HomeMy WebLinkAboutDuffy, Alice Grattan Estate 1000-63-2-6.2
(f/k/a 1000-63-2-p/o 6)
Baseline Documentation
Premises:
1135 Boisseau Avenue
Southold, New York
7.13 acres
Development Rights Easement
THE ESTATE OF
ALICE GRATTAN DUFFY
to
TOWN OF SOUTHOLD
Deed dated November 18, 2004
Recorded December 9, 2004
Suffolk County Clerk - Liber D00012359, Page 554
SCTM #:
1000-63-2-6.2
(f/k/a 1000-63-2-p/o 6)
Premises:
1135 Boisseau Avenue
Hamlet:
Southold
Purchase Price:
Funding:
$196,075.00
(7.13 buildable acres
$27,500/acre)
Community
Preservation Funds
(2% land bank)
CPF Project Plan:
Yes
Total Parcel Acreage:
8.15 acres
Development Rights:
Set-off/Lot Line Change:
7.13 easement acres
0.930 acre lot created
and 0.09 acre lot line
change (approved by
Planning Board)
Zoned:
R-40
Existing Improvements:
none on easement in
November 2004
VALUATION WITH DEVELOPMENT RIGHTS
A. DESC____~RIPTION
1. LAND
The subject is a parcel of land having an area of 7.00+ acres. It is part of a larger
parcel which has an irregular shape with 152+' of frontage along the westerly side of
Boisseau Avenue, an irregular southerly border which runs thence westerly 1024+', thence
northerly 164+', thence westerly 270_+' to the easterly side of Youngs Avenue. It has a
westerly border of 173_+' which fronts along Youngs Avenue. It has an irregular northerly
border which runs thence easterly, 200+', thence northerly 140-+', thence easterly 473+',
thence southerly 215+', thence easterly 681+'. The subject is a 7.00+ acre portion of the
above described property. The appraisers have not been furnished a survey depicting the
actual dimensions of the subject portion of the prope.r[y. We have been instructed to
exclude a 1.15+ acre area, located at the westerly boL~ndary of the subject, which contains
the existing improvements. The subject portion of the property would likely not retain any
frontage on Youngs Avenue.
The above dimensions are taken from the last deed of record and the Suffolk County
Tax Map.
Utilities (Publicwater, electric, and telephone) are available along the property's road
frontage (Youngs Avenue). Boisseau Avenue and Youngs Avenue are two way, two lane,
publicly maintained macadam paved roads.
GIVEN
A. DESCRIPTION (CONTINUED)
1. LAND (CONTINUED)
In the addenda to this report, we have included a copy of the Suffolk County Tax Map
which shows the entire property of which the subject of this appraisal is a portion.
The property has a generally level topography and is mostly cleared. It is situated at
or near grade with the abutting road and is vacant.
Land use surrounding the subject is primarily vacant, or improved residential
properties with some commerc!al/industrial uses nearby to the south.
2. IMPROVEMENTS
The subject is vacant land.
B. PRESENT USE AND OCCUPANCY
The subject is presently vacant.
_GIVEN ]9
C. ZONING
The subject lies in the R~40 Residential zoning district of the Town of Southold. This
zone permits primarily a single family residential usage on lots having a minimum size of
40,000 SF.
We list below the major requirements of this zone:
Zoning District
Minimum Width
Setback
Front Yard
Rear Yard
Side Yard (both)
Maximum Lot Occupancy
Maximum Building Height
: R-40
150'
50'
50'
35' none~ less than 15'
: 20%
: 2¼ stories or 35'
We have included a copy of Southold's zoning map showing the subject and a Table
of General Requirements, in the Addenda to this report.
GIVEN 20
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SUBJECT PHOTO§I~J~PH5
Aerial Photograph of Subject Area
~GIVEN vo
I Tax Map Location "'1
71
SITUATF'
SOUI'HOLD, TOWN OF' spUTHOLD
suF'F'OLK COUNTY, 'N.Y.
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Phase I
Environmental Site Assessment
A. G. Duffy Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) 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 Southold, Town of Southold, County of Suffolk, New
York. The subject property consists of a 7.17 acre portion of undeveloped farmland of a parcel
totaling 8.2 acres in size. The property is located on the west side of Boisseau Avenue,
approximately 216 feet north of Hummel Avenue. The street address of the property is 1135
Boisseau Avenue. The property is more particularly described as Suffolk County Tax Map #
1000-063-02-p/o 6.
The subject property consists of vacant fallow farm field with some wooded areas along the
southern and northeastern property boundaries. The 1.03 acre out parcel contains a house and
several accessory structures. This portion of the overall property is not considered part of this
report since the Town is not purchasing the development rights of this out parcel. No irrigation
wells or associated well pump engines were observed on the subject property. No structures,
foundations, staining or stressed vegetation were observed on the subject property.
Sanborn map coverage is available for the years 1920, 1929, 1947 and i965 for the subject
property. These maps revealed the subject property was vacant in all of the maps. Historic aerial
photographs from 1969, 1976, 1980, 1994 and 1999 were reviewed in order to deterrmne past
uses of the property. This review revealed the property has always been vacant farmland.
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 in the vicinity of the subject property. Specifically, six (6) spill incidents are
located within one-half (0.5) mile and one (1) RCRA Generator is located in close proximity of
the subject property.
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
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FIGURE I
LOCATION MAP
A. G. Duffy Property, Southold
A. G. Duffy Property, Southold
Phase I ESA
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48
Beixedon
£stateSo
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0 mi 0.2 0.4 0.6 0.8
NELSON POPE & x/OORHIS LLC
EN¥1RONMENTAt · PLANNING · CONSULTING
Page 7 of 25
A. G. Dully Property., Southold
Phase I ESA
I FIGURE 2
I SITE MAP
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NORTH
Page 9 of 25
Toxics Targeting
1 Mile Radius Map
1135 Boisseau Ave
Southold, NY 11971
N
Suffolk C;ounly
E~ NPL CERCLIS NYSDEC InactiveHazardousWaste
Disposal Regisffy or Registry Qual fy ng S e
] Hazardous Waste Treater,
Storer, Disposer
i~ Hazardous Substance Solid Waste
Waste Disposal Site [~ Facility
Major Oil
~ Storage Facility
Roads
Roads Border
Tracks
Radius Radius
Radius Radius
Distance in Miles
m
1135 Bois~eau Ave
Jm llmm Im ~m ~ ~ mm
Toxics Targeting
1/2 Mile Radius Map
1135 Boisseau Ave
Southold, NY 11971
Suffolk County
__ Major -- m Courlty
1/2 0 1/16 1/8 1/4 1/2
Distance in Miles
/
1135 Boisseau Ave
Toxics Targeting
1/4 Mile Radius Map
1135 Boisseau Ave
Southold, NY 11971
w+,
Suffolk County
Chemical Storage
Facility
Toxic
~ Release
Wastewater
E)ische~le
Petroleum Balk
Storage Facility
Location
Major
I Mile
Radius
1/4 Mile
Radius
1/2 Mile
--- -- 1/8 Mile
Radius
Distance in Miles
· 1135 Boisseau Ave
79
0 1/8
D~stance in Miles
Toxics Targeting
1/4 Mile Closeup Map
1135 Boisseau Ave
Southold, NY 11971
N
Suffolk County
~r] NPL CERCLIS NYSDEC InactiveHazardousWas~e
Hazardous Waste Treater, /',~,~1 MTBEOasoline
Solid Waste
(~ Hezardous Substance [~ Facility *
Waste Disposal Site *
Ma or Oil
~ Storage Facilty ~ Hazardous
Chemical Storage Hazardous Waste
~ Facility *** [] Generator, Trensp
Toxic Release ***
~ Discharge *** ~[~ Docket Facility
Petrolet~m Bulk
· Storage Facility '**
Il
* 1 Mile Search Radius ** 1/2 Mile Search Radius
*'* 1/4 Mile Search Radius
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ELIZABETH A. NEVTT,T,I~,
TOWN CLERK
HEGISTRAR 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. 749 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 18, 2003:
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter
6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesdav~ December 2~ 2003, at 8:05 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 The Estate of Alice G. Duff¥.
Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue. The property is
located on the west side of Boisseau Avenue, in Southold. The development fights easement
comprises approximately 7.168 acres of the 8.152 acre farm. The exact area of thc development
fights easement is subject to the survey. The purchase price is $27,500 (twenty-seven thousand
five hundred dollars) per acre. Thc property is listed on thc Town's Community Preservation
Project Plan as property that should be preserved due to its 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, Feather Hill
Annex, Southold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
LEGAL NOTICE
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25
(Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesday~ December 2~ 2003, at
8:05 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 The Estate of Alice G.
Duffy.
Said property is identified as SCTM #1000-63-2-6 and 1135 Boissean Avenue. The
property is located on the west side of Boisseau Avenue, in Southold. The development
rights easement comprises approximately 7.168 acres of the 8.152 acre farm. The exact
area of the development rights easement is subject to the survey. The purchase price is
$27,500 (twenty-seven thousand five hundred dollars) per acre. The property is listed on
the Town's Community Preservation Project Plan as property that should be preserved
due to its agricultural value.
/
FURTHER NOTICE is hereby given tha'. a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town
Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested
person during business hours.
Dated: November 18, 2003
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON NOVEBMER 25, 2003: AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler Watchman
Melissa Spiro
Town Clerk's Bulletin Board
Town Board Members
Town Attorney
Estate of Duffy
SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 2, 2003
8:05 P.M.
HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS OF THE DUFFY ESTATE, SCTM
# 1000-63-2-6.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attomey Gregory F. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesday~ December 2~ 2003~ at 8:05 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 The Estate of Alice G. Dully.
Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue. The property is located
on the west side of Boisseau Avenue, in Southold. The development rights easement comprises
approximately 7.168 acres of the 8.152 acre farm. The exact area of the development rights easement is
subject to the survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per
acre. The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its 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, Feather Hill Annex, Southold,
New York, and may be examined by any interested person during business hours.
This was published on the Town Clerk's bulletin board and it has appeared in the Traveler-Watchman
newspapers and I have no further communications on it. Josh?
SUPERVISOR HORTON: Thank you, Councilman Wickham. We are in a public hearing on
purchase of development rights of about 7 acres, agricultural land in Southold. Are there comments
from the floor? (No response) The hearing is closed.
Elizabeth A. Neville
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. 780 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 2, 2003:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on part of a certain parcel of property of aghcultural lands owned by The Estate of
Alice G. Duffy, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town
of Southold. Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue, and
is located on the west side of Boisseau Avenue, in Southold. The development rights easement
comprises approximately 7.168 acres ~f the 8.152 acre farm. The exact area of the development
rights easement is subject to survey. The purchase price is $27,500 (twenty-seven thousand five
hundred dollars) per acre; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNI/STED ACTIONS Only
PART ];-PRO3ECT ][NFORHAT/ON (To be completed by Applicant OR Project) Page I of 2
1. APPLICANT/SPONSOR: Southold Town Board
. PRO3ECT LOCATION:
4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, ete~ or provide map)
S. XS PROPOSED AC'I/ON:
Expansion Modification
6. DESCRIBE PRO3ECT BR/EFLY:
o~
7. AMOUNT OF LAND AFFECTED:
IN[TALLY :7, I~ ~ acres ULT[IqATEL~ ~,/~ ~ acres
8, WILL PROPOSED AL'q/ON COMPLY WTrH EXZS1/NG ZONING OR OTHER EXZSTJ[NG LAND USE RESTRICTIONS?
No
i£NO, de.ca/be bffeffy ~
9. WHAT IS PRESENT LAND USE IN V/C~NITY OF PRO3ECT?
R~entia~ Commerdal Industrial ~
DescnZ~e:
Park/Forest/Open space Otter
10. DOES ACT/ON XNVOLVE A PERMIT APPROVAL, OR FUNDZNG~ NOW OR ULT/MATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAL, STATE OR LOCAL)?
(/No~) if y~ Ii~t agency(s) and ~rmit/approval$
Y
11, DOES ANY ASPECT OF THE AC1/ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
12. AS RESULT OF PROPOSED AC1/ON W~LL EX~S1/NG PERMZI'/APPROVAL REQUIRE MODXI~CAT~ON?
CER1/FY 11~AT THE INFORMATION PROV/DED ABOVE/S TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor Name: /~ ~ Date: 11//~/~'~
If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before
proceeding with this assessment
PART TT-ENV/RONHENTAL ASSESS, .,:NT (To be completed by Agency) Page 2 of 2
~. DOES ACTLON EXCEED ANYTYPE 111.IRESHOLD t'N 6 NYCRP~ PART 617.47
Yes , (N,~o~ yes coordinate b~e re~ew proce~ and u~e ~;e ~ull EAF
B. W][LL ACI'ZON RECEIVE CDORDI'NATED REVZEW AS PROV'i'DED FOR UNI TST~ED AC1/ONS TN 6 NYCRR, PART 617.67
Yes [No~ no, a ile~a~e dedamEon may be ~-usl~nded by ano~er invo/ve~ agency
C. COULD ACT/ON RESULT IN ANY ADVERSE EFFECTS ASSZOCZAI~D W1TH THE FOLLOWZNG:
Answers may be handwritten, if legible)
Cl. Existing air quality surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or
disposal, potenUal for erosion, drainage or flooding problem? Explain briefly:
C2. Aesthetic, agficolturaf, archaeological, histodc or other natural or cultural resources; or community or neighborhood character?
Explain briefly: /~)
C3. Veggt~tlon or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as ofiqdally adopted, or change in use or intensity of use of land or other natural resources?
Explain
C5. Gro~.~subseqonnt development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. Lon~ ~e ,~_, short term, cumulative, or other effects not identified in C1-C57 Explain briefly:
C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly:
D. WILL THE PRO.1ECT HAVE AN ZMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABIESHMENT OF A
CEA?
Yes ~
E. XS THERE, OR ZS THERE lIKELY TO BE~ CONTROV. ERSY RELATED TO POTENTLa. L ADVERSE ENVIRONMENTAL ZMPACTS?
PART [[][- DETERMTNAT'[ON OF STGNZFZCANCE (To be completed by Agency)
INSTRUCT]OffS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should
be assessed in connection with its (a) setting (i.e. urban or nJral); probability of occurring; (c) duration; (dO irrevemibility; (e) geographic scope;
and (0 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 B was checked yes, the determination and
significance must evatuate the potential impact of the proposed action on the environmental charactedsfies of the CEA.
Ched( this box if you have identified one or more potentially large or significant adveme impacts, which may occur. Then
proc~ direcUy to the FULL ENV[RONMETNAL ASSESSMENT FORiVl and/or prepare a positive dedaration.
Oneck this box if you have determined, basecl on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments
as necessary, the reasons sul~oorfing~:::>~\ c~this ~etermination:~.~c.~,~_~.~ ~ c~c~ ~
~ , Name of Ireefl Agency /.-, ·
Print of type Name o'f Responsible Officer in Lead Agency ~.~~O~fi, cer
Signature of Respoesibte Officer in ~ Signature of prepare(if diff~(/nt from of responsible officer)
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ELIZABETH Ao 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. 799 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 2, 2003:
WHEREAS, the Town Board of the Town of Southold held a public heating on the question of
the purchase of development rights on the property owned by The Estate of Alice G. Duffy on
the 2nd day of December 2003, 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 #1000-63-2-6 and 1135 Boisseau Avenue, and
is located on the west side of Boisseau Avenue, in Southold; and
WHEREAS, the development rights easement comprises approximately 7.168 acres of the 8.152
acre farm. The exact area of the development rights easement is subject to the survey; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value, and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the purchase price is $27,500 (twenty-seven thousand five hundred dollars) per
acre; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on these agricultural lands; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on part of a certain parcel of propert~? of agricultural lands
owned by The Estate of Alice G. Duff¥, pursuant to the p~ovisions of Chapter 6 and Chapter 25
of the Code of the Town of Southold. Said property is identified as SCTM #1000-63-2-6 and
1135 Boisseau Avenue, and is located on the west side of Boisseau Avenue, in Southold. The
development rights easement comprises approximately 7.168 acres of the 8.152 acre farm. The
exact area of the development rights easement is subject to survey. The purchase price is $27,500
(twenty-seven thousand five hundred dollars) per acre.
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
ESTATE OF ALICE GRATTAN DUFFY
to TOWN OF SOUTHOLD
SCTM #1000-63-2-6 (n/k/a 1000-63-2-6.2)
Development Rights Easement - 7.13 total PDR acres
Total Parcel Acreage - 8.15 acres
Lot created (approved by Planning Board) - 0.930 acre
Lot line change (approved by Planning Board) - 0.09 acre
Premises: 1135 Boisseau Avenue, Southold
Closing took place on Thursday, November 18, 2004
at 1:00 p.m., in the Land Preservation Department located
in the Southold Town Hall Annex
Purchase Price:
Payable to The Estate of Alice Grattan Duffy
(7.13 acres @ $27,500/buildable acre)
(11/18/04)
$ 196,075.00
Expenses of Closing:
Appraisal
Payable to Given Associates
(8/12/03)
$ 2,200.00
Survey
Payable to Stanley J. Isaksen, Jr.
(8/24/04)
$ 875.00
Environmental Report
Payable to Nelson, Pope & Voorhis, LLC
(3~9~04)
$ 1,350.00
Title Report
Payable to LandAmerica*Commonwealth
(11/18/04)
Fee Policy Premium $1,196.00
Deed Recording $ 250.00
$ 1,446.00
Title Closer Attendance Fee
Payable to Karen Hagen, Esq.
(11/18/04)
$ 75.00
Those present at Closing:
Joshua Y. Horton
Lisa Clare Kombrink, Esq.
Gary Olsen, Esq.
Karen Hagen, Esq.
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Special Counsel for Town of Southold
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
GIVEN
ASSOCIATES
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306
(631) 360-347
FAX 360-362,
May 20, 2003
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
Property of Alice Grattan Duffy, S.C.T.M. #1000-63-2-6
Located Westedy side of Boisseau Avenue, Southold, NY
File# 2003217
$2,200.00
STANLEY J. ISAKSEN, JR.
PROFESSIONAL LAND SURVEYOR
P.O. Box 294
New Suffolk, N.Y. 11956
Topographic Title
Surveys Surveys
Telephone&Fax
631-734-5835
4 August2004
Town of Southold
Land Preservation Dept.
P.O. Box 1179
Southold, N.Y. 11971
ATTN: Ms. Melissa Spiro
RE: DuffyEstate
Railroad Avenue
Southold, N.Y.
TM#1000-063-02-006
Dear Ms. Spiro:
The following is a bill for mapping and surveying servic¢'~ concerning the PDR at
premised known as 205,) Railroad Avenue of property ~,wned by heirs of Alice Duffy.
Fee for services to include all field work, data collection, computer time and reproduction
expenses:
Please remit ...... $875.00 at this time.
CC: file
03R1245
AUG - 5 2OO4
D£PT OF LAND
PRESERVATION
AMERICAN CONGRESS NEW YORK STATE ASSOC. NASSAU-SUFFOLK
ON OF CIVIL ENGINEERS,INC.
SURVEYING AND MAPPING PROFESSIONAL LAND SURVEYORS, INC
l elson, Pope & Voorhis, LLC
~2 Walt Whilman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
Property: 03435 Project:
1135 Boisseau Avenue
Manager: McGinn; Steven
VAO15
To:
Town of Southold
Town Hall, 53095 State Rte 25
P.O. Box 1179
Southhold NY 11971-0959
Attention: Patricia A Finnegan, AT
Invoice #: 2302
Invoice Date: February 23, 2004
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS
Invoice Amount $1,350.00
Contract Item #1: Prepare Phase I Environmental Site Assessment
Work Performed: 12/10/03 thru 1/7/04
Contract Amount: $1,350.00
Percent Complete: 100.00%
Fee Earned: $1,350.00
Prior Fee Billings: $0,00
Current Fee Total:
$1,350.00
*** Total Project InVoice Amou/nt
$1,350.00
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
(corner 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 Depadment
Data Processing
Town Comptroller
Stewardship Manager
From: Melissa Spiro, Land Preservation Coordinator
Date:
November 19, 2004
Re:
THE ESTATE OF ALICE GRATTAN DUFFY to TOWN OF SOUTHOLD
SCTM #1000-63-2-6
Please be advised that the Town has acquired the development rights on the agricultural farmland
listed below. If you would like any additional information regarding the purchase, please feel free to
contact me.
LOCATION:
1135 Boisseau Avenue, Southold
OWNER:
The Estate of Alice Grattan Duffy
PURCHASE DATE:
Closing took place 11/18/04
PURCHASE PRICE:
$196,075.00 (based on 7.13 buildable acres @ $27,500/acre)
EASEMENT AREA:
7.13 acres
FUNDING:
Community Preservation Funds - 2% land bank
MISCELLANEOUS:
This farmland property is listed in the Town's Community
Preservation Project Plan. Parcel was originally 8.15 acres.
Landowner received Planning Board approval for subdivision
(separation of existing house from farm) and lot line change before
closing on 7.13 farm area easement with Town.
R
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D
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I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 14
Receipt Number : 04-0134693
TRANSFER TAX NUMBER: 04-19398
District:
1000
Ar~ount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
063.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Recei'~ed the Following Fees For Above Instrument
Exempt
Page/Filing $42.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $0.00 NO RPT
SCTM $0.00 NO Transfer tax
Co~.Pres $0.00 NO
TRANSFER TAX NUMBER: 04-19398
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
12/09/2004
12:11:48 PM
D00012359
554
Lot:
006.002
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$102.00
FEB 1 8 2005
DEPT. OF LAND
PRESERVATION
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
RECORDED
CLERK OF
SUKKOLK COUNTV
L D00012359
P 554
Recording / Filing Stamps
31
Page / Filing Fee
Handling 5. 00
TP-584
Notation
EA-52 17 (County) Sub Total
EA-5217 (State)
Comm. of Ed. 5. 00
Affidavit
Certified Cop3,
NYS Surcharge 15. 00
Other
G md Total
~ DisL $~¢tto~
FEES
Real Propert'
Tax Service 1000 06300 0200 006002
Agency ~
Verification
6--~[Satisfactions/Discharges/Releases List Ih operty Owners Mailing Address
RECORD & RE~ URN TO:
L/
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 mortga
or will be improved by a one or
family dwelling Olfly.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
5 Community Preservation Fu
Consideration Amount $ -mt
CPF Tax Due $ ~:~
Improved
Vacant Lm~d
TD
TD
TD
Title Company Information
ITitle~ 2~ -~-~J
8 ] Suffolk County Recordin. t ]ffil
tln~ page loruls prat oI rte attactled C~t~Ct~x T ca/ ~M3k/~ra.~Qj2./)-~-t,~/~tet./&~(.d~4~> v , fnade
(SPECIFY TYPE OF INSTRUMI~...._
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of (~) t-'~/TL ~
In the VILLAGE Ct9 ]L~/
or HAMLET of ~'~ ~
BOXES 6 THRU 8 MUST BE TYPED Oi, PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILIN(
(O
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
I~ day of )~.,l-~d~l~r~,., 2004 at Southo d, New York. The parties are
THE ESTATE OF ALICE (;RATTAN DUI:FY, c/o Eugene O. Dully, 2160
Michelle Drive, Brookfield, WI (herein called "Grantor"), and the TOWN OF
SOUTHOLD, a municipal corporation, having its principal office at 53095
Main Road, P.O. Box 1179, Southold, New York (herein called "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, more fully
described in Schedule A attached hereto and made a part hereof and shown
on a survey dated July 16, 2003 and last revised August 4, 2004, prepared
by Stanley J. Isaksen, Jr., and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold which designation, to the extent possible, is intended to
prevent the unnecessary loss of those currently open lands which contain
prime agricultural soils as outlined in the Town Code of the Town of
Southold, Section 100-30. The Property is designated as part of Suffolk
County Tax Map Parcel Nut*her 1000-63-2-6; and
WHEREAS, the PrcCerty contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #.~, and the Grantor wishes to continue using the Property in an
agricultural capacity and as scenic open space as defined in the Town Code
of the Town of Southold; and
WHEREAS, the Property is currently in agricultural use as row crops;
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 1989 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, agricultural and open
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any extensive
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 gran
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of One Hundred Ninety-Six
Thousand Seventy-Five Dollars ($196,075.00) 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 shal
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 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 covenanas and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens 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 acquir(
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 Purpose
The parties recognize the environmental, natural, scenic or 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 bv Grantor to Grantee, e×ctusivelv fnr the purpose of nreservin(
ILS Cll~raccel la p~rpe[u,cy [or its enViFOlhFl~eilkdi~ 5Cel/iC~ ag llCUl[_Ural 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 Recoqnition
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 Tnternal Revenue Code and other federal statutes.
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. Grantor has made available to Grantee sufficien
documentation to establish the condition of the Property at the time of the
delivery of this Development Rights Easement.
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
1.0Z Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as presently defined in Chapter 25 or open space as
defined in Chapter 59 of the Town Code of the Town of Southold.
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, ner$onal representatives, successors and
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
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
No structures may be erected or constructed on the Property. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under ground or upon another structure or
building, including berms, driveways or walkways. Structures shall not
include trellis, posts and wiring, farm roads or farm irrigation systems, used
in connection with bonafide agricultural production.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of 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 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 int:o 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 sawdust, ashes or chemical
waste on the Propertvshall be prohibited. This prohibition shall exclude
fertilization and composting.
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (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 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems 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 permitted
structures, if any.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or industrial uses shall be prohibited, except as permitted in
Section 4.03. For the purposes of this section, agricultural production, as
presently defined in Chapter 25 of the Town Code, shall not be considered a
commercial use.
3.08 Soil and Water
i\ny use or activity that causes or is likely to cause soil degradation or
erosirm or pollution of any surface or subsurface waters shall be prohibited.
This/'~rohibition 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.
3.9 Drainaqe
The use of the Property [or a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibitedf except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.10 Development Riqhts
The use of the acreage of this Property for purposes of calculating lot
yield on any other property shall be prohibited. Grantor hereby grants to
Grantee all existing Development Rights (and any further Development
Rights that may be created through a rezoning of the Property) on the
Property. The parties agree that such rights shall be terminated and
extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
ether 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 Landscapinq 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 Aqricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently defined in Chapter 25 of the Town Code,
in accordance with the purposes of this Easement.
4.06 Structures and Zmprovements
No structures shall be constructed on the Property.
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 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
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 or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third PaEty Claims
Grantur 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 Annual Mowinq Requirement
In the event Grantor seeks to leave the Property open and fallow, and
not perform or use the Property for agricultural production, then Grantor
hereby agrees to mow the Property on an annual basis at least once during
the growing season so as to prevent successional field growth to
predominate. In the event Grantor fails to comply with the provisions of this
section after 30 days 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 mowing.
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 upor
the Property for any other purposes, except as provided in Section 5.04, or
to permit access upon the Property by the public.
6.02 Restoration
In the event of any violation of this Easement, Grantee shall have th(
right to require the Grantor to restore the Property to the condition existinc_
prior to the claimed violation 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, floo~
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 Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition t(
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 thirty (30) 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 o
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
To 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.
Grantor shall pay either directly or by reimbursement to Grantee, 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 b
delivered by hand or registered mail, return receipt requested, or by certifie
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed 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. Mailed 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 two business days from the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinquishment
This Easement gives rise to a property right and interest immediately
vested in the Grantee. For purposes of this Section 6.06, the fair market
value of such right and interest shall be equal to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
{such difference, divided by the fair market value of the Property
unencumbered by this Easement, is herein referred to as the "Proportionate
Share"). In the event a material and potentially unforeseeable change in th(
conditions surrounding the Property makes impossible its continued use for
the purposes contemplated hereby, resulting in an extinguishment of this
Easement by a judicial proceeding, Grantor shall pay to Grantee an amount
equal to the Proportionate Share of the fair market value of the Property at
such time. In the event of a sale by Grantor to an unrelated person
subsequent to such extinguishment, or a transfer made on account of the
exercise of the Power of eminent domain, the sale price or condemnation
award shall establish fair market value. Absent such as sale, the Property's
fair market value shall be established by independent appraisal.
if all or any part of the Property is taken under the power of eminent
domain by public, corporate, or other authority other than Grantee or
otherwise acquired by such other authority through a purchase in lieu of a
taking, Grantor and Grantee shall join in appropriate proceedings at the time
of such taking, so as to abrogate the restrictions imposed by this Easement
or otherwise effectively to frustrate the purposes hereof, Grantor and
Grantee shall join in appropriate proceedings at the time of such taking to
recover the full value of the interests in the property subject to the taking
and all incidental or direct damages resulting from the taking. All expenses
reasonably incurred by the parties to this Easement in connection with such
taking shall be paid out of the recovered proceeds. Grantee shall beenti~red
shall use such proceeds actually recovered by it in a manner consistent with
the purposes of this Easement. The respective rights of Grantor and
Grantee set forth in this Section 6.06 shall be in addition to, and not in
limitation of, any rights they may have by law with respect to a modification
or termination of this Easement by reason of changed conditions or the
exercise of powers of eminent domain as aforesaid.
9
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.
7.02 Amendment
This Easement can be modified in accordance with the common and
statutory law of the State of New York applicable to the modification of
easements and covenants running with the land, and according to other
applicable provisions of State law and by mutual consent of the parties.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 or 59, as applicable, of the
Town Code of the Town of Southold, following a public hearing and,
thereafter, ratified by a mandatory referendum by the electors of the I-own
of Southold. No subsequent amendment of the provisions of the To!vn Code
shall alter the limitations placed upon the alienation of these prope~'ty rights
or interests which were acquired by the Town prior to any such &mendment.
7.04 Severability
If any provision of this Easement or the application thereof to any
person or circumstance is found to be invalid, the remainder of the
provisions of this Easement and the application of such provisions to persons
or circumstances other than those as to which it is found to be invalid shall
not be affected thereby.
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
provisions of this Easement is ambiguous or shall be subject to two or more
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
l0
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 t
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 Recordinq
Grantee shall record this Easement in the land records of the office o
the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
The headings, titles and subtitles herein have been inserted solely roi
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:
ACKNOWLEDGED AND ACCEPTED:
TOWN OF~OUTHOL~/Grantee)
~:~h-ua Y. Ho~-tonv ~ upervisor
STATE OF NEW YORK)
COUN~ OF SUFFOLK) SS:
On this~day of~ in the year 200~before me, the
undersigned, personally appeared ~ ~
or proved ~o me on the basis of satis~ctory evidence to be the individual(s~
whose name(s) is (are) subscribed to the w~thin instrumen~ and
capacity(les), and that by his/her/their signature(s) on ~he instrument, the
individua/~r ~he person upon behalf of which the
individual(s)
execute~ ~h~ins~ru ment.
Oualifi~ in Suffolk Cou~
Commission Expires March 30,
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this '~ day of/~"~ in the year 2004 before me, the
undersigned, personally appeared ~J]~-~ ~/"/. ~/'~, personally known to m
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(ies), and th~ by his/her/their signature(s) on the instrument, the
individual(s), or the//p~rson upon behalf of which the individual(s) acted,
executed the
Notary Publi~-/ ~y ~l.~l~R OLSEN
Notary Public State O! New York
No. 020~ 9959600
Queidied in Suffolk Co[~flty
STATE OF NEW YORK) Commission Expires March 30,~0~
COUNTY OF SUFFOLK) SS:
On this ./~':~ay of jl~/. in the year 2004 before me, the
undersigned, personally appearecL~'~$/,~4)/, ~'~'/'~ personally known to m
or proved to me on the basis of satisfactory evidence to be the individuai(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, t, ihe
individual(s), or the person upon behalf of which the individual(s) actLa,
~..~i,l,t'ed the in.<f~lrn~ent. KAREN J. HAGEN
No. 02HA4927029
, Oualif~e~ in Suffolk Coun~
Not C~on Expires t~an:h 21,
C:\H¥ Documents\Anne\Town of Southold Deeds of Development Rights\Dully Deed of Development
Rights 1019.doc
]2
Stewart Title Insurance Company
Title No: 23-S-3871
Schedule A Description
ALL that certain plot, piece or parcel of land with the buildings and improvements thereon
erected, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of
New York known as and by part of Lot 006.000 in District 1000 Section 063.00 Block 0200 on
the Suffolk County Land and Tax Map, and being bounded and described as follows:
Beginning at the corner formed by the intersection of the northeasterly side of Raikoad Avenue
(f/k/a Youngs Avenue) and the northwesterly side of Hmnmel Avenue distant 365.25 feet on a tie
tine;
Thence North 72 degrees 49 minutes 10 seconds East, 269.50 feet to the true point ?~ oeginning;
Running Thence North 13 degrees 13 minutes 20 seconds West, lz~8.66 feet;
Thence South 73 degrees 37 minutes 40 seconds West, 70.09 feet;
Thence North 13 degrees 29 ~ninutes 00 seconds West, 160.03 feet;
Thence North 73 degrees 37 minutes 40 seconds East, 472.92 feet;
Thence South 07 degrees 17 minutes 30 seconds East, 215.30 feet;
Thence North 78 degrees 24 ~ninutes 00 seconds East, 680.60 feet;
Thence South 02 degrees 30 ~ninutes 40 seconds West, 151.50 feet;
Thence South 70 degrees 45 minutes 10 seconds West, 1023.88 feet;
Thence North 15 degrees 07 ininutes 20 seconds West, 10.89 feet;
Thence North 13 degrees 13 minutes 20 seconds West, 145.00 feet to the point or place of
Beginning.
ALTA OWNER'S POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED iN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York 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, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized
officers as of the Date of Policy shown in Schedule A.
STEWART TITLE®
Countersigned by:
Secretary
EXCLUSIONS FROM COVERAGE
The following moilers are expressly exdaded from the coverage of this policy and the Company will not pay loss or damage, costs, aHomeys' fees or expenses which arise by reason
1. Ca) Any law, oldiaance or governmental regulalion (including bur not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the charader, dimensions or tocation of any improvement 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 o part; or (iv) environmental protection, al the effed of any violation of these
laws, ordinances or governmental regulations, except to the exienl that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation aJ~eding the land has been lecorded ia the public records at Date of Policy.
Ch) Any governmeetal police power not excluded by Ca) above, except to the extent that a notice of the exercise thereof or a nntice of a defect, lien or encumbrance resulting
from a violation or alleged violation ofleding 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, hut not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser fei value without knowledge
3. Detecis, liens, encumbrances, adverse claims or other malters:
Ca) created, suffered, assumed or agreed to by the insered claimant;
Cb) 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 re the Company by the
insured claimant prior to the date tile insured claimant became an insured under this policy;
Cc) resulting in no loss or damage to the insured claimant;
Cd) aHaching or created subsequent to Dote of Policy; or
Ce) resulting in loss or damage which would not have been sestnined if the insured claimant had paid value for the estate or interest insured by this polky.
4. Any claim which arises out of the transaction vesting in the Insured the estate or inlerest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(o) the transaction creating the estate or interest insured by lhis policy being deemed a fraudulent conveyance or fraudulent transfer; or
Cb) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except whom the preferential tlansfer results ftom the failure:
(i) to timely record the instrumenl of tfansfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgmenl or lien creditor.
Pa e 1 of
0-8831- 321620
Serial NO
Phone:
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melville New York 11747
(631) 501-9615 Fax: (631) 501-9623
Date: November 17, 2004
Title No: 23-S-3871
Melanie
Town of Southold, Office of Town Attorney
53095 Route 25
P.O. Box 1179
Southold, New York 11971
RE: Borrower/Current Owner:
Premises:
Reference:
Town of Southold
1135 Boissau Avenue
Southold, New York
In reference with the above captioned transaction, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions, please do not hesitate to call.
RightFax 11 1/2004 1:19 PAGE 002/003 Fa.x Server
SCHEDULE A
Title No.: 23-S-3871
Date of Policy: Novcml)cr 18. 2004
Policy No.: O-8831-1321620
Amount of Insurance: S196.075.00
1. Name oflnsured:
Town of Southold
County: Suffolk
2. The eslate or interest in the land described herein and which is covered by this policy is:
3. Title to the estate or interest in the land is vested in:
Easemextt made to Town of Soothold from Eugene O. Dull3: and Alice M. Grant. as ( o-Exec ~ c rs oi lhe
Esmle of Alice ('L Dllfl}' and to be recorded in lhe S,ffolk Counly Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedole A Dcscriplion, arlached hereto and made a parl hereof.
District: 1000
Section: 063.00
Block: 02.00
Lot: 006.000.
4612 (7/93) Page 2 $ T E W A R T T I T L E
INSURANCE COMPANY
RightF~x 11 1/2004 1:19 PAGE 003/003 F&x Server
Al ,IA OWNER'S POI,ICY
SCHEDULE B
TitleNo.: 23-S-3871 PolicyNo O-8831-321620
EXCEPTIONS 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:
Rights of tenant(s) or person(s) in possession, if any.
2. Survey made by Stanley J. Isaksen, Jr., daled 6/24/2003 and last dated 08/04/2004, in which covers premises
and more; shows subject premises as unimproved vacant land, and as a cultivated field; Wooded at'cas at~d
earth drive as shown thereon; Fence varies up to 2.5 feet north along par~s of southerly line; Tree on westerly
line.
Company excepts any changes since the dale of the survey used herein.
3. Policy excepts any unpaid water, sewer or street frontage charges.
4. Policy excepts the lien of restored taxes, plus interest and penalties, if any.
4613 (2/93 Page 3 S T E W A R T T I T L E
INSURANCE COMPANY
RightFax 11 712004 1:10 PAGE 002/003 Fax Server
Stewart Title Insurance Company
TitleNo: 23-S-3871 Policy No.: 0 8831 321620
Schedule A Description
Amended 11/17/2004
ALL that certain plot, piece or parcel of land with the bnildings and improvemenls thereon
creeled, situate, lying and being at Southold, Tow~ of So,thold, County of Suffolk and Slale of
New York known as and by part of Lol 006.000 in District 1000 Section 063.00 Block 02.00 on
lhe Suffolk County Land and Tax Map, and being bounded and described as follows:
Beginning at the comer formed by the intersection of the noflheasterly side of Railroad Avenue
(17k/a Youngs Avenue) ,'md the northwesterly side of Hummel Avenue distant 365.25 feet on a tie
line;
']?hence North 72 degrees 49 minutes 10 seconds East, 269.50 feet to the tn~e poinl of beginning;
Running Thence North 13 degrees 13 minutes 20 seconds West, 148.66 feet to a point;
Thence South 73 degrees 37 minutes 40 seconds West, 70.09 feel to a point;
Thence the following ~wo (2) courses and distances: (1) North 13 degrees 29 minutes 00
seconds west, 20.03 feet to a concrete monument; (2) North 13 degrees 29 minutes 00 seconds
West, 140.00 feet to a concrete monnment;
Thence North 73 degrees 37 nfinules 40 seconds easl, 472.92 feet to a concrete monumenl;
Thence South 07 degrees 17 minutes 30 seconds easL 215 30 feel to a concrele monumenl;
Thence North 78 degrees 24 minutes 00 seconds east, 680.60 feel lo a concrele monumenl;
Thence South 02 degrees 30 minutes 40 seconds west, 151.50 feel lo a point;
Thence South 70 degrees 45 minutes 10 seconds wesl, 1023.88 feet to a point;
Thence North 15 degrees 07 minutes 20 seconds west, 10.89 feet to a point;
Thence North 13 degrees 13 minutes 20 seconds west, 145.00 feet to the point or place of
Beginning.
STEWART TITLE
INSURANCE COMPANY
HEREiN CALLED THE COMPANY
Title No.: 23-S-3871
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
ATTACHED TO AND MADE A PART OF POLICY NUMBER
O-8831-321620
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or material famished prior to the date hereof, and which has now gained or which
may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the insmunents creating the insured interest is later than the policy date, such policy shall also
cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly
stated.
This endorsement, when countersigned below by a validating signatory is made a part of the policy and is subject to the Exclusions
from Coverage, Schedules, Conditions and Stipulations therein, except as modified by'the provisions hereof.
Signed on November 18, 2004
Authorized Office or Agent
Stewart Title Insurance Company
125 Baylis Road Suite 201
Melville, New York 11747
Agent No.: 327005
STEWART TITLE
INSURANCE COMPANY
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH ALTA OWNER'S POLICY (10/17/92)
CONDITIONS
). DEFINITION OFTERMS.
The following terms when used in this policy meam
Ca) "insured": the insured named in Schedule A, and, subiect to any rights or defenses
othu Company would hove 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, se~vivors, personal representatives, next of kin, or
corporate or fiduciary successors.
Cb) "insured doimanP': aa insured claiming loss nc damage.
Cc) "knowledge" or "known": acrual knowledge, not constructive knowledge ur notice
which may be imputed to an insured by reason of the public records as defined in this policy
or any other records which impart constructive notice of mattms affeding the land
Cd) "land": the land desclibed or referred to in Schedule A, and implovements affixed
thereto which by law constitute real property. The term "land" does not include any properh/
beyond the lines of the area described or referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the exlent to which a dgbt of access to
and from the land is insured by this policy.
Ce) "mortgage": mortgage, deed of lmst, trust deed, or othel security instrument.
Ct) "public records": records established under state statutes at Dote of Policy for the
purpose of imparting constructive notice of matters relating to real properh/lo purchasers fur
value and without knowledge. With resped to Sedion l(a)(iv) of the Exclusions From
Coverage, "public records" shall also include environmental protection liens filed in the
records of the clerk of tho IJnited States district court for the disttict in which the land is
located.
(g) "unmarketobdily of the title": an alleged or apparent matter affeding 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 contradaal condition requiring the delivery of malketable title.
2. CONTINUATIOI't OF INSLIRAHCE AFTER COt'IYEYANCE OF TITLE.
Jhe coverage of this policy shot continue in force as of Date of Policy in favor of an
insured nary se long as the insured retains an estate or intmest in the land, or holds an
indebtedness secured by a pumhase money morigage given by a pulchaser from the insured,
)r only so long as the insured shall have liabilily by reason of covenants of worranly made by
insured in any transfer or conveyance of the estate or interest. This policy shall oat
continue in force in favor of any purchaser from the insured of either (i) on estate or interest
in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the
insured.
3. NOTICE OF CtAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any litigation as
set forth in Section 4Ca) below, (ii) in case knowledge shall come to an insured hereunder of
any claim of title or interest which is adverse 1o the title to the estate or interest, as insured,
and which might cause loss or damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest, as insured, is rejeded as unmarketable. If
prompt notice shall not be given to the Company, then as to the iesemd all liabili~/of the
Company shall terminate with regard to the mailer or moilers for which prompt notice is
required; provided, however, lhot failure to notify tho Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be prejudiced by the failure
and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIOPlS; DUIY OF INSURE[~ CLAIMANT TO
COOPERATE.
Ca) Upon wriHen request by the insured and subject to the options contained in Sedion
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
pa~ asserts a claim adverse to the title m interest as insured, but only os 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 own choice (subject to the
right of the inseled to objed for reasonable caose) to represent the insured as to those stated
causes of adion and shall not be liable for and wUJ not pay the fees of any other counsel.
The Company will oat pay any fees, costs or expenses incmled by the insured in the defense
oE those causes of action which allege matters not insured against by this policy.
Cb) The Company shall have the right, at its own cost, 1o institute and plosecute any
or proceeding or to do any other act which in its opinion may be necessary or desirable
to establish the title to the estate or inlerest, as insured, or to prevent or reduce loss or
damage to the insured. Fha Company may take any appropriate action undel the*terms of
this policy, whether or not it shall be liable hereunder, and shall not thereby concede liabdiiy
or waive any provision of this policy, tf the Company shall exercise it tightv under this,
paragraph, it shall do so diligently.
AND STIPULATIONS
Cc) Whenever the Company shall have brought an action or interposed a defense as
required or permgted by the provisions of this policy, the Company may pursue any litigation
to final determination by o court of competent jurisdiction and expressly Ieserves the right` in
its sole discretion, to appeal from any adverse judgment or order.
Cd) In all cases where this policy permits or requires the Company to prosecute or
provide for the defense of any action or proceeding, the insured shall secure to the Company
the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein, and permit the Company to gee, at its option, the name of the insured for this
purpose. Whenevel requested by the Company, the insured, at the Company's expense, shall
give the Company all reasonable aid (i) in any action or proceeding, securing evidence,
obtaining witnesses, plosecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful oct which in the opinion of the Company may be
necessary or desilahle 1o establish the title to the estate or intmest as insured. If the
Company is prejudiced by the failure of the insured to furnish the inquired coopelation, the
Company's obligations to the insured under the policy shall terminate, including any liabilih/
or obligation to defend, prosecute, or continue any litigation, with regard to the matter or
matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Sedion 3 of these Conditions and
Stipulations have been provided the Company, o proof of Joss 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 deled in, or lien or encumhlance on the title, or other matter
insured against by this policy which constitutes the basis of loss or damage and shall state, to
the extent possible, the basis of cafculating 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 liobilgy or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such proof of loss or damage
In addition, the insured claimant may reasonably be required to submit to examination
under oath by any authorized repmsentatrye of the Company and shall produce for
examination, inspedion and copying, at such reasonable times and places as may be
designated by any authorized representative of lhe Company, all records, books, ledgers,
checks, correspondence and memoranda, whether heariqg, date before or after Date of
Policy, which reasonably pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the insured ,iaimant shall grant its permission, in
writing, for any authorized representative of the Cam?any to examine, insped and copy ail
records, books, ledgers, checks, correspondence and memmanda ia lhe cuslody al control of a
third pady, 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
not be disclosed to othecs unless, in the reasonable judgment of the Company, it is necessary
in the administration of the claim. Failure of the insured claimant to submit for examination
unde~ oath, produce other reasonably requested information or grant permission to secure
reasonably necessary information from third patties as required in this paragraph shall
terminate any tiabilJly of the Company under lhis policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SEITLE CLAIMS; TERMINATION OF UABILI~.
In case of a claim under this policy, the Company shall have the following additional
options:
a) To Pay er Tender Payment of the Amount of Insurance.
To pay or tender payment o the amount of insurance under this policy together with any
costs, aHomeys' fees and expenses incurred by the insured claimant, which were aulhorized
by the Company, up to the time of payment or tender of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of this option, all liabiJgy and obligations to the
insured under this policy, other than to make the payment required, shall terminate,
including any liahilgy or obligation to defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancellation.
Cb) To Pay or Otherwise S~Je With PeJlies Other than the Insured er With the
Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs, attorneys' fees
and expenses incurred by the insured claimant which were authorized by the Company op to
the time of payment and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insmed claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to the time of payment
and which the Company is o ad to pay.
(continued and concluded on last page of this policy)
bUff UI
mtinued and concluded from reverse side of Policy Face)
Upon the exercise by the Company of either of the options provided for in ~)aregraphs
(b)(i) or (ii), the Company's obligations to the insured under this policy [or the claimed loss or
damage, other than the payments required to be made, shall terminate, including any
liability or ohfigation to defend, prosecute or continue (]ny litigalion.
7. DETERMINATION, EXTENT OF UABILI'J'( AND COINSURANCE.
This policy is a contrad of indemnity against adual monetary Jess or damage sustained
er incurred by the insured claimant who has suffered Joss al damage by reason of matters
insured against by this policy nod only to the extant herein described.
Ca) The liability of the Company under lhis policy shall not exceed the least of:
(i) the Amount of lesurance stated in Schedule A; aL
(ii) the difference between the value of the insured estate or interest as insured
nod the value of the insured estate or interest sohjed Io the defect, lien or encumbrance
insured against by this policy.
Ch) In the event the Amouat of Insurance stated in Schedule A at the Date of Policy is
less than 80 percent of the voice of the insured estate al interest or the full consideration paid
for the estate or interest, whichever is less, or if subsequent to the Date of Policy an
improvement is eroded 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 partial loss, the
Company shall only pay the loss pro rata in the propodion that the amount of insurance at
Dale of Policy hears to the total value of the insured estate or interest at Date of Policy; or
(ii) where o subsequent improvement has been made, as to any partial loss, the
Company shall only Day the loss nco rata in the proportion that 120 percent of the Amount of
Insurance stated in Schedule A hears Io the sum of the Amount of insurance stated in
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shell eot apply to costs, attorneys' fees and expenses for
which the Company is liable under this policy, and shall only apply 1o that go~tion of any loss
which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
Cc) The Company will pay only those cost& attorney's fees and expenses incurred in
accordance with Sedion 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described iff Schedule A consists of two or more parcels which are not used as
a single site, and a loss is established affecting one or mole of the parcels but not all, the loss
shall be computed and settled on a pro rata basis us if the amount of insurance under this
policy was divided pro rata es to the value on Dote of Policy of each sepalate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the Company and the insured at
the time of the issuance of this policy and shown by an expless statemenl al by an
endorsement attached to this policy.
9. LIMITATION OF LIABIUff.
Ca) If the Company establishes the title, or removes the alleged defect, lien al
encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of
unmarketability of title, all as insured, in a reasonably diligent manner by any method,
including litigatiou and the completion of any appeals therefrom, it shall have fully performed
its obligations with resped to that matter and shall not be liable for any loss or damage
caused thereby.
Cb) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liabilily for loss or damage until there has
been a final determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, odveme to the title as insured.
Cc) The Company shall not he liable for loss or damage to any insured for liabilily
voluntarily assumed hy the insured in settling any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABIUIY.
All payments under this policy, except payments made for costs, attorneys' fees and
expenses, shall reduce the amount of the insurance pro fanta.
11. LIABIU'ff NONCUMU!.ATIVE.
It is expressly understood that the amount of insurance under this policy shaft be reduced
by any emounf 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 on insured end which is a charge or lien on lhe
estate or interest described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
Ca) No payment shod be made without producing this policy for endorsement o[ the
payment unless the policy has been lost or destloyed, in which case proof of loss or
destrudion shall be furnished to the satisfaction of the Company.
Ch) When liability an extent of loss or damage has been definitely fixed il
accordance with these Conditions and Stipulations, the loss or damage shall be pnynhl,
within 30 days thereafter.
13. SUBROGATION UPON PAYMENTOR SEITLEMENT.
Co) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right o
subrogation shall vest Jn the Company unaffeded by any act of the insured claimant.
The Company shall he suhrogated to and he entitled to all rights and remedies which th(
insured claimant would have hnd against any poison al property in respect to the claim hal
this policy not been issued. If requested by the Company, the insured claimant shall transfe
to the Company all righls and remedies against any person or ploperty necessary in older h
perfect this righl of seblogation. The insuled claimant shall permit the Company to sue
compromise or settle in the name of Um insured claimant and to ose lhe name of the insure(
claimant in any transection al liggagon involving these rights or remedies
If a payment on account of a claim does not fully cover the loss of the insured claimant
the Company shall be subrognted fo these rights and remedies in the proportion which th~
Company's payment hears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act shal
not void lhis policy, bat tho Company, in lhat event, shall be required to pay only that part o
any losses insured against by this policy which shall exceed the amount, if any, lost to fh~
Company by reason of the impairment hy the insured claimant of the Company's right o
subrogation.
Cb) The Comport,Jo Rights Against Naa-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and shal
include, without limitation, the rights of the insured to indemnities, guaranties, other polide~
of insurance or bonds, notwithstanding any terms or conditions contained in thos~
instluments which provide for suhrogetion lights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may domain
arbitration pursuant to the litle Insurance Athitration Rules of the American Arhitratim
Association. Arbitrable maHem may include, but are not limited to, any controversy or clain
helween the Company and the insured arising nut of or relating to this policy, any service o
the Company in connection with its issuance or the breach of a pobcy provision or othe
obligalion. All arhitlahle mattels` when the Amount of Insurance is $1,000,000 or less shal
be arbitrated at the option of either the Company or the insured. All arhilrable matters whel
the Amount of Insurance is in excess of 51,000,000 shaft he arbitrated only when agreed t(
by both the Company and the insured. Arbitration pursuant to this policy and under the Rule
in effect on the date the demand for arbitration is made or, at the option of the insured, ti'
Rules in effect at Date of Policy shall be binding upon the parties. The award may inciud~
attorneys' fees only if the laws of the state in which the land is located pelmit a court h
award attorneys' fees to a prevailing party. Judgment upon the award rendered by th~
Athittator(s) may he entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Tide Insuranct
Arbitration Rules.
A copy of fha Rules may he obtained from the Company opon request.
15. UABILI?/LIMITED TO THIS POLICY; POLiCY ENTIRE CONTRACT.
Ca) This policy together with all endorsements, if any, attached hereto by the Compan!
is the entire policy and contract between the insured and the Company. In intefpreting on!
provision of this policy, this policy shall he construed as a whole.
Cb) Any claim of loss or damage, whether or not based on negligence, and which alisel
out of the status of lhe title to tho estate or interest covered hereby or by any action assedinl
such claim, shall be restricted to this policy.
Cc) No amendment of or endorsement to this policy can he mode except by a wlitin~
endorsed hereon or atieched hereto signed by either the President, a Vice President, tht
Secretary, on Assistant Secretary, or validating officer or outhorieed signatocy of the Company
16. SEVERABJLff'(.
In the event any provision of the policy is held invalid or unenforceable under applicahh
law, the policy shall he deemed not to include that plovision and all other provisions shal
remain in full force and effect
17. NOTICES, WHERE SENT.
All notices reqoired to he given the Company and any statement in writing required to hi
furnished the Company shell include the number of this poticy and shell he addressed to th~
Company at 300 East 42nd Streeh New York, New York 10017
STEWART TITLE®
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
S T EWAR~_V TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
STEWART TITLE®
POLICY
OF
TITLE
INSURANCE
STEWART TITLE®
300 East 42nd Street
New York, New York 10017
N
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NYS DEPARTMENT OF AGRICULTURE AND MARKETS
We, as Co-Executors of the Estate of Alice Grattan Duffy, are the owners of 7.13
acres of active farmland and/or _--k ¢ acres of non-farmland, situated at Suffolk County
Tax Map No 1000-63-2-6 and, that is proposed to be acquired by the Town of Southold in
Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State
Agriculture and Markets Law, I hereby waive my right to require the Town of Southold to file
with the Commissioner of Agriculture and Markets and the County Agricultural and
Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with
paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law.
Pr~act Sponsor Landowners
-~ OWN OF SOUTHOLD
By:
/Joshua Y. Horton, Supervisor
/ 53095 Route 25
,/ PO. Box 1179
Southold, NY 11971-0959
(631)765-1889
THE ESTATE OF ALICE GRATTAN DUFFY
By: y, Co-Exe<
BY'~XA-Iice M. ' ' Co-Executor -
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the day of ,2004, before me personally appeared JOSHUA Y.
HORTON, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his capacity as Supervisor of the TOWN OF
SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to
said instrument is such corporate seal; and that by his signature on the instrument, the
individual, or the municipal corporation upon behalf of which the individual acted, executed
the instrument and affixed the seal thereto by like order.
Notary Public
STATE OF NEW YORK )
)SS;
COUNTY OF SUFFOLK )
On the ~ day P~--~,~.~,, 2004, before me personally appeared EUGENE O.
DUFFY, personally known to me o~: Crovided 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/~ same in his capacity as owner of the subject premises; and that 'by
his signature on ],t'fe ~strument, the individual, or the persons upon behalf of which ~he
individual acte~ed the~strument.
~0~
STATE OF NEW YORK )
)SS:
COUNTY SUffOlK
On the ?/~ day ~, 2004, before me personally appeared ALICE M.
GRANT, personally known t~ m~ or p~ovided to me on the basis of satisfactoq evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to
me that she executed the same in her capacity as owner of the subject premises; and that
by her signatu~on the instrument, the individual, or the persons upon behalf of which the
individ~executed the instrument.
¢omOSsl
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PLANANNG BOARD M~MBERs
JERI'LYI~ B. WOODHOUSE
Cha/r
HICI-L~RD CAGGIA~O
PLANN~G BOARD OFFICE
TOWN OF SOUTHOLD
P.O. Box 1179
Town HaH, 53095 State P~oute 25
$outhold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
September 14, 2004
Gary F. Olsen, Esq.
P.O. Box 706
32495 Main Road
Cutchogue, New York 11935-0706
Re;
Proposed Set-Off and Lot Line Change for the Estate of Alice Duffy
Located on the east side of Railroad Ave., 365.25 north of Hummel Ave,, in
Southold
SCTM#1000-63-2-5 & 6 Zone: R-40
Dear Mr, Olsen:
The Southold Town Planning Board, at a meeting held on Monday, September 13,
2004, adopted the.following resolutions:
WHEREAS, this proposal is to set off a .93 acre improved lot from a 8.15 acre parce[;
and
WHEREAS, in addition, a lot line change is proposed to transfer .09 acres from SCTM#
1000-63-2-6 to SCTM#1000-63-2-5 and, following the transfer, SCTM#1000-63-2-5 will
equal .502 acres; and
WHEREAS, the Town of Southold is in contract to purchase Development Rights on
7.13 acres of the 8.15 acre parcel; therefore be it
RESOLVED, that due to a delay of the submission of additional plats approved by the
Suffolk County Department of Health, the required time frame to file the resolution with
the Town Clerk has expired and therefore, the Southold Town Planning Board rescinds
the August 9, 2004 resolution; and be it further
RESOLVED, that the applicant has submitted the required additional plats and,
therefore, the Southold Town Planning Board grants final approval on the plat, dated as
last revised January 27, 2004, and authorizes the Chairperson to sign the plats.
Estate of Alice Duffy - Paqe Two - 9/14/04
Enclosed please find a copy of the map that was endorsed by the Chairperson. The
mylar maps, which were also endorsed by the Chairperson, must be picked up at this
office and filed in the Office of the County Clerk. Any plat not so filed or recorded within
sixty (60) days ofthe date of final approval shall become null and void.
In addition, the Planning Board requires that new deeds refle~ng the lot line change be
flied with the O~fice o[ the Suffolk County Clerk and, upon filing, a filed copy must be
subm[ttedto this office.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Chairperson
CC:
Melissa Spiro, Land Preservation Coordinator
Tax Assessors
Building Dept.
KEY MAP 7 "~600'
SOUTHOLD, TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
File View Toolbar Help
63.-2-6.2 473889 Sauth~id Active R,,~l ,uhuul Southold School
Founde[s Landing Vme?ard LLCRollYear: 2007 Cu[~ Y[ Land [ights Land A"¢': g00
Boi~seau Ave Lar, d Size: 7 13 ac[es Total AV: 900
Owne[ To~.d: I Taxable Value Miscellaneou~
Name: Founde[s Landing Vinepard LLC I~o1.11~: 900 Book: 1
Addl Ad*~: Muni: 900 Page: 575
Street S eho,:~l: 980 Mortg
F'O B,:,>: 931 BarS=
E;it,,: Remsenbu[g. NY Zip: 11960 Schla~_r =,ta~ 9D8 A:ctNo'
Sale Total 3 Site 1 of 1 Land O of O
B~oL Page >,=to [ d[~ .~dl~ Pn,_~ Owner Prpcb: Land dghts
12362 575 11/23/04 170.500Founders Landir NbhdCd:O
12359 554 11/18/84 1 G[attan Buttv. A Sewer:
12348 859 09/24/04 1 Duffu. [uqene [ *Water:
IJtilities:
Exemption Total: 8 Term Own Building Total:
Code ,&,mour~t~"-~a Pot
Special Distdct Tc,(al: 4 Value/ Improvement Total: 0
Code Units Pct ~. p. Move Ta',< Type Name D~rnl Din~2 SQFT Yr Built
FD028 Southold FD .OO .00 .00
PK070 Sou~hold Pa[~ .00 .00 .00
473889 SOUTHOLD
NYSRPS ASSESSMENT INQUIRY
SCHOOL SOUTHOLD SCHOOL
PRCLS 130 MUCKLANDS
63.-2-6
1135 BOISSEAU AVE
WNER & MAILING INFO ===I=MISC
FY ALICE GRATTAN IRS-SS
0 YOUNGS AVENUE 1
SOUTHOLD NY 11971 BANK
DATE : 08/11/2004
ROLL SEC TAXABLE
TOTAL RES SITE
TOTAL COM SITE
ACCT NO 08
I======== ====== ASSESSMENT DATA ===========
I **CURRENT** RES PERCENT
ILAND 3,200 **TAXABLE**
ITOTAL 6,100 COUNTY 1,200
**PRIOR** TOWN 1,200
~LAND 3,200 SCHOOL 6,100
ITOTAL 6,100
==DIMENSIONS ===1======= SALES INFORMATION ==================================
ACRES 8.15 IBOOK 11782 SALE DATE 05/20/96 SALE PRICE 97,500
IPAGE 908 PR OWNER GRATTAN JEROME F &
=======TOTAL EXEMPTIONS 2 =============1== TOTAL SPECIAL DISTRICTS 4 =====
PCT PCT TYPE VALUE
CODE AMOUNT INIT TERM
41854 920 99
41101 4,900 01
VLG HC OWN CODE UNITS
IFD028
IPK070
IWW020
ISW011
Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC
75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU
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SUBJECT PHOTOGRAPHS
View of Subject - Facing Westerly
View Southerly Along Boisseau Avenue
Year 2003
~_GIVEN '/0^
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a rx 600' into property, facing east 1000-63-2-6
DUFFY Property - photo taken from concrete monument pp ....... ~.v~_. ~ ....... ~ ....
DUFFY Property - photo taken from concrete monument apprx 600 ft into property, facing southeasterly 63~2~6
DUFF¥ P~operty - photo taken from Youngs Ave, Southold facing easterly 1000-63-2-6
DUFF¥ Pr0pert¥ ~hOto taken from COnCrete monument at southeast corner along Boisseau Ave: Southo!d; faCi~g west
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AUG - 5 2004
FINAL
SURVEY
055 05 17
KEY MAP 1"=600'
N/F SUFFOLK HOSTELS
SURVEY OF
DUFFY SET-OFF
&
LOT LINE CHANCE
SITUATE
SOUTHOLD, TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
OR
8059 ACRES
GUARANTEED TO:
ESTATE OF ALICE DUFF'/
TOWN OF SOUTHOLD
SURVEYED FOR: ESTATE OF ALICE DUFF'(
SURVEYED BY
STANLEY J. ISAKSEN, JR.
P,O, BOX 294
NEW SU, N.Y, 1195
Dc. No 49275
03C1245