HomeMy WebLinkAboutGoerler, Ann Marie ?F JOSI-~UA Y. RORTON
GREGORY F. YAKABOSKI ~%~ ' .
Supervisor
TO~,VN ATTORNEY Town Hall, 53095 Route 25
~ ~ ~ P,O. Boxl179
~EEN M~Y ~ ~ ~ ~ ~ 2J Southold, New York 11971-0959
ASSIST~ TO'~ ATTO~Y ~~~/? TelephonOe_mMl:($3l) 7flS-
~eg.y~abos~,~town.southold.ny.us
ka~een.~ay~mx~ southold.w.us
OFFICE O~ THE TO$~ ATTORNEY
TOWN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: September 18, 2002
Re: ANNE MARIE GOERLER REVOCABLE LIVING TRUST to TOWN OF
SOUTHOLD
SCTM #1000-96-2-11
Development Rights Purchase
Betty:
Enclosed for safekeepin'g in your office, please find the following document in relation to
the above closing that was held on March 5, 2001:
· Original Title insurance Policy #RH80002739 issued by Commonwealth Title
Insurance Company in the amount of $655,980.00
· Copy of Subordination Agreement recording in the Suffolk County Clerk's Office on
March 22, 2001, in Liber 19841 Page 843 together with transmittal letter of Peter S.
Danowski, Jr., Esq. dated May 8, 2001.
Please keep this along with the original recorded deed that was forwarded to you on
May 7, 2001.
Thank you.
Greg
/md
encs.
cc: Melissa Spiro, Land Preservation Coordinator w/enc.
ISSUED BY
COMMON%VEALTH LAND TITLE INSHRANGE COMP.M'gY OWNERIS POLICY OF TITLE INSURANCE
Commonwealth
SUBJECT TO THE EXCLUSIONS FROM COVEIC~GE, THE EXCEPTIONS FROM COVER&GE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONV~LTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
ca;led the Company, insures, as of Date of Pohcy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
.' 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; ·
2. Any defect in or lien or encumbrance on the rifle;
3. Unmarketability of the title;
4. Lack of a right of acce~ to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as in~ured, bur only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND tITLE INSURANCE COMPANY has caused it~ corporate name mad seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMON~VEALTIt LAND TITLE INSURANCE COMPANY
SecretaD President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of thi~ policy and the Company will not pay loss or damage, costs, attorneys'
fee~ or expense~ which arise by reason of:
1. (a) Any law, orchnance or governmental regulation (including but not limited to building and zomng laws, ordinances, or reguNrions) restricting.
regulating, prohibiting or relating to (i) the occupancy, use, or enjo}nnent of the land; (ii) the character, dimensions or local;on of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimension~ or area of the land or any parcel of
which the land is or wins a part; or (iv) environmental protection, or the affect of any vid;at;on of theae laws, ordinance~ or governmental regula-
tions, except to the extent that a notice of the enforcemem thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Po[icy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a xSolarion or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof haa been recorded in the public records at Dale of Policy, bur not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the righta of a purchaser for value without
knowledge.
3. Defects. liens, encmnbrmnces, adverse claims or other martera:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company. not recorded in the public records at Date of Pdiicy. but known to the insured claimant and not disclosed
in wriflng to the Company by the insured claimant pr[or to the date the insured claimant became an in~ured under this policy;
{c) resulting in no ,loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or dm-huge which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this poi;cT.
4. Any ¢lahn, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation .
of federal bankruptcy. ~tate insolvency, or similar creditors' rights 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
(b) the transaction creating the e=tate or interest insured by this policy being deemed a preferential transfer except where the preferential frans fer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation ro impart notice to a purchaser for value or a judgment or lien creditor.
I~orm 1190-1 Face Page
ORIGINAL
File No.: RH80002739
SCHEDULE A
Commonwealth
Amount of Tnsurance: $655,980.00 Policy No.: RH80002739
Date of Po]icy: March 5, 2001
1. Name of/nsured:
THE TOWN OF 5OIJTHOLD
2. The estate or interest in the land which is covered by this policy is:
Development Rights
3. Title to the estate or interest in the land is vested in:
THE TOWN OF $OUTHOLD
By deed made by THE ANN MAR/E GOERLER REVOCABLE LZVZNG TRUST to the TNSURED dated
March 5, 2001 and to be recorded in the Office of the Clerk/Register of SUFFOLK County.
4. The land referred to in this policy is described on the annexed Schedule A - Description.
Countersigned:
Authorized Officer or Agent
Fee Policy Insert
I~RR. 5.~001 ~0:49F1~
File NQ,i' RHEQOQ 2739
SCHEDULE B
Exceptions from Coverage
This pali~y d(~es not Insure against loss or damage Cand the Company will n~t pay costs, attorneys'
fees or expenses) which ar'~e by reason of the follawing:
$, Rights of tenants ar persons In possession.
2. Terms, Covenants, Co,dj[ions and Previsions of Development Rights contained in the deed to be
recorded from the Certified Owners herein to the Tawn of Sou[hold.
R.O;W, recorded in Uber 67S3 page 245.
4. R.O.W. recorded in Uber 2554 page 370,
Terminated by Agreement recorded in Libor./-/-966 page 683.
Amended R.O.W, Agreement recorded in Libor/-/-966 page 683.
S. Agricultural Commitment recorded in Uber 86:33 page 368 [affects part sf Tax Lot 004.00/,].
6. Agricultural Commitment recorded In Libor 9;~63 page 582; Libor gaT/, page 27g~ ~Jber 9794 page
554; Libor/--0042. page 2[0 and Libor/-0292 page 469 [affects Tax Lot 004.00[].
7, Agricultural Commitment recorded in Libor 9365 page S84} Libor 957/- page :2.8/-; Libor 9794 page
548; Uber [0047. page 2/-4 and Libor/--0292 page 472 [affects Tax Lot 005.000].
8, AgricuEural Commitment recorded in Uber 9:363 page 580; Libor 957/- page 277; Libor 9794 page
552} Libor/-0042. page ~./,2 and Libor/-0292 page 450 [affects Tax Lot
g. Unpaid water charges to date, if any.
[0, 2nd half 2000/0[ town and school taxes.
The tax search herein shows a partial ar futl exemption from taxation. The exemption from taxation
will terminate immediately upon the transfer of Utte to the insured. Policy excepts the lien of restored
texes~ plus penalty and interest, ~ any.
Survey made by Peconic Surveyors, P.C. (est revised September/-~, 2000 shows:
PARCEL ! - improved with vineyards, pes:ures, omhard fields and cultivated fields, (a) pole barn
situated thereon. No encroachments shown.
PARCEL 1! - Improved with vineyards~ (~.) edges of woods stmdd[e northeasterly line. No other
variations shown,
PARCEL ~[~ - improved with vineyards and cultivated fields, (~) woads area straddles northwesterly
portion of premises, (2) variations in courses and distances along northeast and southwest lines
between deed and actual. No other variations shown,
Fee Policy Insert
File No.: R~180002739
SCHEDULE A - DESCRTPTTON
AMENDED 10/18/2000
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold,
County of Suffolk and State of New York, being bounded and described as follows:
PARCEL I:
BEGTNN?NG at a point marking the intersection of the westerly line of Cox's Lane and the southerly line of the
[and of The Long Tsland Rail Road;
RUNNING THENCE along said westerly line of Cox's Lane the following two (2) courses and distances:
:~. south 44 degrees 26 minutes 20 seconds East, 304.16 feet; and
2. south 44 degrees 21 minutes 30 seconds East, 35:1.90 feet to other land of the party of the first part;
THENCE south 50 degrees 54 minutes 20 seconds west, 35:1.02 feet;
THENCE south 44 degrees 2:1 minutes 30 seconds east, 237.74 feet;
THENCE north 48 degrees 00 minutes 40 seconds east, :139.74 feet;
THENCE south 38 degrees 43 minutes 00 seconds east, 404.48 feet to land now or formerly of G[over;
RUNNTNG THENCE along said land now or formerly of G[over, south 48 degrees 23 minutes :10 seconds west,
344.40 feet to land of Imbriano;
RUNNING THENCE along said land of Imbriano, the following two [2] courses and distances:
1. north 45 degrees 0:1 seconds :10 minutes west, :133.64 feet; and
2. south 47 degrees :13 minutes 10 seconds west, 394.22 feet to land now or formerly of George and John
Stark;
RUNNING THENCE along said land the following two [2] courses and distances:
:1. north 44 degrees 44 minutes 00 seconds west, 695.93 feet; and
2. south 52 degrees 56 minutes 50 seconds west, 63:1.36 feet to land now or formerly of Scott;
RUNNING THENCE along said land now or formerly of Scott, north 43 degrees :17 minutes 50 seconds west,
739.94 feet to land of The Long Ysland Railroad;
RUNNTNG THENCE along said land of The Long Island Railroad, the following two [2]] courses and distances:
1. north 59 degrees 49 seconds 30 seconds east, 1,032.59 feet; and
2. north 59 degrees 56 minutes 00 seconds east, 624.:16 feet to the point or place of I~EGINNING.
Fee Policy Insert
Policy/File No: 8000:~739 ·
PARCEL II:
BEGINNING at a point marking the intersection of the easterly line of Cox's Lane and the southerly line of land
of The Long Island Railroad, from said of beginning;
RUNNING THENCE along land of The Long Island Railroacl north 59 degrees 51 minutes 10 seconds east
341.41 feet to land of Palmer Vines LLC;
RUNNING THENCE along said land of Palmer Vines LLC, the following three [3] courses and distances:
1. south 47 degrees 22 minutes 00 seconds east, 609.69 feet;
2. south 38 degrees 22 minutes 20 seconds west, 28.30 feet;
3, south 44 degrees 21 minutes 50 seconds east, 759.41 feet to land now or formerly of Clover;
THENCE south 49 degrees 18 seconds 30 seconds west along said land now or formerly of Clover, 335.18 feet
to the easterly line of Cox's Lane;
RUNNING THENCE along the easterly line of Cox's Lane, the following two [2] courses and distances:
1. nod~h 44 degrees 21 minutes 40 seconds west, 1,141.72 feet; and
2. north 44 degrees 26 minutes 20 seconds west, 292.50 feet to the point or place of BEGINNING.
PARCEL III:
BEGINNING at a point marking the intersection of the westerly line of Cox's Lane and the northerly line of land
of The Long Island Railroad, from said point of beginning;
RUNNING THENCE along said northerly line of land of The Long Island Railroad, south 59 degrees 50 minutes
50 seconds west, 625.:17 feet to land of Pietrewicz;
RUNNING THENCE along said land of Pietrewicz, north 44 degrees 28 minutes 20 seconds west, 562.:18 feet to
other Iand of Pietrewicz;
RUNNING THENCE along said other land of Pietrewicz, north 42 degrees 15 minutes 20 seconds east, 6:16.16
feet to the westerly line of Cox's Lane;
RUNNING THENCE along the westerly line of Cox's Lane, south 43 degrees 45 minutes 20 seconds east,
752.03 feet to the point or place of BEGINNING.
ALTA Owner's Policy Date Printed February 28, 200:1
Schedule A - Description
File No.: RH8000:~739
Common.? .a..It h
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLZCY)
ATTACHED TO AND MADE A PART OF POLTCY NO. RH80002739
TSSUED BY
COMMONWEALTH LAND T:ZTLE TNSURANCE COMPANY
1, The following is added to the insunng 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 hereafter gain priority over the estate or interest of the insured
as shown in Schedule A of this policy,"
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording dai:e of the instruments creating the insured interest is later than the policy
date, such policy shall aiso 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 5, 2001
Tssued 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 AND STIPULATIONS
(Continued) ' ~
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. b) When habilit>r and thc extent of loss or damage has been he finitely
This policy is a contract di- indemnity agal. nst actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or
damage sustained or inc~ared by the insured claimant who ha~ suffered loss damage shall be payable witinn 30 days thereafter.
or damage by reason of matters insured against by tiffs poIicy and only Lo 15. SUBROGATION UPON PAYMENT Pit SEI'I'LEMENT.
the extent herein described.
(al The liability of the Company under tins policy shall not exceed the (al The Company's Right of Subrogation.
least of: Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
(il the Amount of Insurance stated in Schedule A; or, any act of thc insured claimant.
/ (ii) the difference between the value of the insured estate or interest as The Comp,may shall be subrogated to and be entitled to all rights and
in red and the value of the insured estate or interest subject to the defect
· s~u .... , remedies which the insured claimant would have had against an5' person or
be~or encumbrance msured against by this pohcy, propert3 in respect to the claim had this policy not been issued. If
(bi In the event the Amount of Insurance stated in Schedule A at the ~ requested by the Company, the insured claimant shall transfer to the
D~te or Policy is less than 80 percent of the value of the insmed estate or Company all rights and remedies against any person or property necessary
in'[~rest or the full.consideration paid for the land, wiffchever is less, or if in order to perfect this fight of subrogation. The insured claimant shaU
s~tbsequent to the Date of Policy an improvement is erected on the land permit the Compan)' to sue, compromise or settle in the name of the
which increases the value of the insured estate or interest by at [east 20 insured clmmant and to use the name di' the insured claimant in any
percent over the Amount of Insurance stated in Schedule A, then tins transaction or litigation invdiv/ng these rights or remedies.
Policy is subject to the foUowing: If a payment on account of a claim does not fully cover the loss of the
/
(~ where no subsequent improvement'has been made, as to any partial thsumd clah-nant, the Company shall be subrogated to these fights am[
. loqs, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion winch the Company's payment bears to the
thc amount of insurance at Date of Policy hears to the total valu4 0£ the whdie amount of the loss.
inlured estate or interest at Date o[Policy: or If loss should result from any act of the insured claimant as stated
/ (ii) where a subsequent improxemear ha~ been made. as to an3 partial above, that act shall not void tiffs policy, but the Company· in that event,
logs, the Compmay.shaiI only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses ir~xtred against by this
I2I percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the mount, i~' oa~y, lost to the Company by
sum of the Amours of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Compmn)'s right
expended for the improvement, of subrogation.
the provisions ol'-tins paragraph shall not apply to costs, attorneys' fees (bi The Company's Rights Against Non-insured Obligors.
and expenses for wh/ch the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall
only apply to that portion of any loss which exceeds, in the aggregate. 10 exist and shall include, without limitation, the rights of the insured to
pc:cent of the AmOunt of Instirance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds,
~c) The Company wifi pay only those costs, attorneys' tees and expenses notwithstanding anD' terms or conditions .contained in those instruments
ha urred in accordmace with Section 4 of these Conditions and Stipulations· which provide for subrogation rights by reason of this policy.
g. APPORTIONMENT. .) 14. ARBITRATION
[f the land de~-~rified in Sdhedule A consists of two or more parcels
which are not used;as a singlg~,site, and a loss is established affecting one or Unless prohibited by applicable law. either the Company or the insured
more of the parCel;but not afl. the loss shall he computed and settled on a maD' demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Axbitration Association Arbitrable matters maD' include.
pr~ rata basis as~i£:the' amount, or insurance under this policy was divided but are not limited to. any controversy or claim between the Company and
pr~ rata as to the vul~e on 12Jato of Policy of each separate parceI to the the insured arising out of or relating to this policy, an) set,ice of the
whole, exclusive oFa~y haproiemente made subsequent to Date of Pol/cy. Company in connection with its issuance or the breach of a polic~.
uule~s a liability or ,mln~ has 6therw/se been agreed upon as to each parcel provision or other obligation. Ail arbitrable matters when the Amount of
by the Comp~my ~ the insured at the time of the issuance of this policy
and shown by an ex'press statement or by an 'endorsement attached to this Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
policy. Insurance is in excess of $1,000,000 shalI be arbitrated only when agreed to
9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this poticy
la) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is
lien or encumbrance, or cures the lack of a hght of access to or ~rom the made or. at the option o~ the insured, the Rules in effect at Date of Policy
laird, or cures the claim of ~nmarketabi[ity of title, ail as insured, in a shall be binding upon the parties· The a~ard may include attorneys' fees
reasonably diligent manner by any method, including litigation and the onl> if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing pa~.y. Judgment upon the award
completion of any appeals there[rom, it shall have fully perl'ormed its rendered by the Athitratotis) may be entered in any court having
obligations with re, poet to that matter and shall not be liable for any loss jurisdiction thereof.
or damage caused thereby. The [a~ of the situs of the land shall apply to an arbitration under the
(bi In the event o[" any litigation, including litigation by the Company Title Insurance Arbitration Rules.
or ~ith the Company's consent, the Company shall have no linbiliry for
lo!s or damage until there has been a final determination by a court el A cop3' of the Rules may be obtained from the Company upon request.
competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the title as insured~.
(c) The Company shall not be liable for loss or damage to anD' insured CONTRACT.
fo- liability vohmtarily assumed by the insured in setthng any claim or suit (al This po!icy together with all endorsements, if anD, attached hereto
without the prior.written consent of the Company. by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, tiffs policy shall
10~ REDUCTION. OF INSURANCE; REDUCTION OR TERMINATION be construed as a whole.
OF LIABILITY. (bi Any claim of loss or damage, whether or not based on negligence.
M1 payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest
attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by an3 action asserting such claim, shall.be restricted to
tanto, this policy.
No amendment el or endorsement to this policy can be made
11. LIABILITY NONCUMULATIVE exceptS)by a writing endorsed hereon or attached hereto signed by either the
[tisexpresslyunderstoodthattheamotmtof[nsuranceanderthispolicy President, a Vice President, the Secretaxy, an Assistant Secretary, or
shall be reduced b3 an3 amount rite Company may pa_,,' under au5 polio3 validating officer or authorized signator) ut- the Comgany.
Iff raring a mortgage to which exception is r~ken in Schedule B or to whinh 1 g. SEVERASILITY.
the insured has agreed, assumed, or taken subject, or winch is here~ffter
executed by an insured and which is a chm'ze or lien on the estate or hqrerest In the event any provisinn of the policy is held invatid or unenforceable
d~scrihad or referred to in Schedul~e A, a-nd the ammmt so paid shall he sionUnderandapplicableatt otherlaW'prox4sinnsthe policYshallShallremain~e deemedin inll tomen°t tOandineludeeffect.that provi-
de4emed a payment under this polio3 to the insured o~ner.
I 17. NOTICES, WHERE SENT.
1:~. PAYMENT OF LOSS. AllnoticesreqnlredtobegiventheCompanyandanystatementin~dagrequlred
f a~ No payment shall he made ~ ithout producing this polio'. [or endorsement to be furnished the Company shall include the number of thts petit, and shall be
of the payment unless the policy has been lost or destroyed, ir~ ',~ bich case proof eddres~d to: Consumer Affa~s Deparm~en~_ Re. Box 27567. Richmond. Virginia
of loss or destruction shall be furnished to the satls[action of the Company. 23261-7567.
ALTA Owner's Policy (10-17-92)
F~rm 1190-3 Cover Page ORIGINAl Valid Only If Face Page, Schedules A and B Are Attached
LAW OFFICES
PETER S. DANOWSKI, ~IR.
616 ROANOKE AVENUE
RO. BOX 779
RIVERHEAD, NY 11901
(631) 727-4900
FAX (631) 727-7451
JOHN P. TAGGART, ESQ.
May 8, 2001
Attn: Gregory F. Yakaboski, Esq.
Office of the Town Attorney
Southold Town Hall
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Re: Ann Marie Goerler Revocable Living Trust to the Town of Southold
Dear Mr. Yakaboski:
I enclose herewith a copy of the Subordination Agreement, which was recently returned
to our office and which was recorded in the Suffolk County Clerk's Office on March 22, 2001 in
Liber 19841 Page 843 for your files.
Very truly yours,
Peter S. Danowski, Jr.
ps.~~'
Eric.
l
TOWN A~O~,'NEY'S OFFICE '
TOWN OF SO~HO~
suFFoLK COUNTY CLERK '
RECORDS OFFICE
RECORDING PAGE
· ~l°e of Instrument:' SUBORDINATION AGREEMENT Recorded: 03/22/2001
Humber of Pages: 4 ~ At: 02:44:35 PM
LIBER: M00019841
PAGE: 843
D~strict: Section: Block: Lot:
1~00 096.00 02.00 011.000
EXAMINED AND CHARGED AS FOLLOWS
R~ceived the Following Fees For Above Instrument
Exempt Exempt
ge/Filing $12.00 NO Handling $5.00 NO
C0E $5.00 NO Notation $0.50 NO
Cb $0.00 RPT $31.00 NO
rt. Copies NO
SCTM $0.00 NO
Fees Paid $53.50
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
RECORDED
Number
of pages
2001 Hat 22 02:44:35 PH
TORRENS Edward P. Romaine
CLERK OF
Serial I# SUFFOLK OOUNPt
, L M00019841
Certificate # P 843
Prior Ct£ #
I Deed / Mortgage Lasltument Deed / Mortgage Tax Stamp Recording / Filing Stamps
Page ~ Filing Fee ]c:~"- Mortgage Amt.
Handling ~ -- 1. Basic Tax
TP-58~ .~ 2. Additional Tax
/
Notation ~. Sub Total
EA-52 17 (County) Sub To~al / 7. ~d Spoc./Assit.0r
EA-5217 (State) Spec./Add.
Dual Town Dual Count),.__
Corm ~. of Ed. 500 Held for Apportionment __
Affid tvi~ ' Transfer Tax
Certified Copy Mansion Tax
, The property covered by this mortgage is or
Reg. 2opy __ ~. will be improved by a one or two family
Sub Total c_~~ ~ dwelling only.
Othei YES__ or NO__
If NO, see appropriate tax clause on page #
GKAND TOTAL 65'~d d __ of this instrument.
Real Property Tax Service Agency Verification 16 Community Preservation Fund
,~, Dist. Section B lock Lot Consideration Amount $ '
Satisfactions/Discharges/Releasas List Property Owners Mailing Address
TD
RECORD & RETURN TO:
8 I Title Company Information
co. NameC2 .,
Title # ~:~filt oogTgT027.3
Suffolk County Recording & Endorsement Page
(SPECIFY TYPE OF INSTRErMENT )
7~~/(F2 SO' t/J J")y._.q The premises herein is situated in
~ SUFFOLK COUNTY, NEW YORK.
TO In the Township o£.
~tJ..YS'~ ~ ~-:Od~..~/J In the VILLAGE
BOXES 5 2HRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
Ona Jeri~h~ Plaza,'J_~.richo-, Nsw York. 11753, as successor b~'Ac~uisition, tO
Residential. First, '. Inc.
paAy of ~a flint pe~ ~nd
TOWN O~ $OUTHOLD
Southold, Ny 11971
~ESS~H;
M~ga~da[~ 9th d~y of October 1997 - . mada~
RON~ GOE~ER and A~ ~IE GOERLER, as Trustees of the Ann Marie ~erler
Revocable Trust ·
J
I~ RESIDENTIAL FIRST, INC.
~HER~, RONA~ GOE~ER and A~ ~IE GOERLER, as Trustees of the Ann ~rie ~erler
~en=
p~mls~ ~ove~ by ~e ~ald medgage) ~d m~e ~ ~b~ ~ sa~ m~, a~
~, ~M ~ ~ ~e sa~d p~ has m~s~ ~ a~pt ~ D~ ofDe~apment Rlgh~ ~l~
NOW TH~ ~ ~s demon of ~e ~b~ ~ ~; md~ s~ pa~ ~ ~e s~ p~ ~ ~ep
aa~ ~ =f~opm~t Rlgh~ ~ a~o In ~s~ of ~e ~r pa~ Io ~e p~ ~ ~e ~1 pa~
IN ~ES~ ~OF, ~e sam p~ of ~e ~ p~ has du~ ex~ ~Js a~em~[ ~e d~ and ~r
THE ROSLYN SAVINGS B~
~enifir V~e President
Kevin T. Dumne
I
/
D[~. 10 0 0
5~O~ATION AG~EM~ s~oN Og6. O0
sLiK 03. O0
~No. ~OT p/o' 004.001
~E ROSLYN SAVINGS BA~
TO~ OF SOUTHOLD ~~:
TO~ OF ~O~OLD
Main R~nd
CLERK OF -
SUFFOLK COUNT~/
L H00019841
P 84~
ALL that certain plot. piece or pareel'of land. situate, lying and being at Cutchogue. [n the To;va of Southo[d. Count.'.' of
Suffolk and State of New York. bounded and described as follows:
BEGINNING m a point on Ihe westerly side &Cox's Lane at the southeasterly corner of the premises herein described and
the northeasterly comer of land now or formerly of Goerler said point being the following two (2) courses and distances
as measured along said westerly line of Cox's Lane from the corner formed by the intersection of the southerly line &the
Long Island Rail Road and tile westerly line &Cox's Lane: ( I ) South 44 degrees 26 minutes 20 seconds east 304.16 feet;
and t'2) Soath 44 degrees 21 minutes 30 seconds east. 672.42 feet to the true point or place of beginning: RUNNING
THENCE from said true point or place &beginning south 48 degrees 00 minutes 40 seconds west along said land now or
l'onncrly, of Goerler. 220.00 feet: THENCE north 38 degrees 43 minutes 00 seconds west. 100.59 feet: THENCE south
48 degrees O0 minutes 40 seconds '..,,'est. 139.74 feet: THENCE north 44 degrees 21 minutes 30 seconds '..vest. 237.74 feet:
THENCE north 50 degrees 54 minutes 20 seconds east. 351.02 feet to the westerly line of Cox's Lane: THENCE south
44 degrees 21 nfinu[es 30 seconds east along said westerly line of Cox's Lane. 320.52 feet to the point or place of
BEGINNING.
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~LIZABETH A. NEVILLE Town Hall, .53095 Main Road
TOWN CLI~RK P.O. Box 1179
REGISTP~Aq- OF VITAL STATISTICS Sout½old, New York 11971
i~RRIAGE OFFICER Fax (631) 765-6145
RECORDS lXLkNAGEi~NT OFFICER Telephone (631) 765-1800
FREEDOM OF [NFOF,_M_~.TION OFFICER
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 ON MAY 9, 2000:
RESOLVED that the Town Board of the Town of Southold hereby issues a.
Negative Declaration pursuant to the SEQRA Rules and Regulations with
respect to purchasing the Development Rights of Ann Marie Goerler; and be it
FURTHER RESOLVED that the Town Board hereby authorizes Supervisor Jean
W. Cochran to execute any and ali necessary documents to purchase the
development rights of Ann Marie Goerler known as SCTM ~ 1000-096-03-4.1;
1000-96-3-5; and 1000-96-2-11. Containing approximately r~6.9 acres at a
purchase price of $11,600.00 per acre.
Southold Town Clerk
May 9, 2000
PUBLIC HEARING
May 9, 2000
5:00 P.M.
ON THE ACOUISITION OF DEVELOPMENT RIGHTS OF GOERLER, SCTM #1000-
096-03-004.1 & 005 AND 096~02-11. COX LANE, CUTCHOGUE, NEW YORK
Present: Snpervisor Jean W. Cochran
Justice Louisa P. Evans
CotmciLman Willimn D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councihnan Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The first heating is on acquisition of development rights and
it will be read by Councilman Murphy.
COUNCILMAN MURPHY: Notice is hereby Wen that pm:sumxt to the Agricultttral
Lands Presel~ation Law of the Town of Southold, constituting Chapter 25 of the Southold
Town Code, the Town Board of the Town of Southold will hold a public hearing on the 9~h
day of May, 2000 at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold,
New York, on the question of the acquisition by the Toxxax of Southold of approximately
fifty six point nine (56.9) acres of tlxe agricultaral lmxds of the property of 'Ann Marie
Goerler, at the price of $11,600.00 per acre, SCTM #1000-96-3-4.1; 1000-96-3-5; 1000-
96-2-11 located on Cox Lane, Cutchogue, New York. Further Notice is hereby given that
th4e file containing a more detailed description of the aforementioned pm-cel is available in
the Southold Town Clerk's Office, Southold Toxxm Hall, 53095 Main Road, Southold, New
York, and may be examined by an interested persons dttring normal business hours. Dated:
April 25, 2000. Elizabeth A. Neville, Southold Town Clerk." It has been filed and posted
on the bulletin board of the Town Clerk, and an affidavit that it has been published in the
paper. There is con:espondence on the file, but I think the Chairman of the cormnittee is
going to read that correspondence.
SLrpERVIS OR CO CHRA2xr: I believe we had several other pieces of correspondence.
TOX\2N- CLERK NEV1]_LE: Not on this one. It was on the other one.
SUYERVISOR COCH~a2xI: Okay. That's it?
Goerler { 2
COUNCILNLAN MURPHY: That's it.
SUPERVISOR' COCHRAN: You have heard the reading of the public notice hearing on
the purchase of development rights on the property o£ Goerler, and I would ask if anyone
would like to speak in favor or opposed, and I will start In:st with the Chaimmn of the Land
Preservation Cotrm~ittee, Mr. Ryan.
DECK RYAN: Good afiemoon, ladies mhd gentlemen. I am here to speak on behalf of the
proposal to purchase development rights on property owned by the Trustees of ~knn Marie
Goerler Revocable Living Trust. The tax map nurabers are Section 96 block 2 lot 11 and
96 block 3 lot 4.1 and 5. I sewe as Chairman of the Southold Town Land Preservafion
Committee. I have a map here, produced by the gracious assistance of the to~xx staff,
wltich outlines iu red the subject parcels that are the subject of this hearing. These
properties are located in the hmrdet of Cutchogr~e. This farm, consisting of three parcels is
approximately 58.9 acres in size. It has fi:ontage on both the east and west sides of Cox
Lane, and the north and south sides of the Long Island Railroad. The fa.mx is zoned
Agricuhural-Conservation, which permits single fmnily residential development, but
intends to conn'ol development of open lands, which are agriculturally productive. The
Haven Loam soil classification of tNs farm reflects it's high agricultural productivity. The
three parcels are currently in product as an open vineyard. The ox~mer proposes to reserve
about two acres from the proposed development rights easement. This Ca'o-acre reservation
would be in the parcel on the west side of Cox Lane south of the railroad tracks. These
farm parcels represent a link in a chain of agricultural land parcels long this particular part
of Cutchogue that the Toxxm and Suffolk County Farmland Presen'ation Programs have
identified for possible purctmse and preserw'ation. The preservation of. t~his fmmland parcel
xxSll se~'e to enhance efforts of consolidating large blocks of i~2portant productive
agTicultm-al Dxxds i.n the to~n. Southold Town and Suffolk County now oxxm development
rights easements over eighty-eight conti~ous acres east of the Goerler parcel that is on the
east side of Cox Lane. That is the properties you see outlined in gr,'eh. Southold Town
Platming Board has been consulted, and has expressed no objections to the proposed
· purchase. The purchase price is $i1,600.00 an acre, totaling approx'mhately $659,000 for
56.8 acres of the farm subject to the resuks of an acceptable sttrvey. The market value of
this proposed purchase reflects in part the development potential and location of the
property. The value of the purchase is snppot'red by March 2000 appraisal independently
prepared by Given Associates of Hauppauge. A sm'vey of the parcel ~511 be accomphshed
and is subject to adoption by the Land Preservation Committee, prior to any completion of
this proposed purchase. Because of its agricultural value, its located and its proximity to
other existing productive farmlands, this property has a high eligib'.ffi~.ty for preservation.
The Land Preservation Cmmnittee is nnanimous in reconm~ending tN's. development ri~xts
purchase. The purchase will most certainly preserve and continue a rughl character element
of Cox's Lane in the Hamlet of Cntchogue, specifically and in the T. own, in general. On
behalf of the Land Preservafion Committee I urge the Town Board tO accept the offer of
Development Pdghts to approximately 56.8 acres of this farm to be presented on an
approved survey, and to resolve to purchase the same pm:sumxt to the provisions of Chapter
25 of the Town Code, entitled, Agricultural Lands Preservation.
GoerIer : 3
SUPERVISOR COCHRAN: Thai~k you, Mr. Chairman. _~myone else like to address the
Town Board in relation to the purchase of these development rights? (No response.) If no,
[ deem the hearing closed.
Southold Town Clerk
,;: ' LEGAL'NOTICE. STATE OF NEW-.JRK)
· ' NOTICE OF :,'~ '
PUBLIC HEARING )SS'.
-NOTICE I~S' HEREBY GIVEN- COU~NTY OF ~UFFO~K~
that pm-suant to thb provisions of the
'Ag~ica~U~a[.LandsP~se,~atio. Law k_J~OU~ [' [J._~t t frs of Maffituck, in said
· of ~e :Town of Southold constituting county, being duly sworn, says that he/she is Principal
ChaPter 25 of-th~ Southold Town
, Cod¢~a. Tow. Board or th. Tow. clerk of THE SUFFOLK TIMES, a weekly newspaper,
'.of So~ithbld wiit'hold'a public hcar~ ' published at Mattituck, in the Town of Southold,
,~ o" the ~th_d~y Gl ~a~,, ~b00 a I County of Suffolk and State of NewYork, and that the
':5~095 ,Mai,,' Road, So.thO~d, ~w ',~ Notice of which the annexed is a printed copy, has
~d~don~;by,~th~:~n':~f,,SOump[a of,ap-~ been regularly published in said Newspaper once
~ pr0'x~a~iy~ffy~p0i~t ~nc (56.9) each week for ~ weeks successively,
',,:':~=r~s o[;; th'~::=~[C~t~a~ ~'~ of t~, , commen~n~ on the ~ day
,:~fPmp¢rty of ~d ,Marie: G6~flc~ at ~
':: ( ~rincipal Clerk
s'~V~iia~ie~",~l Sworn to before me this--
day of ~ 20
: be examin~ by:'=ny interested per-
~. 01~
._ .
Trustees of the Ann LVZ~fe Goofier Revocable Living Tru~ - Development
My ~ame is Dick ~y~n. I ~we ~ your Chairman office Southold To~ Land
~r~afion Commi~. J have a ~p h~e, produce by to,~-Sta~ w~ch ou~ines the
This E~ consisting of~re¢ parcels, is appra~mately 58.9 acres i=. ~ae, 1~ has
on bath ~e e~t md west ~des of Cax'~ La~e an~ the north ~d muth sides o~e Long
Island Raikr~d. The f~m ls zoned Agficukuml-C*nsem'~fio~, w~eh per~¢~ single
~mnily resid~tri~ developmenI, bur also [~tends to ~n~ol development of open lands,
which ~e agficukually productive. The Haven Loam soil classifica~ons oflhis
refl~t its high ~iculturil produmivity. Th~ 3 parcels a~ c~re~y ~produ~n
establiahed viney~-ds, l~e o~mer proposes ~o ~sem-e about 2 acre~ from the
~velopment Rig,s easement.
'I~ese hrm parce}s repr~ent a !ink m a chain of a~iculmr~l lan~ pm'ce!s along Oregon
~ogd [hg the To~ and Saffo!k Count), F~l~d Pmse~tion Prelims have. identified
f~r possib{e pur~ase md pmsemation. Ihe presm:arbn of this farnfi~d parcel
se~,e t~ enh~ce e~oa$ ~ consoli~fing ~ge bloc~ ofimpo~am ~du~ive a~icukura[
tams ia ~he To-~m. SoutLo[d Town aM Su~olk County now own Developm~r ~ghts
eas~ema ~ver 88 comi~ous <m, e~t of on of the GeeZer parcels on ~e ea~ side
Cox bte. ~ne Southold Toum Plaming Board ha~ be~ oonsulted a~ expre~sM no
objection to the proposed purcKase.
~* purchase price i$ $11,~00,'aere, totaling approximately $~59,~o for
approximately 56.8 aer~ (su~e:r to the results ~' an acceptable sum',y). The maf~
value ofrMs prsposO pumh~se reflects in ?a~, ~e d~elopment pote~M and locati~
~ Fmp~ay. The value of the purchase is supposed by a Mar~h 2000
independently pr~ared by Given A,soc~tea ofHmppauge. A sup~ey cf the pm'eel will
be ace~mphshed and is su~iect ~o ado~ion by the Land ~s~'atioa Commieee~ p~or
~y ecmplerlon of this proFosed parcnase.
Bec~u~* afit~ agri,mkm~ value, its io¢~ion, ~d i~ Froxi~zy to oth~ e~sti~
proauc:~ve hrmlands, this prope~y has a high eligibility for vese~'atian. The Land
~esev;atio~ Co~mitt~ is m~ardmeus in remmmending z~i Developmem
purchase. The purchase will most-cenairdy p~sem-e and eominue a rural
element of Coifs Lane in h'~e Hamlet of Cutoho~, spo~fieally and tM Town, in
O,. behalf of the L~d Presep.,~ticn Co,mince, I urge the Town Bo~d to accept ~bm offer
et'Development Ri~ts tu approximate~ 56.8 a~es of this faro (to be ~resented
on ~ appro~ sa~ey) and to RESOLVE m pnmhase the same pursuant to
~rovlsions .al ~apter 25 of the Town Code, entitl~ "Agricultural Lands
P~e~ation*L
TharX y0~ Nhy 2000 rcr
II
JLEGAL I C
NoTi~C.'.'E OF PUBLIC'...EIE~RING
NOTICE IS HEREBY .'GI!~/:EN that pursua:pt'..t9 the provisions of the
Agricultural L~nds Prese~atlon .L~.. rpf%,~th.e.~ Town of Southold.
constituting Chapter 25 of the $outhold ToWn~ C~de. the Town Board of
the Town Southold will hol~,ar · ..... - ~.1 ........
· publ~c/7~he~r~r_~r~..g~.!o~;,the 9th day of May,
2000 at S:00 P.M.. at th&~:~.Southo~d i~o~i i,~'11. 53095 Main Road.
Southold, New York, on the .questlon:of..~he:~ar. cl~ls,t~on by the Town of
Southold of approximately fiftJy s[x,::,.poin[:.i O~e~. (56.9) acres of the
agricultural lands of the pr~p,'&~ty .. ''.,.,v. ' ~
of Ann M~e.cG~rler, at the price of
$11,600.00 per[ acre. $CTM~,,:ilO00:9~=aw~ii;:,:~0"0-96-3-5; 1000-96-2-11
located on of Cox lane, CutCh0gue, N~w Ybrk.: '
FURTHER NOTICE IS HEREBY GIVEN that the file containing a
more detailed ~lescription of the aforementloaed parcel is available in
the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
Southold, New [York, and may be examined 'by any interested persons
during normal ~usiness hours.
I Dated: April 25~ 2000.
ELIZA.BEtH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ONCE ON' MAY ~ 2000.':i ~ND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZAB~TH A. NEVILLE, TOWN
CLERK, TOWN ~tALL, PO BOX 1179, SOUTHO'ED~ NY 11971.
; Copies to the f~llowing: . ,
The Suff61k Times
Town Board Members
T~own Attorney '.,
Town Clerk's Bulletin Board
Ann Mari~ Goerler
Land Pre ;ervation 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 1.st~- day of May 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.
Legal Notice-.- Notice of Hearing - Agricultural Lands Rreservation Law
5:00 P.M., Tuesday, May 9, 2000 a public hearing will be held on the
question of the acquisition of property of Ann Marie Goerler.
Southold Town Clerk
Sworn to before me this
]_~ay of May , 2001~.
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK ,~ e.~ ~o~ P.O. Box 1179
REGISTi~R OF VITAL STATISTICS ~- Southold, New York 11971
i~'L~RI~L~kGE OFFICER ~ Fax (631) 765-6145
RECORDS IvLkNAGEi~,fENT OFFICER Telephone (631) 765-1800
FREEDOI~I OF INFOR~L~TION OFFICER
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 APRIL 25. 2000:
Resolved that the Town Board of the Town of Southold hereby sets 5:00 P.M.
Tuesday, May 9, 2000, Southold Town Hall, 53095 Main Road, Southold, New York,
as the time and place for a public hearing on the question of acquisition of certain
parcel of property from Ann Marie Goerler, for purchase of development rights in'
agricultural lauds under Chapter 25 and Chapter 6 of the Town Code. Said
property is identified SCTM# 1000-96-3-4.1; 1000-96-3-5; 1000-96-2-11 comprising
approximately 56.9 acres, at a price of $11,600.00 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.
Southold Town Clerk
April 25. 2000
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
LAND PRESERVATION COMMITTEE
TOWN OF SOUTHOLD
TO: Elizabeth A. Neville, Town Clerk
FROM: Dick Ryan, Chairman
DATE: April' 14, 2000
RE: Development Rights Easement Purchase - Ann Marie Goerler
Revocable Living Trust - SCTM ~1000-096-03-004.1 & 005 and 096-02-011
As a result of the Committee meeting of March 10th and the purchase offer
acceptance of the owner's representatives, I ask that you place a resolution on
the agenda of the April 25th meeting of the Town Board, which will schedule and
publish notice of a public hearing for the above-noted.
Approximately 56.9 acres of the 58.9 acre, 3 parcel active farm are proposed for
the purchase of a development rights easement, pursuant to either the provisions
of Chapter 6 or Chapter 25 of the Town Code (as the Supervisor and Town Board
may choose). The exact area of the purchased easement is to be determined by
a town-provided survey, acceptable to the LPC prior to the contract-closing.
The purchase price will approximate $600,000.00 and is based on a unit price of
$11,600.00 per acre, as supported by a recent appraisal received from Given
Associates.
It is possible this purchase will qualify for partnership in the Suffolk County
"Greenways Program) (providing for upwards of 70% of the funding).
I will submit to you prior to the public hearing, the necessary "short EAF,"
which briefly details the proposal and concludes a "negative declaration,"
pursuant to SEQRA. The form will need the Supervi$or's endorsement, followed
I believe by a filing in your office.
cc - Supervisor Cochran
Town Board Members
Town Attorney
Land Preservation Committee
Planning Department
John Cushman
I-AND PRESERVATION PROGRAM
I am the owner of property which I hereby submit for consideration
by the Town of Southold under the Land Preservation Program.
ADDRESS
' ~,..~ ~
PHONE NO. ~,
PROPERTY LOCATION
TAX MAP NO.
TOTAL ACR~GE
It is bnderstood that this submission does not commit the Town of
Southold to the purchase of my property .
Please return,this completed form together with a 'copy of your deed
and any existing survey to:
Southolcl Town Land Preservation Committee
Southold Town Hall
P.O. Box 1179'
Southold, NY 11971