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Goerler, Ann Marie Revocable Living Trust
1000-96-2-11 1000-96-3-4.3 (f/k/a 1000-96-3-4.1) & 1000-96-3-5 Baseline Documentation Premises: 3975, 3175 & 1400 Cox Lane Cutchogue, New York 56.55 acres Development Rights Easement THE ANN MARIE GOERLER REVOCABLE LIVING TRUST to TOWN OF SOUTHOLD Deed dated March 5, 2001 Recorded March 22, 2001 Suffolk County Clerk - Liber D00012109, Page 277 SCTM #: Premises: 1000-96-2-11 1000-96-3-4.3 (f/k/a 4.1) 1000-96-3-5 3975, 3175 & 1400 Cox Lane (respectively) Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Cutchogue $655,980.00 (56.55 buildable acres $11,600/acre) Community Preservation Fund (2% land bank) Yes 58.8822 acres Development Rights: 56.55 easement acres - (includes 0.3162 acre r-o-w) 1000-96-2-11 = 9.2147 acres 1000-96-3-4.3 = 36.3950 acres 1000-96-3-5 = 10.9402 acres Reserve Area: Zoned: Existing Improvements: 2.3323 acres A-C In 2001, 1000-96-3-4.1 has pole barn and partial plastic greenhouse; none on other parcels. Easement area ncludes pasture, orchards, vineyards, cultivated fields, woods, farm roads. I I I A. DESCRIPTION 1. LAND The subject consists of three non-contiguous parcels of land having a combined area of 58.9+ acres. It should be noted that Lot 4.1 contains a dwelling and other improvements I I I I I I I I I I which are estimated to comprise an area of 2+ acres. This area will be excluded from the appraisal reducing the size of Lot 4.1 from 38.74_+ acres to 36.74_+ acres. The subject parcels are further described as follows: Lot 4.1 has 976.58_+' along the westerly side of Cox's Lane, running thence westerly 220+', thence southerly 303.89+', thence westerly 344.4+', thence northerly 133.94-+', thence westerly 394 22+', thence northerl · - y 695.06_+', thence westerly 630.76+', thence northerly 740.73+', thence easterly 1,656.12-+' along tracks of the Long Island Railroad for a total area of 38.74+ acres (includes 2 acres along Cox's Lane allocated to existing improvements). , Lot 5 has 1,434.22+' along the easterly side of Cox's Lane, a northerly boundary of 341.41_+' along tracks of the Long Island Railroad, an easterly boundary of 1,397.4+' (irregular) and a southerly boundary of 3 +' 35.24_ for a total area of 10.94_+ acres. It should be noted that there is a right of way located along the northerly boundary which is 17_+' wide and provides access to the adjoining property to the east. Lot 11 has 752.35_+' of frontage along the westerly side of Cox's Lane, a southerly boundary of 625.57+' along tracks of the Long Island Railroad, a westerly boundary of 562.41_+' and a northerly boundary of 616.16_+' for a total area of 9.22-+ acres. The above dimensions are taken from the Suffolk County Tax Map. We have included a copy of the Tax Map in the addenda to this report. _GIVEN ! I I I I I I I I t A. DESCRIPTION (CONTINUED) 2. IMPROVEMENTS Utilities (electric and telephone) are available along the property's road frontage. Cox's Lane is a two way, publicly maintained macadam paved road with shoulders. The property has a generally level topography and is mostly cleared. It is situated at or near road grade. It contains haven loam soils. The subject being appraised is unimproved vacant land in use as a vineyard. The existing improvements on the larger parcel of which the subject is a portion, include a dwelling and barn. These improvements are allocated a 2 acre plot and excluded from this analysis. B. PRESENTUSEAND OCCUPANCY The subject is in use as a vineyard. ~GIVEN 19 C. ZONING The subject lies in the A-C Residence zone of the Town of Southold. This zone permits primarily a single family residential usage on lots having a minimum size of 80,000 S.F. We list below the major requirements of this zone: A-C Minimum Width Setback Front Yard Rear Yard Side Yard (any one) Maximum Lot Occupancy Maximum Building Height 175' 60' 75' 45' with none less than 20' 20% 2¼ stories or 35' We have included a copy of Southold's zoning map showing the subject and a Table of General Requirements, in the Addenda to this report. It is noted that S.C.T.M. #1000-96-3-3.1 was a set-off from lot 4.1 in 1981. As a result, an.y future set-offs may be treated as a subdivision. .GIVEN P R 0 P E R T Y V I S U A L S ~TICe (C) COUNTY OF SUFFOLK RI I ' S '""~ SOUTNOLD "~'~'~'~ I --Reel Property Tox Service Agency/e~]~l~ 096 Tax Map Location 66 COX'S LANE LIRR Title: SKETCH OF LOT 4.1 [ Date: 02-29-2000 Scale: 1 tach = 275 feet IFae: GOERLERI.des Tract 1:38.738 Acres: 1687430 Sq Feet: Closure = n76. I039e 0:57 Feet: Precision =1/10784: Perimeter = 6096 Feet 001 =S44.2650E 304.16 006=N45.1440W 133.94 011 =I,159.4930E 1031.96 002=S44.2130E 672.42 007=S47.1310W 394.22 012=N59.5600E 624.16 003=848.0040W 220 008=N44.4400W 695.06 004=S38.43E 303.89 009=S52.5650W 630.76 005=S48.231 OW 344.4 010=N43.1750W 740.73 LIRR Title: SKETCH OF LOT 5 Scale: 1 tach = 179 feet I File: GOERLER2.des Date: 02-29-2000 Tract 1: 10.94I Acres: 476595 Sq Feet: Closure = n77.3307e 0.07 Feet: Precision =1/51510: Perimeter = 3508 Feet 001=N59.5110E 341.41 004=S44.2150E 759.41 007=N44.2620W 292.50 002=S47.2200E 609.69 005=S49.1850W 33524 003=S 38.2220W 28.3 006=N44.2140W 1141.72 I I I I I I I I I COX'S LANE LIRR Title: SKETCH OF LOT 11 Date: 02-29-2000 Scale: 1 tach = 128 feet I File: GOERLER3.des Tract 1:9.221 Acres: 401680 Sq Feet: Closure = n58.2437e 0.03 Feet: Precision =I/100276: Perimeter = 2556 Feet 001=S59.5050W 625.57 003=N42.1520E 616.16 002-N44.2820W 562.41 004=S43.4700E 752.35 A--C HD Lol R - 80 R--80 R--80 [ Zonin~ Map1 PHOTOGRAPHS OF SUBJECT View of Lot 4. I View of Lot 5 ~GIVEN 64 PHOTOGRAPHS 01 SUBJECT (CONTINUED) E N V I R O N M E N T A L S U M M A R Y ! Phase I Environmental Site Assessment Cox Lane Property i 1.._Q0 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. I The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property is comprised of three (3) tax lots totaling 58.9 acres of ~ vineyard, fallow field and pasture. The property is located on the east and west side of Cox Lane, w north and south of the Long Island Railroad right-of-way. The property is more particularly described as Suffolk County Tax Map # I000-096-02-11 and 1000-096-0~-4.1 & 5. I The smallest tax lot (9.3 acres) of the subject property consists of fallow field on the northern _~ two-thirds and vineyard on the southern one-third. The middle tax lot (10.9 acres) is occupied p entirely by vineyards. The third and largest tax lot (38.7 acres) consists of approximately 2.5 -- acres that is occupied by two (2) houses and associated detached garages and sheds, a 2.0 acre · corral, a small area of fallow field on the eastern side of the site, and vineyards. The 2.5 acres I that is occupied by houses is not considered part of this report. The corral contains an empty greenhouse that is heated by an oil-fired heater. A 275 gallon above ground fuel oil storage tank · that supplies the heater, was observed off the south southwest comer of the greenhouse. This · tank was empty at the time of the inspection; however, vegetation beneath the tank was dead. This was due to the application of "Roundup" a defoliant to reduce the growth of grass beneath · the tank. The tank appeared in good condition with no apparent leaks. Farming equipment was · observed on the southern side of the corral in and around metal barn like structure. A 55 gallon drum and a 550 gallon above ground storage tank were present in the vicinity of the barn. A small area of stained soil was present adjacent to th,e, dram and the grass beneath the tank was · dead. This was due to the application of "Roundup a defoliant to reduce the growth of grass from beneath the tank. An old track was observed off the southwest portion of the barn I structure. No staining was observed surrounding the track. An inspection of the remaining area of the property revealed the presence of an empty 550 gallon above ground storage tank located in the central portion of the property. According to the owner of the property, Mr. Ronald Goerler, Jr., this tank was utilized to fuel the irrigation pump until another tank replaced it. Mr. Goerler indicated he would remove this tank from the subject portion of the property. An empty 5,000 gallon above ground storage tank was observed on the eastern portion of the property. According to Mr. Goerler, this tank was to be utilized to store water for irrigation; however, it I I I I I I Cox Lane Property, Cutchogue Phase I ESA I was never utilized. No staining was observed in the vicinity of either tank. An old truck body was observed in the southeastern portion of the property. Mr. Goerler indicated the truck was utilized to store bales of hay. An inspection of the property did not reveal any staining, residue, odors or stressed vegetation, except as previously noted. extensive government records search found no potential sources of environmental degadation on the subject property. One (1) Federal, State and County documented regulated site was noted in the vicinity of the subject property. Specifically, a CERCLIS facility is located within one-half (0.5) mile of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of The 55 gallon drum, 550 gallon above ground tank on a metal stand and the 550 gallon tank on the ground should be removed from the subject property and properly disposed of The truck located off the southwest portion of the barn structure should be removed from the property if it is not being utilized for on-site farming activities. Page 2 of 25 10/17/o0 T~ 10:28 FA,][ 516 765 1366 Sourhold Town Accounting 1 O/17/99 C_vrcg, Goerler: LPC reviewed NP&V Env. Site Assessment report las~ night. LPC said OK as is. No need for Goerler's to do anything. I believe this is what you said too. If you feel something needs to be done, please do whatever it is you usually do to accomplish! Thanks! Melissa E~'(CEP T HEREON SAID MAP ~HOSE Cox Lane Property, Cutchogue Phase I ESA 1 1 1 .FIGURE 1 LOCATION MAP _.72~30'03'' 4102'22" I Source: Precision Mapping, 1995-96 - 72 28' 34" 41 00' 59" Page 8 of 25 I 1 FIGURE 2 Cox Lane Property, Cutchogue Phase I ESA NORTH + Page 10 of 25 SITE MAP~ FIGURE 3 WATER TABLE CONTOUR:. [- ,il ! OVERVIEW MAP - 540636.3s - Nelson, Pope & Voorhis LLC Target Property · Sites at elevations higher than or equal to the target property · Sites at eleva§ons tower then the target property ~. Coal Gasification Sites (if requested) ] National P riority kist Sitos ] L~ndfill Sites ~,~'~,~Power transmission lines /'? Oil & Gas pipelines [] 1QO-year flood zone ] 500-year flood zone ] Wetlands per National WetJands Inventory (1994) TARGET PROPERTY: ADDRESS: CITY~STATE~ZIP: I_AT/LONG: Coxs Lane Coxs Lane So~hold NY 11935 41.0273/72,4887 CUSTOMER: CONTACT; INQUIRY #: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 540636.3s September 14, 2000 5:53 pm DETAIL MAP-540636.3s' Nelson, Pope & Voorhis LLC 1/4 gllel -A- Target Property · Sites at elevations higher ~han or equal to the target property · Sites at elevations lower than the larger property I. Coal Gasification Sites (if requested) ~' Sensitive Receptors B N ational Priority List Sites Landfill Sites ~.~.~ Power transmission lines ~'~ Oil & Gas pipelines ] 100-year flood zone [] 500-year flood zone TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: · Coxs Lane Coxs Lane So~hold NY 11935 41.0273/72.4887 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 540635.3s September 14, 2000 5:54 pm pHysICAL SETTING SOURCE MAP - 540636.3s Major Roads Contour Lines Water Wells Public Water Supply Wells {~ Groundwater Flow Direction ;~ Indeterminate Groundwater Flow at Location ~ Groundwater Flow Varies at Location · Cluster of Multiple Icons TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: Coxs Lane Coxs Lane Southold NY 11935 41.0273 / 72.4887 JII LAT/LONG: Sarthquake epicenter, Richter 5 or greater Closest Hydrogeological Date CUSTOMER: CONTACT: INQUIRY #: DATE: Nelson, Pope & VoorhJs LLC Steven J. McGinn 540636.3s September 14, 2000 5:54 pm P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTI:OkR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON APRIL 25, 2000: Resolved that the Town Board of the Town of Southold hereby sets 5:00 P.M. Tuesday, May 9, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time aud place for a public hearing on the question of acquisition of certain parcel of property from Ann Marie Goerler, for purchase of development rights iu agricultural lands under Chapter 25 and Chapter 6 of the Town Code. Said property is identified SCTM# !000-96-3-4.]L; 1000-96-3-5; t000-96-2-1! comprising approximately 56.?'acres, at a price of $]1,600.00 per acre. Said property to be purchased either outright by the Towu of Southold, or acquired under the Suffolk Couuty Preservation Partnership Program whereby Suffolk County may appropriate au amount equal to 50% of the total cost of acquisitiou; or uuder the Suffolk County Grecnways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk April 25, 2000 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of tf Agricultural L~nds Preservation Law of the Town of Southolc constituting Chapter 25 of the Southold Town Cede, the Town Board ¢ the Town Southold will hold a public hearing on the 9th day of Ma~ 2000 at 5:00 P.M., at the Southold Town Hall, 53095 Main Roac~ 5outhold, New York, on the question of the acquisition by the Town ¢ Southold of approximately fifty six point nine (56.9) acres of th agricultural lands of the property of Ann Marie Goarler, at the price ¢ $11,600.00 per acre, SCTM~ 1000-96-3-~1-.1; 1000-96-3-5; 1000-96-2-1 located on of Cox Lane, Cutchogue, New York. FURTHER NOTICE IS HEREBY GIVEN that the file containing more detailed description of the aforementioned parcel is available i the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road Southold, New York, and may be examined by any interested person during normal buslnesf, hours. Dated: April 25, 200t~". ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE ON MAY a,, 2000, AND FORWARD ONE (1 AFFIDAVIT O5 PUBLICATION TO ELIZABETH A. NEVILLE, TOWI CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the f~llowing: The Suffolk Times Town Boqrd Members Town Att~)rney Town Clerk's Bulletin Board Ann Mari~ Goerler Land Preiervation Committee HAY 5 2000 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 1st day of Mny 20(~0 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk~s Bulletin Board~ Southold Town Hallr 53095 Main Road~ Southold~ New York. Legal Notice - Notice of Hearing - Agricultural Lands Preservation Law 5:00 P.M., Tuesday, May 9, 2000 a public hearing will be held on the question of the acquisition of property of Ann Marie Goerler. ~lizabeth A. NeVille Southold Town Clerk Sworn to before me this Mn,v , 2000~· U N~tary ' No. 4952246 Suffolk County ;erm E~ res June 12, ~,~. =oI PUBLIC HEARING May 9, 2000 5:00 P.M. ON THE ACQUISITION OF DEVELOPMENT RIGHTS OF GOERLER, SCTM #1000- 096-03-004.1 & 005 AND 096-02-11, COX LANE, CUTCHOGUE, NEW YORK Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: The first heating is on acquisition of development rights and it will be read by Councilman Murphy. COUNCILMAN MURPHY: Notice is hereby given that pursuant to the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 9th day of May, 2000 at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of approximately fifty six point nine (56.9) acres of the agricultural lands of the property of Ann Marie Goerler, at the price of $11,600.00 per acre, SCTM #1000-96-3-4.1; 1000-96-3-5; 1000- 96-2-11 located on Cox Lane, Cutchogue, New York. Further Notice is hereby given that th4e file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by an interested persons during normal business hours. Dated: April 25, 2000. Elizabeth A. Neville, Southold Town Clerk." It has been filed and posted on the bulletin board of the Town Clerk, and an affidavit that it has been published in the paper. There is correspondence on the file, but I think the Chairman of the committee is going to read that correspondence. SUPERVISOR COCHRAN: I believe we had several other pieces of correspondence. TOWN CLERK NEV1LLE: Not on this one. It was on the other one. SUPERVISOR COCHRAN: Okay. That's it? Goerler 2 COUNCILMAN MURPHY: That's it. SUPERVISOR COCHRAN: You have heard the reading of the public notice hearing on the purchase of development rights on the property of Goerler, and I would ask if anyone would like to speak in favor or opposed, and I will start first with the Chairman of the Land Preservation Committee, Mr. Ryan. DICK RYAN: Good afternoon, ladies and gentlemen. I am here to speak on behalf of the proposal to purchase development rights on property owned by the Trustees of Ann Marie Goerler Revocable Living Trust. The tax map numbers are Section 96 block 2 lot 11 and 96 block 3 lot 4.1 and 5. I serve as Chairman of the Southold Town Land Preservation ' Committee. I have a map here, produced by the gracious assistance of the town staff, which outlines in red the subject parcels that are the subject of this hearing. These properties are located in the hamlet of Cutchogue. This farm, consisting of three parcels is approximately 58.9 acres in size. It has frontage on both the east and west sides of Cox Lane, and the north and south sides of the Long Island Railroad. The farm is zoned Agricultural-Conservation, which permits single family residential development, but intends to control development of open lands, which are agriculturally productive. The Haven Loam soil classification of this farm reflects it's high agricultural productivity. The three parcels are currently in product as an open vineyard. The owner proposes to reserve about two acres from the proposed development fights easement. This two-acre reservation would be in the parcel on the west side of Cox Lane south of the railroad tracks. These farm parcels represent a link in a chain of agricultural land parcels long this particular part of Cutchogue that the Town and Suffolk County Farmland Preservation Programs have identified for possible purchasc and preservation. The preservation of this farmland parcel will serve to enhance effoi'ts of consolidating large blocks of important productive agricultural lands in the town. Southold Town and Suffolk County now own development rights easements over eighty-eight contiguous acres east of the Goerler parcel that is on the east side of Cox Lane. That is the properties you see outlined in green. Southold Town Planning Board has been consulted, and has expressed no objections to the proposed purchase. The purchase price is $11,600.00 an acre, totaling approximately $659,000 for 56.8 acres of the farm subject to the results of an acceptable survey. The market value of this proposed purchase reflects in part the development potential and location of the property. The value of the purchase is supported by March 2000 appraisal independently prepared by Given Associates of Hauppange. A survey of the parcel will be accomplished and is subject to adoption by the Land Preservation Committee, prior to any completion of this proposed purchase. Because of its agricultural value, its located and its proximity to other existing productive farmlands, this property has a high eligibility for preservation. The Land Preservation Committee is unanimous in recommending this development rights purchase. The purchase will most certainly preserve and continue a rural character element of Cox's Lane in the Hamlet of Cutchogue, specifically and in the Town, in general. On behalf of the Land Preservation Committee I urge the Town Board to accept the offer of Development Rights to approximately 56.8 acres of this farm to be presented on an approved survey, and to resolve to purchase the same pursuant to the provisions of Chapter 25 of the Town Code, entitled, Agricultural Lands Preservation. Goerler 3 SUPERVISOR COCHRAN: Thank you, Mr. Chairman. Anyone else like to address the Town Board in relation to the purchase of these development rights? (No response.) If no, I deem the heating closed. Southold Town Clerk S E P U R C H A S E R E S O L U T I O N ') ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS iS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON ON MAY 9, 2000: RESOLVED that the Town Board of the Town of Southold hereby issues a Negative Declaration pursuant to the SEQRA Rules and Regulations with respect to purchasing the Development Rights of Ann Marie Goerler; and be it FURTHER RESOLVED that the Town Board hereby authorizes Supervisor Jean W. Cochran to execute any and all necessary documents to purchase the development rights of Ann Marie Goerler known as SCTM If 1000-096-03-4.1; 1000-96-3-5; and 1000-96-2-11. C~ntalning approximately 56.9 acres at a purchase price of $11,600.00 per acre. Elizabeth A. Neville Southold Town Clerk May 9, 2000 ) ) Appendix C Stale 5,qvironmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Pot UNLISTED ACTIONS Only PART i--PROJECT [NFORMATION (To be completed by Applicant or Project sponsor) SE Southold Town Lsnd Preservation Comm Development RiChts Purchase-Goerl~ ~umc:..,,y Town of Southold cou.n, Suffolk 3975 Cox Lane, Cutchogue, 3175 Cox L~ne Cutchogue, 1400 Cox Lane, Cutchogue SCTN #1000-096-03-004.1 & 00~ and 096-02~011 Purchase of Development Rights to approx. 56,9 acres of a D-parcel, 58.9-acre farm. ~ Ye~s ~-] No ;! Na, ~esc~'Ibe ~tei~y °"~=~mixed neighborhood of residential and agricultural uses. :0. ~C;ES ACTION INVOLVE A PC-RMIT APPROVAL. OR FdNDIN~ NCW OR UL~MA~T FROM ANY O~H~q GOVeRNMeNTAL AG~N~ il. OOED ,'ecr ,%s-':.c_c; oF T~E ACTION HXV~ X CUR~ENTI.'f VAUD PE~':U~4n' O~ APPROV^-~ Approval to neKotlate -purchase of Development Rights. 12. AS A RE~UI.T OF PROP<~SED ACT1ON WIlL -;~(]~NG P--cRMmA~PRQVAI. REQUIRE I C~FY ~'~IAT ,'HE iNFORMATION PROVIDED ABOVE {S TRUE .-Q THE ~E=--7 OF M'~ KNOW~ -'~' GE /~/~Richard C. Ry~Chairman, Land Pres. Comm~ April,19, ! tf the ~ctJo~l Js in the Coastal Area, and you are a state ac. ency, complete the CoastaJ Assessment Pon11 before proceedJmg with thJs assessment OVER ~ART II--ENVIRONM~. )AL ASSESSMENT (To be comoie',ed ~y Age ;) None. None PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) 'E~ca effect ~nould be assessed in COnnection with its (a) setting (i.e. uroan or rural); (b) pro~aoliity of oncumng; (c) durat I--~ Check :his bOX if yOU have identified one or more potentially (arge or sighiflcant adverse' impacts which occur. Then proceed directly to the FULL FAF ancot prepare a positive declaration. ~J~ Check this box if you have determined, basect on the information and analysis adore and any succor' documentation, that the proposed ac,ion WILL NOT result in any significant adverse environmental imp; AND provide on attachments as necessary, the reasons sue0orting this determination: Jean W. Cochran S~pe~r~,isor/ J · 2 C L O S I N G S T A T E M E N T CLOSING STATEMENT THE ANN MARIE GOERLER REVOCABLE LIVING TRUST to TOWN OF SOUTHOLD Total Parcel Acreage = 58.8822 acres Total Easement Acreage = 56.55 acres Reserve Area = 2.3323 acres $11,600.00/acre Premises: 3975, 3175 & 1400 Cox lane, Cutchogue, NY SCTM #1000-96-2-11 and 1000-96-3-4.1 & 5 Closing held March 5, 2001 in Conference Room at Southold Town Hall Purchase Price of $ 655,980.00 (56.55 acres @ $11,600/buildable acre) disbursed as follows: Payable to The Ann Marie Goerler Revocable Living Trust Check #061043 (3/5/01) $ 655,980.00 Expenses of Closing: Appraisal $ 1,900.00 Payable to Given Associates Check #056560 (4/11/00) Survey $ 6,000.00 Payable to Peconic Surveyors, P.C. (7/2000) Environmental Report $ 1,500.00 Payable to Nelson, Pope & Voorhis, LLC Check #059626 (11/28/00) Title Report $ Payable to Stewart Title Insurance Company Check #061045 (315/01) Fee insurance $2,900.00 Recording deed $ 103.00 3,003.00 Title Closer Attendance Fee $ 50.00 Payable to Karen Hagen,Esq. Check #061044 (315/01) Those present at Closing: Brian J. Murphy Gregory F. Yakaboski, Esq. Ronald Goerler Peter S. Danowski, Jr., Esq. Karen Hagen, Esq. Melissa Spiro Southold Town Deputy Supervisor Southold Town Attorney Seller - Trustee to Living Trust Attorney for Sellers Title Company Closer Land Preservation Coordinator PAYTO TH~ @F #20260 THE ANN MA~iE GOERLER REVOCABLE LIVING TRUST /2001 CHECK #061043 H3.8660.2.600.100 030501 DEVELOPMENT RIGHTS-56.55 655,980.00 ACRES TOTAL **$655,980,00' TOWN OF SOUTHOLD · SOUTNOLD, NY 11971-0959 PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (516) 360-3474 FAX 360-3622 March 9, 2000 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Appraisal of property of The Trustees of the Ann Marie Goerler Revocable Living Trust Located Southerly and Easterly sides of Cox's Lane, Cutchogue, NY S.C.T.M. #1000-96-3-4.1 & 5 and #1000-96-2-11 $1,900.00 File #2000135 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ............................ - Begi 2/18/1999 2/18/1999 H1 .600 .............. Detail--GL100N .... : W-04112000-762 Line: 154 Formula: : Account.. H2 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/11/2000 SDT 4/12/0 : Trx Amount... t,900.00 : Description.. APPRAISAL-GOERLER .Y, Select Record(s) 4/11/2000 4/11/2000 H2 .600 ......................... Use Acti or Use Action Code 10/12/1999 10/12/1999 H1 .600 : Vendor Code.. 007416 10/12/1999 10/12/1999 H1 .600 : Vendor Name.. GIVEN, SRPA/PATRICK A. 10/12/1999 10/12/1999 H1 .600 : Alt Vnd.. 10/12/1999 10/12/1999 H1 .600 : CHECK ........ 56560 SCNB 10/26/1999 10/26/1999 H1 .600 : Invoice Code. 2000135 10/26/1999 10/26/1999 H1 .600 : VOUCHER ...... 3/14/2000 3/14/2000 H2 .600 : P.O. Code .... 06688 3/14/2000 3/14/2000 H2 .600 : Project Code. 3/14/2000 3/14/2000 H2 .600 : Final Payment F Liquid. 3/14/2000 3/14/2000 H2 .600 : 1099 Flag .... 7 3/14/2000 3/14/2000 H2 .600 : Fixed Asset.. N 3/14/2000 3/14/2000 H2 .600 : Date Released 4/11/2000 3/14/2000 3/14/2000 H2 .600 : Date Cleared. 4/30/2000 : F3=Exit F12=Cancel F21=Image : PECONIC SURVEYORS, P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 516-765-5020 JUNE 23, 2000 SOUTHOLD TOWN LAND PRESERVATION COMMITTEE P.O. BOX 1179 SOUTHOLD, NY 11971 JOB #: 00-187 FOR PROFESSIONAL SERVICES RENDERED: SURVEY OF PROPERTY AT CUTCHOGUE, NY S.C. TAX #: 1000-96-03~4.1 & 1000-96-02-11 FEE: $ 6,000.00 Phone: 631-427-5665 ~Y 11747 Fax: 631-427-5620 Invoice Property: 00306 Project: VA378 Cox Lane Property Manager McGinn, Steven To: Town of Southold Plannine Town Hail, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Invoice #: 61 Invoice Date: October 31, 2000 PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500.00 MAKE CHECKS Professional Services for the Period: 7/1/00 to 10/24/00 Prepare Phase I Environmental Site Assessment Specified Fee: $1,500.00 *** Total Project Invoice Amount $1,500.00 All inv oic es are due net 3O days. A late charge of l.~ per rnonth ~ill be added to any unpaid balance afler 3O days. Please make all checks payable to ~,ELSON POPE & VOORHIS Please include invoi~ number on check GL1095 40 FIN TOWN OF SOUTHOLD Encumbrance Inquiry by vendor vendor Name ....... Vendor Number ..... 014161 S H P,O,# Fund Account P,O.Date ......................... Use ACtion 06951 07264 07268 07271 07299 S 07300 07501 07559 07762 07763 07908 07930 H3 B B B H3 H3 B H1 H2 B H3 NELSON, POPE & VOORHIS, o5/25/oo 08/22/00 09/06/00 09/29/00 11/09/00 11/09/00 12/31/00 12/01/00 02/06/01 02/22/01 03/05/01 03/09/01 8660.2.500.200 8020.4.500.300 8020.4.500.300 8020.4.500.300 8660.2.600.100 8660.2.600.100 8020.4.500.300 8686.4.000.000 8686.2.000.000 8660.2.600.100 8020.4.500.300 8660.2.600.100 ................................ End * * * * * * Full P.O. Code 07300 Account.. H3 Description.. P.O. Date .... order Amount. Liquidated... outstanding.. Amount Paid. vendor Code.. vendor Name.. Pro~ect Code. # of Payments Last Pay Date Last Check #. Last Pay Amt. Last Invoice. Detail * * * * * * * * Last chg 11/15/2000 .8660.2.600.100 ESA-GOERLER 96-2-11,96-5 11/09/2000 1,500.00 1,500.00- .00 1,500.00 014161 NELSON, POPE & VOORHIS, 1 11/28/2000 59626 1,500.00 61 file ................................ B/F/L/R/. ACTION?, , ii,or=~,Ol~511, ,:08;,L, DSI~=L,,: r~:; OOOOOt, 0~' H3.8660.2.600.100 CO. 030501 f200I CHECK ~061045 TITLE FEES-GOERLER RECORD DEED-GOERLER 2,900.00 103.00 TOTAL **$3,003.00** TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ORDER~ ,, %.~§:,K~RWtN BOlfLEVARD ,'Ogi, OI, L,,' ~:08;,I, 05~,&1,,: g=, OOOOOl~ O,' H3.8660.2.600.100 030501 CLOSER FEE-GOERLER 50.00 TOTAL **$50.00** TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD N~m~er of Pages: 9 TRANSFER TAX NUMBER: 00-31325 District: 1000 Deed Amount: Received the Following Fees For Recorded: At: LIBER: PAGE: Section: Block: 096.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Above Instrument Exempt Page/Filing $27.00 COE $5.00 EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Comm. Pres $0.00 00-31325 TRANSFER TAX NUMBER: THIS PAGE IS NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT 03/22/2001 02:44:35 PM D00012109 277 Lot: 011.000 Exempt $5.00 NO $5.00 NO $5.00 NO $31.00 NO $0.00 NO $103.00 Edward P.Romaine County Clerk, Suffolk County TOWN AI'I'ORNEY'S OFFICE TOWN OF soUTHOLD Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 4 I FEES Page / Filing Fee 5 - Handling Notation (County) Sub Total q EA-52 EA-5217 (State) Comm. of Ed. 500 Affidavit Certified Copy Sub Total Other GRAND TOTAL 103 RECORDED 2001 Mar 22 02:44:35 Recording / Filing Stamps Mortgage Amt. 1. B~sic Tax 2. Additional T~x Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County __ Held for Apportionment __ Transfer Tax (~ Mgnsion Tax Tl~: proper~ covered by this mortgage will be improved by a one or two ff ~lwelling only. YES or bio If NO, see appropriate tax clause on p~ of thls instrument. Real Property Tax Service Agency Verification Dist. Section B lock Lot Satisfactions/Discharges/Releases List Property Owners Mailing Addres~ RECORD & RETURN TO: ' Preservation Fu Consideration Amount $ {~5'5'.~'d' CPF Tax Due $ Improved -- Vacant Land TD TD TD Title Company Information ICo. N a m e ~:q~ t.O OIq ~.;~,/~.q Title Suffolk County Recording & Endorsement Page TNs page forms part of the attached ~)e ~ ,~Jfi b~.t/~j'.~/or','7-g/'7 p ~t~/~,t4~ZX (SPECIFY TYPE OF INSTRUMESN~ The premises herein is simated in SUFFOLK COUNTY, NEW YORK. In the To,reship of ,~o t/4L/~v./~_/ In the VILLAGE orHAMLETof ~.t.-~:y~r~- made BOXES 5 THRU 9 MUST BE TYPED OR PRINIED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 5th day of March, 2001, BETWEEN THE ANN MARIE GOERLER REVOCABLE LIVING TRUST, at 2425 Cox's Lane, Cutchogue, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road (Route 25), Town of Southold, Cou.~ty of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of Six hundred fifty-five thousand nine hundred eighty ($655,980.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, D©ES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL I: BEGINNING at a point marking the intersection of the westerly line of Cox's Lane and the southerly line of the land of The Long Island Rail Road; RUNNING THENCE along said westerty line of Cox's Lane the following two (2) courses and distances: 1.. south 44 degrees 26 minutes 20 seconds East, 304.16 feet; and ;2. south 44 degrees 21 minutes 30 seconds East, 351.90 feet to other land of the party of the first part; THENCE south 50 degrees 54 minutes 20 seconds west, 351.02 feet; THENCE south 44 degrees 21 minutes 30 seconds east, 237.74 feet; THENCE north 48 degrees 00 minutes 40 seconds east, 139.74 feet; THENCE south 38 degrees 43 minutes 00 seconds east, 404.48 feet to land now or formerly of Clover; RUNNING THENCE along said land now or formerly of Clover, south 48 degrees 23 minutes 10 seconds west, 344.40 feet to land of Imbriano; RUNNING THENCE along said land of,~mbriano, the following two [2] courses and distances: 1. north 45 degrees 01 minutes 10 seconds west, 133.64 feet; and 2. south 47 degrees 13 minutes 10 seconds west, 394.22 feet to land now or formerly of George and .lohn Stark; · RUNNING THENCE along said land the following two [2] courses and distances: 1. north 44 degrees 44 minutes 00 seconds west, 695.93 feet; and 2. south 52 degrees 56 minutes 50 seconds west, 631.36 feet to land now or formerly of Scott; RUNNING THENCE along said land now or formerly of Scott, north 43 degrees 17 minutes 50 seconds west, 739.94 feet to land of The Long Island Railroad; RUNNING THENCE along said land of The Long Island Railroad, the following two [2] courses and distances: 1. north 59 degrees 49 seconds 30 seconds east, 1,032.59 feet; and 2. north 59 degrees 56 minutes 00 seconds east, 624.16 feet to the point or place of BEGINNING. 2 PARCEL II: BEGINNING at a point marking the intersection of the easterly line of Cox's Lane and the southerly I)ne of land of The Long Island Rai)rOad~ from said of beginning; RUNNING THENCE along land of The Long Island Railroad north 59 degrees 51 minutes 10 seconds east 341.41 feet to land of Palmer V)ne$ LLC; RUNNING THENCE among said )and of Palmer Vines LLC, the following three [3] courses and distances: 1. south 47 degrees 22 minutes 00 seconds east, 609.69 feet; 2. south 38 degrees 22 minutes 20 seconds west, 28.30 feet; 3. s.outh 44 degrees 21 minutes 50 seconds east, 759.41 feet to )and now or formerly of G)over; THENCE south 49 degrees 18 seconds 30 seconds west a~ong said )and now or former(y of G)over, 335.18 feet to the easter)¥ ~)ne of Cox's Lane; RUNNING THENCE among the easterly )ine of Cox's Lane, the fo~)owing two [2] courses and d~stances: 1. north k)4 degrees 21 minutes 40 seconds west, 1,141.72 feet', and 2. north 44 degrees 26 minutes 20 seconds west, 292.50 feet to the point or place of BEGINNING. PARCEL III: BEGINNING at a point marking the intersect on of the westerly line of Cox's Lane and the norther)y line of land of The Long I~land Railroad, from said point of beginning; RUNNING THENCE along said northerly line of land of The Long Island RailroaJ, south 59 degrees 50 minutes 50 seconds west, 625.17 feet to land of Pietrewicz; RUNNING THENCE along said land of Pietrewicz, north 44 degrees 28 minutes 20 seconds west, 562.18 feet to other land of Pletrewicz; RUNNING THENCE along said ol~her la.0d of Pietrewicz, north 42 degrees 15 minutes 20 seconds east, 616.16 feet to the westerly line of Cox's Lane; RUNNING THENCE along the westerly line of Cox's Lane, south 43 degrees 45 minutes 20 seconds eastv 752.03 feet to the point or place of BEGINNING. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, 3 that the parcels of real property described herein are open agricultural lands actually used in bona fide agricultural production as defined in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. 4 THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of !i~e first part covenants and agrees that it shall indemnify 'and hold party of the sacond part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non- 5 compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 6 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the prov, is~ons of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: Purchaser: The Ann M..~Goer~ Revocable Living Trust Ronald G~oerle'r, Tr~'stee By: B'ria41 G. Murphy, D~u~ Town S~ ~pemisor 6 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: RECORDED 2001 Mar 22 02:44:35 PM Edward P.Ro~aine CLERE OF SUFFOLK COUNTY L D00012109 P 277 DT~ 00-31325 On the 5th day of March, 2001, before me personally appeared RONALD GOERLER, 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 Trustee of The Ann Marie Goerler Revocable Living Turst, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New YO~ No, 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 5th day of March, 2001, before me personally appeared BRIAN G. MURPHY, 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 Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public ~ (.~ KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County ~,ommi~ion Expires March 21, 20 Z~,'7-% T I T L E P 0 L I C Y ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSIIRANCE Commonwealth A LANDAMERICA COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I, Title to the estate or interest described in Schedule A being vested other than as stated therein; 2, Any defect in or lien or encumbrance on the title; 3, Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as in~ured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary President EXCLUSIONS FROM COYERAGE The following matters are expressly excluded from the coverage of th~s pohcy, and the Company wdl not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited :o building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; {c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent'to Date of Policy; or (e) resulting in loss or danrage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PAIO ALTA Owner's Policy (10-17-92) Valid Only If Schedules A and B and Cover Are Attached Form 1190-1 Face Page ORIGINAL Commonwealth $CHEDULE A File No.: RH80002739 Amount of Tnsurance: $655,980,00 Date of Policy: March 5f 2001 Policy No.: RH80002739 Name of Tnsured: THE TOWN OF SOUTHOLD The estate or interest in the land which is covered by this policy is: Development Rights Title to the estate or interest in the land is vested in: THE TOWN OF SOUTHOLD By deed made by THE ANN MARZE GOERLER REVOCABLE LZVING TRUST to the INSURED dated March 5, 2001 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: Authorized Off~cer or Agent Fee Policy Insert MAR. 5.2001 10:49RM ~v.oo~ ~.~c rile No.: RHEOOO273g SCHEDULE B Exceptions from Coverage This polio/does net Insure agalllSt leu or damage (and the Company will not pay costs, attorneys' fees or expenses) which erise by reason of the following: Rights of tenants or persons In possession, 2, Terms, Covenants, Conditions and previsions of Development Rights contained In the deed to be recorded from the Certified owners herein to the ToWn of $outhoid. 3. R.O.W, recorded in Libor 6753 page 245, 4, R.O.W, recorded In Uber 2554 page 370, Terminated by Agreement recorded in Uber ~.1966 page 683. Amended R,O.W. Agreement recorded in Uber 11966 page 683. 5. Agricultural Commitment recorded in Ubar 8633 page 368 [affects part of Tax Lot 004,00[]. a Comm truant recorded In Libor 9363 page 582; L bar 9571 page 27.9; Libor 9794 page G. Agricultur I ........ .=~ qn~O~ none 468 [affects Tax Lot 004.00:1]. 554; Libor 10042 page z~.u anu wu=,, .... . ~ 7. AgHclJItural Commitment recorded in Uber 9365 page S84; Llber 957[ page 28t; Uber 9794 page S48; Uber [0042 page 2[4 and libor [0292 page 472 [affects Tax Lot 005.000]. 8. Agricultural Commitment recorded in Uber 9363 page 580; tiber 957[ page 277; Uber 9794 page 552; libor [0042 page 212 and Libor 10292 page 450 [affects Tax LOt 011.000], 9, Unpaid water charges to date, if an¥~ 10. 2~d half 2000/0:1 town and school taxes. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation wltl terminate immediately upon the transfer of tiUe to the Insured. Policy excepts the lien of restored taxes, plus penalty and interest, If any. 12. Survey made by Peconic Surveyors, P.C. last revised September 13, 2000 showS: PARCEL ! - improved with vineyards, pastures, orchard fields and cultivated fields, (a) pole I~am situated thereon. No encroachments shown. pARCEL [! - Improved with vineyards, ([) edges of weeds straddle northeasterly tine. No other variationS shown, PARCEL 7.~! - improved with vineyards and cultivated fiords, ([) woods area straddles northwesterly portion of premise~, (2) variations in courses and distances along northeast and southwest lines between deed and actual, No ether variations shown, Fee Policy Insert File No.: R1:180002739 SCHEDULE A - DESCRI'PTI'ON AMENDED 10/18/2000 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: PARCEL I: BEGINNING at a point marking the intersection of the westerly line of Cox's Lane and the southerly line of the land of The Long Island Rail Road; RUNNING THENCE along said westerly line of Cox's Lane the following two (2) courses and distances: 1. south 44 degrees 26 minutes 20 seconds East, 304.16 feet; and 2. south 44 degrees 21 minutes 30 seconds East, 351.90 feet to other land of the party of the first part; THENCE south 50 degrees 54 minutes 20 seconds west, 351.02 feet; THENCE south 44 degrees 21 minutes 30 seconds east, 237.74 feet; THENCE north 48 degrees 00 minutes 40 seconds east, 139.74 feet; THENCE south 38 degrees 43 minutes 00 seconds east, 404.48 feet to land now or formerly of Glover; RUNNING THENCE along said land now or formerly of Glover, south 48 degrees 23 minutes 10 seconds west, 344.40 feet to land of Imbriano; RUNNING THENCE along said land of Imbriano, the following two [2] courses and distances: 1. north 45 degrees 01 seconds 10 minutes west, 133.64 feet; and 2. south 47 degrees 13 minutes 10 seconds west, 394.22 feet to land now or formerly of George and John Stark; RUNNING THENCE along said land the following two [2] courses and distances: 1. north 44 degrees 44 minutes 00 seconds west, 695.93 feet; and 2. south 52 degrees 56 minutes 50 seconds west, 631.36 feet to land now or formerly of Scott; RUNNING THENCE along said land now or formerly of Scott, north 43 degrees 17 minutes 50 seconds west, 739.94 feet to land of The Long Island Railroad; RUNNING THENCE along said land of The Long Island Railroad, the following two [2] courses and distances: 1. north 59 degrees 49 seconds 30 seconds east, 1,032.59 feet; and 2. north 59 degrees 56 minutes 00 seconds east, 624.16 feet to the point or place of BEGINNING. Fee Policy Insert Policy/File No: 8000~739 · PARCEL II: BEGINNING at a point marking the intersection of the easterly line of Cox's Lane and the southerly line of land of The Long Island Railroad, from said of beginning; RUNNING THENCE along land of The Long Island Railroad north 59 degrees 5! minutes :~0 seconds east 341.4~L feet to land of Palmer Vines LLC; RUNNING THENCE along said land of Palmer Vines LLC, the following three [3] courses and distances: 1. south 47 degrees 22 minutes 00 seconds east, 609.69 feet; 2. south 38 degrees 22 minutes 20 seconds west, 28.30 feet; 3. south 44 degrees 2:1 minutes 50 seconds east, 759.4:1 feet to land now or formerly of Glover; THENCE south 49 degrees :18 seconds 30 seconds west along said land now or formerly of Glover, 335.:18 feet to the easterly line of Cox's Lane; RUNNING THENCE along the easterly line of Cox's Lane, the following two [2] courses and distances: :1. north 44 degrees 21 minutes 40 seconds west, 1,:14:1.72 feet; and 2. north 44 degrees 26 minutes 20 seconds west, 292.50 feet to the point or place of BEGINNING. PARCEL III: BEGINNING at a point marking the intersection of the westerly line of Cox's Lane and the northerly mine of land of The Long Island Railroad, from said point of beginning; RUNNING THENCE along said northerly line of land of The Long Island Railroad, south 59 degrees 50 minutes 50 seconds west, 625.17 feet to land of Pietrewicz; RUNNING THENCE along said land of Pietrewicz, north 44 degrees 28 minutes 20 seconds west, 562.:18 feet to other land of Pietrewicz; RUNNING THENCE along said other land of Pietrewicz, north 42 degrees 15 minutes 20 seconds east, 616.16 feet to the westerly line of Cox's Lane; RUNNING THENCE along the westerly line of Cox's Lane, south 43 degrees 45 minutes 20 seconds east, 752.03 feet to the point or place of BEGINNING. ALTA Owner's Policy Schedule A - Description Date Printed February 28,; Common, w ealt_ h File No.: RH80002739 STANDARD NEW YORK ENDORSEMENT (OWNER'S POL'rCY) A'I-rACHED TO AND MADE A PART OF POLICY NO. RH80002739 ISSUED BY COMMONWEALTH LAND TI'TLE 1'NSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: March 5, 2001 Issued at: Commonwealth Land Title ]~nsurance Company 177 Old Country Road~ PO Box 419 Rlverhead, NY 11901 Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean (al "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operalion of [aw as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors, (b) "insured claimant": an insured claiming loss or damage (c) "knowledge" or "known": actual know[edge, nm conslruclive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land (d) "land": the land described or retkrred to in Schedule A. and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limd the extent to which a right of access to and from the land is insured by this policy (el "mortgage": mortgage, deed of Irust, trust deed, or other security instrument (t) "public records": records established under state statutes at Date ol Policy for Ibc purpose of imparting constructive notice of matters relating lo rea[ property to purchasers for value and without knowledge With respect to Section l(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmenml protection liens filed in the records of the clerk of the United States district court for Ihe districl in which the land is located. (gl "unmarketability of the title": an alleged or apparent matter affecting the title to the land. not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A Io be released from the obligation ~o purchase by virtue of a contractual condition requiring the delivery of marketable title 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Dale of Policy m favor of an insured only so long as the insured retains an estate or ~nterest in the [and, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest This policy shall not continue in force in favor of any purchaser fiom Ihe insured of either (il an estate or interest in the [and, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (il in case of any litigation as set forth in Section 4(al below, 0il in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insure& and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to nofify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (al Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shah provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the righl of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees. costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it sb~u do so diligently~ (c) Whenever }he Company shall have brought an actlon or interposed a defense as required or permitled by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company Io prosecute or provide for the defense of any actmn or proceeding, the insured shall secure Io the Company the right to so prosecute or provide defense in the actton or proceeding, and all appeals therein, and permit the Company to use, at ~ts option, the name of the insured for this purpose Whenever requestcd by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any actmn or proceeding, securing evidence, oblaining witnesses, prosecutmg or defending the action or proceeding, or effecting setHement, and (ii) in any other lawhd acl which in the opinion of the Company may be necessary or desirable to eslablish the tide Io Ihe estate or interesl as insured If the Company is prejudiced by the failure of the insured Io furnish Ibe required cooperation, the Company's obligahons to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any Idigation, with regard to Ibc matter or matters requiring such cooperalion 5. PROOF OF LOSS OR DAMAGE. In addition to and after Ihe notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimanl shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes Ihe basis of loss or damage and shall state, to Ihe extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liabilily or obligation to defend, prosecute, or continue any litigation, with regard Io the matter or malters requiring such proof of loss or damage, In addilion, the insured claimant may reasonably be required to submil to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representalive of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date befole or after Date of Policy, which reasonably pertain Io the loss or damage. Further, if requesled by any authorized represenlalive of the Company , the insured claimant shall grant its permission, in writing, for any aulhorized representative of the Company to examine , ~nspect and copy all records, books, ]edgers, checks, correspondence and memoranda in the custody control of a third party, which reasonably perlain to the loss or damag,. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to DP,ers unless, in Ihe reasonable judgemenl of the Company. it is necessary in administration of the claim. Failure of the insured claimant Io submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: la)To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the amount of insurance under this po]icy together with any costs, atlorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of paymant or tender of payment and which the Company is obliga- ted to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than Io make the payment required, shall terminate, including any liability or obligahon to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle wilh other parlies for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the }nsured claimant the loss or damage provided for under this policy, together with any costs, attorneys~ fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigatign. C~..~tions and Stipulations Continued Inside Cover CONDITIONS AND STIPULATIONS (Continued) · . 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least off (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or intercsl subject to the defect, lien or encumbrance insured againsl by this policy. (b) In thc event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land. whichever is less. or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of thc insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: ti) where no subsequent improvement has been made. as to any partial loss. the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the torsi value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made. as to any partial loss. the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate. 10 percent oftbe Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site. and a loss is established affecting one or more of thc parcels but not ail. the loss shall be computed and settled on a pro rata bas.s as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsemenl attached to Ihis policy. 9. LIMITATION OF LIABILITY. (a) Il' the Company establishes the tide, or removes the alleged defect. lien or encumbrance, or cures the lack of a right of access to or from the land. or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage mused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall nol be Iiable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILI'[W. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall bc reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insmed and which is a charge or lien on the estate or interest described or refetxed to in Schedule A. and the amount so paid shall be deemed a payment under this policy to the insured owner 12. PAYMENT OF LOSS. (a) No payment shall be made wit houl producirlg th is polio)r for endorsement of thc payment unless Ibc po]icy bas been lost or deslroyed, in which case proof of loss or deslruction shall be furnished to the satislaceon of Ihe Company. NM 1 PA 10 ALTA Owner's Policy (10-17-92) fixed in accordance with these Conditions and Stipulations, Ihe loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entilled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permil the Company 1o sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shal} not void this policy, but the Company, in that event, shall be required ~o pay only that part of any losses insured against by Ihis policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, withom limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law. either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include. but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a po]icy provision or other ~bligation. Ali arbitrable matters when the Amount of Insurance is $1.0{,0 000 or less shall be arbitrated a the option of either the Company or ke insured. All arb~ table matters when the Amount of Insurance is in excess of $I.000,000 shall be arbitrated only when agreed to by both the ¢ompany and the insured. Arbitration pursuant to this policy and under thc Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shah be binding upon the parfies The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereoL The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any. attached hereto by the Company is the entire policy and contract between the insured and the Company [n interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title Io the estate or interest covered hereby or by any action asserting such claim, shall be restricted Io this policy, (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached herelo signed by either the Presiden, a Vice Presiden, he Secretary. an Asses an Secre ary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of tbe policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shalI include the number of this policy and shall be addressed to: Consumer Affairs Department, RO. Box 27567. Richmond, Virginia 23261-7567, Form 1190-3 Cover Page Valid Only If Face Page, Schedules A and B Are Atlacbed NEW YORK OFFICES [] NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 BUFFALO Cathedral Park Tower 37 Franklin Street, Ste 100 Buffalo, New York 14202 (716) 853-6800 GARDEN CITY 1325 Franklin Avenue, Suite 160A Garden City, New York 11530-1631 (516) 742-7474 NEW CITY 17 Squadron Boulevard, Suite 302 New City, New York, 10956 (845) 634-7070 ISLANDIA 1777-6 Veterans Mernodai Highway Islandia, New York 11722 (631) 232-3503 RIVERHEAD 177 Old Country Road Riverhead, New York 11901 (631) 727-7760 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 OWNER'S POLICY OF TITLE INSURANCE (10-17-92) A~EPJC~ [.~.~D TrrLs ASSOCL~T~ON Commonwealth Title Insurance Since 1876 Bl1~ A WORD OF THANKS ..... As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe ptace where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your Policy or you may write to: Consumer Affairs Department Commonwealth Land T le Insurance Company P.O. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 S U B 0 R D I N A T I O N A G R E E M E N T JOHN P. TAGGART, ESQ LAW OFFICES PETER S, DANOWSKI, 616 ROANOKE AVENUE P.O~ BOX 779 RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 May 8, 2001 Attn: Gregory F. Yakaboski, Esq. Office of the Town Attorney Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Ann Marie Goerler Revocable Living Trust to the Town of Southold Dear Mr. Yakaboski: I enclose herewith a copy of the Subordination Agreement, which was recently returned to our office and which was recorded in the Suffolk County Clerk's Office on March 22, 2001 in Liber 19841 Page 843 for your files. Very truly yours, Peter S. Danowski, Jr. PS,D~af/~ Enc. "~- 10_~h~_~o ~' $OUTHOLD SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument:' sUBORDINATION AGREEMENT N,,mher of Pages: 4 District: Section: Block: 1000 096.00 02.00 Recorded: At: LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT 03/22/2001 02:44:35 PM M00019841 843 Lot: 011. 000 F:xemp~ $5.00 NO $O.50 'NO $31.00 NO $53.50 Edward P.Romaine County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Page / Filing Fee Handling ~ -- TP-584 Notation EA-52 17 (County) EA-5~ 17 (State) R-P,T.S.A. Comm. of Ed. ~ O.O Affidavit Certified Copy Reg. Copy Other Deed / Mortgage Tax Stamp FEES __ s.b Tota, ../ 7..50 O NDTOT^L 55, 0 W Real Property Tax Service Agency Verification Dist. Section B lock "Lot RECORDED 2001 Mar 22 02:44:35 PM Edward P.Romaine CLERK OF SUFFOLK COUNTY L M00019841 P 843 Recording / Filing Stamps r Mortgage Pant. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town. Dual County- Held for Apportionment -- Transfer Tax Mansion Tax The prope~3, covered by this mortgage is or will be improved by a one or two family dwelling only. YES. or NO If NO, see appropriate tax clause on page # _ of this instrument. Conununity Preservation Fund Consideration Amount $. CPF Tax Due TD TD TD Title Company Information Suffolk County Recording & Endorsement Page TllJ $ page forli~ port of tl~ atlflgh~l oO ~g.~o/~/p.-/a~ ~ ~ b~.~O~ > made by: (SPEO~ ~E OF ~S~ ) TO In ~e Tomhp of ~/~/ BO~ 5 ~U 9 ~ST BE ~ OR P~D ~ BLACK ~ O~Y P~OR TO ~CO~G OR FIL~G. day of' ' February¢ ~"2001 THE ROSLYN SAVINGS BANK, a New York banking corporat'ion with offices at One Jericho Plaza, Jgrich~, New York 11753. as successor by ACquisition to Residential. First, Inc. peri7 of Ifle fl,'~t pa~ and TOWN OF SOUTHOLD Main Rbed $outhold. NY 11971 pa~ of tile second part. WITNE$$ETH: WHEREAS, Ifla said pa,'ly ~ the ~r~t pad now evins a~d holds Ihe fMow~g modgage and Ihe bond or note aeoJred thereby:, Mo~lgageda{edlfle 9th day of October 1997 madeby RONALD GOERLER and ANN MARIE GOERLER, as Trustees of the Ann Marie Goerler Revocable Trust RESIDENTIAL FI~RST, INC. In the pr~clpa] sum o~ $ 2~0,000 and receded In Ube~/Ree1197_55of Se~k~ of Ulodgages, Page 178 ~, ~vL~a~u ~umr. bER and.,-ANN ~RIE GOERLER, as Trustees of th~ Ann Marie Goerler Revocable Trust / , ~ ~s~( ~ ~ ~e p~ here~ m~l~ ~ ~ lo ex~e ~ d~ b ~a~ p~ ~ ~e .s~d p~ Deed of De~opmenf R~hfs ~ ~e Town of Sou~old. c~ ~ pr~Js~ d~b~ In $ch~ule A h~ (wh~h p~mls~ /s a ~on of ~e p~mlses cove~ by ~ s~ld me.gage) ~d rome ~ d~b~ ~ sam m~age, aM ~ER~, .M ~ M ~e se~d p~ h~ re~s~ ~ s~pl sa~ D~d of De~opment Rights unless * la~ m~ge h~ ~ ~e p~ ~ ~e ~t p~d ~ su~d~el~ ~ ~ ma~er ~a~er men~, = NOW TH~OR~ ~ ~aldem~m of ~e ~ ~ ~ Md~ sa~ pa~ ~ ~e ae~d p~ ~ ~ept lam ~ of De~opm~t Rfgh~ ~ ~so ~ ~n of ~e ~r pe~ ~ ~e p~ ~ ~e ~( pa~ a~ p~ ~ ~e ~ pad ~t ae~ m~ga~ ~d by ~ ~ ~ ~ ~l ~d ~ ~ shM ~finue to be ~N~ ~ s~ ~ ~e sa~ D~d of~opment Rlgh~ ~o~ lo ~ del~ to ~e pa~ ~ ~b ~m~( may ~ ~ ~ ~ t~ba(~ ~. ~M a~t shad ~ ~ ~um ~ ~ b~eN ~ ~e pa~ hem~, ~V r~p~e helm, ~ ~M~, e~s~ ~ ess~s. ~ ~ 'p~ sha~ be ~ aa E ~ read 'p~' ~e~ ~e s~e of ~ 8gm~t ~ ~u~. IH ~E88 ~E~OF, ~e sa~ p~ of ~e ~r~ p~ has du~ ex.ed ~ts a~em~t ~ day and ~r IN PflESEHCE THE ROSLYN SAVINGS BANK Fom~ '3293 On ~he day ~ ~ in the ye~' , before me, the un,effigieS, · Nou,*T Public ~ and for fltd State, per~onaJ|y personafly known to me or proved to me on the bash of $~sftcto~/evidence to ~ ~e ~d~(s) who~ n~s) b (~) ~b~n~ ~ ~e ~ ~t ~d ac~wlcdg~ to (sisnature and office of ~he pe~on t~kin s aclmowlcd~cnt) in the ~ , before me, thc ~n~d. · Not~ Public ~n and fo~ ~ SUfle. per,only On~rt the City or othe~ political subd?visio,~. ,~d ~ ~he SU.~ or Country o~ other pIw.~ SUBORDINATION AGREBMENT TITI2E NO. THE ROSLYN SAVINGS BANK TO TOWN OF SOUTHOLD (sl~twe and of~e of the per~m ~,~.],.o ack~owledgme~0 DI.~'. 1000 SECTION 096.00 : BU:~K 03.00 LOT ~o 004.001 COU~'YORTO Suf~lW$ou~oM COMMONWEALTH LAJqD TITLE INS. CO. TOWN OF $OUTHOLD Main Road Sou/hold, NY 11071 2001 Hat 22 02:44:55 PM Edward P.Romaine CLERK OF SUFFOLK COUNTY L M00019841 P 843 ALL that certain plol. piece or parcel of land, situate, lying and being at Cutchogue. in tile Town of Sou[hold. County of Suffolk and State of New York, bounded and described as follows: BEG INNING al a point on the wes[eM?' side of Cox's Lane at the southeastern corner of the premises herein described and the northeastern corner of land now or formerly of Goerler. said point bein~the · . following two (2) courses and distances as measured along said westerly line of Cox's Lane from Ihe corner formed by the intersection of the southerly line of[he Long Islaod Rail Road and Ihe westerly line of Cox's Lane; ( I ) South 44 degrees 26 minutes 20 seconds east ~04.16 feet; and (2) Soull~ 44 degrees 21 minutes 30 seconds east, 672.42 feet to the true point or place of beginning: RUNNING THENCE fi'om said true point or place ofbeginning south 48 degrees 00 minutes 40 seconds west along said land now or fom]erly of'Goerler. 220.00 feet; THENCE north 38 degrees 43 minutes 00 seconds west. 100.$9 feet; THE},~CE south 48 degrees O0 rninutes 40 seconds ',vest. 139.74 feet; THENCE north 44 de,orees 21 minutes 30 seconds west.,~37.74 feet: THENCE north ,~0 degrees 54 minutes 20 seconds east..~$1.0_ feet to the wes[ed;, line ofCox s Lane: TI-'ENCE south ,~'~ degrees 2' mint Ies 30 seconds east a]on~ said westerly line of Cox's Lane, 320.52 feet to [ne point or place of BEGINNING. - I N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS We are the owners of 56.5499 acres of active farmland and/or -0- acres of non- farmland, situated at Suffolk County Tax Map No. 1000-96-02-11, No. 1000-96-3-4.1, and No. 1000-96-3-5, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, we hereby waive our rights to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Prelect Sponsor TOWN OF SOUTHOLD By: B~ia~/G. Murphy, Deput~uj~ervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowners THE ANN MARIE REVOCABLE LIVING TRUST By: Ronald Goeder, Trustee 2425 Cox's Lane Cutchogue, NY 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 5th day of March, 2001, before me personally appeared BRIAN G. MURPHY, 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 Deputy 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 Publi({---~' NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 STATE OF NEW YORK COUNTY OF SUFFOLK )SS: On the 5th day of March, 2001, before me personally appeared RONALD GOERLER, 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 Trustee of THE ANN MARIE REVOCABLE LIVING TRUST; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public ~ /~ NOTARY PUBLIC, State of New York / J No. 02HA4927029 (~/ ,,._ ,Qualified in Suffolk County Commission Expires March 21,~0 ¢¢ 2._ S:~Attorney\G RE G\ME LANIE\ag&mkts waiver. DOC P R O P E R T Y R E C O R D S TO: FROM: RE: DATE: Planning Board Tax Assessors Building Department Melissa Spiro, Land Preservation Coordinator Development Right Acquisitions March 13, 2001 Please be advised that the Town purchased the Development Rights on the properties listed below. If you would like any additional information regarding the purchases, please feel free to contact me. SCTM# OWNER EASEMENT !PURCHASE MISC. AREA DATE 96-2-11 and Ann Made Goerler 56.55 3/5/01 2.3 acre area on SCTM# 96-3-4.1 96-3-4.1 & 5 Trust (south side of property with existing house) was not included in acquisition. No reserved areas on other parcels. cc: Greg Yakaboski LINE tINE 2005 Suffolk County Tax Map Book .OT,CE .,,~'A't~. COUNTY OF SUFFOLK (~) J~[ I :" 1 ~ SOUTHOLD ..... EN,NC£, ,LTED~TiON, SALE OR J /.'O~& Real Property lox Service Agency i Y SECTION NC PROPERTY ~::~;: ';; % School. Sale:Pr ce Owne~ Prp~ Land ~h~ ~ ;? ,, G5~;980 6oedel, Re~oca NbhdCd:O Amount Yea Pc TOIl3 Value/~, Improvemen[ T~aE 0 Pet Type Move~a~ ,Type Name D~I -~lm2 -, SflFT'~YrBulIt ~, . Prinb the ~c~een Prints the screen 473889 SOUTHOLD 96.-2-11 3975 COX LA OWNER & MAILING INFO === ERLER REVOCABLE TRUST RONALD & ANNMARIE GOERLER 2425 COX LANE BOX 12 CUTCHOGUE NY 11935 NYSRPS ASSESSMENT INQUIRY DATE : 11/09/2004 SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS 129 LAND RIGHTS TOTAL RES SITE TOTAL COM SITE ACCT NO 36 I======== ====== ASSESSMENT DATA =========== =MISC RS-SS ~ **CURRENT** RES PERCENT i ~LAND 1,200 **TAXABLE** BANK ITOTAL 1,200 COUNTY 100 **PRIOR** TOWN 100 ILAND 1,200 SCHOOL 100 ITOTAL 1,200 ==DIMENSIONS ===~======= SALES ACRES 9.22 IBOOK 12109 SALE ~PAGE 277 =======TOTAL EXEMPTIONS CODE AMOUNT PCT INIT 41720 1,100 04 Fl=NEXT PARCEL 75.10- 03-050 F6=GO INFORMATION 655,980 DATE 03/05/01 PR OWNER DEV RIGHTS TOS I =============1== TOTAL SPECIAL TERM VLG HC OWN CODE UNITS PCT NFD029 IPK090 ISW011 F3=NEXT EXEMPT/SPEC TO INVENTORY F9=GO TO XREF SALE PRICE DISTRICTS 3 ===== TYPE VALUE F4=PREV EXEMPT/SPEC F10=GO TO MENU 473889 SOUTHOLD NYSRPS ASSESSMENT INQUIRY SCHOOL MATTITUCK SCHOOL PRCLS 129 LAND RIGHTS 96.-3-4.3 3175 COX LA OWNER & MAILING INFO ===I=MISC iRLER REVOCABLE TRUST IRS-SS 1 BANK RONALD & ANNMARI£ GOERLER 2425 COX LA BOX 12 ~ CUTCHOGUE NY 11935 I DATE : 11/09/2004 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 36 ======== ====== ASSESSMENT DATA =========== **CURRENT** RES PERCENT LAND 4,600 **TAXABLE** TOTAL 5~700 COUNTY 1,400 **PRIOR** TOWN 1,400 LAND 4,600 SCHOOL 1,400 TOTAL 5,700 ==DIMENSIONS ===1== ..... SALES INFORMATION ================================== ACRES 36.40 IBOOK 12109 SALE DATE 03/05/01 SALE PRICE 655,980 IPAGE 278 PR OWNER D£V RIGHTS TOS =======TOTAL EXEMPTIONS i =============1== TOTAL SPECIAL DISTRICTS 3 ===== CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 41720 4,300 04 ~FD029 ~PK090 ~SW011 Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU 473889 SOUTHOLD 96. -3-5 1400 COX LA NYSRPS ASSESSMENT INQUIRY SCHOOL MATTITUCK SCHOOL PRCLS 129 LAND RIGHTS DATE : 11/09/2004 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 36 OWNER & MAILING INFO === iRLER REVOCABLE TRUST RONALD & ANNMARIE GO£RLER 2425 COX LA BOX 12 CUTCHOGUE NY 11935 =MISC I======== ====== RS-SS I **CURRENT** I ~LAND 1,400 BANK ITOTAL 1,400 **PRIOR** ILAND 1,400 ~TOTAL 1,400 ASSESSMENT DATA =========== RES PERCENT **TAXABLE** COUNTY 100 TOWN 100 SCHOOL 100 ==DIMENSIONS ===1======= SALES ACRES 10.94 IPAGE 278 === .... TOTAL EXEMPTIONS CODE AMOUNT PCT INIT 41720 1,300 04 INFORMATION IBOOK 12109 SALE DATE 03/05/01 SALE PRICE 655,980 PR OWNER DEV RIGHTS TOS I =============1== TOTAL SPECIAL DISTRICTS 3 ===== TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD029 IPK090 ISW011 I Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREi~4ERS KENNETH L. EDWARDS MARTIN SIDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August13,2002 Trustees of the Ann Marie Goerler Revocable Living Trust cio Ronald B. Goeder P.O. Box 12 Cutchogue, NY 11935 Re~ Proposed Set-Off and Lot Line Change for Ann Marie Goerler Revocable Living Trust Located on the southwest corner of Cox's Lane & the LIRR Property ~n Cutchogue SCTM#1000-96-3-3.1 & 4.1 Zoning District: A-C Dear Mr. Goerler: The following took place at a meeting of the Southold Town Planning Board on Monday, August 12, 2002: The public hearing was closed. The following resolution was adopted: WHEREAS, Ann Marie Goerler Revocable Living Trust holds title to the property known and designated as SCTM#1000-96-3-3.1 & 4.1 on Cox's Lane, Hamlet of Cutchogue; and WHEREAS, the applicants propose to set off an 80,000 square foot (Lot 2) from an approximately 38.7 acre parcel; and WHEREAS, the proposed lot line change is to subtract 21,597 square feet from a 38.7 acre parcel and to add it to a 1.641 acre parcel (SCTM# 1000-96-3-3.1); and WHEREAS, the Town of Southold purchased the Development Rights from 36.39501 acres on Lot 1; and Goerler - Paqe Two - Au,qust 13, 2002 WHEREAS, on July 10, 2000 the Planning Board granted sketch plan approval on the map, dated June 28, 2000; and WHEREAS, the Planning Board, pursuant to the State Environmental Review Act, (Article 8), Part 617, made a determination of non-significance and granted a Negative Declaration on July 10, 2000; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated June 28, 2000, and authorize the Chairman to endorse the final surveys. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if your have any questions regarding the above. ~truly yours, Bennett Orlowski, Jr. Chairman encI. CC: Land Preservation Committee Tax Assessors Building Department PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town H~il, 53095 ~ P.O. Box Southold, New Yor Fax (631) 76 Telephone (631 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determ!nation Non-Significant July 10, 2000 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Set-off & Lot Line Change for Ann Marie Goerler Revocable Living Trust SCTM#: 1000-96~3-3.1 & 4.1 Location: West side of Cox's Lane, Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for both a set-off and a lot line change The proposed set-off is to set off a 80,000 square foot parcel from an approximately 38.7 acre parcel on which the development rights will be purchased by the Town of Southold on 36.39501 acres. The proposed lot line change is to subtract 21,597 square feet from the 38.7 acre parcel and to add i to an adjacent 1.641 acre parcel. / SEQR Ne.qat ve Declarat on - Pa.qe Two Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. There is an existing house on the parcel to be set off and the development rights will be sold on the remaining acreage. Therefore, this proposal creates no new impacts. The applica~t will have to comply with the requirements of the Suffolk County Sanitary C%e (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Depadment of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Elizabeth Neville, Town Clerk Applicant 2 0 0 6 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (63 ! ) 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 31,2006 Ronald B. Goerler, Sr. P.O. Box 12 Cutchogue, NY 11935 RE: SCTM # 1000-96-2-11 Ann Marie Goerler Revocable Livin.q Trust Property Request for Land Preservation Committee Review of proposed farm equipment building on property on which Town owns a development rights easement Dear Mr. Goerler: The Land Preservation Committee Members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the request you outlined in a letter dated March 13, 2006, for a farm equipment building. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 25-50-C. (2) [3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee is approving the use you requested, as listed and clarified below, to be allowed within the development rights easement area. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. 1. Construction of a 60'x 100' Mesco Mfg. Company Inc. Morton Style building to be located on the north side of the property (25' from property line, or at the minimum setback required by Code), at a depth of about 288' west from Cox Lane. 2. Building use is to be for farm equipment used in the vineyard. Page 2 March 31,2006 Re: Goeder Please note that the Committee's approval of the uses within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator enc.: landowner's letter and marked survey copy cc: Planning Department w/landowner's letter and marked survey copy Building Department w/landowner's letter and marked survey copy March 13, 2006 Melissa A. Spiro Land Preservation Coordinator Town of Southold, NY. 11971 Dear Melissa, Ron Jr has told you previously that we would like to locate a Morton Style building north of the LIRR track on lot number %.-g.-5- on Cox lane in Cutchogue. The building would be a 60x100' Mesco Mfg. Company Inc. pre engineered building facing north and south about a 288'Westward' from Cox Lane. It would rest on a stone floating cement slab 5" thick rebarred. It would be twenty five feet from the southern side of the next property or the minimum set back footage required by code without a variance. The useage would be for farm equipment used in our vineyards We have plans which you could peruse to more fully see what we have constructed elsewhere. Yours truly ~ Marie Goerler Revocable Living Trust Ronald B. Goerler Trustee 616,~6' A E R I A L S S U R V E Y CERTIFIED TO, THE TOWN OF SOUTROLD COMMONWEAL TH LAND TITLE INSURANCE COMPANY AREA OF I/' RIGHT OF WAY = 0.1867 Acre AREA OF tG, 5' RIGHT OF WAY = 0,/295 Acre [~ -- MONUMENT TO BE SET · -MONIfMENT · -PIPE - -WOOD FEN£'E TOTAL AREA OF LAND TO BE 1000-9'6 -02-11 AREA=9.2147 acres %¸. I000 - 96 ~ 03 - 4.1 AREA = 38,7g?$' acres .ANN MARIE GOERLER REVOCABLE LIVIN6 TRUST AREA = 36.3950. qcres CONVEYED TO $OUTHOLD TOWN= 56.5499 acres ,% S UR FEY AT TO WN SUFFOLK I00 OF CUTCHOCUE OF COUNTY PROPERTY SO UTHOLD 300 1000-96-02-1 000-96-03-4.1 0 100 200 % Sca/e~ 1' = 100' JUNE 2,2, 2000 JUNE 28, 2000 JULY 12, 2000 ( revision ) Feb. 27, 2001 (revisions) Mar. /, 2001 Iadditfons) FINAL SURVEY 4 1000-96-03-05 AREA=lO. 9402 acres ANN MARIE GOERLER REVOCABLE LIVING TRUST LE?TIHN ,'30'~ DF THE NL W' ~DP~ LTATL LDU~AT[DN /AWL HEF'F~N APE ~ALID F~F TFII~ HAP ANP ~ DPIEb 7HFPFITF' [?NL~ iF HAP ~'/F' ~DP[Eb BLAF' THE ]~IPPE-:ED 5EAL f2F THE HF'VE'~DP ~HHb, E 'o]oNAT~IPE APF'EAE'E HEF'EDN, MAR - 2 2001 F' L7 zDLITH£~L ~, N, Y, ¥D~'5 TREE T LIJ, NE, 4~¢,Jl? 7n_5 i797 00-i$?