HomeMy WebLinkAboutSidor, Barney1000-115-2-9.3
(f/k/a 1000-115-2-p/o 9.1)
Baseline Documentation
Premises:
17905 Route 25
Mattituck, New York
18.14 acres
Development Rights Easement
BARNEY SIDOR
to
TOWN OF SOUTHOLD
Deed dated December 12, 2001
Recorded January 14, 2002
Suffolk County Clerk - Liber D00012163, Page 328
SCTM #:
Premises:
1000-115-2-9.3
(f/k/a 1000-115-2-p.o 9/1)
17905 Route 25
Hamlet:
Mattituck
Purchase Price:
Funding:
$362,800.00
(18.14 buildable acres
$20,000/acre)
Agricultural Land
Preservation Capital
Fund & Open Space
Capital Fund
CPF Project Plan:
n/a
Total Parcel Acreage:
20.14 acres
Development Rights:
18.14 easement acres
(n/k/a SCTM #1000-115-2-9.3)
Reserved Area:
Zoned:
2.0 acres
(n/k/a SCTM #1000-115-2-9.2)
A-C
Existing Improvements:
In November 2001 -
cultivated field with one well and
dirt farm road
A. DESCRIPTION
1. LAND
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The subject is a vacant parcel of land having an area of 18.136_+ acres. It is generally
rectangular in overall shape but is narrow (east-west). it has an estimated average width
of 325_+' and is approximately 2,520_+' north to south. It has 235.5+' of frontage along the
northerly side of Main Road and its northerly border abuts the railroad tracks of the L.I.R.R.
The above dimensions have all been approximated from the Suffolk County tax map,
the deed of the overall property, and a survey provided by the client.
In the addenda to this report, we have included a copy of the Suffolk County Tax Map
which shows the entire property of which the subject of this appraisal is a portion of, and
a sketch plotted from the meets and bounds described on the survey.
The subject has a generally level topography and is mostly cleared, it is situated at
or near road grade and is currently vacant.
Utilities (electric and telephone) are available along Main Road. There is no public
water along Main Road at the subject's frontage, although the Suffolk County Water
Authority has indicated this area to be a future potential water main location.
Main Road is a two way, two lane, publicly maintained macadam paved roadway.
Land use surrounding the subject is primarily vacant and improved residential
properties.
_GIVEN
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Tax Map Location
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Zoning Map ]
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PHOTOGRAPHS OF SUBJECT
View of Subject - Facing Northerly
View of Subject ~ Facing Northerly
Year 2001
PHOTOGRAPHS OF SUBJECT
Facing Westerly Along Main Road
Facing Westedy Along Main Road
Year 2001
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LAND PRESERVATION COMMITTEE MEETING
TUESDAY, AUGUST 21, 2001 AT. 7:30 P.M.
MINUTES
Present were: Dick Ryan, Ray Blum, Reed Jarvis, Fred Lee, Ray Huntington, Melissa
Spiro, Marian Sumner and Christina from Traveler Watchman.
· Barney Sidor - 115-2-9A - Ray Huntington made the contact with Barney Sidor. This is
a new application. He would like to see the land stay in farming. It is anal8 acre parcel.
Ray has seen him several times. We should move forward for an appraisal.
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Phase I
Environmental Site Assessment
Barney Sidor Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
property based on the four (4) basic components of a Full Phase I Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New
York. The subject property consists of a 20.5 acre parcel of land. The property is located on the
north side of Main Road (SR 25), approximately 1,650 feet east of Mill Lane. The property is
more particularly described as Suffolk County Tax Map # 1000-115-02-9.1.
The subject property consists mainly of farmland that is planted with corn. The southern portion
of the property contains a house and multi-bay garage that is not part of this report. A dirt access
road is located on the west and north sides of the property. The property is bordered on the north
by the Long Island Railroad (LIP_R) right-of-way. A 1,000 gallon above ground fuel oil storage
tank is located in the central portion of the property on the access road. An irrigation well is
located adjacent to this tank; however, no pump engine was present at the time of the site
inspection. No staining or stressed vegetation was observed beneath or in the vicinity of the
above ground tank or pump engine. No structures or foundations were located on the portion of
the subject property that part of this report.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Several Federal, State and County documented regulated
sites were noted in the vicinity of the subject property. Specifically, one (1) Inactive Hazardous
Waste Disposal Site (IHWDS) and six (6) spill incidents located within one-half(0.5) mile of the
subject property.
In conclusion, this assessment has revealed evidence of the following recognized environmental
conditions in connection with the subject property, subject to the methodology and limitations of
this report.
If the irrigation well is not being utilized, it is recommended that the 1,000 gallon above
ground fuel oil storage tank be removed and the well be closed in accordance with State
requirements. If the tank is removed, the soils beneath the tank should be visually
inspected to determine if any staining is present indicating a prior release had occurred.
If the property is to be utilized for residential purposes in the future, the soils should be
sampled and analyzed for the presence of pesticides, lead and arsenic.
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Barney Sidor Property, Mattituck
Phase I ESA
FIGURE 1
LOCATION MAP
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Marfatooka
Lake
Source: Precision Mapping 1995-1996
Page 7 of 24
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FIGURE 2
SITE MAP
1,(
Source: Suffolk County Assessors
Barney Sidor Property, Mattituck
Phase I ESA
NORTH
Page 9 of 24
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FIGURE 3
GROUNDWATER CONTOUR MAP
Barney Sidor Property, Mattituck
Phase I ESA
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.753324
(,REA?
pEC~ONIC
BAY
,. .~ / ~ % -% ..... _~ , ~es~:¥,,~ ,
Source: SCDHS, 1999 NORTH
Page 15a of 24
OVERVIEW MAP - 693021.3s - Nelson, Pope & Voorhis LLC
~ Target Property
· . Sites at elevsf~ons higher than
or equal to the target property
,, Sites at eleva§ons lower than
the target property
· Coal Gasification Sites (if requested)
] National Priority Cist Sites
] Landfill Sites
I I TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
iLAT/LONG:
Barney Sidor Properly
Main Road
Mattituck NY 11952
41.0012 / 72.5194
0 1/2 1
'
,,."~ Oil & Gas pipelines
] 10(]-year flood zone
[] 500-year fleod zone
CUSTOMER:
CONTACT:
INQUIRY#:
DATE:
Nelson, Pope & Voorhis LLC
Steven J. McGinn
693021
October 17, 2001 4:34 pm
DETAIL MAP - 693021.3s - Nelson, Pope & Voorhis LLC
-.t Target Property
I ~ Sites at elevations higher than
or equal to the target property
· Sites at eievalJons lower than
the target property
I ~ Coal Gasification Sites (if requested)
" Sensitive Receptors
] National Priority List Sites
[] L2,ndfill Sites
TARGETPROPERTY:
ADDRESS:
CITY/STATE/ZIP:
LAT/LONG:
~,.~.~ Power transmission lines
,¢~¢ Oil & Gas pipelines
[] 100-year flood zone
] 50g-year flood zone
Barney Sidor Property
Main Road
Mattituck NY 11952
41.0012 / 72.5194
CUSTOMER:
CONTACT:
INQUIRY #:
DATE:
Nelson, Pope & Voorhis LLC
Steven J. McGinn
693021.3s
October 17, 2001 4:34 pm
PHYSICAL SETTING SOURCE MAP - 693021.3s
/
Ma. jo r Roads
Contour Lines
Water Wells
Public Water Supply Wells
Groundwater Flow Direction
Indeterminate Groundwater Flow at Location
Cra undwate r Flow Varies at Loc, ation
Cluster of Multiple Icons
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(~) Earthquake epicenter, Richter 5 or greater
~ Closest Hydrogeologi~al Date
TARGET PROPERTY:
ADDRESS:
CITY/STATE~IP:
LAT/LONG:
Barney Sidor Property
Main Road
Mattituck NY 11952
41,0012 / 72.5194
CUSTOMER:
CONTACT:
INQUIRY#:
DATE:
Nelson, Pope & Voorhis LLC
Steven J. McGinn
693021.3s
October 17, 2001 4:34 pm
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ELIZABETH A. NEV'ILI,E
TOWN CLERK
REGISTB. AR 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 (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 690 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 9, 2001:
RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday, October 23, 2001, at 7:05 P.M., Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing for the purchase of development rights
of agricultural lands for a certain parcel of properS, owned by Barney Sidor.
Said property is identified as SCTM #1000-115-2-9.1. The property is located on the north side
of Main Road, approximately 1650 feet east of Mill Lane in Mattituck. The development rights
easement comprises approximately 18 acres of the 20.136 acre farm. The exact area of the
development rights easement is to be determined by a town provided survey, acceptable to the
Land Preservation Committee, prior to the contract closing. The purchase price is $20,000.00
(twenty thousand dollars) per acre.
Elizabeth A. Neville
Southold Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or
Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board of the
Town of Southold hereby sets Tuesday, October 23, 2001 at 7:05 p.m., Southold Town
Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for
the purchase of development fights of agricultural lands under for a certain for the purchase
of development rights of agricultural lands for a certain parcel of property owned by Barney
Sidor.
Said property is identified as SCTM #1000-115-2-9.1. The property is located on the
north side of Main Road, approximately 1650 feet east of Mill Lane in Mattituck. The
development rights easement comprises approximately 18 acres of the 20.136 acre farm. The
exact area o~'the development rights easement is to be determined by a town provided
survey, acceptable to the Land Preservation Committee, prior to the contract closing. The
purchase price is $20,000.00 (twenty thousand dollars) per acre.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is 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 business hours.
Dated: October 9, 2001
BY ORDER OF THE SOUTHOLD TOWN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON OCTOBER 18, 2001, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Land Preservation Committee
Department of Land Preservation
Barney Sidor
Town Clerk's Bulletin Board
PUBLIC HEARING
OCTOBER 23, 2001
7:00 P.M.
ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF SDOR,
SCTM #1000-115-2-9.1
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: May we have the reading? This is a public heating on purchase of
development rights on the agricultural lands of Sidor.
COUNCILMAN MURPHY: This gives me great pleasure to read this one. "WHEREAS, the Town
Board of the Town of Southold held a public hearing on the question of the purchase of development
rights of agricultural lands for a certain parcel of property owned by Barney Sidor on the 23rd day of
October 2001, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or
Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were
given the opportunity to be heard; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold purchase the
Development Rights of these agricultural lands, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the
development rights of a certain parcel of property of agricultural lands owned by Barney Sidor~
said property identified as SCTM# 1000-115-2-9.1. The development rights easement comprises
approximately 18 acres of the 20.136 acre farm. The exact area of the development rights easement is
to be determined by a town provided survey, acceptable to the Land Preservation Committee prior to
the contract closing. The purchase price is $ 20,000.00 (twenty thousand dollars) per acre pursuant to
the provisions of Chapter 25 and/or Chapter 6 of the Code of the Town of Southold.
Further Notice is hereby given that more detailed description bf the above mentioned parcel of land is
on file in the Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by
any interested person during business hours. Dated: October 9, 2001. By Order of the Southold Town
Board, Elizabeth A. Neville, Southold Town Clerk." We have a notice that it was published in the
Suffolk Times, that it was on the Town Clerk's Bulletin Board, there is no correspondence on the file.
SUPERVISOR COCHRAN: You have heard the reading of the public notice on the purchase of
development rights, agricultural lands of Barney Sidor. At this time I would ask Ray Huntington, who
is a member of the Land Preservation Committee. Dick Ryan, our Chairman and Melissa Spiro, who is
working is head of the department. She is the only one in the office, but she is head. They had to go to
a meeting up in the County tonight. They are working for us, but they are in Riverhead. Mr.
Huntington would you like to present?
RAY HUNTINGTON: The notice that was just read by Mr. Murphy concerned the purchase of
development rights on the Sidor Farm, the Barney Sidor Farm. That farm of course is here on the Main
Road about one mile east of Love Lane in Mattituck. There is some things I would like to tell you
about this recommendation that is before you. They concern the setting and the price and the intent that
is involved. The Sidor Farm this year was planted mainly in com. Many of you know the two
umbrellas that stand here advertising red potatoes. Well, that is the right place. The farmhouse is right
here, and the barns are right in here. The reason for this being white as opposed to it being red in terms
of it's coding is that this part would be reserved to fit the two acre zoning for the farmhouse and the
barns. But, the eighteen acres that we speak of in the resolution is the red part here. This actual line is a
function of the survey that is in work right now. It will be two acres when it is finished. Here we have
crest of Bill Ruland's farm, which is already preserved shown in green. Here is the farm belonging to
Gladys Dickerson, and this is the farm belonging to the Rutkoski's. The land in this area, in this whole
general area is amongst the best anyway, really. It is superb farmland. I brought an exhibit to prove
that point. That is the kind of potatoes. That is enough for McDonalds for a year right there. That
potato was actually grown on the Rutkoski Farm next door, but the land in this area is none the less
excellent. That area also is our largest area of water, watershed area here. So, it is important fi:om a
preservation point of view. We would like to certainly preserve this piece here belonging to Barney
Sidor by buying the development rights, but it is important to look at that in the context of this whole
area. This purchase would be an important move in that context. About the price, now there has been a
lot of discussion about the price of development rights in the recent times, and perhaps for a long time,
but I would like to talk a little bit about that, if I may. Much of this is well know to you, but I would
like to cover that ground anyway. When we buy development rights that is to preserve agriculture. We
are really buying the right to put up houses per the zoning. If this were all to be built out we know the
number of houses would be a large number, and the town would be not the town that we currently
know. We consider the committee that is, your committee, it considers a number of factors when
arriving at this. This land is flat and straight. No sinkholes in it. It is all usable farmland. At the same
time it is relatively close to the hamlet center, so this land is valuable for farming and for residence.
We buy the development rights. In this case the development rights appear to worth $20,000 per acre.
This is the highest amount that has ever been paid in the Town of Southold, but this land is worth it.
This is the kind of land that we need to be preserving. Any other land in town incidentally, just to put
this in context as well, is going to be evaluated against the same criteria, and arrived at a price that
would reflect our best judgment as a recommendation to this Board as to what should be paid in order
to preserve the land. So, there might be prices that would be less than that amount in other places, and
prices more than that amount in other places, but each parcel' gets a very thorough evaluation in this
regard based upon a professional appraisal. That is how we arrived at the offer price here which as we
understand it has been accepted by Barney Sidor. I Want to make sure that I don't forget anything. I
guess just a word about intent. Mr. Sidor is ninety-two years old, and loves this land as much as he
loves his family. With his father and his three brothers they had over 400 acres in potatoes before.
Things have changed a little bit over time, but that has been where he is coming from. He was
educated in business at NYU, so he knows how to make these kinds of decisions. But his most intense
understanding is the land, and wonders it can create, and also the troubles that it can create, and I
assure you he enjoys them both. This is some of the best farmland anywhere, and we want to see this
land stay in agriculture. But, there comes a time in Mr. SidOr's case, and in any man's case when he
must do what is best to do for that time. He has come to that time where he has decided to sell the
development rights and keep this in farming by that mechanism. We as his neighbors by buying his
rights will enjoy the land staying in farming. Purchase of the development rights makes sense for both
the buyer and the seller, and that is the way we like to get these things together. Therefore the Land '
Preservation Committee recommends that the Town Board move to purchase the development rights to
approximately eighteen acres of this farm according to the resolutions before you. I would be happy to
provide any answers to any questions you may have, and if there are no questions I would like to thank
you for the opportunity of being able to bring this kind of matter to this Board, and I would also like to
thank Bamey's granddaughter, and ask her to pass on our thanks because he has again made Southold
a better place.
SUPERVISOR COCHRAN: I would also introduce another member of the committee, Ray Blum. Do
you would like to add?
RAY BLUM: Ray Blum t~om Peconic, also a member of the Land Preservation Committee. Just
wanted to tell you that I think Ray skipped over the point that we really feel that this parcel is key to
the whole area of Mattituck, and even the western portion of Cutchogue. That all the farmland in that
area, we would like to see it all preserved. We felt that this was a key establishment point, and a nice
farm to go ahead with. Thank you.
SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board in relation to
the purchase of development rights on the Sidor Farm? (No response.) If not, we will close the heating.
Southold Town Clerk
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ELIZABETH A. NEVILLE
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 (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 705A OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 9, 2001:
RESOLVED that the Town Board of the Town of Southold finds that pursuant to the SEQRA
roles and regulations the purchase of approximately eighteen (18) acres of Development
Rights from the property identified as SCTM # 1000-115-2-9.1, located on the north side of
the Main Road~ approximately 1650 feet east of Mill Lane in Mattltuck and currently
owned by Barney Sidor will not have a significant adverse environmental impact.
Elizabeth A. Neville
Southold Town Clerk
stme Em*lronQmrm.[ O..llly
SHORT ENVIRONMENTAL A~E~SMENT FORM
For UNU~TED ACTIONS
PART 1--PRO~/ECT INFORMATION (To be completed by Applicant or Proje;t spon.~r)
SEQB
110. DOES ACllON INVOLVEA PE~MiTAPPROVA~ OR FUIJ/~H~ MOWOR UL~T~.¥ FROM ,M4Y OTHER (~OVE~RNM~iTAL A.~,E~IOY (.~E/~
~ Atrf ~ OF '~I,JE ACTION I*IAVE A CIJIqlqG~'CY. VJU,,.ID
If the action is in the r.~stai Area, and you are a state a~-y, o .omit. ere the
~oastal .~seS~Tlent Form before IX'ooeedlng wflh this aseessment-
OVER
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ELIZABETH A. NEVILLE
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 (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 745 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 2'3, 2001:
WHEREAS, the Town Board of the Town of Southold held a public heating on the question of
the purchase of development rights of agricultural lands for a certain parcel of property owned
by Barney Sidor on the 23rd day of October 2001, pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and/or Chapter 6 (Community Preservation Fund) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold purchase
the Development Rights of these agricultural lands, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the
development rights of a certain parcel of property of agricultural lands owned by Barney
Sidor, said property identified as SCTM# 1000-115-2-9.1. The development rights easement
comprises approximately 18 acres of the 20.136 acre farm. The exact area of the development
rights easement is to be determined by a town provided survey, acceptable to the Land
Preservation Committee prior to the contract closing. The purchase price is $ 20,000.00 (twenty
thousand dollars) per acre pursuant to the provisions of Chapter 25 and/or Chapter 6 of the Code
of the Town of Southold.
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
BARNEY SlDOR to TOWN OF SOUTHOLD
Development Rights Easement - 18.14 acres
SCTM #1000-115-2-p/o 9.1
18.14 buildable acres @ $20,000/acre
Total Parcel Acreage = 20.14 acres
Reserved Area -- 2.0 acres
Premises: 17905 Route 25, Mattituck
Closing held on Wednesday, December 12, 2001 at 9:00 a.m.
Southold Town Hall, 53095 Route 25, Southold, New York
Purchase Price:
Payable to Barney Sidor
(12/2101)
$ 362,800.00
Expenses of Closing:
Appraisal
Payable to Patrick A. Given, SRPA
(10/9/01)
Survey
Payable to John C. Ehlers, Surveyor
(12/4/01)
$ 1900.00
$ 4000.00
Environmental Report
Payable to Nelson, Pope & Voorhis
(12/12/01)
$ 1400.00
Title Report
Payable to Commonwealth Land Title Ins. Co.
(12/12/01 )
Title policy $1,920.00
Deed recording $ 100.00
$ 2020.00
Title Closer Attendance Fee $ 50.00
Payable to Karen Hagen, Esq.
(12/12/01)
Those present at Closing:
Gregory F. Yakaboski, Esq.
' Barney Sidor
Laurie Krom
Ann Krom
Richard F. Lark, Esq.
Karen Hagen, Esq.
Melissa Spiro
Ray Huntington
Bill Edwards
Attorney for Town of Southold
Seller
for Seller
for Seller
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Committee
Land Preservation Committee
_GIVEN
rASSOCIATES
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306
(631) 360-3474
FAX 360-3622
September 17, 2001
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, NY 11971
Appraisal of Real Property of Barney Sidor,
Located Northerly side of Main Road, Mattituck, NY
S.C.T.M. #1000-115-2-9.1
Appraisal #2001219
$1,900.00
JOHN C. EHLERS LAND SURVEYOR
6 East Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax: 631-369-8287
Invoice
Date Invoice #
11/6/2001 20820
Bill To
Town of Southold
Town Hall
Southold, N.Y. 11971
Your Client
Town of Southold with Barney Sidor
Date of Service
11/6/2001
11/6/2001
Description
Boundary Survey of approximately 20.5 acre parcel
Preparation of map for two acre set off
SCTM# My Job #
1000-115-2-9.1
2001-291
Amount
3,500.00
500.00
Common.? ait h
OTitle No.: RH80014139
Applicant: TOWN OF SOUTHOLD ATTORNEY
Applicant #: 10001445
Premises: MAZN Road, MATrTTUCK, NY 11952
Date of Closing:
Purchaser: TOWN OF SOUTHOLD
Date Printed:
Order Type:
Sales Rep:
County:
Closer:
December 7, 2001
Purchase/Resale
CHRZSTOPHER MCKEEVER
SUFFOLK
FEE SHEET
[TEM ~z~.T~t~) ~ ..~ AMOUNT ITEM AMOUNT
Fee [nsurance~l-~b~.00 $ ~7~.oo Recording Fees $
Hortgacje [nsurance ~ o.~0 f~).~ Deed 1oo.oo
Second Hortgage $ 0.00 Mortgage
Third Mortgage ~ o.oo Satisfaction of Mortgage
Survey -
Departmental Searches -
Certificate of Occupancy
Street Report
Bankruptcy
Sewer Search
Housing and Building Transfer Taxes
Fire NYS Transfer Tax
Emergency NYC RPT
ional Taxers IqansJon Tax
UCC's County
UCC's State
8.1 Environmental
Waiver of Arbitration
Condo Endorsement Mortgage Tax
Mortgagor
Mortgagee
Escrow Service Charge
Escrow
Special Deliver~
TOTAL CHARGES $
RECEZPTS
CHECKS PAYABLE TO Commonwealth Land Title Znsurance Company (Circle One)
Buyer/Seller
Buyer/Seller
Buyer/Seller $
Buyer/Seller $
CHECKS PAYABLE TO OTHER THAN Commonwealth Land Title Znsurance Company (Circle One)
Buyer/Seller $
Buyer/Seller
Buyer/Seller $
TOTAL RECEZPTS $
*NOTE Rates & charges herein are subject to change based on the rates in effect at the time of closing.
177 Old Country Road, PO Box 419
Riverhead, NY 11901-0203
Phone: 631-727-7760 Fax: 631-727-7818
R
E
C
O
R
D
E
D
D
E
E
D
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 8
TRANSFER TAX NUMBER: 01-22436
District:
1000
Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
115.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$362,800.00
01/14/2002
04:14:40 PM
D00012163
328
Lo t:
009.001
Received the Following Fees For
Page/Filing $24.00
COE $5.00
EA-STATE $25.00
Cert. Copies $0.00
SCTM $0.00
Comm. Pres $0.00
TRANSFER TAX NUMBER: 01-22436
THIS PAGE IS
Above Instrument
Exempt
NO Handling
NO EA-CTY
NO TP-584
NO RPT
NO Transfer tax
NO
Fees Paid
A PART OF THE INSTRUMENT
Exempt
$5.00 NO
$5.00 NO
$5.00 NO
$ ~ooo NO
$0.00 NO
Sqq. oo
Edward P.Romaine
County Clerk, Suffolk County
FEB - 5 2<)(;i'
TOWN ATTORNEY'S OFFICE
TOWN OF $OUTHOLD
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf, #
Deed / Mortgage Instrument
41
Page / Filing Fee -
Handling
Notation
EA-5217 (County)
EA-5217 (State)
Comm. of Ed. 500
Affidavit
Certified Copy
Reg. Copy
Otber
Deed / Mortgage Tax Stamp
FEES
Sub Total
Real Property T~x Service Agency Verification
Dist. Section B lock Lot
1000 115.00 02.00 009.001
Satishctions/Discharges/ReleasesListPropertyOwners Mailing Address
RECORD&RETURNTO:
OFFICE OF THE TOWN ATTORNEY
GREGORY F YAKABOSKI ESQ
TOWN HALL, 53095 ROUTE 25
P 0 BOX 1179
SOUTHOLD NY 11971-0959
RECORDED
2002 Jan 14 04:14:40 PM
Edward P.Romaine
CLERK OF
SUFPOLK COUNTY
L 000012163
P :528
Recording / Filing Stamps
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec./As$it
Or
Spec./Add.
TOT. MTG. TAX
Dual Town Dual County-
Mansion Tax
The property covered by this mortgage
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
__ of this instrument.
Community Preservation Fund
Consideration Amount $ 3 6 2.t 8 0 0.0 0 '
CPF Tax Due
[mproved
Vacant Land X
TD
TD
Title Company Information
ICo. NameCormmonwealth Land Title Insurance Company
Title # RNS0014139
Suffolk County Recording & Endorsement Page
This page forms part of the atlached
BARNEY SIDOR
TO
TOWN OF SOUTHOLD
Deed of Development Rights
(SPECIFY TYPE OF INSTRUMENT )
'lhe premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of Southold
ht the VILLAGE
or HAMLET of Mattituck
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 I~t~ day of December, 2001,
BETWEEN BARNEY SIDOR residing at 17905 Main Road, Mattituck, New York,
party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of THREE
HUNDRED SIXTY-TWO THOUSAND EIGHT HUNDRED ($362,800.00)
lawful money of the United States and other good and valuable consideration
paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by section
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town 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:
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,
bounded and described as follows:
BEGINNING at a monument on the northerly side of Main Road, (S.R. #25) at
the southwesterly corner of the premises herein described and the southeasterly
corner of land now or formerly Ernest F. Dickerson;
RUNNING THENCE North 35 degrees 15 minutes 10 seconds West along said
land, 95.31 feet;
THENCE North 35 degrees 04 minutes 10 seconds West still along said land and
later along land now or formerly Gladys T. Dickerson, 2518.32 feet to a
monument and the Long Island Rail Road;
THENCE North 46 degrees 16 minutes 20 seconds East along the Long Island
Rail Road, 327.80 feet to a monument and land now or formerly Henry M.
Rutkowski and wife;
THENCE along said last mentioned land:
(1) South 35 degrees 29 minutes 30 seconds East, 1299:74 feet;
(2) South 34 degrees 57 minutes 40 seconds East, 952.60 feet;
(3) South 31 degrees 15 minutes 40 seconds East, 105.28 feet; and
(4) South 26 degrees 00 minutes 00 seconds East, 61.94 feet;
THENCE South 64 degrees O0 minutes O0 seconds West, 293.76 feet;
THENCE South 35 degrees 04 minutes 10 seconds East, 195.42 feet;
THENCE South 35 degrees 15 minutes 10 seconds East, 105.80 feet to the
northerly side of Main Road, (S.R. #25);
THENCE South 77 degrees 35 minutes 50 seconds West along said northerly
side of Main Road, (S.R. #25), 27.14 feet to the POINT OR PLACE OF
BEGINNING.
THE PREMISES BEING CONVEYED are a part of the premises described in the
deed to the grantor recorded in Liber/Reel 349e-page 32,3.
2
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, its successors and assigns,
forever;
AND the party of the first part covenants that the party of the first part has
not done or suffered anything whereby the said premises have been encumbered
in any way whatever, except as aforesaid. The party of the first part, as a
covenant running with the land in perpetuity, further covenants and agrees for the
party of the first part, and the heirs, legal representatives, successors and
assigns of the party of the first part, to use the premises on and after the date of
this instrument solely for the purpose of agricultural production.
AND the party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, successors and assigns of the party of the first part,
that the parcels of real property described herein are open agricultural lands
actually used in bona fide agricultural production as defined in GML section 247
as shall remain open lands actually used in bona fide agricultural production.
This covenant shall run with the land in perpetuity.
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 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 Sections 265, 276 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 underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. This covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
4
ascertaining site conditions and for inspection of the premises for compliance
with this agreement. This covenant shall run with the land in perpetuity.
THE party of the first part, its heirs, legal representatives, successors and
assigns of the party of the first part covenants and agrees that it shall indemnify
and hold party of the second part and any of its officers, agents, employees, and,
their respective successors and assigns, harmless from and against any and all
damages, claims, losses, liabilities and expenses, including, without limitation,
responsibility for legal, consulting, engineering and other costs and expenses
which may arise out of (1) any inaccuracy or misrepresentation in any
representation or warranty made by seller in this agreement; (2) the breach or
non-performance of any covenants required by this agreement to be performed
by the party of the first part, either prior to or subsequent to the closing of title
herein; or (3) any action, suit, claim, or proceeding seeking money damages,
injunctive relief, remedial action, or other remedy by reason of a violation or non-
compliance with any environmental law; or the disposal, discharge or release of
solid wastes, pollutants or hazardous substances; or exposure to any chemical
substances, noises or vibrations to the extent they arise from the ownership,
operation, and/or condition of the premises prior to or subsequent to the
execution of the deed of Development Rights. This covenant shall run with the
land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereafter be alienated, except upon the affirmative vote of
5
a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial
town election. No subsequent amendment of the provisions of this subsection
shall alter the limitations imposed upon the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run with
the land in perpetuity.
The following shall be a covenant running with the land in perpetuity
subject to the Town receiving grant money from the New York State Department
of Agriculture reimbursing the Town for the partial or total purchase price of this
interest in land: "all amendments to the approved easement (the covenants and
restrictions set forth in this Deed) must be authorized by the New York State
Department of Agriculture". This covenant shall run with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller:
BARNEYSIDOR ¢
Purchaser:
TOWN OF SOUTHOLD
JI~AN W. COCHRAN, SUPERVISOR
6
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)$$:
On the Jl ~ day of December, 2001, before me personally appeared
BARNEY SIDOR, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same and that by his
signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
Ne~'Y PW~k~, 81ate of New York
(~Imlll~-AT'4,~,eo0 - 8uffo~ Oeel~
RECORDED
2002 Jan 14 04:14:40 PM
Eduard P.Romaine
CLERK OF
SUFFOLK COUNTV
L D000!2163
P 528
DT# 01-22456
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On the l~th day of December, 2001, before me personally appeared
JEAN W. COCHRAN, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity
as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the
instrument, the individual, or the municipal corporation upon behalf of which the
individual acted, executed the instrument.
Notary Public LJ
MELANIE DOROSKI
NOTARY PUBLiC, State ol New Yof~
No. 01D04634870
Qualified in Stlflotk County
Commission Expires September 30,
7
T
I
T
L
E
P
0
L
I
C
Y
ISSUED BY
COMMOW~t~LT~ Ia~D Tl~£ I~4SUR~C~ COMVta~
Commonwealth
A LANDAMERICA COMPANY
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, 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, hul only lo 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.
Attest:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
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.
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 wblch 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 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
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA10
ALTA Owner's Policy (10/17/92)
Face Page
Form 1190-1A
ORIGINAL
Valid only if Schedules A and B and Cover are attached
.UEt, IZ, ZUUI- ~:]/~1¥1 ~ bLIJt KiWKHEAU
I~U. 411 r, Z/5
File No.: RH80014139
9 Common, w lth
SCHEDULE A
Amount of Znsurance; $362,800.00
D~te of Policy~ December 12; 2001
Policy No,: RH800~-4139
Name of Insured;
TOWN OF SOUTHOLD~ a municipal corporation
The estate or interest in the land which is covered by this poliCy
Development Rights
Title to the estate or interest in the land is vested in.'
TOWN OF SOUTHOLD~ a municipal corporation
deed made by BARNEY $IDOR to the INSURED dated December 12f 2001 end to be recorded in
tBhYe Office of the Clerk/Register of SUFFOLK County.
The lend referred to in this policy is described on the annexe~ Schedule A - Description,
Fee Policy Insert
DEC. 12,2001 9:29AM CLTIC RIVERHEAD N0,413 P. 2
File No,; RH80014139
SCHEDULE B
Exceptions from Coverage
This policy does not insure against loss er damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of the following:
1. Agricultural Commitment Agreement recorded in Liber/Reel 3.0305 page 3.36.
2. Survey made by John C. Ehiers dated November 2, 2001 shows premises as unimproved, but
cultivated, vacant land. (a) dirt farm roads traverse premises. No other variations shown.
3. Company excepts possible Development RJght~ of others than the insured, in, to, and over the
unpaved dirt roads as shown on the survey herein as described in Schedule 'A", but policy will insure
that the use for Open Space Preservation and Water Protection will not be disturbed by reasor~ thereof
and that fee title remains in the insured. (For use where the County of Suffolk is the purchaser)
4. 2.001/02 Town and school taxes.
Fee Policy Inser~
"DEC. 12.2UU1- 9:]SAM , CLIJC KiVbKHbAD NU.~II ~. ~/~
File No,: RH800~.4139
SCHEDULE A - DESCR/PTZON
ANIENDED 12/07/01
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, bounded and described as follows:
BEGZNN[NG at a monument on the northerly side of Main Road, (S.P,, # 25) atthe southwesterly corner of the
premises herein described and the Southeasterly corner of land now or formerly Ernest F. Dickerson;
RUNNING THENCE North 35 degrees 15 minutes 10 seconds West along said land, 95.31 feet;
THENCE North 35 degree 04 minutes 10 seconds West still along said land and later along land now or
formerly Gladys T. Dickerson, 25[8,32 feet to a monument and the Long island Rail Road;
THENCE North 46 degrees ).6 minutes 20 seconds East along the Long island Rail Road, 327.80 feet to a
monument and land now or formerly Henry M. Rutkowski and wife;
THENCE along said last mentioned land:
(1) South 3S degrees 29 minutes 30 seconds East, [2.99.74 feet;
(2) South 34 degrees 57 minutes 40 seconds East, 952.60 feet;
(3) South 32 degrees 15 minutes 40 seconds East, [05.28 feet; and
(4) South 26 degrees O0 minutes 00 seconds East, 61.94 feet;
THENCE South 64 degrees 00 minutes 00 seconds West, 293.76 feet;
THENCE South 35 degrees 04 minutes 10 seconds EaSt~ 195.42 feet;
THENCE South 35 degrees 15 minutes l0 seconds East:~ 105.80 feet to the northerly side of Main Road, (S.R.
# 25);
THENCE South 77 degrees 35 minutes 50 seconds West along said northerly side of Main Road, (S.P-. # 25),
2-7.14 feet to the POINT OR PLACE OF BEGINNING.
Fee Policy Insert
Commonwealth
File No.: RH80014139
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLTCY)
ATTACHED TO AND MADE A PART OF POLI'CY NO. RH80014139
TSSUED BY
COMMONWEALTH LAND TI'TLE I'NSURANCE COMPANY
The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereafter gain priority over the estate or interest of the insured
as shown in Schedule A of this policy."
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."
Nothing herein contained shall be construed as extending or changing the effective date of the policy 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: December12~ 2001
Issued at:
Commonwealth Land Title Znsurance Company
177 Old Country Road, PO Box 419
Riverhead~ NY 11901
By
Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92)
TQ10037NY (07/00)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
Thc following terms when used in this policy mean:
(a) "insured": thc insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to thc interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees~ survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impar{
constructive notice of matters affecting the land.
(dj "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of Ihe area
described or referred to in Schedule A, nor any righl , litle~ interest, estate
or easement in abutting streets~ roads, avenues, alleys, lanes~ ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(0 "public records": records eslablished under state statutes al Date of
Policy for thc purpose of imparting constructive notice of matters relaling
to real property to purchasers for value and without knowledge, With
respecl to Section I(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter affecling
the title Io the lan& not excluded or excepted from coverage, which would
entitle a purchaser of the estate or inlerest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long
~insured shall have liability by reason of covenants of warranty made
the
by the
'~ insured in any transfer or conveyance of the estate or interesL This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money morlgage given to Ibe insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in wriling (i) in case of
any litigabon as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interesl which is
adverse to the title to the estate or inleresl, as insured, and which might
cause loss or damage for which the Company may be liable by virlue of
this policy, or (iii) if tide to lhe eslate or interesL as insured, is rejected as
unmarketable. If prompt notice shall not be given lo the Company. then as
to the insured all liability of the Company shall terminate with regard to
the matter or mallets for which prompl notice is required: provided,
however, that failure to notify the Company shall in no case prejudice Ihe
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by tile insured and subject to the optmns
contained in Section 6 of Ihese Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation In which any third party asserts a claim
adverse to the title or interest as insured, bul only as to those stated causes
of action alleging a defect, lien or encumbrance or olher matter insured
againsl by this policy The Company shall have the right to select counsel
of its choice (subject Io the right of the insured to object for reasonable
cause) to represent ~he insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel The
Company will not pay any fees, costs or expenses incurred by Ihe insured
in the defense of those causes of action which allege matters not insured
against by this policy
(b) The Company shall have thc right, at *ts own cost, ID institulc and
,rosecute any action or proceeding or Io do any olher act which In ils
,pinion may be necessary or desirable to eslablish Ihe title to the estale or
interest, as insured, or to prevent or reduce toss or damage Io the insured
The Company may take any approprtale action under the terms of this
policy, whether or not il shall be liable hereunder, and shall not thereby
concede liability or waive any provision of Ihis policy If the Company
shall exercise its righls under this paragraph, il shall do so diligently
B 1190-1A
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company maypursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(dj In all cases where this policy permits or requires the Company to
prosecute or provide for Ihe defense of any action or proceeding, the
insured shall secure to the Company the righl to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use. at its oplmn, the. name of the insured for this purpose.
Whenever requesled by the Company, the insured, al the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawfld act which in the opinion of the Company may be necessary or
desirable to eslablish the title to the estale or inlerest as insured If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obtigalion to defend, prosecute, or
continue any litigation, with regard to the matter or malters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn ~o by the insured claimant shall be
furnished to the Company within 90 days after the insured claimanl shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defecl in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminale, including any liability or obligation to defend, prosecute, or
continue any litigation, wilh regard to the mallet or matters requiring such
proof of loss or damage.
In addition~ the insured claimant may reasonably be required to submit
to examination under oalh by any authorized representalive of the
Company and shali produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books~ ledgers~ checks,
correspondence and memorand& whether bearing a date before or after
Date of Po[icy~ which reasonably pertain to the loss or damage~ Further, if
requested by any authorized representabve of Ihe Company , the insured
claimant shall grant its permission, in writing, for any authorized
representabve of the Company to examine , inspect and copy alt records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage~
All informalion designaled as confideutial by the insured claimanl provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company. it is necessary in Ihe
administration of the claim Failure of Ibe insured claimant ~o submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminale any liability of the
Company under lhis policy as to that claim
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a)To Pay or Tender Payment of the Amount of Insurance
To pay or tender paymenl of the amount of insurance under
this policy logether with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by thc Company, up to the
time of paymant or tender of payment and which ~he Company is obliga-
ted to pay
Upon Ihe exercise by the Company of this optmm all liability and
obligabons 1o the insured under this policy, other Ihan ~o make lbe
paymenl required, shall terminate, including any liability or obligation lo
defend, prosecule, or cominue any litigation, and the policy shall be
surrendered Io the Company for cancellation
(b) To Pay or Otherwise Sctlle With Parties Olher than the Insured or
Wilh the Insured Claimanl
(i) to pay or otherwise scule with other parbes for or m lhe name
of an insured claimant any claim insured against under this policy, together
wilh any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by lhe Company up to brae of paymem
and which the Company is obligated to pay~ or
(ii) to pay or otberwise settle witll tile insured claimant the loss or
damage provided for umler Ihis policy, togelher wilh any costs, attorneys'
fees and expenses incurred by thc insured claimant which were authorized
by the Company up to the time of paymenl and which the Company is
obligated to pay
Upon the exercise by tile Company of either of the oplions provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the paymenls
required to be made~ shah lcrminate, including any liabilily or obligalion to
defend, prosecute or continue any litigation.
Conditions and Stipulations Continued Inside Cover :
· '~ .......... ;~ fll., - NTI ;:) q~ q. q
UONIII'I'IONb AND ~;TIPULATIONS
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
ti) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of lhe insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequenl to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
gercenl over the Amount of Insurance stated in Schedule A, then this
obey is subject to the following:
ti) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion Ihal
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay'the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to lhat portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shah be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Po]icy,
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of tit]e, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, il shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the evenl of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any nsured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. UABlUTY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien oil the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to thc satisfdction of Ihe Company.
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Cover Page ~RI~INAI
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, ihe insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of Ihe
thsured claimant, the Company shall be subrogated Io Ibese rights and
remedies in the proportion which the Company's payment hears to the
whole amount of the loss
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company. in thai event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties~ other policies of ~nsurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation righls by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amounl of
Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys~ fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereoL
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon requesl
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements if any, attached hereto
by the Company is the ent re policy and contract between the insured and
the Company. In interpreting any provision of this policy, lhis policy shah
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence.
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
PresMent, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforccab[e
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be g~ven the Company and any statement in writing required
to be furnished the Company shall include the number of this policy and shall be
addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia
23261-7567.
Valid Only If Face Page, Schedules A and B Are Attached
NEW YORK OFFICES
NEW YORK STATE OFFICE
655 Third Avenue
New York, New York 10017
(212) 949-0100
FAX: (212) 983-8430
BUFFALO
37 Franklin Street, Suite 100
Buffalo, New York 14202
(716) 853-Po800
FAX: (716) 8536806
GARDEN CITY
1325 Franklin Ave. Suite 160A
Garden City, New York 11530
(516) 742-7474
FAX: (516) 742-7454
NEW CITY
17 Squadron Boulevard, Suite 302
New York, New York 10956
(845) 6;~4-7070
FAX: (845) 634-8513
RIVERHEAD
177 Old Country Road
Rivenhead, New York 11901
(631)727-7760
FAX: (631) 727-7818
ISLANDIA
1777-6 Veterans Memodal Hwy
Islandia, New York 11722
(631) 232-3503
FAX: (631) 232-3617
WHITE PLAINS
50 Main Street
White Plains, New York 10606
(914) 949-O002
FAX: (914) 949-0180
NATIONAL TITLE SERVICE
655 Third Avenue
New York, New York 10017
(212) g4g-01 O0
OWNER'S POLICY
TITLE INSURANCE
(10-17-92)
OF
AMERICAN L~ND TrtcE ASSOC~A~ON'
Commonwealth
Title Insurance Since 1876
HOM£ OFF[Gm
101 Gateu~ay Centre Parkway, Gatewa7 One
Richmond, Virginia 23255-E155
B 1190-3
A WORD OF THANKS .....
As we make your policy a part of our permanent
records, we want to express our appreciation
of this evidence of your faith in Commonwealth
Land Title Insurance Company.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
Commonwealth Land Title
Insurance Company
P.O. Box 27567
Richmond, Virginia 23261-7567
TOLL FREE NUMBER: 1-800-446-7086
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NYS DEPARTMENT OF AGRICULTURE AND MARKETS
I am the owner of 18.14 acres of active farmland and/or -0- acres of non-farmland,
situated at Suffolk County Tax Map No. 1000-115-2-9.1, that is proposed to be acquired by
the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section
305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to
require the Town of Southold to file with the Commissioner of Agriculture and Markets and
the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of
Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and
Markets Law.
Project Sponsor
TOWN OF SOUTHOLD
By:
ochran, Supervisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631)765-1889
Landowner
Barl~ey Sid~)r /1 '
17905 Main Ro~l
Mattituck, NY 11952
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
)SS:
On the 1..~th day of December, 2001, before me personally appeared JEAN W.
COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged
to me that she executed the same in her capacity as Supervisor of the TOWN OF
SOUTHOLD; that she knows the seal of said municipal corporation; that the seal affixed to
said instrument is such corporate seal; and that by her signature on the instrument, the
individual, or the municipal corporation upon behalf of which the individual acted, executed
the instrument and affixed the seal thereto by like order.
N~t~r~ Public ~ - '
MELANIE DOROSKI
NOTN~¥ PUBLIC.State of New Ymk
No. 01D046~4870
Ou~lifie~ in Suffolk Comlly ~
Commmto. bakes Seatembe~ 30,
STATE OF NEW Y.ORK )
COUNTY OF SUFFOLK )
)SS;
On the ~1 ~ day of December, 2001, before me personally appeared BARNEY
SIDOR, personally known to me or provided to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity as owner of the subject premises; and that by
his signature on the instrument, the individual, or the persons upon behalf of which the
individual acted, executed the instrument.
Notar~j.~dblic
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-5711
Fax (631) 765-1366
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
TO:
FROM:
RE:
Supervisor Cochran
Town Board
Town Clerk
Planning Board
Tax Assessors
Building Department
Data Processing
Melissa Spiro, Land Preservation Coordinator
Development Rights Acquisition
DATE:
December i9, 2001
Please be advised that the Town has purchased the Development Rights on the property listed below.
If you would like any additional information regarding the purchase, please feel free to contact me.
SCTM#:
OWNER:
PURCHASE DATE:
PURCHASE PRICE:
EASEMENT AREA:
MISC:
1000-115-2-9.1
Barney Sidor
December 12, 2001
$362,800 ($20,000 per acre)
18.14 acres
The development rights were purchased on 18.14 acres of the 20.14 acre
parcel. The development rights remain intact on the 2 acre.reserved area.
The 2 acre reserved area has not been subdivided from the area on which
the development rights have been purchased. Therefore, the 2 acre
Reserved Area remains as part of the larger parcel on which the
development rights have been purchased
The attached part of the survey shows the location of the reserved area.
encl.
CC~
~/Town Attorney
Land Preservation Committee
Peconic Land Trust
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2005
Tax
dk Count~
Book
SALE #7
LOCATION '.
DESCRIPTION :
GRANTOR :
GRANTEE :
LAND SIZE :
CONSIDERATION :
LIBER ! PAGE :
DEED DATE :
RECORDED DATE :
SUFFOLK TAX MAP :
PRICE PER UNIT :
17905 Main Road
Mattituck, NY 11952
Acquired Develop. Rights
Estate of Barney Sidor
Cheryl Forman
18.14 ± Acre(s)
$460,000.00
12307/93
2/24/2OO4
3/13/2OO4
1000-115-2-9.3
$25,358.32 per Acre
COMMENTS AND ANALYSIS
This is a sale of agricultural land without development rights. It was sold with an additional
lot improved with a house for $380,000 (additional).
Sale ID: 2439
GIVETN
Tax Map Location
File View Toolbar Help
17905 :~Rout~:~5 L~d S~z~. 18-)~ Oc~~ ~::~v~ ~ ..
Owner Total. I ~:~ ~:~;~ TaxableVa!~
kL~, r~-~;I Fofman ~'~* :~ County' /;:;~100~
Add Addr. ....
Sheet: 17905 Hain Road S:c~ool. ~ ~10~
PO Box: :
Book Page SaeDae SaeP~ O~e Prpos' Land
12307 093 02/24104 460.000 FO~man~ CherYl Nbhd Cd O ~
Exemption Total. 1 Tern Own Budding , :~:- Total:
41720 AG D ST 2~200 0 0 ~ ~
Spec a D st[ ~ ; To al:3 ~: Vaue / ~ Improve~nl:~.~:
Code Un~s Pct Type ~oveTax Type N~e ?
FD030 Matbtuck FD _ _00 00:00
PK071 Mattiluck Par .~ ~00 ~00. -
Prints the screen
View T~olb~;r He!p
Add Addr
PO Box
Qty: Hatbtuck. NY -? ZD: 11952- : Sch!~fler~ar. 8.100
Sale Toe' I ; S te 1 of 1
Book Page SaeDoe ~SaePrce Owner prp~: 1 Faml~Re* ~:
12307 092 02~24~04 :~380.000 Fo[man. Che~i
E,empt on Tool 0 Term Own Bu~ dng {::
Coda Amoun~ Year
Code Unit* Pc~ T~pe MovoT~X
Hattituck FD .00 .nn~_ - ~.flfl
FO03O
PKOZ1 Hattituck Pm .00 00 .00 ~
Prints the ~:creen
~.'~a,,I [],~o×-~,~a~o~ O~,ao~ Jl e"PS ver.,...-
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SOUTHOLD DEVELOPMENT RIGHTS EANEMENT MONITORING REPORT
(Field Version:, short property, n. ame~
Date of last visit Date of this visit -//7/0 ~
Tax Map #~ Easement acreage ~ ·
Location of P~perty ' -.--_. ~ ~ .- - - - - _ - -' ~1'~4"/~.. ~,~,
Purpose of Easement:
1. Current Owner(s):
Address:
Cheryl Forman
36020 Main Rd. Cutchooue.11935
Telephone No.
2. Contact Person, If different from above:
3. Prior notification required before visit? Yes ~
Specific terms?
Did owner/representative accompany the monitor? Yes
6. l. mud use: What are the present.land use practices? What are the future land use practices contemplated by the
landowners? Describe. Are they consistent with the terms of the easement? (cheek if disallowed by easement)
· Q,. Top Soil removed
Hmrdons substance generation
Hazardous substance storage
Hazardous substance disposal
Landfill
Waste disposal
F~xploration/extraction of minerals
Exploration/extroction of hydroearbons
Recreational activities degrading/compacting soil
Yes ~
Yes
Yes ~
¥~
¥~
¥¢$
7. Man-made alterations: Have there been any additions or deletions of man-made alterations to the property?
Fen. Y'es (~ Ponds Yes ~
Road Yes Trails Yes
Buildings Yes Power line~ Yes
Other Yes
If so, has the LPC been notified of the activity as per the easement? Describe.
8. Natural events: Have any natural events occurred since the last visit? Describe.
Flood Yes ~ Erosion Yes ~
Plant Disease Yes Vegetation Yes
Other Yes (non-native/invasive vegetation)
Are the restaratlon procedures, ff any, ~on~istent with the terms of the easement?
9. Outline any specific monitoring procedures required for this easement, if necessary.
10. Describe the use and conditions of the surrounding properties. Are any threats imposed upon the easement by the
current use of the adjacent properties?
]Exotic Species Yes No New Structures Yes No
Stormwater Runoff Yes No Other Yes No
· ':' " " '~ '" " ' ~'0 fro
Land Steward(s) Comments:
Landowner(s) Comments:
I(Vv'e), Ray Huntinqton [print], Monitor(s) for the SouthoM Town Department of Land Preservation
and/or Land Preservation Committee for the above property, agree that~this report is an accurate representation of the
physical con~f the property under th: easement.
Slgnature:Lnnd ' P reserv~°n C°mmittD~e:Member
lOVe), .... [printl, Owner(s) and/or Representative for the Owner(s) of the above
property, agree that this prepared report is an accurate representation of the physical condition of the property under the
easement.
Signature: Date:
Signature: Date:
MonotofingrepoFtform2,doc side 2of2
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-571 l
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Yonngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971~0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
October 31,2011
Cheryl Forman
36020 Main Road
Cutchogue, NY 11935
Re:
SCTM #1000-t 15.-2-9.3
Forman f/k/a Sidor
Request for deer fencing on property with
Town Development Rights Easement
Dear Ms. Forman:
The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the
Town Code and the easement on your property, reviewed the request you submitted on September 20.
2011, for deer fencing "as built" on the above mentioned property.
Section 70~5 C. (2) [3] of the Town Code requires that the Committee serve as a review board for
the granting of permits for the construction, reconstruction and additions of and to structures in or or
agricultural lands in which the development rights have been acquired by the Town.
Your request is for Land Preservation Committee approval of the placement of approximately 532
feet of "as built" deer fencing along the perimeter of the easement area.
The Land Preservation Committee did review and approve your request for the placement of said
deer fencing within the development rights easement area. Please note that the Committee's approval of
this use within the easement does not mean that such use has been approved or permitted by other
Town Departments or agencies as all improvements are subject to all applicable Town Code
requirements.
If you have any questions regarding the above, please call me.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
eno:
cc w/enc:
landowner's formal request and sketch plan
Planning Dept.
Building Dept.
MELISSA A. SPIRO
LAND PRESERVA'FION COORDINATOR
mdiss~-epi~town.soulhold.ny.us
Telephone (631 ) 765-57 ! 1
Facsimile (631) 765-6640
DEPARTMENT OF LAN']) PRESERVATION
TO'tN OF $OUTHOLD
OFFICE LOCATION:
Town g-hll
54375 State Route 25
(ourn~ of M~n Ed.& Yoougs Ave)
$ou~ho[d, New York
MAILING ADDRF_~:
P.O. Box [ 179
~outhoH, NY' 11971-0959~
,REQUEST for AEricultural Structure Placement on PDR Land
' T~xMalaNo. 1000- 115 2 .. ~.3
I. am .the .ownerl of the property, described below and on which, the 'Town
Hghts/conservafion epsement on or about... 12 / 12./2,001 (date).
Nameo[Owner(pleaseprint): , Cheryl Foreman . .
~la m e"(s~o~ previous owher. Barney Sidor ,
: (*d applicable}
Ma!!i~g Address:·
: Phon~Number..
' Properly Location:
36020 Main Rd
CutChoque, NY
11935
purchased a de~loprhent'
17905 Route 25 (Main Rd.), Mat~i~cuck
Usttype;size,:'anduseofeachagricukural structure proposed: ' "~. , ' .
· _ '. '-deer fencing !'as built" and shown on attached'sketch '
': SEP
· ' -. ~,E~ ~
moo. ~p, or.sketch plan) showing placement area' o! agricultural-St~'uctur~(s),
distance from property '
boundary lines, and any readily available information relating to your request.
'YoOmaY talk W th the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any 'of
the re~ula r m~qtings of the [and Preservation Committee.
Applicant
Please rel~u~rJ the completed form with attachments to:
Town o[ SouthOId -Land Preservation Departmeht
Dat~
*All attachmentS must be signed and dated by oroperty owner.
AUG-04-~003 17:03 NORTH FORK BANK SBFS 6~1 844 1464 P.02
A
E
R
I
A
L
S
2004 Aerial FORMAN Property f/k/a BARNEY SIDOR Property 17905 Rt 25, Mattituck 18.14 acres dev rights easement
purchased by Town on 12/12/01
2001 Aerial BARNEY SIDOR Property 17905 Rt 25, Mattituck 18.14 acres development rights easement purchased
by Town of Southold on 12/12/01
S
U
R
V
E
Y
SURVEY OF PROPERTY
SITUATE: CUTCHOGUE
TOWN: SOUTHOLD
SUFFOLK COUNTY, NEW YORK
SUPROLK COUNTY TAX HAP
1000-115-2-q.I
SU~-.V~YRIP NOV. 2, 2001
C,E:F~TIPI~E) TO:
TOI~IN OP SOUTHOLD
COMNIONkNEALTIq LAND TITLE
INSUF~ANC,~ C. ONIFIAN¥
FINAL
SURVEY
CUL TI ~A
FIELD
LAND NO/,.,/
EHLERo LAND
JOHN C."
6 EAST MAIN STREET
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287
SURVEY DR
N.Y.S. LIC. NO. 50202
REF-\~ltp server\d~PROS\01-291 .pro
NOV 13 2OOi
0 ~00 200
300
NIONUIM~NT POUND