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HomeMy WebLinkAboutGatz, Walter/McDowell, George DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, madethis f~- dayofJuly, 1997 BETWEEN WALTER GATZ and GEORGE McDOWELL, residing at 8640 Oregon Road; Cutchogue, New'York, par[y oft. he first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53085 Main Road, Town of Southold, County of Suffolk and state.of New York, party of the second part. WlTNESSE-[H That the party of the first part, in consideration of ten ($10.00) dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, the DEVELOPMENT RI6HTS, 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, requi~e or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the 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 properties described in the attached Schedule A_ TOGETHER with the non-exciusive 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 nghts of the party of the first part in and to said premises, insofar as the dghts granted hereunder are concerned TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein. granted unto the party of the second pa~ its sUccessors and assigns forever_ AND the party of the first part covenants that the par~y, of the first part has ' not done or suffered anything whereby the said premises have been encumbeced 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 pady 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 after the date of this instrument solely for the purpose of agricultural production. AND the party of the first part, covenants in ali 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. IN WITNESS WHEREOF, the par~y of the first part has duly execute this deed the day and year first above written. STATE OF NEWYORK ) ) SS.: COLIN-FY OF SUFFOLK ) On the JC'CE~dday of July, 1997, before me personally came WALTER GATZ and GEORGE McDOWELL, to me known to be the individuals described fn and who executed the foregoing instrument, and acknowledged that they executed the same_ Notary Public ~ 11842 now or fo~erty of ~ Do~!es~; R~G ~ al~g sai~. ~ds the fo!!o~g (2) two =our~ and R~G ~CE ~ong s~d l~ds Souuh ~8 degrees 3! minuUes 10 secon~ fee~; ~ ~ Souuk 39 de~e~ G7 m~uues 20 seconds Easu !63~.!3 feet; R~G ~ South 38 de~es 52 mznuues 30 secon~ East 2~5_65 feeE; ~ING ~ Sou~ 5! ~es 07 m~tes 30 se~nds Wesu ~85_44 feeu to racrea=ion ar~a on ~he }~p of 0ragon View R~NG 'r~ along said !~ No~h 37 d~rees 39 ~u=as l0 seconds Wesu A61.77 R~NG ~NCE along I~s ~ow or fo~ty of Wa!~er Fi~er Nor~h 37 d~rees 27 salutes'7 20 secon~ West 1648.54 fee=; i~G 'r~CE Nor=h 52 d~rees 39 ~utes 40 seconds ~st 219.94 feau; P~I~G ~ Nor~k ~7 de~ees 27 ~utas 20 seconds Wes~ 320.08 faeu side of Oregon Road; R~G ~N~ ~ong the sou~her!y side of Oregon Road Noruh 52 d~rees 39 seconds East 152.38 fee~ =o ~e poLnu or place of BEGginG. FOR CO~U~-E~TL~C~_NG 0AILY, (Together with all right, uitla a~d i~ueresu of, in iF iNTT~NDED FOR CONVEY.~;C~,NG(a~d to any s~ree~a and ruads ~J~ucuing uhe above (described premises, ~o ~he cenuar !i_~e '-hereof. (~CEIVED ~um~r of pag~ R~ E~A~ SUF~ 43824 ~d t Mortgage ~ent ~ / ~ng~ T~ S~mp R~or~ng / Fi!ing S~ps ~584 ~. 2. Addifion~ T~ Notation .~ Sub To~l EA-5217 (State) ~ S~. Comm. of Ed_ 5 . ~ ~ Du~ Town ~ Dual County Held [or Ap~ffionment ~ Affidavit Trans[er T~ ~fi~>~ Ce~[i~ Co~y ~sion Tax ~e pr~y ~ve[~ by ~is mo~gage is or Reg. Copy ~ will be improved by a one or two [amily Sub To~ d~lllng only. O~er '~ ~ ~ YES ~ or NO ~ ~l~ I[ NO, *~ appro~ m clau~ on page GR~D TOTAL ' ' ~ ~ o[ this ins~menL .~..{~ R~' Properly T,~ Service Agency V~iF~tion I:'.'.~'~ Title Company Information  Di~. Scc~on Block I Lot ] Commonwealth Land Insucanc~ Compan~ ~000 095.00 04.00 ~ ]~ · O0~ Company V~t~Z3~$-- (NEW NUMBER) RH 970861 Pay~r s~ as R ~ R ~ Company ~ (or ~ Land Title Insurance N . commonwealm W Lana l ~tie Imuranee ~ompany  J~ OLD ~OUNTRY HOAD, P.O. 8OX ~, H~VEHHEAD, ~ ~01 ADDRESS: 177OIdCo~I~R~$B RECORD & RE~RN TO ~rao~ N.Y. ll~l ~ 7 (ADDRESS) Suffolk County Recording & Endorsement Page This page fo~s p~ of ~e at~ched d e ed made by: (SPECWY TYPE OF INS~U~) Walter Gatz and George McDowell ~e p~mises herein is simat~ in S~FOLK CO~, ~W YORK. TO ~ ~e TownsMp of Southold The Town of Southold M ~e VILLAGE or H~ of Mattituck BO~S 5 T~U 9 ~ST BE ~P~ OR PRATED ~ BLACK ~K O~Y P~OR TO ~CORDING OR F~G. . -, tsstm~ Bx .... :' · ; '- : ' OWNER $ LICY OF T~TLE' . ~,,: '"~B~CTTOT~CLUSTO~SFROMCO~GE, THE~XC~ONS~OM~CO~D~SCHEDULEB~ mlle~ th~ Core. W. ~r~, as af Daxe of Po~ shown ~ Sched~e A. ag~ Io~ ~ ~e, n~.~g the Aren.t o~ In~e ~ted 4 ~ ~a coamno~ Supmmo~ ~, . ~ i h~re~m ai~ 5) ~ ~y a~bo6~ed offi~. ~he Poh~ m b~ome ~d wh~ c~r~ ~ a~ 6ffi~ or agmt of the ~mp~y.  ' S~e~ ,, President EXCLUSIONS FROM CO--GE '  I. (a) .~y law. or~m or gov~menr~ re~on {i~ludmg bm not ti~ ~ h~g and m~ h~ o~, or mg~) r~cmg, re~lating, pro.biting or relating to (i) the oc~pancy. ~e, or enjo~em of ~e l~& ~ffi the ~n~. ~mem~ or l~fion of ~y ~pmve- :~ m~r n~ or h~e~ter ~e~ed on ~ l~d: 6h3 a se~on ~ o~m~p or a c~e ~ ~ ~om or ~ of the ~ or any p~cfl :~' whmh ~e land is or w~ a pm; or (iv) envkom~t~ prore~on, or the Mfeet of ~ ~ol~n of ~e hws, vr~ or gov~enml ~a-~~ ~i~g~ viohtim aff~t[~ the ~d ~ been r~orded in the pubic r~or~ hr ~te of lien or en~br~ resulting ~om a viohfion or ~l~ ~olafion ~f~g ~e i~d h~ b~n ~ ~e pu~c r~mr~ at ~te of Po~cy. 2. ~ of em~ent domm ~le~ notice of rRe exerc~e ~ereof ~ b~ r~ed h the p~c ~ ar Dam of PoS~'. bm not ~clud~g from covera~ any x~ wh~ ~ occurr~ prior to Date or Poem] ~ wo~ ~e ~m~ng en ~e d~B of a ~ser for v~ue knowledge. ~-Def~ts~ liens, enmbr~ ~verse cl~s or o~er maas: (a) crmted, mffer~, assmed or ~ ro by ~e ~ed cI~mt; ¢) nor~own to the ~m~y. no[ r~ord~ ~ ~e pubic records ar ~e o~' Policy. bu~ ~o~ m the i~r~ c~mant and nor ~sclosed . ~ (0 r~l~ng ~ no loss or ~ge to the insur~ ~tl ~ (d) a~aching or ~eated sabsequem to Date ?f PoS~ or " (e) r~g ~.loss o3 ~age w~cn wo~d nor have been ~stained ff ~e ~ ~ant ~d ~d vflue for ~e ~m~ or ~te~ ins~ed ~ th) ~e ~c~on grating &= e~re or int==r ~e~ by ~ poil=y being ~ed a prefe~ ~ter wh~e ~e preferential ~fer . ,{ fi) m rimer r~ord &[Ns~ent of =~sfer; or ~;3~:~ (ii) of ~ r~eordmionl to ~pan nofim to a purch~er for mlue or a/u~em or ~en ~or. ~40U~T OF I/qSI/R3%~CE: $ 171,1!9.40 POLICY 1{O. 206-124421 TITLE NO. DATE OF POLICY: 07/14/97 1. ND2VLE OF INSUP~ED: TOW~ OF SOUTHOLD 2. TEE ESTATE OR IIFFEP~EST /-N THE LAND W~IC~ IS COVERED BY T~IS POLICY IS: D EVE LO PMEIqT~_L RIG~T- S 3. TITLE TO TEE ESTATE OR /-~7fEPdEST IN T~E L~/FD IS VESTED Iiq: Deed made by W.~LTER C=ATZ AND GEORG~E MCDOWELL to TI{E INSUP~ED, d~tad 7/14/97 ~ld duly recorded 7/24/97 in Li~er 11842 cp 742 i/1 Office of tha Clerk for the County of Suffolk. 4. TITE LA_ND REF~R~ED TO UN THIS POLICY IS DESCRIBED IN SAiD LNSTR~, IS S!T~/ATED IN '~n~ COUNTY OF SLrFFOLK, STATE OF NEW YORK, ~ IS IDEAWfIFIED AS FOLLOWS: SEE SCE~DULE "A" AT?_AC~D SCHEDULE B EXCEPTIONS FROM CO%rEd~A~E POLICY NO. 206-124421 TITLE NO. P~{970861 This policy does not insure agaLnst loss or damage (and the Company w~ll not pay costs, at~oz-~eys' fees or expenses) which arise by reason of: 1. Survey made by Young and Young dated 4/21/97 shows a frame barn, (a) frame building in westerly area, (b) farm roadway crosses westerly part of premises. No other v-=riations. 2. Subject to rights of or, hers than the insured in, to and over the farm roadway crossing the westerly p~rt of the prem/ses as shown on the sruvey used herein. COMMONWEALTH LAND TI%~LE !~SURA~CE COMPAI~Y ST_A~D~D N~W YOP~K E~ORSEb~NT OWSPER' S POLICY To be attached m~d made a pa~t of Policy Number: 206-124421 1. The following is added to the insur/~g provisions of the face page of this policy: "5. A~¥ statutory lien for services, t~bor or materials furnished prior to the date h~reof, a~d whick has now gai~ed or which may hereafter gaLm priority over the estate or i~terest of ~e insured as show~ i~ Schedule A of this policy." 2_ The following is added to Paragraph 7 of the conditions and Stipulations of this policy: "(d). Zf the recording date of the instruments creat//~ the insured interest is later tha~ the policy date, ouch policy shall alee cover intervening liens or encu~b~snces, except real estate taxes, assessments, water charges and sewer re~to." Nothing herein contained sh~ll be construed as extending or cha~gin9 the effective date of said policy, u~]ess o~he~Nise expressly stated. This endorsement, when co~tersigned below by a validating si~natory~ is made a part of the policy and is subj eot to the Exclusions from Coverage, Schedules, Conditioms and Stipulations therein, except as modified by the provisions hereof. Dosed: 07/14/97 COMMO~ALTH LkND TITLE i~SUP~NCE COMP~N~g IrIC~ PRESIDENT ~ BRANC~gL~NAGFd~ S C/~DULE A THE pREMISES IN WI{ICH Tt~E ZNSI/R~D ~IAS T~ ESTATE OR I~TEP, EST COVERED BY THIS POLICY ALL that certain plot, piece, or parcel of la~d, situate, lying and being at Mattituck, in the To%rn of Southold, Conu~ty of S~ffolk a~l State of ~ew York., bounded ~nd described as follows: BEGIATNiNG at a po//%t on the southerly side of Oregon Road at the westerly line of land now or formerly of .~thony Domaleski; RUNNING T~ENCE dong sai~ lands the following (2) two courses and, distances: 1_ South 38 d~grees 31 minutes 10 seconds East 150..00 feet; 2. ~orth 52 de~rees 39 minutes 40 seconds East 121.00 felt ts land now or formerly ~f ~ Marie Krupski~ RUNNING THENCE along said lands South 38 degrees 31 minutes 10 seconds East 386.90 feet; RUNNING T~IqC-E South 39 degrees 07 minutes 20 seconds East 1633.13 feet; ROlq~IING T~NCE South 38 degrees 52 minutes 30 seconds East 245.65 feet; RI/NIXING THEI~CE South 51 degrees 07 minutes 30 seconds West 585.44 feet to the park and recreation area on the Map of Orego= View Estates: RI/NI4-/NG THENCE along said lands North 37 degrees 39 minutes 20 seconds West 461.77 feet; RUA~NING %~:~ENCE along la~ds now or formerly of Walter Eioner North 37 degrees 27 minutes 20 seconds Nest 1648.54 feet; RUb~NING THENCE North 52 degrees 39 minutes 40 seconds East 249.94 feet; RUAYNING THENCE North 37 'degrees 27 minutes 20 seconds West 320.08 feet to the southerly side of Oregon Road; RUNNIi~G T_~_/{CE along the southerly side of Oregon Road North 52 de~rees 39 minutes 40 seconds East 152.38 feet to the point or place of BEGINI~i-NG. FOR COR-V~yANcING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR COI~V~/~C_rI~G(and to any streets a~ld roads abutting the above (described premises, to the center line t~hereof. · ' 42 65 · ' ' 6ONDITION~ AND STIPUL, AI'ION$ (Conlinued) 7. DETEI~MINATION, EXTENT OF LIABILITY AND COIN$.URANCE. Ih) When habiILty and lh~ ~x[em oF [os~ . or d~ge by reason of matters ins~ against by ~is ~H~ and only to 13. ~BR~A~¢N UPO~ PAYMENT OR (a) The liability of the Company und~ l~is policy shall not ex~ ~e (a) ~e Company's Ri~[ of Su~ro~tion. . le~t off Wh~e~r t~ Compaq,shall have settled· an4 paid a claim under this · ~1~3' ali right of subrog~'on s~aH v~t in. the Company unaffected by (i) the ~o~I of Insu~nce stated in Schedule A; or, any act of ~ i~r~ c[~ma~t, '. . .,,,,-~t...:l,~ ,,. ,r .0'.: Il - 'r,[[r ..~ in a l) {)' ~e ' ~4~r~4$q,:n',~c.:,~;'.',[[ ,,o~ ;~,. '~,:~ .,, , ,,, d., -.: ,.;,-, ,, ,,~d ~'. ~:~,,.~e~"a* '"~.~'.-." ' :~" ,.",' 10~ · Jb~ FClNSU~ANC~' REDIJCTION OR TERMINATION { (b) A~' claim of loss{ or c .,'.-~?.,,~??', ?, ..~., .,,,,,,. ,..,,.,, ..... ,.,.,:., , ,,,,~ ..... ~ ~:~..~.,,- .h~ :,,.,. ,, h ,, , ..I, or deslroyed in ~vhich case ~rooC shaIl be adgr~ed to COM~N~EAL~ LAND TI~E ]NR~RANCE 00-17 " · ~ I: TOWN CLEI~K ~ ~ ;;~' --D~: :~, P.O. Box 1179 · ~~~ ~ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER , RECORDS MANAGEMENT OFFICER ~~ Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD March 21, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Walter Gatz & George McDowell 1800 Sound Avenue Mattituck, New York 11952' Dear Mr. Gatz &'Mr. McDoweil: At the Southold Town· Board meeting held on March 18, 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 of the option and will then contact you to arrange a closing of title. Very truly yours, ~; SENDER: ~ ·Complete items 1 and/or 2 for additional services. I also wish to receive the m · Complete items 3, 4a, and 4b. following services (for an · ·Print your name and address on the reverse of this form so that we can return this extra fee): f , card to you. · Attach this form to the front of lhe mailpiece, or on the back if space does not 1. [] Addressee's Address · Write'Return Receipt Requested' o~ the mailpiece below the article number. 2. 'r-I Restricted DeliVery ~ ~ ·The Return Receipt will show to whom the article was delivered and the date ~' ~ ,- delivered. Consult postmaster for fee. ~ ' ~. '"'. '= 3. Article Addressed to: 4a. Article Number .. ~ ~ '~ ~1,~ .~ ~: Retum Receipt for Merchandise ~ COD = ._ e ~ ~ = 5. Received By: (Print Nam~ 8. Addressee's Address (Onlyif requested .... ~ ~ = ~ ~ = = and fee is paid) PS Form 381 ~ ~ December ~ ~9~ Domestic ~eturn ~eceipt JUDITH T. 'I'~:KRY ~I~~'~' ''~ Town Hall, 5~095 l~Lain Road TOWN CLERK ~~ ' P.O. Box 1179 REGISTRAR OF V1T.kL STATISTICS ~' Southold, New York 11971 MARRIAGE OFFICE~ Fax (516) 765-1823 . ~ECORDS MANAGE ~MENT (~FFICER Telephone (516) 765~1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CI.ERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD ·TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 18. 1997: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricul:tural lands of (1) Walter Gatz & George McDowell, and (2) Cecil & Marion Young; and WHEREAS, the Town Board held a public hearing with respect to said acquisitions · on the 18th day of March, 1997, 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 (1) Walter Gatz & George McDowell, and {2) Cecil & Marion Young; now, therefore, be it RESOLVED that the Town Board hereby elects to purchase the development rights in the aforesaid agricultural lands owned by Waiter Gatz & George McDowell, comprising approximately 30 acres, at a sale price of $180,000; said property located at 8640 Oregon Road, Cutchogue, N.Y., Suffolk County Tax Map No. 1000-95-4- 14.1; and the aforesaid agricultural lands of Cecil & Marion Young, comprising approximately 12.9 acres, at a sale price of $104,000; said property located at Route 25, Laurel, N.Y.., Suffolk County Tax' Map No. 1000-12-~-1-6.1; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and' directed to give notice of such acceptance to (1) Walter Gatz & George McDowell, and (2) Cecil g Marion Young; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. Southold Town Clerk March 19. 1997 PUBLIC HEARING SOUTHOLD TOWN BOARD MARCH 18, 1997 5:00 P.M. ON THE ACQUISITION OF THE DEVELOPMENT RIGHTS FOR AGRICULTURAL LAND OF GATZ/McDOWELL AND YOUNG. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Tow. nsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: Councilman Moore will read the Legal Notice. COUNCILMAN MOORE: "Notice is hereby given that pursuant to the provision of the Agricultural Lands Preservatlon 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 en the 18th day of March, 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: Walter Gatz & George McDpwelll, 86[[0 Oregon Road, Cutchogue, Tax Map #1000-85-[[=1[[.1, approximately 30 acres, $180,000. Cecil & Marion Young, Route 25, Laurel, Tax Map #1000-125-1-6.1. approximately 12.9 acres, $10[[,000. Further Notice is hereby given that the files containing more detailed descriptions of the above mentioned parcels is on file in the Southold Town Clerk's Office, Southold Town .Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: March [[, 1997. Judith T. Terry, Southold Town Clerk." I have affidavi~t of publication in The Suffolk Times, and an affidavit that it has been pQsted on the Town Bulletin Board, and there is no comment or correspondence. SUPERVISOR COCHRAN: You have heard the reading. At this time we will entertain comments from the audience speaking either in favor of, or opposed to? We'll hear from our Chairman of our Land Preservation Committee first, Joe Gold. JOE GOLD: Thank you. Jean. I don't have to introduce myself now. The Land Preservation Committee has unanimously recommended we purchase the development rights of these two parcels. We think they will be very worthwhile additions to the portfolio of properties, that the Town has already preserved. The Young property is on the Main Road in Mattituck, just west of the Town park, and the property abuts land on Laurel Lake, so therefore the property will help protect Laurel Lake in any encroaching d~velopment. The other property, the Gatz/McDowell farm is on Oregon Rbad, and 'that, of course, is the pristine farming area in ~his communi.~y', and we are striving to purchase development rights in tl~al~ area. ~Thes& two ar~. very f~agiie parcels, and the committee, as I s~id, recomh~ends that the ~o,ard r0~l~e this puYcktase. SUPERVISOR CC)~CH~.~N: Thank you. Is there anyone else who would like to' addlress t~he '[~bard o,n this topic, either in favor, or against? (No response.) If noir' w~e will C~ose the hearing. Judith T. Terry Southold Town Clerk .i~ ....... STATE OF NEw'YORK) - ) SS: -¢_~ of Mattituck, in app.rpximatciy 12:91.a~rCs;~,$a04~000. s~d Co~, being d~y sworn, says ~at he/she ~Y GI~N'.~at GI~ tha~ th~ flies wntaining moic is Principal Clerk of THE S~FOLK TIM~, a ?~i~u~sua~g to thc- ~r0~iii~nS of t~ .. detalia d~s~ptionS df/he' ab0~i men. ?';~!~icultural~ds Pi~Sc~fion Mw of , tioncd patois is,.on.filc-~ ae. Southold Wee~y Newspaper, published at Mattituck, in ~,~he To~n ~0i-:S0uth~ld~. ~-c0nsti/uting , Town Clirk's':~0ffi~,~ Sguth~l~To~ ~ ~': ........:. ~ '-' ... ~ the To~ of Southold, County of Suffolk and '3he ToWn B0ar~, 0f ,~. ToWn-of ~, 10rR~d ~y ~;~exa~ed.,'~b} ~ State of New York, and ~at the No~ce of which ly p~lished in said Newspaper once each week Swo~before me this . .... --. STATE OF NEW YORK) COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 6th day of March I997, 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 Southold, Suffolk Count,/, New York, to wit: Town Clerk's 13ulle:~in Board, Southold Town Hall,, Main Road, Southold, New York 1197~. Legal Notice, Notice of Hearings on the question ,of the acquisition of developm~ent rights in the agricultural lands of' Walter Gatz & George McDoweil:, and Cecil & Marion Young, 5:00 P.M., Tue~da.y, March 18, 1997, Southold Town Hall. ~/ Judith T. Terry Southold Town Clerk Sworn to before me this 6th day of March , 1997. Notary Public LEGAL NOTICE NOTICE OF 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 18th day of March. 1997, at S: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: Wal.te? Gatz S Georg~ McDowell, 8640 Oregon Road, Cutchogue, Tax Map ~1000-85r4-14.1, approximately 30 acres, $180~000. Cecil g Marion Young, Route 25, Laurel, Tax Map #1000-125-1-6.1, approximately 12.9 acres, $1~04,000. FURTHER NOTICE IS HEREBY GIVEN that the files containing more detailed descriptions of the above mentioned parcels is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: March ~,, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 13, 1997, AND FORWARD TWO (2) AFFIDAVITS 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 Walter Gatz & George McDowell Cecil & Marion Young Town Clerk's Bulletin Board © © JUDITH T. TEI~R¥ ~'~~~-~ Town Hall, ,53095 Main Road TOWN CLEH~ ~~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRL~GE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 · FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~T-HJS. IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE ~ - ' ~'SouTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH ~,. 1997: RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M,, Tuesday, March 18, 1997, Southold Town Hall, 53095 Main Road, Southold, I'-~ew York, as time and place for a public hearing on the question of the acquisition of development rights in the following agricultural lands: Walter Gatz E- George McOowell, 864/) Oregon Road, Cutchogue, Tax Map #1000-95-4-14.1, approximately 30 acres, $180,000.00. Cecil & Marion Young, Route 25, Laurel, Tax Map ~1000-125-1-6.1, ~pproximately 12.9 acres, $104,000.00. Judith T. Terry~' Southold Town Clerk March S. 1997 Town Hail, 53095 Main Road P_O. Box 1179 Southoid. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 LAND PRESERVATION COI~I~IITTEE TOWN OF SOUTHOLD February 26, 1997 · Mrs. Judith T. Terry Soothold Town P.O. Box 1179 Southold, NY 11971 Dear Mrs. Terry: At our meeting on Monday, February 24, 1997, a motion was made by Jim Pim and seconded by Michael Croteau to recommend that the Town purchase the development rights on the property of Walter Gatz and George McDowell, 8640 Oregon Rd., Cutchogue, Tax Map ~1000-95-4-14.1 for the price of $180,000.00. (Approx. 30 acres). All were in favor. Xery truly yours, ~Gold ~ Chairman © JUDITH T. TEF,~H,Y Town Hall, 53095 Ma.in l~oad TOWN CI'.~ P.O. Box 1179 REGISTRAR OF VIT.a_L ~PATISTICS Southold, i~ew York 11971 · bIARRL~_C~E OFFICER Fax (516) 755-1823 .RECORDS'tViA/~.a_GE]~IENT OFFICER Telephone (516) 765-1800 'F~EEDOM OF IiNFOI~IATION OFFICER OFFICE OF THE TOWN CI,I~,RK TOWN OF SOUTHOLD December 3, 199~ Andrew D. Stype, SRA Stype Brothers Real Estate, Inc. Main Road Mattituck, New York 11952 Dear Andy: Enclosed is a certified resolution of the Southold Town Board, adopted on November 26, 1996, engaging your services to conduct appraisals on behalf of the Land Preservation (~ommittee, on the properties of Cecil & Marion Young, Walter Gatz/George McDowell, and Donna Dzugas-Smith. Very truly yours,, Judith T. Terry Southold Town Clerk Enclosure © JUDI'i'H T. TERRY /~'~'~ Town I-Iall, 53095 Ma~n Road TOWN CLEP~K ~ P.O. Box 1179 REGISTF~R OF \rITAL STATISTICS ~ Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 'RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FI~EDOM Ol~ 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 NOVEMBER 26. 1996: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Stype, Certified Real Estate Appraiser, to conduct an appraisal on behalf o~ the Land Preservation Committee on the following properties, at a total fee of $3,000.00: Cecil & Marion Young Route 25, Laurel, N.Y. SCTM~1000-125-1-6.1 Approx. 12.9 acres Walter Gatz/George McDowell 8640 Oregon Road, Cutchogue, N.Y. $CTM~t000-95-4-14.1 Approx. 31 acres Donna Dzugas-$mith Tuckers Lane & CR48, Southold, N.Y. SCTM# 1000-59-10-6.3 Approx. 28.3 acres Judith T. Terry Southold Town C~erk November 27. 1996 Town Hall 53095 Main Road P.O. Box 1179 Sou~hold. New York 1197I Fax (5t6) 765-189_3 Telephone (516) 765-180l LAND PRESERVATION COMMITTEE TOWN OF SOUTHOLD November 20. 1996 Mrs. Judith Terry, Town Clerk $outhold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mrs. Terry: At the Land Preservation Committee meeting of November 18, 1996, the committee voted to have Mr. Andrew Stype of Stype Brothers Real Estate, Inc. conduct the following appraisals: Cecil & Marion Young Route 29, Laurel Tax Map #1000-125-1-6.1 Acreage - Approx. 12.9 acres Waiter Gatz/George McDowell 8640 Oregon Road, Cutchogue Tax Map #1000-95-4-I4.1 Acreage- Apprx. 31 acres Donna Dzugas-Smith Tuckers La. & C.R. 48, $outhold Tax Map ~1000-59-10-6.3 Approx. 28.3 acres Therefore, we would like to recommend to the Town Board that Mr. Stype be contracted to perform this service for the committee at a fee of S3000.00 Very truly yours, · LAND PRESERVATION PROGRAM am the owner of property which I hereby submit for consideration by the Town of $outhold under the Land Preservation Program. ADDRESS It is understood that this submission does not commit the Town of $outhold to the purchase of my. prope~y .. Please return this completed form to: Southold Tdwn Land Preservation Committee Southold Town Hail P.O. Box 1179: $outhold, NY 11971