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HomeMy WebLinkAboutWoodhull, Lois DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this ?F~, day of January, 1998, BETWEEN ESTATE OF LOIS WOODI-IULL by JUNE' CROON, as EXECUTRIX, residing at 54075 Main Road, Southold, New York, party of the firs~pa~ and~NE C~OON AND C]{RIS LEPORE,'. both residing at 54075 Main RO~d, $outhbid.. New York. as specifiq devisees Q~, t~ Es%~e of Loi.s THE TOWN OF $OUTHOLD, a municipal corporation o~ tne ~[ate oT NewF. Woodhull York. having its office and principal place of bus.ess at 53995 Main Road. Town of Southold, County of Suffolk and state of New York, party of the second par[. WlTNESSk-[H That the party of the first part, in consideration of ten ($10.00) dollars, lawful money of ~he United States, and other good and valuable consideration paid by the par~ of the second part, DOES HEREBY GRANT AND RF_.LEASE 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 exclusive{y for agricultural production as that term is presently defined in Chapter 25 of the Code of the Town of Southo[d, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the properties described in the attached Schedule A. 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 described premises to the center lines thereof, TOGETHER with the appurtenances and. all the estate and rights, of the party of the first pad. in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOP~MEN-D RIGH.rS 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 its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and a~er the date of this instrument solely for the purpose of agricultural production. AND the party of the first par[, covenants in all aspects to comply with Section 3 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: Agricultural Production - shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes. 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 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 word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires_ 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 Environmental Laws; (c) al'Iow party of the second part and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shalt run with the land in perpetuity. The party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license', or other arrangement, 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 seller, either prior to or subsequent to the closing of title herein: or (3) any action: suit: claim, or proceeding seeking money damages, injunctive reiief, remedial action, or other remedy by reason of a violation or non- compliance with any environmental iaw;, or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibratfons 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. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~~,....~ ~ ;, ESTATE. OF LOIS WOODHULL by J~I,N_E CROON~EXECUTRIX STATE OF NEW YORK ) ~"/¢, ,[¢] f~f? C---- ) ss.: CERI$ LEPtgRE COUN/Y OF SUFFOLK ) On the 7]/'iz day of January, 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared JUNE CROON, EXECUTRIX, personally known to me or proved to me ont he 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, and that by her signature on the instrument, the indivudal, or the person upon behalf of which the individual acted, executed the instrument},. · ~ N.~r~'Pt~blio~) STATE OF NEW YORK ) ) SS: O --~ COUNTY OF SUFFOLK ) On khe 7bh day off Janua=~, 1998, befio~e me pe=sona2~ came JUNE CROON and CHRZS LE2ORE, to Be known ko be the ~nd&v&dua~s desc=&bed in and ~ho executed khe fo=ego&rig ~nsk=umenE and aok~o~Zedged ~hak khe~ executed SCHEDULE A 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 the southwesterly comer of the premises herein described and the easterly line of land now or formerly of John C. Tuthitl and being the fotlowi, nethree,(3) courses and distances from a monument set on the easterly side CElijah's Lane and the nerthwestedy corner of land nOW or formerly of Steve Perge and Juliana Perge: 1 ) North 25 degrees 11 minutes 20 seconds West, along said easterly - Iine of EJijah's Lane, 50,01 feet to said land now or formerly of John C. Tuthi'll; 2) North 63 degrees 33 minutes 00 seconds East. along said land, 606_01 feet; a~d 3) North 26 degrees 19 minutes 20 seconds West, 620.19 feet to the true point or plaCe of beginning; RUNNING THENCE from said true point or place of beginning and still along said land now or formerly of John C. Tuthiil, the following ~o (2) courses and distances: 1 ) North 26 degrees 19 minutes 20 seconds West, 315.00 feet; and 2) North 26 degrees 25 minutes 30 seconds West, 408.08 feet to the land of the Long Island Railroad; THENCE North 59 degrees 43 minutes 45 seconds East, and still along said land of the Long Island Railroad, 604.19 feet [o land now or formerly of Anna Jablonski and Alice Slater et al; THENCE South 27 degrees 00 minutes 40 seconds East. along said land now or formedy of Anna Jablonski and Alice Slater et al, 1677.48 feet to other land now or formerly of Lois F. Woodhull; THENCE through said ]and now or formerly of Lots F. Woodhul[. the following eieven (1 1 ) courses a~,d m~stances SC. HEDULE A (CONTINUED) Page 2 I) South 63 degrees 40 minutes 40 seconds West, 182_18 feet; 2) North 26 degrees 19 minutes 20 seconds West, 110.00 feet; 3) South 63 degrees 40 minutes 40 seconds West, 340.00 feet; 4) North 26 degrees 19 minutes 20 seconds West, 802.68 feet; 5) North 63 degrees 40 minutes 40 seconds East, 235.00 feet; 6) North 26 degrees 19 minutes 20 seconds West, 518.82 feet; 7) South 63 degrees 40 minutes 40 seconds West, 75.00 feet; 8) South 40 degrees 11 minutes 56 seconds West, 70_82 feet; 9) South 00 degrees 38 minutes 45 seconds West, 297.79 feet; 10) South 26 degrees 19 minutes 20 seconds East, 225.20 feet; and 11 ) South 63 degrees 40 minutes 40 seconds West, 60.00 feet to land now or formerly of John C. Tuthill, at the point or place of BEGINNING. TOGETHER with a right of way over said other land now or formerly of Lois F_ Woodhull to and from Elijah's Lane, more particularly bounded and described as follows: BEGINNING at a monument set on the easterly line of Elijah's Lane and the northwesterly comer of land now or formedy of Steve Perge and Juliana Perge; RUNNING THENCE North 25 degrees 11 minutes 20 seconds West, along said easterly line of Elijah's Lane, 50.01 feet to land now or formerly of John C. Tuthil[: THENCE North 63 degrees'~3 minutes 00 seconds East. along said land now or formerly of John C. Tuthill and later through land now or formerly of Lois F Woodhull. 706.01 feet: THENCE South 26 degrees J9 minutes 20 seconds East, through said land now or Formerly of Lois F. Woodhull, 50.00 feet; S'CFIEDULE A ~CONTINUED) Page 3 THENCE South 63 degrees 33 minutes 00 seconds West, still through said land now or formerly of Lois F. Woodhull, along land now or.formerly of the Juliana perge Revocable Living Trust and along land now or formedy of Steve Perge and, JuJiana Perge, 7017_Q0 feet to the monument on the easterly line of Elijah's Lane and the point~or'piace of BEGINNING. Notice to Seller of Develol3ment Riahts Please be advised' that the sale of development rights to the Town of S(~uthold is not a subdivision of your parcel. The development rights parcel may not be sold separately from the fee parcel on which you have .retained development rights. If, at some point in the future, you wish to sell the fee or development rights parcel to separate persons, you must go' to the Southoid Planning Board to subdivide your parcel. The Town's purchase of development rights does not guarantee approval of that subdivision. However, you can sell both the fee and developments rights parcels toqether to another perSOn without subdividing the property. Please contact the Town of Southold if you have questions about this. DEVELQPMENT RIGHTS PURCHASE AGREEMENT THIS AGREEI~IENT, made the day of ,1997, between LOIS/~WOODHULL, P.O. Box 28, Cutchogue, New York, residing at and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office and principal place of business at Main Road, Southold, New York, hereinafter referred to as the "Purchaser." WITNESSETH 1 The Seller agrees to sell and convey, and the Purchaser agrees to purchase the Development Rights, as hereinafter defined, in all that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as Tax Map No. 1000-108-03-6.1. 2. Development Rights, as authorized by Section 247 of the New York State General Municipal Law, as amended shall mean the permanent legal interest and right 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 Southold Town Code, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production. By the sale of such development rights and interest, the Seller shall be deemed to have covenanted and agreed that the Seller, and the heirs, legal representatives, successors and assigns of the Seller, shall only use the premises, on and after the date of delivery of the instrument of conveyance of the Town, for such agricultural production. Such covenant shall run with the land in perpetuity. 3. The power and purpose of the Purchase is limited to acquiring the Develo,pment Rights in lands used in bona fide agricultural production and Purchase reserves the right, upon obtaining a survey and inspecting the premises in relation thereto, to hold a public hearing on the acquisition pursuant to Section 247 of the General Municipal Law and thereafter, to cancel this Agreement if the premises are not entirely used or suitable for agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. 4. The price is Six Thousand Five Hundred Dollars ($6,500.00) per acre for approximately twenty-eight (28) acres, the exact number of acres to be determined by survey. The price will be adjusted for the actual acreage. Seller will have the premises surveyed by a professional engineer or Licensed land surveyor of its choice, at its expense, to identify the acreage and location of the area suitable for agricultural production. Should the survey result in an increase of over fifty percent (50%) of the above proposed retained lands, the price shall be subject to renegotiation. If the Purchaser is dissatisfied with the Seller's survey, Purchaser may have the premises surveyed by a licensed land surveyor of his choice, at his expense. If there is a substantial variation between the two surveys, the acreage for the purpose of this contract shall be determined by a third surveyor to be selected by the first two. The determination of the third surveyor, whose cost shall be borne equally by the Seller and Purchaser, shall be binding, provided that the Purchaser shall not be required to expend more than the original price stipulated in this contract. If the Seller's survey is secured, the recomputation of acreage to determine purchase price shall not i[~clLide land contained n the bed of any easement, public road, private road, or of any acres as to which any other person or the public may have any rights, but title to the Development Rights to all such areas as the Seller may have shall, nevertheless, be conveyed to the Purchaser. There shall be no other adjustments or apportionments. The price shall be payable by the Town of Southold check at the time of closing. 5. The deed shall be in the form approved by the Town Attorney, and shall be duly executed and acknowledged so as to convey to the Purchaser Development Rights of the said premises, free of all liens and encumbrances, except as. herein stated, and said deed shall contain such trust clause as is required by law. If the Seller is a corporation, it shall deliver to the Purchaser at the time of the delivery of the deed hereunder a resolution of its board of directors authorizing the sale and delivery of the deed, and a certificate by the secretary or assistant secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient t(~ establish compliance.with said section. 6. Any sums paid on account of this contract and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the Purchaser under this contract. 7. The Seller agrees that the underlying fee title retained by the Seller may be divided only pursuant to applicable provisions of law and upon approval of the Town Planning Board or its successor. The provisions of this section shall survive delivery of the instrument of conveyance. 8. Rights hereunder sold are sold and are to conveyed subject to: NO EXCEPTIONS. 9. The Purchaser may make its determination of whether the premises are free from all encumbrances, except as stated, as set forth in Paragraph 5, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters, any may require the Seller to clear title exceptions raised to the satisfaction of the Purchaser, and if any is involved, the title company. 10. If at the date of closing there may be any other liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall simultaneously either deliver to the Purchaser at the 4 closing of title, instruments, in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording or filing said instruments. The Seller agrees to sign such proper vouchers for the closing check(s) as may be requested by the Town Fiscal officer at least two weeks prior to the date fixed for closing. The Purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens and encumbrances shall not be deemed objectionable to title if the Seller shall comply with the foregoing requirements. 1 1. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the Seller, the Seller will, on request, deliver to the Purchaser an affidavit showing that such judgments, bankruptcies or other returns are not against Seller, if such is the case. 12. In the event that the Seller is unable to convey title in accordance with the terms of this contract, the sole liability of the Seller will be to pay the cost of examining the title, by the Purchaser, the Purchaser's agents, or the Purchaser's title company, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the cost of any survey made in connection therewith incurred by the Purchaser and upon such payment being made, this contract shall be considered cancelled. 13. At the time of closing, the Seller shall submit a sworn statement that there have been .no changes in interest since the date of this Agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court. 14. Th,e deed shall be delivered upon the receipt of said payments at the Office of the Supervisor, Southold Town Hall, 53095 Main Road, Southold, New York. 15. The parties agree that no broker brought about this sale. 16. It is understood and agreed that all understandings and agreements had between the parties hereto merged in this contract, which with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation neither party relying upon any statement or representation made by the other not embodied in this contract. 17. The agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 18. If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read "Sellers" wherever the sense of this Agreement so requires. 19. The closing date shall be on or about at Southold Town Hall, 53095 Main Road, Southold, New York. 6 ~ © O IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto on the day and year first above written. TOWN OF SOUTHOLD J~.an W. Cochran, Supervisor Purchaser ATTEST: /~PROVED AS TO FORM To~vn Att ~orne~/ J-LrDITH T. TERRY ~g Totem Hall, 53095 Main Road TOW~N CLFTR;K ' -- REGISTP~R OF ~XT.~ STATISTICS ~ ~ Southold, New York 11971 ~iGE OFFICER ~ ~ ~ Telephone (516) 765-i800 ~COR~ ~L~AG~ ; F~EDOM OF IN~TION O~CER OFFICE OF THE TOWN CI TOWN' OF SOUTHOLD April 17, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Lois Woodhull 2458 Elijah's Lane Mattituck, New York 11952 Dear Ms. Woodhull: At the $outhold Town Board meeting held on April 15, 1997, the Town Board adopted a resolution to exercise the option to purchase the development rights in your agricultural lands. You are hereby accordingly given notice that the Town of Southold does hereby elect to exercise said option. The Town Attorney will proceed to order the survey and title search of the lands which are the subject af the option and will then contact you to arrange a closing of title. Very truly yours, : SENDER: ........ · '~ =Complele i~ems 1 and/or 2 lot addilional services. I also wish to receive ~ ~ ~ ~ ~ C°nsult p°stmas*r f°r fee' ~ 'j J 4b~ Se~ice Type ~ D Registered ~ Ce~ified ---- ~Z= ~Y 11935 ~ Express Mail ~ Insured ~ ~ ~ ~ e~ ~ Re~urn Re~t [or Mer~di~ D COD E~ ~ e ~e) 8. Addressee's Address (Only if mquested - ~r 1994 D~esti~ Return Receipt JUDITI-I T. TEP"R¥ /~x-x~'~ Town Hall, 53095 M~.in Road · TOWN CLEI{K ~,~'. P.O. ]~ox 1179 REGISTRAR OF VIT,kL STATISTICS '~ Southold, New York 11971 MARRIAGE OFFICER ~ Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Telephon~ (516) 765-1800 FREEDOM OF INFORMATION:OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS I,S~ TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 15. 1997: WHEREAS, the Town Board of the- Town of Southold wishes to purchase the' development rights in the agricultural lands of Lois Woodhull; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 15th' day of April, 1(297, pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in the proposed acquisition between the Town and Lois Woodhull; now, therefore, be it RESOLVED that the Town B'oard hereby elects to purchase the development rights in the aforesaid agricultural lands owned by'Lois Woodhull, comprising 28 acres minus setoff for house and wooded lot, at a sale price of $6,500.00 per acre; said property located at 2485 Elijah's Lane,_Mattituck, Tax Map 91000-108-03-6.1; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Lois Woodhull; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and ail required documents for the acquisition of the said development rights. // Judith T. Terry ' Southold Town Clerk April 16. 1997 PUBLIC ·HEARING SOUTHOLD TOWN· BOARD APRIL 15, 1997 5:00 P.M. ON THE ACQUISITION OF THE DEVELOPMENT RIGHTS FOR AGRICULTURAL LAND OF LOIS WOODHULL. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman Wiillam D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: Alice will be reading the notice on the acquisition of development right on Agricultural Land os Lois Woodhull. COUNCILWOMAN HUSSIE: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands P~eservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 1Sth day of April, 1997, at 5:00 P.M.,at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of the development, rights in the agricultural lands of Lois Woodhull, 2485 Elljah's Lane, Mattituck, Tax Map #1000-108-03-6.1, 28 acres minus setoff for house and wood lot, $6,500.00 per acre. Further Notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold Towt~ Clerk's Office, Southold Town Hall, 53095 Main Road, 5outhold, New York, and may be examined by an interested person during, normal business hours. Dated; April 1, 1997. Judith T. Terry, Southold Town Clerk.''~ I have an affidavit attesting to the fact that this was published in The Suffolk Times, and also, on the Town Clerk's Bulletin Board. SUPERVISOR COCHRAN: Thank you, Councilwoman Hussie. Is there anyone who like to speak in favor or opposition of this local law? Chairman of the committee, Mr. Gold? JOE GOLD: As Chairman of the Land Preservation Committee I am pleased to present to the Board a unanimous recommendation by the 'committee for the development rights that this property be purchased. ;This is a working nursery .in an area of the town, where we are very ,interested in securing the development rights in the area along Elijah~s -Lane. We just had an application to sell development rights for property 'adjacent to this. $o. we are starting to assemble preserved farms in an :'a~e.a that is almost pristine, farmland. This property is actually one farm 'off Elijah"s Lane. It has a right-of-way through. The farm is on ;Elijah~s Lane. It. has a working nursery. It"s the type of industry we are :ehc6Urag'[ng oUt here, and we recommend that the' Board approve this. Std,p~I~V.i~OR CO~HRAN: Thank you, Mr. Gold. ls there anyone else, that. WOUld like to~ address the Board? (No response.) If not, we will close the h,earmg. $outhold Town Clerk '"i~''''~ STATE OF NE~'YORK) t~{~ NOTIC~ ) SS: PUBIC H~G CO~ OF S~OLK) ~.gfidul~ral .~ds Pre~afi~i ,~1 s~d Co~, being d~y s~m, says ~at he/she To~ Of SOuthold,~: C°nsti~g ~C~pte~:~°ithe~utholdT0Wn~de,' is PrinciPal Clerk of THE S~FOLK TIMES, a Wee~y Newspaper,. published at Mattituck, in ~ the To~ of Southold, County of Suffolk and ~ ~.~ State of New York, and ~at the Notice of which ,.::the:.: ~e ~nexed is a p~ted copy, h~ been ~- ly p~Hshed in said Newspaper once each week T~ Map for ~ weeks successively, ~ommenci~ on minus setoff for hO~ and wo~ ~ ' that ~e file ~ntain~g a more [~;;~ae'~e:a d~cdption O~ ,~liohea~' pardi is .available. m ' ~S6U~°ld,~ ,Town Clerk's ,~;~SoUthold Town Hall, 53~5 Main ~clp~ Cie :Southold; New York, ~d my:be !/ STATE OF NEW YORK) COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, Flew York, being duly sworn, says that on the 3rd day of April , 1997, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southo[d, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Sou~hold Town Hall, Main Road, Southold, New York 11971. Notice of Public Hearing on the acquisition Qf development rights in the agricultural lan.ds of Lois Woodhull, 5:00 P.M., Tuesday, April 15, 1997, Southold Town Hall. Southold Town Clerk Sworn to before me this 3rd day of April 1997. ~__~ (] Not y Publi ,JOYCE ~ ~/VEJ(IN8 Nq.~r? P ubiic, State of Hew Yak ' Nm 4S52246, Suffolk CougAr' _ ~?m [~:p~ras June 12. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural' Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the lSth day of April, 1997, at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, On the question of the acquisition by the Town of Southold of the development rigl~ts in the agriculturhl lands of Lois Woodhull, 2485 Elijah's Lane, Mattituck, Tax Map #1000-03~6.1, 28 acres minus setaff for house and wood lot, $6,500.00 per acre. FURTHER NOTICE IS HEREBY GIVEN that the file"co~tair~ing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: April 1, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 10, 1997, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Committee Lois Woodhull Town Clerk's Bulletin Board JlJ-D£rji T. T~RR¥ ~ Town l{al~ 53095 Main Pmmd TO~ C~ ~ P.O. ~x 1179 ~GIST~ OF ~T~ STA~TICS ~hold, New ~rk 11971 ~R~GE,O~IC~ F~ (516) 76~1823 RECORDS ~A~ O~C~ Tetep~ne (5~) 76~1~ ' ' .F~EDOM OF INFO~t~ON OFFICER OFFICE OF TI-I~ TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: Suffolk Times FROM: Judith Terry DATE: April 3, 1997 Number of Pages [including cover}: 2 If total transmittal is not received, please call (516]765-1800. COMMENTS: PLEASE PUBLISH ON APRIL 10, 1997. Thank you. · LEGAL_~NOT1 CE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural ,Lands Preservation Law of the Town of $outhold, constituting Chapter 25 of the $outhold Town Code, the Town Board of the Town of $outhold will hold a public hearing on the 15th day of April. 1997, at 5:00 P.M., at the $outhold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the ToWn of Southold of the development rights in the agricultural lands of Lois Woodhull, 2485 Elijah's Lane, Mattituck, Tax Map ~1000-03-6.1, 28 acres minus setoff for hou, se and wood lot, $6,5Q0.00 per acre. FURTHER NOTICE IS. HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, $outhold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person, during normal business hours. Dated: April I, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 10, 1997, AND FORWARD ONE [1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, $OUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Committee Lois Woodhull Town Clerk's Bulletin Board .................................... , ....... I',I ~.ESL~.T F~.z~O.~.-'T'. .......... (APR ~3' "97 06:55PM)~ ' ~'U~LD TO~ .iL 516 ~65 18~ · mUTO) DA T ;. :~=, .:~ L TER~ :. .... :: RE- h~;:= Tw, RL PE~O~ L~B~ FILE :::E ':TSF2CAt ;' SUL".3 FAGES HO. JUDITH T. TEHRY ~~,.. Town I~Iall, 53095 Main Road TOWN CL~IClK P.O. Box 1179 M~RIAGE OFFICER F~ (516) 765-~823 RECESS ~NAGE~ OFFICE~ ~~ Telephone (51~)~765-1800 F~EDOM OF INFORNLhTION OFFICER OFFICE OF THE TO~ CLERK TO~ OF SOU~OLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGU~R MEETING HELD ON APRIL 1. 1997: R~OLVED that the Town Board of the Town of 5outhold hereby sets 5:00 P.M., Tuesday, April 15, 1997, ~uthold Town Hall, 53095 Main Road, Southoid, New York, as time and place for a public hearing on the question of the acquisition of development rights in the a~ricultural lands of Lois Woodhull, 2985 Elijah'~ Lane, Mattituck, Tax Map ~1000-03-6.I, 28 acre~ minus satoff for house and wooded lot, $6,500.00 per acre. '"' ~/ Judith T. Terry il': Southold To,.~n Clerk ,,, April 2, 1997 I' I' To~ [-['a.Q. 53095 ,~,lain Road P.O. [lox I179 Soathold, New ¥ork.11971 Fax (516) 765-1823 Telephone (516) 765-1801 !~: ~ LAND PRESERVATION COMMITTEE i:- .' lIAR 2 8 TOWN OF $OUTHOLD March 27, q997 Mrs. Judith T. Terry, Southold Town Clerk t~ $outhold, NY 11971 ";,! Dear Mrs. Terry: i~! At our meeting on Monday, February 24, 1997, a motion was ;'r: made by Michael Croteau and seconded by Jim P/m to recommend i;~ that the Town purchase the development rights on the property of Lois Woodhull, 2485 Elijah's Lane, Mattituck, NY, Tax Map #1000- ",, 03-6.1 at a price of $6500.00 per acre. There are 28 acres minus the setoff for the house and wooded lot. All were in favor. V~ry truly yours, Chairman