HomeMy WebLinkAboutJenkins, Robert & JoanGREGORY F. YAKABOSRI
TOWN ATTORNEY
MARY C. %VILSON
ASSIST.ANT TO~VN ATTORNEY
JEAN W. COCI-LFLiN
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 766-1889
Fax (631) 765-1823
E -rnaih townatt orney(~sout hold.org
OFFICE OF THE TOWN ATTORNEY
TO%VN OF SOUTHOLD
To:
From:
Date:
Re:
Supervisor Cochran
Town Board
Land Preservation Committee
Gregory F. Yakaboski, Esq.
Town Attorney
February 22, 2001
JENKINS to TOWN OF SOUTHOLD
Purchase of Development Rights Easement
Please be advised that the closing in regard to the above matter has been confirmed for
Friday, February 23.2001, at 2:00 p.m., in the conference room at the Town Hall.
/md
S:~Attorney\GREG\MELANIE~GREG\memo. DOC
GREGORY F. YAKABOSKI
TOWN Aq~lND P~]EY
MARY C. WILSON
ASSISTANT TOWN ATTORNEY
J~AN V~. 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-rnail: townattorney@southold.or g
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
November 14, 2000
Paul A. Caminifi, Esq.
Caminifi & Gibbons, L.L.P.
54075 Main Road
P.O. Box 846
Southold, NY 11971-0846
Re:
JENKINS to TOWN OF SOUTHOLD
SCTM # 1000-102-2-2.3
Dear Mr. Caminiti:
Enclosed you will find a fully executed copy of the Development Rights Purchase
Agreement in regard to the above matter.
For your information, an environmental assessment report was ordered from Nelson,
Pope & Voorhis, LLC on November 9~h. A title report (RH80003260) was also ordered
that same date from Commonwealth Land Title Insurance Company. When completed,
a copy should be forwarded by them directly to your office.
/md
enc.
cc: Melissa Spiro, Land Preservation Coordinator
Land Preservation Committee
Southold Town Board
PUBLIC HEARING
OCTOBER 10, 2000
8:02 P.M.
ON THE QUESTION OF THE PURCHASE OF A DEVELOPMENT RIGHTS EASEIvlENT ON A
CERTAIN P,~RCEL OF PROPERTY FROM ROBERT ,M',,rD JO,Mxl JENKINS )SCTM #1000-102-2-
2.3), COMPRISING APPROXIMATELY 17.1 ACRES.
SupeD'isor Jean W_ Cochran
Justice Louisa P. Evans
Councilman Will/mn D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. YakabosM
SUPERVISOR COCHR_AN: We will go to the second public hearing in relation to development rights
easement, Robert and Joan Jenkins. Bill?
COUNC[LI~iAN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 25,
Agricultural Lands Preservation anct/or Chapter 6 (2% Community Preservation Fund), of the Code of
the Tox~m of Southold, the Town Board of the Town of Southold will hold a public hearing at 8:02
p.m., Tuesday, October 10, 2000, on the question of the acquisition by the Toxwn of Southold of
development rights in agricultural lands of the property of Robert & Joan Jenkins, comprising
approximately i7.1 acres, located on the east side of Depot Lane, Cuchogue, New York, identified as
SCTM #1000-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Development Rights to
be purchased outright by the Town of Southold, or acquired under the Suffolk County Preservation
Partnership Program whereby Suffolk County may appropriate an amount equal to 70% of the total
cost of acquisition. Further Notice is hereby gtven that a more detailed description of the above
mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095
Main Road, Southold, Next' York, and may be examined by any interested person during business
hours. Dated: September 25, 2000. By Order of the Southold Town Board. Elizabeth A. Neville,
Southold Town Clerk." 1 have proof that this notice was published in The Suffolk Times, posted on
the Tox~m Clerk's Bulletin Board. We have a Short Environmental Assessment Form in the file as well.
There is no correspondence.
SUPERVISOR COCHRAN: Thank you, Councilman Moore. You have heard the reading in relation
to the purchase of development rights easement on a parcel from Robert and Joan Jenkins comprising
17.1 acres. Do you have it there, 1Melissa? Can you show us where it is?
COUNCILMAN MURPHY: Almost right next to Lady of Ostrabrama Church, south of the church.
COUNCILMAN MOORE: It is on the pipeline, Route 48, north of Doroski's.
SUPERVISOR COCHRAN: Okay, anyone like to address the Town Board in relation to this purchase
of development right easement?
DICK RYAN: Once more we have a map here. The subject farm parcel is approximately 18.6 acres in
size. It has frontage on the east side of Depot Lane. It is adjacent to lands of the Roman Catholic
Church and the Sacred Heart Cemetery. The farm is zoned Agricultural-Conservation, which permits
single family residential development on two-acre lots, but also intends to control development of open
lands that agriculturally productive. The Haven Loam Soil classification of this farm reflects its high
agricultural productivity. Most of the parcels is currently in production used for horticultural products.
The owner proposes to reserve about any acre and a half of the northwestern most area from the
proposed development rights easement for residential uses. The farm parcel represents a link in a chain
of agricultural lands extending eastward to Cox's Lane that the Town and the 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 Program, which assures
agricultural use for a period of years in exchange for a reduction in real estate taxes. The preservation
of this farm parcel will serve to enhance the efforts that consolidating large blocks of important
productive agricultural lands in the Town. The Town is in contract for development rights easement
over fifty-five acres east of this farm. The Land Preservation Committee is currently in negotiations for
the purchase of any additional forty acres in between. The Jenkins development rights purchase will
assure a significant agricultural open space vista along the easterly side of Depot Lane. The Southold
Town Planning Board has been consulted and expressed no reservation to the proposed purchase. The
negotiated purchase price is $12,000.00 an acre for the approximate 17.1 acres of development fights.
The market value of this proposed purchase reflects in part the development potential and location of
this property. (tape change) The farm parcel is identified in the Town's 75% funding application
presently before the New York State Department of Agriculture and Markets. The parcel is identified
for preservation on the Town Community Preservation Project Plan. The Land Preservation
Committee members are unanimous in recommending this development rights purchase. The purchase
will most certainly preserve and continue a rural character element of Depot Lane in the hamlet of
Cutchogne, specifically in the town in general. On behalf of the Land Preservation Committee I urge
the Town to accept the offer of development rights to approximately 17.1 acres of this farm subject to
the receipt of an approved survey, and to resolve to purchase the same pursuant to the provisions given
in Chapter 6 Community Preservation Fund, or Chapter 25 the Agricultural Land Preservation Section
of the Town Code, and further to resolve that the purchase transaction may be accomplished under the
auspices of the Suffolk County Greenways Program-or the Suffolk County Preservation Partnership
Program as deemed appropriate by the Supervisor, and further to resolve that the purchase transaction
is to be accomplished by the joint coordinated of the Town Attorney and the Land Preservation
Coordinator. Thank you.
SUPERVISOR COCHRAN: Thank you. Anyone like to address the Town Board in relation to this
purchase? (No response.) I will close the heating.
Southold To~m Clerk
ELIZABETH A. NEVILLE
TO~N CLERK
REGISTR-M~. OF VIT.~J~ STATISTICS
IL4~RL&GE OFFICER
RECORDS BLkNAGE~,[ENT OFFICER
FREEDOlX, I OF INFOB. SL*TION OFFICER
Town Hall, 53095 2.Ialn 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
October 11, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert & Joan Jenkins
Post Office Box 301
Cutchogue, New York 11935
Dear Mr. & Mrs. Jenkins:
Please be advised that the Southold Town Board adopted a resolution
at their regular meeting on October 10, 2000 to elect to purchase the
development rights on your parcel of property of agricultural lands
identified as SCTM #1000-102.00-02.00-002.003.
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 resolution 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.
, _.= SENDER:
~ ~W~rite~'ReturnRacziptRaguesred, on he mail-ieee b~, ....... , 2. ~ RestrJ~ed DelJve~ ~
.... Jg=n JenKir,~ ~ype ~ ~,
· o P'O ~ox 3)1
Cutchogue~ N~ 11935 0 Regrstered~ ~Ce~Jfied ~
" ~% I. Addres - ~
~ "PS F0rm 3811, December 1994
Yours very truly,
~rk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTt~kR OF VIT.AL STATISTICS
M-&RRL~GE OFFICER
RECORDS 3,LkNAGEi~ENT OFFICER
FREEDOM OF INFOB3/IATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, Ne~v 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
THE REGULA_R MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10,
2000:
\VHEREAS, the Town Board of the Town of Southold wishes to purchase the development
fights in the agricultural lands of a certain parcel of property of Robert & Joan Jenkins,
comprising approxinmtely 17.1 acres, located on the east side of Depot Lane, Cutchogue, New
York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre
pursuant to the provisions of Chapter 25, Agricultural Lands Presen~afion and/or Chapter 6 (2%
Community Preservation Fmxd) of the Code of the Town of Southold,
Said Developments Rights to be purchased either outright by the Toxvn of Southold, or acquired
tinder the Suffolk County Preservation Pannership Pro,'am xvhereby Suffolk County may
appropriate an amount equal to 50°/6 of the total cost of acquisition; or under the Suffolk Count3'
Greenways Pro,am xvhereby Suffolk County may appropriate an amount up to 70% of the total
cost of acquisition.
RESOLVED by the Tox~m Board that this action is classified as an Unlisted Action pttrsuant to
the SEQRA rules and regulations, m 6 NYCRR 617 et seq.;
RESOLVED that the Town is the Lead Agency;
RESOLVED that the Short Enviromnental Assessment Form prepared for this project is accepted
and attached hereto; be it further
RESOLVED that the, Toxxm Board detemxines that there will be no significant adverse impact on
the environment and declares a negative declaration for this action.
Sonthold Town Clerk
October 10, 2000
ELIZABETH A. NEVILLE
TOWN CLERK
REGIS'I'R_~kR OF VIT.kL STATISTICS
]~LMRRIAGE OFFICER
RECORDS lkL~XIAGE~IENT OFFICER
FREEDO~I OF INFORM~kTION OFFICER
Toxvn H~ll, 53095 Mein 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
THE REGUL.~R I~IEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10,
2000:
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the
development fights of a certain parcel of property of agricultural lands owned by
Robert & Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot
Lane, Cutchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of
$12,000.00 per acre pursuant to the provisions of Chapter 25- Agricultnral Lands Preservation
and/or Chapter 6 (2% Connnunity Preservation Fund); and be it
FURTHER RESOLVED that the parcel is be purchased either outright by the Town of Southold,
or acquired under the Suffolk CouRty 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.
A ~eville
Southold Town Clerk
October 10, 2000
PUBLIC HEARING
OCTOBER 10, 2000
8:02 P.M.
ON THE QUESTION OF TIIE, PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON A
CERTAIN PARCEL OF PROPERTt'""' 'FROM ROBERT 'AND JOAN JENKINS )SCTM #1000-102-2-
2.3), COMPRISING APPROX]2kL~TELY 17.1 ACRES.
Snpervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Johi~ M_ Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Totem Attorney Gregory A Yakaboski
SUPERVISOR COCHRAN: We will go to the second public hearing in relation to development rights
easement Robert and Joan Jenkins. Bill?
COUNCIl_IV[AN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 25,
A=mdcultnral Lands Presetx'ation an&'or Chapter 6 (2% Community Preservation Fund), of the Code of
the Town of Southold, the Toxsm Board of the Toxin of Southold will hold a public hearing at 8:02
p.m., Tuesday, October 10, 2000, on the question of the acquisition by the Toxxm of Southold of
development fights in agxicultural lands of the property of Robert & Joan Jenk'ms, comprising
approximately 17.1 acres, located on the east side of Depot Lane, Cuchog-ue, New York, identified as
SCTM #1000-102.00-02.00-002.003 at the pr/ce of $12,000.00 per acre. Said Development Rights to
be purchased outright by the Town of Southold, or acquked under the Suffolk County Preservation
Partnership Program whereby Suffolk County may appropriate an ammmt equal to 70% of the total
cost of acquisition. Further Notice is hereby given that a more detailed description of the above
mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095
Main Road, Southold, New York, and may be examined by any interested person during business
hours. Dated: September 25, 2000. By Order of the Southold Town Board. Elizabeth A. Nexdlle,
Southold Tox~m Clerk." I have proof that this notice was published in The Suffolk Times, posted on
the Town Clerk's Bulletin Beard. We have a Short Envirorm~ental Assessment Form in the file as well.
There is no con'espondence.
SUPERVISOR COCHRAN: Thank you, Cotmcilman Moore. You have heard the reading in relation
to the purchase of development rights easement on a parcel fi:om Robert and Joan Jenkins comprising
17.1 acres. Do you have it there, Melissa? Can you show us where it is?
COIaEXICILb'[AN MURPI-IY: Almost ri~tt next to Lady of Ostrabrama Church, south of the church.
SUPERVISOR COCHICaZq: I think they are great. It is worth a thousand words.
DICK RYAN: These maps are done by your professional staff. John Sep and Melissa are the biggest
mapmakers in town these days.
SUPERVISOR COCHIL&N: Yes, they are. Galileo, was he the one that d. rew the maps years ago? He
would have it right here in Southold around the world.
DICK RYAN: This subject property of approximately 27 acres in size is owned by Mr. and Mrs_
'.Arnold Neuer and Mr. aud Mrs. Robert Sutermeister since 1977. It is located on the west shore of
.~'shamomaque Pond and on the north side of the Long Island Railroad. The property is accessed by a
right of way extending southerly over the Long Island Railroad to the Main Road. The parcel is zoned
Residential Low Density, which is R80, which permits single residential development on txvo acres
plots, but also intends to control and prevent development of open lands. The property is also subject
to the LII~A electric transmission lines that generally parallels the Long Island Railroad at tiffs location_
The parcel is comprised of heavily wooded up lands with some freshwater and tidal wetlands. The
parcel affords mag-nificent views of the preserv'e wetlands and a~m-iculruraI lands to the east across
Arshamomaque Pond. The pond frontage offers oppormulfies for direct access for it's tidal waters
leading to Mill Creek and Southold Bay. The purchase of this undeveloped parcel will serve to
perpetually preserve important open space view shed lands on Arshamomaque Pond, as well as to
provide the opportunity for public enjo3m~ent of tlie quiet solitude £om~d in the existing natural
emrironment of the properVs,. The Southold Toxx'n Plamting Board has been consulted and expressed no
resen~ation to the proposed purctmse. The negotiated purchase price if $400,000.00 for all of the rights
and interests in the entire parcel. The price of this proposed purchase reffects in part the cooperation of
the owners, as well as the limited development potential, and remoteness of the location of the
property. The proposed purchase is supported by a July 2000 appraisal independently prepared by R. J.
Metusa and Associates of St. James. 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 of this purchase should the Town Board so resolve. Because of it's woodlands, wetlands,
shorelands, sea views, and potennal for outdoor recreational opportunities this property has a high
eli~bility for preservation. The parcel is identified for preservation on tl~e Town's Community
Preservation Propjet l~ian. The purchase xvill most certaiuly preserve and continue an open space
character of Arshamomaque Pond, specifically in the tox~'n in general. On behalf of the Land
Preservation Committee I urge the Town Board to accept tlie offer of the purchase of the entire parcel
for the sum of 5400,000.00 subject to the receipt of a approved survey, and to resolved to purchase the
same pursuant ~o either the provisions of Chapter 6 or Chapter 59, the Open Space Preservation
Section of the Toxxm Code, and further to resolve that the purchase transaction may be accomplished
under the auspices of either the Suftblk County Greenways Program, or the Suffolk County
Prese~,ation Partnership Program, or an3r other program of public open space funding as deemed
appropriate by the Supervisor, and further to resolve that the purchase transaction is to be
accomplished by the joint coordinated efforts o£the Toxwn Attorney and the Town Land Preservation
Coordinator. That~ yon.
SUPERVISOR COCFFP,-&N: Is there anyone that would like to address the Town Board in relation to
this purchase? Miss Spiro, I ththk it is interesting. Would you explain what some of these colors are to
those that are wamhing, mad exactly where this is? This is down as you go over the bridge.
MELISSA SPIRO: When you go over the bridge you can see the Long Island Railroad crossing.
SUPERVISOR COCI-1tL'~N: You look at the land back of the wooded area.
MELISSA SPIRO: Ymt can also see the property from Bayview Road. This darker green here is Land
Trust property, and the other green is current development fio~ts. (unintelligible)
SUPERVISOR COCI-15L~'q: It is a beautiful piece. It is helpful for people to put the location into
prospective, and yet see how mm~y different ways that the Town is usxng to try and preserve throu~fa
any method that xve cm~. Anyone else Yflce to address the Town Board in relation to this purchase? (No
response.) I will close the hearing.
Southold Tox~m Clerk
Robert and Joan Jenkins - Development Rights Purchase.
SCTM #1000-102-02-002.3
My name is Dick Ryan. I serve as your Chairman of the Southold Town Land
Preservation Committee. I have a map here, produced by town-staff, which outlines the
subject parcel under consideration, located in the Hamlet of Cutchogue.
The subject farm parcel, is approximately 18.6 acres in size It has frontage onthe East
side of Depot Lane. It is adjacent to lands of the Roman Catholic Church and the Sacred
Heart Cemetery. The farm is zoned Agricultural-Conservation, wt-dch permits single
family residential development on 2-acre plots, but wttich also intends to control
development of open lands that are agriculturally productive. The Haven Loam soil
classifications of this farm reflect its high agricultural productivity. Most of the parcel is
currently in production use for horticultural products. The owner proposes to reserve
about 4 acres of the northwestern-most area, fi-om the proposed Development Rights
easement, for residential uses.
This farm parcel represents a link in a chain of agricukural land parcels extending
eastward to Cox's Lane that the Town and Suffolk County Farmland Preservation
Programs have identified for possible purchase and preservation. Thi~ 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 farmland parcel wSli serve to enhance efforts at consolidating
large blocks of important productive agricultural lands in the Town. The Town is in
contract for a Development Rights easement on over 55 acres east of this £ann parcel.
The Land Preservation Committee is currently in negotiations for the purchase of an
additional 40*_ acres in between. The Jenkins Development Rights purchase will assure a
significant agricultural open space vista along the easterly side of the Depot Lane.
The Southold Towm Planning Board has been consulted and expressed no reservation to
the proposed purchase.
The negotiated purchase price is $12,000/acre, for the approximate 14.6 acres of
Development Rights, totaling approximately $175,000. 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 an August, 2000 appraisal
independently prepared by Gtven Associates of Hanppauge.
A survey of the parcel is to be accomplished. The survey and purchase agreement should
be subject to adoption by the Land Preservation Comrrdttee, prior to any completion of
this purchase, should the Town Board so RESOLVE
presently before the NYS Department of Agriculture and Markets ~-~
....
Because of its agricultural value, its location on Depot Lane, and its proximity to/~th'~r
existing productive farmlands, this property has a high eligibility for preservatior~. 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 Depot Lane in the Hamlet of Cutchogue, specifically and the
Town, in general.
On behalf of the Land Preservation Committee, I urge the Town Board to accept the offer
of Development Rights to approximately 14.6 acres of this farm (subject to receipt of
an approved survey). And to RESOLVE to purchase the same pursuant to the
provisions of either Chapter 6 (Communit~ Preservation Fund) or Chapter 25
(Agricultural Lands Preservation) of the Town Code. And further to RESOVE that
the purchase transaction may be accomplished under the auspices of the Suffolk
County Greenways Program or Suffolk County Preservation Partnership. Program,
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
the Town Attorney and the Land Preservation Coordinator.
Thank you
October 2000 rcr
· ~ '-tt~A'i~ NOTIC~C-~-'-'"'~
NOTICE OF
' PUBLIC ITE'ARING
- NO~CE IS H~EBY G~N
that pursuant to the'--~-:--
Chapter 25, A~cultural ~nds Pres-
e~ion au~or Chapter 6 (~% ~m-
~ae of the To~ of' Southold, [he
Town Board of ~e Town of Southold.
wi~ hold a Pubic he'ring at 8:02 p.m
Tuesdag Octofier I0,, 2~. on th~
question of t~ acquisihon, by ,the
Town of S~thold. of development
fi~ts~ a~icult~ l~ds of the ro
erg'' Sf Robe~ & Joan Jenki~
pr~smg approximately 17.1 acres,
located on the east side of Depot
Lane. ~tcho~e, New York, identi-
. fled as S'~I~ 1~-102.~-02.~.~3
at the price of $12.~ per acre.
' Said'dexelopment righm'~o be p~.
chased 'outright by the Town of
Southold, or acquired under-the
Suffo~ CounD, Preservation
Pa~ers~p Progrm-wh'ereby Suffo~
CBun~, my appropriate an mount
~ual to 50% ~of'lhe total ~st of
acquisition: or under the Suffolk
Count), Greeaways Pro,am Whereby
Su~b~ County 'may'appropriate an
amount up to 70% of the tot~ cost~f
acq~sifion,
FURT~R NOT,ICE '}s hereby
Wen t~,a more detailed des~pfion
? the above-mentioned p~cel of land
~s on ~e,,~ the Somhold TOwn Clerk~
Office, Southold Town Hall, 53095
Ma~ Road, Southold. New York.
may be exff~ed by ~v interested
person dung bus'~ess h~urs.
Dated: September 25, 2~.
BY ORDER OF
~caUe,l U A. NEV~LE
SOU~OLD T,O~ CLERK
1565-1 TO5 - , r
STATE OF NEWYORK)
)SS:
C(:~IJNTy QF SUFFOLK) ~
~"~cL/1,.~ {,~[J[_CTj~,~_F--)[~I~ of Mattituck, in said
county, bein~ 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 \ week.s successively,
commencing on the ,~)~"' day
of (~X~ 2000
c/ Prinl/ipal Clerk
Sworn to befo~r.re n3e this (0
day of ;[ )(_~/D~ 20_.1~
CHRISTINA T. WEBER
N01ay Publb, 8late o! New
No. 01WE6034554
Oua~f~ ~ S~o~ County ~tW~J
Commission Expires December 13,~
1
i Sta. te ~vironment'"J, Qua|i[y Review
SHe RT ENVTRO NM ENTAL ASSESSMENT FQ RM
F~r UN~ A~CN~ Qnly
~ART [--PRGJE~T [NFORMA~ON ~o ~e ~m~tet~ by Ap¢icant or ~mject
~ No It Ne, :escmbe ~ietty
If the action is in the Coastal Area, and you ar~ a state agency, csmp[ete the
Caastai Assessment F~rm before ~rec~eding with this assessment
OVER
PART II-- ENVIRON M ENTA~,,~SSE~SM ENT
PART !II--.~ET~RM[NAT'.,CN CF SIGNIFICANCE (Ta ce c:mm~e~ec[ cy Agency)
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2%
Community Preservation Fund) of the Code of the Town of Southold,
the Town Board of the Town of 5outhold will hold a public hearing at
8:02 p.m,, Tuesday, October 10, 2000, on the.question of the acquisition
by the Town of Southold of development rights in agricultural lands of
the property of Robert & Joan Jenkins, comprising approximately 17.1
acres, located on th~ east side of Depot Lane, Cutchogue, New York,
identified as SCTM# .J000-102.00-02.00-002.003 at the price of $12,000.00
per acre.
Said
Southold,
Development Rights to be purchased outright by the Town of
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.
FURTHER NOTICE is hereby given that a more detailed description
of the above mentioned parcel of land is on file in the Southold Town
Clerk's Office, $outhold Town Hall, 53095 Main Road, Southold, New
York, and may be examined by any interested person during business
hours.
Dated: September 25, 2000.
BY ORDER OF THE SOUTHOLD TOWN BOARD.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
LEASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT
(~F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
OX 1179, SOUTHOLD, NY 11971.
opies to the following:
The Suffolk Times
Town Board Members
Land Preservation Committee
Robert F~ Joan Jenklns
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the To;~m of Southold, New York being
duly sworn, says that on the 3ra day of OCTOBER ,2000, she
affixed a notice of which the annexed printed notice is a true copy, in a proper and
substmltial rammer, in a most public place in the Toxxm of Southold, Suffolk County, New
York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARING
Acquisition of Development Pdghts of SCTM # 1000-102.00-02.00-002.003
F-2glizabeth A. Nevil~
Southold Town Clerk
Sworn before me this
3''c'[, dayof_ (~or'- , 2000.
ELIZABETH A. NEVILLE
TOWN CLERK
REGIST~L, kI:( OF \rIT:kL STATISTICS
5,L~RRIAGE OFFICER
RECORDS MAI',L~.GE~IENT OFFICER
FREEDOM OF INFOPAIATION OFFICER
To~'n Hall, 53095 Main Road
P.O. Box 1179
Southold, Ne~v 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 26. 2000:
RESOLVED that the Town Board of the Town of Southold hereby sets 8:02
P.M., Tuesday, October 10, 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 a certain parcel of property from Robert and Joan
Jenkins 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#1000-102-2-2.3, comprising
approximately 17.1+- acres of the 18.6 acre farm at a price of $12,000.00
(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.
Southold Town Clerk
September 26, 2000
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2%
Community Preservation Fund) , of the Code of the Town of Southo[d,
the Town Board of the Town of 5outhold will hold a public hearing at
8:02 p.m., Tuesday, October 10, 2000, on the.question of the acquisition
by the Town of Sou(hold of development rights in agricultural lands of
the property of Rob~ert & Joan Jenkins, comprising approximately 17.1
acres, located on the east side of Depot Lane, Cu,tchogue, New York,
identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00
per acre.
Said Development Rights to be purchased 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.
FURTHER NOTICE is hereby given that a more detailed description
of the above mentioned parcel of land is on file in the Southold Town
Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New
York, and may be examined by any interested person during business
hours.
Dated: September 25, 2000.
BY ORDER OF THE SOUTHOLD TOWN BOARD.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
5, 2000,
AND FORWARD ONE (1) AFFIDAVIT
TOWN CLERK, TOWN HALL, PO
.EASE PUBLISH ON OCTOBER
F PUBLICATION TO ELIZABETH NEVILLE,
OX 1179, SOUTHOLD, NY 11971.
iopies to the following:
The Suffolk Times
Town Board Members
Land Preservation Committee
Robert & Joan Jenkins
Town Clerk's Bulletin Board
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2~
Community Preservation Fund) of the Code of the Town of Southold,
the Town Board of the Town of Southold will hold a public hearing at
8:02 p.m., Tuesday. October 10, 2000, on the question of the acquisition
by the Town of Southold of development rights in agricultural lands of
the property of Robert & Joan Jenkins, comprising approximately 17.1
acres, located on the east side of Depot Lane, Cutchogue, New York,
identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00
per acre.
Said Development Rights to be purchased outright by the Town of
Southold, or acquired under the Suffolk County Preservation Partnership
Program whereby Suffolk County may appropriate an amount equal to
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.
FURTHER NOTICE is hereby given that a more detailed description
of the above mentioned parcel of land is on 'file in the Southold Town
Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New
York, and may be examined by any interested person during business
hours.
Dated: September 25, 2000.
BY ORDER OF THE SOUTHOLD TOWN BOARD.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
LEASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT
F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
OX 1179, SOUTHOLD, NY 11971.
(~opies to the following:
The Suffolk Times
Town Board Members
Land Pres.ervat;ion Committee
Robert $ Joan Jenk ns
Town Clerk's Bulletin Board
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2%
Community Preservation Fund) of the Code of the Town of Southold,
the Town Board of the Town of Southold will hold a public hearing at
8;02 p.m., Tuesday, October 10, 2000, on the question of the acquisition
by the Town of Sou~hold of development rights in agricultural lands of
the property of RobErt & Joan Jenkins, comprising approximately 17.1
acres, located on thb east side of Depot Lane, Cutchogue, New York,
identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00
per acre.
Said Development Rights to be purchased 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.
FURTHER NOTICE is hereby given that a more detailed description
of the above mentioned parcel of land is on file in the Southold Town
Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New
York, and may be examined by any interested person during business
hours.
Dated: September 25, 2000.
BY ORDER OF THE SOUTHOLD TOWN BOARD.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PtLEASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT
~F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
B{,OX 1179, SOUTHOLD, NY 11971.
Copies to the following:
II The Suffolk Times
,: Town Board Members
ii Land Preservation Committee
Robert F~ Joan Jenkins
l! Town Clerk's Bulletin Board
GREGORY F. YAKABOSKI
TOWN ATTORNEY
MARY C. WILSON
ASSISTANT TO'WN ATTORNEY
JEAN W. COCHRA_N
Super~isor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1889
Fax (631) 765-1823
E-maih townabtorne~ southold, org
OFFICE OF THE TOWN ATTORNEY
TOVCN OF SOUTHOLD
To:
From:
Date:
Re:
Elizabeth A. Neville
Town Clerk
Gregory F. Yakaboski, Esq.
Town Attorney
May 2, 2001
Jenkins to Town of Southold
SCTM #1000-102-2-2.3
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Suffolk County Clerk's Office Recording Page
· Suffolk County Recording & Endorsement Page
· Original Deed of Development Rights dated February 23, 2001, between Robert &
Joan Jenkins and the Town of Southold, recorded in the Suffolk County Clerk's
office on 3/8/01, in Liber D00012106 at Page 510.
Thank you.
Greg
/md
enos.
cc: Melissa Spiro, Land Preservation Coordinator w/enos.
Assessors w/enos.
Town Board w/o enos.
Land Preservation Committee w/o enos.
SUFFOLK COUN~¥ CLERK
RECORDS OFFICE
RECORDING PAGE
Tlr~e of Instrument: DEEDS/DDD
Number of Pages: 8
TRANSFER TAX NUMBER: 00-29526
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
102.00 02.00
EX~-~iI~ED A~-D CHARGED AS FOLLOWS
$0.00
03/08/2o01
02:21:31 PM
D00012106
510
Lot:
002.003
Received the Following Fees For
Page/Filing $24.00
COE $5.00
EA-STATE $25.00
Cert. Copies $0.00
SCTM $0.00
Comm. Pres $0.00
TRANSFER TAX NUMBER: 00-29526
THIS PAGE IS
Above Instrument
Exempt Exempt
NO Handling $5.00 NO
NO EA-CTY $5.00 NO
NO TP-584 $5.00 NO
NO RPT $15.00 NO
NO Transfer tax $0.00 NO
NO
Fees ~aid $84.00
A PART OF THE INSTRUMENT
Edward P. Romaine
County Clerk, Suffo~lk
Number of pages
TORRENS
Serial #
Certificate #
Prior Cfi. #
Deed / IVlortgage Instrument
Page / Filing Fee
Handling
TP-584
5
/g
500
Deed / Mortgage Tax Stamp
FEES
Notation
EA-52 17 (Couta39
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
Sub Total
GRAND TOTAL
Real Pre erty Tax Service A
.~ ~&~ fi) Dist. Section
Mtia~
Satishctions/Disch~ges/Releases List Prope~ Owners Mailing Addres~
RECO~ & ~TU~ TO:
,~ency Verification
B lock Lot
Recording I Filing Stamps
Mo~gageAmL
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. IVlTG. TAX
DuaI Town Dual County__
Held for Apportio/~nt ~
Transfer Tax L~- ~97f5~-)
Mansion Tax
The property covered by this mortgage is or
wii1 be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
of this instrument.
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
Title Company Inform3tion
Suffolk County Recording & Endorsemem Page
~p~efo~o.f~ea~ched ~ ~ ~¢~m* /4y/* madeby:
/~¢ ~ ~'"~ ~ ~eprenfiseshere~is simtedm
~ ~ ~ ~ smorr co~~, ~w
or ~.mev of ~P~
BO~S 5 ~U 9 ~ST BE D~ED OR P~D ~ B~ ~ O~' P~OR TO ~CO~G OR FE~G:
(OVER}
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this 23rd day of February, 2001,
BETWEEN ROBERT JENKINS and JOAN JENKINS, residing at 2800 Depot
Lane, Cutchogue, New York, 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;
WITNESSETH, that the party of the first part, in consideration of one
hundred eighty-nine thousand two hundred eighty-eight ($189,288.00 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 and right, as authorized by 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, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
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, bounded and described as follows:
BEGINNING at a point on the easterly side of Depot Lane at the northwesterly corner of the premises herein
described and the southwesterly corner of land now or formerly of Doroski;
RuNNTN.G THENCE North 50 degrees 06 minutes 40 seconds East along sam land now or formerly of Doroski
and. later through,other land of the party of the first part, 452.28 feet;
THENCE North 39 degrees 19 minutes 00 seconds West again through said land of the party of the first part,
226.76 feet to land now or formerly of Sacred Heart Cemetew;
THENCE along said land now or.formerly of SaEred Heart Cemetery the following three (3) courses and
distances:
z. North 49 degrees 52 minutes 30 seconds East, 437.04 fee[;
2. North 40 degrees 07 minutes 30 seconds West, :i. 30.00 feet; and
3. North 49 degrees 52 minutes 30 seconds East, 464.74 feet to land now or formerly of Scott;
THENCE South 42 degrees 48 minutes 25 seconds East along said land now or formerly of Scott, 626.85 feet
to a marble monument and land of Cutchogue Cemetew Association;
THENCE South 46 degrees 45 minutes 20 seconds West along said land of Eutchogue Cemetery Association,
399.02 feet to a monument and land now or formerly of Edson;
THENCE South 46 degrees 57 minutes 20 seconds West along said land now or formerly of Edson 548.69 feet;
THENCE South 41 degrees 57 minutes 30 seconds East still along said land now or formerly of Edson, 87.15
feet;
THENCE South 44 degrees 38 minutes 50 seconds West, 139.09 feet to a monument and land now or formerly
of Grattan;
THENCE North 39 degrees 17 minutes 10 seconds West along said land now or formerly of Grattanr 94.00 fee[
to a monument;
THENCE South 52 degrees ll minutes 30 seconds West still along said last mentioned land, 309.60 feet to a
monument and the easterly side of Depot Lane;
THENCE North 39 degrees 29 minutes 10 seconds West along said easterly side of Depot Lane, 314.28 feet to
the point or place of BEGINNING.
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 concerned.
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 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, 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 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 or 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 replacing 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
damages, 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, discharge or release of
solid wastes, pollutants or hazardous substances; or exposure to any chemical
substances, noises or vibrations to the extent they adse 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 thereafter 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 proposition submitted at a special or biennial
town election. No subsequent amendment of the provisions 0f 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.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.~...~.~'~ ~.
Sellers: ~enkj, ns ~ ,
j~L~ Jenkins~ -
Purchaser: Town of Southold
Jean W. Cochran, Supervisor
6
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the 23rd day of February, 2001,
ROBERT JENKINS, 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 and that by his
signature on the instrument, the individual, or the person upon behalf of which
Qualified ~n Suffolk County
COmmission Expires March 21, 20 ~'~
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On the 23rd day of February, 2001, before me personally appeared JOAN
JENKINS, 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 and that by her signature
· on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument·
//L~/"'-~~' /;~---,Y.~/~.~,/~ /%~ NOTARY PUBLIC; State of New~ork
Not~rv Public ( /' /% -- ~---- No. 02HA492702g
·: ~ / .; Qualified in Suffolk County
v Commission Expires M~rch 21, 20
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the 23rd 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~
No 02HA4927029
Qua!ified in. Suffolk County ~.._
~ommiesion Expires March 21, 2~
7
GREGORY F. YAILiBO Si~I
TOWN ATTORNEY
KATI~EEN MIJRRA¥
ASSISTANT TOWN ATTORNEY
PATRICLA A. FI3INE G3~N
ASSISTANT T0XXrN AT~DRNEY
JO SI-rUA Y. HORTON
Supem~i$or
Town Hall, 53095 Rou~e 25
P.O, Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
gr e g.yakabos~i~to~m.southold, ny. us
katbleemmu~ay~)to~at, southold, ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: September 18, 2002
Re: ROBERT & JOAN JENKINS to TOWN OF SOUTHOLD
SCTM #1000-102-2-2.3
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 23, 2001:
· Original Title Insurance Policy #RH80003260 issued by Commonwealth Title
Insurance Company in the amount of $189,288.00
Please keep this along with the original recorded deed that was forwarded to you on
. May 2, 2001.
Thank you.
Greg
/md
eric.
cc: Melissa Spiro, Land Preservation Coordinator w/enc.
COMMON~iVE.~LTH L_&ND T[ILE INSUP. ANCE COIqP3I~¥ OWNERfS POLICY OF TrrLE IblSLIRANCE
*'
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, FHE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
TI-He CONDITIONS AND STIPULA'f IONS, COglMON~ALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Cornpany, inaureS, as of Dare of Policy shown in Schedule A, agaiust loss or derange, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the e,tate~or interest descrtbed in Schedule A being vested other than as stated titerein; r
2. Any tiefect in or lieh or encumbrance on the title:
3. Unmarketabilk3 of the title;
4. Lack of a,rigin of access' to a~l from the land.
The Coml~any wi41 also pa3' the costs, attorneys' fees and expenses incurred in defense of the ritie, as in,ured, but only to the extent provided
hereunto al'fixecbby, its dMs.aarhorketi ofttcers, rite Policy to become valid when conntersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSU1LM'qCE COMPANY
By:
President
EXCLUSIONS FROM COVERAGE
The follo~ving matters axe ex'pressly excluded from the coverage of tins policy and.the Company ~ill not pay lo~a or damage, cost,, attorneys'
fees or expenses which arise by reason of:
(al AnY law, ordinmxce or governmental regulation (including but not limited to budding and zoning laws. ordinances, or regulations) restricting,
regulating prohibiting or relating to (il the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location of any improx e-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
wldch the land is or ,~as a part; or (ix') emfronmental pro£ecrion, ot the affe~ of any xinlation of these laws, ordinances or governmental re,la-
finns, except to the extent Ihat a notice of the enforcement thereof or a notice of a defect, llen or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (al above, except to the extent that a notice of the excrete thereof or a notice of a defect,
lien or encumbrance resulting from a ~inlafiou or alleged xqolation alfecting the land has been recorded irt the public records at Date of Pdi[cS.
2. Rights of eminent domain unleas notice of the exercise thereof has been recorded in the public records at Dare of Po[icy, bur not excluding
f~om coverage mty raking winch has occurred prior to Date of Polio, which would be binding on the rights of a purchaser for value without
'l,mowLadge.
3. Defects, lierts, encumbrances, adverse clalrm or other matters:
(al created, antlered, assumed or agreed to b} the insured clalmam;
(b) ~xot known ro the Company, not recorded in the public records at Da~ of Policy. but known to the insured claimant and not disclosed
in writing to the Company bi' the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the in~ured claLmant;
{all attaching or created subsequent m Date of Poli~y; or
(el resulting in loss or damage which would not have been'sustained if the insured claimant had paid value for the e~tate or interest insured
by this policy.
4. Any claim, ~hich arises ou[ of the transactinu v~fing in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or sirrdlar creditors' rights laws, tha~ is based on:
(al the rransacuon creating the estate or interest insured bs'rhis policy being deemed a fraudtdenr conveyance or fraudulent transfer; or
(b) the traruaction creating the estate or interest insuxed by rhL policy being deemed a preferential transfer except where the preferential transfer
re>ults from the failure:
(il m rknel} record the instrument of transfer; or
(ii) of such r~cordatton to impart notice to a purchaser for value or a judgment or lien creditor.
Valid Only If Schedules A and B and Cover Are Attached
ALTA Owner's Policy (10-17-92)
Form 1190-1 Face Page
ORIGINAL
F~B~ 83·. 8001~ 3: 8~q~q
· . : SCHEDULE
Amount.(ff ;nSUran~e: .$18.9~288.00
· De~:e of.Poticy: February
policy No,: RHSQO032G0
TOwN OF sOU-TI~ 0LD, a:munlcipel ~°rporaUon
' The eStet~ or in~l~es' t in. the land Which :~ covereil by this .poll~y
Development Rights
TIUe to the esta~.0r interest in the'land is vested in:
N0. 163
File No,:, RHB0003260
P. 2/3
TOWN·OF SOUTHOLD, a municipal corporaUon
8y deed r~ac~ ~¥,ROBERT 3ENI~NS and 3OAN 3ENKZNS, his wife f~ the ][NSUP, ED dated
February 23, 200~and ~o be recorded in the Offic~ of ~he Clsrk/P, eglster o1' SUFFOLK Count/.
The land referred to in this policy Is described on the annexed Schedule A - Description.
Counterslgnedi ·
/
Authorized Officer or Agent
Fee Policy Insert:
SCHEDULE B
Exceptions from Coverage
· , . NO. 1E~ P.S./3
File No~: RH~OO032~
ThLs~ohey~d~es no~m~ure agalnst-loss .or damage .Candthg company~ill ,nOt .pay. costs, attorrieys'
fees or expe.s~s) which aris~ by reason of the following:
Rights of tenbnts or p~rsons in possession.
2. Com~itmen~:~.land~.confl~ued Agricultural pmd,',ction set forth in Uber 106g0 page
3. Camm truant old*land,to COntinued Agrlcu[L1Jra product on set forth in. Libor 11230 page 372.
C~m~il~nent ~f!la '~Y~' ~nfihued. Agric-ltura]. production se~ forth In er 11357. page 70. .'.
' Comn~tment'of']an~d~b~ ~.orltinuad AGricultural'Production set forth'In Libar 11592 page 376.
6. commiLmant of lar~cl 'b3 continued Agricultural p~aduction set: forth in LIbar 1155~ page 973.
7, Drainage Easement and Right of Way. recorded Uber/Reel 8066 page. 15.
8. 2n~ half 2000/0l tOwn and schoot taxes,
9. Unpaid water charges to date, if any.
10.
Survey made by Peconic Surveyors, P.C. last revised February 1, 2001 shows premises improved by
nurseries, (a) pond In southerly part of premises, (b) dirt road and farm roads traverse premises,
chain link fence encloses extreme southerly portion of premises Csump area) with drainage easement
which leads on to same. No encroachments shown.
11.
Company excepts possible rights of others than the insured, in, to, and over the farm roads and dirt
roads as shown on the survey herein as described in Schedule "A"~ but policy will insure that the use
for Development Rights will net be disturbed by reason thereof and that fee [itle remains in the
insured.
Fee policy [nsert
AMENDED 2/14/2001
Fire No.: RH80003260
SCHEDULE A - DESCRI'PTI'ON
ALL that ce~-ain 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, bounded and described as follows:
BEGINNING at a point on the easterly side of Depot Lane at the northwesterly corner of the premises herein
;described and the southwesterly corner of land now or formerly of Doroski;
RUNNING THENCE No~h 50 degrees 06 minutes 40 seconds East along said land now or formerly of Doroski
and later through other land of the party of the first part, 452.28 feet;
THENCE North 39 degrees 19 minutes 00 seconds West again through said land of the party of the first part,
226.76 feet to land now o~f0rm~rly or'Sacred Heart Cemetery;
THENCE along said land now or formerly of Sacred Heart Cemetery the following three (3) courses and
distances:
1. North 49 degrees 52 minutes 30 seconds East, 437.04 feet;
2. North 40 degrees 07 minutes 30 seconds West, 130.00 feet; and
3. North 49 degrees 52 minutes 30 seconds East, 464.74 feet to land now or formerly of Scott;
THENCE South 42 degrees 48 minutes 25 seconds East along said land now or formerly of Scott, 626.85 feet
to a marble monument and land of Cutchogue Cemetery Association;
THENCE South 46 degrees 45 minutes 20 seconds West along said land of Cutchogue Cemetery Association,
399.02 feet to a monument and land now or fon-nerly of Edson;
THENCE South 46 degrees 57 minutes 20 seconds West along said land now or formerly of Edson 548.69 feet;
THENCE South 41 degrees 57 minutes 30 seconds East still along said land now or formerly of Edson, 87.15
feet;
THENCE South 44 degrees 38 minutes 50 seconds West, 139.09 feet to a monument and land now or formerly
of Grattan;
THENCE North 39 degrees 17 minutes 10 seconds West along said land now or formerly of Grattan, 94.00 feet
to a monument;
THENCE South 52 degrees 11 minutes 30 seconds West still along said last mentioned land, 309.60 feet to a
monument and the easterly side of Depot Lane;
THENCE North 39 degrees 29 minutes 10 seconds West along said easterly side of Depot Lane, 314.28 feet to
the point or place of BEGINNING.
Fee Policy Insert
Common l h.
File No..' RH80003260
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLZCY)
ATTACHED TO AND MADE A PART OF POLZCY NO. RH80003260
ZSSUED BY
COMMONWEALTH LAND TZTLE I'NSURANCE COMPANY
The following is added to the insuring prgvisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereofr 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."
The following is added to Paragraph 7 df the Conditions and Stipulations of this policy:
"(d) If ~he 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 rea[ 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 Exc!usions from Coverage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: February 23, 2001
Issued at:
Commonwealth Land Title I'nsurance Company
177 Old Country Road, PO Box 419
Riverhead, NY 11901
By
Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92)
TQlOO37NY (07/00)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity agaln~ acbaal mone~n3, Ioss or
damage susm/ned or incurred bv the insured clainaant who has suffered loss
or damage by reason of matrer~ insured against by this policy and only to
the extent herein descfihed'
(al The liability of the Company under this policy shall not exceed the
least of:
(J-) tha. Amoum of Insurance stated in Schedule A; or,
(i0 the difference between the value of the insured estate or interest as
insured and the value of the insured estnte or interest subject to the defect,
lien 6; engumbr_ance insured against by this policy.
(b);In the event the Amount of Iilsurance staled in Schedule A at the
Date df Policy is less than gO percent of the value of the in~mred e~tate or
interest or the lull considera6on paid for the land, wkichever is less. or ff
subs~c/uent to the Date of Polic5 aa improvement is erected on the land
whicI~incre~ses IM value of the nsured estate or interest by at least 20
perce~t, Over the Amount of Insurance stated in Schedule A. then this
Policy is subject to the following-
(~ where no subsequent improvement has been nmde, as to ~ny partial
loss, the Company shall only pay the loss,pro rata in the. proportion that
the amount of insurance al Date of Pulley bears to the total valutl of the
insured estate or liiZerest a~ Dale of Polic35 or
(it) where a subsequent improvement: has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amoum of Insurance stated in Schedule A heats to the
sum o£ the Amount of l~surance slated in Schedule A and the amount
expanded for the improvement.
The prox4sions of this @arageaph shall not apply to costs attoracys' Fees
aud expenses for which t~te Company is labia under th/s policy, and shall
only apply to that' portion of an), loss which exceeds, in the aggxegate, 10
percent of the Amount of insurance staled n Schedule A
(c) The Co~pany will pay only those'cOsts, attorneys' tees and expenses
incurred in accordance with Sectioe 4-OF Ihese Conditions and Stipulations.
8. APPORTIONMENT.
If the land descried in Schedule A consists of two or more parcels
which are not us~ as ~- sin~e site, and ,~ loss is e~ablished affecting one or
nmre of the parcels bur not all. the lois ~fiall be computed and settled on a
pro rata basis as if the amount of-inmr~nm,under this pulley was divided
pro rain as to the value on D/,te of Po~ cy of each separate parcel to the
whole, e~chisive of any improvements made subsequent to Date of Policy,
unless aHiability or value has other~i~ been agreed upon as to each parcel
by the Company and tha insured at the'time of the issuance of this pohey
and shown by an express statement or by an endorsement attached to this
CONDITIONS AND sTI~ULATIONS
(Continued)
(b) %~hen gability and the extent of loss or damage has been defithtely
fixed in accord~mce with these Conditions mad Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETI'LEMENT.
(a) The Company's Raght of Subrogation.
lg~nenever the Company shall have settled and paid a cIaim under this
policy, all fight of subrogation shall vest in the Company tmaffected by
any act of the i~ured claimant.
The Company sha~ be mbrogated to and b~ entitled to all fights and
remedies'which the insured claimant would.he_ve had against any person or
proper~y in re~eet to the claim had this policy not been issued. If
requested by the Company, the instated cinimmat, shall transfer to the
C~any ail rights and rean4dies against any person Or property r~ecessarv
in order to perfect this right, of subrogalion. The i~ured clafl~ant shall
permit the Company to sue, compromise or settIe in the. name of the
insured clasmant and la use the name of the insured ela~mmat .in any
transaction or litigation involving these fights or remedies. .
If a payment on account of a claim does not fully cover the loss of the
h~mred claimant, the Compaq) shall be subrogated to the~e rights and
remedies in the proportion which the Companfs pa~,ment hears to the .
~chole mount of the loss.
If loss should resuh from any act of the insured clalmzaxt, as stated
above, that act shalI not void this policy, but the company, m that event,
shall be required to pay only that par~ of any losses hisured against by this
policy which shall exceed the amount, if any, Iost to the Company. by
reason of the impairment by the hisured claimard of the Company's fight
of subrogation.
(b) The Company's Pdghts Against Non-insured Obligors.
The Compans's right of subrogation against non-insured obligors shaIl
ealst and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other poi/cues OF insurance or bond&
notwithstanding an)' terms or conditions contained in those instruments
which pr~vlde for subrogation fights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law. either the Company or the insured
tony"demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association_ Arbitrable matters may include,
but are not limited to, any controversy or claim hetween the Company and
Ihe insured arising out 6f or relating to this policy, any service of the
CompFuy jn con~tection with its issuan~ or the breach of a policy
provlsmn or other obligation. Al/ arbitrable matters when the Amount of
Insurance is gl,000,000 ~r less shall he arbitrated at the option of eitller the
Company or the insured. All arbitrable matters when the Amount 6f
Insurance is in excess of $1,000.000 shall be arbitrated ouly when a~reed to
9.,LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy
(al If the Company establishes the title, or remoxes 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 right of across to or from the ' made or at the option of the insured, the Rules in effect at Date of Pohe)
land, or cures the claim of unmarketability of title, all as insured, in a shall be .binding upon the parties The award may include attorneys' fees
reasonably diligent manner b) any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter mad shall not be liable for an) loss
or damage caused thereby.
(b) In the event of an)' litigation, inc uding litigation by he Company
or with the Company's consent, the Company shag have-no liability for
loss or damage until them has been a final determination by a court of
competent jut sdlatinn, and disposition of nlI appeals therefrom, adveme to
the title as in~mred.
(el The Company shall not be liable for loss or damage to an)' insured
for liability voluntarily assumed by the insured in settling any claim or~uit
'~4thout the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for cos s,
attorneys' fees and expenses, shall reduce the amount of the insuranm pro
tanto.
11. UABILITY NONCUMULATIVE
~ l~ exptes~15 nnderstood that the amount of insurance under fins policy
shall be reduced by allsr a~nount the Company ma3 pay under ally po cy
insuring a mortgage to wlfich exception is taken in Sckedule B or to which
the insured has a~eed, assumed, or taken subiect, or which is herefftor
executed b~ an insured and x~.kich is a charze or ~iea on the estate or hiterest
described or refen'ed to ixa Schedule A- and the amount so paid shall be
deemed a pa?merit under this policy to the insured owner.
12. PAYMENT OF LOSS.
(al No payment shall be made wtiheut produc n; this pulicy for endorsement
of [he payment unless the pulicv has been os or d~stroyed, in ~ high ease proof
of loss or destruction shall be'furnished to the satisfaction of the Company.
NM 1 PA 10
ALTA Owner's Poli~y (10-17-92)
Form 1190-3 Cover'Page ORIGINAL
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevaii/ng party. Judgment upon the awaffd
rendered 'by the Arbitrator(s) may be entered in any court 'having
jurisdiction thereoi/
The law of the situs OF the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A cop5, of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(al This policy together with all endorsements, if an~. attached hereto
by the Compan) is the entire policy and contract hetween the insured and
the Company. In interpreting any p. rox4sion of this policy, this policy shall
be construed as 'a wliole. '
(b) Any c a m of loss or damage, whether or not based on negligence,
and x, hlah arises out of the status of the title to the estate or interest
covered hareby or by an) action asserting such claim, shall be restricted to
this pulicy.
(c) No amendment of or endorsement to this pollay can be made
except b3 a writing endorsed hereon or attached hereto sinned by-either the
President. a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the e?nt an)' provision of the polio3 s held inva d or unenforceable
under applicable law the policy shall be deemed not to include that provi-
stun and ali uther prox4sinns shall remain in full force and effect.
17. NOTICES, WHERE SENT.
Valid Only IF Face Page, Schedules A and B Are Attached