HomeMy WebLinkAboutSwain, Bradley T1000-107-5-1.,4
(f/k/a 1000-107-5-p/o 1.1)
Baseline Documentation
Premises:
4390 Mill Lane
Mattituck, New York
12.6836 acres
Development Rights Easement
BRADLEY T. SWAIN
to
TOWN OF SOUTHOLD
Easement dated January 26, 2012
Recorded February 9, 2012
Suffolk County Clerk - Liber D00012684, Page 634
SCTM #:
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Reserved Area:
Zoned:
Existing Improvements:
1000-107-5-1.4
(f/k/a 1000-107-5-p/o 1.1)
4390 Mill Lane
Mattituck
$824,434.00
(12.6836 buildable acres
(-& $65,000/acre)
Community Preservation
Fund (2% land bank)
Yes
15.4385 acres
12.6836 easement acres
2.7548 acres
A-C
In December 2011 -
Farm field, vegetation
Location:
Size and Shape:
Soil Condition
And Topography:
Easements and Encroachments:
Utilities:
Ingress and Egress:
Flood Zone:
SITE DESCRIPTION
The subject site is located on the easterly side of Mill Lane
300 feet north of Wickham Avenue, Mattituck, Town of
Southold, County of Suffolk, State of New York.
The subject property is an irregular shaped parcel having
total of 13.4± acres of land area as depicted on the Concept
Plan prepared by Peconic Land Trust dated June 11, 2010.
(See following page) The site has an average depth
approximately 665 feet and 1,015 feet of frontage along
Mill Lane. The subject property lies within the A-C
(Agricultural Conservation) zoning district of the Town of
Southold.
The site is level and covered with crops. Soil conditions are
assumed to adequately support the existing improvement.
Brunswick Appraisal Corp. has not made any test boring
and makes no conclusions as to the soil and subsoil
conditions.
No easements of an adverse nature were indicated and none
are assumed to exist, other than normal utility easements.
Utilities are available at the site. Street maintenance, police
and fire protection area are provided by the Town of
Southold. Gas and electric are provided by the Long Island
Power Authority.
Currently, access to the site is via Mill Lane.
The subject property lies in the X flood zone - An area that
is determined to be outside the 1% and 0.2% annual chance
flood plains according to the flood map # 36103C0143G
dated 5/4/1998.
BRUNSWICK APPRAISAL CORP.
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PHOTOGRAPH OF SUBJECT PROPERTY
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BRUNSWICK APPRAISAL CORP,
Title:
I Date: 07-22-2010
Scale: 1 inch = 298 feet I File:
Tract 1: 15.439Acre~: 672503 SqFeet:Closux~=n14.0455w0.02 Feet: Preeision~l/161193: Pefiraeter= 3370 Feet
001-~al g.5810w 1015.01 O04=s20.OgOOe759.59
002-~a72.4610e 652.08 005=s76.25020w 317,37
003=s20.5010e 235.74 006=sTl.0150w 359.76
BRUNSWICK APPRAISAL CORP.
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AERIAL VIEW
OF SUBJECT PROPERTY
BRUNSWICK APPRAISAL CORP.
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LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, June 22, 2010 at 7:00 p.m.
Members Present:
Members Absent:
Also present:
John Sepenoski, Chairman
Ray Huntington
Chris Baiz
Lillian Ball
Monica Harbes
Maureen Cullinane
Eric Keil
Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Al Krupski, Town Board Liaison
Stephen Searl, Peconic Land Trust (7:25 p.m.)
Tim Caufield, Peconic Land Trust (7:30 p.m.)
Commencement:
· The meeting began at 7:15 p.m. with four LPC members present.
EXCERPT FROM ADOPTED JUNE 22~ 2010 LAND PRESERVATION COMMITTEE MEETING MINUTES
Land Preservation Applications and Inquiries:
SCTM #1000-107-5-1.1 (Swain)
New PDR application.
Stephen Searl of PLT made presentation to LPC on behalf of applicant. Farmland has been in the
Swain family since 1984, and the son has recently inherited the property from his decease parent.
Concept Plan prepared by PLT of the Swain Property was reviewed. Adjacent property owner, Lou
Carraciolo is interested in purchasing fee title to the property after development rights have been sold
to the Town, provided a flag 80,000 sq. ft. residential building lot is reserved in the southeast corner
of the property.
MOTION made by Chris Baiz, seconded by Ray Huntington, to direct Melissa Spiro, Land
Preservation Coordinator, to commission an appraisal of the Swain property (SCTM #1000-107-5-1.1 )
for the purchase of the developments rights upon this farmland, with a flag 80,000 sq. ft. residential
building lot reserved in the southeast corner of the parcel. LPC requests that the property be
appraised presenting two values based upon allowable lot overage for agricultural structures; 1) Lot
coverage restrictions as per current Town Code; and 2) 10% lot coverage restrictions.
Motion carried: 4/0
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Phase I
Environmental Site Assessment
4390 Mill Lane
Mattituck, New York
NP&V Job# 11112
August 16, 2011
CONFIDENTIAL AND PRIVILEGED
NELISON~ POPE & VOORHIC=~ LLC
Phase I
Environmental Site Assessment
4390 Mill Lane
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope &
Voorhis, LLC in order detemfine if potential environmental or public health concerns are
present. This report is intended to identify Recognized Environmental Conditions (as defined in
ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target
Protocol) on the subject property based on the four (4) basic components of a Full Phase I
Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and
evaluation and reporting.
The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suflblk, New
York. The overall property is a 15.4-acre parcel of agricultural land. This report addresses 12.4
acres of the overall property from which the Town is purchasing the Development Rights. The
subject property is located on the northeast side of Mill Lane, approximately 300 feet northwest
of Wickham Avenue. The property is more particularly described as Suffolk County Tax Map #
1000-107-5-1.1.
The subject property is currently utilized to grow potatoes and has been utilized as farmland
throughout the entire period of available records (since at least 1938). No irrigation well is
present on the subject property, since water is obtained from an adjacent property. No structures
or site improvements were observed on the subject property. No indicators of enviromnental
conditions such as dumping, staining, residue, odors, or stressed vegetation were observed on the
subject property.
No Sanborn map coverage was available for the subject property or nearby area. Aerial
photographs from 1938, 1954, 1957, 1961, 1969, 1976, 1980, 1985, 1994, and 2006 were
reviewed in order to determine if any prior uses occupied the subject property. This review
revealed the subject property was utilized as farmland in all of the aerials.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Several Federal, State and County documented regulated
sites were noted in the vicinity of the subject property. Two (2) closed spill incidents are located
within one half (0.5) mile and one (1) PBS facility is located within close proximity of the
subject property.
In conclusion, this assessment has revealed no evidence of recognized environmental condition
in connection with the subject property, subject to the methodology and limitations of this report.
Facing southwesl fi'om n )t~heast corner of' propel'l}
Irrigation pipe from adjacent land
Facing north from south side ol'proper/?~
FIGURE 1
LOCATION MAP
+
4390 Hill Lane,
Hattituck
Phase I ESA
F]~GURE 2
AER]~AL PHOTOGRAPH
Sou~-c{~: NYS(;IS Orlllo~Iliagel'~' Ih'ogl'am 2010
NORlii
4:390 I~lill Lane,
f4attituck
Phase I ESA
FIGURE 3
LAND USE MAP
NORT[I
Sc~lle:S°urce: NY$OIS]. S00'OrtJl")imagcr5 I>r°grtln 2010 +
4390 Hill Lane~
Hattituck
Phase I ESA
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FIGURE
ZONING MAP
Source: Scmtl~l~old Zoni~lg Map
NORTtl
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4390 Mill Lane,
Mattituck
FIGURE 5
SOIL MAP
Scaie: [" :500'
4390 ~lill Lane,
~lattituck
NORTH
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Wa;Ler~ fle
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FIGURE 6
TOPOGRAPHIC MAP
4390 Mill Lane,
Mattituck
Source: LIS(iS l'opog~aphic Map,
Scale: [" ] ,000'
Phase I ESA
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FIGURE 7
WATER TABLE
CONTOUR MAP
4390 ~liH Lane,
Mattituck
Source: tiS(iS Water Resource [u,.es~igafion Report, 2009 ~o~qn
~.ooo ~ Phase I ESA
Scale: 1" ~ '
I 2
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GRE4T PECONIC BAY
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FIGURE 8
WATER MAIN MAP
4390 Mill Lane,
Mattituck
........ ·, .... Source: SCX3.,&. 2009
5;taler I" 2.00ff ~ Phase I ESA
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Ir,Sr'
FIGURE 9
NYSDEC FRESHWATER
WETLANDS MAP
Source: NYSDEC Frcshg, ater
Matlituck & MalliiLICk Hills OLmd]'an~les
Scale: I' I
4390 t4ill Lane~
Mattituck
NORTII
Phase ! ESA
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FIGURE :LO
NATIONAL WETLANDS
INVENTORY MAP
Source: National ~,¥'ctlallds Inxcnlory Map,
Matlituck 8: Mattituck Hills Quadnmgles
Scale: 1' 1,000'
NORTII
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4390 Mill Lane,
Mattituck
Phase I ESA
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FIGURE 11
FEMA FLOOD MAP
Simrce: t:'EMA, Maps 1"M36103C0143H
& IZM3( [0 ~('0144[1
Scale: [" ~- 500'
NORTII
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4390 Mill Lane,
Mattituck
Phase I ESA
Mill Lane
0 1/8 1/4
Toxics Targeting
1 Mile Radius Map
4390 Mill Lane
Mattituck, NY 11952
National Pdodty
'~List (NPL)
Inactive Hazardous Wasle
QDis~sal Registry Site
Suffolk County
Inact HazWasteDisp
~ Registry Qualirying
· 4390 Mill Lane
0 1/16
Distance in Miles
Toxics Targeting
1/2 MiLe Radius Map
4390 Mill Lane
Mattituck, NY 11952
E~i3 CERCLIS Superfl~nd
Non-N FRAP Site
Storer, Disposer
Site
Location
County
Border
Radius
Suffolk County
De[isted NPL Site
E~ CERCLIS Superfund
NFRAP Site
Solid Waste
(~ Brownflelds
Site
~t~ Waterbody
· 4390 Mile Lane
Toxics Targeting
1/4 Mile Radius Map
4390 Mill Lane
Mattituck, NY 11952
~ Major Oil
Storage Facilit~
Chemical Storage
Facility
Discharge
Location
Border
Radius
Suffolk County
Dockel Facility
Air
Petroleum Su~k
~ Storage FacilIW
Hazardous Waste
[] Generator, Transp.
1/4 0 1/8 1/4
,4390 Mil! Lane
Toxics Targeting
1/4 Mile Closeup Map
4390 Mill Lane
Mattituck, NY 11952
-!
Suffolk County
Hazardous Substance
(~ Waste Disposal Site
National Prioriiy
"~List (NPL) ' ODe, isted NFL Site
CERCLIS Superfund
E~ CERCLIS Superfund E~ N**FRAP Site
Non-NFRAP Site **
InacUve Hazardous Waste Inact Haz Waste Disp
Q DisposalRegistrySite * ~1~ RegistryQualif~in§
[] Hazardous WasteTreater. [] RCRA Corrective
Storer, Disposer ** Action Facility *
[~ Solid Wa$1o
I~,',:~ ~ RemeOiation
Site
1/2 Mile Search Radius
· 1 Mile Search Radius
1/4 0 1/8 1/4 *** 1/4 Mile Search Radius
Distance in Miles
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RESOLUTION 2011-493
ADOPTED
DOC ID: 6809
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-493 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 5, 2011:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesda,y~ July 19~ 2011~ at 4:32 p.m, Southold Town Halk 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by Bradley T. Swain. Said property is
identified as part of SCTM ;91000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The
property is located in the A-C zoning district and is situated on the easterly side of Mill Lane
approximately 300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue
in Mattituck, New York. The proposed acquisition is for a development rights easement on a part
of the property consisting of approximately 12.4& acres (subject to survey) of the 15.4& acre
parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase pr/ce is $65,000 (sixty-five thousand dollars) per
buildable acre for the 12.4:i: acre easement plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councihnan
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
LEGAL NOTICE
NOTICE of PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter I7
(Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code,
the Town Board of the Toxvn of Southold hereby sets Tuesday, July 19, 201L at 4:32
p.m., Southold Town Hall~ 53095 Main Road, Southold, New York as the time and
place for a public hearing for the purchase of a development rights easement on
proper .ty owned by Bradley T. Swain. Said property is identified as part of SCTM
#1000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The property is located in
the A-C zoning district and is situated on the easterly side of Mill Lane approximately
300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue in
Mattituck, New York. The proposed acquisition is for a development rights easement on
a pan of the property consisting of approximately 12.4:i- acres (subject to survey) of the
15.4=t: acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The easement will be acquired
using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand
dollars) per buildable acre for the 12.4-: acre easement plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: July 5,2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON July 14, 2011 AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Land Preservation
Website
To~vn Board Members
Comptroller
Town Attorney
Town Clerk's Bulletin Board
SOUTHOLD TOWN BOARD
PUBLIC HEARING
July 19, 2011
4:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 4:56 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday~ July 19~ 201L at 4:32 p.m. Southold Town Hall~ 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by Bradley T. Swain. Said property
is identified as part of SCTM #1000-107.-5-1.1. The address is 4390 Mill Lane in
Mattituck. The property is located in the A-C zoning district and is situated on the
easterly side of Mill Lane approximately 300 feet northwesterly from the intersection of
Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is
a development rights easement on a part of the property consisting of approximately
12.4± acres (subject to survey) of the 15.4± acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The easement will be acquired
using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand
dollars) per buildable acre fbr thc 12.4± acre easement plus acquisition costs.
Thc property is listed on the Town's Community Preservation Project Plan as property
that should be preserved clue to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Swain DRE Public Hearing
July 19, 2011
I also have a nntice that it was posted on the Town Clerk's bulletin board on July 7. That
is was posted in the Suffblk Times on July I4, 2011 and we have got a short
environmental assessment tbnn. And that is it.
SUPERVISOR RUSSELL:
acquisition'? Anyone?
Would anybody like to comment on this particular
COUNCILMAN KRUPSKI: I would just like to say that as thc liaison to the Land
Preservation Cmnmittee, this is one of the easier decisions they've made. This is, there is
a lot of road fi'ontage, it is active fhrmland. It adds to a nice block of preserved land in
that part of Mattituck and we are very happy the Swain fhmily decided to go this route, it
really does add to the agricultural community there.
SUPERVISOR RUSSELL: I want to thank the Swain fhmily fbr their generosity, the
preservation program works because we have willing landowners that are willing to
participate in the program and 1 want to thank them very much ~br their participation.
This hear/ng was closed at 4:59 PM
Elizabeth A. Neville
Southold Town Clerk
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RESOLUTION 2011-541
ADOPTED
DOC ID: 6810
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-541 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 19, 2011:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by Bradley
T. Swain on the 19th day of July, 2011, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-107.-5-1.1. The address is 4390
Mill Lane in Mattituck. The property is located in the A-C zoning district and is situated on the
easterly side of Mill Lane approximately 300 feet northwesterly from the intersection of Mill
Lane and Wickham Avenue in Mattituck, New York; and
WHEREAS, the development rights easement comprises a part of the property consisting of
approximately 12.4± acres (subject to survey) of the 15.4± acre parcel. The exact area of the
development rights easement is subject to a survey acceptable to the Land Preservation
Committee and the property owner; and
WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase
price is $65,000 (sixty-five thousand dollars) per buildable acre for the 12.44- acre easement plus
acquisition costs; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the develop~nent rights on this agricultural land; and,
WHEREAS, the Toxvn Board of the Town of Southold classifies this action as an Unlisted
Resolution 2011-541 Board Meeting of July 19, 2011
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by Bradley T. Swain, identified as part
of SCTM #1000-107.-5-1.1. The proposed action has been reviewed pursuant to Chapter 268
(Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has
determined that this action is consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Updatcd: 7/19/2011 2:54 PM by Lynda Rudder Page 2
6'17.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR |2.
3. PROJECT LOCATION:
4. PRECISE L~ATION (Street address and road inteme~ions, prominent landmass, etc.~ or provide map)
io -
5. PROPOSED ACTION IS:
[] New [] Expansion
[] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND.~FFECTED:
Initially I ~--, I~ -- acres Ultimately ~. ~ ~
acres
8. WILL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~)Yes [] No If No, descdbe briefly
9. 'IAT.~sidential [] Industrial [~Commercial ~Agriculture [] ParidForest/OpenSpece [] Other V~J, AT IS RESENT LAND USE IN VICINITY OF PROJECT?
[] Yes ~r No If Yes, list agency(s) name and pen'nit/approvals:
LJ Yes [] No If Yes, list agency(s) name and permit/approvals:
[]Yes ~DNo
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
[~Yes []No
B. WiLLACTiONRECEiVECOORDINATEDREVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART617.67 tfNo, anegative
declaration may be superseded by another involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic paltem, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cuflural resources; or community or neighborhood character? Explain bdefly:
C3. Vegetation or fauna, fish, shellfish or wildlife spedes, s[gniticant habitats, or threatened or endangered species? Explain bdefly:
C4. A communiiy's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explain bdefly:
C5. Growth, subsequent development, or related activities tikety to be induced by the proposed action? Explain briefly:
C~. Long term. sho~ term. ~mulati~, or other effects not identifieq in Cf -CS? Explain Briefly:
C7. Other impact~ {includinfl changes in use of elther quantity or t~pe of energy}? Explain briefly:
D. VV1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
Yes r-~ No If Yes, explain bdefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [~ No If Yes, explain bdefly:
PART Itl - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: F~reachadvemee~ectiden~~edab~ve~determinewhetheritissubstantia~~~arge~imp~r~ant~r~therwisesignl~cant~ Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of cccurdng; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Par[ II was checked
yes, the determination of significance must eva~uate the potential impact of the proposed action onthe environmental cham(!tedstice of the CEA.
] checkthisb~xify~uhaveidenfl~ed~ne~rm~rep~tentia~~y~arge~rsIgni~cantadverseimpactswhichMAY~ccor~ ThenproceeddirecflytotheFULI
EAF and/or prepare a positive declaration.
[~ Checkthis h°xif Y°U have determ ned' based °n the inf°rmati°n and analysis ab°ye and any supp°r~thg d°~mentati°n' that the pr°p°sed acti°n WILl
NOT result in any signiticant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determ nat or
Name of Lead Agency
Print or Type Name of Responsible Officerj~l Lead Agency
SignatE/~esponsibl-~' Offi~r in Lead Agency /
Date
Title of Responsible Officer
Signature of Preparer (If ifi~tr~lltffom responaible officer)
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: July 19, 2011
Re:
Purchase of a development rights easement.on a part of'the property
consisting of approximately 12.4+ acres (subject to survey) of the 15.4+
acre parcel owned by Bradley T. Swain.
Location: 4390 Mill Lane in Mattituck
Part of SCTM # SCTM #1000-107.-5-1.1.
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 12.4+ acres (subject to survey) of the 15.4_+ acre parcel.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)
Policy Standards. Based upon the information provided on the LWRP Consistency
Assessment Form submitted to this department as well as the records available to me, it
is my recommendation that the proposed action is CONSISTENT with the Policy
Standards and therefore is CONSISTENT with the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
Cc:
Martin Finnegan, Town Attorney .
Melissa Spiro, Land Preservation Coordinator~'
JUL 2 5 2011
D£FT. OF LAND
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CLOSING STATEMENT
BRADLEY T. SWAIN
to
TOWN OF SOUTHOLD
Part of SCTM #1000-107.-5-1.1
Total Development Rights Easement- 12.6836 acres
Total Parcel Acreage - 15.4385 acres
Reserve Area - 2.7548 acres
Location:
4390 Mill Lane, Mattituck
Closing took place on Thursday, January 26, 2012
at 10:30 a.m., Southold Town Hall Annex
Purchase Price of $ 824,434.00 (based upon 12.6836 buildable acres
$65,000/buildable acre) disbursed as follows:
Payable to Bradley T. Swain
Check #112853 (1/26/2012)
$ 824,434.00
Expenses of Closing:
Appraisal
Payable to Brunswick Appraisal Corp.
Check #106756 (9/7/2010)
$ 2,250.00
Survey
Payable to Peconic Surveyors, PC
Check #111332 (8/30/2011)
$ 1,850.00
Environmental Report Phase I ESA
Payable to Nelson, Pope & Voorhis, LLC
Check #111459 (9/13/2011 )
$ 1,000.00
Title Report
Payable to Fidelity National Title Ins Co
Check #112852 (1/26/2012)
Title insurance policy $ 3241
Recording easement $ 370
Certified copy $ 20
$ 3,631.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #112851 (1/26/2012)
$ 100.00
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
Bradford J. Martin, Esq
Lisa Caracciolo
Abigail A. Wickham, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Attorney for Seller
Fee Title Purchaser
Attorney for Fee Title Purchaser
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
TOWN OF SOUTHOLD
VENDOR 019826 BRADLEY T. SWAIN 01/26/2012 CHECK 112853
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 11-541 012612 SWAIN-12.6836 AC DEV RTS 824,434.00
TOTAL 824,434.00
EIGHT, HUNDRED TWENTY FOUR THOUSAND FOUR HUNDRED
RADLEY T~ SWAIN
2226 MOHEGAN DR ~PT 302
FALLS CHURCH VA 220~3
~'~P,S%I,' ':O~,[,05[,f=l,l: F=3, OOOOO[, 0"'
BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
44 Elm Street, Suite 8
HUNTINGTON, NEW YORK 11743
(631) 421-2344
FAX (631 ) 424-9246
E-Mail: elinor~brunswickappraisl.com
Sanford S. Brunswick
Elinor Brunswick, MAI
State Certified General Appraisers
August 13, 2010
Armand Brunswick, MAI
1881-1960
Town of Southold
Department of Land Preservation
Southold Town Halt Anne>
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
Development Rights Easement Acquisition
Swain Property
Tax Map Number: 1000-107-5-1.001
Location: 4390 Mill Lane
Mattituck New York 11952
INVOICE# 1000-16
Real Estate Appraisal
$2,250
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 005409 ELINOR BRUNSWICK, M
Y Select
- JE Date Trx. Date Fund Account
............................. Begi
3/11/2008 3/11/2008 H3
5/06/2008 5/06/2008
9/09/2008 9/09/2008
9/23/2008 9/23/2008
12/16/2008 12/16/2008
1/20/2009 1/20/2009
2/24/2009
2/02/2010
2/23/2010
3/23/2010
8/10/2010
9/07/2010
10/05/2010
11/04/2010
2/24/2009
2/02/2010
2/23/2010
3/23/2010
8/10/2010
9/07/2010
10/05/2010
11/04/2010
600
600
600
600
H3
H3
H3
H3 600
H3 600
H3 600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
2/01/2011 2/01/2011 H3 .600
....................... Use Acti
E2=Shift Up F3-Exit Fl0 Prey View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-09072010-587 Line: 111 Formula: 0 :
: Account.. H3 .600
: Acct Desc ACCOUNTS PAYABLE :
Trx Date ..... 9/07/2010 SDT 9/08/10 :
Trx Amount... 2,250.00 :
Description.. APPRAISAL-SWAIN PROPERTY :
Vendor Code.. 005409 Pay Method: :
Vendor Name.. ELINOR BRUNSWICK, MAI :
Alt Vnd.. :
CHECK ........ 106756 SCNB :
Invoice Code. 1000-16 :
VOUCHER ...... :
P.O. Code .... 21559 :
Project Code. :
Final Payment F Liquid. :
Type of 1099. N BOX. Addl. :
Fixed Asset.. ¥ :
Date Released 9/07/2010 :
Date Cleared. 9/30/2010 :
F3=Exit F12=Cancel :
TOWN OF SOUTHOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 09/07/2010 CHECK 106756
FL~ND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2~500.200 21559 1000-16 APPR-~IS-a2~-SWAIN PROPERTY 2,250.00
TOTAL 2,250.00
I IIi
PECONIC SURVEYORS, P.C.
1230 TRAVELER STREET
P.O. BOX 909
SOUTHOLD, NY 11971
Invoice
Date I Invoice #
8/22/2011 [ 308
Bill To
TOWN OF SOUTHOLD
LAND PRESERVATION DEPT.
TOWN HALL ANNEX
PO BOX 1179
SOUTHOLD, NY 11971
P.O. No. Terms Project
11-177 Net 30
Quantity Description Rate Amount
I SWAIN SURVEY-DEVELOPMENT RIGHTS EASEMENT, TAX 1,850.00 1,850.00
MAP/f 1000-1074)5-1.1, PURCHASE ORDER~ 22678
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 016144 PECONIC SURVEYORS,
Y-Select
JE Date Trx. Date Fund Account
........................ Use Acti
2/15/2011 2/15/2011 H .600
8/30/2011 8/30/2011 H3 .600
F2-Shift Up F3-Exit F10-Prev View
lect Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-08302011-022 Line: 239 Fozmula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
Trx Date ..... 8/30/2011 SDT 8/31/11 :
Trx Amount... 1,850.00 :
Description.. SWAIN SURVEY-DEV RTS EAS :
Vendor Code.. 016144 Pay Method: :
Vendor Name.. PECONIC SURVEYORS, P.C. :
Alt Vnd.. :
CHECK ........ 111332 SCNB :
Invoice Code. 308 :
VOUCHER ...... :
P.O. Code .... 22678 :
Project Code. :
Final Palnnent F Liquid. :
Type of 1099. N BOX. Addl. :
Fixed Asset.. Y :
Date Released 8/30/2011 :
Date Cleared. 9/30/2011 :
F3=Exit F12=Cancel :
:
TOWN OF SOUTHOLD
VENDOR 016144 PECONIC SURVEYORS, P.C. 08/30/2011 CHECK 111332
FLq~D & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 22678 308 SWAIN SURVEY-DEV RTS EAS 1,850.00
TOTAL 1,850.00
Melissa Spiro
Town of Southold Dept of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold, NY 11971
Project Vl 1X085.001.000
Nelson Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, NY 11747
(631) 427-5665
4390 Mill Lane, Mattituck
August 23, 2011
Project No: V11X085.001.000
Invoice No: 8479
Project Manager Steven McGinn
Professional Services
Phase SA Site Audit
Task 1300 Phase I ESA
SWAIN Phase I ESA
Fee
1,000.00
Total this Task $1,000.00
Total this Phase $1,000.00
Total this Invoice $1,000.00
CL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 014161 NELSON, POPE & VOOR
(-Select
JE Date Trx. Date Fund Acceunt
...................... 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
3/29/2011 3/29/2011 H3 .600
4/12/2011 4/12/2011 B .600
5/10/2011 5/10/2011 B .600
Acti
9/13/2011 9/13/2011 H3 .600
...................... Use Acti
F2 Shift Up F3-Exit Fl0-Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Nam,
.............. Detail--GLt00N .............
W-09132011-142 Line: 214 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date ..... 9/13/2011 SDT 9/12/11
Trx Amount... 1,000.00
Description.. PHASE I ESA-SWAIN PROP.
Vendor Code.. 014161 Pay Method:
Vendor Name.. NELSON, POPE & VOORHIS,
Alt Vnd..
CHECK ........ 111459 SCNB
Invoice Code. 8479
VOUCHER ......
P.O. Code .... 22677
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 9/13/2011
Date Cleared. 9/30/2011
F3=Exit F12=Cancel
TOWN OF SOUTHOLD
VENDOR 014161 NELSON, POPE & VOORHIS, LLC 09/13/2011 CHECK 111459
FUND & ACCOUNT P.O.~ IN%;OICE DESCRIPTION J~qOUNT
H3 .8660.2.600.100 22677 8479 PHASE 1 ESA-SWAIN PROP. 1,000.00
TOT/~L 1,000.00
FIDELITY NATIONAL TITLE INSURANCE COMPAI~IY
24 Commerce Drive, Riverhead, New York 11901
631-727-0600 fax 631-727-0606
FAIR MARKET VALUE RIDER (OPTIONAL) PREMIUM_
MORTGAGE INSURANCE (X)VERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Ar biteaiion
Residential
Adjusiable Rate Rider
NEW YORK STATE TRANSFEPJMANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mortgagor)
COMMUNITY PRESERVATION FUND
SURVEY INSPECI'ION
DEPARTMENTAL SEARCHES
STREET REPORT
ESCROW DEPOSIT
ESCROW DEPOSIT FEE
BANKRUPTCY/PATRIOT SEARCHES
NYS SALES TAX ON DEPARTMENTALfMUNICIPAL CHARGES
RECORDING FEES:
( ) OEEO(S).
( ) SATISFACTION(S)
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDAVrr(s)
( ) ASSIGNMENT(S)
( ) BUILDING LOgaN CONTRA¢Tr , ¢
' o d TOT2L Ca( CES
CLOSER CIIARGES, IF ANY: PICK-UP FEE:
PATRICIA L. FALLON
Title Closer
TOWN OF SOUT~OLD
VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 01/26/2012 CHECK 112852
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000
H2 .8686.2.000.000
H2 .8686.2.000.000
11 541 Fll-7404-82586 SWAIN TITLE INS POLICY 3,241.00
11-541 Fll-7404-82586 SWAIN-RECORD.EASEMENT 370.00
11-541 Fll 7404-82586 SWAIN-CERT.COPY EASEMT 20.00
TOTJ~L 3,631.00
TOWN OF SOUTHOLD PRE-PAID 1/26 / I2
$OUTHOLD NY11971~0959 CHECK NO. I12652
THE SUFFOLK CO. NAT ~NAL BANK
CUTCHOGUE NV l193S I DATE t AMOUNT
50-5461214 01/26/2012 S3, 631.00
THREE THOUSAND SIX HUNDRED THIRTY ONE AND 00 100 DOLLARS
PAY FIDELITY NATIONAL TITLE INS CO
I ~'OTtlE 24 COMMERCE DRIVE
ORDER RIVERHEAD NY 11901
OF
7DWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 01/26/2012 CHECK 112851
FUND & ACCOUIqT P.O,~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 11-541 Fll 7404-82586 SWAIN-TITLE CLOSER FEE 100.00
TOTAL 100.00
OF SOUTHOLD
§3095 MAIN ~OAO, PO BOX1179
SOUTHOLD, NY I1951-O959
THE SUFFOLK CO, NATIONAL BANK
CUTCHOGUE NY 11935
50 546/2~4
ONE HUNDRED AND 00/100 DOLLARS
PRE-PAID 1/26712
CHECK NO. 112851
DATE I :AMOUNT
01/26/2012 $100.00
PAY PATRICIA FALLON
TOTHE 40 WHITE OAK LAME
ORDE~
SOUTHA~qPTON NY 11968
OF
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 23
Receipt Number : 12-0016208
TRANSFER TAX NUMBER: 11-13806
District:
1000
Deed Amount:
Section: Block:
107.00 05.00
EXAMINED AND CHARGED AS
$824,434.00
Recorded:
At:
LIBER:
PAGE:
FOLLOWS
02/09/2012
02:11:30 PM
D00012684
634
Lot:
001.004
Received the Following Fees
Page/Filing $115.00
COE $5.00
TP-584 $5.00
Cert. Copies $14.95
Transfer tax $0.00
TRANSFER TAX NUMBER:
THIS PAGE
For Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Comm. Pres
Fees Paid
11-13806
IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$20.00
$15.00
$0.00
$30.00
$0.00
$204.95
Exempt
NO
NO
NO
NO
NO
JUDITH A. PASCALE
County Clerk, Suffolk County
MAR - 9 2012
D£Pi'. OF LAIRD
PRESERVATI~)I~
Number of pages
This document will be public
record. Please remove ail
Social Security Numbers
prior to recording.
RECORDED
2n!2 Feb 09 02:11:30 P~
JUOITH fl, PASCALE
CLERK OF
SUFFOLK COUNT?
L DOOO12684
P 634
DT~ 11-13806
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp I Recording/Filin~ Stamps
3 ] FEES
3-.0 oo
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A. '~1~ '~
Comm. of Ed. 5. 00
Affidavit ~
NYS Surcharge 15. 00
Other
4 lDist./~ff/
Real Property
Tax Service
Agency
Verification
S.bTotal
SubTotal
O=dTota,
12002584 ~.ooo ~_o?oo 0500 oo~.oo,~
6
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual Cotlnty
Held for Appointment
Tlansfer 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
Community Preservation Fund
Consideration Amount
CPF Tax Due $ ~E~OmPI
Improved
Vacant Land
TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk cTo. IName Title Company Information
310 Center Drive, Riverhead, NY 11901 ~/,~¢~,/¢"~-~,'a.,c, ct. 77
www.suffolkcountyny, gov/clerk Tit e # l~'//-?{l~4[
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~/ArT' ~.~ ,~5,~l/'~2.~P/~-"-M7~ ]~/,~ht/~ ~-/[~-~rT- made by:
(SPECIFY TYPE OF INSTRUMENT)
~A¢_.C~C~-y 7'7 .~tU,,?/~ The premises herein is siluated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of
~O g6rM 0,~ oC~t/vT"t'O£O In the VILLAGE
or HAMLET of /'~ 77-/
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK 1NK ONLY PRIOR TO RECORDING OR FILING.
(over)
G _P~N_Tp E~D EVE LO P~MEN_T R I~G H T~S_E A_S~E M_E_~
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the,2/,:~.day of January, 2012 at Southold, New York. The parties are
Bradley T. Swain residing at 2226 Mohegan Drive, Apt. 302, Falls
Church, Virginia 22043 (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").
!_NTRODU~ION
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 #1000-107-5-1.! more fully described in
SCHEDULE "A" attached hereto and made a part hereof and
hereinafter referred to as the "Property" and shown on the survey
prepared by John T. Metzger, Peconic Surveyors, P.C., dated.]_uly 28,
2011 and last revised December 5, 2011 (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 ! 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 field crops; and
WHEREAS, it is the policy of the Town of Southold (the "Town"),
as articulated in the Town's Master Plan of 1973, amended in 1986 and
1989 as adopted by the Town Board, Town of Southold, and §272-a of
the New York State Town Law ("Town Law") to protect environmentally
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
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 EIGHT HUNDRED TWENTY
FOUR THOUSAND FOUR HUNDRED THIRTY FOUR AND 00/100
DOLLARS ($824,434.00) and other good and valuable consideration
paid to the Grantor, the receipt of which is hereby acknowledged, the
Grantor does h__e[eby_gr_a~,__t[_ansfer., barg~ig,...sell and convey to they,/
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 HAVE AND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the fee
title to the property, and the exclusive right of occupancy and of use of
the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restrictions hereinafter set forth,
which shall constitute and shall be servitudes upon and with respect to
the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees
as follows:
0,01 Grantor's W_arrapty
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~ Gra~nte~e's S_tatus
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York and is authorized under §64 of Town Law and §247
of the New York State General Municipal Law ("General Municipal
Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values by limiting nonagricultural uses of the
Property. This instrument is intended to convey a Development Rights
Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
natural, scenic and agricultural values by preventing the use or
development of the Property for any purpose or in any manner
contrary to the provisions hereof, in furtherance of federal, New York
State and local conservation policies.
0.04 Governmental Recogpitiop
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
of the Internal Revenue Code ("I[RC") and other federal statutes.
0.0~5 Baseline Dogume_ntation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in identifying
and documenting the Property's agricultural values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and
activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared, with Grantor's cooperation, an
inventory of the Property's relevant features and conditions (the
"Baseline Documentation"). This Baseline Documentation includes, but
need not be limited to, a survey prepared by John T. Metzger, Peconic
Surveyors. P.C., dated July 28, 2011 and last revised December 5,
20!1 and a Phase 1 Environmental Site Assessment dated August 16,
2011 by Nelson, Pope and Voorhis, LLC.
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.
0.0_6_ Re_cit_ati_0 n
in consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
AR~T~CLE_ON E
TH E~E A S~EM E NT
!.,01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.0~2 Definitio_ns
"Development Rights" shall mean the permanent legal interest
and right to prohibit or restrict the use of the Property for anything
other than uses consistent with the terms of this Easement, including
4
agricultural production as that term is presently referenced in §247 of
the General IVlunicipal 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 §30:L(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
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 Duratio. n
This Easement shall be a burden upon and run with the Property
in perpetuity.
1~04 Eff~¢t
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 all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantor and/or Grantee
shall also be deemed granted to each and every one of its subsequent
agents, successors, and assigns, and the word "Grantor and/or
Grantee" when used herein shall include all of those persons or
entities.
AR~TIC_LE TWO
SA_LE
GRANTOR, for EIGHT HUNDRED TWENTY FOUR THOUSAND
FOUR HUNDRED THIRTY FOUR AND 00/100 DOLLARS ($824,434.00)
and such other good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity,
together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantor.
AR_TICLE THREE
PROHI B_IT_ED. ACT_S
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
~3:~01_ _St r u~l;_u Ees
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and Sections 1.02 and 4.06 of this
Easement.
3._0._2_ Excava_tLqr) an~.d Be_m. 0val .of M~t.__e_r a s_;_M n nq
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,
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_ ~ubdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or §335
of the Real Property Law, as they may be amended, or any other
applicable State or local law. "Subdivision" shall include the division of
the portion of the Property from which the development rights are
acquired into two or more parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the
Town of Southold and as otherwise required by applicable law,
subdivide the property, provided that all resulting parcels contain at
least :LO acres of preserved agricultural land subject to a development
rights easement or other conservation instrument.
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 Dump_in_g
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.
3.0_5 ~Sjgns
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.
~.~06 Utiliti~es
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 §4.06 shall be
prohibited without the prior written consent of the Grantee.
Underground utilities must, to the extent possible, be constructed
within 30 feet of the centerline of any roads or driveways, and may be
used solely to service the permitted structures on the Property. The
Property may be used for the creation or placement of utilities to
service adjacent properties, provided said properties are used in
agricultural production and are subject to a development rights
easement or other conservation instrument.
3.07 Prohibi~ted 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 l~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, and 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
farmstands, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Property. Under no
circumstances shall athletic fields, golf courses or ranges, commercial
airstrips and helicopter pads, motorcross biking, or any other
improvements or activity inconsistent with current or future
agricultural production be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the Natural Resources
Conservation Service ("NRCS").
3.Qg_Praina~qe
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
sump shall be prohibited, except in accordance with sound agricultural
management practices and in order to control flooding or soil erosion
on the Property.
3.10 Development ~ghts
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to construct,
maintain and replace any pre-existing structures, and to construct new
structures, as such rights may be provided in Section 4.06 and this
Easement, and the parties agree that any other such development
rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
A_RTIC~E~E~U B
GR_ A__NT_O R'S RIGHTS
4.01 Owr)_er_shi p
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.
4.0_2 poss_e_ssion
Grantor shall continue to have the right to exclusive possession
of the Property.
4.0_3 Use
Grantor shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
9
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 Lands~in_g A_~tiv?c!es
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._Ag_ri_cult_ura! Produ_ctioQ and ~ctivit!es
Grantor shall have the right to engage in all types of agricultural
production as the 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 §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.
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
10
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
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following 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 and
utilities to service adjacent properties used in
agricultural production and subject to a development
rights easement or other conservation instrument;
(ii)
New construction, including drainage improvement
structures, provided such structures are necessary
for or accessory to agricultural production;
(iii)
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;
EL Conditions. Any allowable improvements shall protect
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. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
11
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 Noti~ce~
Grantor shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Property but only subject to this
Easement. Grantor shall promptly notify Grantee of any conveyance
of any interest in the Property, including the full name and mailing
address of any transferee, and the individual principals thereof, under
any such conveyance. The instrument of any such conveyance shall
specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this
Easement, and shall incorporate this Easement by reference,
specifically setting for the date, office, liber and page of the recording
hereof. The failure of any such instrument to comply with the
provisions hereof shall not affect Grantee's rights hereunder.
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
G_R_A NTO R'S QB_LIGATIONS
_5.Q1 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 Claims
Grantor shall indemnify and hold Grantee harmless for any
liability, costs, attorneys' fees, judgments, or expenses, charges or
liens to Grantee or any of its officers, employees, agents or
independent contractors, all of which shall be reasonable in amount,
resulting: (a) from injury to persons or damages to property arising
from any activity on the Property; and (b) from actions or claims of
any nature by third parties arising out of the entering into or exercise
of rights under this Easement, excepting any of those matters arising
solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5~.04 Grounds~.aintenaoce Requirement
If Grantor leaves the Property open and does not engage in
agricultural production for two (2) consecutive years, then Grantor
shall implement a Natural Resources Conservation Plan (the "Plan")
approved by 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. ]:n 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.
A RTl CLuE S.[X
GRANTEEiS RIGHTS
6.~01 Entry and InsP_e_c_tjgn
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 by the public or by any other governmental
agencies.
6_.~2 Restoration
In addition to Grantee's remedies under Section 5.04, Grantee
shall have the right to require the Grantor to restore the Property to
the condition required by this Easement and to enforce this right by
any action or proceeding that Grantee may reasonably deem
necessary. However, Grantor shall not be liable for any changes to the
Property resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons
or to the Property or crops, livestock or livestock products resulting
from such causes.
6.03 Enforcement Ri,ght_s of GraBtee
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 twenty (20) days' notice thereof by Grantee
(which notice requirement is expressly waived by Grantor with respect
to any such breach, default or violation which, in Grantee's reasonable
judgment, requires immediate action to preserve and protect any of
the 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, alt 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 twenty (20) days.
6.04 N oti_c._e
All notices required by this Easement must be written. Notices
shall be delivered by hand or by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
15
return receipts requested. Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 6.04.
Mailed notice to Grantee shall be addressed to its principal office
recited herein, marked 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_. 0~5__No WaiveF
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 the delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 E.xtinguishment of Easeme_n_t/Conde_.mnation
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.
16
ARTICLE SEVEN
MISCELLA~.NEOUS
7.01 Entire Under_s_t~anding
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 Amendme_n_t
This Easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any 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 Grantor to meet the
requirements of §170(h). Any such amendment shall apply
retroactively in the same manner as if such amendment or
amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code or any successor chapter and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, following a public hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of 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
17
Code, provided that transferee expressly agrees to assume the
responsibility imposed on the Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of
competent jurisdiction may transfer this Easement to another qualified
public agency that agrees to assume the responsibilities imposed by
this Easement.
Z._O__4 _Severab!!!ty
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court shall not
be invalidated. Instead, that provision shall be reduced or limited to
whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is determined to
be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 G_oy.e_[ning L.a_~w
New York law applicable to deeds to and easements on land
located within New York shall govern this Easement in all respects,
including validity, construction, interpretation, breach, violation and
performance.
7.06. interpretation
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
it was drafted by the other party's attorney. No alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. If any provision of this Easement is ambiguous or shall be
subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and be consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate
its purposes.
18
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 Wa rra o~je_s_
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.~09 Recording
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
_7_. ~_.0_ ~adin_g~
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
7.11 P~oceeds
The grant of this Easement gives rise to a property right,
immediately vested in Grantee, which, for purposes of calculating
proceeds from a sale or other disposition of the Property as
contemplated under Section 6.06 (Extinguishment of Easement), shall
have a value equal to a percentage of the value of the Property
unencumbered by this Easement (the "Proportionate Share"). The
Proportionate Share is determined by dividing the value of this
Easement, calculated as of the date hereof, by the unencumbered
value of the Property, as reflected in an appraisal obtained by Grantee
with a valuation date of July 26, 2010. The Proportionate Share is
71%. The Proportionate Share shall remain constant (subject to
reasonable adjustment to the extent permissible under Section 170(h)
of the Internal Revenue Code for any improvements which may
hereafter be made on the Property).
19
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Grand of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
BRAD~Y T. SWAIN
ACKNOWLEDGED AND ACCEPTED:
TOWN OF S~THOLD, Grantee
Sc(~t A. Russell, Supervisor
City/County of Fairfax
Commonwealth of Virginia
STATE OF NEW YORK)
......... The foregoing instrument was acknowledged
cuUlVl Y Uh SUFFOLK), SS: Before me this ~_~ay of'~l~'~2Oi~-'by ~ _~
On the ~ay o~ - in lJe year 2012 before me, the
unde~ign~, pe~ona]ly appea~ed Bradley ~ Swain, pe~onally known to me or
prov~ to me on the basis of ~tisfa~o~ evidence to be the individual (s) whose
name (s) is (am) subscrib~ to the within in~rument and acknowledg~ to me ~at
he/she/they ~uted the ~me m his/her/their capaci~ (i~), and that by
his/her/their signature(s) on the in~rumen& ~e individual(s), or the pe~on upon
behalf of which the individual(s).a~ed, executed the instrumen&
Si~ur~ ~f individual taking acknowledgement
~ATE OF NEW YORK ) Notary Public
Notary Registration Number: ~/S~
COU~ OF SUFFOLK ) 5S: Mycommissionexpires:~
On this ~6 day of ~x ~ in the year 2012 before me, the
undersigned, pe~onally appeared Sco~ A. Russell, personally known to me or
proved to me on the basis of satisfa~o~ 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 capad~(ies), and that by
his/her/their signature(s) on the in~rument, the individual(s), or the person
upon behalf of which the individual(s) a~ed, executed the instrument.
Nota~ Public
PATRICIA L. FALLON
Notary Public, State Of New York
No.
Q~ialified In
Commission Expires Apti! 24,
20
FIDELITY NATIONAL TITLE INSURANCE COMPANY
TITLE NO. F11-740d-82586SUFF
SCHEDULE'X" (Description)
Amended 01/13/12
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
Beginning at a monument on the easterly side of Mill Lane at the northwesterly comer of land now or formerly of
Thomas Coliccio & Lori Sulverbush and the southwesterly comer of the premises herein described; said monument being
North 18 degrees 58 minutes 10 seconds West, 300.00 feet from the comer formed by the intersection of the easterly side
of Mill Lane and the northerly side of Wickham Avenue;
Running Thence North 18 degrees 58 minutes 10 seconds West along the easterly side of Mill Lane, 654.65 feet;
Thence through land now or formerly of Bradley T. Swain the following two courses and distances:
1) North 72 degrees 46 minutes 10 seconds East, 333.15 feet; and
2) North 18 degrees 58 minutes 10 seconds West, 360.36 feet to land now or formerly of Lisa Caracciolo & Louis
Caracciolo Jr.;
Thence North 72 degrees 46 minutes 10 seconds East along said land, 318.93 feet to land now or formerly of B & H
Farms;
Thence along said land now or formerly of B & It Farms the following two courses and distances:
1) South 20 degrees 50 minutes 10 seconds East, 235.74 feet; and
2) South 20 degrees 09 minutes 00 seconds East, 789.59 feet to land now or formerly of Giacinta & Raymond Dohren;
Thence South 76 degrees 25 minutes 20 seconds West along said land, 317.37 feet to land now or formerly of Thomas
Coliccio & Lori Silverbush aforementioned above;
Thence South 71 degrees 01 minute 50 seconds West along said land, 359.76 feet to the monument on the easterly side of
Mill Lane at the point or place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY: Together ,a, ith all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A- I (Descrtption)
Rev. (03/04)
T
I
T
L
E
P
0
L
I
C
Y
Fidelity National Title Insurance Company
Policy Number: 27-031-06-33- 5 5 2'7 6
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06)
WITH NEW YORK COVERAGE ENDORSEMENT APPENDED
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora-
tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lieu or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv-
ered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title,that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encrnachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im-
provements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoy~nent of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of laud; or
(d) environmental protection
FORM 27-031 06 33 (6/08) ALTA Owner's PoIicy (6 17-06) w/New York coverage Endorsement Appended
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of
the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exemise of the rights of eminent domain if a not!ce of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a)
as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of
all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, 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 prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Fidelity National Title Insurance Company
ATTEST
~(~nters~gn~~I~
Secretary
AUI'A Owner's Policy (6 1%06) w/New York coverage Endorsement Appended
Fidelity National Title Insurance Company
Policy No.: 27-031-06-33-55276 Title No.: F11-7404-82586SUFF
Amount of Insurance: $824,434.00
1. Name of Insured:
SCHEDULE A
Date of Policy: January 26, 2012 at 9:00 AM
Town of Southold
The estate or interest in the land which is covered by this policy is:
EASEMENT
Title to the estate or interest in the land is vested in:
Town of Southold
Development Rights Easement made by Bradley T. Swain dated 01/26/12 and recorded 02/09/12 in Liber 12684
page 634.
The land referred to in this policy is described as follows:
See Schedule A-1 (Description), following.
Schedule A Owner's Policy Page 1
Rev (02/04)
Fidelity National Title Insurance Company
Policy No: 27-031-06-33-55276
Title No.: F11-7404-82586SUFF
SCHEDULE A-I
Description
Amended 01/13/12
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
Beginning at a monument on the easterly side of Mill Lane at the northwesterly comer of land now or formerly of
Thomas Coliccio & Lori Sulverbush and the southwesterly comer of the premises herein described; said monument being
North 18 degrees 58 minutes 10 seconds West, 300.00 feet from the comer formed by the intersection of the easterly side
of Mill Lane and the northerly side of Wickham Avenue;
Running Thence North 18 degrees 58 minutes 10 seconds West along the easterly side of Mill Lane, 654.65 feet;
Thence through land now or formerly of Bradley T. Swain the following two courses and distances:
1) North 72 degrees 46 minutes 10 seconds East, 333.15 feet; and
2) North 18 degrees 58 minutes 10 seconds West, 360.36 feet to land now or formerly of Lisa Caracciolo & Louis
Caracciolo Jr.;
Thence North 72 degrees 46 minutes 10 seconds East along said land, 318.93 feet to land now or formerly of B & H
Farms;
Thence along said land now or formerly of B & H Farms the following two courses and distances:
1) South 20 degrees 50 iuinutes 10 seconds East, 235.74 feet; and
2) South 20 degrees 09 minutes 00 seconds East, 789.59 feet to land now or formerly of Giacinta & Raymond Dohren;
Thence South 76 degrees 25 minutes 20 seconds West along said land, 317.37 feet to land now or formerly of Thomas
Coliccio & Lori Silverbush aforementioned above;
Thence South 71 degrees 01 minute 50 seconds West along said land, 359.76 feet to the monument on the easterly side of
Mill Lane at the point or place of BEGINNING.
Schedule A I (Description) Owner's Policy Page 2
Rev. (02/04)
Fidelity National Title Insurance Company
Policy Number: 27-031-06-33-55276
Title No.: FI 1-7404-82586SUFF
SCHEDULE B - PART I
Exceptions from Coverage
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses)
which arise by reason of:
1. Rights of tenants and persons in possession.
2. Survey made by Peconic Surveyors, P.C. dated July 28, 2011, and last revised December 5, 2011, shows the
"Development Rights Easement Area" as a farm field;
A. Edges of farm field, grass and vegetation shown thereon. No encroachments shown.
3. 2011/2012 Second Half Town/School Tax not yet due.
Schedule B Owner's Policy Page 3
Rev. (02/04)
Fidelity National Title Insurance Company
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
1. The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may
hereat~er gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and
created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as Shown in Schedule A.
THIS ENDORSEMENT is issued as pan 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 endorse]nent, this
endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
Fidelity National Title Insurance Company
STANDARD NEW YORK ENDORSEMENT (1 I/I/08)
FOR USE WITIt ALTA LOAN POLICY (6 17 06)
EXCLU~SIONS FROM COVERAGE
The fi)llowing 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
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or minting to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters :
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(dj attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or sthfilar creditors' rights laws, that the transaction vesting the Title as shown in Schedule
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be in
creased or decreased by endorsement to this policy, increased by Section
8(b), or decreased by Sections 10 and l 1 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, tIUSt, limited liability company, or
other similar legal entity.
"Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as dis-
tinguished 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;
(DJ 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 grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of
the named insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person
or Entity, or
(4) 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 (DJ reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or"Known": Actual knowledge, not constructive knowledge
or notice that may be imputed to an Insured by reason of the Public Records
or any other records that impart constructive notice of matters affecting the
Title
(g) "Land": The land described in Schedule A, and affixed improvements thai
by law constitute real property The term "Land" does not include any prop
erty beyond the lines of the area described in Schedule A, nor any right,
title, interest, estate, or easement in abutting streets, roads, avenues, 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 instru-
ment, including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without Knowledge. Wilh respect to
FORM 74P031-06-33
Covered Risk 5(dj, "Public Records" shall also include environmental pro-
tection liens filed in the records of the clerk of the United States District
Court for the district where the Land is located.
(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 Poi icy in favor of
an Insured, but only so long as the Insured retains an estate or interest in the Land, or
holds an obligation secured by a purchase money Mortgage given by a purchaser from
the Insured, or only so long as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This policy shall not continue in force in
favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or
(ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company prompdy 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 pr~)vide 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 Ihat constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount
of the loss or da~nage.
DEFENSE AND PROSECUTION OFACTIONS
(a) Upon written request by the Insured, and subject to the options contained in
Section 7 of these Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an Insured in litigation
in which any third party asserts a claim covered by this policy adverse to
the Insured. This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company shall have the
right to select counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liable for and witl 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
AEI'A Owner's Policy (6 17 06) w/New York coverage Endorsement Appended
(b)
(c)
not insured against by this policy.
The Company shall have the right, in addition to the optmns contained it/
Section 7 of these Conditions, at its own cost, to institute and prosecnte any
action or proceeding or to do any other act that in ils opinion may be neces
sary or desirable to establish the Title, as insured, or to prevent or reduce
loss or damage to the lnsured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable to the
Insured. The exercise of these rights shall not be an admission of liability
or waiver of any provision of this policy. If the Company exercises its
rights under this subsection, it must do so diligently.
Whenever the Company brings an action or asserts a del~nse as required or
perlrtitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves
lhe right, in its sole discretion, to appeal any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute
or provide for the del~nse 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 tight to use, at its option,
the name of the Insured for this purpose. Whenever requested by the Cum
party, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or
del~nding the action or proceeding, or effecting settlement, and (ii) in any
other ]awful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Com-
pany is prejudiced by the failure of the Insured to furnish the required coop-
eration, the Company's obligations to the Insured under the policy shall
temfinate, including any liability or obligation to defend, prosecute, or con-
tinue any litigation, with regard to the matmr or matters requiting such co-
operation.
(b) The Company may reasonably require the Insured Claimant to suNnit to
examination under oath by any authorized representative of the Company
and to produce for exanrination, inspection, and copying, at such reason-
able tinres and places as nray 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 au
thorized representative of the Company, the Insured Claimant shall grant its
pemrission, 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 panty thal reasonably pcntain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Com-
pany pursuant Io 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 permis-
sion to secure reasonably necessary information from third parties as re
quired in this subsection, unless prohibited by law or governmental regula-
tmn, shall terminate any liability of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMSi TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following addi
tional options:
la) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred by the In
sured Claimant that were authorized by the Company up to the time of pay-
ment or tender of payment and thai the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obliga-
tions of the Company to the insured under this policy, olher than to make
the payment required in this subsection, shall ~crminate, including any Ii
abilily or obligation to defend, prosecute, or continue any litigation
(b) To Pay or Otherwise Settle With Parties Other Than thc insured or Wilh the
Insured Claimant.
(i) To pay or otbcrwisc settle with other pmties for or iB tile name of an
Insured Claimant any claim insured against under this policy. In addi-
tion, the Compnny will pay any costs, attorneys' fees, and expenses
incurred by the insured Claimant that were aufl~orizcd by tile Com-
pany up to the lime of payment and Ihat the Company is obligated Io
pay; or
~ii) To pay or otherwise settle wdh the Insured Claimant the loss or dam-
age provided for under this policy, together with any costs, attorneys'
fees, and expenses recurred by the Insured Clailnant dmt were autho
rized by the Company up to the time of payment and that the Cum
puny 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, olher 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 lcsser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value
of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is
unsuccessful in establishing the Title, as insured.
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also
pay those costs, attorneys' fees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or
encumbrance, or cures the lack of a right of access to or from the Land, or
cures the claim of Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any
appeals, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability IBr loss or dam-
age until there has been a final determination by a court of conrpetent juris-
diction, and disposition of all appeals, adverse to the Title. as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liabil-
ity voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LI-
ABILITY
All payments under this policy, except payments made for costs, attorneys' fees.
alld 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 amounl
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 lixed in
accordance with these Conditions, the payment shall be made within 30 days
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy,
it shall be subrogated and entided to lhe 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' lees, and expenses paid by thc Company.
If requested by the Company, the Insured Claimanl 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 Jn
the name of ~he 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 righl to recover
until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured 1o
indemnities, guaranties, other policies of insurance, or bonds.
notwithstanding any terms or conditions comained in those instruments that
address subrogation rights.
FORM 74 031 06 33 ALTA Owner's Policy (6-17 06) w/New York coverage Endorsement Appended
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy
shall be submitted lo arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Excepl 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 lilnited to, any controversy or claim between
and the Insured arising out of or relating to this policy, any service in
its issuance or the breach of a policy provision, or to any other
or claim arising out of the transaction giving rise to this policy. All arbitrable
matters wheu the Amount of Insurance is $2,000,000 or less shall be arbitrated al Ihe
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 tile parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by thc
Company is the entire po]icy and contract between the Insured and the
Company In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage that arises out o£ the status of the Title or by
any action asserting such claim shall be restricted to this policy.
lc) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by Sched-
ule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all of its terms and provisions. Except as the en
dorsement expressly states, it does not (i) modify any of the terms and pro
visions 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 provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, bttt all other provisions shall remain in full
force and cft~ct.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten
the risks cove[ed by this policy and determined the premium charged therefor
in reliance upon lhe 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 detemfine the validity of claims against the
Titlc that are adverse to the Insured and to interpret and enforce the terms of
this policy. In neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured
againsl the Company must be filed only in a state or federal court within the
United States of America or ils territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at
Fidelity National Title Company
Attn: Claims Department
1~O. Box 45023
Jacksonville, Florida 32232 5023
FORM 27 031 06-33 (6/08) ALTA Owner's Policy (6 17 06) w/New York coverage Endorsemenl Appended
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
TM
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, Florida 32232-5023
N
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of + 15.4 acres of active farmland and/or acres of
non-farmland, situated at Suffolk County Tax Map No. plo 1000-107-5-1.1 that is proposed
to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant
to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my
right to require the Town of Southold to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
Project Sponsor
TOWN OF SOUTHOLD
~rvisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
Landowner
BRADL~-'-~' T. SWAIN
2226 Mohegan Drive, Apt. 302
Falls Church, Va. 22043
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the~, day of ~x./-z,4./,~, , 2012, before me personally appeared SCOTT A.
RUSSELL, personally kno,~n to met/or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD;
that he knows the seal of said municipal corporation; that the seal affixed to said instrument
is such corporate seal; and that by his signature on the instrument, the individual, or the
municipal corporation upon behalf of which the individual acted, executed the instrument
and affixed the seal thereto by like order.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
)ss:
PATRICIA L. FALLON
Notary Pubtic, State Of New York
No. 01FA4950146
Qualified In Suffolk County
Commission Expires April 24, ~/-,~
On the ~'~r'day of ~ )~lt4~q4 , 2012, before me personally appeared BRADLEY T.
SWAIN personally know~ to me o~ provided to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to
me that he/she executed the same as owner of the subject premises; and that by her
signature on the instrument, the individual, or the persons upon behalf of which the
individual acted, executed the instrument.
otary Public ~ -
City/County of Fairfax
Commonwealth of Virginia
The foregoing in.s~r~ment w~_ acknowledged
Before me this o'~'-t~ay
Nqtary Public
Notary Registration Number:
My commission expires:~~L~
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
10B Airline Drive
Albany, New York 12235
Division of Land & Water Resources 518~157-2713
Fax, 518~t57-3412
April11,2012
Melissa Spiro
Land Preservation Coordinator
Town of Southold
Dept. of Land Preservation
PO Box 1179
Southold, NY 11971-0959
RE: Waiver - Town of Southold - Suffolk County - Purchase of
Development Rights
Dear Ms. Spiro:
The Department has reviewed documentation submitted by the Town of Southold to waive
the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets
Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1.
The documentation includes a waiver signed by Bradley T. Swain for approximately 15.4 acres of
active farmland located at 1000-107-5-11, Town of Southold.
The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section
371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4)
are deemed waived for acquisition of a conservation easement on the referenced parcel: by the
Town of Southold. Should the project encompass other parcels of .more than one acre from an
active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still
apply to those parcels.
Sincerely,
Manager, Agricultural Protection Unit
cc:
Dave Behm, Farmland Protection Unit
Ken Schmitt, Chair, Suffolk County AFPB
File No.: AP 12/013-W
APR 1 6 2012
DEP'[ OF LAND
PRESERVATION
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (63 l) 765-571 l
Facsimile (63 l) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
March 6, 2012
Robert Somers, Ph.D.
Manager, Agricultural Protection Unit
NYS Department of Agriculture and Markets
1 OB Airline Drive
Albany, NY 12235
Re:
SWAIN to TOWN OF SOUTHOLD
Part of SCTM #1000-107.-5-1.1
Dear Mr. Somers:
Enclosed please find the "Waiver NYS Department of Agriculture and Markets" that was executed by
Southold Town Supervisor Scott A. Russell and Bradley T. Swain as presented at a closing on a
development rights easement on farmland formerly identified as part of SCTM # 1000-107.-5-1.1. Details
regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Bradley T. Swain
Town of Southold
February 9, 2012
D00012684
634
4390 Mill Lane, Mattituck
12.6836 acres
p/o 1000-107.00-05.00~001.001
r~k/a 1000-107.00-05.00-001.004
Please provide me with a written acknowledgment of your receipt of the waiver at your earliest
opportunity. Thank you.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
enc.
N
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New York State Department of Environmental Conservation
Division of Lands & Forests
Bureau of Real Property, 5m Floor
625 Broadway, Albany, New York 12233-4256
Phone: (518)402-9442 · Fax: (518)402-9026
Website: www,dec.ny.gov
Joe Martens
Commissioner
March 14, 2012
Department of Land Preservation
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Attn: Melissa Spiro
Dear Ms. Spiro:
We have received in our office the following conservation easement:
CE: Suffolk 574
Grantor: Bradley T. Swain
Liber: D00012684 Page: 634
The conservation easement cited above has been so identified for our indexing and filing
purposes. This number may be needed for the landowner to claim a conservation easement tax
credit. When contacting this office about this parc. el, pl9ase use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
CLS:gm
MAR ] 9 2012
DEFT. OF LAND
PRESERVATK)N
Carmen L. Story
Acting Land Acquisition Section Chief
Bureau of Real Property
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
March 20, 2012
Bradley T. Swain
2226 Mohegan Drive, Apt. 302
Falls Church, VA 22043
Re~
NYSDEC Conservation Easements Registry
CE: Suffolk 634
Dear Mr. Swain:
Please be advised that the Town's purchase of a development rights easement on property
located at 4390 Mill Lane in Mattituck been officially registered with the New York State
Department of Environmental Conservation. Enclosed is a copy of the information we
received from NYSDEC with your former property's assigned identifier.
If you have any questions regarding the implementation of the Conservation Easement
Tax Credit and your eligibility to claim a tax credit, please contact Carmen L. Story at
NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 634.
Very truly yours,
Sr. Administrative Assistant
enclosure
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
mdissa.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
March 6, 2012
NYSDEC
Bureau of Real Property
625 Broadway, 5th Floor
Albany, NY 12233-4256
Attention:
Carmen L. Story
Acting Land Acquisition Section Chief
Conservation Easements Registry
SWAIN to TOWN OF SOUTHOLD
Dear Ms. Story:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located
within the Town of Southold to be registered with the New York State Department of Environmental
Conservation. Details regarding this easement are as follows:
GRANTORS:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Bradley T. Swain
Town of Southold
February 9, 2012
D00012684
634
4390 Mill Lane, Mattituck
12.6836 acres
p/o 1000-107.00-05.00-001.001
mq~/a 1000-107.00-05.00-001.004
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
el'lC.
cc:
Bradley T. Swain
2226 Mohegan Drive, Apt. 302
Falls Church, VA 22043
P
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S
MELISSA A. SPIRO
EAND PRESERVATION COORDINA IOR
melissa.spiro~t town.southold,ny.us
I'clephone {631 ) 765-571 I
Facsimile (631 765-6640
DEPARTM ENI OF LAND PRESERVATION
I'OWN OF SOUTIIOI.I)
OFFICE LOCATION:
Town I lall 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:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: January 26, 2012
Re:
SWAIN to TOWN OF SOUTHOLD
Part of SCTM #1000-107.-5-1.1
Please be advised that the Town has acquired a development rights easement on the agricultural property
listed below. If you would like additional information regarding the purchase, please feel free to contact
me.
LOCATION:
SCTM #:
PROPERTY OWNER:
CONTRACT DATE:
PURCHASE DATE:
PURCHASE PRICE:
TOTAL PARCEL ACREAGE:
EASEMENT ACREAGE:
RESERVE AREA:
ZONING:
FUNDING:
4390 Mill Lane, Mattituck
part of 1000-107.-5-1.1
Bradley T. Swain
July 21,2011
January 26, 2012
$ 824,434.00 (based on 12.6836 buildable acres
$65,000/buildable acre)
15.4385 acres
12.6836 acres
2.7548 acres
A-C
CPF 2% Land Bank
OWN ER
FORMER O'~NER
TO~VN OF SOUTHO£D PROPERTY RECORD CARD
ISTRE~ Z.f ~_'~ I V'L~G~ ~.~ SUB.
ACR. ! / w',~/'~ ~
TYPE OF BUILDING
v~eadbwl~n0~
Plot--
LAND
AGE
NEW ~' NORMAL
Acr~
rillob[e
A'aodlond
SEAS. i VL. I~L.~/"A J COMA4. CB. MICS. Mkt. Value
- ! DATE
IMI~: TOTAL REMARKS
2- ~:~ ~ J'"
-' j
BUILDING CONDITION
BELOW ABOVE
Value Per Value
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK '
LOT
THIS INDENTURE, made the ~9~ day or danuary
BETWEEN
Bradley T. Swain, as Surviving Joint Tenant of Nancy R. Swain, deceased,
2226 Mohegan Drive, Apt 302
Falls Church, Virginia 22043
2012 and
P.O. BOx 820 (~"~5/)'~(~ '~ .
................ SEE SCHEDULE "A" ATTACH ED ...................
BEING AND INTENDED TO BE tl~ same premises conveyed to the Grantor herein by deed dated July 11, 2008,
recorded September 11,2008 in Liber 12564 Page 670.
Subject to a certain Grant of Development Rights Easement given to the Town o Southo d dated January __, 2012,
which shall be recorded in the Office of the Suffolk County Clerk simultaneously herewith.
Premises commonly known as Vacant Land at 4390 Mill Lane, Mahttock, NY 11952
AND the pmly of thc first part covenants that thc party of the flint pa~ has not done or suffered anything whereby the said premises
have been encumbered in any way whatever, except a~q aforesaid.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above whtten
Bradley(~'. Swain
Acknowledgement taken In New York State
State of New York, County of
On the day of , in the year , before me,
the undemigned, personally appeared
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/sha/thay 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 ol which
the individust(s) acted, executed the instrument.
Acknowledgement by Subscribing Witness taken in New
York State
State of New York, County of
, SS:
On the day of , in the year , before me,
the undersigned, pemonaily appeared
the subsedbieg v/r[ness to the foregoing instrument, with whom
am personally acquainted, who being by me duly sworn, did
depose and say, that he/she/thay reside(s) in
that he/she/they know(s)
to be the individual described in and who executed the
foregoing instrument; that said subscribing witness was
present and saw said
execute the same; and that said witness at the same time
subscribed his/her/their name(s) as a witness thereto.
Title No:
Bradley T. Swain
TO
Cara Properties, LLC.
Acknowledgement taken In New York State
State of New York, County of
, SS:
On the day of , in the year , before me,
the undersigned, personally appeared
satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to
capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s} or the person upon behalf of which
Acknowledgement taken outside New York State
*State of Virgleia , County of,~'1[-~.~'~ ss:
'(or leserl Distdct of Columbia, Territory, Possession-- or
Foreign Country)
On the~day of Jan , in the year 2012, before me,
the undersigned, personally appeared
Bradley T. Swain
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 withle instrument and acknowledged to me
that he/she/they executed the same in his/her/theit capacity(les),
and that by hfs/her/their sfgnature(s) on the instrument, the
individual(s) or the person upon behalf of which the individual(s)
acted, executed the instrument, and that such individual made
.,~r~. ~m'~ar~nce before the undersiqned in the
City/County of Fairfax
Commonwealth of Vir§inia try or
The foregoing instrument was acknowledged
Before me this ~t~,d a y o f'~,, 2 oL~_b y
DISTRICT 1000
SECTION 107.00
BLOCK 05.00
LOT 001.001
Notary Public
Notary Registration Number:
My commission expires: ~,~-~l-,~,f-~--
COUNTY OR TOWN SUFFOLK
RETURN BY MAIL TO:
Distributed By:
All State Abstract Corp.
52 Broadway, Greenlawn NY 11740
631-261-7111 FAX 631-261-7140
Zip No.
SCHEDULE A-1 (Description)
ALL that certain plot, piece or parcel of land, situate, lying and being at Matfituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
Beginning at a monument on the easterly side of Mill Lane at the southwesterly comer of the premises herein described
and the northwesterly comer of the premises herein described and the northwesterly comer of land now or formerly of
Thomas Coliccio & Lisa Silverbush; said monument beihg North 18 degrees 58 minutes 10 seconds West, 300.00 feet as
measured along the easterly side of Mill Lane from its intersection with the northerly side of Wickham Avenue;
Running Thence North 18 degrees 58 minutes 10 seconds West along the easterly side of Mill Lane, 1015.01 feet to land
now or formerly of Lisa Caranciolo & Louis Caracciolo, Jr.;
Thence North 72 degrees 46 minutes 10 seconds East along said land, 652.08 feet to land now or formerly of B & H.
Farms;
Thence along said land now or formerly ofB & H Farms the following two (2) courses and distances:
I. South 20 degrees 50 minutes 10 seconds East, 235.74 feet; and
2. South 20 degrees 09 minutes 00 seconds East, 789.59 feet to land now or formerly of Giaeinta & Raymond
Dohren;
Thence South 76 degrees 25 minutes 20 seconds West along land, 317.37 feet to land now or formerly of Thomas
Colicclo & Loft Silverbush;
Thence South 71 degrees 01 minute 50 seconds West, along said land, 359.76 feet to the monument on the easterly side of
Mill Lane and the point or place of BEGINNING.
~HE POLIC¥ TO BE INSUED under this commitment will insure the title to such buildings and improvements on the premises which
bY law constitute real l~roperty'
FOR CONI'EYANClNG ONL y: Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I (Description)
A
E
R
I
A
L
S
YEA~: 2006
I~QU~FW #: 2946682,3
YEAR: 1994
= 750'
IOLilflY #: 2946682.3
YEAR: 1985
I = lOOO'
980 ~.
= 750'
YEAR: 1976
750'
YEAR: 1969
YEAR: 1961
YEAR: 1957
750'
YEAR: 1954
S
U
R
V
E
Y
SURVEY OF PROPERTY
A T MA TTITUCK
TOWN OF $OUTHOLD
SUFFOLK COUNTY, N.Y.
lO00-107-05-LI
SCALE: 1~-60'
dULY 28, 2011
AUGUST 19, 2011 (REHSION)
NOVEMBER 18, 2011 (REt,1SI~N)
Dec. 5, 2011 (Revisions)
FINAL
SURVEY
BEPT OF LAND
PRESEi~VATIObl
N/O/~
LISA CARACCIOLO ~ LOUIS CARACClOLO dR.
N72°~6'IO"E
120,000 SO. FT.
N/O/F
LISA CARACClOLO ~ LOUIS CARACClOLO dR.
/ TOWN OF SOU~7~OLD DEVELOPMENT RIGHTS
I .~.~',v ~m ~m¢~ 652.08
RESERVE AREA
OR 2.754.8 ACRES
FARM
DEVELOPMENT RIGHTS EASEMENT AREA
552,500 SO. FT. OR 12.68.36 ACRES
HELD
/
ol's I 559.76'
N/O/F T740MAS COLICCIO · LORI SILVERBUSH
N/O/F~A~N~
~AYMOND DOHREN
FICKHAM
A VENUE
CERTIFIED TO:
TOWN OF SOUTNOLD
BRADLEY T. SWAIN
FIDELITY NATIONAL TITLE INSURANCE COMPANY
AREA=IS,4885 ACRES
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A %40LA~70N
OF SECTION 72090F THE NEW YORK STATE EOUCATION LAW.
EXCEPT AS PER SECBON 7209-SUBDIWStON 2. ALL CERTIHCATIONS
HEREON ARE VAUO FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE BIGNA ~JRE APPEARS HEREON,
LIC. NO. 4961
P.C,
FAX (651) 765-1797
P.O. BOX 909
~£~0 TRAVELER STREET !I--I 77
SOUTHOLD, N.Y. 11971
A
E
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I
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L
M
A
P
Swain
TOwn Development
Rights Purchase
l~lap Prepared by
Town of Southold
July 6,
Bradley T, Swain
Part of SCTM
#1.000 _1,07. ~ 1.1