HomeMy WebLinkAboutAurichio, AndrewGREGORY F. YAKABOSKt
TOWN ATTORNEY
KA~EEN i~ IIJR~RY
ASSISTANT TOWN ATTORNtY
JOSHUA Y. I-IORTON
Superxfisor
Town Hail, 53095 Route 25
P.O. Box 1179
Southold,'New York 11971-0959
Telephone (631) 765-1889
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OFFICE OF THE TOV~N ATTORNEY
TO~2q OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From:
Date:
Re:
Gregory F. Yakaboski Esq.
Town Attorney
September 10, 2002
ANDREW AURICHIO to Town of Southold
Deed for Open Space
SCTM #1000-56-4-16
Betty:
Enclosed for safekeeping in your office, please find the following document:
· Original title insurance policy no. RH80013755 issued by Commonwealth Land Title
Insurance Company, January 16, 2002, in the amount of $60,000.00
Thank you.
Greg
/md
eno.
cc: Melissa Spiro, Land Preservation Coordinator w/enc.
ISSUED Bi'
COgmO~X'mU.TH k~ro T~TLE INsu~g~Icg Cot,~.~qv OWNER'S POUC¥ OF Trr~E [NSIIRANCE
SUBJECT TO THE EXCLUSIONS FROM COVEP~.GE. THE EXCEPTIONS FROM COVEKAGE CONTAINED IN SCHEDULE B _~2qD
rile CONDITIONS .~2N D STIPUI~kTIO NS, COMMONWEALTH LAND TITLE INSUILkNCE COMP_ad-~Y, a Pennsylvania corporation, herein
called the Compamy, inatres, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A. sustained or incurred by the insured, b~ reason of:
1. Title [o the estate or interest described in Schedule A being ye>ted other than as stated therein;
2. Any defect in or lien. or encttmbrance on the rifle;
3. Unmarketability of the nile;
4. Lack of a right of access to and from the land.
?heCompa~¥ ~ also pay the costs, attorneys' fees and expenses incurred in defense of the title, as in=ured, but only ro the extent provided
in the Conditions mid Sdpulatioas.
IN '~rlTNE$S,V~¥I,~P~EoF, 'COMMONWEALTH L&ND IITLE llqSUP..-kNCE COMPANY has caused it{ corporate name mad seat to be
lter eunto* re"fixed bst?tts ~*ttly aul_horlzed officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTIt L_'&ND TITLE INSURANCE COMPANY
Secre~ay President
EXCLU'SIONS FROM COVERAGE
rhe following matters are expressly excluded from the coverage of this policy mad the Company will nor pay inss or damage, costs, attorneys'
fees or expense> which aFtse by reason of:
1. (a)Anylaw, ordinance or go~ernmentairegularion (inchiding bur not limited to building andzoning laxxa, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
meat rtow or hereafter erected on the land; (iii) a separation ia owner>lzip or a 'change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these law~, ordinances or governmental regula-
tions, except £o the extent that a notice of the enforcement [hereof or a notice of a defect, lien or encumbrance resulting from a xfiolarion or
alleged ~iolarion affecting the land has been recorded in the public records at Date of Policy.
Co) Any governmental police power not excluded by (a) above, except ro the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land ha~ been recorded in the public record= at Date of Poll%'.
2, Rights of eminent dommn unless notice of the exercise thereof has been recorded in the public records ar Date of Policy, bur not excluding
from coverage any taking winch has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value aithout
knowledge.
3. Defects, liens, encumbrances, adverse clmms or other matters:
(a) created, suffered, assumed or ugh'ced to by the in~trred claimant:
CO) not kno~'n ro the Company, not recorded in the public records at Dare of Policy, bur kno,~'n ro the insured claimant and not disclosed
in writing to The Company by the insured claimant prior to the date the i~ured claimant became an insured mdier riffs policy:
(c) re.thing in no loss or damage to the insured claimant;
(d) atracinng or created subsequent ro Date of Policy; or
(e) resulting in in~s or damage which would not haxe been susudned if £he in. tired claimant had paid value for the estate or interest insured
by this policy
4. Any clmm, which arise~ out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of fed*fas bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transact[on creating the estate or interest insured by thL, policy being deemed a fraudulent conveyance or fraudulent transfer; 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:
(il ~o timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purch=aer for value or a judgment or lien creditor.
NM 1 PAIO
ALTA Owner's Policy (10/I7/92)
Face Page
Form 1190-1A
ORIGINAL
Valid only ii' Schedules A and B and Cover are attached
Commonwealth
SCHEDULE A
File No,: RH80013755
Amount of Znsurance: $60,000.00
Date of Policy: 3anuary 16, 2002
Policy No.: RH80013755
Name of Insured:
TOWN OF SOUTHOLD, a municipal corporation
The estate or interest in the land which is covered by this policy is:
Fee
Title to .the estate or interest in the land is vested in:
TOWN OF SOUTHOLD, a municipal corporation
By deed made by ANDREW A. AURICHIO to the INSURED dated 3anuary 16, 2002 and to be
recorded in the Office of the Clerk/Register of SUFFOLK County,
The land referred to in this policy is described on the annexed Schedule A - Description.
Countersigned:
Authorized Officer or Agent
Fee Po[icy Insert
JAN. 16,2002 10:30A CLTIC RIVERHEAD N0.568 ?. 2/'2
File No,,' RH8003.~755
SCHEDULE B
Exceptions from Coverage
This po[icy does ~lot insure,against los;; or damage (and the Company will not pay costs, attorneys'
fee~ Or eXpense~) which arise by reason of the following:
Eight of Ways recorded in Libor 3.3.96 Page :L40, Libor 33.6[ Page 220 and Libor 7921 Page 512, as
shown on survey as Old Nill Path,
No title is insured, to any por~ion of the premises described in Schedule A which lies beneath the
present or. former high water line of Arshamomaque Pond.
3, No Riparian dghts in, on, or over said Arshamomaque Pond are insured.
Policy excepts t.he easement and riparian rights of others to so much of premises described in
Bchedule A which'lies beneath the waters of Arshamomaque Pond.
5. PJght~ of others to the natural and unobstructed flow of the brook crossing premises.
Survey made by Peconic Surveyors, P.C. last dabad 07/11/01 shews a dilapidated frame building and
remains of fence, a) Fence encroaches an undetermined distance East of the easterly record liner b)
Wetlands and edge of Creek located, c) Bulkhead at variations to easterly record line d) 22 foot dght
of way over westerly por~ion of th~. premises e) Fence with gate in westerly area, f)Grevel driveway
from premises adjacent East encroaches an undermined distance We~ of the easterly record line. No
other variations or encroachments.
7. Policy excepts any s~ate of: facts from the date of the survey read herein.
Subject b3 possible easement rights of others then the insured in, to and over the driveway record line
as shown on the survey used herein.
9. 200i/02 Town and School boxes,
Fee Policy Znser~
SCHEDULE A -
AMENDED 12/20/01
File No.: RH8001.3755
DE CR[PTTON
: '.ALLthat certain plot, piece or parcel of land, lying and being at Arshamomaque, Town of SoutL~old, County of
Suffolk and State of New York, bounded and described as follows:
BEGTNNING at a poi~t on the northerly line of Main Road (S.R. 25) where the easterly line of Land of Ed Nidds
Estate intersects same;
RUNNING THENCE Along the easterly line of land of the Ed Nidds Estate, North 48 degrees 56 minutes 30
seconds West, 275.58 feet to the southerly line of land of the Long Island Railroad;
THENCE Along the southerly line of land of the Long Island Railroad on an arc of a curve bearing to the [eft
wh6se'~hord runs North 58 degrees 19 minutes 40 seconds East, 250.77 feet to Arshamomaque Pond;(Mill
Creek)
THENCE Ia a generally southerly direction along Arshamomaque Pond (Mill Creek) on a tie line course bearing
South 28 degrees 25 mfnutas 18 seconds East 224.68 feet;
THENCE North 62 degrees 24 minutes 10 seconds East 20.06 feet;
THENCE South 41 degrees 40 minutes 38 seconds East 36.69 feet to land now or formerly of David Haseltine
and Therese Schwartz;
THENCE Along said lands the following two courses and distances:
1.)South 69 degrees 36 minutes West, 84.00 feet;
2.)South 19 degrees 38 minutes East, 82.00 feet to the northerly line of Main Road (S.R. 25);
THENCE Along the northerly line of Main Road (S.R. 25), North 84 degrees 44 minutes West, 104.00 feet to
the point or place of BEGINNING.
Fee Policy Insert
Commonwealth, , _
File No.: RH80013755
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLI'CY)
ATTACHED TO AND MADE A PART OF POLI'CY NO, RHaD013755
'rSSUED BY
COMMONWEALTH LAND T:[TLE :INSURANCE COMPANY
The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereafter gain priority over the estate or interest of the insured
as shown in Schedule A of this policy."
The following is added to Paragraph 7 of: the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or encumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effe~ive 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 Exdusion~ from Coverage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: 3anuary 16, 2002
Issued at:
Commonwealth Land Title Znsurance Company
177 Old Country Road, PO Box 419
Riverhead, NY 11901
By_
Authorized Offlcer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92)
TQ:I. 0037NY (07/00)
7. DETERMiNATIoN, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contrac~ of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured a~nst b2, this poli%' and only to
the extent herein described.
(al The liability of the Company under this policy shall not exceed the
least of:
(il the Amount of Insurance stated ilx Schedule A: or.
(ii) the dfffere~xce between the value of the in>ured estate or interest as
,insured ~ud the value of the insured estate or interest subject to the defect.
lien or encumbrance insured against by thi, policy.
lb) In 'the event the Amount Of In~mmnee stated in Schedule A at the
Date of Policy is less 'than 80 percent df the 'value of the insured e,tate or
i.nteresl~or the full coix~Sderation paid for the laud. whichever is less, or if
Subsequent to the Date of Policy an impeovement is erected on the land
wlfich i~creases the ,'ahie of the insured estate or interest by at least 20
percent over the Amount of Insurance stated ilx Schedule A, then this
Policy is subject to the following:
(il where no subsequent imprmement has been made. as to any partial
loss, the Company shall oaly Fa5, the loss pro ·rata in the progortion that
the amount of i~sura~ce at Date of Polioy bears to the total xalud of the
insured esfate or intare~ at Date o£Policyg or
(ii) where a subsequent imprmemem hz~ been made, as to an)' partial
loss the Company shall only pa~ the loss pro rata in the proportion that
i20 percent of the .Amount of lx~urance stated m Schedule A hears to the
sum of the Amount of Insurance stated in Schedule A and the amount
e~tpended for the improvement.
The proxisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this polic), and shalI
onl) apply to that portion of any loss which exceeds, in the aggregate. 10
percent of the Amount of Insurance stated in Schedule A.
(el The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations·
8. APPORTIONMENT.
If the la~d described in Schedule A' consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurauce under this policx was dbided
pro rata as to the value on Date di- Policy of each separate parcel to the
ahole, exclusive o[ any improvements made subsequent to Date of Policy,
unless a liabdity or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown b5' mn express statement or by an endorsement attached to thi~
policy.
g. LIMITATION OF LIABILITY.
Ia) If the Compan5 establishes thc title, or removes the alleged defect.
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unrnarketabiiit) of title, all as insured, in a
reasonably diligent manner by any method, inchidii~g litigation and the
completion of any appeal~ therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for an5 loss
or damage caused thereby.
lb) In the exent of an)' litigation, inc[eddig litigation by the Compan5
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final detemtination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
lc) The Company shall not be liable for loss or damage to any insured
for liability voluntaril5 assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; BEDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs.
attorneys' fees and expenses, shall reduce the amount of the insurance pro
11. LIABIU'I'~ NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Compan3 rna3 pay under an3' policy
insuring a mortgage to which exception is taken in Schedule B or to which
the in,ured has a=m-eed, assumed, or taken subject, or which is hereafter
executed by an ins ured and which is a cha~e or hen on the estate or interest
described or retched to in Schedule & and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
o f the pa5 mom unle55 the policy has been ost or dost royed, in which case proo[
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
CONDITIONS AND STIPULATIONS
(Conthmed/ '
lb) When liability and the extent of his~ or damage has been defiuitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13.SUBROGATION UPON PAYMENT OR SE~fLEMENT.
(a) The Company's }tight of Subrogation.
Vghenever the Comte;an)' shall have settled and paid a claim under this
policy, all tight of subrogation shall vea~ in the
tmaffected by
Compan5
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rig-&tt.s and
remedies whieli the invared claimant would ba',e had against an)' person or
property in r¢specI to the, claim had this. policy not been issue& If
requested by the Compan5, [he:insured'claimant shall transfer t~ the
Company all riglxts and remedies against an)' per,on or property necessar5
in order to perfect m/s fight of *mbro~/ation. thc insured claimant shat
permit the Compan5 to 6nee, comprondse or ~ttle in the name of the
insured alaimant and to use the name of .the insured claimant in an5
transaction or litigation [nvolxSug these -rights or remedies.
If a pas'merit on account of a claim does xmt tully cover the loss of'the
insured claimant, the Company shall be su~orogated ta these rights and
remedies in the proportion which ~lie Company's pa5meixt bears to the
whole amount of the loss.
If loss should result from an), act of the insured claimant, as stated
above, that act shall not tuid this pollo5, but the Compans, in that event,
shall be required to pa5' only that part of any losses insured against by this
policy which shall exceed, the mount, if any, lost to the Company by
of subrogation.
lb] The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
c~st and shall include, without limitation, the tights of the i~ured to
indemnities, guaranties, other policies of Insurance or bonds,
notwithstanding any ten~s or conditions contained in those instruments
which prodde for subrogation tights by reason of this policy.
~4. ARBITRATION
Unless prokibited by appheab[e law. either the Compan5 or the insured
ma:,' demand arbimulon pursuant to the Title InSurance Arbitration Rules
of the American Axbitration Association Arbitrable matters ma)' include.
but are not limited to. a% controversy or claim bet,~een the Compan5 and
the insured aristh_u out of or relat[hu to this policy, an.~ service of the
Compan5' in connection aith its issuance or the breach of a policy
provision or other obligation. All arbitrabhi matters when the Amount of
Insurance is S L000d)00 or less shalI be arbitrated at the opdon of gither the
Company or the insured. Ali arbilrable matters when the Amount of
Insurance is in excess of :51,000_000 shall be arbitrated only ~hen agreed to
by both the Company and the insured. Arbitration pursuant to tlfis policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Puli%
shall be binding upon the parties. The awa{d may include attorneys' fees
oal5 if the laws of the state in which the [and is located permit a court to
a~atd attorneys' fees to a prove)ling patty. Jedgment upon the aa'etd
rendered by the Arbitrator(si may be entered in an5' court having
jurisdiction thereof.
The [a~ of the situs of the land shall apply to an arbitration under the
Title Immrance Arbitration Rules.
A copy of the Rules may he obtained from the Company upon request·
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT,
(al This policy together with all endorsements, i~ an)'. attached hereto
by the Company is the entire polic5 and contract between the insured and
the Company. In interpreting any proxision of this polic), this policy shall
be construed as a whole.
lb) An)' claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
lc) No amendment of or endorsement to this policy can be made
excepl by a wi)ting endorsed hereon or attached hereto signed bs~either the
president, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
19. SEVERABILITY.
In thc event any prmssion of the pol/cy is held invalid or unenforceable
under applicable law. tl~ policy shall be deemed not to include that proxi-
sion and ail other proxasm~ shall remain in full force and effect.
17. NOTICES, WHERE SENT.
Ag nogces requhad to be ~ven the Company and an3 statement la wntlag required
to be [h~mshed the Company shall include the ntmaber of r/us policy and shall be
addressedto: Consumer ,a~PaLrs Department, RO. Box 27567, Richmond. ~rtrgiula
23261-7567.
Form 1190-3 Cover Page
ORIGINAL Valid Only If Face Page, Schedules A and B Are .Attached
PUBLIC HEARING
JUNE i9, 2001
5:00 P.M.
ON THE PROPOSED FEE TITLE ACOUIS1TION OF AURICHIO, SCTM #1000-56-5-16.
Present:
Supervisor Jean W. CocN'an
Justice Louisa P. Evans
Councilman William D. Moore
Cotmcihnart John lyf. Romm~elli
Cotmcilmart Brian G. Murphy
Cotmcilman Craig A. Richter
Town Clerk Elizabeth A. Neville
· Toxxm Attorney Gregory. F. Yakaboski
SUPERVISOR COCHRAN: We have a heating scheduled on the fee title acquisition of Attricho.
Brian do you want to read it?
COUNCILIVIAN MURPICk': "Notice of Pubhc Heating. RESOLVED that pursuant to the provisions
of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Community Preservation Ftmd) of the
Code of the Town of Southold, the Town Board of the Toxxm of Southold will hold a public hearing.at
5:00 P.M. on the 19th of June, 2001, on the question of the fee title acquisition by the Town of
Southold of the property of Andrew Aurichio, comprising approximately 1.3 acres, located on the
North side of Main Road, Southold, New York, identified as SCTM# 1000-56-4-16, at the price of
$60,000 (sixty thousand dollars), and be it further RESOLVED that a more detailed description of the
above mentioned parcel of land is on file in' the Sonthold Toxx2~ Clerk's Office, Southold Town Hall
53095 Main Road, Southold, New York, and may be examined by any interested person during
business hours. Dated: June 5, 2001. By Order of the Southold Town Board. Elizabeth A. Neville,
Southold Town Clerk." I have an affidavit that it was posted on the Town Clerk's Btdletin Board, and
it was published in the Suffolk Times_ There is no correspondence in the file.
SUPERVISOR COCRAN: 'You have heard the reading of the Legal Notice in relation to acquiring
fee title acquisition for Aurichio. Would anyone like to address the Board either pro or con?
MELISSA SPIRO: The property is on the north side of the Main Road ri~t here in Mill Creek, and it
is adjacent to property the town acquh'ed recently, and it contains a twenty-two foot right of way for
people that provides access to the property that we acquired over the railroad tracks, and it will also
(unintelli~ble.)
DICK RYAN: Just to add to ;vhat Meiissa was reporting to you. The negotiated purchase price of
$60,000 reflects the market value of the proposed fee title purchase that was derived fi.om a recent
appraisal done by Givens Associates fi-om Hauppauge. A smx~ey of the parcel is to be accomplished. A
sttrvey and pnrchased a~eement should be subject to adoption by the Land Preservation Committee
prior to any completion of tNs purchase sitonid the Town Board so resolve. Because of ~t's location on
Mmn Road, aa~d it's proxintity to other Town owned open space the property has a high eligibility from
pubhc purchase in the unanimous opinion of the Land Preservation Committee members. The purchase
will certainly enhance and continue the community enjoyment of this natural scenic open space of
Harshamomuck Pond in the hamlet of Southold, specifically in the town in general. On behalf of the
Land Preservation Committee I nrge the Town Board to accept the offer of sale or,this property subject
:to a representation on the approvdd survey and to resolve to pm:chase the same pursuant to the
prov/sions of Chapter 6, Conununity Preservation Fund, and/or Chapter 59, the Open Space
Preservation section oSth¢ Tow~ Code, and to further resolve that the transaction can be accomplished
by the joint coordinated efforts of the Town Attorney and Land Preservation Coordinator_ Thank you_
SUPERVISOR COCHR,MN: Thmuk you, Mr. Ryan. Mr. Ryan is Chairman of our Land Preservation
Committee. He is a volunteer, and we are certainly fortunate to have both he and Melissa to work on
these things for the To~w~ Board. 'Anyone else like to address the Town Board either pro or con?
STEVE MUDD: My name is Steve Mudd, and in regards to this piece that we are talking about, is that
a buildable piece of property? Eh other words is it a piece of property that someone car[. get a building
permit for?
SUPERVISOR COCHRAN: Dick, would you answer that, please?
DICK RYAN: The zotfing for the parcel i~ Marine II, so it has potential as to residential and marine
related uses. The answer to your question, Steve, is yes. It has development potential. That is reflected
in the $60,000_
STEVE ~vFUDD: Okay, fine. That was my question. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board, either pro or con in relation
to the A~mch/o property? Mr. Krupski?
ALBERT KRr~rPSKI: Albert Kmpsld, Peconic. It was mentioned earlier by one of the Town Board
members that funds available to purchase this property. Could you say that again, please, where the
funds came? Does anyone know?
DICK RYAN: .~s a funding source either Chapter 6, Community Preservation Fund, and/or Chapter
59, the Open Space Preservation Fund.
ALBERT KRI2~SK[: Whe[e does the money actually get draxvn from, both of those funds?
DICK RYAN: Either or both of those sources.
ALBERT ICRUPSKI: Either or both, that is still va~te. Which is it?
DICK RYAN: By the time resolutions comes out, hopefully adopted by the Town Board we will
ALBERT KRUPSKE When wotdd that be?
DICK RYAN: Perhaps tiffs evening.
ALBERT KRUPSIrd: Hoxv does the Toxvn Board decide wl~ch pot to take the money out of?. How
does the Town Board decide, not Melissa, how does the Town Board decide?
SUPERVISOR COCHILAN:' We are not asking Melissa to decide xvhere the money comes fi:om. We
have funds, one is the 2%, and one is from open space, the bond issues that people pass. I think what is
looked at is the restrictions on the property.
COUNCILMAN ROIYLa2',qELI_3[: Two percent puts different restrictions on a piece of properby than a
bond resolution, which puts different restrictions on a piece of property. The 2% money you could put
a small structure on it, like a restroom, things hke that, small, as she mentioned tra/lhead. Open space
money you can't put an)~hing on it, so that is how we determine which pot to pull fi:om.
ALBERT KRUPSKI: So, in this case, how will you detennine xvhich pot to pull the money fi:om?
COUNCILMAN ROMANELLI: We talked about this coming out 2% if my memory is correct from
discussions around the table.
ALBERT KRUPSKI: Wkich would make it available to build something on it?
COUNCILMAN RZCHTER: A trailer, or something of a restroom, or parking facility for the use of
the property to make it a passive park or something of that nature.
COUNCILMAN ROMANELLI: You cotddn't put a house on it.
Al,BERT KRUPSKI: You couldn't put a building on it?
COUNCILMAN ROMANELLI: Not a building you can live in. There are restrictions on the kind of
structures that can be used for 2% money. There are restrictions that you can use on open space.
TOWN ATTORNEY YAICABOSKI: Do you have a particular concern, Al?
ALBERT KRUPSlrd: That was what I was wondering, exactl3,, what I just asked, how the Board
would make that decision on where to pull that money from. Thank 3rou.
SUPERVISOR COCHRz-kN: 'Anyone else like to address the Tox~m Board either pro or con? (No
respor~se,) ffnot I will close the hearing.
Elizabeth A. Nevil e~~
Southold Totem Clerk
Andrew Aurichio - Open Space Purchase,
SCTM #1000-056-04-016
My name is Dick Ryam I serve as your Chairman of the Southold Town Land
Preservation Committee. I have a map here, produced by towa-stafl~ which outlines the
:subject parcelunder cousidemtion, located in the Hamlet of Southold.
The subject parcel is approximately 1.3 acres in size. It has frontage on the north side of
Main Road and partly bulkheaded frontage on the westerly side of Mill Creek, leading to
Hashamomuck Pond_ The parcel is zoned in a Marine II District, which permits
xesidential and marine-related uses.
The preservation oftl~is parcel will serve to enhance efforts at providing convenient and
ready road-front access to a recent, to~-purchased 25-acre open space parcel located
north:ofthis~oparty. The Lahd Preservation Committee envisions the subject parcel
being utilized as a trailheac~ with limited vehicle parking area for hi, ers, canoeists and
nature enthusiasts intent on enjoying the views of Hashamomuck Pond and the larger
town-ox~ed parcel to the north. The larger open space parcel is now solely served by a
22-foot wide right of way from Main Road.
The negotiated purchase price is $60,000 for the parcel The market value of this
proposed fee title purchase reflects in part, the development potential and location of this
property. The value of the proposed purchase is supported by a recent appraisal
independently prepared by Given Associates of Hanppauge.
A survey of the parcel is to be accomplished. The survey and purchase agreement should
be subject to adoption by the Land Preservation Committee, prior to any completion of
this purchase, should the Towm Board so RESOLVE.
Because of its location on Main Road, and its proximity to other town-owned open space,
this property has a high eligibility for public pttrchase, in the unanimous opinion of the
Land Preservation Committee members. The purchase will most-cartainly enhance and
continue the community enjoymem of the natural scenic, open space character of the
Hashamomuck Pond area in the Hamlet of Southold, specifically and the Town, in
general.
On behalf of the Land Preservation Committee, I urge the Tov~m Board to accept the offer
of sale of this property (subject to representation on an approved survey). And to
RESOLVE to p~rehase the same pursuant to the provisions of Chapter 6
(Community Preservation Fund) and/or Chapter 59 (Open Space Preservation) of
the Town Code~ And further to RESOLVE that the purchase transaction be
accomplished by the joint and coordinated efforts of the Town Attorney and the
Land Preservation Coordh~ator.
Thank you-
June 2001 ret
"' "o£
Open
of
acqu/_
of the
C,0~7~~
~Cre$,
~ det~ed
ffOUed
, 'Rea
'~' ~on may
per-
STATE OF NEW YORK)
)SS:
_~)/,j~UNTY Of SUFFOLK)
A [~.._("' 'of Mattituck, in said
county, being duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper, pub-
fished at Mattituck, in the Town of Southold, County of
Suffolk and St. ate'of New York, and that the Notice of which
the annexed is a pdnted copy, has been regularly pub-
lished in said Newspaper once each week
for I weeks succes~i,'~ely, cornmencing
on the I~ day
of
CHRISTINA T. WEBER
Notary Public, S~ate of N~w York
No. 01WE6034554
Qualified in Suffoik County
C0mmlss[oa Expires December 13,
Sworn to before me this
day of
// -- Pr~r~jp~C~erk -
ST~.TE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the ToTM of Southold, New York, being
dulyswom, says that on the 8',d~L dayof t?c~.._ ,2001, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
mmmer, ~ a most public place in the Tox~m of Southold, Suffolk County, New York, to
wit: Tox~m Clerk's Btdlefin Board, 53095 Main Road, S0uthold, New York.
The question of the fee title acquisition by the Town of Southold of the Property of
Aurichio, SCTM# 1000-56-4-16.
Southold Town Clerk
Sworn before me this
t~.t.g, day of ?c~.. _
~ N~tary~'ublic '-
,2001,
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTR.kR OF VITAL STATISTICS
MAR I~L~-GE OFFICER
~!qEQORDS iVIAN.A_GEMENT OFFICER
FREEDOM OF I1NFOI~IATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT TlcrE FOLLOWING RESOLUTION NO. 422 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 5, 2001:
RESOLVED that pursuant to the provisions of Chapter 59, Open Space Preservation
and/or Chapter 6 (2% Community Preservation Fmld) of the Code of the Town of Southold, the
Tox~m Board of the Town of Southold will hold a public hearing at 5:00 P-M. on the 19m of June,
2001, on the question of the fee title acquisition by the Tox~m of Southold of the property of
Andrew Aurichio, comprising approximately 1.3 acres, located on the North side of Main Road,
Southolds New York, identified as SCTM# 1000-56-4-16, at the price of $60,000 (sixty thousand
dollars), and be it fRrther
RESOLVED that a more detailed description of the above mentioned parcel of land is on
file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road. Southold, New
York, mid may be examined by any interested person during business hours.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A~. NI, VILLE
TOWN CLERK
REGISTILM~ OF X, qTAL STATISTICS
I~[ARILD, GE OFFICER
RECORDS M.~AGEMENT OFFICER
FREEDOM OF YNFORiVIATIO N OFFICER
To~ Hall, 53095 Ma/n Road
P.O. Box 1179
S outhold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF TI-W. TOIVN' CLERK TO~,VN OF SOUTHOLD
FAX ~RANSMITTAL
To:
From:
Dated:
Re:
SUFFOLK TIMES - Attention: CHRISTINA WEBER
Linda Cooper, Deputy Town Clerk
June 7, 2001
Legal Notices
Number of Pages (including cover): 5
If total transmittal is not received, please call 765-1800.
COS~IENTS:
Four (4) Public Heating Notices:
Acquisition of property of Andrew Aurichio
Stop Sign - Greenwood Road
Stop Sign - Winthrop Drive
Stop Sign Trumball Drive
07,"06 '01 THU 15:i3 FAX 515 765 6145 SoI~rHoLD CLERK ~001
TRANS)HS$ I ON OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST, TI31E
USAGE T
PGS. SENT
RESULT
2566
Suffolk Times
07/06 12:41
02'12
OK
ELIZABET~ A. NEVILLE
TO'WN CLERK
rd~ OlS TK.M~. OF VIT&L STP, TI$-F~CS
Tmwn Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF TILE TOWN CLERKTOW~ OF SOUTHOLD
FAX TRANSMITTAL
To.'
From:
Dated:
Re:
SUFFOLK. TI2VI~S - Attention: CItRISTINA WEBER
Linda Cooper~ Deputy Town Clerk
June 7~ 2001
Legal Notices
Number of Pages (including cover): 5
If total transmittal is not received, please call 765-1800.
CO1VhMEI~TS:
Four (4) Public I-Iearing Notices:
LE G_kL NOTICE
NOTICE OF PUBLIC ItEARING
RESOLVED that pursuant to the provisions of Chapter 59, Open Space
Preservation and/or Chapter 6 (2% Community Preservation Fund) of the Code of the
Town of Sou~hold, the Town Board of the Town of Southold will hold a public heating at
5:00 P.Mi on the 19th of Jnne, 2001, on the question o£the fee title, acquisition by the
Town of Southold of the property.of Andrew Aurichio, comprising approximately 1.3
acres, located on the North side o£ i¥lain Road, Southold, New York, identified as
SCTM# 1000-56-4-16, at the price of $60,000 (sixty thousand dollars), .and be it further
RESOLVED that a more detailed description of the above mentioned parcel of
land is on file in the Southold Toxxm Clerk's Office, Southold Town Hall 53095 Main
Road, Southold, New York, and may be examined by any interested person during
business hours.
Dated: June 5, 2001
BY ORDER OF THE SOUTHOLD TOWN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JUNE 14, 2001, AND FORWARD ONE (1) .aATFIDAVIT
OF PUBLICATION TO ELIZ.MIETH NEVILLE, TO~VN CLERK,.TO~VN HALL,
PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The SufIblk Times
Towm Board Members
Town Attorney
Andrew Aarichio
Open Space Preservation Committee
Melissa Spiro, Land Preservation Coordinator
John Cushman, Accoar~ting
Town Clerk's Bulletin Board
GREGORY F. YAK2LB~:SKI
T O%VIq ATTORNEY
MARY C. WILSON
AMSISTANT TOWN ATTORNE~Y
JOSHUA Y. HOI~TON
Supervisor
Town H~ll, 53095 Route 25
P.O- Box 1179
Southold, New York 11971-0959
Tel?phone (~,631) 765-1889
e-,mail:
g~eg.~kaboski~o~vr~sou~hold.ny.us
mary?ilson@t o~,rru sou~0hold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
Elizabeth A. Neville
Town Clerk
Gregory F. Yakaboski, Esq.
Town Attorney
March 11,2001
Andrew A. Aurichio to Town of $outhold
Open Space
SCTM #1000-56-4-16
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 for open space dated January 10, 2002, between Andrew A. Aurichio
and the Town of Southold, recorded in the Suffolk County Clerk's office on 2/5/02,
in Liber D00012167 at Page 524.
Thank you.
Greg
/md
enos.
cc: Melissa Spiro, Land Preservation Coordinator w/enos.
Assessors w/encs.
Town Board w/o encs.
Land Preservation Committee w/o encs.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
TYPe of Instrument: DEEDS/DDD
Number of Pages: 5
TRANSFER TAX NUMBER: 01-25455
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
056.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
$60,000.00
02/05/2002
11:35:08 AM
D00012167
524
Lot:
016.000
Received the Following Fees For
Page/Filing $15.00
COE $5.00
EA-STATE $25.00
Cert. Copies $0.00
SCTM $0.00
Comm. Pres $0.00
TRANSFER TAX NUMBER: 01-25455
THIS PAGE IS
Above Instrument
Exempt
NO Handling
NO EA-CTY
NO TP-584
NO RPT
NO Transfer tax
NO
Fees Paid
Exempt
$5.00 NO
$5.00 NO
$5.00 NO
$30.00 NO
$0.00 NO
$90.00
A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
TOWN ATTORNE'%"S OFFICE
TOWN OF SOUTHOLD
~1 .l~ber o[ pages
I'O~RRENS
Cea ficale # ',,.-' % ....
. ]yior Cfi. ~ ~ '
.!!o!alio. ·
LA-52 !7 (Caunly)
LA-52 ~ .7 (Siale)
K[LT.S.A.
Coa.n. 9r
A~d~vh
Cel'li~ed Copy
Reg. Co~y
Da!o
- j
__ Sub Tota!'
Sub Tgla[
I. Basic 'l~x
2 Addilionat'l~x.
r~.l Propcrb, ]'ax Ser-vic¢ 'ag~i'l~y
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'1
Sql sfaclioas/Dischqrges/Releases Ljst Prp Jerry Owners Mailink Address
RECORD & RETURN TO:
Gregory E. Yakaboski, Esq[
Town of Southold Attorney
53095 Main Road
P.O.'Box 1179 . .,~,
Southold, New York
11971
'Or
Spec /ADO.
TOT ,MTGL _lAX
- tD'iJal ~to: I Dca! Comlly__
, -161d,for Apporfioame~
T[u~r~r Tax
Mansion ]~x
rl'l ~pro~ y Covered by Offs mortgng~ is m'
~iil'6e~[hprowd by a one or Iwo bm[ y
yES or NO.~
If~O .~ec approprialo IRx ¢]aus~ oll poge II
i ' 6~'[Ids h~sirume.t.
CommurHly Preservalion Ft, i~d
c.o~sadcr~!on ~mount $ ~
CPF Tax DU~ .
hnproyed
Vacant Land
1'])
1'])
'8 I Title Company lllhrl.atio.
~o..N_am*Comm~yealth Land ~itie
Title# RH$0015755
amde by!
Suffolk CountY Recording & Endorselnent Page
1his page forn~ pm't of !he atlached deed
(SPEC!FY TYPE OF ~NSTRUMHNT)
bNDP~W A. AURICHIO
TO
TOWN OF SOUTHO~D
'[he premises herein is si!uaied in
SUFFOLK COUNTY, NEW yORK-
In Iht Township of
In the .,VILLAGE
or !'[AMLET of
Southold
Southold
BOXES 5 TI IRU 9 NIUST BE 'l"t PED OR I'RINI'ED IN BLACK INK ONLY PIIlOR TO RECORDING OR FII.JNG,
.(OVER)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS
ONLY.
' .:'. :,~" ':;,~ .' i:~: ~.,~ .,... ' d y ar~ ~. o~n-~cia
TI:ilS INI)ENTURE~ m~de t~e J~ ~of Jantt' r T vo Th ~ ,~
BETWEEN
ANDREW A. AURICHO, residing at 2560 Kenvm Blvd., Greenpott, New '~ork 11.944,
party of the first part, and
TOWN OF SOUTHOLD, whose address is 53095 Main Road, Sbuthold, New York 1197Y
party of the second part,
WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other vahiable
consideration paid by the party of the second part, does hereby grant and release unto the party
of the second part, the heirs or. successors and assigns of the pat~y of the second part forever,
ALL that .certain plot, piece or parcel of land, with the bttildings and improvements thereon
erected, situate,~lyihgland being at Arshamomaque, Town,of Southold.,.County of .Suffolk and
State of New York, bbfffid~d ~;de~cr~bed as follows: : , . . .
"'" ' "
BEGINNING at a point on tt~e x}iSrtt~erly lihe of Main Road (S_R. 25) wtt~i-e- the ~a'sterly line of
land of Ed Nidds Estate~intersects sa.me;
RUNNING THENCE along the easterly line of land of the Ed Nidds Estate, North ~8 degrees
56 minutes 30 seconds West, 275.58 feet to the southerly line of land of the Long Island Rail
Road;
THENCE along the- s0urh&ly !ine qf land of the Long Island Railroad- on, an .arc- of cuvCe
bearing to the left whose chord runs North 58 degrees 19 minutes 40 seconds East, 250.77 feet
to the ordinary high water mark of Arshamomaque Pond (Mill Creek);
TI-LENCE in a generally southerly direction along Arshamomaque Pond (Mill Creek) on a tie
line course bearing South 28 degrees 25 minutes 18 seconds East 224.68 feet;
THENCE North 62 degrees 24 minutes 10 seconds East 20.06 feet;
THENCE South 41 degrd~s:'40'.n~inutes 38 seconds East 36.69 feet to land now or formerly of
David Haseltine and :Therese Schwartz;
THENCE along said lands the following tWO course~ find distances:
i) South 69 degrees 36 minutes West, 84.00 feet;
2) South 19 degrees 38 minutes East, 82_00 feet to the northerly line of Main Road (S.R. 25);
THENCE along the northerly line Of Main Road (S.R. 25), North 84 degrees 44 minutes West,
104.00 feet to the point and place of BEGINNING.
Subject to rights of others over Mill Path, if auy.
TOGETHER ~4th all right, title tu~d interest, if any of the party of the fzrst part, in and to the
waters of Arshamomaque Pond where same abuts.
BEING AND INTENDED TO BE the stone premises conveyed to the party of the first part by
deed from Dominic T. Aurich[o, dated October 21, 1977, and recorded November 1, 1977, in
the Office of the Clerk of the County of Suffolk in Liber 8335, Page 148.
TOGETH2ER with all right, title and interest, if any, of the party of the first part in and to any
streets and roads abutting the above described premises to the center lines thereof;.TOGETHER
~vith the appurtenances and all the estate and rights of the party of the first part in and to said
premises; TO HAVE AND TO HOLD the premises herein granted unto the part), of the second
part, the heirs or successors and assigns of the party of the secondpart forever.
AND the party of thc 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.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that
the party of the first part will receive the consideration for tlns conveyance and will hold the
right to receive such consideration as a trust fund to be applied first for the purpose of paying the
cost of the improvement and will apply the same first to the payment of the cost of the
improvement before using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" xvhenever the sense of this indenture so
requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and
year first above written.
IN PRESENCE OF:
ANDREW A. AURICHI~
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the /g~ day of January, 2002, before me, the undersigned, personally appeared Andrew A.
AurJ. chio, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknoMedged to
me that he/she/tbey executed the same in his/her/their capacity(ies), and that by bis/her/their
signature(s) on the instrtunent, the indi~ddual(s), or the person upon behalf of which the
i. ndixddual(s) acted, executed the insmtment.
O,.:slif,e,J in Su,,ffo',k County .~ ~
Commission ExJ;ires Oct. 15, 20 ~
RIDER TO DEED DATED JANUARY 16, 2002
ANDREW A. AURICHIO to TOWN OF SOUTHOLD
SCTM #1000-56-4-16
AS SET FORTH in Chapter 59 and Chapter 6 of the Town Code of the Town of
Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the
provisions of those chapters shall not thereafter be alienated, except upon the
affirmative vote of a majority of the Town Board after a pubJic 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
those Chapters 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.
TOWN OF SOUTHOLD
By:
/~HUAY. HORTON
Town Supe~isor
STATE OFltlEW'¥ORK )
COUNTY OF SUFFOLK )
)SS:
On the 16th day of January, 2002, before me personally appeared
JOSHUA Y. HORTON, 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 in his capacity
as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the
instrument, the individual, or the municipal corporation upon behalf of which the
individual acted, executed the instrument.
KAREN J. HAGEbl
NI~TARY pUBUC, State of New York
"-" No. 02HA¢927029 ~
Qualified in Suffo!?~Ooumy ~ ~.~
Commission Expires Mar~,h 21.20 ~
2u02 FeE, ,r_'5
CLERK OF
SUFFL'".L r..: C..-'-'~L!~-.-.'7~.,
L
P
37#