Loading...
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,