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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. , : ,'.:..:.: .............:.. : ;: ::.' L-:--'-..: ::.-':: ': ,".: ;:'..: i:.':-':' .i ::! "::.:~ ::i ~? : ; : -..~- :.':. .:...'.:.:.....'..? ~: .: '.i '-.".":-:.':'=:'? '.: .:.."." -."' .' .'": - ' "-.- '. ': :.':': ~: :-"- ':'-:'-'.. ".-' -. : -.~:: ~..,: .:' /v' ~.' :-~'~. :-iL;~ I ' j ...f.. .. .:" i ..:.. .... :::":.;.?~' ~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