HomeMy WebLinkAboutGrippa, Paul & Maureen M1000-121-2-5 &
1000-122-1-2.5
(f/k/a 1000-122-1-p/o 2.2)
Baseline Documentation
Premises:
1100 County Road 48
Mattituck, New York
8.5142 acres
Development Rights Easement
PAUL GRIPPA and
MAUREEN M. GRIPPA
to
TOWN OF SOUTHOLD
Easement dated May 4, 2005
Recorded May 31, 2005
Suffolk County Clerk - Liber D00012389, Page 769
SCTM #:
Premises:
1000-121-2-5 &
1000-122-1-2.5
(f/k/a 1000-122-1-p/o 2.2)
1100 County Road 48
Hamlet:
Mattituck
Purchase Price:
Funding:
$255,246.00
(8.5142 buildable acres
$30,000/acre)
Community
Preservation Funds
(2% land bank)
CPF Project Plan:
Yes
Total Parcel Acreage:
10.5142 acres
Development Rights:
8.5142 easement acres
1000-121-2-5 = 1.8255 acres
1000-122-1-2.5 = 6.6887 acres
Reserved Area:
2.0 acres
Zoned:
R-40
Existing Improvements:
In May 2005 -
Wood fences; gravel area in
western sector surrounded by
wood fencing; one small framed
building in center of parcel;
partial gravel driveway; woods
DESCRIPTION
Lot 2.2 is part of a larger parcel which has an irregular "T" shape with ! ,849+' of
frontage along the southerly side of Middle Road, irregular easterly and westerly borders,
and a southerly border with 497+' of frontage along the northerly side of Sound Avenue.
The subject is a 9.50+ acre portion of the above described property.
The property has a rolling topography which is wooded. There is an estimated small
area of freshwater wetlands on the subject which appears to be unregulated and does not,
in our opinion, effect the overall development potential of the subject.
Land use surrounding the subject is primarily vacant, or improved residential
proper:ties.
· IMPROVEMENTS
The subject is vacant land.
PRESENT USE AND OCCUPANCY
The subject is presently vacant and in use for agricultural purposes.
GIVEN
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'LAND PRESERVATION COMMITTEE MEETING
TUESDAY~ JULY 1~ 2003 (~ 7:30 P.M.
MINUTES
Present were: Ray Blum, John Sepenoski, Bill Edwards, Fred Lee, Melissa Spiro
and Tom Wickham.
Grippa - 122-1-2.2 & 2.3 - It is located across from "Strawberry Fields" and the
Adamowicz parcels. They are offering 11.5 acres for preservation. A motion was
made by.Ray Blum and seconded by Fred Lee to have an appraisal done on this
for the preservation of farmland and open space. All were in favor.
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Zoning MapI
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Year 2003
View of Subject - Facing Northwesterly from Sound Ave
View of Subject - Facing Southeasterly from Middle Road
I ~_GIVEN ss
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View Westerly Along Sound Ave
View Easterly Along Sound Ave
Year 2003
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Phase I
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Environmental Site Assessment
1100 County Route 48
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) 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 Mattituck, Town of Southold, County of Suffolk, New
York. The property is located on the south side of County Route 48 (Middle Road)
approximately 400 feet east of Sound Avenue. The property is more particularly described as
Suffolk County Tax Map # 1000-122-01-2.2.
The subject property consists of approximately 9 acres of a larger 11-acre site. The property is
comprised of two (2) parcels. The western, rectangular portion of the property is located to the
west of a large barn and is comprised of manicured lawn interspersed with trees and a rectangular
area covered with gravel. A narrow wooded strip exists on most of the southern property
boundary. No building foundations or evidence of former buildings were observed on the
property. No staining, residue, odors, or stressed vegetation was observed on this portion of the
property.
The eastern portion of the property consists of an irregularly shaped wooded parcel. Some
mounds of dirt were observed in the area of the northwestern property boundary. The mounds
were associated with construction occurring nearby on a portion of the property that is not a part
of this report. The subject property slopes from the north and the south towards a centrally
located swale area. The eastern portion of the swale was previously cut off by a gravel covered
roadway that runs from north to south between Middle Road (CR 48) and Sound Avenue. No
building foundations or evidence of former buildings were observed on the property. No
staining, residue, odors, or stressed vegetation was observed on this portion of the property.
No Sanborn map coverage was available for the subject property. Aerial photographs from 1938,
1957, 1969, 1976, 1980, 1994, 1999 and 2001 were reviewed in order to determine if any prior
uses occupied the site. In the 1938 aerial photograph, the western parcel was part of a large
agricultural area located to the north. The eastern portion of the property was wooded except for
the southwestern comer which appeared to have been previously cleared. The swale area was
apparent in the aerial and extended toward the northeast and Mattituck Creek. In the 1957 to
1976 aerial photographs the western parcel was being farmed and a small cleared area was
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1100 County Route 48, MaUituck
Phase I ESA
noticeable at the northwest comer of the eastern parcel. In the 1980 and 1994 aerial photograph,
farming had ceased and revegetation was occurring. The USGS Mattituck Quadrangle map dated
1956 depicted the subject property as being located in a developed area.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Several Federal, State and County documented regulated
sites were noted within one-half (0.5) mile of the site. Specifically, one (1) RCRA generator was
located with one (1.0) mile, one (1) active and one (1) closed LUST and eleven (11) closed spills
were noted in the vicinity of the property.
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
However, it the property is to be utilized for residential purposes in the future, the area formerly
used for agricultural purposes should be sampled and analyzed for the presence of pesticides and
metals.
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NELSON, POPE & VOOP, JdlS, LLC
ENVIRONMENTAl. · PLANNING · CONSULTING
Page 2 of 27
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FIGURE 1
LOCATION MAP
Source: DeLorme Street Atlas
Scale: Not to Scale
1100 County Road 48, Mattituck
Phase I ESA
NORTH
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FIGURE 2
AERIAL PHOTOGRAPH
Source: NYSGIS Orthoimagery Program, 2001
Scale: 1" = 300'
1100 County Road 48, Mattituck
Phase I ESA
NORTH
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FIGURE 3
WATER TABLE MAP
1100 County Road 48, Matfltuck
Phase I ESA
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,., 53325,, :/
- -' .... :'X ~...,,~'-'-~e~ ~-~-~b~'
..... · .~. / -- ......~
....-- ...-- ~ ~--.'
--' ~- ~51582~ ~5333~-~ ........ ~ n ...... ;--~ &...~'"' ',
~ ........... -'5t587 " X~ %/' 7/'
/ '.,, ~,,/" X ~%// '
~'*.N.. ?;' t -:: ~.~ ........~ 5k L~
Source: SCDHS Water Contour Map NOR~
Toxics Targeting
1 Mile Radius Map
1100 County Route 48
Mattituck, NY 11952
'\
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I 0 1/8 1/4
Distance in Miles
N
Suffolk County
F[ NPL, CERCLIS NYSDEC Inactive Hazardous Waste
E~J Disposal Regist~/or Regis u y Qualifying Site
RCRA Corrective
[] Hazardous Waste Trealer, [] Aclion Faciliiy
Starer, Disposer
Hazardous Substance Solid Wasle
(~ Waste Disposal Sile ~ Facility
Major Oil
~ S~orage Facility
1/2 1
LocaUo. I ~ ware, body
Minor
Roads
Toxics Targeting
1/2 Mile Radius Map
1100 County Route 48
Mattituck, NY 11952
· 1100 County Route 48
Suffolk County
Minor
Roads
1/4 1/2
Toxics Targeting
1/4 Mile Radius Map
1100 County Route 48
Mattituck, NY 11952
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Docket Facility
\'\ t'/ // -
~,~ /¢* ~ .: :: Major
Distance in M~es
Suffolk County
~ Waterbody
-- I/8 Mile
Radius
.1100 County Route 48
Toxics Targeting
1/4 Mile Closeup Map
1100 County Route 48
Mattituck, NY 11952
Suffolk County
[] Hazardous WasLe T,ealer, [] RCRA Correcbve
Radius Radius
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 674 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 7, 2004:
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter
6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesday, September 21, 2004~ at 5:10 p.m., Southold Town Hall, 53095
Main Road~ Southold, New York as the time and place for a public hearing for the
purchase of a development rights easement on agricultural lands for a certain parcel of
property owned by Paul and Maureen Grippa. Said property is identified as part of SCTM
#1000-122-1-2.2. The address is 1100 County Road 48, Mattituck, New York, and is located on
the southerly side of County Road 48, approximately 400 feet east of the intersection of County
Road 48 and Sound Avenue, in Mattituck in an R-40 zoning district. The development rights
easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the
development rights easement is subject to survey.
The purchase price is $30,000.00 (thirty thousand dollars) per buildable acre. The property is
listed on the Town's Community Preservation Project Plan as property that should be preserved
due to its open space and agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Main Road (Route 25), Southold, New York, and may be examined by any interested person
during business hours.
Elizabeth A. Neville
Southold Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY G1VEN that pursuant to the provisions of Chapter 25
(Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ September 21~
2004~ at 5:10 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as
the time and place for a public hearing for the purchase of a development rights
easement on agricultural lands for a certain parcel of proper ,ty owned by Paul and
Maureeu Grippa. Said property is identified as part of SCTM #1000-122-1-2.2. The
address is 1100 County Road 48, Mattituck, New York, and is located on the southerly
side of County Road 48, approximately 400 feet east of the intersection of County Road
48 and Sound Avenue, in Mattituck in an R~40 zoning district. The development rights
easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the
development rights easement is subject to survey.
The purchase price is $30,000.00 (thirty thousand dollars) per buildable acre. The
property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its open space and agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold TownHall
Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any
interested person during business hours.
Dated: September 7, 2004 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON SEPTEMBER 16~ 2004~ AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEViLLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Suffolk Times Town Board Members Melissa Spiro (4)
Town Attorney Town Clerk's Bulletin Board
HEARING ON THE
SOUTHOLD TOWN BOARD
PUBLIC HEARING
September 21, 2004
5:I0 P.M.
PURCltASE OF A DEVELOPMENT RIGHTS EASEMENT ON
AGRICULTURAL LANDS OF GRIPPA~ SCTM #1000-122-1-2.2.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesday~ September 21~ 2004~ at 5:10
p.m.s. Southold Town Hall~ 53095 Main Road~ South. old~ New York as the. tic, and place for a
public hearing for the purchase of a development rights easement on agricultural lands for a
certain parcel of property owned by Paul and Maurecn Grippa. Said prop~;~ty is identified as part
of SCTM #1000-122-1-2.2. The address is 1100 County Road 48, Mattituek, New York, and is located
on the southerly side of County Road 48, approximately 400 feet east of the intersection of County
Road 48 and Sound Avenue, in Mattituck in an R-40 zoning district. The development rights easement
comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the development fights
easement is subject to survey.
The purchase price is $30~000.00 {thirty thousand dollars) per buildable acre. The property is
listed on the Town's Communl .ty Preservation Pro]ect Plan as property that should be preserved
due to its open space and agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route
25), Southold, New York, and may be examined by any interested person during business hours.
COUNCILMAN WlCKHAM: It has been published in the local newspaper, it has appeared on the
Town Clerk's bulletin board and I have no further communications on it.
SUPERVISOR HORTON: Thank you, Councilman Wickham. Ms. Spiro.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. Once again, Melissa Spiro,
Land Preservation Coordinator. As Councilman Wickham mentioned, this is the purchase of a
September 21, 2004 2
Public Hearing- C_rdppa Purchase
development fights easement on nine of eleven acres of the Grippa's property. The Grippa's have
given the Town an excellent opportunity to preserve a sJ~ificant property in Mattituck. The Grippa's
property is located across County Route 48 in the recreational land that we know as Strawberry Fields.
It is also located across Sound Avenue from what is known as the Laurel Lake Preserve, which is
somewhere in the realm of 500 plus or minus acres and on which the Town is developing a trail
system. The properties location in regard to other preserved parcels can be seen on the maps in the
front. The green represents preserved parcel and the red shows the Grippa's property and also ano~l ,:r
pending open space application. The Grippa's property has over 1800 feet of fxontage on County
Route 48, it is on the Town's Community Preservation plan and on the Town's Farmland Inventory as
property that should be preserved. Preservation of this property will contribute to maintaining the rural
character on this part of County Route 48. The proposal is to create a reserved area, that is an area not
within the development fights easement of approximately two acres, including and in the vicinity of,
the existing dwelling and the accessory structures on their property, and to include the remaining
property of approximately nine acres within the development rights easement. This project preserves
over 80% of the property and does not include any additional residential lots. The Land Preservation
Committee and I both support the Town's purchase of this significant easement and of course, I would
like to extend ,ny thanks to the Grippa's for participating in the Town's preservation efforts. Thanks.
SUPERVISOR HORTON: Thank you, Melissa. Would anybody care to address the Board on this
public hearing? (No response) We will close the hearing.
Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 695 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 21, 2004:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on a certain parcel of property owned by Paul and Maureen Grippa, pursuant to the
provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is
identified as SCTM #1000-122-1-2.2. The address is 1100 County Road 48 and is located on the
southerly side of County Road 48, approximately 400 feet east of the intersection of County
Road 48 and Sound Avenue in Mattituck in an R-40 zoning district. The development rights
easement comprises approximately 9.0 acres of the 11.0 acre parcel. The exact area of the
development rights easement is subject to survey. The purchase price for the easement is $30,000
(thirty thousand dollars) per buildable acre; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq4 be
it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORH
For UNLISTED ACI/ONS Only
PART X-PRO~ECT ZNFORMA1/ON (To be completed by Applicant OR Project) Page I of 2
1. APpL~CANT/SI~ONSOR: Southold Town Board
3. PROIECT LOCAl/ON:
Municipality: ~)UT~ 0(~ 1~ "~0 va I~1 County:
4. PRECISE LOCAl/ON: (Street address and road Intersections, prominent landman, etc~ or provide map)
"~T)~ New [~ Expansion ~ Modification
7. AMOUNT OF LAND AFFECTED:
~NITALLY ~ ~: acres ULT]~ATELY. c~+-
acres
8. W~LL PROPOSED AC'I/ON COMPLY WITH EX~Sl/NG ZONZNG OR OTHER EX2SI/NG LAND USE RF-Sll~CITONS?
~ Yes~ No /£~o, de~ribebr/ef/y
9, WHAT [S PRESENT LAND USE 'm'N V~C[NTrY OF PRO3ECT?
~ ResidenUa;'~ Commerda,r'~' Industrial' Agdculture~-Park/Forest/Openspace~ Other~eCl~&:~'tlo~?rl_
10. DOES AC1/ON lrNVOLVE A PERMIT APPROVAL, OR FUNDTNG, NOW OR U LTLMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAL, STAI~ OR LOCAL)?
Yes 1~ No /f ye~, Ii~ agency(~) and perm/(/approval$
11. DOES ANY ASPECT OF THE AC'I/ON HAVE A CURRENTLY VAI i'D PERMIT OR APPROVAL?
~ Yes '~ No if~e~, I/~ agenc-y($) andperm/t/approvals
12. AS RESULT OF PROPOSED AC1/ON W~LL E)(Lql/NG PERMIT/APPROVAL REQUZRE MODZF/CAI/ON?
I[~ Yes~ No
! CERI/FY THAT THE t*NFORMAI/ON PROVIDED ABOVE/S TRUE TO THE BEST OF MY KNOWLEDGE
Signature _
][f the action Is in the Coastal ~'rea, and you are a ~'.ate agency~ complete the ~oastel Assessment Form before
pn~eeding with this assessment
PART ~'-ENV'iRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOES AC'~ON EXCEED ANY TYPE ! THRESHOLD ZN 6 NYCRR, PART 617.47
[] Ye~ No If ye~ coord/nate ~e review p*'~'~ and use the fu/I EAF
B. W~LL ACTEON RECF. IVE COORD~'NATED REV/EW AS PROVIDED FOR UNI.~STED AC'I/ONS ]'N 6 NYCRR, PART 617.67
[] Yes ~ No lf no, a negative dedaraJ~bn may be su.~e,'~fed by ar~ob~er invo/ved ageocy
C. COULD AC'I~ON RESULT IN ANY ADVERSE EFFECTS ASS~OC/ATED WI'TH THE FOLLOWING:
(Answers may be handwritten, If legible)
C1. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing b'offic patterns solid waste production or
disAp~se~l, potonUal for erosion, drainage or flooding problem? Explain briefly:
(2. Aesthetic, agricultural, archaeological, histodc or other natural or cultural resources; or community or nelghbdrhood character?
C3. V~g~tion or fauna fishes shellfish or wildlife species, significant habitats, or threatened or endar~Jered spedes~ Explain briefly.
C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources?
C5. Growth, ~ul:w~queot d~talopment, or ndated a~des Iike~ to be induced blt the ~roposed a~on? Explain bd~l¥:
C6. ~.~term, ~ort t~m, cumulative, or other effects r~: identified in ¢1-C57 Explain briefly:
C7. Other impacts 0nduding changes in use of either quan~,~ of type of ener~)? Eqolain bdefly:
D. W~LL THE PRO3ECT HAVE AN ]rMPACT ON THE ENV/RON MENTAL CHARACTER/CS THAT CAUSED THE ESTABLISHMENT OF A
CEA?
~ Yes~ No
E. ~'S THERE, OR 1'S THERE I./KELY TO BE, CONTROVERSY RELATED TO POTENI'r_AL ADVERSE ENV/RONMENTAL ~'MPACTS?
[] Yes~ No
PART ZTr- DETERM]rNAT/ON OF SZGNZF/CANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect (dentJfied above, determine whether it is substantial, large, or otherwise si§nificant. Each effect should
be asseseed in connection with ;ts (a) setting (Le. urban or rural); pmbabilib/of eccurriog; (c) duration; (dO irrevmsibility; (e) 9eographic scope;
and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show
that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and
s, ignificanca must evaluate the potential impact of the proposed action on the environmental charactedsties of the CEA.
Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then
proceed direcUy to the FULL ENV[RONHETNAL ASSESSHENT FORPI and/or prepare a positive declaration.
~ Ched( this box if you ?ve determined, ba~od on the information and analysis above and any suppc~ing documentation,
that the proposed action WILL NOT result ~n any significant adverse environmental impacts AND provide on attachments
as necessary, the re~asoes supporting
Print of~-~e Name of Respo. I/sible~cor in Lead Agene/ ~.~ ~ Titie of Responsi(~le-~Officar
,,, /k2~aturo of ~pon~ble ~car in Lead .~jenc~ $i~na~ore of ~'ep~re{if different fm((n of r~ponsibl~ officor)
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 716 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 21, 2004:
WHEREAS, the Town Board of the Town of Southold held a public hearing of the question of
the purchase of a development rights easement on a certain parcel of property owned by Paul and
Maureen Gfippa, on the 21st day of September, 2004, pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-122-1-2.2. The address is 1100 County
Road 48 and is located on the southerly side of County Road 48 approximately 400 feet east of
the intersection &County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district;
and
WHEREAS, the development rights easement comprises approximately 9.0 acres of the 11.0
acre parcel identified as SCTM #1000-112-1-2.2. The exact area of thc development rights
easement is subject to survey; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its open space and agricultural value; and
WHEREAS, the property is in the vicinity of other lands on which either the Town or the
County have preserved; and
WItEREAS, the purchase of the development fights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and
WItEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development fights on this agricultural land; now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by Paul and Maureen Grippa~
pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of
Southold. Said property is identified as SCTM #1000-122-1-2.2 and 1100 County Road 48
and is located on the southerly side of County Road 48 approximately 400 feet east of the
intersection of County Road 48 and Sound Avenue in Mattituck in an R-40 zoning district.
The development rights easement comprises approximately 9.0 acres of the 11.0 acre parcel. The
exact area of the development rights easement is subject to survey. The purchase price for the
easement is $30,000 (thirty thousand dollars) per buildable acre.
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
PAUL & MAUREEN GRIPPA
to TOWN OF SOUTHOLD
Development Rights Easement- 8.5142 acres
8.5142 buildable acres @ $30,000/acre
Premises: 1100 County Route 48, Mattituck, NY
plo SCTM #1000-122-1-2.2
Total Parcel Acreage - 10.5142 acres
Closing held on Wednesday, May 4, 2005, at 10:00 a.m.,
Land Preservation Dept., Southold Town Hall Annex
Purchase Price of $255,426.00 disbursed as follows:
Payable to
Cole Taylor Deferred Exchange Corp.
(5/4/05)
$ 255,426.00
Expenses of Closing:
Appraisal
Payable to Given Associates
(9~9~03)
Survey
Payable to Peconic Surveyors, P.C.
(11/30/04)
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
(11/16/04)
Title Report
Payable to LandAmerica*Commonwealth
(5/4/05)
Fee insurance $1,454.00
Recording deed $ 301.00
$ 2,700.00
$ 3,500.00
$ 1,200.00
$ 1,755.00
Title Closer Attendance Fee $ 75.00
Payable to Denise Burns
(5~4~05)
Those present at Closing:
Joshua Y. Horton
Lisa Clare Kombrink, Esq.
Paul & Maureen Grippa
P. Edward Reale, Esq.
Denise Burns
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Sellers
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
_GIVEN
A S S 0 C I A I E $
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306
(631) 360-3474
FAX 360-3622
August 5, 2003
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
Property of Paul and Maureen Grippa
S.C.T.M. #1000-122-1-2.2 and 2.3
Located Southerly Side of Middle Road
Mattituck, New York 11952
File# 2003301
$2,700.00
PECONIC ~URVEYOR$~ PoCo
P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
(631) 765-5020 · Fax (631) 765-1797
TOWN OF SOUTHOLD
P.O. BOX 1179
SOUTHOLD N.Y. 11971
NOVEMBER 10', 2004
FOR PROFESSIONAL SERVICES RENDERED;
SURVEY AS PER QUOTATION DATED 9/1/04
SUFFOLK COUNTY TAX MAP NO:
1000-122-01-2.2
FEES: $3,500.00
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
Property: 04325 Project: VA01615
1100 County Route 48, Mattituck
Manager: McGinn, Steven
To:
Town of Southold Devt of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melanie Doroski
Invoice #: 2769
Invoice Date: October 28, 2004
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,200.00
Contract Dated September 3, 2004 - Item Itl: Prepare
Phase I Environmental Site Assessment
Work Performed: 9/20 thru 10/4/04
Cona-act Amount: $1,200.00
Percent Complete: 100.00%
Fee Earned: $1,200.00
Prior Fee Billings: $0.00
Current Fee Total:
$1,200.00
*** Total Project Invoice Amount
$1,200. O0
APR, 21, 2005 9:20AM CLTIC RIVERHEAD
LandAmerica
Commonwealth
N0,450
P. 2
TiUe No: RH0430~.763 Date Printed: April 21, 2005
Applicant'. Town of Southold/Land Preservation Order Type: Purchase/Resale
Coordinator
Premises: 1100 County Road 48 Sales Rep: Lisa Fox
Mattituck, NY
Date of Closing: County: Suffolk
Purchaser: Town of $0uthold Closer:
['['EM &MOUNT ITEt4 ..... [A~4OUNT
=es Insurance - $255/426.00 $1,454.00 Document to Follow
~ortgage Insurance - .' 0.00 Deed ~ ~cv~l'~'e ~J 20 I. 0 0
~econd Mortgage- Mortgag~
Fhird Morl~a~)e .Coneelidatio~ & Extension Agmt --
· , Se~isfaction of Mortgage
25~ Affidavits
Other
......... P~onic ~a¥ Tax .....
NY$ Tran~er Tax
NYC RPT
Mansion Tax
Reel Estate Tax, ECB, PVI~, etc, To
Pay
Other
~urvey Passthru ' '
3emal'l~nentel Searches Horde. Lags Tax ,,.
:er~ificat~ of Occupancy Hor~gagor
;tr~et Repor~ ~ IVior~gagee
~ankruptcy [~1~,00 , Other
;ewer Search ~ Other
~ousing and Building ~- Other
-'ire O~her
_=mergency D[her
S. dditional Taxes Other
~ur~e¥ Inspection Other
3thor
3thor
IHuniclpal Searches :outlet / Delivery ~e-
U¢¢'s County Escrow Service.Charge.
UCC's State 3thor
Other ~scmw to hold ~p.e. 'i.n_.PUrpose)
Other Other
Deposit (Included in Net tOTAL NET CHARGES: (EST)
thames) /75' '. 0O
RECEIPT5
CHECKS PAYABLE TO Commonwealth La(rd Title Insurance Company (Cir~Je One)
Buyer/Seller
Buyer/Seller
Buyer/Seller $
Buyer/Seller $
CHECKS PAYABLE TO OTHER THAN Commonwealth Land Title Znsurance Company (Circle One)
Buyer/Seller $
Buyer/Seller $
Buyer/Seller $
TOTAL RECF~P,$ $ ''
*NOTE P. ates& charges herein are subject to change ba~ed on Lhe rates in effect at the time
Commonwealth Land Tit~e Insurance Company
1B5 Old Country' Road, Suite 2, Riverhead, New York 13,901
Phane; (631) 727-7760
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 16
Receipt Number : 05-0057904
TRANSFER TAX NIIMBER: 04-42774
District:
1000
Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
121.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$255,426.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $48.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert.Copies $10.40 NO RPT
SCTM $0.00 NO Transfer tax
Con~n. Pres $0.00 NO
TP~ANSFER TAX NUMBER: 04-42774
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
05/31/2005
09:09:11 AM
D00012389
769
Lot:
005.000
Exempt
$5.OO NO
$15.00 NO
$0.00 NO
$50.00 NO
$0.00 NO
$138.40
JUN - 1 2005
OEPi OF LAND
PRESERVATION
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
31
FEES
Page / Filing Fee
Handling 5. 00
TP-584
Notation
EA-52 17 (Count3') Sub Total
EA-5217 (State)
R.P.T.S.A. ~)(~
Conml. of Ed. 5. 00
Affidavit
C;rtified Copy ) lO ~
~Y~7~ge IS. oo
Sub Total
Grand Total
Imo~t~/ I~~'~
1000 12100 0200 005000
1000 12200 0100 002005
4 Ir>ist./v~lse~tion/~'
Real Propert
Tax Service
Agency
Verification
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT MTG. TAX
Dual Town __ Dual County
Held for Appointment __
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
5 Communit~ Preser*atton Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
TD
TD
6[ Satisfacti°ns/DischargeR~celoeaSRi~s2istREPr°PeTul~YTOOTners Mailing Address
~~,~t-~//f~ i~!Fe Titl~Company Informatipn F--~g:~b~/-oq° ~r~<----
81 Suffolk COunty Recording & Endorsemen~ .Pa~e
This page f°'ls p~ °f the attached ~~j~~~~~~
In ~e Township of ~
In ~e V~LAGE ~~~
or ~LET of
BOXES 6 THRU 8 MUST BE TYPED OR PRATED ~ BLACK ~K O~Y PRIOR ~ ~CO~G OR ~G.
(over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
4th day of. Hay, 2005 at Southold, New York. The parties are ~/~./~/¢/,~,~t
///~.~/£~,~'~2 /VI~ GRIPPA, residing at 1100 County Road 48, Mattituck, New York
,,~ 13~, 11952 (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a
municipal corporation, having its principal office at 53095 Main Road, P.O.
Box 1179, Southold, New York (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM #1000-122-1-2.2, more fully described in SCHEDULE A attached
hereto made a part hereof and shown on the survey prepared by Peconic
Surveyors dated October 19, 2004 hereinafter referred to as the "Property";
and
WHEREAS, the Property is located in the R-40 Zoning District of the
Town of Southold.
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property as scenic
open space as defined in the Town Code of the Town of Southold, or in an
agricultural capacity as defined in this Easement; and
WHEREAS, the Property consists of forest and open acreage with horse
paddocks; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and :[989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of TWO HUNDRED AND FIFTY-FIVE
THOUSAND-FOUR HUNDRED AND TWENTY-SIX AND XX/100 Dollars
($255,426.00) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon and
shall restrict the premises shown and designated as the Property herein,
more particularly bounded and described on Schedule "A" annexed hereto
and made a part of this instrument.
TO HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.0! Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 Puroose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Governmental Recoonition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the [nternal Revenue Code and other federal statutes.
2
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated October 19, 2004 by Peconic Surveyors and an
Environmental Site Assessment dated October 8, 2004 prepared by Nelson,
Pope IA Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01Tvoe
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shah include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
open space and/or agricultural production as that term is presently
referenced in §247 of the General Municipal Law and/or defined in Chapter
25 and Chapter 59 of the Town Code of the Town of Southold (the "Town
Code").
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
3
granted to each and every one of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures.
Except as provided in Section 4.06, and notwithstanding the definition
of agricultural production in Chapter 25 of the Town Code, the construction
or placement of residential, commercial, industrial or other buildings,
structures, or improvements of any kind or nature (including, but not limited
to mobile homes), permanent or temporary, on, over, or under the Property,
shall be prohibited. Structures and improvements, limited to driveways and
agricultural structures as they may be permitted in Section(s) 4.06 hereof,
shall not be erected on, over, or under the Property without the prior written
approval of the Grantee, as may be required by the Town Code now, or as it
may be amended, which approval may be granted if the structure does not
defeat or derogate from the purpose of this Easement or other applicable
law. For purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including berms, driveways or walkways.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumpinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, or chemical waste on the
Property shall be prohibited. This prohibition shall exclude materials used in
the normal course of sound agricultural practices, including fertilization and
composting.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Landscapinq Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04. Notwithstanding this
provision, the property may be cleared in connection with agricultural
production, as that term is currently defined in Chapter 25 of the Town
Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems not already in place
on the Property shall be prohibited without the prior written consent of the
Grantee. Utilities must, to the extent possible, be constructed within 30 feet
of the centerline of roads or driveways, and must be used solely to service
the permitted structures.
3.08 Prohibited Uses
The use of the Property for any residential, commercial or industrial
uses and structures related to those uses, permanent or temporary, shall be
prohibited. For the purposes of this section, agricultural production as
defined in Chapter 25 of the Town Code shall not be considered a
commercial use.
3.09 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the U.S.
Department of Agriculture's National Resource Conservation Service.
3.10 Drainaqe
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3,11 Development Riqhts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law.
4.04 Landscaoina Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the
property.
4.05 Agricultural Activities
Grantor shall have the right to engage in ali types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 25 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
6
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property with the prior written
approval of Grantee, and as such approval may be required by the Town
Code and the Town Land Preservation Committee or its successor
committee. Approval may be granted if the structure or improvement does
not defeat or derogate from the purpose of this Easement or other applicable
laws. These structures and improvements include:
(i) Underground facilities used to supply utilities and/or control
stormwater runoff;
(ii) Fences, if placed so as not to block or detract from the scenic
view; and
A barn or other shelter for animals, equipment, crops or
produce relating to the agricultural use of the Property. Such
barn or other shelter for animals, equipment, crops or produce
relating to the agricultural use of the Property shall not exceed a
total footprint of ten thousand (10,000) square feet and shall not
be located closer then fifty (50) feet to CR 48.
B. Replacement of Improvements: In the event of damage resulting from
casualty loss to an extent which renders repair of any existing improvements
impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted within the same general
location subject to the review and written approval of Grantee.
C. Environmental Sensitivity During Construction: The use and location of
any improvement permitted hereunder shall be consistent with the purposes
intended herein, and construction of any such improvement shall minimize
disturbances to the environment. Grantor shall employ erosion and
sediment control measures to mitigate any storm water runoff, including but
not limited to minimal removal of vegetation, minimal movement of earth
and minimal clearance of access routes for construction vehicles.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies OF assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of its
officers, employees, agents or independent contractors resulting: (a) from
injury to persons or damages to property arising from any activity on the
Property, except those due solely to the acts of the Grantee, its officers,
employees, agents, or independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin,
prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby authorized
to enter upon the Property to perform such maintenance.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Sections 5.04 and
6.03, or to permit access upon the Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii)
To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
The prevailing party, as determined by a court of competent
jurisdiction, shall pay to the other all reasonable attorneys' fees, court costs
and other expenses incurred (herein called "Legal Expenses") in connection
with any proceedings under this Section.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. I~lailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Nailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinquish ment/Condem nation
If at any time the Property OF any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open
space value of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
10
7.02 Amendment
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This easement may be amended only with the written consent of
Grantee arid current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder. Any such amendment shall be
duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 or Chapter 59 of the Town
Code and other applicable laws, upon the adoption of a local law authorizing
the alienation of said rights and interest, following a public hearing and,
thereafter, ratified by a mandatory referendum by the electors of the Town
of Southold. No subsequent amendment of the provisions of the Town Code
shall alter the limitations placed upon the alienation of those property rights
or interests which were acquired by the Town prior to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which,
shall remain enforceable and effective.
7.05 Governinq Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordino
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Deed of Easement on the day and
year set forth above.
ACKNOWLEDGED AND ACCEPTED:
Paul Grippa (Grantor)'
Maureen Grippa (,~rran~or)
12
ACKNOWLEDGED AND ACCEPTED:
TOWN (~F SOUTJ-IOLD(Grantee)
/.loshua Y. or
v/ Supervisor
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this l~y of JJ~ in the year 2005 before me, the
undersigned, Flersonally appeared JOSHUA Y. HORTON, personally known
to me or proved Lo me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(les), and that by his/her/their signature(s) on the instrument, the
Th~vidual(s), or the~er/lson upon behalf of which the individual(s) acted,
exe'c~d, the inst~u~_~,
DENISE F, BURNS
~ ,~ -'~ ~ I~(/['~-'-'~ Notary Public. State of New York
N oS~at~'Pu b lic - ~ / No. 48052S9
Qualified in Suffolk County
Commission Expires September 20, 2006
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this c/'~day of ~'n the year 2005 before me, the
undersigned, personally appeared PAUL GR[PPA, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(les), and that by his/her/their signature(s) on the instrument, the
-~q~Ldividual(s), or the person upon behalf of which the individual(s) acted,
exe~L~?~ instrurr~.j DENISE F. BURNS
Nu[dry Public-
STATE OF NEW YORK)
COUN~ OF SUFFOLK) SS:
On this~day of ~ in the year 2p05 before me, the
undersigned, ~ersonally appeared HAUREE~IPPA, personally known to
me or proved to me on the basis of satisfacto~ evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(les), and that by his/her/their signature(s) on the instrument, the
indi~ual(s), or the person ~on behalf of which the individual(s) acted,
C; /Anne/Town of Southold ~aster Documents/Grippa Final Development Rights
S/3/OS
13
STATE OF NEW YORK SS:
COUNTY OF SUFFOLK
I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD)
DO HEREBY CERTIFY THAT I AVE COMPARED THE ANNEXED COPY OF _
DEEDLIBER /,~Oc~ HATPAGE--"~ .RECORDED_ ,_,1'-,_.~/_~,.)~
AND THAT IT IS A JUSTr AND TRUE COPY OF SUCH ORIGINAL ~ AND OF THE WHOLE
THEREOF.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID
COUNTY AND COURT THIS ~/f~DAY OF ~ ~ o.~
CLERK
File No: RH04301763
SCHEDULE A-DESCRZPTTON
AMENDED 01/06/05
ALL that certain plot, piece or parcel of land, situate, lying and being at IVlattituck, Town of Southold, County
of Suffolk and State of New York, bounded and described as follows:
BEGi'NNING at a monument on the Northeast corner of the premises herein described, said point being 842
feet (more or less) Westerly from the corner formed by the intersection of the Westerly side of Lipco Road
with the Southerly side of t, liddle Road (C.R. 48); said point also being the corner formed by the intersection
of the Westerly side of "Old Neck Road or Shirley Road" with the Southerly side of Middle Road (C.R. 48);
RUNNING THENCE South 30 degrees 37 minutes 50 seconds East along the Westerly side of "Old Neck Road
or Shirley Road", ~.35.70 feet to land now or formerly of Alderman, Hiska and OImsted;
RUNNING THENCE along said land now or formerly of Alderman, Miska and Olmsted, South 69 degrees 19
minutes 30 seconds West, 9:!..00 feet to land now or formerly of Boehm;
RUNNTNG THENCE along said land now or formerly of Boehm and land now or formerly of Klipp, South 75
degrees 23 minutes 40 seconds West, 199.90 feet to land now or formerly of Lynaugh;
RUNNING THENCE along said land now or formerly of Lynaugh, South 80 degrees 17 minutes 30 seconds
West, 100.08 feet to land now or formerly of Burt;
RUNNING THENCE along said land now or formerly of Burt and land now or formerly of Demchuk, South 78
degrees 00 minutes 30 seconds West, 174.92 feet;
RUNNING THENCE continuing along land now or formerly of Demchuk, South 13 degrees 00 minutes 20
seconds East, 68.55 feet to land now or formerly of Meyer;
RUNNING THENCE along said land now or formerly of Meyer and land now or formerly of Sisson, South 76
degrees 18 minutes 50 seconds West, 165.00 feet;
RUNNTNG THENCE continuing along land now or formerly of Sisson, South 13 degrees 00 minutes 20 seconds
East, 264.00 feet to the Northerly side of Sound Avenue;
RUNNING THENCE along the Northerly side of Sound Avenue, the following 2 courses and distances:
1) South 76 degrees 18 minutes 50 seconds West, 414.40 feet;
2) South 81 degrees 50 minutes 50 seconds West, 26.88 feet to land now or formerly of Grippa;
RUNNING THENCE along said last mentioned land the following 2 courses and distances:
1) North 19 degrees 54 minutes 00 seconds West, 200.00 feet;
2) South 81 degrees 50 minutes 50 seconds West, 200.00 feet;
RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 43.34 feet;
RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 408.81 feet to land now or formerly of
L.I.P.A.;
RUNNING THENCE along said land now or formerly of L.I.P.A., North 35 degrees 16 minutes West, 41.30 feet
to land now or formerly of ]IMD, Inc.;
Legal Description
* ', File No: RH04301763
RUNNING THENCE along said land now or formerly of ]IMD, Inc., North 35 degrees 38 minutes 50 seconds
West, 170.56 feet to the Southerly side of Middle Road (C.R. 48);
RUNNING THENCE along the Southerly side of Middle Road (C.R. 48) the following 2 courses and distances:
1) Along an arc of a curve bearing to the right having a radius of 2820.79 feet, a distance of 168.62 feet;
2) North 76 degrees 00 minutes 40 seconds East, 1680.02 feet to the monument at the point or place of
BEGINNING.
I:XCEPTi'NG THEREFROI4 so much of the premises as described as follows:
BEGINNING at a point on the southerly side of Middle Road (C. R. 48) distant westerly 1096.38 feet as
measured along same from the intersection of the westerly side of Old Neck Road or Shirley Road with the
southerly side of Middle Road (C. R.48);
RUNNING THENCE South 32 degrees 26 minutes 00 seconds East, 100.00 feet;
RUNNING THENCE North 73 degrees 33 minutes 00 seconds East, 120.61 feet;
RUNNING THENCE South 16 degrees 27 minutes 00 seconds East, 117.72 feet;
RUNNING THENCE South 73 degrees 33 minutes 00 seconds West, 419.80 feet;
RUNNING THENCE North 19 degrees 54 minutes 00 seconds West, 31.97 feet;
RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 40.31 feet;
RUNNING THENCE South 17 degrees 49 minutes 00 seconds East, 194.79 feet to the southerly side of Middle
Road (C.R.48);
RUNNING THENCE along the southerly side of Middle Road {C.R.48) North 76 degrees 00 minutes 40 seconds
East, 318.82 feet to the point or place of BEGINNING.
T
I
T
L
E
P
0
L
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C
Y
ISSUED BY
COMMON~W~ALTH LAND TITLE INSURANCE COMPANY
Commonwealth
A LANDAMER[CA COMPANY
OWNER'S POLm~ OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or 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 it~ corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretary President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) thc 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 thc insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of PoIicy; 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 federaI 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 prefcrentiM transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordalion to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA10
ALTA Owner's Policy (10/17/92)
Face Page
Form 1190-1A
~IaI~INAL
Valid only if Schedules A and B and Cover are attached
MAY, 4, 200i 9:15AM CL' RIVERHEAD ,NO, 437~ P, 2
LandAmerica
CommonwealU
Amount of Znsurance: $255~426.00
Date of Policy.. May 4, 2005
Name of Znsured;
Town of Southold
~le No= RH04301763
SCHEDULE A
Policy No.: RH04301763
The estate or interest in the la d which is covered by this policy;
Development Rights i
Title to the estate interest inl~the land is vested in;
By grant of development rights ~asement made by Pau Grppa and Maureen Grippa to the I'NSURED
dated 5/4/2005 and to be recor~ied in the Office of the Clerk of the City/Register Suffolk County,
4, The land referred to in this p~ ~licy is described on the annexed Schedule A - Description.
CounterSigned:
Authorized Off'leer Or Agent
ALTA Owner's Policy
File No: RH04301763
SCHEDULE A - DESCRZPTZON
AMENDED 01/06/05
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County
of Suffolk and State of New York, bounded and described as follows:
BEG]NlXlING at a monument on the Northeast corner of the premises herein described, said point being 842
feet (more or less) Westerly from the corner formed by the intersection of the Westerly side of Lipco Road
with the Southerly side of Middle Road (C.R. 48); said point also being the corner formed by the intersection
of the Westerly side of "Old Neck Road or Shirley Road" with the Southerly side of Middle Road (C.R. 48);
RUNNTNG THENCE South 30 degrees 37 minutes 50 seconds East along the Westerly side of "Old Neck Road
or Shirley Road", 135.70 feet to land now or formerly of Alderman, Miska and Olmsted;
RUNNING THENCE along said land now or formerly of Alderman, F4iska and OImsted, South 69 degrees ~.9
minutes 30 seconds West, 9:t.00 feet to land now or formerly of Boehm;
RUNNING THENCE along said land now or formerly of Boehm and land now or formerly of Klipp, South 75
degrees 23 minutes 40 seconds West, :L99.90 feet to land now or formerly of Lynaugh;
RUNNING THENCE along said land now or formerly of Lynaugh, South 80 degrees 17 minutes 30 seconds
West, ~.00.08 feet to land now or formerly of Burt;
RUNNING THENCE along said land now or formerly of Burr and land now or formerly of Demchuk, South 78
degrees 00 minutes 30 seconds West, 174.92 feet;
RUNNTNG THENCE continuing along land now or formerly of Demchuk, South :~3 degrees O0 minutes 20
seconds East, 68.55 feet to land now or formerly of Meyer;
RUNNING THENCE along said land now or formerly of Meyer and land now or formerly of Sisson, South 76
degrees ~.8 minutes 50 seconds West, :t65.00 feet;
RUNNING THENCE continuing along land now or formerly of $isson, South :~3 degrees 00 minutes 20 seconds
East, 264.00 feet to the Northerly side of Sound Avenue;
RUNNING THENCE along the Northerly side of Sound Avenue, the following 2 courses and distances:
J~) South 76 degrees 18 minutes 50 seconds West, 414.40 feet;
2) South 81 degrees 50 minutes 50 seconds West, 26.88 feet to land now or formerly of Grippa;
RUNNTNG THENCE along said last mentioned land the following 2 courses and distances:
1) North 19 degrees 54 minutes 00 seconds West, 200.00 feet;
2) South 81 degrees 50 minutes 50 seconds West, 200.00 feet;
RUNNING THENCE North ~9 degrees 54 minutes 00 seconds West, 43.34 feet;
RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 408.81 feet to land now or formerly of
L.I.P.A.;
RUNNING THENCE along said land now or formerly of L.I.P.A., North 35 degrees :t6 minutes West, 41.30 feet
to land now or formerly of .IIMD, inc.;
RUNNING THENCE along said land now or formerly of ~lIrvlD, inc., North 35 degrees 38 minutes 50 seconds
ALTA Owner's Policy (10-17-92)
File No: RH04301.763
West, 170.56 feet to the Southerly side of Middle Road (C.R. 48);
RUNNING THENCE along the Southerly side of Middle Road (C.R. 48) the following 2 courses and distances:
:[) Along an arc of a curve bearing to the right having a radius of 2820.79 feet, a distance of :[68.62 feet;
2) North 76 degrees 00 minutes 40 seconds East, :[680.02 feet to the monument at the point or place of
BEGINNING.
E×CEPTi'NG THEREFROM so much of the premises as described as follows:
BEGINNING at a point on the southerly side of I~liddle Road (C. R. 48) distant westerly :[096.38 feet as
measured along same from the intersection of the westerly side of Old Neck Road or Shirley Road with the
southerly side of Middle Road (C. R.48);
RUNNING THENCE South 32 degrees 26 minutes 00 seconds East, :[00.00 feet;
RUNNING THENCE North 73 degrees 33 minutes 00 seconds East, 120.6:[ feet;
RUNNING THENCE South :[6 degrees 27 minutes 00 seconds East, :[:[7.72 feet;
RUNNING THENCE South 73 degrees 33 minutes 00 seconds West, 4:[9.80 feet;
RUNNING THENCE North :[9 degrees 54 minutes 00 seconds West, 3:[.97 feet;
RUNNING THENCE South 74 degrees 49 minutes 00 seconds West, 40~3:[ feet;
RUNNING THENCE South ~t7 degrees 49 minutes 00 seconds East, :[94~79 feet to the southerly side of Middle
Road (C.R.48);
RUNNING THENCE along the southerly side of Middle Road (C.R.48) North 76 degrees 00 minutes 40 seconds
East, 3:~8.82 feet to the point or place of BEGINNING.
ALTA Owner's Policy (10-17-92)
File No: RH0430~,763
SCHEDULE B
EXCEPTZONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or
expenses) which arise by reason of the following:
1. Rights of tenants or persons in possession.
Taking for Middle Road in Liber 5471 Page 66.
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. Unpaid water charges to date, if any.
Survey made by Peconic Surveyors dated :[0/19/04 shows subject premises improved by a 2 story
frame building with seven (7) frame building, coop and dog pen; a)Gravel area enclosed by fencing;
b)Gravel driveway runs through the central portion of the premises; c)Overhead wires and utility pole in
southerly area; d)Fence encroaches an undetermined distance South of the southerly record line;
e)Overhead wires and utility poles at variation to northerly record line; f)Fence in northerly area and at
variation to westerly record line; g)Interior fencing shown. No other variations or encroachments.
6. 2004/05 2nd half Town and School taxes.
ALTA Owner's Policy (10-17-92)
Commonwealth
File No: RH04301763
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLTCY)
ATTACHED TO AND MADE A PART OF POLZCY NO. 04301763
TSSUED BY
COMMONWEALTH LAND TTTLE TNSURANCE COMPANY
The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereafter gain priority over the estate or interest of the insured
as shown in Schedule A of this policy."
The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is Tater 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.
Commonwealth Land Title :Insurance Company
Dated: Nay 4, 2005
Countersigned:
Authorized Officer or Agent
President
Attest:
Secretary
Standard New York EndorsemenbOwner's
NAY, 4, 2005 II:06AM CL~ R!V2RHEAD N0.~74 P !/3
gFO:
LandAmerica'
Commonwealth
AMOUNT;
Home Federal Savlhgs' Bank
$~so,ooo~oo
DATED: 11/20/92
RECORDED: 12,/14/92
RE~ORDED IN: Ltber 3..8~,27 Pa~e
533
CerU~icete of' TIUe
N~RTGAGoP,: Paul Grippa ~nd
MORTGAGEE: Home Federal
AMOUNT: $13,556.26
DATED: 03/27/9B
RECORDED: 09/09/98
, I
RECORDED ~N: Llber 19395 P~gi
~aureen M. Grlppa
?Jngs Bank
7B
AGREEML~/T: Consolidation end -:Xtens(on
BETWEEN: Paul Orfppa and H ureen M. Grippa
AND: Home Federal Savings Ban[
DATED: 03/27/98 ' I
Co,solida~es ~o~gag, "~be~ ~ ~mi~d 2 tO 'orma
' NOT~; ~o~gag.es ¢ov~r P~mises nd more. ,
~AY. 4, 21)Ob }i:OIAM CL RIVERHEAD NO.~?4 P 2/3
This policy does not Insure against bsa
expenses) which arise by reason of the
1. Rights of tenants or persons tn I
2. l'sking for ~liddle Road in Libor ~
The t~x Search herein shows a pt
termil~ate immediately upon the
taxes, plus penalty and interest,
File No: RH043'0~.763
SCHEDULE B
CEpTZON$ FROH COVERAGE
~r damage (and the Company will not pay costs, a~o~ey'~ fees or
~llowing:
~SSe~sion.
¢71 Page 66,
trial or full exemptioq from taxation. The exemption from taxation will
:ransfer of Utle to the insured. Policy excepts the lien of restored
any,
ALTA OWner's POlicy (10-17-92)
Unpaid water charges to date, if ~ny.
Survey mede by Peconlc Surveyo! s dated 10/19/04 shows ~ubject: premises Improved by a 2 story
frame building with Seven (7) fro ne buiJding, coop ~nd dog pen; a)Gravel area enclosed by fencing;
b)Gravel driveway runs through t{ central DoKion of the premises; c)Ove~ead wires and utitJ
southe~y area; d~Fe~ce encroaches an ~ndeter~lmed d s~n~ 5outh of ~he ;0~herJ re
e)Overhead wires and u~li~ ~oie at var ......... , Y cord
~au~n :o no~ne~y rec0ro line; 0Fence n ~o~herty area and at
variation ~ W~terly re,rd lire; )Zntedor fencing shown. No o~her variations or encroachment.
NoAgage ma~e by Haumen H, Gl
ape and Paul Gdppa to Home Federal SaWn S B '
end/orassJ~ns, lnthea~ountof: [50,000.00 da d ~,,*~-~* .... g. ank,~successom
in L~er ~427 Page 533. ~ te N ....... ~, ~v, ~z recoreed December 14, ~992,
Ho~gage made by Paul Grlppa an Haureen N. Gr
or ~z4o,500 00, by Su~r~---,~- ~l'] ~' :" uun~mates ~e above two mo~ ......... --
Southold dated A~;. ~ ~" ~no ~emase Agreement be~aen N~ --L~?*?m m~ a single tien
~C-v .... ..,, -~, ~uu= to ~e recorded in the nm*- -~-~ - ,~, ~.~ turk Dank and The Town of
- --~ premises aRd ~ore) .... ~: u~ ~ne uerK/Register of $uFoJk County
2004/0~ ~nd haJfTown and 5chool axes,
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) -insured": the insured named in Schedule A, and, subject to any
fights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to~ heirs,
distributees, devisees, survivors, personal representatives, next of kin. or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed lo an insured by reason of the
public records as defined in this policy or any other records which impart
conslrtlctive notice of matters affecting the land.
(dj "Iand": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constilute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any righl , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
fight of access to and from the land is insured by this policy.
(e) ortgage mortgage, deed of trust, trust deed. or other security
instrument,
(D "pub[lc records": records established under state statutes at Da e of
Policy for thc purpose of mparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section l(a) (iv) of the Exclusions From Coverage. "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketabilily of the title": an alleged or apparent ma lee affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land. or holds an indebledness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from Ihe insured of
either ti) an estate or interest in the land. or (ii) an indebledness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in wrifing ti) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come lo an insured hereunder of any claim of title or interest which is
adverse to the title lo Ihe estate or inleresL as insured, and which might
cause loss or damage for which the Company may be liable by virlue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarkelab[e. If prompt notice shall not be given lo the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompl notice is required: provided.
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy un]ess the Company shall be
prejudiced by the failure and Ihen only to the extent of the prejudice
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company.
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to thc title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy The Company shall have the right to select counsel
of its choice (subject to the right of the insured to objecl for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees. costs or expenses incurred by the insured
in the defense of those causes of action which allege mattcr~ not insured
against by this policy.
(b) The Company shall have the right, at its own cost, lo institute and
any action or proceeding or lo do any other acl which in its
may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of Ibis
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy If lhe Company
shah exercise its rights under this paragraph, it shall do si> diligently
B 1190-1A
(c) Whenever the Company shall have broughl an action or interposed a
defense as required or permitted by thc provisions of this policy, the
Company may pursue any litigation to final determination by a cour of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgmenl or order
(dj In all cases where this policy permits or requires the Company Io
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, al the Company's
expense, shall give Ihe Company all reasonable aid ti) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecling seltlement, and (ii) in any
other lawful act which in the opinion of thc Company may be necessary or
desirable to establish the title to the estate or interest as insured, tf the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperalion.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defecl in. or lien or encumbrance on the title, or
other mailer insured against by this policy which constitules the basis of
loss or damage and shall state, to the extenl possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or mailers requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required lo submit
lo examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, al
such reasonable times and places as may be designaled by any aulhofized
representalive of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whelher bearing a date before or afler
Date of Policy. which reasonably pertain to the loss or damage. Further. if
requested by any authorived representalive of the Company , the insured
claimanl shal[ grant its permission, in writing, for any authorized
representafive of the Company to examine , inspect and copy all records.
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall nol be disclosed to others
unless, in the reasonable judgement of the Company. it is necessary in the
administration of the claim Failure of the insured claimant to submit for
examination under oath. produce other reasonably requested information
or g~'ant permission to secure reasonably necessary information from third
parBes as required Jn this paragraph shall terminate any ]iabi[ily of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have lhe ~bllowing
additional options:
la)To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of insurance under
this policy logether with any costs, altorneys' fees and expenses incurred by
the insured c]aimanl, which were authorized by thc Company. up lo the
time of paymant or tender of paymcm and which Ibc Company is obtiga
led to pay.
Upon Ihc exercise by Iht Company of this option, all liability and
obligations to thc insured under this policy, other than to make the
payment required, shah terminate, including any liability or obligation Io
defend, prosecute, or continue any [iligatmn, and the policy shah be
surrendered to the Company for cancellation
(b) To Pay or Otherwise Settle With Parties Other than the hlsured or
With the Insured Claiman~
6) to pay or olherwisc settle wilh other parties for or in the name
of an insured claimant any claim insured against under this policy, togelher
with any cosls, attorneys' fees and expenses incurred by Ihe insured
claimant which were authorized by the Company up to time of paymem
and which the Company is obligated to pay: or
(ii) to pay or otherwise settle with the insured claimant the It)ss or
damage provided for under this policy, togelher with any ct)sis, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up ti> the time of paymenl and which the (ompany is
obligated Io pay
Upon the exercise by thc Company of either of Ihe opt:ohs provided
ill paragraphs (b)(i) or (ii), the Company's obligalions lo Ihe insured under
this policy for the claimed loss or damage, other than thc payments
required to be made, shall terminate, including any liability or obligatmn to
defend, prosecute or continue any lit~gatmn.
C, 'qons and Stipulations Continued Inside Cover
CONDITIONS AND STIPULATIONS
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
I described.
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date
of Policy is less than 80 percenl of the value of the insured estate or interest or the
full consideration paid for the land, whichever is less, or il subsequent to the Date
of Policy an improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 percent over the Amount of Insurance
stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any
padial loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured estate
or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in lhe proportion that 120
percent of the Amount of Insurance stated in Schedule A beam to the sum of the
Amount of Insurance stated in Schedule A and the amount expended for the
improvement.
The provisions of this paragraph shall not apply to costs, aitomeys' fees and
expenses for which the Company is liable under this policy, and shall only apply to
that podion of any loss which exceeds, in the aggregate, 10 percent of the Amount
of insurance staled in Schedule A.
(c) The Company will pay only those costs~ attorneys' lees and expenses
incurred in accordance with Section 4 of these Conditions and Stipo~ations.
8. APPORTIONMENT.
ff the land described in Schedule A consists of two or more pamels which are
not used as a single site, and a loss is established affecting one or more of the
parcels but riel all, the loss shall be computed and seitred on a pro rata basis as if
the amount of insurance under this policy was divided pro rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent lo Date of Policy, unless a liability or value has
~lotherwise been agreed upon as to each parcel by the Company and lhe insured at
Flhe time of the issuance of this policy and shown by an express statement or by
an endorsement attached lo this policy,
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the rack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom, it
shall have fully pedormed its obligations with respect to that matler and shall not
be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of lhe Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LtABILITY.
All payments under this policy, except payments made for costs, atlomeys'
fees and expenses, shall reduce lhe amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed, or taken subject, or which is hereafter executed by an insured
and which is a charge or lien on the estate or interest described or referred to in
ScheduIe A, and the amount so paid shall be deemed a payment under this policy
to the insured owner,
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction el the
Company.
(b) When liability and the extent of loss or damage has been defini
fixed in accordance with these Conditions and Stipulations, lhe loss or dam;
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SE'I-rLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under
policy, all right of subrogation shall vest in the Company unaffected by any ac
the insured claimant.
The Company shall be subregated to and be entitled to all rights ;
remedies which lhe insured claimant would have had against any person
property in respect to the claim had this poficy not been issued. If requested
the Company, the insured claimant shall transfer to the Company all rights;
remedies against any person or properly necessary in order to pedect this ~igh
subrogation. The insured claimant shall permit the Company lo sue, comprorT
or settle in the name of the insured c~aimant and to use the name el the insu
claimant in any transaction or litigation involving these rights or remedies.
ff a payment on account of a claim does not tully cover the loss of
insured claimant, the Company shall be subrogated to these rights and reme(
in the propodion which the Company's payment bears to the whole amount of
lOSS.
if lOSS ShOuld result from any act of the insured claimant, as stated ab~
that act shall not void this policy, but the Company, in that event, shall be reqLu
lo pay only that part of any losses insured against by this policy which s
exceed the amount, if any, lost to the Company by reason of the impalrmenl
the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall e
and shall include, without limitation, the rights of the insured to indemnit
guaranties, other policies of insurance or bonds, notwithstanding any terms
conditions contained in those instruments which provide for subrogation rights
reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured r
demand arbitration pursuant to the Titte Insurance Arbitration Rules el
American Arbitration Association, Arbitrable matle~s may include, but are
limited to, any controversy or claim between the Company and the insured arb
out of or relating to this policy, any service of the Company in connection will-
issuance or the breach of a policy provision or other obligation. All arbitr~
matters when the Amount of Insurance is $1,000,000 or less shall be arbilrate~
Ihe option of either tho Company or the insured. All arbitrable matters when
Amount of Insurance is in excess of $1,000,000 shall be arbitrated only wi
agreed to by both the Company and the insured. Arbitration pursuant to this po
and under the Rules in effect on the date the demand for arbitration is made or
the option of the insured, the Rules in effect at Date of Policy shall be binc
upon tho padies. The award may include attorneys' fees only if the laws of
state in which the land is Ic~ated permit a court to award attorneys' fees t
prevailing pady, Judgment upon the award rendered by tile Arbilrator(s) may
entered in any court, having jurisdiction thereof.
The law of the situs el Ihe land shall apply to an arbitration under the 1
Insurance Arbitration Rules.
A copy of ~he Rules may be obtained from the Company upon request
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
the Company is the entire policy and contract between the insured and
Company. In interpreting any provision of this policy, this policy shall
construed as a whole.
(b) Any claim of !ess or damage, wheiher or not based on nergonco, ~
which arises out of the status of the title to the estate or interest covered hereb,
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made excep~
a writing endorsed hereon or attached hereto signed by either the Presiden
Vice President, the Secretary, an Assistant Secretary, or validating officer
authorized signatory of the Company.
16. SEVERABILITY.
tn the event any provision of the policy is held invalid or unenforceable un
applicable law, the policy shall be deemed not to include that provision and
other provisions shall remain in full force and effect.
17. NOTICES WHERE SENT.
Alt notices required to be given the Company and any statement in wri~
required to be furnished the Company shall include the number of this policy;
shall be addressed lo: Consumer Affairs Depadment, F.O. Box 27567, Richmc
Virginia 23261-7567.
NM1 PA10
ALTA Owner's Policy (10/17/92)
Form 1190-3 Cover Page ORIGINAL Valid only d Face Page and Schedules A and B are attacl
NEW YORK OFFICES
NEW YORK STATE OFFICE
655 Third Avenue
New York, New York 10017
(212) 949-0100
FAX: (212) 983-8430
BUFFALO
37 Franklin Street, Suite 100
Buffalo, New York 14202
(716) 853-6800
FAX: (716) 853-6806
GARDEN CITY
1399 Franklin Ave, Suite 300
Garden City, New York 11530
(516) 742-7474
FAX: (516) 742-7454
NEW CITY
17 Squadron Boulevard, Suite 302
New York, New York 10956
(845) 634-7070
FAX: (845) 634-8513
185 Old Country Road, Ste 2
Riverhead, New York 11901
(631) 727-7760
FAX: (631) 727-7818
WHITE PLA/NS
50 Main Street
White Plains, New York 10606
(914) 949-0002
FAX: (914) 949-0180
NATIONAL TITLE SERVICE
655 ThJ~Avenue
New York, New York 10017
(212)949-0100
Form B 1190-3
OWNER'S POLICY OF
TITLE INSURANCE
American Land Title Association (10/17/92)
Issued by
Commonwealth Land
Title Insurance Company
Commonwealth Land Title insurance Company
is a member of the LandAmerica family of title insurance
underwriters.
LandAmerica
Commonwealth
LandAmerica Financial Group, Inc.
101 Gateway Centre Parkway
Richmond, Virginia 23235-5153
www. landam.com
THANK YOU.
Title insurance provides for the protection of your
real estate investment. We suggest you keep this
policy in a safe place where it can be readily
available for future reference.
If you have questions about title insurance or the
coverage provided by this policy, contact the
office that issued this policy, or you may calf or
write;
Commonwealth Land Title Insurance Company
Consumer Affairs
P.O. Box 27567
Richmond, Virginia 23261-7567
telephone, toll free: 800 446-7086
web: www. landam.com
We thank you for choosing to do business with
Commonwealth Land Title Insurance Company,
and look forward to meeting your future title
insurance needs.
Commonwealth Land Title Insurance Company
is a member of the LandAmerica family of title insurance
underwriters.
LandAmerica
Commonwealth
N
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of 8.5142 acres of active farmland and/or 0 acres of non-
farmland, situated as part of Suffolk County Tax Map No. 1000-122-1-2.2 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, hereby waive my
right to require the Town of Southold to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
Proiect Sponsor
TOWN OF SOUTHOLD
By:
/J5~;h9~aRY~ utHeO ~ n, Supervisor
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
Landowner
Paul and Maureen Grippa
Paul Grippa ~"/'
1100 County Road 48
Mattituck, New York 11952
Maureen Grippa/
1100 County Road 48
Mattituck, New York 11952
STATE OF NEWYORK )
)SS:
COUNTY OF SUFFOLK )
On the ~__ day of May, 2005, before me personally appeared JOSHUA Y.
HORTON, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD;
that he knows the seal of said municipal corporation; that the seal affixed to said instrument
is such corporate seal; and that by his signature on the instrument, the individual, or the
municipal corporation upon behalf of which the individual acted, executed the instrument
and affixed the seal thereto by like order.
DENISE F. BURNS
Notary Public, State of New York
No. 480526f~
Qualified in Suffolk County
Commission Expires September 30 2006
STATE OF NEW YORK )
COUNTY OFSUFFOLK )
)SS:
On the L day of May, 2005, before me personally appeared
PAUL GRIPPA, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same as owner of the subject premises; and
that by his signature on the instrument, the individual, or the persons upon behalf of which
the individual acted, executed the instrument.
DENISE F, BURNS
Notary Public, State of New York
No. 4805269
Qualified in Suffolk C:)unty
Commission Expires Septe~ber 3(' 20C:6
STATE OF NEW YORK )
COUNTY OFSUFFOLK )
)SS:
On the day of May, 2005, before me personally appeared
MAUREEN GRIPPA, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same as owner of the subject premises; and
that by his signature on the instrument, the individual, or the persons upon behalf of which
the individual acted, executed the instrument.
Notary Public
R
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: RELEASE
Number of Pages: 3
Receipt Number : 05-0077294
District: Section: Block:
1000 121.00 02.00
Recorded:
At:
LIBER:
PAGE:
EXAMINED AND CHARGED AS FOLLOWS
!ceived the Following Fees For Above Instrument
Exempt
Page/Filing $9.00 NO Handling
COE $5.00 NO NYS SRCHG
Notation $1.50 NO Cert. Copies
RPT $90.00 NO SCTM
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
07/26/2005
12:26:11 PM
D00012399
710
Lot:
005.000
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$0.00 NO
$125.5o
DEPT Of LAND
PRESERVATION
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
5-
31
Deed. Mortgage Instrument
Deed / Mortgage Tax Stamp
RECORDED
CLERK OF
L DOOO1239q
P 710
Recording / Filing Stamps
FEES
Page / Filing Fee
Handling
TP-584
Notation
EA-5217 (Couniy)
EA-5217 (State)
Comm. of Ed.
Affidavit
Certified Copy
Sub To,al I ~q ~'0
5. 00 Q
Reg. Copy
Other
4 [District
Real
Property
Tax Service
Agency
Verification
SubTotal
Grand Total
Isectio. IB,ock ~lLot
t( iooo i2ioo o20o oo5ooo
lOOO 12200 oioo 002003
1000 12200 0100 002004
lO00 12200 OlO0 002005
Satisfaction/Discharges/Release List Property Owners Mailing Address
RECORD & RETURN TO:
71
Co. Name
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / AssR,
or
Spec. / Add.
TOT MTG. TAX
Dual Town -- Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by dfis motgage is
or will be improved by a one or two
family dwelling only.
YES -- or NO
If NO, see appropriate tax clause on
page # of this inslrument.
5 Conm~unlty Preservation Fund
Consideration Amount $.
CPF Tax Due $.
Improved__
Vacant Land
TD _
TD
TD
Title, Company Information
COMMONWEALTH
Suffolk County Recording & Endorsement Page
This page forms part ofthe attached
made by:
(SPECIFY TYPE OF iNSTRUMENT)
The premisis herein is situated in
SUFFOLK COUNTy, NEW YORK.
In the Township of .
In the VILLAGE
or HAMLET of
TO
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
RELEASE AGREEMENT
THIS AGREEMENT made as of the /, w'~ day of July, 2005
BETWEEN
NORTH FORK BANK, with offices at 275 Broadhollow Road, Melville, New York 11747, party of
the first part, and
TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal
office at 53095 Main Road, Southold, New York 11971, party of the second part,
WITNESSETH:
WHEREAS, the said party of the first part now owns and holds the following mortgage and the
bond or note secured thereby:
Mortgage dated November 20, 1992, made by Maureen M. Grippa and Paul Grippa to Home
Federal Savings Bank to secure the principal sum of $150,000.00, which mortgage was recorded
on December 14, 1992 in Liber 18427, Page 533 in the office of the Clerk of the County of Suffolk;
.,/
Mortgage dated March 27, 1998, made by Maureen M. Grippa and Paul Grippa to Home Federal
Savings Bank to secure the principal sum of $13,566.26, which mortgage was recorded on
September 9, 1998 in Liber 19395, Page 78; which aforementioned mortgages were
consolidated, extended and modified by Agreement dated March 27, 1998, made by Maureen M.
Grippa and Paul Grippa to Home Federal Savings Bank to form a single lien of $140,500.00,
which Agreement was recorded on September 9, 1998 in Liber 19395, Page 79, which mortgages
as consolidated cover premises hereinafter mentioned or a part thereof, and
WHEREAS, the party of the first part, at the request of the party of Paul Grippa and Maureen M.
Grippa, has agreed to give up and surrender the interest in the Easement on lands described in
Schedule 'A" annexed hereto, unto the party of the second part, and to hold and retain the fee title
and residue of the mortgaged lands as security for the money remaining due on said modgage,
NOW THIS INDENTURE WITNESSETH, that the party of the first part, in pursuance of said
agreement and in consideration of one dollar, lawful money of the United States, paid by the party
of the second part, does grant, release and quitclaim unto the party of the second part, only on
the Easement on a portion of the mortgaged lands described in Schedule "A" annexed hereto, the
mortgage lien to continue on all remaining interest in said lands.
This agreement may not be changed or terminated orally. This agreement shall bind and enure to
the benefit of the parties hereto, their respective heirs, personal representatives, successors and
assigns. The word "party" shall be construed as if it read "parties" whenever the sense of this
agreement so requires.
IN WITNESS WHEREOF, the said party of the first part has d'uly executed this agreement the day
and year first above written.
NORTH FORK BANK
IN PRESENCE OF:
Title:
State of New York, County of Suffolk: ss:
O~,¢¢~.July , ~ ,~k_, 20.05, before me, the undersigned, personally appeared
~' )-'/~ )',~,,~ s personally known to me known or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledge to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
Record & Return to:
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton, NY 11968
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING ,PAGE
Type of Instrument: AGREEMENT
Number of Pages: 3
Receipt Number : 05-0077294
District: Section: Block:
1000 121.00 02.00
Recorded:
At:
LIBER:
PAGE:
EXAMINED AND CHARGED AS FOLLOWS
~ceived the Following Fees For Above Instrument
Exempt
Page/Filing $9.00 NO Handling
COE $5.00 NO NYS SRCHG
Affidavit $0.00 NO Notation
Cert. Copies $0.00 NO RPT
SCTM $0.00 NO
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
07/26/2005
12:26:11 PM
M00021093
345
Lot:
005.000
Exempt
$5.00 NO
$15.00 NO
$1.50 NO
$90.00 NO
$125.50
AU$ 12 2005,
DEPT. OF LAND
. i PRESERVATION
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed. Mortgage Instrument
RECORDED
2005 Jul 26 12:26:11
Edward P.Romaine
C3-ERK OF
SUFFOLK COUHTV
L
P 345
31
Page / Filing Fee L~ __
l
Deed / Mortgage Tax Stamp [ Recording / Filing Stamps
FEES
Handling ,5, 00
TP-584
Notation i '~
(County) Sub Total I ~,~)
EA-5217
EA-5217 (State)
Comm. of Ed. 5. 0~0
Affidavit
Certified Copy
Reg. Copy Sub Total ~ ~ 0 , OD
Other } ~" ' Grand Total i 2 ~' , CO
4 ]District I Section __]Block ]Lot
Real [ 3-000 3-2100 0200 005000
Property
1000 12200 0100 002003
/ I~ ' ~\ 1000 12200 0100 002004
Tax Service
Agency I~_SMI A) 1000 12200 0100 002005
Verification ~.~/
6 [ Satisfaction/Discharges/Release List Property Owners Mailing Address
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
or
Spec. / Add.
TOT. MTG TAX
Dual Town Dual County --
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mot#age
or will be improved by a one or tv
family dwelling only.
YES -- or NO
If NO, see appropriate tax clause on
page # of this instrument.
5 Communit7 Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved --
8
71
Co. Name
Title #
Vacant Land
TD
TD
TD
TRIe Company Information
COMMONWEALTH
oq~o/7~3
Suffolk County Recording & Endorsement Page
This page forms part of the attached
(SPECIFY TYPE OF INSTRUMENT)
The premisis herein is situated in
SUFFOLK COUNTy, NEW YORK.
In the Township of
In the VILLAGE
or HAMLET of
made by:
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PR[OR TO RECORDING OR FILING
(over)
SUBORDINATION AGREEMENT
THIS AGREEMENT made as of the ~, ~ day of July, 2005
BETWEEN
NORTH FORK BANK, with offices at 275 Broadhollow Road, Melville, New York 11747, party of
the first part, and
TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal
office at 53095 Main Road, Southold, New York 11971, party of the second part,
WITNESSETH:
WHEREAS, the said party of the first part now owns and holds the following mortgage and the
bond or note secured thereby:
Mortgage dated November 20, 1992, made by Maureen M. Grippa and Paul Grippa to Home
Federal Savings Bank to secure the principal sum of $150,000.00, which modgage was recorded
on December 14, 1992 in Liber 18427, Page 533 in the office of the Clerk of the County of Suffolk;
Mortgage dated March 27, 1998, made by Maureen M. Grippa and Paul Grippa to Home Federal
Savings Bank to secure the principal sum of $13,566.26, which mortgage was recorded on
September 9, 1998 in Liber 19395, Page 78; which aforementioned mortgages were
consolidated, extended and modified by Agreement dated March 27, 1998, made by Maureen M.
Grippa and Paul Grippa to Home Federal Savings Bank to form a single lien of $140,500.00, v'
which Agreement was recorded on September 9, 1998 in Liber 19395, Page 79, which mortgages
as consolidated cover premises hereinafter mentioned or a part thereof, and
WHEREAS, Paul Grippa and Maureen M. Grippa, both residing at 1100 County Road 48,
Mattituck, New York 11952, the present owner of the premises hereinafter mentioned and
described in said mortgage is about to execute and deliver to said party of the second part, a
Grant of Development Rights Easement conveying and granting an easement upon a portion of
the mortgaged premises described in Schedule "A" annexed hereto; and also described in said
easement; and
WHEREAS, said party of the second part has refused to accept said easement unless said
mortgage held by the party of the first part be subordinated in the manner hereinafter mentioned,
NOW THEREFORE, in consideration of the premises and to induce said party of the second part
to accept said easement and also in consideration of one dollar, paid to the party of the first part,
the receipt whereof is hereby acknowledged, the said party of the first part hereby covenants and
agrees with said party of the second part that said mortgage held by said party of the first part be
and shall continue to be subject and subordinate in lien to the lien of said Grant of Development
Rights Easement dated May 4, 2005 about to be delivered by Maureen M. Grippa and Paul
Grippa to the party of the second part hereto and to be recorded in the Suffolk County Clerk's
Office simultaneously herewith (the 'Easement"). The Easement consists of the limitations,
agreements, covenants, use, restrictions, rights, terms, and conditions set forth therein, intended
to restrict further development of the properly while permitting use of the property for agricultural
production and compatible uses thereof as set forth in said Easement.
IN WITNESS WHEREOF, the said party of the first part has duly executed this agreement the day
and year first above written.
IN PRESENCE OF:
NORTH FORK BANK
Title: '" /~¢p f
State of New York, County of Suffolk: ss:
On July ~, ¢", 2005, before me, the undersigned, personally appeared
· )~,-~ ~ ~C. ~¢ I,~ ,~ ,..~ personally known to me known or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledge to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual or the person upon behalf of which the individual
acted, executed the instrument.
Record & Return to:
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton, NY 11968
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Horton
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
From:
Melissa Spiro, Land Preservation Coordinator
Date: May 4, 2005
Re:
PAUL & MAUREEN M. GRIPPA to TOWN OF SOUTHOLD
plo SCTM #1000-122-1-2.2
Please be advised that the Town has acquired the development rights on the property listed
below. If you would like any additional information regarding the purchase, please feel free to
contact me.
LOCATION:
OWNERS:
PURCHASE DATE:
PURCHASE PRICE:
TOTAL PARCEL ACREAGE:
EASEMENT AREA:
FUNDING:
MISCELLANEOUS:
1100 County Road 48, Mattituck
Paul & Maureen M. Grippa
Closing took place May 4, 2005
$255,426.00 (based on 8.5142 buildable acres @ $30,000/acre)
10.5142 acres
8.5142 acres
Community Preservation Funds
This property is listed in the Town's Community Preservation
Project Plan. The landowner left out a 2-acre reserve area from
the development rights easement acreage. See attached sketch
for clarification.
GRIPPA to TOWN OF SOUTHOLD
Development Rights Easement
Closing held: May 4, 2005
Land Preservation Department
From left to right:
Paul Grippa
Joshua Y. Horton, Town Supervisor
Maureen M. Grippa
4.5
13.4Ak)
4,4
4
?.4
XO.2
L.NJREL LAKE
Z
x ®
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GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4,2005
Photo taken from gravel road entrance off Sound Avenue
at west fencing facing westerly
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4,2005
Photo taken from gravel road entrance off Sound Avenue
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4,2005
Photo taken from gravel road entrance off Sound Avenue
facing easterly woods
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4,2005
Photo taken from area of chicken coops (on left)
facing in a southerly direction
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4, 2005
Photo taken from midway point of gravel road dividing
property east/west facing in a northeasterly direction.
Framed building shed and dirt pile.
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4,2005
Photo taken from Route 48 at northwest corner of property
facing southeasterly.
Graveled fenced in riding area.
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4,2005
Photo taken from Route 48 approximately 265 feet from
northwest corner of property facing southwesterly from
framed barn towards graveled fenced in riding area.
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4, 2005
Photo taken from Route 48 from westerly side of guardrail
facing in a southwesterly direction.
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4, 2005
Photo taken from Route 48 from westerly side of guardrail
facing in a southeasterly direction.
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4, 2005
Photo taken from Route 48 from northeast corner stake
facing southerly.
GRIPPA Property
SCTM #1000-122-1-p/o 2.2
1100 County Road 48 (s/s)
Mattituck
May 4,2005
Photo taken from Route 48 from northeast corner stake
facing westerly.
A
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2001 Aerial SCTM #1000-122-1-2.2 Premises: 1100 Rt 48, Mattituck Grippa Property +9.0 acres dev rights
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· =MONUMENT
· --PIPE
FINAL
SURVEY
SURVEY OF PROPERTY
A T MA TTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-122-01-2.2
SCAL~' 1~-60'
OCTOBER 19, 2004
(C~ 48) ~,
, , . ~ ~
' ,' CERT~I~ TO'
' TOWN OF SOUTHOLD
. ' ' :., ' ", ' LAND AMERICA COMMONWEAL TH
, . ~,
, , ~'"~ ' ~ :, ~' , ,;/,,~ , ,', :
....... ,' ~T ~ PER SEC~ 7209-SUBDI~SION 2. ALL ~RflFICATIONS
2
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Town of
Town
Public
Southold
oard
Hearing
Town Development
Rights Purchase
Map Prepared by
Town of Southo~d G~S
September 8, 2004
Town of
Town
Public
Southo d
oard
Hearing
Rights Purchase
Protected Lands
Protected Land
~ap Prepared by
TOw~ Of
13, 2004
SCTM#
Grippa