty Eight Thousand Two Hundred Thirty Dollars and No Cents) 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 in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Mattltuck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows-' Beginning at the corner formed by the Intarsecflon of the southeastedy side of Oregon Road with the easterly side of Mill Lane; RUNNING THENCE along the southeasterly side of Oregon Road North 45 degrees 7 minutes O0 seconds East 662.35 feet to a monument at lands now or formed,/of David Page and Barbara Shinn; RUNNING 'tHENCE along said last menUoned lands and lands now or formerly of Adrian H. Courthey, South 2[ degrees 47 minutes 00 seconds East, ._ .3A~feet to land now or formerly of Warren and Nancy Swain; ~ ," RUNNING THENCE along said lands, South 72 degrees 10 minutes O0 seconds West, 331.54 feet; RUNNING THENCE North 2.0 degrees 09 minutes 20 seconds West~ 250.00 feet~ RUNNING THENCE North 72 degrees [0 minutes 00 seconds East:, :320.27 feet to the easterly side of Mill Lane; PUNNING THENCE along the easterly side of Mill Lane, North 20 degrees 09 minutes 20 seconds West, 13.49.75 feet te the paint or place of BEGINNING. SUB.1ECT TO I_[PA Eight of Way crossing the northerly part of the premises recorded In IJber [3;t3 page 57. 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 su,;cessors 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 as defined herein. 3 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 agricultural lands actually used in bona fide agricultural production as defined in GML section 247 as shall remain 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 Lief, Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title to the property described herein may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 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 4 law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement after notice. This covenant shall not preclude lawful, normal and proper application of legal fertilizers, pesticides and fungicides for legitimate agricultural purposes. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs 5 and expenses which may arise out of (1) any misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, subsequent to the closing of tithe herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by a party other than Purchaser, its agents or employees, by reason of a violation or non-compliance with any environmental law; or the improper disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or 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 fodh in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. 6 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: John Sidor, Jr.0, Edward 8idor ~nd Althee 8idor, As Trustees of the Edward Sidor Revocable Trust Purchaser: Helen A Krupski ,.~ up~.:.., ..,., as Trusteetl of the Helen A. Krupski Revocable Trust Town_of Southold JEAN W. COCHRAN, SUPERVISOR STATE OF NEW YORK, COUNTY OF SUFFOLK: SS: On ~.~"O.r~ ~.. ) , in the year ~000, before me, the undersigned,-e-- ' , personally appeared John Sidor, Jr., ~ personally known to me or proved to me on the basis of satisfactory evidence that they executed same in his capacity and that by his signature on the instrument, the individual, or the persons or entities upon behalf of which the individuals acted, executed the instrument. KAREN J. HAGEN NOTARY PUBUC, State of New Yolk No. 02HA4927029 Qualified In Suffolk County ~-2 Cornlal~on Expires ~ 21, 20 ~___._.<--- 7 · 120627 295 STATE OF NEW YORK, COUNTY OF SUFFOLK: SS: On (~f/_-¢~ ./~ , in the year 2000, before me, the undersigned, · '", . ' _ , personally, appeared personally known to me or proved to me on the basis of satisfactory evidence that they executed same in their capacity and that by their signature on the instrument, the individuals, or the persons or entities upon behalf of which the individuals acted, executed the instrument, ~,__~.(~ ~ied. bi Suff~k C~unty ~lr~arv Public STATE OF NEW YORK, COUNTY OF SUFFOLK: SS: On , in the year 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to ~e or proved to me on the basis of satisfactory evidence that they executed ~ai'ne in their capacity and that by their signature on the instrument, the individuals, or the persons or entities upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK, COUNTY OF SUFFOLK: SS: On ,.~(Y./L~ ~, ~ , in the year 2000, before me, the undersigned,~- I~;:~{:y-~T~L,',;,.. i;~ a~,d f~r s.;:,d S'~,t;; personally appeared Jean W. Cochran., personally known to me or proved to me on the basis of satisfactory evidence that she executed same in her capacity and that by her signature on the instrument, the individual, or the persons or entities upon behalf of which the individuals acted, executed the instrument. 8 T I T L E P 0 L I C Y ISSUED BY COMM~NngE&LT~I LAND TITLE INSURANCE COMPANY Commonwealth A LANDAMERICA COMPANY OWNEI~'S P01'.ICY OF TITLE INSIIRANCE 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 slated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary 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) ~.iiy law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, reg,alatmg, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- n~nt 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 ' hich the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (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 interesl 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 crealing 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 time}y record the instrument,of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page ORIGINAL Valid Only If Schedules A and B and Cover Are Attached File No.: RH80001442 Commonwealth SCHEDULE A Amount of Insurance: $228,230.00 Date of Policy: 6-21-2000 Policy No.,' RH80001442 1. Name of Insured: TOWN OF SOUTHOLD, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: Developmental Rights 3. Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD, a municipal corporation By deed made by 3OHN SIDOR, 3R. (as to 1/3 interest), EDWARD SIDOR AND ALTHEA SIDOR, AS TRUSTEES OF THE EDWARD SIDOR REVOCABLE TRUST (as to 1/3 interest) AND HELEN A. KRUPSK! AND ALBERT 3. KRUPSKI~ SR, AS TRUSTEES OF THE HELEN A. KRUPSK! REVOCABLE TRUST (as to 1/3 interest) to the INSURED dated 6-21-2000 and to be duly recorded in the Office of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. / Countersigned: Authorized Officer or Agent Fee Policy Insert Policy/File No: 80001442 COMPOSTTE DESCRZPTZON ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at the corner formed by the intersection of the southeasterly side of Oregon Road with the easterly side of Mill Lane; RUNNING THENCE along the southeasterly side of Oregon Road North 45 degrees 7 minutes 00 seconds East 662.35 feet to a monument at lands now or formerly of David Page and Barbara Shinn; RUNNING THENCE along said last mentioned lands and lands now or formerly of Adrian H. Courtney, III, South 21 degrees 47 minutes 00 seconds East, 1492,50 feet to land now or formerly of Warren and Nancy Swain; RUNNING THENCE along said lands, South 72 degrees 10 minutes 00 seconds West, 331.54 feet; RUNNING THENCE North 20 degrees 09 minutes 20 seconds West, 250.00 feet; RUNNING THENCE North 72 degrees 10 minutes O0 seconds East, 320.27 feet to the easterly side of Mill Lane; RUNNING THENCE along the easterly side of Mill Lane, North 20 degrees 09 minutes 20 seconds West, 1149.75 feet to the point or place of BEGINNING. SUB3ECT TO LIPA Right of Way crossing the northerly part of the premises recorded in Liber 1313 page 57. ALTA Owner's Policy Date Printed ~lune 15, 2000 ' Schedule A - Description File No.: RH80001442 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs~ attorneys' fees or expenses) which arise by reason of the following: Rights of tenants or persons in possession. 2. Right-of-Way Easement recorded in Liber/Reel 1313 page 57. Commitment of Land To Continued Agricultural Production Agreement recorded Liber/Reel 8431 page 460. Commitment of Land To Continued Agricultural Production Agreement recorded Liber/Reel 8633 page 300. Survey made by ANTHONY W. LEWANDOWSK! last dated 3/27/2000 (Covering Premises and More) shows vacant land as to subject premises, (a) fences at variations to northerly and westerly lines of premises, (b) utility pole and overhead wires at variation to northerly and westerly record Fines, (c) irrigation well and pump in easterly portion of the premises. No other variations or encroachments. Fee Policy Insert Common, w e alt h File No.: RH80001442 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLI'Cy) ATTACHED TO AND MADE A PART OF POLTCY NO. RH80001442 TSSUED BY COMMONWEALTH LAND TTTLE ZNSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is Pater 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: 6-21-2000 Issued at: Commonwealth Land Title Znsurance Company 177 Old Country Road, PO Box 419 Riverhead, NY 11901 Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (7/99) CONDITIONS AND STIPULATIONS 1, DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase inc[uding, 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 {his policy or any olher records which impart constructive notice of matters affecting the land (dj "land": the land described or referred to in Schedule A, and improvements affixed therelo which by law constitule real property. The term "land" does not include any property beyond he nes of lhe area described or referred to n Schedule A nor any rigM , lille, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent ~o which a right of access to and from the land is insured by this polic) · (e) "mortgage": mortgage, deed of trust, trust deed, or olher security (f) "public records": records established under state statules al Date of Policy for thc purpose of imparting conslructive notice of matters reialing to real property to purchasers for value and without knowledge. With respect to Seclion I(a) (iv) of the Exclusions From Coverage, ·'public records" sha[[ also include environmenta[ protection liens fi]ed in the records of the clerk of the United States district conrt for lhe district in which the land is located. (g) "unmarketability of the title": an alleged or apparenl mailer affecting the title to the land, not excluded or excepted from coverage, which '~ould enfille a purchaser of Ihe estate or interest described in Schedule A ID 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 Pobc3r ill favor of an insured only so long as the insured retains an estate or interest in the [and, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured or only so long as the insured shall have liabib{y by reason of covenan{s'of warfare53 adc by the insured in any tranyfer or cgnveyance ~ f {he eslate or n ~'esl. This polic shall nol conlmue m force ~n favor of any purchaser frcm the insured either ti) an estate or interest in the [and, or (ii} an inde~'iedness secured by a purchase money mortgage given to the insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall nolify the Company pronlplJ)r in writing (i) in case pi any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of lille or inleresl which is adverse to the title to the estale or interest, as insured, and which mighl cause loss or damage for which the Company may be liable by virtue of Ihis policy, or (iii) if title to the eslate or interesl, as insured, is rejected as unmarketable. If prompl nolice shah not be g yen to the Company. then as Io the insured all liabilily of the Company shall terminate with regard to the matter or mailers for which prompt notice is required: provided. however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the opfions contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and Without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to Ihose stated causes of action alleging a defect lien or encumbrance or other matter insured against by th s policy The Company shall have the right to selecl counsel of its choice (subject to the right of the insured lo objecl for reasonable cause) to represent the insured as to those staled causes of action and shall not be liable for and will not pay the fees of any other counsel The Company will not pay any fees. costs or expenses incurred by the insured in the defense of those causes of action which allege matter~ not insured against by this policy, (b) The Company shall have the righL at its own cost, Io insfilute and any action or proceeding or to do any other ac wh ch in 9Pinion may be necessary or desirab e o es ablish the e o he esta e or interest, as insured, or to prevent or reduce loss or damage to the insured The Company may take any appropriate action under the terms of h s policy, whether pt not it shall be able hereunder, and shall not thereby concede liability or waive any prov s on of this policy. If the Company shall exerc se ts rights under this paragraph, it shall do so diligently (c) Whenever the Company shall have brought an action or interposed a defense as required or permilted by the provisions of Ihis policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in ils 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 the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in Ihe action or proceeding, and all appeals therein, and permit the Company to use, al its option, the, name of the insured for this purpose Whenever requested by the Company, Ihe insured, at the Company's expense, shall give the Company all reasonable aid (il m any aclion or proceeding, securing evidence, obtaining witnesses, prosecuting or defending Ihe action or proceeding, or effecting scltlelnent, and (ii) in an), 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 cooperatmn, Ihe Company's obligations to the insured under the po]icy shah terminate, including any liability or obligation to defend, prosecute, or continue.any litigation, with regard to the matter or matters requinng such cooperallon 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 thc Co!npany within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall stale, to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by Ihe failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In additiom the insured clai~nanl may reasonably be required to submit 1o examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by an)' authorized representative of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a dale before or afler Date of Policy, which reasonably pertain to the loss or damage Fur0mr, if requested by any aulhorized representative of the Company , the insured claimant shall grant its permission, m writing, for any authorized representative of the Company to examine . inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party which reasonably pertain {o the loss or damage All infonnafion designated as confidential by the insured chdmant proxrided to the Compan) pursuam lo this Section shall not be disclosed to others unless, in Ihe reasonable judgement of the Compan~r il is necessary in thc admdlistration of the claim. Failure of the insured c]adnant to submd for cxaminatmn under oalh, produce other reasonably requested informatmn or gran{ permission to secure reasonably necessary information from third parlies as required in this paragraph shall terminale any liabibly 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 policy, the Company shall have the following additional options: (a)Tn Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the amount of insurance under Ihis policy together wilh any costs, altorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company. up In the time of paymanl or tender of, payment and which the Company is obliga- ted Io pay. Upon the exercise by the Company of this option, ali liability and obligalions Io the insured under Ihis po]icy, olher than to make paymenl required shah lerminale, including any liabildy or obligalion defend, prosecute', or conlinue any litigation, and the policy shall be surrendered to the Company for cancellalion. (b) To Pay or Otherwise Setl]e With Parties Other than file Insured or With the Insured Claimanl (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured againsl under this policy, togelher with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized b~ the Company up Io time of paymenl and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant Ihe loss or damage provided for under Ihis policy, Iogelher with any costs, attorneys' fees and expenses incurred by Ihe insured claimant which v, ere authorized by the Company up to the time of payment and which the Company is obligaled Io pay ' Upon the exercise by the Company of edher of the ophons provided for in paragraphs (b)(i} or (ii), the Company's obligations lo Ihe insured under this po]icy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any liability nr obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a comract of indemnity against actual monetary toss or damage sustained or incurred by the insured claimant ',','ho 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 thc Company under this policy shall nol exceed the least of: (i) the Amount of Insurance stated in Schedule A; (ii) the difference between the value of the thsured 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 lhe value of the insured estate or interest or the full consideration paid for 1he land, whichever is less, or if subsequenl to the Date of Policy an improvement is erected on the land which increases thc value of the insured estale or interesl by at least 20 percenl over the Amount of Insurance stated in Schedule A, then this Policy is subject lo the following: (i) where no subsequent improvemenl 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 ~otal valu6 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 nol apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, l0 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 consisls of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has 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 Ihe title, or removes the alleged defect, lien or encumbrance, or cures the lack of a righl of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto, 11. UABIMTY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No paymenl shall be made wit houl producing I his policy tor endorsemem of the payment unless t he policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of Ibc Company. NM I PA 10 ALTA Owner's Policy (10-17-92) (Continued) (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 Righ~ of Subrogation Whenever thc Company shall have settled and paid a claim under Ihis policy, all righl of subrogation shall vest in the Company unaffected by any act of Ihe insured claimant The Company shall be subrogaled to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respecl 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 tbe name of the insured claimant and to use the name of the insured claimanl in any transaction or litigalion involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogatad Io these rights and remedies in the proportion which thc Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that acl shall not void this policy, but the Company, in that event, shall be required Io pay only that part of any losses insured againsl by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors, The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those inslruments which provide for subrogation rights by reason of this po]icy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuanl Io the Title Insurance Arbitration Rules of the American Arbitration Association. Arbilrable matters may include, but are not limited to, any conlroversy 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 'dl arbitrable matters when the Amount of Insurance is $1,000,000 or I~[s shall be arbitrated al the option of either the Company or the thsured.~AH arbitrable matters when the Amount of Insurance is in excess of $[,000,000 shall be arbitraled only when agreed to by both the Company aLd the insured. Arbitration pursuant to this policy and under Ihe Rules in ,~ffect on the date the demand for arbitration is made or, al the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties The award may include altorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees Io a prevailing party. Judgment upon the award rendered by the Arbilrator(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 contracl between the insured and the Company. In interpredng 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 amendmem of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the Presiaent, 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 shallbe deemed not to include that provi- sion andall other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in wfitthg required to be furnished the Company shall include the number of this policy and shall be addressed to COMMONWEALTH LAND TITLE INSURANCE COMPANy, 1700 Market Street, Philadelphia, PA 19103-3990. Form 1190-3 Cover Page Valid Only If Face Page, Schedules A and B Are Attached NEW YORK STATE OFFICE 655 Third Avenue New York, NewYorR 10017 Phone: (212) 949-0100 OWNER'S POLICY OF TITLE INSURANCE (10-17-92) Commonwealth B 1190-3 NEW YORK OFFICES NEW YORK CITY New York, New Yod( 10017 (212) 949-0100 ALBANY 286 Washin~oa Ave. Extension ~e Plaza West Albany New York 12203 (518) 452-4525 BUFFALO 298 Main Sffee{ Buffalo, New York 14202 (716) S~-e~O0 GARDEN CITY 1325 Franklin Ave. Suite 101 Garden City, New York 11530 (516) 742-7474 NEW CITY t 7 Squadron Boulevard New York, New York 10956 (914) 634-7070 ISLANDIA 1777-6 Veterans Memorial Hwy I,~4andi~, New YErk 11722 (516) 232-35O3 (516) 232-3617 WHITE PLAINS WIY~ Plains, NewYork 10606 NATIONAL TITLE SERVICE 6~ Third Argue New Yo,"k, New York 1(3017 (212) 949-0100 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS am one of the owners of approximately 22 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map No. 1000-100-04-002, which 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 rights to require the Town of Southold to file with the commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landr,wner Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 State of New York ) Countyof Suffolk ) ss.: On the 21st day of June, 2000, before me personally came Jean W, Cochran, to me known, who being by me duly sworn, did depose and say that she resides at 270 Boisseau Avenue, Southold, New York; that she is the Supervisor of the Town of Southold, the corporation described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the beard of directors of said corporation, and that she signed her name thereto by like order. Notary Public P R O P E R T Y R E C O R D S 2 LINE NOTICE ~ COUNTY OF SUFFOLK (~)J II / °" J~[~"~ SOVTHOLO ,~?,~. ~.. o, ~ .... 1000 SECTION NO 100 PROPERTY .ii File Vie,,,, T,_-,c, lb~ H,:dp 100 -,1 2 2 47300S Soulhold AcliYe F:l/':;:l.,d~Jol:'- - i~lliluck School Ca[~cciolo, Louis Roll'~'ea~: 2007 Cu. Y[ Land rights Land AV; 2.600 1250 Olegon Rd L.~,J ~l~e. 20 53 ac[es ToIalAV: 2.GO0 Owne~ T-t.~l 2 T~x~ble Value Mi~cellaneou~ Name: Loui~ ~cciolo J~ CounU 100 Be,ok: 12062 AddlAdd~: Muni 100 Page: 307 Slicer: ~50 ~ill Ln _~o~l. 100 I,.lor~g PO Box: Bank: ~il,: ~lliluck. ~Y Zip 11~52- Schl ~e~ SI~ 100 ~ccl N,:, ~.~ Sale Total: 1 Site Iot I L~nd 0 of 0 Book PaL~e Sale [ a~e ~1~ Pncc O,.~,,ner P~pcts; L~nd ~ighl~ 12062 307 0B~21/00 ~.~70 ~acciolo. Loui N bhd ~d: 0 Utilities: E~emplion To~al: 1 Te~m Own Building Total: 0 ~1720 AG DIST 2.500 0 0 Special District Tot~l: 3 Value / Improvement Total: 0 Code Units Pct T. ~ ~ Move Tax T~/pe Name Dim1 Dim2 SOFT Yr Built FD030 M~ltiluck FD .00 .00 .00 PKOll M~ltiluck P~I .00 O0 .00 Double cii,:t: to oper, a ,,,.,indo,.,',, 473889 SOUTHOLD 100.-4-2.1 4690 MILL LA ~WNER & MAILING INFO ===~=MISC ACCIOLO JR LOUIS & ~RS-SS LISA 1 4450 MILL LANE BANK MATTITUCK NY 11952 NYSRPS ASSESSMENT INQUIRY DATE : 07/27/2004 SCHOOL MAT?ITUCK SCHOOL ROLL SEC TAXABLE PRCLS 210 i FAMILY RES TOTAL RES SITE TOTAL COM SITE ACCT NO 37 ~======== ====== ASSESSMENT DATA =========== ~ **CURRENT** RES PERCENT ~LAND 2,000 **TAXABLE** ~TOTAL 10,200 COUNTY 10,200 **PRIOR** TOWN 10,200 ~LAND 2,000 SCHOOL 10,200 ~TOTAL 9,800 ==DIMENSIONS ===1======= SALES INFORMATION ================================== ACRES 1.84 IBOOK 12062 SALE DATE 06/21/00 SALE PRICE 474,470 IPAGE 307 PR OWNER SIDOR JOHN JR & ORS =======TOTAL EXEMPTIONS I =============1== TOTAL SPECIAL DISTRICTS 3 ===== CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 41854 920 02 ~F0030 ~PK071 ~SW011 Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU ELIZABETH A. NEVILLE T O VV-N CLERK REGISTRAR OF VITAL STATISTICS 1VL~RRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORM~TION 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 TOVfN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 9, 2000: WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, the Town Board of the Town of Southold wishes to support that intent to provide exemptions per the Town Code Chapter 6-95, from said tax to those purchasers of real prOPerty who will retain the property with development restrictions; and WHEREAS, in furtherance of that intent, the real property must have the entire parcel restricted by one or more permitted restrictions in chapter 6-95; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets~_, n? p.m., Tuesday, May 23, 2000, Sonthold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of accepting development restrictions pursuant to Town Code Chapter 6-95 on certain parcel of property from Louis Caracciolo located at the southeast corner of Oregon Road and Mill Lane, Mattituck, New York, SCTM# 1000-100-4-2. Southold Town Clerk May 9, 2000 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6 Section 6- 95 Community Preservation Fund of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 23rd day of May 2000, at 8:07 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the purchase of the parcel of Louis Caracc[olo Identified as SCTM I 1000-100-~,-2 which consists of approximately 1.836 acres, located on the southeast corner of Oregon Road and Mill Lane, in the Hamlet of Mattituck. FURTHER NOTICE IS HEREBY CIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Maln Road, Southold, New York, and may be examined by any interested persons during normal business hours. D,~,TED: May 9, 2000 ,Y ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 18, 2000, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL. PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Member Town Attorney Louis Caracciolo Land Preservation Committee Town Clerk's Bulletin Board PUBLIC HEARING MAY 23, 2000 8:07 P.M. ON THE PURCHASE OF THE PARCEL OF CARACCIOLO (SCTM #1000-100~4-2)~ OREGON ROAD AND MILL LANE, MATTITUCK. 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: This is a hearing on the acceptance of the development restrictions on certain parcels of property. COUNCILMAN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 6 Section 6-95, Community Preservation Fund of the Southold Town Code, the Town Board of the Town of Southold will hold a publiq heating on the 23rd day of May, 2000, at 8:07 P.M., at the Southold Town Hall, 53095 }train Road, Southold, New York, on the question of the purchase of the parcel of Lo~.iis Caracciolo identified as SCTM #1000-100-4-2 which consists of approximately 1.836 acres, located on the southeast comer of Oregon Road and Mill Lane, in the Hamlet of Mattituck. Further Notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: May 9, 2000. By Order of the Southold Town Board. Elizabeth A. Neville. Southold Town Clerk." I have proof that this legal notice was published in the Suffolk Times that it was posted on the Town Clerk's Bulletin Board. We have correspondence from the Chairman of the Land Preservation Committee, Dick Ryan discussing the proposed easement. There is correspondence from the Town Board as well. SLrPERVISOR COCHRAN: It is supported by the committee. COUNCILMAN MOORE: The recommendation is to accept the aggie exclusive to the above named farm, not to be construed as applicable to any and every single agricultural easement that may be offered for other farm properties. The Land Preservation Committee suggests that the offered easement be valuated on it's own. 2 SUPERVISOR COCHRAN: This is for an easement. Is there anyone that would like to address the Town Board in relation to this easement on the property of Louis Caracciola, Oregon Road and Mill Road in the hamlet of Mattituck? Anyone like to address the Town Board? (No response.) I deem the hearing closed. Southold Town Clerk 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 WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 23. 2000: Whereas, the acceptance of the development restrictions offered by Caracciolo on the parcel of property known as SCTM # 1000-100-4-2 located at Mill Lane and Oregon Road in Mattituck will have a benefical environmental impact; Resolved by the Town Board of the Town of Southold that a negative declaration is issued pursuant to the SEQRA rules and regulations; and BE IT FURTHER RESOLVED, that the Town Board accept the development rights offered by Caracciolo on the parcel of property known as SCTM # 1000-100-4-2 located at Mill Lane and Oregon Road in Mattituck Elizabeth A. Neville Southold Town Clerk May 23. 2000 AGREEMENT FOR GRANT OF EASEMENT ! THIS AGREEMENT, made theo~ [day of June, 2000, between Louis Caracciolo, Jr. and Lisa Caracciolo residing at 39 Jomar Road, Shoreham, New York hereinafter referred to as the "Seller" and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office and principal office at 53095 Main Road, P.O. Box 1179, Southold, New York, hereinafter referred to as the "Purchaser". 1) WITNESSETH The Seller agrees to gig, and the Purchaser agrees to accept the attached "Grant of Agricultural Easement" for the attached described portion of Suffolk County Tax Map Parcel #'s 1000- 100- 04- 002 which has been approved by the Town of Southolds' Land Preservation Committee and the Southold Town Board. TOWN OF SOUTHOLD V STATE OF NEW YORK, COUNTY OF SUFFOLK: SS: On ,_~f~ 2~ J , in the year 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Louis Caracciolo, Jr. and Lisa Caracoiolo, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signature on the instrument, the individuals, or the persons or entities upon bch f ofw ioh in i du,as acted, e× outed I,.0 On ~['l,j]~ ~ [ , in the year 2000, before, me.the undersigned, a Notary Public in and for said'State, personally appeared~."~_Pet~ /32, C"~;~.~r-~ , personally known to me or proved to me 8n the basis of satisfaot6ry evidence that he executed the same in his capacity and that by his signature on the instrument, the individual,pr the person or entity upon be~fofwhieh the individual acted, executed ~e instrum~. '. ~ 21/age.car KAMEN .I. HAGEN NOTARY pUBLIC, State o~ HewYork No. 02HA49270E9 Qualified in Suffolk County_ Commission Expiro$ March gl, ~ ~ 12062~296' Number of pages TORRENS REC,~V~I~ REAL ESTATE AU(i 1 0 2000 Serial # Certifies e #. Prior Ctf. # TRANSFER TAX ,SUFFOLK COUNTY 1573 Deed / Mortgage Instrument 4 Page / Filing Fee Handling Notation EA-52 17 (County) EA-5217 (State) Comm. of Ea. ~ OO Affidavit Certified Copy Reg. Copy Deed / Mortgage Tax Stamp FEES SubTotal Sub Total Other -- G~DTOTAL, 48'~ Real Property T~x Service Agency Verification Dist. Section B lock :Lot S ati$ factions/Discharges/l~leases List Property Owners Mailin RECORD & RETUPdN TO: OOAUC- I0 PH 2: Egk~.~ d ['. ,,. dAIHE CLERK OF SUFFOLK COUNTY Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spog./A~sit. 0r Spec./Add, TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment __ Transfer Tax Mansion T~x The properly covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this insizument. Camm,miry Preservation Fund Consideration Amount $ (~ CPF Tax Due $ RECEIVED AUG 1 0 2000 TD /O TD PRESERVATION TD FUND Title Company Information Suffolk County Recording & Endorsement Page Thispage f°rm'sIl°zt °fthe~"?hed t~?Yzg/} 7/-- oF/~' ~.~>,t./7/'O.~ t~JgTO_~/-mede by. _ ~s~m~Tvfd o~ n~muv~rr ) ' ~ f(~ ~ ;r% ~ The premises herein is situated in GRANT OF AGRICULTURAL EASEMENT THIS AGRICULTURAL EASEIvI~NT, dated this o~ / day of June, 2000, is made by LOUIS CAKACCIOLO, JR. AND LISA CARACCIOLO, residing 39 Jomar Road, Shoreham, New York 11786 ("Grantor") and the TOWN OF SOUTHOLD, a municipal corporation with offices at Town Hall, Main Road, Southold, New York 11971 ("Grantee"). ~TRODUCTION WHEREAS, the Grantor is the owner in fee simple of 22.362 acres of certain real property located at Mill Lane and Oregon Road, Mattituck, in the Town of Southold, Suffolk Cotmty, New York; and WHEREAS, the Property is located in the Agricultural-Conservation (A-C) Zoning District of the Town of Southold, which designation, to the extent possible, is intended to prevent the unnecessary loss of those curranfly open lands which contain prime agriculture soils as outlined in the Town of Southold Code, Section 110-30; and WHEREAS, the Grantor has contracted with Grantee to convey the Development Rights to 19.675 acres of the aforesaid parcel to Grantee under Development Rights Purchase Agreement dated April 10, 2000 (hereinaRer the Farmland), and has retained the Development Rights to 1.836 acres of the aforesaid parcel (hereinafter the Encumbered Property); as shown on a survey prepared by Anthor y Lewandowski dated March 27, 2000 and filed in the Southold Town Clerk's Office, and more fully described in Schedule "A' annexed hereto; and WHEREAS, the Encumbered Property contains a single family residence for occupancy by operator of the farm (barn and storage buildings), which agricultural uses the Grantor intends to continue; and WHEREAS, the Grantor wishes to grant an Agricultural Easement on the Encumbered Property so that it shall be and remain available for agricultural purposes and structures relating to the agricultural use of the Farmland and other agricultural property of the Grantor, and shall be restricted t~ me placement of agricultural structures thereon and other agricultural operations; and W~iEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect the Town's agricultural economy; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the property is located, and the Grantor and Grantee have, in common, the purpose of objective of protecting and conserving the present state and inherent, tangible and intangible values of the Farmland as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, the Grantor has determined it to be desirable and beneficial to grant an Agricultural Easement to the Grantee in order to restrict the further development of the Encumbered Property while permitting compatible agricultural uses and uses supportive of agricultural thereon; NOW, THEREFORE, in consideration of the mutual interests of the Grantor and the Grantee in the preservations of the agdcultoral viability of the Property, and in consideration of the acquisition of the Development Rights to the Farmland by the Grantee, and other good and valuable consideration, the receipt and sufficiency are hereby acknowledged by both parties, the parties agree as follows: 1 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens, except those held by parties whose consent to the easement is appended hereto and that Grantor possesses the right to grant this easement. 2 Grant of Easement Grantor hereby grants, releases and conveys to Grantee an easement whereby Grantor covenants, for itself, its successors and assigns, that the use of the Encumbered Property is and will, for the entire duration oftha easement, be restricted to such structures and uses which are exclusively agricultural in nature, including without limitation, horticultural farming operations, and associated structures such as barns, greenhouses, sheds, pumphousas, loading areas, fences, driveways, signs, underground utilities, irrigation structures, and other agricultural buildings; and uses such as fanning operations, agricultural production, storage of equipment and agricultural products, and related activities, and not more than one single family dwelling for occupancy by the Grantor and his family or the form manager actually managing the farming operations on the farmland, but excluding any commercial retail usages other than a farmstend. Nothing in this grant of easement shall be construed as a waiver by the Town of Southold of any building or zoning code regulating usage or density or other restriedon affecting the Encumbered Property, or a waiver of any approval required from the Farmland Preservation Committee under the Town Code. 3 Duration This Easement shall be a burden upon and run with the Encumbered Property for five (5) years from the date hereof, and shall be automatically extended for successive periods of one (1) year unless, prior to any anniversary date after the third anniversary of thiz agreement, Grantor advises Grantee in writing that it is terminating this Easement. In such event, the Encumbered Property shall, upon the anniversary date of this Agreement first following the delivery of such notice, be thereaO/er free of the burdens and encumbrances of this Easement. 4 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Grantee hereby accepts this Easement and shall have the right to enforce it against Grs~/~tor and all future owners, tenants, occupants, assigns and possessors of said Encumbered P~ ~perty, and in such event, to recover its reasonable costs and expenses, including attorneys fees." 5 Possession Grantor shall continue to have the right to exclusive possession of the Encumbered Property. Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Encumbered Property. 6' Use Grantor shall have the right to use the Encumbered Property in any manner and for any purpose consistent with and not prokthited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate fi.om the purposes tff this Easement. 7 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Encumbered Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Encumbered Property, including the full names and mailing addresses o£all Grantees, under any such conveyance. The instrument of any such conveyanea shall speuifieally set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by referenea, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such insmunent to comply with the provisions hereof shall not affect Cmmtee's fights hereunder. g Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other govermnentaI or municipal charges which may become a lien on the Encumbered Property, including any taxes or levies imposed to make those payments. 9 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, reasonable attorneys' fees, judgments or reasonable expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Encumbered Property arising from any activity on the Encumbered Property, except those due to the acts of the Grantee, its officers, employees, agents, or independent conU:actors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of tights under this Easement, excepting any of those matters arising from the acts of Grantee, its officers, employees, agents, or independent contractors. l 0 Restoration Grantee shall have the fight to require the Grantor to restore the Encumbered Property to the condition required by this Easement and to enforce this fight by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Encumbered Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, governmental authority or regulation, bona fide conservation or agticuitaral program, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Encumbered Property resulting from such causes. 1 l Enforcement Rlghis of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other fights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within lhirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to prevent irreparable injury to any protected aspects of the Encumbered Property under this Easement), Grantee shall have the tight at Grantors sole cost and expense and at Grantee's election, (i) to institute a suit to enjoin or cme such breach, default or violation by temporary and/or permanent injunction, or (ii) to seek to enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any tight or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable'attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under tiffs Section if Grantee prevails by order not subject to appeal. Grantee agrees to reimburse Grantor for all reasonable attorney's fees incurred in connection with any proceedings hereunder not brought or pursued in good faith by Grantee in which Grantor prevails by order not subject to appeal. 12 No Waiver antee s exercise of one remedy or rehef under this Agreement shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in caere!sing ~ reined}' ~aall ne~ have the effee~ ef waiving or limifi*~ the ~e of~ o~r rem~y or rouef ee ~e ~e of such o~er remedy or reltef at ~y o~er time. · 13 Entire Understanding This Easement cont~!h~ the ~ntire understanding between its parties concerning its subject ,matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement 'and superseded by it. 14 Severability Any provision of this Easement, restricting Orantor's activities, winch is determined to be invalid or unenforeaable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable end effective· Any other provision of tins Easement winch is dete~m;noA to be invalid or unenforceable by a enurt shall be severed from the other provisions, winch shall remain enforceable and effective, 15 Notice All notices required by this Easement must be written. Notices shall be delivered by registered or eextified n~, return receipt requested, with sufficient prepaid postage affixed. Mailed notice to Grantor shall be addressed to Grantors address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section. Mallad notice to Grantee shall be addressed to its principal office, recited herein, or to such other address as Grantee may designate by notice in accordance with this Section. Notice shall be deemed given end received three business days after mailing. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors &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. TOWN OF SOUTHOLD STATE OF NEW YORK, COUN2~ OF SUFFOLK: SS: ~ '~T '''~/ ,in the year 2000. before me, the undersignad, persunally~ppeared Louis Caraeciolo. Jr. and Lisa Caracciolo, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signature on the instrument, the individuals, or the persons or entities up°nbehalf°fwhlchtheindividualsacted, executed the ~fi~xn~2 ///']/2 go~ly Public, ~t~te of NewYurk No, 62.-4842871 ~,/ '~otsry Plthtic · o,,,.r,~,~.in s_~oa STA?~OP~~ O~ S~O~K: SS: On .'~/,~ ~ ~ [ , in t~ year 2000, before rqe, the undersigned, peree~ly k~ov~ tO ~ or prove~, tO n~ on ~he basis of satisfactory ~vig,enea that ha ~xeeutod thc ~a~c in ~is capacity ~ that by his si~mI'~re on the instrument, th~ individual, ~thc person or entity upon be~,!f of which the [udlvklu~ ~ted, exoouted ' · mnnw ~uo, et,t, 2!/ageasear No. 0~HA49270~9 ' ' 1 062P 296 All that ecflain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at-a point on the easterly side of Mill Lane, which point as distant 1,149.75 feet southerly as measttred l~m the intersection of the southerly side of Oregon Road and the easterly side of Mill Lane; RUNNING THENCE easterly through lands of John Sidor and others, South 72 degrees l0 minutes 00 seconds East 320.27 feet to a point; RUNNING THENCE southerly and continuing through lands of John Sidor and others, South 20 degrees 09 minutes 20 seconds West 250.00 feet to lands now or formerly of Warfan and Nancy Swain; RUNNING THENCE westerly ~long lands now or formerly of Warren and Nancy Swain South 72 degrees 10 minutes 00 seconds West 320.27 feet to the easterly side of Mill Lane; RUNNING THENCE northerly along the easterly side of Mill Lane, North 20 degrees 09 minutes 20 seconds East 250.00 feet to the point or place of BEGINNING. 2 0 1 0 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Yonngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 10, 2010 Louis Caracciolo, Jr. P.O. Box 820 Jamesport, NY 11947 RE: SCTM # '1000-100.-4-2.2 CARACCIOLO (flk/a Sidor) Property Request for Land Preservation Committee Review of "as built" self-contained fuel storage unit on property on which Town owns a development rights easement Dear Mr. Caracciolo: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code, reviewed your formal request at a Land Preservation Committee meeting held on November 9, 2010, for an "as built" self-contained fuel storage unit upon land on which the Town owns a development rights easement. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5-C. (2) [3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee is formally approving the use you requested, as listed and clarified below, as an allowed use within the development rights easement area: · An "as built" self-contained fuel storage unit that was given Suffolk County Health Department approval (File #17269 - Registration #10-0282) 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. Please feel free to call me if you have any questions regarding the above. Sinc~ Me~lis~sa Spiro · Land Preservation Coordinator encs: copy of application SCTM #1000-100.~4~2.2 Field Inspection: 9/29/2010 CARACCIOLO (f/k/a Sidor) Property 1250 Oregon Road, Mattituck Properly contained diesel fuel storage tank located in southeasterly quadrant, MELISSA A. SPIRO LAND PRESERVATION COORDINATOR meliss~ spiro~town.southold ~y.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Soufl~old, New York MAILING ADDRESS: P.O. Box 1179 Southold, Ny 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD REQUEST for Agricultural Structure Placement on pDR Land Tax Map No. 1000- 100 4 2.2 I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about June 21 e 2000 (date). Name of Owner (please print): Name(s)'of previous owner: (if applicable) Mailing Address: Phone Number: Property Location: Louis Jr. ~, Lisa Caraccio.lo Sidor/Krupski Mattituck, NY 11952 DEPT. OF LAND 1250 Oregon Rd, Mattituck PRES[;RVATION List type, size, and use of each agricultqral structure proposed: "as~built" t *Attach location map (survey, tax map, or sketch plan) showing placement area of agricultural structure(s), distance from property boundary lines, and any readily available information relating to your request, You may talk with the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. Please return the completed form with attachments to: Town of Southold - Land Preservation Department *All attachments must be signed and dated by property owner. A E R I A L S S U R V E Y SURVEY