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HomeMy WebLinkAboutRuland, William P (3) GREGORY F. YAKABOSKI TOWN ATTORNEY ~~ ~.~~~ ( ~ ~" :::. . ..." Q =- ':\ "" :2: ~ ~ ~N 41. · ~i;i ~Q.f + ~~<::s r JEAN W. COCHRAN Supervisor . Town Hal!, 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 FROM: ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ASSISTANT TOWN ATTORNEY TO: DATE: JUNE 21, 1999 Attached for filing, please find the following documents: 1) The original recorded Deed of Development Rights purchased from William Ruland; SCTM#1 000-1 07-11-01 0, 1000-115-02-003 and 1000-115-02-002.001 and the Town's Title Policy issued by Commonwealth, Title Policy No. 70983208. These are the only copies. 2) The original recorded Deed of Development Rights purchased from the Estate of Sophie Kaloski; SCTM#1 000-1 09-01.00-024.001 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 ~ ryocn'3d-09 :rxsr - 100:> sc-cT - Jcfl. j3Lk- - j. i-<ff' -;).4. OJ I THIS INDENTURE, made this 5th day of February, 1999 BETWEEN Frances Zelinski, As Executrix of the Estate of Sophie Kaloski, 0\ LlC\ _ 2Df' ie ~\ c:f::L..I deceased, residing at 695 Alvahs Lane, Cutchogue, New York party of the ~ \5\4 P ,Ql3S 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 Five Hundred Seventeen Thousand Two Hundred Seventy Five Dollars and No Cents ($517,275.00) 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 r . f . Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than its present state of use, 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: 13e7t!G o.~d :r~;om -h, be -\k. SlMe. 1"f1Mrt'~ As d~ ;,.; 1:;r.'BER /'1oLf ~. &h I~. -'.J..,J,J,J J..L.."""-"" . , File No. 70983209 SCHEDULE A PARCEL I ALl- thllt certllin plot, piece or parcel of land, situate, lying and being of Cutchogue, in the Town of Southold, County of SUFFOLK and State of New York: BEGINNING at a point on the southeasterlY side of land now or formerly of Oroscoskl, Cassidy and Vallenti; RUNNING THENCE along the westerly side of Alvah's Lane south 47 degrees 02 minutes 58 seconds East, 1824.66 feet; RUNNING THENCE south 08 degrees 37 minutes 27 seconds East, 204.21 feet; RUNNING THENCE south 44 degrees 45 minutes 21 seconds west, 217.35 feet; tl3 2.7 1</ RUNNING THENCE north .ta'degreesZmlnlJtl!sZ seconds East, 410.61 feet; 1Jt. 37 "2../ RUNNING THENCE southM degrees~ mlnutes-M-seconds East, 91.24 feet; RUNNING THENCE south 43 degrees 22 minutes 39 seconds East, 226.65 feet to land now or formerly of Doris Tynlec and Michael Capuano; RUNNING THENCE along said lands south 44 degrees 45 minutes 21 seconds West, 82.73 feet; RUNNING THENCE along said lands and lands now or formerly Eugenia 5. Kopustka south 40 degrees 54 minutes 10 seconds East 271,50 feet to lands now or formerly of Petrol Stations Umited; RUNNING THENCE II10ng said lands south 47 degrees 48 mInutes 31 seconds West, 360.84 feet to lands now or formerly of Gristina Vineyard's, LLC; R.UNNING THENCE along said lands three (3) courses and distances: (1) North 45 degrees 23 minutes 17 seconds West, 888,23 feet; (2) North 44 degrees 41 minutes 37 seconds West 836.26 feet; (3) North 47 degrees 00 minut~7 seconds West, 506.88 feet to lands now or formerly of Paulette Satur Mueller, Eberhard Mueller and the County of SUffolk; RUNNING THENCE along said lands now or formerly the followlng two (2) courses and distances: (1) North 43 degrees 25 minutes 20 seconds East, 329,27 feet; (2) North 42 degrees 24 minutes 08 seconds West, 452,86 feet to land now or formerly Oroscoskl, Cassidy and VelJfnt first above mentioned; RUNNING THENCE along lands ~Orth 32 degrees 41 minutes 54 seconds East, 343,75 feet to the westerly side of Alvah's Lane at the point or place of BEGINNING. ' Date Printed February 5, 1999 FEB. 5.1999 12:~3PM NO.810 P.4/5 '. . . File 1110. 70983209 PARCEL II AlL that certain plot, piece or parcel of land situate, lying, and being at Cutc:hogue in the Town of Southold, County of Sufl'olk and State of New York: BEGINNING lit a point on the easterly side of Alvah's Lane distant northerly 1175 feet more or less as measured II10ng same from the Intersectfon of the easterly side of Alvah's Lane with the northerly side of Main Road; said point also being the northerly line of land now or formerly of Chester and Irene Sawastynowicz; RUNNING THENCE II10ng the easterly side of Alvah's Lane the following two (2) courses and distances: (1) North 43.degrees 27 minutes 14 seconds West, 620.63 feet; SJ.. (2) North 47 degrees 02 minutes sa seconds 4.a feet to land now or formerly Edward R, Grohoski ; I 05 RUNNING THENCE' north 43 degrees..2'f minutes 13 seconds East, 150,00 feet; RUNNING THENCE north 47 degrees 02 minutes 58 seconds West:, 100.00 feet to lands now or formerly .of William J. Kerrigan; . RUNNING THENCE along said lands'" n.orth 43 degrees 05 minutes 13 Seconds East, 277.60 feet; v RUNNING THENCE north 47 degrees 11 minutes '2.7 seconds West, 236,26 feet to lands now orfomlerly of Franklin Blachy and Malcolm Blachy; RUNNING THENCE along said lands (north 08 degrees 04 minutes 53 seconds East; 394.88 feet to lands shown an the Map of Highland Estates, Map No. 6537; /\ RUNNING THE~~E along said lands south 48 degrees 27 minutes 00 secoriXast, 439.27 feet to lands shown on the -Map .of Crown Jand LaneM, Map No. 6289; . RUNNING THENCE along said lands: south 47 degrees 26 minutes 10 seconds East, 1415,7B feet; RUNNING THENCer;cluth 46 degree: 12 minutes 00 seco~est 348.55 feet to lands now .or formerly Michael R. Crosser and Diane ~ym Crosser; RUNNING THENCE along said lands and lands now or folTllerly of Jllmes R, Duffy and Unda A, DUft'y(9brth 43 degrees 18 minutes 10 seconds West, 274.24 feet; . " RUNNING THENciJuth 46 d~grees 44 minutes 00 sect~~~.st:, 303,60 feet; V RUNNING THENCE north 43 degrees 18 minutes 10 seconds West, 334.04 feet; 'u' RUNNING THENCE'south 49 degrees 35 minutes SO seconds West, 200.36 feet to the easterly side of Alvah's Lane at thll point or place of BEGINNING. . For conveyanCIng .only, if Inb!tlded 10 be conveyed. {Together with aU right, title and Interest of, In and to any streets and roads abutting the above described premises, to the center line thereof. D.t. Printed February 5, 1999 , , . 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. 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, that the parcels of real property described herein are open agricultural lands . . actually used in bona fide agricultural production as defined in General Municipal Law section 247. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production: as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: " Agricultural Production- shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." THE party of the first part and the party of the second part do hereby 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 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 '-. .. L , 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. 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 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 subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights '. . acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: Estate of Sophie Kaloski By: ::::-~ ___ ~~. Frances Zelinski, ~ xecutrix Purchaser: ~~~n~ ~~~~ WII.......A"" ')), ...,oo~,[" I )E\'v1'y SIlPf)(Vlso,~ . . , 10 28626 . oAIaiYED fI!AL ESTATE FEe 18 1999 o RlfOOROEe" 11946rc075 II 99FE818 AH 8: 57 Number of pages Serial # l'fWIilFIR TAX iIUflI<<K eouNIY 28626 EO~V ~ '-'f"' ::" :' !'Ie- l Mj\~_ ,. l., .Hlht. CL[,:,~ u;: . SUF"IiL" rn'!!'ITY I ~_ .. \.........:.JI' TORRENS Cenificate # Prior Clf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps 4 Handling 33.~ C).~ 5.-==- Mortgage Amt. Page / Filing Fee 1. Basic Tax TP-584 2. Additional Tax Notation Sub Total EA-5217 (County) 5 -/ ()C) .~ J~- Sub Total l-(9.~ Reg. Copy Sub Total 53.~ U:)I R Spec.! Assit. or Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for Apportionment _ Transfer Tax 6 .-=- Mansion Tax '_ The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5.~ Affidavit Certified Copy Other GRAND TOTAL Real Property Tax Service Agency Verification 6 Title Company Information Dist. Section Block Lot (""'''''ld1?Wh2//-J. LI0uI "fill'?. Company Name 7tl9S32t7i Title Number INJ{) /OPO /o1,tJO //J2.0i) GJ/,OO o I./, tJ tJ ollf-OOI tJtlb,OI) / FEE PAID BY: Commonwealth Land Cash Check ~ Charge Title Insurance Company (' Payer s~2~~~~2 f 1777 - 6 Veterans Memorial Highway NAME: ornmtr'r1.W 111 ~ 1/fte... Islandia, New York 11722ADDRESS:/777-b I/tferM5fl2Rm,!A, RECORD & RETURN TO --:J: > 11t-Jr A / N'j / /7 2 2- (ADDRESS) - Suffolk County Recording & Endorsement Page' This page forms part of the attached ~ f I' (SP CIFY TYPE OF INS UMENT) F y- M t.-e C, 2 ell h .s Ie ;' , U~ ~ u. 1iJ' x The premises herein is situated in of E-sf~ /7F ~;D/"le k'ttksk/1>UFFOLK COUNTY, NEW YORK. I In the Township of !; odl-.o / ,/ 7 9 made by: /OWYloF TO S t:7t.Lfho &/ In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-G104..2195Mcs . COMMONWEALTH LAND TITLE INSURANCE COMPANY 1777-6 Veterans Memorial Hwy. . Islandia, NY 11722 Phone: 516-232-3503 Fax: 516-232-3617 o Commonwealth ._- May 21, 1999 TOWN OF SOUTH OLD OFFICEOF THE TOWN ATTORNEY MAIN ROAD SOUTHOLD, NY 11971 r~~@~uwrnr:,; ! \.'. ~~--~---'~I: " I <, I ro\; r Ill, I i,J! MAY 2 4 :999 . I I I L~",,~__ . ~ TOV/N ATTCJrihJ[Y'-' ....:2r.;.~~,': lO\'V,~ OF SOU-'''I.'~;: :c.,'v- ,,~, ~ ATTN: GREGORY F, YAKABOSKI Re: Title No. 70983209 Premises: District: County: , NY 1000 Section: SUFFOLK 109.00 Block: 01.00 Lot: 024.001 Premises: District : County: , NY 1000 Section: SUFFOLK 102.00 Block: 04.00 Lot: 006.001 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 iook forward to serving your future title needs. Very truly yours, COMM?EN E~LTH LAND ~~~EI~URANCE COMPANY "?;n~' -r- J', /. 7 ?0n~'~ ~jt>v '-C, Vincent Sette VICE PRESENT AND BRANCH MANAGER VS:jac Enc!. p~::rellV ;;uV J;)AOJ Pul: 8 pUll V S;)IOP;)lPS jl AluO PHllA aBed a"e~ ~.06n WJO~ (~6-U-O~) '\"!I0d s.JaUMO V.L1V O~Vd ~ ~N . . 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',(llIldUJo:> ;)l(l P;)lIeJ U!;)l;;ll( 'uopluodJO:l e!"eAIASUu;)d 'R 'ANYdWO:) 3:)NV'HOSNI 3l.lI.l aNVi H.lIY3MNOWWO:) 'SNOI.l Vlndl.lS aNY SNOI.lIaNO:) 3Hl. aNY S 3lnmlHJS NI a3NIV.LNOJ 3DV1I3AOJ WOll~ SNOI.Ld3JX3 3H.L '3DV1I3AOJ WOll~ SNOIsnlJX3 3H.L O.L .LJ3fsns 1I11eaMuowwo3 o ANVdwm v:mI3WVGNVl v 3:JNVlInSNI 31.lI.L ~o DI10d S,1I3NMO ANVdWO:J 3:JNVlInSNI 31.l1~ ONY] H.l1V3MNOWWO:J AS a:mssI 1. DEFINITION OF TERMS. \..-VI"'1.'111\..1J"'':' 1\.1,",1.' ~JJ'--ULf\.I.VI"'~ 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 succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs. dislributees. devisees. survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (e) "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 matters 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 not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title. interest. estale or easement in abutting 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 deed. or other secunty Instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relatlng to real properly to purchasers for value and without knowledge. With respect to Section I(a) (iv) of the Exclusions From Coverage. "public records" shall also include environmental 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 mone~ mortgage given by a purchaser 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 poliq shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land. or (ii) an indebtedness 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 litigation as set forth in SectIon 4(a) below, (ill in case knowledge shall come to an insured 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 l)f this policy, or (iii) if title to the estate or interest. as insured. is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall 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 Section 6 of these Conditions and Stipulations. the Company. at its own cost and without unreasonable 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 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 ~ompany 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 necessary 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 therebv concede liability or waive any provision of this policy. If the Compan)' shall exercise its rights under this paragraph, it shall do so diligently. . .' (c) Whenever the Company shall have brought an aclion or interposed a defense as required or permitted by the provisions of this policy. the Company may pursue any litigation to final determination by a COlMt of . competent jurisdiction and ex.pressly reserves the right. in its sole discretion. to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding. Ihe insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, 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 Company's expense. shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence. obtaining witnesses. prosecutmg 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 obligations to the insured under the policy shall terminate. including any liability or obligation to defend. prosecute. or continue any litigation. with regard to the matter or matters requiring such cooperation. 5. 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 constitutes 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 damage. the Company's obligations to the insured under the policy shall terminate. including any. liability or obligation to defend. prose(.:ute. 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 examination under oath by any authorized representative of the Company and shali 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 Ihe loss or damage. Further. if requested by any authorized representative of the Company. the insured claimant shall grant its permission. in wriling. for any authorized representative of the Company to examine. inspect and copy all records. books. ledgers. checks. correspondence and memoranda in the custody or control of a third party. which reasonably 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 judgement of the Company. it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that c1alln, 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (alTo 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. v,'hich were authorized by the Company. up to the time of paymant or tender of payment and which the Company is obliga. ted 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 terminate. including any liabiliiy or obligation to defend. prosecute. or continue any litigation. and the policy shall be surrendered to 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. logether with any costs. attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to 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 provided 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 10 pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations 10 the insured under this policy for the claimed loss or damage. olher than the payments required to be made, shall terminate. including any liability or obligation 10 defend. prosecute or continue any litigation. 81190.1 Conditions and Stipulations Continued Inside Cover ,""........-rn......, .,...... - ~-I ! II r) '. . . 0 Commo~~~ SCHEDULE A Amount of Insurance: $512,275.00 Policy/File No.: 70983209 Date of Policy: 02/05/99 1. Name of Insured: TOWN OF SOUTHOLD 2. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is: Development Rights 3. Title to the estate or interest in the land is vested in: Deed made by FRANCES ZELINSKI, As Executrix of the Estate of sophie Kaloski, a/k/a Sofie Kaloski to the INSURED dated 02/05/99 and recorded 02/18/99 in Liber 11946 Page 75 In the Office of the Clerk of the County of Suffolk. 4. The land referred to in this policy is described on the annexed schedule. ~' /,/ 'f // - I /""----_ ~;~J:(/dce Countersigned: Authorized Officer or Agent ALTA Owner's Policy '. .. Policy/File No. 70983209 , SCHEDULE A PARCEL I ALL that certain plot, piece or parcel of land, situate, lying and being of Cutchogue, in the Town of Southold, County of SUFFOLK and State of New York: BEGINNING at a point on the southeasterly side of land now or formerly of Droscoski, Cassidy and Valienti; RUNNING THENCE along the westerly side of Alvah's Lane south 47 degrees 02 minutes 58 seconds East, 1824.66 feet; RUNNING THENCE south 08 degrees 37 minutes 27 seconds East, 204.21 feet; RUNNING THENCE south 44 degrees 45 minutes 21 seconds West, 217.35 feet; RUNNING THENCE north 43 degrees 27 minutes 14 seconds East, 410.61 feet; RUNNING THENCE south 46 degrees 37 minutes 21 seconds East, 91.24 feet; RUNNING THENCE south 43 degrees 22 minutes 39 seconds East, 226.65 feet to land now or formerly of Doris Tynlec and Michael Capuano; RUNNING THENCE along said lands south 44 degrees 45 minutes 21 seconds West, 82.73 feet; RUNNING THENCE along said lands and lands now or formerly Eugenia B. Kopustka south 40 degrees 54 minutes 10 seconds East 271.50 feet to lands now or formerly of Petrol Stations Limited; RUNNING THENCE along said lands south 47 degrees 48 minutes 31 seconds West, 360.84 feet to lands now or formerly of Gristina Vineyard's, LLC; RUNNING THENCE along said lands three (3) courses and distances: (1) North 45 degrees 23 minutes 17 seconds West, 888.23 feet; (2) North 44 degrees 41 minutes 37 seconds West, 836.26 feet; (3) North 47 degrees 00 minute 37 seconds West, 506.88 feet to lands now or formerly of Paulette Satur Mueller, Eberhard Mueller and the County of Suffolk; RUNNING THENCE along said lands now or formerly the following two (2) courses and distances: (1) North 43 degrees 25 minutes 20 seconds East, 329.27 feet; (2) North 42 degrees 24 minutes 08 seconds West, 452.86 feet to land now or formerly Droscos~IJ<;:assidy and Valient first above mentioned; RUNNING THENCE along lands nort;32 degrees 41 minutes 54 seconds East, 343.75 feet to the westerly side of Alvah's Lane at the point or place of BEGINNING. PARCEL II ALTA Owner's Policy Schedule A - Description ~" Policy/File No: 70983209 , ALL that certain plot, piece or parcel of land situate, lying, and being at Cutchogue in the Town of Southold, County of Suffolk and State of New York: BEGINNING at a point on the easterly side of Alvah's Lane distant northerly 1175 feet more or less as measured along same from the intersection of the easterly side of Alvah's Lane with the northerly side of Main Road; said point also being the northerly line of land now or formerly of Chester and Irene Sawastynowicz; RUNNING THENCE along the easterly side of Alvah's Lane the following two (2) courses and distances: (1) North 43 degrees 27 minutes 14 seconds West, 620.63 feet; (2) North 47 degrees 02 minutes 58 seconds 4.52 feet to land now or formerly Edward R. Grohoski; RUNNING THENCE north 43 degrees 05 minutes 13 seconds East, 150.00 feet; RUNNING THENCE north 47 degrees 02 minutes 58 seconds West, 100.00 feet to lands now or formerly of William J. Kerrigan; RUNNING THENCE along said lands north 43 degrees 05 minutes 13 seconds East, 277.60 feet; RUNNING THENCE north 47 degrees 11 minutes 27 seconds West, 236.26 feet to lands now or formerly of Franklin Blachy and Malcolm Blachy; RUNNING THENCE along said lands north 08 degrees 04 minutes 53 seconds East, 394.88 feet to lands shown on the Map of Highland Estates, Map No. 6537; RUNNING THENCE along said, lands south 48 degrees 27 minutes 00 second East, 439.27 feet to lands shown on the "Map of Crown land Lane", Map No. 6289; RUNNING THENCE along said lands south 47 degrees 26 minutes 10 seconds East, 1415.78 feet; RUNNING THENCE south 46 degrees 12 minutes 00 second West 348.55 feet to lands now or formerly Michael R. Crosser and Diane Sym Crosser; RUNNING THENCE along said lands and lands now or formerly of James R. Duffy and Linda A. Duffy north 43 degrees 18 minutes 10 seconds West, 274.24 feet; , RUNNING THENCE south 46 degrees 44 minutes 00 second West, 303.60 feet; RUNNING THENCE north 43 degrees 18 minutes 10 seconds West, 334.04 feet; RUNNING THENCE south 49 degrees 35 minutes 50 seconds West, 200.36 feet to the easterly side of Alvah's Lane at the point or place of BEGINNING. ALTA Owner's Policy Schedule A - Description Date Printed May 21, 1999 . \ .. Policy/File No. 70983209 SCHEDULE B Exceptions from Coverage 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: 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 John C. Ehlers, Land Surveyor dated 1/14/99 coverin9 premises and more shows vacant land; As to Parcel I: (a) Trails or roadways traverse the premises. As to Parcel 11: (a) Concrete pump house (b) Trails or roadways traverse the premises. 3. Subject to easement rights of others than the insured in, to and over the trails or roadways as shown on the survey used herein. 4. Unpaid water charges, to date, if any. 5. Subject to Second Half 1998/99 Town and School Taxes. ALTA Owner's Policy Schedule B . ~ .. LUNUIIIUi":-' AM) ~ IIPULAlllJN~ (Continued) .,. DETEAMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary Joss nr 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 shaH not exceed the least of: (i) the Amount of Insurance staled 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 encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at (he Dale of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increascs the \'alue of Ihe 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 thai the amount of insurance at Dale of Policy bears to the lotal value' of the insured 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 expenses 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 subsequent 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 cndorsement 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, 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 dama~e 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 LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. UABIUTY NONCUMULATIVE 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 mortgage 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 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 polil:Y has been lost Of destfoyed, in which l:ase proof of loss or destrul:tion shall be furnished to th(' 'iatisfa"ion of the Company. NM 1 PA 10 ALTA Owne(s Policy (10-17.92) Form 1190-3 Cover Paoe (b) When liability and the extent of loss or damage has been ddinitd) fixed in accordance with these Conditions and Stipulations. the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (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 insured claimant. The Company shall be subrogatcd 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 insun:d 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 insured claimant shall permit 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 transaction or litigation involving the~e 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 remedics in the proportion 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 impairment 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 terms or conditions contained 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 demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable mailers may include. but are not limited to. any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company 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 Company 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 permit 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 Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon fequest. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any. attached hereto by the Company 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 title 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 Vice 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 applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to COMMONWEALTH LAND TITLE INSURANCE COMPANY. 101 Gateway Centre Parkway, Gateway One, Richmond, Virginia 23235-5153. r\O''''''''''^' Valid Onlv If Face Pa~e. Schedule.. A "net HArt" AII"cn{"o ~ [;l;l U rIJ - c ~ ~ [;l;l ;.. '" 0 ~o '" U "0 M 0'" '" 0 ~ 0 N ~~~ "Eill IN rIJ '" ... c_O 0 _N 0 [;l;l 0 - 0 m0C\l N ",0 "'''' Z ~ "" - ,,~ X"N OQi:!O ... J!!~ ;.. > ~ 'c~ rIJ ,,0 "" U ~~8 ;.. W;:~~ 3~-.:t ,,~O < ~-"'''' ..... -~N ~~O 1-4 (f.l 0...... -< III 00 ~ c~O 0 ::0::: "0- ~ 1~~~ ~g~O U .>r! 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[;l;l U - "" "" '" o 00 00 r_' Q).......- ~ :::J~O E-t ~ om -< >>-~ ... <( ;0- .,.." 'E Q) ~ ...,~:c: z C'\l ::0::: I- ",':: ~:go~ 0"'>- 0 ;0" ;;... ~D- ~ [;l;l Z .. .. " :!. ,~ ELIZABETH A. NEVILLE TOWN CLERK <'::1.,.<.,. ......;:,.? J~~.~c;,UfFOL..t ;~" i~ ~, ~ '" -,0 . , ~cn ~>'; '. ......, "..~ "..," "...... ""': '~" "'m ~~ (, ,,":'10,, + "+-'S,, _'<_,. .{1'li-' "~.>)-zr..n:f.XP 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 AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON FEBRUARY 2. 1999: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah's Lane, Cutchogue. New York; WHEREAS. the Town Board held at public hearing with respect to said acquisition on the 19th day of January 1999, 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 as set forth in the proposed acquisition between the Town of Southold and the Estate of Sophie Kaloski, at a purchase price of $9,075.00 per acre; now, therefore, be it RESOLVED that the Town Board elects to purchase the development rights in the aforesaid agricultural lands owned by the Estate of Sophie Kaloski comprising approximately 2 + acres which are part of the parcel of land known as SCTM #1000-109-1-24..1 located on the west side of Alvah's Lane. Cutchogue, New York; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to the Estate of Sophie Kaloski; and FURTHER RESOLVED that the Supervisor be and she hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. ~09/{/~~' Elizabeth A. Neville Southold Town Clerk February 2. 1999 .. PUBLIC HEARING SOUTHOLD TOWN BOARD JANUARY 19, 1999 5:05 P.M. ON THE QUESTION OF ACQUISITION BY THE TOWN OF SOUTHOLD OF APPROXIMATELY TWO (2) ACRES OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF THE ESTATE OF SOPHIE KALOSKI. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy * * * Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: We will move on to the hearing two acres of development rights on the agricultural Kaloski. Brian is going to read the notice. in relation to the lands of Sophie COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of the Agricultural lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code. the Town Board of the Town of Southold will hold a public hearing on the 19th day of January, 1999. at 5:05 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York. on the question of the acquisition by the Town of Southold of approximately two (2) acres of development rights in the agricultural lands of the Estate of Sophie Kaloski. at the price of $9.075.00 per acre. which acres are part of the parcel of land known as SCTM# 1000-109-1-24.1 located on the west dies of Alvah's Lane. Cutchogue, New York. Further notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office. Southold Town Hall. 53095 Main Road. Southold, New York. and may be examined by any interested persons during normal business hours. Dated: December 22. 1998. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." We have an affidavit that it was published in the Traveler-Watchman, and another affidavit that it was posted on the Town Clerk's Bulleting Board in the Town Hall. A Short Environmental Assessment has been prepared. and approved by the Southold Town Board. It has no Environmental Impact. .. pg 2 - PH SUPERVISOR COCHRAN: You have heard the reading of the Local Law in relation to the acquisition, and Brian did give an explanation earlier as to how. because our Code says you can't buy under ten acres, but this is a different circumstance. This isn't a separate sale. It is all a part of the property that we are looking to obtain from the Kaloski family. Is there anyone who would like to address the Town Board in relation the purchase of the development rights? J 1M MULHALL: I am Jim Mulhall. family. and I have just one question. from? We have no map. I am spokesperson for the Kaloski Where are the two acres being taken SUPERVISOR COCHRAN: Brian, can you help us on that? COUNCILMAN MURPHY: The original fifty-five acres, when the survey came in and it was finally fifty-seven acres. after they had cut out where the barns. and the house is. So, this is just making up that additional two acres for the town to purchase the development rights. TOWN ATTORNEY YAKABOSKI: I have additional information that I didn't share with Councilman Murphy today. The surveyors are going to be contacting Mr. Caminiti, your attorney. and he will then put the surveyors in touch with yourself as to where that would be. It is obviously up to the Kaloski family on how that final development right boundary is drawn. JIM MULHALL: No one has contacted anyone. TOWN ATTORNEY YAKABOSKI: I expect that Mr. Caminiti would be contacting you soon. I spoke to the surveyors today, and how that final boundary should be drawn. I said you need to get in touch with Mr. Caminiti so he can speak with the family. It is completely up to the family on how it is drawn. SUPERVISOR COCHRAN: Jim, we are going all clarified with the family and so forth. sale at all, will it? to hold this, so we can get it I don't think it will delay the TOWN ATTORNEY YAKABOSKI: If the survey is ready this week. That is the only thing that is holding up the sale. I expect him to be in the office tomorrow, or the next day. COUNCILMAN HUSSIE: Maybe the resolution should caveat in there that it is subject to a survey, and then it wouldn't hold anything up. JIM MULHALL: So then the survey has not been concluded? TOWN ATTORNEY YAKABOSKI: Correct. JIM MULHALL: Then the closing now will not be at the end of this week. .. pg 3 - PH TOWN ATTORNEY YAKABOSKI: If the survey is completed within tomorrow or the next day, obviously after have spoken to the family on the final lines. that was the only thing stopping the closing. Once that is done the paper work is already to go. SUPERVISOR COCHRAN: I am not comfortable with you not knowing. JIM MULHALL: That's right. The whole family feels like they are a little bit in the dark. because no one notified us where the two acres are being taken from. east side. west side, near the house, by the woods. because certain parts of that property are kind of special to those people, especially parts around the house. TOWN ATTORNEY YAKABOSKI: perhaps we should hold it. SUPERVISOR COCHRAN: I would like to hold it, Jim. so we all get on the same wave length, because this sale is important to us. as it is to you and the family. The request of the additional two acres. JIM MULHALL: I have gotten two or three phone calls, and they said, the surveyors are here, what are they doing? It makes them a little bit nervous, and there are special parts to that property. SUPERVISOR COCHRAN: anything to upset anyone. am sure. We certainly don't want to do J 1M MULHALL: I am the spokesperson for the family, so I would be a good contact person. TOWN ATTORNEY YAKABOSKI: You see. Mr. Mulhall, rules of law that I am under I can't contact you directly, but come in contact with you through counsel. JUSTICE EVANS: I think what they are saying is that after the house was divided off.. the first time we bought fifty five acres. when the house was divided off it turned out that there is actually fifty-seven acres left. and that is why there is this discrepancy here, because the town is actually getting a fifty-seven acre piece. JIM MULHALL: We don't begrudge the Town the two acres. We just want to know where it is. JUSTICE EVANS: The first survey showed fifty-seven. SUPERVISOR COCHRAN: Rather than try, and debate this, and come up with answers. Jim, I would like to hold it. I won't close the hearing. I will just recess the hearing, so we can pop it on real fast next time, and move this, because we are anxious as you are to finish this transaction. TOWN ATTORNEY YAKABOSKI: I will follow up with a phone call to Mr. Caminiti tomorrow. \. pg 4 - PH SUPERVISOR COCHRAN: Thanks, Jim. Anyone else like to address the Town Board in relation to this purchase? (No response.) If not, we will recess the hearing until our next Board meeting. May I have a second? Moved by Supervisor Cochran, seconded by Councilwoman Hussie, it was RESOLVED that a recess on the public hearing be called until the next Town Board meeting. Vote of the Town Romanelli, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Board: Moore, Ayes: Councilman Justice Evans, Murphy, Councilman Councilwoman Hussie. * * * ~044 Elizabeth A. Neville Southold Town Clerk EUZABETH A. NEVILLE TOWN CLERK .. s::;.~c:,~ffOL.-t t'Oc::i: ~ ~ :::> '" o - en :2: '. ~ ""/.' '..0. ~._ . +- ~"'- ~(J" + i-~, , ':>.'/;:D~.~I[[I1.' 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 AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON JANUARY 19. 1999: WHEREAS, the Town of Southold is considering purchasing the development rights on approximately two acres of agricultural lands of the estate of Sophie Kaloski which acres are part of the parcel of land known as SCTM#1000-109-1-24.110cated on the west side of Alvah's Lane; BE IT RESOLVED, by the Town Board of the Town of Southold that this is an unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617, et seq. and Town Code Chapter 44; BE IT FURTHER RESOLVED, by the Town Board of the Town of Southold that the Town Board hereby declares itself Lead Agency for this proposed project. . ~A:'" /.#jO l1.u/~~ ~~~ Ne~ Southold Town Clerk January 19. 1999 EUZABETH A. NEVILLE TOWN CLERK ,;,.;;,-;-0 ~,' "~>;;:>-.c..<.'- ::" ",\\ffDl.t '"co, .;~.~' t'~.;, ~'V v~ .:::> '" .;0 . . ':, en .;;e ;~ '~+h · ~~.... "IOJ + f" . >;_,-:,r.r:.I' 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 AT A REGULAR MEETING OF THE SOUTHOlD TOWN BOARD HELD ON JANUARY 19. 1999: WHEREAS, the Town of Southold is considering purchasing the development rights on approximately two acres of agricultural lands of the estate of Sophie Kaloski which acres are part of the parcel of land known as SCTM#1000-109-1-24.110cated on the west side of Alvah's Lane; and WHEREAS, the Town of Southold has completed a Short Environmental Assessment Form of the above-referenced project; and WHEREAS, the SEAF showed no potential adverse environmental impacts; BElT RESOLVED, by the Town Board of the Town of Southold that a Negative Declaration is hereby issued with respect to the above-referenced project pursuant to the provisions of State Environmental Quality Review Act 6NYCRR 617, et seq. ~:'P;ff10().tV~ ~~"'~eville Southold Town Clerk January 19. 1999 COUNTY OF SUFFOLk STATE OF NEW YORK ss: LEGALNOTICE NOTICE OF PUBUCHEARING NQTICEISHEREBYGIVEN , that pursuant to the provisions of the Agricultural Lands Pres- ervation Law of the Tilwn of Southold, constitutiiig"Chapter 25 of the SouthoJdTown Code, the Town Board of the Town of Southold will hold apubUc bear- ing on the 19th day of January, 1999, at 5:05 P.M;, at the Southold Town Hall, 53095Main Road, Southold, New York, on the question of,the acquisition by the Town of South old ofap- proximately two (2) acres of de- velofment rights in th,e agricul~ tura 'lands of .the ,Estate of Sophie Kaloski; at the, price of $9,075.00 eer acre, ",mch acres are ,iiai! 'of the pai"pel ofland kn'ownas SCTM# 1000cI09-1- 24.1 located on the west side of Alvah's Lane, Cutchogue, New Yak",';'" '-, ';' , ' -FlJR'1::IIER NOT(q;; IS HE~YUIVENthat'tbe file , CQJ!~WlIg. a l\!!o,re~d~ui!le?de- sonptlon bftlieliforemehltbned parcel is available in the Southold Town Clerk's Office, SoIitliold ToWnHall;,53095 MaiD Road, Southold, New York, and may b~ exanlhled by any inter- 'b:~~~,~.~f~njl-cJ)~F,- a, I Dated:~1;;198.r' .', "~"'__"'"''''?''' sOurtIOW-i\.~ >';:'/' ",./').~.' , ..I >0-/-;_" c." .... Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRA V- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / ........................................................................ weeks success~.vely, co encing on the ...7............. day of ..... ...~......... .: ............. ,19..2J ~~......................................... Sworn to before e this......7................day of ...~~............ ,19...9..1 .......................4.../d:..~.:."'"f!L...... Notary Public BARBARA A. SCHNEIDER NOTARY PUBUC, State of New YOlk No. 4806846 Qualified in Suffolk ~ ,I Commission Expil1l$ '/3', t:lo. " ~ ~4-,~ ':9/9~)-7~XI ~2 ;)Q;CJE-:7 LD. .'lUMBE.=! a~ 7.20 Appendix C State E.1vironmentaJ Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ?AiIT i-?ROJECT INFORMATION (To be completed by Aoplicant or P,ojec: sponsor) i 1. ,,:,?PWCANT l$PQNSOA. I 2. ?ROJECi ."lAME 'To~~ of Southo14 Land Pres. Comm Development Rts-Kaloski F8rm SEQR 3. .=RQ..lECT Lc~nON: .I,tunic'oaJlty Southold County Suffolk ~. ?REC:SE l.OCATION (Street address and road ItUersec:.lons. ;::lrcmJnent landmaJ1C:S. ~tc.. :'Ir ,rovide macl West side of Alvahs L~ne. approx. 2000 feet n()rth of M'in Rd.. SCTMt 1000-109 -01-024.1 Cutchoug4 I , s. rs ?ROPOSCD ACTlON: Q New Kl ExDaMlCn o MCC2lfic.atlon/afteratlon S. oeSCRIBe ?ROJECi 3FUE.=t.'t: Add approx.2 additional acres of the.subject parcel Resolution to purchase Develonment R1ghts Sasement. to a June 23. 199~-~' I I 7. AMOUNT OF LAND AFF:"" ISJ: 2 :nillaily approx. ').8 a=s Ulilma'e/y approx. " .o:e. 3. 'HILL ?ROPCSCD AC710N COMPLY WITH ::asnNG ZONING OR ar....U:::\ ::osTING LAND USE ::!.Q~IC";"1CNS7 I..j{ Yes 0 No rf ,'ole. ::escnbe bristly 9. WHAT rs PRESENT lAND USE IN 't1C:HfTY OF ?ROJEC':'7 i'"X Mesidential I I Inau:trta1 LJ c.unmarctaJ Oesc'lbe:A mix of residential 2.nd ?E: AqriC".:ftul'8 L...i ?3mF':lrestJOpen soace agricultural uses. 00"'... iO. aCES AC7rCN INVOLVE A ?lS.::;MlT API'ROVAL. OR F....JNOING. :otcw OR UL71MATE.'f .=ROM ANY OlHE.::; GCve.=mME.J.f'iAL AGE.J.fCY .:r=::E.=iAL. STAn:: OR LCCAU7 @ Yes 0 Ne If yes.. list .1QenCY(3) and penntU~PrcvaLs ~ Approval of Town of Southold Town Board ~,. ooes ANY ASPecr OF n-te AC':'ION HAVE A CJRRerrt.V VAL.:D PERMIT OR AP~ROVAL.1 :tJ Y.. 0 No If yes, list aoency name _ permlU"ll"""" Approval of Southold Town B08rd to negotiate purchase of development Rights Easement. 12. AS A FlESUL7 OF ?ROPCSED AC';10N WILL SXISi1NG ?5:'~mAPPROVAL REaUIRE MOOIFc.:.nCN? nYes ~NO I csmFY 'THAT i"HE !HFORMAnON PROVlOED ABove IS 'i"nUE 70 7HE 301 OF MY KNCWLSJGE yan, Chairman 01/14/99 AOCIIC3n1Jsccruscf Oale: Si~muure: - If the action is in the Coastal Area, and you are a state a\;ency, complete the Coastal Assessment Farm before proceeding with this assessment OVER .. ~ - LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold. constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 19th day of January, 1999. at 5:05 P.M.. at the Southold Town Hall. 53095 Main Road, Southold. New York. on the question of the acquisition by the Town of Southold of approximately two (2) acres of development rights in the agricultural lands of the Estate of Sophie Kaloski, at the price of $9,075.00 per acre, which acres are part of the parcel of land known as SCTM# 1000-109-1-2ij.l located on the west side of Alvah's Lane, Cutchogue, New York. , ,. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: December 22, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ONCE ON JANUARY 7, 1999. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK. TOWN HALL, PO BOX 1179. SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Estate of Sophie Kaloski Land Preservation Committee \"---'" I" _ , STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold. New York being duly sworn, says that on the 4th day of January 1999 she affixed a notice of whic:h the annexed printed notic:e is a true c:opy, in a proper and substantial manner, in a most public: plac:e in the Town of Southold. Suffolk County, New York. to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC BEARINGON THE QUESTION OF THE ACQUISITION OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF THE ESTATE OF SOPHIE KALOSKI a~/4 04k~~/L Elizabeth A. eville Southold Town Clerk Sworn to before me this Uh-day of Januarv , 199'J1j. ~ ' ~. (I/~ Notary Public: JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk County Term Expires June 12, 19~ EUZABETH A. NEVILLE TOWN CLERK .. c:,\lHDLk ~.~' t'1:::. ~'V V~.'.".' ::::> -'" o . ~ en ;e .; r>y . ~.., . '-~ ,:' -"" ~" ., ,~O./ + i-~i): '. >:-"';-7;:;[-,-.rfl:1~- 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 FOI,.LOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 22, 1998: WHEREAS, THE Town Board of the Town of Southold resolved to purchase the development rights of 55 acres of agricultural lands owned by the Estate of Sophie Kaloski. located on the west side of Alvah's Lane, Cutchogue. New York. WHEREAS. the Estate of Sophie Kaloski has expressed its desire to sell the development rights for two (2) additional acres of the parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of Alvah's Lane, Cutchogue. New York; BE IT RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday, January 19, 1999. Southold Town Hall. 53095 Main Road. Southold. New York, as the time and place for a public hearing on the question of the acquisition of approximately two (2) acres of development rights in the agricultural lands of the Estate of Sophie Kaloski, at the price of $9,075.00 per acre, which acres are part of the parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of Alvah's Lane, Cutchogue. New York. - C'f!'MJ(} ~ Eli abeth A. Neville Southold Town Clerk December 22. 1998 ELIZABETH A. NEVILLE TOWN CLERK ,cC~ jY5::l".~~t'~"",. .~ ~ => :;2 Q - "" :2: ~. ~ ~" ....t:::,~ </./ + 't-'O Town Hal!, 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 THEIR REGULAR MEETING HELD ON JUNE 23. 1998: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights In the agricultural lands of the Estate of Sophie Kaloskl, west side of Alvah's New York; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 23rd day of June 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 of set forth In the proposed acquisition between the Town and the Estate of Sophie Kaloskl; now therefore. be It RESOLVED that the Town Board elects to purchase the development rights In the aforesaid agricultural lands owned by the Estate of Sophie Kaloskl comprising 55:!:acres, at a sale price of $9,075.00 per acre; said property located at west side of Alvah's Lane, Peconlc, New York. SCTM No. 1000-102-0~-006.1 and 109-01-022~.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 the Estate of Sophie Kaloskl; 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. ~QJdJ tl. r;e,(etl Elizabeth A. Neville Southold Town Clerk June 2", 1998 /' . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LAND PRESERVATION COMMITTEE TOWN OF SOUTHOLD TO: Greg 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 16th @ 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 Fitzgerald 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 provisions of the Chapter 6. Cc: LPC members ,""'. B. Murphy, Councilman ~. ft-L/ 6/25/98 Sup. Jean Cochran Southold Town Baoard Southold, New York Dear Jean: Just a note to thank you and the Board Members for approving the purchase of the developmental rights of the kaloski farm. As previously noted, this family is really farm oriented, having farmed those acres for a good part of this century. I know that they are most happy that we will not see sub-divisions and condominiums along their beloved Alvah's Lane. I, myself, am happy that another prime piece of property is not going the way of Western Suffolk, and we will still be able to enjoy areas of the North Fork as we have in the past. On behalf of all the members of the Kaloski Family, I extend my sincere thanks and appreciation. 1 cerfY}~..W; M~pe. rn~JM~:~~rn SUPERVISORS OFFICE T WN OF SOUTH OLD . . PUBLIC HEARING SOUTH OLD TOWN BOARD JUNE 23, 1998 8:05 P.M. ON THE QUESTION OF THE ACQUISITION BY THE TOWN OF SOUTH OLD OF THE DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF THE ESTATE OF SOPHIE KALOSKI. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy * * * Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski * * * Justice Louisa P. Evans Absent: SUPERVISOR COCHRAN: The next public hearing is on acquisition of farmland development rights. Councilman Murphy will read that one. COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 23rd day of June, 1998 at 8:05 P.M.. at the Southold Town Hall. 53095 Main Road, Southold. New York, on the question of the acquisition by the Town of Southold of the development rights in the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah's Lane. Cutchogue. New York, SCTM No. 1000-102-0~-006.1 and 109-01-02~.1. comprising 55 acres, $9.075.00 per acres ($500,000.) Further Notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office. Southold Town Hall, 53095 Main Road. Southold, New York. and may be examined by any interested persons during normal business hours. Dated: June 15. 1998. Elizabeth A. Neville, Southold Town Clerk." I have an affidavit that it was published in the Mattituck Traveler-Watchman, and I also have a affidavit that it was posted on the Town Clerk's Bulletin Board in Southold Town Hall. , pg 2 - PH SUPERVISOR COCHRAN: Thank you, Brian. Before I ask for comments from the audience, if there is anyone that would like to address the Board. I would like to introduce and call on Chairman of the Land Preservation Committee, Dick Ryan, and Dick. if you would share with us, where it is located, and anything else you feel is important. RICHARD RYAN: I am your Chairman of the Town Land Preservation Committee, and before I go on with my presentation I want to note some of the information for the Board, and I take pleasure in saying so, that the back of the meeting room tonight is packed with members of the Sophie Kaloski family. SUPERVISOR COCHRAN: you for joining us. thought that is perhaps who they were. Thank RICHARD RYAN: I have a map here. which outlines in red the subject parcels under consideration located in the hamlet of Cutchogue. Members of the Paul and Sophie Koroleski family has continuously farmed the property known as Cutchogue Farms for the past seventy years. At present a son, Paul Kalosk operates the farm with other family members residing at the farmstead and nearby on Alvah's Lane. The farm consists of 60.7 acres in two parcels both fronting on Alvah's Lane. The parcel on the East side of Alvah's Lane, which would pe the parcel to the right on the map is over 620 feet of frontage. and comprises 22.7 acres of actively cultivated land. The parcel on the left side of Alvah's Lane has over 2,3050 feet of frontage on Alvah's Lane. and comprises 38 acres of land of which about 33 acres are in cultivation. The entire easterly parcel is offered for p'urchase of development right easement. Approximately 33 acres of the westerly parcel is likewise offered, subject to final survey. The remainder of this parcel contains the existing farmstead and outbuildings, and is intended to be reserved from this easement. The purchase price is $9,075 per acre. totaling approximately $500,000, subject to the results of the final survey setting out the reserved area. The market value of the proposed purchase reflects, in part. the development potential and extensive road frontage of the subject property. The value was determined by a March, 1998 appraisal prepared by Andrew Stype. SRA. of Mattituck. The zoning for the two parcels is Agriculture-Conservation. which permits residential development on 80,000 square foot lots. The soils are in the Haven Loam classification. one of the most productive soil classes on Long Island. Both parcels of this farm are currently enrolled in Suffolk County Agricultural District #1, which provides real property tax abatements to qualified farmlands. The two parcels are currently planted in potatoes. and other field crops. The easterly parcel is adjacent to the residential neighbors known as Crown Land Lane and Highland Estates on the east. To the north. the parcel adjoins lands that are presently under review by the Land Preservation Committee for development rights easement consideration. Further to the north are lands of the Hargrave Vineyard. now protected by a Suffolk County development rights easement. The westerly parcel is adjacent to lands of the Cristina Vineyard on the west. To the north of that parcel .is property of Satur Farms. now protected by Suffolk County development rights easement. Because of the factors of agricultural use. incidentally the other green parcel way down to the bottom is another Town owned developments rights piece on the north ,pg 3 - PH side of the Main Road, the opposite green parcel you see is the Downs Farm Preserve. Basically, although it doesn't show on the map at all, to the bottom of the red parcel across the Main Road is the North Fork Country Club. Because of the factors of agricultural use, size and proximity to other preserved farmland and open space vistas, on both sides of Alvah's Lane, this farm is of the highest ranking for agricultural lands preservation. The Land Preservation Committee is unanimous in enthusiastically recommending the purchase of the development rights to the lands here described. The purchase will most certainly preserve valuable agriculture lands and enhance the rural character of this area of Cutchogue and the Town of Southold. I urge the Town Board to accept the offer of development rights to approximately 55 acres of this property, subject to final survey, owned by the Estate of Sophie Kaloski. pursuant to the provisions of Chapter 25 of the Town Code, entitled. "Agricultural Lands Preservation". Thank you. SUPERVISOR COCHRAN: Thank you, Dick. like to address the Town Board? Is there anyone who would JIM MULHALL: My name is Jim Mulhall, and I am married to one of the Kaloski daughters. and they asked me to be spokesman for them. I would just like to reiterate what Dick has said that that parcel of land has been in the family for over seventy years. and it has been constantly farmed year after year. I guess every member here has worked at one time or another on the farm. They all lived on the farm. and it is like an enclave up there when you go there, because there are daughters on one side. a son on the other side. and if you want to see anybody up there you just go to the farm, eventually they will find you. and they are very hard working people. and the farm and the family is hard to separate when you think of them. When you think of the farm you think of the family. and I guess the bottom line is we would like to ask the Board to approve the acceptance of the developmental rights. and see that piece of beautiful prime land up there kept in agricultural preservation. Thank you. SUPERVISOR COCHRAN: Thank you, Jim. Anyone else like to address the Town Board? (No response.) I would like to say sitting there I am sure you are having many. many fond memories through the years of your relationship with the farm. and we appreciate your coming into the program. When you look at the map and see the adjacent properties what we are trying to do is, you know. do blocks of preservation rather than one here. and one here. All the green. and you will become green after this. I believe. won't they. Dick? DICK RYAN: I hope so. pg ~ - PH SUPERVISOR COCHRAN: You will become green in color. and there is a method to our madness. We are trying to do it in an orderly way that will preserve this farming heritage you have. So. we thank you for coming into the program. Anyone like to say anything to the Town Board in relation to the purchase of these development rights. (No response.) If not, I will close the hearing. * * * e9rJdl f2 r;u,('I' Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVll..LE TOWN CLERK 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 THEIR REGULAR MEETING HELD ON JUNE 23, 1998: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights In the agricultural lands of the Estate of Sophie Kaloskl. west side of Alvah's New York; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 23rd day of June 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 of set forth In the proposed acquisition between the Town and the Estate of Sophie Kaloskl; now therefore, be It RESOLVED that the Town Board elects to purchase the development rights In the aforesaid agricultural lands owned by the Estate of Sophie Kaloskl comprising 55 acres, at a sale price of $9,075.00 per acre; said property located at west side of Alvah's Lane. Peconlc, New York, SCTM No. 1000-102-01l-006.1 and 109-01-0221l.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 the Estate of Sophie Kaloskl; 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. ~t2 'ZleiU~ ;jjfza~;~' A. Neville Southold Town Clerk June 21l, 1998 EUZABETH A. NEVll..LE TOWN CLERK Town Hal!, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 " REGISTRAR OF VlTAL 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 THEIR REGULAR MEETING HELD ON JUNE 23. 1998: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Stanley J. Isaksen, Jr., PLS to prepare a survey to separate the active farmlands from the non-farm area to determine the exact area for a development rights easement of the Estate of Sophie Kaloski SCTM # 1000-102-0~-006.1 and 109-01-02~.1, at a cost not to exceed $900.00. ~fl.~ efrza~~' A. Neville Southold Town Clerk June 2~. 1998 . . , ELIZABETH A. NEVILLE TOWN CLERK Town Hal!, 53095 Main Road P.O. Box 1179 South old, 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 June 2~. 1998 Estate of Sophie Kaloski c/o Dorothy Kaloski Mulhall P.O. Box 951 Southold. New York 11971 Dear Mrs. Mulhall: As you are aware, the Southold Town Board adopted a resolution at their regular meeting last night affirming their desire to purchase the development rights on your family's property. Please consider this letter an official notice of their intention to purchase the development rights. They also approved a resolution to engage the services of Stanley J. Isaksen, Jr. to prepare a survey to separate the active farmlands from the non-farm area. Copies of both resolutions are enclosed. Please contact the Town Attorney to discuss the steps required to bring this to a conclusion. Very truly yours, . 0~~~ql,1l~4~ .VI e Clerk C;; SENDER: Ji! -qompIeIe Items 1 ancUor 2 for additional eervlcea · "Com"lolo_ 3.... and <10. . ; -= er:am- and address on the reverse of this fonn 80 that we can return this .. :.:: ~ 0:: Ii! nJ W .fti .. Jl..J ==.,jl l'- U -g:g'lil ~~ I" U .-'l I- .. .. Ii; E JlC.1l~8~ ru ..J ~.... Q) 5 f\J 0 ~ag; a. ::c j!l"ijj ill! !'l I-.fUcgS ='(f)CPoo'e O::>a::zc<lS Vl I also wish to receive !he following services (for an Axtr'A fee): : Addressee's Address Restrlcted Oeliveoy t postmaster for fee. Ii J a J E i ~ Cer1lfled a:: '" o Insured .5 . erohandise 0 COO " ~ '';'") .~ ~ ~ requested " ~ .. Ii ~ ~tir. Rat! 1m ~.o"'all"\t ,. ELIZABETH A. NEVll..LE TOWN CLERK Town Hal!, 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 June 2~, 1998 Stanley J. Isaksen. Jr. P.O. Box 29~ . New Suffolk, New York 11956 Dear Mr. Isaksen: Please be advised that the Southold Town Board adopted a resolution at their regular meeting held last night to engage your services to prepare a survey for the development rights on the Estate of Sophie Kaloski. A copy of this resolution is enclosed. I am also enclosing a town voucher form for you to complete. sign and return in order to receive payment after your work is completed. If I may be of any further help, please do not hesitate to call my office. Very truly yours, ...n~ . 0.1'1.' {: .~(A.y.#,t:/~ Elizabeth A. Neville Southold Town Clerk Enclosure ELIZABETH A. NEVILLE TOWN CLERK 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 THEIR REGULAR MEETING HELD ON JUNE 23, 1998: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Stanley J. Isaksen, Jr. , PLS to prepare a survey to separate the active farmlands from the non-farm area to determine the exact area for a development rights easement of the Estate of Sophie Kaloski SCTM # 1000-102-0~-006.1 and 109-01-02~.1, at a cost not to exceed $900.00. ~tlkrJa~ Elizabeth A. Neville Southold Town Clerk June 2~, 1998 ~. ~ Check "' Town of Southold BILL OF Vendor No. ....... . Invoice No. Invoice Date Amount Claimed $ Purchase Order No. For Services and Disbursements as ........... . .......... . Fund and Account ......... . Entered by Allowed, $ Audited . . . . . . . . . . , 19 .... ...................... . Town Clerk \ \, \. ':~~llfFlJl,t'< 6.;> ss.('~.\;c. li ~, (! "" :2: # \~ ~" '~, ~ . ~j.\' '\~Qj + ~~~,,1' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LAND PRESERVATION COMMITTEE TOWN OF SOUTHOLD May 27, 1998 Estate of Sophie Kaloski c/o Dorothy Kaloski Mulhall P.O. Box 951 Southold, NY 11971 Re: Town of Southold Development Rights Purchase SCTM 111000-102-04-006.1 and 109-01-024.1 Dear Mrs. Mulhall: I n accordance with the provIsions of Chapter 25 of the Town Code and a May 18, 1998 decision by the Land Preservation Committee, I am pleased to extend an offer to purchase the development rights to your property above-noted, for which you had made application to sell to the Town of Southold. You are hereby offered the sum of $508,200.00 in full payment of the development rights to approximately 56 acres (subject to survey) of the above noted property. The sum reflects the conclusions of an inde- pendent professional appraisal certified to the Town of Southold and reviewed by this committee. The offer is based on the following schedule: Before Value Acres Per Acre After Value Per Acre DR Value Per Acre DR Value Total Ag Land 56 Retained 4.7 $16,075, $7000, $9075. $508,200. I n the event that a final survey shows a greater or lesser number of eligible acres in agricultural production or a different retained area, the total development rights value will be adjusted on the basis of the schedule set forth above. L_______ ., Estate of Sophie Kaloski (C' ~hogue Farm) - Development Rights !Jrchase. SCTM#1000-102-04-006.1 an<l 109-01-024.1 My name is Dick Ryan. I am your Chairman of the Town of Southold Land Preservation Committee. I have a map here, which outlines in red, the subject parcels under consideration, located in the Hamlet of Cutchogue. Members of the Paul and Sophie Kaloski family have continuously farmed the property, known as Cutchouge Farm, for the past 70 years. At present, a son, Paul Kaloski operates the farm, with other family members residing at the farmstead and nearby on Alvah's Lane. The farm consists of 60. 7 acres in two parcels, both fronting on Alvah's Lane. The parcel on the east side of Alvah's Lane, has over 1850 feet of frontage and comprises 22.7 acres of actively cultivated land. The parcel on the west side of Alvah's Lane, has over 2350 feet of frontage and comprises 38 acres ofland, of which about 33 acres are in cultivation. The entire easterly parcel is offered for purchase of a development rights easement. Approximately 33 acres of the westerly parcel is likewise offered (subject to final survey). The remainder of this parcel contains the existing farmstead and outbuildings, and is intended to be reserved from this easement. The purchase price is $9075. /acre, totaling approximately $500,000 (subject to the results of the final survey setting out the reserved area). The market value of the proposed purchase reflects, in part, the development potential and extensive road frontage of the subject property. The value was determined by a March, 1998 appraisal prepared by Andrew Stype, SRA of Matti tuck. The zoning for the two parcels is Agriculture-Conservation, which permits residential development on 80,000SF lots. The soils are in the Haven Loam classification, one of the most productive soil classes. Both parcels of this farm are currently enrolled in Suffolk County Agricultural District # 1, which provides real property tax abatements to qualified farmlands. The two parcels are currently planted in potatoes. The easterly parcel is adjacent to the residential neighborhoods known as "Crown Land Lane" and "Highland Estates" on the east. To the north, the parcel adjoins lands that are presently under review by the Land Preservation Committee for development rights easement consideration. Further to the north, are the lands of the Hargrave Vineyard, now protected by a Suffolk County development rights easement. The westerly parcel is adjacent to lands of the Gristina Vineyard on the west. To the north, the parcel adjoins the lands of Satur Farms, now protected by a Suffolk County development rights easement. Because of the factors of agricultural use, size and proximity to other preserved farmland and open space vistas, on both sides of Alvah's Lane, this farm is of the highest ranking for agricultural lands preservation. The Land Preservation Committee is unanimous in enthusiastically recommending the purchase of the development rights to the lands here described. The purchase will most-certainly preserve valuable agricultural lands and enhance the rural character of this area of Cutchogue and the Town of Southold. I urge the Town Board to accept the offer of development rights to approximately 55 acres of this property (subject to final survey) owned by the Estate of Sophie Kaloski, pursuant to the provisions of Chapter 25 of the Town Code, entitled "Agricultural Lands Preservation". Thank you. June 23, 1998 rcr LEGAL NOTICE NOTICE OF PUBLIC , 'HEARING NOTICE'. IS HEREBY qIYIiN thatpursuant to the pro- VISIOp$ ()ffti~J!.gri~ultural Lands Preservation. Law of the Town OfSli,i1ih'Q1~:ci>iistiiuling Chap- ter25 of. the Southold Town COd~;' the' Town Board of the Town.orSouthoLdwill hold a pub\i{~eirjn~()1! the, 23rd day of June 1998; at.8:05 P.M., at the SouthoId ToWn Hilll, 53095 Main Road, Southold, New York, on the question of the ac- quisitj.on by, the Town of Southold of the development rights in !he agricultural lands of the Estate of Sophie Kaloski, west side of Alvah's Lane, Cutchogue. New York, SCTM No. 1000"102-04-006.1 and 109-01;:024.1 ; comprising 55 acres;'$9,075.00 per acre ($500,000.)' . ." " FURTHER 'NOTICE IS HEREBVGIVpN that the file containfu/l a inore' detailed de- scription of the aforementioned parcel:'jsavaiilible' in the SoutholdToWn(!lerk's Office, SouthdId TowiiHall, 53095 Main 'Road; Sotithold, New Yorls-and II18Y be examined by any 1Dtere~ted persons during normalbilsmess hours: Dated:1uiie''iS,'I998 ELiZABETH 'A. NEVILLE, SOUfHOLDTOWN CLERK .c. "" "'IX~6fI8f98(195) " COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRA V- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for . / ........................................................................ weeks . I . th I~ successive y, c4:n~lng on e .................... day ;f?.:........(f7...~............, 19..9..f ~~~X~F.................... S~".::.:".~,fo,:~~:::y;~ ..............~...f!5..d..~~...... Notary Public BARBARA A. SCHNEIDER NOTARY PUBUC, State of New York No. 4806846 Qualified in Sulfolk ~'1! ./0, CommissiOn Expirn J'/3 'I" ~ .~ -4' ~~.16-4 ,.9J9~)_7~XI ~2 i ?ClOJEC. UJ. .'lUMBER I 5~ 7.20 Appendix C Slate E:1Vironmental Quality Review SEGR SHORT ENVIRONMENTAL ASSESSMENT FORM For UNL1STED ACTIONS Only PART i-PROJECT INFORMATION (To be completed by Applicant or Project sponsoi) 1. A?PU~NT lS?ONSOR I 2 ?ROJECT ."'AME ~~ ~Al1+hold Land Preserv Comm.S: Kaloski Est. Dev. Rts. Easement P~: J. PROJECT Lc~nON: Municle.lllY ~Authold Town ~unty Suffolk 4. ?REC:Se LCCATION (Street addreS$ and tOad intel'3ectJoM. ;:lronUnent Iandm.ar1a. ttc., .::!r ,rovide .-:lacl East and West sides of Alvah's Lane - North SCTM #1000-102-04-006.1 and 109-01-024.1 . s. IS ?ROPOSED ACTION: ao New 0 Exoan~lon of NYS Route 25. Cutchougel I I , o MocUncatlonla.tferatlan 5. aesCRIBE ?ROJECT aAIE.=L'f: Purchase of development rights to approximately 55 acres of a 60.7 farm - in two parcels. act' I I I 7. AMOUNT OF 6tf01FR.crcl: 55 ( a pprox. ) Initially. a.e:es !.SI(fmatety aces a. WllJ.. PROPOSeD AC710N COMPLY 'NITH EXISiING ZONING OR Or:ie.~ EXlSiING !.....:.NO usa ::!.c-;-;:UC7iCNS7 I~ Ye", 0 No fl No.. descntle bI1etly 9. w~ T IS PRESENT LAN~ use IN '/ICNfN ~F ?AOJEC77 es Resldent1aJ U InaumtaJ L Commen:1at Oesc:tbe: F Aqncwtu", i: ?amF~te:suOpen .$Dace DOlller A neighborhod of mixed residential and agricultural uses. ~O. aces AC71CN INVOLVE A ?E.=iMfT APPROVAL OR NJNOING. ~cw OR UL7IMATE.':'" .=::!CM ANY c,r!E..~ GOVE.~NME.),,!TAL ..a.Ga.lo.lCY (r=:JE.v..~ STATE OR LOCo\U7 !:ll Y.. 0 No If yea, list agen<J(:' onct pormlUacProvals ! Approval of the Southold Town Board. ". ooes ANY ASF~ OF ntE ACTION HAve A c:JRAENTLY VAt...:O PewIT .oR AFflP.OVAL1 fJ';.. 0 No II yea, II:. agency ....... .... PemUU..- Southold Town Board approval to negotiate potential purchased based a roved a 1'8.1s8.1.. _.. 12. AS A r1ESUL'j OF PROPOSED AC7JON WlU SXJsrING ~5=lMmAPPROVAL :lECUIRE MOOIFc.:.nON? nye:s OCOOo I 01 I csmFY iHATi"HE INFORMATION PROVIOEO ABOVE IS inue 70 7He 3~-r OF MY XNCWlEJGE AOCIIC3ntlSCOnsot Oate: 06/23/98 Slcn;uute; If the action is in the Coas J Area, and ycu are a state ac;;ency, complete the Coastal Asses~ment Form !Jetore proceeding with this assessment oveR . PART 11- ENVIRONMENT ),J) ASSESSMENT {To be compietsd by Agenc~(' I ' JOES ACTION :XC::;:::::D ,.l" 4Y 7'n=r:. I TH;:;eSHOLD iN .5 ""veRA. PAA"r 617."" CJ y!!S ~ No 3. 'NIL:" ....C7:CN .:1ES2lVE COORDINA.TED ::lE'/1EW AS ?RaVIDED FOR UNUS'c.iJ ....C7iONS IN :5 NYCRR, .::),a,RT ::i17.S? rn~ oe 5uoerseqfO by another invOlved agency. L...!Ves GNO It 'Ies. coorairliue :he ~e""e'N ::!rocess ana use the .=ULl .:AF. II NO. a negallve ::ec:arat.: _. COULD ..1.C710N ~ESULT IN ~NY AovERSE E?FECTS ASSOC:ATEl WITH THE .=OLLOWING; (Answers :'nay::)e hanOWrtlten."il1eglorel C~. :.xiscing lit auality, surface or ~rounClwate( Quality or quanlity, noise levels. ~xisting [raffic panerns, solid .....aste ;:ltoouc:icn or aisoosal, ;Jotential ~O( arosion. drainage or floodinl:J prOolems? Exalain briefly: No. C2. ;:.esthe!ic, agricUltural. arChaeological. historic. or olher natural or C'.lltuta! resourc~s: or community or neighborhOOd cl'laracter? :xolain brie/ly; . No. W. 'Iegetation or fauna. tisn. snellflsn or wildlife soecies. significant habitats. or threatenea or !naangered Soecies1 exolain brieily: No. (;4. A co~munity.s axisting plans. or goals as officially a.cIootea. or a e.~nge in I.LS8 o~ intensity of use at land or other natutaJ resources? 5;:colain briefly No. CS. GrOwth. .suoseauent develooment, or related ac:tvities likety to be induced ~ the proposed ac:Jon? Explain Oriefly. No. Co. Long term. snort term. c:.unulative., or other ~tfec:s not identified in C1..Q? :xplain briefly. None. C7. Other imo3C'".:J (Inctucling Co"langes in use ot either QUantity or type ot !tletgy)? =Clain briefly. None. ( D. WILL THE ?ROJECT HAVE AN If,APAC7 ON THE :.~VIRONMENTAL CHARAc:c.=IIS'i1C5. iHAT C:"USED THE ESTASUSHMENT OF A CEA? DYes XJNO - 1$ 7HERE. OR IS 'iHE.=l.E UKE!.r 70 BE. CONTROVE1{SY RE.AiED TO POTernAL "\ove.=l.SE ENV1RONME.~TAL IMPA.C7S? I + Yes OCJ No If Yes. uptain briefly PART 1II-0EiERMINATION OF SIGNIFiCANCE (To be completed by Agency) eINSTRUCT10NS: r=or each adverse etfect identified above. determine whether it is substantial. Jarge;:unportant or otnerwise significant. "Each eHect should oe asSessed in connection with its (al setting Q.8. uman or ruran; (b) probat)ility of occulTing; (Cl duration: (dl irreversibility: (e) geoqraohic '3cooe: and (I) magnitUde.. If necessary. add a.ttachments or reference supporting materials. Ensure tha.t explanations contain sufficient detail to show that all relevant adVerse impacts have been identified and adequately a~dressed. It Question 0 ot Part II was cnecxed 'Ies. the determination and significance must evaluate the potential impact at the proPOSed action on the environmentaJ characteristics ot the CSA. o Check this box if you have identified one or more potentiatlylarge or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Q!i C:Jeck this box if you have detennined. based on the infonnation and analysis above and any supporting documentation. that the proposed action WIll NOT resuJt in any significant adverse environmental imoac1s AND provide on artac."1ments as necessary, the reasons suo porting this determination: Southold Town Board ''''~oILI!4IIC1''\-enC"1 I June 23. D.lCe Jean W. Cochran ~f'"t or ivoe Name or iesQonsli:lle OrrlCer In !.eaa "'~CV ~iln.turl! or llesoonslale QrUel!!" In le.ad Alene', 2 1 T .. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE OF HEREBY GIVEN that pursuant to the provisions of the 'Agricultural Lands Preservation Law of the Town of Southold. constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 23rd day of June 1998. at 8:05 P.M., at the Southold Town Hall, 53095 Main Road. Southold, New York. on the question of the acquisition by the Town of Southold of the development rights in the agricultural lands of the Estate of Sophie Kaloski. west side of Alvah's Lane, Cutchogue, New York. SCTM No. 1000-102-01l-006.1 and 109-01-021l.1, comprising 55 acres. $9.075.00 per acre ($500,00.) FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office. Southold Town Hall. 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: June 15, 1998. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ONCE ON JUNE 18, 1998. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE. TOWN CLERK. TOWN HALL, PO BOX 1179, SOUTH OLD. NY 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Estate of Sophie Kaloski Land Preservation Committee STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold. New York being duly sworn. says that on the 15th day of June 1998 she affixed a notice of which the annexed printed notice is a true copy. in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board. South old Town Hall. 53095 Main Road, Southold, New York. "Public Hearing on the question of the acquisition of development rights in the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah's Lane. Cutchoge. New York SCTM No. 1000-102-02-006.1 and 109-01-024.1" at 8:05 P.M., Tuesday. on June 23. 1998." ~~~/.rP~. ~~N/4, Eliza eth A. eville Southold Town Clerk Sworn to before me this 15th day of June , 1998. ~~i!~ tar Public JOYCE M. WiLKINS Notary Public. State of Now York No. 4952246, Suffolk Co.'!~ Term Expires June 12, 1 a.::;::r II ELIZABETH A. NEVILLE TOWN CLERK v-JP;>>.Z2;~? j.'.~.. )~ ~~, :::J =2 ~ Q . " en I', :2:B ~ ~!. -i. . '-"<:" '1;1.. ~"J' -"O./.~". Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VlTAL STATISTICS MARRlAGE 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 DULY ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 9. 1998: RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M., Tuesday. June 23. 1998, Southold Town Hall. 53095 Main Road, Southold. New York, as the time and place for a public hearing on the question of the acquisition of development rights in the agricultural lands of the Estate of Sophie Kaloski. west side of Alvah's Lane. Cutchogue. New York SCTM # 1000-102-0~-006.1 and 109-01-02~.1., 55 acres. $9.075.00 per acre ($500.000.) C4atdla~ Elizabeth A. Neville Southold Town Clerk June 10, 1998 , . ELIZABETH A. NEVILLE TOWN CLERK : ",\lHUit . '~'V.~ t'~ , I-.::. :.,.0. :::0 ..-< .0 . :. en ~ < \Jo-: ",",,:' 0.. ~, .p. ~~ '.. ~O./ + -t-~. ' '<>'>"Z7:e-II{r"1' 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 22. 1998: WHEREAS, THE Town Board of the Town of Southold resolved to purchase the development rights of 55 acres of agricultural lands owned by the Estate of Sophie Kaloski. located on the west side of Alvah's lane, Cutchogue, New York. WHEREAS. the Estate of Sophie Kaloski has expressed its desire to sell the development rights for two (2) additional acres of the parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of Alvah's lane. Cutchogue. New York; BE IT RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M.. Tuesday, January 19, 1999, Southold Town Hall. 53095 Main Road, Southold, New York. as the time and place for a public hearing on the question of the acquisition of approximately two (2) acres of development rights in the agricultural lands of the Estate of Sophie Kaloski. at the price of $9.075.00 per acre, which acres are part of the parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of Alvah's lane, Cutchogue, New York. CI~(} ,'l!:/&iiiN Elizabeth A. Neville Southold Town Clerk December 22, 1998 .. '. " ELIZABETH A. NEVILLE TOWN CLERK . ~~.~c:,\\fFOl.t t'O,;;; ~ ~ :::> '" ",0 . >, ,': en ~ < . n, . ~<:...~ - ~. (' , ~ ~'t-/c' ,'4fO./ + i-'l>i;" :_"::';~.:'.>?.z::J[j-{{)J,l-' 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 MEETINC HELD ON DECEMBER 22. 1998: WHEREAS, THE Town Board of the Town of Southold resolved to purchase the development rights of 55 acres of agricultural lands owned by the Estate of Sophie Kaloski, located on the west side of Alvah's Lane, Cutchogue, New York. WHEREAS, the Estate of Sophie Kaloski has expressed its desire to sell the development rights for two (2) additional acres of the parcel of land known as SCTM # 1000-109-1-2/J.1 located on the west side of Alvah's Lane, Cutchogue. New York; BE IT RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday. January 19. 1999, Southold Town Hall, 53095 Main Road, Southold, New York. as the time and place for a public hearing on the question of the acquisition of approximately two (2) acres of development rights in the agricultural lands of the Estate of Sophie Kaloski, at the price of $9.075.00 per acre, which acres are part of the parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of Alvah's Lane, Cutchogue. New York. r'YrJd/ fl..'l}wiN Elizabeth A. Neville Southold Town Clerk December 22. 1998 ... . I . EUZABETH A. NEVILLE TOWN CLERK ,,7/'-:..L7~-=';:>-~>--~ ,i;f;'~~fFDL.t c"<', ,..'.~.~ t'%,;'.~ ,\. ffw v~ '.', :'~ .::;:, ~ ~.' '0 . ~l en ;;;;z ~; ~ ,.,., " ~~. ~(,' ;\~O ~'~f: 'C-c,. '.l + ~'}" ~'-.;.... ,,r(L'1. " <;.:zzr.Jf~JJ'- 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 THEIR REGULAR MEETING HELD ON JUNE 23. 1998: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights In the agricultural lands of the Estate of Sophie Kaloskl, west side of Alvah's New York; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 23rd day of June 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 of set forth In the proposed acquisition between the Town and the Estate of Sophie Kaloskl; now therefore, be It RESOLVED that the Town Board elects to purchase the development rights in the aforesaid agricultural lands owned by the Estate of Sophie Kaloskl comprising 55 acres, at a sale price of $9.075.00 per acre; said property located at west side of Alvah's Lane. Peconlc. New York, SCTM No. 1000-102-0~-006.1 and 109-01-022~.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 the Estate of Sophie Kaloskl; 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. ~f2 7:Iw~t, . ~za~;: A. Neville Southold Town Clerk June 2~. 1998