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Home My WebLink AboutSidor, John Jr1000-107-10-6.3 (f/k/a 1000-107-10-p/o 6) Baseline Documentation Premises: County Road 48 Mattituck, New York 13.296 acres Development Rights Easement JOHN SIDOR, JR. to TOWN OF SOUTHOLD Deed dated June 25, 2001 Recorded July 10, 2001 Suffolk County Clerk - Liber D00012128, Page 744 SCTM #: Premises: 1000-107-10-6.3 (f/k/a 1000-107-10-p/o 6) County Road 48 Hamlet: Mattituck Purchase Price: Funding: $159,552.00 (13.296 buildable acres $12,000/acre) Community Preservation Funds (2% land bank) and NYS Ag & Markets Grant ($252,794.00 total reimbursement that includes Catherine Sidor property) CPF Project Plan: n/a Total Parcel Acreage: Development Rights: 18.296 acres 13.296 easement acres Reserved Area: 5.0 acres Zoned: A-C Existing Improvements: In June 2001 - Dirt road and cultivated field DESCRIPTION LAND The subject is part of two contiguous parcels of land having an area of 43.05+_ acres, however, we have been asked to exclude three sections of the subject, two non-contiguous parcels along Wickham Road and a 5 acre parcel along Middle Road containing improvements. Therefore, the subject of this appraisal is a 30.05+- acre parcel of land which is further described as follows: having a westerly boundary of 791+', a northerly boundary of 1,350+', running thence northerly 500+', running thence eastedy 250+-' along the southerly side of Wickham Road, thence southerly 165+-', thence easterly 80+', thence southerly 1,305+', thence westerly 250+' along the northerly side of Middle Road (C.R. 28), thence northwesterly 225+', thence westerly 500+', thence southerly 400+', thence westerly 200_+' along the northerly side of Middle Road (C.R. 48), thence northwesterly 434+', thence westerly 565_+' for a total area of 30.05+ 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 frontages. Middle Road is a two way, four lane, publicly maintained macadam paved road with shoulders. Mary's Road and Wickham Road are two way, publicly maintained macadam paved roads with shoulders. The property has a gently sloping topography and is cleared. It is situated at road grade at some areas, above road grade along Wickham Road and below road grade at areas along Middle Road. given associates DESCRIPTION (CONTINUED) IMPROVEMENTS The subject portion being appraised is unimproved vacant land. PRESENT USE AND OCCUPANCY The subject portion being appraised is in use as a farm. given associates P R 0 P E R T Y V I S U A L S A. DESCRIPTION 1. LAND The subject is part of two contiguous parcels of land having an area of 43.05+_ acres, however, we have been asked to exclude three sections of the subject, two non-contiguous parcels along Wickham Road and a 5 acre parcel along Middle Road containing improvements. Therefore, the subject of this appraisaf is a 30.05_+ acre parcel of land which is further described as follows: having a westerly boundary of 791_+', a northerly boundary of 1,350+', running thence northerly 500+', running thence easterly 250+' along the southerly side of Wickham Road, thence southerly 165+', thence easterly 80+', thence southerly 1,305_+', thence westerly 250_+' along the northerly side of Middle Road (C.R. 28), thence northwesterly 225_+', thence westerly 500_+', thence southerly 400_+', thence westerly 200_+' along the northerly side of Middle Road (C.R. 48), thence northwesterly 434_+', thence westerly 565+' for a total area of 30.05+ 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 frontages. Middle Road is a two way, four lane, publicly maintained macadam paved road with shoulders. Mary's Road and Wickham Road are two way, publicly maintained macadam paved roads with shoulders. The property has a gently sloping topography and is cleared. It is situated at road grade at some areas, above road grade along Wickham Road and below road grade at areas along Middle Road. given associates A. DESCRIPTION (CONTINUED) 2. IMPROVEMENTS The subject portion being appraised is unimproved vacant land. B. PRESENT USE AND OCCUPANCY The subject portion being appraised is in use as a farm. given associates Tax Map LocatiOn I I I I I I I ! ! ! ! 1 JOHN SIDOR, JR. & CA ~T~ov~ { ~ ,~R~ umSom]~OR B i,e~Land Trust ~ A--C IATTm. X;K R--' ~0 M! 69 I I$ I I I I I I I I I ! I ! I PHOTOGRAPHS OF SUBJECT VIEWS OF SUBJECT PROPERTY ~qqq given associates E N V I R O N M E N T A L S U M M A R Y ! I Phase I I Environmental Site Assessment I Sidor Property - Mary's Road 1.0 SUMMARY I ~e S~nbJoerC~ property has been inspected and r~pendently by Nelson, Pope& Voorhis, C ' er determine if potential environmental or public health concerns are present. This I report identify Recognized Conditions (as defined in ASTM is intended to Environmental Standards on Environmental Site Assessments for Commercial Real Estate) on the subject · property based on the four (4) basic components of a Full Phase I Environmental Site I Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. · The subject property lies in the Hamlet of Mattitack, Town of Southold, County of Suffolk, New York. The subject property consists of parts of two (2) parcels which total 31.8 acres of farmland with four (4) structures located in the southwest comer of the property. The prop,erty is located · on the north side of Middle Road (CR 48), approximately 731 feet east of Mary s Road. The · property is more particularly described as Suffolk County Tax Map # 1000-107-10-p/o 3 & p/o 6. I The subject property consists mainly of farmland that is planted with grasses for straw/hay. The southwest portion of the property contains standing water and wetlands vegetation. Four (4) farm buildings are located in the southwest comer of the subject property. These buildings consist of a steel barn for the storage of straw/hay, a small wooden barn, a small concrete block house and a two (2) stall barn for cattle. I The large steel barn was constructed in 1994 after a wooden barn located in the same position was damaged by ftre and demolished. This barn contained three (3) farm tracks at the time of the · site inspection. When the fields are, harvested, the straw/hay bales are stored in this barn. A · photograph from the Town Assessor s Office revealed a 550 gallon above ground storage tank -- was located off the southeast comer of the building. At the time of the site inspection, this tank · was not present. No staining was observed on the ground in the area of the former tank. A small · wooden barn is located to the north of the large steel barn. This wooden barn contained farm equipment at the time of the inspection and was in a deteriorated condition. Three (3) 55 gallon · drams of unknown contents were located in the barn. A 55 gallon drum located on the north side · of the barn had a hand pump extending from the top. An irrigation well head was located on the south side of the small barn. No pump engine was present at the time of the site inspection and I no staining or stressed vegetation was observed in the vicinity of the well head. A 275 gallon above ground fueI oil storage tank was observed on the southwest comer of the I concrete block house located to the north of the small barn. This house was utilized by farm workers but has been vacant ,for several years. The interior walls are painted concrete block and sheetrock. The ceilings are 2 x4' ceiling tiles and the floors are bare concrete and 12'x12' floor tiles. Two (2) small oil-fired heaters were located in the southern and central rooms of the house. dee site cio In~ report. 1. 3. 4. Sidor Property - Mary's Road, Mattituck Phase 1 ESA A small, two (2) stall barn is located directly north of the house. Three (3) empty 55 gallon drums were observed in the vicinity of this barn. Miscellaneous farm equipment was located to the north of this barn. The remaining area of the subject property is active farmland that was planted with grasses to harvest for straw/hay. extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) active and six (6) closed spill incidents located within one-half (0.5) mile of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of If the buildings are to demolished or undergo major renovation, an asbestos survey should be conducted in accordance with NYS Labor Code 56. The drums located in the area of the buildings should be removed and properly disposed of and the soil beneath the drums should be inspected for any visible staining. If the house is to be demolished, the 275 gallon fuel oil tanks should be removed and property disposed of and the on-site sanitary system should be properly abandoned in accordance with SCDHS regulations. If the property is ever to be utilized for residential development, the fields should be sampled for the presence of pesticides, lead and arsenic. If the irrigation and private supply wells are not to be used in the future, the wells should be closed in accordance with NYSDEC well closure regulations. Page 2 of 26 Sidor Property-Mary's Roa~,tM~eat~UsC~ FIGURE 1 LOCATION. MAP 1 L-... ,. , _;-, . ~ ' I ' ". -. ' :' ,"T ', 1, I '/-~ / ..:.) ",',.'>x-'~_ IX;': :~ ", / ~-;'--'- ',, ~,- ,, Source: Precision Mapping 1995-1996 I I,~ ! I I I I ! I I I ! FIGURE 2 SITE MAP Sidor Property - Mary's Road, Mattituck Phase I ESA NORTH + Page 11 of 26 FIGURE 3 GROUNDWATE~ CONTOUR MA~P ~Tq-'U ,,'"'/'.,,"~ ?' ~ ~~" ~ /~53324 ,... ,~..~-' · /, ~ (-~ ~~-~ ............ ~ ~ ~576~. x ~ k // ~ _ ~ ~.. ~,~-,~ Sidor Property - Mary's Road, Mattimck Phase I ESA I Source: SCDHS, 1999 NORTH + Page 17a of 26 OVERVIEW MAP - 640155.3s - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the t~rget property Sites st elevations lower than the target property Coal Gasifica.§on Sites (if requested) National Priority List Sites Landfill Sites /~V' Oil & Gas pipetines [] lg0-year flood zone [] 500-year flood zone ] Wetlands TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Sidor Property Marys Lane Mardtuck NY 11952 41.0006 / 72.5318 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 840155.3s June 04, 2001 6:09 pm DETAIL MAP - 640155.3s - Nelson, Pope & Voorhis LLC Target Property Sites st elevations higher than or equal to the t&rget property the target property Coal Gesific~.tion Sites (if requested) National Priority List Sites Landffil Sites ' TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: !_AT/LONG: Sidor ProperbJ Marys Lane Mattituck NY 11952 41.0006 / 72.5318 /~,/ Oil & Gas pipellnes [] 1O0-yearflood zone [] 500-year flood zone ] Wetlands CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Steven J. McGinn INQUIRY #: 640155.3s DATE: June 04, 2001 6:10 pm 3AL SETTING SOURCE MAP - 640155.3s dy I CUSTOMER: CONTACT: 11952 INQUIRY Cf: ~318 DATE: Nelson, Pope & Voorhis LLC Stever~ d. McGinn 640155.3s June 04, 2001 6:10 pm P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGIST19~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sbuthold, New York 11971 Fax (516) 765-6145 Telephone (516) 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 OCTOBER 12, 1999: RESOLVED that the Town Board of the Town of Southold hereby sets 5:11 P.M., Tuesday, October 26, 1999, 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 parcels of property from John & Catherine Sldor for purchase of development rights in agricultural lands under Chapter 25 of the Town Code. Property located at north side County Road 118, south side Wickham Avenue, and east side Mary's Road, Mattituck, New York, 7655 County Road q8 SCTM # 1000-0-107-10-006 and qU70 Wickham Avenue, SCTM # 1000-107-10-003, comprising appFoximately 30 acres, at a price of $360,000. Southold Town Clerk October 12. 1999 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25, Agricultural Lands Preservation, of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing on the ii26th of.October 1999, at 5:11 P.M., on the question of the the acquisition I . i of certain parcels of property from John and Catherine Sidor, for purchase of development rights in agricultural lands by the Town of Southold on the ]!following described property: · Suffolk County Tax Map No. 1000-107-10-006 and 1000-107-10-003 comprising approximately 30 acres, located on the north side of County Road iLt8, south side of Wickham Avenue, and east side of Mary's Road, at 7655 County Road t~8 and u, q70 Wickham Avenue, Mattituck, New York, at a purchase price of $360,000. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land is on file in the Southold Town Clerk'; Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: October 12, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 21, 1999, AND AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, HALL, PO BOX 1179, SOUTHOLD, NY 11971, Copies to the following: FORWARD ONE (1) TOWN CLERK, TOWN The Suffolk Times Town Board Members Land Preservation Committee John and Catherine Sidor Town Clerk's Bulletin Board TOWN A~',ORN/Y'S TOWN OF SOUTP, OL 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 (516) 765-6145 Telephone (516) 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 SOUTHOLO TOWN BOARD HELD ON OCTOBER 26. 1999: WHEREAS, the Tom Board of the Town of Southold is considering the purchase of development rights in agricultural lands pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code, fi.om Catherine and John Sidor, said parcel identified by SCTM #1000-107-10-3 and #1000-107-10-6 consisting of approximately 30 acres; and RESOLVED, by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED, by the Town Board of the Town of Southold that the Town is the only involved agency pursuant to SEQRA Rules and Regulations, be it further RESOLVED, by the Town Board of the Town of Southold that the Short Environmental Assessment Form prepared for this project is accepted and attached hereto; be it further RESOLVED, by the Town Board of the Town of Southold that this action does not present a significant adverse affect to the environment; be it further RESOLVED, that the Town Board of the Town of Southold hereby declares a negative declaration pursuant to SEQRA Rules and Regulations for this action Southold Town Clerk October 26. 1999 PROJECT LD. NUMBE.~ O ,7.--0 Appendix C State Environmental Quality ~eview SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLINED ACTIONS Only PA~T i~PROJECT INFORMATION ~o be compl~ted by Applicant or Project sponsor) ~, WI[J- PROPOSED ACTION COMPLY WITH -~$T~NG ZONING OR OT.-~ER -:~;(/~7~NG ~NO USE RE~-T~ICT~,,ONS7 ~ No ;! No, ~e~c~ba ~tetly WHAT tS PRESENT LANO USE IN '/IC;NITY OF ~ Rasidandal F-; Ineusma~ ~'~ comme'cta~ _ ~,~q fic'~lt ufa ~'---; P~,.~'F-.~ r es t/O pen so ace L.~Othet , .- ~'A~,~ R ~CAL~ , 11. OOES ANY ,LSP~ OF THE ACTION HAV~ A CU~y VAU0 P~n' OR APPROYAL~ Yes ]~;No I! yes. IL~[ ,~ency ~ame anti lae, nntb'aa~xmal I C~--=FFIFY THAT~THE INFORMATION PR~ED ABOVE ~ ~UE TO ~E ~ OF MY KNOW.GE ~ "~'"' t -~ the action is in the Coastal Area, and you are a state a~ency, complete the Coastal ~sessment Fo~ 5etore proceeding with this ~ssessment OVER ~ART II--ENVIRONMENTAL E$SMENT (To be comoie~,ed by Agenc'/) PART III~OETE~MINAT~ON OF SiGNIFiCANCE (To be compie[ed by Agency) ~.~NSTRUC'T]ONS: For eac~ ad, ems effect identified a~ detem~ine ~vi~ether it is sut)st~nttaJ~ Ja~ge;;i~1~pocrant or otl~erwise $ignifican[ ct~ effect saouid ~e assas~ed ~n connec~o~l wis its (si settlhg (I.e. or~3ar[ or ~n'eversibility;, (el geoq~'ao~ie scope; and (fi magnitude. If neceasa~/, acid attact~ments or reference suppc~rtincJ materials. ~sure exDlanations com3in sufficient detail to stlow ~a~ ail relevant adveme impacts have been identffied and adec3uately addressed. question O of P~r~ II was ¢~ec.~ed yes, t~e determination aJ~d Signffic. Gncs mus~ evaluate the potential impact of the proposed actior on the environmemal c~arac~.ecisTid~ of the CE~. I'-; Check ~is box if you have identified one or more potentially Iai'ge or signi(icant adverse' impacts which MAY occur. Then i3roceed directly to tl~e F~JLL EAF sndJor preba~'e a positive declaration. ~//~Check this box if you have cieterrnined~ based on ~e information end analysis above and any su~3oor~ ng doc~Jmentadon, ~hat ~Jle proposed ac[ion WILL NOT result in any significant adverse environmental imoac[s AND provide on ~actlments as ne[;sasary, Ihs reasons suo!3o~inq, this ~etermination: P U R C H A .S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 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 OCTOBER 26, 1999: WHEREAS, development rights in the agricultural lands and WHEREAS, the Town Board held a public acquisition on the 26th day of October, 1999, the Town Board of the Town of Southold wishes to purchase the of John and Catherine Sidor; hearing with respect to said pursuant to the provisions of Chapter 25, Agricultural Land Preservation of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the developments rights in the agricultural lands set forth in the proposed acquisition between the Town of Southold and John and Catherine Sidor; now, therefore be it RESOLVED that the Town Board of the Town of purchase the development rights in the aforesaid by John and Catherine Sidor, said parcel Southold hereby elects to agricultural lands owned identified by SCTM # 1000-107-10-3 and 1000-107-10-6 and consisting of approximately 30 acres, which is subject to results of a survey to be provided by property owner, at a cost of $12,000.00 per acre. Southold Town Clerk October 26, 1999 C L O S I N G S T A T E M E N T CLOSING STATEMENT CATHERINE SIDOR to TOWN OF SOUTHOLD SCTM #1000-107-10-p/o 3 and JOHN SlDOR, JR. to TOWN OF SOUTHOLD SCTM #1000-107-10-p/o 6 Development Rights Easements Total Acreage - 32.67 acres Actual Acreage included in Purchase Price = 31.773 acres @ $12,000/acre Closing held on Monday, June 25, 2001, at 10:00 a.m., in Southold Town Hall Premises: SCTM #1000-107-10-p/o 3 owned by Catherine Sidor 1750 Mary's Road, Mattituck = 19.374 acres development rights easement (n/Ida SCTM #1000-107-10-3.2) SCTM #1000-107-10-p/o 6 owned by John Sidor, Jr. County Rt 48, Mattituck, NY = 13.296 acres development rights easement (n/Ida SCTM #1000-107-10-6.3) Purchase Price: Catherine Sidor (18.477 acres @ $12,000/acre) $ 221,724.00 John Sidor, Jr. (13.296 acres @ $12,000/acre) $159,552.00 $ 381,276.00 Disbursements: Catherine Sidor (check #062717) John Sidor, Jr. (check #062716) $ 221,724.00 $159,552.00 Closin~ ExDenses: Commonwealth Land Title Ins Co. (check #062719) Title policy #RH70993176 - $1851.00 Recording two deeds - $200.00 Karen Hagen, Esq. (check #062720) Title closer fee Patrick A. Given, SRPA (check #056138) Appraisal Nelson, Pope & Voorhis, LLC (check #063615) Environmental report John C. Ehlers Land Surveyor (check #064093) Survey SCTM #1000-107-10-p/o 3 - $750.00 Survey SCTM #1000-107-10-p/o 6 - $750.00 $ $ $ $ 2,051.00 50.00 1,800.00 1,500.00 1,500.00 Present at Closing: Jean W. Cochran - Supervisor Gregory F. Yakaboski, Esq. - Town Attorney Catherine Sidor- Seller John Sidor, Jr. - Seller Abigail A. Wickham, Esq. - Attorney for Sellers Karen Hagen, Esq. - Title Closer Dawn Huey - Legal Intern, Town of Southold II'Og2?&?ll' m:O2~.~OS~,~m: F,~. OOOO0~ O,' H3.8660.2.600.100 062501 DEVELOPMENT RIGHTS-SIDOR TO TOS- 18.477 ACRES SCTM 1000-107-10-3 221,724.00 TOWN OF SOUTHOLD · SOUTHOLD; NY 11971-0959 TOTAL **$221,724.00~ ~l'O& 8? i,&,' '.'081,[~051~&t,': r~, 000001~ O,' VENDOR #19308 H3.8660.2.600.100 062501 DEVELOPMENT RIGHTS-SIDOR TO 159,552.00 TOS- 13.296 ACRES SCTM 1000-107-10-6 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOTAL **$159,552.00'* "'O&8?~,c~,' ':081,~,OSl~&~,~: g:l, OOOOOt, Oil' H3.8660.2.600. 100 062501 TITLE REPORT RECORD DEED SIDOR TO TOWN OF SOUTHOLD 1,851.00 200.00 TOTAL **$2,051.00'* TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 "'0&8780,' I;08;NOSN~N,: ~3 ODD001, 0,' H3.8660.2.600.100 062501 TITLE CLOSER FEE SIDOR TO TOWN OF SOUTHOLD 50.00 TOTAL **$50-007 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK JE Date Trx. Date Fund Account ............................ Begi 2/18/1999 2/18/1999 H1 600 10/12/1999 10/12/1999 HI 600 .. 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 10/26/1999 . . 3/14/2000 3/14/2000 . . 3/14/2000 3/14/2000 3/14/2000 3/14/2000 ]~ 3/14/2000 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 H2 600 H2 600 H2 600 H2 .600 H2 .600 H2 .600 H2 .600 . . 4/11/2000 4/11/2000 H2 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .......... Detail--GL100N. ~'~203142000-520 Line= : Account.. H2 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/14/2000 SDT 3/15/00 : : Trx Amount... 1,800.00 : : Description.. APPRAISAL-J.SIDOR, JR PRP : : Vendor Code.. 007416 : : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 56138 SCNB : : Invoice Code. 2000125 : : VOUCHER ...... : : P.O. Code .... 06685 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. N : : Date Released 3/14/2000 : : Date Cleared. 3/31/2000 : : F3=Exit F12=Cancel : Nelson, Pope & Vo rhis, LLC ,,~r'2'W~lt Whitman Road Phone:( ~-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 00101 Project: Sidor Property, Mattituck Manager McGinn, Steven VA0006 To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 595 Invoice Date: July 26, 2001 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Contract Amount: $1,500.00 Percent Complete: 100.00% Fee Earned: $1,500.00 Prior Fee Billings: $0.00 Current Fee Total: $1,500.00 *** Total Project Invoice Amount $1,500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti , . 4/10/2001 4/10/2001 B 600 4/26/2001 5/22/2001 7/31/2001 8/14/2001 8/14/2001 8/14/2001 8/14/2001 8/28/2001 4/26/2001 H3 600 5/22/2001 H2 600 7/31/2001 H3 600 8/14/2001 H3 600 8/14/2001 B 600 8/14/2001 B 600 8/14/2001 B 600 8/28/2001 H3 600 9/25/2001 9/25/2001 10/09/2001 10/09/2001 10/09/2001 10/09/2001 11/08/2001 11/08/2001 .~2/04/2001 12/04/2001 ,~2/18/2001 12/12/2001 A 600 H3 600 H3 600 A 600 A 600 H2 8686.2.0 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name Detail--GL100N : W-08282001-588 Line: 210 Formula: 0 : : Account.. H3 .600 : :Acct Dese ACCOUNTS PAYABLE : : Trx Date ..... 8/28/2001 SDT 8/28/01 : : Trx Amount... 1,500.00 : : Description.. ESA-JOH~/CATHERINE SIDOR : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt vnd.. : : CHECK ........ 63615 SCNB : : Invoice Code. 595 : : VOUCHER ...... : : P.O. Code .... 08131 : : Project Code. : : Final Payment P Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. N : : Date Released 8/28/2001 : : Date Cleared. 9/30/2001 : : F3=Exit F12=Cancel : JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 BiIITo I Your Client Town of Southold Town Hall Southold, N.Y. 11971 Invoice Date Invoice # 6/25/'01 20595 L I6Date of Service ~ Description /25/'01 ! pS~)rtinoenY of(~rt~att~,lriOnS~ ~i~loDr~relmOpment Right iiilhile orai 1000-107-10~p/o 3 i csidor Amount 750.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 005322 EHLERS/JOHN C. JE Date Trx. Date Fund Account ............................. Begi 12/22/1998 12/22/1998 H .600 2/18/1999 2/18/1999 HI .600 12/21/1999 12/21/1999 H2 .600 3/28/2000 3/28/2000 H .600 5/08/2001 5/08/2001 H3 .600 10/09/2001 10/09/2001 ~3 .600 10/09/2001 10/09/2001 H3 .600 12/04/2001 12/04/2001 ~3 .600 12/04/2001 12/04/2001 H3 .600 12/04/2001 12/04/2001 ~2 .600 4/25/2002 4/25/2002 ~3 .600 8/27/2002 8/27/2002 H3 .600 1/07/2003 1/07/2003 H3 .600 2/25/2003 2/25/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 ......................... Use Acti ~ct Record(s) or Use Action Code : W-10092001-041 Line: 87 Formula: 0 Account.. H3 .600 Acct Deso ACCOUNTS PAYABLE Trx Date ..... 10/09/2001 SDT 10/10/01 Trx Amount... 750.00 Description.. SURVEY-C.SIDOR Vendor Code.. 005322 Vendor Name.. EHLERS/JOHN C. Disburs Inquiry by Vendor Name ............ Detail--GL100N .............. Alt Vnd.. CHECK ........ 64093 SCNB Invoice Code. 20595-1 VOUCHER ...... P.O. Code .... 08347 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. N Date Released 10/09/2001 Date Cleared. 10/31/2001 F3=Exit F12=Cancel JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 6/25/'01 20595 Town of Southold Town Hall Southold, N.Y. 11971 Your Client John Sidor Date of Service 6/25/'01 SCTM# .. / 1000-107-10-p/o 6 i Description ~ Survey for town to close on Development Right purchas~ o portion of the John Sidor farm ~ My Job # I jsidor Amount 750.00 GL108S 20 TOWN OF $OUTHOLD ** Actual 005322 EHLERS/JOHN C. JE Date Trx. Date Fund Account ............................. Begi 12/22/1998 12/22/1998 H 600 2/18/1999 2/18/1999 ii 12/21/1999 12/21/1999 , , 3/28/2000 3/28/2000 5/08/2001 5/08/2001 ~ 10/09/2001 10/09/2001 ,, 10/09/2001 10/09/2001 ,, 12/04/2001 12/04/2001 ,, 12/04/2001 12/04/2001 ,, 12/04/2001 12/04/2001 , , 4/25/2002 4/25/2002 8/27/2002 8/27/2002 1/07/2003 1/07/2003 2/25/2003 2/25/2003 H1 600 H2 600 H 600 H3 600 H3 600 H3 600 H3 600 H3 600 H2 600 H3 600 H3 600 H3 600 H3 600 4/08/2003 4/08/2003 H3 600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-10092001-041 Line: 86 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 10/09/2001 $DT 10/10/01 : Trx Amount... 750.00 : Description.. SURVEY-J.SIDOR : Vendor Code.. 005322 : Vendor Name.. EHLERS/JOHN C. : Alt Vnd.. : CHECK ........ 64093 SCNB : Invoice Code. 20595 : VOUCHER ...... : P.O. Code .... 08346 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. N : Date Released 10/09/2001 : Date Cleared. 10/31/2001 : F3=Exit F12=Cancel : R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 8 TRANSFER TAX NUMBER: 00-45083 District: 1000 Amount: Recorded: At: LIBER: PAGE: Sec tion: Block: 107.00 10.00 EXAMINED AND CHARGED AS FOLLOWS $159,552.00 Received the Following Fees For Above Instru~nent Exempt Page/Filing $24.00 NO Handling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 00-45083 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 07/10/2001 04:13:21 PM D00012128 744 Lot: 006.003 Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $84.00 AUG 3 2001 TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD Number of pages TORRENS Serial # Certificate #. Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES 2001 Jul !0 04:13:2i PM Eduard P.Ro~mine CLERK O? ~ 744 Recording / Filing Stamps Page / Filing Fee Notation EA-52 17 (County) fi") -- EA-5217 (State) Comm. of Ed. 5 OD Affidavit Certified Copy Reg. Copy Other SubTotal Sub Total GRAND TOTAL Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assg. 0r Spec./Add. TOT. MTG. TAX Dual Town Dual County.__ Held for Apportionment __ Transfer Tax -~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax clause on page # __ of this instrument. Real Property Tax Service Agency Verification Dist. Section B lock Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: This page forms prat of the atlached ITitle # 7~qq3l 7A Suffolk County Recording & Endorsement Page ~bp~ ~ ~ ~ _ made by: (sPm~ ~ OF msm~ r ~ ~e presses h~ein is si~t~ m S~FOLK CO~. ~W YO~ TO In the To~Np of ~ ~ 50~ N ~e ~LLAGE BO~S 5 ~U 9 ~ST BE ~ OR P~D ~ BLACK ~ O~Y P~OR TO ~O Og F1L~G. Cormmunity Preservation Fund Lot Consideration Amount $1$~..ff~.~2,d~d~ CPF Tax Due $ O Title Company Information DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 25th day of June, 2001, BETWEEN JOHN SIDOR, JR. residing at 3980 Wickham Avenue, Mattituck, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road (Route 25), 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 ONE HUNDRED FIFTY-NINE THOUSAND FIVE HUNDRED FIFTY-TWO ($159,552.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the Northwesterly side of Middle Road (C.R. 48) at the Southeasterly corner of the premises described herein and the southwesterly corner of land now or formerly of Anthony and Edith Krupski; RUNNING THENCE southwesterly along said northwesterly side of Middle Road (C.R. 48) along an arc of a curve bearing to the left having a radius of 3879.72 feet, a distance of 128.41 feet; THENCE North 31 degrees 24 minutes 32 seconds West, 396.31 feet; THENCE South 38 degrees 43 minutes 03 seconds West, 606.36 feet to land now or formerly of Sidor; THENCE North 30 degrees 38 minutes 46 seconds West along said land, 893.09 feet to land now and formedy of Marlo and Florence Belletti; THENCE North 55 degrees 47 minutes 11 seconds west along said land, 136.41 feet to the southeasterly side of Wickham Avenue; THENCE North 49 degrees 10 minutes 53 seconds East along Said southeasterly side of Wickham Avenue, 51.76 feet; THENCE South 55 degrees 47 minutes 11 seconds East, 134.19 feet; THENCE South 30 degrees 38 minutes 46 seconds East 144.24 feet; THENCE North 49 degrees 10 minutes 53 seconds East, 517.89 feet; THENCE North 31 degrees 07 minutes 22 seconds West, 413.84 feet to the southeasterly side of Wickham Avenue; THENCE Northeasterly along said southeasterly side of Wickham Avenue along an arc of curve beginning to the left having a radius of 664.64 feet; a distance of 6.42 feet; THENCE North 11 degrees 16 minutes 28 seconds East still along said southeasterly side of Wickham Avenue, 67.71 feet to a monument and land now or formerly of Martin H. Sidor; THENCE South 31 degrees 07 minutes 22 seconds East along said land now or formerly of Martin H. Sidor, 165.00 feet, to a monument; THENCE North 58 degrees 52 minutes 38 seconds East still along said last mentioned land, 80.00 feet to a monument and land now and formerly of Anthony and Edith Krupski; THENCE along said land now or formerly of Anthony and Edith Krupski the following three (3) courses and distances: 1. South 31 degrees 07 minutes 22 seconds East, 64.78 feet; 2. South 30 degrees 23 minutes 12 seconds East, 391.07 feet, and 3. South 31 degrees 24 minutes 32 seconds East, 851.87 feet to the northwesterly side of Middle Road (C.R. 48) and the point or place of BEGINNING, TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the pady 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. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production: as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: 3 "Agricultural Production- shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." 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 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. 4 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 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 title 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 5 substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 6 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. The following shall be a covenant running with the land in perpetuity subject to the Town receiving grant money from the New York State Department of Agriculture reimbursing the Town for the partial or total purchase price of this interest in land: "all amendments to the approved easements (the covenants and restrictions set forth in this Deed) must be authorized by the New York State Department of Agriculture." This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this 6 deed the day and year first written above. Purchaser: Town of Southold JEAN W..I COCHRAN, Supervisor STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the 25th day of June, 2001, before me personally appeared JOHN SIDOR, JR., personally known to me or provided to me on the basis of satisfactory ev dence to be the individual whose name is subscr bed to the ~bin · . ~rz ;~ PC'E[:, ~nstrument and acknowledged to me that he executed the same and~atT~ signature on the nstrument the individua, or the person upon beh~if'~f~l¢¢~;.;.,~',~ the individual acted, executed the instrument. CLERK OF SUr FULK COUNTv .DT~ 00--,~ ~ Notaw Public~ ~REN J. HAGEN NOTARY PUBLIC, ~ate ct New York No. 0~HA4927029 Ouahfled" in Su~olk County~ Commission ~pire~ M~r¢ ~1, STATE OF NEW YORK COUNTY OF SUFFOLK )SS: On the 25th day of June, 2001, before me personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public ~ ~ NOTARY PUBLIC, State oi NewYork No. 02HA4927029 Qualified in Suffolk County ~2~-- Commission Expires March 21,20 ~ 7 T I T L E P 0 L I C Y ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth A LANDAMERICA COMpANy OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Dale of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as in~ured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it{ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: Secretary COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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 Ioss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM I PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A Valid only if Schedules A and B and Cover are attached File No.: RH70993176 Commonwealth SCHEDULE A Amount of Insurance: $381,276.00 Date of Policy: 3UNE 25, 2001 45 Pa/icy No.; RHT0gg3~?G Name of Znsured: TOWN OF SOUTHOLD/DEVELOPNENT RZGHTS The estate or Interest In the land which is covered by this policy Is: DEED OF DEVErOPHENI' RZGHTS Title to the estoLe or Interest in the land Is vested in: TOWN OF SOUTHOLD/DEVELOPHENT RAGHTS I~¥ deed made by 3OHN SZDOR and CATHER/;NE SZDOR, hie wife to the ~NSUP, ED dated 3UNE 25, 2001 and t:o be recorded In the Office of ~he C/edr./P. egister of SUFFOLK Count/. The lend referred to in this policy is described on the annexed Schedule A - Description. Countersigned= Authorized Officer or Agent I~ee Policy Insert File No.: RH70993171 Disposition SCHEDULE A PARCEL I AMENDED 6/22/01 All that certain plot piece or parcel of land, situate, lying and being at Mattituck, in the town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northwesterly side of Middle Road ( C.R. # 48) at the southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of the County of Suffolk; RUNN[NG THENCE along said laid now or formerly of the County of Suffolk the following two (2)courses and distances: 1. North 51 degrees 16 minutes 57 seconds West 427.45 feet and 2. South 64 degrees 17 minutes 07 seconds West 565.10 Feet to the easterly side of Hary's Road; THENCE North 27 degrees 17 minutes 46 seconds along said easterly side of Mary's Road, 790.67 feet to land now or formerly of .lohn :). Sidor, .lt., and Catherine Sidor; THENCE North 61 degrees 00 minutes 53 seconds East along said land, 134.00 feet; THENCE North 60 degrees 16 minutes 11 seconds East 381.18 feet to land now or formerly of John E. Clause and .loanna Paulson; THENCE North 52 degrees 54~ minutes 59 seconds along said land, 137.00 feet to land now or formerly of Marlo & Florence Belletti; THENCE North 58 degrees 42 minutes 09 seconds East alOng said land, 200.74 feet; THENCE North 18 degrees 45 minutes 21 seconds West still along said last mentioned land, 105.1.4 feet to land now or formerly of John ]. Sidor, ~lr., and Catherine Sid0r; THENCE South 30 degrees 38 minutes 46 seconds East along said land now or formerly of John ]. Sidor, .lr., and Catherine Sidor, 1270.83 feet to the northwesterly side of iVliddle Road (C.R. 48); THENCE South 38 degrees 43 minutes 03 seconds West along said northwesterly side of Middle Road (C.R. 48), 220.25 feet to the point or place of BEGINNING. Title Report File No.: RH7099317; Disposition SCHEDULE A PARCEL2 AHENDED 6/22/01 All that certain plot, piece or parcel of land, situate, lying and being at Hattituck, in the Town of Southold, County of Suffolk, and state of New York, bounded and described as follows: BEGINNING at a monument on the Northwesterly side of Middle Road (C.R. 48) at the Southeasterly corner of the premises described herein and the southwesterly corner of land now or formerly of Anthony and Edith Krupski; RUNNING THENCE southwesterly along said northwesterly side of Hidc[le Road(C.R. 48) along and arc of a curve bearing to the left having a radius of 3879.72 feet, a distance of ~.28.41 feet; THENCE North 3! degrees 24 minutes 32 seconds West, 396.31 feet THENCE South 38 degrees 43 minutes 03 seconds West, 606.36 feet to land now or formerly of Sidor; THENCE North 30 degrees 38 minutes 46 seconds West along said land,1270.83 feet to land now and formerly Marlo and Florence Belletti~ THENCE North 55 degrees 47 minutes 11 seconds west along said land, ].36.41 feet to the southeasterly side of Wickham Avenue; THENCE North 49 degrees 10 minutes 53 seconds East along siad southeasterly side of Wickham Avenue, 51.76 feet; THENCE South 55 degrees 47 minutes 1~. seconds East, 134.19 feet; THENCE South 30 degrees 38 minutes 46 seconds East. ~.44.24 feet; THENCE North 49 degrees 10 minutes 53 seconds East, 517.89 feet: THENCE North 31 degrees 07 minutes 22 seconds West, 413.84 feet to the southeasterly side of Wickham Avenue; THENCE Northeasterly along said southeasterly side of Wickham Avenue along an arc of curve beginning to the left having a radius of 664.64 feet, a distance of 6.42 feet; THENCE North 11 degrees 16 minutes 28 seconds East still along said southeasterly side of Wickham Avenue, 67.71 feet to a monument and land now or formerly of Martin H. Sidor; THENCE South 31 degrees 07 minutes 2 2 seconds East along said land now or formerly of Martin H. Sidor, 165.00 feet, to a monument; THENCE North 58 degrees 52 minutes 38 seconds East still along said last mentioned land, 80.00 feet to a monument and land now and formerly of Anthony and Edith Krupski; Title Report File No.: RH70993171 Disposition THENCE along said land now or formerly of Anthony and Edith Krupski the following three (3) courses and distances; 1. South 31 degrees 07 minutes 22 seconds East, 64.78 feet; 2. South 30 degrees 23 minutes 12 seconds East, 391.07 fe~t, and 3. South 3! degrees 24 minutes 32 seconds East, 851.87 feet to the northwesterly sie of Middle Road (C.R. 48) and the the point of place of BEGINNING. Title Report SCHEDULE B Exceptions from Coverage File No,; RH?0993~.76 IThis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' 1Fees or expenses) which arise by reason of the following: '11. 2. ;, Pjgh~s ef tenants or parsons in possession. Continued AgriCultural Commitment recorded In 8431 page 462 and Llber 8633 page 296 (Parcel I); Continued Agricultural commitment recorded in Uber 8431 page 464 and Uber 8633 page 298 (Parcel Fill Easement Area in favor of Suffoll( Coul~ty set forth in map #33 recorded in Uber 5833 page 71 and referred to in deed Uber 11766 page 904 (Parcel I) Fill Easement Area In favor of $~lffolk County set forth in Hap #32 recorded in Libor $833 page 8:1 and referred to in deed Liber 11.766 page 905 (Parcel As to Parcel I: Survey made by .lohn C. Ehlers dated April 15, 1999 shows premises as unimproved vacant land. (a) Four (4) barns situated in southeasterly part of the premises; (b) garden area straddles easterly line, (c) dirt roads traverse premises throughout and enter onto adjoining premJses; No other variations or encroachmei~ta shown. Policy excepts any state of facts from the date of I:he survey read herein. As to Parcel [[: Survey made by .lohn C. Ehiers dated April 15,:1999 shows premises as unimproved vacant land. (al twenW (20) foot wide fill easement over extreme southeasterly part of premises; b) dirt roads treveme premises throughout and enter onto adjoining premises, (c) garden ~rea s~raddles westerly line; (d) surveyor denotes premises as being cultivated fields. 'No other encroachment~ shown. Policy excepts any state of facts from the date of I:he survey read herein. Fee Policy Insert CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in Ihis policy mean: fa) "insured": the insured named in Schedule A. and. subject to any rights or defenses the Company would have had against the named insured. Othose who succeed to the interesl of the named insured by operalion of law as distinguished from purchase including~ but nol limited to heirs. distributees, devisees, survivors, personal representatives, next of kin. or corporate or fiduciary successors. (by "insured claimant": an insured claiming loss or damage. (c) "know]edge" or "known": actual knowledge, not constructive knowledge or notice which may be dnputed to an insured by reason of the public records as defined in Ihis policy or any other records which impart constructive notice of matters affecting the land. (dj "land": the land described or referred to in Schedule A. and m~provements affixed thereto which by law consttlute real property 'lhe term "land" does not include any property beyond the lines of lhe area described or referred lo in Schedule A. nor any right . title, interest, estale or easement m abutting streets, roads, avenues~ alleys, lanes, ways or waterways, bul nothing herein shall moddy or limit Ihe extent to which a right of access to and from the land is insured by this policy (e) "morlgage": mortgage, deed of trusl, trust deed. or olher security instrument (Fl "public records": records established under state slatutes at Date of Poficy for thc purpose of imparting conslructNe notice of mailers relating to real properly to purchasers for value and without knowledge Wilh respect Io Section [(ay (iv) of the Exclusions From Coverage. -public records" shall also include environmenlal protecfion liens filed in the records of the clerk of the United Slates district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would en!ide a purchaser of lhe eslate or interest described in Schedule A to be released from the obligation to purchase b3, virluc of a contractual condition requiring the delivery of markelable lille 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Dale of Policy in favor of an insured only so long as file insured relains an estate or interesl in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from tile insured, or only so long as insured shall have liability by reason of covenanls of warranly made by the insured in ally transfer or con'~eyance of Ibc estate or interest This policy shall nol continue in force in favor of any purchaser from the insured of either ti) an estate or imerest in the land. or (ii) an indebtedness secured by a purchase money mortgage given to the insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify tile CompalD pronlptl) in ~rlfing ti) in case of any litigalion as set forlh in gecfion 4(al belo~. (ii) in case kno~qcdge shall cause loss or damage for which thc Cunlpany ina.. be liable by virtue of Ihis poficy, or (iii) if lille to the estale ol inlerest, tls insured, is rcjecled as to Ihe insured all liability, of Ihe Con p y sh lerminate with regard tu however, that failure lo nord3, tile (ompany shalJ ill no case prejudice thc rights of any insured under this policy unless tile Company shall bc prejudiced by the failure and Ihen onN to ~he extent of Iht prejudice 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. against by this policy The Companyr shall ha~e tile rigllt Io select ~ounsel of its choice (subjecl to lhe righl of thc insured lo object for reasonable B 1!90-1A (c) Whenever thc Company shall have broughl an action or interposed a defense as required or permitled by the provisions of this policy. Ihe Company may pursue any litigation ~o final determination by a court of competent jurisdiction and express y reserves the right, in its sole discrefion. 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 lo so prosecute or provide defense in the acfion or proceeding, and all appeals therein, and permit the Company to use. at its op,on, the. name of the insured for this purpose Whenever requested by the Company. the insured, at the Company's expense, shall give the Company all reasonable aid {i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuhng or defending the action or proceeding, or cffecting settlement, and (ii) in any other law fid act which in Ihe opinion of thc Company may be necessary or desirable to establish the Idle Io Ihe estale or interest as insured If the Company is prejudiced by lbe failure of Ihe insured to furnish the required cooperation, the Company's obligations lo the insured under the policy shall terminate, including any liabdily or ubligalion to defend, prosecute, or continue any litigation, wdh regard to lhe matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. [n addition to and after the notices required under Section 3 of tbese Conditions and Sfipulations have been provided the Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished ti) the Company within 90 days after the insured claimant shall ascertain Ihe facts giving rise to the loss or damage. The proof of loss or damage shall describe the defecl in. or lien or encumbrance on the tdle. or other mailer insured against by this policy which constdules Ihe basis of loss or damage and shall slate, to the exlent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by' tbe 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, proseculc, or continue any ldigafion, with regard to the mailer or mailers requtring such proof of loss or damage In addition, the insured claimant may reasonably be requi~ed to sabred Io examinahon under oath by any authorized representative of Company and shali produce for examination, inspection and copying~ at such reasonable limes and places ils may be designated by any authorized representafive ol ~he Company all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Policy. u:hich reasonably pertain to thc loss or damage Further. if requested by any authorized represenlallxe of lhe Conlpany . the insured claimant shall granl its permission, m ~riting. for any authorized representative of Ihe Colnpany to examine inspect and copy itl[ recolds. books, ledgers, checks, correspnndence and memoranda in the custody or control ol a third party. ~hich reasonably pertain lo the loss or dan~age All mfornlafion designated }ts confidential by the insured claimant provided to tile Colnpany pursuant Io this Section shall not be disclosed to others unless, in the reasonable judgement ol the Company. it ts necessary in Ihe adndnistralion of thedaim Failure of the insured claimant to subndt [or parl~es as required in Ihis paragraph shall termimttc an? liabildy of Ihe Company under fibs policy as to thai claml 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. ;::) Iq ¼ - Ft Iq 'l f'l ~1 ~*l k, 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against acluaI monetary' loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described (ay The liability of the Company under this policy shall not exceed the least of: (i) the Amounl of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest suhject to Ihe defect, lien or encumbrance insured againsl by this policy'. (by In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for tile land, ~hichever is less, or if subsequent to the Date of Policy an improvement is erected on the land whicil increases the value of Ihe insured estale or interest by at least 20 percent over the AmounI of Insurance stated in Schedule A, then this Policy' is subject to the following: (i) ,~here no subsequent :mprovement has been made, as to any partial loss, the Company shall only pay, the loss pro rala in the propoztion thai the amounl of insurance at Date of Policy bears to Iht tolal value of the insured estate or interest at Date of Policy: or (ii) where a subsequent imprqvement has been made. as to any parlial 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 ID lhe sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss 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 Po]icy of each separale parcel to the whole, exclusive of any improvements made subsequenl to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the thsured at the time of the issuance of this policy and sho~,n by an express statement or by an endorsement attached to this policy 9. LIMITATION OF LIABILITY. (ay If the Company establishes the title, or removes the alleged dcfccL lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarkelability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shah have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby (by 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. LIABILITY NONCUMULATIVE Il is expressly understood that the amount of insurance under this policy shall be reduced by any ainount the Coinpany inay 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. (ay NO payment shall be made without producing t his policy fo~ endorsemen[ of the payment unless the policy has been lost or deslroyed, in which case proof of loss or destruction shall be furnished to the sa6sfa'ction of the Company, NM 1 PA 10 ALTA Owner's Policy (10-17-92) Form 1190-3 Cover Page CONDITIONS AND STIPULATIONS (Continued) (by When liability and the extent of loss or damage has been definiteIy fixed in accordance with these Condiiions and Slipulations, the loss or damage shall be payable within 30 days thereafter 13.SUBROGATION UPON PAYMENT OR SETTLEMENT. (ay The Company's Right of Subrogation. Whenever the Company shall have seHled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimanl The Company shall be subrogated to and be entitled to all rights and remedies which tile insured claimant would have had against an.~ person propeHy in respect to the claim had this po]icy not been issued If requested by the Company', the insured claimant shall transl'cr to the Company all rights and remedies against an~ person or propmty necessary in order to perfecl this right of subrogation The insured claimant shall If a paymenl on accounl of a claim does nol full3 cover the loss of tile insured chdmant, Ihe Company shall be subrogated to these rights and remedies in the proportion which Iht Company's payment bears to the If loss should result from any act of the insured claimant, as slated above, lhat act shall not void this policy, but the Company, in lhat event. shall be required to pay only that part of any losses insured against b3 this policy which shall exceed lhe amount, if any, lost to the Company by reason of ~he impamnent by the insured claimant of the Company's righl of subrogation. (by The Company's Rights Against Non-insured Obligors. The Companfs right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranlies, udder policies of ~nsurance or bonds. which provide for subrogation rights by reason of Ihis policy,. 14. ARBITRATION Unless prohibited by applicable law, either the Company or Ihe insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of tire American Arbitration Association. Arbitrable matters may include, but are not limited to~ any contro',ersy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy' provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or tess shall be arbitrated al the option of edher the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed lo by both the Company and the insured. A~bitration pursuanl to this policy and under the Rules in effect on the date the demand for arbilra6on is made or, at the option of the insured, Ihe Rules in effect at Date of Policy shall be binding upon the parties The award may include attorneys' fees only if the laws of the state in which the land is located permit a court ID award attorneys' fees lo a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may' be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (ay This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company In interpreting any provision of this policy, this policy shall be construed as a whole. (by Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to thc estate or interest covered hereby or by any action asserting such claim, shall be restricted lo this policy. (c) No amendment of or endorsement to this policy, can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assislant Secretary. or validating officer or authorized signatory of the Compan5 16. SEVERABILITY. In the event any provision of the policy is held in',alid or unenforceable under applicable ]aw, the policy shall be deemed not to include thai provi- sion and all other provisions shall remain in full force and effecl 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be l~rnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Departmenh EO Box 27567. Richmond, Virginia 23261-7567. Valid Only If Face Page, Schedules A and B Are Attached NEW YORK OFFICES NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212) 983-8430 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853-6800 FAX: (716) 853-6806 GARDEN CITY 1325 Franklin Ave., Suite 160A Garden City, New York 11530 (516) 7424474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New City, New York 10956 (845) 634-7070 FAX: (845) 634-8513 RIVERHEAD 177 Old Country Road Riverhead, NewYork 11901 (631) 72%7760 FAX: (631) 727-7818 ISLANDIA 1777-6 Veterans Memorial Hwy Islandia, New York 11722 (631) 232-3503 FAX: (631) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 OWNER'S POLICY OF TITLE INSURANCE (10-17-92) AMERICAN [~ND Trf~E ASSOCIAq~ON Commonwealth Title Insurance Since 1876 Richmond, Virginia 23235-5153 B 1190-3 A WORD OF THANKS ..... As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. tf you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land T tle Insurance Company P.O. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of 13.296 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map No. p/o 1000-107-10-6, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and //'~'Markets Law~ ~ ~ ~~ ~~ ~'~ Prelect Sponsor TOWN OF SOUTHOLD By: OealdVV. Cochran, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowner n Si or 3980 Wickham Avenue Mattituck, NY 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 25th day of June, 2001, before me personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD; that she knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public(~ STATE OF NEW YORK COUNTY OFSUFFOLK KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County ~--~ Commission Expires March 21, '~0 )SS: On the 25th day of June, 2001, before me personally appeared JOHN SIDOR and personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. N Qualified in Suffolk CountYo ~""'"'~ Commission Expires M'~rch 2~, 2 S:~Attorney\GREG\MELANIE\ag&mkts waiver. DOC G R A N T I N F O R M A T I O N AC 92 IRev. 6~941 SEE INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING STATE oF STANDARD VOUCHER NEW YORK 1._I Originating Agency I Orig. Agency Code Payment Date (MM)/ (DD) /(YY) I OSC Use ~)nly 3_JPayeel]_60019391D Additional I Zip Code Route 4_J Payee Name (Limit to 30 spaces) Town of Southold Payee Name (Limit to 30 spaces) Address (Limit to 30 spaces) 53095 Route 25 Address (Limit to 30 spaces) BOX City (Limit to g0 spaces) IInterest Eligible (Y/N) Liability Date Vt ~ucher No. P-Contract (MM) (OD) (YY) (Limit to 2 spaces) .-) Payee Amount MIR Date {MM) (OD) (YY IRS Code IRS Amount Stat. Type Statistic Indicator-Dept Indicator-Statewide 51Ref/Inv. No. (Limit to 20 spaces) Ref/Inv. Date Zip Code (MM) (DD) (YY) Order NO and Date Description of Material/Service items are too numerous to be Jr~corporat6d JlltO the block below, use Form AC 93 and carry total forward. Agricultural Land Development Rights John & Catherine Sidor 31.773 acres John & Sandra Scott 22.9538 acres Lieb Vineyards 12.721 acres CONTRACT NO. C800013 $ 252,794 157,056 56,925 Payee Certification: I codify that the above bill is just, true and correct; that no par[ thereof has been paid except as stated and that the balan is actually due and owing, and that taxes from which the State is exempt are excluded. ~* I~ Payee's Signature in Ink Title 12/6/01 Town of Southold Merchandise Received Date Page No .775.00 Name of Company FOR AGENCY USE ONLY I ced y ha h s vouche is co foci and just, a~:i payment is approved, and the goods or services rendered or lurnished are for use in the pedormance Of Ihe Official lunclions and duties el this agency Authorized Signature Date Title Expenditure $ 466,775.00 STATE COMPTROLLER'S PRE-AUDIT Verified Audited Special Approval {as Requiredl Certified For Paymerd of Nel Amount By Liquidation Cost Center Code Object Accum Dept,I Cost Center Unit Var J Yr Dept Statewide Orig. Agency PO/Contract Line F/P 2001 Budget Information For the Purchase of Development Rights Farm Name: John & Catherine Sidor Municipality: Town of Southold PROJECT COSTS Actual Value of Development Rights I $381,276.00 1(=$12,000/acre) Administrative Costs Title Insurance Survey(s) Appraisal Outside Legal Fees Recording Fees Stewardship Fee $2,051.00 $2,000.00 $50.00 Other $2,001.75 Other Subtotal $6,102.75 Identify:Preliminaw Planninq-PLT Identi~: Administrative Costs (in-kind) StafLT_ime_ Travel/Office ~xpense Other Subtota [ Identify: $0.00 [ $387,378.75l TOTAL PROJECT COSTS FUNDING SOURCES Local Match Municipal Funds $134,584.75 Landowner Donation In-Kind (from subtotal above) Other (foundation, federal, etc.) Subtotal % of total project costs $134,584.75 34.74% $252,794.00 65.--~/o Identify: State Funding State Funding % of total project costs P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: FROM: RE: Town Board Town Clerk Building Department Data Processing Melissa Spiro, Land Preservation CoordinatoL I'OTWoNwANTToO~glCE Development Right Acquisition DATE: June 27, 2001 Please be advised that on June 25, 2001, the Town purchased the Development Rights on the property listed below. If you would like any additional information regarding the pm'chases, please feel free to contact me. SCTM# OWNER EASEMENT PURCHASE MISC. AREA DATE 107-10-p/o 3 Catherine Sidor 19.374 acres 6/25/01 75,372 sq. ft. of the original parcel were not included in the acquisition. The 75,372 sq. ft. area was involved in a PB set-off and lot line application approved 5/29/0i. See attached map for acquisition location. 107-10-p/o 6 John Sidor 13.296 6/25/01 Two separate areas of the original parcel were not included in the acquisition. A 160,015 sq. ft. area (frontage on Wickham Ave.) was involved in a PB minor subdivision approved 6/11/01. A five (5) acre area (frontage on C.R. 48) was reserved from the dev. rights sale. Dev. rights remain intact on this 5 acre area. See attached map for acquisition location cc: v/Town Attorney Land Preservation Committee 2005 Suffolk Tax Map ~ty ~ · 107 PLANNING BOARD MEMBERS BENNETT ORLOWSI~, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 May 30, 2001 Abigail Wickham,' Esq. Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 PLANNING BOARD OFFICE TOWN OF SOUTHOLD HAY 3 0 2001 OEP~. OF LAND PRESERVATION RE: Proposed Set-Off/Lot Line Change for Catherine Sidor SCTM# 1000-107-10-1, 3 & 4 Dear MS. Wickham: The following took place at a meeting of the Southold Town Planning Board on Tuesday, May 29, 2001: The final public hearing was closed. The following resolution was adopted: WHEREAS, this proposed subdivision is for a .966-acre set-off and two lot line changes for 20,101 sq. ft. and 13,172 sq. ft., on the south side of Wickham Avenue, east of Mary's Road in Mattituck; and WHEREAS, the Sale of Development Rights is proposed on the remaining 19.347 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency, made a determination of non-significance, and granted a Negative Declaration on May 23, 2000; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on May 29, 2001; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and Catherine Sidor - Pa.qe Two - May 30, 2001 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated March 7, 2001, and authorize the Chairman to endorse the maps. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact us if you have any questions. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Land Preservation Committee, Tax Assessors, Building Dept. 6'7 PLANNING BOARD MEMBEI¢ BENNETT ORLOWSKI, JR. ~." Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIAN0 Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2000 Abigail Wickham, Esq. Wickham, Wickham and Bressler 10315 Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Minor Subdivision for John Sidor SCTM# 1000-107-10.6 and Clustered Set-off for Catherine Sidor SCTM# 1000-107-10-3 and Lot Line Changes for Sidor/Clauss SCTM# 1000-107-10-1, 3 & 4. Dear Ms. Wickham: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on April 10, 2000: WHEREAS, the Planning Board has before it two separate applications for adjacent properties, one owned by John Sidor, and the other owned by Catherine Sidor; and WHEREAS, the Planning Board will be processing the applications as two separate applications, but will review the applications together for purposes of SEQRA; and WHEREAS, the application for John Sidor (SCTM# 1000-107-10-6) is for 3 lots on 21.97 acres. Lots 1 and 2 are each 2 acres in area. Lot Number 3 is 18.296 acres, of which the Town will purchase the development rights on 13.296 acres; and Sidor- 4/11/00 - Page Two WHEREAS, the application for Catherine Sidor (SCTM# 1000-107-10-1, 3 and 4) is for 2 lot line changes and a clustered set-off lot of 0.966 acres. The development rights will be purchased by the Town on the remaining 19.347 acres; and WHEREAS, the lot line changes, which are included with the clustered set-off application, are ~o subtract 33,273 square feet from the original 21.08 acre parcel, and to add 13,172 sq ft. to the adjacent parcel to the west (SCTM# 1000-107-10-1) and 20,101 sq.ft, to the adjacent parcel to the east (SCTM# 1000-107-10-4); and WHEREAS, a.s noted on the map for Catherine Sidor, the area of the clustered set-off lot is less than the 80,000 square feet required by the R-80 Zoning District. Therefore, 37,901 square feet (80,000 sq. ft. minus the 42,099 sq. ft. for the set-off) must be excluded from the yield of the remaining parcel; be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval to the Minor Subdivision for John Sidor, map dated March 15, 2000. BE IT FURTHER RESOLVED that the Southold Town Planning Board grant sketch approval to the Clustered Set-off for Catherine Sidor, map dated March 15, 2000. BE IT FURTHER RESOLVED that the Southold Town Planning Board start the lead agency coordination process for both the John Sidor application and the Catherine Sidor application. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The final map for the Catherine Sidor application must contain the following revisions: A. The final map must show a building envelope for the parcel to be set- Off. B. The final map must indicate the tax map numbers for the lots involved in the lot line changes. C. The final map must indicate lot numbers for each lot. Sidor- 4/11/00 - Page Three The sketch plans for both applications have been referred to the Suffolk County Planning Commission, the Town Engineering Inspector and the Mattituck Fire Department for review. The Planning Board may require covenants and restrictions upon review of the reports and review of the final map. You will be notified if any covenants and restrictions are required and if any firewells must be installed. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38(e) of the Town Code. The amount to be deposited with the Town Board shall be $4,000.,00 (John Sidor application: $4,000.00. Catherine Sidor application: No park and playground fee required). Payment is required prior to any final endorsement of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, · Bennett Orlowski, Jr. ~' ~ Chairman cc: Land Preservation Committee File View Toolbar 107 -10-6 473¢~ $ ¢~ · - hool CR 48 ~ Lan~S~e ~3 ~ acr~ To a AV: 1 700 AddlAddF~b~rt=~rd~John~O~P~ ~/::~:~ ~ Mu~:. ' :~::1.700 ~:~ Rage: street : ~2~'~Ma~n~ Box 1 ~ ~ , ~0 Sale Total: 3 ; Site lol I '7~ Lahd 0 Of 0 1214G ~92 09/i9/0i, ~:~ '1 ~id h~;: 12128 744 ~G/25/01 159:~5 S ~hn Exemption Total: 0 :;~:~/ ' ::~'erA /'Own Balding To a · Spec'a D'~ttict Toe 3,~~ : :' V~lue/ - Iqmvement ~' ~:: To[a)~ 0 Coda ; : Units : PCt Type ;Move~ rype;: Na~e'; :%~:- ;: D~I :D~ ESQFT FD030 MattiiUck FD ; .O0 .00 : ::0~-- P~071 ;Hattituck Pall .00 .00 .00 . ,.:]'SI:artI ~Inbox-FlicrosoficOuUool< I ~__~.Documenf:.t-P4icrosoCt... File View Toolbar Help 107.-10-6.2~ 4?388 old CtlVe R/S. i '$Ch~J! ~ ~Hathtuck 5cho~ Addl~ddr::AlbeftWmd & J:~on :7 :~ ~uni: CiI~: : "'~menwich. CT *: :Z~ 0G830-: Schl ~er Sale~ ::~: ,To,al: 2 ' , ~ : : Site I of 1 ::: Land 0 olO Book: ~:Pag~ Sale Sal~?~ice :~:o~ne~;'" : ~/;: :Prpcls: Fi6id~iop~ 1216~ :498~ 11/19/01 i~;eOO'?~LLi~,~kVi.e.a ~bhdCd:O 12146 ?92 09i~ i Sidof; ~ohn Se~: ~ Water: EX~mplion Tot~!:O ~Term Ow~ Buil~?:r :; ~'::?~ :::Total: 0 :Spec~l Di~td~ 'To,al: 3 :Value / ~ Imp t ~::::: Total; O ~ode ~ ~:: ~9i~ Pc~T~ ~e Tax ] T~petNa~e Dim1 D~ S~FT Yr Built FD030 MaLL~mck FD ~.bO :.00 ~00 ~ Prints the screen TOWN, OF' SOUTHOLD PROPERTY RECORD CARD . ~'~?~, STREET VILLAGE I DIST. I COUNTY TAX MAP NO. LAND IMP, TOTAL DATE REMARKS: / ...... ~1/1~¢ ', COLOR M, Bldg. F-~efision Extension E ension Porch Breezewa,~ Garage Patio Total Foundation Bath lasement :loots Ext. Walls Interior Finish Fire Place Heat Type Roof Recreation Roorr Dormer Driveway Rooms Ist Floor Rooms 2nd Floor inette LR. DR. FIN. B. BR. N E W S A R T I C L E OBITUARIES... CONTINUED FROM PREVIOUS PAGE John Sidor Jr. John Sidor Jr.-of Mattituck died four children,John III (Carolyn), of suddenly Oct. 14, 2019, at Peconic Mattituck,Jeffrey, of Cohoes, N.Y, Bay-Medical Center in Riverhead. Timothy (Patricia), of Braintree, The lifelong North Fork resident Mass.and Gary(Maureen), of Ash,- Was 84 years old. - burn,Va.; his brother, Edward, of Born Feb. 4, 1935, in Greenport, Mattituck; and 11 grandchildren, N.Y., to Helen•(Bialeski) and John Catherine, Thomas, Brian, Ryan, Sidor Sr.,he was a graduate of Mat- Jason, Emily, Mackenzie, Bohdan, tituck High School.' John,Lucas and Eliot. 'On Nov 13, 1960,he married the The family received friends Fri- - - foriner Catherine Pawlikowski at St. day, Oct. 18, at DeFriest-Grattan John the Baptist Ukrainian Catholic Funeral Home in Mattituck where Church in Riverhead: parish prayer services were held He was farmer and member of by Father Robert Wolosik and Fa-' -the Southold Town Agricultural ther Stan Wadowski:The Liturgy of Advisory Board. He was a commu- Christian Burial was celebrated Sat- " nicant of Our Lady of Ostrabrama urday,Oct.19,at Our Lady of Ostra-- R.C. Church and member of'the brama R.C. Church by Father'Rob- Holy'Name Society.' ertWolosik.Interment took place at Surviving is his wife,:Cathy; his Sacred.Heart R.C.Cemetery. Paid notice VOL. CXLVIII NO. 37 OFFICIAL NEWSPAPER OF SOUTHOLD TOWN THURSDAY, AUGUST 26, 2004 SEE lA Farmer's tan John Sidor took advantage of this week's beautiful weather and went shirtless to mow his Mattituck field on Monday. Suffolk Times photo by Judy Ahrens A E R I A L S 2004 Aerial MATTITUCK VINEYARDS, I_LC (f/k/a SIDOR property) 1750 Mary's Rd & County Rt 48, Mattituck TOWN OF SOUTHOLD purchased development rights easements on 6/25/01 2001 Aerial SIDOR (John Jr. & Catherine) Property 1750 Mary's Road, Mattituck & County Rt 48, Mattituck TOWN OF SOUTHOI_D purchased development rights easements on 6/25/01 S U R V E Y h41NOP--. ~ITUATF: MATTITUC, K TOIAIN OF: 5OUTHOL~ 5UF:F:OLI< C, OUNT"r', N"r' SDP. V~¥E~ 04-15-qq SUffOLK COUNT~ TAX ~: APPLICANT. JOHN SIECOR ~ICKHANt AVENUE I'dATTITUOK:, NY' SUDOlVISION HAY 0 i) 2001 ~" Southold 1'own Pla~lnglioard / ./ FINAL SURVEY FesL Hole 8/25/2000 el=q 0 2O 6 ? 7 F'YI~IOAL PLOT PLAIq C,E~q I0 S'FST~I *r C}~TAII NQq' TO SCALB CADT IROII FRAI NOTES: FO~ JOHN SIOO~ N S SUFFOLK COD~TY DEP F TH SERVICES APPROVED BY PLANNING BOARD TOWN OF SOU_TH_OLD ~P~APHIC SCALE, I"= IOO' JOHN C EHLERS LAND sURVEYOR 6 EAST M3%lN STREET N.Y.S. LIC. NO. 50202 ..SURVEY OF PROPERTY SI TI.,IATI:: MATTI TU(.,K TOIAIN OF SOUTHOLP ~UFF:OL< OOUNTT, Nh" C.E:RTIFI ED TO, JOHN TOWN OF SOIJTNOLP OOPII"ION~EALYH LAND TITLR I N~UF~ANC-R OO~IPAN¥ FINAL SURVEY N S / / / / / / -./ 369-8288 Fax 369-8287 KEF.A:~99-301A.pro