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Home My WebLink AboutSchreiber, Robert 1000-95-1-4.3 (f/k/a 1000-95-1-p/o 4) Baseline Documentation Premises: 6175 Oregon Road Cutchogue, New York 32.27 acres Development Rights Easement ROBERT SCHREIBER to TOWN OF SOUTHOLD Deed dated April 15, 2002 Recorded May 13, 2002 Suffolk County Clerk - Liber D00012185, Page 535 SCTM #: Premises: Hamlet: Purchase Price: Funding: Grant Reimbursement: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area: Lots Created: Zoned: Existing Improvements: 1000-95-1-4.3 (f/k/a 1000-95-1-p/o 4) 6175 Oregon Road Cutchogue $645,400.00 (23.27 acres ~ $20,000/acre) Community Preservation Fund (2% land bank) & Open Space Capital Funds $478,353.96 - NYS Ag & Markets Grant C800021 Yes 47.40 acres 32.27 easement acres (SCTM #1000-95-1-4.3) 4.0 acres (SCTM #1000-95-1-4.2) SCTM #1000-95-1-4.4 (5.5 ac) SCTM #1000-82-2-1 (2.7 ac) SCTM #1000-82-2-2 (2.9 ac) A-C In March 2002 - Well & pump, dirt farm raod, small planted vineyard DESCRIPTION LAND The subject is part of a larger parcel of land having an area of 47.396+ acres, however, we have been asked to exclude the northerly section and a southeasterly section containing improvements. The following description refers to the entire property, of which the subject is a part: having a westerly boundary of 3,200+', a northerly boundary of 500+', running thence southerly 2,630+', running thence westerly 300+', thence southerly 535+', thence westerly 232_+' along the northerly side of Oregon Road. Tile property has 464+' of frontage (bluff) along the Long Island Sound. The subject of this appraisal is a 31.623+ acre interior (no water frontage) portion of the above described property. 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 Oregon Road which is a two way, publicly maintained macadam paved road with shoulders. The property has a generally level topography and is cleared. IMPROVEMENTS The subject portion being appraised is unimproved vacant land. _GIVEN P R 0 P E R T Y V I S U A L S PHOTOGRAPHS OF SUBJECT VIEWS OF SUBJECT PROPERTY PHOTOGRAPHS OF SUBJECT VIEWS OF SUBJECT PROPERTY I I I I I I I I I I i I i Tax Map Location d d d d la d II II la II ,~ A--C Zoning Map / 58¸ Proposed Development Rights Easement Purchase Robert Schreiber SCTM# 1000-95-1-4 [] Under Consideration ~ Churches, Cemeteries County Owned ~ County Development Rights [] Town Development Rights [] Town Development Rights (Partial) [] Town Owned ,/ Map Prepared by Town of Southold GIS February 27, 2001 Suffolk County Real Property Tax Service Agency GIS Basemap CQPYRIGHT 2000, County of Suffotk, N.Y. E N V I R O N M E N T A L S U M M A R Y I Phase I Environmental Site Assessment Schreiber Property I I I I I I I I 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 Enviromuental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property consists of a 45.31 acre parcel of agricultural land of which 32.27 acres is the subject of this report. The property is located on the north side of Oregon Road, west of Alvah's Lane. The property is more particularly described as Suffolk County Tax Map # 1000-095-01-4. The subject property consists of 32.27 acres of agricultural land currently utilized as a vineyard and sod farm. The vineyard, which is maintained by Peconic Bay Vineyards, occupies approximately 3.9 acres in the southwest comer of the property. The remaining area of the property is leased to DeLalio Sod Farms and utilized to grow sod. According to Mr. Schreiber, the property owner, prior to sod and vineyard farming, the property had been utilized mainly to grow potatoes. An irrigation well is located in the east central portion of the property. A 550 gallon above ground storage tank that is lying on the ground is present adjacent to this well. No staining was observed in association with this tank. An area of significant staining (petroleum) was observed on and around the pump pad. No structures or foundations were located on the portion of the subject property that is the subject of this report. The inspection of the property did not reveal any staining, residue, odors or stressed vegetation, except as previously noted. I I I I An extensive government records search found no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in the vicinity of the subject property. In conclusion this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. 1. The soil surrounding the irrigation well pump engine is significantly stained. All stained soil should be removed and properly disposed of. 2. If the property is to be utilized for residential purposes in the future, the soils on the agricultural land should be sampled and analyzed for the presence of pesticides, lead and arsenic. If agricultural use of the land is ceased, the well should be properly abandoned in accordance with NYS Protocol. NELSON, POPE & VOORHIS, LLC CHARLES J VOORHIS, CEP, AICP · ARTHUR J. KOERBER, RE. ' VINCENT G DONNELLY, RE VICTOR BERT, RE, '* JOSEPH R, EPIFANIA, RE' ROBERT G NELSON, JR,, RE PAUL M RACZ, RL.S David Raymond New York State Department of Environmental Conservation Building 40, Loop Road SUNY at Stony Brook Stony Brook, New York 11790 March 28, 2002 ~PT. OF LAND PRESERVATION Re: Schreiber Property Cutchogue, New York Dear Dave, As per ottr conversation, this office prepared a Phase I Environmental Site Assessment on the subject site for the Town of Southold. The subject site is identified as being located on the north side of Oregon Road, west of Alvah's Lane, Cutchogue, NY, and is more specifically designated as Suffolk County Tax Map Number 1000- 095-01-4. The site is a total of 45.3I acres in size. The site is currently owned by Robert Shreiber and is leased to DeLea Sod Farms, Inc. The Town in connection with Suffolk County is considering the acquisition of development rights of the property, and desired to obtain an environmental report on the condition of the site. The central part of the site contains an irrigation well. A pump engine is loCated seasonally on a concrete pad. The engine was not present at the time of inspection; however, staining was observed on and adjacent to the concrete pad. Material appeared to be motor oil associated with the pump engine, of an unknown quantity. The depth to groundwater is approximately 54 feet. and the condition appeared to be an historical condition associated with the well location. Given the conditions regarding this transaction in the relationship of Town and County, mvner and lease holder, the matter was brought to the attention of the Town to provide the owner with the opportunity to address this matter. The lease holder was notified and took corrective action, and the owner contacted your office. Attached, please find a letter from DeLea Sod Farms, Inc. indicating that the matter has been con-ected. Based on the foregoing, I believe this matter has been adequately addressed, and subject to your review and/or re- inspection by the department (or this office upon your request), would request that this matter be closed. Please feel free to contact me should you require anything further and I would appreciate it if you would advisc this office of your deten'nination. CC: M¢lissa Spiro, Town of Soutbold/ Sincerely, NEL)o , & VOORU , /'/5' his, CEP, AICP DeLea Sod Farms, Inc. 444 Elwood Ro~d East Northport, NY 11731 631-368-8022 631-3689382 fax Mm~h 15,-2002 ~ Ms. I w'~ you with P, Jchard I)eI~a I Schreiber Property, Cutchogue Phase I ESA I I I I I I I I I I I I I I I FIGURE 1 LOCATION MAP -7~33'4T', 41 03'45" I Duck PondPomt Roanoke Point - 72 29' 04 40 59r 23" Precision Mapping 1995-1996 Page 7 of 25 I I I I I I I I I I I I I FIGURE 2 SITE MAP Schreiber Property, Cutchogue Phase I ESA Out Parcel 550 Gallon AST ation Well Out Parcel NORTH + Page 9 of 25 I I FIGURE 3 GROUNDWATER CONTOUR MAP Schreiber Property, Cutchogue Phase I ESA I I ! I I I I I I I I I SITE- (,REA PECONIC Source: SCDHS, 1999 53328 .:4¢7TM [,ITFIJ Pk:CON iC NORTH Page 16 of 25 OVERVIEW MAP - 718008.5s - Nelson, Pope & Voorhis LLC '%,, ~ TargetProper~ [ I · . Sites at elevations higher than I or equal to the target property · Sites at elevatiens lower than the target property · Coal Gasific&t~on Sites (if requested) I [] National Priority List Sites [] ~ La, ndfiil Sites ~1 TARGET PROPERTY' ~ I ADDRESS: ' [] ~ CITYISTATE/ZIP: ~ LAT/LONG: Oil & Gas pipetines 100-year flood zone 500-year flood zone Wetlands Schreiber Property Oregon Rd Cutchogue NY 11935 41.0238 / 72.5216 CUSTOMER: CONTACT: iNQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven McGinn 718008.5s December 26, 2001 4:56 pm DETAIL MAP - 718008.5s - Nelson, Pope & Voorhis LLC ~r Target Pro=err7 ~ Sites at elevations higher than or equal to the target property + Sites at eleva~ons lower than the target property Coal Gasification Sites (if requested) · .~ Sensitive Receptors ~ NatJonal Priority [~st Sites ] Landfill Sites TARGET PROPERTY: Schreiber Property ADDRESS: Oregon Rd CITY/STATE/ZIP: Cutchogue NY 11935 LAT/LONG: 41.0238172.5216 ?¥ Oi[ & Gas 0ipelines ~ lg0-year flood zone CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven McGinn 718008.5s December 26, 2001 4:56 pm PHYSICAL SETTING SOURCE MAP - 718008.5s /~/ Major , ~ Contour Lines Public We. ter Supply Wells Groundwater Flow Oirec'don TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: I_AT/LONG: Schreiber Property Oregon Rd Cutchogue NY 11935 41.0238 i 72.5216 Earthquake epicenter, Richter 5 or §rester Closest Hydrogeotogical Data CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven McGinn 718008.5s December 26 2001 4:57 pm R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 187 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2001: WHEREAS, it is the policy of the Town Board of the Town of Southold to preserve prime agricultural soils and to protect the scenic, open space character of the Town; and WHEREAS, the Town Board on August 28, 1998, adopted a Community Preservation Project Plan in which prime agricultural parcels where listed as eligible parcels that should be protected; and WHEREAS, all of the following parcels are listed on the Community Preservation Project Plan; be it therefore RESOLVED that the Town Board is considering the purchase of the follosving properties: Robert Schreiber SCTM# 1000-95-1-4 Charles Simon Estate SCTM# 1000-§6-1-10.9 John Elak SCTM# 1000-115-8-3.3 Ruth Pollio as Trustee SCTM# 1000-108-1-1.1 Elizabeth A. Neville Southold Town Clerk iVlAR - I 2001 DEPZ OF LAND PRESERVAIION P U B L I C H E A R I N G S ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2002: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets 7:35 pm, Tuesday, January 15, 2002, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the purchase of development rights on agricultural lands of property owned by Robert Schreiber. Said property is identified as SCTM# 1000-95-1.-4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm, at a purchase price of $20,000 (twenty thousand dollars) per acre. The exact area of the development rights easement is to be detemqined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. A more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Towu Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold h~reby sets 7:35 P.M., Tuesday, January 15, 2002, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of the purchase of development rights of a certain parcel of property from Robert Schreiber, under Chapter 25 and/or Chapter 6 (2% Co~mnunity Preservation Fund) of the Town Code. Said property is identified as SCTM# 1000-95-1~4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm, at a purchase price of $20,000 (twenty thousand dollars) per acre. The exact area df the development rights easement is to be determined by a town provided survey, acceptable to the Land Prescrvation Committee, prior to the contract closing. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Greenways Pro~'am whereby Suffolk County may appropriate an mnount up to 70% of the total cost of acg~uisition. A more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk*s Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by rely interested person during business hours. Dated: January 3, 2002 BY ORDER OF THE SOUTItOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 10, 2002, AND FOR~VARD ONE (1) AFFIDAVIT OF pUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL~ PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suftblk Times Town Board Members Town Attorney John Cuslunan, Accom~ting Land Preservation Committee Department of Land Preservation Robert Schreiber To'cai Clerk's Bulletin Board ON THE PURCHASE PUBLIC HEARING JANUARY 15, 2002 7:35 P.M. OF DEVELOPMENT RIGHTS ON AGRICULTURAL LANDS OF SCHREIBER, OREGON ROAD, CUTCHOGUE, SCTM #1000-95-1-4. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski COUNCILMAN WICKHAM: "NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 7:35 P.M., Tuesday, January 15, 2002, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of the purchase of development rights of a certain parcel of property from Robert Schreiber, under Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code. Said property is identified as SCTM# 1000-95-1-4~ and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road~ in Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm~ at a purchase price of $20~000 (twenty thousand dollars) per acre. The exact area of the development rights easement is to be determined by a town provided survey~ acceptable to the Land Preservation Committee~ prior to the contract closing. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. A more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: January 3, 2002. By Order of the Southold Town Board. Elizabeth A. Neville. Southold Town Clerk." This notice has been published on her bulletin board. Copies have gone out to the Suffolk Times, Town Board members, Town Attorney, Accounting, Land Preservation Committee, Department of Land Preservation, Robert Schreiber, and the Town Clerk's Bulletin Board. I can read the notice from Suffolk County. It simply says, being duly sworn says that he or she is the principal clerk at The Suffolk Times, weekly newspaper published at Mattituck, and that the notice has been duly printed. I think that concludes the formal part of the hearing. I will turn it over to the Supervisor. SUPERVISOR HORTON: Any questions regarding this public hearing? Melissa, you had some information to bring forward? 2 MELISSA SPIRO: Good evening, Supervisor Horton and members of the Town Board. I am Melissa Spiro. I am Land Preservation Coordinator, and I am here tonight with Richard Ryan, who is Chairman of the Land Preservation Committee. Mr. Schreiber's land is located on the north side of Oregon Road in Cutchogue, and is one of the major blocks of farmland that has always been considered to be one of the prime parcels for farmland preservation, the parcel shown on the map over there in red. Mr. Schreiber's land goes through Oregon Road to Long Island Sound with 47.4 in area. The parcel is split zoned. The majority of the parcel located within the Agricultural Conservation District. The Sound front area is located within the R-80 zone. Mr. Schreiber is before the Planning Board for a four-lot subdivision. The four-lot subdivision includes three, approximately 2-3 acre lots by the Sound, and a 4th lot of 36 acres, on which the development rights will he purchased on 32.27 acres. The 32.27 acres represents almost 100% of the farmland. The negotiated purchase price is $20,000 per acre, totaling six hundred forty five thousand four-hundred dollars ($645,000). The value of the purchase is supported by an appraisal prepared by Given Associates of Hauppauge. The purchase will be in accordance with Chapter 25, Agricultural Lands Preservation and/or Chapter 6, Community Preservation Fund. The funding for the purchase will come from the Agricultural bond and/or the 2% funding. This parcel was included in a grant awarded by the Department of Agricultural and Markets and therefore ti is like that the Town will receive partial re-imbursement for the purchase. Because of its agricultural value, its proximity to other existing productive farmland and its Oregon Road location, this property has a high eligibility for preservation. The Land Preservation Committee is unanimous in recommending this development right purchase. Thank you. SUPERVISOR HORTON: Thank you, Melissa. Are there any comments t~om the floor in regard to this? Sir? CHARLES CUDDY: My name is Charles Cuddy. I represent Robert Schreiber. I simply ask that the Board grant approval for this application as outlined by Melissa, and that you endorse the preservation of this purchase of this 32-acre parcel. SUPERVISOR HORTON: Thank you. MARION SUMNER: I am Marion Sumner for Peconic Land Trust, and also urgently support this project. As you can see it is tight in the middle of an Oregon Road corridor, and it is a real jewel, and it is a real win for the Town and for the community, and I hope that his conservation mindedness will inspire other landowners to think about conservation as well. SUPERVISOR HORTON: We thank you. Any other conunents from the floor? (No response.) At this time I will close the public heating. Southold Town Clerk MELISSA A. SPIHO LAND PRESERVATION COORDINATOi~ Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New 'fork 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: FROM: Elizabeth A. Neville Town Clerk Melissa Spiro, Land Presen-ation Coordilnato~ Draft resolution for January 3, 2002 I13 meeting Scheduling o fpublic hearing for development fights purchase Robert Sehreiber North side Oregon Road, Cutchog~ae SCTM# 1000-95-14 DATE: December 20, 2001 Attached please fmd a draft resolution for the scheduling of a public hearing for the development fights purchase on property owned by Robert Schreiber. On March 13, 2001, the Town Board adopted a resolution (Resolution No_ 241 of 2001) to purchase the development rights on the Sckreiber property. However, since that time a new pm'chase price has been negotiated. Due to the change in the purchase price, a new Town Board hearing is necessary_ On Match la, _001, the To~t Board adopted a resolution (Resolution No. 240 of 2001) declaring a negative dechrafion px~rsuant to SEQP~4.. There has been no change to the scope of the proposed project. Therefore, a new ~esolution in regard to SEQRA is not necessary. encl. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 191 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby sets 7:40 P.M.~ Tuesday~ March 13~ 2001~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing on the question of the purchase of development rights of a certain parcel of property from Robert Sehreiber~ under Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code. Said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm, at a price of $14,500.00 (fourteen thousand five hundred dollars) per acre. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk MAR z .... DEPI OF [AND PRESERVMION LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the To;vn of Southold hereby sets 7:40 P.M., Tuesday, March 13, 2001, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of the purchase of development rights of a certain parcel of property from Robert Schreiber, under Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Tmvn Code. Said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm, at a price of $14,500.00 (fourteen thousand five hundred dollars) per acre. Said property to be purchased either outfight by the Town of Southold, or acquired under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. A more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hail, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: February 27, 2001 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 8, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney John Cushman, Accounting Land Preservation Committee Department of Land Preservation Robert Schreiber Town Clerk's Bulletin Board .PUBLIC I-rEARING IvIARCH 13, 2001 7:40 P.M. (9:17 P.M.) ON TI-IE PROPOSED PURCHASE OF DEVELOPMENT RIGHTS OF CERTAIN PARCEL OF PROPERTY OF SCHREIBER, SCTM #1000-85-1-4. Present: Supervisor Jean W. Coehran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Nex~ille Totem Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: This is acquisition of developmmat rights. John, would you please read this? COUNCILMAN ROMANELLI: "NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 7:40 I'.M., Tuesday, March 13, 2001, $outhold Town I-Iall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of the purchase of development rights of a certain parcel of property from Robert Schreiber, under Chapter 25 and/or Chapter 6 (2% Commun/ty Presentation Fund) of the Town Code. Said property is identified as SCTM# 1000-95-1-4, and is located on the nm'th side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and oregon Road, in Cutchogue. The development riodats acquisition comprises approximately 32.27 acres of the 47.4 acre farm, at a price of $14,500.00 (fourteen thousand five hundred dollars) per acm. Said property to be purchased either ouffight by the Town of Sunthold, or acquired under the Suffolk County Greenways Pro,am whereby Suffolk Cotmty may appropriate an mount up to 70% of the total cost of acquisition. A more detailed description of the above mentioned parcel of land is on file in the Southold Towa~ Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: February 27, 2001. By order of the Southold Town Boatxt. Elizabeth A. N~ville, Southold Town Clerk." I have proof that is was posted on the Town Clerk's bulletin Board, and an affidavit that it was published in the Suffolk Times. DICK RYAN: IVly nmne is Dick Ryarc I serve as your Chairman of the Southo[d Town Land Preservation Comntittee. I have a map here, produced by Town staff, which outlines the subject parcels under consideration located in the Hamlet of Cutchogue. Tiffs farm, approximately 47.4 acres in size, has about 520 feet of frontage on the north side of Oregon Road, jtmt west of Alvah's Lane. The farm is split- zoned Agricultural Conservation and R-80, which permit single family residential development, but also intends to control development of open lands, which are agricul~ally productive. The I-Iaven Loam soil classifications of this farm reflect its high agricttitural productive. The haven Loam sull classifica~ous of this farm reflect its high agricultural productively. The farm is currently planted vineyard and cover crop. The owner proposes to sell development rights to about 32.3 acres and reserve approxhnately 15.1 acres to represent 3 residential lots at the northerly end of the entire parcel and 4.0 acres at the southeasterly corner of the property. The area of Development Rights represents another ~ i~ a chain of agricultural land parcels along Oregon Road that the Town and Suffolk County Famaland Preservation Programs consider to be of prime importance for farmland preservatiolL The Sonthold Town Planning Board has been consulted and ex'ircessed no objection to the proposed purchase. The negotiated purchase price if $14,500 an acres, totaling approximately $468,000 for the approximate 32.3 acres. The value o£ tMs proposed purchase reflects in part, the development potential and location et' the propeCcy. The value of ~e purchase is supported by an appraisal independently prepared by Given Associates o£ Hauppange. 3_ survey of the parcel will be accomplished and is subject to adoption by the Land Preservation Committee, prior to completion of th~ proposed pm'chase. Because of its agricultural value, and its prox/mity to other existing productive farmlands, and its Oregon Road location, this property has high eligibilit~ for p~teservafion. The Land Pre$crvat/on Committee is unan/mous ill recommending th/s Development Pdgkts purchase. The purchaae will also most certainly serve to continue the rural farm character of Oregon Road and the }-}'nrnlet Cutchogue, specifically and the Town in general. On behalf of the Land l:h-eaervation Committee, I urge the Town Board to accept the offex of Developmaat Right to appwximately 32.2 acres of this farm to be represented on an approved survey, and to resolve to purchase the same pursuant to the provisions o~ either Chapter 25 of the Town Code, entitled, Agricultural Lands Preservation, or Chapter 6, entitled, Commtmity Preservation Fund. Thank you_ SUPERVISOR COCHRAN: Thank you. Anyone like to address the Board irt relation to this purchase of development rights, either pro or con? Anyone like to address the Board? (No response) ff not, I deem the hearing closed. Southold Tovra Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 240 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, ~001: WHEREAS, the Town Board of the Town of Southold wishes to purchase thc development rights ora certain parcel of property of agricultural lands owned by Robert Schreiber, said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The development rights easement comprises approximat¢ly 32.27 acres of the 47.4 acre farm. The exact area of the development rights casement is to be determined by a town provided survey, acceptable to the Land Preservation Committee prior to the contract closing. The purchase price is $14,500.00 (fourteen thousand five hundred dollars) per acre and is pursuant to the provisions of Chapter 25 and/or Chapter 6 of the Code of the Town of Southold; now therefore be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant t the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby f'mds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk PROJECT I.D. NUMBER 617.20 Appendix C State Envlronmenlal Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) MunioIpalit¥ C "'~C~=~t ~'~ I 7. AMOUNT OF LAND AFFECTED: Initially q 7, z~( acres Ultin~ately ~l ~-'-~ acres '8. WILL p~ED A~ION ~M~Y ~H ~NG ZONI~ OR OTHER ~IS~NG ~ND ~E R~TRI~S? ~es ~ No If No, d~i~ ~fly 9. WHAWHAT ,S ~ES~ ~NO ~E l. VI~N~ OF ~EG 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR ~.~ Yes ~:~No If yes, st ageflcy(s) and permit/app,'ovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? U. AS A .ESULT OF PROPOSED ACTION WILL ~(ISTINe eE.MmAPPROVAL REQUIRE MODIFICATION? I cERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOCk, EDGE If the action is in the Coastal Ama, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II*~,*ENVIRONMENTAL A$SF,~MfcN I ilo D~ cornplereo Dy ~,gency) B. WiLL ACTION RECEIVE COORDINATED REVIEW AS P~OVIOED FOR UHUSTED ACTIONS IN 6 NYCR~ PART 617.67 If No, a negative'declaration may be supe~ded, by another icvoh~d agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ~SOCiATED WiTH ~HE FOllOWING: (Ar~we~s may be handwritte~ f eglble) dispos~l, Cl. Existing air quality, surface or groundwater quall~ or quantify, noise leVels, existing traffic patterns, solid ~aste p~eductic~ o~ potential for erosion, dcainage or fioodleg pnY~'e~s? Explain briefl~ C~_ Aesthetic agricultural, amhaeO{ogicsl, historic, or other natural or cultural resources; or community or nelghborlKx~d character? Explain briefly:. C3. Vegetation or fauna, fish, sbellfish or wildlife species, significant habitats, or threatened or em:langered species? Explain briefly:. C6. Lm~ term, shorl te~Tn, cumulative, o~ otbe~ effecte not identified in C1-C57 Explain briefly. C7. Other impacts (including chang~.s in use of eith~ quantity or type of energy)? Explain b~iefly. O. WILL THE PR~ECT~AVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT OF-A CEA? F_ IS THER~ OR IS THERE UKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~ If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is substantial, large, important or otherwise significant. Each effect should be assessed in connection wffh its (a) setting (i~e. urban or rural); (b) probability.of oesurflng; (c)'duration; (d) irreverslbllity; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have ~en identified and adequately addressed. I! question D of Part II was checked yes, the determination and significance must eval0ete the~ potential impact of the proposed action on the environrm~ntsi characteristics of the CEA. [] Check this box if you have identified one or'more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. doceck this box if you have determined, based on the information and analysis above .and any supporting umentation, that the Proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necess~ary, the reasons Sup~nnrt'n~g~his determi~nation: ~ Name of Lead Agency Print o¢ Typ~ Name of R~sible Officer in Lead ^~ncy Title of £ ' n$ible Offi_~ce~ Signature ai Responsible Officer in Lead Aeency ~'~/~ / (r~ ~ P U R C H A S E R E S O L U T I O N S ]gLIZAB~:TI~ A. NEVILLE TOWN CLERK REGISTRAR OF ¥ITAL STATISTICS 1VL~RLAGE OFFICER RECORDS/vIANAGEMENT OFFICER FREEDONI OF INFOKMATION OFFICER OFFICE OF TH~: T()'t~N CIJEliI[ TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 seutholdt e~n.n..or~hfork.net THIS IS TO CERTIFY THAT THE FOLLO%VING RESOLUTION NO. 59 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF TH]~, SOUTttOLD TO%gqN BOARD ON JANUAKY 15, 2002: $$~-IEREAS the Town Board of the Town of S outhold held a public hearing on the question of the pttrchasc of development rights of agricultural lands for a certain parcel of property owned by Robert Schreiber on thc 15th day of January 2002, pttrsuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (Commtmity Preservation Fund) of the Town Code, at which time all intere,ted parties were ~x'en the opportmfity to be heard; m~d WHEREAS, the Tow Board deems it in the public interest that the Town of Southo[d purchase the Development Rights of these agricultural lands, now therefore be it RESOLVED ~at the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property, of agricultural lauds o,,ued by Robert Schreiber~ said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Curchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Presc~xra'tion Committee prior to the contract closing. The purchase price is $20,000.00 (twenty thousand dollars) per acre and is pursuant to the provisions of Chapter 25 and'or Chapter 6 of the Code of the Tox~m of Southold_ Elizabeth A. Nevffie 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 NO. 241 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13,.2001: WHEREAS the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights of agricultural lands for a certain parcel of property owned by Robert Schreiber on the 13th day of March 2001, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold purchase the Development Rights of these agricultural lands, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by Robert Schreiber, said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. Thc development rights easement comprises approximately 32.27 acres of the 47.4 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee prior to thc contract closing. The purchase price is $14,500.00 (fourteen thousand five hundred dollars) per acre and is pursuant to thc provisions of Chapter 25 and/or Chapter 6 of the Code of the Town of Southold; and be it FURTHER RESOLVED that the parcel is to be purchased either outright by the Town of Southold or under the Suffolk County Greenways Program whereby Suffolk County would appropriate an amount up to 70% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT ROBERT SCHREIBER to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-95-1-4.3 (f/k/a SCTM #1000-95-1-p/o 4) 32.27 acres @ $20,000.00/acre 6175 Oregon Road, Cutchogue Closing held on Monday, April 15, 2002 at 1:00 p.m. Southold Town Hall, 53095 Route 25, Southold, New York Purchase Price: Payable to Robert Schreiber Check #66500 (4/15/05) $ 645,400.00 Expenses of Closing: Appraisals Payable to Patrick A. Given SRPA Check #54021 (10/12/99) Payable to Patrick A. Given SRPA Check #64793 (12/4/01) $ 2,100.00 $ 1,600.00 Survey Payable to John C. Ehlers Land Surveyor Check #66564 (4/25/02) Reimbursement to Robert Schreiber for Town's portion of survey invoice Check #66503 (4/15/02) $ 750.00 $ 5,000.00 Environmental Report Payable to Nelson, Pope & Voorhis Check #65917 (2/26/02) $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #66501 (4/15~02) Title policy $ 3,099.00 Deed recording $ 118.00 Sewer Search $ 10.00 $ 3,227.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #66502 (4/15/02) $ 50.00 Those present at Closing: Joshua Y. Horton Gregory F. Yakaboski, Esq. Mary C. Wilson, Esq. Robert Schreiber Charles R. Cuddy, Esq. Karen Hagen, Esq. Melissa Spiro Marian Sumner Southold Town Supervisor Attorney for Town of Southold Assistant Town Attorney Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Peconic Land Trust TOWN OF $OUTHOLD 53095 MAIN ROAD SOUTH(DLE NEWYORK 11971-0999 DATE CHECK NO. 04/15/2002 66500 .o. 066500 AMOUNT ~$645,400.00~w THE 0%? ROBERT SCHREIBER "'Og,c, 5OO"' ','O~]-hOShP, h"- r=,~, OOOOOL, 0"' VENDOR #19145 ROBERT SCHREIBER 04/15/2002 CHECK #66500 FUND/ACCOUNT P.O. # INVOICE # H2.8686.2.000.000 H3.8660.2.600.100 041502 DESCRIPTION AMOUNT SCHREIBER TO TOWN OF SOUTHOLD-32.27 ACRES SCTM#1000-95-1-4 630,753.02 ~14,646.98 TOTAL 645,400.00 TOWN OF SOUTHOLD · $OUTHOLD, NY 11971-0959 PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · haup~auge, n.y. 11788-0306 ($16) FAX ~ September 9, 1999 Town of Seuthold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 RE: Property of Robert Schreiber Located Northerly Side of Oregon Road, East Mattituck S.C.T.M. #1000-95-1-4 $2,100.00 File #99207 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ............................. Begi 2/18/1999 2/18/1999 HZ .600 ~ 10/12/1999 10/12/1999 Hi .600 ., 10/12/1999 10/12/1999 Hi .600 , ,'10/12/1999 10/12/1999 H1 .600 ,, 10/12/1999 10/12/1999 Hi .600 ,, 10/26/1999 10/26/1999 H1 .600 ., 10/26/1999 10/26/1999 Hi .600 ,, 3/14/2000 3/14/2000 H2 .600 , , 3/14/2000 3/14/2000 H2 .600 ,, 3/14/2000 3/14/2000 H2 .600 , , 3/14/2000 3/14/2000 H2 .600 , , 3/14/2000 3/14/2000 H2 .600 , , 3/14/2000 3/14/2000 H2 .600 ,, 3/14/2000 3/14/2000 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 .............. : W-10121999-223 Line: 85 Formula: 0 : : Account.. H1 .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 : Type of 1099.. : Fixed Asset.. : Date Released : Date Cleared. : F3=Exit P Liquid. M BOX. 07 N 10/12/1999 10/31/1999 F12=Cancel 10/12/1999 SDT 10/13/99 : 2.100.00 : APPP~h. ISAL-SCHREIBER PROP : 007416 : GIVEN, SRPA/PATRICK A. : 54021 SCNB : 99207 : 05944 : Addl. : _GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 mute 111 · hauppauge, n,y. 11788-0306 (631) 360-3474 FAX 360-3622 October 12, 2001 Melissa Spiro Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Re: Property of Robert Schreiber, S.C.T.M. #1000-95-1-4 p/o Located Northerly Side of Oregon Road, East Mattituck, N.Y. File #2001252 /l~O~00 I' OCT 15 200t GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ......................... Use Acti 1/30/2001 1/30/2001 A 600 1/30/2001 5/08/2001 6/19/2001 8/14/2001 9/25/2001 10/09/2001 12/04/2001 ~ 12/04/2001 ., 12/18/2001 2/26/2002 .__2/26/2002 .~/27/2002 . .~1/07/2002 1/30/2001 5/08/2001 6/19/2001 8/14/2001 9/25/2001 10/09/2001 12/04/2001 12/04/2001 12/18/2001 2/26/2002 2/26/2002 8/27/2002 11/07/2002 H2 600 H3 600 A 600 H3 600 H1 600 H3 600 H2 600 H2 600 H3 600 H3 600 H3 600 H3 600 H3 600 .. 11/07/2002 11/07/2002 H3 600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name Detail--GL100N W-12042001-635 Line: 237 Formula: 0 : Account.. H2 .600 : Acct Desc ACCOU1F~S PAYABLE : Trx Date ..... 12/04/2001 SDT 12/03/01 : Trx Amount... 1,600.00 : Description.. APPP~AISAL-R.SCHREIBER : Vendor Code.. 007416 : Vendor Name.. GIVEN, SRPA/PATRICK A. : Alt Vnd.. : CHECK ........ 64793 SCNB : Invoice Code. 2001252 : VOUCHER ...... : P.O. Code .... 08348 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. N : Date Released 12/04/2001 : Date Cleared. 12/31/2001 : F3=Exit F12=Cancel : JOHN b:'EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 3/25/2002 21015 Bill To Town of Southold Town Hall Southold, N.Y. 11971 Your Client Property formerly Robed Schreiber SCTM# My Job # 1000-95-1-4 99-272 -- I Date of Service Description 3/25/2002 ; Survey of property off Oregon Road in Mattituck Amount 750.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 005322 EHLERS/JOHN C. Y 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 H3 .600 10/0'9/2001 10/09/2001 H3 .600 12/04/2001 12/04/2001 H3 .600 12/04/2001 12/04/2001 H3 600 12/04/2001 12/04/2001 H2 600 ~ 4/25/2002 4/25/2002 H3 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 'e~J ....................... Use Acti S ~ct Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04252002-298 Line: 84 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/25/2002 SDT 4/26/02 : : Trx Amount... 750.00 : : Description.. SURVEY-R.SCHREIBER : : Vendor Code.. 005322 : : Vendor Name.. EHLERS/JO~I~ C. : : Alt Vnd.. : : CHECK ........ 66564 SCNB : : Invoice Code. 21015 : : VOUCHER ...... : : P.O. Code .... 09163 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. N : : Date Released 4/25/2002 : : Date Cleared. 5/31/2002 : : F3=Exit F12=Cancel : Apfilll, 2002 VIA FAX,' 765-1823 Gregory F. Yakaboski, Esq- Town Attorney Town of Southold ]P.O. Box 1179 Southold, NY 11971 Re: Robert Schreiber to Town of Southold SCTM # 1000-95-1-4 Dear Mr. Yakaboski: Thank you for your letter of April 9*. Attached is a statement which has just been forwarded to me It is my understanding that the sum of $5,000 for the perimeter survey of'the pi-operty will be reimbursed to Mr. Schreiber by the Town at the closing. Very truly yours, CRC:cg cc: Melissa Spiro (Fax: 765-1366) TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEWYOFtK 1~971-0959 DATE CHECK NO 04/15 I2002 66503 NO. 066503 AMOUNT *~' $5,000.00'* PAY TO ,"0 g g, 50 :t," ~:0 ~ ~,1~0 5 ~, g L,l: ROBERT SCHRETBER P.O. # INVO%CE # 04115/2002 CHECK #66503 DESCRIPTION AMOUNT H3.8660.2.600.100 041501-1 SCHREIBER TO TOWN OF SOUTHOLD REIMB FOR SURVEY COST 5,000.00 TOTAL 5,000.00 JOHN C. EHLERS LAND SURVEYOR 6 East Main Street NY 11901 TEL: 516-369-8288 FAX: 516-369-8287 STATEMENT DATE INVOICE # 1/4/2001 20197 Mr. Robert Schreiber 6175 Organ Rd Cutchogue, NY 11935 BILL TO TAX MAP NUMBER ~ MY JOB NUMBER 1000-95-1-4 ~ 99-272 DATE [5/22/2000 i10/30,2000 ~ 10/30/2000 DESCRIPTION Perimeter Survey and mapping of 47.4 Acre parcel on Oregon Road Subdivision mapping for submission to Town of Southold and Suffolk County HD Review and Stamp by Engineer Stake out test well for well driller 1/3/01 1.5 field hours ~ $75 CHARGES BALANCE 5,000.00 1,000.00 350.00 112.50 5,000.00 1,000.00 350.00 112.50 PAY AMOUNT SHOWN IN THIS BOX. THANK YOU! Total $6,462.50 tVe on, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 01381 Project: VA0078; Schrieber Property, Oregon Rd, Cutchog~ Manager McGinn, Steven To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 940 i~V0id~ Datei Febroa~y 04; 2002~ MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 12/27/01 thru 1/9/02 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 JE Date Trx. Date Fund Account ......................... Use Acti 12/18/2001 12/18/2001 H8 .600 ., 12/18/2001 12/18/2001 .. 1/03/2002 1/03/2002 1/~5/2002 1/15/2002 1/15/2002 1/15/2002 1/15/2002 1/15/2002 1/29/2002 2/26/2002 2/26/2002 .~3/12/2002 ,W3/12/2002 Disburs Inquiry by Vendor Name Detail--OL100N : W-02262002-650 Line: 250 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 2/26/2002 SDT 2/27/02 : ,, 3/12/2002 3/12/2002 B .600 ......................... Use Acti Select Record(s) or Use Action Code : Trx Amount... 1,500.00 : : Description.. EBA PHASE I-SCHREIBER : H8 .600 : Vendor Code.. 014161 : H3 .600 : Vendor Name.. NELSON, POPE & VOORHIS, : 1/15/2002 B .600 : Alt Vnd.. : 1/15/2002 B .600 : CHECK ...... ;. 65917 SCN-B : 1/15/2002 B .600 : Invoice Code. 940 : 1/15/2002 B .600 : VOUCHER ...... : 1/15/2002 B .600 : P.O. Code .... 08883 : 1/15/2002 H2 .600 : Project Code. : 1/29/2002 H2 .600 : Final Payment P Liquid. : 2/26/2002 SR .600 : Type of 1099. M BOX. 07 Addl. : 2/26/2002 H3 .600 : Fixed Asset.. N : 3/12/2002 A .600 : Date Released 2/26/2002 : 3/12/2002 B .600 : Date Cleared. 3/31/2002 : : F3=Exit F12=Cancel : I~' O r= E, c; O ;,~' ':08&l~OC;l~&L,': &=, O00OOl~ Ol~' VENDOR #3350 COMMONWEALTH LAND TITLE INSURANCE CO. 04/15/2002 CHECK #66501 FUND/ACCOUNT P.O. # INVOICE # DESCRIPTION AMOUNT H3.8660.2.600.100 09161 RH80014995 SCHREIBER TO TOWN OF SOUTHOLD FEE INSURANCE 3,099.00 RECORDING DEED 118.00 SEWER SEARCH 10.00 TOTAL 3,227.00 TOWN OFSOUTHOLD. SOUTHOLD NY 11971 0959 VENDgP ~770? MAREM ~ACEM: E~Q g4/]5/Pflfl? FUND/ACCOUNT P.O. # INVOICE # DESCRIPTION CHECW #665D? AMOUNT H3.8660.2.600.100 041502 SCHREIBER TO TOWN OF SOUTHOLD TITLE CLOSER FEE 50.00 TOTAL 50.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 G R A N T R E I M B U R S E M E N T REMI' BEFORE CASHING ..~/. WITHIN '~80 DAYS 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: 9 TRANSFER TAX NUMBER: 01-39073 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 095.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $645,400.00 05/13/2002 03:04:55 PM D00012185 535 Lot: 004.000 Received the Following Fees For Above Instrument Exempt Page/Filing $27.00 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 Co~.Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 01-39073 THIS PAGE IS A PART OF THE INSTRUMENT Exempt $5.00 NO $5.00 NO $5.00 NO $30.00 NO $0.00 NO $102.00 Edward P.Romaine County Clerk, Suffolk County 2002 TOWN ATTORNEY'S OFFICE TOWN OF SO[J'FHOLD Numberofpages ff TORRENS Serial# Certificate # Prior Cir. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 4 ] FEES Page / Filing Fee ~x "7 Handling .5 Notation EA-5217 (State) ~.5- Z D Q Comm. of Ed. 500 Reg. Copy Sub Total Other GRAND TOTAL 5 Real Property Tax Service Agency Verification Dist. Section B lock Stamp 0200?052 xooo ogsoo oxoo 004000 Satisfactions/Discharges/Releases List Property Owners maumg Recording / Filing Stamps Mortgage Ami I Basic Tax 2 Additional 'Fax Sub Total Spec./AssiL Or Spec./Add. TOT MTG, TAX DOM Town Dual County -- Held for Apportionment -- Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one ortwo family dwelling only, YES or NO If NO, see appropriate tax clause on page # of this instrument. Corrununity Preservation Fund Lot Consideration Amount $~', t~OO,,'~) CPF Tax Due Improved Vacant Land TD / O TD TD Tille Company Information Suffolk County Recording & Endorsement Page 'lltis page forms part ofthe attached .~).e.g~ DF ~.~d/f>~/zy/zSKrq..~.D~ A~/~/ATL~_~ _made by: (SPECIFY TYPE OF INS1RUIVIENT) ,-~ t/~o ~-r~/ ~'~/-2 r~/~_~-~ ]l~e premises herein is situated in SUFFOLK COUNTY, NEW YORK_ "7"'l..X.)'r~r~ T~o~/'~/q~.-j In the Tom~sNp of In the VILLAGE o,. EZor /gaT BOXES 5 TI~RU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR. FILING. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 15th day of April, 2002, BETWEEN Robert Schreiber, residing at 6175 Oregon Road, Cutchogue, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office aI~d principal place of business at 53095 Main Road (Route 25), Southold, Town of Southold, County of Suffolk and State o£New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of SIX HUNDRED FORTY-FIVE THOUSAND FOUR HUNDRED ($645,400.00) 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 Laxv, as amended, to permit, require or restrict the usc of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the To~vn of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to tI~e property described as follows: a No.: RH80014995 · SC~I~DULE A - DESCRIPTION AMENDED 05/01/02 ALL that certain plot, piece or parcel of land, situate, lying and being at Nattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the Northwesterly side of Oregon Road distant Northeasterly 25.10 feet as measured along same from a monument being referenced to the New York State Plane Coordinate System by the coordinate value 315,519.42 feet North 1,392,354.51 feet East said monument also being south 64 degrees 25 minutes 24 seconds West, 10,683.00 feet from Geodetic marker "Felix" RUNN][NG THENCE from said point of beginning along other land now or formerly of Schreiber the following five (5) courses and distances, 1. North 45 degrees 36 minutes 11 seconds West, 1370.88 feet; 2. North 45 degrees 43 minutes 11 seconds West, 1470.93 feet; 3. North 45 degrees 16 minutes 31 seconds West, 389.34 feet; 4. North 35 degrees 02 minutes 18 seconds East, 205.45 feet; 5. North 23 degrees 39 minutes 45 seconds East, 269.99 feet to land now or formerly of Luigi Bandenchini; RUNNING THENCE along said lands South 46 degrees 26 minutes 5:[ seconds East, 2783.37 feet to other land now or formerly of Schreiber, RUNNING THENCE along said land the following two (2) courses and distances; 1. South 43 degrees 33 minutes 09 seconds West, 300.00 feet; 2. South 46 degrees 26 minutes 51 seconds East, 573.34 feet to the Northwesterly side of Oregon Road; RUNNING THENCE along the Northwesterly side of Oregon Road the following two (2) courses and distances, 1. South 46 degrees 21 minutes 39 seconds West, 151.97 feet; 2. South 39 degrees 22 minutes 39 seconds West, 52.29 feet to the point or place of the BEGINNING. Title Report TOGETHER with the non-exclusive fight, 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 fights of the party of the first part in and to said premises, insofar as the fights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands actually used in bona fide agricultural production as defined in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of' the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in fitrtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by xvill or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. 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. This covenant shall mn with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance ~vith any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to 5 or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public heating and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. The following shall be a covenant running with the land in perpetuity subject to the Town receiving grant money from the New York State Department of Agriculture reimbursing the Town for the partial or total purchase price of this interest in land: "all amendments to the approved easement (the covenants and restrictions set forth in this Deed) must be authorized by the New York State Department of Agriculture" This covenant shall run with the land in perpetuity. The following shall be a covenant running with the land in perpetuity subject to the Town receiving grant money from the United States Department of Agriculture (USDA) Farmland Protection Program reimbursing the Town for the partial or total purchase price of this interest in land: "Contingent Right in the United States of America: In the event that the county or local government and approved co-holding land trust, if any, fails to enforce any of the terms of this easement [or other interests in lined], as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the county or local government and approved co-holding land trust, if any, attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement [or other interests in land] without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement [or other interests in land] shall become vested in the United States of America. This covenant shall run with the land in perpetuity 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. //~ Seller: ~.~//~ t/,obert~eiber Purchaser: Town o~hold By: Jolt{ Y. Hor~or~,~Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )ss: On the 15th day of April, 2002, before me personally appeared ROBERT SCHREIBER, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Pubic"' --~"~ ~- KAREN J. HAGEN NOTARy PUBLIC, State of New Yo~ No. 02HA4927029 Qualified in Suffolk Court STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )ss: On the 15th day of April, 2002, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. NOTARY F'USL.iC, State ol New York No. 02HA4927029 Qualified in Suffolk County ~ Commission Expires March 21, 20 ..~ T I T L E P 0 L I C Y ISSUED BY COMMO~TH LAND TI~fLE INSURANCE COMPANY OWNER'S PoucY OF TITLE INSLIRANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interesI described itt Schedule A being vested olher than as stated therein; 2. Any defect in or Iien 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 h~r~unto affixed b~ it~ du. ly autl~rized office[s,, !~e Polic~ to ~ec~me v~lid when cyynte~igned by an ~uth~fi~e~ officer qr ~gen. t.o.f tl~e Compa0y · · ' ' "' ' CoMMoNIYEALTH LAND ~iTLE 1NsoRANCE QOM~ANY' Secretary 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, a;torneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (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 c]almam became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM I PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A Valid only if Schedules A and B ~.nd Cover are attached APR. 15,2002 12:l,?M . CLTIC RIVERHEAD NO. 9 0. P, 2/4 C ommn l '$CHEDULEA. · File No.: RHSOO:I.4gg5 Amount of Insurance; $645,400.00 Date of Policy: April 15, 2002 Policy No.: RH80014995 1. Name of l'nsured; TOWN OF $OUTHOLD, a municipal corporation 2. The estate or'interest in the land which is covered by this pi)licy is: Development Rights $. "' Title ~o the estate or interest in the la~d is' vested ih: ...... TOWN OF $OUTHOLD, a municipal Corporation By deed made by ROI~ERT SCHREZBER to the INSURED dated Al~ril ~.5, 2002 and to be recorded in the O~ce of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countemigned: Authorized Officer or Agent Fee Policy Insert APR, ID, 2002-12:1.$PM '"CLTJC RIVERHEAD-- P. 2 ,- SCHEDULE B Exceptions from Coverage File No,: RH8001'~995 This policy does not insure* against loSS oe damage (and the Compari¥ will not pay' Costs, attorney~' fees or eXpenses) Which arise by reason of the f~llowing: '. '. ' ' . '. * Rights of tenants or persons in possession, ' ' ' Survey made by .~ohn C. Ehlers Land Surveyor last dated 03/04/02 covering premises and more shows subject premises as vacant land, a)Vineyard shown, b)Dirt farm rroad in easterly area, subjec~ to easement rights of others than the insured in, to and over same. No other variations or encroachments. · No title is {nsured to any lands now or formerly Below the high waterfine of. LoNG.[SI-AND SOUND. 4. Riparian rights of others fronting on LONG ISLAND SOUND. 5. .Riparian rights of the Jnsu~ea oveP I'ONG ISLAND SOUND are not Insured; ~ 6. Rights of the Governmen.tal Authorities to improve navigation and change bulkhead lirieS with(~ut ' ' Compensation to upland owners. 7. Subject to the rights of the public to navigate the waters of LONG ISLAND SOUND. 8. Declaration recorded in Libor 12:109 page 66S. Private Well Covenants, Declaration of Covenants and Restrictions recorded in Libor 123.48 page 10, Unpaid water charges to date, if any, 11. The tax search herein shows a par~ial or full exemption from taxation. The exemption from taxation will terminate immediately upon the transfer of title to the insured. PoliCy excepts the lien of restored taxes, plus penalty and interest, if any. ~.2. 2001/02 Town and School taxes. Fee Policy Insed: APR, 15,2002 1 4-SPM CLTIC RIVERHEAD N0.995. P, 2 File No,: RH80014995 '* . SCHEDULE A ' DESC'RzPI O N ' ' " ' AMENDED 04/12/02 ALL that certain plot, pi~e or parcel of[and, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State Of New.york, being bounded and described 'as fol.10ws: .. BEGINNING*at'a point on the northwestel"ly side of Oregon*P,~ad distant~ N0rtheas~erly 25~10'feet~ a~ measured along same from a monument being located 315,519,42 feet North of a point which is 1,392,354.51 feet East of a monument marking the Geodetic Marker "Felix"; said monument also being South 54 degrees 2S minutes 24 seconds West, 10,683.00 feet from Geodetic marker "Felix"; RUNN~:NG THENCE from said point of beginning along other land now or formerly of Schreiber the fo[lowing five (5) courses and distances, 1'. ' North 45 degrees 36 minutes 11 seconds West, 1370.88 feet; 2. North 45 degrees 43 minutes 11 seconds West, 1470,93 feet; 4. *' N0~h 35 degrees 02 minutes 18 seconds Ea~, 205.45 feel; 5. · NoKh 23 degrees 39 minutes 45 seconds East, 269.99 fe.~t to land now or formerly of Luigi Bandenchini; RUNNING THENCE along said lands South 46 degrees 26 minutes 51 seconds East, 2783.37 feet to other land now or formerly of Schreiber, RUNNING THENCE along said land the following two (2) courses and distances; 1. South 43 degrees 33 minutes 09 seconds West, 300.00 feet; 2. South 46 degrees 26 minutes 51 seconds East, 573.34 feet to the Northwesterly side of Oregon Road; P, UNN[NG THENCE along the NorthwesteHy side of Oregon Road the following two (2) courses and distances, 1. South 46 degrees 21 minutes 39 seconds West, 151.97 feet; 2. South 39 degrees ;[2 minutes 39 seconds West, 52.29 feet to the point or place of the BEGINNING. Fee Policy Insert '.COmmonWealth File No.: RH80014995 STANDARD NEW YORK ENDORSEMENT.. ' (OWNER'S POLTCY) ATTACHED TO AND HADE A PART OF POLTCy NO. RH80014995 TSSUED BY COHHONWEALTH LAND TI'TLE I'NSURANCE COHPANY 1. The following is added to the insuring provisions on the face page of this policy: "5. Any ~tatutory 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 o[this policy." "~"'~' "" '"'~. ~'" ~'tfi~ f61i0Wlh~Is added' tO" Paragraph" ' ~ o~ [he' Cgndlk,6Es' ' ..... "and" S~:l. puJa~lons' '~ { ~ .... o~ ~hls' policy:' ........... ~"' . '" "(d) If the recording date of tl~e instruments creating tee insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: April 15, 2002 Issued at: Commonwealth Land Title [nsurance 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/:~7/92) TQ10037NY (07/00) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. Thc following terms when used in this policy mcan: (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 including, but not limited to. heirs. distributees, devisees, survivors, personal representatives, nexl of klm or corporate or fiduciary successors. (b} "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property, The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right . title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes~ ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed. or other security instrument· (fi "public records": records established under state statutes at Date of Policy for thc purpose of imparting construclive notice of matters relating to real property to purchasers for -value and without knowledge. With respect to Section l(a) (iv) of the Exclusions From Coverage. -public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land~ not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE· The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as thc insured retains an estate or interesl in the land~ 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 liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the eslale or interest. This policy shall nol continue in force in favor of any purchaser from ~he insured of either (ii an estate or inlerest in Ihe land, or (ii) an indcbledness secured by a purchase money mortgage given to the insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT, The insured shall nolif~ thc (ompany p~omptly hi ~riting (ii ill case of any litigation as set forth in Section 4(al below, (ii) in case knowledge shalI come to an insured hereunder of any claim of rifle or interest which is adverse to the Idle to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company maypursue any litigation to final delermination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use. at its option, the. name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (ii in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the hilure of the insured to furnish the required cooperation, the Company's obligations to Ibe 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 cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company 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 lbe basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall 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 addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shali produce for examination, inspection and copying, at such reasonable times and p}aces as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy. which reasomlbly pertain to the loss or damage. Further, if requesled by any authorized representative of the Company · the insured claimant shall grant its pernusston, in 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 to the loss or damage. Ail information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of thc Company. it is necessary in the or grant pcrmissmn to secure reasonably necessary information from third parties as required in this p~ragraph shall terminate any liability of Ihe this policy, or (iii) if ti0e to the ~state or interest~ as insured, i~ rejecte4 as .. 6. OpTiONS TQ pAY OR OTHERWISE $E'[TLE CLAIMS; unnlark&tabh/. IPprompt not ci sba not be g{ven tD the Cbm'pfiny. then as TERMINATION OF LIABILITY. . · to the. insured all liability of Ihe'Compaqy shall terminate.with regard to: the matter or matters for which prompl nolice is required: provided, however. Ihat Ihilure to notify the Company shall m no case preiudice Ihe rights of any insured under this policy unless the Company shall bc prejudiced by Ihe failure and then only to the extenl of the prejudice 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE· (a) Upon written request by Ihe insured and subject to tile options contained in Section 6 of these Conddions and Stipulations. the Company, at its oxgn cost and without unreasonable delay, shall provide for Ihe defense of an insured in litigation in '.~hich all)' Ihird party asserts ~ chdnl adverse to the tille or interest as insured, but only as to those stated causes of aclion alleging a defect, lien or cncunlbrancc or t*thcr malter insured against by this policy The Company shall have the right to select counsel of ils choice (subject Io the righl of Ihe insured Id object for reasonable cause) to represent the insured as to those stated causes of action and shall not' be liable for and will nol pay the febs of any o her cqunse[ The Company will not pay any fees. 'c6sts or e~penseg incurred by the insured i1~,~ the'defense of those causes of action which allege matters not insured gainst by this policy· . (bi The Company shall have the right, at ~ts own cost. It/ ~nslitute and prosecute any action or proceeding o[ to do any other act which in its ppinion may be necessary or desirable to establish the tide to lhe estate or interest, .as insured, or to prevent or reduce loss or damage to the insured The Company may taki any appropriate action Under the terms of this 'policy.'Cvhether or not it shall be liable hereunder, and shall not thereby · lfi case of ~ claim ufide~' thls'policy, th8 C6rdphn~ ·shall have the follmC'ing additional options: (a)To Pa> or Tender Pa)nlcnl dj [he AmOUl/t of Insurallce fo pay or lender paymenl ol Ihe amount of insurance under this policy together wdh any cosls, altorneys' fees and expenses incurred by thc insured claimant, which were authorized by thc Company. up Io tile time of paymant o[ tender of paymenl and which the Company is obliga- ted to pay. Upon the exercise by Ihe Company of this oplion, all liabilil~, and (bi 'rd P[[}r Or Otherwise Settle With Parties Othm (ii Id pa) or olhcrwise settle with other parties for or in thc name of an insured claimant any c a mnsured ~gainst under this policy, tngelber : claimant which were ~thorized by the Company up to 'time of p;/yment , and which the Company is obligated lo pay~ or. (ii) to pay or otherwise settle w~th the insured claimant th~ loss or damage provided for under this policy..toget.her with any costs, attorneys'. obligated to pay. Upon the exercise by the Company of edher of the options provided for - .in paragraphs (bi(i) 9r (ii), the Compgny's obligations to the insured under this policy for tl~e'clairhed 'logs or damage. Other {ben toe payments' Conditions and Stipulations £ontinued Inside Cmer ........... > nj.,- n'n q'l 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual..mpnetary.loss or damage sustained or incurred by thc in~uied claimant who has suffered loss or damage by reason of matters insured agains iby th s pO cy and on y to '* the extent herein described, (a) The liability of the Company under this policy shall not exceed the least of: ti) the Amount of Insuranc~ stated i~ ~chedule A; or, (ii) the difference between the valu~ of the insured estate or imerest Es . '~ insured and the value, of the insured estate.or interest subjec to the defect. CONDITIONS AND STIPULATIONS (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 p~yable within 30 days thereafter. 13. :SUBROGATION UPON pAYMENT OR SETTLEMENT. (a) The Company's Right of Subrdgation Whenever the Company shall have settled and paid a c a m under Ihis policy, all right of subrogation shall vest in (he 'Company ~naffected by any act of th9 insured claimant. . The 'Compafiy shall 'be subrogated 1o and b~ entitled' t9 all rights a~d liet~ or encumbrfinee insured against b); this policy, remedies which the insured claimant would have had against any person or ' ..... · . ~ .... , .. · '. . . ' .property in .respect to the claim had this policy"i~pt been issued. "If : (b) In the event iJ/e Amount of Insurance stated in Schedule A at the requested by the Company, ihe insured claimant shall transfer to thc Date of Policy is less Ihan 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases die value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: ti) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amoutlt'of insurance at Date of Policy bears to the, total value' of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rala in the proportion that I20 percent ottbe Amount of Insurance stated in Schedule A bears to the sum of the Amoum of Insurance stated in Schedule A and the amount expended for the improvement, "~' ' ~rlie provisions ;f this l~a~graph shall not ~appi~ to ~;~ts, attorneys' ~ees 'and'expenses for which the Cmh[/any ig lial~le under lhis poll/:y' 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 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 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 Ihe Company and Ihe insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect. lien or e~cumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, 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. UABIUTY 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 ownen 12. PAYMENT OF LOSS. (a) No paymenl shall be made wit hour producing Ihis policy for endorsemen[ of the payment unless t he policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished lo the satisfaction of the Company. NM 1 PA 10 ALTA Owner's Policy (10-17-92) Form 1190-3 Cover Pao. Company all righls and remedies against an5 person o~ property neccssar5 in order to perfect this right of subrogalion The insured claimant sball permit the Company to sue, compromise or settle in the name of lhe transaction or litigation involving these fights or remedies If a payment on account of a claim does not fully cover the loss of thc insured claimant, the Company shall be subrogaled to these rights and remedies in the propomon, wh ch the Company's paymenl bears to. the whole amount of the 10ss. If loss should result from any act of the insured claimam, as stated above, that act shall not void this policy, bm thc Company, in that event. shall be required to pay only thai part of an~ losses insured againsl by this policy which shall exceed the amounl, if ail3, lost to tile Compan3 by reason of the impairment bF the insured claimant of thc Company's right of subrogation. ,..(b) The Company's-Rights Against Non-insured Obligom .' The Company's right of subro'gafion against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranlies, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of Ihis policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at thc option of either the Company or the insured All arbitrable matters when tile Amount of Insurance is in excess of $1,000,000 shall be arbitrated onl~ ~hen agreed to by both the Company and the insured. Arbitration pursu~nl to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include altorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract belween the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole· (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserling such claim, shall be res~ricled to this policy. (c) No amendment of or endorsement 1o 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 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 and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given ~he Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department. P.O. Box 27567, Richmond, Virginia 23261-7567. NEW YORK OFFICES NEW YORK STATE OFFICE 665 Third Avenue New Yon~, New York. 10017 (212) 949-0100 FAX: (212) 983-8430 BUFFALO 37 Franklip Street, Suite 100 Buffalo, New York 14202 (716) 853--6806 FAX: (716) 853-6806 GARDEN cI'Ty 1325 Franklin Ave~ Suite 160A Garden Cb, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CIT~ 17 Squadron Boulevard;'Suite 302 New York, New York 10956 (~45) 634-7070 FAX: (845) 634-8513 RIVERHEAD 177 Old Country Road Riverhaad, New York 11901 (631)727-7760 FAX: (631) 727-7~818 ISLANDIA 1777-6 Veterans Memofia~ Hwy IsiandJa, New YOIt( 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 Aven~e New York, New York 10017 (212) 949-0100 OWNER'S POLICY OF TITLE INSURANCE (10-17-92) ~ERICAN LAND TITLE A~SOCIATION Commonwealth Title Insurance Since 1876 ' HOME O}~IL3R: 101 Gate~oay Centre ParkoJay, Gateway One 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 ~tle Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land l"Rle Insurance Company RO. 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 32.27 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map No. 1000-95-1-4, 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. Proiect Sponsor TOWN OF SOUTHOLD ~~~"~"'~rvi so r P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowner Cutchogue, NY 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 15th day of April, 2002, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public~// STATE OF NEW YORK COUNTY OF SUFFOLK KAREN J. HAGEN NOTARY PUBMC, State of New Yo~ No. 02HA4927029 Qualified in Suffolk County ) )SS: ) On the 15th day of April, 2002, before me personally appeared ROBERT SCHREIBER, 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. Notary Public (.._,/' ,/~ ~ KAREN J. HAGEN NOTARY pUBLiC, State of New 'York No. 02HA4927029 Qualified in Suffolk County CommiSsion F. xpir~ Mm'ch 21','~0 ~ 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: Supervisor Horton Town Board ' Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing John Cushman Melissa Spiro, Land Preservation Coordinator Development Rights Acquisition DATE: April 15, 2002 Please be advised that the Town has purchased the Development Rights on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: MISC: Part of 1000-95-1-4 Robert Schreiber April 15, 2002 $645,400 ($20,000 per acre) 32.27 acres The development rights were purchased on 32.27 acres of the 47.40 acre parcel. Robert Schreiber is before the Planning Board for approval of a Minor Subdivision of the land remaining with development rights intact. The attached survey shows the location of the 32.27 acre area. I have sketched in the approximate location of the lots pending in the Minor Subdivision before the Planning Board. Encl. File View TOOJbar Help Sch~eibe~6b~t ~ RoI!Y&~ 2005 ~u~r~7~ ~dgh~ ~, - Ownel , . . Tot~ :1 ~ , Tex~ble~al~b ,, Miscellaneous Name: Ro~e~t~S~h~e~e~ ~ ~;~. ~c - County. , ~:: ' ~ook: 10423 St,e,~: Gi~5 Oregon 'Rd ~ S6hool; 200 POBo~~, C, T ~: Ba~k: C ~ CutchogUe, NY Zp 11935-~ ~ Sch~affer~ar: 200 ~c~No: Sale :: Total: 0 · ' : :Site 1 oll :,: Land 0o~0 ExemPtion ; Total:l Term 6~ ~uildNg ,, ,:~? : T~a 0 ' Code Amoun[ "Year Pc[ 41720 AG DIST 3.800 O :: ,, .,-~' Special Dis[dc[ : To[al: 4 : ~au~/~ imp en[ o[al: 0 ~de :Units Pc~ '!YP~ ~o~e Ta2~ [~pe Name . ~:O~l Dim2 FD029 Cu~chogUe EE .00 .00 .00 ; pK090 Cutch-Ne~ S~ .00 .00 .00~ Prir~ts ?be-~cleen 20(3; Suffolk County Tax M~ Book 32.2'7 PLANNING BOARD JERLL¥~' B. ~-OOD[ ~NNETH L. 5D%V~DS P.O. Bux 1179 SouttzolB. Ne~.- '~'o[~ [19TJI--0959 T~Zep ho~e I ~)S 1, 765-19~, Fe~, 63]., 765-3~.36 PLANNING BO.~°,.D OFFICE TO~Vt~ OF SO~?I'IIOLD February 10, 2004 Ms. Marian surilner c/o Peconic Land Trust 296 Hampton' Road P.O. BOX 1776 Southampton. NY 11969 RE: Minor SUbdivision for Robert Schreiber Located on the north side Oregon Road. west of Alvah's Lane, Cutchogue SCTM#1000-95-1-4 Zone: R-80, Dear Ms. Sumner: The Southoid Town Planning Board, at a meeting held on Monday, February 9, 2004, adopted the following resolution: WHEREAS, U~is proposed subdivision is for 4 lots on 47.4 acres on the north side of Oregon Road, west ol= Alvah's Lane in Mattituck; and WHEREAS, Development Rights on 32.27 acres have been sold to the Town of Southold; and WHEREAS, on December 19.1999, the Planning Board granted conditional sketch plan approval on the map, dated December 5, 2000; and WHEREAS, the applicant has received an updated approval from the Suffolk County Department of Health; and WHEREAS, on January 8. 2001. the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 7), Part 617, performed a review of tl~is unlisted action, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on February 3, 2004, the Southold Town Board resolved to accept a Certificate of Deposit (Account Number 8331052493) in the amount of $68,590.00; and Schreiber- Paqe Two - 2/1~0/0~44 WHEREAS, on August 13, 2002, the Southold Town Planning Board granted conditional final approval on the s~Jrveys, dated July 23, 2002, and, in subsequent decisions, further extended conditional sketch apprevat through February 13, 2004; and WHEREAS. the conditions of conditional final approval have been me~; and WHEREAS, ail the requirements of the Subdivision Regulations of the TOwn of Southold have been met; be it therefore RESOLVED, that [he Southold Town Planning Board grant final approval on the maps, dated as revised January 1, 2004, and authorize the Chairperson to en,:lorse the final map. Enclosed please find a copy of the map that was endomed by the Chairperson. The mylar maps, which were also endorsed by the Chairperson, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so ~led o~' recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. VerY truly yours, ~'JeriJyn B. Woodhouse Chairperson cc: Land Preservation Department SUFFOLK COUNTY CLERK RECORD~ OFFICE RECORDING PAGE Type of InstrUment~ DECLARATION/DOP District ~ Section: Block: 1000 09~.00 01.00 EXAMINED AND CHAR6~D AS FOLLOWS Received the Followi~g Fees For Above Instrument Page/Filing $21.00 NO Handl/m9 COE $5.00 NO NYE SRCHO TP-584 $0.00 NO Notation Cert.Cople~ $8.7~ NO RPT SCTM $0.00 NO Fees Paid THIS PAOE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Recorded: 01/06/2004 LIBER: D00012293 PAGE: 512 Exempt $5.O0 NO $15.00 NO $0.00 NO $50.00 NO $104,75 Edward P.Romaine County Clerk, Suffolk County Number of lmgC~ { §~iial # C.¢nifiC.Le # TORRENg Prior Cfi. # Page/Fding Fee i;0.~ Handling 5. 00 R-P.I.S.A. _~' Affidavit De-,xl / Mca ~agc T~cx Stamp N YS Su,'charge ...... ;5:_00 Sub 'tbra/ Q~' O,h~ ,'() fi n / Real ~o~ny Ve~fica~on "~ 6 I S~shcfio~Dhch~e~ele~ List ~ope~' Owners Mafih~g Addr~s RECO~ & ~TU~ TO: Recording / Filh~g Stumps blongage ,Mnt. I, Baaic TAx 2. Additional Tax SubTma[ Sp~./Assi[ or Sp~. TOE blTO. TAX ~al Ioa~ __ D~ Courtly Held for Ap~immeat ~ 'ringer lax ~e pro~' eos~ by ~ mo~gage ~a 5 COmmunitY Preservation Fund Consideration Amount CPF Tax Duc Impm,,ed. %ca,;I I anti TD . [ 7~ ] Title compaa~' Information lC,.. Nrane I Title # Suffolk County Recording & Endorsement Page ~ SEC~' T~E OF INSTRUMENT~ 10 ~ the To~ ~ In ~e V~LAGE DECLARATION OFCOVENA_N~[S& RESTRICTIONS Or~goa Road, Cutci~ogu~. NY ! 1935, I~c/nafirr ~n'ed to as Ih~ DECLARANT; WITNESSETH: ~S, ~ DECf.ARANT is ~ ovmer of c~,~in n:~l prol~nY situate on g~e Nor~ sklc of O~gon Road, To~n of Somhold, Suffo~ Coonv,.,, t4cw Yolk, more p~icutady bounded and described in $ct,.edulc 'A" ,~cd hero (h~r~/nal~ ~eferr~l m a~ the Prnl~ty); and WHEREAS~ thr DECLARKNT has made an a~i on for and hav~ r~x'~ veal c4~di~! approval from Ibc pIs~ing Board oftl~ Town of Sowdugd to subdivide .~d property i~o four (4) 10~ a~ shown on g~ ,~bd~v/sion M~p of "Rob~ Scl~r~iber" I~IXucd by $ohn C. EId~:z~ Land Surv~'or. tnst d~l ~9~,~'hk:h m~ will be filed hctc~,~h in th~ Offic~ oflt~ Suflblk County Cleric, ami owners and pixetxx~'e ox~z~rs of~d ~ that tl~ wiflfin Cove~m~ ~ R~ ~ will ~ f~ ~ ~ ~ of~ DECL~ ~ s~ ~ of~d ~; 4) Th= DECLAR~N~ shall ackaossicdgc in ~iting [o thc Piann!13g ~ I;~l~t ~ ~tt~/i0n of Ibis sulxt~ion in no v~y ~mi~ ~ th= Town or the County of SuffE~lk tn =xy program m lm~tet.~ I~is pmpe~y ft~n bluff~nd shor=iine ~osion through the con~ruclion Each lo~ owner is n:sponsible tot pr~.cm6ng nmoff ~mto ncighboring prol~nics. Them shall ~ot be any ~_'cess sta-ucmre to the beach v, itho~t any necessazy pt~'Imm from the Southold Town ~ of Tmstces and Ih~ Building Within 50 fcct o£thc top of d~ bl~. the~ shaJl bc no grading caccpt ~hat may ~ nt:cc~ry/o Co~/rol or tmn~, c~)~Jon or pecvoat stonmvat~r fix~m flowin~ ovm, I~ ~ of thc bluff Clea~ng within this 50 root axca shall b~ limited to that n~-ss~y ~t proper maintenance and ~nao~tl of di.,~as~ dc~aycd and obno~dous plant spe,:ics_ 8) AS dcsc~bed in a .n~m'ate Road l~clarafion, lot owe'rs 2 trod 3 shall ha*e a m,a~l ~m exclusive., peqx, ani tam,t~n~ over and acc~ aem~ ~e ~d. w~ch is t~ut ofLot 1. f~ 9) For turn around proposes, Ih~ e~tcnsion oflhe ro~cl into Lot 1 obsm~io~s or gates that would in f-thnge upon th~ u.~ of lbo toad. 10) TI~ 4-~re de~k~t~nent area within Lot 4 slmH not be ~her subd/v~d~L shall not ix~clu~ ~ con~xuctio~ of such stru~an~s ~ithin ~ d~lopm'a~t area for os~ p~m~tlc~ by- lh~ Zoning Code o£t]~ Tov, n ~f Soulhold. Th=s= covmmnts and reSmc~ions shall nm ~qlh fl~ land and slnll Im bh,ding ulxm {be DECLARANT. ils ~ and assigns, and opo~ all pemons ~ e~ul~es claiming un~r titan, and tony bc tcrm~n*~t~L, t'cvoked or amended by ~ ow'act of t~ Prop~'ty only with I~c ~rit~cn co~sent o£ the Toss~. ~manled by a majoliiy plus o~ vote of the l>lnwnlng Boald alii' a ~ hearing. If any section, subsect/~, paragraph, ~hse~, phrase or provision of th~c cover~a~s and t'~Ric~ions shall, by a Court or' compc~m jm'isdiction, be adjudged flleg~ unla,~nl, im'alid or I~ld to be imconslilutional, lira same sh~l not affect the validity of Ihe~ coverm~ls as a whole ~ any oflmr p~tt or provlslon hereof otho' titan the part so adjudgcd ~ he ill~gal, unlawfid, ~x~i~ Th~ within Dehlarati~m is ma~ s~bject ta the provisions of all laws r0ClUited by I~w or by'.their That thc ~d~n D~cl~ation dudl nm ~ith ~ae land and sbull bc finding ~pon t~ DECL_~.NT and its succesao~s and a.~il~ns~ and upon all pers~ o~* en~ities cla~min§ m,,dcr thcm~ and may.' bc annulled. ~K*cd, cha%~, mocliiicd, lctminatcd~ 0~vol~l, a~nelicd, or amended by subr~qc, em owuet~ oldie Properly unicos and until ~p~uv~l by a majority plus one ~e or'the ?Jamun§ Board ofd~c Toga o£ SouthoM or ~ successo~ afurr a public WITNESS WHEREOF, the DECL,~LAi~T above framed havc executed tile inslrmmmt thc day an~ ],*c$C first ~iue~ above. STATEOF lqEW YORK ) COUNTY OF SUFFOLK ) SS: Notaq~ Public JFATE OF NEW YORK ................... COUNTY OF SUFFOLK SS: I EDWARD P ROMAINE. CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK JN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT HAVE COMPARED~T. HE ANNEXED COPY O . ,g~/ DEED LIBER ~:~' AT PAGE ___~-~./.:.e RECORDED ~'~ / AND THAT IT IS A JUST'AND-TRUE COPY ~ '~l~t-u ,~,~ ..... '-~-~--~ e THEREOF. ...... vM~II~AL DECLARATION AND OF THE WHOLE iN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXI~D THE SEAL OF SAID [.egnl Description. "/'t LOT 1 All that cetvaln plot, piece or parcel of hnd, sittmte, 13qng and b~mg at Mauimck, Tmon of Southold, Comi~, of Suffolk ,and Suge of Ne,.,,' York. being botmded and described as follows: Beginning at a point on the nurthx~e.qterly side of Oregon Road ~ measured from a monmnent being referenced to the New Vork State Plane Courdinate System by the coordinate valne 315,519.42 feet ilorth 1,392.354.51 feet east said monument also being South 64°25'24'' West 10,683.00 t~et from geodetic marker -Felix". Said point also being tim South East corner of the Land now ur formerly of Little Bear Reah.%. Inc., I'bm~erly of Bialccki. Rurufing thence from said point of begim~ing .along the land no,x or fom~rly of Little Bear Realty, inc the following tlu~c (3) comes and distances; l. North 45°36'11" West, a distance of 1373.05 feet: 2. North 45'43'1 I" We~, a distance of 1471.00 feet; 3. North 45"16'31" West. a distance of 1292. [ 1 feet; to thc Lung island Sound R.n.lr~g thence on a tic linc along the high x',a~r llne of' Tl~e -Long Island Sound, North 43~49'49'' East, a dismee of 280.47 l~et; to Lot Running thence along Lot~ 2,3 and 4 the lbllowlng seven (7) courses attd distances; l.South 44°30'09" East, a distance of 521.60 feet; 2.South 31'11'51" West. a distance of 180.38 3.South 44o43'29.' West, a di.qance oi'48.02 feet to the beginning ufa cur~,e tangcm to said llne; 4. Thence ~outhwcstcrly, '~,.esterly md northaesterly a distance of 39.27 f~t along thc eun.e concave to the north, Imving a radius of 25.00 f~t and a central angle of 90¢O0'00" 5.South 45°16'31 ' F_ash a distance of 757.64 l.~t: 6.South 4743'11' [~asL a distance of 1470.93 feet; 7.South 4736'11" East~ a distance of 1370.118 feet; to Ybe north'~,%-sterly side of Oregon Road: running tbenee westerl> along tee northwesterly side of Oregon toad Somh 39~2~'39" West, a distance of 25. l0 feet; to the Point or P}aec of Beginning. Containing 5.53 ACRES. more or !ess. Legal Description. LOT 2 .MI that cermhi plot, piece or parcel of land, situate, l.~Sng and heirtg at Mattituck. Town of $outhold, Coune,., of Suffolk and State of Nexv York, being bounded and descri~.xl ~ 'fc, llows: Begittalag at a point the fotlowhtg four (4) courses and distances Ii'om a monument on the northwesterly side of Oregon Road beh~g rcferem, t.-d to die New York State Plane Coordinate System bythe coordinate s.alue 315,519.42 feet North 1,392,354.51 feet East said monument also being South 64025'24'. West 10.683.00 feet from g~dettc marker "Felix". North 39°22'39" East, a distance of 25.10 ice[ northeastt:dy along thc nordiwesmrly side of Oregon Avenue tO the South Eaqterl~. comer of Lot 1, thence along Lot 1, thc lbllo~ing thxee cour.qes attd distance:,. 1. North45036'll' West 1370.88 feel 2. N-onh 45°4Y1 I" West, a distance of 1470.93 feet, 3. North 45°16'31" West. a di.,aance of 687.64 feet, To the Inte Point or Place of Begtaning; Running ]'hence along the mutherly and easterly side of Lot 1 ~te folio*sing fix-e (511 courses and disumces 1. North 4716'31" West. a distea,ce of 70.00 lieet 2. to a cun~e concave to thc north hasing a tadin~ of 25.00 feet and a central angle of 90:00'00' and being subtended by a chord which bears Noah 89°4Y29'' East 35.36 feet; thance southea.~er[.~, easterly and m)rtheastedy along said curt'e, a distance of 39.27 t'~t. 3. North 44°43'29'' E~st tangent to said cUrt'e, a dL~tance of 48.02 feet;, 4. North 31°11'51" E~st. a distance of 180.38 feet; 5. North 44?30'09" West a distance of 521.60 feet to fit,: high water of the Long lslund Soou~,,~ t,h,,unce on a tic line along ,he high ~mer of The LonglXs~and Sound North 4-3 4-9 49 Em% a distance of 183.14 feet; to t.,h.e lands of L uigi Ban4enchini thence along the lands of Luigi Ba~,denchihi South. 46°26 51" East, a distance qf 629.09 feet to th.: northerly line of Lot .~ tJtenc'e along the northerly lh~e of Lot 3 ~e fol[os~4ng rise (4) courses and distant:es l.Sanflt 67°09'03'. West, a distance of 219.93 2.South 31~11'51' '~.'e$t~ a di.~ance of 177.66 feet: 3.Sou~h 44°43'29" West, a distance of 50.39 t~et to the heginnixug of a curve tangent to said lhte; 4.southwesterly. soufltcrl) and southe~terly a distance of 19.27 £eet along thc curve eonca,'e to fl~e east: having a radius of 25.00 f,a:t and point of cusp and the Point or Place of Beginning. Containing 2.72 ACRES, more or less. Legal Description. LOT 3 A[I that cefl~in plot, piece or parcel of land, situate, l~ng at~d being at Mauimck, of Southol& Counn. of Suffolk sad State of Ne'.,,- Yor~ being bounded and described as follo',x~_: Beeianing at a point the .tbllov. ing four (4) courses and distances from a monuaxent on the-northx4-estefly side of Oregon Ro.~l being referenced to the New York State Plane Coordinate Svsteto by the coordinate value 315,519.42 feet north 1392.354.51 l~et east said ntoaum~nt also being South 64°25'2-~ West 10~683.00 feel from genderic marker "Felix". North 39°22'39' East, a distance of 25.10 t~et northeastcrb ~o.,ng the northwesterly side of Oregon Avenue. to tl, e South Ea.~terly comer of Lot 1_ thence along rite Eastefl) ~ide of Lot North 45~36'11~ West 1370.88 feet North 45°4Yll'' West, a dismeee of 1470.93 fee,- still along Lot I. North 45°16'31" W~s~ a distance of 589.34 feet, To the True Point or Place of Ben=inning; Ruaning thence along Lot I and Lot 2 the following t]~e (5) courses and distances; I.North 45=16'31" Wesu. a distance of 29&30 feet Io the begi~ming of a curve concave to 2.haviug a radius of 25.00 feet and a central angle of 90°00'00'' and being suhtendod by Chord which bears North 00~I6'31" West 35.36 feet; thence anrth~e~erl.v, Northerly a~d northeasterly along said c~rve, a distance of 39.27 feet; 3.Not'th 44~45~9'' East mnge~tt ~o said curve? a distance of 50.39 feet~; 4,Ninth 31 °! I '51" E~st, a distance of 177.66 feet; 5.Nnrfl~ 67°09'03'' Eas~, a di,~ance of 2[9.93 &e~: m the 1~ of [uigi 8~dench~ ~ence along ~e lan& of [aigi Bm~d~ch~ South 46~26~51'' E~ a dis~m~ of 149.39 fee~ to ~e No~ E~st corner of Lot 4 ~d ~ot~ fl~e northerly line ofLo~ 4 ~e follows ~ uvo (2'~ co~s ~d distances I.Sou~ 23~39'45'' West, a distance of 269.99 feet; 2.S0~35°02'18' West, a dismee of 205.45 feet ~o the Point or Pl~e of Beg~ng. Coa~aing 2.S8 ACRES. more or Legal Description. LOT 4 All that certain plot, piece or parcel of land, situate, lying and being at Matthuck, Town of Southold, Cotm~' of S~.~ffolk and Stag of New York, being bounded and described follows: nortI~re.~erly side of Orngoo Road beh~g referenced to the Ne~ York State Plane Coordinate Sy~em by the coordianre value 315.519,42 feet north 1,392,354.51 feet ea~ said monnment 'also being Sottth 64~25-24'' West 10,683.00 f~t lmm geedetie marker "Fell>.". North 39"22'39" East, a dislance of 25.10 t~t nortl~eastedy along the point and place of beginning. Rumfing thence from the said point of beginning along the easterly side of lot I the follov, ing 3 cooties and distances. 1. North 45°36'11" ¢:est. a distance of 1370.88 feet; 2. North 45'43'1 £" Wes't, a distance of 1470.9.1 l;~et; 3. North 45° 16)31' West, a disratmc of 389.34 feet to the. South Westerly corner of Lot 3. l'ficnce 'along the Southerly side of Lot 3 thc lbllowing Txx~) (2) courses and di.-.nances, 1. North 23039'45'' East, a distance of 269.99 feet; 2. North 35*02'18" East: a distance of 205.45 t~eet to the Weslexly line of the Land of Bandencb. ini thence along thc lands of Lui~ei Bandenchini South 46°26'51'' East. a distance of 3371.43 ~.~et to the Noah side of Ox~gon Road. 'll~euce along the Northerly side of Oregon Road thc follovdng m'o 1.2) courses and distances South 46°21'39 a distance of 452.33' and theime South 39"22'39' Wesl 52.29' to the l~im and or place of beginning. Contain/ng 36.27 ACRES: more or l~sa. A E R I A L S 2004 Aerial SCHREIBER Property 6175 Oregon Rd, Cutchogue 32.27 acres development rights easement purchased by Town 4/15/02 2001 Aerial SCHREIBER Property 6175 Oregon Rd, Cutchogue 32.27 acres development rights easement S U R V E Y SUP VF'r' SITUATE: NIATTITUCK TOI/',IN-, SOUTHOLiP SUFFOLK COUNT'r', NY SUP-.VE'T'EEP II IT-qq Ai',dENPEP Il-21 00, 0D-24-01, 0~-04 02 SUPFOLK C, OUNTY TAX ~ I000 - q5 - I - 4 TO: TOP, IN OF SOUTHOLIP COh-I~ON~EALTH LAND TITLE OF PROPF:P-.T'T' INSUt~.ANOE COMPANY FINAL SURVEY ®F~-APHIC SCALD I"= 200' MAR 2 8 2002 DEPf OF PRESERVATION JOHN C. EHI,ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 R1VERHEAD. N.Y. 11901 369-8288 Fax 369-8287 REF.\~tP S ERVER~DkPROS\99-272F.pro