HomeMy WebLinkAboutRuland, William P MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro ~,town.southold.ny.us
Telephone (631 ~ 765-5711
Facsimile (631 } 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenuel
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From:
Date:
Re:
Melanie Doroski
Administrative Assistant
August 15, 2005
WILLIAM P. RULAND to TOWN OF SOUTHOLD
SCTM #1000-107-11-10; 1000-115-2-3 and 1000-115-2-2.1
Development Rights Easement
Closing: January 12, 1999
Betty:
In the process of preparing baseline documentations on properties that the Town
has acquired the development rights easement, I came across the original title insurance
policy for farmland owned by William P. Ruland. Please keep the attached title policy
#70983208 issued by Commonwealth Land Title Insurance Company in the amount of
$449,449.00 with the original recorded deed that was previously forwarded to your office
for safekeeping on June 21, 1999.
Thank you.
Melanie
attachment
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
COMMONWEALTH LAND TtrL£ [NSLIRANCE COMPANY
Commonwealth
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSUKANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, 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 by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the tit[e, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it§ corporate name and seal to be
hereunto af fLxed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership 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 laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation 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 to 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 has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
{a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Po[icy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Valid Only If Schedules A and B and Cover Are Attached
NM 1 PA10
ALTA Owner's Policy (10-17-92)
Form 1190-1 Face Page
ORIGINAL
'A.LlllItYI1 dO NOIJ.¥NIIff~43.J.
:$1N1¥'1::) ::11.,U.':15 ::I$1ARUqH.LO t:lO AYd 01 SNOI.LdO '9
Ui, IUI-IINt~.~
'~.LYUqdO0~ OI £N¥1NI¥"I~ G~IUIqISNI
*40 AliqO !SNOII:::)Y 40 NOlirlO3SOIdd aNY 3SNqd3O '~'
SNOIIV~I~IdLLS (]NV SNOILI(]NO~)
Commonwealth
Amount of Insurance: $449,449.00
Date of Policy: 12/12/99
1.
e
SCHEDULE A
Policy/File No.: 70983208
Name of Insured:
TOWN OF SOUTHOLD
The estate or interest in the land described in this Schedule and which is
encumbered by the insured mortgage is:
Development Rights
Title to the estate or interest in the land is vested in:
Deed made by WTLL[AM P. RULAND to the TNSURED dated 01/12/99 and recorded
01/26/99 in Liber 11941 Page 600 In the Office of the Clerk of the County of Suffolk.
The land referred to in this policy is described on the annexed schedule.
Countersigned:
ALTA Owner's Policy
Authorized Officer or Agent
AMENDED 1.2/28/98
PARCEL !
SCHEDULE A
Policy/File No. 70983208
ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGi'NNING at a point at the corner formed by the intersection of the northerly side of Main Road (N.Y.S. Route 25)
and the Westerly side of Mill Lane;
RUNNING THENCE along the westerly side of Mill road the following two (2) courses and distances:
1) North 16 degrees 32 minutes 36 seconds West 36:L.94 feet;
2) North 17 degrees 52 minutes 31 seconds West 1424.17 feet to the southerly side of the Long [sland Railroad;
RUNNING THENCE along the southerly side of the Long Island Railroad South 61. degrees 02 minutes 21 seconds West
433.59 feet to land now or formerly of Vanetten; and the map of Village Manor, map number 3669;
RUNNING THENCE along said map the following four (4) courses and distances:
1) South 17 degrees 40 minutes 1.1. seconds East 462.92 feet;
2) South 1.5 degrees 0! minutes 39 seconds East 225.09 feet;
3) South 14 degrees 27 minutes 29 seconds East 246.47 feet;
4) South 1.6 degrees 01 minutes 29 seconds East 283.96 feet to lands now or formerly of Wines;
RUNNING THENCE along said lands North 72 degrees l0 minutes 11 seconds East 74.50 feet to land now or formerly
of Rutkowski;
RUNNING THENCE along said lands North 73 degrees 10 minutes ll seconds East 75.70 feet to land now or formerly
of Horton;
RUNNING THENCE along said lands the following two (2) courses and distances;
1.) North 72 degrees 58 minutes 31 seconds East 75.00 feet;
2) South 1.6 degrees 1.6 minutes 09 seconds East 93.84 feet to land now or formerly of Stewart;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 73 degrees 37 minutes 29 seconds East 103.36 feet;
2) South 1.6 degrees 1.3 minutes 57 seconds East 329.26 feet to the northerly side of Main Road (N.Y.S. Route 25)
RUNNING THENCE along the northerly side of Main Road (N.Y.S. Route 25) South 85 degrees 1.2 minutes 02 seconds
East 1.49.27 feet to the Westerly side of IVlill at the point or place of BEGINN~'NG.
PARCEL
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,
ALTA Owner's Policy
Schedule A - Description
Policy/File No: 70983208
BEGINNING at a point at the northwesterly corner of the premises to be described; said point also being the
intersection of the easterly side of Mill Lane with the southerly side of the Long Island Railroad;
RUNNING THENCE along the easterly side of Mill lane the following two (2) courses and distances;
1) South 17 degrees 52 minutes 31 seconds East 1426.28 feet;
2) South 16 degrees 32 minutes 36 seconds East 1.86 feet;
RUNNING THENCE North 73 degrees 27 minutes 24 seconds East 222.65 feet;
RUNNING THENCE South 16 degrees 32 minutes 36 seconds East 437.70 feet to the northerly side of Main Road
(N.Y.S. Route 25);
RUNNING THENCE along the northerly side of Main Road (N.Y.S. Route 25) the following two (2) courses and
distances;
1) North 87 degrees 59 minutes 05 seconds East 425.46 feet;
2) South 87 degrees 39 minutes 01 seconds East 149.86 feet to land now or formerly of Graeb;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 03 degrees 59 minutes 01 seconds West 102.00 feet;
2) North 80 degrees 26 minutes 58 seconds East 130.00 feet to land now or formerly of Gowing;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 07 degrees 30 minutes 30 seconds West 28.0 feet;
2) North 85 degrees 43 minutes 28 seconds East 206.36 feet actual (203.46 feet deed) to land now or formerly of
Dickerson;
RUNNING THENCE along said lands North 18 degrees 33 minutes 51 seconds West 2185.76 feet to the southerly side
of the Long Island Railroad;
RUNNING THENCE along said lands the following three (3) courses and distances;
1) South 61 degrees 02 minutes 21 seconds West 373.33 feet;
2) South 62 degrees 37 minutes 15 seconds West 298.73 feet;
3) South 61 minutes 02 minutes 21 seconds West 441.86 feet to the easterJy side of Mill lane at the point or place of
BEGINNING.
ALTA Owner's Policy Date Printed April 5, 2000
Schedule A - Description
Policy/File No. 70983208
SCHEDULE B
Exceptions from Coverage
This policy does not insure against loss or damage (and the Company will not pay costst
attorneys' fees or expenses) which arise by reason of the following:
1. The assessed valuation on the premises herein is listed as partially exempt for taxation at the
present time, but will be subject to the discontinuance of such exemption and the imposition
of an additional tax as of the date of death, transfer of title, or possession from the exempt
owner.
2. Survey made by Stanley ]. Isaksen, Ir. dated 2-27-98 shows:
PARCEL ! - vacant land, plowed field, pond and planted field;
PARCEL ~! - frame structure, barn and frame shed; planted areas; barn/garage encroaches
0.8 feet north of the southerly record line, plowed field encroached 3 feet more or less west of
the westerly record line planted field from premises adjacent east encroaches an
undetermined distance west of the easterly record line. No other variations or encroachments.
Company excepts any changes since the date of the survey used herein.
3. No title is insured to any land now or formerly lying in the bed of the pond, its arms, branches
or tributaries by whatever name called.
4. Riparian Rights and Easements of others to and over the pond, but policy does not insure any
Riparian Rights or Easements in favor of the owner of the premises herein.
5. Rights of Tenants or persons in possession.
6. Subject to 1998/99 Town and School Taxes.
ALTA Owner's Policy
Schedule B
CONDITIONS AND STIPULATIONS
ICuntinued;
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy' is a contract of mdemnily against actual monetary loss or
damage sustained or incurred by the insured claimant who has suf{~red h)~,
or damage by reason of matters insured against by this policy and only to
the extent herein described.
la) The liability of the Company under this policy shall not exceed the
least of:
0) the Amount of Insurance stated in Schedule A: or.
(U) the difference betv. een the ~alue of Ihe insured estate or interest as
insured and the ~alue of the insured estate or interest sub.lecl to Ibc detect.
hen or encumbrance insured against by this policy.
Ih) In the e~ent the Amount of Insurance stated in Schedule A at the
Date of Policy ~s less than 80 percent of the ~alue of the tnsured e,tate or
interest or the full consideration paid for the land. v. hlche~er Is less or ff
,ubsequent to the Date of Policy an improvement is erected on the land
which increases the ~alue of the insured estate or interest by at lea>t 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
ii) ~xhere no subsequent improvement has been made. as to any partial
lo,s. the Company shall only pay the loss pro rata ~n the proportion thai
the amount of insurance at Date of Policy bears to the total xalue of the
insured estate or interest at Date of Policy; or
ri) ~.bere a subsequent improvement has been nlade, as to any partial
loss. the Company shall only pay the loss pro rata in the proportion that
120 percent of the 'S, mount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and thc amount
expended for the impro',ement.
The provisions of this paragraph shall not apply to costs, attorneys' I~es
and expenses for which the Company is liable under this pohc~,, and shall
only apply to that portion of any loss which exceeds, in the aggregate, l0
percent of the Amount of Insurance stated in Schedule A
Icl The Company will pay only those costs, attorney:,' fees and expenses
incurred in accordance v. ith Section 4 of these Condinons and Slipulations.
8. APPORTIONMENT.
If the land described :n Schedule A consists of t~o or nlore parcel~
which are not used as a single site, and a loss is estabhshed affecting one or
more of the parcels but not all the loss shall be computed and ,ettled on a
pro rata basis as if the amount of insurance under this pohcy was divided
pro rata as to the value on Date of Policy of each separate puree[ to the
who]e, exclusive of any improvements made subsequent to Date of Po[icy.
unless a liability or ~a[ue has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance ol this pohc5
and shov. n by an express statement or by an endorsemenl attached to this
policy,
9. LIMITATION OF LIABILITY.
(ay If the Company, establishes the title, or remoxres 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 unmarketability of title, all as insured, in a
reasonably dihgent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed ils
obligations with respect to that matter and shall not be liable for any los,
or damage caused thereby.
th} In the e~ent of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
lc) lhe Company shall not be liable for loss or damage to any insured
fur liability voluntarily assumed by the insured in settling any claim or ~uit
v. ithout tlqe prior written consent of the Company
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs.
attorneys' fees and expenses, shall reduce me amount of the insurance pro
tanto.
11. UABIUTY NONCUMULAllVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mop,gage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A. and the amount ~o paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing [hi~ polic~, lor endorsement
of the pay~nent unless the policy has been IDs or de~lroyed, in x~ hwh case proof
of IDs, or destruction shall be furnNhed to the satiq'aclion of the Company.
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Cover Page ORIGINAL
(b) When habilit~, and the extent of ]o~s or damage has been definitely
fixed m accordance with these Conditions and Stipulations. the loss or
damage shall be payable ~lthin 30 days thereafter
13. SUBROGATION UPON PAYMENT OR SEI-rLEMENT.
(al The Compan?s Right of Subrogahon.
Whenever the Company shall have ~ettled and paid a claim under th~s
pohcy, all rtght of subrogation shall xest in the Company unafl~cled by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all r~ghts and
renlcdles ~hich the insured claimant ~ould ha~e had against any person or
property m respect to the claim had th~s pohc.~ not been issued If
reque>led by thc Company. the insured claimant shall transtar to the
Compan) a[l rights and remedies against ally person or property necessary
m order Io perfect th~s right of subrogation. The insured cktimant shall
peered thc Company to sue, compromise or settle in the name of thc
insured CJalll/dnI and Io usc thc name of tile insured claimant In al/}
transaction or Imgat~on in,chins these rights or remedies
If a payment on account of a claml does not fully co,er the loss of the
insured claimant, the Company shall be subrogatcd to these rights and
remedies m the proporuon v, hich thc Compeny's pa.~ment bears to the
~hole anlounl of the loss.
If loss should result from any act of the insured claimant, as stated
abo~e, that act shall not xo~d tht~ policy, but the Company. in that e~ent.
,hall be reqmred to pay only that part of any losses insured agamsl by this
pohcy which ~hall e~:ceed the amount, if any. lost to the Company by
rea*on of the mlpalrment by the in~ured claimant of ihe Company's right
of subrogation
Ibi The Company's Rights Against Non4n~ured Obligors.
The Company's r~ght of subrogatton against non-m~ured obhgor~ ~hall
exi,t and shall include, w~thout hmnatmn. Ibc ri~hls of the insured to
mdemmtles, guaranues, other pohcies of insurance or bonds,
notwdhstanding any terms or conditions contained in those inMruments
,xhich provide for subrogation rights b~, reason of tlus polio;
14. ARBITRATION
Llnle>~ prohibited by applicable law. either the Company or the ~nsured
may demand arbflrafion pursuant to the Tale Insurance Arbitration Rules
of the American Arbitration Assooation Arbitrable matters ma2, include,
but are iici bruited to. an5 controversy or claim bet~een the Company and
the m,ured artsmg DUI of or relating to this policy, an2, serxice of the
Company in connection with its issuance or Ihe breach of a policy
proxislon or other obligation All arbitrable matters when the Amount of
Insurance is $1.000.000 or [ess shall be arbitrated at the option of other the
Company or thc in,urea. Ali arbitrable matters v. hen the &mount of
Insurance is in excess of $1.00,0.000 shall be arbitrated only v, hen agreed to
by both the Company and the insured. Arbnrauon pursuant to this policy
and under the Rules in effect on the date the demand for arbitration i~
made or, at the opnon of the insured, the Rules m effect at Date of Pohc5
shall be binding upon the parttes The a~xard may include attorne>s' fees
only if the laws of the state in ~hlch the land ~ located permit a court to
award attorneys' fees to a prevadmg party Judgment upon tile award
rendered by the Arbitratorls) may be entered m any court ha~ing
jurisdiction thereof.
The [aa of the snus of the land shall appb to an arbdrat~on under the
T~tle Insurance Arbitration Rules.
A cop', of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(al This policy together vqth all endorsements, if an:.. attached hereto
b5 the Company is the entire policy and contract between thc insured and
the Company [n interpreting any provision of this polio2,, this polic~, shall
be construed as a whole
{bi Any c[aim of loss or damage, v. hether or not based on negligence.
and which arises out of the status of the title to the estate or :merest
covered hereby or by any action asserting such claim, shah be restricted to
this policy,
{c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or atlached hereto signed by either the
President, a Vice President, the Secretary. an Assistant Secretary. or
validating officer or authorized signator5 of the Company,
16. SEVERABILITY.
In the event any, provision of the policy' is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that prob.-
sion and all other provisions shall remain in full force and effecl.
17. NOTICES, WHERE SENT.
Ali notice5 required to be given the Company and any statement in ~ riting required
to be furnished the Company shall include the number of this policy and shall be
addressed to COMMOIr'U~EALTH LAND TITLE INSURANCE COMPANY, IO1
Gateway Centre Parkwa5, Gateway One. Richmond. Virginia 23235-5153.
Valid Only If Face Page. Schedules A and B Are ^trachea
GREGORY F. YAKABOSKI
TOWN ATTORNEY
JEAN W. COCHRAN
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1889
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO:
FROM:
DATE:
ELIZABETH A. NEVILLE, TOWN CLERK
MARY C. WILSON, ASSISTANT TOWN ATTORNEY
JUNE 21, 1999
Attached for filing, please find the following documents:
1) The original recorded Deed of Development Rights purchased from William Ruland;
SCTM#1000-107-11-010, 1000-115-02-003 and 1000-115-02-002.001 and the Town's Title
Policy issued by Commonwealth, Title Policy No. 70983208. These am the only copies.
2) The original recorded Deed of Development Rights purchased from the Estate of
Sophie Kaloski; SCTM#1000-109-01.00-024.001 and 1000-102-04.00-006.001 and the
Town's Title Policy issued by Commonwealth, Title Policy No. 70983209. These are the
only copies.
3) The original recorded Deed of Development Rights purchased from Raphael Vineyards;
SCTM#1000-085.00-03.00-011.002. When we receive the final Title Report it will be
forwarded to your office. No copies have been kept in our office.
GFY:ck
Att.
cc: Supv. Cochran & Town Board
Land Preservation Committee
Melissa Spiro
John Cushman
John Sepenoski
DEED OF DEVELOPMENT RIGHTS
0'2-
THIS INDENTURE, made this 12th.day of January, 1999
BETVVEEN William P. Ruland, residing at Mill Lane Farm, P.O. Box 164,
Mattituck, N.Y. 11952, party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of
T~-,~ ,~,~ll~. ~'~o,,_~a~ lawful money of the United States and other good and
valuable consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by section
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises for any
purpose other than agricultural production, to the property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being in
the Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being in Hattituck, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEG]NNING at a point at the corner form_ed by the intersection of the northerly side of Hain Road (N.Y.S.
Route 25) and the Westerly side of Hill I~ane;
RUNNING THENCE along the westerly side of Hill~road~the following two (2) courses and distances:
1) North 16 degrees 32 minutes 36 seconds West 361.94 feet;
2) North 17 degrees 52 minutes 31 seconds West 1424.17 feet to the southerly side of the Long Island
Railroad;
RUNNING THENCE along the southerly side of the Long Islar~t Railroad South 61 degrees 02 minutes 21
seconds West 433.59 feet to land now or formerly of Vart~tten; and the map of Village Manor, map
number 3669;
RUNNING THENCE along said map the following four (4) courses and distances:
1) South 17 degrees 40 minutes 11 seconds East 462.92 feet;
2) South 15 degrees 01 minutes 39 seconds East 225.09 feet;
3) South 14 degrees 27 minutes 29 seconds East 246.47 feet;
4) South 16 degrees 01 minutes 29 seconds East 283.96 feet to lands now or formerly of Wines;
RUNNING THENCE along said lands North 72 degrees 10 minutes 11 seconds East 74.50 feet to land now
or formerly of Rutkowski;
RUNNING THENCE along said lands North 73 degrees 10 minutes 11 seconds East 75.70 feet to land now
or formerly of Horton;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 72 degrees 58 minutes 31 seconds East 75.00 feet;
2) South 16 degrees 16 minutes 09 seconds East 93.84 feet to land now or formerly of Stewart;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 73 degrees 37 minutes 29 seconds East 103.36 feet;
2) South 16 degrees 13 minutes 57 seconds East 329.26 feet to the northerly side of Hain Road (N.Y.S.
Route 25)
RUNNING THENCE along the northerly side of Hain Ro~d (N.Y.S. Route 25)~outh~Sd.e~J.C~ 12 minutes
02 seconds East 149.27 feet to the Westerly side of Hil[~t the point or place c~ ~tt31~)'l,]C;~
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,
BEGINNING at a point at the northwesterly corner of the premises to be described; said point also being
the intersection of the easterly side of Mill Lane with the southerly side of the Long Island Railroad;
RUNNING THENCE along the easterly side of Mill ~'~n~ the following two (2) courses and distances;
1) South 17 degrees 52 minutes 31 seconds East 1426.28 feet;
2) South 16 degrees 32 minutes 36 seconds East 1.86 feet;
RUNNING THENCE North 73 degrees 27 minutes 24 seconds East 222.65 feet;
RUNNING THENCE South 16 degrees 32 minutes 36 seconds East 437.70 feet to the northerly side of Main
Road (N.Y.S. Route 25);
RUNNING THENCE along the northerly side of Main Road (N.Y.S. Route 25) the following two (2) courses
and distances;
1) North 87 degrees 59 minutes 05 seconds East 425.46 feet;
2) South 87 degrees 39 minutes 01 seconds East 149.86 feet to land now or formerly of Graeb;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 03 degrees 59 minutes 01 seconds West 102.00 feet;
2) North 80 degrees 26 minutes 58 seconds East 130.00 feet to land now or formerly of Gowing;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 07 degrees 30 minutes 30 seconds
2) North 85 degrees 43 minutes 28 seconds East,~.~?J~ feet actual (203.46 feet deed) to land now or
formerly of Dickerson;
RUNNING THENCE along said lands North 18 degrees 33 minutes 51 seconds West 2185.76 feet to the
southerly side of the Long Island Railroad;
RUNNING THENCE along said lands the following three (3) courses and distances;
1) South 61 degrees 02 minutes 21 seconds West 373.33 feet;
2) South 62/(:[~gr.e~s~37 minutes 15 seconds West 298.7~et; ~- -.--
3)
South 6~m~inutes.)02 minutes 21 seconds West 441i'-~,~eet to the easterly side of Mill a~l~' at the point
or place of BEGINNING. '
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, its successors and assigns,
forever;
AND the party of the first part covenants that the party of the first part has
not done or suffered anything whereby the said premises have been
encumbered in any way whatever, except as aforesaid. The party of the first
part, as a covenant running with the land in perpetuity, further covenants and
agrees for the party of the first part, and the heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production.
AND The party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
3
heirs, legal representatives, successors and assigns of the party of the first part,
that the parcels of real property described herein are open agricultural lands
actually used in bona fide agri.cultural production as defined in GML section 247
and shall remain open lands actually used in bona fide agricultural production.
This covenant shall run with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with
Section 13 cf 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
convenant and agree in perpetuity that either of them or their respective heirs,
successors, legal representatives or assigns, shall only use the premises on and
4
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title may not be subdivided into
plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of
the Town Law and Section 335 of the Real Property Law, or any of such sections
of the Town or Real Property Law or any laws replacing or in furtherance of
them. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. This covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining site conditions and for inspection of the premises for compliance
with this agreement. This covenant shall run with the land in perpetuity.
5
THE party of the first part, its heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it shall
indemnify and hold party of the. second part and any of its officers, agents,
employees, and, their respective successors and assigns, harmless from and
against any and all damages, claims, losses, liabilities and expenses, including,
without limitation, responsibility for legal, consulting, engineering and other costs
and expenses which may arise out of (1) any inaccuracy or misrepresentation in
any representation or warranty made by seller in this agreement; (2) the breach
or non-performance of any convenants required by this agreement to be
performed by the party of the first part, either prior to or subsequent to the
closing of title herein; or (3) any action, suit, claim, or proceeding seeking money
damages, injunctive relief, remedial action, or other remedy by reason of a
violation or non-compliance with any environmental law; or the disposal,
discharge or release of solid wastes, pollutants or hazardous substances; or
exposure to any chemical substances, noises or vibrations to the extent they
arise from the ownership, operation, and/or condition of the premises prior to or
subsequent to the execution of the deed of Development Rights. This covenant
shall run with the land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereafter be alienated, except upon the affirmative vote of
6
a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial
town election. No subsequen~ amendment of the provisions of this subsection
shall alter the limitations imposed Ul~On the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run
with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller: ~/'~, ~ ~
William P. Ruland
Purchaser:
Town,of Southold~
By: ~.,,._~-,~ ~ ~ ~-~---,---~
Je~,~ VV. Cochran, Supervisor
7
UNIFORM FORM OF ACKNOWLEDGMENT
State of New York ) ss.:
County of ~1~]'~//~ )
On the ]Z~_ day of ~o_o, ia ~e year`/~ befor~e me, the undersigned, a
notary public ia and for said state, personally appeared
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 instalment and
acknowledged to .me that he/she/they executed the same ia his/her/their capacity(ies),
and that by his/her/their signature(s) on the instrument, the individual(s), or the person
executed the instrument.
upon behalf of which the individual(s) acted,
UNIFORM FORM OF ACKNOWLEDGMENT
State of New York ) ss.:
County of.~t~-,~/k )
Onthe /2~ dayof~7~o.~ M~eye~/~F~ beforeme, the undersigned, a
no~ public M ~d for said state, personflly ~pe~
~own to me or prov~ to me on ~e b~is of satisfacto~ eviden~ m be ~e
~dividufl(s) whose nameO) is (~e) subscrib~ m ~e within ~em ~d
ac~owl~g~ to me ~at he/she/~ey execut~ ~e sine ~ Ms~eff~ek ~paciV(ies),
~d ~at by his~er/~ek si~amre(s) on ~e mment, ~e 2dividufl(s), or 2e person
upon behflf of whch ~e ~dividuM(s) acted, execut~ ~e ~ent.
11941ti600 $
RF.~L E~'rA~E
Numar of pages ) ~ ";
~ , r,.~.~ '2'~. ~'/
Centime ~
~or C~. ~ 28a05
~d / Mo~gag¢ Ins~ent ~ / Mo~age T~ S~p R<or~ng / Filing S~
4 [ 'FEES
Page / FWng F~ ~ ~ ~ ~ Moagage Amt.
~-584 ~ · ~ ~~
mouflon lO~~~,~r~}~--~-- ~:' ~ : Sub Total
EA-5217 (County) ~ .~ O SubTotal [~ ~ . ~ ~ S~JAssit.
EA-5217 (State) L~ .O O S~./Add.
D~ Town
Comm. of Ed. 5 . ~ ~~' Held for Ap~ffionment
Affiant . · Tr~s fer T~
Ce~i~ Copy ~sion T~
~e pro~y cove~ by ~s mo~gage is
will be improved by a one or two family
Reg. Copy
/
Sub To~ ~ { ~ ~ dwelling only.
O~er ~S
GRAND TOTAL ~ ~ ~
' of ~is ins~ment.
~ R~I Prope~y Tax Servi~ Agency Verificat~n 6 Title Company Informtion
~ I I ~ 7. ~ /~, ~ O/C, ' ....
0
~omp~
D~
I 1~0 II ~,0~ oZ,~O ~02,~/ ~fle Numar
~E PAID BY:
/Commonwealth LandCa~ ~ck ~ Ch~e~
Title Insurance Company Vay s e
1777 - 6 Veterans Memorial Highway :
~ Islandia, Now York 11722~ss:
~co~ ~ ~ ~o
7 (ADDRESS)
~ Suffolk County Recording & Endorsement Page
~spagefomspaaof~eat~ch~ ~'~ ~e/~~ ~/7~ m~eby:
~ (SPEC~Y T~E OF I~S~U~)
~/~ ~ ~ ~~// ~- ~e p~ises he~ is situated
TO
~ ~e V~LAGE
or H~ of
BO~S 5 T~U 9 ~ST BE TYPED OR PR~TgD ~ BLACK ~K O~Y P~OR ~ ~CO~ING OR ~G.
I~O~ONWEALTH LAND TITLE INSURANCE COMPANY
1777-6 Veterans Memori,al Hwy.
Islandia, NY 11722
Phone: 516-232-3503 Fax: 516-232-3617
Commonwealth
May 21, 1999
TOWN OF SOUTHOLD
OFFICE OF THE TOWN ATTORNEY
MAIN ROAD
SOUTHOLD, NY 11971
A~I'N: GREGORY F. YAKABOSKI
Re: Title No. 70983208
Premises:
, NY
District: 1000 Section: 107.00 Block: 11.00 Lot: 010.000
County: SUFFOLK
Premises:
, NY
District: 1000 Section: 115.00 Block: 02.00 Lot: 003.000
County: SUFFOLK
Premises:
, NY
District: 1000 Section: 115.00 Block: 02.00 Lot: 002.001
County: SUFFOLK
Dear Mr. Yakaboski:
Enclosed please find your client's deed of development rights policy and original recorded deed. Since title
insurance rates allow substantial discounts on future title transactions such as refinances, we ask that the
homeowners safeguard the enclosed items.
We appreciate your choosing Commonwealth Land Title and look forward to serving your future title needs.
Very truly yours,
COMMONWEAkTH LAND TITLF~NSUI~ANCE COMPANY
Vincent Sette
VICE PRES]DENT AND BRANCH MANAGER
VS:jac
Encl.
ISSU£D BY
CO~,IMON~ArEALTH LAND T~rLE INsurancE COMPANY
Commonwealth
OWNER'S POLICY OF TITLE [NSLIRANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, EHE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWEALEH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporalion, herein
called the Company, insures, 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 by reason of:
I. Title to the estate or interest described in Schedule A being vested other than a~ stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorney~' fees and expenses incurred in defense of the title, as in,ured, but only to the extent protided
in the Conditions and Stipulations.
IN WITNESS WHEREOF. COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:
Secretary
By:
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. 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-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
~ hich the land is or was a part; or (iv) enx ironmental protection, or the affect of any ~io[ation of these laws, ordinance* or gox ernmenta[ regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect.
lien or encumbrance resulting from a ~iolation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Right~ of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
[rom coverage any taking which has occurred prior to Date of Policy ~hich would be binding on the rights o[ a purchaser for value ~ithout
kno~x ledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
la) created, suffered, assumed or agreed to by the insured claimant;
(bi not kno~n to the Company, not recorded in the public records at Date of Policy, but known to the in~ured claimanl and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) re~ulting in no loss or damage to the insured claimant;
id} attaching or created subsequent to Date of Polic); or
(e) resulting in loss or damage which wotdd not have been sustained if Ihe insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws. that is based on:
(al the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured b) this policy being deemed a preferemial transfer e~cept where the preferential transfer
restdts from the fat[ute:
(i) to dmely record the instrument of transfer; or
{ii) of such recordation to impart notice to a pmchaser for value or a judgment or lien creditor.
Valid Only If Schedules A and B and Co,er Are Attached
NM 1 PA10
ALTA Owner's Policy (10-17-92)
Form 1190-1 Face Page
ORIGINAL
Commonwealth
Amount of Tnsurance: $449,449.00
Date of Policy: 12/12/99
1.
=
m
SCHEDULE A
Policy/File No.: 70983208
Name of Tnsured:
TOWN OF $OUTHOLD
The estate or interest in the land described in this Schedule and which is
encumbered by the insured mortgage is:
Development Rights
Title to the estate or interest in the land is vested in:
Deed made by WILLIAM P. RULAND to the TNSURED dated 01/12/99 and recorded
01/26/99 in Liber 11941 Page 600 ]~n the Office of the Clerk of the County of: Suffolk.
The land referred to in this policy is described on the annexed schedule.
Countersigned:
ALTA Owner's Policy
Authorized Officer or Agent
Policy/File No. 70983208
SCHEDULE B
Exceptions from Coverage
4.
5.
6.
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of the following:
The assessed valuation on the premises herein is listed as partially exempt for taxation at the
present time, but will be subject to the discontinuance of such exemption and the imposition of an
additional tax as of the date of death, transfer of title, or possession from the exempt owner.
Survey made by Stanley .1. Isaksen, .ir. dated 2-27-98 shows:
PARCEL I - vacant land, plowed field, pond and planted field;
PARCEL II - frame structure, barn and frame shed; planted areas; barn/garage encroaches 0.8
feet north of the southerly record line, plowed field encroached 3 feet more or less west of the
westerly record line planted field from premises adjacent east encroaches an undetermined
distance west of the easterly record line. No other variations or encroachments.
Company excepts any changes since the date of the survey used herein.
No title is insured to any land now or formerly lying in the bed of the pond, its arms, branches or
tributaries by whatever name called.
Riparian Rights and Easements of others to and over the pond, but policy does not insure any
Riparian Rights or Easements in favor of the owner of the premises herein.
Rights of Tenants or persons in possession.
Subject to 1998/99 Town and School Taxes.
ALTA Owner's Policy
Schedule B
SCHEDULE A
Policy/File No. 70983208
AMENDED 12/28/98
PARCEL I
ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point at the corner formed by the intersection of the northerly side of Main Road (N.Y,S. Route 25)
and the Westerly side of Mill Lane;
RUNNING THENCE along the westerly side of Mill road the following two (2) courses and distances:
~.) North 16 degrees 32 minutes 36 seconds West 361.94 feet;
2) North 17 degrees 52 minutes 31 seconds West 1424.17 feet to the southerly side of the Long Island Railroad;
RUNNING THENCE along the southerly side ~f the Long Island Railroad South 61 degrees 02 minutes 21 seconds West
433.59 feet to land now or formerly of Vat,ten; and the map of Village Manor, map number 3669;
RUNNING THENCE along said map the following four (4) courses and distances:
~.) South 17 degrees 40 minutes :L:L seconds East 462.92 feet;
2) South 15 degrees 0! minutes 39 seconds East 225.09 feet;
3) South 14 degrees 27 minutes 29 seconds East 246.47 feet;
4) South 16 degrees 01 minutes 29 seconds East 283.96 feet to lands now or formerly of Wines;
RUNNING THENCE along said lands North 72 degrees 10 minutes 11 seconds East 74.50 feet to land now or formerly
of Rutkowski;
RUNNTNG THENCE along said lands North 73 degrees 10 minutes 1:~ seconds East 75.70 feet to land now or formerly
of Horton;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 72 degrees 58 minutes 31 seconds East 75.00 feet;
2) South 16 degrees 16 minutes 09 seconds East 93.84 feet to land now or formerly of Stewart;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 73 degrees 37 minutes 29 seconds East 103.36 feet;
2) South 16 degrees :L3 minutes 57 seconds East 329.26 feet to the northerly side of Main Road (N.Y.S. Route 25)
RUNNING THENCE along the northerly side of Main Road (N.Y.S. Route 25) South 85 degrees 12 minutes 02 seconds
East 149.27 feet to the Westerly side of Mill at the point or place of BEGINNING.
PARCEL II
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,
ALTA Owner's Policy
Schedule A - Description
Policy/File No: 70983208
~E(~INNING at a point at the northwesterly corner of the premises to be described; said point also being the
intersection of the easterly side of Flill Lane with the southerly side of the Long Island Railroad;
RUNNING THENCE along the easterly side of Mill lane the following two (2) courses and distances;
1) South :L7 degrees 52 minutes 31 seconds East 1426.28 feet;
2) South 16 degrees 32 minutes 36 seconds East i]..86 feet;
RUNNING THENCE North 73 degrees 27 minutes 24 seconds East 222.65 feet;
RUNNING THENCE South 16 degrees 32 minutes 36 seconds East 437.70 feet to the northerly side of Main Road
(N.Y.S. Route 25);
RUNNING THENCE along the northerly side of IVlain Road (N.Y.S. Route 25) the following two {2) courses and
distances;
1) North 87 degrees 59 minutes 05 seconds East 425.46 feet;
2) South 87 degrees 39 minutes 01 seconds East 149.86 feet to land now or formerly of Graeb;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 03 degrees 59 minutes O! seconds West 102.00 feet;
2) North 80 degrees 26 minutes 58 seconds East 130.00 feet to land now or formerly of Gowing;
RUNNING THENCE along said lands the following two (2) courses and distances;
1) North 07 degrees 30 minutes 30 seconds West 28.0 feet;
2) North 85 degrees 43 minutes 28 seconds East 206.36 feet actual (203.46 feet deed) to land now or formerly of
Dickerson;
RUNNING THENCE along said lands North 18 degrees 33 minutes 51 seconds West 2185.76 feet to the southerly side
of the Long Island Railroad;
RUNNING THENCE along said lands the following three (3) courses and distances;
1) South 61 degrees 02 minutes 21 seconds West 373.33 feet;
2) South 62 degrees 37 minutes 15 seconds West 298~73 feet;
side of I~lillila~ne at the point or place of
3) South 61 minutes [~2 minutes 21 seconds West 44:1,.~, feet to the easterly
BEGINNING. / ,:,~ · '
ALTA Owner's Policy Date Printed May 21, 1999
Schedule A - Description
'IN:IS gU=IH/IA 'S:;OIION 'ZL
'IOYUINO0
*::IUIIN'::& ~OIIOd !AOl'lOd $1H10I 0':1111~11'1 A.J.IllSYI1 '~l-
'lN=ll~lqql I::IS t:lO 1N*:II~I~Yd NOd~ NOII¥~DOUQI~$
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
LAND PRESERVATION COMMI[TrEE
TOWN OF SOUTHOLD
TO: C-reg Yakaboski, Town Attorney
FROM: Dick Ryan, Chairman
SUBJECT: Status Report - Contracts/Closings for Land Preservation Projects.
DATE: November 13, 1998
The next meeting of the Committee is set for November 16t~ ~ 7:30 P.M.
I would appreciate it if you were able to put together a brief update of the status of the
respective transaction for the following Projects, so that I can share the information with
Committee members.
Ruland Development Rights
Kaloski Development Rights
Raphael Development Rights
Fitxgerald Open Space
I would also appreciate receiving a copy of your respective model contract for a
development rights easement purchase, pursuant to Chapter 25 and an open space fee
purchase, pursuant to Chapter 59.
Lastly, can you advise when you will be able to provide a model contract for a
conservation/scenic easement purchase, pursuant to Chapter 59.
I note the need for similar model..contracts to be made pursuant to the pro~;isions of the
Chapter 6.
Cc: LPC members
B. Murphy, Couneiiman
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box ).179
Southold, New York 11971
Fax (5161 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING
ADOPTED BY THE SOUTHOLD TOWN BOARD AT
HELD ON JANUARY 6. 1998:
RESOLUTIONS WERE
A REGULAR MEETING
RESOLVED that pursuant to Article 8 of the Environmental Conservation
law, State Environmental Quality Review Act, and 6NYCRR, Part
617.10, and Chapter u,u, of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, in conducting an
uncoordinated review of this unliested action, has determined that there
will be no significant effect on the environment.
DESCRIPTION OF ACTION: Acquisition of the development rights in the
agricultural lands of William P. Ruland, Mill Lane and Main Road,
Mattituck, N.Y., Suffolk County Tax Map No. 1000-107-11-010 and
1000-115-02-002 ~, 003, comprising 65.5 acres, at $7,000.00 per acre.
The proposal has been determined not to have a significant effect on the
environment because an Environmental Assessment Form has been
submitted and reviewed and the Town Board has concluded that no
significant adverse effect to the environment is likely to occur should
the proposal be implemented as planned.
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights in the agricultural lands of William P.Ruland; and
WHEREAS. the Town Board held a public hearing with respect to sald
acquisition on the 6th day of January, 1998,. 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 William P.
Ruland, now, therefore, be it
RESOLVED that the Town Board elects to purchase the development
rights in the aforesaid agricultural lands owned by William P. Ruland,
comprising 66.5 acres, at a sale price of $7,000.00 per acre; said
property located at Mill Lane and Main Road, Mattituck, N.Y., Suffolk
County Tax Map No. 1000-107-11-010 and 1000-115-02-002 ~ 003; and be it
FURTHER RESOLVED that the Town be and she hereby is authorized and
directed to give notice of such acceptance to William P. Ruland; and
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
January 21, 1998
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JANUARY 6,
8:02 P.M.
OF THE DEVELOPMENT RIGHTS IN Jill /~(,l~l(.tJl IUI~Si I~SND OI WILLIAM
P. RULAND.
Present:
Absent:
Supervisor Jean W. Coct~ral~
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Brian C. Murphy
Town Clerk Elizabeth A. Neville
Town Attorney Laury L. Dowd
Councilwoman Alice J. Hussie
Councilman William D. Moore
%tJPEIIVISOI~ C. OCIIHAN: Ihl,. I~,,,,~1,,~I i,, ,,,, II,,, .,,,i,ll,~lll,,,, I,~ Il,,, l,,w~
of Southold of the development rights i~ tht. ,~gl icultural liH~ds ol William
P. Ruland.
COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the
provisions of the Agricultural Lands Preservation Law of the Town of
Southold, constituting Chapter 35 of the Southold l'ow~ Code, the Town
Board of the Town of Southold will hold public hearings on the 6th day
of January, 1998, 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 agricultu, al lands of tt~e following
individuals:
8:00 p.m. - Reynold Blum, Main Road and Peconic Lane, Peconic,
N.Y., Tax Map #1000-075-01-015.1, 23 acres, $7,800.00 per acre.
8:02 p.m. - William P. Ruland, Mill Lane and Main Road,
Mattituck, N.Y., Tax Map #1000-107-11-010 and $1000-115-02-002 & 003,
approximately 66.5 acres, $7,000.00 per acre.
NOTICE IS FURTHER GIVEN that the files containing a more detailed
description of the aforementioned parcels are available il~ the Southold Town
Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, N.Y., and
may be examined by an interested person during normal business hours.
Dated December 9, 1997. Judith T. Terry. Southold Town Clerk."
SUPERVISOR COCHRAN: You have hear(t th(' reactim~(j t,f tho pLlblic notice.
pg 2 - PH
DICK RYAN: My name is Dick Ryan. I am your Chairman of the Town of
Southold Land Preservation Committee. I have an aerial photograph here,
which outlines the subject parcel under consideration located in Mattituck.
The property has been farmed by the Wines and Ruland families for
generation, going back as far as 1736. It is .known as Mill Lane Farm and
has received designations as a Empire State bi-centennial farm in 1976
from the NYS Agricultural Society, and a national centennial farm in 1988
from the U.S. Department of Agriculture. The entire property is within
Suffolk County Agricultural District #1. The property totals approximately
66.5 acr~i i1~ $1zu, subject to sLirvey, with ,,vet 7?0 [r~et (if fr(}ntage on the
north side of Main Road and from 1400-1800 leer of Irontagu along the sides
of Mill Lane. The northern boundary fronts along the Long Island
Railroad. The entire property is offered for the purchase of development
rights. This represents the largest-sized proposed purchase by the Town
of Southold, in the history of it's farmland preservation program. The
purchase price is $7000/acres, totally about $~65,500 again subject to
survey. The market value of the proposed purchase was determined by an
August, 1997 appraisal, commissioned by the Town Board from Andrew
Stype. The zoning for the parcel is Low-Density Residential R-80 and
Agricultural-Conservation, minimum lot size of 80,000 square feet. The
soils are mostly in the Haven Loan classification, one of the prime
agricultural soils of Long Island. The farm contains a small freshwater
pond and woodland corners, which are considered important enhancing
components to uses of the entire property and adjacent areas. The property
has historically been in agricultural production as a potato and vegetable
farm, more recently expanded to include 9rain crops. It is located across
Main Road from open space lands fronting on Maratooka Lake, which were
recently gifted to the Town by The Nature Conservancy. The property is
in close proximity to the Mattituck-Cutchogue High School. This farm-sit is
looked upon as a book-end to the developed portion of the Hamlet of
Mattituck. Because of the enhancing factors of agricultural use, size and
prosimlty to and perservation of ope-space vistas, on both the norht
and south side of Main Road, the Land Preservation Committee is unanimous
in recommending the purchase of these development rights. The purchase
will do much to preserve important agricultural lands and further assure
the country-like environment enjoyed by the Hamlet of Mattituck in
particular and the Town of Southold generally. I urge the Town Board to
accept the offer of development rights to the 66.5 acres of Mill Lane Farm,
owned by William P. ruland, pursuant to the provsions of Chapter 25 of
the Town Code, entitled, Agricultural Land Preservation.
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like
to address the Board? (No response.) I will close the public hearing.
A. N~ville
$outhold Town Clerk