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HomeMy WebLinkAboutLegal - Summer 2000;Working Easements on neighboring properties;McBride parcel 2001 purchase & Env. Assessment ELIZABETH A. NEVILLEo`1` GZ� Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 co ae Southold, New York 11971 REGISTRAR.OF VITAL STATISTICS v. � MARRIAGE OFFICER O � yC Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER 0'� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 466 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2003: WHEREAS, there has been temporary easement agreements executed in 2001 in connection with the capping of the Landfill, and WHEREAS, those temporary easement are no longer needed for the purpose for which they were acquired, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute termination of temporary easement agreements with the following Reputed Parcel Owners: Temporary Easement#I B Reputed Owner John Krupski, Jr. SCTM# 1000-95-2-p/o 1.001 Temporary Easement#1C Reputed Owner Frank McBride SCTM# 1000-83-3-p/o 6.001 Temporary Easement#2A Reputed Owner Bayberry Enterprises SCTM# 1000-84-3-p/o 3 Temporary Easement#2B Reputed Owner Blast Holding LLC SCTM# 1000-84-3 1-p/o 5 Temporary Easement#3A Reputed Owner Corazzini, Richard W., Jr. SCTM# 1000-84-1-p/o 26.002 Temporary Easement#3B Reputed Owner Jericho Corp. SCTM# 1000-84-1-p/o 26.003 Temporary Easement#4A Reputed Owner Frank Lybert and Donna Lyburt SCTM# 1000-96-11-p/o 16 Temporary Easement#4B Reputed Owner First Baptist Church of Cutchogue SCTM# 1000-96-11-p/o 13.001 Elizabeth A. Neville Southold Town Clerk o��S�FFO(Kco .LAMES BUNCHUCK =� Gy� P.O. Box 962 SOLID WAS'T'E COORDINATOR � Cutchogur, Now York 11935-0962 Tel: (631) 734-7685 Fax: (631) 734-7976 SOUTHOLD TOWN SOLID WASTE DISTRICT June 22, 2001 MEMORANDUM TO: Greg Yakaboski FROM: �*m Bunchuck SUBJECT: Trespass on Landfill Easements/Cox Lane Access Route A walk-through today on the Town's access route from Cox Lane to the Landfill by Dvirka and Bartilucci and myself revealed that machinery and materials belonging to Corrazzini and to BP Wreckers are still present on Town property and cap construction easements. It appears it may take considerable time for these items to be moved. This is despite several past assurances made to me that these areas would be cleared and, in the case of Corrazzini, an agreement by the Town to compensate him for clearing of the easement. As the scheduled access route for Terry Contracting, this property is where Terry will begin his work, which involves fencing the property lines, clearing the land of vegetation, and filling in a large sump. We are now days away from approving all of Terry's submittals, which clears the way for the Town to give him the Notice to Mobilize. At that time, the Town would be subject to delay claims by Terry if these areas are not available for his use. To guard against this, I urge you to advise Corrazzini and Bob Pfluger that their materials and equipment must be removed from the Cox Lane corridor by Wednesday, June 27. 1 further suggest that they be told that the Town will hold them liable for any potential delay claims that may arise as a result of their failure to do so. I think it is important to notify Pfluger and Corrazzini of these circumstances as soon as possible. Thanks for your quick attention to this matter. Please let me know if you have any questions. cc: Town Board Members • OSVFF��/I' JEAN W. COCHRAN GREGORY F.YAKABOSKI �Z.�� C��jy Supervisor TOWN ATTORNEY W Z Town Hall, 53095 Route 25 Ati P.O. Box 1179 MARY C.WILSON ,j, Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �Ql �a� Telephone (631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Jim Bunchuck Landfill From: Gregory F. Yakaboski, Esq. Town Attorney Date: March 1, 2001 Re: Landfill Closure With reference to my memo dated February 26, 2001, 1 am passing along information I received from John Cushman, per his memo of the same date. Apparently I misunderstood his phone message. To prevent any further miscommunications, I am taking myself out of the "loop" regarding the EFC issue. I trust that in your capacity as "Chief of the Landfill Capping", you will be able to figure this out (with John Cushman's help) any concerns regarding funding. �j Thanks. j`'. Greg G FY/md V11 C� attachments cc: John Cushman, Town Comptroller w/o attachments l S:\Attorney\GREG\MELANIE\GREG\memo(GFY).doc 02/26/01 MON 15:50 FAX 516 765 1366 Southold Town ACCounting 4001 F4t ACCOUNTING&FINANCE DEPT. �C TOWN HALL ANNEX John A Cushman,Town Comptroller Feather Hill,Building 10 Telephone(631)765-4333 620 Traveler Stract Fax(631)765-1366 w P.O.Box 1179 E-mail: us accounting Clown.southold.n . Y �,�0® .Southold,NY 21971-0959 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR To: Greg Yakaboski From: John Cushman Date: February 26, 2001 Re: Southold Landfill Closure Easements I believe that the assumption stated in your memorandum dated today regarding the above is inaccurate. While EFC will not provide financing for the easements, I believe that the Town may borrow funds independent of EFC, but under the same bond resolution, to pay for easements. Therefore,easement costs can remain a Capital expense, and need not come out of the District You may wish to verify the above with bond counsel, and if correct, advise the appropriate parties. pECEE W FEB 2 6 2001 TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOW OSVFF�(/�'C JEAN W. COCHRAN 0�► QG GREGORY F.YAKABOSKI Supervisor = y� TOWN ATTORNEY h Z Town Hall, 53095 Route 25 P.O. Box 1179 MARY C.WILSON • 'F Southold,New York 11971-0959 ASSISTANT TOWN ATTORNEY y�0 a�! Telephone (631) 765-1889 1 J �` Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Frank Isler, Esq. Jerry Fernandez, Esq. Jim Bunchuck, Landfill From: Gregory F. Yakaboski, Esq. Town Attorney Date: February 26, 2001 Re: Southold Town Landfill Closure - easements Tom Maher recently informed our Town Comptroller, John Cushman, that the EFC will not provide financing for the easements required for the landfill capping project. The funds will need to come out of the district. Please keep this information under advisement. /md cc: Supervisor Cochran Town Board John Cushman, Town Comptroller S:\Attorney\GREG\MELANIE\GREG\memo(GFY).doc JAMES BUNCHUCKP.O. Box 962 SOLID WASTE COORDINATOR Cutchogue, New York 11935-0962 nZi Tel: (631) 734-7685 Fax: (631) 734-7976 SOUTHOLD TOWN September 6, 2000 SOLID WASTE DISTRICT MEMORANDUM TO: Greg Yakaboski FROM: atm Bunchuck SUBJECT: Contacting Property Owners re: Landfill Construction Easements As you requested,I have attempted to contact seven of the nine owners of property adjacent to the landfill from whom we need construction easements, in an attempt to set up meetings starting tomorrow(Friday 8t'). The results of this effort are as follows: • Corazzini Asphalt—left message with office,AND paged Richard(Jr);no response as yet; • Robert Pfluger—cannot meet on the 8h; should be available sometime next week,but we'll have to call him then to confirm; • Bayberry Enterprises(Bob Schroeder) —cannot meet on 8`h;will call next week to let me know his schedule; • Frank McBride-has no interest in discussing a temporary easement;does not want to take property back after the Town uses is; will only discuss selling his entire parcel.to the Town; I told him that was a separate issue I couldn't really address; he reiterated that he will only discuss a sale and will"ONLY talk with Jean Cochran"about it; • First Baptist Church(Reverend Fulford)—No answer; • Alma Williams(Retirement Management Co.?)—No answer; however,I don't think she is the property owner. If it is Retirement Management Co., I do not have their tel. #; • John Krupski—listed phone#(734-6046)not in service. Some concerns I have after making the calls: 1) Someone wanted to know what the Town's price was but I said I didn't know. I think appraisal values should be discussed at the meetings; 2) Which raises the question:what if someone is unhappy with the Town's offer or is unwilling to entertain an agreement(a.k.a., McBride)?; At the meetings,the Town's position re:failure to reach agreement should be clear and unambiguous; 3) As for McBride,he is clearly NOT interested in discussing this. He wants only to talk about an outright sale. He doesn't care about the distinction between the Town's need for a construction easement now for capping the landfill,and the Town's potential interest in acquiring his property for long term use. The Board needs to determine how to handle this situation. In any case,it appears there will be no meetings with property owners on the e I plan to brief the Board on all of this next Tuesday. MEMORANDUM re:Easement Calls p.2 Also, I'm not sure that my making these calls is the best way to get everyone to the table. Might I suggest that letters be sent to the owners from you or Jean(as was done when the Town contacted them initially)stating that the Town is ready to make formal proposals for the easements,and requesting them to meet with us by a specific date to discuss them? Even if this puts us a little behind schedule, I think it would generate a better response. Then, if we don't hear from someone by the `due' date, we follow up with calls (from the Attorney's office)? I welcome any comments you may have. Jim Gray Corazzini Asphalt 734-5600 y� 7S Bob Pfluger 734-7939 Ans Bayberry Enterprises 765-4175 d fir/ c�'h�'r�'"` '` Bobby Schroeder Frank McBride 734-6068 �3 4"S���G C� '`'`� 7 3 `r 7 Frank Libert 734-7596 First Baptist Church 734-6108 Reverend Fulford Alma Williams 734-2228 John Krupski 734-6046 S41c'-4- tK ��reC�S a(� � C JEAN W. COCHRAN Supervisor GREGORY F.YAKABOSKI c yl TOWN ATTORNEY - W Z Town Hall, 53095 Route 25 � P.O. Box 1179 MARY C.WILSON 4,1 0! ;i: Southold, New York 11971-0959 Telephone (631) 765-1889 ASSISTANT TOWN ATTORNEY � �' Fax (631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD ATTORNEY/CLIENT CONFIDENTIAL COMMUNICATIONS To: Jim Bunchuck From: Gregory F. Yakaboski, Esq. ' Mary C. Wilson, Esq. Date: August 29, 2000 Re: Landfill Capping- Construction Easements- Status Report Jim: Following is an update on the Construction Easements. The easements will either be acquired by agreement or pursuant to the Eminent Domain Law. To date we have: 1) a survey setting forth a metes and bounds description of the easements needed. (the survey did not contain tax map numbers which I am having the surveyors correct); 2) Appraisals of the easements; 3) Title Reports have been ordered and will be completed in short order; 4) Legal Descriptions are being drawn up; and S) D&B has reviewed and confirmed the easements described in the survey. Acquired by agreement: The process is straight forward. The Town offers the properly owner 100%of the appraised value. If accepted an easement is signed between the Town/Solid Waste District and the property owner for 18 months. Acquired by eminent domain: Again, the process is straight forward. The key here is to understand that while the property rights needed for this project can (and will, if necessary) be expeditiously obtained pursuant to eminent domain a protracted fight could occur over the question of proper compensation. Simply put,the eminent domain process involves: 1) a public hearing on the necessity and impacts of the project (I believe the Town is exempt from this step given that we are capping the landfill pursuant to Court order and D&B states that it is mandatory that the Town have the easements to construct the landfill cap pursuant to DEC rules and regulations. 2) The easements must be legally described. [completed] 3) The Town must have the easements appraised. [completed] 4) The Town must offer 100%of the appraised value. [Per the pian you and I will be contacting the property owner this week] 5) If the offer is rejected the Town files(following a procedure set forth in the law) a "map" of the property to be acquired for public purposes and Title vests in the Town. (Any fight over compensation continues however, the crucial point is that the Town has the property it needs.) I suggest a copy of the survey and a copy of the legal descriptiomof the easements be forwarded to D&B for inclusion in the contract documents. Please call with any questions. CC: Jean W. Cochran, Supervisor Town Board Members OSlFFD(,�`O 0 JEAN W. COCHRAN GREGORY F.YAKABOSKI �� �y Supervisor TOWN ATTORNEY o COD Z Town Hall, 53095 Route 25 W_ P.O. Box 1179 W_ MARY C.WILSON ?'� • O�� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �l �a Telephone(631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Supervisor Cochran Jim Bunchuck From: Mary C. Wilson, Esq. Assistant Town Attorney Date: March 21, 2000 Re: Landfill Construction Easements Attached is the survey dated March 6, 2000, prepared by John Schnurr of Young & Young Land Surveyors. This map indicates the proposed construction and working easements at the landfill. /md 0 0 S\1FFO1� ACCOUNTING&FINANCE DEPT. �O�p -cop TOWN HALL ANNEX John A. Cushman,Town Comptroller y Feather Hill,Building 10 Telephone(631)765-4333 y = 620 Traveler Street Fax(631)765-1366 � • P.O.Box 1179 E-mail:accounting@town.southold.ny.us yifJol �� Southold,NY 11971-0959 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR To: Jim Bunchuck From: John Cushman Date: November 28, 2001 Re: Corazzini Easement With regard to above easement, a copy of which I received today, I understand from you that Corazzini did not clear the easement area by June 1, 2001; therefore the additional $4500 in paragraph 6 is not due. In addition, I understand that Corazzini continues to encroach on Town property. On the advice of outside counsel (Frank Isler), we will not release the easement payments the encroachment is removed. Please advise me immediately when the encroachment on Town property is removed. Your attention to this matter is appreciated. cc: Greg Yakaboski O��SUFF01 �o JEAN W. COCHRAN GREGORY F.YAKABOSKI �� J� Supervisor TOWN ATTORNEY H Z Town Hall, 53095 Route 25 Oy �� P.O. Box 1179 MARY C.WILSON Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY '� Telephone (631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Solid Waste Coordinator From: Gregory F. Yakaboski, Esq. Town Attorney Date: July 3, 2001 Re: Temporary Construction Easement Agreements • 372 Jericho Corp. • Corazzini • Krupski Wilson (Lyburt) Jim: My files indicate that you may not copies of these easement agreements that I have enclosed for your records. Greg /md encs. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Easement Agreement, made the. day of , 2001,by Frank Lyburt, III and Donna Lyburt,residing at 400 Church Lane, Cutchogue,New York, the party of the first part, hereinafter collectively called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York,having its principal office at 53095 Route 25, Southold,New York,party of the second part,hereinafter called the Grantee. WITNESSETH: WHEREAS,the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Grantor's premises,hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, 1 NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants,transfers,bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area,unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does hereby covenant and agree as follows: 1. Grantee,it agents, employees and contractors and their subcontractors, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement.. 2. The Easement Area shall be utilized in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold landfill. The Heavy equipment,including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment,materials, sand, gravel and other items related to the construction project. 3. This easement shall be temporary in term and shall be terminated in writing by the Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 2 0 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 100.00 per month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. Payments shall commence as of the first day of the month following the execution of this agreement. 5. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Area and placing a growth medium comprised of fabricated top soil (composed of leaf compost and sand) and seeding grass to re-establish vegetation cover. An erosion control blanket and dormant seed will be used depending upon the time of year. Irrigation, if needed,will be provided until the termination of this Easement Agreement. In addition,the Landfill fence will be restored around the perimeter of the property owned by Grantee. Additional restorative steps, if any, to be made by Grantee are set forth in Schedule C annexed hereto. 6. Grantee and its agents will only access the easement area from the landfill property and will not utilize any other portion of the Grantor's property for access. 7. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's use and occupancy of the Easement Area. 8. The Grantee represents that there will be no discharge of hazardous substances nor deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor harmless against any cause of action,loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees 3 and costs, arising out of Grantee's breach of this representation. 9. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. A certificate to this effect will be provided to Grantor upon Grantor's request. 10. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto,be immediately binding upon the Grantor,his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. 11. Grantor represents that grantor is in possession of the property described in Schedule A annexed hereto; and that grantor is authorized and has the right, power,title, and interest to grant the temporary easement herein over the easement area described in Schedule B annexed hereto. Grantor acknowledges that the Grantee,in entering into this agreement, is expressly relying upon the Grantor's representations set forth herein. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRANTOR By: Jean W. Cochran, Town Supervisor co - J, SCWTHOLD TOWN SOLID WASTE ��/RANIKVYBU/I(T, III MANAGEMENT DISTRICT DONNA LYBURT 4 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the r day of in the year XO$ befor�M e, he undersigned, a Notary Public m and for said State,personally appeared oil ,personally known to me or proved to me on the basis of satisfactory evi ence to be the individual(s)whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s)acte executed the instrument. tary Public ROKI NOTARYUBLIC Sae oS New York No.01 D04634870 °���" CommissioniitExpires September 3in Suffolk 0 d'l STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the Y— day of r« in the year o f before me,the undersigned, a Notary Public in and for said State,personally appeared FRANK LYBURT,III,personally known to me or proved 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,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. Pte,State of Now No.4845 Notary blic Cluaried in 3utto�t c*&-&dw aoa,0 a3 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the day ofd,,, d'in the year 2-OP I before me,the undersigned,a Notary Public in and for said State,personally appeared DONNA LYBURT,personally known to me or proved 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 she executed the same in her capacity, and that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. JUNEANN 0.ZARZECK! Notary Pub Notary Public,State of New York No.4961037 Qualified in SJffolk Cir My Commisskm irss Jars.tt, Lvp y Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, Suffolk County, New York, bounded Northerly by the Southold Town dump about one hundred forty-two (142) feet; Easterly by Southold Town Road, about ninety-eight (98) feet; Southerly by land of F. Best about one hundred forty-two (142) feet and Westerly by the "Driveway" about ninety-eight (98) feet. BEING AND INTENDED TO BE THE SAME PREMISES as described in deed dated June 27, 1941 and recorded on December 5, 1941 in Deed 2264, page 393. SCHEDULE B Easement No. 4A 10' Wide Construction and Working Easement Through lands of Arnold W. Wilson & Roland Wilson ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the north easterly corner of the aforesaid easement said point or place of beginning being further described as the following two (2) courses and distances from the intersection of the westerly side of Middle Road (County Route 48), with the north easterly corner of lands now or formerly the First Baptist Church of Cutchogue: 1. North 39 deg. 28 min. 14 sec. West 75.58 feet, 2. North 58 deg. 01 min. 34 sec. West 399.05 feet to the point or place of beginning; THENCE southerly through lands now or formerly of Arnold W. Wilson and Roland Wilson South 19 deg. 27 min. 36 sec. West 142.00 feet to land of now or formerly of the First Baptist Church of Cutchogue; THENCE westerly along lands now or formerly of the First Baptist Church of Cutchogue North 58 deg.-01 min. 34 sec. West 10.24 feet to lands of the Town of Southold; Thence northerly and easterly along lands of the Town of Southold the following two (2) courses and distances: 1. North 19 deg. 27 min. 36 sec. East 142.00 feet, 2. South 58,deg. 01 min. 34 sec. East 10.24 feet to the point or place of BEGINNING. HF'.DT T F 1 . Prior to or at the commencement of the project, the Grantee shall, at its sole cost and expense, furnish a new cesspool with the equivalent function to the existing pool . The existing pool shall be abandoned. Alternatively, the Grantee can, at its sole cost and expense, install a new septic system and fill in the existing one . The Grantee shall accept the new location of the cesspool or septic system and the Grantee will not be required to relocate the system to its pre-easement location, regardless of which option is selected. 2 . The Grantee shall relocate either or both of the peach trees located in or near the easement area as may be required in order to utilize the Easement Area. At the termination of the easement, the Grantee shall relocate either or both trees to its original location. In the event either tree is damaged due to the use of the Easement Area by the Grantee, the Grantee shall replace the tree with one of similar size and height at the time the easement terminates . 3 . All other structures, vegetation and materials located within the Easement Area may be removed by the Grantee and same shall not be restored or replaced at the termination of the easement . TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Easement Agreement, made the 13day of March, 2001, by Francis J. McBride, residing at Oregon Road, Cutchogue, New York, the party of the first part, hereinafter called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Grantor's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, 1 NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does hereby covenant and agree as follows: 1. Grantee, it agents, employees and contractors and their subcontractors, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement.. 2. The Easement Area shall be utilized in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold landfill. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project. 3. This easement shall be temporary in term and shall be terminated in writing by the Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 2 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement x/67 Area, the sum of month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. Cv Payments shall commence as of the first day of the month following the executio of this au�r? ement. Grantor's acceptance of this rental agreement is not an admiMsion as to value of the property, but Grantor accepts the rental amount for purposes of this Temporary Easement. 5. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Area and placing a growth medium comprised of fabricated top soil (composed of leaf compost and sand) and seeding grass to re-establish vegetation cover. An erosion control blanket and dormant seed will be used depending upon the time of year. Irrigation, if needed, will be provided until the termination of this Easement Agreement. In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee.and nursery stock now on easement area will be replaced in kind if removed or damaged. 6. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's and its agents' use and occupancy of the Easement Area. The Grantee represents that there will be no discharge of hazardous substances nor deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. A certificate to this effect will be provided to Grantor upon his request. 7. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRANTOR CoCV')� o SO HOLD TOWN SOLID WA TE FRANCIS J. BRIDE MANAGEMENT DISTRICT 4 STATE OF NEW YORK) ) sa: COUNTY OF SUFFOLK) On the%3 day of March in the year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared FRANCIS J. MCBRIDE, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 'KH NIA g81CAIL�.\f+J , hEotarY Publa y?S�t.E�t2f;'ilew York STATE OF NEW YORK) ��'fdlfc ccunw pVr,,,ified in r:;;e.30,��-L ss.: lir+�it3 S EXE i''^ ° �.`G�iYif�' COUNTY OF SUFFOLK) --.---- - -- ""r On theC(fl day of March in the year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared ; eg r1 W. l bCkrMn , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. MARY C.WILSON Not4ry Public, State of New ylt Notary Public No. 02WI6043236 Qualified in Suffolk County Commission Expires June 12, AW.. r 5 Schedule B - Easement No. 1 C 40' Wide Construction and Working Easement Through Lands of Frank J. McBride ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly corner of lands of the Town of Southold and the northeasterly corner of lands now or formerly of John P. Krupski, said point or place of beginning being the following three (3) courses and distances from the westerly side of Middle Road (County Route 48) and the northeasterly comer of lands now or formerly of Frank J. McBride: 1. North 55 deg. 22 min. 34 sec. West 369.25 feet, 2. North 56 deg. 31 min. 24 sec. West 480.80 feet, 3. North 55 deg. 16 min. 24 sec. West 965.23 feet to the point or place of beginning; THENCE westerly along lands now or formerly of John P. Krupski North 55 deg. 16 min. 24 sec. West 40 feet plus or minus; THENCE northerly through lands now or formerly of Frank J. McBride North 31 deg. 41 min. 26 sec. East 557 feet plus or minus to lands of the Town of Southold; THENCE easterly and southerly along lands of the Town of Southold the following two (2) courses and distances: 1. South 57 deg. 55 min. 34 sec: East 40.00 feet., 2. South 31 deg. 41 min. 26 sec. West 5,8.77 feet to the point or place of BEGINNING. '�,? a � a Schedule A "26.7" acres, south of Oregon Road Beginning at a point on the southerly line of Oregon Road about 1500 feet easterly from Depot Lane, and being the northwesterly corner of the premises adjoining land of John Krupski; running thence easterly along said line of Oregon Road 30 feet, more or less,to land of Zuhoski; thence southerly along said land 825 feet, more or less; thence easterly along said land 355 feet, more or less,to land of Glover; thence southerly along said land and along land of Town of Southold 641 feet, more or less; thence continuing along said land of Town of Southold, 3 courses: (1) westerly 388 feet, more or less;thence (2) southerly 519 feet, more or less;thence(3) westerly 559 feet, more or less, to other land of McBride; thence northerly along said land 8.0 feet to land of Krupski; thence continuing along said land 3 courses: (1)northerly 1743 feet, more or less; thence (2) easterly 483 feet,more or less; thence (3)northerly 155 feet, more or less, to the point of beginning. Containing 26.7 acres,per Suffolk County Tax Map, from which also the dimensions of the tract have been cited. SC-NT BY: MOORS LAW OFFICES; 631 765 4643; MAR-8-01 15:09; PAGE 3 0a 1 G��NA TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Easement Agreement, made the _day of March, 2001, by 372 Jericho Corp., residing at 150 Bergen Avenue, Mattituck, New York the patty of the first part, hereinafter called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Granter's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B atuiexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, 1 SENT BY: MOORE LAW OFFICES; 631 765 4643; MAR-* 15:09; PAGE 4 NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does hereby covenant and agree as follows: 1. Grantee, it agents, employees and Contractors and their subcontractors, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement.. 2. The Easement Area shall be utilized in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold landfill. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project. 3. This easement shall he temporary in term and shall be terminated in writing by the Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 2 SENT BY: ,MOORE LAW OFFICES; 631765 4643; MAP- - 1 15:00; PAGE 510 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 105.55 per month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. Payments shall commence as of the first day of the month following the execution of this agreement. 5, Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Arca and placing a growth medium comprised of fabricated top soil (composed of leaf compost and sand) and seeding grass to re-establish vegetation cover. An erosion control blanket and dormant seed will be used depending upon the time of year. Irrigation, if needed, will be provided until the termination of this Easement Agreement, In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee. 6. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's and its agent's use and occupancy of the Easement Area. The Grantee represents that there will be no discharge of hazardous substances not deposit of landfill materials in the Easement Area. The Grantee.will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. 3 SENT BY: JIOORE LAW OFFICES; 631 765 4643; MAR- 1 15:09; PAGE 6/9 A certificate to this effect will be provided to Grantor upon Grantor's request. 7. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. 8. Grantor represents that grantor is in possession of the property described in Schedule A annexed hereto; and that grantor is authorized and has the right, power, title, and interest to grant the temporary easement herein over the easement area described in Schedule B annexed hereto; and the execution of this Easement Agreement has been duly authorized by the Grantor's Board of Directors. Grantor acknowledges that the Grantee, in entering into this agreement, is expressly relying upon the Grantor's representations set forth herein. . IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRANTOR SOUTHOLD TOWN SOLID WASTE 372 JERICHO CORP. MANAGEMENT DISTRICT ' By: c�C By: 4 SENT.BY: .MOORE LAW OFFICES; 631 765 4643; MAR- 1 15:10; PAGE 7/9 STATF,OF NEW YORK) ) sa: COUNTY OF SUFFOLK) On the L2 day of March in the year 2001 before me, Oe undersigned, a Notary Public in and for said State,personally appeared tat 6�, 1/ 9G�(„ ,personally known to me or proved to me on the basis of satisfactory evident to be the individual(s) whose name(s)is (are) subscribed to the within, instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s)on the Inst. ent, the individual(s), or the person on behalf of which the individual(s)acted, executed the instru LOUIS J.MACARI Notary Public,State of New York All N.r.02MA7644505 Qualified in Wassau Coun O 0 Otary Public Commission Expires May 31, STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) On the 10 day of March in theear 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared , e C-t-r-� , personally known to me or proved to me on the basis of satisfactory 4idence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(&), or the person upon behalf of which the individual(s)acted, executed the instrument. Notary Public BARBARA ANN RUDDER Notary Public,S�tate4of New York No,Qualified in Suffolk County Commission Expires April 14,s 5 SI NT.BY: MOORE LAW OFFICES; • 631 765 4643; MAP- 1 15:10; PAGE 819 Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of' Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a paint on the northwesterly side of Middle Road (C.R. 48) at the southwest corner, adjoining land of John Wickham; RUNNING THENCE along said land the following two (2) courses and distances: 1) North 56 degrees 55 minutes 50 seconds West 270.00 feet; 2) South 23 degrees 14 minutes West 100.73 feet to land of Southold Town; RUNNING THENCE along said land North 57 degrees 17 minutes 50 minutes West 180.71 feet to land of Corazzini, formerly of Pletzewicz; THENCE along said land North 29 degrees 30 seconds 40 minutes East 707.52 feet to the southwesterly line of Cox Lane; THENCE along said land South 60 degrees 29 minutes 20 seconds .East 369.00 feet; THENCE on an are bearing to the right with a radius of 71.52 feet, a distance of 122.80 feet to the northwesterly line of Middle Road (C.R. 48); THENCE southerly along said line on an arc with a radius of 1969.86 feet a distance of 377,37 feet; THENCE South 26 degrees 14 minutes 30 seconds West 175.95 feet to the point or place of BEGINNING. SENT SY: MOORS LAW OFFICES; 631 765 4643; MAR- 1 15:10; PAGE 9/9 SCHEDULE 8 Easement No. 38 40' Wide Construction and Working Easement Through lands of Pudge Corp. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at'Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the south westerly corner of lands now or formerly of Pudge Corp., said point or place of beginning being the following four(4)courses and distances from the southerly side of Cox's Lane and the north westerly corner of lands now or formerly Richard W_ Corazzini: 1. South 37 deg. 28 min. 56 sec. West 598.55 feet, 2. North 45 deg. 40 min. 34 sec. West 41.40 feet, 3. South 21 deg, 10 min. 16 sec. West 101.28 feet, 4_ South 58 deg. 56 min. 24 sec. East 502.38 feet to the point or place of beginning; THENCE northerly along lands of now or formerly Richard W. Corazzini North 27 deg. 52 min. 06 sec. East 40.06 feet; THENCE easterly through lands now or formerly of Pudge Corp. South 58 deg. 56 min. 24 sec. East 176.27 feet to the lands now or formerly of Joseph Schoenstein; THENCE southerly along lands now or formerly of Joseph Schoenstein South 21 deg_ 35 min. 26 sec. West 40.55 feet to lands of the Town of Southold; THENCE westerly along lands of the Town of Southold North 58 deg. 56 min. 24 sec. West 180.71 feet to the point or place of BEGINNING. < , Now TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Easement Agreement, made the��ay of March, 2001, by John P. Krupski, Jr., residing at 14 Compass Court, Huntington, New York the party of the fust part, hereinafter called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Grantor's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, I NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does hereby covenant and agree as follows: 1. Grantee, it agents, employees and contractors and their subcontractors, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement.. 2. The Easement Area shall be utilized in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold landfill. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project. 3. This easement shall be temporary in term and shall be terminated in writing by the Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 2 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 11.11 per month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. Payments shall commence as of the first day of the month following the execution Grantor's acceptance of this rental amount is not an of this agreement. admission as to value of the property, but Grantor accepts the rental amount for purposes of this Temporary Easement. 5. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Area substantially to its current grade, replacing trees removed, if any, with you street trees of the same type, and placing a growth medium comprised of fabricated top soil (composed of leaf compost and sand) and seeding grass to re-establish vegetation cover. An erosion control blanket and dormant seed will be used depending upon the time of year. Irrigation, if needed, will be provided by Grantee at its sole cost and expense for two (2) years following replanting of trees, and for one (1)year after planting of seed, provided that the Grantor provide Grantee access to the former easement area for irrigation purposes at no additional cost to Grantee. In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee. 6. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's and its agents' use and occupancy of the Easement Area. 7. The Grantee represents that there will be no discharge of hazardous substances nor deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor harmless against any cause of action, Ioss, 3 r liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. 8. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. _ A certificate to this effect will be provided to Grantor upon Grantor's request. 9. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRANTOR �'V• �Sri OC , SO OLD 'TOWN SOLID WASTE JO N P. UPS , JR. MANAGEMENT DISTRICT 4 r STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the )2-day of March in the year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN P. KRUPSKI, JR.., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/t it capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the personpon be if of which the individual(s) acted, executed the instrument. r 1 ABIGAIL A.WICKHAAPA otaryAiblic Notary Public,State of New York No.62-4642379 Quaiified in suffoo<County Carrrniiss'',Gn Expires Sept.30,W, ? 1 ss: COUNTY OF SUFFOLK) On the W'ZIay of March in the year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Jean UJ. Cc&ran , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. MARY C.WILSON —j6&. Notary Public, �'-,r,York Notary Public C1uMff d n ,u` Gua qty Com is< on xr _ o'oa;L 5 ,y Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded as follows: on the North by Oregon Road; on the West by Depot Lane and land of John P. Krupski Bros., Inc.; on the South by lands of Goodwin, Corby and McBride; and on the East by land of McBride, containing approximately 51.2 acres. BEING AND INTENDED TO BE the same premises devised in Article "Second", Paragraph "a" under the Last Will and Testament of said John P. Krupski. Schedule B Easement No. 1 B 40' Wide Construction and Working Easement Through Lands of John P. Krupski ALL that certain plot, piece or parcel of land; with the buildings and improvements thereon erected, situate,.lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly comer of lands of the Town of Southold and the northeasterly comer of lands now or formerly of John'P. Krupski, said point or place of beginning being the following three (3) courses and distances from the westerly side of Middle Road (County Route 48) and the northeasterly corner of lands now or formerly of Frank J. McBride: 1. North 55 deg. 22 min. 34 sec. West .369.25 feet, 2. North 56 deg. 31 min. 24 sec. West 480.80 feet, 3. North 55 deg. 16 min. 24 sec. West 965.23 feet to the point or place of beginning; THENCE southerly along lands now or formerly of John P. Krupski South 31 deg. 41 min. 26 sec. West 40 feet plus or minus; THENCE westerly and northerly through lands now or formerly of John P. Krupski the following (2) two courses and distances: 1. North 55 deg. 16 min. 24 sec. West 40 feet plus or minus;_ 2. North 31 deg. 41 min. 26 sec. East 40 feet plus or minus to lands now or formerly Frank J. McBride; Thence easterly along lands now or formerly Frank J. McBride South 55 deg. 16 min. 24 sec. East 40 feet plus or minus to the point or place of BEGINNING. y ` 3-15-01 ; 2:44PM;SMITH eINKaLSTaIN • ;6317274130 # 3/ 10 y TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Easement Agreement, made th .—day of ja4, 2001, by Richard W. Corazzini, Jr., residing at Nassau Point Road, Cutchogue, New York, the party of the first part, hereinafter called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Grantor's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, 1 . ~ . 3-15-01 ; 2:44PM;SMITHOKELSTE IN • ;6317274130 # 4/ 10 NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does hereby covenant and agree as follows: 1. Grantee, it agents, employees and contractors and their subcontractors that are actually involved in the Landfill construction project, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement. 2. The Easement Area shall be utilized solely in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold landfill, and for no other purpose. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project. Access to the Easement Area shall be solely from the Grantee's property known as the Southold Landfill. 3. This easement shall be temporary in term and shall be terminated in writing by the 2 • 3-15-01 ; 2.44PM;SMITH#KELSTEIN • ;6317274130- # 5/ 10 Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 322.22 per month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. Payments shall commence as of the first day of the month following the execution of this agreement. 5. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Area so that run-off, if any, from Grantee's property is directed to Grantee's recharge basin and not onto Grantor's property, and by placing a growth medium and seeding to re-establish vegetation cover. In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee. 6. Grantor shall remove�stockpiled materials, equipment and other debris from .luny the Easement Area by_Aj;r4 1, 2001. In addition, the Grantor shall relocate the large tank that partly encroaches onto the Grantee's property to the north of the Grantor's property. Provided Grantor has cleared the easement are to the J v;4 e— satisfaction of the Grantee and has relocated the aforesaid tank by-> pffl 1, 2001, the Grantee will pay to the Grantor the sum of$ 4,500.00 for the cost to clear the easement area. If the Grantor fails to clear the easement area by-AgWA 1, 2001, the Grantee can do so at its sole cost and expense. 'SvK� 7. The Grantee hereby accepts the foregoing grant of the easement and the parties 3 3-15-01 ; 2:44PM;SM I THWKELSTE I N • ;6317274130 # 6/ 10 hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. 8. The Grantee will indemnify and hold the Grantor harmless against any cause of action; loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's and its agent's use and occupancy of the Easement Area. 9. The Grantee represents that there will be no discharge of hazardous substances nor deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. 10. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. A certificate to this effect will be provided to Grantor upon Grantor's request. 11. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. 12. Grantor represents that grantor is in possession of the property described in 4 3-15-01.;. 2:44PM;SMITHINKELSTEIN ;6317274130 # 7/ 10 Schedule A annexed hereto; and that grantor is authorized and has the right, power, title, and interest to grant the temporary easement herein over the easement area described in Schedule B annexed hereto; and the execution of this Easement Agreement has been duly authorized by the Grantor's Board of Directors. Grantor acknowledges that the Grantee, in entering into this agreement, is expressly relying upon the Grantor's representations set forth herein. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRAN By: Jean W: Cochran, Town Supervisor r OC— SOUT LD TOWN SOLID WASTE RICHA W. CORAZZINI, JR. MANAGEMENT DISTRICT 5 '• 3-15-01 2:44PM;SMITH�NKELSTEIN • ;6317274130 7k 8/ 10 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) On the Oda o ,� y f Arl�ch the year 2001 before me, the undersigned, a NotaryPublic m and d for said State, personally appeared RICHARD W. CORAZZINI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they exec d the same in his/her/their c acity (ies), and that by his/her/their signature(s) on the instrument, th ' d' i ual(s), or th person o ehalf of which the individual(s) acted, executed the instrument. L Notar Publi WILLIAM C.G IN Notary Public,State of New York No.4963689,Suffolk County ��— Commission Expires March 12, STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On thday of t4 ip-1he year 2001 before me, the undersigned, a Nota Public in and f said State, personally appeared � ,O Notary or �S_�,.. , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed,the instr ent. r otary Public MELANIE DOROsig NOTARY PUBLIC State of New lbth �d ° kBuOUalel ScufflC r WMft ton E*res September 6 = 3-15-01 ; 2:44PM;SM I T*KELSTE I N ;6317274130 # 9/ 10 Richard W. Corazzini,Jr. Schedule A ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Cox Lane at the northeast corner of the premises herein described and the southeast comer of the land now or formerly of Glover running thence along the westerly line of Cox Lane South 60° 29'20"East 382.38 feet to land now or formerly of Albin Pietrewicz. RUNNING THENCE along said land South 29° 30' 40" West 707.52 feet to land of the Town of Southold; THENCE along said land North 57° 1750" West 502.38 feet to land now or formerly of Glover; THENCE along said land the following three (3) courses and distances: 1) North 22° 20' 50" East 101.00 feet;thence 2) South 57° 17'East 40.0 feet; thence 3) North 38° 30'40" East 588.84 feet to the southerly side of Cox Lane, the point or place of BEGINNING BEING AND INTENDED TO BE THE SAME PREMISES conveyed to the party of the first part by deed dated October 1, 1987 and recorded at the Office of the Clerk in the County of Suffolk, October 6, 1987 in Liber 10438 of Deeds at page 419. L 3-15-0.1 2:44PM;SMITH*KELSTEIN ;6317274130 # 10/ 10 SCHEDULE B Easement No. 3A 40' Wide Construction and Working Easement Through lands of Richard W. Corazzini ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the south westerly corner of lands now or formerly of Richard W. Corazzini said point or place of beginning being the following three (3) courses and distances from the north westerly corner of lands now or formerly Richard W. Corazzini; 1. South 37 deg. 28 min. 56 sec. West 598.55 feet, 2. North 45 deg. 40 min. 34 sec. West 41.40 feet, 3. South 21 deg. 10 min. 16 sec. West 101.28 feet to the point or place of beginning; THENCE northerly along lands of the Town of Southold the following two (2) courses and distances: 1. ' North 21 deg. 10 min. 16 sec. East 101.28 feet, 2. South 45 deg. 40 min. 34 sec. East 41.40 feet; THENCE southerly through lands now or formerly of Richard W. Corazzini the following three (3) courses and distances: 1. South 19 deg. 00 min. 44 sec. West 51.35 feet, 2. South 58 deg. 56 min.'24 sec. East 46$.39 feet, 3. South 27 deg. 52 min. 06 sec. West 40.06 feet to the land'of the Town of Southold; THENCE westerly along lands of the Town of Southold North 58 deg. 56 min. 24 sec. West 502.38 feet to the point or place of BEGINNING. JIJhi 25 '01 11:Z4011 1301t 701111 HHLL 516 765 1023 � F. • _—a5^^.t 2: 4aPM;SMITh iNKELSYE';J ,"317274' 30 # 4/ 10 ' NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule $ for the term t set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below, GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does i hereby covenant and agree as follows: 1 1. Orantee, it agents, employees and contractors and their subcontractors that are i actually involved in the Landfill construction project, shall have the exclusive and 1 unobstructed use and occupancy of the easement area during the term of this easement. i 2. The Easement Area shall be utilized solely in conjunction with the Landfill closure construction project being Conducted by the Grantee at the Southold landfill, and for no other purpose. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project.. Access to the Easement Area shall be solely from the Grantee's property known as the Southold Landfill, 3. This easement shall be temporary in term and shall be terminated in writing by the 2 .JUH E5 101 11:24Al'1 01 11 TC11411 HALL 516 755 1823 • F.3 4 ' 3-15-(5 i 2 :44 ak'�;_RKAIY hl✓,�'L3T'EIN ;J3A1'%T.�-1130 a6/ 10 t x Grantee, said termination document to be in recordable form which shall be duly ! signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 322.22 per month commencing as of the date hereof and ending upon the terrnlnation of this easement as provided in paragraph 3 above. Payments shall commence as of the first day of the month following the execution of this agreement. 5. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Area so that run-off, if any, from Grantee's property is directed to Grantee's recharge basin and not onto Grantor's property, and by placing a growth medium and seeding to re-establish vegetation cover. In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee. 6. Grantor shall remove h.,a stockpiled materials, equipment and other debris from June- the Easement Area bY44" 1, 2001; In addition, the Grantor shall relocate the large tank that partly encroaches onto the Grantee's property to the north of the Grantor's property. Provided Grantor has cleared the easement areA to the er satisfaction of the Grantee and has relocated the aforesaid tank by-AI#1 1, 2001, the Grantee will pay to the Grantor the sum of$ 4,500.00 for the cost to clear the easement area. If the Grantor fails to clear the easement area by-Atril 1, 2001, the Grantee can do so at its sole cost and expense. E i 7. The Grantee hereby accepts the foregoing grant of the easement and the parties 3 i 3 f J131 25 '01 11:ZD41 I.-ALITTC)1.11 I HALL 516 765 12,23 ..: 44MV;SMITb1 KELRTEIN ;0117274,30 # E3i tc hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shalt in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement, 8. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's !reasonable attorney fees and costs, arising out of the Grantee's and its agent's use and occupancy of the Easement Area, t 9. The Grantee represents that there will be no discharge of hazardous substances nor deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor,harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. 10. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. A certificate to this effect will be provided to Grantor upon Grantor's request. 11. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereurabove set forth shall in all respects upon the recording of this instrument by � 4 the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. 12. Grantor represents that grantor is in possession of the property described in 4 TI_il l c''c '01 1 1;cH(1 SI-11,01- T(iI JI J HiHLL `"l r, 755 1823 • P- 1 .. «.1 air :Q 1727430 TEMPORARY C;ONFI'RUCTZON EASEMENT AGREEMENT This Easement Agreement, made th -day of f", 2001, by 'Richard W. Corazzini, Jr, residing at Nassau Point Road, Catchogue, New York, the party of the first part, hereinafter called the Grantor, and the Southold Town Solid 'Waste Management District, a municipal improvement district duly created under the laws of the State of New York, baying itg principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNk, SSET11; WHEREAS, the Grantee is the operator of curtain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee isimplementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobst acted use and occupancy of a portion of Grantor's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule $ annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, 1 ' IIJFI << 'tll 11 ccHl'I SCA I�D TOWI1 Hi LL cls 765 1823 • P.5 'J- 15-07 ; a'hamM;SMI IH *1!LnTE ir,i ,C?,;7.1',it3p N 7i 10 Schedule A annexed hereto; and that grantor is authorized and has the right, power, title, and interest to grant the temporary easement herein over the easement area described in Schedule B,annexed hereto; and the execution of this Easement Agreement has been duly authorised by the Grantor's Board of Directors. Grantor acknowledies that the Grantee, in entering into this agreement, is expressly relying upon the Grantor's representations set forth herein. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRAN By: Jean W, Cochran, Town Supervisor SOUT.. LD TOWN SOLID WASTE RICHA W. CORAZZINI, JR. MANAGEMENT DISTRICT 5 31A 1 25 '01 11:26AHSOLE, TOIA 1 HALL 516 765 1823 F.6 3-t9 Y.r,-0i a' 44P9M�'t'f- SNI<ELSTE IN ai t0 STATE OF NEW YORK,) ) sa: COUNTY OP SUPPOLK) On the da y of th the year 2081 before me, the undersigned, a Notar Public ' Y c ;In and for said State, personally appeared RICHARD W. CORAZZINI, personally known to me or proved to me on the basis'of satisfactory evidence to be the individual(a) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they exeeut d the same In his/her/their c pacity (ies), and that by his/her/their signature(s) on the Instrument, th ' i Oaks); or th person o ehalf of which the Individual(s) acted, executed the instrument. otar IJubli MAM C.c Iris Notary Public $tate of New York No,4M68b,Suffolk County ?V Q� Commisslw E,pirm Match 12, STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the day of i he year 2001 before role, the undersigned, ,a NotaryPublic in and f said State, personally appeared or , personally known to me or proved to me on the basis of satisfactory evidence I be the individu$1(s) whose name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity Qes), and that by his/het/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the Individual(s) acted, executed the instr ent. rA 19V otary Public MELMIE DOR0814 NOTARY PUB% State of Now Yak Cullmed No.0 51 6348C7o0�y Exp llraesSep lte+nber 6 TUII '01 11:26AH �H!:?Lii TOI-IPI HALL 516 765 1823 � F. • 3--!6-O! ; 2 :44PM;S FINIIELGTCIN 63t`,214130 Richard W, Corazzini, Jr. Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Towri of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Cox Lane at the northeast corner of the premises herein described and the southeast comer of the land now or formerly of Glover running thence along the westerly line of Cox Lane South 60° 29'20"East 382.38 feet to land now or formerly of Albin Pietrewiez. RLNNIN'G THENCE along said land South 29° 30'40" West 707,52 feet to land of the Town of Southold; THENCE along said land North 570 17' 50" West 502.38 feet to land now or formerly of Glover; 'THENCE along said land the following three (3) courses and distances: 1) North 229 20' 50" East 10I.00 feet; thence 2) South 57" ITEM 40.0 feet; thence 3) ;North 380 30140" East 588,84 feet to the southerly side of Cox Lane. the point or place of 13E01NNING BEING AND INTENDED TO BE THE SAME PREMISES conveyed to the panty of the first part by deed dated October 1, 1997 and recorded at the Office of the Clerk in the County of Suffolk, October 6, 1987 in Liber 10438 of Deeds at page 419. • OSVFF��/�' JEAN W. COCHRAN GREGORY F.YAKABOSKI �.r��• C��/y Supervisor TOWN ATTORNEY 3 Town Hall, 53095 Route 25 P.O. Box 1179 MARY C.WILSON ,f, • �'F Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �Ql �a� Telephone(631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD April 10, 2001 Frank A. Isler, Esq. Smith, Finkelstein, Lundberg, Isler& Yakaboski, LLP 456 Griffing Avenue P.O. Box 389 Riverhead, NY 11901-0203 Re: Southold Landfill Closure Temporary Construction Easement Agreement 372 Jericho Corp. Dear Mr. Isler: I am returning herein the original Temporary Construction Easement Agreement that has been signed by Supervisor Cochran before a notary public regarding 372 Jericho Corp. Very truly yours, Gregory F. Yakaboski, Esq. Town Attorney /md enc. cc: Jim Bunchuck, Landfill SENT BY:,MOORE LAW OFFICES; 631 765 4643; MAR-B 1 15:09; PAGE 3 021CJJn� /9-. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Easement Agreement, made the _day of March, 2001, by 372 Jericho Corp., residing at 150 Bergen Avenue, Mattituck, New York the party of the first part, hereinafter called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Grantor's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, 1 SENT BY: MOORE LAW OFFICES; • 631 765 4643; MAR-8 15:09; PAGE 4 NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, succcssors and assigns, does hereby covenant and agree as follows: I. Grantee, it agents, employees and contractors and their subcontractors, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement.. 2. The Easement Area shall be utilized in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold Iandfill. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project. 3. This easement shall he temporary in term and shall be terminated in writing by the Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 2 SENT BY: .MOORE LAW OFFICES; 631 765 4643; MAR-8 15:09; PAGE 519 r 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 105.55 per month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. Payments shall commence as of the first day of the month following the execution of this agreement. 5. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Arca and placing a growth medium comprised of fabricated top soil (composed of leaf compost and sand) and seeding grass to re-establish vegetation cover. An erosion control blanket and dormant seed will be used depending upon the time of year. Irrigation, if needed, will be provided until the termination of this Easement Agreement. In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee. 6. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's and its agent's use and occupancy of the Easement Area. The Grantee represents that there will be no discharge of hazardous substances not deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. 3 SENT BY: MOORE LAW OFFICES; � 631 765 4643; MAR-8 15:09; PAGE 6l9 A certificate to this effect will be provided to Grantor upon Grantor's request. 7. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. 8. Grantor represents that grantor is in posscssion of the property described in Schedule A annexed hereto; and that grantor is authorized and has the right, power, title, and interest to grant the temporary easement herein over the easement area described in Schedule B annexed hereto; and the execution of this Easement Agreement has been duly authorized by the Grantor's Board of Directors. Grantor acknowledges that the Grantee, in entering into this agreement, is expressly relying upon the Grantor's representations set forth herein. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRANTOR SOUTHOLD TOWN SOLID WASTE 372 JERICHO CORP. MANAGEMENT DISTRICT By: N �v) By: 4 SENT BY: .MOORE LAW OFFICES; 631 765 4643; MAR-* 15:10; PAGE 7/9 STATE,OF NEW YORK) COUNTY OF SUFFOLK) On the L2 day of March in the year 2001 before me, oe undersigned, a Notary Public in and for said State, personally appeared �t3Sl��� /lG1{ 39Ut( , personally known to me or proved to me on the basis of satisfactory evidenc to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to the that he/she/they executed the same in his/her/their capaci (les), and that by bis/her/their signature(s)on the inst ent, the indivi ual(s), or the person on behalf of which the individual(s)acted, executed the instru LOUIS J.MACARI Notary Public,State of New York No,02MA7644505 Qualified in i3assau CounD Q Otary Public Commission Expires May 31, STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the 10 day of Marc in the ear 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared � C&C_��-__ _ , personally known to me or proved to me on the basis of satisfactory Adence to be the individual(&) whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. Notary Public BARBARA ANN RUDDER Notary Public,State of New York No,4855805 Qualified in Suffolk County Commission Expires April 14,22D 5 S,ENT BY: MOORE LAW OFFICES; 631 765 4643; MAR-8f 15:10; PAGE 8/9 r Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the northwesterly side of Middle Road (C.R. 48) at the southwest corder, adjoining land of John Wickham; RUNNING THENCE along said land the following two (2) courses and distances: 1) North 56 degrees 55 minutes 50 seconds West 270.00 feet; 2) South 23 degrees 14 minutes West 100.73 feet to laud of Southold Town; RUNNING THENCE along said land North 57 degrees 17 minutes 50 minutes West 180.71 feet to land of Corazzini, formerly of Pletzewicz; THENCE along said land North 29 degrees 30 seconds 40 minutes East 707.52 feet to the southwesterly line of Cox Lane; THENCE along said land South 60 degrees 29 minutes 20 seconds East 369.00 feet; THENCE on an are bearing to the right with a radius of 71.52 feet, a distance of 122.80 feet to the northwesterly line of Middle Road (C.R. 48); THENCE southerly along said line on an are with a radius of 1969.86 feet a distance of 377.37 feet; THENCE South 26 degrees 14 minutes 30 seconds West 175.95 feet to the point or place of BEGINNING. SENT BY: MOORE LAW OFFICES; W1 765 4643; MAP-* 15:10; PAGE 9/9 SCHEDULE B Easement No. 3B 40' Wide Construction and Working Easement Through lands of Pudge Corp. ALL. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at'Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the south westerly comer of lands now or formerly of Pudge Corp., said point or place of beginning being the following four(4) courses and distances from the southerly side of Cox's Lane and the north westerly comer of lands now or formerly Richard W_ Corazzini; 1: South 37 deg. 28 min. 56 sec. West 598.55 feet, 2. North 45 deg. 40 min. 34 sec. West 41.40 feet, 3. South 21 deg. 10 min. 16 sec. West 101.28 feet, 4_ South 58 deg. 56 min. 24 sec. East 502.38 feet to the point or place of beginning; THENCE northerly along lands of now or formerly Richard W. Corazzini North 27 deg. 52 min. 06 sec. East 40.06 feet; THENCE easterly through lands now or formerly of Pudge Corp. South 58 deg. 56 min. 24 sec. East 176.27 feet to the lands now or formerly of Joseph Schoenstein; THENCE southerly along lands now or formerly of Joseph Schoenstein South 21 deg. 35 min. 26 sec. West 40.55 feet to lands of the Town of Southold; THENCE westerly along lands of the Town of Southold North 58 deg. 56 min. 24 sec. West 180.71 feet to the point or place of BEGINNING. SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE, CORNER OF LINCOLN STREET P.O. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y. 11901-0203 PIERRE G.LUNDBERG FRANCIS J.YAKABOSKI (G 31) 727-4100 FRANK A. ISLER REGINALD C. SMITH SUSAN ROGERS GRUN FAX (631) 727-4130 1926-1983 GAIR G.BETTS MATTHEW M.FINKELSTEIN E-MAIL sf1iy9peconic.net CRAIG H.AUGI March 7, 2001 James Bunchuck Southold Department of Solid Waste P.O. Box 692 Cutchogue, New York 11935 re : Temporary Easement/First Baptist Church of Cutchogue Dear Jim: Enclosed please find the revised easement agreement for the Church' s property. As we discussed, I have added a new paragraph 6 which provides that the District and its agents can only access the easement area from the landfill property. We have also added an additional sentence at the end of paragraph 7 which will add the Church as an "additional insured" under the District ' s liability policy. Kindly deliver this agreement to the Church. It should be signed by an authorized Trustee before a notary who will complete the acknowledgment page at the end of the document . Once it is signed, the agreement should be returned to me . I will have it signed on behalf of the District and will forward a conformed copy to the Church. Thank you for your assistance and call me if you or Church officials have any other questioq . r Very trul y ur , : /4 -�"� _ vra4k A. Isler encl . cc . Supervisor Jean W. Cochran Gregory F. Yakaboski, Esq. e WEMPORARY CONSTRUCTION• EASEMENT AGREEMENT This Easement Agreement, made the day of March, 2001, between the First Baptist Church of Cutchogue, by its Trustees, located at 21404 County Road 48, Box 534, Cutchogue, New York, the party of the first part, hereinafter called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Grantor's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to 1 Grantee, an easement, in s, of the nature, character and to th*ent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does hereby covenant and agree as follows: 1. Grantee, it agents, employees and contractors and their subcontractors, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement.. 2. The Easement Area shall be utilized in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold landfill. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project. 3. This easement shall be temporary in term and shall be terminated in writing by the Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 22.22 per month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. 2 Payments so commence as of the first day of the Oth following the execution of this agreement. 5. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Area and placing a growth medium comprised of fabricated top soil (composed of leaf compost and sand) and seeding grass to re-establish vegetation cover. An erosion control blanket and dormant seed will be used depending upon the time of year. Irrigation, if needed, will be provided until the termination of this Easement Agreement. In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee. 6. Grantee and its agents will only access the easement area from the landfill property and will not utilize any other portion of the Grantor's property for access. 7. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's use and occupancy of the Easement Area. The Grantee represents that there will be no discharge of hazardous substances nor deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. For the duration of this easement agreement, the Grantor will be named as an "additional insured" under the Grantee's existing liability insurance policy. A certificate to this effect will be provided to Grantor upon Grantor's request. 8. The Grantee hereby accepts the foregoing grant of the easement and the parties 3 hereto agreAt the conditions, agreements and proons and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. 9. Grantor represents that grantor is in possession of the property described in Schedule A annexed hereto; and that grantor is authorized and has the right, power, title, and interest to grant the temporary easement herein over the easement area described in Schedule B annexed hereto; and the execution of this Easement Agreement has been duly authorized by the Grantor's trustees. Grantor acknowledges that the Grantee, in entering into this agreement, is expressly relying upon the Grantor's representations set forth herein. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRANTOR SOUTHOLD TOWN SOLID WASTE FIRST BAPTIST CHURCH OF MANAGEMENT DISTRICT CUTCHOGUE By: By: Trustee 4 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the_day of March in the year 2001 before me, the undersigned, a Notary Public in and for said State, 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/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the_day of March in the year 2001 before me, the undersigned, a Notary Public in and for said State, 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/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 5 Schedule A ALL that tract or parcel of land, North of the Village of Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Northerly partly by land of the Town of Southold and partly by land of Frank McBride for a distance of 18 rods; more or less; Easterly partly by a private road leading to said land of Town of Southold, a distance of 29 rods 8-1/2 feet; Southerly by the Middle Road, 18 rods, more or less and Westerly by land of the late Phillip W. Tuthill, deceased. SCHEDULE B Easement No. 4B 10' Wide Construction and Working Easement Through lands of The First Baptist Church of Cutchogue ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue; Town of Southold, County of. Suffolk and State of New York, bounded and described as follows: BEGINNING at the north westerly corner of the herein described easement said point or place of beginning being the following three (3) courses and distances from the intersection of the westerly side of Middle Road (County Route 48) with the north easterly corner of lands now or formerly of the First Baptist Church of Cutchogue: 1. North 39 deg. 28 min. 14 sec. West 75.58 feet, 2. North 58 deg. 01 min 34 sec. West 409.29 feet, 3. South 19 deg. 27 min. 36 sec. West 142.00 feet to the point or place of beginning; THENCE easterly and southerly through land now or formerly of the First Baptist Church of Cutchogue the following two (2) courses and distances: 1. South 58 deg. 0*1 min. 34 sec. East 10.24 feet, 2. South 19 deg. 27 min. 36 sec. West 159.48 feet to lands of the Town of Southold; THE=NCE westerly and northerly along lands of the Town of Southold the following two (2) courses and distances: 1. North 56 deg. 58 min. 24 sec. West 10.29 feet, 2. North 19 deg. 27 min. 36 sec. East 159.29 feet to the point or place of BEGINNING. FEE 04 'Ill 09: 19a1h1HOLD TC 11.111 WALL. t�1 r_ 767 1 F. 1 a 40' north/northwest easement: Bayberry Ent (up to border of 3 bros prop line) 40' north/northwest easement: Oliver Campbell(Pfluger) (up tp 3 bros east prop line) 40' north/northeast easement: Corazzini 40" north/northesse easement: Grey/Pudge Corp. 10' east easement: Arnold & Roland Wilson (1000-96-1-11.1) 10' east easement: Alma R. Williams ? (1000-96-1-?} 40' south easement: McBride 40' west easement: McBride Post-ft*Fax Note 7671 Date T9111tA From Co/Dept. Co. Phone# Phone# ax# rr # .- MGcu:G We, �O (ex o� rum �H q r� vim, iv6 c 4we- ------- 'I►�r aid - — vlme4S 4o_ (C;< .AMG A bir 4i4e, VoGrlhu �i1�G5 QVt T GY �r 61C� 1�7 H1 BUY IG1h /�f WDI'�� rovnovAE 0F 44,0 elel w h1e►1j AA W4eviAb 1,-)e, Ae, n - ____ � OW Will "e,+O ►nc� � Ad law _ ._ _✓�*��v��r �►��tr� �t -I�is ter. __ �FFO� O�pS �c0 JEAN W. COCHRAN ti� Gy� Town Hall, 53095 Route 25 SUPERVISOR ti - P.O. Box 1179 = Southold, New York 11971-0959 ip Fax(631) 765-1823 7,l �a0 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD June 6, 2000 Mr. Richard Corazzini Corazzini Asphalt Company Cox Lane Cutchogue,NY 11935 Dear Mr.5 ini; )�c , I understand you met recently with Jim Bunchuck and a representative of Dvirka and Bartilucci (D &B),the Town's consulting engineers, regarding your suggestion that the Town consider using your property next to the landfill for access for vehicles involved in construction of the landfill cap. As you probably know,the DEC sets very strict guidelines with regard to ensuring unimpeded access for a contractor during cap construction, as well as in developing legal and contractual agreements with third parties and subcontractors involved in a capping project. Thus,while I and the Board appreciate your generous offer, in light of these factors we must unfortunately decline and proceed with plans to use the Town property. With regard to the concerns you expressed over drainage, I am told that the sump on the Town property no longer appears to take any heavy storm flow from Cox Lane.Nonetheless, I have directed D &B to review drainage on Cox Lane with Highway Superintendent Ray Jacobs to ensure that any lost capacity currently provided by the sump on the Town property will not adversely affect other properties. I have also directed D &B to plan to leave established trees on the Town property where possible.While growth on your property adjacent to the Cox Lane entrance should not be affected,the Town will restore any non-ToNvn properties impacted by closure activities. Thanks again, Dick,for your offer. If you have any questions I can help you with, please do not hesitate to contact me. Very truly yours, IJW. Cochran Supervisor /br cc: T. Maher, D&B Y DRAFT LETTER TO `CUTCHIE' CORAZZINI RE: USE OF HIS PROPERTY FOR ACCESS TO DUMP DURING CAP CONSTRUCTION June 1, 2000 Dear Richard (?), I understand you met recently with Jim Bunchuck and a representative of Dvirka and Bartilucci (D&B),the Town's consulting engineers, regarding your suggestion that the Town consider using your property next to the landfill for access for vehicles involved in construction of the landfill cap. As you probably know,the DEC sets very strict guidelines with regard to ensuring unimpeded access for a contractor during cap construction, as well as in developing legal and contractual agreements with third parties and subcontractors involved in a capping project. Thus, while I and the Board appreciate your generous offer, in light of these factors we must unfortunately decline and proceed with plans to use the Town property. With regard to the concerns you expressed over drainage, I am told that the sump on the Town property no longer appears to take any heavy storm flow from Cox lane. Nonetheless, I have directed D&B to review drainage on Cox Lane with Ray Jacobs to ensure that any lost capacity currently provided by the sump on the Town property will not adversely affect other properties. I have also directed D&B to plan to leave established trees on the Town property where possible. While growth on your property adjacent to the Cox Lane entrance should not be affected,the Town will restore any non- Town properties impacted by closure activities. Thanks again, Dick, for your offer. If you have any questions I can help you with, please do not hesitate to contact me. Sincerely, Jean W. Cochran Dvirka and 0 Badilucci CONSULTING ENGINEERS 330 Crossways Park Drive,Woodbury, New York, 11797-2015 516-364-9890 ■ 718-460-3634 ■ Fax:516-364-9045 e-mail: db-eng@worldnet.att.net May 16, 2000 James Bunchuck, Solid Waste Coordinator Town of Southold Town Hall 59095 Main Road, P.O. Box 1179 Southold,NY 11971 Re: Construction Access Route Southold Landfill Closure D&B No. 1314-G4 Dear Mr. Bunchuck: As requested, presented below is a summary of the issues and our recommendations with respect to the use of the Corazzini property for access to the landfill during closure construction. As we understand it, Mr. Corazzini's primary interest in offering the use of a portion of his property to the Town is to maintain a buffer between his property and the Campbell property to the north. It is in the Town's interest to provide the construction contractor with unrestricted access to the landfill throughout the construction period in order to avoid delay claims, and to provide adequate space for efficient access and egress and placement of the contractor's construction trailers, materials and supplies. 1. Access: Access to the landfill from the Corazzini property would be along the northern boundary of the Corazzini property and would in part use the existing access route into the property. Therefore, use of the Corazzini property would require coordination with existing vehicles entering and exiting the property. In addition, a garage with overhead doors is located on the access route, and, therefore, coordination with vehicles entering and exiting the garage would also be required. In the event that there is a conflict and the contractor is required to wait for another vehicle to move, the Town could be exposed to the potential for a delay claim by the contractor under this arrangement. During our meeting with Mr. Corazzini on May 10, 2000,he could not guarantee that conflicts would not arise between vehicles associated with the existing operations and the construction contractor. 2. Drainage: Inspection of the Town-owned property did not indicate any signs of or potential for heavy storm water flow from Cox Lane. Additionally, as we understand it, although the Town-owned property may have been excavated at one time to manage storm water from Cox Lane,measures have been implemented since that time which, as a result, do not require the use of the Town-owned property for management of storm water from Cox Lane. Therefore, based on available information, filling in of the existing excavation should not impair existing storm water management practices along Cox Lane. However, since we have not been provided with the storm water management A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. DVIRKA AND BARTILUCCI James Bunchuck, Solid Waste Coordinator Page Two Town of Southold Town Hall May 16,2000 plans for Cox Lane, and topographic maps for Cox Lane and the surrounding properties to the north, south and east are not available to us, this conclusion should be confirmed by the Town. 3. Buffer: Trees and other vegetation on the Town-owned property provide some buffer between the Corazzini property and the Campbell property. Use of the Town-owned property for construction access would require clearing of most of these trees and vegetation. In order to reduce the impact of this clearing however, it may be possible to protect several trees along the property line. In addition,privacy slats or other screening measures can be added to the fence on the Corazzini side of the property and following construction,plantings could be provided along the property boundary. 4. Additional Considerations: Use of the Corazzini property for access during construction would require changes to the existing contract drawings and preparation of an agreement between the Town and Corazzini providing for the use of the property. Issues such as coordination with the contractor's operations, modifications to the Corazzini property, restoration of the Corazzini property, indemnification and insurance would have to be worked out and included in the agreement. The term of the agreement also represents an important issue, since as we understand it Corazzini is offering the temporary use of his property during construction, whereas the Town-owned property represents a long-term alternate access route to the landfill and residential yard waste compost pickup area for Town use after the closure construction is complete. In conclusion, based on the potential for delay claims, apparent lack of cause for concern with respect to drainage (to be confirmed), and the additional engineering and legal effort which would be required, we recommend maintaining the existing plans to provide construction access from Cox Lane via the Town-owned property and maximizing efforts to maintain the buffer which presently exists between the Corazzini and Campbell properties as outlined above (i.e., Item 3). If you have any questions regarding this matter or require additional information, please do not hesitate to call me. Very truly yours, Thomas F. Maher,P.E. Vice President TFM/DSG/bl,ld cc: Jean W. Cochran, Supervisor, Town of Southold Gregory F. Yakoboski, Esq., Town Attorney,Town of Southold D. Glass(D&B) ♦1314/TFMOOLTR-33.DOC ��SOFF�(�cO JEAN W. COCHRAN GREGORY F.YAKABOSKI ZO Gy� Supervisor TOWN ATTORNEY cz W Town Hall, 53095 Route 25 p P.O. Box 1179 MARY C.WILSONy�f a0� Southold,New York 11971-0959 ASSISTANT TOWN ATTORNEY Telephone(631) 765-1889 Fax (631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Solid Waste Coordinator From: Melanie, office of the Town Attorney Date: July 3, 2001 Re: Landfill Closure Jim: Enclosed for your records is a copy of statement of account dated June 1, 2001, in the amount of$454.91 for attorney services rendered by Smith, Finkelstein, Lundberg, Isler and Yakaboski, LLP in regard to the landfill closure. A copy of the purchase order#08133 and payment voucher are included. This billing was forwarded to accounting for payment on July 3, 2001. Melanie encs. S:1Attorney\GREG\MELANIE\GREG\memo(MCW).DOC SMITH, FINKELSTEIUNDBERG, ISLER AND YAKABOSKI AttorneyJ W d Counselors at Law 456 Griffing Avenue, Corner Lincoln Street P.O.Box 389 Riverhead, N.Y. 11901 (631) 727-4100 Page: 1 TOWN OF SOUTHOLD 06/01/01 ACCOUNT NO: 66928-OOM STATEMENT NO: LANDFILL CONDEMNATION BILL EDIT/BILL HOLD" HOURS 04/30/01 FAI TC TO MARYLOU FOLTS; TC GREG RE: PERFORMANCE BONDS 0.20 05/03/01 FAI CORRESP. FROM MARY LOU FOLTS; CORRESP. TO SUPERVISOR 0.40 05/10/01 FAI FAX TO GREG; FAXED REVISED AGREEMENT; TC BILL GOGGINS 0.20 05/14/01 FAI RECEIVED CORAZZINE AGREEMENTS; RECEIVED BLAST AGREEMENTS; CORRESP. TO SUPERVISOR; CORRESP. TO JOHN CUSHMAN; TC BILL GOGGINS 0.80 05/15/01 FAI TC JOHN CUSHMAN; CORRESP. TO GREG RE: LYBIRT AND CHURCH AGREEMENTS 0.60 05/25/01 FAI RECEIVED TOWN'S PAYMENT TO BLAST; CORRESP. TO MARY LOU FOLT 0.30 FRANK A. ISLER 2.50 FOR CURRENT SERVICES RENDERED 2.50 437.50 03/05/01 Postage 4.08 03/07/01 Postage 0.02 03/07/01 Postage 1.18 03/09/01 Copier 3.00 03/09/01 Copier 2.00 Page: 2 TOWN OF SOUTHOLD 006/01/01 ACCOUNT NO: 66928-OOM STATEMENT NO: 6 LANDFILL CONDEMNATION 03/14/01 Postage 1.39 03/15/01 Faxes 0.90 03/26/01 Faxes 0.50 03/29/01 Postage 1.39 04/03/01 Faxes 0.30 05/15/01 Postage 2.65 TOTAL EXPENSES 17.41 TOTAL CURRENT WORK 454 .91 ,,,,,,,Riverhead ...P N. Y.I. June. . 01 11, 20 ........,... ...... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To..Smith..Finkelstein, Lundberg, Isler & Yakaboski, LLP:..Claimant .......................................................... Address 456 Griffing Avenue, P.O. Box 389 ............................................................... Riverhead, New York 11901 Fed. 1. D. No. 11-1993737,,,,,..,... Re: Landfill Condemnation or Soc. Security No. ................. 66928 For services rendered from April 30, 2001 to and including May 25, 2001 encompassing 2.5 partner hours according to the time sheets submitted herewit . 437. 50 01 ky, Disbursements: 17. 41 Postage 10.71 Faxes 1.70 Copies 5.00 Total $454. 91 The undersigned (Claimant) (& I + faa�lxQCtycpkd>a ) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been id, except as there' stated, and that the balance therein stated is actually due and owing. Dated ,,,June.11: .2001 . fa............ ..... ... ..... ...... .. . .. .. ..... .. .. ... ... . .... DEPARTMENT CERTIFICATION Signatur I hereby certify that the services above specified' Frank A. Isler, Partner have been received by the Town of Southold, the Smith, Finkelstein, Lundberg,Isley and Yakaboski, LLP services properly performed anr:' have been verified with the exceptions or rai;crepancies noted, and payment is a proved. 'i itle Asst Town Attorney Dated �B'/ a 3/01 Mary C i n Title Supervisor Dated /01 Jean W. Cochran Check # Town of Southold BILL OF Smith, Finkelstein, Lundberg, Isler Yakaboski, LLC Vendor No. .1:9383. . . . . . . . . Invoice No. #4 . Invoice Date .6/1 /01 . 4 . . . !' Amount Claimed S. . . .54..91. . . . . Purchase Order No. 081.33. . , , For Services and Disbursements as Solid Waste District Acquisition of. temporary. easemerd.agreements services from 4/30/01-5/25/01 Fund and Account H..15.81.6 0.2.3 0 0.12 Entered,by . . . . . . . . . . . . ' Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . , 19 Town, Clerk p y �gyFFO(K *OWN OF SOUTHOLM o . Purchase Order * 08133 Tax Exempt # A163554 Date 6/29/01 Account # H.15.8160.2.300.125 [Deliver and send billing to: Vendor 19383 Department Town Attorney Smith, Finkelstein, Lundberg, Southold Town Hall Isler & Yakaboski, LLP Address 53095 Route 25 456 tariffing Avenue P.O. Box 1179 P.O. Box 389 Southold, NY 11971-095 Riverhead, NY 11901-0203 VENDOR "Return this copy and Town of Southold voucher itemized and signed for payment" ITEM QUANTITY DESCRIPTION UNIT COST TOTAL �.b Re: Sottol o11 � WaOte �UIa t� � t � I f ori y U e t se r, i es 1 At $454.91 State men THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT FUNDS AVAILABLE IN THE APPJ3_OPRi ON CHARGED Dept. He I CERTIFY THIS TO BE A JUST AND TRUE PURCHASE ORDER Supe i or SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.O. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y. 11901-0203 PIERRE G.LUNDBERG FRANCIS J.YAKABOSKI (631) 727-4100 FRANK A.ISLER REGINALD C. SMITH SUSAN ROGERS GRUN FAX (631) 727-4130 1926-1983 GAIR G.BETTS MATTHEW M.FINKELSTEIN E-MAIL sfliy@peconic.net PETER J.BACHMORE June 4 , 2001 James Bunchuck Southold Department of Solid Waste P.O. Box 692 Cutchogue, New York 11935 re : Temporary Easement/First Baptist Church of Cutchogue Dear Jim: Enclosed please find the revised easement agreement for Bayberry Enterprises (Schroeder) . Mrs . Schroeder called last Friday and indicated that the agreement would be signed with the provision allowing Schroeder to clear the easement, if needed. As you will see in paragraph 5, he would be given two weeks to do the work. If he fails to do so, the Town' s contractor can do so. As we previously discussed, since Mr. Schoeder is apparently willing to sign, we are going forward with the agreement . Once it is actually determined that the Town does not need his easement area, please advise me so that we can immediately terminate the agreement and thereby stop the monthly payments . Thank you for your assistance and call me if you have any questions . f' y t ru "y yo , Arlan4V Isler encl . CC . Supervisor Jean W. Cochran Gregory F. Yakaboski, Esq. • • SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.O. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y. 11901-0203 PIERRE G.LUNDBERG FRANCIS J.YAKABOSKI (631) 727-4100 FRANK A.ISLER REGINALD C. SMITH SUSAN ROGERS GRUN FAX (631) 727-4130 1926-1983 GAIR G.BETTS MATTHEW M.FINKELSTEIN E-MAIL sfliy@peconic.net PETER J.BACHMORE June 4, 2001 Bayberry Enterprises c/o Mr. Schroeder P.O. Box 119 Peconic, New York 11958 re : Town of Southold Solid Waste Management District .tg=orarz PasRmant o "er a port-i tin of S TM ion-s4-3-3 Dear Mr. Schroeder: Following up on my conversation last Friday with your wife, I am forwarding four (4) sets of the revised proposed temporary easement agreement . As you will see paragraph 5 has been revised to delete reference to Exhibit "C" and to add language regarding your clearing the easement area when and if this becomes necessary. Exhibit A and B are now both attached. If the agreement is acceptable, kindly sign all four (4) sets before a notary public and return them to me . I will then arrange to have them signed by the Town and will forward two (2) fully executed sets to you. Also enclosed is a W-9 form which you must complete and return to me . This form is needed by the Town to make payments to you. Thank you for your cooperation/rank •'F d u . Isler CC . Supervisor Jean W. Cochran regory F. Yakaboski, Esq. James Bunchuck r � • TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Easement Agreement, made the day of June, 2001, by Bayberry Enterprises, residing at c/o Mr. Schroeder, P.O. Box 119, Peconic, New York, the parry of the first part, hereinafter called the Grantor, and the Southold Town Solid Waste Management District, a municipal improvement district duly created under the laws of the State of New York, having its principal office at 53095 Route 25, Southold, New York, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee is the operator of certain real property located in the Town of Southold which comprises the Southold Town Landfill, and WHEREAS, the Grantor is the owner of certain real property situate in the Town of Southold more particularly bounded and described on Schedule A annexed hereto and made a part hereof, and WHEREAS, the premises of the Grantor shares a common boundary with the property of the Grantee, and WHEREAS, the Grantee is implementing the closure of the Southold Landfill, and in order to do so, it will be necessary for Grantee's agents and contractors to have unobstructed use and occupancy of a portion of Grantor's premises, hereinafter referred to as the Easement Area, and WHEREAS, said easement area is more particularly bounded and described on Schedule B annexed hereto and made a part hereof, and WHEREAS, the Grantor desires to grant such easement rights to the Grantee affecting the area described in Schedule B, 1 a • • NOW, THEREFORE, in consideration of the terms and provisions herein and other good and valuable consideration, Grantor does hereby grants, transfers, bargains, sells and conveys to Grantee, an easement, in gross, of the nature, character and to the extent hereinafter set forth, which shall be binding upon and shall restrict the premises described in Schedule B for the term set forth below. TO HAVE AND TO HOLD said easement, rights and interest in connection therewith and as are hereinafter set forth, with respect to said Easement Area, unto Grantee, its successors and/or assigns for the term set forth below: GRANTOR, or behalf of itself, its legal representatives, successors and assigns, does hereby covenant and agree as follows: 1. Grantee, it agents, employees and contractors and their subcontractors, shall have the exclusive and unobstructed use and occupancy of the easement area during the term of this easement.. 2. The Easement Area shall be utilized in conjunction with the Landfill closure construction project being conducted by the Grantee at the Southold landfill. The Heavy equipment, including but not limited to excavators, dump trucks, graders, compactors, drill rigs and bulldozers may be used to perform the work at the Landfill site and within the Easement Area. The Easement Area may also be utilized for storage of equipment, materials, sand, gravel and other items related to the construction project. 3. This easement shall be temporary in term and shall be terminated in writing by the Grantee, said termination document to be in recordable form which shall be duly signed and acknowledged. Unless sooner terminated by the Grantee, this easement agreement shall end as of December 31, 2006. 2 4. Grantee agrees to pay the Grantor for the use and occupancy of the Easement Area, the sum of$ 26 1.11 per month commencing as of the date hereof and ending upon the termination of this easement as provided in paragraph 3 above. Payments shall commence as of the first day of the month following the execution of this agreement. 5. Grantee agrees that the Grantor shall have the right to perform the clearing work, if any, that is needed to ready the easement area for the Grantee's needs. The Grantor shall clear the area in accordance with the directions of the Grantee, its representatives and/or contractors. The Grantor shall perform the work within (2) from its receipt of notice from the Grantee, its representatives and/or contractors. Should the Grantor fail to perform or complete the work within the two (2) week period, the Grantor, its representatives and/or contractors shall do so. Grantee agrees that prior to the termination of this easement agreement, the easement area will be restored by grading the Easement Area and placing a growth medium comprised of fabricated top soil (composed of leaf compost and sand) and seeding grass to re-establish vegetation cover. An erosion control blanket and dormant seed will be used depending upon the time of year. Irrigation, if needed, will be provided until the termination of this Easement Agreement. In addition, the Landfill fence will be restored around the perimeter of the property owned by Grantee. 6. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of the Grantee's use and occupancy of the Easement Area. 3 The Grantee represents that there will be no discharge of hazardous substances nor deposit of landfill materials in the Easement Area. The Grantee will indemnify and hold the Grantor harmless against any cause of action, loss, liability, damage, cost or expense, including Grantor's reasonable attorney fees and costs, arising out of Grantee's breach of this representation. 7. The Grantee hereby accepts the foregoing grant of the easement and the parties hereto agree that the conditions, agreements and provisions and restrictions hereinabove set forth shall in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, his heir, legal representatives, successors and assigns, and that the burdens of the easement shall run with the land during the term of the easement agreement. IN WITNESS WHEREOF, the Grantor has duly executed this agreement, and the Grantee has caused this agreement to be executed on its behalf by a duly authorized officer thereof as of the day and year first above written. GRANTEE GRANTOR SOUTHOLD TOWN SOLID WASTE BAYBERRY ENTERPRISES MANAGEMENT DISTRICT 4 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the _day of June in the year 2001 before me, the undersigned, a Notary Public in and for said State, 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/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the_day of June in the year 2001 before me, the undersigned, a Notary Public in and for said State, 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/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 5 Bayberry Enterprises Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the southwesterly side of Cox's Lane distant 1148.63 feet northwesterly from the northerly end of the corner connecting the northwesterly side of Middle Road (County Road 48); THENCE South 540 55' 00" West along the land now or formerly of Staples 573.76 feet to land now or formerly of Glover; THENCE North 41' 46' 00" West along the land mentioned last 171.77 feet; THENCE North 45° 19' 00" West still along the last mentioned land 284.4 feet to land now or formerly of Harris; THENCE North 50° 45' 00 " East along the last mentioned land 528. 43 feet to the southwesterly side of Cox's Lane; THENCE South 480 23' 30" East along the southwesterly side of Cox's Lane 360.71 feet; THENCE South 49° 01' 50" East still along the southwesterly side of Cox's Lane 142.03 feet tot he point or place of BEGINNING. BEING and intended to be the same premises conveyed to the party of the first part by deed dated 1/2/60, recorded 6/6/60 in Liber 4820, Page 362. Surveyor':, Description . - Easement No. 40' Wide Construction and Working Easement Through lands of Bayberry Enterprises ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the south easterly corner of land now or formerly of Bayberry Enterprises, said point being South 41 deg. 42 min. 36 sec. West 555.78 feet from the southerly side of Cox's Lane, also the north easterly corner of land now or formerly of Bayberry Enterprises; THENCE westerly along lands of the Town of Southold North 59 deg. 33 min. 34 sec. West 457.33 feet to lands now or formerly of Glenn F. Heidtmann and Ruth Heidtmann; THENCE northerly along lands now or formerly of Glenn F. Heidtmann and Ruth Hiedtmann North 37 deg. 21 min. 16 sec. East 40.29 feet; THENCE easterly through lands now or formerly of Bayberry Enterprises South 59 deg. 33 ruin. 34 sec. East 460.45 feet to lands now or formerly Oliver A. Campbell III; THENCE southerly along lands now or formerly of Oliver A. Campbell III South 41 deg. 42 min. 36 sec. West 40.79 feet to the point or place of BEGINNING. • �O ,% Ff��/('C JEAN W. COCHRAN GREGORY F.YAKABOSKI hr� �r/� Supervisor TOWN ATTORNEY h Z Town Hall, 53095 Route 25 IS P.O. Box 1179 MARY C.WILSON y �� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �Q1 �a� Telephone (631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Landfill From: Mary C. Wilson, Esq. Assistant Town Attorney Date: May 31, 2001 Re: Landfill Closure Jim: Enclosed for your records is a copy of statement #3, from Frank A. Isler, Esq., dated 5/2/01, in the amount of$402.50 for legal services rendered in regard to the landfill closure. A copy of the purchase order#08126 and payment voucher is included. This billing was forwarded to accounting for payment on May 31, 2001. Mary /md attachment S:\Attorney\GREG\MELANIE\GREG\memo(MCW).DOC SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI AttorneysCounselors at Law + 456 Griffing AvAW, Corner Lincoln Street P.O.Box 389 Riverhead, N.Y. 11901 (631) 727-4100 Page: 1 TOWN OF SOUTHOLD 05/02/01 ACCOUNT NO: 66928-OOM STATEMENT NO: 3 LANDFILL CONDEMNATION it BILL EDIT/BILL HOLD" HOURS 03/30/01 FAI RECEIVED JOHN CUSHMAN'S CORRESP. ; ARRANGED FOR INFORMATION 0.30 04/03/01 FAI TC JIM BUNCHUCK 0.20 04/16/01 FAI RECEIVED CORRESP. ; CORRESP. TO JOHN CUSHMAN 0.20 04/17/01 FAI TC TO GREG 0. 10 04/20/01 FAI TC BILL GOGGINS RE: SCHMIDT 0.10 04/25/01 FAI TC JIM BUNCHUCK; DRAFTED RESOLUTION; UPDATED EASEMENTS; TC MARY LOU FOLTS 0. 90 04/26/01 FAI TC'S MARYLOU FOLTS; CONF WITH TOWN BOARD 0.50 FRANK A. ISLER 2. 30 FOR CURRENT SERVICES RENDERED 2.30 402.50 TOTAL CURRENT WORK 402.50 ............... Riverhead ....................I N. Y.,May.4,..2QQI..........I* ..... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To..Smith:.Finkelstein,..Lundberg, Isler..&.Yakaboski., LLP...Claimant ...... . .............. ....... Address ..456 Griffing Avenue, P.O. Box 389 .................................................................. Riverhead, New York 11901 Fed. I. D. No. 11-1993737 Re: Town of Southold/Acquisition of temporary easements or Soc. Security No. .................. 66928 For services rendered from March 30, 2001 to and including April 26, 2001 encompassing 2.3 partner hours according to the time sheets submitted herewit1j. 402. 50 $402. The undersigned (Claimant) ( Ott t �l�x�fx c7hasb gkW) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part therepaid, except as therein t d, and that the balance therein stated is actually due and owing. A Dated ...�?Y..4s..�1...................I �l3............ . ....................... .. ................ Signature DEPARTMENT CERTIFICATION Frank A. Isler, Partner I hereby certify that the services above Smith, Finkelstein, Lundberg, specified have been received by the Town of Isler and Yakaboski•, LLP' Southold, the services properly performed ' and have been verified with the exceptions or discrepancies oted, and payment is approved. LOLL --Title Asst Town Atty Dated 5/5ZS/01 Mary ilson, Esq. p( Title Supervisor Dated S 3o b I JeaW W. Cochran ��edyfFO(�-c� *OWN OF SOUTHOLO Purchase Order # ' 08126 Tax Exempt # A163554 Date_May 25, 2001 Account # H.15.8160.2.300.125 Deliver and send billing to: Vendor 19383 Department Town Attorney Smith, Finkelstein, Lundberg, Southold Town Hall Isler and Yakaboski, LLP Address 53095 Route 25 456 Griffing Avenue P.O. Box 1179 P.O. Box 389 LSouthold, NY 11971-0959 I Rivheread, NY 11901-0203 727-4100 VENDOR "Return this copy and Town of Southold voucher- emized and signed for payment" ITEM QUANTITY DESCRIPTION UNIT COST TOTAL Re: Sout%o °Y`own "soli G ,ste Mangy i*v t/A n ct OftpIvry »e $fir, s 01 2� r 402.50 aok- x � , s x THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT FUNDS AVAILABLE IN T APP P I I CHARGED Dept. H d I CERTIFY THIS TO BE A JUST AND TRUE RCHASE ORDER Superyr • ! OSOFF��,�'c i JEAN W. COCHRAN GREGORY F.YAKABOSKI Supervisor ti� Gy TOWN ATTORNEY y Z Town Hall, 53095 Route 25 P.O. Box 1179 MARY C.WILSON • '� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY y�pl �aO� Telephone (631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Jim Bunchuck Landfill From: Mary C. Wilson, Esq. Assistant Town Attorney Date: May 22, 2001 Re: McBride to Town of Southold — Land Acquisition For your files, I am providing you with a copy of purchase order#08123, voucher and invoice statement#2 for services rendered by the firm of Smith, Finkelstein, Lundberg, Isler and Yakaboski for their services rendered in regard to the above matter. The originals have been given this date to Supervisor Cochran for her signature and will be sent directly thereafter to Accounting for processing. /md encs. .................Riverhead ........, N. Y., May,3�..2001.. 1 ...... ....................... ........ TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To.,Smith:.Finkelstein,..Lundberg,..Isler..&.Yakaboski.,..LLP...Claimant ............. ....... . .............. ..... Address.,456 Griffing Avenue, P.O. Box 389 .................................................................. Riverhead, New York 11901 Fed. 1. D. No. 11-1993737 Re: McBride Acquisition or Soc. Security No. .................. 66929 For services rendered from April 3, 2001 to and including April 27, 2001 encompassing 6.7 partner hours according to the time sheets submitted herewi 1,172. 50 $1,172. 50 The undersigned (Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has be id, except as thereigAiVated, and that the balance therein stated is actually due and owing. Dated ..C'JAY...fir...?9 .!..... ............... a<9............ .. .�!.. lt................................................... Signature DEPARTMENT CERTIFICATION Franc A. Isler, Partner do hereby certify that the materials above Smith, Finkelstein, Lundberg, specified have been received by me in good Isler and Yakaboski, LLP condition without substitution, the services ' properly performed and that the quantities verified, and payment is approved. Title Asst Town Atty Dated 5 /01 Mar ilson Title Supervisor Dated 5/ /01 Jean W. Cochran Check # Town of Southold BILL OF Smith, Finkelstein, Lundberg, Isler > Yakaboski, LLP Vendor No. 19383. . . . . . . . Invoice No. . . . . . . . . . . . . . . Invoice Date . . . 5/.2J01 Amount Claimed.$ .1, .172.50 . . . Purchase Order No. 081.2.3. . . . . For Services and Disbursements as legal services in connection with McBride property d, acqui$ition. for. iapffill. 4/3,-4127/01 r ,IYµv Fund and Account H8.8160..2.600.700 J �I Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . . . . . . 19 . . . . Town Clerk r/ �g�►FFO(K *OWN OF SOUTHOLIS Woy��� baa Purchase Order # 0 8 12 3 Tax Exempt # A163554 Date 5/10/01 Account # H8.8160.2.600.700 Landfill - McBride property acquisition E ver and send billing to: F ndor #19383 Department Town Attorney Smith, Finkelstein, Lundberg, Isler Southold Town Hall 8 Yakaboski, LLP Address 53095 Route 25 456 Griffing Avenue P.O. Box 1179 P.O. Box 389 Southold, NY 11971-095 Riverhead, NY 11901 727-4100 VENDOR "Return this copy and Town of Southold voucher itemized and signed for payment" ITEM QUANTITY DESCRIPTION UNIT COST TOTAL f for lega1,fiAevi V 6-4cti� with McBrkq� ,t pr tea. i ion for lan(ffllf c e te A 4 / 1� 4 t 7 $ 1172.50 g THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT FUNDS AVAILABLE i AP ROP TION CHARGED ad Y THIS TO BE A JUST E PURCHASE ORDER Supervisor 'CTvmnnU rlr')DV SMITH, FINKELSTEIN, NDBERG, ISLER AND YAKABOSKI Attorneys Counselors at Law 456 Griffing Ave e, Corner Lincoln Street P.O.Box 389 Riverhead, N.Y. 11901 (631) 727-4100 Page: 1 TOWN OF SOUTHOLD 05/02/01 ACCOUNT NO: 66929-OOM STATEMENT NO: 2 MCBRIDE AQUISITION BILL EDIT/BILL HOLD" HOURS 04/03/01 FAI RECEIVED CORRESP. FROM GAIL; FAX TO CHIC; TC GAIL RE: DEED; RECEIVED SUPPLEMENTAL TITLE REPORT 0.50 04/04/01 FAI TC GAIL WICKHAM'S OFFICE RE: CLOSING DOCUMENTS 0.20 04/17/01 FAI CONF. SRG 0.20 04/19/01 FAI TC CHIC VOORHEES RE: PHASE I AND II 0.20 04/23/01 FAI TC GAIL WICKHAM; TC GREG RE: PHASE II SUMMARY 0.20 04/24/01 FAI ARRANGEMENTS FOR CLOSING TITLE 0.20 04/26/01 FAI CONF. TOWN BOARD; TC MELANIE 0.20 FRANK A. ISLER 1.70 04/11/01 SRG REVISE TITLE; TC TITLE COMPANY RE: 2 CHANGES (DESCRIPTION AND OMIT RE: ROAD WIDENING 1.00 04/17/01 SRG REVIEW TITLE; TC GAIL WICKHAM 0. 30 04/18/01 SRG TC WICKAM 0. 10 Page: 2 TOWN OF SOUTHOLD • /02/01 ACCOUNT N0: 29-OOM STATEMENT NO: 2 MCBRIDE AQUISITION HOURS 04/19/01 SRG TC GAIL WICKHAM; TC ENGINEER 0.10 04/24/01 SRG REVIEW FILE; TC'S TITLE COMPANY; TC CUSHMAN; TC YAKABOSKI; TC WICKHAM'S OFFICE RE: CLOSING 1.00 04/26/01 SRG TC'S GAIL WICKHAM RE: $15, 000 PENALTY CLAUSE; TC CUSHMAN RE: EASEMENT PAYMENTS; RECEIVED AND REVIEWED VOUCHER; TC AND FAX TO YAKABOSKI; CHECK WITH FAI RE: CLAUSE 0.50 04/27/01 SRG REVIEW TITLE COMPANY DESCRIPTION REVISED BY TITLE COMPANY; CHECK DESCRIPTION FOR AMENDED PAYMENT OF ZERO ATTENDANCE AT CLOSING IN SHOLD; TC CUSHMAN RE: CANCELLING ANY FUTURE EASEMENT PAYMENTS TO MCBRIDE 2.00 SUSAN ROGERS GRUN 5.00 FOR CURRENT SERVICES RENDERED 6.70 1, 172.50 TOTAL CURRENT WORK 1, 172.50 • SVFf��� JEAN W. COCHRAN GREGORY F.YAKABOSKI � CO Supervisor TOWN ATTORNEY W Z Town Hall, 53095 Route 25 v, VV P.O. Box 1179 MARY C.WILSON �,f, Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �Ql �a� Telephone(631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Landfill From: Mary-C. Wilson, Esq. Assistant Town Attorney Date: April 17, 2001 Re: Landfill Closure Jim: Enclosed for your records is a copy of statement of account dated April 2, 2001, in the amount of$5260.92 for attorney services rendered in regard to the landfill closure temporary easements. This billing was forwarded to accounting for payment on April 17tH /md attachment S:\Attorney\GREG\MELANIE\GREG\memo(MCW).DOC Y ...... ........Riverhead................. ..Ppri.l.4...2A0�..... �...... .� .,. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To....Smith: te Finkelsin, Lundberg, Isley & Yakaboski, LLP .Claimant Address... 456 Griffing Avenue, P.O. Box 389 Riverhead, 1Vew-Yo* *y1yor' ..................................... Fed. I. D. No. 11-1993737 Re: Aquisition of Temporary Easments/Landfill closure or Soc. Security No. ................... #66928 For services rendered from February 8th and 9th and March 1, 2001 to and including March 29, 2001 encompassing partner hours according to the time sheets submitted herewith. 5,215. 00 Disbursements: Photocopies $16.00 Certified Mail $29.92 45. 192 $5,260. 92 The undersigned (Claimant) does hereby certify that the Wross out one) foregoing claim is true and correct and that no part thereof has be;p * except as therein s at , and that the balance therein stated is actually due and owing.Dated „April 3, 2001 . bEk .............. ...Signature.............. ............... Frank A. Isler l Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP DEPARTMENT CERTIFICATION hereby certify that the materials above speci ied have been received by me in good condition without substitution, the servies properly performed and .that the quantities thereof have been verified with the exceptions or discrepancies noted, and payment in approved. Title Asst Town Attorney Dated 4/jj /01 Check # Town of Southold BILL OF . Smlt�, .Fi�k�l�t�in. l.undb�rc�, Isl.er and Yakaboski Vendor No. 1.9383 . . . . . . . . . . Invoice No. 2 . . . . . . . . . . . . . Invoice Date /?(01 Amount Claimed $ 5,26.0.92 . f' Purchase Order No. 0041.9. . . . . . For Services and Disbursements as re: lenal - Shld Solid Waste Management District acquisition.of. temporary easements H15.8160.2.300.125 Fund and Account . . . . . . . . . . Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . . . . . . 19 . . . . --' Town Clerk o�SUFfO(K�o T *OWN OF SOUTHOLIO �( Purchase Order # - 08019 Tax Exempt # A163554 Date April 16, 2001 Account # H15.8160.2.300.125 [Deliver and send billing to: Vendor 19383 Department Town Attorney Smith, Finkelstein, Lundberg, Southold Town Hall Isler 6 Yakaboski Address 53095 Main Road 456 Griffing Avenue P.O. Box 1179P 0. Box 389 Southold, NY 11971-0959 I L�verheacl, NY 11901-0203 727-4100 VENDOR *Return this copy and Town of Southold voucher itemized and signed for payment" ITEM QUANTITY DESCRIPTION UNIT COST TOTAL Re: Southolid�`T vyp - lid-x ste., X64 'Di 1i /A oor�ry " 6m serves r" t /201 5,215.00 45.92 ATA-L: $ 5,260.92 q ; THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT FUNDS AVAILABLE IN THAPP OP�11' 1 ON CHARGED Dept. d I CERTIFY THIS TO BE A JUST AND TRUE PURCHASE ORDER Supero' r ��nrTr,nn rnw • SMITH, FINKELSTEIOUNDBERG, ISLER AND YAKABOSKI . Attorneys and Counselors at Law 456 Griffing Avenue, Corner Lincoln Street P.O.Box 389 Riverhead, N.Y. 11901 (631) 727-4100 Page: 1 TOWN OF SOUTHOLD 04/02/01 ACCOUNT NO: 66928-OOM STATEMENT NO: 2 LANDFILL CONDEMNATION " BILL EDIT/BILL HOLD" HOURS 02/08/01 - FAI PREPARED FOR MEETING WITH TOWN CONSULTANTS; CONF. BOND COUNSEL; ATTENDED CONF. AT SOUTHOLD; TC DAVE GLASS 3.00 02/09/01 FAI DRAFTED TEMPORARY EASEMENTS; TC DICK LARK; TC BILL GOGGINS; TC'S GREG AND SUPERVISOR 2.50 03/01/01 FAI REVISIONS TO CHURCH'S EASEMENT; FAX TO GREG 0.30 03/02/01 FAI TC GREG; REVISED BLAST HOLDING AGREEMENT; CORRESP. TO DICK LARK; TC STATUS OF CHURCH 0.70 03/05/01 FAI PREPARED LETTER SENDING NOTICES TO PROPERTY OWNERS; REVIEWED FAX FROM GAIL; FAX TO GREG; TC JON SHEARIN; TC JON SHEARIN RE: INSURANCE; REVISED EASEMENTS; FAX TO GAIL 2.00 03/07/01 FAI RECEIVED FAX FROM GAIL WICKHAM; PREPARED RESOLUTION ADOPTING FINDINGS AND DETERMINATION AND SYNOPSIS; E-MAILED TO GREG; TC,JIM BUNCHUCK RE: CHURCH AND SCHROEDER;, ,.REVISED EASEMENT AGREEMENT FOR CHURCH;• CORRESP. TO ,JIM BUNCHUCK; TC GREG REQ: EASEMENTS; CORRESP. TO GAIL WICKHAM AND PAT MOORE FORWARDING EASEMENT AGREEMENTh 3.00 03/08/01 FAI TC JIM BUNCHUCK RE: CHURCH; TC DICK LARK; REVIEWED APPRAISAL; TC'S GREG; R7r7T1TPn FAX 7pnm (,ATT. TATTrXPZ\M RF. • •Page: 2 TOWN OF SOUTHOLD 04/02/01 ACCOUNT NO: 66928-OOM STATEMENT NO: 2 LANDFILL CONDEMNATION HOURS KRUPSKI; FAXED WICKHAM LETTER TO DAVID GLASS; TC'S JIM BUNCHUCK; ONGOING NEGOTIATIONS 3.00 03/09/01 FAI FAX TO GAIL WICKHAM RE: KRUPINSKI; TC'S JIM BUNCHUCK RE: CHURCH; TC GREG; TC DAVID; TC'S GREG 2.00 03/12/01 FAI PREPARED FOR TOMORROW'S EXECUTIVE SESSION AND HEARING; PREPARED OUTLINE AND SUMMARY 0.50 03/13/01 FAI DRAFTED RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENTS; REVISED MCBRIDE EASEMENT; TC PAT MOORE; ATTENDED EXEC. SESSION; CONDUCTED EMINENT DOMAIN HEARING AT TOWN BOARD 6.00 03/14/01 FAI CORRESP. TO SUPERVISOR; TC MEDIA; TC'S GREG; TC JIM BUNCHUCK 1.00 03/15/01 FAI TC BILL GOGGINS; TC MARY WILSON; TC GREG AND REVIEWED CORRIZINI AGREEMENT; FAX AND CORRESP. TO BILL GOGGINS 0.80 03/20/01 FAI TC MARY LOU FOLTS RE: PFLUGER EASEMENT; TC PAT MOORE'S OFFICE RE: JERICHO EASEMENT; RECEIVED CORRESP. FROM TOWN ATTORNEY; TC GREG 0.50 03/21/01 FAI TC MARY WILSON RE: PUBLICATION DELAY 0.10 03/26/01 FAI TC JIM BUNCHUCK; PREPARED REVISED EASEMENT FOR BLAST (PFLUGER) ; CORRESP. TO MARY LOU FOLTS 0.90 03/29/01 FAI CORRESP. TO SUPERVISOR RE: 372 JERICHO CORP. ; CORRESP. TO JOHN CUSHMAN; CORRESP AND TC GAIL WICKHAM'S OFFICE 0.80 FRANK A. ISLER 27.10- 02/08/01 SRG CONF. FAI RE: EASEMENT; DRAFT EASEMENT; REVIEW TITLE REPORT ON EASEMENT PROPERTIES 2.00 • * Page: 3 TOWN OF SOUTHOLD 04/02/01 ACCOUNT NO: 66928-OOM STATEMENT NO: 2 LANDFILL CONDEMNATION HOURS 02/13/01 SRG REVIEW FAX FOR CHURCH PROPERTY; REVIEW TITLE ISSUES ON ALL PROPERTIES 0.30 03/01/01 SRG CHECK REL. CORP. LAW RE: AUTHORITY TO EXECUTE DEED 0.40 SUSAN ROGERS GRUN 2.70 FOR CURRENT SERVICES RENDERED V 29.80 5,215.00 02/28/01 PHOTOCOPIES - FEBRUARY COPIES (95) 9.50 03/05/01 PHOTOCOPIES 3.00 03/05/01 POSTMASTER - CERTIFIED MAIL RETURN RECEIPT 29.92 03/07/01 PHOTOCOPIES 3.50 TOTAL EXPENSES 45.92 -, TOTAL CURRENT WORK 5,260.92 \, 0 0 SOS3 �CD JEAN W. COCHRAN GREGORY F.YAKABOSKI h`Z`� G?� Supervisor TOWN ATTORNEY o ti Town Hall, 53095 Route 25 0P.O.Box 1179 MARY C.WILSON Alb- ��� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY ,( jog �a Telephone(631) 765 -1889 Fax(631) 765-182323 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck, Landfill From: Gregory F. Yakaboski, Esq. Town Attorney Date: April 17, 2000 Re: Landfill Closure — working & construction easements Jim: As we have discussed, enclosed you will f nd additional invoice for$785.00 from Young& Young Land Surveyors for construction &working easements and descriptions (omitted from their first report) together with our standard voucher signed by John Schnurr. Please keep in mind that the Town has already paid$1400.00 to Young& Young for their original map, easements and descriptions which I signed off on. I would rather have you discuss this additional expense with Young& Young and to sign off on landfill closure expenditures in the future. If you have any questions,please call me. For your file, I am enclosing a copy of the updated survey, dated March 23, 2000. Greg /md enc. Town Authold, New York -Standard Vwer PAY TO: Payee Tax Identification Number Payee Name: Young & young or Social Security Number: 11-2218383 Address: 400 Ostrander Avenue Payee Reference 00-0032 Riverhead, New York 11901 Phone No.(631 ) 727-2303 Invoice Number 17559 Invoice Date 3-28-00 Vendor Contact John Schnurr Purchase Order Number SR06530 P.O.Date Cash Discount % Days Im Un Number Description of Materials/Services Quantity PPricee Amount Professional services rendered from 3/15/00 thru 3/27/00 in conjunction with additional easements and revisions to mapping. $785.00 Total $785.00 Net Payee Certification The undersigned(Claiman ctin n f of the above named claimant)does hereby certify that the foregoing claim is true and correct and that no s d, cept as therein stated,and that the balance therein stated is actually due and owing. Signature Title Partner Dated March 28, 2000 Department Certification I hereby certi at the materials above specified have been received by me in good condition without substitution,the services properly performe and that the quantities thereof have been verified with the exceptions or discrepancies noted,and payment is approved Signature Title Dated Check # Town of Southold BILL OF . . . . . . . . . . . . . . . . . . . . . . . Vendor No. . . . . . . . . . . . . . . Invoice No. . . . . . . . . . . . . . . Invoice Date . . . . . . . . . . . . . . Amount Claimed $ . . . . . . . . . . Purchase Order No. . . . . . . . . . For Services and Disbursements as . . . . . . . . . . . . . . . . . . . . . . . Fund and Account . . . . . . . . . . Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . . . . . , 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Clerk YOUNG &YOUNG Planning, Engineering& Land Sutveying 400 Ostrander Avenue Telephone(631) 727.2903 Rivethead, New York 11901 Facsimile(62 1) 727-0144 HOWARD W.YOUNG,Land Surveyor THOMM C.WOLPERT,Proressiona►Engineer JOHN SCHNURR,Land Surveyor SCTM: 1000-096 . 00-01 . 00-017 . 003 Invoice Date: 03/28/00 Invoice No. 17559 Survey No. 2000-00032 Survey For: Bill To: 1090 SOUTHOLD, TOWN OF TOWN OF SOUTHOLD (LANDFILL) P.O. BOX 1179 53095 ROUTE 25 SOUTHOLD, NY 11971-0959 ---------------------------- L O C A T I O N ----------------------------- Hamlet : CUTCHOGUE Town: SOUTHOLD Lot # : Subdiv: Street : MIDDLE ROAD (C.R. 48) & : COX' S LANE ---------------------------------------------------------------------------- PROFESSIONAL SERVICES RENDERED FROM MARCH 15, 2000 THROUGH MARCH 27, 2000 IN CONJUNCTION WITH ADDITIONAL EASEMENTS AND REVISIONS TO MAPPING (REFER TO PURCHASE ORDER NO. SR06530) 785 . 00 ------------- TOTAL: 785 . 00 Please refer to invoice or survey number on remittance APR 42000 kw s Qj. vtFF01 ��05 /( JEAN W. COCHRAN .Z. �G GREGORY F.YAKABOSKI � y��.�, Supervisor TOWN ATTORNEY o '� N Z F Town Hall, 53095 Route 25 P.O. Box 1179 MARY C.WILSON __,y� �� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �� � `�� Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck, Landfill From: Gregory E Yakaboski, Esq. Town Attorney Date: April 10, 2000 Re: Landfill Closure — construction & working easements and descriptions Jim: My office has taken care of the purchase order and voucher for the survey and easement descriptions recently prepared by Young& Young. As this has to do with the landfill closure, I would feel more comfortable if,from now on, you would sign off on these expenditures in an effort to keep you better informed. Greg imd encs.: memo to John Cushman dated 4/10/00 copy invoice dated 3115/00 from Young& Young - $1400 copy of purchase order #06530 copy of signed voucher cc: John Cushman, Accounting • SVFF�(� • JEAN W. COCHRAN GREGORY F.YAKABOSKI ��0�O COGy Supervisor TOWN ATTORNEY Cc Town Hall, 53095 Route 25 T P.O. Box 1179 MARY C.WILSON y ��� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY j �`a Telephone(631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: John Cushman Accounting From: Gregory E Yakaboski, Esq. Town Attorney Date: April 10, 2000 Re: Landfill Closure — construction & working easements and descriptions Attached you will find invoice for $1400.00 from Young& Young Land Surveyors, a purchase order #06530 and signed voucher for services relating to the landfill closure. Please be advised that an additional charge will be forthcoming for an another easement and description at the landfill... /md enc. cc: Jim Bunchuck, Landfill YOUNG&YOUNG * • Planning, Engineetng&Land Surveying 400 Oftipdet Avenue 727-2303 Rlvethead, Now Yotk 11901 Facsimile(516) 727-0144 HOWARD W.YOUNG,Land Surveyor THOMM C.WOLPERT,Professional Engineer JOHN 2CHNURR,Land Surveyor SCTM: 1000-096 . 00-01. 00-017 . 003 Invoice Date: 03/15/00 Invoice No. 17518 Survey No. 2000-00032 Survey For: Bill To: 1090 SOUTHOLD, TOWN OF GREGORY F.-YAKABOSKI, ESQ. (LANDFILL) TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NEW YORK 11971-0959 ---------------------------- L O C A T I O N -------------- - -------------- Hamlet : CUTCHOGUE Town: SOUTHOLD Lot # : Subdiv: Street : MIDDLE ROAD (C.R. 48) & COX' S LANE --'-------------------------------------------------------------------------- PROFESSIONAL SERVICES RENDERED FROM MARCH 7, 2000 THROUGH MARCH 15, 2000 IN CONJUNCTION WITH PREPARATION OF CONSTRUCTION & WORKING EASEMENT.,MAP_,-. U SEVEN...L7.)__SURVEYORS DESCRIPTIONS FOR CONSTURCTION & WORKING EASEMENTS 1, 400 . 00 (REFER TO P.O. NO. 06530) ------------- TOTAL: 1, 400 . 00 Please refer to invoice or survey number on remittance �1N APR 5 2000 TOWN OWN OF SOUTHOLD o�g\1FFOLK OWN OF SOUTHO LIP W T O � � Purchase Order # - 06530 Tax Exempt # A163554 Date 3/14/00 Account # H 15.8160.2.100.100 (land iI capping ["Deliver and send billing to: 7Vendor Department Gregory F. Yakaboski, Esq. Young 8 Young Southold Town Attorney 400 Ostrander Avenue Address 53095 Main Read Riverhead, NY 11901 P.O. Box 1179 l� Southold, NY 11971-0959 VENDOR "Return this copy and Town of Southold voucher itemized and signed for payment" ITEM QUANTITY DESCRIPTION UNIT COST TOTAL easemerltji v r, Iat capping $1400.00 pr fgssin edJTom 3/, p t u 3 c tiolCi o & i a nt ) s Ip n �W n J a e f- THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD ANO THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFyXP4T FUNDS AVAILABLE IN E PP OPRIAT HARGED Hea 400 I CERTI THIS O BE A JUST AND TRUE PURCHASE ORDER Sup rvisor VENDOR COPY Town Authold, New York - Standard Aher PAY TO: Payee Tax Identification Number Payee Name: or Social Security Number: Young � Young 11-2218383 Address: Payee Reference 400 Ostrander Avenue 00-0032 Riverhead, New York 11901 Phone No. 6( 31 ) 727-2303 Invoice Number 17518 Invoice Date 3-15-00 Vendor Contact John Schnurr Purchase Order Number 06530 P.O.Date Cash Discount % Days em Number Description of Materials/Services Quantity Pn°ce Amount Professional services rendered from 3/7/00 thru 3/15/00 in conjunction with Preparation of Construction & Working Easement Map, and seven (7) Surveyors Description for Construction & Working Easements $1,400.00 Total $1,400.00 _ Net Payee Certification The undersigned(Claimant) cting on behalf of the above named claimant)does hereby certify that the foregoing claim is true and correct and that no s aid cept as therein stated,and that the balance therein stated is actually due and owing. Signature Title Partner Dated March 15, 2000 Department Cert cation I hereby certifyt the materials above specified have been received by me in good condition without substitution,the services properly performed and that t e quanti' s th have been verified �with the exceptions or discrepancies noted,and payment is approved Signa _ Title A4416-W M Dated 3 $ w Check # Town of Southold BILL OF . . . . Young.& .Y.oung. . . . . . . Land Surveyors Vendor No. . . . . . . . . . . . . . . Invoice No. .1.7518 . . . . . . . . . . Invoice Date .3/15/00. . . . . . . . . . . . . Amount Claimed $ 1.400,0.0. . . . . Purchase Order No. 06530 For Services and Disbursements as landfill caping project - Construction .&. Working. Easement Maps E 7 descriptions Fund and Account H 1.5•.816.0.Z,100.100 T Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . • Audited . . . . . . . . . . . 19 . . . . Town Clerk >i' • �S�FFU�,�c JEAN W. COCHRAN GREGORY F.YAKABOSKI �.��� �� Supervisor TOWN ATTORNEY W Town Hall, 53095 Route 25 P.O. Box 1179 MARY C.WILSON ,f, • Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �Q� �a0 Telephone (631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@asouthold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Landfill From: Mary C. Wilson, Esq. Assistant Town Attorney Date: April 10, 2001 Re: Landfill Closure Jim: Enclosed for your records is a copy of statement of account dated March 2, 2001, in the amount of$4032.48 for attorney services rendered in regard to the landfill closure. This billing was forwarded to accounting for payment on April 9th. Mary /md enc. S:\Attorney\GREG\MELANIE\GREG\memo(MCW).DOC ....... 2, 2001Riverhead N. Mach p ..... ....................................... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. TO...�m lih,,,,Finke1stein,.. Lundberg ._Isler.and..YakabosiciClaimsnt .. 456 Griffing Avenue,: P. O. Box 389 Address.. 'f�iverliead'; 'thew"�4'o'rTc' 'll'3ti1' ..........................., 11-1993737 Fed. I. D. No. ............................... orSoc. Security No. ................... 66928 For services rendered from January 30, 2001 to and including February .28, 2001 encompassing 22.9 partne hours according to the time sheets submitted herewit /76-1010 1 4007. 50 Disbursements: 24. 98 Photocopies $5.60 - Faxes .$18.20 Postage $1.18. $4032. 48 The undersigned (Claimant) (AtGdngMrPb6l3GfVtZbOue)MRVA ?MKII does hereby certify that the (cross out one) foregoing claim is true and correct and that no part thereof has paid,except as th in stated, and that the-balance therein stated is actually due and owing. March 2, 2001 :Dated ............................................ ........... ....... ......................- . . ....... ........................... Signature Frank A. Isler , Partner Smith, Finkelstein, Lundberg , Isler and Yakaboski DEPARTMENT CERTIFICATION hereby certify that the .materials above.- specified have been received by me in good condition without .substitution, the services properly performed and that the quantities thereof have been. verified with the exceptions or discrepancies noted, and payment is approved. "1'itlr: 1,alt Town Attorney Dated #/ (a /01 Title Supervisor Dated / /01 Jd& W. Cochran < ac"(+ LOP / CL : j'm eur cluct �Ow 1 • gyfFO(K�o *OWN OF SOUTHOL& Purchase Order # - 08015 Tax Exempt # A163554 Date March 26, 7001 Account 2 .. o• 1 Deliver and send billing to: Vendor Department Town Attorney Smith, Findelstein, Lundberg, Southold Town Hail Isler and Yakaboski Address 53095 Main Road 456 Griffin g Avenue P.O. Box 1179 P.O. Box 369 Southold, NY 11971-0959 I Riverhead, NY 11901-0203 L_ 727-4100 VENDOR "Return this copy and Town of Southold voucher itemized and signed for payment" ITEM QUANTITY DESCRIPTION UNIT COST TOTAL Re: So i, d' ' i I este t I ac €visit o m*brary eM k� es f 8 , J p $ 4407.50 24.98 "s $ 4032.48 THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE DEPARTMENT'S CERTIFICATION OF GOODS OR SERVICES SUFFICIENT FUNDS AVAILABLE IN THE APPROPRIATION CHARGED I certify that the goods or services were received by this Departme nd II ceptions duly noted. Dept. Hbad. I CERTIFY THIS TO BE A JUST Signed Title T%1 RUFPU,RCHASE ORDER SuperVisor Date T1T l'Y T T)MA.$Tn?.TT in -r T TATry Mr1P1V SMITH, KELSTEIN, LUNDBERG, ISLER AND KABOSKI ttorneys and Counselors at La 456 riffing Avenue, Corner Lincoln reet P.O.Box 389 Riverhead, N.Y. 11901 (631) 727-4100 Page: 1 TOWN OF SOUTHOLD 03/02/01 ACCOUNT NO: 66928-OOM STATEMENT NO: 1 LANDFILL CONDEMNATION " BILL EDIT/BILL HOLD" HOURS 01/30/01 FAI TC'S GREG YAKABOSKI; RESEARCH 1.00 01/31/01 FAI TC GREG; REVIEWED MATERIAL; CORRESP. ; TC TOM MAHER 0.20 02/01/01 FAI TC DAVID GLASS; RECEIVED FAX 0.20 02/02/01 FAI LONG TC GREG; CONF. GREG; TC JERRY FERNANDEZ; BEGAN REVIEW OF FILE 3.50 02/05/01 FAI TC TOM MAHER; REVIEWED 202-BORDER AND RESOLUTION; TC HOWIE YOUNG; FAX TO HOWIE; TC GREG; TC TO CHICK VOORHEES; ORGANIZED FILES 2.00 02/06/01 FAI TC CHICK VOORHEES; TC GERRY FERNANDEZ; RECEIVED EASEMENT REPORT; RECEIVED SOLID WASTE DISTRICT DOCUMENTATIONS; TC'S GREG; REVIEWED CASE LAW 1.50 02/12/01 FAI REVIEWED PROPOSED CHANGES FROM BILL GOGGINS TO EASEMENT AGREEMENT; FAX TO BILL; RECEIVED UPDATED TITLE REPORT ON KRUPSKI; CORRESP. TO SCHROEDER RE: BAYBERRY ENTERPRISES; TC BOB SMITH; CORRESP. TO PAT MOORE; CORRESP. TO DICK LARK; PREPARED EASEMENT AGREEMENT 2.50 02/13/01 FAI ATTENDED EXECUTIVE SESSION OF TOWN BOARD; SITE INSPECTION; CONF. WITH EASEMENT OWNERS 5.50 Page: 2 TOWN OF SOUT 03/02/01 OCOUNT NO: 66928-OOM STATEMENT NO: 1 LANDFILL CONDEMNATION HOURS 02/14/01 FAI REVISIONS TO EASEMENTS; TC'S GREG; FAX TO D&B; FAX TO BILL GOGGINS 1.50 02/15/01 FAI REVIEWED D&B COMMENTS TO SCHEDULE C TO LYBERTI; STATUS OF BLAST (DICK LARK) EASEMENT; REVIEWED CORRESP. FROM GAIL WICKHAM; FAX TO GREG AND D&B; TC PAT MOORE RE: 372 JERICHO; FAX FROM GREG 1.50 02/16/01 FAI FAX PROPOSED INDEMNIFICATION LANGUAGE TO D&B; TC DAVE GLASS APPROVING THEM; PROVIDING RESPONSES TO GAIL WICKHAM'S INQUIRIES; REVISIONS TO EASEMENTS; CORRESP. TO GAIL WICKHAM; FURTHER REVISED EASEMENTS; TC GAIL; TCS' TOWN OFFICIALS; CORRESP. TO PAT MOORE 2.00 02/26/01 FAI RECEIVED TITLE INFO. RE: EASEMENT PROPERTIES 0.30 02/27/01 FAI TC GAIL WICKHAM; STATUS OF SCHROEDER; RECEIVED CORRESP. FROM GREG 0.50 02/28/01 FAI REVISED WILSON/LYBERT EASEMENT; CORRESP. TO GREG; STATUS OF SCHROEDER; TC GREG 0.70 FRANK A. ISLER 22.90 FOR CURRENT SERVICES RENDERED 22. 90 4, 007. 50 02/09/01 Copier 1.30 02/09/01 Faxes 0. 60 02/09/01 Faxes 0. 50 02/09/01 Faxes 1.40 02/09/01 Faxes, 1.20 02/12/01 PHOTOCOPIES 0.80 02/12/01 PHOTOCOPIES 1.00 02/12/01 PHOTOCOPIES 1.00 02/13/01 FAX 9.00 02/13/01 PHOTOCOPIES 1.50 02/13/01 FAX 3. 50 02/14/01 FAX 1.50 02/14/01 POSTAGE 1.18 02/22/01 FAX 0.50 TOTAL EXPENSES 24 . 98 Page: 3 ^,' �•• TOWN OF SOUT1 03/02/01 .ACCOUNT NO: 66928-OOM STATEMENT NO: 1 LANDFILL CONDEMNATION TOTAL CURRENT WORK 4, 032.48 BALANCE DUE $4, 032.48 ` Check# Town of Southold BILL OF 372 Jericho Corp. Vendor No. 25174 Invoice No. 4/1/03-36 Invoice Date 3/1/03 Amount Claimed $105.55 Purchase Order No. For Services and Disbursements as Easement No. 36-4/03 Fund and Acccount H15.8160.2.300.150 Entered by Allowed, $ Audited , 20 Town Clerk Town of othold, New York - Standarceiucher PAY TO: Payee Tax Identification Number ' Payee Name: or Social Security Number: 372 Jericho Corp. Address: Payee Reference 150 Bergen Avenue -- -- Mattituck,NY 11952 Phone No. Vendor Contact Invoice Number Invoice Date Purchase Order Number P.O.Date Cash Discount % Days Item Unit Number Description of Materials/Services Quantity Price Amount Easement No. 3B-4/03 $105.55 Total $105.55 Net $105.55 Payee Certification The undersigned(Claimant)(Acting on behalf of the above named claimant)does hereby certify that the foregoing claim is true and corre. and that no part has been paid,except as therein stated,and that the balance therein stated is actually due and owing. Signature Title Town Comptroller Dated Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that the quantities therreeof,have been verified with the exceptions or discrepancies noted,and payment is approved. Signature ^ itle lid Waste Coordinator Dated r . • Check # Town of Southold BILL OF Blast Holding, LLC Vendor No. 13067 Invoice No. 3903-213 Invoice Date 4/9/03 Amount Claimed $450.00 Purchase Order No. For Services and Disbursements as Easement No. 2B-4/9/03-5/8/03 Fund and Acccount H15.8160.2.300.150 Entered by Allowed, $ Audited , 20 Town Clerk Town ofSo hold, New York - Standard ucher PAY T0: Payee Tax Identification umber Payee Name: or Social Security Number: Blast Holding,LLC Address: Payee Reference 21 Madison Street Greenport,NY 11944 Phone No. Vendor Contact Invoice Number Invoice Date Purchase Order Number P.O.Date Cash Discount % Days Item Unit Number Description of Materials/Services Quantity Price Amount Easement No. 2B-4/9/03-5/8/03 $450.00 Total $450.00 Net $450.00 Payee Certification The undersigned(Claimant)(Acting on behalf of the above named claimant)does hereby certify that the foregoing claim is true and corre and that no part has been paid,except as therein stated,and that the balance therein stated is actually due and owing. Signature Title Town Comotroller Dated Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that the quantities thereof have been verified with the exceptions or discrepancies noted,and payment is approved. SignatureLkGf. Title Solid Waste Coordinator Dated —�3 r 0 Check # Town of Southold BILL OF Richard W. Corazzini, Jr. Vendor No. Invoice No. 22403-3A Invoice Date 3/25/03 Amount Claimed $322.22 Purchase Order No. For Services and Disbursements as Easement No. 3A-3/25/03-4/24/03 Fund and Acccount H15.8160.2.300.150 Entered by Allowed, $ Audited , 20 Town Clerk Town of othold, New York - Standardoucher PAY TO: Payee Tax Identification Number 1 Payee Name: or Social Security Number: Richard W.Corazzini,Jr. Address: Payee Reference Nassau Point Road Cutchogue,NY 11935 Phone No. Vendor Contact Invoice Number Invoice Date Purchase Order Number P.O.Date Cash Discount % Days Item Unit Number Description of Materials/Services Quantity Price Amount Easement No. 3A-3/25/03-4/24/03 $322.22 Total $322,22 Net $322.22 Payee Certification The undersigned(Claimant)(Acting on behalf of the above named claimant)does hereby certify that the foregoing claim is true and corre. and that no part has been paid,except as therein stated,and that the balance therein stated is actually due and owing. Signature Title_ Town Comptroller Dated Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that the uantities th reof have been verified with the exceptions or discrepancies noted,and payment is approved. Signatur itle Solid Waste Coordinator Dated '7 �%� Check # Town of Southold BILL OF Bayberry Enterprises Vendor No. 2129 Invoice No. 22803-2A Invoice Date 4/1/03 Amount Claimed $261.11 Purchase Order No. For Services and Disbursements as Easement No. 2A-4/1/03-4/30/03 Fund and Acccount H15.8160.2.300.150 Entered by Allowed, $ Audited , 20 Town Clerk " Town ofuthold, New York - Standar oucher PAY TO: Payee Tax Identifica umber Payee Name: or Social Security Number: " Bayberry Enterprises Address: Payee Reference PO Box 119 Peconic, NY 11958 Phone No. Vendor Contact Invoice Number Invoice Date Purchase Order Number P.O.Date Cash Discount % Days Item Unit Number Description of Materials/Services Quantity Price Amount Easement No. 2A-4/1/03-4/30/03 $261.11 Total $261.11 Net $261.11 Payee Certification The undersigned(Claimant)(Acting on behalf of the above named claimant)does hereby certify that the foregoing claim is true and corr& and that no part has been paid,except as therein stated,and that the balance therein stated is actually due and owing. Signature Title Town Comptroller Dated Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that the quantities thereof have been verified with the exceptions or discrepancies noted,andpaymentis approved. Signaturet'`'`�x{ gGLLf C Title Solid Waste Coordinator —Dated--'/' — a��� 0gt►FFOLjt 46 JEAN W.COC&;�` + supervisor GREGORY F.YAK"OSKI TOWN ATTORNEY Town Hall,55095 Route 25 P.O.Sox 1179 Southold,Now York 11971-0959 MARY C.WILSON �O� Telephone(631)766-1889 ASSISTANT TOWN ATTORNEY 1 4 Fax(631) 765-1829 E-mail: townzttorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Gregory F. Yakaboski, Esq. Town Attorney Date: July 31, 2000 Re: Complete Appraisals, Self Contained Reports for Construction Easements at Southold Town Landfill Please note that the attached temporary easement reports prepared by Roberts &Taylor Appraisers, Inc. on the following list of properties is CONFIDENTIAL ATTORNEY/CUENT INFORMATION and is not to be released for review to anyone except Town Board members until further notice. (1A) Frank J. McBride 1000-96-1-2 (1 B) John P. Krupski, Jr. 1000-95-2-1.1 (1 C) Frank J. McBride 1000-83-3-6.1 . v 1000-84-3-3 — L(. n j . (2A) Bayberry Enterprises (26) Blast Holding, Inc. 1000-84-3-5 — (3A) Richard Corazzini 1000-84-1-26.2 (35) Retirement Management Co. 1000-84-1-26.3 �-(`u (4A) Arnold W. Wilson & Frances �.y 6 L.,+ 1000-98-1-16 (413) First Baptist Church of Cutchoguo 1000-95-1-13.1 -. 460. Please file in your office for safekeeping and easy access for the board members. Thank you. /md attachments r r 0JEAN W. COCHRAN GREGORY F.YAKABOSKI Supervisor�� `� TOWN ATTORNEY y = Town Hall, 53095 Route 25 P.O.Box 1179 MARY C.WILSON 'F Southold,New York 11971-0959 Telephone(631) 765-1889 ASSISTANT TOWN ATTORNEY Fax�►a Fax(631)765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD By Facsimile: 631-361-5134 December 20, 2000 Harvey B. Besunder, Esq. 700 Veterans Memorial Highway Suite 310 Hauppauge, NY 11788 Re: Landfill Construction Easements McBride Parcel (adjacent to Landfill on West) Dear Harvey, As requested, I never received any written correspondence with the details regarding either your request for the Town to hire Dick Ryan or Gail Wickham's proposal on the McBride parcel. The last Town Board meeting for the year was held on Tuesday, December 12th, and without correspondence from you, the issues were held until another meeting. The "team" supporting the Town Board on the overall Landfill closure and capping is: Jim Bunchuk (Solid Waste Coordinator) 734-7744 and Project Manager; Tom Maher, (Lead Engineer from D&B) Project Engineer 516-364- 9890; Chick Voorhis (Environmental Consultant) 427-5665; and yourself with respect to securing the Landfill construction easements and the McBride parcel. Just to confirm, per our last discussion, you were contacting Howard Young to follow up and secure individual survey maps for each of the construction easements and there was no other information needed from my office at this time. If, or when, additional information or documentation is needed, please do not hesitate to call. With respect to the McBride parcel, this parcel is owned by Frank McBride. Richie, Frank's son, called and spoke to the Supervisor yesterday. I would respectfully suggest that you contact the Supervisor for details. May I also suggest that you call Jim Bunchuck (734-7744) and provide him with your status report and Jim will be able to provide you with anything you made need regarding this matter. I will be out of the office from December 21St until January 2, 2001. My best wishes to you for a Happy and Safe Holiday Season! Very truly yours, re . Yakaboski, Esq. �Attorney G FY/md cc: Jean W. Cochran, Town Supervisor Jim Bunchuck, Solid Waste Coordinator & Project Manager Tom Maher, Project Engineer Chick Voorhis, Environmental Consultant P.S.- Please do not forget to forward a written retainer agreement. s • SOFfJEAN W. COCHRAN ��►� CSG Supervisor GREGORY F.YAKABOSKI TOWN ATTORNEY y Town Hall, 53095 Route 25 P.O.Box 1179 MARY C.WILSON • Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY y��! �aO! Telephone(631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Express Mail EK786250174US November 1, 2000 Harvey B. Besunder, Esq. 700 Veterans Memorial Highway Suite 310 Hauppauge, NY 11788 Re: Southold Town Landfill Closure Dear Mr. Besunder: In addition to the appraisals that were given to you at the Town Board meeting held on October 24, 2000, please find enclosed the following in regard to the construction and working easements for the closing of the Southold Town Landfill: ■ Original Title Report No. RH80002675 prepared by Commonwealth Land Title Insurance Company on the easements with its attachments ■ Original transmittal letter of Dvirka and Bartilucci dated August 3, 2000, to James Bunchuck, Solid Waste Coordinator including a brief description of each easement ■ Original Appraisal prepared by Rogers & Taylor Appraisers, Inc. dated 6/28/00 for a temporary easement on parcel SCTM #1000-96-1-2 (McBride) ■ Original Appraisal prepared by Rogers & Taylor Appraisers, Inc. dated 4/12/00 for full market value on parcel SCTM #1000-96-1-2 (McBride) ■ Original Appraisal prepared by Given Associates dated 8/29/00 for full market value on parcel SCTM #1000-96-1-2 (McBride) • Copy of Appraisal prepared by John G. Bendick & Associates dated 11/19/99 for full market value on parcel SCTM #1000-96-1-2 (McBride) I Harvey B. Besunder, Esq. November 1, 2000 page 2 ■ Town of Southold Landfill Closure Construction Schedule ■ Original copy of letter from Dvirka and Bartilucci to Mary C. Wilson, Esq., Assistant Town Attorney, dated January 12, 2000, describing the extent and purpose of the easements ■ Construction Easements at Southold Town Landfill - list of properties, easement Vs, owners of parcels, appraisal values and contacts ■ Our only copy of survey prepared by Howard W. Young, Surveyor, of Young &Young, Land Surveyors which includes tax map numbers together with copy of his transmittal letter dated September 12, 2000 ■ Copy of letter from Dick Ryan, chairman of our Land Preservation Committee dated May 5, 2000 ■ Copies of letters sent to all property owners re: meeting at Town Hall on March 21, 2000 ■ Copy of DEC consent order that the Town of Southold is operating under (Index No. 91-19050, Justice Werner) ■ "Moratorium " letter of County of Suffolk, Department of Health Services re: "Special Water Supply Restriction —Town of Southold" dated 1/28/97 (Would you like a copy of the map of the affected area?) I trust this information will be of value to you in your handling of this matter. If you should require any additional information, please do not hesitate to call me. Very yours, re F. kaboski, Esq. T n orney /md encs. cc: Supervisor Cochran Southold Town Board Jim Bunchuck, Solid Waste Coordinator Thomas Maher, President - Dvirka and Bartilucci i Young & Young, Land Surveyors ��>o ';�OlITi J 400 Ostrander Avenue, Riverhead, New York 11901 i 516-727-2303w= D LI Tt lg Alden W. Young, RE & L.S. (1908-1994) Howard W. Young, Land Surveyor �<g� Thomas C. Wolpert, Professional Engineer planning KennethJohn Schnurr,4Land Surveyor a, Land Enginrrring *nrurging I I i i I I I V 0 I v .off I • LANE S62-28'1 4"E Cox S oil I � uL zo oa .. l �O L € C: ^ _ now or formerly Prime Purveyors c - (0 `O now or formerly ° � z n I E (John A. Droskoski 8cl Z ° a Susan Droskoski O Z UL 20 0 F" �) Z OZ o U o�glr 507.89' - °� o Q S 62'09'44" E - E U O _r s_ ' - - MW-5S O T/CASING o 0.3 c 3 o EL. .24 /o O 3 ' M o now or formerly Bayberry Enterprises 1 MW-5D TEL.67I76 I M O •4- I k- O POLL � 1 . Proposed O O Q5 FRAME BUILDING O h 40 Wide Construction 3 & Working Easement ° w . Pa�E o �° Number 2 ,o � r7 `° 3 v rn o ;�1 f11� I r"N �o - - o o / S59'33'34"E `} `f_ �. z$` 826.32 z Proposed or for raze, 0.3. S58'42'44"E �4so.45'� � 'a- 365.8 _ � now 1. formerly Pud eCorp. 20�1.9'�_- EzA� J•.. (70)' � Y g Cor aP , 40 Wide Construction n n S59*33'34"E ;u X X x- X - MCS T,CASING T�CASING 826.23' S19•oo'44"W �'c Working Easement o re�.e) x x - b 3 now or formerly N_.... x�_ X. X m x no's EL485X WW,--X834 51 35' Nu Number Low I Roy A. S ' helin 8c 43 x X X - - - - - O X x N45'40'34"W Ngo Joanne Schelin _ IS 4 41.40' z�E S58'S6'244�E __,_• r 642 66' o 5A (44.7) 3 {r X3.1 •W 46k3 39' T " X01 2$> }, x f7 �T o now or formerly p 2 ri 7. 1. ,% .n �N Jose h Stioenst 5 "RUSH 0 x x x � S 56'24"E MW-4D m 5 - - I T/CASING 1 ND EL-49.24V' 8' • • WIRE EL-88A 2A r B /{v � GROU 9.24 - ©� - EL.63.56 2 O 1 C MW-7D ... - Q • 1 T/CASINO MW-4D - T/CASING LtJ EL.63.44 _:�...-" • 1 MW-2DLUO ., �} / _ i F , BRUSH EL.,7.,5 .. °� now or formerly BRUSH Arthur V. Junge z - F'r � MW-2D • T/CASING EL.18.06 8 � - (e1.1) X0.3, - _k now or formerly _ x �. N59 15 09 W 469.54 - - , Nath(.n '�-•iarris & Jennie `klarris 4 1. _ •� ,Q-f--�"�' WELL - ,� - R or form g B�Lotric P FiOW E.. � o - 67.a'�y FpbNrt =T 45 - ti .3Vw SEo�. aria mylor r � �w o �, • 37S6E 24 PIPE(",' .8'Wm o ' UM"CE ' 44 PIPt O 07W og 29 A 9ANY t' PRPOW °^'« v 29 :� l 2 B -_ - h - 46 - - GATE 0 O. x �8. -6815315 478 71' A31� O - - - t 00 ^ _ , X10 I d' 1 x k01�Ln N 57'55'34" VN 0 510.71' MW-6 6S WIRE EL-80.70 (191.6) GROUND EL-47.65 ,-. -.X., . XX✓ i. 'T/CAs, Cr - EL.5 %' __ ----- _ , • .42 10;24 v l E 8'01 4 W - - n " 409.2 Ln 48 z f �5 1f?X, Nco CDR �,4zo o `4A�Uf +fin 0° -I now or formerly Frank OD J. McBride x � � 41 P � o r0 _ ed _ ° 3 2 5� - - W� or�_structio m 28 • N58'01 � ' � - BRusH � � ,34"W& Working �t'asement °�n ' o� '�o `4x.24' 3 f NlJf7lbelt 4 O 2 49 0 co c `• 5 27 56'58'24"E MON 12 39 103.12 0.6N � ; 0.6'N - rx1, Tov" .. J 0.29' - -- - x. O MW-6s 14 - I T/CASING W EL.52.66 15Y O � N r °16 3 o I MW-GD I T/CASING O - - EL.52.37 26 I Z 0)1. N I Cb 1 MW-1D 13 2C 25A TECASING gff �. Q O r, - L.44.83 _ `g8 - - - 24 - , f "�------ - r -- - \ rHILL ROA T/CASIN - - EL44.81 i 25B �a "RE f1=75.15 .. -17- j GROUND EL-46-77 C O _ _-. (16.1) r' O y �• 21 % ' 20 ---- v m tom A� - Q 23fid 238 N55.,,'22'34"W �`' " 'i ° Ing� =._. �. x _X_X X Q Q, f 2 m � I ""''-' -•- L- '�"�:... i . - x X x-.-_ _ - --- - -" - �'-.- ; ME 2.5' $--Oi W N55-16'24"W_ _� X x - '��:�� - :. 23 eUILDING ®_.«3 --- 7 - -�X--_XO ��n m x s Y >. +0.2 w 10 3 "`-` �� - , S552234"-- 346.72' 5522 34" 3 /+ 60' 46.72' �t " now Or formerly John ProposedN56'33 4"W �7 n�i P. Krupski 40' Wide Construction 48 s' r $N 'C� E�'1- 4„ 5 w o �C?' �N SCHN� NSi'22'3 y & Working Easement 5.39. �. 37 Number 1 V NOTE: 1k 1. ■ = MONUMENT FOUND now or formerly Fronk J. 2. 0 = PIPE FOUND �� �o MCBrlde 3. -x-x- = CHAIN LINK FENCE Z 4. Q• = TEST BORING SITE SF��AfVD Sv�J 5. $ = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 I I MAP PREPARED FOR TOWN OF SOUTH OLD At Cutchogue, Town of Southold Suffolk County, New York �-,.. County Tax Map District 1000 Section 96 Block 01 Lot 17.3 lCONSTRUCTION & y WORKING EASEMENT MAP lJ . .)V O W �tyGF MAP PREPARED MAR, 6, 2000 yyU �•ON< SCALE 1" = 100' JOB NO. 2000-0032 OF 1 ' � F DWG. 970763-easement O hDvi rka and CONSULTING Bartilucci ENGINEERS 330 Crossways Park Drive,Woodbury, New York, 11797-2015 516-364-9890 ■ 718-460-3634 ■ Fax:516-364-9045 e-mail: db-eng0worldnet.att.net August 3, 2000 James Bunchuck, Solid Waste Coordinator Town of Southold Town Hall 59095 Main Road P.O. Box 1179 Southold,NY 11971 Re: Southold Landfill Construction and Working Easements D&B No. 1314-G4 Dear Mr. Bunchuck: Based on the inspections conducted on July 10, 2000, and July 17, 2000, of the proposed "Working and Construction Easements" at the landfill, we have prepared the attached brief descriptions of each easement. Each description includes photographs which were taken during the inspection. We suggest appending the descriptions to each agreement which the Town enters into with property owners in order to document existing conditions prior to the construction work. We also intend to append the descriptions to the construction contract documents. Based on the inspections, a leaching pool serving a sanitary system on Easement "4" may be damaged during construction. As a result, it is recommended that this leaching pool be relocated this fall prior to closure construction, which is currently planned to commence in January 2000. At this time, we do not anticipate relocation of the tractor used for pumping irrigation water on Easement"1 C"will be required; however, if relocation is required during construction,the Town can request the property owner to relocate the tractor at that time. The contractor will be required by the specifications to restore each easement after completion of construction. As presently contemplated, restoration would consist of replacing or repairing any structures damaged or removed during the work. Landscaped and unlandscaped vegetated areas which are disturbed would be seeded with grass and replacement of the tree located in the landscaped portion of Easement"4" likely will be required. A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. 6 0 OVIRKA AND BARTILUCCI James Bunchuck, Solid Waste Coordinator Page Two Town of Southold August 3, 2000 If you have any questions regarding this matter or require additional information, please do not hesitate to call me. Ve ly yours. Thomas F. Maher, P.E. Vice President TFM/DSGt/cmc,tam Enclosures cc: Jean W. Cochran, Supervisor, Town of Southold Gregory F. Yakoboski, Esq., Town Attorney, Town of Southold David S. Glass, Dvirka and Bartilucci Consulting Engineers ♦1314\TFMOOLTR42.DOQRO4) TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT 661C" I. Location: Easement "1C" borders a portion of the northern boundary of the landfill property. As shown on the attached drawing, Easement "1C" is 40 feet wide and approximately 560 feet long. 2. Property Owner: Now or formerly Frank J. McBride (based on attached survey map). 3. Date of Inspection: July 10, 2000. 4. Description: The easement is part of an active farm (see attached photographs). Unlandscaped vegetation borders the landfill property. North of the vegetation is a dirt road and further north are crops. There is an irrigation pipe with sprinklers, which was measured in the field to be greater than 40 feet from the landfill fenceline, and therefore beyond the limits of the easement. ♦1314/P0724021.D0QR04) IC-1 d1Dv i rka and O Bartilucci CONSULTING ENGINEERS 330 Crossways Park Drive, Woodbury, New York, 11797-2015 516-364-9890 • 718-460-3634 Fax: 516-364-9045 e-mail: db-eng@worldnet.att.net Principal Nicholas J.Bartiluwi,P.E. Henry J.Chlupse,PE. Thomas F.Maher,P.E. Robert T Buns,P.E. Richard M.Wake, February 2 2001 Steven A.Fangmann,P.E. Senior Associates Am"o.Conetta,P.E. Frank Isler, Esq. Dennis F Koehler,P E. Joseph H.Marturano Smith, Finkelstein, Lundberg, Isler and Yakoboski Kenneth J.Pritchard,RE. Tnnodnrc S "!or,Jr 456 Griffing Avenue P.O. Box 389 Afwia"' Riverhead,NY 11901 Rudolph F.Canrsvels Joseph A.Fioraliso,P E. David S.Glass,P.E. Wiliam D.McNin,PE. Re: Southold Landfill Closure Michael Neuberger,PE. p Brian M.Veith,P.E. D&B 1314 Charles J.Wachsmuth,P.E. Dear Frank: As discussed, please find enclosed descriptions of the Working and Construction Easements that we prepared for the Town of Southold. Other information pertaining to the easements should be with the Town Attorney's office. As also discussed, call Dave Glass of my office to arrange for an inspection of the easements next week. If you have any questions pertaining to the easements or closure of the landfill in general, please do not hesitate to call me. I look forward to working with you again. Very truly yours, Thomas F. Maher, P.E. Vice President TFM/tam Enclosure cc: Jean W. Cochran, Supervisor Gregory Yakaboski, Esq., Town Attorney James Bunchuck, Solid Waste Coordinator David Glass 01314/rFMOI LTR.doc-01 A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. 0.3, oil N59*15'09"W 11 0) C)p f 00 49.7 W-66631 S ASING 40.00 3.10 10 N 57*55'34" W 518.71' �TA' sl 6S EL.53. I� f rn Cr) V) C 6\ 53 I / or now % now or formerly Frank j. McBride *D BRUSH 12 7OO mW-6S 14 T/CASING W15 EL.52.66 15 MW-6D T/CASING EL52.37 z 13 S55*16'24 1 4 P�a 8 40' N55'1 At TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT "lA" 1. Location: Easement "IA" is located along the western property boundary of the landfill property. As shown on the attached drawing, Easement "IA" extends from County Route 48 to the northwestern corner of the landfill property. The easement is 40 feet wide and approximately 1820 feet long. 2. Property Owner: Now or formerly Frank J. McBride (based on attached survey map). 3. Date of Inspection: July 10, 2000. 4. Description: The easement is the border of an active farm. As can be seen from the attached pictures, within the limits of the easement from east to west are vegetation (unlandscaped), a dirt road which extends the entire length, and crops. No permanent structures were identified on the easement. ♦1314/P0724021.D0QR04) IA-1 NE = W 45893 �CANOSV gra ,ING a i� -.81 a� o W N N O N L O W� NOTE: 1. ■ = MONUMENT FOUND 2. 0 = PIPE FOUND 3. -x—x— = CHAIN LINK FENCE 4. QQ = TEST BORING SITE 5. = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTH OLD At Cutchogue, Town of Southold Suffolk County, New York County Tax MOP District 1000 Section 96 Block 01 Lot 17.3 CONSTRUCTION & WORKING EASEMENT MAP a ADDITIONAL EASEMENTS MAR. 23, 2000 MAP PREPARED MAR. 6, 2000 �; � SCALE 1" = 100' 1 N66 JOB NO. 2000-0032 1 OF 1 dab DWG. 970763—easement 49 $56'58 � E MON 39 95 27 ;103.12' 0 6'N N N \ O 0.6 7VTO wit29— C 16 j J S 2.6. 3 f 1 if CD - I to 0 CD 2 'C 25A ��` T/CASNG Q >4C-', EL.44.83 Q ILL ROADT/CASI/CAST NG 25B EL.44.81 WIRE EL-415 EiL�►w� 17 GROUND EL-46.77 _ (46.4) ^ C O 21 20 Ln 23V 236 ��'22�154 N � � ?� o X X >�c�r �r ���� - 1 ML 2.5' A. ° x x z �✓ 23 23A BUILDING 3 I X�' x �` :, -� 40.2'N �� 9.�c 1003.60' S55'22'34"E \N56-31'24"W 346.72' L, / N \ 480.84' U' O N / N55'22'34"W U'o 4+rn \ 0 375.39' - o � 0 NOTE: n O W 0r form erl 1. ■ = MONUMENT y Fronk J, Mc2. 0 = PIPE FOUNE de 3. -x—x- = CHAIN L 4. QQ = TEST BORIN 5. = MONITOR V 6. AREA = 60.009, 8. DATE OF AERIAL \ a W M O � TOWN At Cut I Su- J County Tax MaF 1 WO ' n w "o c 0 ADDITIONAL EASEMF MAP PREPARED SCALE 1" = 100' JOB NO. 2000-00' DWG. 970763-ease Ole I SN M • T/1% EL 13 S55*16'24"EP 1.4' 40' (le) 41 N55'16' 4"W 600 Proposed now or forrnerly John P. Krupski 40' Wide Constr & Working EasE Number I 0()0 O VO, ANNIL Near edge of C. R. 48 looking north Approx. 50' north of C. R. 48 looking north Approx. 150' north of C. R. 48 looking north I` .. R LA/P HOTO S/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE Bartilucci WORKING AND CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT "1A" ADIVISION OF WILLIAM F COSULICH ASSOCIATES.PC. Approx. 250' north of C. R. 48 -:- looking north Approx. 350' north of C. R. 48 looking north d Approx. 550' north of C. R. 48 looking north r RLA/PHOTOS/STHD1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE and rtilucci WORKING AND CONSTRUCTION EASEMENTS IdbCONSULTING ENGINEERS EASEMENT "1A" A DIVISIIXJ OF WILLIAM F COSULICH ASSOCIATES.PC. �I �^ Approx. 750' north of C. R. 48 W looking north Approx. +4.m 950' north of C. R. 48 looking north i � Approx. » ,r 1550' north of C. R. 48 looking north •C 4'/fj,p�'• 1C 7. R LA/PHOTOS/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE Barrtilucci WORKING AND CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT "1A" A DIVISION OF WILLIAM E COSULICH ASSOCIATES,P.C. Approx. 1350' north of C. R. 48 looking north Approx. 1550' north of C. R. 48 looking north ` RLA/P HOTOS/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE and dtilucci WORKING AND CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT "1A" A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT 661B" 1. Location: Easement "113" is located along the northwestern corner of the landfill property. As shown on the attached drawing, Easement "113" is an approximately square 40-foot by 40-foot area. 2. Property Owner: Now or formerly John P. Krupski (based on attached survey map). 3. Date of Inspection: July 10, 2000. 4. Description: The easement is part of an active farm. No permanent structures were identified on the easement, which consists of a dirt road and a vegetated area with mature trees; however, a tractor was found within the easement (see attached photographs). Irrigation pipes are connected to the tractor. ♦1314/P0724021.D0QR04) 113-1 < 45893 �C� _ $ D LANOS ':NG •/ ' _� 81 Et/1tis� 3 9 - � o N N �CP O N L O W� NOTE: 1. ■ = MONUMENT FOUND 2. 0 = PIPE FOUND 3. -x—x- = CHAIN LINK FENCE 4. QQ = TEST BORING SITE 5. 0 = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTH OLD At Cutchogue, Town of Southold Suffolk County, New York County Tax MOP District 1000 Section 96 Black 01 Lot 17.3 CONSTRUCTION & WORKING EASEMENT MAP ADDITIONAL EASEMENTS MAR. 23, 2000 MAP PREPARED MAR. 6, 2000 SCALE 1" = 100' 1 � JOB NO. 2000-0032 OF 1 �aF' DWG. 970763-easement O S 1 12 l� O Mw—ss 14 \ ECASING L.52�.66 � 1n W J o^_• _ N � 0 MW-6D it TrCASING 13 O { — S55'16'24"E 1 a' \P_ 40' V c (1 B) ;' N55'16'24"W / \ Ido I � Z Proposed � w or formerly John P. Kru s ' P k� 40' Wide Constru / & Working Easen Number 1 I Amak Looking east near northwest corner of landfill property a7- „ . ` b l l Looking northeast _ near northwest corner r ,� of landfill property Approx. 1750' north of C. R. 48 looking north RLA/PHOTOS/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE jd1band drtilucci WORKING AND CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT "1 B" A DIVISION OF WILLIAM F COSULICM ASSOCIATES,P.C. w. o u W 45893 �� m A��yy��cC'� w w3i: W N O N vi O W� NOTE: 1. ■ = MONUMENT FOUND 2. 0 = PIPE FOUND 3, -x—x— = CHAIN LINK FENCE 4. QQ = TEST BORING SITE 5. 0 = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTH OLD At Cutchogue, Town of Southold Suffolk County, New York County Tax MOP Devct 1000 Sector, 96 Bock 01 Lot 17.3 CONSTRUCTION & WORKING EASEMENT MAP 7N�3 ADDITIONAL EASEMENTS MAR. 23, 2000 MAP PREPARED MAR. 6. 2000 R;b. SCALE 1" = 100' 1181 JOB NO. 2000-0032 1 OF 1 DWG. 970763—easement I � � o � � 1 0 z \ o 1 t: I o I o E ° a) I 3 I I >_ /M o o now or fo � erly Bayberr nterprises o 3 E / � r M ° Propose o 0 = 40' Wide Co ction =3 m o x & Worki Ease ent � I 3 3 3 I � � I 0 umber 2 C: I o N W N• In ��O c — — V- N O) 826.32' S59'33'34"E ;. S58'42'44"E = /7 20 M 826.23' W- - T/CASING TMW/CASING EL.48.51 EL.48.34 4-30 v 0 Q 4 , \� a 0 .� Q 5AO0 O RUSH O 0 5 \ 2 GO { MW-2D T/CASIN 0 EL.17.15 BRUSH A JIIIIIIIII� AAL Now ►.� Campbell property boundary approx. 300' from '"`'" northern boundary of �. access way to Cox Lane looking north Campbell property boundary approx. 225' from northern boundary of ` access way to Cox Lane looking north f lt Campbell property boundary approx. 150' from northern boundary of access way to Cox Lane looking north r I RLA/PHOTOS/STHD7 314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE Barrtilucci WORKING AND CONSTRUCTION EASEMENTS d[bCONSULTING ENGINEERS EASEMENT "213" A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. I low I Near northwest corner of �� z Cox Lane access way R LNPHOTOS/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE Barrtilucci WORKING AND CONSTRUCTION EASEMENTS dIbCONSULTING ENGINEERS EASEMENT "213" A DIVISION OF WILLIAM F COSULICH ASSOCIATES.P.C. TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT"3A" 1. Location: Easement "3A" borders a portion of the eastern boundary of the landfill property. As shown on the attached drawing, Easement "3A" is 40 feet wide and approximately 540 feet long. 2. Property Owner: Now or formerly Richard W. Corazzini (based on attached survey map). 3. Date of Inspection: July 17, 2000. 4. Description: The easement is part of an active sand and gravel yard. Materials and equipment are located on Town property and within the limits of the easement (see attached photographs). ♦1314/P0724021.D0QR04) 3A-1 45893 � G a o LANO 15 _NG II z 81 ulp� N_ W Ia��O U y�j to N P U' O tJ L O W� NOTE: 1. ■ = MONUMENT FOUND 2. 0 = PIPE FOUND 3. -x—x- = CHAIN LINK FENCE 4. QQ = TEST BORING SITE 5. 0 = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTH OLD At Cutchogue, Town of Southold Suffolk County, New York County Tax MOP District 1000 Section 96 Bock 01 Lot 17.3 CONSTRUCTION & WORKING EASEMENT MAP ADDITIONAL EASEMENTS MAR. 23, 2000 MAP PREPARED MAR. 6, 2000 a�aw SCALE 1" = 100' JOB NO. 2000-0032 1 OF 1 DWG. 970763—easement s o L0 oa � UL 20 0 o U Q Ui LO Q P LE i E FRAME 1-0 L 1O \ .5,W BUILDING Q) I 03 3 i� 0 o � o 826.32' ` Z ' Proposed no> or formerly Pudge Cor[ , � 40Wide Construction 3 "ASING 826.23' S19•00'44"W & Working Easement o .48.34 JJ� 51.35, Number 3 �o — — J� __ x X 4 0 34 W �o 4 40 " x S58'56'24"E ! 642.66' 3 now or fol 01 Joseph 5eh< 28 �4USH p �� MARE EL-8-& / O 01 X-X S 8 6 24 E Q 1 B 1 A� ND EL-49.2 M \ 2 2A �' 1C MW-7D Q 0 \ 1 T/CAST 4 6 f � — vu t BRUSH ow or \\ rthur j (s...) ^4 Corazzini property looking south Corazzini property MOM looking west _ � x... t� III Corazzini property looking north I ' RLA/PHOTOS/STHD 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE and drtilucci WORKING AND CONSTRUCTION EASEMENTS d[bCONSULTING ENGINEERS EASEMENT "3A" A DIVISION OF WILLIAM F COSULICH ASSOCIATES.PC. Northwest corner of Corazzini property RLNP HOTOS/STH D1314(7/24/00) d1bDvirka TOWN OF SOUTHOLD and SOUTHOLD LANDFILL CLOSURE Bartilucci WORKING AND CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT "3A" A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,PC. TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT "3B" 1. Location: Easement "3B" borders a portion of the eastern boundary of the landfill property. As shown on the attached drawing, Easement "3B" is 40 feet wide and approximately 180 feet long. 2. Property Owner: Now or formerly Pudge Corp. (based on attached survey map). 3. Date of Inspection: July 17, 2000. 4. Description: The easement is covered with unlandscaped vegetation. No permanent structures were found with the exception of a 6-foot high chain link fence (see attached photographs). ♦1314/P0724021.D0QR04) 3B-1 NWE W• Y O C U W 45893 >ING LANDS g=. 0// a3 0 W Ln N O N Ln O W� NOTE: 1. ■ = MONUMENT FOUND 2. 0 = PIPE FOUND 3. -x—x- = CHAIN LINK FENCE 4. QQ = TEST BORING SITE 5. Q = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTHOLD At Cutchogue, Town of Southold Suffolk County, New York County Tax MOP DMrct 1000 Section 96 Block 01 Lot 17.3 CONSTRUCTION & WORKING EASEMENT MAP �Le ADDITIONAL EASEMENTS MAR. 23, 2000 $ MAP PREPARED MAR. 6, 2000 j� U SCALE 1" = 100' 14 JOB NO. 2000-0032 1 OF 1 DWG. 970763-easement J UL 20 \ 00 14 o U') oo� N /C N uL 20 � >_ \ CV LO C) P N \ P LE FRAME t 54 BUILDING Q) >, \0 W Po 3 - 3 � o is i' o 3 o O / Proposed Xnw or formerly Pudge Corp. 40' Wide Construction 3: S19.00'44"w & Working Easement i 51.35', Number 3 Po x 45'40 — — { - 34 W No -- � 4 .40' N� S58'56'24"E 642.66' L J` 3 1 car+ now or formerly 2BtFA Joseph �oenstein -a O x X S 8 56'24"E • ,,WW//,, WIRE EL-e8.63 Iry i' 2A m .7 B 1 A l�J ND EL�49.2 11 o i �i BRUSH t '. N now or formerly w Pudge property looking south y � i ♦ $ 'nYl r. Pudge property looking north �. r - , Pudge property looking north R LNP H OTO S/STH D 1314(7/24/00) TOWN OF SOUTHOLD Dvirka SOUTHOLD LANDFILL CLOSURE d1bB artilucci WORKING AND CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT "3B" A DIVISION OF WILLIAM F COSULICH ASSOCIATES.P.C. TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT"4" 1. Location: Easement "4" borders a portion of the southern boundary of the landfill property. As shown on the attached drawing, Easement "4" is 10 feet wide and approximately 300 feet long. 2. Property Owner: Now or formerly First Baptist Church of Cutchogue (part) and now or formerly Arnold C. Wilson & Roland Wilson (part) (based on attached survey map). 3. Date of Inspection: July 10, 2000. 4. Description: The western part of the 10-foot wide easement is heavily vegetated (see attached photographs). Old lumber and other construction debris were found on the western part, randomly scattered. The eastern part of the easement is the back yard of a residence. Permanent structures found on the eastern part consisted of concrete paving and curbs, a catch basin, a dog house, steel poles and railing, and part of an apparent leaching pool. The eastern portion of the easement is landscaped with a lawn and several mature trees. ♦1314/P0724021.D0QR04) 4-1 C0 45893 BLAND NG 81 NW i \ N ?U: i O fJ W� NOTE: 1. ■ = MONUMENT FOUND 2. 0 = PIPE FOUND 3. -x—x- = CHAIN LINK FENCE 4. 0 = TEST BORING SITE 5. Q = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTHOLD At Cutchogue, Town of Southold Suffolk County, New York County Tax Map District 1000 Section 96 Bock 01 -ot 17.3 CONSTRUCTION & WORKING EASEMENT MAP . I ADDITIONAL EASEMENTS MAR. 23, 2000 $ MAP PREPARED MAR. 6, 2000 j SCALE 1" = 100' 1 OF 1 � JOB NO. 2000-0032 =a<= DWG. 970763—easement O s S61 E 24 -0 8-wI WA10 CE PIPE 44 0 PROPOMM � r ' 29• 29 a a a g O�2B O % l a a °' GATE 70 a a a 1 as o °aa a (46.0) X10 24 ON o n O o. E 8'01 4'W n409.2 Sr G2 y 0 48 C') 11 2 'N ao nco � J 8 � (4A)`' 3 o c o 1 � o w Pro sed o ° 10 Wide Construction 50 — — — — — 28OO !w`� N58'01'34"w& Working asement lT"l/ _W 0.24' ➢ o Numbe 4 \�- �o� 1ps o � 49 O _3 56'58' "E o oE 3 Ilk 39 27 r 103.12 0 6•N m OO Q'0 29' — — — 2 'o I La 0 f0 COI MW-ID ( � 2 C 2O.5A � T/CASNG r _" EL.44.83 0 0 24 Q ILL ROAD T/CASING EL.44.81 258 (46.4) �� c o x` ' Near west corner, r looking west J �� � •�,� .yam, . l I Looking west. Note:-; <r concrete pavement, catch basin and curb 1 t. rn . 1 y� •r s "a# R WPHOTOS/STHD1314(7R4/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE B artilucci WORKING AND CONSTRUCTION EASEMENTS dIbCONSULTINGASSOaENGINEERS EASEMENT "4" ApMSICN CF WLLlPM F COSAIUi ASSOCIATES,PC. ? i r ..r 01 Looking north L� West corner, looking east ` �! k Looking east. Note leaching pools, concrete pavement, dog house and r t landscaping INA w • • •I TOWN OF SOUTHOLD Dvirka SOUTHOLD LANDFILL CLOSURE • • • WORKING , CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT "2A" 1. Location: Easement "2A" borders a portion of the eastern boundary of the landfill property. As shown on the attached drawing, Easement "2A" is 40 feet wide and approximately 460 feet long. 2. Property Owner: Now or formerly Bayberry Enterprises (based on attached survey map). 3. Date of Inspection: July 17, 2000. 4. Description: No permanent structures or landscaping were identified (see attached photographs) within the easement, with the exception of 6-foot high chain link fence. ♦1314/P0724021.D0QR04) 2A-1 u o CA 45 mai D LAND go SING -.81 YS�9 a� o m � W N O N L O W� NOTE: 1. IN = MONUMENT FOUND 2. O = PIPE FOUND 3. -x—x— = CHAIN LINK FENCE 4. QQ = TEST BORING SITE 5. 0 = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTHOLD At Cutchogue, Town of Southold Suffolk County, New York County Tax MOP District 1000 Section 96 Block 01 Lot 17.3 CONSTRUCTION & WORKING EASEMENT MAP ADDITIONAL EASEMENTS MAR. 23, 2000 MAP PREPARED MAR. 6, 2000 2xg SCALE 1" = 100' �6 isf JOB NO. 2000-0032 OF 1 M DWG. 970763—easement O �35Z ' Q) J = ic x J / 1 Q) a �j ° N i U Ln o o now or fo erly Bayberr nterprises 1 0 ° /M ° I o E Propose 0 o X 40' Wide Co ction � ca 0 LL >.Z x & Worki Ease ent zo ° 3 umber 2 3 �' ° rn N w !`�° V. / 0) N 0 ri' ' S59'33'34"E 826.32' ` Z o r S58'42'44"E 20 ' " x x ON T/CASING MCASING 826.23' .... 334 4 E x �x 105 EL.48.51 1 x x xq�T/ .48.34 �J� ✓ x--� x x 4,30 O U 4 l �\ Q 0 p r,..�� O 5A fl O U U 21 Q 0 \ U RUSH 0 5 2 2A GO Mw-2D T/CABIN EL.17.15 BRUSH ' 40 mw-2D\ T/CASTASING EL.18.06 8 i iA!11111111Admh .m, . Bayberry Enterprises property boundary approx. 700' from northern boundary of access way to Cox Lane looking north : S Kc; ��y� ,It �' Y � .fit ti.•n, ( {, 8 . J. {� } Bayberry Enterprises PF_ R ' -'ek5 property boundary ,.. approx. 600' from northern boundary of access way to Cox Lane ' looking east M .. y Bayberry Enterprises property boundary t4`1101 approx. 600' from northern boundary of access way to Cox Lane looking north yr J .♦ 'f*�I� �f 1.7. y R LA/PHOTOS/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE B rtilucci WORKING AND CONSTRUCTION EASEMENTS d lb CONSULTING ENGINEERS EASEMENT "2A" A DIVISION OF WILLIAM F.COSULICH ASSOCIATES.P.C. e Northwest corner of Bayberry Enterprises n property looking southeast 1 . w Bayberry Enterprises property boundary approx. 700' from northern boundary of access way to Cox Lane looking northwest " L, J Bayberry Enterprises property boundary approx. 700' from northern boundary of access way to Cox Lane looking east #'' I,;r. RLA/PHOTOS/STHD7 314(7/24/00) Dvirka TOWN OF SOUTHOLD and SOUTHOLD LANDFILL CLOSURE Bartilucci WORKING AND CONSTRUCTION EASEMENTS CONSULTING ENGINEERS EASEMENT "2A" A DIVISION OF WILLIAM E COSULICH ASSOCIATES,P.C. Near corner of Bayberry Enterprises and Campbell properties looking southeast R LA/P HOTOS/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE B Bard WORKING AND CONSTRUCTION EASEMENTS COSLICH AS ENGINEERS EASEMENT "2A" A DIVISION OF WILLIAM F COSULICH ASSOCIATES,P.C. TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE DESCRIPTION OF THE CONSTRUCTION AND WORKING EASEMENT "2B" 1. Location: Easement "2B" borders a portion of the eastern boundary of the landfill property. As shown on the attached drawing, Easement "2B" is 40 feet wide and approximately 370 feet long. 2. Property Owner: Now or formerly Oliver A. Campbell III (based on attached survey map). 3. Date of Inspection: July 17, 2000. 4. Description: Several trailers are located on the landfill property and within the limits of the easement. This property is heavily vegetated; however, no permanent structures or landscaping were identified (see attached photographs). ♦1314/P0724021.DOC(R04) 213-1 NE <� 45893 �c $� �LANOS =W�u 9=�5 D ;ING _ -.81 N � 0jW V) N P(P O tJ �O W� NOTE: 1. ■ = MONUMENT FOUND 2. 0 = PIPE FOUND 3. -x—x- = CHAIN LINK FENCE 4. 0 = TEST BORING SITE 5. 4iO = MONITOR WELL 6. AREA = 60.0092 ACRES 8. DATE OF AERIAL PHOTOGRAMMETRY: OCTOBER 15, 1998. 0 MAP PREPARED FOR TOWN OF SOUTH OLD At Cutchogue, Town of Southold Suffolk County, New York County Tax MOP District 1000 section 96 Block 01 Lot 17.3 CONSTRUCTION & WORKING EASEMENT MAP ADDITIONAL EASEMENTS MAR. 23, 2000 MAP PREPARED MAR. 6, 2000 j€ SCALE 1" = 100' � JOB NO. 2000-0032 1 1 OF 1 �a DWG. 970763-easement �4 O 5 ..H .F- Bayberry Enterprises property boundary approx. 600' from northern boundary of , A access way to Cox Lane looking south •'♦ 1 � Y � R Wil. ....R ii:�iri� � �► 'I Bayberry Enterprises property boundary approx. 500' from northern boundary of x access way to Cox Lane , looking south •4; Bayberry Enterprises property boundary approx. 400' from a , t northern boundary of access way to Cox Lane looking south R LPJPHOTOS/STH D 1314(7/24/00) Dvirka TOWN OF SOUTHOLD SOUTHOLD LANDFILL CLOSURE Barrtilucci WORKING AND CONSTRUCTION EASEMENTS d1bCONSULTING ENGINEERS EASEMENT "2A" A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. YOUNG 0OUNG 0 • Planning, Engineeting&Land Surveying 400 Orhandet AvenueTelephone(621) 727-2202 COPY Riverhead, New York 11901 Facsimile 621 727.0144 HOWARD W.YOUG,Land Surveyor THOM C.WOLKRT,Professional Engineer September 12, 2000 ATTN: Gregory F. Yakaboski, Town Attorney Town of Southold Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Construction and Working Easement Map TOWN OF SOUTHOLD at Cutchogue, T/O Southold, New York (00-0254) Dear Mr. Yakaboski: Enclosed is a copy of the Construction and Working Easement Map prepared for the above captioned, last dated September 1, 2000, indicating Suffolk County Tax Map Numbers on each shaded easement parcel. Very truly yours, you, Howard W. Young HWY/dc Encl. cc: Southold Town Landfill /ATTN: James Bunchuck, Solid Waste Coordinator + 1 Print Dvirka & Bartilucci ATTN: Thomas F. Maher, P.E., President + 1 Print • • Dvirka d[ and 0 Bartilucci CONSULTING ENGINEERS 330 Crossways Park Drive,Woodbury, New York, 11797-2015 516-364-9890 ■ 718-460-3634 ■ Fax:516-364-904Au ust 28 2000 e-mail: db-eng0worldnet.att.net g Gregory F. Yakaboski, Town Attorney Town of Southold Southold Town Hall 53095 Main Road P.O. Box 1179 Southold,NY 11971 Re: Southold Landfill Closure Construction Easements and Contract Administration D&B No. 1314-F2 Dear Mr. Yakaboski: As requested at our meeting of August 24, 2000, enclosed please find three (3) copies of the easement descriptions which were attached to our letter to Mr. James Bunchuck dated August 3, 2000. In addition, in response to your request for "checklists," we have attached the following from our contract administration procedure manual: 1. Bid evaluation checklist 2. Checklist for completing bond forms 3. Instructions for notice of award including a form letter, pre-award meeting agenda and contract execution checklist 4. Instructions for notice to proceed including a form letter and preconstruction meeting agenda 5. Contract administration checklist including instructions and forms for application for payment, change orders, certificate of substantial completion, letter of partial utilization and certificate of final completion Please do not hesitate to contact me at(516) 364-9890 if you have any questions. Very truly yo , vid S. Glass, DSG(t)/ld Associat cc: Jean W. Cochran, Supervisor James Bunchuck, Solid Waste Coordinator Thomas Maher, D&B ♦1314\DSGOOLTR-02.DOC A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. r � • i d1Dvirka and 0 Bartilucci CONSULTING ENGINEERS 330 Crossways Park Drive,Woodbury, New York, 11797-2015 516-364-9890 ■ 718-460-3634 • Fax: 516-364-9045 e-mail: db-eng®worldnet.att.net May 22, 2000 Gregory F. Yakaboski, Esq., Town Attorney Town of Southold Main Road Southold, NY 11971 Re: Landfill Closure Construction Contract Documents D&B No. 1314 Dear Mr. Yakaboski: Enclosed please find the upfront sections of the draft contract documents for closure construction of the Southold Landfill. At this time, we are requesting that you review the enclosure and provide us with certain information required to complete the contract documents. As previously discussed, in preparing the enclosure we used our standard contract documents. Text which has been added for the purpose of this contract is in bold and italics in the enclosed draft. We are requesting that your review particularly focus on the bold italics text. We also are requesting that your review includes text which is shaded. You will find this text in the Supplementary Conditions. A summary of the shaded items follows: • Taxes (see page SC - 7)—Please provide any language regarding any exemption from taxes which would apply to the contract. • Proiect Labor Agreements and Additional Legal or Regulatory Requirements (see page SC - 8) — Please advise us whether this project is subject to a Project Labor Agreement, or any other legal requirements you are aware of that are not addressed in the enclosed draft contract documents. Please note we have inserted provisions that have been required by NYSDEC in other projects with which we have been involved and which they have provided funding for. Please verify if the provisions in the enclosed draft are consistent with your contract with NYSDEC for the landfill closure assistance grant. • Working Hours (see page SC - 18) — Please provide any requirements or restrictions with respect to the hours during which the contractor will be permitted to perform work at the landfill (e.g., Town holidays, etc.). A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. OVIRKA AND BAATILUCCI Gregory F. Yakaboski, Esq., Town Attorney Page Two Town of Southold May 22, 2000 In addition, certain provisions of the agreements between the Town and property owners for the construction and working easements, such as protection or restoration of property, should be included in the contract documents. Please provide us with these agreements. Finally, please note that our standard contract documents do not contain a procedure for resolving disputes if the contractor protests the engineer's decisions. Please advise us if the Town has established alternative dispute resolution procedures for contract disputes. Your response to this letter and approval of the enclosure is requested by May 31. If you have any questions regarding this matter or require additional information, please do not hesitate to call me. Very truly yours, j Thomas F. Maher, P.E. Vice President TFM/bl,tam Enclosure cc: Jean W. Cochran, Supervisor, Town of Southold James Bunchuck, Solid Waste Coordinator, Town of Southold David Glass, D&B ♦1314/tfm001tr.doc-38(RO1) Dvirka dh and Bartilucci CONSULTING ENGINEERS 330 Crossways Park Drive,Woodbury, New York, 11797-2015 516-364-9890 ■ 718-460-3634 Fax: 516-364-9045 e-mail: db-eng6worldnet.att.net January 12, 2000 Mary C. Wilson, Esq. Assistant Town Attorney Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Southold Landfill Closure Construction Easements D&B No. 1314-F2 Dear Ms. Wilson: As requested, provided below is information regarding the easements needed for landfill closure construction. 1. The construction easements are needed in areas where work will be required along the landfill property boundary. This includes the western perimeter extending to County Road 48 for access purposes, the western portion of the northern perimeter. the majority (approximately 3/4) of the eastern perimeter with the exception of the northern portion, and the western portion of the southern perimeter (see enclosed drawing for illustration of the easements). 2. The construction easements required are 40 feet wide (extending from the landfill property boundary). The exception to this, is the easement on the southern perimeter near the residential area where a 10-foot wide easement is required. 3. During landfill closure construction, the easements will be used by the contractor to complete work along the perimeter of the landfill. The work on the site of the landfill includes excavation, backfilling, compaction, grading, drilling, installation of the cap, etc. Heavy equipment, including excavators, dump trucks, graders, compactors, drill rigs and bulldozers, will be used to perform the work within the easements. Soil. gravel and similar materials may be temporarily stored within the limits of the easements, however, no permanent structures will be constructed. A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. e OVIRKA AND BARTILUCCI Mary C. Wilson, Esq. Page Two Assistant Town Attorney Town of Southold January 12, 2000 4. The time required to complete the work will depend upon the date on which notice to proceed is issued to the contractor to begin construction due to seasonal/weather impacts. We recommend arranging for access to the easements for a period of 18 months. 5. After completion of the work, the easements will be restored by placing a growth medium and seeding to reestablish vegetative cover. In addition the landfill fence will be restored around the entire perimeter of the property. If you have any questions regarding this matter or require additional information, please do not hesitate to call me. Very truly yours, Thomas F. Maher, P.E. Vice President TFM/DSG(t)/ajm Enclosure cc: J. Bunchuck(Town of Southold) D. Glass (D&B) ♦1314\TFMOOLTR-0 Ldoc JAMES BUNCHUCK ! P.O. Box 962 SOLID WASTE COORDINATOR = Cutchogue, New York 11935-0962 Tel: (631) 734-7685 'j'�►�l ��O! Fax: (631) 734-7976 April 19, 2002 SOUTHOLD TOWN SOLID WASTE DISTRICT Robert Schroeder Sound Shore Excavating Corp. Rt.48 and Ackerly Pond Rd. Southold,NY 11971 Dear Mr. Schroeder: I am writing to confirm our conversation yesterday with regard to your plans to re-grade the easement area on property you own adjacent to the Southold Town Landfill in coordination with the Landfill capping/closure project. Based on our conversation and review of the site and property in question,you have agreed to do the following: • Reduce the grade on the easement by approximately six feet. If you reduce grades to a depth greater than six feet,you agree to restore the grade should the cut pose a risk or threat to slope stability on the Town's property,in the opinion of the Town's consulting engineer. • Stockpile on your property,outside of the easement area,any topsoil,loam,and sand removed by your efforts, so as not to interfere with the landfill contractor; you agree to remove only topsoil,loam,and sand from your property. • Leave the grade on the Town property"as is;" the Town contractor will be responsible for any reduction of grade on Town property,as well as the disposition of any materials excavated from Town-owned property; • Complete all work on the easement area not later than 7:00 am on Monday,April 22. It will be the responsibility of the Town contractor to complete any work on the easement area not completed by that time. • Perform any work on the easement at no cost to the Town of Southold,either in equipment or labor. If this is not your understanding,you should not proceed with the re-grading and/or excavation of any materials from the easement area. Sincerely, ,;� QL' eft ames Bunchuck cc: Greg Yakaboski, Town Attorney Tom Maher,Dvirka and Bartilucci Robert Terry, Terry Contracting and Materials, Inc. �o��g�fFO�,�coG • s� JEAN W. COCHRAN y Town Hall, 53095 Main Road SUPERVISOR �y • ! P.O. Box 1179 Southold, New York 11971 Fax(631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD June 28, 2001 Corazzini Asphalt P.O. Box 555 Cutchogue,NY 11935 Dear Mr. Corazzini: PLEASE TAKE NOTICE that on July 2, 2001 at 7:00 a.m., the Town will commence clearing and fencing its property from Cox Lane into the landfill. PLEASE TAKE FURTHER NOTICE that you must remove any and all property you have deposited on the Town's property prior to the above date and time and must remove any and all encroachments therefrom. Your failure to comply by the date and time indicated above shall be deemed an abandonment of any said property and the Town shall remove same at your cost and expense. With respect to the Easement Agreement entered into between you and the Town, you have not removed the stockpiled materials, equipment and other debris from the Easement Area by the June 1, 2001 deadline. Under the terms of that agreement, the Town can now proceed to do so at its sole cost and expense. Kindly contact Mr. James Bunchuck immediately regarding this matter. Very truly yours, Jean W. Cochran Supervisor cc: Town Attorney James Bunchuck Frank A. Isler, Esq. Terry Contracting D &B - y� JEAN W. COCHRAN cz 012 Town Hall, 53095 Main Road SUPERVISOR W P.O. Box 1179 Southold, New York 11971 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD June 28, 2001 Blast LLC 21 Madison Street Greenport,NY 11944 Dear Mr. Pfluger: PLEASE TAKE NOTICE that on July 2, 2001 at 7:00 a.m., the Town will commence clearing and fencing its property from Cox Lane into the landfill. PLEASE TAKE FURTHER NOTICE that you must remove any and all property you have deposited on the Town's property prior to the above date and time and must remove any and all encroachments therefrom. Your failure to comply by the date and time indicated above shall be deemed an abandonment of any said property and the Town shall remove same at your cost and expense. Very truly yours, Jean W. Cochran Supervisor cc: Town Attorney James Bunchuck Frank A. Isler, Esq. Terry Contracting D &B 0 osdFFo��� i JEAN W. COCHRAN 113 yTown Hall, 53095 Route 25 SUPERVISOR y = P.O.Box 1179 Dy • �� Southold,New York 11971-0959 Fax(631) 765-1823 Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 Richard McBride RD 159 Oregon Road Cutchogue, NY 11935 Dear Mr. McBride: As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements, I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land- owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka&Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, 44zo I)-a4­6� Jean W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney . Og�fFO��-c p�► O JEAN W. COCHRAN =� Gy� Town Hall, 53095 Route 25 SUPERVISOR o P.O. Box 1179 C* -o • Southold, New York 11971-0959 Fax(631) 765-1823 41- Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 Corazzini Asphalt P.O. Box 555 Cutchogue, NY 11935 Dear Mr. Corazzini: As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements, I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land- owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka& Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, Vv` can W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney OS�dFFO(�-c p�► O JEAN W. COCHRAN =� Gy� Town Hall, 53095 Route 25 SUPERVISOR y = P.O. Box 1179 _ • Southold, New York 11971-0959 Fax(631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 Blast Holding Corporation 21 Madison Avenue Greenport, NY 11944 Dear Blast Holding Corp.: As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements, I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land- owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka&Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, GtJ Jean W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney • OS�fFO�K • JEAN W. COCHR.AN �� G'y� Town Hall, 53095 Route 25 SUPERVISOR CD y P.O. Box 1179 Dy • Southold, New York 11971-0959 Fax(631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 Bayberry Enterprises P.O. Box 159 East Marion, NY 11939 Dear Bayberry Enterprises: As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements, I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land- owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka& Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, Jean W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney • �g�FFO��-c 0 JEAN W.COCHRAN =� Gy� Town Hall, 53095 Route 25 SUPERVISOR y P.O. Box 1179 Dy • Southold, New York 11971-0959 Fax(631) 765-1823 Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 The Retirement Management Company 8500 Station Street, Suite 100 Mentor, OH 44064 Re: Pudge Corp. As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements(SCTM#1000-01-26.3), I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land-owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka& Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, hJ. etr�� Jean W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney �gUfFO�,�c p� O JEAN W. COCHRAN �� Gy� Town Hall, 53095 Route 25 SUPERVISORy P.O. Box 1179 0-1 Southold, New York 11971-0959 y • �'F Fax(631) 765-1823 �Ql �ap Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 Louise Frances Wilson c/o Frank Lyburt III P.O. Box 535 Cutchogue, NY 11935 Dear Ms. Wilson: As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements, I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land- owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka& Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, k). &tw ✓ Jean W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney 0 (4,S%3FF0L rC 0 JEAN W. COCHRAN =� y� Town Hall, 53095 Route 25 SUPERVISOR y = P.O. Box 1179 _ • Southold, New York 11971-0959 Fax(631) 765-1823 Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 First Baptist Church of Cutchogue 21405 County Road 48 P.O. Box 534 Cutchogue, NY 11935 Dear Pastor Fulford: As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements, I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land- owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka&Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, qwo h). 6r���W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney �Og�fFO��-co O JEAN W. COCHRAN =� Gy� Town Hall, 53095 Route 25 SUPERVISOR y = P.O.Box 1179 %).-I • Southold, New York 11971-0959 Fax(631) 765-1823 Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 3, 2000 John P. Krupski, Jr. 14 Compass Court Huntington, NY l l 743 Dear Mr. Krupski: As you know, the Town of Southold is legally mandated to cap the landfill in the near future. Part of the procedure includes obtaining easements on property bordering the landfill needed by the Town to construct the cap. As owner of property that may be affected by these easements, I would like to invite you to an informational meeting to discuss the process. Also invited will be the other land- owners, Landfill Supervisor Jim Bunchuck, Councilmen John Romanelli and Craig Richter, the Town Attorney, and Tom Maher of Dvirka& Bartilucci. We will meet in the meeting hall of Town Hall on Tuesday, March 21 at 1:00 p.m. I'm sure you will find this opportunity beneficial as you have your questions answered and your concerns addressed. I hope you will make every effort to attend. Sincerely yours, vV Jean W. Cochran Supervisor /rbw cc: Councilman Romanelli Councilman Richter Jim Bunchuck, Landfill Supervisor Tom Maher, D&B Greg Yakaboski/Mary Wilson, Town Attorney S�fFJEAN W. COCHRAN GREGORY F.YAKABOSKI ���`'O CD�jy Supervisor TOWN ATTORNEY y Town Hall, 53095 Route 25 Z P.O. Box 1179 MARY C.WILSON O Southold, New York 11971-0959 y�0 ASSISTANT TOWN ATTORNEY ��� Telephone(631) 89 1 � �► Fax(631) 765-1823-1823 E-mail:greg.yakaboski@town.southold.ny.us mary.wilson@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Solid Waste Coordinator From: Melanie, office of Gregory F. Yakaboski, Esq. Town Attorney Date: December 4, 2001 Re: McBride Parcel Invoices of Nelson, Pope & Voorhis Jim: Enclosed, for your files, are copies of invoices #407 & #477 from Nelson, Pope & Voorhis for their professional services on the McBride parcel. I have passed the originals to the Supervisor this date for approval and her office will forward them to Accounting for payment. Melanie encs. Townouthold, New York - Standard cher PAY TO: Payee Tax Identificati mber Payee Name: /�f/15O4 P� 9 //joky y--� C or Social Security Number- Address: umber Address: �/�/L� 1„/��/_ �I (�[/l�J/ Payee Reference / J Phone No.( &,3/) Invoice Number-4-7-7 Invoice Date Vendor Contact Purchase Order Number P.O.Date Cash Discount % Days em l Number Description of Materials/Services Quantity Unit Price Amount 50 R A C -LID ai-75h S 150ib h P D 0595 Total Net W SZ 6D Payee Certification The undersigned(Claimant Ac' g on behalf the above named claimant)does hereby certify that the foregoing claim is true and correct "'. and that n h n e t as therein stated,and that the balance therein stated is actually du and ing. Signatur Title /�iSdQallt/1l _r Dated If O/ Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that the–quantities antities thereof h e been verified with the exceptions or discrepancies noted,and payment is approved ([�� ll �^ Solid Waste Signature Title r.o-ordinator Dated P-—8 Jean W. Cochran, Town Supervisor 12/4/01 Check# Town of Southold BILL OF . 05Qn,. Pope .6. Voorhis, .LLC Vendor No. . 01.4.161 Invoice No. .47.7. . . . . . . . . . Invoice Date .5/.23/01 Amount Claimed $ 6187.50 . . . . Purchase Order No. bond resolution For Services and Disbursements as McBride Parcel phase I-ESA E consulting phase. 1.1-ESQ . . . . . . . . . . . . . Fund and Account . . . . . . . . . . Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . . . . . . 19 . . . . 48 Town Clerk liaison, Pope & Vo �.5, LLC Property: 01017 Project: VA492 572 Neff Whitman Road Phone: 27-5665 Melville NY 11747 Fax: 631-427-5620 McBride Parcel Manager McGinn,Steven Invoice Invoice#: 477 To: Town of Southold Town Hall,53095 State Rte 25 Invoice Date: May 23,2001 P.O.Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $6,187.50 Professional Services for the Period:7/1/00 to 5/23/01 SEQRA Consultation and Follow-up Professional Services Bill Hours Bill Rate Charge Municipal Partner Miscellaneous Municipal Consulting 2.75 150.00 412.50 Municipal Total: 2.75 $412.50 Professional Services Totals $412.50 Prepare Phase I Environmental Site Assessment Contract Amount: $1,200.00 Percent Complete: 100.00% Fee Earned: $1,200.00 Prior Fee Billings: $0.00 Current Fee Total: $1,200.00 Prepare Phase II Environmental Site Assessment See Detail Attached Contract Amount: $4,575.00 Percent Complete: 100.00% Fee Earned: $4,575.00 Prior Fee Billings: $0.00 Nelson,Pope&Voorhis,LLC Invoice: 477 0 0 May 23,2001 Project: VA492 Bill Group:ESAII Page 2 of 2 Current Fee Total: $4,575.00 *** Total Project Invoice Amount K187.50 All invoices are due net 30 days. A late charge of 1.5%per month will be added to any unpaid balance after 30 days. Please make all checks payable to NELSON POPE&VOORHIS Please include invoice number on check McBride Property Cutchogue, New York N&P Job # 01017 Task Deseription Unit,Cbst No.of Units Cost' a Geo robe Sampling Apparatus $1,750/day 0.5 $875.00 b) Groundwater Sample Analysis(608, 615, $700/sample 2 $1,400.00 547,624, 625&8 Metals c) Hated auger sampling $95/hour 5 $475.00 d) Soil Sample Analysis (8081, 8315, Pb & $395/sample 2 $790.00 As e) Principal-in-charge $165/hour 1 $165.00 Field Technician $75/hour 4 $300.00 Sr.Environmental Analyst $95/hour 6 $570.00 Total $4,5700.: j .. Town�outhold, New York - Standard cher PAY TO: Payee Tax Identificat "umber Payee Name: Op/5,n1) P� �/, /fDO/ /1 I`� or Social Security Number: 1 )_335 3 a 9 Address: 67of a/� Wh hY � n� Payee Reference / ikl Y Ille ' / )U //'?47 Phone No.( &,3/) 4R'7-5&695 '7 Vendor Contact Invoice Number ! Invoice Date 5 O Purchase Order Number P.O.Date Cash Discount % Days em Un l Number Description of Materials/Services Quantity PPricee Amount S - ai-75n S 150,0 h pES A ES AX15 Total Net W I S1V Payee Certification The undersigned(Claimant Ac' g on behalf4 the above named claimant)does hereby certify that the foregoing claim is true and correct and that n h n e t as therein stated,and that the balance therein stated is actually du and ing. Signatur Title a4em/mrrz Dated 0/ Department Certification 1 hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that thee u� antities thereof h e been verified with the exceptions or discrepancies noted,and payment is approved [�'Jh /�11 � Title Solid Waste ( Signature e�o-ord6nator Dated Ea--s Jean W. Cochran, Town Supervisor 12/4/01 k Check # Town of Southold BILL OF Nelson,. Pope .6. .V.00rbis, .LLC Vendor No. . 01.4.161 Invoice No. . 47.7. . . . . . . . . . • Invoice Date .5/.23/01. Amount Claimed $ 6187.50 Purchase Order No. bond ,resolution For Services and Disbursements as McBride Parcel phase I-ESA S consulting phase. 1.1-ESQ . . . . . . . . . . . . . Fund and Account . . . . . . . . . . Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . . . . . . 19 . . . . Town Clerk lVelso , Pope & Vo is, LLC Property: 01017 Project: VA492 572, 1t Whitman Road Phone: 27-5665 Melville NY 11747 Fax: 631-427-5620 McBride Parcel Manager McGinn,Steven Invoice To: Town of Southold Invoice#: 477 Town Hall,53095 State Rte 25 Invoice Date: May 23,2001 P.O.Box 1179 Southhold NY 11971-0959 Attention:Greg Yakaboski MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $6,187.50 Professional Services for the Period: 7/1/00 to 5/23/01 SEQRA Consultation and Follow-up Professional Services Bill Hours Bill Rate charge Municipal Partner Miscellaneous Municipal Consulting 2.75 150.00 412.50 Municipal Total: 2.75 $412.50 Professional Services Totals $412.50 Prepare Phase I Environmental Site Assessment Contract Amount: $1,200.00 Percent Complete: 100.00% Fee Earned: $1,200.00 Prior Fee Billings: $0.00 Current Fee Total: $1,200.00 Prepare Phase II Environmental Site Assessment See Detail Attached Contract Amount: $4,575.00 Percent Complete: 100.00% Fee Earned: $4,575.00 Prior Fee Billings: $0.00 Nelson,Pope&Voorhis,LLC Invoice: 477. r May 23,2001 Group:hro'ect: VA492 Bill :ESAII • Page 2 of 2 J P Current Fee Total: $4,575.00 *** Total Project Invoice Amount $63,187.50 All invoices are due net 30 days. A late charge of 1.59'o per month will be added to any unpaid balance after 30 days. Please make all checks payable to NELSON POPE&VOORHIS Please include invoice number on check Mr McBride Property Cutchwyue, New Yojrk N&P Job # 01017 Task. Description Unit C Osti No.ofuhits Cost A) Geo robe Sampling Apparatus $1,750/day 0.5 $875.00 b) Groundwater Sample Analysis(608, 615, $700/sample 2 $1,400.00 547,624,625 &8 Metals C) Hand auger sampling $95/hour 5 $475.00 d) Soil Sample Analysis (8081, 8315, Pb & $395/sample 2 $790.00 As e) Principal-in-charge $165/hour 1 $165.00 Field Technician $75/hour 4 $300.00 Sr. Environmental Analyst $95/hour 6 $570.00 Total $4,575U0' 9 SUfFO( • JEAN W. COCHRAN GREGORY F.YAKABOSKI ����0 COGy Supervisor TOWN ATTORNEY Town Hall, 53095 Route 25 C4 P.O. Box 1179 MARY C.WILSON y • �`� Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY �� �� Telephone (631) 765-1889 1 Fax(631) 765-1823 E-mail:greg.yakaboski@town.southold.ny.us mary.wilson@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Landfill From: Gregory F. Yakaboski, Esq. Town Attorney Date: November 19, 2001 Re: Corazzini property Jim: Enclosed please find copy of a proposal from John C. Ehlers for the preparation of a survey and map on the Corazzini property near the landfill amounting to $1700.00. 1 believe another proposal was forwarded to your office last week. I would appreciate it if you could provide me with a copy of same for my file. Thank you. Greg /md enc. Tuesday, November 13, 20014;29 PM John C. Ehlers 631 369 8287 p.02 10 is JOHN C. EHLERS LAND SURVEYOR Proposal 6 East Main Street Riverhead, NY 11901 Date Estimate# ' Phone: 631-369-8288 11/22/2001 2001060 Fax: 631-369-8287 Name/Address Town of Southold Town Hall Southold, N.Y. 11971 Property Location Cox's Lane SCTM# Expiration Date Project Name 1000-84-3-26.2 12/22/2001 1000-84-3-26.2 Item Description Qty Rate Total Survey Current Boundary Survey of an estimated 6.5+/- 1,200.00 1,200.00 acres of improved property in the Town of Southold. This Survey will be prepared at an appropriate scale, depicting structures, improvements, encroachments and will be certified to any/all individuals or companies as requested. Mapping Preparation of map for boundary line 500.00 500.00 alterationtsubdivision as discussed p ECSC WE NOV 14 TOWN ATTORNEY'S OFFICE TOWN OF SOI.ITh?C�C Total $1,700.00 Please acknowledge your acceptance of this proposal by signing and returning to the address or Signature fax above. Thank you. • �S�FFO�,��, ��• OG JEAN W. COCHRAN GREGORY F.YAKABOSKI =� �J� Supervisor TOWN ATTORNEY y Town Hall, 53095 Route 25 p P.O. Box 1179 MARY C.WILSON Southold, New York 11971-0959 ASSISTANT TOWN ATTORNEY Telephone(631) 765-1889 Fax(631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Jim Bunchuck Solid Waste Coordinator From: Melanie, office of Gregory F. Yakaboski, Esq. Town Attorney Date: September 12, 2001 Re: McBride parcel Jim: Nelson, Pope & Voorhis has called requesting payment on the enclosed two (2) invoices totaling $9,787.50 ($3,600 + $6,187.50). Greg says they are yours to sign off on as they had to do with the purchase of the McBride parcel. Funds will probably have to be moved for payment to be made. Please see to it as soon as possible. Thanks. Melanie /md encs. Town of thold, New York - Standard Vter PAY TO: '\ Payee Tax Identification er Payee Name:r10 f, no?nOP_,+ Voor r h i S or Social Security Number: /1-3-3532 _ ?2C• 2 Z Address: 15�Z V ra-_W (Y10 n Payee Reference JJJJ / Me e ( V I (e, ► \ I 1 4-7 Phone No.(3 ' ) 42-7 — 5b to Invoice Number4D'-I P Invoice Date ZZ v I Vendor Contact Purchase Order Number P.O.Date Cash Discount % Days ItemUnitDescription of Materials/Services Quantity Pnc�e NuAmount P E F 42l 850 r 7�u Mcr2tpE S o tOA&T-tz bisTe1 C7 Total 3 00 Net 31 600 Payee Certification The undersigned(Claiman)(Acting on behalf of the above named claimant)does hereby certify that the foregoing claim is true and correct and that n an as b p 'd,except as erein stated,and that the balance therein stated is actually due and owing. Signatur 11Z Title % Dated / G Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that the quantities thereof have been verified with the exceptions or discrepancies noted,and payment is approved Signature Title Dated �+ Check # Town of Southold BILL OF Vendor No. . . . . . . . . . . . . . . Invoice No. . . . . . . . . . . . . . . Invoice Date . . . . . . . . . . . . . . Amount Claimed $ . . . . . . . . . . Purchase Order No. . . . . . . . . . For Services and Disbursements as . . . . . . . . . . . . . . . . . . . . . . . Fund and Account . . . . . . . . . . Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . . . . . . 19 . . . . • . . . . . . . . . . . . . . . . . . . . . . . Town Clerk x Property J,. Mere'' . Project#t:- -V trqq,. rst��s � c't h4caridei PWW ;.. Invoice To: Tovact-Saudwid InvokmW. 407 A . Town k .. Stara Rte 25 - bre k*Date: May,22,001 P.(I.111 'kt',7S W 1:1971-0959 Grog Yakaboski Tip lm,AjwqlfAt Pvoho* oftiod• WOM to 4001 Ctx Mwt[tern-#2: Prepare Pert III EAF Contract Amotmt $ 2,85@:00 Percent CcMPWe: 100% Pee Earned: $ 2050.00 Prior Bipinge $ - Curnmt:Fie Total: $ Z850.00 .4 for and,aftmdame at me�etins� BRI Hours eaFMa Misceftwom Muni*W Consulting ,g 150.00 8 Munic4W Total: 5 Total Project Molle Amount $ 39,61WOp Town uthold, New York - Standard her PAY TO: Payee Tax Identification Number Payee Name:r)e ' (+ Va) / is or Social Security Number: Address: 5-32_ j `T I/ I Payee Reference melV1lte n.0 'n4-7 Phone No.( 631 ) 42-1 - 55 Vendor Contact Invoice Number Invoice Date 5 23 LD Purchase Order Number P.O. Date Cash Discount % Days em Number Description of Materials/Services Quantity Price Amount S Fa R A C 2115hes $ 156hQ 412 ,5D Recafe Phase I t s Pt 1200 Pre iLo re, ftse 2 c5 r+ 4 515 SOL-41) UNSTt- biSTa(C? Total Net 0-l 1 Payee Certification The undersigned(Claimant)(Acting on behalf of the above named claimant)does hereby certify that the foregoing claim is true and correct and that no k h b n ai xce t a rein stated,and that the balance therein stated is actually�du2an,owing. Signature2� Title i-V27n/Z_, 2 Dated (o / Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution,the services properly performed and that the quantities thereof have been verified with the exceptions or discrepancies noted,and payment is approved Signature Title Dated Check # Town of Southold BILL OF . . . . . . . . . . . . . . . . . . . . . . . Vendor No. . . . . . . . . . . . . . . Invoice No. . . . . . . . . . . . . . . Invoice Date . . . . . . . . . . . . . . Amount Claimed $ . . . . . . . . . . Purchase Order No. . . . . . . . . . For Services and Disbursements as . . . . . . . . . . . . . . . . . . . . . . . Fund and Account . . . . . . . . . . Entered by . . . . . . . . . . . . . . . Allowed, $ . . . . . . . . . . . . . . . Audited . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Clerk McBride Property Cutchogue, New York N&P Job # 01017 Task Description Unit Cost No.of Units Cost a Geo robe Sampling Apparatus $1,750/day 0.5 $875.00 b) Groundwater Sample Analysis(608,615, $700/sample 2 $1,400.00 547, 624, 625 & 8 Metals) c) Hand auger sampling $95/hour 5 $475.00 d) Soil Sample Analysis (8081, 8315, Pb & $395/sample 2 $790.00 As) e) Principal-in-charge $165/hour 1 $165.00 Field Technician $75/hour 4 $300.00 Sr. Environmental Analyst $95/hour 6 $570.00 Total $4,575.00 : 0107 Ft+agect: VA492 572 � itl Mehiillle dt �031-X417- 0 ,%wv a e To: NOa + ' Steft Rte 25 t +2gCI1 SOOOW A Y 11977-0959 AN *0WYakabodd MAK190To rlLso» *V tt Prof fOr Oe PWW—.711=to 5/23MI 10E(2M11e ar ►-ap M , Partner Miacallanecsi+tutlcoinsulting 2.75 412.E Municipal Total: 2.75 SwTum TOWS 0iMw4' e Aeraement Cooract A .00 Percent Pee Ewmd: Prior Fee Billings: O"rat T �" rtsl Mite ContractlA Percent Fee Earned: Prior Fee Billings: IMOKe r � . ♦ i Nelson,Pi �dt Voorhis,LLC Invoice: 477 • May 23,2001 Project:V .' 0ruup:11SAII Pop,2 42 Current Fee TeW4 1500 * * Toil Project »�ce Amount r, '.so raw. ANbpdoeewrareae39&p.A io dWrWMj* rip - Please make all chechpapOkAs POPE Please indide booke nu ear on check _� _. ..sr. n.�..xi-aa._o.«�..an.n,�a:..r�.&i.G.�..�6•.��,i ��_,.. - ,.,a.d.$:�unara t1•,;�..�.�m.�„- A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, in said Town, on the 13' day of March, 2001. PRESENT: Hon. Jean W. Cochran, Supervisor Louisa P. Evans, Justice William D. Moore, Councilperson John M. Romanelli, Councilperson C) Brian G. Murphy , Councilperson � _ Craig A. Richter, Councilperson In the Matter of the --+ .� o Increase and Improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law. RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has determined to increase and improve the facilities of the District, consisting of the acquisition of the certain piece or parcel of land (SCTM #1000-096- 1-2, reputed owner, Francis J. McBride) containing seventeen acres, plus or minus, of property immediately adjacent on the west side of the Southold Landfill, in Cutchogue, for the purpose of relocating the District's existing yard waste composting and brush collection activities, due to the commencement of the capping and closure of the Southold Landfill, and. 362715.1 023466 RFS obtaining additional space for future District activities, the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, being the amount of$2,600,000; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted February 13, 2001, a public hearing was duly held by the Town Board on this 13`' day of March, 2001, at 7:36 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, New York, in the Town, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard, including those in favor of and those in opposition to said increase and improvement of facilities of the District; and WHEREAS, the Town Board, as Lead Agency, has given due consideration to the impact that said increase and improvement of facilities of the District may have on the environment and on the basis of such consideration, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law; and WHEREAS, the Town Board, as Lead agency, has examined and fully considered a Full Assessment Form, assessing the potential impacts to the environment resulting from the proposed acquisition and as a result has determined that the matter is a Type I action which will not have significant impact on the environment and, in connection therewith, a duly executed Negative Declaration has been filed in the office of the Town Clerk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby 362715.1 023466 RFS DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of$2,600,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved as hereinabove described at the estimated maximum cost of$2,600,000 and, further, that the Engineer heretofore retained by the Town Board shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Town Attorney, prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving such facilities shall be financed by the issuance of not to exceed $2,600,000 serial bonds of the Town, and the costs thereof, including payment of principal of and interest on said bonds, shall be assessed, levied and collected from the several lots and parcels of land within said District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds; and it is hereby 362715.1 023466 RFS FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: MARCH 13, 2001 TOWN BOARDW�OF THE TOWN OF SOUTHOLD COC Jean W. Cochran Supervisor l Louisa P. Evans Justice lliam ' oo re oucilpe on Joh an itper Brian G. Murphy Councilperson Craig A. Richter Councilperson (SEAL) Members of the Town Board of the Town of Southold, New York 362715.1 023460 RFS STATE OF NEW YORK ) ss : COUNTY OF SUFFOLK ) I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk,New York, DO HEREBY CERTIFY that I have compared the preceding Resolution and Order After Public Hearing with the original thereof filed in my office on the 13th day of March, 2001 and the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 13th day of March, 2001. (seal) 0 Elizabeth A./Neville Town Clerk Sworn to before me this I3-M Day of , 2001 Notary Public LYNDA M.BOHN NOTARY PUBLIC,State of Newyork No.01 B06020932 Oualified in Suffolk County Term Expires March 8,20.Q r Limited Phase II Environmental Site Assessment McBride Property Cutchogue, New York N&P Project No. 01017 April 18, 2001 NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL PLANNING • CONSULTING 'I 572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 • 15161 427-5665 • FAX (5161 427-5620 / F Limited Phase II . Environmental Site Assessment . f r ' t � I McBride Property Cutchogue, New York N&P Project No. 01017 April 18, 2001 e � a � . 1 WcBride Property,Cutchogue Limited Phase II ESA R1 t Limited Phase H Environmental Site Assessment McBride Property THIS DOCUMENT CONTAINS 13 PAGES OF TEXT COPIES AND CIRCULATION OF THIS REPORT ARE AS FOLLOWS: . i Two(2) copies to client One(1)copy retained in NP&V files . i . l Prepared For: Mr. Gregory Yakaboski Office of the Town Attorney Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 Prepared By: Mr. Charles J. Voorhis, CEP,AICP Nelson,Pope&Voorhis,LLC 572 Walt Whitman Road Melville,NY 11747 (631)472-5665 Impact Environmental Consulting,Inc. 1 Village Plaza Kings Park,New York 11754 Long Island Analytical Laboratories 101-4 Colin Avenue Holbrook,New York 11741 Copyright©2001 by Nelson,Pope&Voorhis,LLC NELSON,POPE 6 VOORHIS. LLC ENVIRONMENTAL • PLANNING• CONSULTING Limited Phase II _ 1 Environmental Site Assessment McBride Property , 1 CONTENTS . s . l j 1.0 INTRODUCTION Page 1 of 13 u 2.0 SAMPLING AND ANALYSIS PROGRAM(SAP) Page 3 of 13 2.1 HAND AUGER SOIL PROBES Page 3 of 13. i 2.2 SAMPLE PROGRAM RATIONALE Page 3 of 13 2.3 GEOPROBE GROUNDWATER PROBES Page 4 of 13 _ i 2.3.1 Groundwater Probe Installation Page 4 of 13 2.4 LABORATORY SAMPLE LOCATION AND FREQUENCY Page 4 of 13 3.0 LABORATORY ANALYSIS Page 7 of 13 3.1 ANALYTICAL TEST METHODS Page 7 of 13 3.2 ANALYTICAL RESULTS Page 7 of 13 4.0 QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES (QA/QC) Page 8 of 13 5.0 SUMMARY AND CONCLUSION Page 10 of 13 6.0 REFERENCES Page 12 of 13 APPENDICES Page 13 of 13 . 1 NELSON, POPE 6 VOORHIS, LLC lENVIRONMENTAL • PLANNING• CONSULTING J • acBride Property,Cutchogue Limited Phase II ESA j Limited Phase II Environmental Site Assessment McBride Property 1_0 INTRODUCTION AND PURPOSE Nelson, Pope & Voorhis, LLC (NP&V) has been contracted to prepare a Limited Phase H Environmental Site Assessment for the subject property. This report is intended to address recognized environmental conditions that were identified in a Phase I Environmental Site Assessment report prepared by Nelson, Pope & Voorhis, LLC dated March 30, 2001. The Phase I I ESA was performed in accordance with the standards detailed by the American Society of Testing and Materials (ASTM) for the Performance of a Phase I Environmental Site Assessment (E 1527). This Phase H ESA was designed to determine what, if any, impact on-site activities have had upon the environmental quality of the subject property. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property is a 17.0 acre parcel of farmland. The property is located on the ► north side of North Road (CR 48), east of Depot Road. The property is more particularly described as Suffolk County Tax Map # 1000-96-01-2. 3 The subject property consists of 17.0 acres of farmland that is currently fallow. A steel tower for overhead electric lines is located in the center of the field. No other structures, buildings or foundations were observed on the subject property. An inspection of the property did not reveal any staining residue, odors or stressed vegetation. However, the property is located adjacent to and west of the Town of Southold Landfill. Ongoing studies in connection with regulatory authorities have documented impaired water quality in the vicinity of and down gradient of the landfill. The landfill is currently undergoing capping and closure activities. Based on these findings the Phase I Environmental Site Assessment identified recognized environmental conditions that prompted the performance of this Phase H Environmental Site Assessment. These conditions included: agricultural use of the subject property and location adjacent to the Town Landfill. This assessment has been designed and performed by NP&V in collaboration with Impact Environmental Consulting, Inc. The laboratory analysis was provided by Long Island Analytical Laboratories The soil sampling program was designed and supervised by NP&V. Laboratory analytical data was prepared by Long Island Analytical Laboratories, Inc. The protocol used to direct this investigation was based upon the guidance offered by the New York State Department of Health Bureau of Toxic Substance Assessment to the local health department in particular, with general consideration of sampling and analysis protocol as documented in New York State Department of Environmental Conservation Documents, Technical Administrative Guidance Manual t NELSON,POPE 6 VOORHIS,LLC ENVIRONMENTAL • PLANNING • CONSULTING *cBride Property,Cutchogue Limited Phase II ESA A3 (TAGM) # 4046 Determination of Soil Cleanup Objectives and Cleanup Levels and Suffolk County Department of Health Services (SCDHS) SOP 9-95. The following sections detail the site and area characteristics, sampling program, protocol and quality assurance, lab analysis and results. _ i The protocol used to direct the groundwater investigation is based upon the following documents: 1) the NYSDEC Ambient Water Quality Standards and Guidance Values. The following sections detail the subject property and surrounding area characteristics, sampling k program, quality assurance protocol, laboratory analysis methodology and laboratory results. 1 _ f f 1 NELSON,POPE 6 VOORHIS. LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 2 of 13 WcBride Property,Cutchogue Limited Phase II ESA ^ ' 2.0 SAMPLING AND ANALYSIS PROGRAM (SAP) 2.1 HAND AUGER SOIL SAMPLES Two 2 composite soil samples were collected from the northern and southern portion of the ( ) p p t subject property. Figure 1 provides a map identifying the location of the above referenced soil samples. The two (2) soil samples were collected from areas identified as relative low points of the property. The samples were collected from depths of 0-3 and 3-6 inches. However, only the 0-3 inch samples were analyzed initially. The lab results were then reviewed to determine if the 3-6 inch samples should be analyzed. If significantly elevated concentrations of any of the analyzed constituents were observed, the 3-6 inch sample would be analyzed to determine the 1 depth to which the contamination reached. The sampling scheme employed was consistent with u j guidance available from the New York State Department of Health. - 2.2 SAMPLING PROGRAM RATIONALE 1 The New York State Department of Health (NYSDOH)provides guidance for such soil sampling _ I through the Suffolk County Department of Health Services (SCDHS). Soil samples were collected in accordance with the recommendations of the NYSDOH,noted as follows: _ • samples were collected at depths of 0-3 and 3-6 inches. • samples were directed toward those areas likely to have accumulated the highest contaminant levels. • samples were analyzed for lead,arsenic and DDT and its metabolites. Consistent with the NYSDOH letter if significantly elevated levels of pesticides, lead or arsenic were found in the 0-3 inch range, a sample was collected from the 3-6 inch range to determine depth of occurrence and vertical mixing. Laboratory analysis results are discussed in Section 3.0. Since the proposed property is zoned.industrial and will not be used for a residential subdivision, the concentration of contaminants is not as important as if the site were to be used for residential purposes. In accordance with NYSDOH recommendations, the sampling and analysis program was intended to determine: • if site activities had caused degradation of soil quality on site; 0 if a soils management plan (SMP) is appropriate given the concentration of contaminants and the intended use of the site. The following section provides the laboratory analysis for the site samples, including test methods and analytical results. i NELSON,POPE 6 VOORHIS, LLC ENVIRONMENTAL• PLANNING • CONSULTING Page 3 of 13 *McBride Property,Cutchogue Limited Phase II ESA F 2.3 GEOPROBE GROUNDWATER PROBES t l Two (2) groundwater probes were installed on the subject property in order to obtain groundwater samples. These groundwater samples were collected in order to determine if the adjacent Town Landfill or other surrounding uses had adversely impacted the groundwater. Figure 1 provides a map identifying the location of the above referenced probes. The groundwater samples were collected using a Geoprobe hydraulic probing unit. The samples were placed in appropriate containers and sent to a laboratory for analysis. j 2.3.1 Soil Probe Installation The soil probes were installed using a Geoprobe hydraulically powered soil probing tool (Figure 2). Mechanized, vehicle mounted soil probe systems apply both static force and S hydraulically powered percussion hammers for tool placement (static down forces up 3,000 pounds combined with percussion hammers of eight horsepower continuous output). Recovery of large sample volumes was facilitated with a probe-driven sampler. The probe-driven sampler consisted of a hollow probe that opened via a remote control 1 mechanism at the selected sampling depth in the soil profile to allow soil to enter as it was advanced. Discrete samples were secured at the desired depths and were contained within a non-reactive plastic sleeve that lined the hollow probe for subsequent inspection and analysis. ? 2.4 LABORATORY SAMPLE LOCATION AND FREQUENCY i The soil and groundwater samples collected from the property were containerized and labeled for identification purposes. The labels were coded to correspond to the location from which the samples were secured. Table 1 provides an index of how the samples were coded during labeling. TABLE 1 SAMPLE IDENTIFICATION 1 SAMPLE LOCATION SAMPLE ID CODE Soil sample collected from the northern SS-1 portion of the property. Soil sample collected from the southern SS-2 portion of the property Groundwater sample collected from the GWP-1 northern portion of the property. Groundwater sample collected from the GWP-2 1 southern portion of the property t NELSON,POPE 6 VOORHIS, LLC ENVIRONMENTAL .PLANNING . CONSULTING Page 4 of 13 McBride Property,Cutchogue Limited Phase H ESA FIGURE 1 rt SAMPLE LOCATION MAP • p O SS-1 O O GWP-1 _ i _ 1 I i O SS-2 O 0� GWP-2 O c NORTH j 1 III Page 5 of 13 n .. NELSON POPE 6 VOORI LLC ENVIRONMENTAL• PLANNING .CONSULTING McBride Property,Cutchogue Limited Phase II ESA FIGURE 2 • GEOPROBE SAMPLING APPARATUS Probe it . NyAaalic. Efcteodal . P.-P RPosition obe in HydnWic Position for pacns:ioo Ioil Taaspon �'Hammer Raaavoir Rush and - -� Retract t _ Crliader O O I O.D. Probe Rod Utoad Mahwism Ground Water Sample Tool j Tool allows a stain lets 1 steel screen to be delivered to intersect groundwater. 1/8'7tfbiay $ample transported to surface via pump system. - Sampler Sheath } t i PRT Ad" JI Swann . GDtmactor Soil Probing Tool Too!is advanced and Sample is contained -~ was<r JnfltrmHon •� :�f.w•t7 ma•lsyFtrranon .,�•. within anon-runaive :?.:;f.;;w; :;k;•i:; plastic sheathing. Ground water . • aoer Cote ::>•.R-i; i:Y:••f:; (Screen) fl are,lnfilrmsrom " ' i' 'i ata W11arim •hydraulic powered-probe,unit operated from hydraulic system driven,from the vehicle engine. •Remote vehicle ignition allows operator to start • vehicln,ggme hon roaroomparmenL 50Bcll driven hydraulic pump seaPP ss 10gPmal 2000 rP psioperatinSprsurc. "•i;;B? •Probe unit folds for teas `: `^"`': PDrt ;ti••:.�c; ti:�••�•• Fs pepdabk •Utilizes static force(weight of vehicle)and percussion hammer to advance probing tools. %2• Dr"1e mat •8 horsepower hydraulic hammer delivers over 1800,blows per minute. < `r..o-• •Hammer features 0-300 rpm Lh dh=donal rotary function for drilling surface pavements. •Probes have greater than 12.000 pounds of pulling capacity. Drives small diameter(1.0.O.D.)probing tools to depths of over 80'. - f' { NORTH Page 6 of 13 B� NELSON POPE 6 VOORHIS.LLC ENVIRONMENTAL• PLANNING•CONSULTING *McBride Property,Cutchogue Limited Phase II ESA T 3.0 LABORATORY ANALYSIS 6 3.1 ANALYTICAL TEST METHODS Th a New York tate Certified Laboratory for analysis. The soil samples were transported to S C ry y Selection of the analytical test methods for soil samples was based on the NYSDOH recommended soil sampling parameters for agricultural soils on Long Island. Analysis includes organo chorine pesticides based on USEPA Test Method 8081 for pesticides (including PCBs, DDT and its metabolites and chlordane), total lead and arsenic, as well as six (6) other metals, and aldicarb. 1 The groundwater samples were transported to a New York State Certified Laboratory for analysis. The samples were analyzed based on the following test methods: USEPA Test Method 608 for pesticides, USEPA Test Method 615 for herbicides, USEPA Test Method 624 for volatile organic compounds, USEPA Test Method 625 for semi-volatile organic compounds, aldicarbs and 8 RCRA metals. 3.2 ANALYTICAL RESULTS Laboratory analysis performed on the soil samples collected from the low points of the property exhibited some slightly elevated concentrations of pesticides. The aldicarb analysis revealed neither of the samples had concentrations above the limits of laboratory detection. The lead and arsenic analysis revealed slightly elevated lead concentrations and arsenic concentrations exceed 7.5 ppm but are within the background range recognized by the NYSDOH and less than the SCDHS 25 ppm Action Level for leaching structures. Table 2 provides a comparison of those constituents with elevated concentrations and the corresponding regulatory standard. The laboratory analysis sheets (NYS ASPA) as prepared by Long Island Analytical Laboratories are presented in Appendix A of this document. Laboratory analysis performed on the groundwater samples collected from the up and down gradient locations of the property did not detect any concentrations of pesticides, herbicides, aldicarbs, volatile or semi-volatile organic compounds. Both samples exhibited very low concentrations of chromium (0.58 & 0.37) and lead (0.11 & 0.11). The laboratory analysis sheets (NYS ASPA) as prepared by Long Island Analytical Laboratories are presented in Appendix A of this document. 1 r A kip*.. NELSON,POPE 6 VOORHIS,LLC ENVIRONMENTAL . PLANNING. CONSULTING Page 7 of 13 *McBride Property,Cutchogue 1 Limited Phase H ESA T� TABLE 2 DETECTED PESTICIDE/HERBICIDE CONTAMINANTS 0-3 INCH SOIL SAMPLES Constituent SS-1 SS-2 NYSDEC USEPA Health _ TAG M. 4046 Based Carptno,` ens 4,4-DDE 19 18 4,400 2,100 4,4 DDD 6 6 7,700 2,900 4,4-DDT 98 91 2,500 2,100 Endosulfan H 43 25 900 N/A Endosulfan sulfate 263 298 1,000 N/A Arsenic 12.5 14.9 7.5 or S13/25 N/A Lead 6.89 8.16 S13/100 N/A Note: U indicates compound was analyzed for but not detected. TAGM levels are for groundwater protection and are not intended to address public health issues. TAGM levels are noted for reference purposes only. 1 USEPA Health Based Carcinogens referenced for comparison from TAGM 4046. All pesticide results in micrograms/kilogram(ug/kg)or parts per billion(ppb). _ Arsenic and lead are in milligrams/kilogram(mg/kg)or parts per million(ppm). SB-Site Background;Levels from SCDHS SOP 9-95. N/A-indicated no standard/guidance. et E I y{t I l 4 NELSON,POPE 6 VOORHIS,LLC ENVIRONMENTAL.PLANNING•CONSULTING Page 8 of 13 cBride Property,Cut chogue Limited Phase II ESA 4.0 QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES (0A/0Q This sampling protocol was conducted in accordance with USEPA accepted sampling procedures for hazardous waste streams (Municipal Research Laboratory, 1980, Sampling and Sampling Procedures for Hazardous Material Waste Streams, USEPA, Cincinnati, Ohio EPA- 600\280- 018) and ASTM Material Sampling Procedures. All samples were collected by or under the auspices of USEPA trained personnel having completed the course Sampling of Hazardous Materials, offered by the Office of Emergency and Remedial Response. Separate QA/QC 1 measures were implemented for each of the instruments used in groundwater and soil sampling. Separate QA/QC measures were implemented for each of the instruments used in the Sampling and Analysis Program. Sampling instruments included a Geoprobe stainless steel probe, a E stainless steel hand auger and sample vessels. T ? Prior to arrival on the site and between sample locations, the auger sections were decontaminated 1 by washing with a detergent (alconox/liquinox) and potable water solution with distilled water rinse. The organic vapor analyzer was calibrated prior to sampling using a span gas of known 1 concentration. All sample vessels were "level A" certified decontaminated containers. Samples were placed into vessels consistent with the analytical parameters. After acquisition, samples were preserved in the field. All containerized samples were refrigerated to 40 C during transport. A sample represents physical evidence, therefore, an essential part of liability reduction is the proper control of gathered evidence. To establish proper control, the following sample ' identification and chain-of-custody procedures were followed. s Sample Identification 4 i Sample identification was executed by use of a sample tag, log book and manifest. Documentation 1 provides the following: 1 1. Project Code 2. Sample Laboratory Number 3. Sample Preservation 4. Instrument Used for Source Soil Grabs 5. Composite Medium Used for Source Soil Grabs 6.Date Sample was Secured from Source Soil 7. Time Sample was Secured from Source Soil 8.Person Who Secured Sample from Source Soil Chain-of-Custody Procedures Due to the evidential nature of samples, possession was traceable from the time the samples were collected until they were received by the testing laboratory. A sample was considered under custody if: i w NELSON,POPE 6 VOORHIS, LLC ENVIRONMENTAL. PLANNING . CONSULTING Page 9 of 13 • I*McBride Property,Cutchogue Limited Phase II ESA �1 i It was in a person's possession, or It was in a person's view, after being in possession, or It was in a person's possession and they were to lock it up, or It is in a designated secure area. t 1 When transferring custody, the individuals relinquishing and receiving signed, dated and noted the time on the Chain-of-Custody Form. Laboratory Custody Procedures A designated sample custodian accepted custody of the shipped samples and verified that the information on the sample tags matched that on the Chain-of-Custody records. Pertinent information as to shipment, pick-up, courier, etc. was entered in the "remarks" section. The custodian then entered the sample tag data into a bound logbook which was arranged by project code and station number. 1 The laboratory custodian used the sample tag number or assigned an unique laboratory number to each sample tag and assured that all samples were transferred to the proper analyst or stored in the appropriate source area. The custodian distributed samples to the appropriate analysts. Laboratory personnel were 1 responsible for the care and custody of samples from the time they were received until the sample was exhausted or returned to the custodian. All identifying data sheets and laboratory records were retained as part of the permanent site record. Samples received by the laboratory were retained until after analysis and quality assurance checks were completed. 1 MITT NELSON,POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 10 of 13 $McBride Property,Cutchogue Limited Phase II ESA 5.0 SUMMARY AND CONCLUSION k This investigation was completed to address issues raised in a prior Phase I ESA prepared by Nelson, Pope & Voorhis, LLC. A sampling and analysis program was designed to determine if the prior agricultural use and adjacent Town Landfill adversely impacted the soil and groundwater beneath the subject property. The sampling and analysis plan consisted of soil/sediment quality testing using analytical test methods consistent with expected parameters and agency soil cleanup objectives. The following presents an evaluation of the results of this t investigation. 1. Two (2) low areas of the property were sampled utilizing a stainless steel hand auger at t depths of 0-3 and 3-6 inches. The two (2) samples were sent to a certified laboratory for analysis based on USEPA Test Method 8081, aldicarbs, lead and arsenic. The laboratory results revealed several of the analyzed constituents exhibited slightly elevated concentrations, none of which exceeded the regulatory standards. It should be noted that the concentrations of arsenic exceeded the 7.5 ppm low end concentration set forth in the NYSDEC TAGM 4046 but, the TAGM document also allows indicates the standard could be the average soil background for the project area. The NYS Department of Health indicated the average background concentration of arsenic was between 10 and 20 ppm. Based on the NYSDOH guidelines none of the analyzed constituents exceed regulatory standards. In addition, SCDHS has established an action level of 25 ppm for leaching structures. The highest concentration on-site was 14.7 ppm. As a result, no further sampling or investigative work is required regarding this property. 2. The groundwater was sampled from up and down gradient locations for pesticides, herbicides, aldicarbs, volatile and semi-volatile organic compounds, and metals. All of the analyzed constituents were below the minimum laboratory detection limits, except for lead and chromium which had very low concentrations. As a result, no further : sampling or investigative work is required regarding this property. The subject property has been evaluated consistent with the findings of a Phase I ESA, and in accordance with standard practice for the industry. This Phase H ESA addresses only the specific areas of the site warranting further analysis and can only provide conclusions regarding the 1 subsurface soil quality in those specific areas tested. The Phase II ESA report is limited to the 1 evaluation of on-site conditions at the time of completion of the field sampling progr iOG O RBHa, ' _ { CHS dot 0� J DD G • i C P Date of ompletion Cha lesy o''phis;'CEPP, AICP _ Proj ctnager i i NELSON,POPE 6 VOORHIS.LLC ENVIRONMENTAL • PLANNING• CONSULTING Page 11 of 13 T • $Lride Property,Cutchogue Limited Phase II ESA ' 7.0 REFERENCES New York State Department of Environmental Conservation (NYSDEC), 1992, Sampling Guidelines and Protocols, Technology Background and Quality Control/Quality Assurance for NYSDEC Spill Response Program,NYSDEC, Albany,New York. NYSDEC, 1994, Technical Administrative Guidance Memorandum HWR-94-4046, Determination of soil cleanup objectives and cleanup levels, Division of Hazardous Waste Remediation, Albany,New York. ` NYSDEC, 1993, Ambient Water Quality Standards and Guidance Values, NYSDEC —Division of Water, Albany,New York. i K P E. {i i r _ j i 1 0 NELSON,POPE&VOORHIS,LLC ENVIRONMENTAL - PLANNING - CONSULTING Page 12 of 13 �� • 06cBride Property,Cutchogue i Limited Phase II ESA i APPENDICES ; S 1 t . 1 I t } T kip* .. NELSON, POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING •CONSULTING Page 13 of 13 . WcBride Property,Cutchogue Limited Phase II ESA . 4 i = i } 4 APPENDX A LABORATORY DATA SHEETS . t I NELSON, POPE 6 VOORHIS,LLC ENVIRONMENTAL • PLANNING• CONSULTING ION SLAND • ANALYTICAL NYSDOH ELAP#11693 LABORATORIES SIC. USEPA#NY01273 t '70NONJIMANALYTICAL SOLUMM TOAAI'- _ 1 of 18 pages April 9, 2001 1 Steven McGinn Nelson, Pope & Voorhis 572 Walt Whitman Road Melville, New York 11747 i i die. biro Rye , , ogu, Dear Mr. McGinn: Enclosed please find the Laboratory Analysis Report(s) for sample(s) received on 1 March 27, 2001. Long Island Analytical Laboratories analyzed the samples on April 4, 2001 for the following: CLIENT ID ANALYSIS GWP-1 EPA 615, EPA 608, EPA 624, EPA 625, Aldicarb Analysis, Total 8 Metals GWP-2 EPA 615, EPA 608, EPA 624, EPA 625, Aldicarb Analysis, Total 8 Metals SS-1 {0-3} EPA 8081, Aldicarb Analysis, Total Lead & Arsenic SS-2 0-3 EPA 8081, Aldicarb Analysis, Total Lead & Arsenic If you have any questions or require further information, please call at your convenience. Long Island Analytical Laboratories would like to thank you for the opportunity to be of service to you. Best Regards, x j L.o-v>�I�;av►,cL�(h.cc.Lyt'tca,�i La.�o�atar%e�, I vui } - i - Holbrook New Y 174 101 4 Colin Drive York 1 1 Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com - 2 of 18Pa9 es • • Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-1 Date received: 3/27/01 Laboratory ID: 0112588 Date extracted: 4/2/01 Matrix: Liquid Date analyzed: 4/2/01 ELAP #: 11693 3 EPA METHOD 608 PARAMETER CAS No. RESULTS u /L m ALDRIN 309-00-2 <0.01 a - BHC 319-84-6 <0.01 - BHC 319-85-7 <0.01 j 8 - BHC 319-86-8 <0.01 - BHC Lindane 58-89-9 <0.02 CHLORDANE 12789-03-6 <0.02 4,4'-DDD 72-54-8 <0.01 4,4'-DDE 72-55-9 <0.01 j 4,4'-DDT 50-29-3 <0.05 DIELDRIN 60-57-1 <0.01 ENDOSULFAN 1 959-98-8 <0.01 ENDOSULFAN II 33212-65-9 <0.01 ENDOSULFAN SULFATE 1031-07-8 <0.02 ENDRIN 72-20-8 <0.01 ENDRIN ALDEHYDE 7421-93-4 <0.01 ENDRIN KETONE 53494-70-5 <0.02 HEPTACHLOR 76-44-8 <0.01 HEPTACHLOR EPDXIDE 1024-57-3 <0.01 4,4'-METHOXYCHLOR 72-43-5 <0.01 TOXAPHENE 8001-35-2 <20 Laboratory Director ( I - LONG ISLAND ANALYTICAL LABORATORIES INC. 101-4 Colin Drive • Holbrook, New York 11741 "1bMomjmANALy=utoLuwNsloom Phone (631) 472-3400 • Fax (631) 472-8505 • Email: LIAL@Iialinc.com 3 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue (GWP 1 Date received: 3/27/01 Laboratory ID: 0112588 Date extracted: 4/4/01 Matrix: Liquid Date analyzed: 4/4/01 FLAP #: 11693 EPA Method 615 Herbicides PARAMETER CAS No. RESULTS u /L 2,4-D 94-75-7 <5 2,4,5-TP silvex 93-72-1 <1 4 } t Laboratory Director . i J J! J I 1 LONG ISLAND ANALYTICAL LABORATORES INC. 101-4 Colin Drive - Holbrook, New York 11741 muomrmANALyna soLuwwT=yw Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com f � + 4 of 18 pages • Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue j GWP-1 Date received: 3/27/01 Laboratory ID: 0112588 Date extracted: 3/28/01 Matrix: Liquid Date analyzed: 3/28/01 ELAP #: 11693 EPA METHOD 624 Parameter CAS No. Results u /L t BENZENE 71-43-2 <5 BROMODICHLOROMETHANE 75-27-4 <5 BROMOFORM 75-25-2 <5 BROMOMETHANE 74-83-9 <5 ' CARBON TETRACHLORIDE 56-23-5 <5 CHLOROBENZENE 108-90-7 <5 } CHLOROETHANE 75-00-3 <5 2-CHLOROETHYLVINYL ETHER 110-75-8 <5 CHLOROFORM 67-66-3 <5 CHLOROMETHANE 74-87-3 <5 DIBROMOCHLOROMETHANE 124-48-1 <5 1,2-DICHLOROBENZENE 95-50-1 <5 1,3-DICHLOROBENZENE 541-73-1 <5 1,4-DICHLOROBENZENE 106-46-7 <5 1,1-DI CH LO ROETHAN E 75-34-3 <5 ` 1,2-DICHLOROETHANE 107-06-2 <5 1,1-DICHLOROETHENE 75-35-4 <5 trans-l,2-DICHLOROETHENE 156-60-5 <5 1,2-DICHLOROPROPANE 78-87-5 <5 cis-1,3-DICHLOROPROPENE 10061-01-5 <5 trans-1,3-DI CH LOROPROPENE 10061-02-6 <5 i1 ETHYL BENZENE 100-41-4 <5 METHYLENE CHLORIDE 75-09-2 <5 1,1,2,2,-TETRACHLOROETHANE 79-34-5 <5 TETRACHLOROETHENE 127-18-4 <5 TOLUENE 108-88-3 <5 1,1,1-TRICHLOROETHANE 71-55-6 <5 1,1,2-TRICHLOROETHANE 79-00-5 <5 TRICHLOROETHENE 79-01-6 <5 TRICHLOROFLUOROMETHANE 75-69-4 <5 VINYL CHLORIDE 75-01-4 <5 & m -XYLENES 1330-20-7 <10 o-XYLENE 1330-20-7 <5 t LONG ISLAND Laboratory Director ANALYTICAL LABORATORES INC. 101-4 Colin Drive - Holbrook, New York 11741 1nMO R M►tANAIY=usvLuwNsiow Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@lialinc.com 5 of 18 pages • Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue 3 GWP-1 Date received: 3/27/01 Laboratory ID: 0112588 Date extracted: 4/3/01 Matrix: Liquid Date analyzed: 4/3/01 ELAP #: 11693 EPA METHOD 625 Parameter CAS No. Results u /L j ACENAPHTHENE 83-32-9 <5 Bis 2-CHLOROETHYL ETHER 111-44-4 <5 1,3-DICHLOROBENZENE 541-73-1 <5- 1,4-DICHLOROBENZENE 106-46-7 <5 1,2-DICHLOROBENZENE 95-50-1 <5 t Bis 2-CHLOROISOPROPYL ETHER 108-60-1 <5 t Bis 2-CHLOROETHOXY METHANE 111-91-1 <5 o-CRESOL 95-48-7 <5 M'p, CRESOL 108-39-4 <5 FLUORENE 86-73-7 <5 N-NITROSO-di-n-PROPYL AMINE 621-64-7 <5 HEXACHLOROETHANE 67-72-1 <5 NITROBENZENE 98-95-3 <5 i ISOPHORONE 78-59-1 <5 1,2,4-TRICHLOROBENZENE 120-82-1 <5 NAPHTHALENE 91-20-3 <5 j HEXACHLOROBUTADIENE 87-68-3 <5 2-CHLORONAPHTHALENE 91-58-7 <5 DIMETHYLPHTALATE 131-11-3 <5 ACENAPHTHYLENE 83-32-9 <5 2,6-DINITROTOLUENE 606-20-2 <5 2,4-DINTROTOLUENE 121-14-2 <5 DIETHYLPHTHALATE 84-66-2 <5 4-CHLOROPHENYL ETHER 7005-72-3 <5 4-BROMOPHENYL ETHER 101-55-3 <5 HEXACHLOROBENZENE 118-74-1 <5 PHENANTHRENE 85-01-8 <5 ANTHRACENE 120-12-7 <5 LONG ISLAND ANALYTICAL y LABORATORMS INC. 101-4 Colin Drive - Holbrook, New York 11741 n0M0RRMAMALr"WS0LUF1 tTbDu ` Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@lialinc.com 6 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-1 Date received: 3/27/01 Laboratory ID: 0112588 Date extracted: 4/3/01 Matrix: Liquid Date analyzed: 4/3/01 ELAP #: 11693 EPA METHOD 625 Parameter CAS No. Results u /L Di-n-BUTYLPHTHALATE 84-74-2 <5 FLUORANTH ENE 206-44-0 <5 PYRENE 129-00-0 <5 BUTYLBENZYLPHTHALATE 85-68-7 <5 BENZO-a-ANTHRACENE 56-55-3 <5 3,3-DICHLOROBENZIDINE 91-94-1 <5 CH RYS EN E 218-01-9 <5 Bis 2-ETHYLHEXYL PHTALATE 117-81-7 <5 DI-n-OCTYLPHTHALATE 117-84-0 <5 BENZO-b-FLUOROANTHENE 205-99-2 <5 BENZO-k- FLUOROANTHENE 207-08-9 <5 BENZO-a-PYRENE 50-32-8 <5 INDENO 1,2,3-c,d PYRENE 193-39-5 <5 DIBENZO-a,h-ANTHRACENE 53-70-3 <5 BENZO- ,h,i-PERYLENE 191-24-2 <5 4-CHLORO-3-METHYLPHENOL 59-50-7 <5 2-CHLOROPHENOL 95-57-8 <5 2,4-DICHLOROPHENOL 120-83-2 <5 2,4-DIMETHYLPHENOL 105-67-9 <5 2,4-DINITROPHENOL 51-28-5 <5 2-METHYL-4,6-DINITROPHENOL 534-52-1 <5 2-NITROPHENOL 88-75-5 <5 4-NITROPHENOL 100-02-7 <5 PENTACHLOROPHENOL 87-86-5 <5 PHENOL 108-95-2 <5 2,4,6-TRICHLOROPHENOL 88-06-2 <5 0 Laboratory Director LONG ISLAND ANALYTICAL LABORATONS INC. 101-4 Colin Drive - Holbrook, New York 11741 i+WORNMANALYMutOWflONsWWR Phone (631) 472-3400 - Fax (631) 472-8505 9 Email: LIAL®lialinc.com 7 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-1) Date received: 3/27/01 Laboratory ID: 0112588 Date extracted: 3/29/01 Matrix: Liquid Date analyzed: 3/29/01 ELAP #: 11693 METALS ANALYSIS 8 RCRA PARAMETER MDL RESULTS m L SILVER, Ag 0.05 mg/L <0.05 BARIUM, Ba 1.00 m /L <1.00 CADMIUM, Cd 0.05 m /L <0.05 SELENIUM, Se 0.05 m L <0.05 LEAD, Pb 0.005 m /L 0.11 MERCURY, H 0.002 m L <0.002 ARSENIC, As 0.05 m /L <0.05 CHROMIUM, Cr 0.05 m L 0.58 Method: SW846, 7000 series analysis LIS Laboratory Director LONG ISLAND ANALYTICAL LABORATORMS INC. 101-4 Colin Drive • Holbrook, New York 11741 J "ii01N nRmANAIYflCutOLUf/ONS www Phone (631) 472-3400 • Fax (631) 472-8505 • Email: LIAL@Iialinc.com • • 8 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-2 Date received: 3/27/01 Laboratory ID: 0112589 Date extracted: 4/2/01 Matrix: Liquid Date analyzed: 4/2/01 ELAP #: 11693 EPA METHOD 608 PARAMETER CAS No. RESULTS u /L ALDRIN 309-00-2 <0.01 a- BHC 319-84-6 <0.01 - BHC 319-85-7 <0.01 8 - BHC 319-86-8 <0.01 - BHC Lindane 58-89-9 <0.02 CHLORDANE 12789-03-6 <0.02 4,4'-DDD 72-54-8 <0.01 4,4'-DDE 72-55-9 <0.01 4,4'-DDT 50-29-3 <0.05 DIELDRIN 60-57-1 <0.01 ENDOSULFAN 1 959-98-8 <0.01 ENDOSULFAN II 33212-65-9 <0.01 ENDOSULFAN SULFATE 1031-07-8 <0.02 ENDRIN 72-20-8 <0.01 ENDRIN ALDEHYDE 7421-93-4 <0.01 ENDRIN KETONE 53494-70-5 <0.02 HEPTACHLOR 76-44-8 <0.01 HEPTACHLOR EPDXIDE 1024-57-3 <0.01 4,4'-METHOXYCHLOR 72-43-5 <0.01 TOXAPHENE 8001-35-2 <20 LIS. Laboratory Director LONG ISLAND ANALYTICAL LABORATORIES INC. 101-4 Colin Drive - Holbrook, New York 11741 uTmmimANALy= scLuwmsr yw Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com 9 of 18Pa9 es • Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-2 Date received: 3/27/01 Laboratory ID: 0112589 Date extracted: 4/4/01 Matrix: Liquid Date analyzed: 4/4/01 ELAP #: 11693 EPA Method 615 Herbicides PARAMETER CAS No. RESULTS u /L 2,4-D 94-75-7 <5 2,4,5-TP silvex 93-72-1 <1 Laboratory Director LONG ISLAND ANALYTICAL LABORATORNS INC. 101-4 Colin Drive - Holbrook, New York 11741 n+O oRRmAwLymumuri raw-, Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com 10 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-2 Date received: 3/27/01 Laboratory ID: 0112589 Date extracted: 3/28/01 Matrix: Liquid Date analyzed: 3/28/01 ELAP #: 11693 EPA METHOD 624 Parameter CAS No. Results u /L BENZENE 71-43-2 <5 BROMODICHLOROMETHANE 75-27-4 <5 BROMOFORM 75-25-2 <5 BROMOMETHANE 74-83-9 <5 CARBON TETRACHLORIDE 56-23-5 <5 CHLOROBENZENE 108-90-7 <5 CHLOROETHANE 75-00-3 <5 2-CHLOROETHYLVINYL ETHER 110-75-8 <5 CHLOROFORM 67-66-3 <5 CHLOROMETHANE 74-87-3 <5 DIBROMOCHLOROMETHANE 124-48-1 <5 1,2-DICHLOROBENZENE 95-50-1 <5 1,3-DICHLOROBENZENE 541-73-1 <5 1,4-DICHLOROBENZENE 106-46-7 <5 1,1-DICHLOROETHANE 75-34-3 <5 1,2-DICHLOROETHANE 107-06-2 <5 1,1-DICHLOROETHENE 75-35-4 <5 trans-l,2-DICHLOROETHENE 156-60-5 <5 1,2-DICHLOROPROPANE 78-87-5 <5 cis-1,3-DICHLOROPROPENE 10061-01-5 <5 trans-1,3-DICHLOROPROPENE 10061-02-6 <5 ETHYL BENZENE 100-41-4 <5 METHYLENE CHLORIDE 75-09-2 <5 1,1,2,2,-TETRACHLOROETHANE 79-34-5 <5 TETRACHLOROETHENE 127-18-4 <5 TOLUENE 108-88-3 <5 1,1,1-TRICHLOROETHANE 71-55-6 <5 1,1,2-TRICHLOROETHANE 79-00-5 <5 TRICHLOROETHENE 79-01-6 <5 TRICHLOROFLUOROMETHANE 75-69-4 <5 VINYL CHLORIDE 75-01-4 <5 p & m -XYLENES 1330-20-7 <10 o-XYLENE 1330-20-7 <5 LONG ISLAND Laboratory Director ANALYTICAL LABORATMS INC. 101-4 Colin Drive - Holbrook, New York 11741 "roA/omPmANALywusoLuwNsw w" Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com 11 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-2 Date received: 3/27/01 Laboratory ID: 0112589 Date extracted: 4/3/01 Matrix: Liquid Date analyzed: 4/3/01 ELAP #: 11693 EPA METHOD 625 Parameter CAS No. Results u /L ACENAPHTHENE 83-32-9 <5 Bis 2-CHLOROETHYL ETHER 111-44-4 <5 1,3-DICHLOROBENZENE 541-73-1 <5 - 1,4-DICHLOROBENZENE 106-46-7 <5 1,2-DICHLOROBENZENE 95-50-1 <5 Bis 2-CHLOROISOPROPYL ETHER 108-60-1 <5 Bis(2-CHLOROETHOXY)METHANE 111-91-1 <5 o-CRESOL 95-48-7 <5 rn,p, CRESOL 108-39-4 <5 FLUORENE 86-73-7 <5 N-NITROSO-di-n-PROPYL AMINE 621-64-7 <5 HEXACHLOROETHANE 67-72-1 <5 NITROBENZENE 98-95-3 <5 ISOPHORONE 78-59-1 <5 1,2,4-TRICHLOROBENZENE 120-82-1 <5 NAPHTHALENE 91-20-3 <5 HEXACHLOROBUTADIENE 87-68-3 <5 2-CHLORONAPHTHALENE 91-58-7 <5 E DIMETHYLPHTALATE 131-11-3 <5 ACENAPHTHYLENE 83-32-9 <5 2,6-DINITROTOLUENE 606-20-2 <5 2,4-DINTROTOLUENE 121-14-2 <5 DI ETHYLPHTHALATE 84-66-2 <5 4-CHLOROPHENYL ETHER 7005-72-3 <5 4-BROMOPHENYL ETHER 101-55-3 <5 HEXACHLOROBENZENE 118-74-1 <5 PHENANTHRENE 85-01-8 <5 ANTHRACENE 120-12-7 <5 LONG ISLAND ANALYTICAL LABORATORMS INC. 101-4 Colin Drive - Holbrook, New York 11741 "TONORROWANALY11WSOLUTIONS WW" Phone (631) 472-3400 • Fax (631) 472-8505 - Email: LIAL@Iialinc.com 12 of 18 pages Client: Nelson, Pope & Voorhis . Client ID: McBride Property, Cutchogue GWP-2 Date received: 3/27/01 Laboratory ID: 0112589 Date extracted: 4/3/01 Matrix: Liquid Date analyzed: 4/3/01 ELAP #: 11693 EPA METHOD 625 Parameter CAS No. Results u /L Di-n-BUTYLPHTHALATE 84-74-2 <5 FLUORANTHENE 206-44-0 <5 PYRENE 129-00-0 <5 BUTYLBENZYLPHTHALATE 85-68-7 <5 BENZO-a-ANTHRACENE 56-55-3 <5 3,3-DICHLOROBENZIDINE 91-94-1 <5 CHRYSENE 218-01-9 <5 Bis 2-ETHYLHEXYL PHTALATE 117-81-7 <5 DI-n-OCTYLPHTHALATE 117-84-0 <5 BENZO-b-FLUOROANTHENE 205-99-2 <5 BENZO-k- FLUOROANTHENE 207-08-9 <5 BENZO-a-PYRENE 50-32-8 <5 INDENO 1,2,3-c,d PYRENE 193-39-5 <5 DIBENZO-a,h-ANTHRACENE 53-70-3 <5 BENZO- ,h,i-PERYLENE 191-24-2 <5 4-CHLORO-3-METHYLPHENOL 59-50-7 <5 2-CHLOROPHENOL 95-57-8 <5 2,4-DICHLOROPHENOL 120-83-2 <5 2,4-DIMETHYLPHENOL 105-67-9 <5 2,4-DINITROPHENOL 51-28-5 <5 2-METHYL-4,6-DINITROPHENOL 534-52-1 <5 2-NITROPHENOL 88-75-5 <5 4-NITROPHENOL 100-02-7 <5 PENTACHLOROPHENOL 87-86-5 <5 PHENOL 108-95-2 <5 2,4,6-TRICHLOROPHENOL 88-06-2 <5 Laboratory Director LONG ISLAND ANALYTICAL LABORATORES INC. 101-4 Colin Drive - Holbrook, New York 11741 fiDAroltltonAmaywasmunoNtinCi w Phone (631) 472-3400 - Fax (631) 472-8505 • Email: LIAL@Iialinc.com 13 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue GWP-2 Date received: 3/27/01 Laboratory ID: 0112589 Date extracted: 3/29/01 Matrix: Liquid' Date analyzed: 3/29/01 ELAP #: 11693 METALS ANALYSIS 8 RCRA PARAMETER MDL RESULTS m /L SILVER, Ag 0.05 m L <0.05 BARIUM, Ba 1.00 m /L <1.00 CADMIUM, Cd 0.05 m /L <0.05 SELENIUM, Se 0.05 m /L <0.05 LEAD, Pb 0.005 m /L 0.11 MERCURY, Hg 0.002 m L <0.002 ARSENIC, As 0.05 m /L <0.05 CHROMIUM, Cr 0.05 m /L 0.37 Method: SW846, 7000 series analysis Laboratory Director LONG ISLAND ANALYTICAL LABORATORES INC. 101-4 Colin Drive • Holbrook, New York 11741 "roA/oRt=ANAtn=AtmUt► w www Phone (631) 472-3400 • Fax (631) 472-8505 • Email: LIAL@Iialinc.com 14 of 18Pa9 es • Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutcho ue Date received: 3/27/01 Laboratory ID: 0112588-0112589 Date extracted: 4/3/01 Matrix: Liquid Date analyzed: 4/3/01 ELAP #: 11693 ALDICARB ANALYSIS Lab ID # Client ID Result 0112588 GWP-1 <1 u /L 0112589 GWP-2 <1 u /L Laboratory Director LONG ISLAND ANALYTICAL LABORATORMS MIC. 101-4 Colin Drive - Holbrook, New York 11741 wroxowo ANALywusoLL moNsrooAy,, Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com 15 of 18 pages Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue SS-1 0-3 Date received: 3/27/01 Laboratory ID: 0112590 Date extracted: 4/2/01 Matrix: Soil Date analyzed: 4/2/01 ELAP #: 11693 PESTICIDES EPA METHOD 8080 COMPOUND CAS No. RESULTS ug/kg Aldrin 309-00-2 <5 a - BHC 319-84-6 <5 P - BHC 319-85-7 <5 8 - BHC 319-86-8 <5 - BHC Lindane 58-89-9 <5 Chlordane 12789-03-6 <5 4,4'- DDD 72-54-8 6 4,4'-DDE 72-55-9 19 4,4'-DDT 50-29-3 98 Dieldrin 60-57-1 <5 Endosulfan I 959-98-8 <5 Endosulfan II 33212-65-9 43 Endosulfan sulfate 1031-07-8 263 Endrin 72-20-8 <5 Endrin aldehyde 7421-93-4 <5 Heptachlor 76-44-8 <5 Heptachlor epoxide 1024-57-3 <5 4,4'-Methoxychlor 72-43-5 <5 Toxaphene 8001-35-2 <500 Endrin ketone 53494-70-5 <5 Arochlor 1016 12674-11-2 <200 Arochlor 1221 1104-28-2 <200 Arochlor 1232 11141-16-5 <200 Arochlor 1242 53469-21-9 <200 Arochlor 1248 12672-29-6 <200 Arochlor 1254 11097-69-1 <200 Arochlor 1260 11096-82-5 <200 Laboratory Director LONG ISLAND ANALYTICAL LABORATORES INC. 101-4 Colin Drive - Holbrook, New York 11741 a7woumANALYmusorunoNswws, Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com 16 of 18 pages s Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutchogue SS-2 0-3 Date received: 3/27/01 Laboratory I D: 0112591 Date extracted: 4/3/01 Matrix: Soil Date analyzed: 4/3/01 ELAP #: 11693 PESTICIDES EPA METHOD 8080 COMPOUND CAS No. RESULTS ug/kg Aldrin 309-00-2 <5 a - BHC 319-84-6 <5 - BHC 319-85-7 <5 8 - BHC 319-86-8 <5 - BHC Lindane 58-89-9 <5 Chlordane 12789-03-6 <5 4,4'- DDD 72-54-8 6 4,4'-DDE 72-55-9 18 4,4'-DDT 50-29-3 91 Dieldrin 60-57-1 <5 Endosulfan 1 959-96-8 <5 Endosulfan II 33212-65-9 25 Endosulfan sulfate 1031-07-8 298 Endrin 72-20-8 <5 Endrin aldehyde 7421-93-4 <5 Heptachlor 76-44-8 <5 Heptachlor epoxide 1024-57-3 <5 4,4'-Methoxychlor 72-43-5 _ <5 Toxaphene 1 8001-35-2 <500 Endrin ketone 53494-70-5 <5 4 a Laboratory Director LONG ISLAND ANALYTICAL LABORATORIES INC. 101-4 Colin Drive • Holbrook, New York 11741 wToA RRmANALrTICA[tOL11ilOMSTmyv Phone (631) 472-3400 • Fax (631) 472-8505 • Email: LIAL@Iialinc.com 0 17 of 18 pages s Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutcho ue Date received: 3/27/01 Laboratory ID: 0112590-0112591 Date extracted: 4/3/01 Matrix: Soil Date analyzed: 4/3/01 ELAP M 11693 1 ALDICARB ANALYSIS Lab ID # Client ID Result 0112590 SS-110-3) <10 ug/kg 0112591 SS-210-3) <10 ug/kg Laboratory Director LONG ISLAND ANALYTICAL LAWRATORNS INC. 101-4 Colin Drive - Holbrook, New York 11741 wGMORR=ANALYnwsauuoNsww,, Phone (631) 472-3400 - Fax (631) 472-8505 - Email: LIAL@Iialinc.com 18 of 18 pages s Client: Nelson, Pope & Voorhis Client ID: McBride Property, Cutcho ue Date received: 3/27/01 Laboratory ID: 0112590-0112591 Date extracted: 4/2/01 Matrix: Soil Date analyzed: 4/2/01 ELAP #: 11693 , ANALYTICAL REPORT LAB ID # CLIENT ID LEAD RESULTS ARSENIC RESULTS 0112590 SS-1 04 6.89 mg/kg 12.5 mg/ k 0112591 SS-2 0-3' 8.16 mg/kg 14.9 m /k Preformed by SW-846 Method 6010 Laboratory Director LONG ISLAND ANALYTICAL LABORATORIES INC. 101-4 Colin Drive • Holbrook, New York 11741 MUORROWSANAlY1►GALtOiImO SMUY" Phone (631) 472-3400 • Fax (631) 472-8505 • Email: LIAL@Iialinc.com