HomeMy WebLinkAboutSawicki, Estate of Stanley1000-125-3-4,,5
(f/k/a 1000-125-3-4.1)
Baseline Documentation
Premises:
2700 Route 25
Laurel, New York
10.2620 acres
Development Rights Easement
EDWARD SAWICKI, individually,
and as Executor of the
ESTATE OF STANLEY SAWICKI
to
TOWN OF SOUTHOLD
Easement dated December 9, 2010
Recorded December 28, 2010
Suffolk County Clerk - Liber D00012646, Page 881
SCTM #:
Premises:
1000-125-3-4.5
(f/Ida part of 1000-125-3-4.1)
2700 Route 25
Hamlet:
Laurel
Purchase Price:
Funding:
$610,102.00
(9.106 buildable acres
$67,000/acre)
Community
Preservation Fund
(2% land bank)
CPF Project Plan:
Yes
Total Parcel Acreage:
13.0464 acres
Development Rights:
Bulk Schedule Code Req:
Pond Area:
10.2620 easement acres
1.117 acres (not included
in purchase price)
0.0391 acre (not included
in purchase price)
Reserved Area:
2.5556 acres
Right-of-Way Area:
0.2287 acre
Zoned:
A-C
Existing Improvements:
In December 2010 -
Dirt farm road, woods, irrigation
well, small building, pond
Location:
Size and Shape:
Soil Condition
And Topography:
Easements and Encroachments:
Utilities:
Ingress and Egress:
Flood Zone:
External Obsolescence:
SITE DESCRIPTION
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The subject site is located on the southerly side of Main Road
(S.R. 25) approximately 2,095 feet east of Laurel Lane,
Laurel, Town of Southold, County of Suffolk, State of New
York.
The subject property that is the subject of this appraisal has land
area of 11.299~= acres and is a slightly irregular shaped parcel.
The parcel has approximately 616 feet of frontage along
Main Road (S.R. 25) and the southerly property line has
approximately 534 feet of frontage along the tracks of the
Long Island Raikoad. The site depth of the westerly
property line measures approximately 1,026 feet. The
subject property lies within the A-C (Agricultural
Conservation) zoning district of the Town of Southold.
The site is level and covered with crops. Soil conditions are
assumed to adequately support the existing improvement.
Brunswick Appraisal Corp. has not made any test boring and
makes no conclusions as to the soil and subsoil conditions.
No easements of an adverse nature were indicated and none are
assumed to exist, other than normal utility easements.
Utilities are available at the site. Street maintenance, police and
fire protection area are provided by the Town of Southold. Gas
and electric are provided by the Long Island Power Authority.
Chm~ntly, access to the site is via Main Road (S.IL 25).
The subject property lies in the X flood zone - An area that is
determined to be outside the 1% and 0.2% annual chance
floodplains according to the flood map # 36103C0481G dated
5/4/1998. :
The southerly property line abuts the path of the Long
Island Railroad.
BRUNSWICK APPRAISAL CORP.
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LAND PRESERVATION COMMITTEE MEETING
Minutes of Meeting held
Tuesday, July 29, 2008 at 7:00 p.m.
Members Present:
Members Absent:
Also present:
John Sepenoski, Chairman
Ray Huntington
Chris Baiz
Eric Keil (7:45 p.m.)
Monica Harbes, Michelle Zaloom
Melissa Spiro, Land Preservation Coordinator
Lillian Ball
Commencement:
· The meeting began at 7:15 p.m. with four LPC members present.
EXCERPT FROM ADOPTED 7~29~2008 LPC MEETING MINUTES
Applications and Inquiries:
· SAWICKI (Estate) PROPERTY
SCTM #: 1000-125-3-4.1 Zoned: A-C
Location: 2700 Rt 25, Laurel CPF: Yes
Total Acreage: 13.04 acre (12.95 GIS acres) Subdividable: . Yes
FWet: 1.06 acres
Reviewed new PDR application.
Melissa Spiro reviewed her staff report with LPC members. LPC would like the project designed so
that house lot with house and barns remains attached as. building envelope to preserved farm area.
LPC would like project designed to meet preservation of a least 80% of the property in keeping with
Conservation Subdivision regulations.
MOTION made by Eric Keil, seconded by Lillian Ball, to direct Melissa Spiro to commission an
appraisal for the value of a development rights easement on the Sawicki property subject to
lahdowner presenting preservation component meeting at least 80% preservation.
Motion carried: 5/0
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INTRODUCTION
AERIAL VIEW
OF SUBJECT PROPERTY
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PHOTOGRAPH OF SUBJECT PROPERTY
Facing sOuth from the street
Facing south from the street
BRUNSWICK APPRAISAL CORP.
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PHOTOGRAPH OF SUBJECT PROPERTY
Street scene facing east
Street scene facing west
BRUNSWICK APPRAISAL CORP.
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~TRODUCT1ON
18
TAX MAP
I BRUNSWICK APPRAISAL CORP.
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PHASE I ENVIRONMENTAL
SITE ASSESSMENT
for the property located at:
2700 NYS Route 25
Laurel, New York 11948
Tax Map No. 1000-125-3-4.1 (Portion of Lot 4.1)
prepared for:
Town of Southold
PO Box 1179
Southold, New York 119~1
,~ u 8EP
prepared by: i
Cashi~~c~tes, P.C.
200 Veterans Memoria! Higt~waJf//Haup~bauge~'~lew York 11788- (631) $48~7600
601 Brickell Key Drive, Sui[e ~Fl~da 33151.- (305) 579~20013
841Bmadway, SuiteS00,?ge~York, Ne~Y~k 10003 (917) 546-0741
2009
SEPTEIV[BER 9, 2009
PHASE I ENVIRONMENTAL SITE ASSESSMENT
FOR THE PROPERTY KNOWN AS:
2700 NYS ROUTE 25
LAUREL, NEW YORK 11948
TAX MAP NO. 1000-125-3-4.1 (Portion of Lot 4.1)
EXECUTIVE SUMMARY
Cashin Associates, P.C. (CA) has performed an evaluation oft_he parcel identified on the, County
of Suffolk Tax Map #part of 1000-125.3-4.1 Portion of 4.1, State of New York in accordance
with the American Society for Testing and Materials (ASTM) E 1527-05, Standard Practice for
Enviromental Site Assessments: Phase I Environmental Site Assessment Process. CA was
authorized by the Town of Southold to conduct this evaluation by a letter dated August 14, 2009.
The subject property is a 9-acre development rights easemem of an approximately 13.5-acre
parcel. The property is agricultural and consists of a large crop field and small woodlands. The
4.5-acre un-included portion of the subject property includes, one single-story dwelling, one two
story dwelling, a separate garage, two empty outbuildings (abandoned chicken coops), and a
small empty, abandoned shed. No structures on the subject property were observed or reported
to CA during the inspection. CA accessed the property from Route 25 (Main Road), a paved
roadway which serves as the northern boundary of the property. Adjacent properties consist of:
farmland and a few residential houses to the north, east, south and west. The Long Island
Railroad track runs along the southern boundary of the property.
Cashin Aasooiatee, P.C. · Engineeeing · Planning · ConeCeuction Management
The results of the investigation found no recognized environmental conditions and two
environmental concerns associated with the subject property, as described below:
Wooded Area: In the southwest comer of the un-included portion of the property is a gas
operated pump that is used for the irrigation system for the agricultural field. During the field
inspection there was a 5-gallon plastic fuel container located near the pump with a rain coat
covering it to protect it from the weather. The pump, although raised off the ground, did not
have any protection underneath it to prevent spillage from entering the soil below. There was no
evidence of soil staining. When not in use, the pump and gasoline container should be removed
and stored, to prevent accidental spillage or leakage to the soil and adjacent pond. There was a
small pond located next to the pump which appears to be the source of the water for the irrigation
system.
Historic Agricultural Use: Due to the apparent historic agricultural use of the subject property,
as well as land in the surrounding area, since 1938 (and possibly prior), it is assumed that
pesticides and herbicides were utilized over a significant period of time. Although pesticides
were most likely used for the agricultural operations throughout the history of the farm, Mr.
Sawicki said that the current lessee does not use pesticides on the subject property. The regional
contamination of shallow groundwater from pesticide use has been thoroughly documented for
much of eastern Long Island. Soil contamination has also been documented for lands under long-
term agricultural use. Site specific investigation would be needed to determine if long-term
agricultural use has affected soils and possibly groundwater at the site.
Cashin Associates, P.C. · Engineering · Planning · Construction Management
Photograph #1 - View looking east along
southern end of un-included portion of
subject property, located at 2700 Route
25, Laurel, New York.
Photograph #2 - View of abandoned
chicken coops along edge of un-included
portion of property.
Photograph #3 - View of abandoned boat
hull along the western portion of property,
Photograph #4 - View of subject
property, looking south.
Photograph #5 - View of gas operated
irrigation pump used for watering
agricultural field,
Photograph #6 - View of abandoned
shed in the southwest corner of un-
included portion of subject property.
Photograph #7 - View of subject
property, looking northeast,
Photograph #8 - View of subject
property, looking east,
Photograph #9 - View of subject
property, looking north.
Photograph #10 - View of subject
property, looking west.
Photograph #11 - View of subject
property, looking south.
Photograph #12 - View of subject
property, rooking southwest.
New York State
Oepartrnent o£ Transportation
IV~attituck ~uadran~le
New York- SuFfolk Co.
199!
Oi~ital Edition
Scale I:~4000
Environmental FirstSearch
.5 Mile Radius
ASTM-05: Multiple Databases
2700 ROUTE 25 , LAUREL NY 11948
./
Sol#'ce 200.5 U 5' Ce~,s'l~s 77GER Files
I'argetSite (Latitude:40969501 Longitude:-72 qq8737}
Environmental FirstSearch
1 Mile Radius
ASTM-05: NPL, RCRACOR, STATE
2700 ROUTE 25 , LAUREL NY 11948
Source: 2005 ~S. Census TIGER Files
TargctSite (Latitude:40969501 Longitude:-?2558737) ~-
Environmental FirstSearch
.5 Mile Radius
ASTM-05: Multiple Databases
2700 ROUTE 25 , LAUREL NY 11948
Source: 2005 ~S. Census TIGER Files
TargetSite (Latitude:40.969501 Longitude:-72558737)
Identified Site, Multiple Sites, Receptor
iDELNPL, Brownfield, Solid waste Landfill (SWL), Ha~axdous Waste
land
Railmarls
Environmental FirstSearch
.25 Mile Radius
ASTM-05: Multiple Databases
2700 ROUTE 25 , LAUREL NY 11948
Source: 200.5 ELS. Census TIGER Files
Target Site (Latitude: 40969501 Longitude: -72.558737)
[den0fied Site, Multiple Sites, Receptor
2, DELNPL, Brownfield, Solid Waste Landfill (SWL), Hazardous Waste
Railroads
N
Soil Survey
United States
350 700 1,050 1,400 Department of Agriculture
Feet
0 450
N
900 1,350
1,800
Feet
Freshwater Wetlands Map
New York State
Department of
Environmental Conservation
0 250 500
N
1,000 1,500
2,000
Feet
Tidal Wetlands Map
New York State
Department of
Environmental Conservation
Suffolk County Department of Health Services
Water Table Contours and Location of
Observation Wells In Suffolk County, New York
March 2002
Approximate Scale: 1"=1 mile
CLEARS Study Map
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RESOLUTION 2009-645
ADOPTED
DOC ID: 51713
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-645 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 28, 2009:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesda¥~ August 11~ 2009~ at 7:34 p.m. Southold Town Hall~ 53095 Main Ro~d~
Southold~ New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by the Estate of Stanley Sawicki~ and
Edward Sawicki~ individuall,y~ and as Executor of the Estate of Stanley Sawicki. Said
property is identified as part of SCTM #1000-125.-3-4.1. The address is 2700 NYS Route 25.
The property is located in the A-C zoning district and is on the southerly side of NYS Route 25,
approximately 2100 feet northeasterly from the intersection of NYS Route 25 and Laurel Lane in
Laurel, New York. The proposed acquisition is for a development rights easement on a part of
the property consisting of approximately 9* acres (subject to survey) of the 13.504- acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owners. The purchase price is $67,000 (sixty-seven
thousand dollars) per buildable acre for the 94- acre easement plus acquisition costs. The
easement will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesday~ August 11, 2009~ at 7:34
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
property owned by the Estate of Stanley Sawicki~ and Edward Sawicki~ individually~
and as Executor of the Estate of Stanley Sawicki. Said property is identified as part of
SCTM # 1000-125.-3-4.1. The address is 2700 NYS Route 25. The property is located in
the A-C zoning district and is on the southerly side of NYS Route 25, approximately
2100 feet northeasterly from the intersection of NYS Route 25 and Laurel Lane in Laurel,
New York. The proposed acquisition is for a development rights easement on a part of
the property consisting of approximately 9± acres (subject to survey) of the 13.50± acre
parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owners. The purchase price is $67,000
(sixty-seven thousand dollars) per buildable acre for the 9± acre easement plus
acquisition costs. The easement will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: July 28, 2009
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON August 6, 2009 AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Land Preservation Comptroller Town Clerk's Bulletin Board
$OUTHOLD TOWN BOARD
PUBLIC HEARING
August 11, 2009
7:34 PM
Present:
Supervisor Scott Russell
Justice Louisa Evans
Councilman Thomas Wickham
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Town Attorney Martin Finnegan
Town Clerk Elizabeth Neville
This hearing was opened at 8:00 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesda¥~ August 11~ 2009~ at 7:34 p.m. Southold Town Itall~ 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by the Estate of Stanley Sawicki~
and Edward Sawickk individually~ and as Executor of the Estate of Stanley Sawicki.
Said property is identified as part of SCTM #1000-125.-3-4.1. The address is 2700 NYS
Route 25. The property is located in the A-C zoning district and is on the southerly side
of NY S Route 25, approximately 2100 feet northeasterly from the intersection of NYS
Route 25 and Laurel Lane in Laurel, New York. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 94-
acres (subject to survey) of the 13.504- acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owners. The purchase price is $67,000
(sixty-seven thousand dollars) per buildable acre for the 94- acre easement plus
acquisition costs. The easement will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Sawicki DRE Public Hearing
August 11, 2009
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I have a short environmental assessment form, filled up and I have a notice from Mark
Terry, the LWRP coordinator and I will just read the key sentence here, 'based upon the
information provided on the LWRP consistency assessment form as well as records
available to me, it is my recommendation that the proposed action is consistent with the
policy standards and therefore is consistent with the LWRP.' I have a notice that it has
appeared as a legal in the Suffblk Times newspaper and also it has appeared on the Town
Clerk's bulletin board outside.
SUPERVISOR RUSSELL: Would anybody like to come up and comment on the notice
of purchase?
COUNCILMAN KRUPSKI: (Inaudible) the parcel is south of the Main Road, there is
nothing really preserved next to it, south of it. However, to the north of it, it is all
(inaudible) county and town effort, all around Laurel Lake. So there is sort of a
geographically adjacent to a large area, separated by the Main Road. So it is the first land
preservation effort in that area. And it is active farm land and the Land Preservation
Committee recommended it, so we are including it into the program.
COUNCILMAN ORLANDO: Thank you, Vanna.
SUPERVISOR RUSSELL: Like Vanna White, without the looks. Would anybody like
to comment on this public hearing? No?
COUNCILMAN WICKHAM: Is there someone fi.om the Sawicki family here?
SUPERVISOR RUSSELL: Anybody fi.om the Sawicki family? Are they represented
here tonight? (No response) Okay.
This hearing was closed at 8:04 PM
Elizabeth A. Neville
Southold Town Clerk
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RESOLUTION 2009-706
ADOPTED
DOC ID: 5171
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-706 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 11, 2009:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on a certain parcel of property owned by the Estate of Stanley Sawicki, and Edward
Sawicki, individually, and as the Executor of the Estate of Stanley Sawicki, pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands)
of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-125.-3-
4.1. The address is 2700 NYS Route 25. The property is located in the A-C zoning district and is
on the southerly side of NYS Route 25, approximately 2100 feet northeasterly from the
intersection of NYS Route 25 and Laurel Lane in Laurel, New York. The proposed acquisition is
for a development rights easement on a part of the property consisting of approximately 9~= acres
(subject to survey) of the 13.50=t: acre parcel. The exact area of the acquisition is subject to a
Town-provided survey acceptable to the Land Preservation Committee and the property owners.
The purchase price for the easement is $67,000 (sixty-seven thousand dollars) per buildable acre
plus acquisition costs; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
Resolution 2009-706 Board Meeting of August 11, 2009
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Louisa P. Evans
SECONDER: Thomas H. Wicldaam, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Updated: 8/11/2009 2:29 PM by Lynda Rudder Page 2
617.20
Appendix C
State Environmental Quality Review-
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor)
1. APPLICANT/SPONSOR .~_~ROJECT NAME ~:~4~{¢~;
3. PROJECT LOCATION:
Municipality ~:>.~-~.~"~',.~.~-~, County ~o'~ ~
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
5. PROPOSED ACTION IS:
[~- New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFECTED:
Initially ~ ~--' acres Ultimately ~' ~" acres
8. WlLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~es [] No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
~ Residential [--] Industrial ~] Commercial ,/~Agriculture [~ParkJForest/Open Space [~] Other
Descxibe:
10. DOES ACT ON NVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL. STATE OR LOCAL)?
LJ Yes ~ No If Yes, list agency(s) name and permit/approvals:
11~ DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L~ Yes [] No If Yes, list agency(s} name and permiEapprovals:
12. AS A RESULT OF PROPOSED ACTION WILL EXIST NG PERMIT/APPROVAL REQUIRE MODIFICATION?
t 'No
I CERTIFY THAT THE iNFORMATION PROVIDED ABO~E IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicanl/sponsorname: /~¢'.(,,~- .~t~, ~'~N~.~' ~0~.~,.,~'~ Date: 7/~'~/(~
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE l THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
['~ Yes [~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwdtlen, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife sfledes~ significant habitats, or threatened or endangered species? Explain briefly:
C4. A comraunity's existing plans or goals as offi¢ia,y *dopted. or a change in uso or intensity of use of land or other natural resources? Explain
C§. Growth, subsequent deYelopment, or related activities flkety to be induced by the proposed action? Explain briefly:
C6. Long term, short term. cumulative, or other effects not identified in C1 -C57 Explain bdefly:
C7. Other impacts (including changes in use of either quantity or typo of energy)? Explain briery:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[~ Yes ]~ No If Yes,
explain
bdefiy:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [~No If Yes,
explain
briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
suffident detail to show that ali relevant adverse impacts have been identified and adequately addressed. If question D of Par[ II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] Check this box if have identified one or more polentially large or signfficant adverse impacts which MAY Then the FULL
you
proceed
directly
to
EAF and/or prepare a positive declaration.
~:~ Check Ibis box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL
NOT resufi in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Name of Lead Agency
Date
S~n~ture ~f Preparer ~,~j~re rent frorff responsible officer)
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RESOLUTION 2009-707
ADOPTED
DOC ID: 5175
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-707 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 11, 2009:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by the
Estate of Stanley Sawicki, and Edward Sawicki, individually, and as Executor of the Estate of
Stanley Sawicki on the 11t~ day of August, 2009, pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-125.-3-4.1. The address is 2700
NYS Route 25. The property is located in the A-C zoning district and is on the southerly side of
NYS Route 25, approximately 2100 feet northeasterly from the intersection of NYS Route 25
and Laurel Lane in Laurel, New York; and
WHEREAS, the development rights easement comprises a part of the property consisting of
approximately 94- acres (subject to survey) of the 13.50-~ acre parcel. The exact area of the
development rights easement is subject to a survey acceptable to the Land Preservation
Committee and the property owners; and
WHEREAS, the purchase price for the easement is $67,000 (sixty-seven thousand dollars) per
buildable acre plus acquisition costs. The easement will be acquired using Community
Preservation Funds; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
Resolution 2009-707 Board Meeting of August 11, 2009
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP)
and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on a~ricultural land owned the Estate of Stanley Sawicki~ and
Edward Sawicki~ individually~ and as Executor of the Estate of Stanley Sawicki~ pursuant
to the provisions of Chapter 17 (Community, Preservation Fund) and Chapter 70
(Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is
identified as part of SCTM #1000-125.-3-4.1. The address is 2700 NYS Route 25. The property
is located in the A-C zoning district and is on the southerly side of NYS Route 25, approximately
2100 feet northeasterly from the intersection of NYS Route 25 and Laurel Lane in Laurel, New
York. The development rights easement comprises a part of the property consisting of
approximately 94- acres (subject to survey) of the 13.504- acre parcel. The exact area of the
development rights easement is subject to a survey acceptable to the Land Preservation
Committee and the property owners. The purchase price for the easement is $67,000 (sixty-seven
thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using
Community Preservation Funds. Town funding for this purchase is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code of the Town of Southold. The proposed action has been
reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the
Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this
action is consistent with the LWRP.
Updated: 8/11/2009 2:30 PM by Lynda Rudder Page 2
Resolution 2009-707
Board Meeting of August 11, 2009
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Updated: 8/11/2009 2:30 PM by Lynda Rudder Page 3
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To:
From:
Town of Southold Town Board
Mark Terry, Principal Planner
LWRP Coordinator
Date: August 11, 2009
Re:
Purchase of a development rights easement on property owned by Estate of Stanley
Sawicki, and Edward Sawicki, individually, and as Executor of the Estate of Stanley
Sawicki
Location: Southerly side of NYS Route 25, approximately 2100 feet northeasterly from
the intersection of NYS Route 25 and Laurel Lane in Laurel.
SCTM# 1000-125.-3-4.1. Zoning District A-C
The proposed action is for the purchase of a development rights easement on a part of the
property consisting of approximately 9± acres (subject to survey) of the 13.50± acre parcel
owned by the Estate of Stanley Sawicki, and Edward Sawicki, individually, and as Executor of
the Estate of Stanley Sawicki.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department as well as the records available to me, it is my recommendation that
the proposed action is CONSISTENT with the Policy Standards and therefore is
CONSISTENT with the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
Cc:
Martin Finnegan, Town Attorney
Melissa Spiro, Land Preservation Coordinator
AUG 1 1 2009
DEPT OF LAND
PRESERVATION
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CLOSING STATEMENT
ESTATE OF STANLEY SAWICKI, EDWARD SAWICKI,
AS EXECUTOR AND INDIVIDUALLY
to TOWN OF SOUTHOLD
Total Development Rights Easement- 10.2620 acres
Pond Area - 0.0391 acre (not included in purchase price)
Residential Lot Bulk Schedule Code Requirement- 1.117 acres (not included
in purchase price)
Total Parcel Acreage - 13.0464 acres
Reserved Area - 2.5556 acres
Right-of-Way Area - 0.2287 acre
Premises: 2700 Route 25, Laurel
Part of SCTM #1000-125.-3-4.1
Closing took place on Thursday, December 9, 2010
at 9:30 p.m., Southold Town Hall Annex
Purchase Price of $ 6t0,102.00 (based upon 9.106 buildable acres
$67,0001buildable acre) disbursed as follows:
Payable to Edward Sawicki, As Executor
Check #107981 (12/912010)
$ 4O6,734.66
Payable to Edward Sawicki
Check #107984 (121912010)
$ 203,367.34
Expenses of Closing:
Appraisal
Payable to Elinor Brunswick, MAI
Check #99042 (1211612008)
$ 2,500.00
Survey
Payable to Peconic Surveyors, P.C.
Check #103591 (12/15/2009)
$ 2,850.00
Environmental Report (Phase I ESA)
Payable to Cashin Associates, P.C.
Check #102574 (10/6/2009)
$ 1,100.00
Title Report (09-7404-75583-SUFF)
Payable to Fidelity National Title Insurance Co.
Check #107983 (12/9/2010)
Title insurance policy $ 2,517
Recording easement $ 260
$ 2,777.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #107982 (12/9/2010)
$ 100.00
Those present at Closing:
Scoff A. Russell
Lisa Clare Kombrink, Esq.
Edward Sawicki
Abigail A. Wickham, Esq.
Doreen Sawicki
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller
Attorney for Seller
Seller's daughter
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
TOWN OF SOUTHOLD
VENDOR 019090 EDWARD SAWICKI, AS EXECUTOR 12/09/2010 CHECK 107981
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 TBR707 120910 SAWICKI-10.49 AC DEV RGT 406,734.66
TOTed5 406,734.66
TOWN OF SOUTHOLD
VENDOR 019092 EDWARD SAWICKI 12/09/2010 CHECK 107984
FUND & ACCOLtNT P.O.~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 TBR707 120910 SAWICKI-10.49 AC DEV RGT 203,367.34
TOT~J~ 203,367.34
Il IIIa
BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
44 Elm Street, Suite 8
HUNTINGTON, NEW YORK 11743
(631 ) 421 ~2344
FAX (631 ) 424-9246
E-Mail: Bmnswickappraisalcorp~MSN.com
Sanford S. Brunswick
Elinor Brunswick, MAI
State Certified General Appraisers
Armand Brunswick, MAI
1881~1960
November 14, 2008
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
Development Rights Easement Acquisition
Sawicki Property
Tax Map Number: 1000-125-3-4.001
INVOICE# 1000-09
Real Estate Appraisal
$2,500
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 005409 ELINOR BRUNSWICK, M
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
,. 3/11/2008 3/11/2008 E3 .600
,, 5/06/2008 5/06/2008 H3 .600
,, 9/09/2008 9/09/2008 E3 .600
9/23/2008 9/23/2008 H3 .600
i¥i 12/16/2008 12/16/2008 H3 .600
,. 1/20/2009 1/20/2009 H3 .600
.. 2/24/2009 2/24/2009 H3 .600
,. 2/02/2010 2/02/2010 H3 .600
,. 2/23/2010 2/23/2010 H3 .600
. . 3/23/2010 3/23/2010 H3 .600
,, 8/10/2010 8/10/2010 E3 .600
9/07/2010 9/07/2010 H3 .600
0/05/2010 10/05/2010 H3 .600
1/04/2010 11/04/2010 H3 .600
F2=Shift Up F3=Exit F10=Prev View
CANNOT FORWARD. END OF FILE
D~sburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-12162008-453 Line: 115 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 12/16/2008 SDT 12/16/08 :
: Trx Amount... 2,500.00 :
: Description.. APPRAISAL-SAWICKI PROPTY :
: Vendor Code.. 005409 :
: Vendor Name.. ELINOR BRUNSWICK, MAI :
: Alt Vnd.. :
: CHECK ........ 99042 SCNB :
: Invoice Code. 1000-09 :
: VOUCHER ...... :
: P.O. Code .... 19280 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 12/16/2008 :
: Date Cleared. 1/31/2009 :
: F3=Exit F12=Cancel :
TOWN OF SOUTHOLD
VEN/)OR 005409 ELINOR BRUNSWICK, MAI 12/16/2008 CHECK 99042
FUND & ACCOUNT P.0.~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500.200 19280 1000-09 APPP, AISAL-SAWICKI PROPTY 2,500.00
TOTAL 2,500.00
~,] 0[~000~, 0,'
PECONIC URVEYORS PoC.
P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
(631) 765-5020 ° Fax (631) 765-1797
September 28, 2009
Department of Land Preservation
Town of Southold
P.O. Box 1179
Southold, NY 11971
FOR PROF, ESSION_AL SERVICES RENDERED:
Attn: Melissa A, lsplro
Re:SAWICKI ESTATE to TOWN OF SOUTHOLD
JOB ~09-167
SURVEY SHOWING DEVELOPMENT RIGHTS EASEMENT
(INCLUSIVE OF GUARANTEES)
TOTAL DUE $ 2,850.00
SUFFOLK COUNTY TAXMAP#
1000-125-03-4.1
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 016144 PECONIC SURVEYORS,
Y=Select
JE Date Trx. Date Fund Account
......................... Use
2/13/2007 2/13/2007 H3 .600
2/13/2007
4/24/2007
4/24/2007
4/24/2007
5/08/2007
5/08/2007
8/14/2007
10/09/2007
5/06/2008
6/17/2008
11/18/2008
12/15/2009
2/13/2007 H3 .600
4/24/2007 H3 .600
4/24/2007 H3 .600
4/24/2007 H3 .600
5/08/2007 H3 600
5/08/2007 H3 600
8/14/2007 H2
10/09/2007 H
5/06/2008 H
6/17/2008 H3
11/18/2008 H3
12/15/2009 H3
Acti
600
600
1620.2.4
600
6OO
600
F2=Shift Up F3=Exit F10-?rev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-12152009-810 Line: 345 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 12/15/2009 SDT 12/15/09 :
: Trx Amount... 2,850.00 :
: Description.. BOUNDARY SURVEY-SAWICKI :
: Vendor Code.. 016144 :
: Vendor Name.. PECONIC SURVEYORS, P.C. :
: Alt Vnd.. :
: CHECK ........ 103591 SCNB :
: Invoice Code. 09-167 :
: VOUCHER ...... :
: P.O. Code .... 20130 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 12/15/2009 :
: Date Cleared. 12/31/2009 :
: F3=Exit F12=Cancel :
: :
TOWN OF SO UTttOLD
VENDOR 016144 PECONIC SURVEYORS, P.C. 12/15/2009 CHECK 103591
~73ND & ACCOUNT P.O.~ INVOICE DESCRIPTION AI4OUNT
H3 -8660.2.600.100 20130 09-167 BOUNDARy SURVEY-SAWICKI 2,850.00
TOTAL 2,850.00
Melanie Doroski
Town of Southold
PO Box 1179
Southold NY 11971
( ashin iaces, P.C.
ENGINEERING · PLANNIN~RUCT[ON MANAGEMEN~
September 3, 2009
Project No: 9003.010
Invoice No: 0019954
Phase I Environmental Site Assessment for property located at 2700 NYS Route 25, Laurel, NY (SCTM 1000-
125 .-3-4.1
Professional Services: August 1, 2009 throu,qh September 3, 2009
Fee 1,100.00
Total this invoice $1,100.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 003079 CASHIN ASSOCIATES,
Y=Select
- JE Date , Trx. Date Fund Account
............................. Begi
.. 10/21/2008 10/21/2008 H3 .600
.. 10/21/2008 10/21/2008 H3 .600
X 10/06/2009 10/06/2009 H3 .600
., 5/04/2010 5/04/2010 H .600
.. 11/30/2010 11/30/2010 H .600
F2=Shift Up F3=Exit F10=Prev View
lect Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-10062009-195 Line: 35 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 10/06/2009 SDT 10/05/09 :
: Trx Amount.'.. 1,100.00 :
: Description.. PHASE 1-SAWICKI PROPERTY :
: Vendor Code.. 003079
: Vendor Name.. CASHIN ASSOCIATES,
: Alt Vnd..
: CHECK ........ 102574 SCNB
: Invoice Code. 0019954
: VOUCHER ......
: P.O. Code .... 20129
: Project Code.
: Final Palnnent F Liquid.
: Type of 1099. N BOX.
: Fixed Asset.. Y
: Date Released 10/06/2009
: Date Cleared. 10/31/2009
: F3=Exit F12=Cancel
P.C. :
:
:
:
:
:
:
:
:
:
:
:
:
TOWN OF SOUTHOLD
VENDOR 003079 CASHIN ASSOCIATES, P.C. 10/06/2009 CHECK 102574
FUND & ACCOUNT P.0,~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2,600,100 20129 0019954 PHASE 1-SAWICKI PROPERTY 1,100,00
TOT;~L 1,100.00
FIDELITY NATIONAL TITLE INSURAI~CE COMPAI~IY
24 Commerce Drive, R/verhead, New York 11901
631-727-0600 fax 631-727-0606
FEE INSURANCE COVERAGE~/~/O, J'()~. ~ P~MIUM $ ~ Z ~
MORTGAGE T~ ~o~g~or)
~MMUN~ P~ERVATION ~
) SATISF~ION(~ / ~ ~ ~
( ) MORTGAGE AF~DA~(S)
( ) ASSIG~ENT(S)
T~AL C~GES $
CLOSER CHARGES, IF ANY: PICK-UP FEE:
TOWN OF SOUTHOLD
VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 12/09/2010 CHECK 107983
FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100
H3 .8660.2.600.100
TBR707 09740475583SUA SAWICKI-TITLE INS.POLICY 2,517.00
TBR707 09740475583SUB SAWICKI-RECORD EASEMENT 260.00
TOT~kL ~ 2,777.00
TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 12/09/2010 CHECK 107982
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 TBR707 09740475583SUF SAWICKI-TITLE CLOSE.FEE 100.00
TOTAL 100.00
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 22
Receipt N~mher : 10-0148490
TRANSFER TAX NUMBER: 10-10941
District:
1000
Deed Amount:
Section: Block:
125.00 03.00
EXAMINED AND CHARGED AS
$610,102.00
Recorded:
At:
LIBER:
PAGE:
FOLLOWS
Received the Following Fees For
Page/Filing $110.00
COE $5.00
TP-584 $5.00
Cert. Copies $14.30
Transfer tax $0.00
TRANSFER TAX NUMBER: 10-10941
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Comm. Pres
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
12/28/2010
09:37:49 AM
D00012646
881
Lot:
004.005
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$30.O0 NO
$0.00 NO
$199.30
JAN 2 1 2011
~)EPI'. OF LAND
PRESERVATH)fl
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recordinD.
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps
3 I FEES
Page / Filing Fee
Handling 5. 00
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
15. 00
Other
SubTotal
Sub Total
Grand Total
4 [Dist./ffF6 [ ~2 1000 12500 0300 004005
Real Property
Tax Service
Agency
Verification
Satisfactions/Discharges/Raleases List Proper~ Owners Mailing Address
RECORD & RETURN TO:
117]
6
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. s uffolkcountyny, gov/cle r k
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 ~_~x~er/-~
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page #__ of this instrument.
5 Community Preservation Fund
Consideration Amount $
CPF Tax Due $ ~-X ~n,i to 7'-
Improved
Vacant Land
TD /b
TD
TD
7 I Title Company Information
Co. Name ~Dc~l. iT~ ,4/',~776x~.~,l. ~;~-~:
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached ~,qA/7~ 0,~ ~V~,°/~2&W¢~ ~/g/ffY3~ ~gLv~Tgt~?- made by:
qSPECIFY TYPE OF INSTRUMENT)
~blq, q~ fffrN/t3~'/: / i~3/l'/~5ll~l~I/ ~ ~-~',~/7~,,~ O~' The premises herein is situated in
TO
SUFFOLK COUNTY, NEW YORK.
In the TOWN of
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 9th
day of December, 2010 at Southold, New York. The parties are Edward Sawicki,
individually, and Edward Sawicki, as Executor of the Estate of Stanley Sawicki,
P.O. Box 411, Mattituck, NY 11952 (herein collectively called "Grantor"), and the
TOWN OF SOUTHOLD, a municipal corporation, having its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York 11971 (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, identified as part of
SCTM #1000-125-3-4.1 more fully described in Schedule "A" attached hereto and
made a part hereof and hereinafter referred to as the "Property" and shown on
the survey prepared by John T. Metzger, Peconic Surveyors, P.C., dated
September 24, 2009 and last revised December 7, 2010 (a reduced copy of
which is attached hereto and made a part hereof and hereinafter referred to as
the "Survey"; and
WHEREAS, the~Pfoperty::is located in the A-C Zoning District of the Town
of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York;
and
H/HEREAS, the Property is part of the New York State Agricultural District
#1, and the Grantor wishes to continue using the Property for agricultural
production as defined in this Easement; and
WHEREAS, the Property is currently used for row crops; and
WHEREAS, it is the policy of the Town of Southold (the "Town"), as
articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as
adopted by the Town Board, Town of Southold, and §272-a of the New York
State Town Law ("Town Law") to protect environmentally sensitive areas,
preserve prime agricultural soils, to protect the scenic, open space character of
the Town and to proteCt the Town's resort and agricultural economy; and
I/YHEREAS, the Property in its present scenic and agricultural condition has
substantial and significant value as an aesthetic and agricultural resource since it
has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special character
of the region in which the Property is located, and Grantor and Grantee have, in
common, the purpose and objective of protecting and conserving the present
state and inherent, tangible and intangible values of the Property as an
aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial and
has requested Grantor, for itself and its successors and assigns, to grant a
Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of Six Hundred Ten Thousand One
Hundred Two and 00/100 Dollars ($610,102.00) and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby acknowledged,
the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee
a Development Rights Easement, in gross, which shall be binding upon and shall
restrict the premises shown and designated as the Property herein, more
particularly bounded and described on Schedule"A" annexed hereto and made a
part of this instrument.
TO H.4 VE.4ND 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 fee title to the property, and the exclusive right of
occupancy and of use of the Property, subject to the limitations, condition,
covenants, agreements, provisions and use restrictions hereinafter set forth,
which shall constitute and shall be servitudes upon and with respect to the
Property.
The Grantor, for itself, and for and on behalf of its legal representatives,
successors and assigns, hereby covenants and agrees as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the owner
of the Property described in Schedule "A", free of any mortgages or liens.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a municipal
corporation organized and existing under the laws of the State of New York and
is authorized under §64 of Town Law and §247 of the New York State General
Municipal Law("General Municipal Law") to acquire fee title or lesser interests in
land, including development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and retention of
agricultural lands, open spaces and natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and agricultural
values of the Property and have the common purpose of preserving these values
by limiting nonagricultural uses of the Property. This instrument is intended to
convey a Development Rights Easement on the Property by Grantor to Grantee,
exclusively for the purpose of preserving its character in perpetuity for its
environmental, natural, scenic and agricultural 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 Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through conservation
restrictions by the enactment of General Municipal Law §247. Similar recognition
by the federal government includes §170(h) of the Internal Revenue Code
("IRC") and other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the purposes of
this Easement. In order to aid in identifying and documenting the present
condition of the Property's natural, scenic, agricultural, and aesthetic resources
and otherwise to aid in identifying and documenting the Property's agricultural
values as of the date hereof, to assist Grantor and Grantee with monitoring the
uses and activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the
Property's relevant features and conditions (the "Baseline Documentation"). This
Baseline Documentation includes, but need not be limited to, a survey prepared
by .lohn T. Metzger, Peconic Land Surveyors, P.C. dated September 24, 2009 and
last revised November 30, 2010 and a Phase ! Environmental Site Assessment
dated September 9, 2009 by Cashin Associates, P.C.
Grantor and Grantee acknowledge and agree that in the event a
controver.sy arises with respect to the nature and extent of the Grantor's uses of
the Property or its physical condition as of the date hereof, the parties shall not
be foreclosed from utilizing any other relevant or material documents, surveys,
reports, photographs or other evidence to assist in the resolution of the
controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights Easement,
the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein called
the "Easement"). This Easement shall consist of the limitations, agreements,
covenants, use restrictions, rights, terms, and conditions recited herein.
Reference to this "Easement" or its "provisions" shall include any and all of those
limitations, covenants, use restrictions, rights, terms and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest and right
to prohibit or restrict the use of the Property for uses or purposes consistent with
the terms of this Easement, including agricultural production as that term is
referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of
the Town Code of the Town of Southold (the "Town Code" or "Code") and
including the production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture
and Markets Law'd, now or as such Laws and/or Code may be amended. No
future restrictions in said Laws and/or Code or limitation in the definitions set
forth in said Laws and/or Code shall preclude a use that is permitted under the
current law and/or Code.
"Improvement" shall mean any addition to raw land, such as structures,
fences, wells or drainage.
"Riding Academy" shall mean a business use of a lot for any of the
following purposes: the letting of horses for hire to individuals or groups
whether supervised or unsupervised, horseback riding instruction or the holding
of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or under the
ground or upon another structure or building, including walkways. Structures
shall not include trellis, posts and wiring, farm irrigation systems, nursery mats,
fencing used in connection with bona fide agricultural production, or fencing
used to mark the boundaries of the Property, including, without limitation,
fencing to keep out predator animals, including deer. Approvals for those items
listed in the preceding sentence shall be as required by applicable provisions of
the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in the
Property, and shall extend to and be binding upon Grantor, Grantor's agents,
tenants, occupants, heirs, personal representatives, successors and assigns, and
all other individuals and entities and provides Grantee with the right to
administer and enforce the Easement as provided herein. The word "Grantor"
when used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantor and/or Grantee shall also be
deemed granted to each and every one of its subsequent agents, successors,
and assigns, and the word "Grantor" or "Grantee" when used herein shall include
all of those persons or entities.
ARTICLE TWO
SALE
GRANTORS, for Six Hundred Ten Thousand One Hundred Two and 00/100
Dollars ($610,102.00) and such other 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 except as
permitted by the Southold Town Land Preservation Committee ("Land
Preservation Committee") and other applicable provisions of the Town Code and
1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating, re-grading or filling of the Property shall be prohibited,
without the prior written consent of Grantee, including but not limited to from
the Land Preservation Committee, except as may be necessary to construct and
maintain permitted structures and improvements on the Property or in
connection with necessary drainage or soil conservation programs.
Mineral exploitation, and extraction by any method, including but not
limited to soil, gravel, sand and hydrocarbons, by any methods, surface or
subsurface, is prohibited.
The removal of topsoil, sand, or other materials from the Property is
prohibited, nor shall the topography of the Property be changed, except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion contrail and soil management, or in
connection with normal agricultural/horticultural activities.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be further
subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real
Property Law, as they may be amended, or any other applicable State or local
law. "Subdivision" shall include the division of the portion of the Property from
which the development rights are acquired into two or more parcels, in whole or
in part.
Notwithstanding this Section 3.03, upon the death of Grantor, the
underlying fee interest may be divided by conveyance of parts thereof to
Grantor's executor, trustee, heirs or next of kin by will or operation of law.
3.04 Dumping
6
The dumping or accumulation of unsightly or offensive materials including,
but not limited to trash, garbage, sawdust, ashes or chemical waste on the
Property shall be prohibited. This prohibition shall exclude materials used in the
normal course of sound agricultural practices on the Property, including
fertilization, composting and crop removal.
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly diminish
the scenic character of the Property and only for any of the following purposes:
(a) to state the name of the Property and the names and addresses of the
occupants and the character of the business conducted thereon, (b) to
temporarily advertise the Property or any portion thereof for sale or rent, (c) to
post the Property to control unauthorized entry or use, or (d) with the consent of
the Grantor, to announce Grantee's easement. Signs are subject to regulatory
requirements of the Town.
3.06 Utilities.
The creation or placement of overhead utility transmission lines, wires,
pipes, wells or drainage systems ("utilities'~) on the Property to service structures
approved pursuant to Section 4.06 shall be prohibited without the prior written
consent of the Grantee. Underground utilities must, to the extent possible, be
constructed within 30 feet of the centerline of any roads or driveways, and may
be used solely to service the permitted structures on the property. The Property
may be used for the creation or placement of utilities to service other adjacent
properties used in agricultural production, upon approval of the Land
Preservation Committee.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial uses,
permanent or temporary, including but not limited to a riding academy, shall be
prohibited. For the purposes of this section, agricultural production, as that term
is referenced in §247 of the General Municipal Law and/or defined in Chapter 70
of the Town Code, and including the production of crops, livestock and livestock
products as defined in §301(2)(a)-0) of the Agriculture and Markets Law, now or
as such Laws and/or Code may be amended, shall not be considered a
commercial use. No future restrictions in said Laws and/or Code or limitation in
the definitions set forth in said Laws and/or Code shall preclude a use that is
permitted under the current law and/or Code.
Uses, improvements and activities permitted by the Town Code now or in
the future on agricultural lands protected by a development rights easement or
other instrument, including but not limited to farmstands, shall not be considered
a commercial use. No improvements, uses or activities inconsistent with current
or future agricultural production shall be permitted on the Property. Under no
circumstances shall athletic fields, golf courses or ranges, commercial airstrips
and helicopter pads, motorcross biking, or any other improvements or activity
inconsistent with current or future agricultural production be permitted on the
Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited. This
prohibition shall not be construed as extending to agricultural operations and
practices including, without limitation, the use of agrochemicals such as
fertilizers, )esticides, herbicides, and fungicides) that are in accordance with
sound a, ricultural management practices of the Natural Resources Conservation
Service, ).
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management practices
and in order to control flooding or soil erosion on the Property.
3.10 Development Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights that
may be created through a rezoning of the Property) on the Property, except for
the right to construct, maintain and replace any pre-existing structures, and to
construct new structures, as such rights may be provided in Section 4.06 or
elsewhere in this Easement, and the parties agree that any other such
development rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all other
rights of ownership in the Property, some of which are more particularly
described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for any
purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law. Grantor shall have the right to use the
Property for uses, improvements and activities permitted by the Town Code, now
or in the future, on agricultural lands protected by a development rights
easement or other instrument, including but not limited to farmstands and for
educational or training programs related to agricultural production or activities.
Grantor shall also have the right to use the Property for traditional private
recreational uses, provided such recreational uses are conducted for the personal
enjoyment of Grantor, are compatible with farming, and are otherwise consistent
with and do not derogate from or defeat the Purpose of this Easement or other
applicable law. These uses shall not be offered or provided for the commercial
purposes, including the commercial gain of Grantor or others.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property as
evidenced by the documentation set forth in Section 0.05. Grantor shall have the
right to remove or restore trees, shrubs, or other vegetation when dead,
diseased, decayed or damaged or interfering with agricultural production, to thin
and prune trees to maintain or improve the appearance of the Property, and to
mow the Property.
4.05 Agricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in §247 of the General Municipal Law
and/or defined in Chapter 70 of the Town Code and including the production of
crops, livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now or as such Laws and/or Code may be
amended. No future restrictions in said Laws and/or Code or limitation in the
definitions set forth in said Laws and/or Code shall preclude a use that is
permitted under the current law and/or Code.
Grantor may offer "U-Pick" operations and/or the use of a corn maze to
the general public, provided that such activities are conducted in conjunction
with seasonal harvests, do not interfere with agricultural production and are
otherwise consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws.
Notwithstanding the definition of agricultural production in Chapter 70 of
the Town Code or any successor chapter, structures shall be prohibited except as
set forth in §4.06 herein and as permitted by the Town Code now or in the
future on agricultural lands protected by a development rights easement or other
instrument, including but not limited to farmstands.
4.06 Structures and Improvements
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following structures and improvements on the Property, as they
may be permitted by the Town Code and subject to the approval of the Land
Preservation Committee, provided the structures are consistent with and do not
derogate from or defeat the Purpose of this Easement or other applicable laws:
(i)
Underground facilities, including existing irrigation well
shown on the survey, used to supply utilities for the use and
enjoyment of the Property or to service other adjacent
properties used in agricultural production;
New Construction, including drainage improvement
structures, provided such structures are necessary for or
accessory to agricultural production;
Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant to this
Section 4.06, provided the primary purpose of the structure
remains agricultural.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, and to the extent feasible given
considerations of agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and location
of any improvement permitted hereunder shall be consistent with the purposes
intended herein, and construction of any such improvement shall minimize
disturbances to the environment. Grantors shall employ erosion and sediment
control measures to mitigate any storm water runoff, including but not limited to
minimal removal of vegetation, minimal movement of earth and minimal
clearance of access routes for construction vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements or improvements built or permitted pursuant to this Section 4.06
impractical, erection of a structure of comparable size, use, and general design
to the damaged structure shall be permitted in kind and within the same general
location, subject to the review and written approval of Grantee, pursuant to
applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and shall
file all necessary applications and obtain all necessary approvals that may be
required by this Easement or by the Town Code, and shall provide
documentation as may be required for such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property, but only subject to this Easement. Grantor
shall promptly notify Grantee of any conveyance of any interest in the Properb/,
including the full name and mailing address of any transferee, and the individual
principals thereof, under any such conveyance. The instrument of any such
conveyance shall specifically set forth that the interest thereby conveyed is
subject to this Easement, without modification or amendment of the terms of
this Easement, and shall incorporate this Easement by reference, specifically
setting forth the date, office, liber and page of the recording hereof. The failure
of any such instrument to comply with the provisions hereof shall not affect
Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from further
restricting the use, improvements or structures on the Property. Any such
further restrictions shall be consistent with and in furtherance of the general
intent and purpose of this Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and other
governmental or municipal charges, which may become a lien on the Property,
including any taxes or levies imposed to make those payments sub.~ect, however,
to Grantor's right to grieve or contest such assessment. The failure of Grantor to
pay all such taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests acquired herein by
Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability, costs,
attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its
officers, employees, agents or independent contractors, all of which shall be
reasonable in amount, arising from injury due to the physical maintenance or
condition of the Property caused by Grantor's actions or inactions, or from any
taxes, levies or assessments upon it or resulting from this Easement, all of which
shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability, costs,
attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its
officers, employees, agents or independent contractors, all of which shall be
reasonable in amount, resulting: (a) from injury to persons or damages to
property arising from any activity on the Property; and (b) from actions or claims
of any nature by third parties arising out of the entering into or exercise of rights
under this Easement, excepting any of those matters arising from the acts of
Grantee, its officers, employees, agents, or independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in agricultural
production for two (2) consecutive years, then Grantor shall implement a Natural
Resources Conservation Plan (the "Plan") approved by Grantor (which approval
by Grantor shall not be unreasonably withheld) and by Grantee, including the
Land Preservation Committee, to maintain or restore the Property to the
condition in which it existed on the date of this Easement, as evidenced b'y the
documentation referred to in Section 0.05, in order to protect the environmental,
natural, scenic and agricultural values of the Property. In the event Grantor fails
to comply with the provisions of this section after reasonable written notice is
given to Grantor by Grantee, then, in addition to all other remedies set forth
herein, Grantee or its agents are hereby authorized to enter upon the Property to
implement the Plan, and to recover the costs of such implementation from
Grantor, as provided in Section 5.02 and Section 6.03.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and I-nspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere with
Grantor's quiet use and enjoyment of the Property, for the purpose of inspection
to determine whether this Easement and its purposes and provisions are being
upheld. Grantee shall not have the right to enter upon the Property for any
other purposes, except as provided in Section 5.04 and 6.03, or to permit access
upon the Property.
6.02 Restoration
In addition to Grantee's remedies under Section 5.04, Grantee shall have
the right to require the Grantor to restore the Property to the condition required
by this Easement and to enforce this right by any action or proceeding that
Grantee may reasonably deem necessary. However, Grantor shall not be liable
for any changes to the Property resulting from causes beyond the Grantor's
control, including, without limitation, fire, flood, storm, earth movement, wind,
weather or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons or to the
Property or crops, livestock or livestock products resulting from such causes.
6.03 Enforcement Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any
violation of this Easement may be inadequate. Therefore, in addition to, and not
as a limitation of, any other rights of Grantee hereunder at law or in equity, in
the event any breach, default or violation of any term, provision, covenant or
obligation on Grantor's part to be observed or performed pursuant to this
Easement is not cured by Grantor within fifteen (15) days' written notice thereof
by Grantee (which notice requirement is expressly waived by Grantor with
respect to any such breach, default or violation which, in Grantee's reasonable
13
judgment, requires immediate action to preserve and protect any of the
agricultural values or otherwise to further the purposes of this Easement),
Grantee shall have the right at Grantor's sole cost and expense and at Grantee's
election:
(i)
To institute a suit to enjoin or cure such breach, default or violation
by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to cause
the restoration of that portion of the Property affected by such
breach, default or violation to the condition that existed prior
thereto, or
To enforce any term, provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee deems necessary or desirable to
ensure compliance with the terms, conditions, covenants,
obligations and purposes of this Easement; provided, however, that
any failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or violation of
any term, condition, covenant or obligation under this Easement.
The cure period in this Section 6.03 may be extended for a reasonable time by
Grantee if such restoration cannot reasonably be accomplished within fifteen
(15) days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered or certified mail, return receipt requested, with
sufficient prepaid postage affixed and with return receipts requested. Nailed
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 to the attention of the Supervisor and the Town Attorney,
or to such other address as Grantee may designate by notice in accordance with
this Section 6.04. Notice shall be deemed given and received as of the date of
its manual delivery or three business days after the date of its mailing.
6.05 No Waiver
14
Grantee's exercise of one remedy or relief under this ARTICLE S:[X shall
not have the effect of waiving or limiting any other remedy or relief, and the
failure to exercise or the 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 Extinguishment/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed so
much that it becomes impossible to fulfill the Purpose of this Easement described
in Section 0.03, extinguish or modify this Easement in accordance with applicable
law. The mere cessation of farming on the Property shall not be construed to be
grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other governmental
entity, then this Easement shall terminate with respect to the Property, or
portions thereof so taken or condemned, and the Property shall not be subject to
the limitations and restrictions of this Easement. In such event, the Grantor, its
successors or assigns, shall not be required to pay any penalties, but the value of
the Property shall reflect the limitations of this Easement. Any condemnation
award payable to the Grantor shall be in proportion to the value attributable to
the residual agricultural value of the Property. If the condemnation is undertaken
by an entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the value
attributable to the development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
This Easement contains the entire understanding between the parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and superseded
by it.
7.02 Amendment
This Easement may be amended only with the written consent of Grantee
and current Grantors and in accordance with all applicable State and local laws.
Any such amendment shall be consistent with the Town Code and any
regulations promulgated thereunder and with the Purpose of this Easement, and
shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code §170(h). The
parties agree to amend the provisions of this Easement if such amendment shall
be necessary, to entitle Grantors to meet the requirements of §170(h). Any such
amendment shall apply retroactively in the same manner as if such amendment
or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code or any
successor chapter and other applicable laws, upon the adoption of a local law
authorizing the alienation of said rights and interest, following a public hearing
and, thereafter, ratified by a mandatory referendum by the electors of the Town
of $outhold. No subsequent amendment of the provisions of the Town Code
shall alter the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such amendment.
In addition to the limitations set forth above, Grantee shall have the right
to transfer all or part of this Easement to any public agency, or private non-
governmental organization, that at the same time of transfer is a "qualified
organization" under §170(h) of the Internal Revenue Code, provided that
transferee expressly agrees to assume the responsibility imposed on the Grantee
by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency that
agrees to assume the responsibilities imposed by this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court shall not be invalidated.
Instead, that provision shall be reduced or limited to whatever extent that court
determines will make it enforceable and effective. Any other provision of this
Easement that is determined to be invalid or unenforceable by a court shall be
severed from the other provisions, which shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within the State of New York shall govern this Easement in all respects, including
validity, construction, interpretation, breach, violation and performance.
7.06 interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was drafted
by the other party's attorney. No alleged ambiguity in this Easement shall be
construed against the party whose attorney drafted it. if any provision of this
Easement is ambiguous or shall be subject to two or more interpretations, one of
which would render that provision invalid, then that provision shall be given such
interpretation as would render it valid and be consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth of the
restrictions on use of the Property shall not apply in the construction or
interpretation of this Easement, and this Easement shall be interpreted broadly
to effect the purposes of this Easement as intended by the parties. The parties
intend that this Easement, which is by nature and character primarily negative in
that Grantor has restricted and limited its right to use the Property, except as
otherwise recited herein, be construed at all times and by all parties to effectuate
its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted to
grant, to the public, any right to enter upon the Property, or to use images of the
Property. Grantee may use images of the Property only for non-commercial
reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this Easement
shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of the
Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN Wi-FNESS WHEREOF, Grantor has executed and delivered and Grantee has
accepted and received this Grant of Development Rights Easement on the day
and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
ESTATE OF STANLEY SAWICKI, Grantor
By: Edward S'awi~ki, Ex~ecutor
~d-~;~ r~ S~wiE'ki, - Grantor
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
Scott"~. Russell
Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this'~-6b day of ~-~ · in the year 2010 before me, the undersigned,
personally appeared Edward Sawicki personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
Notary Public
PATRIC, IA L FALLON
Notary Pubtic, State .Of N~ew Yorl~
No. 01FA45~'1~ 14o
Qualified In
Commission Expires Al:~l ~, ~//
On this ~ day of ,(~. in the year 2010 before me, the undersigned,
personally appeared Scott A. Russell, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(les), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
PATFUCJA L. FALLOAI
Notary Public, State Of New York
No 01F*A4SSOI4&
Oualified In 8ul~a k Coun{y
Commission Expires Ajoeil
19
FIDELITY NATIONAL TITLE INSURANCE COMPANY
TITLE NO. 09-7404-75583-SUFF
SCHEDULE A-1 (Description)
AMENDED 12/09/10
ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (S.R. 25) distant South 40 degrees 03 minutes 32 seconds
West, 26.19 feet from the northwesterly comer of land now or formerly of Mitchell & Theresa Wilcenski;
RUNNING THENCE South 32 degrees 36 minutes 09 seconds East 928.77 feet to the northerly side of the Long Island
Railroad;
THENCE along the last mentioned land the following six courses and distances:
1) South 33 degrees 32 minutes 10 seconds West, 87.47 feet to a point;
2) North 51 degrees 03 minutes 10 seconds West, 4.02 feet to a point;
3) South 33 degrees 32 minutes 10 seconds West, 8.53 feet to a point;
4) South 33 degrees 37 minutes 00 seconds West, 285.58 feet to a point;
5) South 42 degrees 05 minutes 00 seconds East, 34.05 feet to a point;
6) South 33 degrees 37 minutes 00 seconds West, 240.44 feet to land now or formerly of Gian Marlo Mangieri;
THENCE North 33 degrees 27 minutes 54 seconds West along the last mentioned land 742.32 feet to a monument and
land now or formerly of Melinda Vitale;
THENCE North 33 degrees 03 minutes 10 seconds West along the last mentioned 123.22 feet to a point;
THENCE North 54 degrees 17 minutes 10 seconds East 492.52 feet to a point;
THENCE North 33 degrees 03 minutes 10 seconds West, 290.00 feet to the southerly side of Main Road (S.R. 25);
THENCE North 40 degrees 03 minutes 32 seconds East along the southerly side of Main Road, 91.62 feet to the point or
place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEY.4NCING ONL Y: Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining saidpremises.
SCHEDULE.,t-I (Description)
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OFidelity National Title Insurance Company
Policy Number: 27-031-06-33-
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06)
WITH NEW YORK COVERAGE ENDORSEMENT APPENDED
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions. ·
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora-
tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv-
ered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im-
provements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmentai protection
FORM 27-031P06 33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of
the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a)
as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of
all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, s~tate
insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien crediton
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by it duly authorized officers.
Fidelity National Title Insurance Company
FORM 27-031-06-33 "' · ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules, there
shall be no joinder or consolidation with claims or controversies of other persons.
'trable matters may include, but are not limited to, any controversy or claim between
mpany and the Insured arising out of or relating to this policy, any service in
~tion with its issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable matters when the Amount
of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both
the Company and the Insured. Arbitration pursuant to this policy and under the Rules
shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, aOached to it by the
Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be
(b) Any claim of loss or damage that arises out of the status of the Tire or by
any action asserting such claim shalI be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incoq~ora~d by Sched-
ule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all of its terms and provisions. Except as the eh-
dorsement expressly states, it does not (i) modify any of the terms and pro-
visions of the policy, (ii) modify any prior endorsement, (iii) extond thc
Date of Policy, or (iv) increase thc Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: ~he Insured acknowledges the Company has underwritten
the risks covered by this policy and determined the premium charged therefor
in reliance upon the law affecting interests in real property and applicable
to the interpretation, rights, remedies, or enforcement of policies of title
insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims against the
Title that are adverse to the Insured and to interpret and enforce the terms of
this policy. In neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
against the Company must be filed only in a state or federal eourt¶vithin the
United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at
Fidelity National Title Company
Arm: Claims Depamnent
]ZO. Box 45023
Jacksonville, Florida 32232-5023
FORM 27-031-06-33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended
OFidelity National Title Insurance Company
Policy No.: 27-031-06-33-24274 Title No.: F09-7404-75583SUFF
Amount of Insurance: $610,102.00
1. Name of Insured:
Town of Southold
SCHEDULE A
Date of Policy: December 9, 2010 at 9:00 AM
The estate or interest in the land which is covered by this policy is:
Grant of Development Rights Easement
Title to the estate or interest in the land is vested in:
Town of Southold
Development Rights Easement made by Edward Sawicki, individually and as Executor of the Estate of Stanley
Sawicki dated December 9, 2010, recorded December 28, 2010 in the Suffolk County Clerk's Office in Liber
12646 page 881.
The land referred to in this policy is described as follows:
See Schedule A-1 (Description), following.
Schedule A Owner's Policy Page
Rev (02/04)
OFidelity National Title Insurance Company
Policy No: 27-031-06-33-24274 Title No.: F09-7404-75583SUFF
SCHEDULE A-1
Description
AMENDED 12/09/10
ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (S.R. 25) distant South 40 degrees 03 minutes 32 seconds
West, 26.19 feet from the northwesterly corner of land now or formerly of Mitchell & Theresa Wilcenski;
RUNNING THENCE South 32 degrees 36 minutes 09 seconds East 928.77 feet to the northerly side of the Long Island
Railroad;
THENCE along the last mentioned land the following six courses and distances:
1) South 33 degrees 32 minutes 10 seconds West, 87.47 feet to a point;
2) North 51 degrees 03 minutes t0 seconds West, 4.02 feet to a point;
3) South 33 degrees 32 minutes 10 seconds West, 8.53 feet to a point;
4) South 33 degrees 37 minutes 00 seconds West, 285.58 feet to a point;
5) South 42 degrees 05 minutes 00 seconds East, 34.05 feet to a point;
6) South 33 degrees 37 minutes 00 seconds West, 240.44 feet to land now or formerly of Gian Marlo Mangieri;
THENCE North 33 degrees 27 minutes 54 seconds West along the last mentioned land 742.32 feet to a monument and
land now or formerly of Melinda Vitale;
THENCE North 33 degrees 03 minutes 10 seconds West along the last mentioned 123.22 feet to a point;
THENCE North 54 degrees 17 minutes 10 seconds East 492.52 feet to a point;
THENCE North 33 degrees 03 minutes 10 seconds West, 290.00 feet to the southerly side of Main Road (S.R. 25);
THENCE North 40 degrees 03 minutes 32 seconds East along the southerly side of Main Road, 91.62 feet to the point or
place of BEGINNING.
Schedule A-I (Description) Owner's Policy Page 2
Rev. (02/04)
OFidelity National Title Insurance Company
Policy Number: 27-031-06-33-24274 Title No.: F09-7404-75583SUFF
SCHEDULE B - PART I
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: ·
1. Rights of tenants and persons in possession.
2. Notice of Appropriation in Liber 8238 page 172 and Liber 9003 page 376.
Survey made by Peconic Surveyors, P.C. dated 11/30/10 (redated 12/07/10) shows (as to promises) a building;
farm field and an irrigation well; dirt farm road crosses premises; pond partly within premises; fence and
evergreens at variation with easterly line; also shows a right of way crossing a portion of the easterly part of
premises.
Schedule B Owner's Policy Page 3
Rev (02/04)
OFidelity National Title Insurance Company
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
1. The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may
hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and
created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as Shown in Schedule A.
THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance.
To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this
endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
Fidelity National Title Insurance Company
STANDARD NEW YORK ENDORSEMENT (1 I/1/08)
FOR USE WITH ALTA LOAN POLICY (6-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason
of:
1. (a) Any law, ordinance, permit, or goveinmentai regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters :
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or ·
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording
of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be in-
creased or decreased by endorsement to this policy, increased by Section
8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or
other similar legal entity.
"Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as dis-
tinguisbed from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an lnsured under a deed delivered without payment
of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests
of the grantee are wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of
the named Insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person
or Entity, or
(4) ff the grantee is a trustee or beneficiary of a trust created
by a written instrument established by the Insured named
in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge
or notice that may be imputed to an Insured by reason of the Public Records
or any other records that impart constractive notice of matters affecting the
Title.
(g) "Land": The land described in Schedule A, and affixed improvements that
by law constitute real property. The term "Land" does not include any prop-
erty beyond the lines of the area described in Schedule A, nor any right,
title, interest, estate, or easement in abutting streets, roads, avenues, aileys,
lanes, ways, or waterways, but this does not modify or limit the extent that
a right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru
ment, including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without Knowledge. With respect to
(i)
(k)
FORM 27-031-06-33
Covered Risk 5(d), "Public Records" shall also include environmental pro-
tection liens filed in the records of the clerk of the United States District
Court for the district where the Land is located.
"Title": The estate or interest described in Schedule A.
"Unmarketable Title": Title affected by an alleged or apparent matter that
would permit a prospective purchaser or lessee of the Title or lender on the
Title to be released from the obligation to purchase, lease, or lend if there is
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of
an Insured, but only so long as the Insured retains an estate or interest in the Land, or
holds an obligation secured by a purchase money Mortgage given by a purchaser from
the Insured. or only so long as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This policy shall not continue in force in
favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or
(ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an
Insured hereunder of any claim of title or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,
the Company's liability to the Insured Claimant under the policy shall be reduced to
the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the
Company may, at its option, require as a condition of paymetu that the Insured Claimant
furnish a signed proof of loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter insured against by this policy that constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage.
DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in
Section 7 of these Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an Insured in litigation
in which any third party asserts a claim covered by this policy adverse to
the Insured. This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company shall have the
right to select counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs, or expenses incurred
by the Insured in the defense of those causes of action that allege matters
ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended
not insured against by this policy.
(b) The Company shall have the fight, in addition to the options contained in
Section 7 of these Conditions, at its own cost, to institute and prosecute any
action or proceeding or to do any other act that in its opinion may be neces-
sary or desirable to establish the Title, as insured, or to prevent or reduce
loss or damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable to the
Insured. The exercise of these rights shall not be an admission of liability
or waiver of any provision of this policy. If the Company exercises its
rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asseits a defense as required or
permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves
~he right, in its sole discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding and any appeals, the
Insured shall secure to the Company the fight to so prosecute or provide
defense in the action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested by the Com-
pany, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or
defencfing the action or proceeding, or effecting settlement, and (ii) in any
other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Com-
pany is prejudiced by the failure of the Insured to furnish the required coop-
eration, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or con-
tinue any litigation, with regard to the matter or matters requiring such co-
operation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company
and to produce for examination, inspection, and copying, at such reason-
able times and places as may be designated by the authorized representative
of the Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks,
tapes, and videos whether beating a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested by any au-
thorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or control of
a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Com-
pany pursuant to this Section shah not be disclosed to others unless, in the
reasonable judgmgnt of the Company, it is necessa~ in the administration
of the claim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested information, or grant permis-
sion to secure reasonably necessary information from third parties as re-
quired in this subsection, unless prohibited by law or governmental regula-
tion, shall terminate any liability of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following addi-
tional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred by the In-
sured Claimant that were authorized by the Company up to the time of pay-
ment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obliga-
tions of the Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate, including any li-
ability or obligation to defend, prosecute, or continue any litigation,
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or 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. In addi-
tion, the Company will pay any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the Com-
pany up to the time of payment and that the Company is obligated to
pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss or dam-
age provided for under this policy, together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant that were autho-
FORM 27-031-06-33
rized by the Company up to the time of payment and that the Com-
pany is obligated to pay,
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under
this policy for the claimed loss or damage, other than the payments required
to be made, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual moneta~ loss or damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value
of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is
unsuccessful in establishing the Title, as insured, ·
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also
pay those costs, attorneys' fees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or
encumbrance, or cures the lack of a right of access to or from the Land, or
cures the claim of Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any
appeals, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or dam-
age until there has been a finM determination by a court of competent juris-
diction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liabil-
ity voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees,
and expenses, shall reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays
under any policy insuring a Mortgage to which exception is taken in Schedule B or to
which the Insured has agreed, assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount
so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days,
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy,
it shall be subrogated and entitled to the rights of the Insured Claimant in
the Title and all other rights and remedies in respect to the claim that the
Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid by the Company.
If requested by the Company, the Insured Claimant shall execute documents
to evidence the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise, or settle in
the name of the Insured Claimant and to use the name of the Insured Claimant
in any transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the
Insured Claimant, the Company shall defer the exercise of its right to recover
until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in those instruments that
address subrogation rights.
ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, Florida 32232-5023
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of ~/¢,'1~;; acres of active farmland and/or -- acres of
/
non-farmland, situated at Suffolk County 'fax Map No. plo 1000-125-3-4.1 that is proposed
to be acquired by the Town of Southold in Suffolk County Agricultural District #1. pursuant
to Section 305(4)(d) of the New York State Agriculture and Markets Law. hereby waive my
right to require the Town of Southold to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs
Agriculture and Markets Law.
Project Sponsor
TOWN OF SOUTHOLD
~isor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On the ¢'¢C~ day of ,~'¢.
(b) and (c) of section 305(4) of the
Landowner
Estate of Stanley Sa~vicki
P.O. Box 411
Mattituck. NY 11952
EDWARD SAWICKI
P.O. Box 411
Mattituck. NY 11952
,2010, before me personally appeared SCOTT A.
RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD;
that he knows the seal of said municipal corporation: that the seal affixed to said instrL ment
~s such corporate seal; and that by his s~gnature 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 )
COUNTY OF SUFFOLK')
)SS:
PATRICIA L. FALLON
Notary Public, State Of New York
· No. 01FA4950146
Qu~[ifiec~ in Suffolk County
Commission Expires April 24.
On the ¢-~¢' day of ~..~.~z, 2010, before me personally appeared EDWARD
SAWICKI personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he/she executed the same as owner of the subject premises; and that by her
signature on the instrument, the individual, or the persons upon behalf of which the
individual acted, executed the instrument.
Notary Public
PATRIClA L. FALLON
Notary Public, State Of NewYork
No. 01 FA4950146
Qualified In Suffolk Coun2~4
Commission Expires April 2 ,
STATE OF NEW YORK
il~EPARTME~I' OF AGRICUL'~'O ~.E AND ~
10B Airline I~ive
Albany, New Yo~k 12235
March 9, 2011
Melissa Spiro
Land Preservation Coordinator
Town of Southold
Dept, of Land Preserva§on
PO Box 1179
Southold, NY 11971-0959
RE: Waiver - Town of Southold - Suffolk County - Purchase of Development
Rights
Dear Ms. Spiro:
The Deparlment has reviewed documentation submitted by the Town of Southold to waive
tl~e Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets
Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1.
The documentation includes a waiver signed by Edward Sawicki, individually, and as Executor of
the Estate of Stanley Sawicki for approximately ~10.49 acres of active farmland located at 1000-
125-3-4.'1, Town of Southold.
The above waiver meets the requirements of Section 305(4Xd) and 1 NYCRR Section
371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4)
are deemed waived for acquisition of a conservation easement on the referenced parcels by the
Town of Southold, Should the project encompass other parcels of more than one acre from an
active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still
apply to those parcels.
Sincerely,
ROBERT SOMERS, Ph.D
Manager, Agricultural Protection Unit
CC:
Dave Behm, Farmland Protection Unit
Ken Schmitt, Chair, Suffolk County AFPB
File No.: AP 1t/013-W
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
January 18, 2011
Bob Somers, Ph.D.
Manager, Agricultural Protection Unit
NYS Department of Agriculture and Markets
1 OB Airline Drive
Albany, NY 12235
Re:
SAWICKI to TOWN OF SOUTHOLD
Part of SCTM # 1000-125.-3 -4.1
Dear Mr. Somers:
Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was
executed by Southold Town Supervisor Scott A. Russell and Edward Sawicki, individually and as Executor
of the Estate of Stanley Sawicki, at the time of closing on a development rights easement on active
farmland formerly identified as part of SCTM # 1000-125.-3-4.1. Details regarding this easement are as
follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Edward Sawicki, individually, and as Executor of the
Estate of Stanley Sawicki
Town of Southold
12/28/2010
D00012646
881
2700 Route 25, Laurel
13.0464 acres
p/o 1000-125.00-03.00-004.001
n/k/a 1000-125.00-03.00-004.005
Please provide me with a written acknowledgment of your receipt of the waiver at your earliest
opportunity.
Thank you.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
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New York State Department of Environmental Conservation
Division of Lands & Forests
Bureau of Real Property, 5th Floor
;25 Broadway, Albany, New York 12233-4256
3ne: (518) 402-9442 · Fax: (518) 402-9028
Website: www.dec.nv pov
Joe Madens
Acting Commissioner
January25,2011
Melissa Spiro
Dept. of Land Preservation
P.O. Box 1179
Southold; NY 11971-0959
Dear Ms. Spiro:
We have received and filed in our office the following conservation easement:
CE: Suffolk 540
Grantor: Edward Sawicki, individually and as Executor of the Estate of
Stanley Sawicki
Liber: d00012646 Page:881
The conservation easement cited above has been so identified for our indexing
and filing purposes. This number may be needed for the landowner to claim a
conservation easement tax credit. When contacting this office about these parcels, please
use the assigned identifier.
Your cooperation in this matter is Very much appreciated.
Very truly yours,
CLM:gm
IJAN 28 2011
DEPt. OF La, ND
, ~ESERVATION
. Carmen L. Masters
Bureau of Real Property
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
January 28,2011
Edward Sawicki
P.O. Box 411
Mattituck, NY 11952
NYSDEC Conservation Easements Registry
CE: Suffolk 540
SCTM #1000-125.-3-4.5
Dear Mr. Sawicki:
Please be advised that the Town's purchase of a development rights easement on property
located at 2700 Route 25 in Laurel has been officially registered with the New York State
Department of Environmental Conservation. Enclosed is a copy of the information we
received from NYSDEC with your property's assigned identifier.
If you have any questions regarding the implementation of the Conservation Easement
Tax Credit and your eligibility to claim a tax credit, please contact Carmen L. Masters at
NYSDEC (518-402-9442) and refer to the assigned identifier CE: Suffolk 540.
Very truly yours,
Melanie D o ro~k4/
Sr. Administrative Assistant
enclosure
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
meiissa.spiro @town.southold.ny.us
Telephone (631 ) 765-57 l 1
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
January 18, 2011
NYSDEC
Bureau of Real Property
625 Broadway, 5a~ Floor
Albany, NY 12233-4256
Attention: Carmen Masters
Re: Conservation Easements Registry
SAWICKI to TOWN OF SOUTHOLD
Dear Ms. Masters:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located
within the Town of Southold to be registered with the New York State Department of Environmental
Conservation. Details regarding this easement are as follows:
GRANTOR: Edward Sawicki, individually and as
Executor of the Estate of Stanley Sawicki
Town of Southold
12/28/2010
D00012646
881
2700 Route 25, Laurel
13.0464 acres
p/o 1000-125.00-03.00-004.001
n/k/a 1000-125.00-03.00-004.005
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
assigned to this easement.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
enc.
cc: Edward Sawicki w/enc.
P.O. Box 411, Mattituck, NY 11952
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EDWARD SAWICKI, individually, and
as Executor of the ESTATE OF STANLEY SAWICKI
to
TOWN OF SOUTHOLD
Development Rights Easement
10.2620 acres
Part of SCTM #1000-125.-3-4.1
Location: 2700 Route 25, Laurel, New York
Closing held on Thursday, December 9, 2010
Southold Town Hall Annex
from left to right:
r Scott A, Russell, Edward Sawicki
MELISSA A. SP1RO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold ny.us
Telephone (631 ) 765-5711
Facsimile (631) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, Land Preservation Coordinator
Date: December 10, 2010
Re:
SAWlCK! to TOWN OF SOUTHOLD
plo SCTM #1000-125.-3-4.1
Please be advised that the Town has acquired a development rights easement on the agricultural property listed
below. If you would like additional information regarding the purchase, please feel free to contact me.
LOCATION:
2700 Route 25, Laurel
SCTM #:
part of 1000-125.-3-4.1
PROPERTY OWNERS:
Estate of Stanley Sawicki, Edward Sawicki, As Executor & Individually
PURCHASE DATE:
Thursday, December 9, 2010
PURCHASE PRICE:
$ $10,102.00 (based on 9.106 buildable acres @ $67,000/buildable
acre)
TOTAL PARCEL ACREAGE:
13.0464 acres
EASEMENTACREAGE:
10.2620 acres (includes 0.0391 acre pond area and 1,117 acres
residential lot bulk schedule code requirement - not included in
purchase price)
RESERVED AREAS:
Reserve Area "A" = 2.5556 acres - includes two existing residential
homes and accessory structures
Reserve Area "B" = 0.2287 acre - includes right-of-way providing
existing access to other parcels
ZONING: A-C
FUNDING:
CPF 2% Land Bank
MISCELLANEOUS:
The design of the Easement Area resulted in a Reserve Area of 2.5556
acres including 2 existing residential dwellings. The Town Code Bulk
Schedule requires 80,000 sq. ft. (1.84 acres) per residential dwelling.
Payment for the Easement Area did not include 1.117 acres [3.68 acres
(bulk schedule requirement) minus 2.5556 acres (Reserve Area) =
1.117 acres within Easement not eligible for payment] in order to
comply with the Town Code Bulk Schedule requirement.
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ERICJ. BRESSLER
ABIGAIL A. WICKHAM
LYNNE MGORDON
JANETGEASA
LAW OFFICES
WICKHAM, BRESSLER, GORDON & GEASA, P.C.
13015 MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
NEW YORK 11952
631-298-8353
TELEFAX NO. 631-298-8565
wwblaw~aol.com
November 22, 2010
WILLIAM WICKHAM (06-02)
275 BROAD HOLLOW ROAD
SUITE I 11
MELVILLE, NEW YORK 11747
631-249-9480
TELEFAX NO. 631-24%9484
Town Clerk Elizabeth A. Neville's Office
Town of Southold
Post Office Box 1179
Southold, New York 11971
Re: Sawicki Family Property
Address: 2700 Main Road, Laurel, New York 11948
SCTM# 1000-125-3-4.1
Dear Ms. Neville:
Mr. Sawicki and his family, after careful consideration, have elected to withdraw the ODA
application. He will proceed with the sale of development rights to the Town of Southold in
order to preserve it and retain it as an integral farm, not a potential subdivision.
We very much appreciate the extensive and expedited work of your office, the Town
Attorney's office, and the Planning and Land Preservation Departments in working on this
matter.
,4 A W/dm
30/shdtcl
Laanning Board
nd Preservation Dept.
Very truly yours,
Abigail A. Wickham
l NOV 292010 /
DEP[ OF LAND
PRES[RYATI~N
ERIC J. BRESSLER
ABIGAIL A. WICKHAM
LY'NNE M. GORDON
JANET GEASA
LAW OFFICES
WICKHAM, BRESSLER, GORDON & GEASA, P.C.
13015 MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
NEW YORK 11952
631-298-8353
TELEFAX NO. 631-298-8565
wwblaw@aol.com
November 22, 2010
WILLIAM WICKHAM (06-02)
275 BROAD HOLLOW ROAD
SUITE 11 I
MELVILLE, NEW YORK 11747
631-249-9480
TELEFAX NO. 631-249-9484
Att: Martin H. Sidor, Chairperson
Southold Town Planning Board
Post Office Box 1179
53095 Main Road
$outhold, New York 11971
Re: Proposed Two Lot Conservation Subdivision for Edward Sawicki
Premises: 2700 Route 25, Laurel, New York 11948
SCTM#: 1000-125-3-4.1
Dear Mr. Sidor:
Mr. Sawicki and his family, after careful consideration, have elected to withdraw the
ODA application. He will proceed with the sale of development rights to the Town of
Southold in order to preserve it and retain it as an integral farm, not a potential
subdivision. Accordingly, we have withdrawn the ODA application to the Town Board.
We very much appreciate the extensive and expedited work of the Board and of
Tamara and the other members of your staff. The review of the sketch maps was
invaluable in determining the optimal area to reserve from the sale of development
rights and the process helped Mr. Sawicki and his family in its consideration of the best
manner to proceed for their family and their farm.
A A W/dm
~O/shdpbsidor
cc: Land Preservation Dept
Very truly yours,
I 2 9 2010
NOV
DEPT. OF [AND
PRESERVATION
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JOSEPH L. TOWNSEND
DONALD J. WILCENSKI
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town HoJl Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
November 16, 2010
Abigail Wickham, Esq.
P.O. Box 1424
Mattituck, NY 11952
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Telephone: 631 765-1938
Fax: 631 765-3136
PRESERVATION
Re:
Sketch Approval - Proposed Conservation Subdivision for Edward Sawicki
Located at 2700 Route 25, Laurel
SCTM#1000-125-3-4.1 Zoning District: AC
Dear Ms. Wickham:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, November 15, 2010:
The public hearing was closed.
WHEREAS, this is a 3-10t propoSed 80/60 Conservation Subdivision as the first step of
an Open Development Area (ODA) on a total of 13.0464 acres in the A-C Zoning
District. Proposed Lot 1 will total 21,288 sq. ft. (.4887 acres). Proposed Lot 2 will total
62,401 sq. f. (1.4325 acres) and Proposed LOt 3 will have an Agricultural Reserved
Area which will total 27,635 sq. ft. (.6344 acres) ~nd a Preserved Area with the
Development Rights sold which will total 456,977 sq. ft. (10.4908 acres) where 76,311
sq. ft. are Subdivision Open Space in the A-C Zoning District; and
WHEREAS, an application for Sketch Approval was submitted on August 1, 2010,
including the Sketch Plan prepared by John Metzger, L.S., dated September 24, 2009
and last revised on November 7, 2010; and
WHEREAS, on October 4, 2010, the Southold Town Planning Board, reviewed and
accepted the application for formal review; and
WHEREAS, this proposed Conservation Subdivision has 76,311 square feet of
Clustered Subdivision Open Space located Within Lot 3 which shall remain unbuildable
pursuant to Southold Town Code {}240-42; and
WHEREAS, on October 12, 2010, referrals were sent to the following agencies for
comment on the above-referenced project:
Edward Sawicki Pa,qe Two November 16, 2010
· Town of Southold Engineer .~
· Mattituck Fire District
· Town of Southold LWRP Coordinator
· Suffolk County Planning Commission; and
WHEREAS, on October 29, 2010, the Mattituck Fire District submitted comments on the
above-referenced application; and
WHEREAS, Suffolk County PlanningCommission deemed the application a matter of
local determination; and
WHEREAS, on November 1, 2010, the Southold Town LWRP Coordinator submitted
comments on the above-referenced application; and
WHEREAS, on November 10, 2010, the Southold Town Engineer submitted comments
on the above-referenced application; and
WHEREAS, those comments have been considered and accepted by the Southold
Town Planning Board and have been incorporated into the Sketch Plan for the above-
referenced application; and
WHEREAS, on November 10, 2010, the applicant submitted revised Sketch Plans; and
WHEREAS, the submitted application and revised maps meet all of the requirements for
Sketch Approval; and
WHEREAS, on November 15, 2010, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section
617.7, initiated the SEQRA lead agency process for this Unlisted Action; and
WHEREAS, on November 15, 2010, a public headng for the above-referenced
application was held and closed; and
WHEREAS, it is the intent of the Planning Board that, prior to approval of the Final Plat,
the applicant will be reequlmd to file a covenant or an easement on the Agricultural
Reserved Area shown on the approved Sketch Plan. The easement/covenant must
prevent residential development of the Agricultural Reserved Area in perpetuity. It must
also prevent the Agricultural Reserved Area from being separated from the rest of Farm
Lot 3. The reason for this restriction is that the Agricultural Reserved Area has no
Residential Development Rights associated with it. This Reserved Area is a portion of
the "20% Development Area" that results from an "80/60 Conservation Subdivision"
where 80% of the land is preserved and 20% may be developed", n this case, the 20%
developable land was split three ways, two residential lots, which constituted the yield of
the residential development after the required 60% reduction, and a third area that is to
remain part of the larger Agricultural Lot 3. The Residential Development Rights of the
Edward Sawicki Pa,qe Three November 16, 2010
original property are effectively used up by the two residential lots shown on the Sketch
Plan, and the rest extinguished by the Purchase of Development Rights. The purpose of
the Agricultural Reserved Area is to provide an area of the farm that allows for more
uses than the area encumbered by the easement placed on the remainder of the farm
as a result of the Pumhase of Development Rights. The covenant and easement must
also ensure that the Agricultural Reserved Area will not be subdivided away from the
rest of the Farm (no further subdivision of Lot 3, as shown on the Final Plat); be it
therefore
RESOLVED, that the Southold Town Planning Board acting under the State
Environmental Quality Review Act, performed an uncoordinated review of this Unlisted
Action and as lead agency, makes a determination of non-significance and grants a
Negative Declaration; and be it further
RESOLVED, that the SOuthold Town Planning Board determines this action to be
consistent under the Policies of the Town of Southold Local Waterfront Revitalization
Program; and be it further
RESOLVED, that the Southold Town Plan~ing Board hereby grants Sketch Approval
on the Sketch Plat prepared by JOhn Metzger, L.S., dated September 24, 2009 and last
revised on November 7, 2010.
Sketch Plan Approval is valid for six months from the date of issuance, unless extended
by resolution of the Planning Board.
Enclosed please find a copy of the Negative Declaration for your records,
If you have any questions regarding the above, please contact this office.
Very truly yours,
Martin H. Sidor
Chairman
Encl.
CC:
Suffolk County Planning Commission
Suffolk County Department of Health Services
RESOLUTION 2010-911
ADOPTED
DOC ID: 6372
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-911 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 16, 2010:
WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval
for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the
Town Code; and
WHEREAS, the Town Board has received a petition from Abigail A. Wickham, Esq. on behalf
of Edward Sawicki to establish an open development area pursuant to Chapter 240 of the Town
Code; now, therefore, be it
RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII
(Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby
accepts the petition of Edward Sawicki to establish open development area as complete~
and hereby sets Tuesday~ November 30~ 2010~ at 7:35 p.m, Southold Town Hall~ 53095
Main Road~ Southold~ New York~ as the time and place for a public hearing for the
establishment of an open development area on property, owned by Edward Sawicki~ said
property is identified as part of SCTM # 1000-125-3-4.1, with an address at 2700 Ronte 25 (Main
Road), Laurel. The property is located in the A-C Zoning District and is on the south side of
Main Road, approximately 100 feet easterly from the intersection of Main Road and
Franklinville Road in Laurel, New York. The proposed open development area is located on
2.5556+ acres of the 13.0464_+ acre parcel.
The open development area consists of 3 lots to include 2 residential lots and 1 agricultural
reserved area. The development rights of the remaining 8.74-+_acres are to be acquired by the
Town using Community Preservation Funds and subject to a development rights easement.
FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned
petition to establish an open development area is on file in the Town Clerk's Office, Southold
Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested
person during business hours.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
SOUTHOLD TOWN BOARD
PUBLIC HEAR~G
November 30, 2010
7:35 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area),
of the Town Code, the Town Board of the Town of Southold hereby accepts the petition
of Edward Sawicki to establish open development area as complete~ and hereby sets
Tuesday~ November 30, 2010, at 7:35 p.m, Southold Town Hall~ 53095 Main Road,
Southold~ New York~ as the time and place for a public hearing for the
establishment of an open development area on property owned by Edward Sawicki~
said property is identified as part of SCTM #1000-125-3-4.1, with an address at 2700
Route 25 (Main Road), Laurel. The property is located in the A-C Zoning District and is
on the south side of Main Road, approximately 100 feet easterly from the intersection of
Main Road and Franklinville Road in Laurel, New York. The proposed open
development area is located on 2.5556+ acres of the 13.0464_+ acre parcel.
The open development area consists of 3 lots to include 2 residential lots and 1
agricultural reserved area. The development rights of the remaining 8.74+acres are to be
acquired by the Town using Community Preservation Funds and subject to a
development rights easement.
FURTHER NOTICE is hereby given that a more detailed description of the above-
mentioned petition to establish an open development area is on file in the Town Clerk's
Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be
examined by any interested person during business hours.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240
(Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the
Town Board of the Town of Southold hereby accepts the petition of Edward Sawicki
to establish open development area as complete~ and hereby sets Tuesda¥~
November 30~ 2010~ at 7:35 p.m. Southold Town Hall~ 53095 Main Road~ Southold~
New York~ as the time and place for a public hearing for the establishment of an
open development area on property owned by Edward Sawicki~ said property is
identified as part of SCTM #1000-125-3-4.1, with an address at 2700 Ronte 25 (Main
Road), Laurel. The property is located in the A-C Zoning District and is on the south
side of Main Road, approximately 100 feet easterly from the intersection of Main Road
and Franklinville Road in Laurel, New York. The proposed open development area is
located on 2.5556+ acres of the 13.0464_+_ acre parcel.
The open development area consists of 3 lots to include 2 residential lots and 1
agricultural reserved area. The development rights of the remaining 8.74+acres are to be
acquired by the Town using Community Preservation Funds and subject to a
development rights easement.
FURTHER NOTICE is hereby given that a more detailed description of the above-
mentioned petition to establish an open development area is on file in the Town Clerk's
Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be
examined by any interested person during business hours.
Dated: November 16, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON November 24, 2010 AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Land Preservation
Planning Dept
Town Board Members
Comptroller
Town Attorney
Town Clerk's Bulletin Board
A
E
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I
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L
S
Environmental FirstSearch
Historical Aerial
2008
2700 ROUTE 25, LAUREL NY 11948
Environmental FirstSe~rch
Aerial: Currenl M~p 075 Mi~e Radius
Currenl Aeri~i M~p
2700 ROL~¥E 25 , LAUR~!L NY t 1948
Environmental FirstSearch
Historical Aerial
1961
2700 ROUTE 25, LAUREL NY 11948
Environmenta] FirstSearch
Historical Aerial
1955
2700 ROUTE 25, LAUREL NY 11948
Environmental FirstSearch
Historical Aedal
1938
2700 ROUTE 25 , LAUREL NY 11948
S
U
R
V
E
Y
FINAL
SURVEY
SURVEY OF
SA WlCKI FARM A T LAUREL
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-125-03-4.1
SCALE: 1"--50'
SEPTEMBER 24, 2009
NOV. 22, 2010 Trewsgons)
NOV. $0~ 2010 (revi$ionsJ
Dec. 7~ ~.010 (revsion$)
DEC - 7 2010
DEPT. OF LAND
PRESERVATION
'RESERVED AREA "A"
2.5556 Acres '~
WOODS
492.52'
(S.S.
FARM
PRESERVED AREA
AREA=I~Z6ZO ACRES
TOTAL AREA = I$.0zt64 ocres
AREA OF POND = 1~'05 sq, fl, or 0,0391 ecre
AREA OF FARM PRESERVED PARCEL = 447~DI3 -Scl. fL
or IO.2E2O acres
AREA OF RESERVED PARCELS - 'A' & "B" = 121~£..q? sq. fL
m
,&
~o~.p
CERTIFIED TO:
TOWN OF SOUTHOLD
FILDELITY NATIONAL TITLE INSURANCE COMPANY
£DWARD SAWICKI
ESTATE OF STANLEY SAWICK!
AREA=13.0464 ACRES
· =MONUMENT
~ =EDGE OF WOODS
ANY ALTERA?70N OR ADDH70N TO THIS SURVEY IS A VIOLA?70N
OF SEC~ON 72090F THE NEW YORK STATE EGUCA~ON LA~
EXCEPT AS PER SEC~ON 7209-SUBDIHSION 2. ALL CER~FICA~ONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
·HOSE S/GNA TURE APPEARS HEREON.
(631) 765-5020
P.O. BOX 909
12J0 TRAVELER STREET
sou~Ho~o. N.X .~7~ ~',.'-~,-,-