HomeMy WebLinkAboutC .W. Francis & Son Inc1000-19-1-14.10
(f/k/a 1000-19-1-p/o 14.7)
Baseline Documentation
Premises:
32400 Main Road (Rt 25)
Orient, New York
23.132 acres
Development Rights Easement
C. W. FRANCIS & SON, INC.
to
TOWN OF SOUTHOLD
Easement dated March 3, 2009
Recorded March 19, 2009
Suffolk County Clerk - Liber D00012583, Page 378
SCTM #:
Premises:
1000-19-1-14.10
(f/k/a 1000-19-1-p/o 14.7)
32400 Main Rd (Rt 25)
Hamlet:
Orient
Purchase Price:
Funding:
$1,788,720.00
(22.359 buildable acres
$80,000/acre)
Community
Preservation Funds
(2% land bank)
CPF Project Plan:
Yes
Total Parcel Acreage:
Development Rights:
26.482 acres
23.132 easement acres
(includes 0.756 acre DEC
right-of-way and 0.017 acre
wetland excluded from
purchase price)
Reserved Area:
3.350 acres
Zoned:
R-80/R-200
Existing Improvements: In February 2009 -
dirt roads, wetland area, test hole
INTRODUCTION
Location:
Size and Shape:
Soil Condition
And Topography:
Easements and Encroachments:
Utilities:
Ingress and Egress:
Flood Zone:
SITE DESCRIPTION
The subject site is located on the southerly side of Old Main
Road (S.R. 25) approximately 3,221 feet east of Narrow River
Road, Orient, Town of Southold, County of Suffolk, State of
New York. The subject property is further delineated on a
subdivision map titled "80/60 Conservation Subdivision"
prepared for C.W. Francis & son, Inc., and prepared by Nathan
Taft Corwin HI, Land Surveyor, last revised on June 23, 2008
and found on the following page.
That portion of the subject property that is the subject of this
appraisal has land area of 20.444- acres and is a "flag-lot" parcel.
The parcel has approximately 57 feet of frontage on Old Main
Road (S.R. 27). The subject property is split zoned having
approximately 8.45 acres at the northerly portion of the subject
property lying within the R-80 residential zoning district of the
Town of Southold and 12.763 acres at the southerly portion of
the subject property lying within the R-200 residential zoning
district of the Town of Southold. The most southerly portion of
the subject property contains an area of 0.017 acres or 727
square feet of wetlands.
The site is level and covered with crops. Soil conditions are
assumed to adequately support the existing improvement.
Brunswick Appraisal Corp. has not made any test boring and
makes no conclusions as to the soil and subsoil conditions.
No easements of an adverse nature were indicated and none are
assumed to exist, other than normal utility easements.
Utilities are available at the site. Street maintenance, police and
fire protection area are provided by the Town of Southold. Gas
and electric are provided by the Long Island Power Authority.
Currently, access to the site is via Old Main Road (S.R. 27).
The northerly portion of the subject property lies in the X500
flood zone - An area inundated by 0.2% annual chance flooding;
an area inundated by 1% annual chance flooding with average
depths of less than 1 foot or with drainage areas less than 1
square mile; or an area protected by levees from 1% annual
chance flooding. The southerly portion of the property lies in the
AE flood zone - An area inundated by 1% annual chance
flooding according to the flood map # 36103C0069G dated
5/4/1998.
BRUNSWICK APPRAISAL CORP.
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LAND PRESERVATION COMMITTEE MEETING
Minutes of Meeting held
Tuesday, November 27 2007 at 7:00 p.m.
Members Present:
John Sepenoski. Chairman Lillian Ball
Ray Huntington Chris Baiz
Eric Keil
Michelle Zaloom
Members Absent: Monica Harbes
Also present:
Melissa Spire Land Preservation Coordinator
Melanie Doroski. Land Preservation Secretary
Stephen Searl. Peconic Land Trust
Tim Caufield, Peconic Land Trust Vice President (7:14 p.m. - 8:27 p.m.)
Al Krupski, Town Board Liaison (7:42 p.m. - 8:27 p.m,)
Commencement:
". The meeting began at 7:08 p.m. with six LPC members present.
~ to Agenda:
C.W. FRANCIS & SON~ INC. PROPERTY
SCTM #:
Location:
Total Acreage:
1000-19-1-14.7
32400 Rt 25, Orient
26.5 acres {GIS 26.8 acres)
Zoned: R-80/R-200
CPF: Yes
Subdividable: Yes
Reviewed revised Conservation Subdivision layout and PDR application.
Original conservation subdivision proposal, with three lots, submitted to Planning Department did not
meet conservation subdivision requirements and needed rewsions, Planning Board letter to
andowner strongly recommended that the development area on Lot #3 be relocated to an area more
suitable for construction of single family residence. Melissa. Anthony Trezza (Senior Planner) and
Heather Lanza (Planning Director) had a lengthy meeting with landowner and his legal
representation. Landowner strongly opposed the relocation of ~3uilding envelope. LPC reviewed
proposed conservation subdivision. Land Preservation Committee and Planning Board will have a
joint meeting.
MOTION made by Ray Huntington to direct Melissa Spiro to commission an appraisal for a 20.15
acre development rights easement as shown on the Conservation Subdivision Plan last dated
November 19 2007 for a three lot subdivision [2 building lots of the north side of the property and a
building envelope on the south side of the property).
No second.
MOTION made by John Sepenoski, seconded by Lillian Ball, to direct Melissa Spiro to commission an
appraisal for a development rights easement subject to revision of Conservation Subdivision Plan last
dated November 19. 2007 that would result in the relocation of the southerly building envelope to the
north side of the property adjacent to proposed Lot #2, Such revision would result in a viable block of
farmland on the subject parcel and the continuity of the existing preservation adjacent to the subject
property.
Motion carried: 6/0
LAND PRESER~/ATION COMMI:FrEE MEETING
Minutes of Meeting held
Tuesday, July 8, 2008 at 7:00 p.m.
Members Present:
John Sepenoski, Chairman
Ray Huntington
Michelle Zaloom
Eric Keil
Lillian Ball
Members Absent: Chris Baiz Monica Harbes
Also present:
Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Al Krupski, Town Board Liaison (8:29. p.m,)
~(eith Koppelman, Applicant Landowner
Comme~icement:
· The meeting began at 7:10 p.m. with five LPC members present.
· C.W. FRANCIS & SON, iNC. PROPERTY (Orient
SCTM #: 1000-19-1-14.7 Zoned:
Location: 32400 Rt 25, Orient CPF:
Total Acreage: 26.5 acres (GIS 26.8 acres) Subdividable:
R-80/R-200
Yes
Yes
Reviewed re-activated PDR application and revised Conservation Subdivision layout.
Melissa Spiro gave report on updated LPC application. Landowners has moved the location of a
controversial proposed lot to a location suggested by the LPC and Planning Board at a prior meeting.
Since landowner has complied with suggestion, Melissa has been directed to commission an
appraisal on the Francis property (Orient Reserve) for the purchase of a development rights
easement as discussed at a previous LPC meeting.
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INTRODUCTION
AERIAL VIEW
OF SUBJECT PROPERTY
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INTRODUCTION
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PHOTOGRAPH OF SUBJECT PROPERTY
Facing south on 15' right of way
Facing north looking at development rights easement
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iNTRODUCTION 14
Neighborhood Map
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District 1000 Section 19 Block I p/o Lot 14.007
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Phase I
Environmental Site Assessment
Francis Property
1.~0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope &
Voorhis, LLC in order determine if potential environmental or public health concerns are
present. This report is intended to identify Recognized Environmental Conditions (as defined in
ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target
Protocol) on the subject property based on the four (4) basic components of a Full Phase I
Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and
evaluation and reporting.
The subject property lies in the Hamlet of Orient, Town of Southold, County of Suffolk, New
York. The subject property consists of approximately 23 acres of an overall 26.5-acre parcel
located at 32400 CR 25. The property is more particularly described as Suffolk County Tax Map
Nos. t 000-019-01-p/o14.7. ~
The subject property consists of vacant farmland and a small area of brush located at the southern
propen'y boundary. No evidence of irrigation wells, spills or former structures were observed
during the site reconnaissance.
No Sanborn map coverage exists for the area of the subject property. Aerial photographs from
1938, 1954, 1961, 1976, 1980, 1994 and 2006 were reviewed in order to determine if any prior
uses occupied the subject property. The subject property consisted of farmland in all of the aerial
photographs.
An extensive government records search found no potential sources of environmental
degradation on the subject property or surrounding areas. Several Federal, State and County
documented regulated sites were noted in the vicinity of the subject property. Specifically, two
(2) closed spill incidents were identified within one-half (0.5) mile of the subject property.
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
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Francis Property,-~ne~t
NP&V #08279
I
Lookir
Lookim south over the fallow farm lield.
Looking northeast l'rom southwest corner of property, Southern end of su[2iect property.
F%GURE 1
LOCAT%ON MAP
Source: DeLorme Street Atlas
Scale: NTS
NORTH
Francis Property,
Orient
Phase I ESA
F~GURE 2
AERTAL PHOTOGRAPH
Francis property,
Orient
Source: NYSGIS Orthoi~nagel~ Program, 2007
Scale: 1":300' Phase I ESA
F~GURE 3
LAND USE MAP
Francis Property,
Orient
Phase ! ESA
FI'GURE 4
ZONZNG MAP
Rill
Source: Town of Southold Zoning Map
Scale: 1"= l,O00'
NORTH
AC Agricultural Conservation
R-40 Residential L°w Dens_~r~y.. AA
R-80 Residential Low Density A
R-120 ReSidenti~¥ ~ 'o~'~
R-2~0 Reside~al Low D~
HD Hamlet D~ity Residential
AHD Affordable Housing District
HB Hamlet BuSiness
:[~ ~ed BUsies
MI Mari~ I
Mil Marine II
LI Light I~us~al
Francis Property,
Orient
Phase 1' ESA
I~scription
FIGURE 5
SOZLS MAP
Francis Property,
Orient
NORTH
Source: Suffolk County Soil Survey 1
Scale: l" = 800'
Phase t' ESA
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Eagle
Pt
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Eagles Neck
Pt
FIGURE 6
TOPOGRAPHIC MAP
Source: USGS Topographic Quadrangle,
Orim~t & Southoid
Scale: 1" = 800'
NORTH
+
Francis Property,
Orient
Phase I ESA
S8844.1
7,1~
S8843,;
FTGURE 7
WATER TABLE CONTOUR MAP
Source: USGS Provisional Water Resources NORTII
Investigations Report +
Scale: 1" = 8,000'
FrancEs Property,
Orient
Phase I ESA
FZGURE 8 Francis Property,
WATER MAZN MAP Orient
Source: SCWA Dislribution Map 2007 NORTH
Scale:
NTS
'~ Phase I ESA
i I
FIGURE 9
FRESHWATER WETLANDS MAP
Source: NYSDEC Freshwater Wetlands Map, NORTH
Orient +
Scale: 1" = 800'
Francis Property,
Orient
Phase I ESA
P~$]~
3
EZ..,U62P
EagleS Nec
Pt
<, ~ . , s
, tCE].A (, H BA 'K ~v
FIGURE 10
NATIONAL INVENTORY WETLANDS MAP Francis Orient Property,
Source: National Wetlands Inventory Map, NORTH
Orient +
Scale: I"= 800' Phase I ESA
FI'GURE 11
TI*DAL WETLANDS MAP
Source: NYSDEC Tidal Wetlands Map,
728-556 & 728-558
Scale: 1" = 400*
Francis Property,
Orient
NORTH
Phase ! ESA
FIGURE 12
FLOOD MAP
Source: FEMA Suflblk County Preliminary
Flood Map Panel 69H
Scale: 1' = 500'
NORTH
+
Francis Property,
Orient
Phase ! ESA
OVERVIEW MAP - 2390908.2s
Target Property
~- Sites at elevations higher than
or equal to the target property
· , Sites at elevations lower than
the target property
· Manufactured Gas Plants
] National Priority List Sites
Dept. Defense Sites
it2
Indian Reservations BIA
Oil & Gas pipelines
100-ye&r flood zone
500-year flood zone
NationAl Wetland inventory
State Wetlands
This report includes Interactive Map Layers tc
display and/or hide map intnrma~ion. The
legend includes only those icons for
default map view.
SITE NAME: Francis Property
32400 Route 25
ADDRESS:
Orient NY 11957
LAT/LONG: 41.1470/72,2673
CLIENT: Nelson, Pope & Voorhis LLC
CONTACT: Marissa DaBreo
INQUIRY#: 2390908.2s
DATE: December 30, 2008 10:43 am
DETAIL MAP - 2390908.2s
Target Property
Sites at elevations higher than
or equal to the target property
Sites at elevations lower than
the target preperty
Manufactured Gas Plants
Sensitive Receptors
National Priority List Sites
Dept. Defense Sites
L:~J Indian Reservations
; ~; Oil & Gas pipelines
~ lO0-year flood zone
] 500-year tlood zone
] NationaIWetland Inventory
] State Wetlands
This repod includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those Icons for the
defaull map view.
SITE NAME: Francis Property CLIENT: Nelson, Pope & Voorhis LLC
ADDRESS: 32400 Route25 CONTACT: Marissa DaBreo
Orient NY 11957 INQUIRY #: 2390908.2s
LAT/LONG: 41.1470 / 72.2673 DATE: December 30, 2008 10:43 am
SSURGO SOIL MAP - 2390908.2s
,", SSURGO Soil
SITE NAME: Francis Property CLIENT: Nelson, Pope & Voorhis LLC
ADDRESS: 32400 Route25 CONTACT: Marissa DaBreo
Orient NY 11957 INQUIRY #: 2390908.2s
LAT/LONG: 41.1470 / 72.2673 DATE: December 30, 2008 10:43 am
PHYSICAL SETTING SOURCE MAP - 2390908.2s
Major Roads
~ Groundwate¢ Flow Direction
Airports 0~ Indeterminate Groundwater FIowat Location
~ Groundwater Flow Varies at Location
(~ Closest Hydrogeological Data
Water Wells
· Oil, gas or related wells
Public Water Supply Wells
Cluster of Multiple Icons
SITE NAME: Francis Property CLIENT: Nelson, Pope & Voorhis LLC
ADDRESS: 32400 Route 25 CONTACT: Marissa DaBreo
Orient NY 11957 INQUIRY#: 2390908.2s
LAT/LONG: 41.1470 / 72.2673 DATE: December 30, 2008 10:43 am
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Southold Town Board - Letter Board Meeting of December 16, 2008
RESOLUTION 2008-1091
ADOPTED
Item # 5.36
DOC ID: 4524
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1091 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 16, 2008:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday~ January. 6~ 2009~ at 4:35 p.m, Southold Town Hail~ 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by C.W. Francis & Son~ Inc. Said property
is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property
is locater! in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from
the intersection of Old North Road and NYS Route 25 in Orient, New York. The proposed
acquisition is for a development rights easement on a part of the property, consisting of
approximately 23.0± acres (subject to survey) of the 26.48± acre parcel.'
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand
dollars) per buildable acre for the 23.0± acre easement plus acquisition costs. The easement will
be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, Blew York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated December 22, 2008 Page 48
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesda¥~ January. 6~ 2009~ at
4:35 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time
and place for a publle hearing for the purchase of a development rights easement on
property owned by C.W. Francis & Son~ Inc. Said property is identified as part of
SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in
the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the
intersection of Old North Road and NYS Route 25 in Orient, New York. The proposed
acquisition is for a development rights easement on a part of the property consisting of
approximately 23.0-~ acres (subject to survey) of the 26.48:~ acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The purchase price is $80,000
(eighty thousand dollars) per buildable acre for the 23.0--~: acre easemem plus acquisition
costs. The easement will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Departmem, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: December 16, 2008
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON December 24, 2008 AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Land Preservation Comptroller Town Clerk's Bulletin Board
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 6, 2009
4:35 PM
Present:
Supervisor Scott Russell
Justice Louisa Evans
Councilman Thomas Wickham
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Assistant Town Attorney Kieran Corcoran
Town Clerk Elizabeth Neville
Thig hearing was opened at 5:03 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN tl~t pursuant to the
provisions of Chapter 17 (Commumty Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday, Janua~ 6, 2009, at 4:35 p.m, Southold Town Hail, 53095 Main Road,
Southold, New York as the time and place for a public hearing for the purchase of a
development rights easement on property, owned by C.W. Francis & Son, Inc. Said
property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25
and the prop.erty is located in the R-80/R-200 zoning districts and is approximately 300
feet southwesterly from the intersection of Old North Road and NYS Ronte 25 in Orient,
New York. The proposed acquisition is for a development rights easemem on a part of
the property consisting of approximately 23.0-~= acres (subject to survey) of the 26.48+
acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The purchase price is $80,000
(eighty thousand dollars) per buildable acre for the 23.(B= acre easement plus acquisition
costs. The easement will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value: and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Francis DRE Public Hearing 2
January 6, 2009
I have a notice that it has appeared as a legal in the Suffolk Times newspaper, it has
appeared on the Town Clerk's bulletin board outside and I have a notice here from Mark
Terry, the LWRP coordinator, which says in short, towards the end of his memo 'it is my
recommendation is consistent with the policy standards and therefore is consistent with
LWRP for the Town.' And I don't have any further notices in the file.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town
Board on this particular acquisition. I see a member of our Land Preservation
Commission here.
RAY HUNTINGTON: This is a property that was discussed and examined by the Land
Preservation Committee. It was discussed in great detail and we have arrived at
recommendations for the Board and the, it is now ready for action. I could go into further
but I think that is really the bottom line, that it was discussed; the pros and cons and we
came to a conclusion which was recommend it.
SUPERVISOR RUSSELL: Thank you, Ray. Ray, can we ask you to do it again and do
it with feeling this time? Lillian.
LILLIAN BALL: That is my department. I just wanted to say that this is a really
important piece because you can see it, Lillian Ball, Southold Tog~n. Also a member of
the Land Preservation Committee. You can see that property from the Orient Point park
and we gave this a lot attention, we actually even worked with the Planning Board on
trying to figure out on'how we could make this piece be not offensive in the view point'
area and we really did support the Town Board buying it. So hopefully, it will go
through. Thanks.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and
address the Town Board on this proposed acquisition? (No response) Heating none, let's
close the hearing.
This hearing was closed at 5:06 PM
Elizabeth A. Neville
Southold Town Clerk
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Southold Town Board - Lgtter Board Meeting of January 6, 2009
RESOLUTION 2009-85
ADOPTED
Item/t 5.27
DOC ID: 4566
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-85 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 6, 2009:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on a certain parcel of property owned by C. W. Francis & Son, Inc. pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands)
of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-19.-1-
14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning
districts and is approximately 300 feet southwesterly from the intersection of Old North Road
and NYS Route 25, in Orient, New York. The proposed acquisition is for a development rights
easement 'on a part of the property consisting of approximately 23.04- acres (subject to survey) of
the 26.484- acre parcel. The exact area of the acquisition is subject to a Town-provided survey
acceptable to the Land Preservation Committee and the property owne~The purchase price for
the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now,
therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds 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
RESULT: ADOPTED [UNANIHOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Krupski .lr., Wickham, Evans, Russell
Generated January 12, 2009 Page 36
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
3. PROJECT LOCATION:
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map)
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLy:
7. AMOUNT OF LA,ID AFFECTED:
Initially '97 '~-- am'es Ultimately'~--,~'-*~'~' acres
B. V~LL PRO.OSED AC~O. COMPLY WTH EX,S~,.G ZO.,NG OR OTHER ~X,ST,.G LA.D USE RESTR,CT,O.S?
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
~l~Residential [] Industrial [] Commercial
Describe:
~l~griculture ~J=ark/Forest/Open Space [] Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEOERAL, STATE ot~ LOCAL)?
[] Yes [] No If Yes, list agency(s) name and permil/approvals:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? LJ Yes [] No If Yes. list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-]Yes ~No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsorname: ~P..,\'xS~.a. ~"~,~0~ L~t..~."~¢~t'~_~-~.,~,m~ L~'C~I~.. Date: /,2.,//~,~O,~;:)
I If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment I
OVER
1
PART II - IMPACT ASSESSMENT {To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, ceordinate the review process and use the FULL EAF.
[~Yes ~--]No
B. W1LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may tie superseded by another involved agency.
~--~ Yes {~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air qual;~y, surface or groundwater quality or quantity, noise levels, existing traffic pettem, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archeeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A cemmunity's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefiy:
C6. Long term, short term, cumulative, or other effects not identified in CI-C57 Explain briefly:
C7, Other intpacts (thc~uding changes in use of either quantity or [3~e of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes [~No If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes ~J No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstan~a~'~arge~imp~rtant~r~then~fsesigni~cant~ Each
effect should be assessed in connection with its la) setting (i.e. urban or rural); lb) probability of occurring; lc) duration; (d) irreversibitity; (e)
geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been ident'n3ed and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteHstics of the CEA
] checkthisb~xify~uhaveidentified~ne~rm~rep~tenfla~~y~arge~rsigni~cantadverseimpactswhichMAY~ccur~ ThenproceeddirecfiytotheFUL[
EAF and/or prepare a positive declaration.
~ Cbeck this box if you have determined, based on the information aed analysis above aed any Suppocting doo. Jme~tation, that the propos'~:l action WILl
NOT result in any significant adverse environmental impacts AND provide, on attacflments as necessaPj, the reasons supporting this determination
- - Name of Lead Agency
Dale
Title of Responsible Officer
S~rer ~f~om responsible offim0
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Southold Town Board - Letter Board Meeting of January 6, 2009
RESOLUTION 2009~86
ADOPTED
Item # 5.28
DOC !D: 4567
THIS IS 'FO CERTIFY TItAT THE FOLLOWING RESOLUTION NO. 2009-86 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 6, 2009:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by C. W.
Francis & Son, Inc. on the 6th day of January, 2009, pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as. pan of SCTM #1000-19.-1-14.7. The address is
32400 Route 25 and the property is located in the R-80/R-200 zoning .districts and is
approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route
25 in Orient, New YorJ~; and
WHEREAS, the development rights easement comprises a part of the property consisting of
approximately 23.0± acres (subject to survey) of th6 26.48± acre parcel. The exact area of the
development rights easement is subject to a survey acceptable to the Land Preservation
Committee and the property owner; and
WHEREAS, the purchase price for the easement is $80,000 (eighty thousand dollars) per
buildable acre plus acquisition costs. The easement will be acquired using Community
Preservation Funds; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP)
and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
Generated January 12, 2009 Page 37
Southold Town Board - Letter Board Meeting of January 6, 2009
purchase the development rights on this agricultural land; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by C. W. Francis & Son, Inc. pursuant
to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of
SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-
80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of
Old North Road and NYS Route 25 in Orient, New York. The development rights easement
comprises a part of the property consisting of approximately 23.0± acres (subject to survey) of
the 26.48± acre parcel. The exact area of the development rights easement is subject to a survey
acceptable to the Land Preservation Committee and the property owner. The purchase price for
the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The
easement will be acquired using Community Preservation Funds. Town funding for this purchase
is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The
propose~ action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of
the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board
has determined that this action is consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated January 12, 2009 Page 38
O~'~ICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1988
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
To:
From:
Date:
Town of Southold Town Board
Mark Terry, Principal Planner ~
LWRP Coordinator
January 6, 2009
JAN -6 2009
DEPT. OF LAND
PR[SERV,'~I~ON
Re:
Purchase of a development rights easement on property own~i by C.W. Francis &
Son.
Location: The address is 32400 Route 25 and the property is located in the R-80/R-200
zoning districts and is approximately 300 feet southwesterly from the imersection of Old
North Road and NYS Route 25 in Orient, New York.
SCTM #1000-19.- 1-14.7 Zoning District R-80/R-200
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 23.0-k acres (subject to survey) of the 26.48+ acre parcel.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department as well as the records, available to me, it is my recommendation that
the proposed action is CONSISTENT with the Policy Standards and therefore is
CONSISTENT with the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
Cc:
Patricia Finnegan, Town Attorney
Melissa Spiro, Land Preservation Coordinator
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CLOSING STATEMENT
C.W. FRANCIS & SON, INC.
to TOWN OF SOUTHOLD
Total Development Rights Easement- 23.132 acres
Total Parcel Acreage - 26.482 acres
Reserved Area - 3.360 acres
DEC Right of Way - 0.756 acre
Wetland Area - 0.017 acre
Premises: 32400 Route 25, Orient
Part of SCTM #1000-19-1-14.7
Closing took place on Tuesday, March 3, 2008
at 11:00 a.m., Southold Town Hall Annex
Purchase Price of $1,788,720.00 (based upon 22.359 buildable acres
$80,000/buildable acre) disbursed as follows:
Payable to C. W. Francis & Son, Inc.
Check ~99980 (3~3~09)
$ 1,788,720.00
Expenses of Closing:
Appraisal
Payable to Brunswick Appraisal Corp.
Check #97544 (9/9108)
$ 3,000.00
Survey
Payable to Nathan Taf~ Corwin III Land Surveyor
Check #99665 (213109)
$ 2,400.00
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC
Check #99869 (213109)
$ 1,000.00
Title Report
Payable to Stewart Title Insurance Company
Check ~99982 (3~3~09)
Title insurance policy $ 7395.00
Recording easement & $ 325.00
certified copy
Recording C&R's $ 175.00
$ 7,895.00
Title ClOser Attendance Fee
Payable to Patricia Fallon
Check #99981 (3~3~09)
$ 100.00
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
William Trinkle
Juan Granados
David Dubin, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller
Partner
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
TOWN OF SOUTHOLD
VENDOR 002997 C.W. FRANCIS & SON, INC. 03/03/2009 CHECK 99980
FUND & ACCOUNT ~ ~ P.O. # INVOICE i' DESCRIPTION AMOUNT
H2 .8686.2.000.090
TBR86 0~0309
DEV RIGHTS-22.35 ACRES 1,788,720.00
TOTAL -1,788,720.00
4
BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
44 Elm Street, Suitc 7
HUNTINGTON, NEW YORK 11743
(631} 421 ~2344
FAX (631) 424-9246
E-Mail: Brunswickappraisalcorp~MSN.com
Snnford 5. Brunswick
Elinor Brunswick, MAI
State Ceaified General Apprmsers
August 20, 2008
Am,and Bmns~ic~ MA1
1881-1960
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Mclissa A. Spiro, Land Preservation Coordinator
C.W. Francis & Son, Inc. Property
Development Rights Easement Acquisition
Tax Map #: 1000-19-1-14.?
Location:~ ..... -.' - _ ." " .
37.000
INVOICE# 10004)7
Real Estate Appraisal
$3,000
GL108S 20 ' TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 005409 ELINOR BRUNSWICK, M
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
3/11/2008 3/11/2008 H3 .600
5/06/2008 5/06/2008 H3 .600.
~ 9/09/2008 9/09/2008 H3 .600
9/23/2008 9/23/2008 H3 .600
· 12/16/2008 12/16/2008 H3 .600
.1/20/2009 1/20/2009 H3 .600
.. 2/24/2009 2/24/2009 H3 .600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-09092008-589 Line: 73 Formula: 0 :
: Account.. H3 .600~ :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 9/09/2008 SDT 9/08/08
': Trx Amount... 3,000..00
: Description.. AP~RAISALvFRANCIS
: Vendor Code.. 005409
: Vendor Name.. ELINOR BRUNSWICK, MAI
: Alt Vnd..
: CHECK ........ 97544 SCNB
: Invoice Code. 1000-07
: VOUCHER ......
: P.O. Code .... 18892
: Project Code.
: Final Payment F Liquid.
: T~pe of 1099. N BOX. Addl.
: Fixed Asset.. Y
: Date Released 9/09/2008
: Date Cleared. 9/30/2008
: F3=Exit F12=Cancel
:
NATHAN TAFT CORWIN III LAND SURVEYOR, P.C.
~1~22 ROANOKE AVE.
~l~.O. BOX 1931
RIVERHEAD, NY 11901
Phone # 631-72%2090
Fax# 631-727-1727
Invoice
Date Invoice
1/21/2009 2293
Bill To
Town of Southold
P.O. Box 1179
Southold, New York 11971
Att: M¢lanie
Job # Client: Terms
29-001
C.W. Francis and Son, Inc.
Description
Update survey (32400 Route 25, Orient - PC~ 19282)
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 013975 NATHAN'T CORWIN IIi
Y=Select
- JE Date Trx. Date Fund Account
30 DAYS
S.C. Tax Lot No.
1000-19-01-14.7
Amount.
2,400.00
............................. Begi
10/09/2007 10/09/2007 H3 .600
2/03/2009 2/03/2009 S3 .600
.Disburs Inquir~ by Vendor Name
.............. Detail-~GL100N ..............
: W-02032009-944 Line: 228 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
F2=Shift Up F3=Exit F10=Prev View
Select Record[s) or Use Action Code
Trx Date. ....
Trx Amount...
Description..
Vendor Code..
Vendor Name..
Alt Vnd..
CHECK ........
Invoice Code.
VOUCHER ......
P.O. Code ....
Project Code.
2/03/2009 SDT 2/02/09 :
2,400.00 :
BOUNDARY SURVEY-FRANCIS :
013975 :
NATHAN T CORWIN III :
99665 SCNB
2293
19282
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 2/03/2009
: Date Cleared. :
: F3=Exit F12=Cancel :
: :
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: $31-427-5665
Melville lqY 11747 Fax: 631-427-5620
Invoice
Property: 08279 Project:
Francis Property, Orient
Manager: McGinn, Steven
VA02782
To:
Town of Southold Deot of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melissa A Spiro
Invoice #: 6381
Invoice Date: January 20, 2009
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS
f
Contract dated December 19, 2008 - Item #1:
Prepare Phase I Environmental Site Assessment
Work Performed thru 1/5/09
Invoice Amount
$1,000.00
Conlract Amount:
Percent Complete:
Fcc Earned:
Prior Fcc Billings:
Current Fee To't~l:
$1,000.00
100.00°,4
$1,000.00
$0.00
$1,000.00
*** Total Project Invoice Amount
$1,000.'00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 014161 NELSON, POPE & VOOR
Y=Select
JE Date Trx. Date Fund Account
......................... Use Acti
10/21/2008 10/21/2008 B .600
.. 11/05/2008 11/05/2000 B .600
· 12/02/2008 12/02/2008 H3 .600
. , 1/06/2009 1/06/2009 B .600
:. 1/06/2009 1/06/2009 E .600
.. 1/06/2009 /06/2009 S .600
.. 2/03/2009 2/03/2009 H3 .600
2/03/2009 2/03/2009 B .600
~ 2/03/2009 2/03/2009 H3 .600
F2=Shift Up F3=Exit F10=Prev View
Select.Record[s) or Use Action Code
Disburs Inquir~ by Vendor Name
.............. Detail--GL100N ..............
: W-02032009-944 Line: 234 Formula: 0
: Account.. H3 .600
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 2/03/2009 SDT 2/02/09
: Trx Amount... 1,000.00
: Description.. ESA-FRANCIS PROPERTY
: Vendor Code.. 014161
: Vendor Name.. NELSON, POPE & VOORHIS,
: Alt Vnd..
: CHECK ........ 99669 SCNB
: Invoice Code. 6381
: VOUCHER ......
: P.O. Code .... 19283
: Project Code.
: Final Payment F Liquid.
: Type of 1099. M BOX. 07 Add1.
: Fixed Asset.. Y
: Date Released 2/03/2009
: Date Cleared.
: F3=Exit F12=Cancel
STEWART TITLE INSURANCE COMPANY
707 Westchester Avenue, Suite 411, Wh/te Plains, New York 10604
Phone: 800-433-4698 or 914-993-9393 Fax: 914-997-1698
FEE INSURANCE COVERAGE PREMIUM
FAIR MARKET VALUE RIDER PREMIUM
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Arbitration
Residential
Ad]ustalde Rate Rider
NEW YORK STATE TRANSFER/MANSION TAX
MORTGAGE TAX (Mor~agee)
MORTGAGE TAX (Mortgagor)
SURVEY INSPECTION
DEPARTMENTAL SEARCHES
STREET REPORT
ESCROW DEPOSIT
ESCROW DEPOSIT FEE
I~ANKRUPTCY SEARCH
( ) SATISFACTION(S)
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDAVIT(S)
( ) ASSlGNMrNT(S)
TOTAL CHARGES
· CLOSER CHARGES, IF ANY: PICK-UP FEE
OTHER:
PATRICIA L. FALLON
Title Closer
TOWN OF SOUTHOLD
VENDOR 019624 STEWART TITLE INSUP3%NCE CO. 03/03/2009 CHECK 99982
FUND & AC'COUNT P.O. ~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR86 ST08-02718
H2 .8686.2.000.000 TBR86 ST08-02718
H2 .8686.2.000.000 TBR86 ST08-02718
T~TLE POLICY-CW FRANCIS 7,395.00
REC/CERT COPY-FRANCIS 325.00
REC C & R 'S 175.00
TOTAL 7,895.00
TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 03/03/2009 CHECK 99981
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR86 ST08-2718 TITLE CLOSER-FRANCIS 100.00
TOTAL 100.00
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Ty~e of Instrument: EASEMENT
~m~er of Pages: 20
Receipt ~er : 09-0029588
TRANS~R TAX NUMBER: 08-17769
District:
1000
~eedAmount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
019.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$1,788,720.00
03/19/2009
03:13:26 PM
D00012583
378
Lot:
014.010
Received the Following Fees For Above Instrument
Exempt
Page/Filing $100.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $25.00 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER: 08-17769
THIS PAGE
IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$20.00
$15.00
$0.00
$30.00
$0.00
$2O0.00
Exempt
NO
NO
NO
NO
NO
Judith A. Pascale
County Clerk, Suffolk County
t
Number of pages
This document will be public
record. Please remove oil
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp [ Recording / Filing Stamps
FEES
,I
Page / Filing Fee /~__
Handling ~ ~ 00
TP-584 _~')'
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A. ,St0. ~
Comm. of Ed. 5. 00
NYS Surcharge 15. 00
Other
Suh To,1 14,57 -
4 [Dist./Zr~I se, 09005661
Real Proper~y ~
Tax Service
Agency
Verification
6
1000 01900 0100 014010
Satisfactions/Discharges/Releases List Property Owners Mailing
RECORD & RETURN TO:
~,O. Bo~ 117g
~'~gT~L~ , ,g g /Iq'//
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. s uffolkcou ntyny, gov/cler k
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual Count'
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
~age # of this instrument.
Commllni~r Preservation Fund
Consideration Amount
CPF Tax Due $
Improved
Vacant Laud
It')
7 ] Title Company Information
Co. Name ~Z'~'~gA~ 7-
8
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~M~' 0~- ~ ~l/~.L~,~ff~z~f~ AO/&6tZ~ ~ ~de by:
(SPEC~ ~E OF ~S~UMENT)
~ . ~ ~ ~/~ ~ ~ ~ /MC, ~e premises here~ is situat~ in
SU~OLK CO~Y, ~W YORK.
~ ~ ~ OF ~U~ In ~e VmLAGE
or HAMLET of ~g~T
BOXES 6 T~U 8 MUST BE ~ED OR PROD ~ BLACK ~K O~Y P~OR ~ ~CO~G OR F~G.
~. ol oo
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the 3ra day of March, 2009 at Southold, New York. The parties are
C.W. Francis & Son, Inc., with offices at 305 First Street, SW, Suite
700, Roanoke, Virginia 24011, c/o William F. Trinkle, President
(herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal
corporation, having its principal office at 53095 Main Road, P.O. Box
1179, Southold, New York 11971 (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real
property located in the Town of Southold, Suffolk County, New York,
identified as part of SCTM #1000-19-1-14.7 more fully described in
SCHEDULE "A" attached hereto and made a part hereof and
hereinafter referred to as the "Property" and shown on the survey
dated August 23, 2005 and last revised February 12, 2009 prepared
by Nathan Taft Corwin Iii Land Surveyor (a reduced copy of which is
attached hereto and made a part hereof and hereinafter referred to as
the "Survey"; and
WHEREAS, the Proper~y is located in the R-80 and R-200 Zoning
Districts of the Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and
Class II worthy of conservation as identified by the United States
Department of Agriculture Soil Conservation Service's Soil Survey of
Suffolk County, New York; and
WHEREAS, the Property is part of the New York State
Agricultural District #:L, and the Grantor wishes to continue using the
Property for agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for row crops; and
WHEREAS, it is the policy of the Town of Southold (the "Town"),
as articulated in the Town's Master Plan of 1973, amended in 1986 and
1989 as adopted by the Town Board, Town of Southold, and §272-a of
the New York Town Law ("Town Law") to protect environmentally
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any development;
and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor
and Grantee have, in common, the purpose and objective of protecting
and conserving the present state and inherent, tangible and intangible
values of the Property as an aesthetic, natural, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantor, for itself and its successors and
assigns, to grant a Development Rights Easement to Grantee in order
to restrict the further development of the Property while permitting
compatible uses thereof;
NOW THEREFORE, in consideration of One Million Seven Hundred
Eighty-Eight Thousand Seven Hundred Twenty Dollars
($1,788,720.00) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor
does hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon
and shall restrict the premises shown and designated as the Property
herein, more particularly bounded and described on Schedule "A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restriction hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees
as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is
the owner of the Property described in Schedule "A", free of any
mortgages or liens.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York and is authorized under §64 of Town Law and §247
of the New York .State General Municipal Law ("General Municipal
Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This instrument is intended to convey a
Development Rights Easement on the Property by Grantor to Grantee,
exclusively for the purpose of preserving its character in perpetuity for
its environmental, scenic, agricultural and natural values by preventing
the use or development of the Property for any purpose or in any
manner contrary to the provisions hereof, in furtherance of federal,
New York State and local conservation policies.
0.04 Governmental Recoonition
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in identifying
and documenting the Property's agricultural values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and
activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared, with Grantor's cooperation, an
inventory of the Property's relevant features and conditions (the
"Baseline Documentation"). This Baseline Documentation includes, but
need not be limited to, a survey prepared by Nathan Taft Corwin III
Land Surveyor dated August 23, 2005 and last revised February 13,
2009, an aerial photograph of the Property dated ,
photographs of the Property taken in March, 2009 and maps, all on file
with the Town Land Preservation Department.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the
Grantor's uses of the Property or its physical condition as of the date
hereof, the parties shall not be foreclosed from utilizing any other
relevant or material documents, surveys, reports, photographs or
other evidence to assist in the resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest
and right to prohibit or restrict the use of the Property for uses or
purposes consistent with the terms of this Easement, including
agricultural production as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") and
including the production of crops, livestock and livestock products as
defined in §301(2)(a)-(j) of the New York State Agriculture and
Markets Law ("Agriculture and Markets Law"), now or as such Laws
and/or Code may be amended. No future restrictions in said laws
and/or Code or limitation in the definitions set forth in said laws and/or Code
shall preclude a use that is permitted under the current law and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Riding Academy" shall mean a business use of a lot for any of
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, including
walkways. Structures shall not include trellis, fences, posts and wiring,
farm roads or farm irrigation systems, nursery mats, or fencing used
in connection with bonafide agricultural production, including without
limitation fencing to keep out predator animals, including deer.
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property
in perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal
interest in the Property, and shall extend to and be binding upon
Grantor, Grantor's agents, tenants, occupants, heirs, personal
representatives, successors and assigns, and all other individuals and
entities. The word "Grantor" when used herein shall include all of
those persons or entities. Any rights, obligations, and interests herein
granted to Grantor and/or Grantee shall also be deemed granted to
each and every one of its subsequent agents, successors, and assigns,
and the word "Grantor" or "Grantee" when used herein shall include all
of those persons or entities.
ARTICLE TWO
SALE
GRANTORS, for One Million Seven Hundred Eighty-Eight
Thousand Seven Hundred Twenty Dollars ($1,788,720.00) and
such other good and valuable consideration, hereby grant, release,
and convey to Grantee this Easement, in perpetuity, together with all
rights to enforce it. Grantee hereby accepts this Easement in
perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
3.01 Structures
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mininq
The excavating or filling of the Property, except as may be
necessary to construct and maintain permitted structures and
improvements on the Property or in connection with necessary
drainage or soil conservation programs, shall be prohibited, without
the prior written consent of Grantee. Mineral exploitation, and
extraction by any method, surface or subsurface, is prohibited. The
removal of topsoil, sand, or other materials shall not take place, nor
shall the topography of the Property be changed, except to construct
and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, or
in connection with normal agricultural/horticultural activities, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town
Law §§265, 276 or 277 or § 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law.
"Subdivision" shall include the division of the portion of the Property
from which the development rights are acquired into two or more
parcels, in whole or in part. Notwithstanding this provision, upon the
death of Grantor, the underlying fee interest may be divided by
conveyance of parts thereof to Grantor's executor, trustee, heirs or
next of kin by will or operation of law.
3.04 DumDina
The dumping or accumulation of unsightly or offensive materials
i.ncluding, but not limited to trash, garbage, sawdust, ashes or
chemical waste on the Property shall be prohibited. This prohibition
shall exclude materials used in the normal course of sound agricultural
practices, including fertilization, composting and crop removal.
3.05 Siqns
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
significantly diminish the scenic character of the Property and only for
any of the following purposes: (a) to state the name of the Property
and the names and addresses of the occupants and the character of
the business conducted thereon, (b) to temporarily advertise the
Property or any portion thereof for sale or rent, (c) to post the
Property to control unauthorized entry or use, or (d) with the consent
of the Grantor, to announce Grantee's easement. Signs are subject to
regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines,
wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. The
Property may not be used for the creation or placement of utilities to
service any other properties.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use
of the Property or structures on it for any residential, commercial or
industrial uses, permanent or temporary, including but not limited to a
riding academy, shall be prohibited. For the purposes of this section,
agricultural production, as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code, and including the production of crops, livestock and livestock
products as defined in Section 301(2)(a)-(j) of the Agriculture and
Markets Law, now or as such Laws and/or Code may be amended,
shall not be considered a commercial use. Uses, improvements and
activities permitted by the Town Code now or in the future on
agricultural lands protected by a development rights easement or
other instrument, including but not limited to farm stands if they are
permitted in the future, shall not be considered a commercial use.
No improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices.
3.09 Drainage
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
sump shall be prohibited, except in accordance with sound agricultural
management practices and in order to control flooding or soil erosion
on the Property.
3.10 Development Riqhts
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to construct,
maintain and replace any p~'e-existing structures, and to construct new
structures, as such rights may be provided in Section 4.06 or
elsewhere in this Easement, and the parties agree that any other such
development rights shall be terminated and extinguished and may not
be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of AR'I~CLE THREE, Grantor shall retain
all other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession
of the Property.
4.03 Use
Grantor shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
Easement as well as applicable local, State, or federal law. Grantor
shall have the right to use the Property for uses, improvements and
activities permitted by the Town Code, now or in the future, on
agricultural lands protected by a development rights easement or
other instrument, including but not limited to farm stands if they are
permitted in the future.
4.04 Landscapinq Activities
Grantor shall have the right to continue the current and/or
customary modes of landscaping, pruning and grounds maintenance
on the Property as evidenced by the documentation set forth in
Section 0.05. Grantor shall have the right to remove or restore trees,
shrubs, or other vegetation when dead, diseased, decayed or damaged
or interfering with agricultural production, to thin and prune trees to
maintain or improve the appearance of the Property, and to mow the
Property.
4.05 Aqricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in {}247 of the General Municipal
Law and/or defined in Chapter 70 of the Town Code, and including the
production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the Agriculture and Markets Law, now or as such
Laws and/or Code may be amended. No future restrictions in said laws
and/or Code or limitation in the definitions set forth in said laws and/or
Code shall preclude a use that is permitted under the current Law
and/or CoUe.
Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code or any successor chapter, structures
shall be prohibited except as set forth in §4.06 herein and as
permitted by the Town Code now or in the future on agricultural lands
protected by a development rights easement or other instrument,
including but not limited to farm stands if they are permitted in the
future.
4.06 Structures and Improvements
A. Allowable improvements. Grantor shall have the right to
erect and maintain the following structures and improvements on the
Property, as they may be permitted by the Town Code now or as same
may be amended and subject to the approval of the Land Preservation
Committee, provided the structures are consistent with and do not
derogate from or defeat the Purpose of this Easement or other
applicable laws:
(i) Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(ii)
Construction of new structures, provided such
structures are necessary for or accessory to
agricultural production; any new construction as
permitted by this 4.06 shall only be located in the
area zoned R-80 as of the date of this Easement and
shown on the Survey, and further described in the
metes and bounds description entitled "Agricultural
Structure Area" attached hereto and made a part
hereof; lot coverage within this Agricultural Structure
Area shall not exceed 2% of the Property;
(iii)
Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant
to this Section 4.06, provided the primary purpose of
the structure remains agricultural;
(iv) Any improvement excluded from the definition of
"Structure" in Section 1.02;
(v) Dirt road located on the westerly edge of the
Property, and a right of way granted to the New York State
Department of Environmental Conservation and recorded
in the Suffolk County, New York Clerk's Office at Liber
10885 page 249.
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
No new construction is permitted outside of the area described in
paragraph 4.06A(ii) above.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment.
Grantors shall employ erosion and sediment control measures to
mitigate any storm water runoff, including but not limited to minimal
removal of vegetation, minimal movement of earth and minimal
clearance of access routes for construction vehicles.
D. Replacement of Improvements. In the event of damage
resulting from casualty loss to an extent which renders repair of any
existing improvements or improvements built or permitted pursuant to
this Section 4.06 impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be
permitted in kind and within the same general location subject to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Property, but only subject to this
Easement. Grantor shall promptly notify Grantee of any conveyance
of any interest in the Property, including the full name and mailing
address of any transferee, and the individual principals thereof, under
any such conveyance. The instrument of any such conveyance shall
specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this
Easement, and shall incorporate this Easement by reference,
specifically setting forth the date, office, liber and page of the
recording hereof. The failure of any such instrument to comply with
the provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the
Property. Any such further restrictions shall be consistent with and in
furtherance of the general intent and purpose of this Easement as set
forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Property, including any taxes or levies imposed to make
those payments subject, however, to Grantor's right to grieve or
contest such assessment. The failure of Grantor to pay all such taxes,
levies and assessments and other governmental or municipal charges
shall not cause an alienation of any rights or interests acquired herein
by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any
liability, costs, attorneys' fees, judgments, expenses, charges or liens
to Grantee or any of its officers, employees, agents or independent
contractors, all of which shall be reasonable in amount, arising from
injury due to the physical maintenance or condition of the Property
caused by Grantor's actions or inactions, or from any taxes, levies or
assessments upon it or resulting from this Easement, all of which shall
be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any
liability, costs, attorneys' fees, judgments, or expenses, charges or
liens to Grantee or any of its officers, employees, agents or
independent contractors, ali of which shall be reasonable in amount,
resulting: (a) from injury to persons or damages to property arising
from any activity on the Property; and (b) from actions or claims of
any nature by third parties arising out of the entering into or exercise
of rights under this Easement, excepting any of those matters arising
solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in
agricultural production for two (2) consecutive years, then Grantor
shall implement a Natural Resources Conservation Plan (the "Plan")
approved by Grantor (which approval by Grantor shall not be
unreasonably withheld) and by Grantee, including the Land
Preservation Committee, to maintain or restore the Property to the
condition in which it existed on the date of this Easement, as
evidenced by the documentation referred to in Section 0.05, in order
to protect the environmental, natural, scenic and agricultural values of
the Property. In the event Grantor fails to comply with the provisions
of this section after reasonable written notice is given to Grantor by
Grantee, then, in addition to all other remedies set forth herein,
Grantee or its agents are hereby authorized to enter upon the Property
to implement the Plan, and to recover the costs of such
implementation from Grantor, as provided in Section 6.03.
ARTICLE SIX
GRANTEE'S RIGHTS
6.0i Entry and Inspection
Grantee shall have the right to enter upon the Property at
reasonable times, upon prior notice to Grantor, and in a manner that
will not interfere with Grantor's quiet use and enjoyment of the
Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee
shall not have the right to enter upon the Property for any other
purposes, except as provided in Section 5.04 and 6.03, or to permit
access upon the Property.
6.02 Restoration
In addition to Grantee's remedies under Section 5.04, Grantee
shall have the right to require the Grantor to restore the Property to
the condition required by this Easement and to enforce this right by
any action or proceeding that Grantee may reasonably deem
necessary. However, Grantor shall not be liable for any changes to the
Property resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons
or to the Property or crops, livestock or livestock products resulting
from such causes.
6.03 Enforcement Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate. Therefore,
in addition to, and not as a limitation of, any other rights of Grantee
hereunder at [aw or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement is not
cured by Grantor within ten (10) days' written notice thereof by
Grantee (which notice requirement is expressly waived by Grantor with
respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the
purposes of this Easement), Grantee shall have the right at Grantor's
sole cost and expense and at Grantee's election:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts
to terminate or cure such breach, default or violation
and/or to cause the restoration of that portion of the
Property affected by such breach, default or violation to
the condition that existed prior thereto, or
To enforce any term, provision, covenant or obligation in
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement; provided, however, that any failure, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within l0 days.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or registered or certified mail, return receipt
requested, with sufficient prepaid postage affixed and with return
receipts requested. Hailed notice to Grantor shall be addressed to
Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 6.04.
Nailed notice to Grantee shall be addressed to its principal office
recited herein, marked to the attention of the Supervisor and the Town
Attorney, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04. Notice shall be deemed given
and received as of the date of its manual delivery or three business
days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinquishment/Condemnation
At the mutual request of Grantor and Grantee, a court with
jurisdiction may, if it determines that conditions surrounding the
Property have changed so much that it becomes impossible to fulfill
the Purpose of this Easement described in Section 0.03, extinguish or
modify this Easement in accordance with applicable law. The mere
cessation of farming on the Property shall not be construed to be
grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken
or condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect
to the Property, or portions thereof so taken or condemned, and the
Property shall not be subject to the limitations and restrictions of this
Easement. In such event, the Grantor, its successors OF assigns, shall
not be required to pay any penalties, but the value of the Property
shall reflect the limitations of this Easement. Any condemnation award
payable to the Grantor shall be in proportion to the value attributable
to the residual agricultural value of the Property and if the
condemnation is undertaken by an entity other than the Grantee, then
the remaining portion of the condemnation award shall be payable to
the Grantee in proportion to the value attributable to the development
rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current Grantors and in accordance with all applicable
State and local laws. Any such amendment shall be consistent with
the Town Code and any regulations promulgated thereunder and with
the Purpose of this Easement, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as
a Conservation Easement in perpetuity under Internal Revenue Code
§lT0(h). The parties agree to amend the provisions of this Easement
if such amendment shall be necessary, to entitle Grantors to meet the
requirements of §:~70(h). Any such amendment shall apply
retroactively in the same manner as if such amendment or
amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code or any successor chapter and other applicable taws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, following a public hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court shall not
be invalidated. Instead, that provision shall be reduced or limited to
whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is determined to
be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 Governinq Law
New York Law applicable to deeds to and easements on land
located within the State of New York shall govern this Easement in all
respects, including v~lidity, construction, interpretation, breach,
violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
it was drafted by the other party's attorney. No alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. If any provision of this Easement is ambiguous or shall be
subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and be consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement and this Easement shall
be interpreted broadly to affect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited their right to use the Property, except as
otherwise recited herein, be construed at all times and by all parties to
effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be
interpreted to grant, to the public, any right to enter upon the
Property, or to use images of the Property. Grantee may use images
of the Property only for non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
7.:[0 Headinqs
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
iN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Grant of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
C.W. FRANCfS & SON, INC., Grantor
-By.'~'Wil I~i~:. Trinkle, 'P'~lent and CEO
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY: ~
Scott A. Russell
Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS;
On this~4day of ~z~' in the year 2009 before me, the undersigned,
personally appeared /4/~z~,~ ~ ~,¢/~L~ personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument~ the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
Notary Public
PATRICIA L FALLON
Notary Public, State Of New York
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this ~,~- day of~)~J~' in the year 2009 before me, the undersigned,
personally appeared ~'~-v- ~.~,z-~z~ personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
Notary Public
pATR~CIA L. FALLON
Notary Public, State Of NeW York
No 0 FA~953146
Qualified Irl Su olk County
Corrlmission Expires Apf~[ 24,
SURVEY OF PROPER~i~/
ORIENT
Nathan Taft Corw~ III
Land Surveyor
title insurance company
SCHEDULE A - DESCRIPTION
NEW YORK METFIO
800-853-4803
212.922-1593 fax
stewa~tnewyork.com
AMENDED 3/2/2009
Title No.: ST08-02718
DEVELOPMENT RIGHTS EASEMENT
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk, State of New York, being bounded and described as follows:
BEGINNING at a concrete monumem set on the southerly side of Main Road (S.R. 25) distant 3200 feet,
more or less, from the intersection of the southerly side of Main Road (S.R. 25) and the eastexly side of
Narrow Rivex Road, said point being where the easterly line of land now or formerly of Eleanor C. and
Robert E. Webber intersects with the southerly side of Main Road (S.R. 25);
RUNNING THENCE along the southerly side of Main Road (S.IL 25) South 76 degrees 59 minutes 02
seconds East 57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 1529.84 feet;
THENCE South 53 degrees 59 minutes 20 seconds West 23.47 feet;
THENCE South 15 degrees 57 minutes 21 seconds East 329.52 feet;
THENCE South 68 degrees 00 minutes 00 seconds West 525k00 feet;
THENCE North 19 degrees 54 minutes 51 seconds West 1379.38 feet to a broken concrete monument;
THENCE North 18 degrees 24 minutes 19 seconds West 1282.23 feet to the southerly side of Main Road
(S.R. 25) the point or place of BEGINNING.
EXCEPTING THEREFROM the "Reserved Area" described as follows:
ALL that certain plot, piece or parcel of land. situate, lying and being at Orient, Town of Southold.
County of Suffolk, State of New York. being bounded and described as fdilows:
BEGINNING at a concrete monument set on the southerly side of Main Road (S.R. 25) distant 3200 feet.
more or less, from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of
Narrow River Road, said point being where the easterly line of land now or formerly of Eleanor C. and
Robert E. Webber intersects with the southerly side of Main Road (S.R. 25);
RLINI~G TtIE~CE alon§ ~e southerly side of Main Road ($.E. 25) South 76 degrees 59 minutes OZ
seconds East 57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCESouth 77 degrees 12[ minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East, 369.21 feet;
THENCE South 69 degrees 26 minutes 59 seconds West, 260.00 feet;
THENCE North 20 degrees 33 minutes 01 second West, 516.16 feet;
THENCE North 77 degrees 14 minutes 10 seconds West, 320.42 feet;
THENCE North 18 degrees 24 minutes 19 seconds West. 440.18 feet tO the southerly side of Main Road
(S.R. 25), the point or place of BEGINNING.
20O9
NOT TO BE INSURED: FOR INFORMATIONAL PURPOSES ONLY
AGRICULTURAL STRUCTURE AREA
ALL that ~n plot, piece or parcel of land, situate, lying and being at OrlenL Town of Southold, County of
Suffolk. State of New York being bounded and described as follows:
BEGINNING at a concrete monument set on the Southerly side of Main Road (S.R. 25) distant 3200 feet,
more or less, from the intersection of the Southerly side of Main Road (S.R. 25) and the Easterly side of
Nm'row River Road, said point being where lhe Easlerly line of land now or formerly of Eleanor C. and
Robert E. Webber intersects with the Southerly side of Main Road (S.R. 25);
RUNNING THENCE along the Southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02
seconds East 57.21 feet lo the land now or formerly of STG Associates Inc.;
THT~NCE along said l~d South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 329.21 feet to the ~xue point or place of
beginning;
THENCE from said Wue point or place of beginning, South 68 degrees 07 minutes 12 seconds West
562.90 feet;
THENCE Norlh 19 degrees 54 minutes 51 seconds West 379.38 feet to a broken concrete monument;
THENCE North 18 degrees 24 minutes 19 seconds West 822.05 feet;
THENCE South 77 degrees 14 minutes 10 seconds East, 320.42 feet;
THENCE South 20 degree~ 33 minutes Ol seconds East, 516.16 feet;
THENCE North 69 degrees 26 minutes 59 seconds East, 260.00 feet to the true point or place of
BEGINNING.
T
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Y
ALTA Owner's Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of insurance, sustained or
incurred by the insured be reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii)a document affecting Title not propedy created, executed, withessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authedzed by law
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electrenic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of raal estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title th.at would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining [and, and encroachments onto the Land of existing imprevements..~cated on adjoining ~and.
Unmarketable Title.
No dght of access to and from the Land.
The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, deschbing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, deschbing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred
to in that notice.
7. The exercise of the dghts of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the dghts of a purchaser for value without Knowledge.
Countersigned:
Stewart Title insurance Company
New York, New York
residenr
Pad 1 of
POliCy
Serial No O-8911-487408
If you want information about coverage or need assistance to resolve cornplaints, please call our tollfme number: 1~00~t33~014. ~fyou rnakeaclaim underyour
policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at htt o://www. S tewadaN ewYork.co rn
File No.: ST08-02718
h f
ALTA OWYqER'S FOLICY (6/17/06)
SCHEDULE A
File NO.: ST08-02718
Amount of $ t,788,720.00
Date of iMarch 3, 2tX)9
Policy:
1. Name of Insured:
Town of Somhold
PolicY No.: O-8911-487408
Prezrdum: $7,395.00
2. The estate or interest in the land described herein and which is covered by this policy is:
Easement
3. Title vested in-'
3',)w~ af Soullmld who acquired Development Rights by virtue of an Easement from C,.W. Francis & Smh Inc.
dated 3/3/2009 to be duly recorded in the Suffolk County Clerk's/Registers Office.
4. The Land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
Section: 019.{}0 Block: 01.01) Lot: ['art of I)14.t)07
ALTA OWNER'S POLICY (6/17/06)
· File No.: ST08-0271g
SCHEDULE A DESCRIPTION
Policy No.:
O-8911-487408
DEVELOPMENT RIGHTS EASEMENT
Al ,l, that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk,
State of New York, be'mg bounded and described as follows:
BEGINNING at a concrete monument set on the southerly side of Main Road (S.IL 25) distant 3200 feet, more or less,
from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of Narrow River Road, said point
being where the easterly line of land now or formerly of Eleanor C. and Robert E. Webber intersects with the southerly
side of Main Road (S.R. 25);
RUNNING THENCE along the southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02 seconds East
57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes l0 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 1529.84 feet;
THENCE South 53 degrees 59 minutes 20 seconds West 23.47 feet;
THENCE South 15 degrees 57 minutes 21 seconds East 329.52 feet;
THENCE South 68 degrees 00 minutes 00 seconds West 525.00 feet;
THENCE North 19 degrees 54 minutes 51 seconds West 1379.38 feet to a broken concrete monument;
THENCE North 18 degrees 24 minutes 19 seconds West 1282.23 feet to the southerly side of Main Road (S.R. 25) the point or place
of BEOINNINO.
EXCEPTING THEREI~/OM {he "Reserved Area" described as follows:
AY ,I, that certain plot, piece or parcel of land, siiuate, lying and being at Orient. Town of Sou{hold, County of Suffolk,
State of New York, being bounded and described as follows:
BEGINNING ar a concrete monument set on the southerly side of Main Road (S.R. 25) distant 3200 feet, more or less,
from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of Narrow River Road, said point
being where the easterly line of land now or formerly of Eleanor C. and Robert E. Webber intersects with the southerly
side of Main Road (S.R. 25);
RUNNING THENCE along the southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02 seconds East
57.21 feet to the land now or formerly of STG Associate~ Inc.;
THENCE along said land South 18 degrees 24 minutes I9 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East, 369.21 feet;
THENCE South 69 degrees 26 minutes 59 seconds West, 260.00 feet;
THENCE North 20 degrees 33 minutes 01 second West, 516.16 feet;
THENCE l~orth 77 degrees 14 minutes 10 seconds West, 320.42 feet;
THENCE North 18 degrees 24 minutes 19 seconds West, 440.18 feet to the southerly side of Main Road (S.R. 25), the
point or place of BEGINNING.
ALTA OWNER'S POLICY (6117106)
AI J. that certain plot, piece or parcel of land, situate, lying and be'mg at Orient, Town of Southold, County of Suffolk,
State of New York be'rog bounded and described as follows:
BEGINNING at a concrete monument set on the southerly side of Main Road (S.IA 25) distant 3200 feet, more or less,
fwm the intersection of the soutbedy side of Main Road (S.R. 25) and the easterly side of Narrow River Road, said po'mt
being where me easterly Une of land now or formerly of Eleanor C. arid Robert E. Webber intersects with the southerly
side of Main Road (S.R. 25);
RUNNING THENCE along the southerly sic~ of Main Road (S.R. 25) South 76 degrees 59 minutes 02 seconds East
57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East. 369.21 feet;
THENCE South 69 degrees 26 minutes 59 seconds West. 260.00 feet;
THENCE North 20 degrees 33 minutes 01 second West, 516.16 feet;
THENCE North 77 degrees 14 minutes 10 seconds West. 320.42 feet; -~
THENCE North 18 degrees 24 minutes 19 seconds West. 440.18 feet to the southerly side of Main Road (S.R. 25), the
point or place of BEGINNING.
COVERED RISKS (Continued)
Title being vested other than as stated in Schedule A or being defective
(al as a result of the avoidance in whole or in port, or from a court order
lb)
(il to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a
providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor.
title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the 'r'dle or other matter included
vesting Title as shown in Schedule A because that pdor transfer in Covered Risks 1 through 9 that has been created or attached or has
constituted a fraudulent or preferential transfer under federal been flied or recorded in the Public Records subsequent to Date of Policy
bankruptcy, state insolvency, or similar creditors' rights laws; or and pdor to the recording of the deed or other instrument of transfer in the
because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A.
Schedule A constitutes a pre[erential transfer under federal The Compony will aisc pay the costs, attorneys' fees, and expenses incurred in
bankruptcy, state insclvency, or similar creditors' dghts laws by defense of any matter insured against by this Policy, but only to the extent
reascn of the failure of its recording in the Public Records provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,
and the Compony will not poy loss or damage, costs, attorneys' fees, or
exPenses that adse by reason of:
1. (al Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(il the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection; 4.
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion l(a) does not modify or limit the coverage provided
under Covered Risk 5..
(b) Any governmental police power. This Exclusion l(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5.
coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(al created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at
Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date
the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered Risk
9 and 10); or
(el resulting in loss or damage that would not have been sustained if
the Insured Claimant had poid Value for the Title.
Any claim, by reascn of the operation of federal bankruptcy, state
insolvency, or similar credita~s' rights laws, that tim transaction vesting
the Title as shown in Schedule A, is
(al a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reascn not stated in Covered Risk 9 of
this policy.
Any lien on the T'~e for4~al estate taxes or assessments impesed by
governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
CONDITIONS
DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of insurance': The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) 'Date of Policy": The date designated as 'Date of PoliclF in
Schedule A.
(c) 'Entity': A corporation, partnership, trust, limitad liability
company, or other similar legal entity.
(d) 'Insured": The insured named in Schedule A.
(il 'me term "Insured" aisc includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or
next of kin;
(B) successors to an Insu~l by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) it the grantee wholly owns the named insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly~owned
by the same person or Entify, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (Al, (B), (C), and (D) reserving, however, all
dghta and defenses as to any successcr that the Compony
would have had against any predecessor Insured.
(el "insured Claimant": An Insured claiming loss or damage.
(fl "Knowledge" or "Known": Actual knowledge, not senstmctive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(gl "Land": 'me land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, reads, avenues, alleys,
lanes, ways, or wate~vays, but this does not modify or limit the
extent that a right of access to and from the Land is insured by
this policy.
(h) "Mortgage"; Mortgage, deed of trust, trust deed, or other
sccudty instrument, including one evidenced by electronic
mean§ authorized by law.
(il "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court for
the district where the Land is located.
(j) 'Title*: The estate or interest described in Schedule A.
(k) "Unmarketable Title': Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable tiUe.
II Pa~e2 Serial No.: O-8911-487408 II
File No.: ST08-02718
CONDITIONS (Continued)
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy
in favor of an Insured, but only so long as the Insured retains an
estate or interest in the Land, or holds an obligation secured by a
purchase money Mottgage given by a purchaser from the Insured, or
only so long as the thsured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This policy shall not
continue in fome in favor of any pumhaser from the Insured of either
(i) an estate or interest in the Land, or (ii) an obligation secomd by a
purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The thsured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 5(a) of these Conditions, (ii) in
case Knowledge shall come to an thsured hereunder of any claim of
title or interest that is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by virtue
of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the extent
of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of toss.
The proof of loss must descdbe the defect, lien, encumbrance, or
other matter in~ured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to solect counsel of its choice (subject to the
dght of the Insured to object for reasonable cause) to represent
the Insureq as to those stated causes of action. It shall not be
liable for and will not pay the fees of any other counsel. The
Company witl not pay any fees, costs, or expenses incurred by
the Insu~d in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shalJ have the dght, in addition to the options
contained in Section 7 of these Conditions, at its ow~ cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy, whether or not
it shall be liable to the Insured. The exercise of these dghts
shall not be an admission of liability or waiver of any provision of
this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company bdngs an action or asserts a defense
as required or permif~ed by this policy, the Company may
pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal any adverse judgment or order.
(b)
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to .the
Company the dght to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option, the
name of the Insured for this purpose. Whenever requested by
the Company, the Insum~l, at the Company's expense, shall
give the Company a~l reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessa~ or
desirable to ostab~ish the Title or any other matter as insured. If
the Company is prejudiced by the failure of the Insured to
fumish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liabiltiy or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
The company may reasonably require the Insured Claimant to
submit to examination under oath by any acthodzed
representative of the Company and to produce for examination,
inspection, and copying, at such reasonable times and places
as may be designated by the authorized representative of the
Company, all records, in whatever meqium maintained,
including books, ledgers, checks, memoranda, correspondence,
reports, e-mai~s, disks, tapes, and videos whether bearing a
date before or after Date of Policy, that reasonably pertain to
the toss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant
its permission, in writing, for any authorized representative of
the company to examine, inspect, and copy all of these records
in the custody or control of a third party that reasonably pettain
to the loss or damage. All information designated as
confidential by the Insured Claimant provided to the Company
pursuant to this Section shall not be disclosed to others un~ess,
in the reasonable judgment of the company, it is necessary in
the admicistration of the claim. Failure of the Insured Claimant
to submit for examination.under oath, produce any reasonably
requested information, or grant permission to secure reasonably
necessary information from third patties as required in this
subsection, un31~lss prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as
to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF UABILITY
in case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay
or tender payment of the Amount of Insuranse under this policy
together with any costs, attorneys' fees, and expanses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay. Upon the exemise by the
Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay or OthenNise Settle With Parties Other Than the Insured
or With the Insured claimant.
(i) To pay or other~vise settle with other patties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay; or
(ii) To pay or otherwise settle with the insured Claimant the
loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that ware authorized by the Company
up to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other that the payments required to be made, shall
terminate, including any liability or ob{igaticn to defend,
presecute~ or continue any litigation.
[I Page3 Serist No.: O-89'H-487408 II
File No.: ST08-02718
CONDITIONS (Continued)
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetapJ loss or
damage sustained or incurred by the insured Claimant who has
suffered loss or damage by reason of mattera insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) theAmount of Insurance; or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the dsk insured
against by this policy.
(b) If the Company pursues its dghts under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the dght to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. MMITATION OF UABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a dght of
access to or from the Land, or cures the claim of Unmarketable
TItle, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it
shall have fully pedormed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(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, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
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
AIl payments under this policy, except payments made for costs,
attomeys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment,
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule S or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title. and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
V
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETI'LEMENT
(a) Whenever the Company sharl have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights
of the Insured Claimant in the Title and all other rights and
remedies in respect to the claim that the Insured Claimant has
against any person or property, to the extent of the amount of
any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested, by the Company, the lasumci Claimant
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or settle in the
name of the Insured Claimant and to use the name of the
Insured Claimant in any transection or litigation involving these
dghts and remedies. If a payment on account of a claim does
not fully cover the loss of the Insured Claimant, the Company
shall defer the exercise of its right to recover until after the
insured Claimant shall have recovered its loss.
(b) The Company's dght of subrogation includes the dghts of the
Insured to indemnities, guaranties, other policies of insurance,
or ponds, notwithstanding any terms or conditions contained in
those instruments that address subrogation dghts.
14. ARBITRATION
Either the Company or the Insured .may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the Amedcen Land Titi.e Association
('Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other parsons.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insumd adsing out of or
relating to this policy, any service in connection with its issuance or
the breach of a policy provision, or to any other controversy or claim
adsing out of the transection giving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the company or the Insomd. All
arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by beth the
Company and the tnsured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the parties. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court
of competent jurisdiction.
15. LIABIETY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract beN/een the
Insured and t~ company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
lb) Any claim of loss or damage that adses out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incoq3orated by Schedule A of this policy,
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it
doss not (i) modify any of the terms and previsions of the policy,
(ii) modify any prior endorsement, (iii) extend the Date of Policy.
or (iv) increase the Amount of Insu~ance.
16. SEVERABIETY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the company has
underwritten the dsks covered by this policy and determined the
premium charged therMore in reliance upon the law affecting
interests in real properly and applicable to the interpretation,
dghts, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the edurt or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conificts of law principles to
determine the applicable law.
(c) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having approphats judsdiofion.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in WTiting required to
be given to the Company under this policy must be given to the Company at
Claims Department at 300 East 42"d St, 10~h Floor, New York, NY 10017.
II PaBe4 Serial No.: O-8911-487408
File No.: ST08-02718
ALTA OWNER'S POLICY (6/17/06)
COMPOSITE DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient. Town of Southold. County of Suffolk,
State of New York, being bounded and described as follows:
BEGINNING at a concrete monument set on the southerly side of Main Road (S.R. 25) distant 3200 feet. more or less,
from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of Narrow River Road, said point
being where the easterly line of land now or formerly of Eleanor C. and Robert E. Webber intersects with the southerly
side of Main Road (S.R. 25);
RUNNING THENCE along the southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02 seconds East
57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 1529.84 feet;
THENCE South 53 degrees 59 minutes 20 seconds West 23.47 feet;
THENCE South 15 degrees 57 minutes 21 seconds East 329.52 feet;
THENCE South 68 degrees 00 minutes 00 seconds West 525.00 feet;
THENCE North 19 degrees 54 minutes 51 seconds West 1379.38 feet to a broken concrete monument;
THENCE North 18 degrees 24 minutes 19 seconds West 1282.23 feet to the southerly side of Main Road (S.R. 25) the
point or place of BEGINNING.
~L~:^ ovo~x's mu~c¥ (6It V06)
AMENDED 3/312009
NOT TO BE INSURED: FOR INFORMATIONAL PURPOSES ONLY
AGRICULTURAL STRU~'I'IJRE AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk, State of New
York being bounded and described as follows:
BEGINNING at a concrete monument set on the Southerly side of Main Road (S.R. 25) distant 3200 feet, more or less,
from the intersection of the Southerly side of Main Road (S.R. 25) and the Easterly side of Narrow River Road, said point
being where the Easterly line of land now or formerly of Eleanor C. and Robert E. Webber inte/'sects with the Southerly
side of Main Road (S.R. 25);
RUNNING THENCE along the Southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02 seconds East
57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
TItFRqCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 329.21 feet to the hue point or place of beginning;
THENCE from said tree point or place of beginning, South 68 degrees 07 minutes 12 seconds West 562.90 feet;
THENCE North 19 degrees 54 minutes 51 seconds West 379.38 feet to a broken concrete monument;
THENCE North 18 degrees 24 minutes 19 seconds West 822.05 feet;
THENCE South 77 degrees 14 minutes 10 seconds East, 320.42 feet;
THENCE South 20 degrees 33 minutes 01 seconds East, 516.16 feet;
THENCE North 69 degrees 26 minutes 59 seconds East, 260.00 feet to the hue point or place of BEGINNING.
ALTA OWlN~R'S POLICY (6/17/06)
SCHEDULE B
PART I
File No.: ST08-02718 Poligy No.: O-8911-487408
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
Declaration of Covenants and Restrictions as set forth in Liber 10303 Page 564.
a) No title is insured to any land nor under the waters of Narrow River.
b) Subject to the fights of others to navigate the waters of Narrow River.
c) Subject to the riparian rights of others to Narrow River.
d) Riparian rights of the owner of the subject premises, are not insured.
e) Rights of the governmental authorities to improve navigation and change bulkhead and shore lines without compensation to
upland owners.
Survey made by Nathan Taft Corwin Ill Land Surveyor, dated 8/23/2005 and last updal~d 2/12/2009, shows subject premises
as unimproved vacant land. (a) Edge of farm field shown over southerly part o~ premises. Co) Edge of flagged wetlands'traverSes
southeasterly part of premises. (c) 12-inch concrete pipe shown varies with part of easterly line; (d) Dirt road varies with westerly
line and encroaches an unspecified distance onto paces of premises adj scent west. (e) 15-foot DEC right of way shown over
westerly part of premises. (e) Dirt road encroaches an urapecified distance onto easterly part of premises fxom premises adjacent
west.
Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the
grantor and the Town of Southol&
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST08-02718 Date of Issue: March 3, 2009
ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-487408
1. The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may
hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and
created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it eXPressly states, it does not (i) modify any of the terms and provisions of
the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent
a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement
controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
DATED: March 3, 2009
Countersigned By:
Authorized Office or Agent
Stewart Title Insurance Company
300 East 42nd St., 10th FI
New York, New York 10017
STEWART TITLE
INSURANCE COMPANY
Secretary
STANDARD NEW YORK ENDORSEMENT (1111108)
FOR USE WITH ALTA OWNER'S POLICY (6-17-06)
C
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S
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
N~m~er of Pages: 10
Receipt N~mher : 09-0029588
District:
1000
~ceived
Recorded:
At:
LIBER:
PAGE:
Section: Block:
019.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
the Following Fees ForA bove Instrument
Exempt
Page/Filing
COE
TP-584
Cert. Copies
$50.00 NO Handling
$5.00 NO NYS SRCHG
$0.00 NO Notation
$0.00 NO RPT
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
03/19/2009
03:13:26 PM
D00012583
379
Lot:
014.007
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$12o.oo
L
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
31
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
CertLqed Copy
NYS Surcharge
Other
5. O0
15. 00
RECORDEB
2009 Mar 19 03:13:26 PN
Sudi~h R, Pascate
CLERK OF
SUFFOLK COUNTY
L D00012583
P 379
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamp~
Sub Total
Grand TotaI
I
4 ] Dist. JS~
Real Property
Tax Service
Agency
Verification
1000 01900 0100 014007
6
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
~b,Bo¥ 117q
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcountyny, gov/clerk
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO__
If NO, see appropriate tax clause on
JJ~ge # of this ins~ument.
50ommunlty pt~ration l~and
Consideration Amount $
CPF Tax Due
Improved
Vacant Land
TD
TD
8
Suffolk County Recording & Endorsement Page
Thispageformspartoftheattached ~) EO-.'O£Or'lO.I/ 8/~ ~-~VE'X/,q~ ~'A/A ~Ti~¢:~70.,ff.~ madeby:
(SPECIFY TYPE OF INSTRUMENT)
~, LO ~ f?te, q/V'C i,S ¢ ~t5 Ad,, J/dC_. The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
~. I0oo
~. 01~.o~
DECLARATION OF COVENANTS AND RESTRICTTONS
THIS DEC.LARATION, made as of this 3rd day of March, 2009, by C.W. FRANCIS &
SON, INC.,~fl~ereinaffer referred to as the "DECLARANT"; as Owner of the premises
designated as SC:TM #1000-19-:~-14.7 and shown on a survey prepared by Nathan
Taft Corwin III Land Surveyor dated August 23, 2005 and last revised February 12,
2009, described in the metes and bounds description attached hereto and made a
part hereof as Schedule "A", and portions of which are separately described as the
"Reserve Area'; the "Development Rights Easement Area" and the "Agricultural
Structure Area", respectively, in the additional metes and bounds descriptions
attached hereto and made a part hereof.
WITNESSETH:.
WHEREAS, DECLARANT is the owner of certain real property situate at 32400
Route 25, Orient, in the Town of Southold, County of Suffolk and State of New York,
(the "Property'3; and
WHEREAS~ the DECLARANT has granted to Town of Southold (the "Town") a Grant
of Development Rights Easement dated March 3, 2009 over a part of SCTM #1000-
19-1-14.7, designated as the "Development Rights Easement Area"; and
WHEREAS, the remaining portion of SCTM #1000-19-1-14.7 has been designated
by the DECLARANT and the Town Board of the Town of Southold (the "Town
Board") and the Town Land Preservation Committee ("LPC'? as a "Reserve Area" for
possible future development, in accordance with applicable zoning regulations and
these Covenants and Restrictions; and
WHEREAS, DECLARANT, the Town Board, the.Planning Board of the Town of
Southold (the "Planning Board'~ and the LPC wish to permanently limit the number
of dwellings adjacent to the Development Rights Easement Area; and
WHEREAS, the DECLARANT, the Town Board, the Planning Board and the LPC
recognize that current zoning would allow for the construction of one single family
dwelling on the Reserve Area; and
WHEREAS, for and in consideration of the acceptance of the Grant of Development
Rights Easement, the Town Board has deemed it in the best interests of the Town of
Southold (the "Town'3 and the owner and prospective owners of the Property that
the within covenants and restrictions be imposed on the Property, and as a condition
of the acceptance of the Grant of Development Rights Easement, the Town Board
has required that the within Declaration be recorded in the Suffolk County Clerk's
Office; and
WHEREAS, the DECLARANT has considered the foregoing and has determined that
this declaration of covenants and restrictions will be in the interests of the
DECLARANT and subsequent owners of the Property,
NOW, THEREFORE, be it declared as follows:
The DECLARANT, for the purpose of carrying out the intentions above expressed
does hereby make known, admit, publish, covenant and agree that the Property
shall hereinafcer be subject to the covenants and restrictions as set forth herein,
which shall run with the land and shall be binding upon all purchasers and holders of
the Properb/, their heirs, executors, legal representatives, distributees, successors
and assigns, to wit:
1. DECLARANT shall not make application for and seek any relief from the Town of
Southold for the following:
(a) permission to divide the Reserve Area in any manner into more than one
lot, except as Provided in Paragraph 3 below;
(b)
with respect to residential uses on the Reserve Area, permission to
construct any dwelling other than a single-family dwelling and customary
accessory structures, or permission to construct more than one single
family dwelling on the Reserve Area.
Notwithstanding the restrictions contained in Paragraph i above, DECLARANT
retains the right to make application for and seek any relief from the Town of
Southold for:
(a) permission to subdivide the Reserve Area from the Development Rights
Easement Area;
(b)
permission to reconfigure lot lines in order to combine the Reserve Area
with an adjacent lot, provided that such combination shall not result in
increased density or more than one single-family dwelling within the
Reserve Area described in the metes and bounds description attached
and made a part hereof.
3. In any such application set forth in Paragraph 2(a) or (b) above, DECLARANT
shall provide for access to the Development Rights Easement Area over the
57.21' wide x 440.18 long portion of the Reserve Area beginning at Main Road
(S.R. 25) (the "flag pole") or in the alternative, DECLARANT may request
permission to subdivide the flag pole into two access drives.
4. Except for the right to construct new structures and to construct, maintain and
- replace any existing structures, as provided under applicable laws and these
Covenants and Restrictions, DECLARANT hereby grants to the Town of Southold
any other existing development rights on the Reserve Area (and any further
development rights that may be created through a rezoning or transfer of
development rights of the Reserve Area), and DECLARANT agrees that any other
such development rights shall be terminated and extinguished and may not be
used or transferred to any other parcels. Furthermore, no development rights
may be transferred to the Reserve Area from any other lot.
These covenants and restrictions shall be construed to be in addition to and not in
derogation or limitation upon any local, state, and federal laws, ordinances,
regulations or provisions in effect at the time of execution of this agreement, or at
the time such laws, ordinances, regulations and/or provisions may hereafter be
revised, amended or promulgated.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any other remedy in equity or at law. The failure of the Town of
Southold or any of its agencies to enforce same shall not be deemed to affect the
validity of this covenant nor to impose any liability whatsoever upon the Town of
Southold or any officer or employee thereof.
If any section, subsection, paragraph, clause, phrase or provision of these covenants
and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal,
unlawful, invalid or held to be unconstitutional, the same shall not affect the validity
of these covenants as a whole, or any other part or provision hereof other than the
part so adjudged to be illegal, unlawful, invalid, or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law or by
their provisions to be incorporated herein and they are deemed to be incorporated
herein and made a part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, its
successors and assigns, and upon all persons' or entities claiming under them, and
may not be annulled, waived, changed, modified, terminated, revoked or amended
by DECLARANT or any subsequent owners of the premises unless and until
approved by the LPC, and by a majority plus one vote of the Town Board and the
Planning Board, or their legal successors, following a public hearing.
Notwithstanding the above, no amendment, modification or other change shall be
granted to permit the construction or creation of more than one single-family
dwelling on the Reserve Area.
TN.WZTNESS WHEREOF~ the DECLARANT above named, has duly executed the
foregoing Declaration the day and year first above written.
DECLARANT:
STATE OF NEW YORK)
SS.:
COUNTY OF .~r-~ .)
On the ~ day of IVlarch in the year 2009 before me, the undersigned, personally
appeared William F. Trinkle, personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacity,
and that by their signature on the instrument, the individuals, or the persons upon
behalf of which the individuals acted, executed the instrument, and that such
individuals made such appearance before the undersigned.
Sworn to before me this
.~4/day of March, 2009
Notary Public
_.. P',~ .~]~'J. c~;~m ()~ i.i:~W York
l~o. O~F· ,~ .~-
u.~!~ ~ .. ¥-,, :.: . o2~ II
Commission Expues Ap t 24,
COMPOSITE DESCRIPTION
A! L ~at ~rt~n plo~, pi~ ~ ~cel of lan~ simate, l~ng ~d ~]ng at ~ient, To~ of Sou~old,
County of Suffo~, S~te of New Yor~ ~ing ~d~ and described as follows:
BEG~G at a concrete mon~ent ~t on the southerly ~ide of M~n Ro~ (S.R. 25) ~st~t 32~ feet,
more or less, ~om ~e intersection of ~e sou~erly side of M~n Road (S.R. 25) and ~e easterly si~ of
N~ow ~ver ~ad, ~d ~int ~ing where ~e ~sterly ~ne of l~d now.~ formerly of Eleanor C. ~d
Robert E. W~b~ inter.ts M~ ~e sou~erly side of M~n Road (S.R. 25);
R~G ~CE ~ong ~e sou~erly side of M~n Road (S.~ 25) South 76 de~s 59 ~nutes ~
'seconds ~st 57.21 f~t to ~e l~d now or fo~erly of STG Associates ~c.;
T~CE ~g s&d l~d Sou~ 18 de~ees 24 ~nutes 19 s~onds ~st 436.51 feet;
T~NCE Sou~ 77 de~ees 14 ~nutes 10 se~nds ~st 573.~ f~t;
T~ Sou~ 20 de~ 33 ~nut~ 01 s~nds ~st 1529.~ f~;
T~CE Sou~ 53 de~ 59 ~nut~ 20 s~n~ West 23.47 feet;
T~CE Sou~ 15 de~s 57 ~utes 21 se~n~ ~t 329.52 feet;
T~CE Sou~ 68 de~s 00 ~nutes ~ s~nds West 5~.~ feet;
T~CE Nor~ 19 de.es 54 ~nutes 51 s~nds West 1379.38 feet to a broken concrete mon~ent;
T~CE Nor~ 18 de~s 24 ~nutes 19 s~nds West 1282.23 feet to ~e sou~erly side of M~n R~
(S.R. 25) ~e ~nt or place of BEG~G.
DAR - 3 2009
AI.I. that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk, State of New York, being bounded and described as follows:
BEG]lqNING at a concrete monument set on the Southerly side of Main Road (S.IL 25) distant 3200 feet,
more or less, from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of
Narrow River Road, said point being where the easterly line of land now or formerly of Eleanor C. and
Robert E. Webber intersects with the southerly side of Main Road (S.R. 25);
.RUNNING THENCE along the southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02
seconds East 57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East, 369.21 feet;
THEIqCE Soulh 69 degrees 26 minutes 59 seconds West, 260.00 feet;
THENCE North 20 degrees 33 minutes 01 second West, 516.16 feet;
THENCE North 77 degrees 14 minutes 10 seconds West, 320.42 feet;
THENCE North 18 degrees 24 minutes 19 seconds West, 440.18 feet to the southerly side of Main Road
(S.R. 25); the point or place of BEGINNING.
title insurance company
NEW YORK ME"~RO
212-922-1593 fax
stewartnewyo~k.com
AMENDED 3/2/2009
Title No.: ST08-02718
DEVELOPMENT RIGHTS EASEMENT
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town Of Southold,
County of Suffolk, State of New York, being bounded and described as follows:
BEGINNING at a concrete monument set on the southerly side of Main Road (S.R. 25) distant 3200 feet,
more or less, from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of
Narrow River Road, ~mid point being where the easterly line of land now or formerly of Eleanor C. and
Robert E. Webber intersects with the southerly side of Main Road (S.R. 25);
RUNNING TI-IE~CE along the southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02
SeConds East 57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seCOnds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 1529.84 feet;
THENCE South 53 degrees 59 minutes 20 seconds West 23.47 feet;
THENCE South 15 degrees 57 minutes 21 seconds East 329.52 feet;
THENCE South 68 degrees 00 minutes 00 seCOnds West 525.00 feet;
.THENCE North 19 degrees 54 minutes 51 seconds West 1379.38 feet to a broken concrete monument;
THENCE Ndrth 18 degrees 24 minutes 19 seCOnds West 1282.23 feet to the southerly side of Main Road
(S.R. 25) the point or place of BEGINNING.
EXCEPTING THEREFROM the "Reserved Area" described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk, State of New York, being bounded and described as follows:
BEGINNING at a concrete monument set on the southerly side of Main Road (S.R. 25) distant 3200 feet,
more or less, from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of
Narrow River Road, said point being where the easterly line of land now or formerly of Eleanor C. and
Robert E. Webber intersects with the southerly side of Main Road (S.R. 25);
, tAR - 3 2OO9
RUNNING THENCE along the southerly side of Main Road (S.R. 25) South 76 degrees 59 minutes 02
seconds East 57.21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East. 369.21 feet;
THENCE South 69 degrees 26 minutes 59 seconds West, 260.00 feet;
THFA~CE North 20 degrees 33 minutes 01 second West, 516.16 feet;
THENCE North 77 degrees 14 minutes 10 seconds West. 320A2 feet;
THENCE North 18 degrees 24 minutes 19 seconds West, 440.18 feet to the southerly side of Main Road
(S.R. 25), the point or place of BEGINNING.
AMENDED 3fM2009
NOT TO BE INSUREI~: FOR INFORMATIONAL PIJRPOSES ONLY
AGRICULTURAL STRUCTURE AREA
ALL that cezC~xin plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of
Suffolk, State of New York being bounded and described as follows:
BEOINNINO at a concrete monument set on the Southerly side of Main Road (S.R. 25) distant 3200 feet,
more or less, f~om the intersection of the Southerly side of Main Road (S.R. 25) and the Easterly aide of
Narrow River Road, said point being where the Easterly line of land now or formerly of Eleanor C. and
Robert E. Webber intersects with the Southerly side of Main Road (S.1L 25);
RUNNING THENCE along the Southerly side of Main Road (S.1L 25) South 76 degrees 59 minutes 02
seconds East 57.21 feet to the land now or formerly of ST(? Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 4~6.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 d~grees 33 minutes 01 s~onds East 329.21 feet to the tree point or place of
beginning;
THIn, CE from said true point or place of beginning, South 68 degrees 07 minutes 12 seconds West
562.90 feet;
THENCE North 19 degrees 54 minutes 51 seconds West 379.38 feet to a b~oken concrete monument;
THENCE North 18 degrees 24 minutes 19 seconds West 822.05 feet;
THENCE South 77 degrees 14 minutes 10 seconds E~t, 320.42 feet;
THENCE South 20 degree~ 33 minutes Ol seconds East, 516.16 feet;
THENCE North 69 degrees 26 minutes 59 seconds East, 260.00 feet to the true point or place of
BEGINNING.
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owners of ~ ,Z-~ acres of active farmland and/or ~ acres
of non-farmland, situated at Suffolk County Tax Map No. 1000-19-1-14.7 that is proposed to
be aoquired 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, 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 ef Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
Proiect Sponsor
TOWN OF SOUTHOLD
~¢'COTT A. RUSSELL, Supervisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
Landowners
C.W. FRANCIS & SON, INC.
By: William F. Trinkle, President & CEO
305 First Street, SW, Suite 700
Roanoke, Virginia 24011
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the ,~'~' day of /~,¢~..~ , 2009, before me personally appeared SCOTT A.
RUSSELL, 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
COUNTY OF ,~FFc~.K
PATRiCIA L, FALLON
Notary Public, State Of New York
No. 01FA~,950146
Qualified tn Suffolk County
Commission Expires Apdl 24, ~-,~l
On the 3z,J day of /~/~# ,2009, before me personally appeared
bJl,L.*.,',:~/~ ,C". "f,~'/,v,~ L~ , 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/she executed the same as owner of the subject premises;
and that by her signature on the instrument, the individual, or the persons upon behalf of
which the individual acted, executed the instrument.
Notary Public
PATRICIA L. FALLON
Notary Public, State Of Naw York
No. 01FA4950146
Qualifi6d in Suffolk County
Commission Expires April 24,
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
10B Airline Drive
Albany, New York 12235
Division of Agricultural Protection
and Deve/opment Serv/ces
518-457-7076
Fax. 518-457-2716
April 6, 2009
Melissa Spiro
Land Preservation Coordinator
Town of Southold
PO Box 1179
Southold, NY 11971-0959
Re:
Waiver - Suffolk County Agricultural District #1 - Acquisition of Land
Dear Ms. Spiro:
The Department has reviewed documentation s~bmitted by the Town of Southold, to waive the Notice
of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with
its acquisition of active farmland in Suffolk County Agricultural District #% The documentation includes a
waiver signed by:
William F. Trinkle, President & CEO
C.W. Fran~cis & Son, Inc.
Landowner(s)
The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8.
Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed
waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of
more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice
provisions could still apply to those parcels.
You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does
not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a
proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have
any questions, please feel free to contact me.
Sincerely,
Manager, Agricultural Protection Unit
RS:lad
File: AP09/022-W
APR - 9 2009
DEPT. OF LAND
PRESERVATION
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
March 24, 2009
Bob Somers, Ph.D.
Manager, Agricultural Protection Unit
NYS Department of Agricultare and Markets
10B Airline Drive
Albany, NY 12235
C.W. FRANCIS & SON~ INC. to TOWN OF SOUTHOLD
Part of SCTM #1000-19.-1-14.7
Dear Mr. Somers:
Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was
executed by Southold Town Supervisor Scott A. Russell and William F. Trinkle, President and CEO of
C. W. Francis & Son, Inc., at the time of closing on a development rights easement on active farmland
formerly identified as part of SCTM # 1000-19.-1-14.7. Details regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
C. W. Francis & Son, Inc.
Town of Southold
3/19/09
D00012583
378
32400 Route 25, Orient
23.132 acres
p/o 1000-019.00-01.00-014.007
n/k/a 1000-019.00-01.00-014.010
Please provide me with a written acknowledgment of your receipt of the waiver at your earliest
opportunity.
Thank you.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
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New York State Department of Environmental Conservation
Division of Lands & Forests
5ureau of Real Property, §th Floor
5 Broadway, Albany, NewYork 12233-4256
Phone: (518)402-9442 · FAX: (518)402-9028
Website: wvw.dec.ny~.qov
Alexander B. Grannis
Commissioner
March 31, 2009
Melissa Spiro
Department of Land Prdservation
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
CE: Suffolk 517
Grantor: C.W. Francis & Son, Inc.
Liber: D00012583 Page: 378.
The conservation easements cited above have been so identified for our indexing and
filing purposes. This number may be needed for the landowner to claim a conservation easement
tax credit. When contacting this office about these parcels, please use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Property
DEPT. OF LAND
PRESERYAIION
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
raelissa;spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 Sta~ Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
South61d, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
April 3, 2009
William F. Trinkle, President
C.W. Francis & Son, Inc.
305 First St, SW, Suite 700
Roanoke, VA 24011
Re~
NYSDEC Conservation Easements Registry
CE: Suffolk 517
SCTM #1000-19.-1-14.10
Dear Mr. Trinkle:
Please be advised that the Town's purchase of a development rights easement on property
located at 32400 Main Road (Route 25) in Orient has been officially registered with the
New York State Department of Environmental Conservation. Enclosed is a copy of the
information we received from NYSDEC with your property's assigned identifier.
If you have any questions regarding the implementation of the Conservation Easement
Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at
NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 517.
Very truly yours,
Melanie Doroski
Sr. Administrative Assistant
enclosures
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631) 765-6640
OFF/CE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Sonthold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
March 24, 2009
NYSDEC
Bureau of Real Property
625 Broadway, 5th Floor
Albany, NY 12233-4256
Attention:
Re:
Tim Reynolds
Conservation Easements Registry
C.W. FRANCIS & SON~ INC. to TOWN OF SOUTHOLD
Dear Mr. Reynolds:
Enclosed please find a certified copy of the recorded Grant of Development Rights Easement on property
located within the Town of Southold to be registered with the New York State Departmem of
Environmental Conservation. Details regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
C.W. Francis & Son, Inc.
Town of Southold
March 19, 2009
D00012583
378
32400 Route 25, Orient
23.132 acres
p/o 1000-119.00-01.00-014.007
n/k/a 1000-119.00-01.00-014.010
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
enc.
cc: William F. Trinkle, President w/enc.
C.W. Francis & Son, Inc. - 305 First St, SW, Suite 700, Roanoke, VA 24011
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C. W. FRANCIS & SON, INC.
to
TOWN OF SOUTHOLD
23.132 acres - Development Rights Easement
Part of SCTM #1000-19-1-14.7
Premises: 32400 Route 25 (Main Road), Orient
Closing held on Tuesday, March 3, 2009
Land Preservation Department
Southold Town Hall Annex
(from left to right)
Supervisor Scott A. Russell
Will Trinkle, Seller (President)
Juan Granados
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (63 I) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, Land Preservation Coordinator
Date: March 4, 2009
Re:
C.W. FRANCIS & SON~ INC. to TOWN OF SOUTHOLD
plo SCTM #'1000-'19.-1-14.7
Please be advised that the Town has acquired a development rights easement on the property listed
below. If you would like additional information regarding the pumhase, please feel free to contact me.
LOCATION:
32400 Route 25 (Main Rd) Orient
SCTM #:
part of 1000-19.-1-14.7
PROPERTY OWNER:
C. W. Francis & Son, Inc.
PURCHASE DATE:
Tuesday, March 3, 2009
PURCHASE PRICE:
$1,788,720.00 (based on 22.359 buildable acres @
$80,000/buildable acre)
TOTALPARCELACREAGE:
26.482 acres
EASEMENT ACREAGE:
23.132 acres (includes 0.756 DEC right-of-way and 0.017 acre
wetland area)
RESERVED AREA:
3.350 acres
ZONING: R-80/R-200
FUNDING:
CPF 2% Land Bank
MISCELLANEOUS:
This property is listed on the Community Preservation Project
Plan list. The land is rented to a local farmer. The easement area
is bordered on the west by Town preserved farmland, to the
south and southeast by the State of New York ~reserved lands.
~ OLD
MAIN
t~oO- iq-I-Iq,-] ,~
NOTICE
OF SUFFOLK
Red Property lox ~ervice Agency
$OUTHOLO
SECTION NO
019
SALE DATE
CONSIDERATION
GRANTOR
GRANTEE
July 1, 2005 Recorded 7~8~2005
$1,986,500
Michelle Renee Tew
9770 Farmbrook Lane, Alpharetta, GA
CW Francis and Son, Inc.
305 First Street SW, Roanoke, VA
32400 Main Road, Orient
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QUIRY #: 2390908.5
YEAR: 2006
II I = 494'
YEAR: 1994
750'
YEAR:
1980
I= 750'
YEAR:
1976
II I = 750'
YEAR:
1961
il t = 5oo'
YEAR: 1954
I I I = 75o'
1938 AERIAL PHOTOGRAPH
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77'
RESERVE AREA
145,925 sq. ff.
3.350 ac.
FINAL
SURVEY TOWN
SUFFOLK
S.C. TAX
APRIL 23,
FEBRUARY 12, 2009 ADDED METES
SURVEY OF PROPERTY
SITUATE
ORIENT
OF SOUTHOLD
COUNTY, NEW YORK
No. 1000-19-01-14.7
SCALE 1"=100'
AUGUST 25, 2005
2007 TOPOGRAPHICAL SURVEY & BOUNDARY SURVEY
JANUARY 7, 2009 UPDATE SURVEY
& BOUNDS FOR ZONING BOUNDARY LINE
TOTAL AREA = 1,153,565 sq. ft.
26.482 ac.
FEB 13 2009
CERTIFIED TO:
TOWN OF SOUTHOLD
STEWART TITLE INSURANCE
C.W, FRANCIS & SON, INC,
COMPANY
NOTES'
1. PORTION OF LOT IN R-80 ZONING USE DISTRICT = 597,598 sq. ft (13.719 ac.)
PORTION OF LOT IN R-200 ZONING USE DISTRICT = 555,965 sq. ff. (12.765 ac.)
2, FLOOD ZONE INFORMATION TAKEN FROM:
FLOOD INSURANCE RATE MAP No. 3610300069 G
ZONE AR, BASE FLOOD ELEVATIONS DETERMINED
ZONE X' AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE
DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN
1 SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD.
TEST HOLE DATA
(TEST HDLE FJUO BY McDONALD BEOSCIENCE ON FEBRUARY 9, 2007)
Fff/E~UILDINGS
TEST HOLE
Nathan Taft Corwin III
Land Surveyor
PHONE (631)727-2090 Fox (631)727-1727
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
THE EXISTENCE OF RIGHT OF WAYS
AND/OR EASEMENTS OF RECORD, JF
ANY, NOT SHOWN ARE NOT GUARANTEED,
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& Son,
Francis
Tow~
Development
Map Prepared by
Town of Southo~d G~S
December 29, 2008