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Scott, John G III & Sandra J
=moo oy� y1000-96-5-13 Mae �C? Pry (f/k/a 1000-102-2-p/o 23) Baseline Documentation Premises: 725 Sterling Lane (f/k/a 31025 Main Road — Route 25) Cutchogue, New York • 23.0882 acres Development Rights Easement JOHN G. SCOTT III and SANDRA J. SCOTT to TOWN OF SOUTHOLD Deed dated March 15, 2001 Recorded March 29, 2001 Suffolk County Clerk - Liber D00012110, Page 692 • SCTM Re: III G Scef{ _717T SW b6 1 3/1 /0 � a(over 1 (zti(o y This is a duplicate copy of a Baseline Documentation report completed on FEB 15 2006 There may come a time after this date that additional pages are inserted in the original Baseline Documentation report that is on file in the Town of Southold — Land Preservation Department. All efforts will be made to keep this copy updated as well. . SCTM #: 1000-96-5-13 (f/k/a 1000-102-2-p/o 23) Premises: 725 Sterling Lane (f/k/a 31025 Main Rd — Rt 25) Hamlet: Cutchogue Purchase Price: $2299538.00 (22.9538 buildable acres @ $10,000/acre) Funding: Community Preservation Funds (2% land bank) and NYS Ag & Markets Grant ($157,056.00) CPF Project Plan: Yes Total Parcel Acreage: 43.8339 acres Development Rights: 23.0882 easement acres (includes 0.1344 acre right of way excluded from purchase price) Reserved Area: none Zoned: A-C Existing Improvements: March 2001 — none 2005 — greenhouses and office trailer DESCRIPTION LAND The subject is a parcel of land having a area of 41.294± acres. It is irregular in shape with a width ranging from a minimum of 370±' to a maximum of 520±' with the majority being 500±'. Its north-south dimension is approximately 4,000±'. The property has 370±' of frontage along the northerly side of Main Road (SR 25). The property is encumbered along the majority of its easterly border, to a depth of 11', by a right of way which provides access to and encumbers several other properties neighboring the subject. The above dimensions are taken from the Suffolk County Tax Map and the subject deed. We have included a copy of the Tax Map in the addenda to this report. Utilities(electric and telephone)are available to the su1 ect along Main Road (SR25). Main Road (SR 25) is a two lane, paved, publicly mainta,sned road with shoulders. The property has a generally level topography, is mostly cleared, and is at or near grade with the abutting road. It is partly in use as farmland and partly vacant in an essentially natural state. The property abuts the Long Island railroad tracks on its northerly border which we feel has a minor negative effect on the marketability of the property. FGIVEN 19 AS S 0 L IAIfS P • R O P E R T Y V � I S U A L S • (4 ' b4 join O , SEE 5[.�'. i 'EPEE � Z V d` i avR.w! F[aF[.ro n eel-5-a0i'. J y r - W aR.w SFE S�ECow. J s�emi[En�awi["r O EEGR. SEE SEG A¢ 'ww / loz-nzSEEM. maez-on SEE m.os=Jr mm v.umi ,yp � r 23 • ' Tax Map Location ' 68 - _ 1 LB 1\ C N 9 _ —r HDR_50,, P R,A� J�`�t e R-80 a� TCHOW — a—an — 1 LH 0 t 0 n W - 1 1 i Zoning Map 70 __ 2 i 0 0 0 P H O T O • S • ' Year 2000 '• PHOTOGRAPHS OF SUBJECT 1 - 1 1 NView of Subject - Facing Northerly 1 ' View Northerly of Proposed • Open Space Area RGIVEN 65 uss oc isr ¢ s ' Year 2000 1• PHOTOGRAPHS OF SUBJECT N View Westerly Along Main Road 1 ,R 1 ' View Easterly Along Main Road FGIVEN 66 Af f 0C IAT ES 1 Year 2000 1• PHOTOGRAPHS OF SUBJECT 1 1 ,art 1 C�4 View Southerly of Proposed Development Area 1 1 1 1 1 GIVEN 67 ASS 0 ( IAI fS 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 Scott Property 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope&Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Com,nercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance; interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The overall property is.a 45.7 acre parcel of agricultural land with the exception of a single family dwelling and a farm. This report addresses approximately 23.8 acres of vacant agricultural land on the northern portion of the property and excludes the single family dwelling and surrounding property. The property is locted on the north side of Main Road (SR 25), east of Depot Lane. The property is more particularly described as Suffolk County Tax Map # 1000- 102-02-23. An inspection of the 23.8 acres of property did not reveal any dumping or debris, staining, residue, odors, or stressed vegetation. The field inspection revealed farm equipment and debris in the southeastern portion on the overall property behind greenhouses which may belong to Pinewood Perennial Gardens, which is adjacent to the subject property and is not part of the 23.8 acres which this report addresses. The debris generally consisted of farm equipment, wood, a boat, and two (2) 275 gallon tanks. Aerial photographs from 1961, 1969, 1976, 1980, and 1994 were reviewed. The aerials identify the subject property as farmland throughout this period. An extensive government records search found no potential sources of environmental ' degradation on the subject property. One (1) State documented closed spill incidents was noted in the vicinity of the subject property. This closed spill incident is located approximately one- half(0.5)mile to the north and is not expected to adversely impact the subject property. i NRLSON,POPS&VOORHIS,LLC ' ENVIRONWI TAL•PLANNING.CONSULTING Scott Property,Southold Phase I ESA In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However the following recommendations are provided: 1. The farm equipment and debris located in the southeastern portion of the subject property, but not part of the 23.8 acres, should be removed and properly disposed of. 2. The two (2) 275 gallon tanks found in the southeastern portion of the subject site, but not part of the 23.8 acres, should be removed and properly disposed of. Once, removed, the ground beneath should be inspected for any staining. NELSON,POPE&VOORFES,LLC ENVIBONMaNTAL•PLANNING•CONSULTING Page 2 of 27 �gUFfO(,�c JEAN W. COCHRAN �QV QG GREGORY F.YAKABOSKI Supervisor TOWN ATTORNEY 't; Town Hall, 53095 Route 25 • P.O. Box 1179 MARY C.WILSON `� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �Ql y ��� Telephone (631) 765-1889 T Fax (631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 8, 2001 Mary Lou Folts, Esq. Lark & Folts 28785 Main Road P.O. Box 973 Cutchogue, NY 11935-0973 Re: SCOTT to TOWN OF SOUTHOLD p/o SCTM #1000-102-2-23 purchase of development rights easement • Dear Ms. Folts: I have enclosed for your information the summary report prepared by Nelson, Pope & Voorhis on the Scott property. Since items #1 and #2 are not in the area within the development rights easement, they are of no concern to the Town but may be to your clients. Very truly yours, o F. Yakaboski, Esq. Attorney /md enc cc: Melissa Spiro, Land Preservation Coordinator Land Preservation Committee • S:Wltorney\GREG\MELANIE\GREG\Ietter(draft).DOC Scott Property,Southold Phase I ESA yFIGURE 1 LOCATION MAP -72 31'20'. 41 03'22" �/ Durk /VG fid+ t)III PondP,ml i v en, 1 ,y w,hn d u V _ ae.k SITE` h^ Sq[on� C I/ N WAN. MudoC k � O A Gaek 25, ,C 1 II ;Wen Creek J \ Do—k, $ 1 OrrP i Pa,�a i � l Hole Crrek� \ 3000 N . Precision Mapping,Copynght 1995 96,Just Sooworks Inc., Potions Copyright 1992-1996 TRIUS,Inc. i11 NELSON,POPE&VOOMS,LLC ' EW IRONMENTAL•PL C,•CONSU TEG Page 8 of 27 Scott Property,Cue Phasee I ESA FIGURE 2 ' SITE MAP aw (` A t O t i 4 �4 ei Tie !�a 1 � aC w4 ' 4,d O dpe `. fC I I �. .. �s 9t8 Rol — SAA,o ' d de 4Ca �C l i I Page llof 27 Scott Property,Southold Phase I ESA FIGURE 3 GROUNDWATER CONTOUR MAP / 2G60 / .550" i�✓ xa33, .533;3 �+t 53330 � I 53$39•* '5 Io. r f n J y f /5\7�7 61015'. % j .51117 -»]6 9• `�'y I 3s3H 511]". • 4 _ 1878 p'. x5117`20SO Slt'f IJ' 1'S�'Sl9/a `•75440 '51183 a' 1 G3 75431 ,11 /53326* •a5606 7234 \ .5111Ny y t 3• 51185 4 5• 71045• 53329• �i 6500[ \ \, •5115 53322 • �53324L / 13V.d�3 �, ♦ rte---� " l \.r 3202 :88]20" 7t 987119 5 flog u /369• 39269 ]3999 / 57379• 6'�n',,11 ( 4.046516 '.53332. �..,�^t •5`7368 30• 52900 �`T 6538 pgg3. 56527 �� '4fi359 •58959 46426 33921 Y 20 t •42433 0 ^� r . 484.], ] 62393 3' BM125 1 '48432 hg957 '0529 Source: SCDHS, 1999 NORTH Page 18 of 27 NELSON POPE 6 VOCRHIS.LLC ENVIRONMENTAL. PLANNING • CONSULTING ' OVERVIEW MAP - 566703.3s - Nelson, Pope & Voorhis LLC N / ; > 2 /i p0 /rN P 0 t '.r Target Property o 114 is rune. 1 A Sites at elevations higher than or equal to the target property Sites at elevations lower than _';" Power transmission lines the target property `• Oil&Gas pipelines ' 1 Coal Gasification Sites(if requested) 100-year flood zone National Priority List Sites 0 Landfill Sites 500-year flood zone Wetlands per National Wetlands Inventory ' TARGET PROPERTY: Jenkins Property CUSTOMER: Nelson, Pope&Voorhis LLC ADDRESS: Depot Lane CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutchogue NY 11935 INQUIRY#: 566703.3s LAT/LONG: 41.0198/72.4928 DATE: November 22,2000 12:29 pm 1 ' DETAIL MAP - 566703.3s - Nelson, Pope & Voorhis LLC t \o N � Target Property o vis in va ung: Sites at elevations higher than or equal to the target property Sites at elevations lower than ,' Power transmission lines the target property A,,1 Oil&Gas pipelines 1 Coal Gasification Sites(if requested) 10o-year flood zone Sensitive Receptors 500-year flood zone National Priority List Sites F ® Wetlands per National Landfill Sites Wetlands Inventory 19, TARGET PROPERTY: Jenkins Property CUSTOMER: Nelson, Pope&Voorhis LLC ADDRESS: Depot Lane CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutchogue NY 11935 INQUIRY#: 566703.3s LAT/LONG: 41.0198/72.4928 DATE: November 22,2000 12:29 pm PHYSICAL SETTING SOURCE MAP - 566703.3s Mq��N � FC oy C! i c0� O PO r QO or v o EUG ENES 0.D � O E FAO � � c z � Q0.0 Tr FO P P O� AVO E WLR pP yF ' � (�2 FLP hSLFFo S f RJB !!!y !y 90 M r ;! !!y MPIN RO 0 � ?P u ,p\'FF'Sl dP WQO r FFOLK PVE N SUFFOLK AVE 4' I /V Major Roads o 112 F 21411e: Contour Lines ® Water Wells 0 Earthquake epicenter,Richter 5 or greater © Public Water Supply Wells ® Closest Hydrogeological Data } Groundwater Flow Direction c Indeterminate Groundwater Flow at Location c v Groundwater Flow Varies at Location • Cluster of Multiple Icons 10, TARGET PROPERTY: Jenkins Property CUSTOMER: Nelson,Pope&Voorhis LLC ADDRESS: Depot Lane CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutchogue NY 11935 INQUIRY N: 566703.3s LAT/LONG: 41.0198/72.4928 DATE: November 22,2000 12:29 pm P • U B L I C H E A • R I N G • -) o�OgUFFO(�-CO ELIZABETH A. NEVILLE = Gy� Town Hall, 53095 Main Road • TOWN CLERK y 2 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER .y �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone�,�� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 12, 2000: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board of the Town of Southold hereby sets Wednesday, January 3, 2001 at 5:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands under for a certain parcel of property owned by John and Sandra • Scott. Said property is identified as SCTM 91000-102-2-23, the development rights easement comprises approximately 22 acres of the 45 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee prior to the contract closing. The purchase price is $10,000.00 (ten thousand dollars) per acre. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70%of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk • LEGAL NOTICE NOTICE OF PUBLIC HEARING • NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6(2%Community Preservation Fund)of the Town Code the Town Board of the Town of Southold hereby sets Wednesday,January 3,2001 at 5:00 p.m.,Southold Town Hall,53095 Main Road,Southold,New York as the time and place for a public hearing for the purchase of development rights of agricultural lands under for a certain.parcel of property owned by John and Sandra Scott. Said property is identified as SCTM P#1000-102-2-23,the development rights easement comprises approximately 22 acres of the 45 acre farm.The exact area of the development rights easement is to be determined by a town provided survey,acceptable to the Land Preservation Committee prior to the contract closing.The purchase price is $10,000.00(ten thousand dollars)per acre:Said property to be purchased either outright by the Town of Southold,or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50%of the total cost of acquisition;or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70%of the total cost of acquisition. FURTHER NOTICE is hereby giv-n that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office,Southold Town • Hall,53095 Main Road,Southold,Ne 'York,and may be examined by any interested person during business hours. Dated: December 12,2000 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 21,2000,AND FORWARD ONE(1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE,TOWN CLERK, TOWN HALL,PO BOX 1179,SOUTHOLD,NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Committee Department of Land Preservation John and Sandra Scott • Town Clerk's Bulletin Board li 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 13th day of December 2000,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,53095 Main Road,Southold,New York. NOTICE OF PUBLIC HEARING-Wednesday,January 3,2001 at 5:00 p.m., Southold Town Hall,53095 Main Road,Southold,New York as the time and place for a public hearing for the purchase sof development rights of agricultural lands under for a certain parcel of property owned by John and Sandra Scott. 4lizabeth A.Nevin • - Southold Town Clerk Sworn before me this 13`h day of Decembers 2000, I � Notary Public NOTARY PUBLIC State of New yodt. No.01Bb6020032 OwIffied In Suffolk Term Upires March 20QL • III • PUBLIC HEARING JANUARY 3, 2001 5:00 P.M. ON THE PURCHASE OF DEVELOPMENT RIGHTS PROPERTY OF JOHN AND SANDRA SCOTT SCTM#1000-102-2-23 Present: Supervisor Jean W. Cochran VJA �_. Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli 2001 Councilman Brian G. Murphy Councilman Craig A. Richter DEPT.OF LAND * * PRESERVATION Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski COUNCILMAN RICHTER: "Notice is hereby given that pursuant to the provision of Chapter 25, Chapter 6, 2% Community Preservation Fund of the Town, Code of the Town of Southold hereby sets Wednesday, January 3, 2001, 5:00 P.M., Town Hall, 53095 Main Road, Southold, New York, as the • time and place for a public hearing in the purchase of development rights of agricultural lands under a certain parcel of property owned by John and Sandra Scott. Said property is identified as SCTM #1000-102-2-23. The development rights easement comprising approximately 22 acres of the 45 acre farm. The exact area of the development right easement is to be determined by a Town provided survey acceptable to the Land Preservation Committee prior to the contract closing. The purchase price is $10,000 per acre. Said property to be purchased either outright by the Town of Southold or acquired under Suffolk County Preservation Partnership Program, whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition, or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Further notice is hereby given that a more detailed description of above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, and may be examined by any interested persons during business hours. Dated: December 12, 2000." I have an affidavit that it was in the local paper,posted on the Clerk's Bulletin Board, and no correspondence. SUPERVISOR COCHRAN: Thank you, Councilman. You have heard the reading in relation to the purchase of development rights on the property of John and Sandra Scott. At this time we would like to take any input pro or con that you may have. Would anyone like to address the Board in relation to this purchase? Mr. Chairman? DICK RYAN: Good evening and Happy New Year, Madam Supervisor and members of the Town Board. My name is Dick Ryan. I serve as your Chairman of the Southold Town Land Preservation Committee. I have a map here produced by Town staff, which outlines the subject parcel under • consideration located in the hamlet of Cutchogue. Melissa Spiro, your Land Preservation Coordinator, Scott PH 2 • is here and would be happy to describe the property and what is going on in the proximity of the property. MELISSA SPIRO: (Unintelligible.) DICK RYAN: She is so good to be able to do that extemporaneously. I can't do that. I have to read. Thank you, Melissa. The farm is mostly zoned Agricultural-Conservation, which permits single family residential development, but also intends to control development of open lands, which are agriculturally productive. The Haven Loam soil classifications of this farm reflect it's high agricultural productivity. The farm is currently mostly in fallow pasture use. The area of the development rights represents yet another link in a chain of agricultural land parcels between Cox Lane and Depot Lane that the Town and Suffolk County Farmland Preservation Programs have or will purchase and preserve. The preservation of these farmland parcels will serve to enhance efforts of consolidating large blocks of important productive agricultural lands in Cutchogue. Southold Town and Suffolk County now have development right easements over approximately 190 acres contiguous along the Long Island Railroad in this area. The Southold Town Planning Board has been consulted, and has expressed no objection to the proposed purchase. The purchase price is $10,000 an acre totally approximately $200,000 for approximately 22 acres of property subject to the results of an acceptable survey. My math is a little off there, but that is the price that absolute is $10,000 an acre. The market value of this proposed purchase reflects in part the development of potential and location of the property. The value of the purchase is supported by a recent appraisal independently given prepared by Given Associates of Hauppauge. A survey of the parcel will be accomplished, and is subject to • adoption by the Land Preservation Committee prior to completion of this proposed purchase. Because of its agricultural value, it's location, and it's proximity to other existing productive farmlands this property has high eligibility for preservation. The Land Preservation Committee is unananimous in recommending this development rights purchase. The purchase will most certainly preserve and continue a rural character element of tl�e hamlet of Cutchogue specifically, and 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 22 acres of the farm to presented on an approved survey, and to resolve the purchase the same pursuant to provisions of either Chapter 25 of the Town Code entitled Agricultural Land Preservation, or Chapter 6 entitled Community Preservation Fund. I would also note that the owner, Mrs. Scott, is here in the audience tonight, and I would express to her my own personal appreciation for her charitableness and forthcoming nature in offering this property, and being willing to discuss and negotiate the limits and terms of this proposed purchase with our committee. It has been appreciated. SUPERVISOR COCHRAN: Thank you, Dick. I would also like to thank the Scott family. Anyone else like to address the Board in relation to purchase of the farmland development rights on this parcel? Mr. Huntington? RAY HUNfINGTON: Ray Huntington, Cutchogue. Melissa Spiro and Dick Ryan have said the important necessary things concerning this particular resolution in the hearing,but there are some other significant prospectives. As you well know the Town's Land Preservation Programs are voluntary. The people volunteer funding to carry out the programs, and the landowners volunteer to sell development • rights or the property outright. Yes, the Scotts and the Starldes have offered to sell their development rights for good business reasons. That is essential to how this system works. But, they also offered for Scott PH 3 • good community reasons as well. They saw how we will all benefit from less residential development, and how we could keep farming more feasible in this region, in particular the region that Melissa pointed out there. They joined others, and I mentioned Koller, and Jenkins, who have come forward so that we can, and those who follow us, when we go down Cox Lane or Depot Lane we can look over the fields and see a natural and nurturing landscape. It is a good business deal to sell rights, but it also an irreplaceable gift. So, thank you Scotts and Starkies, and others who may follow them I might add. SUPERVISOR COCHRAN: Mr. Huntington is one of the volunteers he talked about that is one the Land Preservation Committee along Dick Ryan is a volunteer, and he chairs the committee. We are very fortunate to have people of his caliber that does all this work, so we try to remember to say thank you. Anyone else like to address the Board in relation to the purchase of property rights on the property of John and Sandra Scott? (No response.) If not, I will close the hearing. Eliz ZI e Southold Town Clerk • • S • E Q R A R E S O • L U T I O N • o�OgpFFO(,��o ELIZABETH A. NEVILLE �� Gy� Town Hall, 53095 Main Road • TOWN CLERK H Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICSSouthold, New York 11971 MARRIAGE OFFICER y `� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ��,( .�,`�� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 67 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2001: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of a certain parcel of property of John and Sandra Scott, said property identified as SCTM# 1000-102-2-23, comprising approximately 22 acres, at the price of$10,000.00 (ten thousand dollars)per acre pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold; and RESOLVED by the Town Board of the Town of Southold that this action be classified as an • Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. 0 Q6p � Elizabeth A. Neville Southold Town Clerk • 14-18-4 011951—Text 12 PROJECT I.D. NUMBER 817.20 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only *PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SSPONSORS --l--S�� ( r2. PROJECT NAME�cY '7p4T+� `'oAf C\ 3. PROJECT LOCATION: 1 ,,Y� Municipality h V< ��1:v�A 1 DW+'� Count a. PRECISE LOCATION(Street address and road intersections, prominent landmarks,etc.,or provide map) SCr(yl # I COO - to a. - z- 23 5. IS PROPOSED ACTION: �EZNOW ❑Expansion ❑Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: �I�y (� 1 \0W1 '?Of GN`Ft Se 04, &LxkceY� 'f W�} eC'SP/I'*tC z* j rOxIev.o,�c,,Qy 22acfeS 7. AMOUNT OF LAND AFFECTED: Initially _^V k 5'a acres Ultimately L-1;1 '0.nacres 8. NIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑NO If No, describe briefly I � 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? AlResidental ❑Industrial Wummercial Xgriculture ❑Rak/Forest/Opan space ❑Other I I i 14. DOES 4CTION !N'/OL',a A rER-4!T AFPROVAI.,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY:PE^ERA' STA VE Cr LCCA!.;? Yrs ,o if yos. list agencytsl anc permittapprovals I 1:. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I 91 Yes ❑Dr'o I ;,as. list agency name and permiitlaappprroval ` Aray.LQ C(Qlf1 C�7Y\�04�� W 11ECf�Y 12, AS A RESULT P OPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes o I CERTIFY THAT IIXTHE INFORMA ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: ' v`L s Lq/V�CJ f!S. `oOYClr 1L Date. IZ IS 0 Signature. • If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART 11—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ' A. DOES NOTION EXCEED ANY TYPE I THRES IN 6 NYCRR PART 617.4? If yes,coordinate th ew process and use the FULL EAF. El yes o B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No.a negative declaration may be supersedetl y another involved agency. 13yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: Na 02 Aesthetic agricultural, archaeological, historic, x other natural or cultural resources: or community or neighborhood character? Explain briefly: P GS. Vegetation or fauna,fish, shellfish or wildlife species, significant habitats,or threatened or endangered species? Explain briefly: /V-0 C4. A community's existing plans or goals as officially aecoted,nr a change in use or intensity of use of land or other natural resources?Explain briefly A C5. Growth, subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. �o C6. Long term,short term,cumulative,or other effects not idt,rrtifisd in Cb Cd?E.piam briefly. No C7. Other Impacts(including changes in use of either quantity or type of energy)? Explain briefly. I v D. WILL THE PROJECT AVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF-A CEA? ❑Ves _ tL IS THERE,OR IS TUARE LIKELY TO BE :;ONTROVERSY RELATED TO POT-INTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes A---I No if Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is suustantlal,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or wrai); (b) probabilityofoccurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments oS reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have ween identified and adequately addressed. if question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY ���iiioccur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. rCheck this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reaso4 pporting this determination: �L \ chi l o� \50a2 c� Name of Lead Agency J eav\ Su ('v\' 50 r2-- Print or Type Name of KeSPOnifibit Officer in Lead Agency i e o ft risible Officer signature of Responsible Officer in Lead Agency. .Signature orre�(itt from responsiba or rterl 7 /2�1S�n U Date 2 P i U R C H A S E R • E S O L U T I O N • o�OgpFFO(,�c OG ELIZABETH A. NEVILLE o� y` Town Hall, 53095 Main Road • TOWN CLERK H Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICSSouthold, New York 11971 MARRIAGE OFFICER y� O\� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �,( .i� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 68 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JAUNARY 3,2001: WHEREAS the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights of agricultural lands for a certain parcel of property owned by John and Sandra Scott on 3rd day of January of 2001,pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold • purchase the Development Rights of these agricultural lands now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by John and Sandra Scott, comprising approximately 22 acres, located on the northern most part of a 45 acre parcel located on the north side of Main Road, Cutchogue, New York, identified as SCTM# 1000-102-2-23, at the price of$10,000.00 (ten thousand dollars)per acre pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold; and be it FURTHER RESOLVED that the parcel is to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk • C • L O S I N G S T • A T E M E N T • • CLOSING STATEMENT JOHN G. SCOTT III and SANDRA J. SCOTT to TOWN OF SOUTHOLD Development Rights Easement—23.0882 acres (includes 0.1344 acre right of way) SCTM #1000-102-2-p/o 23 22.9538 buildable acres @ $10,000/acre Premises: 31025 Main Road, Cutchogue, New York Purchase Price: $ 229,538.00 Payable to John G. Scott III & Sandra J. Scott Check #61046 (3/15/01) Expenses of Closing: Appraisal $ 1,900.00 Payable to Patrick A. Given, SRPA Check #59284 (11/7/00) • Survey $ 4,000.00 Payable to Peconic Surveyors PC Check #60642 (1/30/01) Environmental Report $ 1,500.00 Payable to Nelson, Pope & Voorhis Check #62086 (5/22/01) Title Report $ 1,348.00 Payable to Commonwealth Land Title Ins. Co. Check #61212 (3/15/01) Title Closer $ 50.00 Payable to Karen Hagen Check #61213 (3/15/01) • Closing held on Thursday, March 15, 2001, at 1:00 p.m., Southold Town Hall, 53095 Route 25, Southold, New York Those present at Closing: Jean W. Cochran Southold Town Supervisor Gregory F. Yakaboski, Esq. Attorney for Town of Southold John G. Scott III Seller Sandra J. Scott Seller Mary Lou Folts, Esq. Attorney for Sellers Karen Hagen Title Company Closer Melissa Spiro Land Preservation Coordinator • • et DOCUMENTT PAPER THE FACE OF THIS y }T •{ t�€ �� 6 19M f 1' DO HOT (ca Y14 `�� 1 This check has been charged to j, THE SUFDeposit it not u " " �u a i' "K FOLK COUNTY NATI ` OF RIVERHEAE) PVE f $ Ab NEW a✓ >� JQII$1 Gi y4 , ! ANH $A1 1RA+: ( , ptHE z oa-OF 3/�,�Q�.�{{.3�9in ��p? P d+}sy ul yy _ li$ f f tea yy iC . ,�' hA{ 5 )) ;p�"T4 + f 'f � 1} di + t• 11.06 404611• 1:0 2 i4Q StIMLO: G3 000004 ACCOUNT P.O. INVOICE DESCRIPTION AMOUNT 33.8660.2.600. 100 03152001 1000-102-2-23 (part of) 22.9538 acres development rights @ $10,000 per acre $229,538.00 • TOWN OF SOUTHOLD 0 SOUTHOLD,NY 11971-0959 PATRICK A. GIVEN, SRPA (516)360-3474 box 5305.550 route 111 • hauppauge, n.y. 11788-0306 FAX 360-3622 • October 13, 2000 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Appraisal of Property of John and Sandra Scott, S.C.T.M. #1000-102-2-23 p/o Located North Side of Main Road (SR 25), Cutchogue, NY $1,900.00 File #2000274 real estate appraisers and consultants GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name ** Actual • • • • • • • • • • • • • •Detail--GL100N• • • • • • • • • • • • • • Vendor . . 007416 GIVEN, SRPA/PATRICK : W-11072000-667 Line : 114 Formula: 0 : Account . . H2 •600 : Acct Desc ACCOUNTS PAYABLE Y JE Date Trx - Date Fund Account : Trx Date . . . . . 11/07/2000 SDT 11/13/00 •------------------------ Use Acti : Trx Amount• • • 11900.00 4/11/2000 4/11/2000 H2 •600 : Description. . APPRAISAL-SCOTT PROPERTY 8/15/2000 8/15/2000 H2 •600 : Vendor Code . . 007416 8/15/2000 8/15/2000 A •600 : Vendor Name . . GIVEN, SRPA/PATRICK A - 9/12/2000 9/12/2000 H2 •600 : Alt Vnd • • 9/26/2000 9/26/2000 H2 •600 : CHECK • • • • • • • • 59284 SCNB „ 10/10/2000 10/10/2000 H2 •600 : Invoice Code. 2000274 „ 10/10/2000 10/10/2000 A •600 : VOUCHER . . . . . . „ 10/10/2000 10/10/2000 A •600 : P .O . Code . . . . 07357 „ 10/10/2000 10/10/2000 SR •600 : Project Code . „ 10/24/2000 10/24/2000 H2 •600 : Final Payment F Liquid . i�1/07/2000 11/07/2000 H2 • 600 : 1099 Flag . . . . 7 1/07/2000 11/07/2000 H2 •600 : Fixed Asset . . N „ 11/14/2000 11/14/2000 H2 • 600 : Date Released 11/07/2000 „ 12/12/2000 12/12/2000 H2 • 600 : Date Cleared . 11/30/2000 1/03/2001 1/03/2001 H4 • 600 : F3=Exit F12=Cancel F21=Image ------------------------- Use Acti : Select Record (s) or Use Action Code • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . . PECONIC SURVEYORS, P.C. P.O.Box 909 1230 Traveler Street Southold,N.Y.11971 (631)765-5020•Fax(631)765-1797 JANUARY 11 , 2001 SOUTHOLD TOWN LAND PRESERVATION COMMITTEE P.O. BOX 1179 SOUTHOLD, NY 11971 Ft➢12RILNUL.RCW - SURVEY OF PROPERTY AT CUTCHOGUE, NY �. S . C. TAX #: 1000-102-02-23 FEE: $ 4 ,000. 00 GL108S 20 TOWN OF .SOUTHOLD Disburs Inquiry by Vendor Name ** Actual • • • • • • • • • • • • • •Detail--GL100N• • • • • • • • • • • • • • Vendor . . 016144 PECONIC SURVEYORS, : W-01302001-394 Line : 363 Formula : 0 : Account. . H2 •600 : Acct Desc ACCOUNTS PAYABLE Y JE Date Trx - Data Fund Account : Trx Date . . . . . 1/30/2001 SDT 2/01/01 ----------------------------- Begi : Trx Amount • • • 4,000 .00 9/16/1997 9/16/1997 DB •600 : Description. . SURVEY-SCOTT PROPERTY 1/20/1998 1/20/1998 A •600 : Vendor Code . . 016144 2/18/1999 2/18/1999 A •600 : Vendor Name . . PECONIC SURVEYORS, P .C. 4/13/1999 4/13/1999 A •600 : Alt Vnd • • 8/15/2000 8/15/2000 H2 •600 : CHECK• • • • • • • • 60642 SCNB „ 11/07/2000 11/07/2000 DB •600 : Invoice Code. 00-274 (A) „ 11/07/2000 11/07/2000 H2 •600 : VOUCHER . . . . . . „ 11/14/2000 11/14/2000 H2 •600 : P .O . Code . . . . 07680 12/12/2000 12/12/2000 H2 •600 Project Code . „ 12/12/2000 12/12/2000 H2 •600 : Final Payment F Liquid . 12/12/2000 12/12/2000 H2 •600 : 1099 Flag . . . . N 1/30/2001 1/30/2001 H2 •600 : Fixed Asset . . N Y 1/30/2001 1/30/2001 H2 •600 : Date Released 1/30/2001 1/30/2001 . 1/30/2001 H2 •600 : Date Cleared. 2/28/2001 2/13/2001 2/13/2001 H2 •600 : F3=Exit F12=Cancel F21=Image ------------------------- Use Acti : Select Record (s) or Use Action Code • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nelson, Pope & Voorhis, LLC Property: 01031 Project: VA513 572 Wilt Whitman Road Phone: 631-427-5665 'Melville NY 11747 Fax: 631-427-5620 Scott Property Manager McGinn,Steven Invoice To: Town of Southold Invoice#: 397 Town Hall,53095 State Rte 25 Invoice Date: April 20,2001 P.O.Box 1179 Southhold NY 11971-0959 Attention:Greg Yakaboski MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $11500.00 Professional Services for the Period:7/1/00 to 4/20/01 Contract Item#1: Prepare Phase I Environmental Site Assessment Contract Amount: $1,500.00 Percent Complete: 100.00% Fee Earned: $1,500.00 Prior Fee Billings: $0.00 Current Fee Total: $1,500.00 • *** Total Project Invoice Amount $1,500.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name ** Actual . . . . . . . . . . . . . . Detail--GL100N . . . . . . . . . . . . . . Vendor . . 014161 NELSON, POPE & VOOR : W-05222001-599 Line : 236 Formula: 0 : Account . . H2 . 600 : Acct Desc ACCOUNTS PAYABLE Y JE Date Trx - Date Fund Account : Trx Date . . . . . 5/22/2001 SDT 5/29/01 ---------------------- Use Acti : Trx Amount . . . 11500 . 00 4/10/2001 4/10/2001 B - 600 : Description . . PHASE 1 ESA-SCOTT PROP 4/26/2001 4/26/2001 H3 -600 : Vendor Code . . 014161 Y, 5/22/2001 5/22/2001 H2 •600 : Vendor Name . . NELSON, POPE & VOORHIS, 7/31/2001 7/31/2001 H3 - 600 : Alt Vnd• - 8/14/2001 8/14/2001 H3 . 600 : CHECK. . . . . . . . 62086 SCNB 8/14/2001 8/14/2001 B • 600 : Invoice Code . 397 8/14/2001 8/14/2001 B - 600 : VOUCHER . . . . . . 8/14/2001 8/14/2001 B . 600 : P . O . Code . . . . 07762 8/28/2001 8/28/2001 H3 •600 : Project Code . 9/25/2001 9/25/2001 A • 600 : Final Payment F Liquid . „ 10/09/2001 10/09/2001 H3 • 600 : 1099 Flag . . . . N 10/09/2001 10/09/2001 H3 .600 : Fixed Asset . . N 11/08/2001 11/08/2001 A • 600 : Date Released 5/22/2001 12/04/2001 12/04/2001 A . 600 : Date Cleared . 5/31/2001 „ 12/18/2001 12/12/2001 H2 . 8686 . 2 . 0 : F3=Exit F12=Cancel F21=Image ------------------------- Use Acti : Select Record (s ) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' THE FACE OF THIS DOCUMENT HASA COLORED BACKGROUND ON WHITE PAPER t? S�(zTbTi}Y€Tl f It $ s 530 9 AE. ROAD WY,bFjK1tg71 � _ r?Y16�RFOlKCOON7M AT10N_AIe�K. x a/klslaaal EG612 2 $,rs346,A0 ,r r. t�FIE S1M4NGt31 'l+ ID TILE iN$UA�1G CD14r:, 1 i,t o?Ua 1 Z ? QiJ'TY IIO } RTf��+R?I AD e 11 Q1' < e t � r — 11.06L2121" 1:02140S4E41: 63 000004 0114 ACCOUNT P.O. i INVOICE DESCRIPTION I AMOUNT H3;8660.2.600.100 Scott to Town of Southold 1000-102-2-23 $1348.00 • TOWN OF SOUTHOLD 0 SOUTHOLD, NY 11971-0959 THE FACE OF THIS DOCUMENT HASA COLORED BACKGROUND ON WHITE PAPER N13 7 tt+e suF OAK b{��`µT!ian�sNA48ANK dHiEqk�pcwf$u,4�uMey.yr+QY,tffga6 B S /1 D1+r11061 13 r i'i: t5fl o0 }it � ��.t' i .t' .�'w rl .ar. _ :.in �� t•''s Jy TO Thl� 1 �. , SY 4 4r `if 1 .z:. t 06 12 13 I's I:0 2 140 546411: 6 3 000004 Oils ACCOUNT P.O. INVOICE DESCRIPTION AMOUNT H3.8660.2.60O. 1O0 Scott to Town of Southold 1000-102-2-23 50.00 • TOWN OF SOUTHOLD 411 SOUTHOLD, NY 11971-0959 R E C O R D E D D � E E D • I IIIIIII IIII VIII IIIII IIIII VIII VIII IIIII VIII IIII IIII 1111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/29/2001 Number of Pages: 8 At: 04 :26:27 PM TRANSFER TAX NUMBER: 00-32284 LIBER: D00012110 PAGE: 692 District: section:" `"oil Block: Lot: 1000 102 .00 02 .00 023 .000 EXAMINED AND CHARGED AS FOLLOWS • Deed Amount: $229, 538. 00 Received the Following Fees For 'Above Instrument Exempt Exempt Page/Filing $24 .00 '- NO Handling $5.00 NO COE $5.00 7r NO EA-CTY $5.00 NO EA-STATE $25.00 " NO TP-584 $5.00 NO Cert.Copies $0. 00 NO RPT $15.00 NO SCTM $0.00 NO Transfer tax $0 .00 NO Comm.Pres $0. 00 NO t Fees Paid $84 . 00 TRANSFER TAX NUMBER: 00-32284 THIS PAG$, W A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County ny 2 Number of pages 0 o rup[n fr. TORRENS 2001 Mar 2:� 04:;2,:2? F '+ F F r Serial# P'''r --- 7-170:j -.-_ Certificate# -- Prior Ctf.N 574 Lied/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 1.Basic Tax TP-584 2.Additional Tax Notation Sub Total • EA-52 17(County _ Sub Total Spec./Assit. Or EA-5217(State) Spec./Add. R.P.T.S.A. - Nm'U TOT.MTG.TAX Comm.of Ed. 5 Q� q cry Dual f Town—Dual County_ a y, Held for Apportion Af9daApportionment �• Transfer Tax e/'v` Certified Copy �� Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total dwelling only. Other 7— YES_or NO GRAND TOTALIf NO,see appropriate tax clause on page N _of this instrument. 151F Real Property Tax Servioe Agency Verification 6 Community Preservation Ftmd Dist. Section Block ,p�� Lot Consideration Amount $229,Sia,O11 ,rpt/OOD L02.OD OL.CG !/�" CPF Tax Due $ D "V Improved htitia S Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Addre TD I () RECORD&RETURN TO: �> o 7 y/ JD[s7t'I of JOU "�iDG4 /%T/a TD N(1 J/97 / •�e�oU��l i • 8 Title Company Information •� Co. Nam Till # 9 Suffolk Count R//ecor Un & Endorsement Page This page fonns part of the attached PQP4 ofye<//o n/Y>aI.'L 0 "l'/wL r made by: (SPECIFY TYk OF INSTRUMERf) f - The pretnises herein is situated in SUFFOLK COUNTY,NEWYO/RK • TO In the Township of S / l� - 7 UAW 07 ,Sn 44 14L�4/ In the VILLAGE or HAMLET of BOXES 5 TERU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVERT Sbu I • DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 15`h day of March, 2001, �( BETWEEN JOHN G. SCOTT III and SANDRA J. SCOTT, residing at 31025 Main Road, 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, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of TWO HUNDRED TWENTY-NINE THOUSDAND FIVE HUNDRED THIRTY-EIGHT • ($229,538.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: • 1 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: rib 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: BEGINNING at a monument on the southerly side of Long Island Railroad at the northwesterly corner of the Premises herein described and the northeasterly corner of the Sacred Heart Cemetery; RUNNING THENCE North 59 degrees 44 minutes 20 seconds East along the southerly side of Long Island Railroad, 520.10 feet to a railroad monument and land now or formerly of Goerier; THENCE South 43 degrees 24 minutes 10 seconds East along land now or formerly of Goerler and later along land now or formerly of Starke, 1885.53 feet; THENCE South 46 degrees 36 minutes 04 seconds West and through said lands of the party of the first part, 527.32 feet to a monument and land now or formerly of Jenkins; THENCE North 42 degrees 48 minutes 25 seconds West along said land now or formerly of Jenkins and later along land of the Sacred Heart Cemetery, 2003.55 feet to the point or place of BEGINNING. • • 2 al • 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, that the parcels of real property described herein are open lands actually used in bona fide agricultural • 3 • 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. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. • 4 • THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors • and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any 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-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 • 5 • or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. S AS set forth in Chapters of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. • IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. to/�NEss: Sellers: x/ ohn G. Scott III A".'A Sana J. Scott Purchaser: Town of Southold By: C JLYn W. Cochran, Supervisor • 6 • STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the 15"' day of March, 2001, before me personally appeared JOHN G. SCOTT III, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same and that by his signature on the instrument, the individual, or the person upon beh if of which the individual acted, executed the instrument. Notary Public KAREN J. HAGEN NOTARY PUBLIC, State of New Nbrk No. 02HA4927029 Qualified In Suffolk Coun Commission Expires March 21, 0.Z STATE OF NEW YORK ) )ss COUNTY OF SUFFOLK ) On the 15"' day of March, 2001, before me personally appeared SANDRA J. SCOTT, personally known to me or provided to me on the basis of satisfactory evidence • to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. / - KAREN J. HA NOTARY PUBLIC,Statee of of New`lbrk No. 02HA4927029 Notary Public Qualified in Suffolk County 02- Commission Expires March 21, 0. STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the 15`h day of March, 2001, before me personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the instrument, the individual, or the pe son upo behalf f which the individual acted, executed the instrument. /GZ KAREN J. HAGEN NOTARY PUBLIC, State of New Wrk Notary PubliV No. 02HA4927029 • Qualified in Suffolk County Commission Expires March 21, 7 T • I T L E P O L I � C Y • ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Commonwealth A LANDAMERICA MMPANY 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 insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused 44 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 t By: Attest: Secretary qW President • EXCLUSIONS FROM COVERAGE The following mattetu are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a)Any law,ordinmce or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improve- ment now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the affect of any violation of these laws,ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (e) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: • (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy(10-17-92) Valid Only If Schedules A and B and Cover Are Attached Form 1190-1 Face Page ORIGINAL Fil 'o.: RHBOOI1319 SCHEDULE A • Commonweatttt Amount of Insurance: $229,538.00 Policy Noa RH80011319 Date of Policy: March 15, 2001 1. Name of Insured: TOWN OF SOUTHOLD 2. The estate or interest In the land which is covered by this policy Is: Development Rights 3. Title to the estate or interest in the land is vested In, TOWN OF SOUTHOLD By deed made by 3OHN G. SCOTT III and SANDRA 3.SCOTT,his wife to the INSURED dated March 15, 2001 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. 4. The land referred to In this policy is described on the annexed Schedule A- Description. • Countersigned: L 'Authorized Officer or Agent Fee Policy Insert I I No.: RH80011319 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: 1. Rights of tenants or persons in possession. 2. Agricultural Assessment Commitments recorded in Liber/Reel 11415 page 16, Liber/Reel 11618 page 628 and Liber/Reel 11665 page 468. 3. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation will terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored taxes, plus penalty and interest, if any. 4. 2nd half 2000/01 town and school taxes. 5. Unpaid water charges to date, if any. 6. Survey made by Peconic Land Surveyors, P.C. last dated January 26, 2001 shows development rights parcel as cultivated fields, (a) dirt farm roads traverse premises, (b) Eleven (11) foot right of way over easterly part of premises. No other variations shown. 7. Company excepts possible rights of others than the insured, in, to, and over the dirt roads as shown on the survey herein as described in Schedule "A", but policy will insure that the use for Development Rights will not be disturbed by reason thereof and that fee title remains in the insured. • • Fee Policy Insert No.: RH80011319 SCHEDULE A - DESCRIPTION • AMENDED 2/16/2001 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: BEGINNING at a monument on the southerly side of Long Island Railroad at the northwesterly corner of the premises herein described and the northeasterly corner of the Sacred Heart Cemetery; RUNNING THENCE North 59 degrees 44 minutes 20 seconds East along the southerly side of Long Island Railroad, 520.10 feet to a railroad monument and land now or formerly of Goerler; THENCE South 43 degrees 24 minutes 10 seconds East along land now or formerly of Goerler and later along land now or formerly of Starke, 1885.53 feet; THENCE South 46 degrees 36 minutes 04 seconds West and through said lands of the party of the first part, 527.32 feet to a monument and land now or formerly of Jenkins; THENCE North 42 degrees 48 minutes 25 seconds West along said land now or formerly of Jenkins and later along land of the Sacred Heart Cemetery, 2003.55 feet to the point or place of BEGINNING. • • Fee Policy Insert 1 No.: RH80011319 Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY NO. RH80011319 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. The following Is added to the insuring provisions on the face page of this policy: 1.5. 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." 2. 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 15, 2001 Issued at: Commonwealth Land Title Insurance Company 177 Old Country Road, PO Box 419 Riverhead, NY 11901 By 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 i. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the The following terms when used in this policy mean: Company may pursue any litigation to final determination by a coot( of (a) "insured": the insured named in Schedule A, and, subject to an competent jurisdiction and expressly reserves the right, in its sole discretion, 1 y to appeal from any adverse judgment or order. rights or defenses the Company would have had against the named insured, • those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the (b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the, name of (he insured for this purpose. Whenever requested by the Company, the insured, al the Company's (c) "knowledge" or "known": actual knowledge, not constructive expenseshall give the Company all reasonable aid (i) in any action or knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or (d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interes( as insured. If the improvements affixed thereto which by law constitute real properly. The Company is prejudiced by the failure of the insured to furnish the required term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy described or referred to in Schedule A, nor any right , title, interest, estate shall terminale, including any liability or obligation to defend, prosecute,or or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall to real properly to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or respect to Section I(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or records" shall also include environmental protection liens filed in the other mallet insured against by this policy which constitutes the basis of records of the clerk of the United Stales district court for the district in loss or damage and shall state, to the extent possible, the basis of which the land is located. calculating the amount of the loss or damage. 1(the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss (g)"unmthe land,n of the title": a alleged from apparent maser affecting or damage, the Company's obligations to the insured under the policy shall the title to the land, not excluded r i excepted from coverage, which would terminate, the any liability or obligation to defend, prosecute, or entitle a purchaser of the estate or interest described a Schedule t to be continue any litigation, with regard to the matter or matters requiring such released from the obligation to purchase by virtue o( a contractual proof of loss or damage. condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the OF TITLE. Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks, favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a dale before or after in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if • mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured insured shall have liability by reason of covenants of warranty made by the claimant shall gran( its permission, in writing, for any authorized insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all r-cords, shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or either(i)an estate or interest in the land, or(ii) an indebtedness secured by control of a third party, which reasonably pertain to the loss cr damage, a purchase money mortgage given to the insured All information designated as confidential by the insured claim.�ot provided to the Company pursuant to this Section shall not be disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT, unless, in the reasonable judgement of the Company, it is necessary in the The insured shall notify the Company promptly in writing (i) incase of administration of the claim. Failure of the insured claimant to submit for any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall examination under oath, produce other reasonably requested information come to an insured hereunder any claim of title or interest which is parties as or grant permission to secure reasonably necessary information from third adverse to the title to the estate or interest, as insured, and which might Company under rthis poed in llicy as to that clairnl terminate any liability of the 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 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY. to the insured all liability of the Company shall terminale with regard to In case of a claim under this policy, the Company shall have the following the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the additional options: rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the INSURED CLAIMANT TO COOPERATE. time of paymant or tender of payment and which the Company is obliga- led to pay. (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and contained In Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured or against by this policy. The Company shall have the right to select counsel With the Insured Claimant. of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those staled causes of action and shall of an insured claimant any claim insured against under this policy, together not he liable for and will not pay the fees of any other counsel. The with any costs. attorneys' fees and expenses incurred by the insured Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment in the defense of those causes of action which allege matters not insured and which the Company is obligated topay; or against by this policy. (it) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' • (b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is opinion may be necessary or desirable to establish the title to the estate or obligated to pay. interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for The Company may take any appropriate action under the terms of this in paragraphs(b)(i) or (ii), the Company's obligations to the insured under policy, whether or not it shall pe liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments concede liability or waive any provision of this policy. If the Company required to he made,shall terminate, including any liability or obligation to shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation. B t'190 4 Condi. , and Stipulations Continued Inside Cover , ' (Continued) 7. DETERMINATION, EXTENT OF LIABILII r AND COINSURANCE. (b) When liability and Lae extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary, loss or fixed in aceordance with these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the extent herein described. • (a) The liability of the Company under this policy shall not exceed the (a) The Company's Right of Subrogation. least of: Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant. (ii)the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Dale of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the (i)where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Dale of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated (ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event, loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this 120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improvement. of subrogation. The provisions of this paragraph shall not apply to costs, attorneys' fees (b)The Company's Rights Against Non-insured Obligors, and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation, the rights of the insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds, (c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy. S. APPORTIONMENT, 14.ARBITRATION If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured which are not used as a single site,and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include, pro rata basis as if the amount of insurance under this policy was divided y but are not limited to, any controversy or claim between the Company and 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, the insured arising out of or relating to this policy, any service of the • unless a liability or value has otherwise been agreed upon as to each parcel Company in connection with its issuance or the breach of a policy and shown the by an express state and the entl or by by an endorsement e time of the �,achedof this toothis Insuran a iisrovision r$1,h000,000 orobligation. less shallbetrable arbitratedmatters the optionthe of eitherAmount the policy. Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of$1,000,000 shall he arbitrated only when agreed to 9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy (a) If the Company establishes the title, or remove! the allegeddefect, and under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy land, or cures the claim of unmarketability of title, all as insured, in a shall be binding upon the parties. The award may include attorneys' fees reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to completion of an a award attorneys' fees to a prevailing party. Judgment upon the award p y appeals therefrom, n shall have Polly performed its rendered by the Arbitrator(s) may he entered in any court having obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. jurisdiction thereof. (b) In the event of an litigation, includinglitigation b the Company The law of the situs of the land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has been a fnal determination by a court of A copy of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE (c)The Company shall not he liable for loss or damage to any insured CONTRACT. for liability voluntarily assumed bythe insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence, All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to tanto. this policy. 11. LIABILITY NONCUMULATIVE (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the I[is expressly understood that the amount of insurance under this policy President, a Vice President, the Secretary, an Assistant Secretary, or shall be reduced by any amount the Company may pay under any policy validating officer or authorized signatory of the Company. insuring a mortgage to which exception is taken in Schedule B or to which 10. SEVERABILITY. the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest In the event any provision of thepolicy is held invalid or unenforceable described or referred to in Schedule A, and the amount so paid shall be under applicable law, the policy shall be deemed not to include that provi- deemed a payment under this policy[o the insured owner. sin n and all other provisions shall remain in full force and effect. • 17.NOTICES,WHERE SENT. 12. PAYMENT OF LOSS. All notices required tube venthe Co req gi include the anumber o f this policy and required (a)No payment shall be made without producing this policy for endorsement to be famished the Company shall include the number of this policy and shall be of the payment unless the policy has been lost or destroyed,in which case proof addressed to: Consumer Affairs Department,P.O.Box 27567,Richmond,Virginia of loss or destruction shall be furnished to the satisfaction of the Company. 23261-7567. NMI PA 10 ALTA Owner's Policy(10-17.92) FOrM 1190-3 Cover Page ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached YORK OFFICES . • ❑ NEW YORK CITY 655 Third Avenue New York, New York 10017 (212)949-0100 i ❑ BUFFALO Cathedral Park Tower 37 Franklin Street,Ste 100 - Buffalo, New York 14202 (716)853-6800 A WORD OF THANKS ..... GARDEN CITY As we make your policy a part of our permanent 1325 Franklin Avenue,Suite 160A records, we want to express our appreciation Garden City,New York 11530-1631 of this evidence of your faith in Commonwealth (516)742-7a7a IS POLICY OF Land Title Insurance Company. OWNER NEW CITY There is no recurring premium. ❑ TITLE INSURANCE 17 Squadron Boulevard,Suite 302 (10-17-92) This policy provides valuable title protection and New City, New York, 10956 we suggest you keep p (845)634-7070 99 Y p it in a safe lace where it will be readily available for future reference. ❑ ISLANDIA If you have any questions about the protection provided by this policy, contact the office that 1777-6 veterans Memorial Highway AMERICAN LAND Tnu ASSoCIMON issued your policy or you may write to: Islandia, New York 11722 (631)232-3503 Consumer Affairs Department ❑ RIVERHEAD Commonwealth Land Title 177 Old Country Road Insurance Company Riverhead,New York 11901 (631)727-7760 P.O. Box 27567 El Issum By Richmond, Virginia 23261-7567 WHITE PLAINS COMMONWEALTa LWD TITIE INSURANCE COMPANY TOLL FREE NUMBER: 1-800-446-7086 50 Main Street White Plains,New York 10606Or Commonwealth (914)949-0002 A L�cowexr Title Insurance Since 1876 NATIONAL TITLE SERVICE 655 Third Avenue HoM Omm New York, New York 10017 101 Gateway Gentre Parkway,Gateway One (212)949-0100 Richmond,Virginia 73735-5153 B 1190.3 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 23.0882 acres of active farmland and/or -0- acres of non- farmland, situated at Suffolk County Tax Map No. 1000-102-2-23, 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. • Proiect Sponsor Landowners TOWN OF SOUTHOLD By: /- u Je n W. Cochran, Supervis r John G. Scott III 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 (—1119411.w�ly!" X� Sandra J. Sco STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) • On the 15th day of March, 2001, before me personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD; that she knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. 7 �4 Notary Publi NOTARY PUBLIC,State of New York No. 02HA4927029 r�ty Qualified islCou CommissioEpr March 21,2p L STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the 15th day of March, 2001, before me personally appeared JOHN G. SCOTT III and SANDRA J. SCOTT personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity as • owners of the subject premises; and that by their signatures on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument. lO / Notary Publi KAREN J. HAGEN NOTARY PUBLIC, 02HANew York 4927029 Qualified in Suffolk county Commission Expires March 21,20U • P � R O P E R T Y R � E C O R D S i G R A N T I N F O R M A T I O N AC 92(Rev.6/94) SEE INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING STATE STANDARD VOUCHER Voucher No. OF NEW YORK jJ Originating Agency Orig.Agency Code Interest Eligible(Y/N) 2J P-Contract Payment Date (MM) (DD) (YY) OSC Use Only Liability Date (MM) (DD) (YY) i i l 3 Payee ID Additional Zip Code Route Payee Amount MIR Date (MM)(DD)(YY) 11-6001939 PPayee Name(Limit to 30 spaces) IRS Code IRS Amount Town of Southold Payee Name(Limit to 30 spaces) Stat.Type Statistic Indicator-Dept. Indicator-Statewide Address(Limit to 30 spaces) 5 1 Ref/Inv.No.(Limit to 20 spaces) 53095 Route 25 Address(Limit to 30 spaces) Ref/Inv.Date (MM) (DD) (YY) PO Box 1179 City(Limit to 20 spaces) (Limit to 2 spaces)4 State Zip Code Southold 6 Purchase Description of Material/Service Order No. If items are too numerous to be incorporated into the block below, Quantity Unit Price Amoun; and Date use Form AC A3 and carry total forward. Agricultural Land Development Rights I John & Catherine Sidor t $ 252,794 : 00 31.773 acres I John & Sandra Scott 157,056 :00 22.9538 acres f 1 Lieb Vineyards 56,925 ;00 12.721 acres 1 1 t CONTRACT NO. C800013 1 1 I I 1 I 71 Payee Certification: I certify that the above bill is just,true and correct;that no part thereof has been paid except as states:and that f Total ( 66 7 75.00 the bala is actually due and owing,and that taxes from which the State is exempt are excluded. Discount Supervisor Payee's Signature In Ink Title 3.2/6/01, 'Town of Southold � ! IDate Name of Company IL Net $ 466,775.00 FOR AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT Merchandise Received I certify that this voucher is correct and just,and payment is approved,and the goods or services Certified For Payment rendered or furnished are for use in the performance of the official functions and duties of this of Date agency. Verified Net Amount Authorized Signature Page No. Audited By Date Title Special Approval By (as Required) Expenditure Liquidation Cost Center Code Object Accum Dept. Cost Center Unit Var Yr Dept. Statewide Amount Orig.Agency PO/Contract Line F/P I__T i 177 OSC a Check if Continuation torn Is attached. btacte of ,ameba Porgy A REMITTANCE ADVICE for CHECK NO. 62814370 NOTICE: To access remittance information on any one of;your NYS payments,visit https://www2.osc.stato.rW,us/pay Agen :Coda and Description Tele Inquiry No Voucher No Pa ee Reference/Involce No Rdi ,,Date Payment Amount ' SA! C a NKTS - - C JZ/06/01 zts' ' 5586 0800013 12/06/01 466`,775.00 I � v II Is' 6 &k ln.. Tc rr. er r \ Non-Negotiabj CheCk Total J *******$495,479.00 DETACH HERE PLFASi CASH BEFORE CASHING WITHIN 1'80 DAYS Z064-04-OMI 064-04-006a e K 11 IN f JP O ,es ��rtrro4, s.X`4 X, ¢I 54F 41 41 RL 2q f%N � Jy'r x� D '0.•✓H4, cy„ sy Rqq-,� -Wfr °Y f H. 4r fP94 m 4r <q I6.OA O <y I' 6 GIq1 E14 r0� e q RSI �4L�f YO �YIS �a• �2 'm a O f 641 1 � T v a LR r4 2.2 W9A 13 LO\N OF SOUTHb o 23.1A 2.1 ioFvsmwcxr acxrs • s' 1.9A 1000-96.-5-13 (f/k/a 1000-102-2-p/o ) TOWN OF SORT ACRES 1a1EtmuOOT NPxm O J 9 f 13.1 O 4.BA(d �O SnCPEO M.ci CEUEI FAv „ JJ q 6 OF ALI uov OF OSTF LOAMA FOR P0..NOT 1OR PCL NO. FON PCL N0. I r SEE SEC.NE. SEE SEC.k1 SEE SEC.NO. 129 300-04-00].1 102-02-023.3 100-02-0]3W4 4 T9e(�I ; '� , 8. _ ___. __—__—�—_ . . �- NAiCH - —� LNE MAtCH LINE MATCH lME SEE SEC.N0.102 P,rv,,.✓„_ A'S oF. rN6 p� R onr,E . COUNTY SUFFOLK C E a 0 U TOWN N — ^— �R ”" WTEN, ,AI,FF.TI�N.9ALEeR &a Rea Property Tax Service Agency Y nT Ea 1 WE 1.1 TOT _ ( _ oisTFl6mi0N OF ervr PORTIary a TIE a ja Canty Center RIVerhead N Y 11901 rc ;uFFaLV cauxtt LAX wF S VFoxl&iEo LFII SLATE IN FEEL M TILIHAT s[�(EF WITHOUT WRITTEN PERWSSIa1 uF THE a��$6�y P Int xm •—._ - c ._ rW zw A �IRC1 WE rmn rvin Omrk�irc--..-- NMLxNcf ._ TEAL PRwCxtt TAX OFFICE'HENCr. IONIER9mx"I • Year 2004 a¢n- ttc>o Fnn . ot�a. nu • ��t. nt.ra tot• ap rca, e File View Toolbar Help 196.-5-13 47 o d � ed i 1 hook 3ttltU Stmol [ s Rq .2005trrFt is r =Land� b0 ; la 3.":,0, acresctalk+ 00 CUM ISI 1 ue Mtsi1L out . Addldt .- Muni: 100 Pager; 41 Sfieef: ', 5dhool: :10Mortg.i 0 Bank _Zrp 1 035 m ehiaReeSYai:1do Acct No: 13 Saley t „ TpTa Site 1W 1 ';: Land 0 al-0 Book =: Pages a SaleD a-- SaleP[Tae pwneTv' Prpels: Land rights 1236tt. d21 11124A sai— lb lnv f rbwers l Nbad Cd--O 1211ik- 192 := oilw0 3$ ont 'ihhnfi.iil Sewer: Will Utilities: Or Exempnn Total 1m Awn Building Total: 0 Code kmountar ._ Pnl . 4172-0--AS DIST ': _ 21100 0 5pgiaal Drstnct Total: value/ Improvement Total. 0 Code .w Unity .Pcl"Types. Mane Tax Type Name Dim1 Dim2 SQFT Yr Built FDb29=Ctttthege FL _00 `. .00 OQ PK090-,Cutch=New Si _00 = .00 r .00 , Pnntsthe screen - - __ - . Start LL Inbox-Microsoft Outlook _,j Melanie Cover Sheet-Microsoft ... a RPS Version 4-[ LOCATION 31025 Main Road Cutchogue, NY 11935 DESCRIPTION Acquired Develop. Rights GRANTOR John G. &Sandra Scott t GRANTEE Glover Perennials, Inc. LAND SIZE 23.09 t Acre(s) CONSIDERATION $538,500.00 LIBER/PAGE 12360/421 DEED DATE 11/24/2004 RECORDED DATE 12/14/2004 SUFFOLK TAX MAP 1000-96-5-13 ZONING A-C VERIFIED Jim Glover(1/2005) PRICE PER UNIT $23,322.00 per Acre COMMENTS AND ANALYSIS This is the sale of land without development rights. It is generally level and in use for agricultural purposes. Access is via ROW(22'wide) out to Main Road. 31025 Main Road Cutchogue, NY 11935 SCTM #1000-96-5-13 • TO: Planning Board Tax Assessors Building Department FROM: Melissa Spiro, Land Preservation Coordinator RE: Development Right Acquisitions DATE: March 16, 2001 • Please be advised that on March 15, 2001, the Town purchased the Development Rights on the propertv listed below. if you would like any additional information regarding the purchases, piease feel free to contact me. SCTM# OWNER EASEMENT PURCHASE MISC. AREA DATE 102-2-23 John and Sandra 23.0882 3/15/01 20.7457 acres of the property Scott were not included in the purchase. See attached tax map for acquisition location. cc: Greg Yakaboski PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair C Town Hall, 53095 State Route 25 • RICHARD to Z Southold, New York 11971-0959 WILLIAM J..CREMERS P W T Tele hone (631) 765-1938 REM � � � KENNETH L.EDWARDS 'y?J�l y �a�� Fax(631) 765-3136 MARTIN H.SIDOR �( PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2004 Ms. Sandra Tuffy P.O. Box 1168 Cutchogue, NY 11935 Re: Proposed Minor Subdivision of John Scott & Sandra Tuffy (formerly Scott) Located at 31025 Main Road in Cutchogue SCTM#s1000-93-5-13 & 102-2-23.4 Zoning District: A-C Dear Ms. Tuffy: The Southold Town Planning Board, at a meeting held on Monday, September 13, 2004, adopted the following resolution: • The public hearing was closed. WHEREAS,this proposed minor subdivision will subdivide a 43.25 acre parcel into 2 parcels where SC M#1000-96-5-13 equals 23.08 acres upon which Development Rights have been sold and SCTM#1000-102-2-23.4 equals 20.16 acres, inclusive of an 11.16 acre reserve area and 9 acres upon which Developments Rights are proposed to be sold to the Town of Southold; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as last revised November 11, 2003. The plat, endorsed by the Chairperson, must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Prior to filing, the Planning Board is requiring that the Right of Way/Easement Agreement, dated March 2004, be also filed with the Office of the Suffolk County Clerk and the Liber and page number noted upon the plat. If you have any questions, please contact my office. Very truly yours, Illi LS D E C E 0 2 ��'e—o�llsz_c-�_ SEP 1 U D • 6 2004 Jerilyn B. Woodhouse Chairperson DEPT.Of LAND cc: Melissa Spiro, Land Preservation Coordinator PRESERVATION NYSRPS ASSESSMENT INQUIRY DATE 12/29/2004 473889 SOUTHOLD SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS 129 LAND RIGHTS TOTAL RES SITE 96 --5-13 TOTAL COM SITE 31025 MAIN RD ACCT NO 13 OWNER & MAILING INFO === 1 =MISC 1 ======== ====== ASSESSMENT DATA TT JOHN G III 8 SANDRA IRS-SS I **CURRENT** RES PERCENT BOX 1168 1 1 ILAND 21900 **TAXABLE** CUTCHOGUE NY 11935 1 BANK ITOTAL 21900 COUNTY 200 **PRIOR** TOWN 200 1 ( LAND 21900 SCHOOL 200 1 ( TOTAL 2,900 ==DIMENSIONS === 1 =====_= SALES INFORMATION ACRES 23. 09 IBOOK 12110 SALE DATE 03/15/01 SALE PRICE 229,538 IPAGE 192 PR OWNER SCOTT JOHN G III 8 WF =======TOTAL EXEMPTIONS 1 _____________ 1 == TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 41720 2,700 04 IFDO29 IPK090 1WWO20 1SWO11 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75 . 10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU • Property purchased by James Glover in November 2004 • .1 _ a3 TOWN OF SOUTHOLD PROPERTY RECORD., CARD;/;' y� OWNER STREET 3 2 VILLAGE DIST. SUB. LOT rir " 1T v:w. .r a llod � c`i o � 0 2JC►�� J�eQ� ', OWER OWNER N / a E ACR. _ S TYPE OF BUILDING ,v/vi£ Pia w�u e pdd' W A SEAS. VL FARM COMM. CB. MISC. Mkt. Value LAND IMP, TOTAL DATE REMARKS Cf l 6 / Z i d !f `l0 3 ad Q /2 3a o Z 0 1 ��! a to jwki: ,1u da �2, 0wp $o /7a o-�n. — w c�vu o n G See sa n AGE BUILDING CONDITION 13 1 � m E� !fi(-0 JEW NORMAL BELOW ABOVE 1, 144 it/ [/ ,i qqRM f,'; Acre Value Per Value A Acre 3 h ,ilgble . 1Ll1 I;. oodloA0 + ampland, FRONTAGE ON WATER 4shian8''z �; FRONTAGE ON ROAD fuse Plot DEPTH BULKHEAD j tal ro 1 ( �� YJ� OCK k Ir + k y 2 • 0 0 4 P H O T O � S • - •4 •:' Y f y� ilk ♦ y I 1 ror1 41 . fR •.�� ��• -J ae ., t t ' ��• i1..1� .y ht r+• ` a . ts ) Y�+� r�< tii 'f tr •+T •�.° t'..M • 1 photo taken 9/23/04 from approximate center of dirt road crossing property 1000-96.-5-13 facing northerly `� :� _ �'7�_ �'�1,. � �•���I� a. 'McLL i �sJc•�'k �, `� k.a.P t ` -_ �'y,_i�, f,l . f "y � .. � • FYf ,4�o,,y.� mow. •r.r4• r � �I ��,I ``l �. 1k � �' �ez .� ���I�e �f � � •��.� � • ;' j�•�t ` • '��: 4••� '. .•N .fir . -�. I '._ ..k • .'7 'v," f , 14[/4 r.� er. �. � � -_ � . t • • • I • • • • • • • . • • • • • • - I11 2 � � 0 0 5 U S E R E v � I E W R E Q U E S T opF SOpTyol ELIZABETH A. NEVILLE O Town Hall, 53095 Main Road • TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS H Southold, New York 11971 MARRIAGE OFFICERO Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Oly � Telephone (631) 765-1500 FREEDOM OF INFORMATION OFFICER cou 1'rrV, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 276 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2005: RESOLVED that the Town Board of the Town of Southold hereby approves the trailer permit application of Glover Perennials to locate a mobile trailer to be used as a farm office on property located on Sterling Lane, Cutchogue, New York SCTM#1000-96-5-13 for a period of six (6) months. • Elizabeth A. Neville Southold Town Clerk • OFFICE LOCATION: MELISSA A.SPIRO Q�� CQ Town Hall Annex LAND PRESERVATION COORDINATOR m 54375 State Route 25 • melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) x Southold,New York Telephone(631)765-5711 p Facsimile(631)765-6640 'y • Qty MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 5, 2005 James Glover Glover Perennials P.O. Box 1587 Mattituck, NY 11952 RE: Request for Land Preservation Committee Review of uses on property on which Town owns a development rights easement SCTM # 1000-96-5-13 (f/k/a Scott Farm) Dear Mr. Glover: • The Land Preservation Committee Members, in accordance with Section 25-50 C. (2) [3] of the Town Corte, reviewed the proposal you brought to the Committee on December 7, 2004, your follow-up letter of December 16, 2004, your revised production area snown on a sketch dated 1/3/05, and the marked survey dated 1/4/05 which was discussed at the Land Preservation Committee meeting held on January 4, 2005. 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 uses 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. Temporary greenhouses for perennial production, ranging in size from 1000 to 6000 square feet, to be located somewhere within the rectangular . area shown on the attached marked survey dated 1/4/05. The rectangular area begins approximately 300' north of the southern most boundary of • your property, is approximately 425' wide in an east/west direction from the westerly property boundary, and continues in a northerly direction for approximately 1200 feet. 2. An office trailer, of approximately 1000 sq. ft., to be located generally within the 100' by 100' square foot area (located within the above- mentioned rectangular area) shown on the attached marked survey dated 1/4/05. The office trailer will be serviced by portable toilets. 3. Unpaved parking to be located within the vicinity of the office trailer and within the boundaries of the above-mentioned rectangular area. 4. Electrical service for the office trailer, well(s) and general electric use. 5. Irrigation well(s) and irrigation mains for the production area located within the above-mentioned rectangular area. 6. Deer fencing, to be located along the property perimeter and/or internally, for crop protection. You note in your letter of December 16th, that future expansion will include additional temporary greenhouses and a barn. The Committee's approval is for • the uses mentioned above within the described rectangular area only. You will need to return to the Committee for approval of any greenhouses that will be located outside of the rectangular area and for approval for any proposed barn or other structures. 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, Mel ssa Spiro Land Preservation ordinator Enc.: marked survey copy cc: Planning Department w/ marked survey copy Building Department w/ marked survey copy /04 U rilvr-u, ty- dip oVul j '" 0,4 "- 23.4 Win n } n o & iJ i v _ 1 S(A ,QE - i - __ {A `1Lz 5 AWA Ad* - I wth,n 7F,s af[gl r, T :2 V A T £ 73 q q F F L fl j �1 ' „M1 /000 - 96 !loW a. SCOTT',. 9VA 7"N OF �( J• SCOTT _ '�' (fXrC�S TBV T fl('L•I rs Al f -4 T 4R a z: . . w _ a t ^� 1+ 6 ,r{ L 4- rot 4 - 2 y AR WP O�JHV4A PWIII To CW A)W CF6 lr& 6 OF TFj SbF �FO�jy m IS< N _- GLOVER PERENNIALS Specialty Groundcovers, Perennials & Vines Mailing Address: Site Location: PO Box 1587 1160 East Mill Road Mattituck, NY 11952 Mattituck, NY 11952 TEL: (631)298.1492 O FAX: (631)298-1493 2-16-04 \7e v�L� embers of the Southold Town Land Preservation Committee From: James Glover The following is the proposal for the layout of our nursery operation. • Initial use of the farm will begin approximately 300 feet from the south end. Temporary greenhouses will be erected northward from there. They may range from 1000- 6000 square feet, and are used for perennial production. Our operation also uses significant areas without structures. • An office trailer will be placed in proximity to the east side of the temporary greenhouses. Office • trailer will be approximately 1000 sq. feet. Portable toilets will be used. • Future expansion will include additional temporary greenhouses and a bam. We will need to return to the LPC for review of the barn at a later date. • Electrical service will be brought onto the site in the vicinity of the office trailer for the office, well(s)and general electric use. • Irrigation well(s)will be dug. Irrigation mains will be installed to the production areas. • Unpaved parking will be provided in the vicinity of the office trailer. • Deer fencing may be installed for crop protection. Thank you very much for your consideration. • 2 � 0 0 6 P H O T O � S • SCTM #1000-96-5-13 GLOVER • Propertypurchased from Scotton • • - 11 23.0882 acres development • purchased by Town of Southold from John G. Scottand Sandra • on 11 • • taken on - • 2006, from southwesterly - of parcel facing northerly to greenhouses m _ A t 2 • 0 0 7 U S E R E v � I E W R E Q U E S T • Except from adopted 8/7/07 Land Preservation Committee Meeting Minutes: Uses/Structures on Existing PDR: • GLOVER PROPERTY f/kla SCOTT PROPERTY SCTM #: 1000-96-5-13 Zoned: A-C Location: Main Rd, Cutchogue CPF: Yes PDR: 22.9538 acres Shed request. Landowner's request conveyed by electronic mail from Melissa to LPC members. Melissa to send landowner formal letter of approval. MOTION made by John Sepenoski, seconded by Lillian Ball, to recommend approval for Jim Glover to construct a 10x10' shed to house the existing water pump in the location indicated on the aerial provided for review by the Committee with no screening requirement, provided all is in accordance with applicable Town Code. Motion carried: 6/0 • • 7/25/07 RE: Jim Glover property SCTM# 1000-96-5-13 Hi, Yesterday Jim Glover sent in a request for a shed to cover an irrigation well pump he recently installed. I had hoped to discuss the request at our meeting, but we ran out of time. Jim contacted me today and asked if we could make a decision prior to our next meeting (April 7h) as he would like to cover the irrigation well as soon as possible. I have attached an aerial view Jim submitted showing the shed location. The aerial was scanned and is a bit difficult to read. The aerial faces north, the farm road at the bottom right is the access coming from Main Road, Butch Starkie's house is on the right side of the farm road. Please call me if you need additional information about the location. As per my phone conversation with Jim, the shed will house the well pump. It will be 10' x 10'. It will be a metal, standard issue shed. Since Butch Starkie was recently at a Committee meeting in regard to the Glover • property, I contacted him yesterday to tell him that we had received a request for the shed and that we may be discussing the new request at our meeting. I explained to him that it was not possible for me to contact him every time we discussed the Glover property in the future, but that he was welcome to call us every so often to see if anything pertaining to the Glover property was on the agenda. When Jim called me to ask me to try to get a LPC decision prior to our next meeting, I advised him that I would be contacting Butch to let him know how we were proceeding. He was in favor of me doing this. I have contacted Butch, and he is aware that I will be e- mailing LPC members regarding approval for the proposed shed. Please let me know if you approve of the shed location. Any LPC approval would be subject to any other applicable Town requirements. If I receive 4 e-mails approving Jim's request I will let him know the LPC's decision. If I do not receive 4 approving e-mails, I will hold the request for discussion at the August 7`h meeting. Thanks, Melissa o me l 155a., 0 N/a-t2� 5m u I l 5 c&u a r e. n u�--r c.�.�.�� a ��D $l,�ic,� �occcf Oh. 4. r. r a� 1 li y �ibQoSr� S�! t7►, +r ^ eRR1 1 ��.+ ...MY•' �.4 n.. � 1 ' 2 0 1 4 L P C R E V I E W R E Q U E S T OFFICE LOCATION: MELISSA A.SPIRO ��0f so�ryo Town Hall Annex LAND PRESERVATION COORDINATOR �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 �l �Q MAILING ADDRESS: y�DUNT'1,� P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Septembef 3-,-20�4 Revised: September 9, 2014 James Glover Glover Growers Inc. P.O. Box 759 Cutchogue, NY 11935 RE: Request for Land Preservation Committee Review of use on property on which Town owns a development rights easement SCTM # 1000-96-5-13 (f/k/a Scott Farm) Dear Mr. Glover: The Land Preservation Committee Members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed your request via e-mail dated August 26, 2014, at its meeting held on September 2, 2014. Said request was made for the placement of an additional trailer for office space purposes and located as sketched on an aerial view of the property. 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 the installation. All improvements are subject to all applicable Town Code requirements. • An office trailer, of appFox ely the-same ;e-exist e traeleF, with dimensions being approximately 24' x 56' to be located in the general area sketched out on the attached aerial view of the property. • The existing office trailer will be converted to use for office overflow and storage purposes. Please note that the Committee's approval of the use within the easement does not mean that such use 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 MS:md enc.: . e-mail request dated August 26, 2014 w/sketched location on aerial cc: Planning Department w/ enc. Building Department w/ enc. -----Original Message----- From: jimf@gloverperennials.com [mailto:iim(@gloverperennials.com] Sent: Tuesday, September 09, 2014 9:50 AM To: Spiro, Melissa Subject: RE: Emailing: CCI08262014 Hi Melissa, I got your letter. I do want you to know the size of the new trailer is larger. Total dimensions are 24' x 56' . Feel free to contact me if you have any questions. Jim Glover Glover Perennials jim(@gloverperennials.com www.gloverperennials.com P: 631-765-3546 F: 631-765-3549 -----Original Message----- From: jim*gloverperennials.com [mailto:iimPgloverperennials.com] Sent: Tuesday, August 26, 2014 7:03 PM To: Spiro, Melissa Subject: Emailing: CCIO8262014 Hi Melissa, Attached is a scan showing the approximate placement of our new office trailer to be located south and west of our current office trailer. It has become necessary to expand our office space to accommodate our growing staff size. Please feel free to contact me with any further questions or to schedule a site visit. Regards, Jim Glover Glover Perennials 631-765-3546 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 1 A#�' �+ " i rs .c 'Si '�'$"� t� •1 33 1 r OFFICE LOCATION: MELISSA A.SPIRO �,Zf soyoTown Hall Annex LAND PRESERVATION COORDINATOR �� 1 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 G Facsimile(631)765-6640 �� MAILING ADDRESS: COU NT`I, P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 3, 2014 James Glover Glover Growers Inc. P.O. Box 759 Cutchogue, NY 11935 RE: Request for Land Preservation Committee Review of use on property on which Town owns a development rights easement SCTM # 1000-96-5-13 (f/k/a Scott Farm) Dear Mr. Glover: The Land Preservation Committee Members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed your request via e-mail dated August 26, 2014, at its meeting held on September 2, 2014. Said request was made for the placement of an additional trailer for office space purposes and located as sketched on an aerial view of the property. 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 the installation. All improvements are subject to all applicable Town Code requirements. • An office trailer, of approximately the same size as the existing office trailer, to be located in the general area sketched out on the attached aerial view of the property. • The existing office trailer will be converted to use for office overflow and storage purposes. Please note that the Committee's approval of the use within the easement does not mean that such use 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, 44-0 1 4ue- Melissa Spiro Land Preservation Coordinator MS:md enc.: e-mail request dated August 26, 2014 w/sketched location on aerial cc: Planning Department w/enc. Building Department w/enc. -----Original Message----- From: jim(@gloverperennials.com [mailto:iim(@gloverperennials.com] Sent: Tuesday, August 26, 2014 7:03 PM To: Spiro, Melissa Subject: Emailing: CCIO8262014 Hi Melissa, Attached is a scan showing the approximate placement of our new office trailer to be located south and west of our current office trailer. It has become necessary to expand our office space to accommodate our growing staff size. Please feel free to contact me with any further questions or to schedule a site visit. Regards, Jim Glover Glover Perennials 631-765-3546 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 r �n 1 AK b e v- Vu J A � E R I A L S • • +aA e aam �I v, d Y. . M f 7 1 � _�awYM1 >r r `lam. - "f� •� s w ' X. I it 1000-96 5-13 ty (f/k/a 1000-102-2-p/o 23) y F v i YL i '0� .�.✓F" ., .. //fid:, � ��' 2004 Aerial 31025 Main Rd (Rt 25) , Cutchogue 23.0882 acre development rights easement purchased by Town of GLOVER GROWERS INC. purchased Southold from John G. III & Sandra J. Scott on March 15, 2001 property from Scott on November 24, 2004 N 1000-96-5-13 (f/k/a 1000-102-2-p/o 23) f +- a io � y i a • F 2001 Aerial SCOTT Property 23.0882 acre development rights easement 31025 Main Road, Cutchogue S � U R V E Y • • __ p E Co E d E z0ft ash Fm) 59'gq,-,c0• f i �- DEPT 0I LAND N----- - PRESER°Ail°" StFAVEY OF PROPERTY i AT CUTCHOGUEQo o roeE�1 !Acru�tl TOWN OF SOUPHOLD RR ON SUFFOLK COUNTY, NEW YORK z 1000-102-02-23 a SCALE: I"=100' ti .IAN. 10, 2001 mro JAN. 26, 2001 Mar. 14, 2001 (additions) FINAL SURVEY D I � A c IT L T I V n T E D I b m A F 1 E L D q A A w .i? � O n m �i w r1 A I i l DIRT EARN ROAD 0 s Area of proposed conveyance of Development Rights Eosement to the Town of Southold, pursuant to Chapter 6" of the Southold Town Code. II i m n w A AREA = 290W2 ACRES n C U L T I V A T E D x (� o F I E L D CERTIFIED TO, i TOWN OF SOUTHOLD COMMONWEALTH LAND TITLE INSURANCE COMPANY JOHN G. SCOTT, 111 8 SANDRA J. SCOTT 2 I �o N D A f t H Z Q f�I L 2 p p C A toto Ntail \ r bC DTR` A="—oaD ' V l I � Q r , 3 96Wt�P e; 46'36"'E. 87E.42, . W22'—' w fIJ � .s Q _. < •3 e N N,y a F A L L ❑ W V N Po � (30 F I E L D D^ ^ n m w � r b O Z N s, roa AREA = A7467 ACRES a a 0 s , I, I> . 132,00' S 51.21'50' W i t n c y � a � z �1 n3 G) a I r ray m m w rc ti 1 M z ■ =M(7NUMENT - + —r — + =PUS T & WIRE FENCE I o x --OVERHEAD WIRES � I I y � c AREA= 43.8339 ACRES 0 AREA OF IIr Right of Way in Development Rights Area = 0.4785 Acre yf • „ K AREA of IIr Right of Way from South Line of bevelopment Riqgh . ,� Area to North 'end of Slorkte House = 0.13$4 Acre m w z I I i i a g SHED S 48.08'50' W 2 I N v e0 Y sNED n Sp p HSE rR DARN 2 FARM PP O RH>� OAS inl7� F.-Ill r. y 3140' W of Nf370.00' ---- 370.30' S1Poa�t.Merr,FU?4 (DEED) PAINROAD A r.s i•� ,,� ,,IIII� IIIIpp (S � )r, r a961£r cliANY ALTERATION OR ADDITION T❑ THIS SURVEY IS A VIOLATION i 31) 765 31) 765-1797 Tc <f Sas A°P 'd OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW F, D. BOX 909 7 - (gNOt EXCEPT AS PER SECTION PR09-SUBDIVISION 2. ALL CERTIFICATIONS P D. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 1330 TRAVELER STREET SAID MAP OR COPIES BEAR THE IMPRESSED SEAL ❑F THE SURVEYOR SOUTHOLD, MY, 11971 WHOSE SIGNATURE APPEARS HEREON.