HomeMy WebLinkAboutLieb Vineyard1000-73-1-3.4
Baseline Documentation
Premises:
15750 Oregon Road
Cutchogue, New York
12.9698 acres
Development Rights Easement
LIEB VINEYARD, INC.
to
TOWN OF SOUTHOLD
Deed dated April 16, 1996
Recorded June 6, 1996
Suffolk County Clerk - Liber 11777, Page 161
SCTM #:
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Zoned:
Existing Improvements:
1000-73-1-3.4
15750 Oregon Road
Cutchogue
$110,243.30
(12.9698 acres ~ $8,500/acrO
Agricultural Land
Capital Funds
n/a
12.9698 acres
12.9698 easement acres
A-C
In April 1996 -
Mature vineyard, no
improvements
A. Description of the Site
The subject property consists of two parcels. Parcel #1
is listed on Suffolk County Tax Map # 1000-84-1-4.4. The lot
is located on the southside of Oregon Road, approximately
600' west of Bridge Lane, Cutchogue, Suffolk Co., New York
11935. The parcel offered is 1.68 acres of a 3.7 acre parcel.
The second parcel is listed on map # 1000-73-1.3.4. The
acreage is located on the southwest corner of Bridge Lane and
Oregon Road, Cutchogue approximately 65' east of parcel #1.
The entire parcel of 12.96 acres is being offered. The total
acreage offered is 14.64 acres.
Parcel ~1 consists of 1.68 acres of level, open
farmland. The land is currently a mature vineyard producing
grapes for wine. The vineyard will not be included in the
valuation as the current owner plans on maintaining the
grapes for his wine production known as Lieb Vineyards. There
is a house and winery on the 3.7 acres which will not be
included. The 1.68 acres do not include any other
improvements. The raw land only will be valuated. There are
no current site plans, the 1.68 acres does not appear to be
subdividable.
Parcel #2 consists of 12.96 acres of level, open
farmland. This land is also entirely occupied by a mature
vineyard producing grapes for wine. The vineyard will not be
included in the valuation. The ownership is the same. There
are no other improvements on the subject property. The raw
land only will be valuated. There are no current site plans,
t~e parcel appears to be subdividable subject to the
application process.
The soil is mostly haven loam with a slope of 0 - 2%.
The hazard of erosion is slight and the soil is commonly used
for the growing of crops and housing developments.
The public utilities are electric and telephone. Water
is provided from private well and there are private
cesspools. Oregon and Bridge roads are macadam, publicly
maintained, there are street lights. The immediate area is
mostly residential and farmlands. Long Island Sound is 1
block to the north. The farm is not in a flood zone. The
nearest business district is Cutchogue Village located over 1
mile south.
11
A
P
P
R
A
I
S
A
L
R
E
S
0
L
U
T
I
0
N
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Roa
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 OCTOBER 30, 1995:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, at a fee
of $1,000.00, to conduct an appraisal for the Land Preservation Committee
for consideration of the following property for the Farmland Preservation
Program: Lieb Vineyards, Bridge Lane and Oregon Road, Cutchogue, 1.68
acres & 12.96 acres, SCTM#1000-84-1-4.4 & 1000-73-1-3.4.
October 31, 1995
P
R
0
P
E
R
T
Y
V
I
S
U
A
L
S
38 3~
11958
1193
EAST
Cuc~<
COUNTRY
Old Cove
HARBOR
E
P E
C 0
NIC
NEW SUFFOLK
R,~CE
PECOI~IC
iL~ PECONIC
A Prt
1
9
9
5
P
H
O
T
O
S
P
U
B
L
I
C
H
E
A
R
I
N
G
JUDITH T. TEP~RY
TOWN CLERK
REGISTIq~R 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
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 FEBRUARY 6, 1996:
RESOLVED that the Town Board of the Town of Southold hereby sets 5:00
P.M., Thursday, February 22, 1996, Southold Town Hall, 53095 Main Road,
Southold, N.Y., as time and place for a public hearing on the question of
the acquisition of development rights in the following Agricultural Lands:
Marie D. Cassidy & Carole M. Cassidy, SCTM#1000-52-5-59.3 & 59.4, 58
acres - 32 agricultural, south side Albertson Lane, Greenport, N.Y.; Mark
Lieb, c/o Lieb Vineyards, SCTM#1000-84-1-4.4 & 73-1-3.4, 1.6 acres of
farmland at Bridge Lane and 12.96 acres of farmland at Oregon Road,
Cutchogue, N.Y.
Southold Town Clerk
February 7. 1996
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 22nd day of February, 1996, at
5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the question of the 'acquisition, by the Town of Southold, of the
development rights in the following parcels of agricultural lands, to wit:
(1) A parcel of land owned by Marie D. Cassidy & Carole M. Cassidy,
comprising approximately 58 acres, located on the south side of Albertson
Lane, Greenport, New York, Suffolk County Tax Map No. 1000-52-5-59.3
& 59.4.
(2) Two parcels of land owned by Mark Lieb, c/o Lieb Vineyards,
comprising 1.6 acres on Bridge Lane, Cutchogue, New York, and 12.06
acres on Oregon Road, Cutcbogue, New York, Suffolk County Tax Map No.
1000-89-1-q.q & 73-1-3.4.
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
norman business hours.
Dated: February 6, 1995.
~UDITH T. TERRY
SOtJTHOLD TOWN CLERK
PLEASE PUBLISH ON FEBRUARY 15, 1996, AND FORWARD TWO (2)
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWH
HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler-Watchman
Town Board
Town Attorney
Land Preservation Committee
Marie D. Cassidy & Carole M. Cassidy
Mark Lieb, c/o Lieb Vineyards
Town Clerk's Bulletin Board
PUBLIC HEARING
SOUTHOLD TOWN BOARD
FEBRUARY 22, 1996
5:00 P.M.
IN THE MATTER OF THE ACQUISITION BY THE TOWN OF SOUTHOLD OF
DEVELOPMENT RIGHTS IN THE AGRICULTURAL LAND OWNED BY MARIE D.
CASSIDY~, CAROLE M.CASSIDY~ AND TWO PARCELS OF LAND OWNED
BY MARK LIEB, c/o LIEB VINEYARDS.
Present:
Absent:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Ollva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
Councilman Joseph L. Townsend, Jr.
JUSTICE EVANS: "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 22nd day of February,
1996. at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold,
New York, on the question of the acquisition, by the Town of Southold, of
the development rights in the following parcels of agricultural lands, to
wit:
(1) A parcel of land owned by Marie D. Cassidy ~, Carole M.
Cassidy, comprising approximately 58 acres, located on the south side of
Albertson Lane, Creenport, New York, Suffolk County Tax Map No.
1000-52-5-59.3 ~,
(2) Two parcels of land owned by Mark Lieb, c/o Lieb Vineyards,
comprising 1.6 acres on Bridge Lane, Cutchogue, New York, and 12.96
acres on Oregon Road, Cutchogue, New York, Suffolk County Tax Map No.
1000-8~-1-u,.~ S 73-1-3.L~.
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: February 6, 1996. Judith T. Terry, Southold Town Clerk." I have
affidavits that this was published in The Traveler-Watchman, and that it was
posted on the Town Clerk's Bulletin Board. No correspondence.
SUPERVISOR COCHRAN: Thank you, Louisa.
Page 2
MELANIE TEBBINS: The tax map number is incorrect for the Cassidy
property. I actually have a copy of the tax map here. It's been revised
since that number.
COUNCILWOMAN HUSSIE:
gave us the old number.
That's right. When Joe Gold submitted it, he
TOWN CLERK TERRY: I took this from the appraisal. I~m sorry. Let's put
it on the record. What is the tax map number?
MELANIE TEBBINS: It isn't two parcels any longer. It's one parcel, 59.6.
TOWN CLERK TERRY: Give me your name, please? Just for the record.
MELANIE TEBBINS: My name is Melanle Tebbins from Peconic Land
Trust. We~ve been working with the Cassidy family on this project. The
tax map number, I believe, has been revised since the appraisal was done.
The tax map of Marie Cassldy~s parcel is 1000-52-5-59.6.
TOWN CLERK TERRY: Thank you.
SUPERVISOR COCHRAN: Mr. Gold, as Chairman of the Committee would you
like to make a comment?
JOE GOLD: Yes, I would. I~m Joe Gold from Cutchogue, and I~m Chairman
of the Land Preservation Committee, and I~m very pleased to be before the
Board again, bringing before the Board two more very good parcels of
farmland, which I~m recommending to the Board to buy development rights
for. Iql mention the smaller one first. Lieb Vineyard is approximately
fourteen and a half acres. It's up on Oregon Road, near Bridge Lane, in
Cutchogue, and it's adjacent to a seventeen acre parcel, where the Town
already owns the development rights. So, this is going to keep adding to
our preservation activities, or the farming activity on Oregon Road. Both of
these parcels are currently covered with grapes. The second parcel is more
interesting, I think. It's larger, and it's a little more complicated, and
that's the Cassidy farm. The Town will be buying development to possibly
thirty-two acres of the Cassidy farm. The remaining twenty-eight acres
of wetlands is between a large dike, and Arshamomaque Pond, and I'm happy
to see the Cassidy family represented here, because they have been
wonderful to deal with on this. We~ve moved this along with the Land Trust,
and I understand the twenty-eight of wetland will be donated to the Land
Trust, and thereby, once again, we have one of these packages where the
Town's money is being leveraged up 100%. We're preserving a twenty-two
acres farm, but we're also getting twenty-eight acres of wetlands, that will
be forever preserved. This is particularly important in Arshamomaque
Creek. I saw an item in the paper today, that there's a seasonal opening of
Arshamomaque, but with more marshland on Arshamomaque allowing the creek
a flush flow, we may get cleaner water in there. The Land Trust, I
believe, will remove the smaller dike, .so that the entire twenty-eight acre
wetland will be flushed by creek water. I strongly recommend to the Board
to go ahead and purchase these development rights.
Page 3
SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like
to address the Board on the purchase of the development rights on these
two pieces of property? (No response.) Hearing none, we close the
hearing.
Southold Town ClerE
P
U
R
C
H
A
S
E
R
E
S
0
L
U
T
I
0
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
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CI,~,HK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 22, 1996:
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights in the agricultural lands of Lieb Vineyards; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 22nd day of February, 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 proposed acquisition between the Town and Lieb Vineyards;
now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the agricultural
rights in the aforesaid agricultural lands owned by Lieb Vineyards,
comprising 1.6 acres on Bridge Lane, Cutchogue, New York, and 12.96
acres on Oregon Road, Cutchogue, New York, at a sale price of $8,500.00
per acre; Suffolk County Tax Map Nos. 1000-84-1-4.4 & 73-1-3.4; and be
it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to Lieb Vineyards; and be
it
FURTHER RESOLVED that the Supervisor be and hereby is authorized and
directed to execute any and all required documents for the acquisition of
said development rights.
Southold Town Clerk
February 23, 1996
LALrRY L. DOWD
TOVfN 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:
TOWN BOARD
TOWN ATTORNEY
LIEB OPEN SPACE ACQUISITION
MARCH 21, 1996
On February 22, 1996 the Town Board approved the acquisition of
development rights from Lieb Vineyards. The approval was for 1.6 acres
600' west of Bridge Lane on Oregon Road, Cutchogue, and for 12.96 acres
on the SW corner of Bridge Lane and Oregon Road.
The owner has asked to drop the sale of development rights on the 1.6
acres. This is a sale of development rights to a portion of the house lot.
The Chairman of the Open Space Committee feels this would be
acceptable.
Please let me know if you have any objections to this change in what was
originally approved. If I do not hear from you, I will assume you have no
objections and proceed with the acquisition of only the 12.96 acre rights.
cc: Town Clerk
Open Space Committee
R
E
C
O
R
D
E
D
D
E
E
D
33773 it;ORBED
TORRENS JUN 6 1996
Serial ~ DS~R T~ F
B~FOU(
Certifl~te ~ ~NTY ,, L
~io, c,~., [. 38773
~l r~es
EA-5:17 (County) ~ Sub To~l ,~/~ S~./AssiL
EA-5217 (State) · ~ S~./Add.
Affidavit ~. Transfer Tax .
Ce~ifi~ Copy Mansion Taa
Reg. Copy Sub To~I _¢~ .~ dwel[ingWill be improvedon,y, by a one or two family
GRAND
TOTAL
of this instrumem.
Real Property Tax Service Agency Verification 6 Tille Company Informadon
S~ I~ O7~.OO ~1.~ ~,~ Company Name
lnitial~ ~tle Numar
~ ~ ~E PAID BY:
~ ,m l~om~onwea,,~ Cash
Payer same as R & R
~ ~na Title Instance Company (or if di fferent~
~ ADDRESS:
RECORD & RETURN TO
9 (ADDRESS)
Suffolk County Recording & Endorsement Page
~is page fo~s pa~ of the attached ~ made by:
~SPECIFY TYPE OF INSTRUME~)
I SU~OLK COU~Y, ~W YORK.
TO In the Township of
In the VILLAGE
or HAMLET of
BO~ 5 T~U 9 MUST BE TYPED OR PRIED IN BLACK INK O~Y PRIOR TO RECORDING OR FILING.
DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made this 16th day of April, 1996, between LIEB VgNEYARD,
INC., having its office and principal place of business at 100 Rockwood Lane, Greenwich,
Connecticut, party of the first part, and
Tt-IE TOWN OF SOUTHOLD, a municipal corporation of the State of New York,
having its office and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part.
WITNESSETIt
That the party of the first part, in consideration of ten ($10.00) dollars, lawful money of
the United Stated, and other good and valuable consideration paid by the party of the second part,
DOES ItEREBY GRANT AND RELEASE unto the party of the second part, its
successors and assigns forever, the DEVELOPMENT RIGHTS, by which is meant the
permanent legal interest and right, as authorized by Section 247 of the New York State General
Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for
agricultural production as that term is presently def'med in Chapter 25 of the Code of the Town
of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than
agricultural production, to the property described as follows:
PARCEL "A"
All that certain piece or parcel of land situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk, State of New York, being bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southwesterly side of Bridge Lane
with the southeasterly side of Oregon Road;
THENCE South 45 degrees 15 minutes 35 seconds East along the southwesterly side of Bridge
Lane 676.17 feet;
THENCE South 45 degrees 39 minutes 45 seconds West 491.32 feet;
THENCE South 47 degrees 35 minutes 55 seconds East 250.37 feet;
THENCE South 45 degrees 39 minutes 45 seconds West 150.24 feet;
THENCE North 47 degrees 35 minutes 55 seconds West 999.38 feet to the southeasterly side of
Oregon Road;
THENCE North 51 degrees 44 minutes 30 seconds East along the southeasterly side of Oregon
Road 677.10 feet to the point and place of BEGINNING.
Said parcel of land consisting of approximately 11.5850 acres of land.
PARCEL "B"
All that certain piece or parcel of land situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk, State of New York, being bounded and described as follows:
BEGINNING at a point at the westerly comer of the within described interior parcel of land, said
point being the following two (2) comes and distances from the corner formed by the intersection
of the southwesterly side of Bridge Lane with the southeasterly side or Oregon Road:
1)
2)
South 51 degrees 44 minutes 30 seconds West 677.10 feet;
South 47 degrees 35 minutes 55 seconds East 999.38 feet to the true point or place
of beginning.
THENCE North 45 degrees 39 minutes 45 seconds East 150.24 feet;
THENCE South 47 degrees 35 minutes 55 seconds East 399.99 feet;
THENCE South 44 degrees 00 minutes 35 seconds West 150.06 feet;
THENCE North 47 degrees 35 minutes 55 seconds West 404.32 feet to the point or place of
BEGINNING.
Said parcel of land consisting of approximately 1.3848 acres of land.
Said premises are sold subject to an electric easement recorded in Liber 1293 Page 28.
TOGETHER with the non-exclusive right, if any, of the party of the first part as to the
use for ingress and egress of any streets and roads abutting the above described premises to the
center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first
part in and to said premises, insofar as the rights granted hereunder are concerned.
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto
the party of the second part, its successors and assigns forever.
2
AND, the party of the first part covenants that the party of the first part has not done or
suffered anything whereby the said premises have been incumbered 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 to comply with Section 13 of the
Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of
the Southold Town Code is as follows:
"Agricultural Production - shall mean the production for commercial purposes of crops,
livestock and livestock products, but not land or portions thereof used for processing or
retail merchandising of such crops, livestock or livestock products. Land used in
agricultural production shall also include fences, equipment storage buildings, livestock
barns, irrigation systems, and any other structures used exclusively for agricultural
purposes."
The party of the first part and the party of the second part do hereby covenant and agree
in perpetuity that either of them or their respective heirs, successors, legal representatives or
assigns, shall only use the premises on and after this date for the purpose of such agricultural
production and the grantor covenants and agrees that the underlying fee title may not be
subdivided into plots by the filing of a subdivision map pursuant to Section 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.
This conveyance is made in the regular course of business actually conducted by the party
of the first part and upon the consent of all its stockholders.
IN wrrNESS WIIEREOF, the party of the first part has duly executed this deed the day
and year first above written.
3
LIEB VINEYARD, ENrC.
Mark )('?Lie b '
Its Vice President
1777
STATE OF CONNECTICUT )
) SS: Stamford
COUNTY OF FAIRFIELD )
On the/~'- day of April, 1996, before me personally came MARK A. LIEB to me
known, who, being by me duly sworn, did depose and say that he resides at 100 Rockwood Lane,
Greenwich, Connecticut that he is the Vice President of Lieb Vineyard, Inc., the corporation
described in and which executed the foregoing instrument; thal-he-kT~,¢w; *&c gcak-of--said
corpo~tion;, that t.he ~d affixeu~o sa~a instrument is such corporate seal; Mat ~t w-w~ so affixed
byx~rdevq3Ltb~ Rnard~of D~.eto ' ' , d that he signed his name thereto by like
order.
Notary Public
My commission expires:
BPTl/53831. l/JPW/106926.1
MY ~ ~ ~,., Ja3uary 31, O0 ~-
(Seal)
4
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 AND
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 $osts, 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
Secretary President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(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 records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this po[icy;
(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
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM I PA10
~LTA Owner's Poiic¥ (10-~7-92! Valid Only If Schedules A and B and Cover Are Attached
OF INSURANCE:
DATE OF POLICY:
$ 110,243.30
04/16/96
NAME OF INSLrRED:
The Tow~ of Southold
SCHEDULE A
POLICY NO. 206-082086
TITLE NO. RH960482
THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Developmental Rights
TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
A deed of Development Rights mad~ by Lieb Vineyard, Inc. to the
Insured dated 4/16/96 and duly recordede 6/6/96 in Liber 11777 cp
161 in the Office of the clerk for the County of Suffolk.
4. THE LAIFD REFERRED TO IN THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SITUATED IN THE
COUNTY OF SUFFOLK, STATE OF NEW YORK, AArD IS IDENTIFIED AS FOLLOWS:
SEE SCHEDULE "A" ATTACHED
Authorized Officer or Agent
SCHEDULE B
EXCEPTIONS FROM COVERAGE
POLICY NO.
TITLE NO.
206-082086
P~q960482
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 Lieb Vineyard, Inc. to Southern New England Farm Credit, ACA dated'
1/6/94 and duly recorded 1/20/94 in Liber 18762 mp 329 in the amount of $155,000.00
in the Office of the Clerk for the County of Suffolk.
Agricultural Assessment in Liber 11665 cp 645.
The assessed valuation on the premises herein are listed as partially exempt for
taxation at the present time, but will be su]Dject to the discontinuance of such
exemption and the imposition of an additional tax upon the transfer of title or
possession from the exempt owner.
Survey made by Smith and Jung, dated 6/23/93, shows vacant land; also shows edge of
pavement encroaches 5 feet southeast of northwesterly corner of premises and farm
field encroaches 30 feet, more or less, northwest of southeasterly line. No other
encroachments shown.
Company excepts any state of facts since date of above survey.
Unpaid water charges to date, if any.
Rights or claims of parties other than THE INSURED in actual possession of any or
all of the property.
Subject to 1995/1996 second half real estate taxes.
subject to unpaid Franchise Taxes vs Lieb Vineyard, Inc., to date.
COMMONWEALTH LAIRD TITLE INSURANCE COMPANY
STANDA~RD MEW YORK ENDORSEMENT
OWNER' S POLICY
To be attached and made a part of Policy Number: 206-082086
1. The following is added to the insuring provisions of the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof,
and which has now gained or which may hereafter gain priority over the estate or
interest of the insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) . If the recording date of the instruments creating the insured interest is later than
the policy date, such policy shall also cover intervening liens or encumbrances,
except real estate taxes, assessments, water charges and sewer rents."
tlhingherein contained shall be construed as extending or changing
the
effective
date
of
said
icy, unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the
policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations
therein, except as modified by the provisions hereof.
Dated: 04/16/96
COMMONWEALTH LAND TITLE INSURANCE COMPANY
VICE PRESIDENT AND BRANCH M~NAGER
COMMONWEALTH LAND TITLE INSURANCE COMPANY
TITLE NO. R~960482
SCHEDULE A
THE PREMISES iN WHICH THE INSURED ~AS THE ESTATE OR INTEREST COVERED BY THIS POLICY
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southwesterly side of Bridge
Lane with the southeasterly side of Oregon Road;
RLTN-NING THENCE South 45 degrees t5 minutes 35 seconds East along the southwesterly side
of Bridge Lane 676.17 feet;
THENCE South 45 degrees 39 minutes 45 seconds West 491.32 feet;
THENCE South 47 degrees 35 minutes 55 seconds East 650.36 feet;
THENCE South 44 degrees 00 minutes 35 seconds West 150.06 feet;
THENCE North 47 degrees 35 minutes 55 seconds West 1403.07 feet to the southeasterly
side of Oregon Road;
THENCE North 51 degrees 44 minutes 30 seconds East along the southeasterly side of
Oregon Road 677.10 feet to the point or place of BEGINNING.
FOR COICVEYANCING 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.
OF TITLE.
B 1190-1
Compare ma5 pursue an) litigauon to finai determinauon bx a court (31
compe[em )urisdic,on and expressl3 reserves the right, in ils sole discretion.
(di in all cases where thi~ poli% permits or requires the Compan3
prosecute or provide for the defense of any actmn or proceeding, lhe
insured shall secure to Ihe Company the right to so prosecute or provide
defense in Ihe acuon or proceeding, and all appeals therein, and permit the
Compan> Io use. al tls option, thc name of the insured for this purpose
Whenever requested by the Compan). thc insured, at the Company's
expense, shall give the Compan3 all reasonable aid (U in an> acnon or
proceeding securmg evidence, obtaining wdnesses, prosecuPng or
defending the action or proceeding or effecting seltlemenl, and {ii) m an~
other lawful act which in the opmmn of the Company max be necessarx
desirable Io establish the title to the estate or intefesl ~s insured If'the
Compan> is premdiced b) Ihe failure of thc insured to furnish the reqmred
cooperatmn. Ihe Companys obligations Io the insured under the policx
shall lermmate, including an3 liabild) or obhgaqon lo defend, prosecute, o'r
continue an5 liugalmn, with regard to the matter or mallets reqmrmg such
5. PBOOF OF LOSS OR DAMAG~:.
In addition to and after the Ilottces required under Section 3 of Ihesc
Conditions and SPpulations have been provided the Company. a proof
loss or damage signed and sworn to b! the insured claimant shalI be
furnished ~o the Company within 90 days after the insured claimant shall
ascertain Ihe facts g~vmg rise to the loss or damage The proof of loss or
damage shall describe the defect in. or lien or encumbrance on the title, or
other mallet insured against by Ihis policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculaling the amount of the loss or damage, If the Company ~s prejudiced
by the failure of the insured claimanl to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liabilil) or obligation to defend, prosecule, o~
continue any li,gation, with regard to the matter or mailers requiring such
proof of loss or damage
In addition, thc insured claimant ma5 reasonably be required to submit
In exammation under oath by any authorized representative of thc
Compan3 and shall produce for cxafiunation, inspection and copying, al
such reasonable times and places as ma3 be designated b3 any authorized
representative of thc Compan3, all records, books, ledgers, checks.
correspondence and memoranda, whether bearing a date before or after
Dale of Policy. which reasonably pertain Io the loss or damage Further, if
requested b) any authorized representative of thc Company . the insured
claimant shall gram tis permission, in wining, for anx authorized
representative of Ihe Company to examine . inspect and cop'3 ali records
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonabb pertain to the loss or dar~age
All information designated as confidential by the insured ctaimanl provided
to the Company pursuant to this SecPon shall nOl be disclosed to others
unless, in the reasonable judgement of the Company. it is necessar~ in the
administration of the claim Failure of the insured claimanl m sugmit for
parties as required in this paragraph shall terminate an) liabild~ of the
Company under this policy as Io that claim.
6. OPTIONS TO PAY OR OTHERWISE SETrLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under Ibis polic), the Compan> shall have the
following options:
la)To Pa3 or Tender Payment of the Amount of Insurance
this policy together with any costs, attorneys' fees and expenses incurred
thc insured claimant, which were authorized by the Company, up to
ume of paymant or tender of paymem and which the Company is obliga-
ted to pay.
Upon the exercise by lhe Company of this optiom all liabildy and
obligations to the insured under this puli%, other than ~o make the
payment required, shall terminate, including any liabitd~ or obliga,on to
defend, prosecme, or conbnue any litigatmn, and th~ policy shall be
surrendered to the Company for cancellation
(b} To Pay or Otherwise Settle With Parties Other ihan the Insured or
With the Insured Claimant.
(il to pay or otherwise seltle with other parties for or in the name
of an insured claimant any claim insured agmnsl under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimam which were authorized by the Compan3 up to time of payment
and which the Company is obligated to pay: or
(ii) to pay or otherwise settle with the insured claimanl the loss or
damage provided for under this policL together with any costs, attorneys'
fees and expenses ~ncurred by the insured claimanl which were authorized
by the Company up to the time of pavmenl and which the Compan) is
obligated Io pay
Upon the exercise by the Compan) of either of the up,ohs provided for
m paragraphs (bi(ii or (ii), the Company's obliga,ons to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made~ shall terminate, including any liabildy or obligation
defend, prosecute or continue any litigation.
Condl and Stipulations Continued Inside Cover
CONTROL NO. ~'05-gig~0gb
CONDITIONS AND STIPULATIONS
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
~o T,his policy is a conlract of indemnity againsl actual monelary loss or
age suslained or incurred by thc insured claimanl who has suffered loss
r damage by reason of matters insured against by Ibis policy and only to
lite extent herein described.
(a) The liability of the Company under Ihis policy shall nol exceed the
leasl of:
ti) the Amount of Insurance stated in Schedule A; or,
(ii) Ihe difference between the value of lhe insured estate or interes~ as
insured and the value of Ibc insured eslale or inleresl subject Io Ihe defect,
lien or encumbrance insured againsl by Ibis policy
(b) In the event the Amount of Insurance staled in Schedule A al the
Date of Policy is less fllan 80 percenl of the value of Ihe insured eslate or
inleresl or the full consideration paid for Ihe laed, whichever is less, or if
subsequenl lo the Date of Policy an improvemenl is creeled on lbo land
which increases Ihe value of die insured estale or interesl by al leasl 20
~eorCenl over the Amounl of Insurance slaled in Schedule A, Ihen lhis
licy is subject Io the following:
(ii where no subsequenl improvemenl has been made. as to ally parlial
loss, die Company shall only pay Ibe loss pro rata in Hie proportion thai
tbe amount olinsurance al Date of Policy bears to Ihe Iotal value {if the
insured estale or interest at Dale of Policy; or
(ii) where a subsequent improvement has been made, as to any parlial
loss, the Company shall only pay tile loss pro rata in Ihe pro *ortion that
120 percent otlhe Amount of Insurance staled ill Schedule A bears 1o the
sum of the Amount of Insurance slated ill Schedule A and the amount
expended for the improvemenl.
The provisions of Ibis paragraph shall not app[y to cosls, attorneys' fees
and expenses for which the Company is liable under Ibis policy, aud shall
only apply to Ihal portion of ally loss which exceeds, in Ihe aggregate, l0
percent of the Amounl of Insurance stated in Schedule A.
(cl The Company will pay only those costs, athlrneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulalions.
8. APPORTIONMENT.
If the land described in Schedule A consists of Iwo or more parcels
clt a~e not used as a single site, and a loss is established affecting one or
re of Ihe parcels bul not all, the loss shall be computed and seHled on a
rata bas~s as if the amount of insurance under this policy '.,.'as divided
pro tala as to tbe value on Date of Policy of each separate parcel h~ the
whole, exclusive of any improvements made subscquem to Date of PoEcy,
unless a liabi[ity or value has odterwise been agreed upon as to each parcel
by the Company and the insured at the lime of the issuance of this policy
policy.
9. LIMITATION OF LIABILITY.
(a) If ~he Company establishes Iht lille, or removes the allt'gcd dc[~ct,
land, or cures the claim of unmarkelabildy of title, all as insured, in &~
reasonably diligenl manner by any method, inc]eding litigation and the
completion of any appeals Iherefrom, il shall have hilly perfornled ils
obligalions with res ~ect to Ihal matter and shall nol be liable fl. any loss
(b) In Ibc event of any liligalion, including liligalion by Ibc Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determinalion by a court of
compelenl jurisdiction, and disposition of all appeals therefrom, adverse Io
the title as insured.
(c) Tile Company shall not be liable for loss or damage 1o any insurcd
for liabilily volunlarily assutned by the insured in settling any claim or still
without, the prior wrilten consenl of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments tinder this policy, exceJ~t payments made [or cosls,
11. LIAEIUTY NONCUMULATIVE
it is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B or to
sich,the insured has agreed, assumed, or taken subject, or which is
eafler executed by an insured and which is a charge or lien on the
ate or interest described or relerred to In Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner,
12. PAYMENT OF LOSS.
NM 1 PA 10
(Continued)
(b) When liability and the extent of loss or damage has been definilely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days Ihereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever tbe Company shall have settled and paid a claim under this
policy, all righl o[ subrogation shall vest in the Company unaffected by
any act o[ tbe insured claimant.
The Conlpany shall be subrogated to and be entitled Io all rights and
remedies which Ihe insured claimant would bare had againsl any person or
property in respect to the claim had tbis policy not been issued If
requesled by the Company, thc insured claimant shall transfer to tile
Cmnpany all righls and remedies against any person or property necessar '
in order Io perfecl Ibis right of subrogalion The insmed claimant
pcrmil tile Company In sue, compromise or sallie in the name of the
Iransacfion or liligation involving these rigths or remedies,
If a paymenl on accoum of a claim does nol fully cover the loss of the
insured claimanL Ihe Compauy shall be subrogaled to these rights and
remedies in the proportion which the Company's paymcnl bears lo Iht
Ir' loss shouhl result from any act of Ihe insured claimanL as stated
above, that act shall nol void this policy, but the Company, iu {hal event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed thc amount, if any. lost to the Compm{y by
of subrogalion
(b) The Company's Rights Against Non insuled Oblignrs
The Company's rig}fl {if subrogalion againsl non-insured obligors shall
exist and shall inchlde, without limitation. Ihe ri?his of Ihe insuled
which provide for subrogalion rights by reason {if this policy
14. ARBITRAllON
NEW YORK STATE OFFICE
655 Third Avenue
New York, New York 10017
(212) 9494)100
OWNER'S POLICY OF
TITLE INSURANCE
0o47-~2)
Commonwealth
Title Insurance Since 1876
1700 Marker Street [ Philadelphia, PA 19103
B 1190-3
NEW YORK OFFICES
NEW YORK CITY
655 Third Avenue
New York, New York 10017
(212) 949-0100
ALBANY
286 Washington Ave. Extension
Corporate Plaza West
Albany New York 12203
(518) 452-4525
BUFFA LO
298 Main Street
Buffalo, New York 14202
(716) 853-6800
GARDEN CITY
1325 Franklin Ave. Suite I01
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 10606
(914) 949-0002
NATIONAL ilI'LE 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
2004 SUFF~
~UNTY TAX MAP
File View Tooiber Help
)'3.-1-3.4 473889 Soulhdld Reactm:~ated,
Lleb VIneya~d Lc Ro Yea J2005 Cu~Y~ Landn
15750 Oregon Rd Lend S ze 12 9G acle~ ':~: .:
Ownei To a :1
Name'. Lmeb Vmne~aid LLC ~C County: :~;;~; !00
Street: 14990 0regon Rd ~ Sch~ ~00,
POBox: 907
City: Cutchogue. NY Zip: 11935- Sch~ff~r: 100
S~le ~o~l: 0 Site 1 6~ 1
Book Page Bale Date Bale Price Owner Prpcl=:
Nbhd Cd:
Sewe
Exemption Total 1 Term Own Building
Code Amoun Yea Pc
41720 AG DIST ' 1.500 0 0
Special Dist[icl To~a): 4 , Value / .~J Impr~em~t
Code uni~ pc[ Type MoveTax~r~pe~.
FD029 Cutcho ue FE 00 .00 00
PK090 Cutch New S~ .gO .O0 ,00 ~l
Print~ the sc~een
~ TOWN
b ¢.', -- 7J - l-~r
OF $OUTHOLD PROPERTY
able
SEAS. VL
IMP. TOTAL DATE
2 r----i Ob
V l LLAGE
'~
COMM. CB. MICS.
REMARKS
RECORD CARD
I D:T. SUB. LOT
~'PE OF BUILDING
Mkt. Value
'-LI
FRONTAGE ON WATER
odland FRONTAGE ON ROAD
:dowla~d DEPTH
~se Plot BULKHEAD
Date of Sale: ............................................................................. 1/20/94
Selling Price: ............................................................................ $209,000
Grantor: ........................................... The Society for the Propagation of the Faith
Grantee: .............................................................................. Lieb Vineyard
Improvemmts: ...................................................................... vacant farmland
SCTM/~: ............................................................................. 1000-73-1-3.4
Parcel Size: ............................ : ............................................... 12.96 acres
Location: .......................................................... Bridge Lane, Cutchogue, NY 11935
Condition: ................................................................................... typical
Price per acre: ............................................................................................... $16,127
Zoning: ............................................................................................ A-C
Liber/page: .............................................................................. 11661/108
Data Source: ................................................................................ grantor
Utilities: .................................................................................... typical
Highest/Beg Use: .......................................... current zoning with improvements
1997 photo
27
A
E
R
I
A
L
S
~regon Rd, Cutchogue 12;9698 acres
S
U
R
V
E
Y
REF, ONLY: i000-073-0t~p/0 O0~,J; ~O007084~OS-P/O, O04
BRIDGE
LANE
o.-~.,. S 45'-J5'-35" E 576. J7'
TO LIEB VINEYARD
AREA = ~i.5850 Acres
SE T MONUM~
999.38'
N 47'-35'-55" ~1
TOTAL AREA = i2.g698 Acres
SURVEY CERTIFIED TO:
LIEB VINEYARD,
LAWYERS TITLE
INC.
INSURANCE CORP.
~pra~Sstona! Eandcsurveyor
120 Medford Avenue
pa[chogue, NY ~772
Phone: 475-3~g2
SET H§NUMENT
Sca]b:
i INCH = 80 FEET
OTHER LAND OF THE
S 47°-35'-55" E 650,35'
~ ASIP TO LIEB VINEYARD
~ ~ AREA = 1.3B48 Acres
~403.70'
240
SET MOmeNT
N/F
RcSUINN[GL
OTHER LAND OF LIEB VINEYARD, INC
SURVEY
OF PROPERTY
CUTCHOSUE
TO#N OF SOUTHOLD
SUFFOLK COUNTY
NEH YORK