HomeMy WebLinkAboutSchreiber, Robert · JOSHUA ¥. HORTON
GREGORY F. YAKABOSKI ~-~k.v . Supervisor
TOWN ATTORNEY
Town Hall, 53095 Route 25
P.O. Box 1179
KATHLEEN MURRAY ~ Southold, New York 11971-0959
ASSISTANT TOWN ATTORNEY Telephone (631) 765-1939
e-mail:
greg.ymkabeski@to~m.southold.ny.us
PATRICIA A, FINNEGAN kathleen.murray@~own.southold, ny. us
ASSISTANT TOWN ATTORNEY patricia.fmnegan@town.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: January 3, 2003
Re: ROBERT SCHREIBER to TOWN OF SOUTHOLD
SCTM #1000-95-1-4
Development Rights Easement
Betty:
Enclosed for safekeeping in your office, please find the following document in relation to
the above closing that was held on April 15, 2002:
· Original Title Insurance Policy #RH80014995 issued by Commonwealth Title
Insurance Company in the amount of $645,400.00
Please keep this policy with the original recorded deed that was previously forwarded to
your office on June 21,2002.
Thank you.
Greg
/md
encs.
cc: Mefissa Spiro, Land Preservation Coordinator w/enc.
=
CO~avtONWEALTH L',ND TrrLE INSUe.~C]~ COMP_~L~R' OWNER'S POLICY OF TITLE INSURANCE
SUBJEC, fO THE EXCLUSIONS FROM COVEP~GE, THE EXCEPTIONS FROM COXqSRAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS ~D STIPULATIONS, COMMOnWeaLTH L~D TITLE INSU~NCE COMPLY, a Pennsylvania corporation, herein
called the Comply, ~sures. as of Date of Poilcy shown in Sched~e A, against lo~s or dmage, nor ~xce~ng the ~oum of Insurance stated
in Sched~e A, susr~ned or incited by the insured by reason oE
1. Tire to the estate or interest described in Schedule A being vested o~er th~ as stared therein;
2. Any defect in or 5eh or encumbrance on the rifle;
3. UnmarketabiSty of the titie;
4. Lack of a ~h~ of access to ~d from the land.
the Company x~ also pay the costs, attorneys' fees and expense~ incurred in defense of the nde, as in,ured, but o~y to the extent provided
in the Conditions ~d Stipu~fions.
IN WI~SS W~OF, COMMONWEALTH L~D ~ITLE INSU~NCE COMPANY ha~ caused li~ corporate name ~d seal to be
hereunto afl&ed by its dffiy authorized officen the Policy to become valid when countersigned by an authorized officer or agent of the Comply.
CO~IONWE~T~ L~ T~LE ~S~NCE COMPANY
~ ~ By: ~ ~
Secret' ~esident
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coxerage of this policy and the Company will not pay [oss or damage, costs, attorneys'
fees or expenses which arise by re,on of:
1. (a) Any law, ordinance or goverrmxental reliction (including but no~ limited to building and zoning law~, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, uae, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or axea of the land or any parcel of
which the land is or was a Dart; or (iv) emqronmemal protection, or the affect of any xSdiauon of these la~ s, orchnances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alteged violation alleging the land has been recorded in the public records at Date of Policy.
(b) Any goxerranenrai police power not excluded by (a) abo~e, except to the extent that a notice of the exercise thereof or a notice of a defect.
lien or encumbrance resulting from a violation or alleged violation affectLag the land has been recorded in the public records at Date of Pdiicy.
2. Rights of eminent domain unless notice of the exercise thereof h~s been recorded in the pubhc record~ at Date of Policy, but not excluding
from coverage any taking whSch has occurred prior to Date of Policy which would be binding on the rights of a purchaser for ~aiue without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not knox~m to the Company, not recorded in the public records at Date of Policy, but known It) the insured claimant and not disclosed
in ,~iting to the Company by the insured claimant prior to the date the insured claimant becz~me an insured under this policy;
(c) resuhing in no los~ or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this pdiicy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest ir~ured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or ~imilar creditors' righis law~, that is ba~ed on:
(a) the transaction creating the estate or interest inaured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential crmasfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA10
ALTA Ow~r'~ P~licy (10/17/92) Valid only if Schedules A and B and Cover am attached
Face Page
F 'm 11~n-1A c -'~l
APR. 15. 2002 12:,1,5. PM '-, CLTIC RIVERHEAD ' NO. 9,70, P. 2/4
File No.: RHS0014ggs
SCHEDULE A
Cormon w
Amount of Tnsursnce; $645t400.00 Policy No,; RH80014995
Date of Polio.y: April 15, 2002
1. Name of Tn~ured-'
TOWN OF SOUTHOLDr a municipal corporation
2. The estate or interest in the land which is covered by this p=licy is:
Development Rights
3, Title to the estate or interest in the land is vested in:
TOWN OF $OUTHOLD, a municipal corporation
By deed made by ROBERT SCHREIBER to the INSURED dated April 15, 2002 and to be recorded
the O~ce 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
AP,R, ~. 2Ci02-i2~I-BP~i~CLTIC RIVERHEAD ' NO, 92!. P. 2
File Ho,; R}IBD014995
SCHEDULE
Exceptions from Coverage
This poli~ do~ not insu~ again~ Io~ o~ damage (~nd the Compar~y will no~ p~y cos~, a~orn~;'
fees o~ =pen;e~) which ~ri~ by reason o; ~e following:
Righ~ of ~en~n~s or pe~ons in posse~ian.
2. Su~ey made by ]aha C. Ehlers Land Suw~yor last date~ 03/04/0~ ~vering premiss and more shows
subject premises as vacant land, .a)Vineyard shown, b)Di~ farm Iroad in e~stefly area, subje~ to
easemen~ rights of athem than the insured in, to ~nd over same. No other variations or
encroachments.
3. No title is insured to any lands now or formerly below the high water line of LONG ZS~ND SOUND.
Riparian rights of othem fronting on LONG [S~ND SOUND.
Riparian Hghts of the insured over LONG [5~ND SOUND are not insured.
6. Rights of the Governmen~l Authofi[ies to improve naviga~on and change bulkhead lines without
compensation to upland ownem.
7. Subje~ ~ the rights of the public to navigate ~he waters of LONG ~S~ND SOUND.
8. Deda~fion re~rded in Libor [2109 p~ge 66~.
g. Private Well Covenants, Declaration of Covenan~ and Restriction~s reco~ed in Libor [2148 page 3~,
[0. Unpaid water charges to da~e, jf any,
11. ~e ~ax search herein shows a pa~ial or full ~empfion from ~axation. The exemption from ~axation
will ~erminate immedia~ly upon the transfer of title to the insured. Po(icy excepts the lien of restored
[axes, plus penalty and interest, if any.
12. 2001/02 Town and School t~es.
Fee Policy Inser~
APR. 15.2002I>4 PIM 'o CLTIC RIVERHEAD ' N0.995. P,2
File No,~ RJ-180014995
SCHEDULE A - DESCRIPTTON
AMENDED 04/~.2/02
ALL that certain plot, piece or parcel of land, situate, lying and being at FJa~ituck~ Town of $outhold, County
of Suffolk and State of New York, being bounded and described as follows:
BEGINNING at: a point on the northwesterly side of Oregon Road distant Northeasterly 2E.10 feet as measured
aJong same from a monument: being Iocat:ed 3;15,E:19.4~. feet North of a ~oin~: which is ;I.,;392~354.S! feet: East
of a monument marking the Geodetic Marker "Felix"; said monument also being South ~4 degrees ;ZS minutes
24 seconds We~ [0,585.00 feet f,om Geodetic marker "Felix";
RUNNING THENCE from said point of beginning along other land now or formally of Schreiber the following
five (5) courses and distances,
North 45 degrees 36 minutes 1~ seconds West, ~.~70.a8 feet;
:2. No~h 45 de~rees 43 minutes 13. seconds West, 1470.95 feet;
3. North 4S degrees ~.6 minutes 3:l seconds Wes~ 389.34 f~t:~
4. North 35 degrees 02 minutes 18 seconds Eas~, 20S.45 fe~t;
5. North 23 degrees 39 minutes 45 second~ East/269.99 f~t to land now or
formerly of Luig[ Bandenchini;
RUNNING THENCE along said lands South 46 degrees 26 minutes 51 seconds Eas~, 2783.37 feet to other land
now or formerly of Schreiber,
P, UNN[NG THENCE along said land the following ~wo (2) courses and distances;
South 43 degrees 33 m[nu~e5 09 seconds West~ 300.00 feet;
2. South 46 degrees 26 minu~es 51 seconds East:, S73.34 feet to the
Northwesterly side of Oregon Road;
P, UNN[NG THENCE along t;he Nor~hwesteHy side of Oregon Road the following [~vo (2) courses and distances,
South 46 degrees 21 rain-tea 39 seconds West, 151.97 feet;
2. ~outh 35 degrees ~2 minutes 3g seconds West, 52.29 feet to t:he point or
place of the BEGINNING.
Fee Policy ~nser~
File No.: RH80014995
Common,? a ff h.
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLi'Cy)
ATTACHED TO AND PlADE A PART OF POLZCY NO. RH80014995
TSSUED BY
COMMONWEALTH LAND TZTLE TNSURANCE COMPANY
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereaffer 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) Tf the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or encumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless
otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is
subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: April 15, 2002
Issued at:
Commonwealth Land Title Znsurance 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)
TQ10037NY (07/00)
..... CONDITIONS AND STIPULATIONS
(Con~nuedl
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) Wtten liability and the extent o1' loss or damage has been defialtely
Tlfis pohcy is a contract of indemult)r against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or
damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter.
or damage by reason o~' matters insured against by this polio' and only to 13. SUSRO°-ATION UPON PAYMENT OR SETTLEMENT.
the extent herein descrJbgd.
la) The liability ot- the Company under this policy shall not exceed the ia) The Company's Right of Subrogation.
least of: Whenever the Company shall have settled and paid a claim under tiffs
policy, all r/~dat of subrogation shall vest in the Company unaffected by
(il the Amount or- Insurance stated in Schedule A; or. any act of the insured claimant.
(ii) the difference between the value of the insured estate or interest as The Company shgll be subrogated to and be entitled to all rights and
· insured and the value o£ the insured es*ate or interest subject to the defect, remedies which the insured claimant would here had against an~, person or
lien or encumbrance imured against by this policy, property in respect to the claim had this policy not been issued. It'
lb) In the event the Amount of Insurance stated in Schedule A at the requested b3 the Company. the insured clalmmat shall transfer to the
Date ot- Policy is less than g0 percent of the value of the insured estate or Company ali rights mad remedies against an3 person or propert5 necessary
interest or the t-ull consideration paul for the land, whichever is less, or [f in order to perfect tkis right af subrogation. The insured claimant shall
subsequent to the Date or- Policy an improvement is erected on the land permit the Compan3 to sue, compromise or settle in the name of the
which increases the value of the insured estate or interest ba, at least 20 insured claimant and to use the name of the insured claimant in
percent met the Amount al' Insurance stated in Schedule A, then this transaction or litigation invoMng these rights or remedies.
Policy is subject to the following: If a payment on account of a claim does not tully cover the lo~s of the
(il where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these ri~dats and
loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's paymem bears to the
the amount of insurance at Date of Policy bears to the total valuff of the whole amount of the inst.
it~sured estate or interest at Date of Pohcy; or If loss should result from an), act of the insured claimant, as stated
(ii) where a subsequent impaovement has been made~ as to anD' partial above, that act shall not void tkis policy, but the Compaus, in that e~ent,
loss. the Company shelI ouly pa3 the loss pro rata in the proportion that shall be required to pay only that part of any losses insured a~ainsl by this
120 percent of the Amount of Insurance stated in Schedule A bears to the polica, v,h[ch shall exceed the amount, it' ~ay lost to the ~2ompany by
sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right
expended for the improvement, of subrogation.
The provisions of this para~aph shall not apply to costs, attorneys' lees lb) The Compar~y's Rights Against Non-insured Obligors.
and expenses for which the Company is liable under this pobcy, and shat[ The Company's right ot- subrogation against non-insured obligors shall
only apply to that portion of any loss v, hicb exceeds~ in the aggregate, l0 exist and shall include, without limitation, the rights ot- the insured to
percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies o~ insurance or bonds,
lc) The Compan5 will pay only those costs, attorneys' tees and expenses notwithstanding any terms or conditions contained in those instruments
thcurred in accordance with Section 4 of these ConditiOns and Stipulations. which provide for subrogation rights by reason of this policy.
8. APPORTIONMENT. 14. ARBITRATION
If the Iand described in Sphedule A consists or' two or more parcels
which are not used as a single site. and a loss is established allotting one or Unless prohibited by applicable law, either the Company or the insured
more of the parcels but not aIl~ the loss shall be computed and setded on a ma5' demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American ~rbitration Association. Arbitrable matters may include.
pro rata basis as if the amount of insurance under this polic3 was divided but are not limited to. anD controversy or claim between the Company and
pro rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this pobcy, an5 service of the
whole, exclusive of any improvements made subsequent to Date of Polic3, Company in connection with its issuance or the breach of a polio3
unless a liability or ~alue has 6thervrise been agreed upon as to each parcel provision or other obligation. All arbitrable matters when the ,&.mount of
b) the Company and the insured at the time or- the issuance of this policy insurance is gL000.000 or less shall be arbitrated at the option o£ either the
and shewn by an express statmmeat or by an endorsement attached to this Company or the insured. Ali arbitrable matters when the Amount
polic~,. Insurance is in excess of S 1.000,000 shatl be arbitrated ouly ~ hen agreed to
9. LIMITATION OF LIABILITY. by both tire Compan3 and the insured. Arbitration pursuant to this policy
and under the Rules in et-feet on the date the demand for arbitration is
(al If the Company estabgsbes the title, or removes the alleged detect, made or. at the option of the insured, the Rules in eli'eot at Date of Polic)
lien or encumbrance, or cures the lack o£ a fight of access to or from the shag be binding upon the parties. The award maD include attorness' tees
land, or cures the claim o£ unmarketability of title, all as insured, in a only if the laws of the state in which the land is located permit a court to
reasonably diIigent manner by any method, including litigation and the award attorneys' tees to a prevailing party. Judgment upon the award
completion of any appeals there[rom, it shall have thgy performed its rendered by :the Arbitratorlsl may be entered hi any court ravine
obligations with respect to that matter and shall not be liable for any loss -
or damage caused thereby, jurisdiction thereol-.
The la~ of the sims of the land shall apply to an arbitrafion under the
lb) In the event ~f anD' litigation, including litigation b5 the Company
or with the Compan~,'s consent, the Company shall have no liability t-or Title Insurance Arbitration Rules.
loss or damage until there has been a final determination by a court of A copy of the Rules maD' be obtained t-rom the Company upon request.
competent jurisdiction, and~ disposition of all appeals therefrom, adverse to 15. MABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the title as insured.
lc) The Company shall not be liable for loss or damage to any insured CONTRACT.
for liability voluntarily assumed by the insured in settling any claim or suit (al This policy together with all endorsements, if anD'. attached hereto
v,4thout the prior written consent'of the Company. b~. the Compony is the entire policy and contract between the ittsured and
the Company. In interpreting anD' pro'~fs on of this policy, this policy shall
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINAIION be construed as a whole.
OF LIABILITY. Pm Any claim of loss or d~anage, whether or not based on negligence.
All pasma~mts under this policy, except payment~ 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 any action asserting such claim, shall be restricted to
tanto, this policy.
No amendment of or endorsement to this policy can be made
11. LIABIUTY NONCUM HI-ATIYE exce~/by a writing endorsed hereon or attached herete signed by.either the
It is expressly mtderstood that the amount of insurance under this policy President, a Vice President, the Secretars. an Assistant Secretary. or
shall be reduced b3 an? amount the Company may pay under any policy ~alidating officer or authorized sigaatoD' of the Company'.
insuring a mortgage to which exception is taken in Schedule B or to ~ hich 16. SEVERABILITY.
the insured h&s ag~'eed, assumed, or taken subject, or wirier is hereafter
execuredbytminsttredm~dwhichis achargeorlienontheestateorinterest In the e~ent any provision or- the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
described or referred to in Schedahi A, and the amount so paid shall be sion and all other provisions shall remain in t'ull [orce and effect.
deemed a payraent under this policy to the insmed o~mer.
17. NOTICES, WHERE SENT.
12. PAYMENT O F LOSS. All notices reqmred to be given the Company and any statement ~ writing requh'ed
a No payment shall be made ~i[llOUt producing this po cy [or endorsemen to be furtdshed the Company shall include the ntm~ber of rids policy and shall be
o f the pa3 merit unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction or- the Company. addressed to: Consnmer.~airs DepartmenL P.O. Box 27567, Richaaoad, Virghaa
23261-7567.
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 CoverPage ¢- ,~ ~,~ V~':~C'vlrF* ~P~' * '~' ~B~*
JOSI-IUA Y. HORTON
GREGORY F. YAKABOSKI ~,v Supervisor
TOXYN ATTORNEY [~v~ To~xm Hall, 53095 Route 25
P.O. Box 1179
Souihold, Ne,v York 11971-0959
Telephone (631) 765-1889
greg.yakaboski@t own.sour hold. ny,us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: June 21,2002
Re: Robert Schreiber to Town of Southold
Deed of Development Rights
SCTM #1000-95-1-4
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 April 15, 2002, between Robert
Schreiber and the Town of Southold, recorded in the Suffolk County Clerk's office
on 5/13/02, in Liber D00012185 at Page 535.
Thank you.
Greg
/md
encs.
cc: Melissa Spiro, Land Preservation Coordinator w/encs.
Assessors w/encs.
Town Board w/o encs.
Land Preservation Committee w/o encs.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: DEEDS/DDD Recorded: 05/13/2002
Number of Pages: 9 At: 03:04:55 PM
TRANSFER TAX NUMBER: 01-39073 LIBER: D00012185
PAGE: 535
District: Section: Block: Lot:
1000 095.00 01.00 004.000
E~MI.N-ED ~_ND CF3%RGED AS FOLLOWS
Deed Amount: $645,400.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $27.00 NO Handling $5.00 NO
COE $5.00 NO EA-CTY $5.00 NO
EA-STATE $25.00 NO TP-584 $5.00 NO
Cert. Copies $0.00 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm. Pres $0.00 NO
Fees Paid $102.00
TRANSFER TAX NUMBER: 01-39073
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
JUN 21 2002
TOWN A"FTORNEY'$ OFFICE
TOWN OF SOUTHOUD
TORRENS ~ ...... ~ :-~ ' ~Z
L
Certificate # ~
L:Tg
I~ior Ctf. #
Deed / Mo~gage [ns~ment Deed / Mortgage Tax Stamp Recording / Filing St~ps
4 I FEES
Page / Filing Fee ~ ] Mo~gage ~t.
Handling ~ 1. B~ic Tax
TP-584 ~ 2. Additional Tax
Notation Sub Total
~-52 ~7 (Co~n~,)~ ~ Su~ Xo~ N & Sp~./~it.
0r
EA-5217 (State)
Spec./Add.
~ ~fl ~ Dfial Town Dual County
Co~. of~. 500 ~ ~
'J, Held for Appotlionment
Affidavit ' Trmsfer Tax
Ceaified Copy ~ Mansion Tax
The prope~ covered by this mo~gage is or
will be improved by a one or two family
Reg. Copy ~ ~ ~ dwelling only.
Sub Total
Other YES ~ or NO
~ G~ND TOTAL ~ ~ ~ If NO, see appropriate tax clause on page
of this ~stmment.
5 [ Real Prope~ T~ ~em4ce Agency Verification [ 6 C0~i~ Prese~wation Fund
stamp 02007062 i000 09500 OlO0 004000 ~ CPF Tax Due
Date ~ 8SI ~h Improved
Initials [~~ ' / Vacant kand
~ Satisfactions/Discharges/Releases List Pr~~wl~ddresSREcO~ & ~TU~ TO: ~ TD
8 I Title Company Information
Title ~ ~H ~0/~ ~
' I Suffolk County Recording & Endorsement Page
~s~gefo~of~ea~ched ~ oF ~-~W~~ ~/~ made by:
(SPEO~ ~E OF~S~ )
~Z,~ ~~ ~e pre~ses herein is si~ted ~
S~OLK CO~, ~W 1ro~
In the ~LLAGE
BO~S 5 ~U 9 ~ST BE ~ED OR P~D ~ BLACK ~ O~5 P~OR TO ~CO~G OR FIL~G.
(owR}
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this 15th day' of April, 2002,
BETWEEN Robert Schreiber, residing at 6175 Oregon Road, Cutchogue, New York,
party of the first part,
~® the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at 53095 Main Road (Route 25), Southold, Town of Southold,
County of Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the flu:st part, in consideration of SLX
HUNDRED FORTY-FIVE THOUSAND FOUR HUNDRED ($645,400.00) 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 £orever, THE DEVELOPMENT RIGHTS, by wh/ch is meant the
pem~anent legal interest and right, as authorized by section 247 of the New York State
General Municipal Law, as amended, to pem~it, require or restrict the use of the premises
exclusively for agricultural production as that term is presently defined in Chapter 25 of
the Toxxm 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:
e No,: RH80014995
· SCFLEDULE A - DESCRTPTTON
AMENDED 05/01/02
ALL that certain plot, piece or parcel of [and, situate, lying and being at Mattituck, Town of Southo[d, County
of Suffolk and State of New York, being bounded and described as follows:
BEGTNNING at a point on the Northwesterly side of Oregon Road distant Northeasterly 2S.:L0 feet as measured
along same from a monument being referenced t:o the New York State Plane Coordinate System by the
coordinate value 315,519.42 feet North 1,392~354.5~. feet East said monument also being south 64 degrees
25 minutes 24 seconds West, 10,683.00 feet from Geodetic marker "Felix"
RUNNING THENCE from said point of beginning along other land now or formerly of Schreiber the following
five (5) courses and dis~:ances,
1.. North 45 degrees 36 minutes 11 seconds West, 1370.88 feet;
2. North 45 degrees 43 minutes 11 seconds West, 1470.93 feet;
3. North 45 degrees 16 minutes 31 seconds West, 389.34 feet;
4. North 35 degrees 02 minutes t8 seconds East, 205.45 feet;
5. North 23 degrees 39 minutes 45 seconds East, 269.99 feet to land now or
formerly of Luigi Bandenchini;
RUNNING THENCE along said lands South 46 degrees 26 minutes 51 seconds East, 2783.37 feet to other land
now or formerly of Schreiber,
RUNNING THENCE along said land the following two (2) courses and distances;
1. South 43 degrees 33 minutes 09 seconds West, 300.00 feet;
2. South 46 degrees 26 minutes 51 seconds East, 573.34 feet to the
Northwesterly side of Oregon Road;
RUNNING THENCE along the Northwesterly side of Oregon Road the following two (2) courses and distances,
South 46 degrees 21 minutes 39 seconds West, 151.97 feet;
2. South 39 degrees 22 minutes 39 seconds West, 52.29 feet to the point or
place of the BEGINNING.
Title Report
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 fines 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
concemed.
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 pm~y of the first pater covenants that the part)- of the first part has not
done or suffered anything whereby the said premises have been enctunbered 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 pttrpose of agricultural
production.
AND The party of the first part, as a covenat~t running with the land in perpetuity,
fm-rher covenants and agrees for the part), of the first part, and the heirs, legal
representatives, successors and assigus of the party of the fu:st part, that the parcels of
real property described herein are open lands actually used in bona fide agricultural
production as def'med in GML section 247 and shall remain open lands actually used in
bona fide agricultural production. Tlfis covenant shall nm with the land in perpetrdty.
AND the party of the first pmx, covenants in all aspects to comply ~vith 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 covenant
and a~ee 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 agficulrm-al production and the om'antor covenants and agrees that the
anderlying fee title may not be subdivided into plots by the filing of a subdivision map
pursuant to Sections 265, 276 and 277 of the Tox~m law and Section 335 of the Real
Property Law, or any of such sections of the Toxvn or Real Property Law or any laws
replacing or in furtherance of them. The underlying fee may be divided by conve)rance of
parts thereof to heirs and next of kin, by will or by operation of law, or x~'ith the x~titten
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.
THE word "party" shall be construed as if it reads "parties" whenever the sense of
this indentttre so requires
4
THE party of the first part, the heirs, legal representatives, successors and assigus
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 covermnt shall nm
xvith the land in perpetuity.
THE party of the first part, its heirs, legal representatives, successors and assigus
of the party of the first part covenants and agrees that it shall indemnify and hold party of
the second part and m~y 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 lhnitation, responsibility for legal, consulting, engineering
and other costs and expenses which may arise out of (I) any inaccm'acy or
misrepresentation in any representation or warranty made by seller in this agreement; (2)
the breach or non-performance of any covenants required by this agreement to be
per£ormed by the party of the first part, either prior to or subsequent to the closing of title
herein; or (3) any action, stilt, claim, or proceeding seeking money damages, injunctive
relief, remedial action, or other remedy by reason of a violation or non-compliance with
any environrnental law; or the disposal, discharge or release of solid wastes, pollutants or
hazardous substances; or exposure to any chemical substances, noises or xdbrations to the
extent they arise fi.om the ownership, operation, and/or condition of the premises prior to
5
or subsequent to the execution of the deed of Development Riodats. Tkis covenant shall
run with the land in perpetnity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Tow'n pursuant to the provisions of that
chapter shall not the/eafter be alienated, except upon the affirmative vote of a majority of
the Town Board after a pnblic heafiug 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 of this subsection shall alter the limitations imposed upon
the alienation of development rights acquired by the Town prior to any such amendment.
This covenant shall run with the land in perpetuity.
The following shall be a covenant rmming with the land in perpetuity subject to
the Town receiving grant money from the New York State Deparanent of Agriculture
reimbursing the Town for the partial or total purchase price of this interest in land: "all
amendments to the approved easement (the covenants and resuictions set forth in this
Deed) must be authorized by tlie New York State Department of Agricultm-e"
This covenant shall run with the land in perpetuity.
The following shall be a covenant rumfing with the land in perpetuity subject to
the Town receiving grant money from the United States Department of Agriculture
(USDA) Farmland Protection Program reimbursing the Town for the partial or total
purchase price of this interest in land: "Contingent Right in the United States of America:
In the event that the cotmty or local government and approved co-holding land trust, if
any, fails to enforce any of the terms of tiffs easement [or other interests in land], as
determined in the sole discretion of the Secretary of the United States Department o£
Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall
have the right to enforce the terms of the easement through any and all anthorities
available under Federal or State law. In the event that the county or local govermnent
and approved co-holding land trust, if any, attempts to terminate, transfer, or otherxvise
divest itself of any rights, rifle, or interests of this easement [or other interests in land]
without the prior consent of the Secretary of the United States Department of A~iculmre
and payment of consideration to the Utffted States, then, at the option of such Secretary,
all ri~t, title, and interest in this easement [or other interests in land] shall become vested
in the United States o£ America. Tiffs covenant shall run xvith the land in perpetuity
IN WITNESS WHEREOF, the party of the first part has thdy executed this
deed the day and year first written above. /~ ,4
Purchaser: To~m of 7hold
By: //~~ff
Jo~t~ Y. Ho~xon, Supervisor
7
STATE OF NEW YORK )
SS2
COUNTY OF SUFFOLK
On the 15th day of April, 2002, before me personally appeared ROBERT
SCHR~IBER, personally knox~m to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument aud
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 the individual acted,
executed the insmmaent_
ary ~.J NOTARY. PiJBL{C, State of New Ym~
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On the 15th day of April, 2002, before me personally appeared JOSHUA Y.
HORTON, personally knowu to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the ~4fl~in instrument and
ac ~knowledged to me that he executed the same in his capacity as Supervisor of the
TOVeN OF SOUTEiOLD, and that by his signature on the instrument, the individual, or
the municipal corporation upon behalf of which the individual acted, executed the
instrument.
Notary Public ~ ~>
KAREN J HAG~N
NOTARY PUBLIC, S';ate of New York
No, 02HA4927029
Qualified in Suffolk CounW
8
ELIZABETH A. NEVILLE Town H~I, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTP~kR OF VIT.kL STATISTICS Southold, New York 11971
I~LtRRLiGE OFFICER Fax (631) 765-6145
RECORDS I~IANAGEMENT OFFICER Telephone (63i) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.norihfork.net
OFFICE OF TI-I~ TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 59 OF 2002 WAS
ADOPTED AT THE REGULAR MEETING OF ~ SOUTHOLD TO~'4 BOARD ON
JANUARY 15, 2002:
~,~,~-IEREAS the Town Board of the Tovn~ of Southold held a public hearing on the question of
the purchase of development rights of agricultural lands for a certain parcel of property o~vned
by Robert Sckreiber on the 15th day of January 2002, pursuant to the provisions of Chapter 25
(Agrictdtural Lands Preservation) an~or Chapter 6 (Community Preservation Fund) of the Town
Code, at which time all interested parties were Wen the opportmfity to be heard; and
WHEREAS, the Town Board deems it in the public interest that the Tow-n of Southold purchase
the Development Rights of these agricultural lands, now therefore be it
RESOL~ED that the Town Board of the Towa~ of Southold hereby elects to I)urchase the
develol)ment riehts of a certain I~arcel of ~ro~)ertv of a~ricultural lands owned by Robert
Schreiber~ said property is idcn~tified as SCTM# 1000-95-1-4, and is located on the north side of
Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in
Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the 47.4
acre farm. The exact area of the development rights easement is to be determined by a town
provided survey, acceptable to the Land Preservation Committee prior to the contract closing.
The purchase price is $20,000.00 (twenty thousand dollars) per acre and is pursuant to the
provisions of Chapter 25 and/or Chapter 6 of the Code of the Tox~m of Southold_
Elizabeth A. Neville
Southold Town Clerk
PUBLIC HEARING
JANUARY 15, 2002
7:35 P.M.
ON THE PURCHASE OF DEVELOPMENT RIGHTS ON AGRICULTURAL LANDS OF
SCHREIBER, OREGON ROAD, CUTCHOGUE, SCTM #1000-95-1-4.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D_ Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
To~xm Attorney Gregory A. Yakaboski
COUNCILMAN WICK_HAM: "NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold hereby sets 7:35 P.M., Tuesday, January 15, 2002, Sonthold Town Hall, 53095 Main Road,
Southold, Nexv York as the time and place for a public heating on the question of the purchase of
development rights of a certain parcel of property fi:om Robert Schreiber, under Chapter 25 and/or
Chapter 6 (2% Co~mnmtity Preservation Fund) of'the Town Code.
Said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Ore,on
Road, approximatelv 350' west of the intersection of Alvah's Lane and Ore,on Road, in
Cutcho~ue. The development rights acquisition comprises al~proximatelv 32.27 acres of the 47.4
acre farm, at a purchase price of $20,000 (twenty thousand dollars) per acre. The exact area of
the development rights easement is to be determlned bv a tmvn provided survey, accel~table to
the Land Preservation Committee, prior to the contract closing.
Said property to be purchased either outri~tt by the Town of Southold, or acquired under the Suffolk
County Greenways Program whereby Stfffolk County may appropriate an amount up to 70% of the
total cost of acquisition.
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: January 3, 2002. By Order of' the Southold Town Board. Elizabeth A. Neville. Southold Town
Clerk_" This notice has been published on her bulletin board. Copies have gone out to the Suffolk
Times, Town Board members, Tox~ Attorney, Accounting, Land Preservation Committee,
Department of Land Preservation, Robert Sckreiber, and the Town Clerk's Bulletin Board. I can read
the notice from Stfffolk County. It simply says, being duly sworn says that he or she is the principal
clerk at The Suffolk Times, weekly newspaper published at Mattituck, and that the notice has been
duly printed. I think that concludes the formal part of the hearing_ I will mm it over to the Supervisor.
SUPERVISOR HORTON: Any questions regarding this public hearing? Melissa, you had some
information to bring forward?
MELISSA SPIRO: Good evetffng, Supervisor Horton and members of the Town Board. I am Melissa
Spiro. I am Land Preservation Coordinator, and I am here tonight with Richard Ryan, who is Chairman
of the Land Preservation Committee. Mr. Schrelber's land is located on the north side of Oregon Road
in Cutchogue, and is one of the major blocks of farmland that has always been considered to be one of
the prime parcels for farmland preservation, the parcel shown on the map over there in red. Mr.
Schreiber's land goes through Oregon Road to Long Island Sound with 47.4 in area. The parcel is split
zoned. The majority of the parcel located within the Agricultural Conservation District. The Sound
fi:ont area is located within the R-80 zone. Mr. Schreiber is before the Planning Board for a four-lot
subdivision. The four-lot subdivision includes three, approximately 2-3 acre lots by the Sound, and a
4th lot of 36 acres, on which the development rights will be purchased on 32.27 acres. The 32.27 acres
represents almost 100% of the farmland. The negotiated purchase price is $20,000 per acre, totaling six
hundred forty five thousand four-hundred dollars ($645,000). The walue of the purchase is supported
by an appraisal prepared by Given Associates of Hauppange. The purchase will be in accordance with
Chapter 25, Agricultural Lands Preservation and/or Chapter 6, Comm~mity Preservation Fund. The
funding for the purchase will come fi:om the Agricultural bond and/or the 2% funding. This parcel was
inchded ha a grant awarded by the Department of Agricultural and Markets and therefore fi is like that
the Tow-a will receive partial re-imbursement for the purchase. Beeanse of its agricultural valne, its
proximity to other existing productive farmland and its Oregon Road location, this property has a high
eligibility for preservation. The Land Preservation Committee is unanimous in recommending this
development right purchase_ Thank you.
SUPERVISOR HORTON: Thank you, Melissa. Are there any comments fi:om the floor in regard to
this? Sir?
CHARLES CUDDY: My name is Charles Cnddy_ I represent Robert Schreiber. I simply ask that the
Board grant approval for tiffs application as outlined by Melissa, and that you endorse the preservation
of this purchase of this 32-acre parcel.
SUPERVISOR HORTON: Thank you.
MARION SUMNER: I am Marion Sunaner for Peconic Land Trust, and also urgently support this
project. As you can see it is right in the middle of an Oregon Road corridor, and it is a real jewel, and it
is a real win for the Town and for the community, and I hope that his conservation mindedness will
inspire other landox~mers to thhak about conservation as well.
SUPERVISOR HORTON: We thank you. Any other comments fi-om the floor? (No response.) At this
time I will close the public hearing.
Southold Town Clerk
Schreiber Farm Development Rights Purchase
SCTM# 1000-95-1-4
Good even Supervisor Horton and members of thc Town Board.
I am hem tonight with Dick Ryan, Chairman of the Land Preservation
Committee, in regard to the Town's purchase of the development rights on
the Schreiber agricultural parcel.
Mr. Schreibcr's land is located on the north side of Oregon Road in
Cntchoguc in one o£the major blocks of farmland that has always been
considered to be of Prime importance for farmland preservation.
The parcel is shown on the map in red.
Mr. Schreiber's land goes from Oregon Road to Long Island Sound, and is
47.4 acres in area. Thc parcel is split zoned with thc majority of the parcel
located within the Agricultural Conservation District, and the sound-front
area located within the R-80 Zoning District.
Mr. Schreibcr is before the Planning Board for a 4 lot subdi~-ision. The 4 lot
subdivision includes tl~ce, approximately 2-3 acre lots by the Sound, and a
4th lot 0£36 acres, on which thc development rights will be purchased on
32.27 acres. The 32.27 acres represents almost 100% of thc farmland.
The negotiated purchase price is $20,000 per acre, totaling six hundred forty
five thousand £our-hundrcd dollars ($645,400). Thc value of the purchase is
supported by an appraisal prepared by Given Associates of Hanppauge. The
purchase will be in accordance with Chapter 25, Agricultural Lands
Preservation and/or Chapter 6, Community Preservation Fund. The funding
for the purchase will come from the Agricultural bond and/or the 2%
funding. This parcel was included in a grant awarded by the Department of
Agricultural and Markets and therefore it is likely that the Town will receive
partial re-imbursement for the purchase.
Because of its agricultural value, its proximity to other existing productive
farmland and its Oregon Road location, this property has a high eligibility
for preservation. The Land Preservation Committee is unanimous in
recommending this development right purchase.
.. NOTI~CE,,OF PUBLIC HEARING
NOT~CE IS HEREBY GIVEN
that the Town Board Of the Town of
South01d hereby sets 7:35 p.m.,
'TuesdaY,'January 15, 2002, Southold STATE OF NEW YORK)
Town Hall, 53095 Main Road, )SS.'
Southold, New York as the time .and
place for a public hearing on t~e ~COUNTY qF SU~e~OLK)t
question of the purchase of develop-· ~ (X-C ~ ~ ~r--~EL~c-',, of Mattituck, in said
ment' rights- of a' Certain parcel of
property from Robert Schreiber, ·county, being duly sworn, says that he/she is
~under Chapter 25 and/or Chapter,6
.(2% C°m~.'unityPreservafion Pund) Principal clerk of THE SUFFOLK TIMES, a weekly
of~he:Town'Code~ - newspaper, published at Mattituck, in the Town of
,Said property':is identified as .Southold, County of Suffolk and State of New York,
'SCTM#'.']00~-95-'_1:4,' and'iS located
on the a0rth side of OregOn Road, and that the Notice of which the annexed is a printed
· approximately 350' weft.of the inter.- copy, has been regularly Dublished in said Newspaper
~ :sectign Of Alvah's 'Lane and. Oregon .
:'RosSI,. in'i CutChogue. The dev¢lop~ OnCe each week for weeks succes-
' ment.rightsl;acquisiti°n.comprises sively, commencing on the I(,~ 'day
· apprbxlmateiy 32.27 acres 6f the 147.4 0.~ ,'~"~(~X~,~a~-~
· $20,000,, (twenty ~housand dollars)
~ per acr~'The exact area of the'devel-- -:, ·
, opment, rights easement is. to b~'
, · Principal Clerk
determined by a town.provided sur- ·
v~y,' acceptable·to .the Land
Preservation 'Committee; prior to'the
contrac~ closia~. Sworn~ __t° before me this
Said
property to'be pur~liased. .-,day
20~f~
either outright by 'the Town
S6uthold, .or. acquired under the ~
~ Suffo~ County.Greenways Program ~0~0
w.h. ereby Suffolk C~unty may_appr0-
pnate an amount np to 70% of the
t6tal Co~t'6f a~quisitionl M ~.
,,..
I."
: ii~'ter-
2002 '
· . ' BY'ORDER OF THE
: . SOUTHOLD TOWN BOARD - -'
· .'. ~ ELIZABETH A NEVILLE
· '$OUTHOLD TOWN' CLERK
.' 2i64-1TJ10
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Toxvn Board of the Town of Southold hereby sets
7:35 P.M., Tuesday, January 15, 2002, Southold Toxxm Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing on the question of the purchase of
development rights of a certain parcel of property from Robert Schreiber, under Chapter 25
and/or Chapter 6 (2% Community Preservation Fund) of the Town Code.
Said property is identified as SCTM# 1000-95-1-4, and is located on the notch side of Oregon
Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in
Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the
47.4 acre farm, at a purchase price of $20,000 (twenty thousand dollars) per acre. The exact
m'ea of the development rights easement is to be determined by a town provided SuI~rey,
acceptable to the Land Preservation Committee, prior to the contract closing.
Said property to be p~chased either outrio~at by the Town of Southold, or acquired under the
Suffolk County Greenways Program whereby Suffolk Cotmty may appropriate an amount up
to 70% of the total cost of acquisition.
A more detailed description of the above mentioned parcel of land is on file in the Southold
Town Clerk's Office, Southold Tox~ql Hall, 53095 Main Road, Southold, New York, and may
be examined by any interested person during business hours.
Dated: January 3, 2002
BY ORDER OF THE SOUTHOLD TOWN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOgVN CLERK
PLEASE PUBLISH ON JA_NUARY 10, 2002, AND FORWARD ONE (1) AFHDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOgVN H_ALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Jolm Cushman, Accounting
Land Preservation Comnfittee
Department of Land Preservation
Robert Schreiber
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town C~et;k of the Town of Southold, New York being duly
that on the ,~;tt day of'~/~ct~..c~ ,2002, she affL, ced a notice of
Sworn,
says
ti'kd
which the annexed printed notice is a flue copy, irt-a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARINGS FOR J.4_NU.~RY 15, .2002
Robert Sckreiber 7:35 pm
Local Law in Relation to Parking Offenses 7:37 pm
Southold Town Clerk
Sworn before m,q this
q~/,l day of ~t..t~.~t~:5r. ,2002.
Notary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of NewYork
No. 01BO6020932
.~OualifJed Jn Suffolk Count~
erm Expires March 8, 20 ~.'~ ~,
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTtLhlR OF VITAL STATISTICS Southold, New York 11971
RL%RRIAGE OFFICER Fax (631) 765-6145
RECORDS RL-YNAGEi~iENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFOI~,IATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLO~rING RESOLUTION NO. 2 OF 2002 WAS
ADOPTED AT THE REGUL:~R MEETING OF THE SOUTHOLD TO~VN BOARD ON
JANUARY 3, 2002:
RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Con~muaky
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets
7:35 pm, Tuesday, January 15, 2002, Southold Town Hall, 53095 Main Road, Southold, New
York as the time and place for a public hearing on the purchase of development rights on
agrictdtural lands of property owned by Robert Schreiber.
Said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon
Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in
Cutchogue. The development fights acquisition comprises approximately 32.27 acres of the 47.4
acre farm, at a purchase price of $20,000 (twenty thousand dollars) per acre. The exact area of
the development rights easement is to be determined by a town provided survey, acceptable to
the Land Preservation Committee, prior to the contract closing.
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.
Elizabeth A. Neville
Southold Town Clerk
iVIELISSA A. SPIRO Town Hall, 53095 State Route 25
LAND PRESERVATION COORDINATOR P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-5711
Fax (631) 765-1366
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
TO: Ehzabeth A. Nexdlle, Tox~m Clerk
FROM: Melissa Spiro, Land Preservation Coordinator/~
RE: Draft resolution for January 3, 2002 TB meeting
Scheduhng of public hearing for development rights purchase
Robert Schreiber
North side Oregon Road, Cutcho~m. te
SCTM# 1000-95-1-4
DATE: December 20, 2001
Attached please f-md a draft resolution for the schednling of a public hearing for the
development rights purchase on property owned by Robert Schrelber.
On March 13,2001, the Town Board adopted a resolution (Resolution No_ 241 of 2001)
to pttrchase the development rights on the Sckreiber property. However, since that time a
new purchase price has been negotiated. Due to the change in the purchase price, a new'
Tox~m Board hearing is necessary_
On March 13,2001, the Tox~'n Board adopted a resolution (Resolution No. 240 of 2001)
declaring a negative declaration pm-suant to SEQRA. There has been no change to the
scope of the proposed project. Therefore, a new resolution in regard to SEQiL~_ is not
necessary.
encl.
Draft RESOLUTION for January 3, 2002 TB meeting
Scheduling ofpubhc hearing for development rights purchase
Robert Schreiber
North side Oregon Road, Cutchogne
SCTM# 1000-95-1-4
12/20/0t
RESOLVED that pursuant to the pmx4sions of Chapter 25 and/or ChaPter 6 (2%
'Community Preservation Fund) of the Town Code, the Toxxm Board of the Toxxm o f
Southold hereby sets P.M., Tuesday, January 15, 2001, Southold Tox~ Hall,
53095 Main Road, Southold, New York as the time and place for a public hearing on the
pttrchase of development rights on agxicultm:al lands o£property owned by Robert
Sckreiber.
Said prope~ty is identified as SCTM# 1000-95-1-4, and is located on the north side of
Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon
Road, in Cutchogue The development rights acquisition comprises approximately 32_27
acres of the 47_4 acre farm, at a purchase price of $20,000 (twenty thousand dollars) per
acre. The exact area of the development rights easement is to be determined by a town
provided survey, acceptable to the Land Preservation Cununittee, prior to the contract
closing.
A more detailed description of the above mentioned parcel of land is on file in the
Southold Totem Clerk's Office, Sonthold Tox~m Hall 53095 Main Road, Sunthold, New
York, and may be examined by any interested person during hush,ess hours.
' ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
I{EGISTtLkR OF VITAL STATISTICS Southold, New York 11971
I~L~RRL~.GE OFFICER Fax (631) 765-6145
RECORDS M-~NAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFOtL~LtTION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOW"lNG RESOLUTION NO. 241 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF Tm~. SOUTHOLD TOWN BOARD
ON MARCH 13, 2001:
WI-[EREAS the Town Board of the Town of Southold held a public hearing on the question of
the purchase of development rights of agricultural lands for a certain parcel of property owned
by Robert Schreiber on the 13th day of March 2001, pursuant to the provisions of Chapter 25
(A~m-icultaral LaRds Preservation) and/or Chapter 6 (Community Preservation Fund) of the Tmvn
Code, at which time all interested parties were given the opportunity to be heard; and
'~VltEREAS, the Town Board deems it in the public interest that the Town of Southold purchase
the Development Rights of these agricultural lands, now therefore be it
RESOLVED Lhat the Town Board of the Tox~m of Southold hereby elects to ourchase the
develooment riehts of a certain oarcel of property of aericultural lands owned by Robert
Schreiber, said property is identified as SCTM# 1000-95-1-4, and is located on the north side of
Oregon Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in
Cutchogue. The development rights easement comprises approximately 32.27 acres of the 47.4
acre farm. The exact area of the development rights easement is to be determined by a to~m
provided survey, acceptable to the Land Preservation Committee prior to the contract closing.
The purchase price is $14,500.00 (fourteen thousand five hundred dollars) per acre and is
pursuant to the proxdsions of Chapter 25 aRd/or Chapter 6 of the Code of the Town of Southold;
and be it
FURTHER RESOLVED that the parcel is to be purchased either outright by the Town of
Southold or under the Suffolk County Greenways Program whereby Suffolk County would
appropriate an amount up to 70% of thc total cost of acquisition_
Elizabeth A. Neville
Southold Tosvn Clerk
PUBLIC HEARING
MARCH 13, 2001
7:40 P.M. (9:17 P.M.)
ON THE PROPOSED PURCHASE OF DEVELOPMENT RIGHTS OF CERTAIN PARCEL OF
PROPERTY OF SCHREIBER, SCTM #1000-85-1-4.
Present: Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Totem Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: This is acquisition of development rights. John, would you please read
this?
COUNCILMAN ROMANELLI: "NOTICE IS HEREBY GIVEN that the Town Board of the Town
of Southold hereby sets 7:40 P.M., Tuesday, March 13, 2001, Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a public hearing on the question of the purchase
of development rights of a certain parcel of property from Robert Schreiber, under Chapter 25 and/or
Chapter 6 (2% Community Preservation Fund) of the Town Code_
Said property is idcmtified as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road,
approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The
development rights acquisition comprises approximately 32.27 acres of the 47.4 acre farm, at a price of
$14,500.00 (fourteen thousand five hundred dollars) per acre.
Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk
County Greenways Pro,am whereby Suffolk Cotmty may appropriate an amount up to 70% of the
total cost of acquisition.
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 bus/ness hours.
Dated: February 27, 2001. By order of the Southold Town Board. Elizabeth A_ Neville, Southold
Town Clerk." I have proof that is was posted on the Town Clerk's bulletin Board, and an affidavit that
it was published in the Suffolk Times.
DICK RYAN: My nmne is Dick Ryan. I serve as your Chairman of the Southold Town Land
Preservation Corrm~ittee, I have a map here, produced by Town staff, which outlines the subject parcels
under consideration located in the Hamlet of Cutchogue. Tiffs farm, approximately 47.4 acres in size,
has about 520 feet of frontage on the north side of Oregon Road, just west of Alvah's Lane. The farm
is split- zoned Agricultural Conservation and R-80, which permit single fanfily residential
Schreibert '~ 2 ~
development, but also intends to control development of open lands, which are agriculturally
productive. The Haven Loam soil classifications of this farm reflect its high agricultural productive.
The haven Loam soil classifications of this farm reflect its high agricultural productively_ The farm is
ctm'ently planted vineyard and cover crop. The owner proposes to sell development rights to about
32.3 acres and reserve approximately 15.1 acres to represent 3 residential lots at the northerly end of
the entire parcel and 4.0 acres at the southeasterly comer of the property. The area of Development
Rights represents another link in a chain of agricultural land parcels along Oregon Road that the Tow'n
and Suffolk Cotmty Famfland Preservation Programs consider to be of prime importance for farmland
preservation. The Southold Town Planning Board has been consulted and expressed no objection to the
proposed purchase. The negotiated purchase price if $14,500 an acres, total/rig approximately
$468,000 for the approximate 32.3 acres. The value of this proposed purchase reflects in part, the
development potential and location of the property. The value of the purchase is supported by an
appraisal independently prepared by Given Associates of Hauppauge. A survey of the parcel will be
accomplished and is subject to adoption by the Land Preservation Committee, prior to completion of
this proposed purchase. Because or'its agricultural value, and its proximity to other existing productive
farmlands, and its Oregon Road location, this property has high eligibility for preservation. The Land
Preservation Committee is unanimous in recommending this Development Rights purchase. The
purchase will also most certainly serve to continue the rural farm character of Oregon Road and the
Hamlet Cutchogue, specifically and the To~xt in general. On behalf of the Land Preservation
Committee, I urge the Town Board to accept the offer of Development Right to approximately 32.2
acres of this farm to be represented on an approved survey, and to resolve to pm'chase the same
pursuant to the provisions of either Chapter 25 of the Town Code, entitled, Agricultural Lands
Preservation, or Chapter 6, entitled, Community Preservation Fmad. Thank you_
SUPERVISOR COCHRAN: Thank you. Anyone like to address the Board in relation to this purchase
of development ric~flats, either pro or con? Anyone like to address the Board? (No response) If not, I
deem the hearing closed.
Elizabeth A. Neville
Southold Town Clerk
03.'14~01 WED 12:3S FAX S16 76~ l~S6 Sou~hold Town AccountinM
Schreiber ~arm - Developmen~ Rights Pt~chase
$CTM #1000-095 -0~.-004
My name is Dick Ryan. I serve as your Chairman of the Southold Town Land
Preservation Comm~ee. I have a map here, pwducad by town-~mfl~ which outlines the
subject parcels under consideration, located in the IZlamlet of Cutchogue,
This ~hrm, approximately 47.4 acres in size, ha ~ about 520 feet of ~ontag¢ on the north
side of Oregon Road, just west of Alvah% Lane. The farm is split-zoned Agriculmral-
Consen~tion mad R-SO, which permits single family resideatial development, but also
intends to control developr~nt of open lands, which are agrieulmraliy productive. The
Haven Loam soil classifications of*his fm-rn reflect its high egrieultuml productivity. The
farm is currently planted vineyard and eov~r crop. The ovmer p~poses to sell
development rights to abo~t 32.3 acres a~d reserve approximately ISA ar. res (to
represent 3 residunfial lots at the rlorther~ end of the entire pareeI and 4.0oGres at
the southeasterly eortter at'the property).
Itds area of Development Rights represents another li,lc in a ehah of agricultural land
parcels along Oregon Road that the Town and Suffolk CoUrlty Far m land Preservation
Programs eonslder to be of prime importance for farmland presex~.-ation. The Southold
To~, Plarmiag Board ]has been consulted and expressed no objeelion to the proposed
purchase.
The negotiated purchase price is $14,~00/aere, totaling approalmately $468,000 far
the apprnximate 32.3 acres. The value of this proposed purchase reflects in part, the
development potential :md location of the propmCy. The va]u~ oft}ac purchase is
supported by an eppralml independemly prepared by Given Associates ofHauppauge. A
survey ~,fthe parcel will be accomplished and is subject to ~optkm by the Land
Preserw[tion Camm/tree, prior to completion of this proposed purchase.
Because of its agricultural value, and its proximity to other existing productive farmlands,
and its Oregon Road location, this property ha~ a high eligibility l~.~r preservatio~ The
Land Preservation Commktee is unanimous in recommending this Development Rights
purchase. The purehaee will also most-certainly serve to continue rhe rural farm cl~aracter
of Oregon Road and the Hamlet of C-'utchogue, specifically and th{.' Town./n genera].
On behalf of the Land Preservation Committee, I urge the Town Board to accept the offer
of Develbpment Rights to approximately 31.2 acres of this fargo (to be represented
on ma approved surrey). And to RESOLVE to purchase the same pursuant to the
provisions of either Chapter 25 of the Town Code, entitled '~Agrletdtnral Lands
Preservation*, or Chapter 6, entitled "Community ?reservation Fund".
Thank you_ March 2001 ret
~.~-: ~'G~.i'N0~C:i~ '! ~ .... ~ STATE OF NEW YORK)
So. uth~.~; :.~2.~~~.~.~ )SS:
"To~. ~.~'J~o~ ~'~o,~'S~,~- ~ ~~ of Ma~ituck, in ~id
oId~ New::Y6rka~,t~e t~e:and pla~e for"
~;~u~ic ~g. o,~h~ q.~ti~ of.-th~ ~un~, ~ing duly s~m. says ~at h~she is Pd~iPal
'sputchase.:~.ae~lopment dghi~;'of.a, ce>
~of~,ropea~ ~m. aobm cle~
':under~ChaPter.25'/~n~0r li~ at Ma~u~. in ~e T~n of ~~. Coun~ of
6 (2~C°mm8~i~ P~e~afion S~olk a~ State of New Yo~, and ~t ~e Nofi~ of ~ich
,~and) ofthe~Town Code ~ : '
~es:-~S~a::P~°P=~i'~ae~=a~'scm~~4~ ~a~ ~o==~=d-o~,,a=.0~h ~e annex~ is .a p~ ~y, ~s ~ ~ula~ pub-
?ide,::?f:, 0rego*; Road -a~pfo[mate[y lished in said Newspaper once ea~ week
0~;,West: of 'th.,.~te=s ec don of 'Allah's for
.~=~;"==a .%~o, ~oa~ i" c~t=hoi~=, w~ su~ely. ~mencing
[The , de. vel0pment~ ~fi'ghts .,-acquislti0n ~ on the ~ '
~eomprises appro~mateiy 3Z27 acres of Of ~i ~C~ day
47,.4 ..ae~..:.'f~m;. :a~. a '~pfice of
~d':d~li~') ,Pe~: aCm,' :.
~:oUtdghLbY {he Towh ;of: S0Uthoid~ or
Cd~:ret .u~der ~the; S~fotk;~ County cor, ~ [~,~t~ in 8uff0~ ~,~.
;/Gr%h~ays'.-~ogmm. Whereby ~hffolk
':~,?C0u~tY:.~a3 ap~roPfiat~ a~'~6unt' up Sworn to ~fore me
~.,b~:0f' cdst ofacqaisitlon day of ~~ ·
A.] more: &t~ied: d~SC~Ptioa: 0f the 20
:~:~bo~e m*nti0ned p~cel, ef,t~:i~ on ~e ·
,~:may'be~exmmed by, anymmrested
, .::.:Sy'o~,,o~;~ ~
"~ EE~ABE~A. ~LLE·
~_~3 , :, .: ~, ,,: ~,~ :: ~.~,, _,
, ]~..
ELIZABETH A. NEVILLE ff~-m Town Hall, 53095 Main Road
TOWN CLEILK ~.i P.O. Box 1179
REGISTI~R OF VITAL STATISTICS ~ Southald, New York 11971
i~L~RRLkGE OFFICER ~ Fmx (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFOtL~kTION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTII;~_' THAT THE FOLLOWING RESOLUTION NO. 187 OF 2001
WAS ADOPTED AT THI~. REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 27, 2001:
XX~tEREAS, it is the policy of the Town Board of the Town of Southold to preserve prime
agricultmal soils and to protect the scenic, open space character o£the Town; and
WIt~REAS, the Town Board on August 28, 1998, adopted a Commtmity Preservation Project
Plaa in which prime agricultural parcels where listed as eligible parcels that should be protected;
and
~VHEREAS, ail of the following parcels are listed on the Community Preservation Project Plan;
be it therefore
RESOLVED that the Tox~m Board is considering the purchase of the following Orol)erties:
Robert Schreiber John Elak
SCTM# 1000-95-1-4 SCTM# 1000-115-8-3.3
Charles Simon Estate Ruth Pollio as Trustee
SCTM# 1000-86-1-10.9 SCTM# 1000-108-1-1.1
Elizabeth A. Neville
Southold Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEIliwJIy GIYEN that the Town Board of the Town o£ Southold hereby sets
7:40 P.M., Tuesday, March 13, 2001, Sonthold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hemSng on the question of the purchase of
development rio~ats ora certain parcel of property fi:om Robert Schreiber, under Chapter 25
and/or Chapter 6 (2% Commmfity Preservation Fund) of the Town Code.
Said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon
Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in
Cutchogxte. The development rights acquisition comprises approximately 32.27 acres of the
47_4 acre farm, at a price of $14,500.00 (fourteen thousand five hunch'ed dollars) per acre.
Said propert3r to be purchased either outright by the Toxxm of Southold, or acquired under the
Suffolk County Cxreenways Program whereby Suffolk County may appropriate an amount up
to 70% of the total cost of acquisition.
I 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: February 27, 2001
BY ORDER OF THE SOUTHOLD TO'tVN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON MARCH 8, 2001, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NE~qLLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Toxvn Board Members
Town Attorney
John Cuslnnan, Accounting
Land Preservation Committee
Department of Land Preservation
Robert S ckreiber
Town Clerk's Bulletin Board
ST_aTE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Tox;a~ of Sonthold, New York being duly
sworn, says that on the 1st day of March ,2001, 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 To;xm of Southold, Suffolk County, New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Sonthold, New York.
NOTICE OF PUBLIC HEARINGS FOR IVlARCH 13, 2001
Robert Scl:n'eiber 7:40 pm
Southold To~ Clerk
Sworn before me this
day of ~/~2J,,_ ,2001.
Notary Public
LYNDA M.
No. O~
eue[ified in ~uffelk Co~