HomeMy WebLinkAbout6900 Wickham Ave LLC (Girards) 1000-107.-10-10.4 MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@ town.southold.ny.us
Telephone (631) 765~5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To;
From:
Date:
Re:
Elizabeth A. Neville
Town Clerk
Melanie Doroski
Sr. Administrative Assistant
May 20, 2011
6900 WICKHAM AVENUE~ LLC (Girards) to TOWN OF SOUTHOLD
Development Rights Easement - 8.2639 acres
SCTM #: 1000-107-10-10.4
Location: 6900 Wickham Avenue, Mattituck
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Suffolk County Clerk Records Office Recording Page
· Suffolk County Recording & Endorsement Page
· Original Grant of Development Rights Easement dated March 30, 2011, between 6900
Wickham Avenue, LLC and the Town of Southold, recorded in the Suffolk County Clerk's
office on 4/22/2011, in Liber D00012657 at Page 876
· Original title insurance policy #5011436-0007835e issued by First American Title Insurance
Company on March 30,2011, in the insured amount of $520,625.70 (title #641-S-03820)
· Closing Statement
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded easement & survey map
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~rpe of Instrument: MISCELLANEOUS - DEED
Number of Pages: 23
Receipt N-m~er : 11-0046464
TRANSFER TAX NUMBER: 10-19432
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
107.00 10.00
EXAMINED AND CHARGED AS FOLLOWS
$520,625.70
Received the Following Fees For Above Instrument
Exempt
Page/Filing $115.00 NO Handling
COE $5.00 NO NYS SRCHG
EA-CTY $0.00 NO EA-STATE
TP-584 $5.00 NO Notation
Cert. Copies $0.00 NO RPT
Transfer tax $0.00 NO Con~n. Pres
Fees Paid
TRANSFER TAX NUMBER:
10-19432
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
J~DITH A. PASC~?.~
County Clerk, Suffolk County
DEPT. OF LAND'
PRESERVATION
04/22/2011
09:54:54 AM
D00012657
876
Lot:
010.004
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$190.00
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
31
Page / Filing
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Deed / Mortgage Tax Stamp
FEES
Certified Copy
NYS Surcharge
Other
Sub Total { t.~..
5. 00
15. 00 Sub Total ~5
Grand Total [cto-
4 Dist.
Real Property
Tax Service
Agency
Verification
I& '11008671 xooo xovoo xooo oxoooa
6
8
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Mail to: Judith A. Pascale, Suffolk County Clerk
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
TD
TD
71 Title Company Information
310 Center Drive, Riverhead, NY 11901I co. Name~-~c~CfstD i'C .- ~i~, ~>-~7/7¢qC ~--
www. suffolkcountyny, gov/clerk ITitle#, (~t~l- ~ ~0
Suffolk County Recording & Endorsement Page
This page forms part of the attached
(SPECIFY TYPE OF I~qSTRUMENT)
L_LO--~ The premises herein is situated in
SUFFOLK COUNTY, NEW YORK,
TO In the TOWN of . )~[~ ~ ))~1C~
/~t~' F) ~ ,c'~t'-VJ~O I ~ In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FiLING.
(over)
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January l0th and On or b~fore May 31st.
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, N.Y. 11757
(631) 957-3004
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead, N.Y. 11901
{631) 727-3200
Brookhaven Town Receiver of Taxes
One Independence Hill
Farmingville, N.Y. 11738
(631) 451-9009
Shelter Island Town Receiver of Taxes
Shelter Island Town Hall
Shelter Island, N.Y. 11964
(631) 749-3338
East Hampton Town Receiver of Taxes
300 Pantigo Place
East Hampton, N.Y. 11937
(631) 324-2770
Smithtown Town Receiver of Taxes
99 West Main Street
Smithtown, N.Y. 11787
{631) 360-7610
Huntington Town Receiver of Taxes
100 Main Street
Huntington, N.Y. 11743
(631) 351-3217
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton, N.Y. 11968
(631) 283-6514
Islip Town Receiver of Taxes
40 Nassau Avenue
Islip, N.Y. 11751
{631) 224-5580
Southold Town Receiver of Taxes
53095 Main Street
Southold, N.Y. 11971
(631) 765-1803
Sincerely,
· Judith A. Pascale
Suffolk County Clerk
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT EIGHTS EASEMENT, is made on
the ~/~day of ./~.~r/ ,2011 at Southold, New York. The parties
are 6900 WICKHAM AVENUE, LLC, with an address of 6900 Wickham
Avenue, Mattituck, NY 11952, (herein called "Grantor"), and the TOWN
OF SOUTHOLD, a municipal corporation, having its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York 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 #1000-107-10-10.1, 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
dated December 14, 2010 and last revised March 28, 2011 prepared
by Peconic Surveyors, P.C., (a reduced copy of which is attached
hereto and made a part hereof and hereinafter referred to as the
"Survey"); and
WHEREAS, the Property 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
WHEREAS, 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 horticulture; and
WHEREAS, it is the policy of the Town of Southold (the "Town'S,
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 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
WHEREAS, 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 substantial
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 FIVE HUNDRED TWENTY
THOUSAND SIX HUNDRED TWENTY-FIVE THOUSAND AND 70/100
DOLLARS ($520,625.70) and other good and valuable consideration
paid to the Grantor, the receipt of which is hereby acknowledged, the
Grantor does hereby grant, transfer, bargain, sell and convey to the
Grantee a Development Rights Easement, in gross, which shall be
binding upon and shall restrict the premises shown and designated as
the Property herein, more particularly bounded and described on
Schedule "A" annexed hereto and made a part of this instrument.
TO HAVEAND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restriction hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for 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, and possesses the right to grant this Easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York and is authorized under §64 of Town Law and §247
of the New York State General l~lunicipal 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 Puroose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. 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 Recoanition
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
of the Internal Revenue Code 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. ]~n 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'S. This Baseline Documentation includes, but
need not be limited to, a survey dated December :14, 2010 and last
revised March 1:1,201:1 prepared by Peconic Surveyors, P.C., the
Phase ! Environmental Site Assessment prepared 3anuary 21, 20:11
and last revised February 15, 2011 by Nelson, Pope & Voorhis, LLC,
both on file with the Town Land Preservation Department.
Grantor and Grantee acknowledge and agree that in the event a
controversy 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
!n 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 Tvoe
This instrument conveys a Development Rights Easement (herein
called the "Easement'S. 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
4
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 presently 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'~ now, or as
said Chapter 70 may be amended, 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'~, now or as said §301(2)(a)-(j) may be amended,
provided said amended provisions are inherently similar in nature to
those crops, livestock and livestock products included as of the date of
this Easement. 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
roads, farm irrigation systems, nursery mats, or fencing necessary for
agricultural operations or 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, manage and
enforce the Easement as provided herein. The word "Grantor" when
used herein shall include ali 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
GRANTOR, for FIVE HUNDRED TWENTY THOUSAND SIX
HUNDRED TWENTY-FIVE THOUSAND AND 70/100 DOLLARS
($520,625.70) 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:
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee'O and other applicable
provisions of the Town Code and Section 1.02 and Section 4.06 of this
Easement.
3.02 Excavation and Removal of Materials: Minim]
The excavating, regrading, scraping 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.
Mineral exploitation, and extraction of any mineral, including but
not limited to soil, gravel, sand and hydrocarbons, by any method,
R
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 in connection with normal agricultural/horticultural
activities, all of which shall require the prior written consent of
Grantee, including but not limited to from the Land Preservation
Committee.
3.03 Subdivision
Except as provided herein, 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
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 Dumoina
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 Siens
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.
7
3.06 Utilities
The creation or placement of overhead utility transmission lines,
utility poles, 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.
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 presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code, now, or as said Chapter 70 may be amended and including the
production of crops, livestock and livestock products as defined in
§30:1(2)(a)-0) of the Agriculture and Markets Law, now, or as said in
§301(2)(a)-0) may be amended, provided said amended provisions
are inherently similar in nature to those crops, livestock and livestock
products included as of the date of this Easement, shall not be
considered a commercial use.
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 farm
stands, shall not be considered a commercial use. No improvements,
uses or activities inconsistent with current 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
R
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the Natural Resources
Conservation Service ("NRCS").
3.09 Drainaae
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 Develooment Riahts
The use of the acreage of this Property for the purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to construct,
maintain and replace any pre-existing structures, and to construct new
structures, as such rights may be provided in Section 4.06, and the
parties agree that 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 LandscaDinQ 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 Aericultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in §247 of the General
I~lunicipal Law and/or defined in Chapter 70 of the Town Code, now, or
as said Chapter 70 may be amended 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 said §301(2~)(a)-(j) may
be amended, provided said amended provisions are inherently similar
in nature to those crops, livestock and livestock products included as
of the date of this Easement. No future restriction 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.
in
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 Section 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 ImDrovement-~
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following structures and improvements on the
Property, as may be permitted by the Town Code and subject to the
approval of the Land Preservation Committee, provided the
improvements are consistent with and do not derogate from or defeat
the Purpose of this Easement or other applicable laws:
(i) Underground facilities used to supply utilities
solely for the use and enjoyment of the Property;
(ii) Greenhouses and one truck body existing on
the Property, as shown on the Survey; use of the truck
body on the north side of the Property adjacent to the
greenhouse shall be limited to storage of flower pots
and trays or storage of similar products related to
Grantor's agricultural use;
(iii) Construction of new structures, provided
such structures are necessary for or accessory to
agricultural production;
(iv) 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
11
prime agricultural soils, 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 Alienabilitv
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Property, but only subject to this
Easement. Grantor shall promptly notify Grantee of any conveyance
of any interest in the Property, including the full name and mailing
address of any transferee, and the individual principals thereof, under
any such conveyance. The instrument of any such conveyance shall
specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this
Easement, and shall incorporate this Easement by reference,
specifically setting forth the date, office, Iiber 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 subject, 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 Claim5
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
solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Reouirement
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 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 by 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 Insoection
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,
14
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 EnfQrcement P. iehts 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 ten (10) 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 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
(iii)
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.
Grantor shall pay either directly or by reimbursement to
Grantee, all reasonable attorneys' fees, court costs and other expenses
incurred by Grantee (herein called "Legal Expenses'~) in connection
with any proceedings under this Section, as approved by the Court.
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 :10 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. Hailed 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.
Hailed 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
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
Extino uishment/Co nd em nation
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 Understandina
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 Purpose of this Easement and shall comply 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
17
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 Southold. No
subsequent amendment of the provisions of the Town Code shall alter
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment.
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 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. [f 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 Severabilitv
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court shall not
be invalidated. Tnstead, 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 Governino 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.
1R
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 affect 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 shale 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 Headines
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
lq
IN WITNESS 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:
6900 V~I(~(HAM AVE~IUE, LLC
By: Richard T. Girards, Hanaging ~ember
ACKNOWLEDGED AND ACCEPTFD:
TOWN OF SOUTHOLD, Grantee
Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
· ,,~ '~1)
On this i. ~ day of¥~,~'~ ~ in the year ~ 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
STATE OF NEW YORK )
COUNTYOF SUFFOLK ) SS:
VICTORIA CHARCZUK
Notary Public, State of New York
NO 4850488
Qualified in Suffolk County
Commission Expires January 20, 20.L.
On this '~'< day of ~v.~%~, in the year ~".~0~ before me, the undersigned,
personally appeared Richard T. Girards 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) a~ed, executed the instrument.
Notary Public ~
Notanj Public, State of New York
NO 485O488
Qualified in Suffolk County
Commission Expires January 20, 20~ ~_J
?n
II
Peconic Abstract, Inc.
Title No.: 641-S-03820
Amended 3116/11
Schedule A Description - Bevelopment Ri,qhts Easement Area
ALL that certain plot, piece or parcel of land, situate, lying and being at
Mattituck, in the Town of Southold, County of Suffolk and State =.f New York,
being bounded and described as follows:
BEGINNING at a monument on the southeasterly side of Wickl~am Avenue
(Old Middle Road) where same is intersected by the southwester, ly side of
lands now or formerly of the County of Suffolk;
RUNNING THENCE from said monument along said land, Soul:h 35 degrees
38 minutes 30 seconds East, 580.00 feet to a monument and other land now or
formerly of the County of Suffolk;
RUNNING THENCE from said monument along said land, Soul:h $4 degrees
21 minutes 30 seconds West, 697.21 feet to a monument and lan(] now or
formerly of Anthony T. Krupski and wife;
RUNNING THENCE from said monument and along said land, North 34
degrees 46 minutes 10 seconds West, 356.07 feet;
RUNNING THENCE North 55 degrees 17 minutes 26 seconds East, 253.33
feet;
RUNNING THENCE North 34 degrees 59 minutes 40 seconds ~Vest, 297.66
feet to the southeasterly side of Wickham Avenue (Old Middle Rc,ad);
THENCE along the southeasterly side of Wickham Avenue (Old Middle
Road) 441.13 feet to a monument first above mentioned and the point or place
of BEGINNING.
Owner's Policy
Owner's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011436-0007835e
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, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (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:
Title being vested other than as stated in Schedule A.
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 affectjng Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(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 improvements located on adjoining land.
3, Unmarketable Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company
Dennis J. Gilmore
President
Timothy Kemp
Secretary
For Reference:
File #: 641-S-03820
APR 2 7 2011
D£P[ 0F [AND
PRESERVATION
(This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document
Copyright 2006-2~O9 American Land Tire Associaflofl. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members ir~ good standing as of the date of use
All other uses are prohibited Reprmted unde¢ license from the American Land Title Association
I Form 5011436 (9/1/10) Page 1 of 5 I ALTA Owner's Policy ofmitle insurance (6-17-06)
New York
Policy #: 50,'1,1436-~)007835e
COVERED RISKS (Continued)
5. The violation or enfomement 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) environmental protection
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 exemise, 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 dghts of a pumhaser 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 pdor transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state 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 creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or
has been filed or recorded in the Public Records subsequent to Date of Policy and pdor 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.
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 governmental 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 l(a) does not modify
or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(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.
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 wdting 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.
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, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
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.
I Form 5011436 (9/1/10) Page 2 of 5 I ALTA Owner's
Policy
of Title
Insurance
(6-17-06)
New York
Policy #: 50.1 ,'1436-{~007835e
CONDITIONS
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 increased 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.
(d) "Insured": The Insured named in ScheduleA.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished 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 Insured 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 grentee 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) if 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.
(t~ "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
constructive 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 property beyond the lines of the area
described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, 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
instrument, 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 Covered Risk 5(d), "Public
Records" shall also include environmental protection liens tiled
in the records of the clerk of the United States District Court for
the distdct where the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "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 pumhaser
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 payment 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.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon wdtten 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 dght 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 not
insured against by this policy.
(b) The Company shall have the right, 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
Form 5011436 (9/1/10) Page 3 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06)
New York
Policy #: 50'[1436-~)007835e
CONDITIONS (Continued)
other act that in its opinion may be necessary 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 exemise of these
rights shall not be an admission of liability or waiver of any
provision of this policy. Ifthe Company exemises its dghts
under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts 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 the right, in its
sole discretion, to appeal any adverse judgment or order.
6. 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 right 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 Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending 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 Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(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 reasonable
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 bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized 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 Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration
of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, 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 additional 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 Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and
that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection,
shall terminate, including any liability 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 setfie with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay; or
(ii) To pay or otherwise setfie with the Insured Claimant the
loss or damage provided for under this policy, together with
any costs, attomeys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company 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 monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(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 dght 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.
iForm I ALTA Owner's Policy of Title Insurance (6-17-06)
5011436
(9/1/10)
Page
4
of 5
New York
Policy #: 5011436-0~)07835e
9. 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 pen~ormed 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 damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adveme to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of
the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF 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 subregated 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 subregation includes the dghts 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.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
CONDITIONS (Continued)
controversy shall be submitted to arbitration pumuant 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,
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or relating
to this policy, any service in connection with its issuance or the breach
of a policy prevision, 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 ali endorsements, if any, aftached to it by
the Company is the entire policy and contract between the Insured
and the Company. In interpreting any prevision of this policy, this
policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall 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
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part
cf this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not {i) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16. SEVERABILITY
In the event any prevision 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 prevision 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: The 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 appliceble 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 court within 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 First American Title Insurance Company, Attn: Claims
National Intake Center, 1 First American Way; Santa Ana, CA
92707. Phone: 888-632-1642.
I ALTA Owner's Policy of Title Insurance (6-17-06
Form
501
1436
(9/1/10)
Page
5
of
5
New Yorl
SCHEDULE A
TITLE NO. 641-S-03820
POLICY NO. 5011436-0007835e
AMOUNT OF INSURANCE: $ 520,625.70
DATE OF POLICY: 3/30/11
1. NAME OF INSURED: TOWN OF SOUTHOLD- as to Easement
6900 WlCKHAM AVENUE, LLC - as to Fee Simple
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS: AS TO EASEMENT
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
As to Easement. TOWN OF SOUTHOLD by a Deed dated 1213110 and recorded
4/22/11 in the Suffolk County Clerk's Office in Liber 12657 page 874.
As to Fee Simple - 6900 WlCKHAM AVENUE, LLC by a Deed from Carol Jean
Girards, dated 811/07 and recorded 1119/07 in the Suffolk County Clerk's Office
in Liber 12529 page 657.
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
TAX MAP DESIGNATION: 1000-107.00-10.00-010.001
ADDRESS: 6900 Wickham Avenue, Mattituck, NY
Peconic Abstract, Inc.
Title No.: 641-S.03820
Amended 3/21/11
Schedule A Description - Development Rights Easement Area
ALL that certain plot, piece or parcel of land, situate, lying and being at
Mattituck, in the Town of Southold, County of Suffolk and State of New York,
being bounded and described as follows:
BEGINNING at a monument on the southeasterly side of Wickham Avenue
(Old Middle Road) where same is intersected by the southwesterly side of
lands now or formerly of the County of Suffolk;
RUNNING THENCE from said monument along said land, South 35 degrees
38 minutes 30 seconds East, 580.00 feet to a monument and other land now or
formerly of the County of Suffolk;
RUNNING THENCE from said monument along said land, South 54 degrees
21 minutes 30 seconds West, 697.21 feet to a monument and land now or
formerly of Anthony T. Krupski and wife;
RUNNING THENCE from said monument and along said land, North 34
degrees 46 minutes 10 seconds West, 234.65 feet;
RUNNING THENCE North 34 degrees 59 minutes 40 seconds West, 121.42
feet to a point;
RUNNING THENCE North 55 degrees 17 minutes 26 seconds East, 253.33
feet to a point;
RUNNING THENCE North 34 degrees 59 minutes 40 seconds West, 297.66
feet to a point on the southeasterly side of Wickham Avenue (Old Middle
Road);
THENCE along the southeasterly side of Wickham Avenue (Old Middle
Road), North 63 degrees 25 minutes 50 seconds East, 441.13 feet to a
monument first above mentioned and the point or place of BEGINNING.
POLICY NO.: 5011436.0007835e
TITLE NUMBER: 641-S-03820
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
Special Exceptions:
1)
Mortgage held by RICHARD D. OLIVO and CONRAD KUNDLE, dated
3130/11, in the amount of $350,000.00, and recorded 4/22/11 in Liber 22068
page 694.
2)
Reserved Area; Survey by John T. Metzger, dated 3/11/11 shows a frame
house with attached deck; 2 trailers; one story building; mobile home;
concrete building; metal building; 4 greenhouses, two of which extend onto
the Development Rights Easement Area; utility pole and overhead wires;
propane tank; gravel and asphalt drives.
3) Rights of the utility company to maintain the overhead wires and utility
pole.
4) Development Rights Easement Area - Survey by John T. Metzger, dated
3/11/11 shows a dirt and gravel drive which extends onto the Reserved
Area; large greenhouse which extends also onto the Reserved Area.
5) Covenants and Restrictions in Liber 10019 page 572.
6) Commitment of Land of continued Agricultural Production in Liber 10292
page 265, Liber 10826 page 180, Liber 10575 page 582, Liber 11058 page
213, Liber 11269 page 416, Liber 11418 page 447, Liber 11619 page 809 and
Liber 11661 page 349.
7) Collateral Assignment of Leases and Rents recorded 4/22/11 in Liber 12657
page 875.
8) Grant of Development Rights recorded 4122/11 in Liber 12657 page 876.
9) Premises herein are listed as partially exempt from taxation at the present
time, but may be subject to discontinuance of such exemption and possibly
the imposition of an additional tax by roason of transfer or death of title
from the exempt owner.
10) Company excepts possible unpaid water and sewer charges, if any.
First American Title Insurance Company of New York
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
Title No. 641-5-03820
Attached to and made part of First American Title Insurance Company of New
York Policy
1. Covered Risk Number 2(c) is deleted.
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.
3. 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."
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.
'tN wI'rNESS WHEREOF, First American Title Insurance Company of New York has
caused this Endorsement to be signed and sealed on its date of issue set forth herein.
Dated: 3/30/11
Countersigned
First American Title Insurance Company of New
York
Authorized Signatory ]ames M. Orphanides, President
STANDARD NEW YORK ENDORSEMENT (1/1/07)
FOR USE WITH ALTA OWNER'S POLICY (6-06)
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro~town.southold.ny,us
Telephone (63 t ) 765-5711
Facsimile (631) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
To:
From:
Date:
Re:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Rea~ Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Lend Trust, Inc.
The Nature Conservancy
Melissa Spiro, Land Preservation Coordinator
March 31,2011
6900 WICKHAM AVENUE~ LLC to TOWN OF SOUTHOLD
plo SCTM #1000-107.-I0-10.1
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 pumhase, please feel free to contact
me.
LOCATION:
SCTM #:
PROPERTY OWNER:
CONTRACT DATE:
PURCHASE DATE:
PURCHASE PRICE:
TOTALPARCELACREAGE:
EASEMENT ACREAGE:
RESERVED AREA:
ZONING:
FUNDING:
6900 Wickham Avenue, Mattituck
part of 1000-107.-10-10.1
6900 Wickham Avenue, LLC (Richard & Carol Girards)
December 3, 2010
Wednesday, March 30, 2011
$ 520,625.70 (based on 8.2639 buildable acres
$63,000/buildable acre)
10.1004 acres
8.2639 acres
184 acre (80,000 sq. ft.)
A-C
CPF 2% Land Bank
CLOSING STATEMENT
6900 WICKHAM AVENUE, LLC
to TOWN OF SOUTHOLD
Total Development Rights Easement - 8.2639 acres
Total Parcel Acreage - 10.1004 acres
Reserved Area - 1.84 acres (80,000 sq. ft.)
Premises: 6900 Wickham Avenue, Mattituck
Part of SCTM #1000-107.-10-10.1
Closing took place on Wednesday, March 30, 2011
at 3:00 p.m., Southold Town Hall Annex
Purchase Price of $ 520,625.70 (based upon 8.2639 buildable acres
$63,000/buildable acre) disbursed as follows:
Payable to Bridgehampton National Bank
Check #109534 (313012011)
$ 321,734.28
Payable to 6900 Wickham Avenue, LLC
Check #109535 (3130/2011)
$ 198,891.42
Expenses of Closing:
Appraisals
Payable to Given Associates, LLC
Check #87628 (9~5~2006)
Payable to Given Associates, LLC
Check #102977 (111412009)
Survey
Payable to Peconic Surveyor, P.C.
Check #108779 (211/2011)
$ 2,500.00
$ 2,600.00
$ 2,500.00
Environmental Report (Phase I ESA) & revisions
Payable to Nelson, Pope & Voorhis, LLC $
Check #108767 (2/112011)
Payable to Nelson, Pope & Voorhis, LLC $
Check #109468 (3/29/2011 )
1,200.00
500.00
Title Report
Payable to Peconic Abstract, Inc.
Check #109533 (312912011)
Title insurance policy
Recording easement
$ 2213
$ 320
$ 2,533.00
Title Closer Attendance Fee
Payable to Victoria Charczuk
Check #109532 (312912011)
$ 100.00
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
Richard Girards
Marie McAlary
Victoria Charczuk
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller
Bridgehampton National Bank, Vice President
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Assr
Not present at Closing:
Michael J. Hrab, Esq.
Attorney for Seller
TOWN OF SOU~ ItOLD
VENDO 40 BRIDGEItAMPTON NATION.h.L B.I~K 03/29/2011 CHECK 1.09834
FUND & ACCOUIq'T (-- P. O. # INVOICE DESCRIPTION glq0UNT
H3 .8660.2.600.100 10-933 033011 x GIRA.RDS-6900 WICKHJ~ AVE 321,734.28
\ TOTAL 321,734.28
TOWN OF SOUTHOLD
VENDOR 025176 6900 WICKH~%M AVENUE, LLC 03/29/2011 CHECK 109535
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 10-933 033011 GIRARDS-8.26 ACR DEV RTS 198,891~42
TOTAL 198,891.42
.GIVEN
AS SOCIAl E $
GIVEN ASSOCIATES, LLC
P.O. Box 5305 · 548 Route 111 · Hauppauge, NY. 11788-0306
Melissa Spire, Land Preservation Coordinator
Town of Southold, Department of Land Preservation
54375 Main Road
P.O. Box 1179
Southold, NY 11971
Appraisal of Real Property of Carol Jean Gimrds
Located 6900 Wickham Avenue, Mattituck, NY
S.C.T.M. #1000-107-10-10.1 p/o
File F2006182
(631) 360-3474
FAX 360-3622
August 16, 2006
0£p[ 0~ Utl~O
PRE$£RYATIO~
$2,500.00
REAL ESTATE APPRAISERS AND CONSULTANTS
GLt08S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 007416 GIVEN ASSOCIATES LL
Y=Select
JE Date Trx. Date Fund Account
......................... Use Acti
3/28/2006
5/09/2006
7/11/2006
7/25/2006
.. 2/28/2006 2/28/2006 H3
.. 3/28/2006 H3
·. 5/09/2006 H3
. . 7/11/2006
. . ' 7/25/2006
8/08
9/05
lO/17
11/08
11/o8
12/o5,
1/16~2007
1/16/2007
/2006 8/08/2006
12006 9/05/2006
/2006 10/17/2006
/2006 11/08/2006
/2006 11/08/2006
~2006 12/05/2006
1/16/2007
1/16/2007
.600
.600
.600
A .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
1/16/2007 1/16/2007 H3 .600
1/30/2007 1/30/2007 H3 .600
......................... Use Acti
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-09052006-828 Line: 134 Formula: 0 :
Account.. H3 .600 :
Acct Desc ACCOUNTS PAYABLE :
Trx Date .....
Trx Amount...
Description..
Vendor Code..
Vendor Name..
9/05/2006 SDT 9/05/06 :
2,500.00 :
GIRARDS APPRAISAL :
007416 Pay Method: :
GIVEN ASSOCIATES LLC :
Alt Vnd.. :
CHECK ........ 87628 SCNB :
Invoice Code. 2006182 :
VOUCHER ...... :
P.O. Code .... 15932 :
Project Code. :
Final Payment F Liquid. :
Type of 1099. M BOX. 07 Addl. :
Fixed Asset.. Y :
Date Released 9/05/2006 :
Date Cleared. 6/30/2008 :
F3=Exit F12=Cancel :
:
ToWN OF. SOUTHOLD
5,3095 MAIN
-SOUTHOLD, NEW YORK 11971 ~0959
~VENDOR 007416 GIVEN ASSOCIATES LLC
~'~'~ "-- ~'~'~'~"~ P O.~ I~U;OICD
H3 .8660.2.500.200 15932 2006182
GIRARDS APPRAISAL
TOTAL
R7KgR
2,500.00
2,500.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
_GIVEN
AS$OCf~TES
548 Route 111, Suite 200
Hauppeuge, NY 11788
631-360-3474
Fax 631-360-3622
Bill To I
Town of Southold
P.O. Box 1179
Southold NY 11971-0959
Date Invoice #
10/23/2009 782
I
Please make check payable to: GIVEN ASSOCIATES, LLC ~ I File No.
I
I
2009215
Descflp{ion
Appraisal of Real Property of 6900 Wickham Avenue, LLC Located
6900 Wickham Avenue
Mattituck, NY
S.C.T.M. #1000-107-10-10.1 p/o
Due upon Receipt
Amoon!
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 007416 GIVEN ASSOCIATES LL
Y=Select
- JE Date Trx. Date Fund Account
......................... Use Acti
,, 1/02/2008
,, 1/02/2008
,. 3/25/2008
..' 3/25/2008
,~ 4/08/2008
,. 6/03/2008
9/23/2008
11/18/2008
.. 1/20/2009
,. 1/20/2009
6/30/2009
11/04/2009
,. 12/15/2009
,. 4/20/2010
,. 6/01/2010
1/02/2008 H2 .600
1/02/2008 H2 .600
3/25/2008 H3 .600
3/25/2008 H3 .600
4/08/2008 H3 .600
6/03/2008 H2 .600
9/23/2008 H3 600
11/18/2008 H3 600
1/20/2009 H3 600
1/20/2009 H3 600
6/30/2009 H3 600
11/04/2009 H3 600
12/15/2009 H3 600
4/20/2010 H3 600
6/01/2010 H3 600
......................... Use Acti
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Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
W-11042009~439 Line: 108 Formula: 0 :
Account.. H3 .600 :
Acct Desc ACCOUNTS PAYABLE :
Trx Date ..... 11/04/2009 SDT 11/02/09 :
Trx Amount... 2,600.00 :
Description.. APPRAISAL-WICKHAMAVE :
Vendor Code.. 007416 Pay Method: :
Vendor Name.. GIVEN ASSOCIATES LLC :
Alt Vnd.. :
CHECK ........ 102977 SCNB :
Invoice Code. 782 :
VOUCHER ...... :
P.O. Code .... 20134 :
Project Code. :
Final Payment F Liquid. :
Type of 1099. M BOX. 07 Addl. :
Fixed Asset.. Y :
Date Released 11/04/2009 :
Date Cleared. 11/30/2009
F3=Exit F12=Cancel :
:
TOWN OF SOUTHOLD
VENDOR 007416 GIVEN ASSOCIATES LLC 11/04/2009 CHECK 102977
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 ~8660.2.500.200 20134 782 APPP, AISI%L-WICYJ{AM AVE 2,600.00
TOTAL 2,600.00
PECONIC SURVEYORS, P.C.
1230 TRAVELER STREET
P.O. BOX 909
SOUTHOLD, NY 11971
Invoice
Date Inv~ca #
1/19/'2011 1
Bill To
Town of So,athold
Land l~e~m~ion Uepaamem
P.O. Box 1179
Soulhold, NY 11971
Deacfiption
P.O. No.
22181
SURVEY/6900 WICKHAM AVE LLC to TOWN OF SOUTH. OLD
Ne~30
Project
Rate Amount
2,500.00 2,500.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 016144 PECONIC SURVEYORS,
Y=Select
JE Date Trx. Date Fund Account
......................... Use Acti
2/13/2007 2/13/2007 H3 .600
2/13/2007 2/13/2007 H3 .600
4/24/2007 4/24/2007 H3 .600
4/24/2007 4/24/2007 H3 .600
'4/24/2007 4/24/2007 H3 .600
5/08/2007 5/08/2007 H3 .600
5/08/2007 5/08/2007 H3 .600
8/14/2007 8/14/2007 H2 .600
.. 10/09/2007 10/09/2007 a .600
.. 5/06/2008 5/06/2008 a .1620.2.4
6/17/2008 6/17/2008 H3 .600
11/18/2008 11/18/2008 H3 .600
.. 12/15/2009 12/15/2009 H3 .600
~ 2/01/2011 2/01/2011 H3 .600
.. 2/15/2011 2/15/2011 H3 .600
......................... Use Acti
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Disburs Inquir~ by Vendor Name
.............. Detail--GL100N ..............
: W-02012011-908 Line: 197 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 2/01/2011 SDT 2/02/11 :
: Trx Amount... 2,500.00 :
: Description.. SURVEY-GIRARDS PROPERTY :
: Vendor Code.. 016144 Pay Method: :
: Vendor Name.. PECONIC SURVEYORS, P.C. :
: Alt Vnd.. :
: CHECK ........ 108779 SCNB :
: Invoice Code. i :
: VOUCHER ...... ·
: P.O. Code .... 22181 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 2/01/2011 :
: Date Cleared. 2/28/2011 :
: F3=Exit F12=Cancel :
: :
TOI%TV OF $OUI'ItOI~
VENDOR 016144 PECONIC SURVEYORS, P.C. 02/01/2011 CHECK 108779
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 22181 1 SURVEY-GIRARDS PROPERTY 2,500.00
TOTAL 2,500.00
Nelson Pope & Voofhis, LLC
572 Walt WNtmsn Road
Melville, NY 11747
(.31) 4Zr-~5
Me~lssa 8p~ro
Town of So.hold Dept of Land Presew
Town Hall
53095'State Rt 25, PO Box 1179
Southold, NY 11971
Project ¥10X187.001.000
January 18, 2011
Project No: V10X187.001.000
Invoice No: 7g~0
6g00 WIckham Avenue, Mattituck
Task 1300 Ptlase I ESA ' - ...............
Co~ttract dated December 7, 2010:
Item 1: Prepare Ptmse I Environmenta~ Site A,ssessment
Total ~ Task
Total thla Phase
T°tal ~ Invoice
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 014161 NELSON, POPE & VOOR
Y=Select
- JE Date Trx. Date Fund Account
......................... Use
., 10/19/2010 10/19/2010 A .600
,. 11/30/2010 11/30/2010 H3 .600
.. 12/14/2010 12/14/2010 B .600
,, 12/14/2010 12/14/2010 B .600
~ 2/01/2011 2/01/2011 H3 .600
2/15/2011 2/15/2011 B .600
2/15/2011 2/15/2011 B .600
2/15/2011 2/15/2011 B .600
2/15/2011 2/15/2011 B .600
3/01/2011 3/01/2011 B .600
3/01/2011 3/01/2011 B .600
Acti
F2=Shift Up F3=Exit F10=Prev View
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Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-02012011-908 Line: 168 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 2/01/2011 SDT 2/02/11 :
: Trx Amount... 1,200.00 :
: Description.. PHASE I ESA-6900 WICKHAM :
: Vendor Code.. 014161 Pay Method: :
: Vendor Name.. NELSON, POPE & VOORHIS, :
: Alt Vnd.. :
: CHECK ........ 108767 SCNB :
: Invoice Code. 7980 :
: VOUCHER ...... :
: P.O. Code .... 22182 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 2/01/2011 :
: Date Cleared. 2/28/2011 :
: F3=Exit F12=Cancel :
: :
TOI~I OF SOUTtIOLD
V~R 014161 NELSON, POPE & VOOREIS, LLC 02/01/2011 CHECK 108767
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 22182 7980 PHASE 1 ESA-6900 WICKHAM 1,200.00
TOTAL 1,200.00
Nelson Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, NY 11747
(63t) 427-5665
Melissa Spiro
Town of Southold Dept of Land Preserv
Town Hall
53095 State IRt 25, PO Box 1179
Southold, NY 11971
Project V10X187.001.000
March 07, 2011
Project No:
Invoice No:
Project Manager
6900 Wickham Avenue, Mattituck
V10X187.001.000
8109
Steve~ McGInn
. Task 1300 PhaselESA .......................
'Revise Phase I Environmental Site Assessment.
Work Performed thru 2/15/11
Fee
500.00
Total this Task $500.00
Total this Phase $500.00
Total this Invoice $500.00
MAR - 8 2011
BEPT. OF IANO '
PRESERVATION
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 014161 NELSON, POPE & VOOR
Y=Select
- JE Date Trx. Date Fund Account
......................... Use Acti
10/19/2010 10/19/2010 A
11/30/2010 11/30/2010 H3
12/14/2010 12/14/2010 B
12/14/2010 12/14/2010 B
2/01/2011 2/01/2011 a3
2/15/2011 2/15/2011 B
2/15/2011 2/15/2011 B
2/15/2011 2/15/2011 B
2/15/2011 2/15/2011 B
3/01/2011 3/01/2011 B
3/01/2011 3/01/2011 B
3/29/2011 3/29/2011 H3
.600
.600
.600
.600
.600
.600
600
600
600
600
600
600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiz-f by Vendor Name
.............. Detail--GL100N ..............
: W-03292011-473 Line: 192 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 3/29/2011 SDT 3/29/11 :
: Trx Amount... 500.00 :
: Description.. REV ESA1-6900 WICKHAMAV :
: Vendor Code.. 014161 Pay Method: :
: Vendor Name.. NELSON, POPE & VOORHIS, :
: Alt Vnd.. :
: CHECK ........ 109468 SCNB :
: Invoice Code. 8109 :
: VOUCHER ...... :
: P.O. Code .... 22667 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 3/29/2011 :
: Date Cleared. :
: F3=Exit F12=Cancel :
: :
03:34 FAZ
TOI'AL.~ $ $
TOWN OF SOUTHOLD
VENDOR 016139 PECONIC ABSTP~ACT, INC. 03/29/2011 CHECK 109533
FUND & ACCOUNT P.O. ~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100
H3 .8660.2.600.100
10-933 641-S-03820
10-933 641-S-03820
TITLE POLICY-GIP. ARDS 2,213.00
RECORDING EASMNT-GIRARDS 320.00
TOTAL 2,533.00
03/2
TWO THOUSAND FIVE HUNDRED T~IRTY THREE AND 0j0/100 DOLLARS
TOWN OF SOUTHOLD
VENDOR 007659 VICTORIA CHARCZUK 03/29/2011 CHECK 109532
FUND & ACCOUNT P.O,~ INVOICE DESCRIPTION AMOUNT
H3 .8660~2.600.100 10-933 641-S-03820 TITLE CLOSER-GIRARDS 100.00
TOTAL 100.00