HomeMy WebLinkAboutSmithen, Charles & Barbara1000-100-4-5.4
Baseline Documentation
(f/k/a 1000-100-4-p/o 5.1)
Premises:
2600 Oregon Road
Mattituck, New York
36.311 acres
Development Rights Easement
CHARLES & BARBARA SMITHEN
to
TOWN OF SOUTHOLD
Deed dated June 24, 1996
Recorded July 5, 1996
Suffolk County Clerk - Liber 11781, Page 264
SCTM #:
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Reserved Area:
Zoned:
Existing Improvements:
1000-100-4-5.4
(f/k/a 1000-100-4-p/o 5.1)
2600 Oregon Road
Mattituck
$290,488.00
($8,000/acre)
Agricultural Land
Capital Funds
n/a
38.311 acres
36.311 acres
n/a
A-C
In 1996, irrigation well
and pumphouse
Part 2. Valuation of the Entire Property
A. Description of the Site
The subject contains a two story frame dwelling and shed. These
improvements will not be considered in this appraisal. The appraisal
will concern a taking of 36.3 acres of vacant farmland.
The subject is located on the southwest corner of Oregon Road and
Elijah's Lane, Mattituck, NY, 11952. The site dimensions are 1,548'
east on Elijah's Lane x 806' north on Oregon Road x 1,882' west x
1,012' south. The farm is rectangular in shape. The property is level
and open. Most of the land is tillable and currently rented to others
for agricultural production. There is a small wooded piece along the
south border. There are no improvements other than a irrigation well
and pumphouse. There is a overhead Lilco transmission easement running
through the center of the property west to east. The soil is mostly
Haven loam 0-2% slope and 2-6% slope. The hazard of erosion is slight,
the site is well suited for crops and housing developments.
The public utilities are electric, telephone and cable TV. Water
is provided from private well and there are private cesspools. Oregon
Road and Elijah's Lane are macadam roads, publicly maintained. There
are street lights. The site is not in a flood zone. The subject is
located is farmbelt area. Most farm production is vegetable, there are
vineyards and sod farms. Most nearby homes are two story farmhouse
styles. The nearest commercial district is Mattituck located
approximately 1 1/2 miles south.
'~'...~' ~.-:.~.--~ · _~ -- (~) COUNTY OF SUFFOLK {~..a. SOUTHO_LD
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look south
Subject
look north
Subject
lilco easement
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Subject
Elijahs Lane
Subject
woodland
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
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 12, 1995:
RESOLVED that the Town Board of the Town of Southold hereby sets 200
P.M., Tuesday, January 23, 1995, Southold Town Hall, Main Road,
Southold, New York, as time and place for a public hearing on the question
of the acquisition of the acquisition of development rights in the
Agricultural Lands of William H. Heins, SCTM#1000-100-4-5.1, 36.3 acres
of farmland at 2600 Oregon Road, Mattituck, New York.
~-- Judith T. Terry
Southold Town Clerk
December 13, 1995
LEGAL NOTICE
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of the
Agricultural Lands Preservation Law of the Town of Southold, constituting
Chapter 25 of the Southold Town Code, the Town Board of the Town of
Southold will hold a public hearing on the 23rd day of January, 1996, at
5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New
York, o n the question of the acquisition, by the Town of Southold, of the
development rights in the following parcels of agricultural lands, to wit:
(1) A parcel of land owned by William
approximately 36.3 acres, located at 2600 Oregon
York, Suffolk County Tax Map No. 1000-100-4-5.1.
(2) A parcel of land owned by Jo. lin J. Koroleski, comprising
approximately 64 acres, located at 182 Sound Avenue, Mattituck, New York,
H. Heins, comprising
Road, Mattituck, New
Suffolk County Tax Map No. 1000-112-01-p/o 09.
FURTHER NOTICE IS GIVEN that files containing more detailed
descriptions of the above mentioned parcels of land are on file in the
Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
Southold, New York, and may be examined by any interested person during
normal business hours.
Dated: January 4, 1996.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JANUARY 11, 1996, AND
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY,
HALL, PO BOX 1179, SOUTHOLD, HY 11971.
Copies to the following:
Town Board
Town Attorney
Land Preservation Committee
William H. Heins
John J. Koroleski
Town Clerk's Bulletin Board
FORWARD TWO (2)
TOWN CLERK, TOWN
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JANUARY 23, 1996
5:00 P.M.
IN THE MATTER OF THE ACQUISITION BY THE TOWN OF SOUTHOLD OF
DEVELOPMENT RIGHTS IN THE AGRICULTURAL LAND OF WILLIAM H.
HEINS AND JOHN J. KOROLESKI.
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
COUNCILWOMAN HUSSIE: "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 January, 1996, at 5:00 P.M., at the South01d Town Hall, 53095 Main
Road, Southold, New York, on the question of .~he acquisition, by the Town
of Southold, of the development rights i.n the following parcels of
agricultural lands, to wit:
(1) A parcel of land owned by William H. Heins, comprising
approximately 36.3 acres, located at 2600 Oregon Road, Mattituck, New
York, Suffolk County Tax Map No. 1000-100-/~-5-1.
(2) A parcel of land owned by John J. Koroleski, comprising
approximately 6[[ acres, located at 182 Sound Avenue, Mattituck, New York,
Suffolk County Tax No. 1000-112-01-p/o 09.
Further notice is given that files containing more detailed
descriptions of the above mentioned parcels of land are on file in the
Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
Southold, New York, and may be examined by an interested persons during
normal business hours. Dated: January ~t, 1996. Judith T. Terry, Southold
Town Clerk." I have here a affidavit from The Suffolk Times saying that
this has been published on the 11th of January, and that it has been
posted on the bulletin board in the Town Hall by the Town Clerk.
SUPERVISOR COCHRAN: Is there anyone that would like to speak in
opposition?
ED SIEGMANN: No. I just want to ask a question. Is this the same
property that at one time was supposed to be traded off for the Norris
property?
Page 2
SUPERVISOR COCHRAN: No. Anyone else, who would like to speak in
opposition? (No response.) Anyone who would like to speak in favor?
JOE GOLD: I'm Joe Gold from Cutchogue, and I'm Chairman of the Land
Preservation Committee, and the committee is very pleased to be able to
present these two properties to the Town Board for recommending purchase
of development rights, because these are premier examples of the farming
community in this town. The Helns farm on Oregon Road is one of the
pristine farming areas of the town. There is virtually nothing but farms
along both sides of Oregon Road, and this is our first opportunity to buy
development rights in that area. It's a very nice piece of property on
Oregon Road, and on Elijah. The Koroleskl farm is one of the largest
pieces of property, that has been offered to us. Sixty-four acres is one of
the bigger farms in town, and that property is on the North Road in
Mattltuck just west of Bergen Avenue, which is an area where the Town is
just about ready to go to contract on another piece of property, where
we've got the development rights. That area is developing into a very large
vineyard location in the town, and this purchase of development rights will
aid that whole area up in there north of the North Road around Bergen
Avenue. It's still largely farmland, and a move llke this will guarantee,
that it stays that way. So, I highly recommend these purchases to the
Board. Thank you.
SUPERVISOR COCHRAN: Thank you, Mr. Gold. Anyone else?
response.) Hearing none, I declare the hearing closed.
(No
Southold Town Clerk
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fox (516) 765-1823
Telephone (516) 765-1800
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 JANUARY 23, 1996:
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights in the agricultural lands of William H. Heins; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 23rd day of January, 1996, pursuant to the provisions
of the Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the development rights in the .agricultural lands set
forth in the prol-,osed acquisition between the Town and William H. Heins;
now, therefore, 5e it
RESOLVED that the Town Board hereby elect to purchase the agricultural
rights in the aforesaid agricultural lands owned by William H. Heins,
comprising approximately 36.3 acres, located at 2600 Oregon Road,
Mattituck, New York, Suffolk County Tax Map No. 1000-100-4-5.1; and be
it
FURTHER RESOLVED that the Town clerk be and she hereby is authorized
and directed to give notice of such acceptance to William H. Heins; and be
it
FURTHER RESOLVED that the Supervisor be and hereby is authorized and
directed to execute any and all required documents for the acceptance of
said development rights.
Southold Town Clerk
January 2a,, 1996
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CLOSING STATEMENT
CHARLES SMITHEN and BARBARA SMITHEN
to TOWN OF SOUTHOLD
Development Rights Easement -- 36.311 acres
$8,000/acre
Premises: 2600 Oregon Rd, Mattituck
SCTM #1000-100-4-p/o 5.1
(n/k/a SCTM #1000-100-4-5.4)
Closing took place on June 24, 1996
Purchase Price of $ 290,488.00 disbursed as follows:
Charles & Barbara Smithen
$ 290,488.00
Expenses of Closing:
Appraisal
Stype Brothers Real Estate, Inc.
$ 1,000.00
/
Title
Commonwealth Land Title Ins. Co.
$ 1,606.00
Title Closer
Karen J. Hagen, Esq.
$ 50.00
Those present at Closing:
Laury Dowd, Esq.
Karen Hagen, Esq.
Charles Smithen
Barbara Smithen
Attorney for Town of Southold
Title Company Closer
Seller
Seller
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117 1
Number of pages
TORRENS
Certificate #
Prior Cfi. #
Deed / Mortgage Instrument
37i67
$ REs~
~[,=S1'A'r~
,JUL 5 1996
TRANSFER TAX
SUFFOLK
COUN'[Y
Deed / Mortgage Tax Stamp
I[]
Recording / Filing Stamps
Handling
Notation
EA-5217 (Coumy)
EA-5217 (State)
Comm. of Ed. 5 . 00
Affidavit
Co,lifted Copy
Reg. Copy
FEES
Sub Total
SubTotal
GRAND TOTAL
Real Property Tax Service Agency Verification
Dist· Section Block
[~ Conun0nwealth.
Land Title Insurance Company
A Reliance Group Hoklin§s Company
t 77 OLD COUNYRY ROAD, RO. BOX 4! 9, RIVERHEAD, NY 11901
RECORD & RETURN TO
(ADDRESS)
Mortgage Amt.
I. B~ic Tax . _
2. Additional Tax
Sub Total ..
Spec,/Assit.
or
Spec./Add .......
TOT. MTG. TAX
Dual Town Dual Counly
Held for Apportionment __
Transfer Tax~'(~-~' . _
Mansion Tax
The property covered by this mortgage is
will be improved by a one or two famil
dwelling only.
YES or NO
If NO, see appropriate tax clause on page
of this instrument.
Title Company Informatian
Lot
,'t'~' ~'- 3~ Title Number
Company Name
Suffolk County Recording & Endorsement Page
This page forms part of the attached
TO
(SPECIFY TYPE OF INSTRUMENT)
The premises heroin is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of
In the VILLAGE
or HAMLET of_
made by:
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
DEED OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made this 2~th day of June, 1996,
BETWEEN CHARLES SMITHEN and BARBARA SMITHEN, residing at
2600 Oregon Road, Mattituck, New York, party of the first part, and
THE TOWN OF SOUTHOLD, a municipal corporation of the State of
New York, having its office and principal place of business at 53095 Main
Road, Town of Southold, County of Suffolk and State of New York, party
of the second part.
WlTNESSETH
That the party of the first part, in consideration of ten ($10.00)
dollars, lawful money of the United Staes, and other good and valuable
consider~.~tion paid by the party of the second part,
DGES 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 2~7 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 Code of the Town of Southotd, and the right to prohibit or restrict
the use of the premises for any purpose other than agricultural
production, to the properties described in the attached Schedule A.
TOGETHER with the non-exclusive right, if any, of the party of the
first part as to the use for ingress and egress of any streets and roads
abutting the described premises to the center lines thereof,
COMMONWEALTH LJLN-D TITLE INSUP3~NCE COMPA~VY
TITLE NO. P~q960481
SCHEDULE A
THE PREMISES IN WHICH THE INSURED M3~S THE ESTATE OR INTEREST COVERED BY THIS POLICY
Amended: 4/19/96
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck,
in the Town of Southold, County of Suffolk and State of New York, being more
particularly bounded and described as follows:
BEGIhTNING at the corner formed by the intersection of the southerly side of Oregon Road
and the westerly side of Elijahs Lane;
RLH~NING THENCE from said point of beginning along the westerly side of Elijahs Lane
South 25 degrees 27 minutes 50 seconds East, 1,548.25 feet to a monument;
THENCE South 64 degrees 19 minutes 20 seconds West, 389.17 feet;
THENCE South 25 degrees 28 minutes 50 seconds East, 476.54 feet partly along land now
or formerly of Deerkoski to a monument;
THENCE still along land now or formerly of Deerkoski, South 64 degrees 55 minutes 20
seconds West, 337.40 feet to land now or formerly of Sidor;
THENCE along said land now or formerly of Sidor the following three (3) courses and
distances:
(1) North 26 degrees 53 minutes 10 second~ ~est,
{2) South 73 degrees 20 minutes 40 secon4~ West,
(3) North 24 degrees 05 minutes 10 seconds West,
southerly side of Oregon Road;
246.94 feet to a monument;
285.71 feet to a monument; and
1,635.06 feet to a monument on the
THENCE along the southerly side of Oregon Road North 57 degrees 50 minutes 30 seconds
East, 332.56 feet to land of Gordon R. Heins;
THENCE along said land of Gordon R. Heins the following two (2) courses and distances:
(1) South 32 degrees 09 minutes 30 seconds East, 254.36 feet;
(2) North 59 degrees 44 minutes East, 166.50 feet;
RLrNNING THENCE North 30 degrees 16 minutes West, 13.26 feet;
RUNXNING THENCE North 59 degrees 44 minutes 00 seconds East, 353.08 feet;
RUNNING THENCE North 30 degrees 16 minutes West, 246.74 feet to the southerly side of
Oregon Road;
RLrNNING THENCE along the southerly side of Oregon Road North 59 degrees 44 minutes 00
seconds East, 120.00 feet to the point or place of BEGINNING.
FOR CONVEYAI~CING ONLY, (Together with all right, title and interest of,
IF INTEN3DED FOR CONVEYA-NCING(and to any streets and roads abutting the above
(described premises, to the center line thereof.
TOGETHER with the appurtenances and all the estate and rights of
the party of the first part in and to said
granted hereunder are concerned.
TO HAVE AND TO HOLD
granted unto the party of the
premises, insofar as the rights
the said DEVELOPMENT RIGHTS herein
second part, its successors and assigns
forever.
AND the party of the first part covenants that the party of the first
pact 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 its heirs, legal
representatives, successors and assigns of the party of the first part, to
use the premises on and after the date of this instrument solely for the
purpose of agricultural production.
AND the party of the first part, covenants in all aspects t~ comply
with Section 3 of the Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production" as defined in Section
25-30 of Chapter 25 of the Southoid Town Code is as follows:
Agricultural Production - shall mean the production for
commercial purposes of crops, livestock and livestock
products, but not land or portions thereof used for
processing or retail merchandising of such crops,
livestock or livestock products. Land used in
agricultural production shall also include fences,
equipment storage buildings, livestock barns, irrigation
systems, and any other structures used exclusively for
agricultural purposes.
The party of the first part and the party of the second part do
hereby covenant and agree in perpetuity that either of them or their
respective heirs, successors, legaJ 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
2
underlying fee title may not be subdivided into plots by the filing of a
subdivision map pursuant to Sections 265 and 277 of the Town Law and
Section 335 of the Real Property Law, or any of such sections of the Town
or Real Property Law or any laws replacing or in furtherance of them.
The word "party" shall be construed as if it reads "parties"
whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed
this deed the day and year first above written.
Charles Smithen
STATE OF NEW YORK
COUNTY OF SUFFOLK
On the 2~,th day of June, 1996, before me personally came
Charles Smithen and Barbara Smithen to me known to be the individuals
described in and who executed the foregoing instrument, and
acknowledged that they executed the same.
KAREN J. HAGEN
CommJs~on
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190MPG873
Number of pages .~,
TORRENS
Ser~l g
Certificate #
Prior Cfi. #
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Sta
Page / Filing Fee
Handling
TP-584
Notation , ~
EA-5217 (County) Sub To~al
EA-5217 (Slate)
R.P.T.S.^. 10". O0
Comm. of Ed. 5 . (JO
Affidavit,
Certified Copy " __
Reg. Copy .
Sub Total
Other .
GRAND TOTAL
Real Property Tax Service Agency Verification
Dist. Block Lot
Mortgage Ami.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. MTG. TAX
Dual Town -- Dual Couc
Held for Apportionment
Transfer Tax
Mansion Tax
The property covered by this
will be improved by a one
dwelling only.
YES or NO --
If NO, see appropriate lax clau
-- of this insLroment.
Title Company Inforn
[~ CommOnWeal~
Laad Tlt~ lamrmm Cr
Company Name
Titl~ Number
FEE PAID BY:
Cash Check l'""/-
Chaq
Payer same as R & R __
J~r if different)
NAME: ['~ t~,,,,-,oawealth
RECORD & RETURN TO ~v~
(ADDRESS)
Suffolk County Recording & Endorsement Page
~is page fo~s par of ~e at~ched g~O
(SPECIFY T~E OF IN~ME~)
SU~OLK COU~Y, ~W YORK.
TO
In theTownship of ~'~C~ ~'
In the VILLAGE
orHAMLETo,
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR F
AG~EME~, ~de ay of May, 1996
BE~EN
W~am ~. He~s, resi~g at 1509 Co,cfi D~e, S~ Ciw Center, ~ofida 33573
pa~ of~e ~ p~, ~d
The Town of Southoid, a municiPt~~ corporation of the State of New York, having its of-
fice and principal place of business af Fdain Road, Town of Southold, County of Suffolk
and State of New York
party of the second part,
WITNESSETH:
WI~FREAS, the said party of the first part now owns and holds the following mortgage
and the bond or note secured thereby:
Mortgage dated the 14th day of March, 1996 made by CharLes Smithen and Barbara
Smithen to William H. Heins in the principal sum of $477,500.00 and recorded in the
Suffolk County Clerks Office in Mortgage Liber 19043 page 166 on March 21, 1996,
covering premises hereinaRer mentioned and more, and
Wl~REAS,
the present owners, Charles Smithen and Barbara Smithen, of the premises hereinafter
mentioned is about to execute and deliver to the said party of the second part, a Deed of
Development Rights by which is meant the permanent legal interest and fight, as author-
ized by Section 247 of the New York State General Municipal Law, as amended, to
permit, require or restrict the use of premises exclusively for agricultural production as
that term is presently defined in Chapter 25 of the Code of the Town of Southold, and the
fight to prohibit or restrict the use of the premises for any purpose other than agricultural
production, which deed shall also contain a covenant prohibiting the fee title to be subdi-
vided pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real
Property Law, or any such sections of the Town or Real Property Law or any laws replac-
ing or in furtherance of them and more fully described in said deed and
WHEREAS, said party of the second part has refused to accept said deed tmless said
mortgage held by the party of the first part be subordinated in the manner hereinafter
mentioned,
NOW, THEREFORE, in consideration of the premises and to induce said party of the
second part to accept said deed and also in cousideration of one dollar paid to the party of
the first part, the receipt of whereof is hereby acknowledged and the consideration as set
forth in paragraph 21 of the aforementioned recorded mortgage, the said party of the first
part hereby covenants and agrees with the patty of the second part that said mortgage
held by said party of the first part be and shall continue to be subject and subordinate in
lien to the aforesaid deed and that the party of the first part for himgelfi his successor, as-
signs and personal representatives hereby waives his right to foreclose against the con-
veyed development rights in any action to foreclose said mortgage, other action to collect
said debt including enforcement proceedings and the acceptance of a deed in lieu of fore-
closure which shall not be construed as a waiver other the party of the first part's reme-
dies, whether in foreclosure or otherMse, against the remaining fee interest atter the con-
veyance of the development rights to the party of the second part, said premises being
bounded and described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the
Town of Southold, County of Suffolk and State of New York, being more particularly
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Oregon
Road and the westerly side of Elijah's Lane;
RUNNING THENCE ~rom said point ofbe~nning along the westerly side of Elijah's
Lane South 25 degrees 27 minutes 50 seconds East, 1,548.25 feet to a monument;
THENCE South 64 degrees 19 minutes 20 seconds West, 389.17 feet;
THENCE South 25 degrees 28 minutes 50 seconds East, 476.54 feet partly along land
now or formerly of Deerkoski to a monument;
THENCE still along land now or formerly of Deerkoski, South 64 degrees 55 minutes 20
seconds West, 337.40 feet to land now or formerly of Sidor;
THENCE along said land now or formerly of Sidor the following three (3) courses and
distances:
(1) North 26 degrees 53 minutes 10 seconds West, 246.94 feet to a monument; (2) South
73 degrees 20 minutes 40 seconds West, 285.71 feet to a monument; and (3) North 24
degrees 05 minutes 10 seconds West, 1,635.06 feet to a monument on the southerly side
of Oregon Road;
THENCE along the southerly side of Oregon Road North 57 degrees 50 minutes 30 sec-
onds East, 332.56 feet to land of Gordon 1~ Heins:
THENCE along said land of Gordon IL Heins the following two (2) courses and dis-
tances:
(1) South 32 degrees 09 minutes 30 seconds East, 254.36 feet; (2) North 59 degrees 44
minutes East, 166.50 feet;
RUNNING THENCE North 30 degrees 16 minutes West, 13.26 feet;
RUNNING THENCE North 59 degrees 44 minutes 00 seconds East, 353.08 feet;
RUNNING THENCE North 30 degrees 16 minutes West, 246.74 feet to the southerly
side of Oregon Road;
RUNNING THENCE along the southerly side of Oregon Road North 59 degrees 44
minutes 00 seconds East, 120.00 feet to the point or place of BEGINNING.
BEING AND INTENDED TO BE part of the same premises conveyed by the party of the
first part to Charles Smithen and Barbara Smithen by deed dated March 12, 1996 recorded
in the Suffolk County Clerk's Office in Liber 11766 page 865.
This agreement may not be changed or terminated orally. This agreement shall bind and
enure to the benefit of the parties hereto, their respective heirs, personal representatives,
successors and assigns. The word '¥arty" shall be construed as ilk read "parties" when-
ever the sense of this agreement so requires.
IN WITNESS WHEREOF, the said party of the first ~'art has duly executed this agree-
ment the day and year first above written
IN PRESENCE OF:
William H. Heins
lgoa P 873
On the ,~q/~ day of May, 1996, before me gers0nally came William H. Heins to me
known to be the individual described in and who executed the foregoing instrument, and
acknowledged that he executed same.
Notary Public
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OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
Commonwealth.
Land Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B A. ND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE iNSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land,
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:
Secretary President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and th~ Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public re~ords at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, apt recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a} the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer: or
iL (ii~ ofdu~_h fcor~dation t~o i~mpadt notice toga pure__baser for value o~r a judgment or lien ered~itor__~
Valid Only If Sche¢~ales A and B and Cover Are Attached
NM 1 PA10
ALTA Owner's Policy 110-!7-92!
;.~IGiNAL
)
SCHEDULE A
OF INSUPJkNCE:
DATE OF POLICY:
$ 290,488.00
06/24/96
POLICY NO. 206-082138
TITLE NO. RH960481
1. NAME OF INSURED:
The Town of Southold
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: DevelDpmental Rights
3. TITLE TO THE ESTATE OR INTEREST IN %=HE LAAID IS VESTED IN:
A deed of Development Rights made by Charles Smithen and Barbara
Smithen to the Insured dated 6/24/96 and duly recorded 7/5/96 in
Liber 11781 cp 264 in the Office of the clerk for the County of
Suffolk. ~
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SITUATED IN THE
COLrNTY OF SUFFOLK, STATE OF NEW YORK, AND IS IDENTIFIED A~ FOLLOWS:
SEE SCHEDULE "A" ATTACHED
Countersigned:
Authorized Officer or Agent
COMMONWEALTH L~LN-D TITLE INSLrR3kNCE COMPANY
TITLE NO. RH960481
SCHEDULE A
THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY
Amended: 4/19/96
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck,
in the Town of Southold, County of Suffolk and State of New York, being more
particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Oregon Road
and the westerly side of Elijahs Lane;
RUNNING THENCE from said point of beginning along the westerly side of Elijahs Lane
South 25 degrees 27 minutes 50 seconds East, 1,548.25 feet to a monument;
THENCE South 64 degrees 19 minutes 20 seconds West, 389.17 feet;
tHENCE South 25 degrees 28 minutes 50 seconds East, 476.54 feet partly along land now
or formerly of Deerkoski to a monument;
THENCE still along land now or formerly of Deerkoski, South 64 degrees 55 minutes 20
seconds West, 337.40 feet to land now or formerly of Sidor;
THENCE along said land now or formerly of Sidor the following three (3) courses and
distances:
(1) North 26 degrees 53 minutes 10 seconds West, 246.94 feet to a monument;
{2) South 73 degrees 20 minutes 40 seconds West, 285.71 feet to a monument; and
(3) North 24 degrees 05 minutes 10 seconds West, 1,635.06 feet to a monument on the
southerly side of Oregon Road;
THENCE along the southerly side of Oregon Road North 57 degrees 50 minutes 30 seconds
East, 332.56 feet to land of Gordon R. Heins;
THENCE along said land of Gordon R. Heins the following two (2) courses and distances:
(1) South 32 degrees 09 minutes 30 seconds East, 254.36 feet;
(2) North 59 degrees 44 minutes East, 166.50 feet;
RUArNING THENCE North 30 degrees 16 minutes West, 13.26 feet;
RUNNING THENCE North 59 degrees 44 minutes 00 seconds East, 353.08 feet;
RUNNING T~ENCE North 30 degrees 16 minutes West, 246.74 feet to the southerly side of
Oregon Road;
RUNNING THENCE along the southerly side of Oregon Road North 59 degrees 44 minutes 00
seconds East, 120.00 feet to the point or place of BEGINNING.
FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in
IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above
(described premises, to the center line thereof.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
POLICY NO.
TITLE NO.
206-082138
RH960481
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:
Mortgage made by Charles Smithen and Barbara SMithen, his wife to Williams H. Heins
dated 3/14/96 and duly recorded 3/21/96 in Liber 19043 mp 166 in the Office of the
clerk for the county of Suffolk in the amount of $477,500.00.
subordination Agreement made between William H. Heins and ~he Insured dated 5/23/96
and duly recorded in the Office of the clerk for the County of Suffolk
(subordinates mortgage in Liber 19043 mp 166).
Boundary Agreement in Liber 8195, cp 257.
Electric Agreement in Liber 1278, cp 198.
Taxes cover premises and more. Taxes to be apportioned by taxing authority.
Survey made by Roderick Van Tuyl, P.C., covering/premises and more, last dated
3/28/96 shows vacant land. a) Lilco Easement an,~ towers in central portion of the
premises; subject to the rights of others to use and maintain same. No other
variations.
7. Survey submitted must be quaranteed to this Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
STANDARD NEW YORK ENDORSEMENT
OWNER' S POLICY
To be attached and made a part of Policy Number: 206-082138
The following is added to the insuring provisions of the face page of this policy:
"5. A~y statutory lien for services, labor or materials furnished prior to the date he'reof,
and which has now gained or which may hereafter gain priority over the estate or
policy.
interest of the insured as shown in Schedule A of this '
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) . If the recording date of the instruments creating the insured interest is later than
the policy date, such policy shall also cover intervening liens or encu~%brances,
except real estate taxes, assessments, water charges and sewer rents."
o thing herein contained shall be construed as extending or changing the effective date of said
licy, unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the
policy and is s%lbject to the Exclusions from Coverage, Schedules, Conditions and Stipulations
therein, except as modified by the provisions hereof.
Dated: 06/24/96
COMMONWEALTH LAND TITLE INS~CE COMPAA!Y
VICE PRESIDENT AND BRANCH MANAGER
1, DEFINITION OF TERMS.
The following lerrns when used ir, this holic~, mean:
rights ~r defenses the Compan) would have had againsl thc nan~ed insured.
!bi "insured claimanf': an insured claiming loss tlr damage
knowledge or notice which may be imputed lo an insured b3 reason of the
public records as defined in this polic3 or an? other records which ~mpart
(dl "land'S: the land described or referred le in Schedule A. and
~mprovemenls affixed lhereto which by la,x consl~tule real properly Thc
term 'land" does not include an> properly beyond the lines of the area
described or referred to in Schedule A. nor any right . lille, mleresL esmte
or easement in abutting slreels, roads, avenues, alleys, lanes, ways or
waterways, hut nothing herein shall modify or limil the extenl lo which a
right of access to and from the land is insured by this policy
lo) "mortgage": mortgage, deed of trust, trust deed. or other secum5
If) "public records": records established under state statutes at Date of
Policy for thc purpose of imparting constructive notice of mailers relating
to real properly to purchasers i'or value and without knowledge With
respect to Section lial ltv) of the Exclusions From Coverage. "pubbe
records" shall also include environmental protection liens filed in the
records of the clerk of the Untied States districl court for the distric~ in
which the land is located
lc) "unmarketabilily of the title": an alleged or apparem matter affecting
the title to the land. not excluded or excepted from coverage, which would
entitle a purchaser of the estate or mteresl described in Schedule A to be
released from the obbgafion to purchase by wrtue of a contractual
condition requiring the delivery of marketable title
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE ~
The coverag* of this policy shall continue ~n force as of Date of Policy in
~.ml~ the land;/ or holds an indebtedness secured b) a purchase mone.~
rtgage given b> a purchaser from the insured, or only so long as the
~}urred shall have fiabilit~ by reason of covenants of warranty made by the
insured in an)' transfer dr c~nveyance of the es a e or nercs Th s pobc>
shall not continue in force in fi~vor 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 SE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Compan3 promptly m writing Iii in case of
any bfigatmn as set forth in Section 41al be[o'~. (iii in case knowledge shall
come lo an insured hereunder of an3 claim of lille or mteresl which is
adverse to the title to the estate or interest, as insured, and which mighl
cause loss or damage for which the Company may be liable b3 virtue of
this policy, or (iii~ if lille to the estate or interest, as insured, is rejected as
unmarketable If prompl notice shall not be given to the Company. then as
Io the insured all liability of the Company shall ~erminate with regard to
however, that failure lo 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 Ihe prejudice
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
Ia) Upon written request by the insured and subject to the oplmns
contained in Section 6 of these Conditions and Stipulations. the Company.
at ~ts own cost and without unreasonable dela3, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
of acdon 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
Company will not pay an)' fees. costs or expenses incurred by the insured
[n the defense of lhose causes of acdon which allege matters not insured
against by this policy
The Company shall have the right, at its own cost. to institute and
any action or proceeding or to do any other acl 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 thereby
concede liability or waive any provision of this policy. If the Company
sha[I exercise.its rights under this paragraph, it shall do so diligently
:B 1190-1~
expense, shall give the Compan3 all reasonable aid I,} In any action or
Company ~s prejudiced by the hdure of the insured id furnish the required
cooperation
Conddmns and Stipulations have been provided the Company. a proof of
loss or damage signed and sworn lo b) the insured c[aimanl shall be
other mailer insured against by this policy which constitutes the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the hilure of the insured claimant lo provide the required proof of loss
or damage, the Company's obligafions to the insured under the policy shall
Company and shah produce
representauve of the Company. all records, books, ledgers, checks.
All information designated as confidential by the insured claimant provided
unless, in the reasonable judgement of the Company. ~t is necessary in the
parties as required in this paragraph shall terminate any fiabilit3 of the
TERMINATION OF LIABILITY.
Upon the exercise by the Company of this opnon, all liabilily and
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
and which the Company is obligated to pay: or
(ii) to pay or otherwise settle with the insured claimant the toss or
b3 the Company up to lhe time of payment and which the Company
obligaled to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs {b)(i) or (ii). Ihe Company's obligations Io the insured under
required to be made, shall terminate, including any liabdily or obligafion to
defend, prosecute or contihue any litigation
:ions and Stipulations Continued Inside Co,~'el-
P P, ,l-, Ft I" R
CONDITIONS AND STIPULATIONS
7.'DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contracl of indemnily aga ns ac ua monetary loss or
damage sustained or incnrred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only ~o
the extent herein described.
Ia) The liabi[ity of the Company under this policy shall nol exceed tile
least of:
Ii) die Amount of Insurance slaled in Schedule A; or,
(ii) tile difference between Ihe value of lhe insured est;lie or interest as
insured and the value of Ihe insured estate or interesl subject to die defect,
lien or encumbrance insured against by this policy
(b) In the event tile Amounl or Insurance stated in Schedule A at tile
Da~e of Policy is less Ihan 80 percent of the value of tile insured eshHe or
interesl or Ihe full consideration paid for tile hind, v, hichever is less, or if
which increases thc ~alue or tile insured estate or inlcresl by al least 20
percenl over tile Amount of Insurance staled in Schedule A, lhen this
Policy is subject to tile following:
(i) where no subsequent improvemen s bee nade, as to any partial
unless a liability or va~'uc has olherwisc been agr~etq upon as to each parcel
policy shall be reduced by any amount the Company may pay under any
which the Insured has agreed, assumed, or taken subject, or which Is
PAYMENT OF LOSS,
ALTA Owner's Policy 00-17-92)
Form 1190-3 Cover Page ORIGINAL
(Continued)
(b) When liability and Ihe extent or loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, Iht loss or
damage shall be payable within 30 days thereafier
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) qhe Company's Right of Subrogation
Whenever the Compauy shall have seltled and paid a claim under this
policy, all right of subrogation shall vest in Ihe Company unaffecled by
16. SEVERABILITY.
Valid Only Ir Face Page, Schedules A and B Are AIh]cbed
NEW YORK STATE OFFICE
655 Third Avenue
New York, New York 10017
(212) 949-0100
OWNER'S POLICY OF
Trr INSU UqCE
[10-17-92)
Commonwealth
Tide ht~urance Since 1876
1700 Market Street [ Philadelphia, PA 19103
NEW YORK OFFICES
NEW YORK CITY
655 Third Avenue
New York, New York 10017
(212) 949-01 O0
ALBANY
286 Washington Ave. Extension
Corporate Plaza West
Albany New York 12203
(518) 452-4525
BUFFALO
298 Main Street
Buffalo, New York 14202
(716) 853-6800
GARDEN CITY
1325 Franklin Ave. Suite 101
Garden City, New York 11530
(516) 742-7474
NEW CITY
17 Squadron Boulevard
New City, New York 10956
(914) 634-7070
RIVERHEAD
177 Old Country Road
Riverhead, New York 11901
(516) 727-7760
WHITE PLAINS
50.Main Street
White Plains. New York I0606
(914) 949-0002
NATIONAL TITLE SERVICE
655 Third Avenue
New York, New York 10017
(212) 949-0100
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LAURY L. DOWD
TOWN ATTORNEY
JEAN W. COCHRAN
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1889
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO:
FROM:
RE:
DATE:
JOE GOLD, LAND PRESERVATION COMMITTEE
LAURY L. DOWD, TOWN ATTORNEY
SMITHEN DEVELOPMENT RIGHTS PURCHASE
JUNE 2q-, 1996
On this date the Town acquired the development rights to Tax Map No.
1000-100-~-5.001 at 2600 Oregon Road, Mattituck. Attached is a copy of
the deed. The purchase price was $290,~88, with further closing costs of
$1606 to the Title Company and $50 to the closer.
2002 Suffolk County Tax
Map Book
NOTICE
COUNTY OF SUFFOLK
R~Prop~rfy Tax Service loency
m,,,~ SOUTHOLD
1000
100
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER
STREET
ACR.
TYPE OF BLD.
PROP. CLASS
LAND
IMP.
TOTAL
DATE
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD
WOODLAND
DEPTH
BULKHEAD
MEADOWLAND
HOUSE/LOT
TOTAl
Date of Sale: ................................................................................ 3/12/96
Selling Price: ............................................................................ $577,500
Grantor: ...................................................................................... Heins
Grantee: ..................................................................................... Smithen
Improvements: ................................................................... vacant farmland
SCTM#: .......................................................................... 1000-100-4-5.1
Parcel Size: ............................................................................ 38.31 Acres
Location: ................................... Oregon Rd./Elijah's Lane, Cutchgoue, NY 11952
Condition: ................................................................................ Average
Price per acre: .............................................................................................. $15,074
Zoning: ........................................................................................... A-C
Liber/page: ............................................................................ 11766/865
Data Source: ............................................................................... grantee
Utilities: .................................................................................... typical
Highest/Best Use: .......................................... current zoning with improvements
29
1997 photo
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More vineyards, and vines, for sale
BY MARK HARRINGTON
STAFF WRITER
As two more vineyard own-
ers put North Fork properties
on the selling block, Leucadia
National Corp., the region's
newest grape-growing inves-
tor, appears to be taking a giant
step backward.
Sherwood House Vineyards
this week put its 36-acre Matti-
tuck property on the block for
$4.1 million, joining a list of
vineyards for sale that includes
Ackerly Pond, Casteilo di
Borghese, Galluccio Family
Winery, Schneider Vineyards
and several smaller properties.
At the same time, a "country
vineyard estate" in Cutchogue
owned by Mark Lieb of Lieb
Vineyards went on the market
for $7.75 million, along with
47.5 acres of property, accord-
ing to Sotheby's International
Realty Web site. Ed Petrie, the
agent at Sotheby's handling the
listing, declined to comment,
and Lieb didn't return a phone
call to the winery.
Those moves come as teuca-
die National Corp., the Manhat-
tan investment firm that owns
Nape Valley-based Pine Ridge
Winery, appears to have
backed off a plan to plant new
vines in the spring. A recent
e-mail to local vineyard owners
offered for sale tens of thou-
sands of the vines that Pine
Ridge had planned to plant at
its 57-acre Southold field after
ripping out all the existing
vines of the former Broadfields
and Charles lohn Vineyards
last spring.
"They're not planting," said a
veteran vineyard owner who re-
ceived the e-mail. It's unclear
what the company's plans are
beyond 2007.
Ben Sisson, LeucadiaJPine
Ridge's vineyard manager on
Long Island, declined to com-
ment. "There's just nothing to
say about any of this," he said
yesterday.
Panmanok Vineyards owner
Charles Massoud, who re-
ceived a copy of the e-mail, cau-
tioned against reading too
much into all the recent moves.
He said times have not been
better for area wineries. Visi-
tors have crammed wineries all
through the summer and fall,
so much so that he and others
have had to limit customers.
"Wine sales have been very
Charles and Barbara Smithen put Sherwood House Vineyards
in Mattituck up for sale this week, asking $4.1 million.
strong," he said. "Weekends
have been ridiculous" with traf-
fic. "It has been unbelievable."
Sherwood House Vineyards
is owned by semi-retired cardi-
ologist Charles Sherwood
Smithen and his wife, Barbara
Smithen, a financial public rela-
tions executive who oversees
Sherwood's marketing and
sales. The vineyard, on former
potato and corn fields, was pur-
chased by the Smithens in 1996
and developed with the help of
North Fork vineyard manager
Steve Mud&
Barbara Smithen said she and
her husband will continue to
live in the 1860s-era farmhouse
adjacent to the property, but
she noted they also want to trav-
el more and recently bought a
home in Antib, France.
The Sherwood House name
is a respected boutique wine
on the North Fork known for
its Chardonnay and an assort-
ment of reds. The label scored
well in a recent Wine Spectator
ranking and won a gold medal
in the 2002 New York Food 6:
Wine Classic.
The vineyard recently opened
See VINEYARD on A46
More
vines
for sale
VINEYARD from A44
a small tasth~g room that Smith-
en said helped boost sales this
year by 350 percent. The 36-acre
property has 27 planted acres
and produces 1,200 cases of wine
a year. The sale includes the
land, the brand name, 7,000
cases of wine and the tasting
room.
The Lieb house was
scribed on Sotheby's as a home
"set among 50 +/- manicured
award-winning vineyard acres
in the heart of Long Island's pic-
turesque wine country." The
same home was listed last year
in an ad in the Greenwich Time
newspaper, but Lieb at the time
denied it was on the market.
The Galluccio winery,
which has been on the block
for more than a year, appears
to be taking a new tack to spur
a sale. After selling off most of
his wine inventory and wine-
making equipment this year,
owner Vincent Galluccio is
marketing the property in two
parcels, one of them 34.2
acres, 22 of them planted with
vines, for $L65 million, accord-
ing to a person familiar with
the sale. The sale originally in-
cluded all 82 acres for $8.97
million. Galluccio's agent,
Syma Gerard, didn't return a
call yesterday.
Barry Novick, the agent for
The Sherwood
House tasting
room, left,
helped boost
sales this year
by 350 percent,
according to
the owners,
who are selling
their Mattituck
vineyard, brand
name and
7,000 cases of
wine. Their 27
planted acres
yield 1,200
cases a year.
the Borghese and Schneider
properties at Brown Harris
Stevens in Cutchogue, said
there has been interest, most
from outside the region. But he
noted vineyards "are tough
sales to begin with."
"You don't have the same vol-
ume as you do on a hot home
listing," he said. He expects
vineyard sales to take one to
two years to complete, though
he is due to close on a separate
33-acre vineyard this week
after three years of work.
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2001 Aerial SCTM #1000-100-4-5.4 (formerlly p/o lot 5.1) Premises: 2600 Oregon Rd, Mattituck 36.311 acres
development rights
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