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