HomeMy WebLinkAboutDoroski ~]L][~]~TH A. NEVILLE
TOVCN
REGISTRAR OF ¥ITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fa~ (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 4, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Doroski Family Limited Partnership
c/o Steve J. Doroski, General Partner
38400 County Road 48
Southold, New York 11971
Dear Mr. Doroski:
Please be advised that the Southold Town Board adopted a resolution
at their meeting on September 26. 2000 to elect to purchase the agricultural
development rights on your property identified as SCTM #1000-069-01-009.
Please consider this your official notification of the Town's intention to
purchase the developments rights on your property. A certified copy of the
SEQR resoluti0n and the purchase resolution are enclosed for your records.
Please contact the Town Attorney's Office to discuss the steps required
to.bring this to a conclusion.
Yours very truly,
' ..~d-¥~ . ~ ~ ~-'~"-/~---~""---'"- - --.~sh to receive
U.~. Fostal ~ewlce - -~~ t~lo~ng se~,,
. · . ·
CERTIFIED MAIL RECEIPt_. ~ ~~~,~*"~
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~IITH~I D TOWN C~K __ ~ ,~thts,O-,. , ..... t~t~;aever~
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I~;u'thold. NY 11971 ~ V ~?~ oomesticRetumRe~'P(
Doroski Family Limited Partnership - Development Rights Purchase.
SCTI~ #1000--0691011009
My name is Dick Kyan I .serve as your Chairman of the Southold Town Land
Preservation Committee. I have a map here, produced by tom-staff, which outlines the
subject parcel under c6nsideration, located in the Hamlet of Southold.
The subject farm parcel, is approximately 40 acres in size. It has frontage on both the
north side of CR 48 (Middle Road) and the south side of Sound View Avenue. The farm
is splif-zoned.zoned A~r/culmral-Conservation and Residential Low Density, which
permits single, family residential ilevelopment on 2-acre plots, but which also intends to
,control development' of open lands that are agriculturally productive. The mostly Haven
'Lo~m,soil classifications'0fthis farm reflect its high agricultural productivity. Most'of the
pafceI'is currert6y'in production use for potatoes_ The owner prOpoSes to reserve about 6
~acres oi~th~ wooded ngrthe~, -most area. from the proposed Development Rights
el~sement.' , : .
This farm parcel represefits a link in a chain of agricultural land parcels along the Middle
Road that the Town and Suffolk County Farmland Preservation PrOgrams have identified
f?,r possible,purghase and preservation. This property is presently a participant- parcel Ln
the Suffolk Comaty Agricultural District #1, which assures agricultural use for a period of
years, in exchange for a reduction in real property taxes.
The preservation of this fanvJand parcel will serve to enhance efforts at consolidating
large blocks of important prbductive agricultural lands in the Town. Suffolk County now
owns Development Rights easements on about 27 contiguous acres adjacent to and east
of this farm parcel This pu~,chase will expand and assure a significant agricultural open
space vista along the northerly side of the Middle Road.
The Southold Town Planning Board has been consulted and expressed no reservation to
the proposed Purchase_
The negotiated purchase price is $12,000/acre, for the approximate 34 acres of
Development. Rights, totaling approximately $400,000. No Development Rights
value is ascribed to that portion of the proposed easement area encumbered by the
existing LII~A easement (about 1/2 acre). The market value of this proposed purchase
reflects in part. the development potential and location of this property. The value of the
proposed purchase is supported by a recent appraisal independently prepared by Given
Associates of~-Iauppauge.
A survey of the parcel is to be accomplished. The survey and purchase agreement should
be subject to adoption by the Land Preservation Committee, prior to any completion of
this purchase, shoul~t the Town Board so RESOLVE.
PUBLIC HEARING
SEPTElX~BER 26, 2000
5:02 P.M.
ON THE QUESTION OF THE ACQUISITION BY THE TOV~rN OF SOUTHOLD OF
DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF THE PROPERTY OF
DOROSKI, SCTM#1000-069-01-009
PreseB[:
Absent:
Supervisor Jean W. Cockran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Brian G. Murphy
Councilman Craig A. Richter
To~vn Clerk Ehzabeth A. Neville
Town Attorney Gregory F. Yakaboski
Councilman Jolm M. Romanelli
SUPERVISOR COCI-IR_~xr: We have a second hearing scheduled on the purchase of
development rights from Doroski, SCTM# 1000-069-01-009.
COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the proxqsion of the
Agricultural Lands Preservation I_aw of the Town of Southold, constituting Chapter 25 and/or
Chapter 6 (2% Commtmity Preservation Fund) of the Southold Tox~m Code, the Town Board of
the Toxxm of Southold will hold a public heating on the 26th day of September, 2000 at 5:02
P.M., at the Southold Tox~m Hall, 53095 Main Road, Southold, New York, on the question of the
acquisition by the Tox~m of Southold of development rights in the agricultural lands of the
property of Dorosld comprising approximately thirty four acres, at the price of $12,000.00 per
acre, SCTM #1000-069-01-009. Further Notice is hereby given that the file containing a more
detailed description of the aforementioned parcel is available in the Southold Town Clerk's
Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be exmrdned by
any interested persons during non-hal business hours. Dated: September 12, 2000. Elizabeth A.
Neville, Southold Town Clerk." There is an affidavit of publication in the Suffolk Times, an
affidavit that it was posted on the Town Clerk's Bulletin Board, and there is no correspondence
in the file.
SUPERVISOR COCI-[RAN: You have heard the reading of the Local Laxv of the purchase of
development rights on the Doroski family. Would anyone like to address the Town Board, either
pro or con? 1Mr. Chairman?
RICHARD Ry~xI: Madam Supervisor, member of the To,xm Board, thanks for the kind words,
Jean.
SUPERVISOR COCHRAN: You are welcome. You earned them.
RICI-LMRD RYAN: We have with us tonight the members of the Doroski Family Limited
Partnership, Bob Jenkins and his ~vife, Joax~, and Ted Szczotka, and his xxqfe Barbara_ This
heanng has to do with the offer of development ri~ts by the Doroski Family Limited
Partnership for the Tax Map #1000-069-01-009. My name is Dick Rymm I serve as your
Chairman of the Tox~m Land Preservation Committee, and I have asked Melissa Spiro, our Land
Preservation Coordinator if she would point to some of these things that might be highlighted
here in my presentation. This map was produced through the best efforts of our Coordinator and
the GELS, John Sep in Iris office, and it snakes a great visual, [ think, to help explain what we
have got going here. The snbject farm parcel is approximately 40 acres in size. It has fi:ontage on
both the north side of County Route 48, the Middle Road, and south side of Soundview Avenue.
The farm is split zoned, Agricultural Conservation, and Residential Low Density, which permits
shsgle family residential development on m,o acre plots, but also intends to control development
of open land, that are agriculturally productive. The mostly Haven Loam soil classification of
this fanu reflects it high agrictfltural productivity. Most of the parcel is currently in production
used for potatoes. The OW-her proposes to reserve about six acres of the wooded northernmost
area fi'om the proposed development rights easement. This farm parcel represents a link in a
chain in agricultural land parcels along the Middle Road that the To,wa and the County, Suffolk
County Farmland Preservation Programs have identified for possible purchase and preservation.
This property is presently a participant parcel in the Suffolk County Agricultural District #1,
which assures agricultural use for a period of years in exchange for a reduction in real property
taxes. The preservation of this pm~ticularly farmland parcel will serve to enhance efforts at
consolidating large blocks of important productive agricultural land in the town_ Suffolk County
noxv owns development rights easements to about 27 contiguous acres adjacent to and on the east
of this fanu. If people lmow where the Mudd Vineyard parcel that is just adjacent to this
property. The purchase will expand and assure a significant agricultural open space vista along
the northerly side of the Middle Road. The Southold Town Planning Board has been consuked
and expressed no rese~wation to the proposed purchase. The negotiated purchase price if $12,000
an acres for the approximate 34 acres of development rights totally about $400,000. No
development rights value is ascribed to that pm'don of the proposed easement area encumbered
by an existing LIPA easement, this is where the high tension transmission li~es across the town
travel, and they bisect this property. The market value of the proposed purchase reflects in part
the development potential, and the location of the proper'ry. The value cyf the proposed purchase
is supported by a recent appraisal independently prepared by Given Associates ofHauppauge. A
survey of the parcel is to be accomplished. The survey and the purchase agreement should be
subject to adoption by the Land Preservation Committee prior to any completion or this purchase
if this Town Board so resolve. The farm parcel is identified in the Town's 75% funding
reimbursement application presently before the New York State Department of Agriculture and
Markets. Because of it's agx/cultm'al value it's location on County Route 48, and its proximity to
ether existing productive farmland the property has a high ille~bility for preservation. The Land
Preservation Committee members are unanmious in recommending this development rights
purchase. The purchase will most certainly presetwe and continue a rural character element of the
Middle Road corridor in the hamlet of Southold, specifically in the Town in general. On behalf
of the Land Preservation Committee I urge the To~xm Board to accept the offer of development
rights to approxinmtely 34 acres of this farm subject to the receipt of the approved survey, and to
PH ': 3 . :
resolve to purchase the same pursuant to the provisions of either Chapter 6 of the Communits'
Preservation Fund, or Chapter 25, the Agricttltural Land Preservation Section of the Town Code,
and [o further resolve that the purchase transaction may be accomplished under the auspices of
the Suffolk CounW Green Ways Program, or the Suffolk County Partnership Program as deemed
appropriate by the St~pervisor, and further to resolve that the purchase transaction is to be
accomplished by the joint coordinator efforts of our Town Attorney and Land Preservation
Coordinator. Thartk you.
SUPERVISOR COCHRAN: Anyone else like to address the To,~m Board? Anyone like to say
anything? No? (No response.) it-not, we will close the hearing.
Southold Town Clerk
This farm parcel is identified in the Towxt's 75% funding reimbursement application,
presently before the NYS Department of Agriculture and Markets.
Because of ks agricultural value, its location on CR 48, and its proximity to other existing
productive farmlands, this property has a high eligibility for preservation. The Land
Preservation Committee members are unanimous in recommending this Development
Right purchase. The purchase will most-certainly preserve and continue a rural character-
element of the Middle Road corridor in the Hamlet of Southold, specifically and the
Town, in general.
Onbehalf~f the. Land Preseryation Committee, I urge the Town Board to accept the offer
of Development Rights to approximately 34 acres of this farm (subject to receipt
an aliproved survey), And to RESOLVE.,to purchase the same pursuant to the
provisions:of Chapter 6 (Community Preservation Fund) and/or Chapter 25
'(Agricultural Lands Preservation) of the Town Code. And further to RESOVE that
· the~purehase transaction may he accomplished under the unspiees of the
County Greenway~Program or Suffolk ~County Preservation partnership Pr6gr~m,
as deemed appropriate by the Supervisor. And further to RESOLVE that the
purchase transaction is to be accomplished by the joint and coordinated efforts of
tire:Town, ~Attorney.and the !~and Preservation Coordinator.
Th~nk,you:~
September 2000 rcr
LEGAL NOTICE
NOTICE OF PUBLIC }IEAR-
IN.G
NoTIcE' IS HEREBY GIVEN
'that- pu~-suant to the provisions of the
Agricukural Lands Preservation Law
6f the Town 0f Southold, constituting '
Chaptex 25-' and/or Chapter 6 (2%
, Pr~ese~ation- Fund) of
4,1
will
5:02- p.m-, at
53095 Main
New York, ~on the
~,.~ questi6n of the ~cquisition by 'the.'
~ Town of Southold of development-
,:: H~hts. in the agricultural lands Of the
;'c~ property of Dor~skk compromising
.... approxi~matelv fl~fiv-fou~ acres, at
~r the pficel of $12,000.01) per acre.
Il!. SC'T~Ig 1i~0-t}694}1-I)09.
,?.. FURTHER'NOTICE is
'iii'- BY GIVEN i~tat the file containing a
'~. more detailed 'description of the
.~ Mo~ementi6ned ~arcel is available in
the'So'tEPid Town Clerk's office,
iSou~hold' T6wn :' Hall; 53095 Main
5i Road, Southoid, New York ahd may
;' be examined by'ahy interestedper'
SOILS nurm~ HUH -,,
7 Dated:SePteml'-~ ~2..J,:i0 .....
Elizabeth A. Nevme
Southold Town Clerk
~i"" 1549-1TS21
STATE OF NEWYORK)
)SS:
CQUNTY OF SUFFOLK).
~-~_~ ~-~%-~v$o~J 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 NewYork, and that the
Notice of which the annexed is a printed copy, has
been regularly published in said Newspaper once
each week for i weeks successively,
commencing ~ on the c~_ t %'~ day
of =0 .
Prin~'ipal Clerk
Sworn to before me this c~if~:V
day of ~r~. 20 ~
Notary Pul~ S~ls d Ne~ YlX~.
No. 01WE60~554
~uaff~l in Sal~I[ C,0mly
C~rnmlssi0n F..~ea Oel~m~ 13~=~) [
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of the
Agricultural Lands Preservation Law of the Town of Southold,
constituting Chapter 25 and/or Chapter 6 (2% Community Preservation
Fund) of the Southold Town Code, the Town Board o1~ the Town Southold
will hold a public hearing on the 26th day of September, 2000 at 5:02
P.M., at the Southold Town Hall. 53095 Main Road, Southold, New York,
on the question of the acquisition by the Town of Southold of
development rights in the agricultural lands of the property of Doroski
:omprlsing approximately thirty four acres, at the price of $12.000.00
~er acre, SCTM# 1000-069-01-009.
FURTHER NOTICE IS HEREBY GIVEN that the file containing a
note detailed description of the aforementioned parcel is available in
the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
5outhold, New York, and may
during normal business hours.
Dated: September 12 2000.
be examined by any interested persons
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ONCE ON SEPTEMBER 21 2000, AND FORWARD ONE
(1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the fo[lowing:
The Suffolk Times
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Doroski Family
Land Preservation Committee
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 19th day of September 20§0
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. Southold Town Hall. 53095 Main Road, Southold. New York.
Public Hearing on the question of the acquistion by the Town of Southold of
development rights in the agricultural lands of the property of DOROSKI,
SCTM #1000-069-01-0009, hearing to be held at 5:02 P.M., Tuesday,
September 26, 2000.
-- /-~ Eliza[Beth A. I~ville
Southold Town Clerk
Sworn to before me this
19th day of September , 2000~.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTELLR OF VITAL STATISTICS
I~L-LR RL~LGE OFFICER
RECORDS i~LA2qAGE1MENT OFFICER
PREEDOi~I OF INFOILRL~,TION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON SEPTEMBER 12. 2000:
RESOLVED that the Town Board of the Town of Southold hereby sets 5:02
P.M.. Tuesday. September 26, 2000. Southold Town Hall, 53095 Main Road,
5outhold, New York as the time and place for a public hearing on the
question of acquisition of a certain parcel of property from Doroski for
purchase of development rights in agricultural lands under Chapter 25
and/or Chapter 6 (2% Community Preservation Fund) of the Town Code.-
Said property is identified as SCTM#1000-069-01-009, comprising
approximately 34+- acres of the 40+ acre farm at a price of $12r000.00
(twelve thousand dollars) per acre. Said property to be purchased either
outright by the Town of Southold, or acquired under the Suffolk County
Preservation Partnership Program whereby Suffolk County may appropriate
an amount equal to 50% of the total cost of acquisition; or under the
Suffolk County Greenways Program whereby Suffolk County may appropriate
an amount up to 70% of the total cost of acquisition.
eville (
Southold Town Clerk
September 12. 2000
GREGORY F. YAKABOSKI
TO~VN ATTORNEY
MARY C. WILSON
ASSIST~YNT TO'~VN ATTORNEY
JEAN W. COCHRAN
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1889
Fax (631) 765-1823
E-maih towuaftorney~.so uthold, org
APR _i 2 2001
To: Eli~beth A. Neville
Town Clerk
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
From:
Gregory F. Yakaboski, Esq.
Town Attorney
Date: April 11,2001
Re:
The Doroski Family Limited Partnership to Town of Southold
Enclosed for safe-keeping in your office, please find the following documents:
Suffolk County Clerk Records Office Recording Page
Suffolk County Recording & Endorsement Page
Original Deed of Development Rights dated February 12, 2001, between The
Doroski Family Limited Partnership and the Town of Southold recorded in the
Suffolk County Clerk's office on 2/27/01 in Liber D00012104 at Page 493.
Thank you.
Greg
/md
enc.
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: 00-28018
District:
1000
Deed Amount:
Section:
069.00
EX.~INED AND
$398,002.80
Recorded: 02/27/2001
At: 01:38:40 PM
LiBER: D00012104
PAGE: 4 93
Block: Lot:
01.00 009.001
CP~RGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt
Page/Filing $27
COE $5
EA-STATE $25
Cert.Copies $0
SCTM $0
Comm. Pres $0
00 NO Handling
00 NO EA-CTY
00 NO TP-584
00 NO RPT
00 NO Transfer tax
00 NO
Fees Paid
TRANSFER TAX NUMBER: 00-28018
THIS PAOE IS
A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
Exempt
$5.0O NO
$5.0O NO
$5.0O NO
$15.00 NO
$0.00 NO
$87.00
7
Number of pages
TORRENS
Serial #
Certificale #
Prior Cfi. #
Deed / Mortgage Instmmant
4
Deed / Mortgage Tax Stomp
FEES
Recording / Filing Stamps
e Amt.
l. Basic Tax
2. Additional Tax
P~ge/.Filing Fee ~9 ? __
Handling .~ __
TP-584
Sub Total
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavi~
Certified Copy
Reg. Copy
Other
500
Sub Total
GRAND TOTAL
Real Property Tax Service Agency Verification
Dist. Section B lock Lot
Sub Total
: Spee./Assit.
Or
, Spec./Add.
TOT. MTG. TAX
Dual Town__ Dual County __
Held for Apportionment __
Transfer Tax J
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES orNO
If NO, see appropriate tax clause on page #
of this insttmmant.
I 6 Community Preservation Fund
Consideration Amount $ ~,~; OOot. ~:~
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
CPF Tax Due
Improved
Vacant Land /
TD
TD
ts I Title Company Information
itle ¢ ~ 3 ~ ~ ·
Suffolk County Reco:r ng & Endorsement Page
made by:
TNs page forms part of the attached
(SPECIFY TYPE OF INSTRUMENT )
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the rovmship of ~'"~O (L-¢~/~J
In the VILLAGE
or HAMLET of ~'005-¢/-~ ~_J
BOXES 5 THRU 9 MUST BE TSTED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this 12th day of February, 2001 BETWEEN
Doroski Family Limited Partnership, residing at 38400 County Road 48,
$outhold, N.Y. 11971, party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part;
WITI'NESSETH, that the party of the first part, in consideration of
$398,002.80 dollars lawful money of the United States and other good and
valuable consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest ar'~d right, as authorized b~section
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises and any
structures thereon for any purpose other than agricultural production, to the
property described as follows:
ALL that Certain plot, p~ece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
ALL that certain plot, piece or parcel of lend, sit,ate', lying and- being near the Village 'of Snuthold, ~own
":'Sputi'ipld, Couqt~ af. Suffol~ and. State 0f New. Y~¢E, b0u~ded and'de~r~.'~'~l~o~: .~ .. ' ". :.. ' .
'. BEGiNNIng at a point the following~ (2) ~U~ a~d d[stan~s from the~er-~rmed.:by the interse~lon
' · - 6f..the ~u~easte~ly ~lde'of ~ound.Vl~w Av~nue. w~ .the.~ou~we~erly side'of H0p~.~ne;. · .' '
· '~3. Was~rly alan.the SouEh~y side o~.s0ubd ~leW;Av~be [~0 fe~'to 'aR .lron'-~p~pe set on .the '
' ' · ~o'~h~ ~ d~'o~soU'~'.V ~ Avenu~ and' ahd~' ~bw or~f~edy ~GO z~ ' ." ·
".' '..2).. "THen~alo~g;~id,l~ m~nt~o~edl~ds.:~'3~'-~egre~sS minutes.40'~bnds ~st 28~.20 ~et to' '...
.... '..'". .'amonomeht-a~¥h~'ffuepoint~orpac~of~eginklng~'". '.'..:' ..'. '. '- . '. · · ' ' ·
..:' . ' .'~ ....'. :.-'..'.' ': L.:..:'.'.,'.'. .".-..[ ~ .-~..;'." '...:. . .. ;.. :. " '.. . .. '-. .
·: "' Runnlng;~ence~o~ ~ald ~e point ofb~ginn[n~.S6u~h 39 ~es;58 'mlnates'60 ~n~ Ea~ and a ong. :,
-. · · . lands now.oq~e~'o~ Golz, a~ along lends now. oP ~erly of B~CE and'~ce,~nd:lands'now or form~ly
'. · · .of Tabor; anti,ands now or.fo~erly Hudd, 122~.~4 ~et; ' _ . . .:: ' :' ': -" ' ':. ' .....
· .. ..Thence ~11.~[o~ lan~ nowor.,~edy-of Nude, .South 40 d~s 10 m nutes 30'secends .East 769 93 feet '- .
~.' . ~o'a mohu~en~'set'~t~e no~h~st6Hy~de.of'Nb~h;~aa, {C.-'R. 48); ·
'Thence' airing ~e no~hw~erly.sid~of. No~h ~aB~.~C:.R."~ Sou~h S4 degrees 2~.minutes 30 seconds'
' · 7~9:82 ~e~t to a mohum~t an'd a~ds now or'~m~y ~f Zebms~, 3r.;
'Thence along ~id ~ast'men~oned lands and alo~ lands nbw.or ~rmedy ~ Adamis North 42 degree [7.
minu~es SO .s~Onds~We~ L830,37. ~et;
Then~ along land now' oP formerly of ~amis, ~o~h .~ degrees 2~ minutes 23 'secodns'W~ ~7.3 ~ feet ~ ....
lend now o~er[y of~hmanh;' . . , . · ' "
' ' Thence pauly ~[ong ~a[d :las{ menflpn~ ia~ds N~ O[ deg~ 30 minutes 30 ~conds'west 70 .feet tea
mo~u~ht~ I. :
~ce No~h So degrees Oz'minut~ 20 semnd~ East.T50.O5 to.:a mooument and the trna point.or place'of
6EGIN~N~, · .. ~ '
2
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are conce'rned.
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, its successors and assigns,
forever;
AND the party of the first part covenants that the party of the first part has
not done or suffered anything whereby the said premises have been
encumbered in any way whatever, except as aforesaid. The party of the first
part, as a covenant running with the tand in perpetuity, further covenailts and
agrees for the party of the first part, and the heirs, legal representatives,
successors and assigns of the party of the first par[, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production.
AND The party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, successors and assigns of the party of the first part,
3
that the parcels of real property described herein are open agricultural lands
actually used in bona fide agricultural production as defined in GML section 247
and shall remain open lands actually used in bona fide agricultural production.
This covenant shall run with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
THE party of the first part and the party of the second part do hereby
convenant and agree in perpetuity that either of them oi" their respective heirs,
successors, legal representatives or assigns, shall only use the premises on and
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title may not be subdivided into
plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of
the Town Law and Section 335 of the Real Property Law, or any of such sections
of the Town or Real Property Law or any laws replecing or in furtherance of
them. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. This covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
4
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the.premises, nor allow
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining site conditions and for inspection of the premises for compliance
with this agreement. This covenant shall run with the land in perpetuity.
THE party of the first part, its heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it shall indemnify
and hold party of the second part and any of its officers, agents, employees, and,
their respective successors and assigns, harmless from and against any and all
damagss, claims, losses, liabilities and expenses, including, without limitation,
responsibility for legal, consulting, engineering and other costs and expenses
which may arise out of (1) any inaccuracy or misrepresentation in any
representation or warranty made by seller in this agreement; (2) the breach or
non-performance of any convenants required by this agreement to be
performed by the party of the first part, either prior to or subsequent to the
closing of title herein; or (3) any action, suit, claim, or proceeding seeking money
damages, injunctive relief, remedial action, or other remedy by reason of a
violation or non-compliance with any environmental law; or the disposal,
5
discharge or release of solid wastes, pollutants or hazardous substances; or
exposure to any chemical substances, noises or vibrations to the extent they
arise from the ownership, operation, and/or condition of the premises prior to or
subsequent to the execution of the deed of Development Rights. This covenant
shall run with the land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereaffei' be alienated, except upon the affirmative vote of
a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a propositiori submitted at a special or biennial
town election. No subsequent amendment of the provisions of this subsection
shall alter the limitations imposed upon the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run
with the land in perpetuity.
Property is being transferred in the usual course of business of the party
of the first part.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller:
Dorc~.~.ki Family Limited Partnership
Purchaser:
Town of Southold
By: ~..~.~
Jean W. Cochran, Supervisor
6
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)ss:
On the 12th day of February, 2001, before me personally appeared
STEVEN J. DOROSKI, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity
as/~4,~,~ /J~,~g~p_ of the DOROSKI FAMILY LIMITED PARTNERSHIP,
and tha¢l~' his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
Notary Pu bliP/' ~) ""
KAREN J. HAGEN
NOTARY PUBLIC, State__o_f_New York
No. 02HA4927uzu
Commission p..xpires ~ ~ , -
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the 12th day of February, 2001, before me personally appeared JEAN
W. COCHRAN, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity
as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the
instrument, the individual, or the municipal corporation upon behalf of which the
individual acted, executed the instrument.
KAREN J. HAGEN
NOTARY PUBLIC, State of New York
Ne. 02HA4927029
Qualified in Suffolk County ~
Commission Expires March 21.20
12.
3:4E.oP1
NO. 4~8 ·
FileNe,: R, HSO003326
SCHEDULE A - DE'SCRIPTTON
.P.2/3
ALL tha~ Certain' plot, piece or parco[of lend, slbJa~e, lying and being near the Village of Sauthold, Town of
· S~uthold~ County of Suffolk and S~ate df'New York, bounded and described es follows:
I~EGXNNING at a point the following two C2) courses and distances from the.corner rennet1 by the. intersection
of the southeasterly side of Sound View. Avenue with the southwesterly side of Hope
~.), Westerly along the so,,theaSterl~(.slde of Sound. View' Avenue 150 'feet to en .iron pipe set on the
southeasterlY side of Sound View Avenue and lands now or formerly of GoIZ; '
2). Thence 'albng said last.~me~tioned-iands So[Jth.39 degre.~ 5~ minhtes 40 seconds East 286.20' feet to
a monUment.and the tr~Po[nt: or plaCe of begin, hind;
Running ti1once f~om said t~u'e~oint of beginning South 39. degrees .58 minuto~ 40 Seconds East and along
lands now or f~rmerly of Golz,!and along lands 'nbw dr ~Ormerly of Brock and Luce~ and lands now or formerly
of T~bor,'and 'lands now or formerly Nudd,. 1226~:[4 feet~
ThenCe Still along:lands now~o~..[o~rherly of Mudd., $ou~ 40 degrees ~.0 minu~es 30 seconds East 769.93 feet
to a monument;set In the northwesterly side of North Road~ (C. R. 48);
Thence 'along the norl:hwes~;~i~ ~:ide of North Road,' (~ R.._47) So.u?. g,4 degrees 25 minutes 3n seconds West;
7~9 87- feet to a ~onument ar~d~lands now or ~orme~ly o~/.eDroSKI~ Jr,, '
Thence along said lam menfie~ed~lands and along lands now or formerly of Adamis North 42 degrees
minutes 50 secedds West 1830:37 feet;
Thence along land now or formerlV of Adamis, Nor[h 44 degrees 25 'minutes 23 secodns West 57.33. feet to
land new or formerly of Lehhlann;
Thence party along said .last. mentioned lands North 01 degrees 30 minu~es 30 seconds West 70.fee~ to a
monument;
Thence North 50 degreeS 01 minutes 20 seconds. East 750,0; to a monument end the true point or place of
BEGINNING.
Fee Policy Inserl:
GREGORY F~ Y_4JiABOSKI
TOWN ATTORNEY
KATItLEEN MURRAy
ASSISTANT TOWN ATTORNEY
JOSHUA Y. HORTON
Superx'isor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
e-mail:
gr eg.yakabos -!d,~ t o wn.sout hold.ny.us
katlfleen.murray@t oxxm.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TO~VN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From:
Date:
Re:
Gregory F. Yakaboski, Esq.
Town Attorney
September 16, 2002
DOROSKI FAMILY LIMITED PARTNERSHIP to TOWN OF SOUTHOLD
SCTM #1000-69-1-9.1
Development Rights Purchase
Betty:
Enclosed for safekeeping in your office, please find the following document in relation to
the above closing that was held on February 12, 2001:
· Original Title Insurance Policy #RH80003326 issued by Commonwealth Title
Insurance Company in the amount of $398,002.80
Please keep this along with the original recorded deed that was forwarded to you on.
April 11,2001.
Thank you.
Greg
/md
enc.
cc: Melissa Spiro, Land Preservation Coordinator w/enc.
Commonwealth
O.w~m~'s POLICY OF TrrL~ I~SUp~NCE
SUBJECT TO THE EXCLUSIONS.FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCFLEDUI_E B AND
THE CONDITIONS AND STIPULATIONS, COMMONX~'EALTH LAND TITLE [NSUR.~XrCE COMPANY, a Pennsylvania corporation, herein
called the Company. insures, as of Date of'Policy dhown in Schedule A, against loss or dmnage, not exceedi~ the Amount of Insurance stared
in Schedule A, sustained or incurred by the insured by reason of:
1. Tifie to the e~ar~e or interest described in Schedule A being vested other than.as ~tated therein;
2. Any defect in or lien or encumbrance on the tide;
3. Unmarketability of the dtle;
4. Lack of a r~ght of access to and fi.om *he land.
Ti~e'Compahy wf[l also pay the costs, aXrorneys' fee~ and e~penses incurred in defense of the title, as in,uteri, bur only to the extent provided.
in thc Conditions and StipuLations.
IN WITNESS V~h'EREO[r, CO~[IMON~,VEALTH LAND TITLE INSURANCE COMPANY has caused it) corporate name and seal to be
hereunto, affixed byirs duly ax~thorlaed officers, the Polic) to become valid when countersigned bi' an authorized officer or agent of the Company.
Secretory
COMMON~VEALTH LAND 'HTLE INSURANCE COMPANY
By:
EXCLUSIONS FROM COVERAGE
The following matters are exnpressly excluded from the coverage of th~ policy and the Company wllI not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. la) Any law, ordimmce or governmemal regulation (including but not limited to building and zoning la~vs, 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 any improve-
merit nme or hereafter erected on the land; (iii) a separation in o~,mership or a change in the dimensions or area of the land or ajay parcel of
wMch the land is or was a parr; or (ix,) emironmental protection, or the affect of an)' violation of these laws, ordinances or governmental regala-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, Lien or encumbrance resulting from a xiulafion or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
lb) Any governmental police power not excluded by la) above, except to the e.~rent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulling from a violation or alleged violation alfecfing ~he land has been recorded in the public records at Dat¢ of Policy.
2. R[ghfs of eminent domain mi/ess notice of the exercise thereof has been recorded in the public records ar Date of Policy, bur not excinding
from coverage an), tak/ng wh/ch has occurred prior to Date of Policy x~hich woald be binding on the rights of a purchaser for value without
knowledge.
3. Defers, liens, encumbrances, adverse claims or other matters:
la) created, suffered, assumed or agreed to b)' the insured claimant;
lb) no[ kno~)n to the Company, not recorded in the public records at Date of Policy, but knox~-n to the insured claimant and nor disclosed
in x, riting to the Compan) by thc insured claimant prior to the date the insured claimant became an insured under this policy;
lc) resulting [n no loss or damage to the insured claimant;
(d} attaching or created subsequent to Dm.e of po[icy; or
(e) resulting in toss or damage wliich would not have been sustained if the insured chlimant had paid value for the estate or interest insured
by his po icy. ~
4. An) claim, whicli arises out of thc transaction vestlilg in the Insured the e~ate or interest insured by this policy, by reason of the operation
of federal bank~upmy, state insolvency, or similar creditors' rights laws. that is based on:
la) the transaction creating the estate or ~nrerest insured by th s policy being deemed a fraudulent conveyance or fraudalenr transfer; or
lb) the tran~actinn creadng the estate or nteresx nsured by tkis po[ic) be ng deemed a preferential transfer except wliere the preferent al transfer
resuhs from the failure:
Ii) to timely record the in~rumenr of transfer: or
(ii) of such recordation to impart notice to a purchaser for xalue or a judgment or lien creditor.
Valid Only If Scliedules A and B and Cover .~re Attached
NM 1 PA10
ALTA Owner's Policy (10-17-92)
Form 1190-1 Face Page
ORIGINAL
Commonwealth
SCHEDULE A
FUe No.: RH80003326
Amount of Tnsurance: $398,002.80
Date of Policy: February 12, 2001
1. Name of Znsured:
Policy No.: RH80003326
TOWN OF SOUTHOLD, a municipal corporation
The estate or interest in the land which is covered by this policy is:
Fee
Title to the estate or interest in the land is vested in:
TOWN OF SOUTHOLD, a municipal corporation
By deed made by DOROSK! FAMZLY LZMZTED PARTNERSHZP to the INSURED dated February 12,
200:1. 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.
Countersigned:
Authorized Officer or Agent
Fee Policy Insert
FEB. 12.2001w 3:4~PF~..
SCHEDULE B
HO. 4~8
Fil~,.No,: RH80003325
EXceptions from Coverage·
P.3/3
does not insure against loss or'damage(and the ~ompany will not pay coster attorneYs'
· This policy , '- ..... b- reaso, of'the following: ' · ' ' ".
fees or e~pen~S) wnicn, sr&s~ v .. .
Two (2) "ffil easement talc ng areas", as set fo~ch in the deed recorded ubm~/Re~l ~:~97~ page 458.
(Appears'to affect county, road 4~ as widened).
· · · ' . = · ' 'a~sd 9/21/2000, revised 9/2~/2000 shows,cultivated
G=t~ ~ d ass field and 5O,'Tooc w,u= ~ .... : .' · . · · ·
~ - '. c~m anles ~ maln~ln'and/°r ~ocate Ov. erhea~
' -' = ,-~ .... ~ ~= i~h~ of the appmprmta u~ll~ P~ -~-,;-= as shown on the .su~ey. read
Wires and 'Ne~l Towe~s and the n=,.-- of .
hemin.
Fee policy Insert' .
ALL that certain plot,, piece or parce~ of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
.~ . .ALL that qertain' plot,' place or p,irceI: of land~ slt~ate,'ly~ng, al~d-being near the 'Village ,o.f Southold, Town of'
'-. .'Sou~old,-CounW ofSuffolk:and-StateofJ~ew¥~rk, bounded'and'descrlbed.'asfellowg,'" ...' :." ".. .'
' · ). - Westerly.alang the ~u~eas~dy side O~U~d ~w'.Av~ue i50 ~ ~o 'aq ~n pipe set.an ~e · . · .
.'.....~:~andsn~w:~r~er~G~z~a~a~n~.~nds~w:~r.~rmer~.~f~B~c~and~/and~ands.n~w~r~rmer~ . . ..
~ .' :: ~ence'~ll a~0ng, lends, n'~w °~'f°rmerly-~Huu~; '~outh 40 degrees 1om nat~.30 Sec0~'ds'East 769;93 fee~ · ': ."
· " * · 'Thence dl~ng ~id .laSt reasoned lends and dl~g Jand~'n~w.or ~eHy of Adam s North ~2 degrees 17'
. minutes 50.se~ds West 1830 37 ~et;' ,* · · · . · * ·
Then~ a ong land now' or,~er y ~ Adam~, ~o~h 44 degrees'25 m nut~ 23 se~dns W~ S7 31 ~et ~
' · *Thence pauly a ong sa ~.: a~ m~n~loned lands N~h 01 d~r~s 30 minutes 30 ~nds'west 70 .feet ~ a
2
Commonwealth
File No.: RH80003326
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLTCy)
A'I-rACHED TO AND MADE A PART OF POLZCY NO. RH80003326
* 'rSSUED BY
COMF,1ONWEALTH LAND TTTLE ZNSURANCE COPlPANY
The following is added to the insuring provisions on the face page of this policy:
'rs. Any statutory lien for services~ labor or materials furnished prior to the date hereof, and which
has now gained or which may hereafter gain priority over the estate or interest of lhe insured
as shown in Schedule A of this policy."
The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) Tf the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or encumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy 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: February 12, 2001
Issued at:
Commonwealth Land Title Tnsurance Company
177 Old Country Road, PO Box 419
Riverhead, NY 11901
Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92)
TQ10037NY (07/00)
. · , . CONDITIONS .M'qD STIPULATIONS
7. DETERMINATION, EXTENT OF LIABIUTY AND COINSURANCE.
This policy is a contract of indemnity against actual monetapa' loss or
damage sustained or inctu'red b3 the insured claimant who has suflhred loss
or damage b3 reason of matters insured against by this policy and only lo
the e~tent herein described,
fa) The liability of the Company under this policy shall not exceed the
least of:
(il the Amount of Insurance stated in Schedule A4 or,
(ii) the difference between the vMue of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect.
lien or encumbrance insured against hy this poiieyc
. (by In the even£ the Azrtonnt of Insurance stated in Schedule A at the
Date of Policy is less r~-mn gO percent of the value of the insured estate or
interest or the full consideration paid for file land. whichever is less, or if
subsequent to the Date of Pohe} an improvement is erected on the Iand
~hich increases the value of the ir~ured estate or intercept by' ar least 20
percent oter file atmount of Insurance stated in Schedule A. then thi~
Policy is subject to thc following:
(~) where no subsequent [mprovement has been made. as to any partial
loss- the Company shall only pa)' the loss pro rata in the proportion that
the amount of insuranc~ at Date of Policy bears to the totM valu6 of the
in~q~zed estate or i~tereit at Da~e of Policy: or
(ii) where a subsequent im~rovemem has been made. as to any' partiM
loss. file Company sha~ Duly pay' the loss pro rata in [he proportion that
I20 percent of the _~0unI Sf Tnsurance stated in Schedule A bears to the
<m of the Amount of ~ura~ce ~ated in Schedule A and the amount
erpended for the irnproveme~.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company, [s liable under this policy, and shall
cub apply to ~at portion of ~ny loss which o. ceeds, in the aggregate, 10
percent of the .Mmount of Insurance stared in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a sin~e, slie, and a loss is established affecting one or
more of thc parcels but not all, the loss shall be computed and settled on a
pro ram basis ~s if the arnotint of insurance under this policy x~as divided
pro rata as to the value on ]2)o~te of Po!icy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy.
unless a liability or vahie ha~ o~erwise been agreed upon as to each parcel
by the Company and [he insured at file l~te o{' the i=suance of this police
and shown b) an express statemen~ or by an endorsement attached to this
pohey.
9. LIMITATION OF LIABILITY.
tn) If the Company estabhshes the title, or removes the alleged defec~
lien or encumbrance, or cares the lack of a right of access to or from the
land. or cu~es the claim of mamarketabflity of title, ali as insured, in a
reasonably diligent manner by any mefllod, including litigation and the
completion of any appeals therefrom, it shall have ftdly performed its
obligations with respect to that matter and shall not be liable For an3 loss
or damage caused thereby.
(bi In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company, shall have no liability, for
Ioss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals [herefrom. ad~erse to
the title as insured,
(c) The Company shMl not be liable for loss or damage to any insured
for liability' voluntarily assumed by the insured in settling any claim or suit
without the pdor written consent of the Company.
10.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
Ali payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11.LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
~hall be reduced by any amount the Company may pay trader any policy
insuring a mortgage to x~ h/ch exception is taken in Schedule B or to which
the insured has a~eed, assumed, or taken subject, or whirs is hereafter
executed by mt insured and which i~ a charge or lien on the e~tate or interest
described m' referred to in Sclsedule A, and the amount so paid slsall he
deemed a payment under this policy' to the Lnsmed owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made wtihout pro~lucing this policy for endorsement
o [ the payment unless the policy has been lost or destroyed, in which case proc f
of loss or destruction shall he furnished to the aatigfaction of the Company.
NM ~ PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Cover Page ORIGINAL
(by Whmq liability and file extent of loss or damage has been deffnitel3
Frted in accordance with these Conditions and Stipulation.s, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(ay The Company's Right of Subrogation.
Whenever thc Company shall have settled and paid a claim under this
policy, all tight of subrogation shall vest in file Company unaffected by
any act of file insured claimanL
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would here had against an3 person or
property in respect to the claim had this policy not been issued. If
requested by file Company, the insured claimant shall transfer to file
Company all rights and remedies against an5.' person or property necessary
in order to perfect this right of subrogation. The insured claimanl shall
perm/t Ihe Company to ~me. compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in an3
transaction or litigation involwng these rights or remedie~.
If a payment on account of a claim does not fully cover the loss of the
Lr~mred claimant, the Company shall be subroga~d to these rights and
remedies in the proportion which the Company's payment bears to file
whole amount of the loss.
If loss should resuh from any act of the immred claimant, as stated
above, that act shall nol void thi~ policy, but the Corrrpany, in that evem_
shall be required to pay only that part of any tosses insured against by this
policy which shall exceed the amount, if any, lost to the Company b3
reason of the impairment by the insttred clalnmnt ct' the Company's fight
of subrogation.
lb) The Company's Rights Against Non-hisured Obligors.
The Company's right of subrogation against non-insured obbgors shall
exist and shall include, v, lihout limitation, the rights of the irmured rD
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation tights by reason of this pobey.
14. ARBITRATION
Unless prohibited by applicable lay,. either the Compan_~ or the insured
may demand arbitration pursuant to the Tire Insurance Arbitration Rules
of ~he American Arbitration Association. Arbitrable matters ma3 include,
but are not l/m/ted to, any controxersy or claim between the Company and
the insured arising out of or relating to this police, 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 St000,000 or less shall be arbitrated at file option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of SI,000,000 shall be arbitrated only when agreed to
by both the Compan3 and the insured. Arbitration pursuant rD this policy
and under the Rule> in effect on the date the demand for arbitration is
made or. at the option of the insured, the Rules in effect at Date of Poll%
shall be binding upon the parties. The av, ard may include attorneys' fees
cdt5 if the laws of the state in which the land is ideated permit a cottrt to
award attorneys fees to a prevailing party. Judgment upon the award
rendered by the Athitratorls) may be entered in any court having
jurisdiction thereoL
The law of the situs of the [and shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rnles may be obtained from the Company upon reque.t.
15. LIABlUTY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(ay This policy together with all endorsements, if any'. attached hereto
by the Company is the entire police and contract between the insured and
the Company. In interpreting any provision of [his poll%, this policy shall
he construed as a whdie.
(by Any claim of loss or damage, whether or not bmsed on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by an3 action asserting such claim. 5hall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endor.ed hereon or attached hereto signed by either the
pres/dent, a Vice President. the Secretary.. an Assistant Secretary. or
validating officer or authorized .4gnator3 of the Company.
16. SEVERABILITY.
In the event any prox4sJon of ~he policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that pro,i-
'sion and all other provisions shall remain in furl force and effect.
17. NOTICES, WHERE SENT,
_All notices reqa/red rD be given the Compemy mad any statement in ~wding requked
to be furdshed die Compau3 ~hall hiclude the number of this policy and shall be
addressed to COMMONWEALTH L A_NT) TITLE INSU1LANCE C OMPAN~', 101
Gare~ ay Centre p ar kwcay, Gateway One. PdcNmo nd, Virginia 23235-5193.
Valid On[5 If Face Page, Schedules A and B Are Attaches