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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 I00 P R 0 P E R T Y V I S U A L S S 0 U D OREGON EAS' GRE A T P E CONIC NEW SUFFqq .... (~) COUNTY OF SUFFOLK ,~,~, S_OUTHOLO I ,~c,,~,~. I ~ I~- ~' ~'l Real Propedy Tax Service Aao.cyl~e ...... : I LINt Stt St¢ ~ ~ Subject look south Subject look north Subject lilco easement 32 Subject Elijahs Lane Subject woodland 33 P U B L I C H E A R I N G 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 P U R C H A S E R E S O L U T I O N 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 C L O S I N G S T A T E M E N T 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 R E C O R D E D D E E D 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 3 S U B O R D I N A T I O N A G R E E M E N T 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 T I T L E P 0 L I C Y 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 P R O P E R T Y R E C O R D S 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 N E W S A R T I C L E 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. A E R I A L S 2001 Aerial SCTM #1000-100-4-5.4 (formerlly p/o lot 5.1) Premises: 2600 Oregon Rd, Mattituck 36.311 acres development rights S U R V E Y