HomeMy WebLinkAboutBlum, Reynold (2)
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1000-75-1-15.4
(f/k/a 1000-75-1-p/o 15.1)
Baseline Documentation
Premises:
42275 Main Road
Peconic, N ew York
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23.0 acres
Development Rights Easement
REYNOLD BLUM
to
TOWN OF SOUTHOLD
Deed dated May 8, 1998
Recorded January 22, 1999
Suffolk County Clerk - Liber 11941, Page 128
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SCTM #: 1000-75-1-15.4
(f/k/a 1000-75-1-p/o 15.1)
Premises: 42275 Main Road
Hamlet: Peconic
Purchase Price: $179,400.00
(23.0 acres @ $7,800/acre)
Funding: Agricultural Lands
Capital Funds
. CPF Project Plan: nla
Total Parcel Acreage: 25.0 acres acres
Development Rights: 23.0 easement acres
Lot Created: 2.0 acres (1000-75-1-15.3)
Zoned: R-80
Existing Improvements: In May 1998-
Farm road and two fire wells
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SURVEY OF PROPERTY
SITUATE, PEGONIG
TOI^IN OF SOUTHOLD
SUFFOLK GOUNTY, NY
. KOt-UHENT FOUND
I"lOODEN FENCE
~IRE FENCE
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5lJR\lEYED 11-12-<n
AMENDED 01-22-<11}
c..ERTIFIGATIONS ADDED 05-01-'18
5lJfFOLK c.oJNrr TAX MAP
PART Of' 1000 15 I 15.1
CERTIFIED TO,
REYNOLD BlUM
TOWN OF 5OlJTHOLD
FIDELlrr NATIONAL TITLE
INSlJRANGE COMPANY Of' NY
TITLE # FNT"lE>15113
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AREA ~ 23.00 AGI'E;
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ACROSS SlIBJECT
FROM PECONIC LANE
STREET SCENE FROM
PECONIC LANE
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STREET SCENE FROM
MAIN ROAD LOOKING
WEST
STREET SCENE FROM
MA I N ROAD LOOK I NG
EAST
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JUDITH T. TERRY
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 9, 1997:
RESOLVED that the Town Board of the Town of Southold hereby sets 8: 00
p. m. , Tuesday, January 6, 1998, Southold Town Hall, 53095 Main Road,
Southold, New York, as time and place for a public hearing on the question
of the acquisition of development rights in the agricultural lands of Reynold
Blum, Main Road and Peconic Lane, Peconic, N.Y., Tax Map ifl000-075-
01-015.1, 23 acres, $7,800.00 per acre; and be it further
RESOLVED that the Town Board hereby sets 8:02 p.m., Tuesday, January
6, 1998, Southold Town Hall, 53095 Main Road, Southold, New York, as time
and place for a public hearing on the question of the acquisition of
development rights in the agricultural lands of 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.
L/Y r--'~
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Southold Town Clerk
December 10, 1997
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LEGAL NOTICE
NOTICE OF PUBLIC HEARINGS
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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 Town 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 agricultural lands of the 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, $7,00.00 per acre.
NOTICE IS FURTHER GIVEN that the files containing a more detailed
description of the aforementioned parcels are available in the Southold Town
Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, N. Y., and
may be examinecj! by any interested person during normal business hours.
Dated: Decemb,ir 9, 1997.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
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PLEASE PUBLISH ON DECEMBER 211, 1997, AND FORWARD TWO (2)
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN
HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Land Preservation Committee
Reynold Blum
William P. Ruland
Town Clerk's Bulletin Board
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PUBLIC HEARING
SOUTHOLD TOWN BOARD
JANUARY 6, 1998
8:00 P.M.
ON THE QUESTION OF THE ACQUISITION BY THE TOWN OF SOUTHOLD
OF THE DEVELOPMENT RIGHTS IN THE AGRICULTURAL LAND OF
REYNOLD BLUM.
Present: Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Brian G. Murphy
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Town Clerk Elizabeth A. Neville
Town Attorney Laury L. Dowd
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Absent: Councilwoman AliCE' .I. Hussie
Councilman William D. Moore
SUPEN.VISOR COCHRAN:
Town of Southold of the
Reynold Blum.
The first hearing in on the acquisition by the
development rights in the agricultural lands of
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JUSTICE EVANS: "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 Town Code, the Town Board of the
Town of Southold will hold public hearings on the 6th day of lillm"dl)l,
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 agricultural lands of the 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 in 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. Southo/d Town Clerk."
SUPERVISOR COCHRAN: You have heard the reading of the public notice.
Is there anyone that would like to address the Board on this acquisition?
pg 2 - PH
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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 Peconic.
The parcel has been recently purchased as an addition to Peconic Bay
Vineyards. The parcel is 25 acres in size, with over 755 feet of frontage on
the north side of Main Road and ~35 feet of frontage on the east side of
Peconic Lane. Approximately 23 acres of the parcel are offered for the
purchase of development rights. The southwesterly most 2 acres are to be
reserved from the purchase, intended for later development in accordance
with zoning. The purchase price is $7,800.00 per acre, totaling $179,400.
The market value of the proposed purchase was determined by a July, 1997
appraisal, commissioned by the Town Board from David Wimpelberg. The
zoning for the parcel is Low-Density Residential R-80, minimum lot size of
80,000 square feet. The soils are mostly in the Haven Loam classification,
one fo the prime agricultural soils of Long Island. The parcel is
currently in agricultural production as a newly-established vineyard. It is
adjacent on the east to approximately 70 acres of other agricultural lands,
over which the Town of Southold and County of Suffolk respectively own
the development rights. Adjacent on the north are other town-owned lands
and lands of the elementary school on Peconic Lane. South of Main Road are
other nearby sizable farmlands over which the Town and County hold
development rights easements. Because of the factors of agricultural use,
size, proximity to other preserved farmland and open-space vistas, on both
the north 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 enhance and preserve important agricultural lands
and the, ;:.ountry-Iike environment of the neighborhood of Peconic and Town
of Southold. I urge the Town Board to accept the offer of development
rights 'to 23 acres of this property owned by Reynold Blum, pursuant to
the provisions of Chapter 25 of the Town Code, entitled Agricultural Lands
Preservation. Thank You.
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SUPERVISOR COCHRAN: Thank you.
to address the Board? (No response.)
hearing.
Is there anyone else that would like
We will move on to the next public
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~1ftA'~ZI 0 L;k4-1J;/
Elizabeth A. Neville
Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765.1823
1'elephone (516) 765-1800
.
REG'ISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER'
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT HIE FOLLOWING RESOLUTIONS WERE
ADOPTED BY THE SOUTH OLD TOWN BOARD AT A REGULAR MEETING
HELD ON JANUARY 6, 1998:
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RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice Is hereby
given that the Southold Town Board, in conducting an uncoordinated
review of this unlisted 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 Reynold Blum (Pecon1c Bay Vineyards); Main Road
and Peconlc Lane, Peconlc, N. Y., Suffolk County Tax Map No.
1000-075-01-015.1 comprising 23 acres, at $7,800.00 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 eff-,:~ct to the environment is likely to occur shouid
the proposal be Implemrnted as planned.
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WHEREAS, the Town Board of the Town of SO'Jthold wishes to
,purchase the development rights in the agrlculturl'l lands of Reynold
Blum (Peconlc Bay Vineyards); and
WHEREAS, the Town Board held a public hearlnp with respect to said
acquisition on the 6th day of January, 1998, purs-,Jant 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 Reynold
Blum (Peronlc Bay Vineyards); now, therefore, be It
RESOLVED that the Town Board elects to purchase the development
. rights In the aforesaid agricultural lands' owned by Reynold Blum
(Peconlc Bay Vineyards), comprising 23 acres, at a sale price of
$7,800.00 per acre; said property located at 42275 Main Road, Peco'nlc,
N. Y., Suffolk County Tax Map No. 1000-075-01-015.1; and be It
FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to give notice of such acceptance to Reynold
Blum (Peconlc Bay Vineyards); 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.
efi~~k-dO n~"p?~,
Elizabeth A. Ne~~
Southold Town Clerk
January 21, 1998
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~.t.; 6-..: ;:9/95\- ';" ~Xt ~ 2
,:lI~O.iEC7 1.0. ~UMae:;
SEQR
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0'17.20
AppenC:j~ C
Slate c:JvironmentaJ Qua/it:1 Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTICNS Only
?AR'i i-?ROJECT INFORMATION (To be completed by Applicant or ,o,oiec: sponsor)
I 1. APO!-lCANT :SPONSOR I 2. ?ROJEC7 ,~.A.ME.
IIT,OV:OJ~~ c;~~I~~Old Land Preserv. Comm./ R. Blum D"'v. Rights Easement
. ,",unoclC3Jlty Town of Southold :OunfY Suffolk
I ',>Rec:se lO<:.>.710N (Slreet 3de"" 3nd ..... int....octlo... "omlnentlanem.,... .to.. " "ovid. maoJ
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42275 Main Road, Peconic
North side of Main Road, approx. 165' east of Peconic
Lane
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5. IS ?FtoPOsso Ac:"lON:
~ New 0 ~Clan3lon
5. oeSCruee PROJeCT 3RtE.=t..Y:
Purchase of development rights
p8.rcel of agricultural land.
o Moclltlc:.aUonla.!teratlan
to approx.2) acres of an approx. 25
7. AMOUNT OF ~o AFF~C":"E.O:
:nltlaUv 2) lc:"'IS ~llIm&tety 2:3 .ac~a:s
3. WILL ?ROPCSE'J AC':'lON COMPLY 'Ntlli :=:as'nNG :ONtNG OR Or.-1E.~ ::osnNG L.;.NO usa ,:;'~-;rUC"':1CNS7
~ 'fills 0 No :1 No. ~o:scnoe bttorly
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3. WHAT!S PRESENT LANO use IN '/1C:NITY OF i'ftOJEC77
IJ nesldenuai C InQuS1:rt.a.l ~ Cotl'".marc:at ~ Ac;ru::unu", 'X ?amF'JtuUO'"trl sceca
Oesc:lbe:
A neighborhood of mixed commercial, residential and
adjacent to a local school and other public lands.
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agricultural usea
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~o. ~ces AC7TCN INVOLVE..:. ~S:MIT APPROVAL.. OR ,::1JNOING. ..~CW OA Ut..71MA;5.!..';' ':::=;CM ANY C I He..q GCve::;NME.""TAL AGE:NCY :F~e.=l.At.. I
STATI! OR ~CAU?
~ Yu 0 No Ir ya. !1s1 1QtnCy(~' and p.nTIlt1GJlrovaia
. Approval of Southold Town Board.
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~, . coes ANY ASPEcr OF THe AC':'lON HAve:). c:JRREN1't..Y VA&':o P'!RMIT OR AP~F.OVA1.1
e9 Yes 0 No It yes. Uac aoencr nMIe and p.rmJtI~provaI
Southold Town Board approval to obtain appraisal of easement value
negotiate potential purchase.
~2. AS A FresUlj OF ,=qOPOSEtI AC':'lCN 'Nil.!. !XJSi1NG ?E.~MIT/APflf\OVAl. ~EeU1Ae MCOIF=c,.;.nCN?
r-; Yea ~ No
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and I
I CSRTlF'f "iHAi ":"HE lNFQAMAT10N PROVIDE! ABOve IS ';'~tJe ~o ":"He 3ESi OF MY i<NOWI3:GE
),ClCllC::3Mt/sccn3or :ulrne:
Richard C. Ryan
.Jata:
12/08/97
$lcntalure:
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If the action is in the Coastal Area, and ycu are a state ac;ency, complete the
C"astaJ Assessment Form before proceeding with this assessment
OVE::l
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!I-:NVIRONMENTAL ASSESSMEN,:;o be comple'ed ~y Agenc~/I
:t 'I_S. :oorcinate :he ~aYl.'''' ')fcceu ana u'. tht ':IJL:.. ;p.,F
PART
I A.
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~: NO. a neqaClvl! :ec:~ra( ~
Qj ,J1'Soosa.,
No.
C2. ~e.stl'te[lc. .1Qricultural. arcnaeofooical. l'li$toric. ~r other l'IaU.lt~ or C'.Jltura! (.SOute2!: or communIty or neighborhoOd crlaracter? :.tOlaln one/ly:
.
No.
C:J. 'Iegetalion Cj( faun&. iisn. snellfl.sh or 'NIld!!fe 'Scec:es. significanl n;oilal!. '1t tnreateneo Ot :!naangerltd sOlJcies? !:,;olaJM :!lIetly:
C-l.
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A community's a:ci.stinq Iollans at qoals as otficialiy acopted, or a c:nange in use or intensity of usa ot land or OUler niltural resources? ::X~lam briefly!
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No.
No.
CS. G,towtn. suoseauent develOom.nC. or (elated ic:ivlti.s IikelV !t') ~ i"aucec:l ~y Ihe O(QQOSItd lc:lon? S,xolam orieflY.
No.
ca. Long term. snon term, ::llmlltaElva. ~r atn... ~ifee:s :'lor i<1entlfied m Cl.cs'? ~t1lain Ortr!1ly.
None.
...,. Other :mcae"',z jlc'lCludin9 change:s in lJ!5e 'Of !ithef Cluatltlty or type ot anerqyl? :XOlam brielly.
(
None.
O. WILl.. tHE ?r:-,..JJeCi :-iAVe AN IMPA.Ci' ON THE !:.\(VIAONMENTAL CHARAc:-a~lsnCS. iHAT CALISE!) THe !STABWSHMeNT OF A C;:;.A1
CJ Yes / (!l No
_ is 7'Hep~ OR IS i1-fE::l! UKE!.Y 70 aE. CONTROVe.~SY A5,...\i'~O iO POTeNTIAl. ,.\OVe.QSC: ENVIRONMENT....L IMPA.CiS7
LYe::.> 0 No If Yes. =xclarn tltielly
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PART III-OEiE:iMINATION OF SIGNIFiCANC:: (To be completed by Agency)
...iNstRUCTIONS: For each ac:sve~e etfect iaentified aDove, :letermine wi'1etl1er it is 3ubstantiat Jargs.:1rnQonant or otherwise significanL
E3.cn eNect snould oe assessed in connection wittl its (al setting (I.e. urtlan or rural); (bl prccaoility or occurring; (el duration: ldl
irrevel"3ibility; (e) geoQrachlc: 31:00e; and (t) magnitudL If n.c~ssary. add attachments or reference sUl:lpcrtlno materials. :nsure that
tx-pJanations contain sutticient detail to snow that aJI relevant adVerse imoacts have been identified and aaeouBtl!ly addressed. If
~ueStlon 0 ot P'll't 1I was ctlec!<ed 'Ies, :ne determination and sI9niflca.nc:! must !vatua.18 the potentialimpae: or the proposed action
on U,e anvlronmental charac!enstic.:s of the CE.o\..
[J C:'eck this ~ox if you have identified one or more potentially large or significant aaverse impacts which MA '(
occur. Then proceed directly to the ~ULL ~F ana/or precate a ~osiUve declaration.
Qf C:'ecl< this oox jf you have determined, based on the inionnation, and analysts above and any sucooning
oocumentation, ihat the procosea !C:lOn WILL NOT resuit in any Significant adverse environmental imoac::s
AND provide on attac:tmems as necassary, the reasons suoconing this determination:
Southold Town Board
.'1am. o. '..11010 "'l,'lM\C'f
Jean W. Cochran
Supervisor
rltl~ Of i{e5GonS10I. Officer
.;o~lMt ::Ir I \foe ,'ol.m~ or ,''''DOnS.Clle \JlIlce, ,n ~t.~ "Cline\'
~1i'I'\,UlJrl!' .,r ~~,(lon,.oje Olllce, 'n I.ead "'Ienc','
Si\ln.auo1te "r ."'reg.rer jlr ditrerlln~ rrom lelDon'lOle QrrlCI!'n
o.(ot
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CLOSING STATEMENT
REYNOLD BLUM
to TOWN OF SOUTHOLD
Development Rights Easement - 23.0 acres
Premises: 42275 Main Road, Peconic, NY
SCTM #1 000-75-1-p/o 15.1
n/k1a SCTM #1000-75-1-15.4
Closing took place on May 8,1998
Purchase Price of $ 179,400.00 disbursed as follows:
Payable to Reynold Blum $ 10,000.00
Check #04793 (5/8/98)
Payable to Reynold Blum $ 169,400.00
Check #04794 (5/8/98)
Expenses of Closing:
. Appraisal
Payable to David C. Wimpelberg, SRA $ 1,000.00
Check #044623 (9/30/997)
Title Report
Payable to Fidelity National Title Insurance Co. $ 1,152.00
Check #047296 (5/8/98)
Fee insurance $1,037.00
Recording deed $ 115.00
Title Closer Attendance Fee
Payable to Patricia L. Fallon $ 50.00
Check #047295 (5/8/98)
In Attendance:
Jean W. Cochran Town Supervisor
Gregory F. Yakaboski, Esq. Town Attorney
. Reynold Blum Seller
Richard A. Ehlers, Esq. Attorney for Seller
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THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER .
~"''''.~
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TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
NO.
SO-546
214
047293
" !.~ '~'
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DATE
05/08/1998
THE SUFFOLK COUNTY NATIONAL BANK
CUTCHOGUE, NY 11935
CHECK NO. AMOUNT
047293 **$10,000.00**
'-,
j 1
PAY TO
THE
ORDER
OF
REYNOLD BLUM
~wC~
11'01.72"1:111' 1:02~l.o5I.bl.l:
b:l 00000 I. Oil'
hl.8686.4.000.000
050898
DEVELOP RIGHTS -23 ACRES
10,000.00
TOTAL
**10.000. or
TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959
.
.
TOWN Of SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
NO.
047'294
:11
DATE
05/08/1998
THE SUFFOLK COUNTY NA llONAL BANK
CUTCHOGUE, NY 11935
CHECK NO. AMOUNT
t ;'i :',
':' '
047294
**$169,400.00**
. ,,'
PAY TO
THE
ORDER
OF
REYNOLD BLUM
YV8~
11.01,72,/1,11. 1:02~1,05I,bl,l:
b:i 00000 I, 011.
H1.8686.4.000.000
050898-1
DEVELOP RIGHTS-23 ACRE~,
I AMOUNT
169,400.0C
\..
TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959
TOTAL **$ 169.400.00'
.
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 023347 WIMPELBERG SRA/DAVI
~~~_~:~:____~~~~~:~:__~~~~_~:c~~~i
.. 8/05/1997 8/05/1997 H1 .bOO
8/05/1997 8/05/1997 H1 .bOO
X 9/30/1997 9/30/1997 H1 .bOO
10/14/1997 10/14/1997 H1 .bOO
-------------------------------- E
Select RecordCs) or Use Action Code
.
.
Disburs Inquiry by Vendor Name
............. .J)etail--GL1DDN..............
W-09301997-545 Line: 417 Formula: 0
Account.. H1 .bOO
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 9/30/1997 SDT 10/01/97
Trx Amount... 1,000.00
Description.. APPRAISAL-REYNOLD BLUM
Vendor Code.. 023347
Vendor Name.. WIMPELBERG SRA/DAVID C.
Alt Vnd..
CHECK........ 44b23 SCNB
Invoice Code. 091897
VOUCHER......
: P.O. Code....
Project Code.
Final Payment P Liquid.
1099 Flag.... 7
Fixed Asset.. N
Date Released 9/30/1997
Date Cleared. 10/31/1997
F3=Exit F12=Cancel F21=Image
. .
......................................... .
-,_'-'~
.
.
.
nDELITYNATIONALTITLEmS~CECOMPANY
1149 Old Country Road, Riverhead, New York 11901
516-727-0600 fax 516-727-0606
Title No. hVT9X' - / S 113
c/t/qg
I
Date
FEE INSURANCE COVERAGE t 17~ (j,n;, (!7) PREMIUM Is /()J7,flJ
FAIR MARKET VALUE RIDER PREMIUM
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Arbitratiou:
Residential
Adjustable Rate RIder
NEW YORK STATE TRANSFER TAX
MORTGAGE TAX (Mortpceel
MORTGAGE TAX (Mol'tJIaI"rl
SURVEY INSPECTION
DEPARTMENrAL SEARCHES
STREET REPORT
ESCROW DEPOSIT
ESCROW DEPOSIT FEE
RECORDING FEES:
<I ) DEED(SI . 11,':i"{Jt)
( ) SA TISF ACTION(S)
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( I MORTGAGE AFFIDA VIT(S)
( I ASSIGNMENT(S)
TOTAL CHARGES S /15.1.0-0
CLOSER CHARGES, IF ANY: PICK-UP FEE
OTHER:
PATRICIA L. FALLON
TITLE CLOSER
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
NO.
047296
DATE
05/08/1998
THE SUFFOLK COUNTY NATIONAL BANK
CUTCHOGUE, NY '1935
CHECK NO. AMOUNT
047296 **$1,152.00**
"
,
Y <?'
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AVTO
THE
fRDER
OF
FIDELITY NATIONAL TITLE INSURANCE CO.
1149 OLD COUNTRY ROAD
RIVERHEAD, NEW YORK 11901
(\.
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" C,' C,C,.II\.)\'''''..,A....
11'01,72"1(;11' 1:02~1,051,(;1,1:
(;:1 00000 I, Oil'
:NDOR 1/6182
FIDELITY NATIONAL TITLE INSURANCE CO.
05/08/1998
CHECK 11047296
.8686.4.000.000
ACCOUNT I po. I INVOICE I DESCRIPTION I AMOUNT
050898-2
TITLE FEE-REYNOLD BLUM
CLOSING
1,152.00
.
TOTAL
**$1,152.00**
TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959
.
.
.
\
,
.
"
patricia L. Fallon
40 White Oak Lane
Southampton. NY 11968
~ Date: '1JltLij 8', /118'
Jj~i;~
111/M./ :u...
~/ >z;J 1117J
Re: Ti tle No.
FA/r'1/l-16/J.3
SERVICES RENDERED in connection with attendance
at above-referenced closing whic~ took place on
1?;1.JJ.;f. ~t.I<f'1 F' . at~he 'offices of JI7.I/A. ~
~1YJ1~IU..,) ~~I ~ . . . .. . . $.i~ttf!J
r
SO-546
214
NO.
047295
DATE
05/08/1998
THE SUFFOLK COUNTY NATIONAL BANK
CUTCHOGUE. NY 11935
CHECK NO. AMOUNT
047295 **$50.00**
. ,;"
'.
-'i..:'.
PAY TO
THE
ORDER
OF
PATRICIA L. FALLON
40 WHITE OAK LANE
SOUTHAMPTON, NEW YORK
11968
(\
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U
, " r. \
.;;...r(",,.. L......). l,~.. ':>CV',_.y"'-;.:'-"-
lI'01,72"lSII' I:OnI,OSI,I;I,I:
I;l 000001, Oil'
VENDOR 1/6013
ACCOUNT I P.O. I INVOICE I DESCRIPTION I AMOUNT
PATRICIA L. FALLON
05/08/1998
CHECK 1/047295
H1.8686.4.000.000
050898-3
CLOSER FEE-REYNOLD BLUM
CLOSING
50.00
.
TOTAL
**$50.00**
TOWN OF SOUTHOLD . SOUTHOLD. NY 11971-0959
.
.
R
E
C
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D
E
D
.
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.
RECEIVED
$ (')--
REAL ESTATE
JAN 2 2 1999
I
TRANSFm TAX
SUFFOLK
COUNTY
,,~ ,
.~ i,'
(,
11941r~128
.
/J-
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
24927
24927
Deed I Mortgage Insttument
Deed I Mortgage Tax Stamp
FEES
Page/Filing Fee
~.-
J:f_
<-
Handling
TP.584
Notation
c/o-
'0",,- SubTolal
;Jt) .
/-S: =-
,
EA.5211 (Counly)
EA.5217 (Slate)
R.P.T.S.A.
Comm. of Ed
5.~
Affidavit
.
Certified Copy
Reg. Copy
Sub Total
Oiller
GRAND TOTAL
\ . 00
Real Property Tax Service Agency Verirw:ation
DiSl. Section Block
015.NJ
01. OV
!-J6-"jQ
lnitia
G.ee-4 y I/K/lBOSK I, ~SQ..
7?JwloJ ~F S.,,(n!Ou:,
PO. Box /179
$gurlfOJ./J /'1'1
//'17/
.J=) I. ~
II
Rt:"cnR '
'. .' DEn
99 JAN 22 PH 3: 09
EDWARD P
SUFFCL[Rif~fAIHE
011( Co
@f ~ ;~~ UN"
TOWIMJX~IGo,-'pj
TO~utW.Yt1:i ;
Mortgage Aml.
1. Basic Tax
2. Additional Tax
Sub Total
SpecJAssit
or
Spec./Add.
TOT. MTG. TAX
Dual Town ~ Dual County _
Held for Apportionment _
Transfer Tax 0 '_
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES_ orNO
If NO. see appro\'Jriate tax clause on page ##
_ of this iI1llrurnenl
/
TItle (..'Jmpany Information
htJELJry .~T/l'A/A/ /;Tur
COmpany Name
F'IVT'i'j(- lor II.,
TItie Number
FEE PAID BY:
Cash _ O1eck~ O1arge_
Payer same as R & R_
(or if different)
NAME: hlJEl-lry /l/ArI4N4L J7 rt../:
ADDRESS: 11'1'1 thlJ &uA/r.<:'f Rl>.
RII/5NIE7UJ/ ;\I Y I lit! /
& Endorsement Pa e
RECORD & RETURN TO
(ADDRESS)
Suffolk County Recordin
RJ;;;'1N~,l..lJ EU-Ifl7
./)Ee:7l IJ~ /JEVE:LOPAJEA/T .RJ"'ifr.s
(SPECIFY TYPE OF INSTRUMEN'I)
The premises herein is situated in
SUFFOLK COUNTY. NEW YORK.
This page fonns part of the attached
.
TO
IZ<> -r;; CI.J 11/ 11 F J(,/,{ rlhHJl
made by:
In the Townsbip of ..JourlMiJl
In the VILLAGE
or HAMLET of
Pe=N'~
BOXES S 11IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR .-
"""
.
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this eighth day of May ,1998,
(\\ ('II (\) fi...v, (
BETWEEN Reynold Blum, residing at PO. Box 709, Cutchogue, New York, party of
the first part, and
THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York
having its office and principal place of business at 53095 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 often ($10.00) dollars, lawful money of
the United States, and other good and valuable consideration paid by the party ofthe 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 .S~~tion 247 of the New York State General
i
Municipal Law, as amended, to permit, require or /estrict the use of the premises exclusively for
agricultural production as that term is presently detined in Chapter 25 of the Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises for any purpose other than
agricultural production, to the properties described in the attached Schedule A.
TOGETHER with the non-exclusive right, if any, of the party of the first part as to the
use for ingress and egress of any streets and roads abutting the described premises to the center
lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first
part in and to said premises, insofar as the rights granted hereunder are concerned
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS 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
~
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, .
.,
covenants and agrees for the party of the first part, and its heirs, legal representatives, successors
. and assigns of the party of the first part, to use the premises on and after the date of this
instrument solely for the purpose of agricultural production.
AND the party of the first part, covenants in all aspects to comply with Section 3 of the
Lien Law, as same applies with said conveyance
The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of
the Southold Town Code is as follows:
Agricultural Production - shall mean the production
for commercial purposes of crops, livestock and
livestock products, but not land or portions thereof
used for processing or retail merchandising of such
crops, livestock or livestock products. Land used in
agricultural production shall also include fences,
equipment storage buildings, livestock barns,
irrigation systems, and any other structures used
exclusively for agricultural purposes.
The parties covenant and agree that agricultural purposes shall not include landfilling or
waste disposal on the site.
The party of the first part and the party of the second part do hereby covenant and agree
.
in perpetuity that either of them or their respective heirs, successors, legal represel'tatives or
assigns, shall only use the premises on and after this date for the purpose of suchdgricultural
production and the grantor covenants and agrees that, except as specifically provided in the
purchase agreement, the underlying fee title may not be subdivided into plots by the filing of a
subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real
Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or
in furtherance of them.
The word "party" shall be construed as if it reads "parties" whenever the sense of this
indenture so requires.
The party of the second part affirms and agrees to be bound by the "Right to Farm"
ordinance as now enacted by it.
The party of the first part covenants and agrees that it will (a) not generate, store or
dispose of hazardous substances on the premises in a manner inconsistent with that permitted by
. law, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow the duly
authorized agents of the party of the second part reasonable access to the premises for the
. purposes of ascertaining site conditions and for inspection of the premises for compliance with
this agreement. Neither the Seller, nor his heirs, successors in interest, successors in title or
assignees shall be permitted to remove soil from the property to be covered by these Development
Rights. This covenant shall run with the land in perpetuity.
The party of the first part, its heirs, assigns and/or party or parties in lawful possession of
the premises subject to this deed of development rights, pursuant to lease, license, or other
arrangement, covenants and agrees that it shall indemnity 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 (I) the breach or non-performance of any covenants required by this agreement
to be performed by the Seller, either prior to or subsequent to the closing of title herein; or (2)
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 covenant of this deed. This
. covenant shall run with the land in perpetuity.
However, the personal liability of the party of the first part under this indemnity shall be
limited to those acts or omissions committed during the period Seller owns the property. The
heirs, successors and assigns of Seller shall succeed to liability under this indemnity for acts or
omissions committed during their ownership without further recourse by party of the second part
against party of the first part. Development rights acquired by the town pursuant to
the provisions of this chapter shall not thereafter be alienated. except upon
the affirmative vote of a majority of the Town Board after a public hearing *
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the
day and year first above written.
4~~
Reynold Blum
.
*thereon and upon the approval of
the electors of the town voting on
a proposition submitted at a special
or biennial town election. No sub-
sequ'ent amendment of the provisions
of this subsection shall alter the
limitations imposed upon the aliena-
tion of development rights acquired
by the town prior to any such
amendment. This covenant shall
run with the land in perpetuity.
~\:JCllC.-~
an W. Cochran, Supervisor
Town of South old
.
.
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DEVELOPMENT RIGHTS PURCHASE AGREEMENT
THIS AGREEMENT, ~ade the I tJ~ day of lI);neot.J.. 1998, between REYNOLD
BLUM, residing at P.O. 73<fx'7b9~'t:lltchogue, New York 11935, hereinafter referred to as the
"Seller", and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York
having its office and principal place of business at 53095 Main Road, P.O. Box 1179,
Southold, New York 11971, hereinafter referred to as the "Purchaser".
WITNESSETH
1. The Seller agrees to sell and convey, and the Purchaser agrees to purchase the
Development Rights, as hereinafter defined, in all that certain plot, piece or parcel of land,
situate, lying and being in the Town of Southold, County of Suffolk and State of New York,
more particularly identi~jed as a part of Tax Map Parcel No. 1000-075-01-015.1 on the Town of
Southold, Suffolk County Tax Map and more particularly bounded and described as set forth in
the description annexed hereto as Exhibit "A".
2. Development Rights, as authorized by Section 247 of the New York State General
Municipal Law, as amended, shall mean the permanent legal interest and right to permit,
require or restrict the use of the premises exclusively for agricultural production as the term is
defined in Chapter 25 of the Southold Town Code, and the right to prohibit or restrict the use of
the premise,s for any purposes other than agricultural production or to subdivide same. By the
sale of sUC;-:l Development Rights and interest, the Seller shall be deemed to have covenanted
and agrer;d that the Seller, and the heirs, legal representatives, successors and assigns of the
Seller, shall only use the premises on and after the date of delivery of the instrument of
conveyance to the Town of Southold for the purpose of agricultural production. Such covenant
shall run with the land in perpetuity and the provisions of this paragraph shall survive the
delivery of the instrument of conveyance.
3. The Seller acKnowledges that by the terms of this contract and the declarations in
the deed, that it has been informed that neither the Seller, nor his heirs, successor in interest,
successors in title or assignees shall be permitted to remove soil from the property to be
covered by these Development Rights. The representation is intended to also serve as a
covenant running forever with the land in perpetuity as set forth in the deed Exhibit B attached.
4. The power and purpose of the Purchaser is limited to acquiring the Development
Rights in land presently used for agricultural production.
5. The price is Seven Thousand Eight Hundred Dollars ($7,800.00) per acre for
twenty-three (23) acres. The Seller has had the premises surveyed and mapped by a licensed
land surveyor of its choice, at its expense, to identify the acreage an location of the area in
agricultural production. The computation of acreage to determine the purchase price does not
.
.
.
include land contained in the bed of any easement, public road, private road, or of any area to
which any other person or the public may have any rights, but title to the Development Rights
to all such area as the Seller may have shall, nevertheless, be conveyed to the Purchaser.
There shall be no other adjustments or apportionments. The price shall be payable by Town of
South old check at the time of closing. The licensed land surveyor shall certify the survey to the
Town of Southold.
6. The deed shall be in the form attached as Exhibit C, and shall be duly executed and
acknowledged so as to convey to the Purchaser, the Development Rights of the said premises,
free of all liens and encumbrances, except as herein stated. If the Seller is a corporation, it will
deliver to the Purchaser at the time of the delivery of the deed hereunder a resolution of its
board of directors authorizing the sale and delivery of the deed, and a certificate by the
secretary or assistant secretary of the corporation certifying such resolution and setting forth
facts showing that the conveyance is in conformity with the requirements of Section 909 of the
Business Corporation Law. The deed in such case shall contain a recital sufficient to establish
compliance with said section.
7. Any sums paid on account of this contract and the reasonable expenses of the
examination of the title to said premises and of the survey, if any, made in connection
therewith are hereby made liens on said premises, but such liens shall not continue after
default by the Purchaser under this contract.
8. The Seller covenants and agrees that except as provided in Paragraph 26 of the
Contract, the underlying fee title retained by tho Seller may not be subdivided into plots by the
filing of a subdivision map pursuant to Sectior/276 and 277 of the Town Law and/or under
Section 335 of the Real Property Law. The l'nderlying 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. Subdivision shall also be defined to include the division
of the land covered by the Development Rights into two or more parcels in whole or in part.
The provisions of this section shall survive delivery of the instrument of conveyance and shall
be considered a covenant running with the land in perpetuity and shall be binding upon the
Seller, its heirs, successors and assigns, and shall inure to the benefit of the Purchaser and its
successors and assiQns.
9. Said Development Rights to the premises herein are to be conveyed subject to: (a)
any state of facts an accurate survey may show, providing same does not render title to the
Development Rights unmarketable; (b) covenants, easements, restrictions of record, if any,
provided same do not prohibit the use of the premises for agricultural production as defined
herein, and further provided that such covenants, easements or restrictions do not diminish the
approved appraised value of said property.
10. The Purchaser may make its determinations of whether the premises are free from
all encumbrances, on the basis of its own examination of the title, or that of its agents, or a title
report of a member company of the New York Board of Title Underwriters, and may require the
2
.
.
.
Seller to clear title exceptions raised to the satisfaction of the Purchaser and, if any is involved,
the title company.
11. If, at the date of closing, there may be any other liens or encumbrances which the
Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the
purchase price to satisfy the same, provided the Seller shall simultaneously either deliver to
the Purchaser at the closing of title, instruments in recordable form and sufficient to satisfy
such liens and encumbrances of record together with the cost of recording, or filing said
instruments. The Seller agrees to sign such proper vouchers for the closing check(s) as may
be requested by the Purchaser at least two weeks prior to the date fixed for closing. The
Purchaser, if request is made within a reasonable time prior to the date of closing of title,
agrees to provide at the closing separate checks as requested, aggregating the amount of the
purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence
of any such taxes or other liens and encumbrances shall not be deemed objections to title if
the Seller shall comply with the foregoing requirements.
12. If a search of the title discloses judgments, bankruptcies or other returns against
other persons having names the same or similar to that of the Seller, the Seller will, on
request, deliver to the Purchaser an affidavit showing that such judgments, bankruptcies or
other returns are not against the Seller, if such is the case.
13. In the event the Seller is unable to convey title in accordance with the terms of this
contract, the sole liability of the Seller will be to pay the cost of examining the title, by the
Purchaser, the Purchaser's agents, or by the Purchaser's title company, which COSt IS not to
exceed the charges fixed by the New York Board of Title Underwriters, and the cqst of any
survey made in connection therewith incurred by the Purchaser and upon such r/ayment being
made, this contract shall be considered canceled.
14. The deed shall be delivered at the office of the Town Attorney, 53095 Main Road,
Southold, New York 11971 or at such other place as may be agreed upon by the parties, at
10:00 o'clock in the forenoon, on or before 30 days from the date this contract is executed,
subject to a survey guaranteed to the Town of Southold pursuant to paragraph 5 herein first
being received.
15. The parties agree that no broker brought about this sale and the Seller agrees to
hold the Town of Southold harmless and to indemnify the Purchaser for any claims for brokers
commissions arising out of this transaction.
16. The Seller represents that the premises are agricultural land used for bona fide
agricultural production as defined herein. At no time, to the Seller's knowledge, has the
premises been used for the generation, storage, or disposal of hazardous substances, or, as a
landfill or other waste disposal site. There are not now, nor have there ever been, underground
storage tanks, to the Seller's knowledge, on the premises.
]
.
.
.
17. The Seller represents that there are no actions, suits, claims or proceedings
seeking money damages, injunctive relief, remedial actions or any other remedy pending or
threatened relating to 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 the same arise from
the condition of the premises or Seller's ownership or use of the premises.
18. The Seller represents that no consent or approval is needed from any
governmental agency for the transfer of the Development Rights from Seller to Purchaser, and
neither the execution of this agreement, nor the closing of title, will violate any Environmental
Law.
19. The Seller covenants and agrees that it will:
(a) Not generate, store or dispose of hazardous substances on the premises, nor allow
others to do so;
(b) Comply with all Environmental Laws;
(c) Allow Purchaser's duly designated agents reasonable access to the premises for
the purposes of ascertaining site conditions and for the inspection of the premises for
compliance with this agreement.
This covenant shall run with the land in perpetuity and the provisions of this paragraph shall
survive the delivery of any instrument of conveyance pursuant to this agreement.
20. It is understood and agreed that all understandings and agreements had between
the parties hereto are merged in this contract, which, with the exhibits, fully and completely
expresses their agreement, and that the same is entered into after full investigation, neither
party relying upon any statement or representation, not embodied in this contract, made by the
other.
21. Seller shall give the indemnification set forth in the deed attached as Exhibit C for
adverse environmental condition.
22. This agreement may not be changed or terminated orally. The stipulations aforesaid
are to apply to and bind the heirs, executors, administrators, successors and assigns of the
respective parties.
23. A copy of Chapter 25 of the Southold Town Code, annexed hereto as Exhibit "B", is
incorporated by reference herein and made a part hereof, and the seller agrees and
acknowledges that his/her/its successor(s) in interest, grantees, heirs and assignees shall be
bound thereby by all its terms, provisions and conditions as they now exist. This covenant shall
run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of
any instruments of conveyance pursuant to this agreement.
4
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.
.
24. If two or more persons constitute either the Seller or the Purchaser, the word
"Seller" or the word "Purchaser" shall be construed as if to read "Sellers" or "Purchasers"
whenever the sense of this agreement so requires.
25. It is understood and agreed by and between the parties to this contract that the
Seller has retained or will retain 2 acres of his property and exclude said portions from this sale
to the Town of Southold. The Town of Southold recognizes that in the future, the owner may
apply to subdivide and/or develop these 2 acres separately from the development rights
parcel. Seller does hereby covenant and agree that no application for the erection of a
residential dwelling will be made to the Purchaser as to those areas not retained by the Seller
and the subject of the Development Rights, by themselves or their heirs, successors or
assigns. Said covenant shall run with the land in perpetuity and the provisions of this
paragraph shall survive the delivery of any instruments of conveyance pursuant to this
agreement.
26. The Town of Southold may use federal or state money to purchase the property,
and may incorporate into each conveyance instrument in which federal funds are used as part
of the acquisition, a contingent provision allowing the United States of America to take title to
the development rights should the town fail to enforce them or try to divest itself of title without
the consent of the federal government.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto
the day and year first above written.
s6~;J~~
by:
Je W. Cochran, Supervisor
Purchaser
ATTEST:
APPROVED AS TO FORM
LQ
Town Atlorn~y
PAblum.DOC 3111198
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FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
Title No. FNT9815113
SCHEDULE A
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:
BEGINNING at a point on the easterly side of Peconic Road at the northwesterly
comer of land now or formerly of Raymond M. Realty Corp.;
THENCE North 43 degrees 43 minutes 38 seconds West along the easterly side of
Peconic Lane, 436.35 feet to land now or formerly of the Town of Southold;
THENCE along the last mentioned land the followinf; two courses and distances:
1. North 37 degrees 48 minutes 22 seconds East, 408.00 feet to a point;
2. North 43 degrees 43 minutes 38 seconds West, 250.00 feet to land now or formerly
of School Dist. #5;
THENCE along the last mentioned land the following 2 courses and distances:
1. North 37 degrees 48 minutes 22 seconej, East, 80.07 feet to a point;
!
2. North 43 degrees 49 minutes 20 serbnds West, 144.20 feet to land now or formerly
of Quinn;
THENCE North 38 degrees 00 minutes 44 seconds East along the last mentioned land
and along land now or formerly of Quinn, 279.57 feet to land now or formerly of
Chichanowicz;
THENCE North 37 degrees 43 minutes 39 seconds East still along land now or
formerly of Chichanowicz, 470.42 feet to land now or formerly of Chichanowicz and
the Town of Southold;
THENCE South 38 degrees 13 minutes 51 seconds East still along land now or
formerly of Chichanowicz and the Town of Southold and along land now or formerly
of Dunhuber, 1207.60 feet to the northerly side of Main Road;
THENCE along the northerly side of Main Road, the following 2 courses and
distances:
1. Westerly along the arc of a curve to the left having a radius of 2265.61 feet a
distance of 360.50 feet to a point;
- continued on next page -
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
.
Title No. FNT9815113
S C H E D U LEA (continued)
2. South 34 degrees 56 minutes 08 seconds West, 78.05 feet to other land of Reynold
Blum;
THENCE along the last mentioned land and along land now or formerly of Raymond
H. Realty Corp. the following 2 courses and distances:
1. North 43 degrees 43 minutes 22 seconds West, 247.36 feet to a point;
2. South 46 degrees 16 minutes 38 seconds West, 674.59 feet to the easterly side of
Peconic Lane, the point or place of BEGINNING.
.
FOR
.ONVEYANCING
ONLY
The policy to be Issued under this report will insure the title to such buildings and
improvements erected on the premises which by lew constitute real property.
TOGETHER with all the right. title and Interest of the party of the first part. of. In and to
the land lying In the streat In front of and adjoining said premises.
11941PG128
.
ST ATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the eighth day of May, 1998, before me, the undersigned, a Notary Public in and for
said State, personally appeared Reynold Blum, personally known to me or proved 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, and that by his
signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
PmJ;I;L-- cI ~/i/>o
Notary Public
PATRICIA L FALLON
Notary PubliC. Stgte of New York
No 4950146
Qualified In Suffolk COU"ty
CommiSSion Expores ,,"p,,124. I 'Iii
.
ST ATE OF NEW YORK)
)ss
COUNTY OF SUFFOLK)
On this eighth day of May, 1998, before me personally came JEAN W. COCHRAN, to me
known, who being by me duly sworn did depose and say that she resides at Boisseau Avenue,
Southold, New York; that she is the Supervisor of the Town of Southold, the municipal
corporation described in and which executed the above instrument; that she knows the seal of said
corporation, that the seal affixed to said instrument is such corporate seal, that it was affixed by
order of the Town Board of said corporation; and that she signed her name thereto by like order.
~~~u7-J- OA>_ :rtAd~
Notary Public
ELIZABETH ANN NEVILlE
Notary Public, Stale of lllew York
No. 62-8125860, Suffolk CoW1lY
Term Expires October 31, 1~
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Owner's Policy of Title Insurance
Fidelity National Title Insurance Company
of New York POLICY
A Stock Company NUMBER FNT981S113F
(FNT981S113 Title NO.)
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY
NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York 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
I. Title to the estate or interest described in Schedule A being vested other than as
stated herein;
2. Any defect in or lien or encumbrance on the title;
3. Un marketability 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 title
or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions
and Stipulations.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW
YORK, has caused this policy to be signed and sealed by its duly authorized officers as of Date of
Policy shown in Schedule A.
FIDELITY NA TIONAL TITLE INSURANCE COMPANY
OF NEW YORK
B" ~y" h I
........
Countersigned
A""', ~ H. W.ima-
-
FORM 26-031-92-X(4/1I93)
ALTA OWNER'S POLICY -1990 (Revised 10-17-92)
.
.
4ft
Fidelity National Title Insurance Company
Schedule A - Owner's Policy
Amount of Insurance: $179,400.00
Policy No.: FNT9815113F
Date of Policy: May 8, 1998
1. Name of Insured: TOWN OF SOUTHOLD
2. The estate or interest in the
policy is: DEVELOPMENT RIGHTS
3. Title to the estate or
Deed of Development Rights dated May 8, 1998 from
1999 in the Suffolk County Clerk's Office.
(516) 727-0600
FIDELITY NATIONAL TITLE INSURANCE COMPANY
.
.
.
Fidelity National Title Insurance Company
Schedule B - Owner's Policy
Exceptions From Coverage
Policy No.: FNT98l5113F
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:
1.
Commitment of land to Continued Agricultural Production in Liber 10861 cp 28~ Liber 11076
cp 361, Liber 11266 cp 288, Liber 11426 cp 492, Liber 11620 cp 15 and Liber 11604 cp 973.
Survey made by John C. Ehlers last dated 1/22/98 shows vacand land, firewells in westerly part
of premises.
Policy excepts the right of the taxing authority to cancel the exemption shown on the tax search
enclosed herein and to restore taxes retroactively to the effective date of the conveyance by or
date of death of the exempt owner.
Development rights and Covenants set forth in deed being recorded herewith.
2nd Half 1997/98 Town and School Taxes.
2.
3.
4.
5.
.
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.
"
.;;;\
WI
Fidelity National Title Insurance Company
SCHEDULE B
NEW YORK ENDORSEMENT (OWNER'S POLICY)
to be attached to Policy No. FNT9815113F
Attached to and fonning a part of Policy of Fidelity National Title Insnrance Company of New York
1. 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."
2. 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 tbe policy date, such policy
shall also cover intervening li~ns or incumbrances, except real estate t.'IXes, assessments, water charges and sewer
rents. II
3. Paragraph nwnber 4 of tbe ExclusiolLs from Co"erage is deleted and the following paragraph is substituted in its place:
"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 creditor's rights laws, that is based on:
(a) the transaction crcatiIllfthe.esulte.or interest insured by.thispolicfheing deemed a fraudulent conveyance or
fraudulent transfer; or
(b) the transaction creating the estate or interest insured :'y this policy being deemed a preferential tralLsfer,
except where the preferential transfer results from the failureJ
(i) to timely record the instrun1ent of transfer; or
(ii)of such recordation to imrmrtn()fice toa<pufcha.scr fOI"value Of a judgment or lien creditor. II
Nothing herein contained shall be construed as extelldillg or changing tbe effective date of said policy unless otherwise
expressly stated,
This endorsement, when signed below by a validating signatory, is made a part of said policy and is subject to Exclusions
from Coverage, Schedules, Conditions and Stipulations tbereon, except as modified by the provisions hereof.
DATED:
Countersigned
05-08-98
By
Ie
STANDARD NEW YORK ENDORSEMENT (8/1/93)
FOR USE WITH ALTA OWNER'S POLICY (10-17-92)
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FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
.
Title No. FNT9815113
SCHEDULE A
ALL that certain
Southold, County
follows:
BEGINNING at a point on the easterly side of Peconic Road at the northwesterly
corner of land now or formerly of Raymond M. Realty Corp.;
plot, piece or parcel of land, situate, lying and being in the Town of
of Suffolk and State of New York, bounded and described as
.
THENCE North 43 degrees 43 minutes 38 seconds West along the easterly side of
Peconic Lane, 436.35 feet to land now or formerly of the Town of Southold;
THENCE along the last mentioned land the following two courses and distances:
1. North 37 degrees 48 minutes 22 seconds East, 408.00 feet to a point;
2. North 43 degrees 43 minutes 38 seconds West, 250.00 feet to land now or formerly
of School Dist. #5;
THENCE along the last mentioned land the following 2 courses and distances:
1. North 37 degrees 48 minutes 22 seconds East, 80.07 feet to a point;
2. North 43 degrees 49 minutes 20 seconds West, 144.20 feet to land now or formerly
of Quinn;
THENCE North 38 degrees 00 minutes 44 seconds East along the last mentioned land :
and along land now or formerly of Quinn, 279.57 feet to land now or formerly of
Chichanowicz;
THENCE North 37 degrees 43 minutes 39 seconds East still along land now or
formerly of ChichanoWlcz, 470.42 feet to land now or formerly of Chlchanowicz and
the Town of Southold;
THENCE South 38 degrees 13 minutes 51 seconds East still along land now or
formerly of Chichanowlcz and the Town of Southold and along land now or formerly
of Dunhuber, 1207.60 feet to the northerly side of Main Road;
THENCE along the northerly side of Main Road, the following 2 courses and
distances:
1. Westerl)' along the arc of a curve to the left having a radius of 2265.61 feet a
distance of 360.50 feet to a point;
.
. continued on next page.
F1DELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
.
Title No. FNT9815113
S C H E D U LEA {continued}
2. South 34 degrees 56 minutes 08 seconds West, 78.05 feet to other land of Reynold
Blum;
THENCE along the last mentioned land and along land now or formerly of Raymond
H. Realty Corp. the following 2 courses and distances:
1. North 43 degrees 43 minutes 22 seconds West, 247.36 feet to a point;
2. South 46 degrees 16 minutes 38 seconds West, 674.59 feet to the easterly side of
Peconic Lane, the point or place of BEGINNING.
~
,
.
fhe "allawlng matters are expressly excluded fram the caverage .of tbjs palicy aDd the Campany will nat pay lass .or damage, casts, aUar...eys' fees .or expenses which
arise by reasan .of:
1. (a) Any law, .ordinance .or gavernmental regulatian (including but nat limited ta building and zoning laws, .ordinances, .or regulatians) restricting, regulatinll, prahibiting
.or relating ta (i) the .occupancy, use, .or enjayment .of the land; (ii) the character, dimensians .or lacatian .of any impravement naw .or hereafter erected an the land;
(iii) a separatian in .ownership .or a change in the dimensians .or area .of the land .or any parcel .of which the land is .or was a part; .or (iv) enviranmental pratectian,
.or the effect .of any vialation .of these laws, .ordinances .or gavernmental regulatians, except ta the extent that a natice .of the enfarcement thereaf or a natice .of
a defect, lien .or encumbrance resulting fram a vialatian .or alleged vialatian affecting the land has been recarded in the public recards at Date .of Palicy.
(b) Any gavernmental palice pawer nat excluded by (a) abave, except 1.0 the extent that a natice .of the exercise thereaf .or a natice .of a defect, lien .or encumbrance
resulting fram a vialatian .or alleged vialatian affecting the land has been recorded in the public recards at Date .of Palicy.
2. Rights .of eminent damain unless natice .of the exercise thereaf has been recarded in the public recards at Date .of Palicy, but nat excluding fram caverage any taking
which has accu~red priar ta Date .of Palicy which wauld be binding an the rights .of a purchaser far value withaut knawledge.
3. Defects, liens, encumbrances, adverse claims .or ather matters:
(a) created, suffered, assumed .or agreed ta bJ the insured claimant;
(b) nat knawn ta the Campany, nat recarded in the public records at Date .of Palicy, but knawn ta the insured claimant and nat disclased in writing ta the Campan~'
bJ the insured claimant priar ta the date the insured claimant became an insured under this palicy;
(c) resulting in na lass .or damage ta the insured claimant;
(d) attaching .or created subsequent ta Date .of Palicy; .or
(e) resulting in loss .or damage which wauld nat have been suslained if the insured claimant had paid value far the estate .or inlerest insured bJ this palic~'.
4, Any claim which arises aut .of the transaction vesting in tbe Insured the estate or interest insured by this policy, b~' reasan .of the aperatian .of federal bankruptO', state
insoh'ency, or similar creditars' rights law, that is based an:
(i) the transaction creating the estale .or interest insured by this policy being deemed a fraudulent canveyance or fraudulent transfer; .or
(ij) the transaction creating the estate .or interest insured by this pal icy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timelJ recard the instrument of transfer; .or
(b) of such recordatian ta impart natice ta a purchaser far value .or a judgment .or lien creditar.
.
CONDITIONS AND STIPULATIONS
.
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who suc-
ceed to the interest of the named insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees, devi~"'es, survivors, per-
sonal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason .of the public records as
defined in this policy or any other records which impart constructive notice of mat-
ten affecting the land.
(d) "land": the land described or referred to in Schedule A, and improvements
affixed thereto which by law constitute real property. The term "land" does
nat include any property beyond the lines of the area described or referred to in
Schedule A, nor any right, title, interest, estate or easement inabutting streets, roads,
avenues, alleys, lanes, ways or waterways. but nothing herein shall modify or limit
the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust '"..'ed, or other security instrument.
(f) "public records": records established ~mder state statutes at Date of Policy
for the purpose of imparting constructive noti:e of matters relating to real property
to purchasers for value and without Irnow] :;dge. With respect to Section I(a)(iv)
of the Exclusions From Coverage, "public -,-ecords" shall also include environmen-
tal protection liens filed in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverage, which would entitle a
purchaser of the estate or interest described in Schedule A to be released from the
obligation to purchase by virtue of a contractual condition requiring the delivery
.of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given by a pur-
chaser from the insured, or only so long as the insured shall have liability by reason
of covenants of warranty made by the insured in any transfer or conveyance of
the estate or interest. This policy shall not continue in force in favor of any pur-
chaser from the insured .of either (i) an estate or interest in the land, or (ii) an in-
debtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any Iitiga-
tian as set forih in Section 4(a) below, (ii) in case knowledge shall come to an in-
sured hereunder of any claim of title or interest which is adverse to the title to the
estate or interest, as insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the estate or in-
terest, as insured, is rejected as unmarketable. If prompt notice shall not be given
to the Campany, then as to the insured allliabHity .of the Company slJ,a1l terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights
of any insured under this policy unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject to the options contained in
&:cHon 6 of these Conditions and Stipulations, the Company, at its own cost and
~lthO~t unreaso~able delay, shall provide for the defense .of an insured in litigation
In which any third party asserts a claim adverse to the title or interest as insured,
but only as to those stated causes of action alleging a defect, lien or encumbrance
or other matter insured against by this policy. The Company shall have the right
to select counsel of its Own choice (subject to the right of the insured to object for
.
reasonable cause) to represent the insured as to those stated causes of action and
shall not be liable for and will not pay the fees of any other counsel. The Company
will not pay any fees, costs or expenses incurred by the insured in the defense of
those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be neccssary
or desirable to establish the title to the ,estate or interest, as insured, or to prevent
or reduce loss or damage to the insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the
Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
a~ required or permitted by the provisions of this policy, the Company may pursue
any Iitigatian to final determination by a court of competent jurisdiction and ex-
pressly reserves the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(d) 10 all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or pravide defense in the action or pro-
ceeding, and all appeals therein, and permit the Company to use, at its option, the
name of the insured for this purpose. Whenever requested by the Company, the
insured, at the Campany's expense, shall give the Company all reasonable aid (i)
in any action or proceeding, securing evidence, obtaining witnesses, prosecuting
or defending the action or proceeding, or effecting settlement, and (ii) in any other
lawful act which in the opinion of the Company may be necessary or desirable to
establish the title to the estate or interest as insured. If the Company is prejudiced
by the failure of the insured to furnish the required cooperation, the Company's
obligatians to the insured under the policy shall tenninate, including any liability
or obligation to defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperatian.
S. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within
90 days after the insured claimant shall ascertain the facts giving rise to the loss
or damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this policy which con-
stitutes the basis of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage. If the Company is prejudiced by
the failure of the insured claimant to provide the required proof of loss or dama~e,
the Campany's obligations to the insured under the policy shall tenninate, includmg
any liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to examina-
~ion under oath by any authorized representative of the Company and shall produce
for examination, inspection and copying, at such reasonable times and places as
may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date
before .or after Date .of Policy, which reasonably pertain to the loss .or damage.
Further, if requested by any authorized. representative of the Company, the insured
claimant shall grant its pemtission, in writing, for any authorized representative
of the Company ta examine, inspect and copy all records. books, ledgers, checks,
correspondence and memoranda in the custody or control of a third party, which
reasanabIy pertain to the loss or damage. All information designated as confidential
by the insured claimant provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgment of the Company, it is
necessary in the administratian of the claim. Failure of the insured claimant to sub-
mit for examination under oath, produce other reasonably requested information
or grant pennission to secure reasonably necessary information from third parties
as required in the above paragraph shall terminate any liability of the Company
under this policy as to that claim.
6. OPTIONS TO PAY OR OTIlERWISE SETILE CLAIMS; TERMINATION
OF LIABILITY
[n case of a claim under this ?Olicy, the Company shall have the following addi-
tional options:
(8) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred by the insured claimant, which
. were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of this option. all liability and obligations
to the insured under this policy, other than to make the payment required, shall
tenninate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall he surrendered 10 the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured
Or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy. together with any costs, at-
torneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage pro-
vided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Company
up to the .time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs
(b)(i) or (ii), the Company's obligations to the insured under this policy for the
claimed loss or damage, other than the payments required to be made, shall ter-
minate. including any liability or obligation to defend. prosecute or continue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract 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 against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or encum-
brance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the
full consideration paid for the estate or interest. whichever is less, or if subsequent
to the Date of Policy an improvement is erected on the land which increases the
value of the insured estate or interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy is subject to the following:
. (i) where no subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the estate or interest at Date
of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount
of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and ex-
penses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount
of Insurance stated in Schedule A.
(c) 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 land 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 insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole, exclusive of any improvements made subse-
quent to Date of Policy, unless a liability 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 by an express statement or by an endorsement attached to
this policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the 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 unmarketability of title or otherwise establishes the lien of the insured
mortgage, all as insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have fully performed
its obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event 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.
(c) The Company shall not be liable for loss or damage to any insured for liability
. voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILIlY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
".
II. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance wader this policy shall
be reduced by any amount the Company may pay under any policy insuring a mor-
tgage to which exception is taken in Schedule B or 10 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 so 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 this policy for endorsement of
the payment unless the policy has been lost or demuyed, in which case proof of
loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage bas been definitely fixed in
accordance with ~ Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUllROGATION UPON PAYMENT OR SETILEMENT
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the in-
sured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in respect
to the claim had this policy not been issued. If requested by the Company, the in-
sured claimant shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of subrogation. The in-
sured claimant shaH pemtit the Company to sue, compromise or settle in the name
of the insured claimant and to use the name of the insured claimant in any transac-
tion or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the pro-
portion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that
act shall not void this policy, but the Company. in that event, shall be required
to pay only that part of any losses insured against by this policy which shall exceed
the amount, if any, lost to the Company by reason of the impainnent by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any tenus or conditions con-
tained in those instruments which provide for subrogation rights by reason of this
policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may de-
mand arbitration pursuant to the Title Insurance Arbitration Rules of the American
Arbitration Association. Arbitrable matters may include, but are not limited to, any
controvers~ or c1H':.J between the Company and the insured arising out of or relating
to this pohcy, ;:my service of the Company in connection with its issuance or the
breach of a pt./licy provision or other obligation. All arbitrable matters when the
Amount of Ir,/surance is $1,000,000 or less shall be arbitrated at the option of either
the Compar'y' or the insured. All arbitrable matters when the Amount of Insurance
is in excess Of $1,000,000 shall be arbitrated only when agreed to by both the Com-
pany and the insured. Arbitration pursuant to this 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 Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state In which the land is located
pemtit a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having jurisdICtion
thereof.
The law of the situs of the land shall apply to an arbitration under the Title In-
surance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
IS. LIABILITY LIMITED TO THlS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by the Com-
pany is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which
arises out of the status of the titk to the estate or interest covered hereby or by
any action asserting such claim: shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a V ice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under
applicab]e law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
AI] notices required to be given the Company and any statement in writing re-
quired to be furnished the Company shall include the number of this polICY and
shall be addressed to the Company at: 2 Park Avenue, New York, NY 10016
.
.
.
Fidelity National Title Insurance Company
of~ew York
2 Park Avenue
New York, NY 10016
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473889 .Solcllhold .
Roll Year: 12006 Cm, V,
land S i,e: 23.00 acres
Tolal1
Iitl:Yain Road LLC
Aclive R IS: 1
Land rillhts
School: SOlclthilld School
land iN 2.9110
ToI,liAV' 2.9l1l1.
lit iscellarieotls
Book: 121'11
Page: 518
Morlg:
Bank:
Accl No: 10
Land 0 of 0
Addl Addr: .
Slr".el:' .7'70 P~rk Aye
PO S
CiljJ:
Sale
Sook
12111
12100
TaKable Value
CounljJ: 1
Muni: 100
:S chool: 100
.p"ge
SHl
732
Zip: 10021-
Tolal: 2
Sale Dale S ale Price 0 wner
03t27!!I1 1 141 Main Road LI
01124/01 1)l5ltOOll Lyl'lne. Michael
Sehl otter Slor: 100
Sile 1 of 1
Prpcls: land rights
Nbhd Cd: 0
Sewer:
'Water:
Ulilities:
Illclilding
Tolol: 0
.
Tolal: 0
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473889 SOUTHOLD
NYSRPS ASSESSMENT INQUIRY
SCHOOL SOUTHOLD SCHOOL
PRCLS 129 LAND RIGHTS
DATE: 07/30/2004
ROLL SEC TAXABLE
TOTAL RES SITE
TOTAL COM SITE
ACCT NO 10
1======== ====== ASSESSMENT DATA ===========
I **CURRENT** RES PERCENT
ILAND 2,900 **TAXABLE**
ITOTAL 2,900 COUNTY
**PRIOR** TOWN
ILAND 2,900 SCHOOL
ITOTAL 2,900
==DIMENSIONS ===1======= SALES INFORMATION ==================================
ACRES 23.00 IBOOK 12111 SALE DATE 03/27/01 SALE PRICE
IPAGE 518 PR OWNER LYNNE MICHAEL
=======TOTAL EXEMPTIONS 1 =============1== TOTAL SPECIAL DISTRICTS 3 =====
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE
41720 2,700 04 IFD028
IWW020
I SWOll
I
F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC
75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF
75.-1-15.4
42275 MAIN RD
,- OWNER & MAILING
MAIN ROAD LLC
o MICHAEL LYNNE
770 PARK AVE
NEW YORK NY 10021
INFO
===I=MISC
IRS-SS
1 1
1 BANK
200
200
200
1
F4=PREV EXEMPT/SPEC
F10=GO TO MENU
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TOWN OF SOUTHOLD PROPERTY RECORD CARD
IJ()o - 7\-- /- Is-. /
OWNER I STREET CIL"L "/5
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ACb/Ylc...
DIST.
I COUNTY TAX MAP NO.
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LAND
IMP.
TOTAL
DATE
REMARKS:
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TOWN OF SOUTHOLD PROPERTY . RECORD CARD
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OWNER
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FORMER OWNER
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LAND IMP. TOTAL DATE
76 I . ,'.n
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ACR. '
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TYPE OF BUILDING
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COMM. CB. MISe. Mkt. Value
REMARKS
5500
'7/00
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AGE
NEW
FARM
ffP1' 13' ro'ktz d
P~v' /
BUILDING CONDITION ~
NORMAL BELOW ABOVE ,
Acre Value' Per Value
Acre
27'> /
3B-D ., 70 ~q
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lr6.sr/".,~. , L... /J'7
_ r;,rt;'lo,)n.,jJo..fl.4.. ;;'.,.".L (i.2e/SA'i 1'. .rIa-
[illable 1
'illable 2
'illable 3
Voodlond
wampland
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
~Il / :L Cor>C< C. ;;< ;., (A
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:rushland
10use Plot
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Reynold Blum...
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Reynold Blum
dead at age 62
By Ashley Macomb
.
Long Island Wine Conntry pioneer, Peconic resi-
dent and owner of Ackerly Pond Vineyards Reynold
F. Blum, 62, died Jan. 10, of
pancreatic cancer.
"He was a hands-on
owner," said his wife, Jill, in
a brief phone conversation
yesterday. "He was very suc-
cessful at everything he did."
She described him as care-
ful and thorough, noting he
was one of the first on Long
Island to have a mechanical
harvester.
"He was very popular in
the town, he had many, many
Reynold Blum friends," said Ms. Blum.
Born July 8, 1944, in Belle-
rose, N.Y., to Herman and Lillian (Wagner) Blum, Mr.
Blum earned his bachelor's degree from Adelphi Uni-
versity. He retired as an air traffic COil-
2001 troller at MacArthur Airport after 28
years. As a soldier with the U.S. Army
during the Vietnam War, he received
various medals.
Among the first vineyard owners on
Long Island, Mr. Blum planted Peconic
Bay Vineyards in J979. Devoted to his
business, he was often referred to as a
pioneer in the wine industry. He sold
Peconic Bay in 1991 and bought Acker-
ly Pond Vineyards to have more land.
Involved in the community, Mr. Blum
was a past president of the Southold
Town Agricultural Advisory Conunit-
tee, a founding member of the Long Is-
land Wine Council and a past chairman
of the Southold Town Land Preserva-
tion Committee. According to family,
he was a lifelong skier.
"He was a great contributor to the
town's preservation efforts not only as
a land owner who sold development
rights but as chairman of the town's
land preservation committee," said Me-
lissa Spiro. Southold Town's land pres-
ervation coordinator. "He'll be truly
missed."
.
According to Jim Waters, owner of
Waters Crest Winery and a close friend
of the deceased, Mr. Blum helped to
plant the first vineyards and helped a
lot of different wineries start up and
maintain their vineyards.
"I think he'll really be missed by a lot
of people the industry," Mr. Waters said.
"He was a real good friend."
On some of his property on the
North Fork, Mr. Blum restored historic
homes. "During the renovation of our
farm house on Peconic Lane, Ray was
faced with the dilemma of removing a
very heavy cast iron bathtub from the
second floor of the house," Ms. Blum
said. "Not knowing exactly how to go
about this. he decided to push it out the
sCi:ond story bathroom window, just in
time for his mother- and father-in-law
to be driving past and seeing this bath-
tub flying through the air."
"He's been a long-standing and
very valuable member of the industry
for many years," said Steven Bate, ex-
ecutive director of Long Island Wine
Council.
"He was always quiet and genial and
supportive of everyone, never said a
negative word about anyone," said Lou-
isa Hargrave, who co-founded the first
vineyard on Long Island. She described
him as having tremendous devotion to
the industry and his family.
In addition to his wife, Mr. Blum is
survived by his daughter, Kerri, of Cal-
verton, and his brother, Randolph, of
California.
Visitation at William F. Coster Fu-
neral Home in Cutchogue will be today,
Jan. 1 J, from 2 to 4 and 7 to 9 p.m. A
graveside prayer will be said at 10 a.m.
tomorrow at Calverton National Cem-
etery, followed by interment.
Memorial donations may be sent to
East End Hospice. PO. Box 1048, West-
hampton Beach, NY 11978.
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2001 Aerial
REYNOLD BLUM Property
42275 Main Road, Peconic
23.0 acres development rights easement
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NOTES
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FINAL
SURVEY
SURVEY OF PROPERTY
SITUATE: PECONIC
TO~N OF SOUTHOLD
SUFFOLK COUNTY, NY
J.~
III
a:"c~
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SURVEYED 11-12-'11
AMENDED 01-22-'1B
CERTIFICATIONS ADDED 05-01-'1B
SUFFOLK COUNTY TAX MAP
PART OF 1000 15 I 15.1
~1"
X~
~~}.
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CERTIFIED TO,
REYNOLD BLUM
TOWN OF SOUTHOLD
FIDELITY NATIONAL TITLE
INSURANCE COMPANY OF NY
TITLE 11 FNT'1B15113
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