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HomeMy WebLinkAboutDickerson, Parker & ChesterGREGORY F. YAKABOSKI TO~%rN ATTORNEY gr eg.yakaboski~,town.southold, ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY p atricia, fmnegan @ t own.sou~hold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, Ne~v York 11971-0959 Telephone 11631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TO~VN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney May 2, 2003 PARKER E. & CHESTER M. DICKERSON to TOWN OF SOUTHOLD Development Rights Purchase SCTM #1000-88-1-10 Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Deed for Development Rights dated March 27, 2003, between Parker E. Dickerson & Chester M. Dickerson and the Town of Southold, recorded in the Suffolk County Clerk's office on 4/10/03, in Liber D00012245 at Page 632. · Original Title Insurance Policy #RH80023462 issued by LandAmerica*Commonweal[h in the insured amount of $213,112.20 · Closing Statement 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: 9 TRANSFER TAX NUMBER: 02-35113 District: ld00 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 088.00 01.00 EXAMi~-~D AND CHA~GED AS FOLLOWS $213,112.20 04/10/2003 03:56:42 PM D00012245 632 Lot: 010.000 Received the Following Fees For Page/Filing $27.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 $30.00 T~ansfer tax $0.00 TRANSFER TAX NUMBER: 02-35113 THIS PAGE IS Above Instrument Exempt NO Handling NO NYS SURCHG NO EA-STATE NO Cert. Copies NO SCTM NO Comm. Pres Fees Paid A PART OF THE INSTRUMENT Exempt $5.00 NO $15.00 NO $25.00 NO $0.00 NO $0.00 NO $0.00 NO $117.00 Edward P.Romaine County Clerk, Suffolk County ?L~,mber.of pages Serial Cert]fic~ # Prior C~f. # Deed / Mortgage Instrument ?age!/Fiiing Fee Handling TP-S!~4 \L Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (Cotmty) EA-3217 (State) Comm. of Ed... Affida~ k Certified Cop:,' Rag! Cop)' Other 5 Stamp Date Initials __ Sub Total 500 Sub' Total GP ND TOr^L / / q - Real Property Tat Service Agency Verification Dist. [ Section [ B lock [ Lot 03013625 ~ooo oeeoo o~oo o~oooo Satisfactions/Discharges/Releases List ~Property Owners Address, Mailing RECORD & RE~'UI*2q TO: This page forms part of the attached Eo.eard L:LENK up P 6~2 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is-or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page Pt __ of this instrument. 6 Community Preservation Fund Consideration Amount CPF Tax Due $ Improved Vacant Land TD TD TD ~ Title Company Information ICm Nam. cgd;~ rr;,J,w~) ~-,,~z~-/~ Z_~,,d0 ~T~ I Title ~ ~ff~q~ Suffolk County RecOrding & Endorsement Page (SPE~FY ~E OF ~S~ ) The premises herein is situated in SUFFOLK COUNI?x5 NEW YOP, K_ TO In the Tox~vahip of '77, wa/ dF ,5-~0/774~z..0 In the ViLLAGE or 'HAMLET of ~OXT$ 5 TI&RU 9 MLIST BE TSTED OR PRINTS, D II,4 BLACK INK ONLY PRIOR TO RECORDING OR FILING. DEED OF DEVELOPMENT RIGHTS TillS INDENTURE, made this 27th day of March, 2003, BETWEEN PARKER E. DICKERSON. residing at 1485 Mill Creek Drive, Southold, New York 1 i971, and CHESTER M. DICKERSON, residing at 155 Mountain View Manor, Torri/~on, Com~ecficut 06790, pm~ies o£the first part, AND the TO~VN OF SOUTHOLD, a mmticipal cmporation having its office and principal place of business at 53095 Main Road (Rome 25), Southold, Town of Southold, Comity of Suf£olk and State of New York, party of the second pm~; X~¥Ti'NESSETH, that the party of the first part, in consideration of TWO HUNDRED THIRTEEN THOUSAND ONE HUNDRED TWELVE AND 20/100 (5213,112.20) DOLLARS lawful money of the U~fited States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GILad'qT AND RE[EASE unto the part3., of the second part, its successors and assi~m~S forever, THE DEVELOPMENT RIGHTS, by whiclx is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Muthcipal Law, as amended, to permit, require or restrict the use of the premises exclusively for a~iculmral production as that term is presently defined in Chapter 25 of the Totem Code of the Town of Southold, and the rio~at to prohibit or restrict the use of the prenfises and any structures thereon for any purpose other than ag~Scultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, 154ng and in the Town of Southold, Count3' of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Jacob's Lane a distance of 397.21 feet northerly fi.om the comer fo~xned by the easterly side of Jacob's Lane and the northerly side of Main Bayview Road; RUNNING THENCE along the easterly side of Jacob's Lane north 27 degrees 26 minutes 00 seconds east 164.16 feet to land now or formerly of Zampini; RUNNING TI-W, NCE along land now or formerly of Zampini the folloMng three (3) courses and distances: 1. south 61 degrees 22 minutes 00 seconds east, 138.65 feet; 2. north 27 degrees 26 minutes 00 seconds east, 71.00 feet; 3. north 61 de~ees 22 minutes 00 seconds west, 138.65 feet to the easterly side of Jacob's Lane; RUNNING THENCE along the easterly side of Jacob's La. ne north 27 degrees 26 minutes 00 seconds east, 257.07 feet to Lot 28 on land known as "Map of Leeward Acres", Suffolk County, Map No. 5599; RUNNING THENCE along Lots 28, 29 & 30 as shown on the aforementioned map south 59 degrees 53 minutes 10 seconds east, 545.50 feet to a point which is on the easterly side of Lot 30 as shoxw~ on the aforementioned map; RUNNING THENCE along the easterly side of Lot 30 south 62 de~ees 28 minutes 40 seconds east, 36.16 feet to a point; RUNNING THENCE along the easterly side of said Lot 30 north 34 degrees 47 minutes 00 seconds east, 391.53 feet to a monument located along the sontherly side of Leeward Drive; RUNNING THENCE along the sontherly side of Leeward Drive and the area ~known as "Park and Recreation", as shown on the aforementioned map south 68 degrees 56 minutes 20 seconds east, 180.19 feet to a monmrtent and land now or formerly of Mack; RUNNING THENCE along land now or formerly of Mack south 27 degrees 11 minutes 20 seconds west, 982.35 feet to land now or formerly of Spates; RUNNING THENCE along the land now or formerly of Spates north 65 degrees 13 minutes 50 seconds west, 146.47 feet to a point; 2 TrlI~NCE through lands of the party of the first part the following six (6) courses' and distances: 1. 2. 3. 4. 5. 6. North 27 degrees 11 minutes 20 seconds East, 183.57 feet; North 63 degrees 01 minutes 20 seconds West, 125.14 feet; North 26 degrees 58 rrdnutes 40 seconds East, 106.23 feet; North 63 degrees 01 minutes 20 seconds West, 140.00 feet; South 26 degrees 58 minutes 40 seconds West, 178.02 feet; North 61 degrees 55 minutes 20 seconds West, 402.78 feet to the easterly side of Jacob's Lane and the point or place of BEGINNING. The word "premises" as used herein and in the Development Rights Purchase Agreement shall meax~ the above-described property. If there is no such described property, then it shall mean that part of Lot No. 2 as shown on said map and ~own as "Preserved Area, Area = 10.1482 Acres". 3 TOGETHER xxdth the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any' s~eets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and fights of the party of the first part in and to said premises, insofar as the rights gl'anted hereunder are concemed. TO HAVE 'AND TO HOLD the said Development Ri~ts in the premises herein granted unto the party of the second pm-t, its successors and assigns, forever; .4ND 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 proxy of the first part, as a covenant rmn-dng with the land in perpetuiW, fnrther covenants and agrees for the pax'fy of the first pan, 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 mrming with the land in perpetuit)% further covenants and agrees for the party of the first part, and the heirs, legal represantatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands actually used in bona fide agricultural production as defmed in GIVlL section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall rm~ with the land in perpetuity. 'AND the party of the first pm't, covenants in all aspects to comply with Section i3 of the Lien Law, as same applies with said conveyance. 4 THE party Of the first part mrd the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigl~s, shall only use the premises on and after this date for the pta'pose of such agricultttral production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a snbdivision map pursuant to Sections 265, 276 and 277 of tire Town Law and Section 335 of the Real Property. I_aw, or any of such sections of the Town or Real Property Law or any laws replacing or in fitrtherance o£them. The m~der135ng fee may be divided by conveyance of pm~s thereof to heirs and next of kin, by will or by operation of law, or with the ~a-itren recordable consent of the Purchaser. This covenant shall rrm with the land in perpetuity. NOTHING contained herein shall prohibit the sale of the underl.,Ang fee or any portion thereof. THE word "part3~' shall be construed as if it reads "parties" whenever the sense of tltis 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 x~'ill (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply xx4th ali of the Environmental Laws; allow party o£ the second part and i~s agents reasonable access to the premises for proposes of ascertaining site conditions and for inspection of the premises for comphance with this agreement. This covenant shall ~xm with the land in perpetuity. 5 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 indermfify and hold pm~y 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, habihties and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may' arise out of (1) any inaccttracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-perfmmance of any covenants req~ftred by this agreement to be performed by the part,2' of the first part, either prior to or subsequent to the closing of title herein; or (3) ansr action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance Mth any enviromnental 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 oxxmership, 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 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Toxxm pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Totem Board after a pnblic hearh~g and npon the approval of the electors of the Town voting on a proposition subnfitted at a special or biemfial town election. No subsequent amendment of' the provisions of this subsection shall alter the limitations imposed upon tl~e alienation of development rights acquired by the Town prior to an3, such amen&~ent. This covenant shall mn with the land in perpetuity. THE following shall be a covenant running with the land in perpetuity: If the area described in this deed is not actively fanned for mxy given year, the owner shall mow, at least once in the calendar year, the area described in the deed, the property not actively fanned prior to September 1~ of that year. ~f the o~mer has not mowed the property by September 1st or actively framed the property that same year, the Tmvn shall have the right to access the property and mow the area described in the deed, the cost of said mowing to be paid by the owner of the prope~v~r. IN WITNESS WHEREOF, the pretty of the first part has dtdy executed this deed the day and year first x~nftten above. Sellers: Parker E. Dickerson Pm:chaser: Town of Southold By: r~fua Y. Horton, Superx4sor 7 STATE OF NEW YORK ) COUNTY OF SLrFFOLK ) )ss: On the 27th day of March, 2003, before me personally appeared PARKER E. DICKERSON, 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 h~stmment and ac~knowledged to me that he executed the same and that by his signature on the insmm~ent, the ind/xddual, or the person upon behalf of which the kndividual acted, executed the instrument. Notary Public PATRIGIA t. FALI.O~I #Mary PubLic, State Of Ne~¥lll~ No. 01 FA4950146 Qualified In Suffolk Count~ Commission Expires April STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )ss: On the 27th day o£ March, 2003, before me personally appeared CHESTER M. DICKER_SON, personally ~known to me or prox4ded to me on the basis of satisfactory exfdence to be the individual whose nmne is subscribed to the within insmmmnt and ackmowledged to me that he executed the same and that by his signature on the instrument, the individual, or the person upon behalf of wlfich the individual acted, executed the instrument. Notary. Public PATRICIA L. FALLON Hotaty Public, State Of New ~3ffi No. 131 FA4950",46 Qualified In Su~olk county ~ STATE OF NEW YORK ) Oommimsion Expires April 24. c~ )SS: COUNTY OF SUFFOLK ) On the 27~I~ day of March, 2003, before me personally appeared JOSHUA Y. HORTON, personally knoxxm to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the withLn instrmne,zt and acknowledged to me that he executed the same in his capacity as Super~Ssor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the hlstmment. Notary Public MELANIE DOROSK] NOTARY PUBLIC, Sta~e of New Yml[ No. 01D04634870 Qualified in StJffolk Courly Commission Expires September 8 ISSUED BY COMMONWF--.XLTH L~u'~D Tm~ INSU~_aNCE COMI,.~uxa' OWNER'S POLICY OF TITLE INSURANCE Commonwealth SUBJECT TO TI-I~ EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERtS. GE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSUILANCE COMPANY, a permsylvaala corporation, herein eM[ed the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the _a~mount of Insurance stated in Schedule A, sustained or incnrred by the insured by reason of: 1. Title to the e~tate or inlerest described h/Schedule .a. being vested otheg tha~ as stated therein; 2. Any defeat in or lien or encumbrance on the title; 3. UrLmarketabLliry of the title; 4. Lack of a right of access to and from the laud. The Company x~5[I also pay the costs, attorne5 s' fees and expenses incurred in defense of the nde, as in~ured, but only to the extent prox, ided in the Conditions and Stipulations. IN V, ITN]ESS '~VHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPAN,' has caused it$ corporate name and seal to be hereunto affixed by its duly authorized officer~, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COM3IONWEALTH LAND TITLE INSUP, ANCE COMPANY SecreteD' Presideut EXCLUSIONS FROM COVERAGE The following matters are exnpressly ~xcluded from the coverage of this pdii~, and the Company will not pay loss or damage, costs, attorneys' fee~ or expenses which arise by reason of: 1. (a) .Mly la~, ordinance or governmental regulation (incluchng but not limited ro building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character: dimensions or location of ally improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or an} parcel of which the land i~ or was a part; or (iv) environmental protection, or the affect of any violation of these law~, ordinance~ or governmental regula- tions, except to the ex[ent tha~ a notice of the enforcement thereof or a notice of a defect, ilen or encumbrance resulting from a ~iolation or alleged xfiolation affeerhig the land has been recorded in the pubbc records at Date of Policy. (b) An}' governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defeat, lien or encumbrance resulting from a violation or alleged violation affecting the lmld has been recorded in rile pub[ia records at Dare of Policy. 2. Rights of eminent domalll toeless notice of the exercise thereof bas been recorded in the pub[ia records at Dare of Polic3, bur not excluding from coverage any raking which has occurred prior ro Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insllred claimant; (b) nor knoxxll to the Company, not recorded in the public records ac Dare of Policy, but kno~xm to the insured claimant and nor disclosed in writing ro the Company by the insured claimant prior to the date the insured claimant became all insured under this policy; (c) resulting in no loss or damage to the inaured clatmant; (d) attaching or created subsequear to Date of Policy; or (e) resulting in loss or damage which ~ould not have been sustained if the insured cl~fimant had paid value for the estate or interest insured by ri'ds policy. 4. Any claim, which arises out of the transaction vexing in the Insured the estate or interest insured by this policy, by reaso~ of the operation of federal bankruptcy, state insolvency, or similar creditors' righta laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or 0a) the transaction creating the estate or interest insured by rhia pohcy being deemed a preferential tramfer except where the preferential transfer results from the failure: (i) to timely record the hi~trument of transfer; or (ii) of such recordation m impart nonce to a purchaser for value or a judgment or lien creditor. IaM I PA10 LTA Owner's Policy (10/17/92) ce Page orm 1190-1A Valid only if Schedules Aand B and Cover are attached ORIGINAL CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy m~an: la') "insured": the insured named in Schedule A, and, ~ubject to an) righu or defenses the Company would ha~e had against the named insured, those who succeed to the interest of the named insured by operation of law a, distinguished from purchase including, but not limited to. heirs, distributee~, devisees, survixors, personal representatives, next of kin, or corporate or fiduciary successors. (bi -in,ured claimant": an insured claiming loss or damage Ic~ "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this po[icy or any other records which impart constructive notice of matters~at~ecting the land. Id) "land": the land' described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor an) fight, title, interest, estate or easement in abutting street~, roads, avenueS, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a figh~ of access to and from the land is insured b) this policy. . (eI "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (Q "public records": records established under state statutes at Date of Policy for thc purpose of imparting constructive notice of matters relating to ieal property to purchasers For value and without knowledge. With respect to Section l(a) (ix') of the Exclusions From Coverage, "public reco~rds- shall also include environmental protection liens filed in the recp~.ds of the clerk of the United States district court for the district in whi[h the land is located. (gl "unmarketability of the title": an alleged or apparent matter affecting th~ 'title to the land, not excluded or excepted From coverage, which would entitle a purchaser of the estate or interest described in Schedule .4. to be released from the obligation to purchase b) vlrtue of a contra~ual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF T TLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured only' so long as he insured re ams an esta e or In eres in the land, or holds an indebtedness secured by a purchase moue) mortgage given by a purchaser from the insured, or only so long as the insured shall ha~e liability b) reason of covenants o1' warrfinty made by the insdred in any transfer or conveyance of the estate or interest. This polio3 shall not continue in force in hxor of any purchaser from the insured of either {il an estate or interest in the land, or iii) an indebtedness secured b) a pfirchase money' mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. ~he insured shall notify' the Company promptly in writing ti~ in case of an)' litigation as set Forth in Section 4(a}-b¢low. (i~} in case kn0~led~e shall co~e t~) an insured hereunder of an)' claim of title or interest Yhich is adverse to the title to the estate or interest, as insured, and which might cau}e loss or damage for which the Company may be liable by ~irtue of this~policy, or tilt) if title to the estate or interest, as insured, is reiected as unrg~rketable. [F prompt notice shall not be given to the Company. then as to t~hete insured all liability of the Company shall terminate ,Mth regard to the matter or matters For ,~hich prompt notice is required: prosided. fox ~er. that failure to notify the Company shall in no case prejudice the fights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent o1' the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. la) Upon written request b) the insured and subject to the options conthined in Section 6 of these Conditions and Stipulations. the Company, at its own cost and without unreasonable delay', shall provide for the deFehse of an insured in litigation in which any third party asserts a claim advdrse to the title or interest as insured, but only as to those stated causes of ~tion alleging a defect, lien or encumbrance or other matter insured against by this pobev. The Company shall have the right to select counsel of i~s choice Isubjec} to the right of the insured to object for reasonable causei to represent the insured as to those stated causes of action and shall ~ · not ibc liable for and will not pay the Fees of an)' other counsel. The Company ~ill not pay an) fees, costs or expenses incurred b) the insured in the defense of those causes of action which allege matters not insured against by this policy. - (by The Company shall have the fight, at its own cost. to institute and prosecute any action or proceeding or to do any other act ~hich in its opinion ma)' be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. Ibc,Company ma) take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not therebp concede liability or waive any provision of this policy. [f the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190-1A lc) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue an) litigation to final determination by a court of competent jufisdiodon and expressly reserves the fight, in its sole discretion, to appeal From any adxerse judgment or order. (dy In all cases where this policy permits or requires the Company to prosecute or provide For the defense of any action or proceeding, the insured ~hall ~ecure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured For ~his purpose. Whenever requested by the Company the insured, at the Company's expense, shall give the Company all reasonable aid (il in an) action or proceeding, securing e~idence, obtaining witnesses, prosecuting or de[ending the aclion or proceeding, or effecting settlement, and [ii) in an5 other lawful act which in the opinion of the Company ma) be necessary or desirable to establish the title to the e, tate or interest as insured. If the Company is prejudiced b) the failure o£ the insured to tarnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. ~ith regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been proxided the Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company afthin 90 days after the insured claimant shall aycertain the facts Wing rise to the lo~s or damage. The proof of loss or damage shaft describe the defect in. or lien or encumbrance on the title, or other matter insured against by this polic~ x~hich constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Compan} is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to delknd, prosecute, or continue any ]itigafion, aith regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by an)' authorized representative of the Company and ahab produce For examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, ~hether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further. if requested by any authorized representative of the Compen) . the in~ured claimant shall grant its permission, in ~riting. For an) authorized repre,entati;e of the Company to examine , inspect and cop) all records. books~ ledgers, checks, correspondence and memoranda in the custody or control of a third part). ,~hich reasonably pertain to the loss or damage. AIl information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reaaonable judgement of the Company. it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shah terminate any liabilit) of the Company under this po[icy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETFLE CLAIMS; TERMINATION OF LIABILITY. ht case of a ciasa under tiffs policy the Company shall have the following additional options: Ia}To Pa) or Tender Payment of lhe Amount of Insurance. To pa) or tender pa)anent of the amount of insurance under this policy together with an) co~Is attorneys' Fees and expenses incurred b) the insured claimant. ~hich were authorized bv the Company, up to the time of pa_wnant or tender of payment and which the Company is obliga- ted to pa)'. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including an3 liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. th} To Pa) or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i~ to pa)' or otherwise settle ~ith other parties for or in the name of an insured claimant any claim insured against under this policy, together wtth any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or other~'ise settle with the insured claimant the loss or damage provided tbr under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant ~hich were authorized b) the Company up to the time of pa)ment and which the Company is obligated to pa). Upon the exercise by the Company of either of the options provided for in para~aphs (bi(i) or lit), the Company's obligations to the insured under this policy For the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation lo defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover CONTROL NO. MAR. 27,2003. 3:427M File No,; RHBOO2~62 SCHEDULE A LandAmerica C°mmonwealth Amount of Znsurance: $213,112,20 Date o1" Policy No.; RH80023462 Name of Insured: THE TOWN OF SOUTHOLD The estate er intere~-t irt the land which is cove~-cl by this policy is; Development Right Title to the ~-~ate er interest in the land is vested in; THE TOWN OF SOUTHOLD By deed made by PARKER E. DZCKER$ON and CHESTER Pl. DZCKERSON to the INSURED dated March 27, 2003 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersig ned; Authorized Officer or Agent Fee Policy lnse~c File Ne.: RH80023462 SCHEDULE A - DESCRZPTZON EN ED :3 6 03 ALL that ~erteln 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; BEGZNNZNG at · point on the easter¥ side of.lacob's Lane a distance of 397.21 feet northerly from the corner formed by the easterly side of ]scab's Lane and the northerly side of Main E~ayview Road; RUNNZNG THENCE along the easterly side of.lacob's Lane north 27 degrees 26 minutes 00 seconds eest~ 164.16 feet to land now or formerly of Zampin/; RUNNZNG THENCE along land now or formerly of Zampini the following three (~) courses and distances: south 6: degrees22minutes O0 seconds eas~ 138.65 feet; 2. north 27 degrees 26 minutes 00 seconds east, 7L.00 feet; 3, north 61 degrees 22 minutes 00 seconds west, 138.6S feet to the easterly side of ,1scab's Lane; RUNNZNG THENCE along the easterly side of 3acob's Lane north 27 degrees 26 minutes 00 seconds east, 257.07 feet to Lot 28 on land known as "Map of Laeward Acres", Suffolk County, Nap No. 5599; RUNNZNG THENCE along Lots 28, 29 and 30 as shown on the aforemenUoned map south 59 degrees 53 minutes L0 seconds east, 545.50 feet to a point which is on the eastedy side of Lot 30 as shown on the aforementioned map; RUNNZNG TflENCE along the easterly side of Lot 30 south 62 degrees 28 minutes 40 seconds east, 36.16 feet to a point; RUNNING THENCE along the easterly side of said Lot 30 north 34 degrees 47 minutes 00 seconds east, 391.53 feet to a monument located along the southerly side of Leeward Drive; RUNNZNG THENCE along the sou~erly side of Leeward Drive and the area known as "Park and Recreation", shown on the aforementioned map south 58 degrees 56 minutes 20 seconds east, 180.19 feet to a i monument end land now or formerly of Neck; :RUNNING THENCE along land now or formerly of Hack south 27 degrees 21 minutes 20 seconds west~ 1982.35 feet to land now or formerly of Spates; RUNNXNG THENCE along the land now or formerly of Spates north 65 degrees 13 minutes 50 seconds west, ~46.47 feet to a point; THENCE through lands of the party of the first part the following six (6) courses and di.~ances: 2. North 27 degrees 13. minutes 20 seconds east, 3.83.57 feet; 2, No~h 63 degrees 01 minutes 20 seconds West, 125.14 feet; North 26 degrees 58 minutes 40 seconds East, 3.06.23 feet; 4, Nodch 63 degrees 01 minutes 20 seconds West, 140.00 feet; $, South 26 degrees 58 minutes 40 seconds West, 178.02 feet; 6. North 61 degrees 55 minutes 20 seconds West, 402.Y8 feet to the easterly side of 3scab's Land and the point or place of BEG~NNZNG, Fee Policy Insert MAL27,200 3:29PM CLTIC RIVERHEAD 0,'114 File No.: RH80023462 P, 4/4 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Cempany will not pay costs, attorneys' fees or expenses) which arise by reason of the following: RighCs of tenants or persons in possession. Driveway Reservation & UtilitY Reservation recited in Deed recorded in Liber 4483 page 268. Corrected by Deed recorded in Llber 4862 page 587, Commitment of Land b3 Continued Agricultural Commitment of Land to Continued Agricul:ursl Commitment of Land to Continued Agricultural Commitment of band ~o Continued Agricultural Commitment of Land to ConMnued Agricultural Commitment of Land to Continued Agricultural Commitment of Land to Continued Agricultural Commitment of Land to Continued Agricultural Commitment of Land to Continued Agricultural Commitment of Land to Continued Agricultural Production Product:ion Production Production Produ~ion production Production Production Production Production recorded in Uber 824~. page 386, recorded in Uber 8426 page 204, recorded in !Jber 8626 page 9~. recorded in Libsr 8826 page 89, recorded in Liber g000 page 350. recorded in Uber 9:!.83. page 542. recorded In Liber 9347 page 427, recorded in Liber 9866 page 44. recorded in Liber 9795 page 457. recorded in Libsr ;[0035 page 597, Survey made by Peconic Surveyors, P. C. last dated 12/1S/02 shows greenhouses~ in disrepair; a)Twenty (20) foot wide right of way with dir~ and gravel road that traverses same leading onto removed area and unto adjoining premises South; b)Variations between ?ence and South line. No other variations shown. 2002/03 Town and School tsxes~ 2 Fee Policy Commonwealth File No.: RH80023462 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLTCy) ATTACHED TO AND MADE A PART OF POLrCY NO. RH80023462 ISSUED BY COMMONWEALTH LAND TZTLE INSURANCE 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 hereaiter 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) If 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 unless 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: March 27f 2003 ,Issued at: ICommonwealth Land Title Insurance Company !185 Old Country Road, PO Box 419 lSuite 2 !Riverhead, NY :1.1.901 By Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/i7/92) TQ:~0037NY (07/00) CONDITIONS AND STIPULAT~ONS ' -" (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered less or damage by reason of matters insured against by this poricy and only to the exlent herein described. (a) The liability of the Company under this policy shall not exceed the least ' of: · . (i) the Amount of Insurance stated in Scheduts A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encgmbrance insured against by this palicy. · · · (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the ]and which increases the value of the insuredl estate or interest by at least 20 pement over the Amount of Insurance stated ih Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the propoKlon that the amounl .f insurance at Date of policy bears to the total value of the insured estate or inter'lst at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial Ibss, the Company shall only pay the loss pro rata in the proportion that 120 percenq~ of the Amount of insurance stated in Schedule A bears to the sum of the Amount of insurance stated tn Schedule A and the amount expended for the impr°W~eT[ provisions of this paragraph shall not apply to costs, a~[orneys fees and s for which the Company is liable under this policy, and shall only apply to exponS~ion of any loss which exceeds, in the aggregate. 10 percent of the Amount of ~a nee stated in Schedule A. Insur)(c The Company will pay only those costs, attorneys' fees and expenses incurreq in accordance with Section 4 of these Conditions and Stipulations. 8. ApIPORTIONMENT. If ~he land described in Schedule A consists of two or more parcels which are not used, as a single site, and a loss is established affecting one or more of the parce[slbut not all, the loss shall be computed and se[tied on a pro rata basis as if the am(~unt of insurance under this policy was divided pro rata as to the value on Date c~f Policy of each separate pamel to the whole, exalusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel bythe Company and the insured at the tim of the issbance of this policy and shown by an express statement or by an end6rsement attached to this policy. 9. LIMITATION OF LIABILITY. (a If the Company establishes the title, or removes the alleged defect, lien or enc~ ~brance, or cures the lack of a right of access to or from the land, or cures the clal n of unmarketability of title, all as insured, in a reasonably diligent manner by any nethed, including litigatian and the completion of any appeals therefrom, it shall ye fully performed its obligations with respect to that ma~[er and shall not be llabl ! for any loss or damage caused thereby. (b In the event of any litigation, including litigation by the Company or with the Co~ 1party's consent, the Company shall have no liability for loss or damage until th~ re has been a final determination by a coud of competent jurisdiction, and dispoali~on el all appeals therefrom, adverse to the trio as insured· (c) The Company shall not be liable for loss or damage to any insured for liapllity ~oluntadly assumed by the insured in setging any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF Al payments under this policy, except payments made for costs, attorneys' fees a expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. ]t is expressly understood that the amount of insurance under this policy shall b~ reduced by any amount the Company may pay under any po[icy insudng a mortgla ]e to which exception is taken in Schedule B or to which the insured has agreed,~assumed, or taken subject, or which is hereafter executed by an insured and wh h is a charge or lien on the estate or interest described or referred to in Schedu e A, and the amount so paid shall be deemed a payment under this policy to thei ured owner. 12. P/~YMENTOF LOSS. (a~ No payment shall be made without 'producing this policy for endorsement of the payment unless the policy h~ been lost or destroyed, in which c~se proof of loss or destruction shall be furnished to the satisfaction of the Comp ' y. ~ When llapility and the ex~ent of loss or damage has been definitely fixed in accordance wilh these Conditions and Stipulations, the loss or damage sha be payab e wth n 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have sedled and paid a alalm under this policy, al! right of subrogation 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 which the insured claimant w~3uld have had agaJnet any person or propa~y in respect to the claim had this policy riel been issued. If requested by the Company, the insured ctsJmant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litiga~on involving these dghts or remedies. If a payment on account of a claim does not tally cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company% payment bears to lhe whole amount of/he loss. If loss should result from any aat of the insured claimant, as stated above, that act shall not void Ihis po[icy, but the Company, in that event, shall be ~equired to pay an[y that par~ of any losses insured against by this policy which shall exceed the amount, if any~ lost to the Company by reason of the impairment by the insured clalmaut of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, no~thstanding any terms or conditions contained in those instruments which provide for subrogation righta by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the q3tle Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to. any controversy or claim between the Company and the insured adding out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company ortho insured. All arbitrable matters wheal the Amount of Insurance is in excess of $1.000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this palicy and under the Rules in effect on the date the demand for arbitration is made or, at the option ef the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the a~rd rendered by the Arbitrator(s) may be entered in any court having jutisdict]on thereof. The law at the situs of Ihe land shall apply to an aththation under the TItle Insurance Arbitration Rules· A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This po[icy together wilh all endorsements, if any, aEached hereto by the Company is the enitre policy and contract between the insured and the Company. In interpreitng any provision of this policy, this policy shall be construed as a whole· (b) Any claim of loss or damage, whether or not based on negligence, and which adses 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 of or endorsement to this po]icy can be made except by a w~ting endorsed hereon or attached hereto signed by either the President. a Vice President, the Secretary, an Assistant Secrelary, or validating officer or authorized signatory of the Company. 16. SEVERAS[LITY. In the event any provision of the policy is held invalid or unenforceable under applicable law. the policy shall be deemed not to include that provision and all other provisions shall remain in full tome and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page / ORIGINAL Valid only if Face Page and Schedules A and B are attached CLOSING STATEMENT PARKER E. DICKERSON and CHESTER M. DICKERSON to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-38-1-10 10.1482 acres @ $21,000/acre sis Jacob's Lane, Southold, New York Purchase Price: $ 213,112.20 Payable to Parker E. Dickerson Check #71140 Payable to Chester M. Dickerson Check #71141 $ 96,056.10 $ 96,056.10 Payable to Rudolph H. Bruer, as atty $ 21,000.00 Check #71142 Expenses of Closing: Appraisal Payable to Patrick Given, SRPA Check #69133 $ 1,900.Q0 Environmental Report Payable to Nelson, Pope & Voorhis Check #70664 $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #67023 Title policy $ 1,271.00 Deed recording $ 135.00 $ 1,406.00 Title Closer Payable to Patricia Fallon, Esq. Check #71144 50.00 Closing held on Thursday, March 27, 2003, at 2:30 p.m. Southold Town Hall, 53095 Route 25, Southold, New York Those present at Closing: Parker E. Dickerson Betsy (Mrs. Parker) Dickerson Chester M. Dickerson Rudolph H. Bruer, Esq. Gregory F. Yakaboski, Esq. Patricia Fallon, Esq. Melissa Spiro John Sepenoski Seller Seller Attorney for Seller Attorney for Town of Southold Title Company Closer Land Preservation Coordinator Data Processing VENDOR #~098 PARKER E. DICKERSON 03/27/2003 CHECK #71140 FUND/ACCOUNT INVOICE # PO # DESCRIPTIOW' AMOUNT H3;8660.2.600.100 032703 DEVELOPmeNT RIGHTS EASEMENT SCTM #1000-88-1-10 10.1482 ACRES 96,056.10 TOTAL **$96,056.10'* TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 VENDOR #4099 CHESTER M, DICKERSON 03/27/2003 CHECK #71141 FUND/ACCOUNT INVOICE # PO# DESCRIPTION AMOUNT H3.8660.2.600,100 032703 DEVEhOP}~NT RIGHTS EASEMENT SCTM #1000-88-1-10 10.1482 ACRES :' :96,056.10 TOTAL **$96,056.10'* TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 V~NDOR #2596 RUDOLPH H. BRUER~ AS ATTORNEY 03/27/2003 FUND /ACCOUNT INVOICE # PO # DESCRIPTION AMOUNT N3.8660.2.600.100 032703 DEVELOPMENT RIGHTS DICKERSON TO TOWN OF SOU~OLD SCTM #1000-88-1-10 TO BE HELD IN ESCROW 21,000.00 TOTAJ~ **$21,000.00'* TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ......................... Use ACti 1/30/2001 1/30/2001 A .600 1/30/2001 H2 .600 5/08/2001 H3 .600 6/19/2001 A .600 8/14/2001 H3 .600 9/25/2001 HI .600 10/09/2001 H3 .600 12/04/2001 H2 .600 12/04/2001 H2 .600 12/18/2001 H3 .600 2/26/2002 H3 .600 2/26/2002 H3 .600 8/27/2002 H3 .600 11/07/2002 ~3 .600 11/07/2002 H3 .600 1/30/2001 5/08/2001 6/19/2001 8/14/2001 9/25/2001 10/09/2001 12/04/2001 . 12/04/2001 . 12/18/2001 2/26/2002 2/26/2002 8/27/2002 Y 11/07/2002 ' 11/07/2002 ......................... Use ACti Select Record(s) or Use Action code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-11072002-470 Line: 96 Formula: 0 Account.. H3 .600 ACCt Desc ACCOUNTS PAYABLE Trx Date ..... Trx Amount... Description'.. Vendor code.. vendor Name.. Alt vnd.. CHECK ........ 69133 SCNB Invoice code. 2002231 VOUCHER ...... P.O. code .... 09528 Project code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 11/07/2002 Date cleared. 11/30/2002 F3=Exit F12=Cancel F21=Image 11/07/2002 SOT 11/07/02 1,900.00 APPRAISAL-C.DICKERSON 007416 GIVEN, 5RPA/PATRICK A. GLiOOs 40 FIN TOWN OF SOUTHOLD ** Actual Mistory ** vendor.. 014161 NELSON, POPE & VOORHIS, Disburs Inquiry by vendor Name Y 3E Date Trx. Date Fund Account ......................... Use Action 2/25/2003 2/25/2003 B .600 2/25/2003 2/25/2003 H15.600 Y 2/25/2003 2/25/2003 H3 .600 2/25/2003 2/25/2003 A .600 ................................ End ** Full Detail ** W-02252003-558 Line: 347 Formu]a: 0 ACCOUnt.. H3 .600 Trx Oate ..... 2/25/2003 SOT 2/27/03 Trx Amount... 1,S00.00 Description.. ESA-1-DICKERSON-88-1-10 vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, CHECK ........ 70664 SCNB Invoice Code. 1585 VOUCHER ...... P.O. code .... 10266 Project Code. Final Payment F Liquid. 1099 F1 ag .... 7 Fixed Asset.. Y Oate Released 2/25/2003 Date Cleared._ B/F/L/R/. ACTION? VENDOR #3350 LANDAMERI CA* C O~IONWEAL TH ~FUND/ACCOU~IT INVOICE # PO # 03/27/2003 DESCRIPTION CHECK #71143 AMOUNT 1~13.8660.2.600.100 032703 DEVELOPMENT RIGMTS DICKERSON TO TOWN OF SOUTHOLD SCTM #1000-88-1-10 FEE INSIrRANCE RECOPd)ING OF DEED TOTAL 1,271.00 135.00 **$i,406.00'* TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 VKNDOR #6013 PA~RICiA FALLON 03/27/2003 CHECK #71144 FUND/ACCOUNT INVOICE # PO # DESCRIPTION AMOUNT ~3.8660.2.600~100 032703 DEVELOPMENT RIGHTS DICKERSON TO TOWN OF SOUTHOLD SCTM #1000-88-1-10 CLOSER FEE 50.00 **50.00** TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 SOUTHOLD TOWN BOARD .[ PUBLIC HEARING November 7, 2002 7:20 P.M. HEARING OF THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF PARKER AND CHESTER DICKERSON~ SCTM #1000-88-1-10. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans. Cotmcilman William D_ Moore Councilman John M. Romanelli Councilman Thomas H. Wic ~kham Totem Clerk Elizabeth A Neville Town Attorney Gregory A. Yakaboski Absent: Councilman Craig A. Richter COUNCIL~vL~_N ROMANELLI: I ~vould like to point out that the Dickerson's are here in the audience tonight. COL,rNC1LMAN WICKHAM: 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 Toxx~ Board of the Town of Southold hereby sets Thursday, November 7~ 2002, at 7:20 p.m., Southold Town Hall, 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property, owned br Parker and Chester Dickerson. Said property is identified as SCTM #1000-88-1-10 and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Sonthold. The development rights easen~ent comprises approxin~ately 10 acres of the 13.45 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 $21,000 (twenty-one thousand dollars) per acre. The property is listed on the Town's Commtmity Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Presentation Deparm~ent, Sonthold Town Hall, Feather Hill )muex, Sonthold, New York, and Illa3r be examined by any interested person dmSng business hours. COUNCILIvIAN WICKt-LAM: [ have before me certification that it has been printed in the Suffolk Times newspaper and that a letter has been posted on the Toxxm Clerk's bulletin board. Public Hearing-Dickerson property. 2 . 11/7/02 MELISSA SPIRO, LANT) PRESERVATION COORDINATOR: Hi again, I guess I don't need to introduce myself. The Dickerson farm is owned by brothers, Parker Dickerson and Chester Dickerson. It is located on Jacob's Lane, offMdm Bayview Road in Southold. Once again, I have the same aerials from 2001. I have two maps showing the property. One is an aerial map, taken in the spring of 2001, and the other is a map that shows the location of the property and other preserved lands in the vicinity of the farm. The Dickerson property is over here and shown in red on that map_ The Dickerson's have offered the development rights on approximately 10 acres of the 13.45 acre property. The development rights easement Mil be in this general area. The areas that are not included in the development rights acquisition include an existing dwelling and an area that will not exceed 2 acres on which there are existing agricultural structures. This area will have the potential for a future residential site. The rest of the land, about 10 acres, is the land on which the development rights will be acquired. The Dickerson's were before the Planning Board for a subdivision of the property into 4 or 5 lots. They recently decided to withdraw the subdivision application and to instead proceed with the set- offofthe existing d~velling and the sale of the development rights. The Planning Office, Land Preservation Committee and my office have been working closely with the Dickerson's to expedite the acquisition. The parcel is located xvithin the A-C Agricultural- Conservation Zoning District, and contains prime agricultural soils. The parcel is included on the Town's Community Preservation Plan as one that should be preserved. Mrs_ Dickerson prepared a short history of the farm, and I would like to share some of that history with you. Althou~ I have mentioned that the property is located in Southold, it is more specifically located in Bayview, which was first named Hog's Neck because the first settler's let their pigs forage un- petmed there. The Dickerson's fam~ was owned in the early 1900s by Silas Austin Horton Dayton, a descendant of Barnabas Horton, one of the first settlers. After Silas Dayton's death, lfis sister, Mary Dayton, continued to from their large parcels of land in town and on Hog's Neck. All of the parcels were farmed for Miss Dayton, and were planted with potatoes and vegetables. Around 1938, Mahlou and Lillian Bergen Dickerson moved to the Dayton property to nmnage the farm for Miss Dayton_ After her death, Mahlon and sons Chester and Parker purchased the farms, and father and sons, and later Chester and Parker farmed these pieces as partners until their retirement. All of the ofi~nal Dayton land has been sold and developed, leaving only the 13 acre home farm, the subject of tonight's acqnisfion. The acquisition price is 21,000 dollars per acre, which is approximately txvo hundred and ten thousand dollars ($210,000) for the 10 acre development rights easement. The value of the purchase is supported by an appraisal. The purchase ~vill be in accordance with Chapter 25, Agricultural Lands Preservation and Chapter 6, the Commtmity Preservation Fund. The funding for the purchase is likely to come from the 2% funding. The Land Preservation Comm/ttee is tmmtimous in recommending this development rights acquisition, as it furthers the to~m's goals of preservation of farmland and preservation of the rural character of the town. Thank-you. SUPERVISOR HORTON: Wmdd anyone care to address the Town Board on this acquisition? Mr_ and Mrs. Dickerson, could you come forward for a minute? I want to say thank-you, I really appreciate Public Heating-Dickerson proper[>~' 3 11/7/02 it and I think that you are both to be commended. Thatuk-you for holding on to the property for so long and not developing it_ For realizing its history, its prevalence to the community and then coming to the To~xm and working with us to come to something of a mutual benefit. Thank-you very much. Is there further comment on tiffs public heating? We will close this public heating. Southold Town Clerk i :i~ NoTIC~E 0FJ~UBLIC HEARING NOTICE IS HEREBY GIVEN ~ ~~ha~"~r~uah~ to the provisions of ' Chapter 25 and/or Chaptcr 6 (2% 'Community Prescrvation Fund) ot' the Town' Code, 'the Town Board of the Town of S0uthotd hereby sets . Thursday, November 7, 2002, at 7:20 p.m., Southold'!Town ,Hall~ 53095 New York as i: .the time a~d: cer-i '1 ~ as I si'de oLJag0b's.~Lanc, i ~iii'iappr0xJm'~teiy 372.21' 'north of .~hcl ~:iintC~scction: o~ Main Bayview Road i ~iand jacob,s. Lane, in.Sou~hold~ Thc, I :, ide~velopment- !~ghtS ca~scm6nt:Lcom- i:.prises aPp~°ximately 10 acres of the-' :! 13.45 acre,farm.' The exact area,of the ,i devei0pi~ent rights easement is to be ,'I! determined by a towfi prOvided 'sur- ~:i vey, acceptable to the Land !.,'Preservation Committee, prior ~to the - ?,i;:contract Closing, The purchase price . i:is $21,000 (twenty-one thousand dol- ': i"lars) per acre. Thc property: is listed ... on Town's Community STATE OF NEW YORK) )SS: CO_~UN-TY ~OF SUFF, OLK) . ,~_---,/~,,~,~t,~_~,/~_.,x'~=-'~-.~__.~_~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published 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 printed copy, has been regularly published in said Newspaper once each week for / weeks succes- sively, commencing on the ~.~'r/ day of ~' 20d2.,, ~" I~incipal Clerk Sworn to before me this / day of tk~PF~r. 20 gLAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County 20 My Commission Expires Dsc. 24, ~25024T O31' ¸be SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING 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 Town of Southold hereby sets Thursday, November 7, 2002~ at 7:20 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by Parker and Chester Diekerson. Said property is identified as SCTM #1000-88-1-10 and is located on the east side of Jacob's Lane, approximately 372.21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold. The development rights easement comprises approximately I 0 acres of the 13.45 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 $21,000 (twenty-one thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested - person during business hours. Dated: October 22, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 31, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Accounting Land Preservation Committee Department of Land Preservation Dickerson Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~$ day of (~)~ ,2002, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING FOR NOVEMBER 7, 2002, DICKERSON -- -~;li~h-beih A. Ne~-lle Southold Town Clerk Sworn before me this .~.dayof (~~ ,2002. LYNDA M. BOHN NO171J~Y FUBLIC, State of No. 01BO6020932 (~alified in Suffolk Court/_ Term Expire~ Man~ 8, 20 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS I~Lit/RIAGE OFFICER RECORDS ~LkNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town H~ll, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 682 OF 2002 WAS ADOPTED AT TgrF, REGULAR MJ~ETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: RESOLVED that pursuant to the provisions of Chapter 25 andYor Chapter 6 (2°,/0 Community Preservation Fund) of the Toxxm Code, fl~e Town Board of the Town of Southold hereby sets Thursday, November 7, 2002, at 7:20 p.m. Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of a~ricultural lands for a certain parcel of property owned by Parker and Chester Diekerson. Said property is identified as SCTM #1000-88-1-10 and is located on the east side of Jacob's Lane, approximately 372_21' north of the intersection of Main Bayview Road and Jacob's Lane, in Southold. The development rights easement comprises approximately 10 acres of the 13.45 acre farm. The exact area of the development fights easement is to be determined by a tox~m provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (tweuty-one thousand dollars) per acre. The property is listed on the Town's Conwnun/ty Preservation Project Plan as property that should be preserved due to its agricultural value. FURTH2ER NOTICE is hereby ~ven that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill _Annex, Southold, New York, and may be examined by any interested person during business Elizabeth A. Neville Southold Town Clerk