HomeMy WebLinkAboutSidor, Barney JOSHUA Y~ HORTON
GREGORY F. YAKABOSKI Supervisor
TOWN ATTORNEY
Tovfn Hall, 53095 Route 25
P.O. Box 1179
KATI-ILEEN MURP, AY Southokt, Ne~v York 11971-0959
Telephone (631) 765-1939
ASSISTAxNT TOWN ATTORNEY e-mail:
greg.yakaboski@town.southold.ny.us
PATRICIA A. FINN-EGAN katbleen.murray~toxvn,southold.ny.us
ASSISTANT TOWN ATTORNEY pat~cia.fiunegan@to~n.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: BARNEY SIDOR to TOWN OF SOUTHOLD
SCTM #1000-115-2-9.1
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 December 12, 2001:
· Original Title Insurance Policy #RH80014139 issued by Commonwealth Title
Insurance Company in the amount of $362,800.00
Please keep this policy with the original recorded deed that was previously forwarded to
your office on February 19, 2001.
Thank you.
Greg
/md
eric.
cc: Melissa Spiro, Land Preservation Coordinator w/eric.
IsstmD BY
Cot, taproom L~r) Trr[t It~stmn~c£ Co~tvm~' OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COYERAGE, THE EXCEFTIONS FROM COVERAGE CONTAIlXYED IN SCHEDULE B AND
THE CONDITIONS Pd'qD STIPULATIONS, COMMON~XqSALTH LAND TITLE INSURANCE COMP_aGgY, a Pennsylvania corporation, herein
calied the Company, insures, at of Date of Policy shown in Schedule A, against [oas or damage, not exceeding the Amount of Insurance ~tated
in Schedule A, sustained or incurred by the insured by re.on of:
1. Title ro the estate or i~terest described in Schedule A being vested other than a~ ~Iated therein;
2. Any defect in or lien or encumbrance on the rifle;
3. Ummarketability of the rifle;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the rifle, a~ in,ured, but ohiy ro the extent provided
in the Conditions and Stipulations.
IN WITNESS WI-IEREOF, COMMONWEALTH LAND TITLE INSUIIANCE COMPANY bas caused iti corporate name and seal to be
heretmm affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COM3,'IONWEALTH LAND TITLE 1NSURA_NCE COMPANY
Secretary. President
EXCLUSIONS FROM COVERAGE
Tlie folinw[ng matters are expressly excluded from the coverage of this policy and the Company wi[[ not pay Ioss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or rdaring to (i) the occupancy, use, or enjoyment of the land: (h) the character, dimensions or location of any improve-
merit now or hereafter erected on the land; (iii) a separation in o~rnership or a change in the dimensions or area of the land or any parcel of
which the [and is or was a p~rr; or (ix') environmental protection, or the affect of any violation of these laws, ordinances or goverrmaenr al regula-
tions, except to the extent lhat a notice of the enforcement thereof or a not[ce of a defect, lien or encumbrance resulting from a violation or
alleged xSolation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resuliing from a molation or alleged violarion affecting tlie land has been recorded in the public records at Date of Po[icy.
2. Right~ of emineflt domain unless notice of the e.xercise thereof ha~ been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which hat occurred prior to Date of Policy which would be binding on [he rights of a purchaser for xalue wlihotlt
knowledge.
3. Defects, liens, encumbrances, adverse claJm~ or other matters:
(a) created, auffered, assumed or agreed to by the insured claimant:
Co) not knovrn to the Company, not recorded in the public records at Date of Policy, bur knovm to the insured claimam and not diaclosed
in writing to the Company b3 the insured claimant prior m the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) reaulring in loss or damage which wodid not have been su,tained if [he insured claimant had paid value for the estate or interest insured
by this policy.
4. An5 claim, which arises out of the transaedon veering in the Insured the estate or interest insured by rin~ policy, by reason of the operation
of federal bankruptcy, state insolvency, or ~imilar creditors' rights laws, that is b~sed on:
(a) the tran,action creating the estate or interest in,ured by rhi~ policy being deemed a fraudulent conveyance or fraudulent rr~msfer; or
Co) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart noflce to a purchaser for value or a judgment or lien creditor.
NM I PA10
ALTA Owner's Policy (10/17/92) Valid only if Schedules A and B and Cover are attached
Face Page
Form 1190-1A nR '~ ~l
r', r-,- ;2 . ,
¢'-"'. ,200i~,9:ITA,M~-, CLT_T£ RIVERHEAD
~, ,, ~0. ~., l P. 2/]
File No.: RH80014139
SCHEDULE A
Commonwealth
Amount of Znsurance-' $362,800.00 Policy Na.." RH80014139
Date of Policy: December 12, 2001
1, Name of Znsured:
TOWN OF SOUTHOLD, a municipal corporation
2. The estate or interest in the land which is covered by this policy is:
Development Rights
3. Title t~ the estate or interest in the land is vested in:
TOWN OF SOUTHOLD/a municipal corporation
By deed made by BARNEY SZDOR to the INSURED dated December 12, 2001 and to be recorded in
the' Office of the Clerk/Register of SUFFOLK County.
4, The land referred to in this policy is described on the annexed Schedule A - Description.
Ceuntemfgned: '~:/
Authorized Officer or Agent
Fee Policy Inser~
DEC. 12, 2001 2:29AM, CLTIC RIVERHEAD * ,, NO. 413 P.2
File No,; RH80014139
SCHEDULE B
Exceptions from coverage
This policy does not insure against loss or damage (aitd the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of the following:
1. Agricultural Commitment Agreement recorded in Liber/Reel 10305 page 136.
2. Survey made by 3ohn C. Ehlers da~ed November 2, 2001 shows premises as unimproved, but
cultivated, vacant land. (a) dir~ farm roads traverse premises. No other variations shown.
3. Company excepts possible Development PJghts of others than the insured, iht to, and over the
unpaved di~ ~oads as shown on the survey herein as described in Schedule "A", but policy will insure
that the use for Open Space Preservation and Water Protection witl not be disturbed by reason thereof
and that fee rifle remains in the insured. (For use where fl~e County of Suffolk is the purchaser)
4. 2001/02 Town and school taxes.
Fee Policy Tnse~
DEC. CLTEC RZVERMEAD ., N0,411 P. B,.,'3
File No.= RH800'~4139
SCHEDULE A - DESCR P-T[ON
AMENDED 12/07/01
ALL that ce~ain pl~ piece or parcel of land~ situate, lying and being at Ma~ituck~ in the Town of Southold,
Coun~ of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a monument on the northerly sid~ of Maim Road, (S.E, ~ 2~) at th~ southwe~erly ~rner of ~he
premises herein described and the ~uthea~erly comer of land now or formerly Ernest F. Dicke~on;
RUNNING ~ENCE No~h 25 degrees ~5 minutes ~0 se~nds We~ along said Iand~ 9S.2[ feet;
THENCE No~h 35 deg~e 04 minutes 10 seconds West still along said land end la,er along land now or
formerly Gladys T. Dickerson, 2518.32 feet to a monument and the Long [s[and Rail
~ENCE No~h 45 degrees 16 minutes 20 seconds Eas~ along the ~mg Island Rail Road, 327.80 feet to a
monument and land now or formerly Hen~ M. Rutkowski and wife;
THENCE along said last mentioned land:
([) South 35 degrees 29 minutes 30 se~nds East, [299.74 feet;
(2) South ~4 degrees 57 minutes 40 seconds East, 952.60 feet;
(3) South 3[ degrees ~5 minutes 40 seconds East, [05.2~ feet; and
(4) South 25 degrees 00 minutes 00 seconds Ea~, 51.94 feet;
THENCE 5outh 64 d~grees 00 minutes 00 se~nds West, 293.76 fee~;
THENCE South 3S degrees 04 minutes ~0 seconds East, 19~.42 fe~l
THENCE ~ou~h 35 degrees ~5 minutes l0 seconds East, 10~.80 feet to the no~herJy side of Main Road,
~ 25);
THENCE South 7~ deBrees 25 minutes ~0 seconds West along said no,belly side of Nain Aoad, (S.A. ~ 25),
27.14 feet ~o ~he POINT OA P~CE OF BEGINNING.
Fee PoliCy Insert
File No.: RH800~.4139
Commonwealth
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POL'rCy)
A'FrACHED TO AND MADE A PART OF POL'rCy NO. R,80014139
I'SSUED BY
COMMONWEALTH LAND TTTLE I'NSURANCE COMPANY
The following Es 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 hereafter gain priority over the estate or interest of the insured
as shown in Schedule A of this policy."
2. The fo]lowing is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) Tf the recording date qf 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: December 12, 2001
Tssued at:
Commonwealth Land Title Znsurance Company
177 Old Country Road, PO Box 419
Riverhead~ NY 11901
By
Authorized Officer
Standard New York ~=ndorsement (9/1/93) For Use With ALTA Owner's Policy (:L0/17/92)
TQ:~0037NY (07/00)
CONDITIONS AND STIPULATIONS
(Contlnuedl
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and [he extent of loss or damage has been dedflitely
This policy is a contract of indemnity against actual monetary loss or fixed in accordan~ with these Conditions and Stipulations, thc loss or
damage sustained or incurred b3' [he insured claimant who has suffered loss damage shall be payable ~ithin 30 days thereafter.
or damage by reason of matters insured against by this policy and out3' to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
[he extent herein desex/bed.
(al The Company's Right of Subrogation.
(a) The liability of the Company under this policy shall not exceed the
least of: Whenever the Compan3 shall have settled and paid a claim under this
policy, all right o[' subrogation shall test in the Company unaffected
(i) the Amount o~' 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 Compeny shall be subrogated to and be er~titled to all tights and
insured and the vahie of the insured estate or interest subject to the del-ecl, remedies which the insured claimant would have had against any person or
lien or encumbrance insured against by tkis policy, property in respect to the claim had this policy not been issued. If
(b) In the event the Pumount or' Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the
Date of Policy is less than 80 percent of the value of the insured estate or Company all tights and remedies against any person or property necessary
interest or the full consideration paid for the land, whichever is [ess. or if in order to perfect tins right of subrogation. The insured claimant shall
subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the
~hich Increases the value of the insured e~tate or interest b3 at least 20 insured claimant and to use the name of the insured claimant in an3'
percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies.
Policy is subject to the following: If a payment on account or- a claim does not fully cover the loss of the
(i) v, here no subsequent improvement has been made. as to any partidi insured claimant, the Company shall be subrogated to these rights and
loss. the Company shall on13' pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the
the amount of insurance at Date of Policy bears to the tolal value' of the whole amount of the loss.
insured estate or interest at Date of Policy: or If loss shouid result from any act of the insured cia/maul, as stated
(ii) where a subsequent improvement has been made. as to an3 pardal above, that act shall not void this poI/cp, but the Company, in that event,
loss. the Company shall only pay the loss pro rata in the proportion that shall be required to pay on12*' that part of an2*' losses insured against by' this
120 percent of [he Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company 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 tight
expended for tim improvement- of subrogation.
The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Compan_Vs Rights Against Non-insured Obligors.
and expenses for which the Company is liable under this polic3, and shall lhe Co~npany's right of subrogation against non-insured obligors shall
only appl~, to that portion o['a~y loss ~hich exceeds, in the aggregate. 10 exist and shall include, without [imitation, the rights of the insttred to
percent of the Amount of insurance stated in Schedule A. indemnities, g~aranties, other policies of msurance or bonds,
(c) The Company will pay ordy those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments
incurred in accordance v, ith Section 4 of these Conditions and Stipulations. which provide for subrogation rights b3 reason of this policy.
8. APPORTIONMENT. 14. ARBITRATION
If the land described in Schedule A consists of two or more parcels Unless prohibited bv applicable lan, either the Company or the insured
which are not used as a single site. and a loss is established afl~cting one or ma5 demand arbitration pursuant to the Title Insurance ~rbitration Rules
more o[ the parcels but not ali, the loss shat.1 he computed and settled on a of the American Arbitration Association. Arbitrable matters ma2,' include.
pro rata basis ms if the amount of insurance under th/s policy was divided but are not limited to. any controversy or claim between the Company and
pro rata a~ to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this policy, any seiMce of the
whole, exclusive 0f'mny improvements made subsequent to Date of Policy. Compan3 in con~ection ai[h its issuance or the breach of a policy
unless a habihty or value has otherwise been agreed upon as to each parcel provision or other obligation. All arbitrable matters when the Amount of
by the Company and [he insured at the time of the issuance of this pohcy Insurance is S [,000,000 or less shall be arbitrated at the option of either the
and shown by an express statement or by an endorsement attached to this Comgany or the insured. All arbitrable matters when the Amount of
policy. Insurance is in excess of $1.000,000 shall be arbitrated onl3 ~ben agreed to
9. LIMITATION OF LIABILITY. bv both the Company and the insured. Arbitration pursuant to this policy
a}td under the Rules in effect on the date the demand for arbitration is
/a) If the Company establishes the bric, or removes the alleged defect.
lien or encumbrance, or cures the lack of a tight of access to or from the made or, at the option of the insured, the Rules in effect at Date of Polio3
land, or cures the claim of unmarketability of title, all as insured, in a shall be binding upon the parties. The award ma3 include attorneys' fees
reasonably diligent manner by any metho~I, includine litigation and the onlp if the laws of the state in which the land is located permit a court to
completion of anx~ appeals therefrom, it shall have'fully performed its award attorneys' fees to a prevailing party. Judgr~ent upon the aaard
- rendered by the Arbitratorls) may be entered In any court havine
obfigallons wilt respect to that matter and shall not be liable for any loss jurisdiction thereof.
or damage caused thereby. The law of the situs of the land shall apply to an arbitration under the
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liabihiy for Title Insurance Arbitration Rules.
loss or damage until there has been a final determination b3 a court of A cop3 of the Rules ma3 be obtained from the Company upon request.
competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the title as insured.
(c) The Compan3' shall not be liable for loss or damage to any insured CONTRACI.
for habillly volumatily assumed by the insured in settling an3 claim or suit (a) This polic3' together wllh ail endorsements, if an3. attached hereto
without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and
the Company In interpreting any provision of this policy, [hig policy shall
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION be construed as a whole.
OF LIABILITY. (b) An~ claim of loss or damage, whether or not based on negligence,
All payments under this policy, except paymenZs 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 o£ the insurance pro co,,ered hereby or by any action asserting such claim, shall he restricted to
lento, ti'tis policy.
(c) No amendment of or endorsement to thi~ policy can be made
11. UABILITY I~ONCUMUI-~TIVE except b3 a writing endorsed hereon or attached hereto signed by-either the
[tisexpresslytmderstoodthattheamountofhisuranceunderthispo[icy President. a Vice President. the Secretary, an Assistant Secretary, or
shall be reduced b5 any amount the Company ma3 pay under any policy validating officer or authorized signator3 of the Company.
insuring a mortgage to which exception is taken in Schedule B or to which 16. SEVERABILITY.
the hisured has agreed, assumed, or taken subject, ox wh/ch is hereafter
executedbyani.nsuredandwhichis ach~r~eor [ienontheestateorinte~est In the event any provision of the pelicy is heid ima/id or unenforceable
- under applicable law, the policy shall be deemed not to include that provi-
described or refers:ed to in Schedule A, and the amount so pa~d shall be sion and all other provisions shall remain in full force and effect.
deemed a pat meat under d~s policy to the insured oa hen
17. NOTICES, WHERE SENT.
12. PAYMENT OF LOSS. Allnoficesreqmmdtobeg4ventheCorr~auyandan2* smtementinwlSdngrequired
(a) No payment shall be made ~ nhout producing this policy for endorsement to be furnished the Company shall include the amber of this poIic) and sledl be
o f the pa3 men[ unless the policy h ts been ost or destroyed, n wh ch case proof
of loss or destruction shall be furnished to the satisfaedon of the Companp addressed to: Consumer z~aks Department_ P.O Box 27567, Richmond. grtrgLaia
23261-7567.
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Cover Page Cu::ii~iN AI Valid Only If Face Pa
JOSHUA Y. HORTON
GREGORY F. YAKABOSKI Supervisor
TOWN ATTORNEY Toxzn H~ll, 53095 Route 25
P.O. Box 1179
MARY C. WILSON Southold, New York 11971-0959
ASSISTAlXTT Tov~rN ATTORNEY Telephone (631) 765-1889
greg.yakaboski@ town.southold.ny.us
mary.~lson@town.southol~l.ny.us
OFFICE OF TIlE TOWN ATTORNEY
TO~VN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: February 19, 2001
Re: Barney Sidor to Town of $outhold
Development Rights Easement Purchase
SCTM #1000-115-2-9.1
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 December 12, 2001, between Barney
Sidor and the Town of Southoid, recorded in the Suffolk County Clerk's office on
1/14/02, in Liber D00012163 at Page 328.
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
T2pe of Instrument: DEEDS/DDD Recorded: 01/14/2002
Number of Pages: 8 At: 04:14:40 PM
TRANSFER TAX NUMBER: 01-22436 LIBER: D00012163
PAGE: 328
District: Section: Block: Lot:
1000 115.00 02.00 009.001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $362,800.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $24 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 $~000 NO
SCTM $0 00 NO Transfer tax $0.00 NO
Comm. Pres $0 00 NO
Fees Paid Sq~.O0
TRANSFER TAX NUMBER: 01-22436
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
FEB - 5 2002
TOWN A']-DORNE¥'$ OFFICE
TOWN OF SOUTHOLD
Number of pages ...... ,~.=.-ca.
TORRENS E,JU& rd P
C~_c~K OF
Serial # 9JFFt~_ff ~UNT¥
~ ~O0iZlb3
Ce~ificate ~ P
OTg 0!-22456
~ior Ctf. ~
Deed / Mo~gage Instrument Deed / Mo~gage Tax Stamp Recording / FilNg Stamps
4 I FEES
Page / Filing Fee t~ Me,gage ~t.
H~dling ~ 1. Basic Tax
TP-584 ~ 2. Additional Tax
EA-52 17 (Co~) ~'d.r~ ~ Sub Total
Spec./Assit.
0r
EA-5217 (State) Spec./Add.
KP.T.S.A. ~ ~ TOT. MTG. TAX
Dual Town Dual County~
Comm. of Ed. Held for Appo~ionme~
Affidavit Transfer Tax
Certified Copy ~hnsion Tax
The prope~ covered by this me,gage is or
Reg. Copy ~_. )~. will be improved by a one or two hmily
Sub Total ~ dwelling only.
~her ~: ~ YES~or NO~
G~ND TOTAL If NO, see appropriate tax clause on page
~ of this ins~ment.
~ X Dist. Section B lock Lot Consideration Amount $362 ~ 800.00
P/O
1000 115.00 02.00 009.001 CPF T~Due
Improved
hitia~ Vacant Land X
Satisfactions/Discharges/Releases List Prope~, Owners Mailing Address TD ~ 0
/
RECO~ & RETU~ TO: /
OE~ICE O~ ~HE ~OWN ATTOR~BY TD //
GREGORY ~ Y~BOSKI ~SQ TD
· OUN H~L~, 53095 ROUTB 25
/
~ O BOX 1179
8OU~HOSD NY 11971-0959
~ I Title Company Information
Co. NameComon~ealth Land T~tle Insurance Company
Title ~ RH80014139
Suffolk County Recording & Endorsement Page
~s~efo~p~ofthea~ach~ Deed of Deveiopment R~hts madeby:
(SPEUFY ~E OF ~S~ )
BARNEY sIDeR ~e presses herein is simt~ N
S~OLK CO~~, ~W YO~
TO In ~e To~mNp of Soukhoid
WOWN OP SOUTZO~D Nthe~LAGE
or ~ET of biattituck
BO~S 5 ~U 9 5,~ST BE ~ OR P~D ~ BMCK ~ O~Y P~OR TO ~CO~G OR F~G.
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this I~~'~' day of December, 2001,
BETWEEN BARNEY SIDOR residing at 17905 Main Road, Mattituck, 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 THREE
HUNDRED SIXTY-TWO THOUSAND EIGHT HUNDRED ($362,800.00)
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 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 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 at
Mattituck, in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
~.~ BEGINNING at a monument on the northerly side of Main Road, (S.R. #25) at
the southwesterly corner of the premises herein described and the southeasterly
corner of land now or formerly Ernest F. Dickerson;
RUNNING THENCE North 35 degrees 15 minutes 10 seconds West along said
land, 95.31 feet;
THENCE North 35 degrees 04 minutes 10 seconds West still along said land and
later along land now or formerly Gladys T. Dickerson, 2518.32 feet to a
monument and the Long Island Rail Road;
THENCE North 46 degrees 16 minutes 20 seconds East along the Long Island
Rail Road, 327.80 feet to a monument and land now or formerly Henry M.
Rutkowski and wife;
THENCE along said last mentioned land:
(1) South 35 degrees 29 minutes 30 seconds East, 1299.74 feet;
(2) South 34 degrees 57 minutes 40 seconds East, 952.60 feet;
(3) South 31 degrees 15 minutes 40 seconds East, 105.28 feet; and
(4) South 26 degrees 00 minutes 00 seconds East, 61.94 feet;
THENCE South 64 degrees O0 minutes 00 seconds West, 293.76 feet;
THENCE South 35 degrees 04 minutes 10 seconds East, 195.42 feet;
THENCE South 35 degrees 15 minutes 10 seconds East, 105.80 feet to the
northerly side of Main Road, (S.R. #25);
THENCE South 77 degrees 35 minutes 50 seconds West along said northerly
side of Main Road, (S.R. #25), 27.14 feet to the POINT OR PLACE OF
BEGINNING.
THE PREMISES BEING CONVEYED are a part of the premises described in the
deed to the grantor recorded in Liber/Reel 34-9e-page 320.
3 ~ ~3 yc5-
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,
that the parcels of real property described herein are open agricultural lands
actually used in bona fide agricultural production as defined in GML section 247
as shall remain open lands actually used in bona fide agricultural production.
This covenant shall run with the land in perpetuity.
3
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
covenant 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.
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
4
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 covenants 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 arise from the ownership,
operation, and/or condition of the premises prior to or subsequent to the
execution of the deed of Development Rights. This covenant shall run with the
land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereafter be alienated, except upon the affirmative vote of
5
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 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 running with the land in perpetuity
subject to the Town receiving grant money from the New York State Department
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
restrictions set forth in this Deed) must be authorized by the New York State
Department of Agriculture". 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.
Purchaser: TOWN OF SOUTHOLD
By.'- U0 ·
W. COCHRAN, SUPERVISOR
6
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On the il ~' day of December, 2001, before me personally appeared
BARNEY SIDOR, 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
RE.COR[:,EO
the individual acted, executed the instrument.
CLERK OF
~ ' . L
Not~w Public
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On the l~th day of December, 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.
Notary Public L) NOTARY PUBL~,~tate
No. 01004634670
Qualified in Suffolk Co~mtv
7
MELISSA A. sPn{O Town Hall, 53095 State Route 25
L.~D 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: Supervisor Cochran
Town Board
/i'own Clerk
Plarming Board
Tax Assessors
Building Department
Data Processing
FROM: Melissa Spiro, Land Preservation Coordinator ~
RE: Development Rights Acquisition
DATE: December 19, 2001
Please be advised that the Town has purchased the Development Rights on the property listed below.
tfyou would like any additional information regarding the purchase, please feel free to contact me_
SCTM#: 1000-115-2-9.1
OWNER: Barney Sidor
PURCHASE DATE: December 12, 2001
PURCHASE PRICE: $362,800 ($20,000 per acre)
EASEMENT AREA: 18_ 14 acres
i~HSC: The development rights were purchased on 18_14 acres of the 20.14 acre
parcel. The development rights r~rnain intact on the 2 acmreserved area_
The 2 acre reserved area has not been subdivided fi:om the area on which
the development rights have been purchased. Therefore, the 2 acre
Reserved Area remains as part of the larger parcel on xvhich the
development rig-hts have been purchased
The attached part of the' survey shows the location of the reserved area.
eric 1.
cc: Town Attorney
Land Preservation Committee
Peconic Land Trnst
ELIZABETH A. NEVILLE To~m Hall, 53095 Ma~n Road
TOWN CLERK P.O. Box 1179
REGISTP, AR OF VITAL STATISTICS Southold, New York 11971
i~_,kI{RIAGE OFFICER Fax (631) 765-6145
RECORDS i~L~AGEMENT OFFICER Telephone (631) 765-1600
FREEDOM OF INFOP~RL4.TION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT TIt~ FOLLOWING RESOLUTION NO. 705B OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 9, 2001:
RESOLVED that thc Town Board of the To~m of Southold hereby authorizes Jcan W.
Cochran to execute a contract to purchase the development rio, hts on a00roximatelv
eighteen acres from thc 0arcel identified by SCTi~I # 1000-115-~9.1 (currently owned by
Barnc¥ Sidor) such contract subicct to and conditioned on a public hcarina and a
subsetluent affirmative vote of the town board.
Elizabeth A. Neville
Southold Town Clerk
RESOLUTION OCTOBER 9, 2001 V - 705
RESOLVED that the Town Board of the Town of Southold hereby authorizes Jean W.
Cochran to execute a contract to purchase the development ri~,hts on approximately (18)
eighteen acres from the parcel identified by SCTM # 1000-115-2-9.1 (currently owned by
barney sidor) such contract sub|ect to and conditioned on a public hearin~ and a
subsequent affirmative vote of the town board.
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTILkR OF VIT.kL STATISTICS Southald, New York 11971
I~LkRRLX_GE OFFICER Fax (631) 765-6145
RECORDS ~L~AGt~[ENT OFFICER Telephone (631) 765-1800
FREEDOI~.! OF [NFORi~LkTION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TInS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 745 OF 2001
WAS ADOPTED AT THE REGULAR M~ETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 23, 2001:
l'
,I
WtIF. REAS, the Town Board of the Town of Southold held a pubhc hearing on the question of
the purchase of development rights of agriculrm'al lands for a certain parcel of property o~xmed
by Barney Sidor on the 23rd day of October 2001, pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and/or Chapter 6 (Community Preservation Fired) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, the Tow'n Board deems it in the public interest that the Toxvn of Sonthold purchase
the Development Rights of these agricultural lands, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to ourchase the
develooment ri~ohts of a certain oarcel of orooertV of a~rieultural lands owned by Barney
Sidor, said orooertv identified as SCTM# 1000-115-2-9.1. The development rights easement
comprises approximately 18 acres of the 20.136 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 pursuant to the provisions of Chapter 25 and/or Chapter 6 of the Code
of the Town of Southold.
Elizabeth A. Neville
Southold Town Clerk
RESOLUTION OCTOBER 23, 2001 V - 745
WHEREAS, 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 Barney Sidor on the 23rd day of October 2001, pursuant to the
provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (Community
Preservation Fund) of the Town Code, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, 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 that the Town Board of the Toxvn of Southold hereby elects to ourchase
the development rights of a certain l~arcel of orooertv of a~ricultural lands owned
by Barney Sidor, said I)rOl~ertw identified as SCTM# 1000-115-2-9.1. The
development rights easement comprises approximately 18 acres of the 20. 136 acre farm.
The exact area of the development rights easement is to be determined by a toxvn
provided sttrvey, acceptable to the Land Preservation Committee prior to the contract
closing. The purchase price is $ 20,000.00 (twenty thousand dollars) per acre pursuant to
the provisions of Chapter 25 and/or Chapter 6 of the Code of the Town of Southold.
ELIZABETH A. NEVILLE To~vn Hail, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTi:L~r{ OF VITAL STATISTICS Southold, Ne~v York 11971
I~L~RRLAGE OFFICER Fax (631) 765-6145
RECORDS I~L~LNAGEMENT OFFICER Telephone (631) 765-1800
FREEDOi~I OF INFOI~f_~kTION OFFICER
OFFICE OF THE TOWN CLERK
TO.tN OF SOUTHOLD
THIS IS TO CERTII~7 THAT THE FOLLOWING RESOLUTION NO. 705A OF 2001
WAS ADOPTED AT TIH~ REGULAR MEETING OF THE SOUTIIOLD TO~VN BOARD
ON OCTOBER 9, 2001:
RESOLVED that the Tox~i Board of the Town of Southold finds that pursuant to the SEQRA
rules and regulations the o urchase of aooroximatelv eighteen (18) acres of Devel0~ment
Rights from the oroOertv identified as SCTM # 1000-115-2-9.1, located on the north side of
the Main Road, a~vroximatelv 1650 feet east of Mill Lane in Mattituck and currently
owned by Barnev Sidor will not have a significant adverse environmental impact.
Elizabeth A. Neville
Southold Town Clerk
RESOLUTION OCTOBER 9, 2001 705A
RESOLVED that the Town Board of the Tow~ of Southold finds that pursuant to the SEQRA
roles and regulations the l)urchase of apl~roximatelv eighteen (18) acres of Develol)ment
Rights from the I~rooertv identified as SCTM # 1000-115-2-9.1, located on the north side of
the Main Road, al)proxSmatelv 1650 feet east of Mill Lane in Mattituck and currently
owned by Barney Sidor will not have a significant adverse environmental imoaet.
RESOLVED BY THE. TOWN BO.AILD (~F THE TOWN OF SOUTHOLD
FINDS THAT PURSUANT TO TIlE SEQRA RULES AND REGULATIONS THE
PURCHASE OF APPROXIMATELY EIGHTEEN (18) ACRES OF DEVELOPIVlZ;NT
RIGHTS FROM THE PROPERTY IDENTIFIED AS SCTM #1000-i 15-2-9.1,
LOCATED ON THE NORTH SIDE OF MAIN ROAD, APPROXIMATELY 1650
FEET EAST OF MILL LANE IN 1VL4.TTITUCK AND CURRENTLY OWNED BY
BARNEY SIDOR WILL NOT HAVE A SIGNIFICANT ADVERSE
ENVIRONMENTAL IMPACT.
_.3
&'late Envlmnmehlal Quality
SHORT EN.V[RONMENTAL ASSESSMENT FORM
Fer UNUSED A~ONS Only
PART I--PRO~E~ INFORMA~ON ~o ~ compl~ ~ Applicsnt or Pmje=t
1. ~T I~R ~- ~ HAME ·
~- ~ISE ~A~ON ~[ ~ and m~ I~s~ion~ ~t [=d=~, ~ Dr ~ ~p)
7. AMOUNT OF Lc, NO AFFECTE~c
InlTla]l~ ~D. I~, a=~s UltJm~tely ~. IT ~ ac=r~s
8. WILb pROPC~ED ACI'JON COMPLY WI~H EX]~I. NG ZONIN~ OR OTHER EXI~N~I LAND U~E RE~TRI~'TtoN$2
g, WH~T IS-PRES~I~rt LAND USE IN VIC~NR'y OF'PROJ~
~No I~ ~es, list ag~ a~c] ;ermfl/a~pfovals
DOES ~ ;e.SPECT OF THE ACTION HAVE A CURREN~.Y VALID pERMIT OR APPRO¥~L?
o IF )~,' li~t a~en~y nam~ and permit/ap~ro~-~l .. ~.
RESULT OF PROr~.~ED ACTtON WILL Ex~--rlN~ ~ff/AP~ ~IRE ~DI~OA~O~
I O~ ~AT THE INfO, ON ~VID~ A~ 18 ~E ~ ~E B~ OF ~ ~LEDGE
~astal ~e~em Fo~ be~ pm~ing wlffi ~ ~se~h~ht-
OVER
1
~1~1~O~ *Cfi'iON EX'CI~ AI~.Y 'P~'P~ I TFIR~OLJ~ IN ~ NY~.RIq PART Sq?.~? ir ~e~, ~ma~e the r'~le~v pro~ ane ~, ~he FLq.k ~.
I~IVl~ .e~I'ION R~CEIVI~ C130ROINATED RE~/IEW AS PFAVlDE~ FOR LJN[JSTE9 AGTIONS IN ~ NYCRR, PART 617.67 If No. a negatl~-~[~la~rlon
· · .flay be supe~e~ed..I.~ anodler iovelved agmlcy.
F_ rs THE~iF_ OR IS THE~E LJ KELY TO BF~ CON'J'ROVERS¥ RELATE'~ TO POTi-'lqTLAJ. ADVERSE ENVIRO'MENTAL 'M'/~c-'TS?
[] y~ ~lf Y~ e.~fl ~rief~
PART III--DEFERMINATIJON OF SIGNiF~I.IANCE (To be completed by Agency)
IN~'I~UO1'ION~' For e,acI1 a~lverse effect idsnth~ed aP.n~e, de~e~llllne ?hether it Is substantial, lalte, Jmportsnt or otherwise ~dgnlflcant.
Each effect si'Aould 'be aesesse~d in connect[on with its (a) sethflg (|.e. uthan o1' rure0~ ('D) prebablllIy-of.o.-~urdng; (c) dt~r~ion; (d)
irmversiblllb~, (e) geographic seop~ ~Acl (J) magnitude- If necessmy, add attachments o( reference 'suppo~lng m~te~ial$. Ensure that
explaAatlons c~ntain ~ufficlent de~ail to show that all relevant ad~,eme i~pa~ have I~en iden~ifled ar]d ade~uate!y addressed. If
question D of part II wac checked ye..the determirJ~t~on and significance must e~al~ate'the, poteAt[aJ impa~ of the preposed ~ctiofl
on the en~irellmental chemcterl~ics of 1he CEA.
[] Check this box If you have Identified one or more potentially laxge or significant edve~e Impacts'which MAY
ocu eUr. Then proceed directly te the FULL FAF and/or prepare ~ positive declaratibn. .
eck this box if you have 'determined, based on the information and analysis .ab~¥e ,and any supporting
mentation, that the'proposed action WILl. NOT result in any significant adverse e~lvironmental impacts
AND provide o~J attachments a~: necassaxy, the masons supporting this determination:
2
PUBLIC HEARING
OCTOBER 23, 2001
7:00 P.M.
ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF SIDOR,
SCTM #1000-115-2-9.1
Present: Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Cou_ncihnan Brian G. Murphy
Councilman Craig A. Richter
Toxwn Clerk Elizabeth A. Neville
To~xm Attorney Gregory F_ Yakaboski
SUPERVISOR COCHRAN: May we have the reading? This is a public hearing on purchase of
development fights on the agricultm-al lands of Sidor.
COUNCIIM.~q IvlUR_PI-I~T: This ~yes me geat pleasure to read this one. "V~-IEREAS, the Town
Board of the Totem of Southold held a public hearing on the qnestion of the purchase of development
rights of agricultm:al lands for a certa'm parcel of property oxwaed by Barney Sidor on the 23rd da5' of
October 2001, pursum~t to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or
Chapter 6 (Community Preservation Fund) of the Tow-n Code, at which time all interested parties were
Wen the opportunity to be heard; and
WItEREAS, the To~n Board deems it in the public interest that the Town of Sonthold purchase the
Development Rights of these agricultural lands, now therefore be it
RESOLVED that the To~x~n Board of the To~xm of Southold hereby elects to l~nrchase the
develonment rights of a certain l~arcel of l~rol~ertv of aericultural lands owned by Barney Sidor~
said I~ro~ertv identified as SCTM# 1000-115-2-9.1. The development fights easemant comprises
approximately 18 acres of the 20.136 acre farm. The exact area of the developmant rights easement is
to be determined by a town provided sttr~'ey, acceptable to the Land Preservation Committee prior to
the contract closing. The purchase price is $ 20,000.00 (twenty thousand dollars) per acre pursuant to
the provisions of Chapter 25 and/or Chapter 6 of the Code of the Tox~m of Southold.
Fmlher Notice is hereby given that more detailed description of the above mentioned parcel of land is
on file in the Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by
any interested person during business hours. Dated: October 9, 2001. By Order of the Southold Town
Board, Elizabeth A. Neville, Southold Town Clerk." We have a notice that it was published in the
Suffolk Times, that it was on the Town Clerk's Bulletin Board, there is no correspondence on the file.
SUPERVISOR COCHRAN: You have heard .the reading of the public notice on the purchase of
development rights, agricultural lands of Burney Sidor. At this time I would ask Ray Huntington, who
is a member of the Land Preservation Committee. Dick Ryan, our Chairman and Melissa Spiro, x~ho is
working is head of the deparunent. She is the only one in the office, but she is head. They had to go to
a meeting up in the County toniglit. They are working for us, but they are in Riverhead. Ix.2.
Huntin~on wonld you like to present.'?
KAY HUNTINGTON: The notice that was just read by Mr. Murphy concerned the purchase of
development rights on the Sidur Farm, the Barney Sidor Farm. That farm of course is here on the Main
Road about one mile east of Love Lane in Matfituck. There is some things I would like to tell you
about this recommendation that is before you. They concern the setting and the price and the intent that
is involved. The Sidur Farm this year was planted mainly in com. Many of you know the two
umbrellas that stand here advertising red potatoes. Weli, that is the right place. The farmhouse is right
here, and the bums are right in here. Tlie reason for this being white as opposed to it being red in terms
of it's coding is that this part would be reserved to fit the txvo acre zoning for the farmhouse and the
barns. But, the eighteen acres that we speak of in the resolution is the red part here. This actual line is a
function of the survey that is in work right noxv. It will be two acres when it is finished. Here we have
crest of Bill Ruland's farm, which is already preserved show'n in green. ~ere is the farm belon~ng to
Gladys Dickerson, and this is the fanu belon~ng to the Rutkoski's. The land in this area, in th~s whole
general area is amongst the best anyway, really. It is superb farmland_ I brought an exhibit to prove
that point. That is the -kind of potatoes. That is enough for McDonalds for a year fight there. That
potato was actually grown on the Rutkoski Farm next door, but the land in this area is none the less
excellent. That area also is our largest area of water, watershed area here. So, it is important from a
presepcation point of view. We wonld like to certainly preserve this piece here belonging to Barney
Sidor by buying the development rights, but it is important to look at that in the context of this whole
area. This purchase would be an important move in that context. About the price, now there has been a
lot of discussion about the price of development rights in the recent thnes, and perhaps for a long time,
but I would like to talk a little bit about that, if I may. Much of this is well know to you, but I would
like to cover that ground an~vay_ ~Vhen we buy development rights that is to preserve agricultnre. We
are really bu34ng the right to pnt.up houses per the zoning. If this were all to be built out we know the
number of houses would be a large number, and the toxvn would be not the town that we currently
know. We consider the committee that is, your committee, it considers a number of factors when
arriving at this. This land is fiat and straight. No sinkholes in it. It is all usable farmland_ At the same
time it is relatively close to the hamlet center, so this land is valuable for farming and for residence.
We buy the development rights_ In this case the development rights appear to worth $20,000 per acre.
This is the highest amount that has ever been paid in the Town of Southold, but this land is worth it.
This is the kind of land that we need to be preserving_ Any other land in town incidentally, just to put
this in context as well, is going to be evaluated against the san~e criteria, and arrived at a price that
would reflect our best judgment as a recommendation to this Board as to what should be paid in order
to preserve the land. So, there might be prices that would be less than that amount in other places, and
prices more than that amount in other places, but each parcel gets a very thorough evaluation in this
regard based upon a professional appraisal. That is how we arrived at the oft'er price here which as we
understand it has been accepted by Barney Sidor. I xvant to make sure that I don't forget anything. I
guess just a word about intent. Mr. Sidur is ninety-v,vo years old, and loves this land as much as he
loves his family. With his father and his tltree brothers they had over 400 acres in potatoes before.
Things have changed a little bit over thne, but that has been where he is coming from. He was
educated in business at NYU, so he knows how to make these kinds of decisions. B~tt his most intense
understandh~g is the land, and wonders it can create, and also the troubles that it can create, and I
assure you he enjoys them both. This is some of the best farmland anywhere, and we xvant to see this
land stay in agriculture. But, there comes a time in Mr. Sidor's case, and in any man's case when he
must do what is best to do for that time. He has come to that time where he has decided to sell the
development rights and keep this in fainting by that mechanism. We as his neighbors by buying his
righis will enjoy the land staying in farming. Purchase of the development rights makes sense for both
the buyer and the seller, and that is the way we like to get these things together. Therefore the Land
Presen'ation Committee recommends that the Town Board move to pm-chase the development rights to
approximately eighteen acres of this farm according to the resolutions before you. I would be happy to
provide any answers to any questions you may have, and if there are no questions I would like to thank
you for the opportmfity of being able to bring this kind of matter to this Board, and I would also hke to
thank Bamey's granddaughter, and ask her to pass on our thanks becanse he has again made Southold
a better place.
SLrPERVISOR COCHRAN: I would also introduce another member of the committee, Ray Blum. Do
you would like to add?
RAY BLUM: Ray Blum from Peconic, also a member of the Land Preservation Committee. Just
wanted to tell you that I think Ray skipped over the point that we really feel that this parcel is.key to
the whole area of Mattituck, and even the western portion of Cutchogue. That all the farmland in that
area, we would like to see it all prese~wed. We felt that this was a key establishment point, and a nice
fam~ to go ahead with. Thank 3ron.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board in relation to
the purchase of development rig~hts on the Sidor Farm? (No response.) If not, we will close the hearing.
Southold Tox~m Clerk
STATE OF NEW YORK)
5, ~).~.~ NTY OF~ SUFFOLK)
~;~""~ l:of
p.m., eounht, boing duht sworn, s~ys that ho/sh~ is Principal
:as ;! clerk of THE SUFFOLK TIMES, a weekly newspaper, pub-
~ lishod at Mattituck, in the Town of 8outhold, Coun~
· , Suffolk and State of New York, and that the Notice of which
,~' '. the annexed is a pdnt~ copy, ha~ boon r~ula~ pub-
. ':~.~ lished in said Newspaper once each week
a~t for ,/ weeks succe~.~yely, commencing
! !::I ,opm¢~_t~ on the / 0 day
~:, ,~h~ ~ Principal Clerk
II i~:~ :, b~om to boforo mo this
I day of
,blew Yo~l~; anit' ma~'be~,e~ammed by
~!:: [Dated':,?Oet0berg',:.2001.:~?'!,,:i},i :' .' Qualified in Suffolk County'
i, : ?. ,, :',;~', ,: B,¥~ORD~OF THE Commission ~xpires March 8, 20
X.
LEGAL NOTICE
NOTICE OF PUBLIC HEARENG
NOTICE IS HI~REBY GIVEN that pursuant to the provisions of Chapter 25 and/or
Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board of the
Town of Southold hereby sets Tuesday, October 23, 2001 at 7:05 p.m., Southold Town
Hall, 53095 Main Road, Southold, New York as the time and place for a public heating for
the purchase of developmant rights of agricultural lands trader for a certain for the purchase
of development rights of agricultural lands for a certaha parcel of property owned by Barney
Sidor.
Said property is identified as SCTM #1000-115-2-9.1. The property is located on the
north side of Mai~ Road, approximately 1650 feet east of Mill Lane ha Mattituck. The
development rights easement comprises approximately 18 acres of the 20.136 acre farm. The
exact area of the development rights easement is to be determined by a toxxrn 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.
FURTH2ER 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
Hail, 53095 Main Road, Southold, New York, and may be examined by any interested person
during business hours.
Dated: October 9, 2001
BY ORDER OF TFgF. SOUTHOLD TOWN BO_~RD
ELIZABETH A. NEVILLE
SOUTHOLD TO'tN CLERK
PLEASE PUBLISH ON OCTOBER 18, 2001, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Land Preservation Committee
Department of Land Preservation
Barney Sidor
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
dulyswom, says that on the i~TI-t dayof ~ ,2001, she affixed a
notice of which the annexed printed notice is a tree copy, in a proper and substantial
mariner, 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 Heating: Barney Sidor Property Acquisition
Southold Town Clerk
Sworn before me th/s
_¢dayo
LYNDA M. BOHN
NOTNtY PUBUC, State of New York
No. 01BO6020932
Qualified in Suffolk Coun[y
Term Expires March 8,