HomeMy WebLinkAboutBlum, ReynoldGREGORY F. YAKABOSKI
TO~VN .ATTORNEY
MARY C. ~VILSON
ASSIST.M~IT TOW~ ATTORNEY
JEAN W. COCHRAN
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telepl~one (631) 765-1889
Fax (631) 765-1823
E-maih tox~mattornes~southold.org
OFFICE OF THE TOVgN ATTORNEY
TO~VN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From:
Date:
Re:
Gregory F. Yakaboski, Esq.
Town Attorney
July 19, 2001
Reynold Blum to Town of Southold
Development Rights Easement Purchase
SCTM #1000-75-5-1
Betty:
Enclosed for safekeeping in your office, please find the following documents:
Suffolk County Clerk's Office Recording Page
Suffolk County Recording & Endorsement Page
Original Deed of Development Rights dated May 1,2001, between Reynold Blum
and the Town of Southold, recorded in the Suffolk County Clerk's office on 5/11/01,
in Liber D00012117 at Page 997.
Thank you.
Greg
/md
encs.
cc: Melissa Spiro, Land Preservation Coordinator w/encs.
Assessors w/encs.
Town Board w/o encs.
Land Preservation Committee w/o encs.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 8
TRANSFER TAX NUMBER: 00-37413
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
075.00 05.00
EXAMINED AND CHARGED AS FOLLOWS
$161,730.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $24.00 NO Handling
COE $5.00 NO EA-CTY
EA-STATE $25.00 NO TP-584
Cert. Copies $0.00 NO RPT
SCTM $0.00 NO Transfer tax
Comm. Pres $0.00 NO
Fees Paid
TPJ~NSFER TAX NUMBER: 00-37413
THIS PAGE IS
A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
ldUN 13 2001
TOWN AI-FORNE-Y'S OFFICE
TOWN OF SOUTHOLD
05/11/2001
09:01:11 AM
D00012117
997
Lot:
001.000
Exempt
$5.00 NO
$5.00 NO
$5.00 NO
$15.00 NO
$0.00 NO
$84.00
Number of pages
TORRENS
Serial #
Certificate #
Prior Ct~ #
Deed / IVlortgage Instrument
41
Page / Filing Fee
Handling
TP-584
500
Deed / Ivlortgage Tax Stamp
FEES
Notation
EA-52 17 (County)
EA-5217 (State)
ILP.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
SubTotal
GRAND TOTAL
initial~~'
Real Pre
Dist.
erty Tax Sen, ice A
Section
ency Verification
B lock Lot
Satisfactions/Discharges/Re[eases List Pro ~erty Owners M[ailing Address
RECORD & RETURN TO:
¢:ECOP-..£:,Er:,
F¢~,~.~ Fd ?: [T,,~8 i %-_=
z. uP, oLr,. COU~J,T¥
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./P~ssit.
Or
Spec../Add.
TOT. MTG. TAX
Dual Town__ Dual County__
Held for Apportionment
Transfer Tax ¢
Mallsion Tax
The property covered by this mortgage is or
will be improved by a one or two fmnily
dwelling only.
YES orNO
If NO, see appropriate tax clause on page #
of this instrument.
Community Preservation Fund
Consideration Amount
CPF Tax Due $ ~
Improved
Vacant Land
TD / 0
TD
TD
Is I Title Company Information .
Suffolk County Recording & Endorsement Page
Tlfis page forms part of the attached ~f~4/ /9~ ~/)~_ ~t/~/U/>t'Y')E/O'-/L /t~/~A~../g~.q
- iSPECIF~ ~/PE ~F IN~TRUIX~NT i 'j
./?~/gT~/d ~ 2 L~/~ The premises herein is simated in
SUFFOLK COUN~[r, NEW xffO RK.
In the To,reship of ,.~d) C////v'~/Y
In the VILLAGE
or HAMLET of
made by:
BOXES 5 WdRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this 1stdayof May, 2001,
BETWEEN REYNOLD BLUM residing at 1375 Peconic Lane, Peconic, New
York, party of the firs;~ part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of ONE
HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED THIRTY AND 00/100
($161,730.00) lawful money of the United States and other good and valuable
consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by section
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises and any
structures thereon for any purpose other than agricultural production, to the
property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic,
in the Town of Southold, County of Suffolk, and State of New York, and being
bounded and described as follows:
BEGINNING at a monument on the westerly side of Peconic Land distant the
following two (2) courses and distances as measured along the westerly side of
Peconic Lane from the corner formed by the intersection of the westerly side of
Peconic Lane and the northerly side of Main Road:
1. Northerly 912.00 feet, more or less;
2. North 30 degrees 00 minutes 00 seconds West, 400.00 feet to the point or
place of beginning.
Thence South 60 degrees 00 minutes 00 seconds West along land now or
formerly of Reynold Blum, 150.00 feet;
THEN¢£ South $0 degrees 00 minutes 00 seconds East, 287.23 feet;
THENCE South 46 degrees 44 minutes 58 seconds West, 679.70 feet to land
now or formerly of B and J Realty;
THENCE along said last mentioned land, North 33 degrees $5 minutes 08
seconds West, 741.10 feet to land now or formerly of Frank P. Svec and
Charles J. Svec;
THENCE along said last mentioned land the following three (3) courses and
distances:
1 ). North 48 degrees 25 minutes 10 seconds East 483.78 feet;
2). South 37 degrees 45 minutes 00 seconds East 123.80 feet;
3). North 53 degrees 02 minutes 00 seconds East $70.13 feet to the westerly
side of Peconic Lane;
Thence South 30 degrees 00 minutes O0 seconds East along the westerly side of
Peconic Lane 315.95 feet to land now or formerly of Reynold Blum at the point or
place of BEGINNING.
2
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, its successors and assigns,
forever;
AND the party of the first part covenants that the party of the first part has
not done or suffered anything whereby the said premises have been encumbered
in any way whatever, except as aforesaid. The party of the first part, as a
covenant running with the land in perpetuity, further covenants and agrees for the
party of the first part, and the heirs, legal representatives, successors and
assigns of the party of the first part, to use the premises on and after the date of
this instrument solely for the purpose of agricultural production.
AND The party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, successors and assigns of the party of the first part,
3
that the parcels of real property described herein are open lands actually used in
bona fide agricultural production as defined in GML section 247 and shall remain
open lands actually used in bona fide agricultural production. This covenant shall
run with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
THE party of the first part and the party of the second part do hereby
convenant and agree in perpetuity that either of them or their respective heirs,
successors, legal representatives or assigns, shall only use the premises on and
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title may not be subdivided into
plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of
the Town Law and Section 335 of the Real Property Law, or any of such sections
of the Town or Real Property Law or any laws replacing or in furtherance of
them. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. This covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
4
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining site conditions and for inspection of the premises for compliance
with this agreement. This covenant shall run with the land in perpetuity.
THE party of the first part, its heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it shall indemnify
and hold party of the second part and any of its officers, agents, employees, and,
their respective successors and assigns, harmless from and against any and all
damages, claims, losses, liabilities and expenses, includin§, without limitation,
responsibility for legal, consulting, engineering and other costs and expenses
which may arise out of (1) any inaccuracy or misrepresentation in any
representation or warranty made by seller in this agreement; (2) the breach or
non-performance of any convenants required by this agreement to be performed
by the party of the first part, either prior to or subsequent to the closing of title
herein; or (3) any action, suit, claim, or proceeding seeking money damages,
injunctive relief, remedial action, or other remedy by reason of a violation or non-
5
compliance with any environmental law; or the disposal, discharge or release of
solid wastes, pollutants or hazardous substances; or exposure to any chemical
substances, noises or vibrations to the extent they arise from the ownership,
operation, and/or condition of the premises prior to or subsequent to the
execution of the deed of Development Rights. This covenant shall run with the
land in perpetuity.
AS set forth in Chapter 6 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereafter be alienated, except upon the affirmative vote of
a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial
town election. No subsequent amendment of the provisions of this subsection
shall alter the limitations imposed upon the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run with
the land in perpetuity.
IT IS hereby agreed and understood between the parties that any
amendments to the covenants, restrictions and easements must be authorized
by the New York State Agriculture and Markets Department if New York State
grant money was used in part or in whole to fund the purchase of the
development rights on this parcel. This covenant shall run with the land in
perpetuity.
6
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Sell er: ~
Reyn~d Blu~
Purchaser:
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
Town
By:~
B ria n ' G .Z'Cvlu rp h y~e~J ty Supervisor
)SS:
On the 1st day of May, 2001, before me personally appeared REYNOLD
BLUM, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same and that by his signature on
the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
Notary Public ~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the 1st day of May, 2001, before me personally appeared BRIAN G.
MURPHY, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity as Deputy
Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual
acted, executed the in/st.E,ument./
KAREN J, t-~GiEN
Nota Public OTARYPUBLiC, State of New
ry ~ ~ No.
Qualified in Su~o~k Cou~ ~ ~
Commission ~pires M~ch 21, ~ .
7
PUBLIC H~ARING
JANUARY 30, 2001
5:00 P.M.
ON THE PURCHASE OF DEVELOPMENT RIGHTS OF THE AGRICULTURAL LANDS OF
BLUM, SCTM #1000-75-5-1
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G_ Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A_ Neville
To~ Attorney Gregory A. Yakaboski
SUPERVISOR COCHRAN: Out fixst heating is on the purchase of development rights of agricultural
lands of Blum, Suffolk County Tax Map #1000-75-5-1, and Councilman Murphy will read the public
notice.
COUNCILMAN MURPHY: "NOTICE IS ItEREBY GIVEN that pursuant to the provisions
of Chapter 25 and/or Chapter 6 (2% Conununity Preservation Fund) of the To,wa Code the Town
Board of the Town of Southold hereby sets Tuesday, January 30, 2001 at 5:00 p.m_, Southold Town
Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purpose
of the purchasing of development rights of agricultural lands for a certain parcel of property owned by
Reynold Blum.
Said propelIy is identified as SCTM #1000- 75-5-1_ The development rights easement
comprises approximately 11.98 acres of the 14.81 acre farm. The exact area of the development rights
easement is to be determined by a town provided survey, acceptable to the Land Preservation
Committee prior to the contract closing. The purchase price is $13,500.00 (thirteen thousand five
hundred dollars) per acre. Said property to be purchased either outright by the Town of Southold, or
acquired trader the Suffolk County Preservation Partnership Program xvhereby Suffolk County may
appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County
Greemvays Program whareby Suffolk County may appropriate an an~ount up to 70% of the total cost
of acquisition." We have notification that it was published in the official newspaper, and that it was
posted on the Toxwn Clerk's Bulletin Board. There is no correspondence in the file.
SUPERVISOR COCHRAN: Thank you, Brian_ You have heard the reading in relation to the approval
of the purchase of development on the Blum property. At this time would anyone like to address the
Board either pro or con? Frank, may I let the committee do the presentation, first? Are you doing it,
Mr. Ryan?
131urn PH 2
MELISSA SPIRO: I guess I will do the fn:st part, and he will do the second part. I will just describe
where the property is. It is located in Peconic on Peconic Lane. It is across the street from the Rec
Center. It is adjacent to land that the current rights are owned by the County, and it is across the street
from land in light green, which is the Tow'n development rights. This is visual so I know where they
are. This is the Highway Deparmsant.
DICK RYAN: Good afternoon. My name is Dick Ryan. I serve as your Chairman of the Southold
Town Land Preservation Committee. Melissa has been kind enough to give us a brief overx4ew of what
is shown on the map there. This farm of approximately 14.8 acres in size has frontage on the west side
of Peconic Lane. The north and east side of the property are occupied by the Southold Town Highxvay
Department, and on the east side by a farm parcel on which the County of Suffolk holds the
development rights. The farm is zoned Agricultural-Conservation, which permits single family
residential development, but also intends to control development of open lands, xvhich are
agriculturally productive. The Haven Loam soil classification of this farm reflects it's high agricultural
productivity_ The farm is currently planted as a vineyard. The owner proposes to reserve approximately
three acres at the southeasterly corner of the property fi'om the proposed development rights easement.
The reserved area is now improved with a residence and associated agricultural buildings. The area of
the proposed development rights easement represents yet another link in a chain of agricultural land
parcel that the Town and Suffolk County Farmland Programs have or will purchase and preserve. The
preservation of these farmland parcels will serve to enhance efforts of consolidating large blocks of
important productive agricultural land in Peconic and townwide. The Southold Town Planning Board
has been consulted, and expressed no objection to the proposed purchase. The purchase price is
$13,500 an acre, totally approximately $159,000. For approximately 11.8 acres. The market value of
this proposed purchase reflects in part its development potential; and the location of the property. The
value of the purchase is supported by a recent appraisal independently prepared by Given Associates of
Hauppauge. A survey of the parcel will be accomplished and is subject to adoption by the Land
Preservation Committee prior to completion of this. proposed purchase. Because of it's agsScultural
value, it's location, and it's proximity to other existing preserved farmland this property has a high
eligibilty for preservation. The Land Preservation Committee is unanimous in recommending this
purchase. The purchase will most ce~Xianly preserve and continue a rural character in the Peconlc, and
specifically in the town in general. On behalf of the Land Preservation Committee I urge the Town
Board to accept the offer of development to approximately 11.8 acres of this farm, and to resolve to
purchase the same pursuant to the provisions of either Chapter 25 or Chapter 6 of the Town Code. I
might point out as an aside that Ray Blum, the owner, is here with us this evening. This is his second
transaction that he has entered into with the Town of Southold. The Land Preservation Committee is
impressed with this particular agricultural landowner to the extent that we have impleaded him to come
and be appointed as member of our Land Preservation Committee subsequent to our last transaction
here, so he is looked upon as another valued member of our committee. Thank you.
SUPERVISOR COCHRAN: Mr_ Carlin?
FRANK CARLIN: Good evening, ladies and gentlemen of the Board. Frank Carlin, Laurel. I haven't
been speaking on this issue in the past, but I have some time. I will this evening. I ~vant to make it very
clear that I am not against open space or land preservation, but I think the Town Board is getting
carded axvay a little bit with the way they are spending tkis money here. You know, when you start
talking the last time when we was up here, the last meefmg, what was it $12,000 an acre? Now, it is
Blum PH 3
$13,500 an acre. It reminds me of the Custer Institute. Don't get me wrong again. Those people needed
those six acres of land over there. I don't deprive them of having the six acres of land, but you pay for
that land $199,000, $33,000 an acre. Man, that's a lot of money, a lot of money. I think it is getting out
of hand. I don't think the people in Southold Town realize that for every acre of open space is bought,
or Land Preservation is bought a half an acre comes off the tax rolls. Who is going to be paying for
these to make up the difference? Who is going to pay for it? I will give you another example. The
Laurel Link Golf Course, 230 acres, if they didn't buy that for a golf course we know in the future that
would have been bought for open space or for vineyard, but it now will be a Laurel Links Golf Course.
It really had my approval, too. It will mean an income to the Town and the school of Mattituck ora tax
revenue of $350,000_ I think we ~vould get more benefit in that area for an example than have us
looking at it as open space_ I am not saying you shouldn't have open space, but I think you are being
carried a~vay the ~vay you hand out tiffs money. It is like water you are handing out, $12,000 here,
$33,000 there, $13,500 there. Man alive! I know what you are going to say to me. You are going to say
to me, well, this is come fxom ftmding from the County, the State, Federal. That is not the Town's
money_ That is funds that we get to buy open space, but it doesn't matter. It all adds up to the same
people, the taxpayers. It's their money you are using. Come on. You are getting carded away with it.
SUPERVISOR COCHR~adq-: Thank you, Frank. Anyone else like to address the Town Board in
relation to the land purchase, the purchase of the development rights, which the property stays on the
tax rolls.
JIM BITSES: He's got a point_ Frank always has a point. He has brims, too. About five years ago I
submitted a plan to the Suffolk Times in which people would in an open auction, so to speak, submit
the development rights for sale, and each person who bought or sold a piece of property a certain tax
would be levied which incidently has been done, and this tax would go towards development rights in
the town, which would mean whoever was selling the developmeut rights still owned the land, but he
couldn't develop it. He could only farm it, and pay taxes on it. The point about taxes is well met.
Another thing, the tax law that was enacted, what is 2 1/2 percent on all sales? I don't recall what it is,
but that money goes to the County, and eventually it comes back to the tox~m. In any event whatever
happens to that money it is cash money for buying open areas, getting the title to the open areas. We
don't need the title to keep an area open.
SUPERVISOR COCHRAN: You are 100% wrong, Jim_
COUNCILMAN MURPHY: We are not taking title.
COUNCILMAN MOORE: We are buying development rights there. We are not buy'mg fee title_
JIM BrrSES: In any event I believe it would be a lot cheaper to buy the development rights.
COUNCILi~LAN MURPHY: That is what we are doing.
JIM BITSES: Is that xvhat you are buying? You bought development rights on six acres for $190,0007
COUNCILMAN MOORE: The six- acre piece was fee rifle.
BlumPH 4
JIM BITSES: That was an outright purchase. I aaa suggesting that avoid outright purchases in the
future, and buy only development. Is that what the plan will be ?
COUNCILMAN MOORE: That has always been the preferred plan.
JllvI BITSES: I suggested that five years ago, but the Suffolk Times woulch~'t publish my article. In
any rate, thank you.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Toxxm Board? (No
response_) If not, I will close the heating. Thank you, Richard, as always. Mr. Blttm, thank you also.
Elizhbeth A. Nevi le~
Southold Town Clerk
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
To~n Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-5711
Fax (631)'765-1366
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
TO:
FROM:
RE:
DATE:
Town Board
v"1'own Clerk
Planning Board
Tax Assessors
Building Department
Data Processing
Melissa Spiro, Land Preservation Coordinator
Development Right Acquisition
May2, 2001
Please be ad~ised that on May 1, 2001, the Town pnrchased the Development Rights on
the property listed below. Il'you would like any additional information regarding the
purchases, please feel fi:ee to contact me.
SCTM# OWNER EASEMENT I PURCHASE MISC.
AREA DATE
75-5-I Reynold Blum 11.98 acres 5/1/01 2.83 acres of the property were
not included irt the purchase. See
attached tax map for acquisition
location.
cc: Town Attorney
Land Preservation Committee
LOT I
HAIN
GREGORY F. YAKABOSKI
TOWN ATTORNEY
MARY C. WILSON
ASSIST.M~TT TO-W-N ATTORNEY
JEAN W. COCHIL~AN
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1889
Fax (631) 765-1823
E-mail: to~mattornes~southold.or g
OFFICE OF TIlE TOWN ATTORNEY
TO~VN OF SOUTHOLD
February 2, 2001
Richard A. Ehlers
Ehlers & Ehlers
456 Griffing Avenue
P.O. Box 387
Riverhead, NY 11901-0203
Re:
BLUM to TOWN OF SOUTHOLD
SCTM # 1000-75-5-1
Dear Mr. Ehlers:
Enclosed you will find three (3) copies of the Development Rights Purchase Agreement
and Deed of Devetopment Rights for your review in regard to the above matter. Please
have your clients sign the agreements and return two (2) copies to my office. After
Supervisor Cochran signs the agreement, I will return a fully executed copy to you for
your file.
If you should have any questions, please call.
Very truly yours,
Gl";g~ry ¢-. Yfak~bos~i/Esq.
Town Attorney
enos.
cc: Melissa Spire, Land Preservation Coordinator
Land Preservation Committee
Southold Town Board
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTILM'q OF VIT.~L STATISTICS
5,LMRRIAGE OFFICER
RECORDS lX, LhiqAGE~ENT OFFICER
FREEDOM OF INFORI~CATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, Nexv York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 135 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JANUARY 30, 2001:
WHEREAS the Town Board of the Town of Southold held a public hearing on the
question of the purchase of development rights of agricultural lands for a certain parcel of
property owned by Reynold Blurn on 30th day of January of 2001, pursuant to the provisions of
Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, at which
time all interested parties were given the opportunity to be heard; and
~VItEREAS, the Tova~ Board deems it in the public interest that the Toxvn of Southold
purchase the Development Rights of these agricultural lands, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase
the development rights of a certain parcel of propert3, of agricultural lands owned by
Revnold Binm, said property is identified as SCTM//1000-75-5-1. The development rights
easement comprises approximately 11.98 acres of the 14.81 acre farm. The exact area of the
development rights easement is to be determined by a town provided survey, acceptable to the
Land Preservation Committee prior to the contract closing. The purchase price is $13,500.00
(ttftrteen thousand five hundred dollars) per acre pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and/or Chapter 6 (2% Commurfity Preservation Fund) of the
Code of the Town of Southold; and be it
FURTHER RESOLVED that the parcel is to be purchased either outright by the Town
of Southold, or acquired under the Suffolk Cotmty Preservation Partnership Program whereby
Suffolk County ~vould appropriate an amount equal to 50% of the total cost of acquisition; or
under the Suffolk County Greenways Program whereby Suffolk County ~vould appropriate an
amount up to 70% of the total cost of acquisition.
Elizabeth A~ Neville
Southold Town Clerk
ELIZABETH A. NEVII~LE
TO~VN CLERK
REGISTRAR OF VITAL STATISTICS
l~ LAR RL-kGE OFFICER
RECORDS MANAGEi~ENT OFFICER
FREEDOIvl OF INFORMATION OFFICER
Tovm Hail, 53095 Ma~n Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTII~Y TltAT TI:IE FOLLOBrlNG RESOLUTION NO. 135 OF 2001
WAS ADOPTED AT ~ REGULAR MEETING OF THE SOUTHOLD TOW'N BOARD
ON JANUARY 30, 2001:
WI:tEREAS the Town Board of the Town of Southold held a public hearing on the
question of the purchase of development rights of agricultural lands for a certain parcel of
property owned by Reynold Blum on 30~h day of January of 2001, pursuant to the provisions of
Chapter 25 and/or Chapter 6 (2% Commuulty Prese~ation Fund) of the Tox~m Code, at which
time all interested parties were given the opportunity to be heard; and
VygIEREAS, the Towa Board deems it in the public interest that the Town of Southold
purchase the Development Rights of these agricultural lands, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase
the development rights of a certain parcel of property of agricultural lands owned bv
Revnold Blum, said property is identified as SCTM #1000-75-5-1. The development rights
easement comprises approximately 11.98 acres of the 14.81 acre farm. The exact area of the
development rights easement is to be determined by a town provided survey, acceptable to the
Land Preservation Conunittee prior to the contract closing. The purchase price is $13,500.00
(thirteen thousand five hundred dollars) per acre pursuant to the provisions of Chapter 25
(Agricultural Lands Pmsen,ation) and/or Chapter 6 (2% Community Preservation Fund) of the
Code of the Town of Southold; and be it
ELIZABETI-I A. NEVILLE
TOWN CLERK
REGISTt~R OF VITAL STATISTICS
MARRL~.GE OFFICER
RECORDS ALhlWAGEMENT OFFICER
FREEDOM OF INFORM.~kTION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TO~VN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 106 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE. SOUTHOLD TOWN BO.4~RD
ON JANUARY 30, 2001:
WHEREAS, the Totem Board of the Town of Southold wishes to purchase the
development rights in the agricultural lands of a certain parcel of property of agricultural
lands owned by Reynold Blum, said property is identified as SCTM #1000-75-5-1. The
development rights easement comprises approximately 11.98 acres of the 14.81 acre farm. The
exact area of the developmeRt rights easemeRt is to be detenuined by a town provided survey,
acceptable to the Land Preservation Comrnittee prior to the contract closing. The purchase price
is $13,500.00 (thirteen thousand five hundred dollars) per acre pursuant to the provisions of
Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (2% Community Preservation
Fund) of the Code of the Town of Southold; and be it
RESOLVED by the Town Board of the Town of Southold that tiffs action be classified
as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et.
Seq.: be it further
RESOLVED by the Towu Board of the Town of Southold that the Town of Southold is
the only involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental
Fonu prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant
impact on the enviromuent and declares a negative declaration pursuant to SEQRA Rules
and Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
PUBLIC HEARING
JANUARY 30, 2001
5:00 P.M.
ON THE PURCHASE OF DEVELOPMENT RIGHTS OF TH2E AGRICULTURAL LANDS OF
BLUM, SCTM #1000-75-5-1
Present:
Supervisor Jean W. Cochras~
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M_ Romanelli
Councilman Brian G. Murphy
Cmmcilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Toxwa Attorney Gregory A. Yakaboski
SUPERVISOR COCHRAN: Out first hearing is on the purchase of development rights of agricultural
lands of Blum, Suffolk Cotmty Tax Map #1000-75-5-1, and Councilman Murphy will read the public
notice.
COUNCILMAN MURPHY: "NOTICE IS HEREBY GIVEN that pursuant to the provisions
of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code the Town
Board of the Toxvn of Southold hereby sets Tuesday, January 30, 2001 at 5:00 p.m., Southold Town
Hail, 53095 Main Road, Southold, New York as the time and place for a pubhc hearing for the purpose
of the purchasing of development ri~ts of agricultural lands for a certain parcel of property owned by
Reynold Blum.
Said property is identified as SCTM #1000- 75-5-1. The development rights easement
comprises approximately 11.98 acres of the 14.81 acre farm. The exact area of the development rights
easement is to be determined by a town provided survey, acceptable to the Land Preservation
Committee prior to the contract closing. The purchase price is $13,500.00 (thirteen thousand five
hundred dollars) per acre. Said property to be purchased either outright by the Town of Southold, or
acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may
appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County
Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost
of acquisition." We have notification that it was pnblished in the official newspaper, and that it was
posted on the Town Clerk's Bulletin Board. There is no correspondence in the file.
SU~PERVISOR COCHRAN: Thank 3rou, Brian. YOU have heard the reading in relation to the approval
of the pumhase of development on the Blum property. At this time would anyone like to address the
Board either pro or con? Frank, may I let the conmfittee do the presentation, first? Are you doing it,
IVlr. Ryan?
B lure PH ~ 2 '~
MELISSA SPIRO: I guess I will do the first part, and he will do the second part. I will just describe
where the property is. It is located in Peconic on Peconic Lane. It is across the street from the Rec
Center. It is adjacent to land that the current rights are owned by the County, and it is across the street
from land in light green, wkich is the Town development rights. This is visual so I know where they
are. This is the Highway Department.
DICK RYAN: Good afternoon_ My name is Dick Ryan. I serve as your Chairman of the Southold
Town Land Preservation Committee_ Melissa has been ldnd enough to ~ve us a brief overview of what
is shown on the map there_ This farm of approximately 14.8 acres in size has fi'ontage on the west side
of Peconic Lane. The north and east side of the property are occupied by the Southold Tox~ Highway
Department, and on the east side by a farm parcel on which the County of Suffolk holds the
development rights. The farm is zoned Agricultural-Conservation, which permits single family
residential development, but also intends to control development of open lands, which are
agriculturally productive. The Haven Loam soil classification of this farm reflects it's high agricultural
productivity. The farm is currently planted as a vineyard. The o~vner proposes to reserve approximately
[hree acres at the southeasterly comer of the property from the proposed development rights easement.
The reserved area is now improved with a residence and associated agricultural buildings. The area of
the proposed development rights easement represents yet another link in a chain of agricultural land
parcel that the Town and Sttffolk County Farmland Programs have or will purchase and preserve. The
preservation of these farmland parcels will serve to enhance efforts of consolidating large blocks of
important productive agricultural land in Pecoulc and townwide. The Southold Tow'n Planning Board
has been consulted, and expressed no objection to the proposed purchase. The purchase price is
$13,500 an acre, totally approximately $159,000. For approximately 11_8 acres. The market value of
this proposed purchase reflects in part its development potential, and the location of the property. The
value of the purchase is supported by a recent appraisal independently prepared by Given Associates of
Hanppauge. A survey of the parcel will be accomplished and is subject to adoption by the Land
Preservation Committee prior to completion of this proposed purchase. Because of it's agricultural
value, it's location, and it's proximity to other existing preserved farmland this property has a high
ehgibilty for preservation. The Land Preservation Committee is tmanimous in recommending this
purchase_ The purchase will most certianly preserve and continue a rural character in the Peconic, and
specifically in the town in general. On behatf of the Land Preservation Committee I urge the Town
Board to accept the offer of development to approximately 11_8 acres of this farm, and to resolve to
purchase the same pursuant to the provisions of either Chapter 25 or Chapter 6 of the Towa~ Code. I
might point out as an aside that Ray Blum, the owner, is here with us this evening. This is his second
transaction that he has entered into with the Tox~m of Southold. The Land Preservation Committee is
impressed with this particular agricultural landowner to the extent that we have impleaded him to come
and be appointed as member of our Land Preservation Committee subseqnent to our last transaction
here, so he is looked upon as another valued member of our committee. Thank you.
SUPERVISOR COCHRAN: Mr. Cadin?
FRANK CARLIN: Good evedng, ladies and gentlemen of the Board. Frank Carlin, Laurel. I haven't
been speaking on this issue in the past, but I have some time. I will this evening. I want to make it very
clear that I am not against open space or land preservation, but I think the Town Board is getting
carded away a little bit with the way they are spending this money here. You know, when you start
talking the last time when we was up here, the last meeting, what was it $12,000 an acre? Noxv, it is
BlumPH '~- 3
$13,500 an acre_ It reminds me of the Custer Institute. Don't get me wrong again_ Those people needed
those six acres of land over there. I don't deprive them of having the six acres of land, but you pay for
that land $199,000, $33,000 an acre. Man, that's a lot of money, a lot of money. I think it is getting out
of hand. I don't think the people in Southold Town realize that for every acre of open space is bought,
or Land Preservation is bought a half an acre comes off the tax rolls. Who is going to be paying for
these to make up the difference? Who is going to pay for it? I will give you another example. The
Laurel Link Golf Course, 230 acres, if they didn't buy that for a golf course we know in the future that
would have been bought for open space or for vineyard, but it now will be a Laurel Links Golf Course.
It really had my approval, too. It will mean an income to the Town and the school of Mattituck ora tax
revenue of $350,000. I think we would get more benefit in that area for an example than have us
looking at it as open space. I am not saying you shouldn't have open space, but I think you are being
carried away the way you hand out this money. It is like water you are handing out, $12,000 here,
$33,000 there, $13,500 there. Man ahve! I know what you are going to say to me. You are going to say
to me, well, this is come from funding from the County, the State, Federal. That is not the Town's
money. That is funds that we get to buy open space, but it doesn't matter. It all adds up to the same
people, the taxpayers. It's their money you are using. Come on. You are getting carded away with it.
SUPERVISOR COCHRAN: Thank you, Frank. Anyone else like to address the Tox;m Board in
relation to the land purchase, the pttrchase of the development rights, which the property stays on the
tax rolls.
JIM BITSES: He's got a poh~t. Frank al~vays has a point. He has brains, too. About five years ago I
submitted a plan to the Suffolk Tinms in which people would in an open auction, so to speak, submit
the development rights for sale, and each person who bought or sold a piece of property a certain tax
would be levied which incidently has been done, and this tax would go towards development rights in
the town, which would mean xvhoever was selling the development rights still owned the land, but he
couldn't develop it. He could tuffy farm it, and pay taxes on it. The point about taxes is well met.
Another thing, the tax law that was enacted, what is 2 1/2 percent on all sales? I don't recall what it is,
but that money goes to the County, and eventually it comes back to the town. In any event whatever
happens to that money it is cash money for buying open areas, getting the title to the open areas_ We
don't need the title to keep an area open.
SUPERVISOR COCHRAN: You are 100% wrong, Jim.
COUNCILi~2xl MURPHY: We are not taking title.
COUNCILMAN MOORE: We are buying development rights there. We are not buying fee title.
JIM BITSES: In any event I believe it would be a lot cheaper to buy the development rights.
COUNCiLMAN MURPHY: That is what we are doing.
JIM BITSES: Is that what you are buying? You bought development rights on six acres for $190,0007
COUNCILMAN MOORE: The six- acre piece was fee title.
JIM BITSES: That was an outright purchase. I am suggesting that avoid outright purchases in the
future, and buy only development. Is that what the plan will be ?
COUNCIlMAN MOORE: That has always been the preferred plan.
JIM BITSES: I suggested that five years ago, but the Suffolk Times wouldn't publish my article. In
any rate, thank you.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? (No
response.) If not, I will close the hearing. Thank you, Richard, as always. IVlr_ Blum, thank you also.
Southold Town Clerk
NOTICE 'IS H,EREBY GIVEN.
'that-~Pursuant to th~_.pr'°visions of
. Chap. ret 25 and'/m' C'l~'h'pi'~,'~li:'6 ,(2%
. communit_y..Pr~s:e'~i!6n,:':?und)'of
the Town Code of the T6wn Board ot
the Town of Southold 'hereby sets
Tuesday, January 30., 2001 at 5:00
~ p.m., South01d Town HAll, 53095
Mare Road, SouLhold, New York as
the time and,place for a public hear-
'"ing 'for the puTchase of development
righls ol agricultural lands. [or a cer-
tain parcel of property owned by
Re3mold. Blum.
Said property is identified as
SCTM#1000-75-5-1. The develop-
ment rights easemenl comprises
approxtmately 11.98 acres of the
114'81 acre farm. The exact area of
~the development rights easement is
, to be determined by a town provided
:survey, acceptable to the' Land
Presen'ation Committee prior to the
.contract Closing. The purchase price
'is $13,500.00 (thirteen thousand five
whereby nay appro-
priate an amount equal io 50~ of the
total cost of acqutstuon: or under the
I Suffolk County Greenwavs Program
'1 whereby Suffolk Countv ~nav appro-
priate an amount up t~ 70% of the
,' total cost of acquisition.
' FURTHER NOTICE is hereby
given that a more detailed descrJp-
· tion of the above mentioned parce
of land is on fil_e in the Southold
~ ,Toxin Clerk's Office. Southold Town
:Hall, 53095 lvlain Road, Southo d,
!New York. and ma)' be examined by
, any interested persons during busi-
ness hours.
Dated: January 16. ,-001
BY ORDER OF THE
$OUTHOLD TOWN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
STATE OF NEW YORK)
)SS:
C,._~,UNTY OF SUF. FOLK)
'I('0~A'A~ (Dc'~C' of Mattituck, in said
COunty, being duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper, pub-
lished at Mattituck, in the Town of Southold, County of
Suffolk and StAte of New York, and that the Notice of which
the annexed is a pdnted COpy, has been regularly pub-
lished in said
for
on
Newspaper once each week
weeks successively, commencing
the [~ day
{~-- Pd-n(~i~lOled -
Sworn to before~.lne,this !~
day of
CHRISTINA T. WEBER
Nota~ Pubr,~ mare 0[ New York
No. 01WE6034554
Quailed in Suffok Counb/ _ .
Commission Expires D~ernber 13,~_~__~ I
20 OI
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 an&'or
Chapter 6 (2% Communi .ty Preservation Ftmd) of the To~xm Code the Town Board of the
Toxvn of Southold hereby sets Tuesday, January 30, 2001 at 5:00 p.m., Southold Town Hail,
53095 Main Road, Southold, New York as the time and place for a public hearing for the
purchase of development, rights_ o f agricultmral_ lands under for a certain, for~f
development rights of agricultural lands for a certain parcel of property owned by Re~d
Blum.
Said property is identified as SCTM #1000- 75-5-1. The development rights easement
comprises approximately 11.98 acres of the 14.81 acre farm. The exact area of the
development rights easement is to be detenrdned by a town provided sm'vey, acceptable to
the Land Preservation Committee prior to the contract closing. The purchase price is
$13,500.00 (thirteen thousand five hundred dollars) per acre_ Said property to be purchased
either outright by the Town of Southold, or acquired under the Suffolk County Preservation
Partnership Program x~ereby Suffolk County may appropriate an amount equal to 50% of
the total cost of acquisition; or under the Suffolk County Greenways Program ~vhereby
Suffolk County may appropriate an amount up to 70% of the total cost of acquisition.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in the Southold Town Clerk's Office, Sonthold Town
Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person
during business hours.
Dated: Januax3~ 16, 2001
BY ORDER OF THE SOUTHOLD TOWN BOARD
ELIZ_A_BETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JANUARY 18, 2001, _43ND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOV~2N CLERK, TOWN ICS~LL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Land Preservation Committee
Department of Land Preservation
Reynold Blum
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says tlmt on tire 17th day of January ,2001, she affixed a
notice of which the mmexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Toxxm of Southold, Suffolk Connty, New York, to
wit: Toxvn Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARINGS FOR JANUARY 30, 2001
Re3mold Blu. m 5:00 pm
-- FJ Elizab'eth A. Ne(iIle
Southold Toxxm Clerk
Sworn before me this
17~h day of January
'~ -0Notary Public
,2001.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF \rITAL STATISTICS
ALkRRIAGE OFFICER
RECORDS i~L~AGEMENT OFFICER
FREEDO~I OF rNFOP~LtTION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southotd, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 74 OF 2001 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2001:
RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community
Preservation Fund) of the Town Code the Town Board of the Town of Southold hereby sets
Tuesday, January 30, 2001 at 5:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New
York as the time and place for a pubhc hearing for the purchase of development rights of
agrictdtural lands under for a certain for the purchase of development rights of agricultural lands
for a certain parcel of property owned by Reynold Blum.
Said property is identified as SCTM #1000- 75-5-l. The development rights easement comprises
approximately 11.98 acres of the 14.81 acre farm. The exact area of the development rights
easement is to be detenrdned by a town provided survey, acceptable to the Land Preservation
Committee prior to the contract closing_ The purchase price is $13,500.00 (thirteen thousand five
hundred dollars) per acre. Said property to be purchased either outright by the Toxvn of Southold,
or acquired under the Suffolk County Preservation Partnership Progxam whereby Suffolk County
may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk
County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of
the total cost of acquisition.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
3,[ARRL&GE OFFICER
RECORDS 1Vtz-kNAGEIqLENT OFFICER
FREEDOM OF H'rFOtLMATION OFFICER
To~vn Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERI~
TOWN OF SOUTHOLD
FAX TRANSiYHTTAL
TO: SUFFOLK TIMES - ATTENTION CHRISTINE
FROM: BETTY NEVILLE ~~
DATE: 1/17/2001
RE: LEGAL NOTICES
Number of pages being faxed 3__ including cover page
If total transmittal is not received, please call 631 765-1800.
fax 631 765-6145
Two (2) Notice of Public Hearings for publication on Thursday, January 18, 2001 edition
newspaper:THANK YOU.
Please acknowledge receipt of this legal notice by si,china below and returning by fax to 765-
6145, attention: BettyNeville_ Thmtk you.
Received By Date
GREGORY F. YAR-&BOSKI
TOWN ATTORNEY
KATI-II,EEN gIURRAY
ASSISTANT TOWN ATTOP, N~Y
JOSHUA Y. IfoRTON
Super~dsor
Tovrn Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1889
e-mail:
gr eg.yakaboski@town.sou~hold.ny, us
kathle e~ murr ay~ to'~aL s outhold_ny.us.
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOL~THOLD
To: Elizabeth A. Neville
Town Clerk
From:
Date:
I~e:
Gmgow F. Yakaboski, Esq.
Town ARorney
September 10, 2002
REYNOLD BLUM to TOWN OF SOUTHOLD
Development Rights
SCTM #1000-75-5-1
Betty:
Enclosed for safekeeping in your office, please find the following document:
· Original title insurance policy no. RH80012283 issued by Commonwealth Land Title
Insurance Company, May 1,2001, in the amount of $161,730.00
Thank you.
Greg
/md
enc.
cc: Melissa Spiro, Land Preservation Coordinator w/eric.
COMM. ON, VF, ALTH LAND TITLE INSLIIL,~ICE COMPANY' OWNERIS POMCY OF TffLE INSURANCE
Commonwealth
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, YHE EXCEPTIONS FROM COYE1L&GE CONTAINED IN SCHEDULE B AND
THE CONDITIONS .~qD STIPULATIONS, COMMONWEALTH LA2xrD TITLE LNSURANCE COMP_M'qY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained o1: incurred by the insured by reason of:
1. Title to the estate or interest deacribed ha Schedule A being vested other than as stated there~xx;
2. Any defect fix or lien or encumbrance on the title;
3. Unmarketability of the
4. L~. ck-of a fight of acces, s t~ and from the land.
The Comp'any will also pay the costs, at~orr~eys' fees and expenses incurred in defer~e of the title, as in,ured, but only to the extent provided
in the Co~adiffon5 a~d ~ffpulatfixns.
IN' ~tI~S$ ~'.H~ILE,OF, CONIMONV~]~ALTH LAND PITLE INSUR.~.NCE COMPANY has caused it~ corporate name and seM to be
hereuanto:a~£i_ked by ~s dtfly authorized officers, the Pohcy to become valM xx hen co untersigned by all authorized officer or agent of the Company.
COMMONWEA~LTH L'AND TITLE INSURANCE COMPANY
President
EXCLUSIONS FROM COVERAGE
Valid Onl5 If Schedules A and B and Cover .&re _~.ttached
NM 1 PA10
ALTA Ownerl$ Policy (10-17-92)
Form 1190-1 Face Page
ORIGINAL
'MRY. 1.E~1 1: 12PM
MO. ?lB P. E/4
SGHEDULEA
· PoUgy No.: RHS00&2283
TOWN OF SOUTHOLD, a municipal corporation
The estate or Interest in the land, which is cOVered by this 'policy is:
Development Rights ·
Title to the ~stete'or' inter~.st in the land.is vested In:
TOWN OF SQUTNOLD, a municipal corporation
By deed made by REYNoLD BLUH to the'INSUAED dated Hay 1~ 2001 and to be recorded In thc
Omce of the Clerk/Register of SUFFOLK County,
The lend rmfeM~ed to in this policy is de.~rlbed'on the annexed Schedule A - Description.
'Countersigned:
' ' Authorized Officer or Agent
Fee.'Policy Xnsert
File' No..- RH800~.228'3
SCHEDULE B
Exceptions from Coverage
rhi~S policy .~dpes ,l~O,t mS, ute aga~n~'lo~, or. damage L~ th~ ~mpany-wJ~ not~p~ ~ts~,~n~y~'
'ebs~dr ~h~wh~ arl~ ~ ~ason.of the following: '
'-' ~gh~ a~enan~ or pe~ons in,poP,sion.
Suw~ made by~ohn C.' Ehlem, ~nd Su~or.la~ dated ~[~200[ (covering promises and
shows vaunt land,. (a)'~n~ a~ v~atlon ~ ~uthe~y Y~ Ilne~ (b) edge o~ dl~ roa6 ~m p~ml~es
adja~n~ w~ a~ variation ~ we~erly reco~ ine, [c) hedge enc~ach~ ~m 3 fee~ south ~a 4.0 feet
no~h of ~e~a~qrly .m~.: ne~ No.o~er variaUons or enema~men~
3- Unpai~ ~ater cha~e~'t~:da~, If any.
~e tax seamh heroin sh~W~.a papal or ~[I exem~lon from ~at~n, The exemp[ion ~om
will te~na~ imm~dla~ upon ~e ~mn~r. of ~le,to,the ~nsur~. Poli~ ~p~ ~he en of re,oreo
taxes, plus penal~ a~d iqte~ If any.
Poli~ i~Ums agaln~'mOn~. Io~ due ~ t~ I~fion of ~e hedges.
2~ half 2000/0[ town ~nd sch~l t~es.
Fee Policy :Znsert
ScHEDuLE A - DESCR/PTZON
)]~I~IENDED 4/30/200~.
~LL =hat.certain plot, piece or parcel of land, Situate, lying.and being at Peconie, in ~e Town of Sou~hold,
· ~oUn~ of. Suff~l~ and S~e~of NewYo~ and berg ~unded and d~crlbed as foll~ws: ' '
~EG[~N[NG.~ a m~n~en~-~n the weedy side of Pa~nlc ~na distant fha following ~o (~) ~ume~ and
~dletan~s'.as. me~ured aleh~ ~he we~Hy~slde ef Peconic ~na ~em ~e. ~mer formed by the ~nteme~ of
~e wes~e~y Side 0[ P~ni¢ ~ne and the n0~e~y side of Ha~n Road: ....
~. no~heHy.9[22Oo ~. mom or
~. No~h 30 .degr~s 00 min~tes.00 s~nds We~, 400,00 fe~ ~ ~e point or place of'beginning,
~ence $0u~ 60 degm~ ~' mi~ut~ 00 seconds We~ along [and-now or ~rmerly
. ~ENCE South 30 dagr~ 0Q m~nu~s 00 s~0nds ~, 287.~
'. THENCE South ~ deg[eeS 44 minute S8 sounds W~t, 679,70 ~ ~ land now
~ ~al~
' THENCE along sa~d ias~ mentioned'land, No~ 33 degree 35 minut~ 08 seconds'We~, 74Z.$0 ~[ to land
now or fe~efly of Frank P. $v~ and Chad~ 3. $vec; '
THENCE along said last mentione~ land the following thee (3) ~umes and dis:antes;
$). No~ 48 degrees 25 min~s $0 sounds Ea~ ~3.78
2). s0u~h 37 degrees 43'min~tes 00 seconds Ea~ ~.80
North 53 degrees 02 mintJbas 00 seconds Ea~c 370.;!.3 feet ta the westerly side of Peconlc lane;
Thence South 30 degrees 00 ri{inures 00 seconds East along the westerly side ar PeConic Lane 3$5,g5 fee~ tO
land now or formerly of Reynoid alum atthe point or piece of BEGINNING.
Conlmonwealth
File No.: RH80012283
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLTCY)
ATTACHED TO AND MADE A PART OF POLZCY NO. RH80012283
ZSSUED BY
COMMONWEALTH LAND TTTLE TNSURANCE COMPANY
The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereatter gain priority over the estate or interest of the insured
as shown in Schedule A of this policy."
The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) Tf the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or encumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy un]ess
otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is
subject to the Exclusions from Coverage/ Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: Play 1, 2001
Zssued at:
Commonwealth Land Title Znsurance Company
177 Old Country Road, PO Box 419
Riverhead, NY 11901
By
Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92)
TQ10037NY (07/00)
7. DET,,ERMiI~IATION, EXTENT OF LIABILITY AND COINSURANCE.
· This policy is a contract of indemrdty against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by tiffs policy and only to
the extent herein described.
(~) The liability of the Company under this policy shall not exceed the
least
(i) the Amount of lmura,nce staled, in Schedule A; or,
(ii) the ~fiTerence be0,veen the value of the imured cst-ate or interest as
insuresI and. flae, v~hie of the ~n~r~d ~srate or intewst ~ubject to the defect,
lien or 3nctm~b. mne~ ins~ed agalnst~by this policy.
(b) In the event the Axnomat of Insurance stated hi Schedule A at the
.Date, o~ Policy il le}s than 80 perce~t of the value of the insured estate or
interesf ~r the
mbsequent..to the: Dm of Policy an improvement iff erected on the land ·
which, incrceases the value of the insu~-ed estate or interest by at least 20
perceht over the Amcmnt of Insmxance ~nated in Schedule A, then chis
Policy is subject to the following:
(~)~ whew no subsequent improvement has been made, as to any pm~dal
insurOd` 9slate or interesL al. Da~ of Pohcy; or
· sum of the 3anount.of Insurance stared in Schedule A and the amount
expanded, for the in~provemenI-
The proxqsions of tiffs paragraph shall not upply to costs, attorneys' fee~
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of a~ny loss whSch exceeds, in the aggregate, 10
percem o£ the Amount of lnsumaace stated ir& Schedule A.
(e) The Company will pay only those costs, attorneys' fees and e~penses
incurred ia accordance with S~eclinn. a bf thgse Conditions and Stipulations.
8. APPORTIONMENT. '
.which are not u3ed. as ~1 singleton, and fl 'loss is established aff~'~dag one or
more of the parcels bm not all. lthe qos{ ~'hall be computed and se t ed on a
pro rata basis as if the antou~[~Sf ins~'ance under this poli¢~ was thvided
pro rata as to the value on Da~ of Pblicy-of each separate parcel to the
whole, exclusive of any hnprov~enls made s~bsequent to Date of Policy
unles~ ahablitty qr ~alue has ottferwtse been agreed upon as to each parco
by tM Company and the lasure~d: at tlie fime of the issuance of this pohcy
and thown b2~ an express statement or by a'n 'endorsement attached to this
policy.
9. LIMITATION OF LIABlU/Y.
(a) If the Company establishes the title, or removes the allegaa defect.
Iien or encumbrance, or cares the lack of a right of access to or from the
land. or cures xhe claim of unmarketability of title, all as insured, in a
reasonabYy diligent m~nner b5q any method, including litigation and the
completion o[' any appeals therefrom, it shall have fully performed its
obiigation~ with respect to that m~trter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any [itigafion, incinthag litigation by the Compan)
or with the Company's consefft, the Company shall have no llab[fit5 for
loss or damage until there ha~ been a final determination by a court of
: competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title a~ insured.
(c) The Company.shall not be liable for loss or damage to any in~ured
for liability voltmtarily assumed by the 42sured in settling any clakn or suit
without the prior written consent of the Company.
-10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY,.
Ail payments under this policy, except pagments made tbr costs,
attorneys' fees and exper~es, shall reduce the amount of the insurance pro
tanto.
11. LIABIU'rY NONCUMULATIVE
It is expressly nnderstood that the amount of insmance under rkis policy
,1 'mil be reduced by an), amount thc Company. may pay under any policy
insttring a mm¢gnge to which exception is taken in Schethile B or to which
the in,ured ha, a~eed, assumed, or taken subject, or xx rich is hereafter
executed by an insured and ~x rich is a charge or lien on the e,tate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured oxxmen
12. PAYMENT OF LOSS.
la} No paymem shall be made without producing this policy rot endorsemem
of the payment unless the policy has been Iosr or destroyed, in which ease proof
of loss or destruction ~hall be furnished to the satisfaction of Ire Company.
NM I PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Cover'Page ORIGINAL
CONDITIONS AND STIPULATIONS
(Continued)
(bi When liability a~d the extent of loss or damage has been dethfitel5
fixed in accordance with these Conditions and Stipulations. the loss or
damage shall be payable within 30 days thereaCter.
13. SUBROGATION UPON PAYMENT OH SE'I-rLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a clahn under this
policy, ali rlg~t of subrog:atina shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies wMch the insured clahnant would have bad against an2~ perso~ or
property in respect to the claim had this~ policy not been issued. IF
requested by the Compmay, the, insured claimant shall tranffer tO the
Company ali rights and remedies- ~galnst any person or property necessary
in order to perfect this right.,of~ sub'rogatSoa. The insured claimant shah
permit the Compan) to sue, cfmpromise or se~le in the name of the
insured claimant mid to. use the. name of the insured claimant in an5
transaction or litigation involving these rights or remedies.
If a payment on account ora claim does not ~dly cover the loss of the
insured clam*, the CoraCa~y :droll be shbrogated to tbe~e rights .and
remedies in the proportion which: the Company's payment bears to the
whole amount o~' the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall mat,~oid ~ pollcy~ hut the C0trtpany, in thai evenL
sh_a~, be re~thred to pay only tha~[ part ~f._a~,losses insured against by tiffs
policy which shall ~xceed the ~mat, ff ~ly, ,lost~to the Company by
reason of the impaiment by the insured clasha~nr of the Company's fight
of subrogation.
(b) The Company's Rights Ag~nst Non-insured Obligors.
The Company's fig/xt of subrogation against non-thsured obligors shall
exist and shall include, withofit llmitatton, the ri~his of the insured to
indemnifies, guaranties, other policies of msumnce or bonds,
notwithstanding am,, terms or conditions contained in those instruments
which pro~4de for subrogation fights By reason of this pollc3~.
14. IRBIIRIlION
Unless prohibited by uppllcable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but are not lira/ted to, any controvert3, or claim between the Compan5 and
the insured arising out of or relating to this po[icy, an5 ser~fce of the
Company in connection with its issuance or the breach· of a policy
provision or other ohiig~tinn. Ali arbitrable matters when the Amount o-f
Insurance is $I,000,000 or les~ shall be arbitrated at the option of either the
Company or the insured` All arbitrable matters when the Amount of
Insurance is in excess of SI.000,000 shall be arbitrated only when agreed to
b.~ both the Company and the i~sttred. Arbitration pursuant to this polio2,
and under the Rules in effect on the date the demand [or arbitration is
made or. at the option of the insured, the Rules in effect at Date of Policy
tha[I be binding upon the parties· Tlie award may include attorneys' fees
only if the laws of the state in which the laI(d is incated permit a court to
award attorneys' fees to a prevailing paxty. Judgment upon the award
rendered by the Arbitrator(s'l ma), be entered th any court having
jurisdiction thereof.
The law of the s~-tos of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rates ma5 be obtained from the Company upon request.
15. LIABILITY LIMITED TO THiS POLICY; POLICY ENTIRE
CONTRACT.
{al This poI[cy together with all endorsements, if an3'. attached hereto
b5 the Company is the entire po[icy and contract between the insured and
the Company. In interpreting any provis!on or- this pol!cy, this policy shall
be construed as a whole. ' -
(b) &ny claim of loss or damaga, whether or not b~ed on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy
(c) No amendment or' or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretars, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In tho event any prox4sion of the policy is held invalid or unenthrceab[e
under applicable law. the policy shall be deemed not to include that provi-
sion and all other prm4sions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
Valid Only I1' Face Page, Schedules A and B Are Attached