HomeMy WebLinkAboutNierodzik, John1000-75-2-15.2
Baseline Documentation
Premises:
46035 Main Road (Rt 25)
Peconic, New York
18.42 acres
Development Rights Easement
JOHN NIERODZIK
to
TOWN OF SOUTHOLD
Deed dated February 28, 1986
Recorded March 6, 1986
Suffolk County Clerk - Liber 9991, Page 450
SCTM #:
Premises:
Hamlet:
Purchase Price:
CPF Project Plan:
Development Rights:
Zoned:
Existing Improvements:
1000-75-2-15.2
46035 Main Road
Southold
$77,351.00
($4,200/acre)
n/a
18.4169 acres
A-C
none
DESCRIPTION OF SITE AND VALUATION INFLUENCES
SITE DATA
Subject is located on the northwest side of the Main Road,
approximately 521 feet southwest of South Harbor Road. Subject
is irregular in shape (see map) with two frontages and contains
approximately 21.1 acres according to the Suffolk County Tax Map
with 2 acres to' be retained leaving 19.1 acres subject to
development rights purchase. Subject topography is rolling above
grade with no apparent standing water. Remainder parcel Size,
shape, saleability and ease of development would be rated', as
average to good. Water supply is private with sufficient
quantity of good quality water available. Soil is Type II;
predominately Haven-Riverhead Association according to the soil
maps prepared by the USDA Soil Conservation Service, with a small
portion shown as Riverhead Sandy loam 0-3% slopes. There has not
been any evidence of water supply contamination by pesticides or
other sources in this area based upon a map prepared by the
Suffolk County Department of Health Water Quality Services.
STREET IMPROVEMENTS
Subject is located on a public full width, state maintained two
lane road with improved shoulders, storm sewers and street
lights. Utilities available include electric, telephone and
cable TV.
VALUATION INFLUENCES
Ail commercial properties in the area are of a retail/personal
service type and are supported by the residential community.
Area is developed with a mixture of uses, mostly of an
agricultural or residential nature. Residences in the area are
predominantly detached, frame, single family structures of
varying ages and architectural styles maintained in fair to very
good condition. There are several agricultural concerns located
LARSEN APPRAISAL SERVICES .
L
DESCRIPTION OF SITE AND VALUATION INFLUENCES (con't)
around, the subject including vineyard, orchard, roDt crop and
nursery retail shop. All neighborhood support facilities are
located within a reasonable distance of the subject including
schools, shopping and recreation. Current demand in this area is
for additional residential sites.
9
LARSEN APPRAISAL SERVICES--
PRESENT USE
Present use of the subject is agricultural.
not considered to be the Highest and Best Use
is expected to continue. ~.
ZONING
The present use is
of the subject, but
Subject is zoned A:Agricultural-Residential and is governed by
the applicable Sections of Chapter 100 of the Code of the Town of
Southold-Zoning.
ASSESSMENT AND TAXES
Subject is assessed as vacant land, all tillage,
consideration given to the value of the root stock or
facilities such as wells, irrigation systems, etc.
1984-1985 Assessed Value R.E. Taxes
Land $ 8,400
Total $ 1,691.04
with no
support
10
LARSEN APPRAISAL SERVICES --
P
R
0
P
E
R
T
Y
V
I
S
U
A
L
S
Subject Property
~I LOcation Map )
C()['II'A[4 Alii,lC 2
...................... LAIISEN APPRAISAL SERVICES -
~]()HI)AI{A[H,['] ~
COHIb\i~AIH. I~ Z~
................................... LARSEN APPRAISAL SERVICES--
COHI~AI~AIH,I'; t~
................................. [-ARSEN APPRAISAL SERVICES --
C()HIb\iL,\I~I,I'i A
....... LARSEN APPRAISAL SERVICES--
(~(IHI'ARAI~,I,I', V,
................................. LARSEN APPRAISAL SERVICES
O
P
T
I
O
N
A
G
R
E
E
M
E
N
T
SOUTHOLD TOWN BOARD
OCTOBER 8, 1985
WORK SESSION
.Present: Supervisor Francis J..Murphy, Councilman Joseph L. Townsend, Jr.,
'Councilman James A. Schondebare, 'Councilwoman Jean W. Cochran, Town Clerk :Judith
T. Terry, Town Attorney Robert W."Tasker. Superintendent. of Highways Raymond C.
Dean. Absent:~ Justice Raymond .W. Ed~V~rds (Justice traimng sch~o. I), CounCilman
Paul' Stoutenburgh (out of the COuntry) ~
23. Moved by Supervisor Murphy, Seconded by Councilman Schondebare, 'it was
RESOLVED that the Town Board of the Town of S0uthold hereby authorizes and
dire,cts,Sup, ervisor Francis J. Murphy to execute Farmland Development Right
Acquisitions - Option Agreements for the following nine parcels:
1. Latham Farms, Inc., Main Road, Orient, 63.9 acres. '21.8 acres.
2. Albert Krupski, 'Jr., between Skunk Lane'and Little Neck Re, ad, Cutchogue,
3. John C. Tuthill, County Route qB, MatfltUck, 22.6 acres.
a. Fr~ank Cichanowicz..lll,.Main Road, Southold, 21-.2a ac~es..
5. John Nierodzik, Main Road, Southold, t8-I/2 acres.
6. John s[micich, Jr,,and Catherine .Simicich, Bergen Avenue, Mattituck, 39 acres.
7. Charles Simmons, Sound Avenue, MatUtuck,. 3zL6 acres.
· 8. Byron Horton, Main Road, Cutchogue, 50 acres.'
9. John Sepenoskl, Old North Road, S0uthold, 50 acres.
'23.-Vote of the ?own Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman"Towr~send, Supervisor Murphy. -
This resolution was declared duly ADOPTED. -:
OPTION AGREEMENT
THIS AGREEMENT made this day of
John ~iRrodzik. Main Road. ~outhold
, between
hereinafter described as the Optjonor, and the TOWN OF SOUTHOLD, a
municipal corporation of the State of New York having its office and principal
place of business at Main Road, Southold, New,York, hereinafter des(~ribed as
the Optionee.
WITNESSETH:
I. In consideration of the sum of Ten ($10.00) Dollars, paid by the
Optionee, the Optionor does hereby give and grant to the Optionee the
exclusive option, right and privilege to purchase the premises at
Main Road~ .qol]~hold
and more particularly described in Schedule A annexed hereto, made a part
hereof, and initialed by the parties hereto.
2. That this option shall continue in effect until~.12 o'clock midnight
on the 60th day after the Southold Town Board holds a public hearing on the
question of the acceptance of this option, as required and provided in Section
25-46 of Chapter 25 of the Southold Town Code. The Optionee represents that
it will hold such public hearing within 45 days from the date hereof. In the
event that the Optionee fails to hold such Il'earing within 45 days from the date
hereof, the Optionor shall have the right to terminate this option by giving
written notice of termination to the Southold Town Clerk.
3. The total purchase price shall be Four thousand ~wo hundred
Dollars per acre of land, to be paid by the Optionee, if this option is
exercised, as provided in the annexed form of agreement.
4. If this option is exercised by the Optionee as herein provided,
the Opt~onor and the Optionee will respectively as seller and purchaser perform
the obligations set forth in the form of agreement to be performed by the seller
and the purchaser therein, said form of agreement being 'annexed hereto and
madea part hereof~ and marked Exhibit A.
5. This option is to be exercised by the Optionee by written notice
signed by the Optionee and sent by registered or certified mail prior to the
expiration date, to the OptJonor at his address set forth above.
6. The deed conveying the Development Rights in the premises shall
be in the form annexed hereto and made a part hereof and marked Exhibit B,
iN WITNESS WNE. REOF~ the parties hereto have executed and
delivered this agreement the day and year first above written.
/Optionor
Optionor
STATE OF NEW YORK)
COUNTY OF SUFFO
o. th,s day of 1985, before me
personally came FRANCIS J. MURPHY, to me known, who being by me duly
sworn, did depose and say that he resides at Old Main Road, Mattituck, New
York; that .~e is the ~upervisor of th~ TOWN OF SOUTHOLD, th~ mun~c[p~l
corporation described in and which executed the above instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the Town Boar~ of said
corporation; and that he signed his name hereto by like order.
~ Notary Public
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the ~ ~d day
known to be the individual described in and who executed
instrument, and acknowledged that /~( executed the same.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the day of
me duly sworn, did depose and say that
1985, before me personally
to me
th~ foregoing
/
/
%
N ott~ry Pubh~c
, 1985, before me personally
to me known, who, being by
he resides at
that he is the of , the
corporation described in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the board of directors
of said corporation, and that he signed h name thereto by like order.
Notary Public
-3-
P
U
B
L
I
C
H
E
A
R
I
N
G
WORK SESSION
SOUTHOLD TOWN BOARD
.Present: Supervisor Francis 'J. Murphy, Councilman Joseph L. Townsend, Jr.,
Councilman James A. Schondebare, 'Councilwoman Jean W. Cochran, Town Clerk Judith
T. Terry, Town Attorney Robert W. Tasker. Superintendent of Highways Raymond .C.
Dean. Absent:, Justice Raymond W. Edwards (Justice training school), Counici'lman
Paul Stoutenburgh [out of the country}.
SUPERVISOR MURPHY: Number 24 is to set public hearings beginning at.8:00 P.M.,
Thursday, .November :'Yth, relative to the acquisition of development rights of nine
parcels under the Farmland Preaervati'on Program.
24. Moved by. Councilwoman Cochran, seconded by Councilman Schondebare, it'was
RESOLVED that the Town Board of the Town of Southold hereby schedules, the
followin~l pLlblic h.earir~s for the Acquisition Of Development Ri~lhts in A,¢lmcultural
. Lands.: be~l~nnin~ at 8:00 P.M.,: Tursday, November 7, 1985, South01d ~own Hall,
Main ,Road, SouthoId, New York:. · . · · ' -
Latham Farms; Inc., Mairf' Road, Orient, 63.9 acres. 21.8 acres.
Albert Krupski,. Jr., between Skunk Lane and Little Neck Road, Cutchogue,
John C. TuthiII, County Route ~8, Mattituck, 22.6 acres.
Frank Ci~:hanowicz III, Main Roa'd, Southold, 21.2~ acre~.
John Nieredzik, Main Road, Southold, 18-1/2 acres.
John Simicich, Jr. and Catherine Simicich, Bergen Avenue, Mattituck, 39 acres.
Charles Simmons, Sound Avenue, Mattituck, 34.6 acres.
Byron Horton, Main Road, Cutchogue, 50 acres.
John Sepenoski, Old North Road, Southold, 50 acres.
COUNCILMAN SCHONDEBARE: You've got the date November 7th'. Those. dates
run 45 days. '-. And then I remember I spoke' to a few of the Board members and I
spoke to' Bill Grigonis---
TO1NN CLERK TERRY: I know, I passed that on to the Supervisor and 'the Town
Attorne~.
COUNCILMAN SCHONDEBARE: Right. So_are we ~oing to stay with November 7th?
SUPERVISOR MURPHY: 'Bob feels we should so we can make sure we gat the other
three in.
COUNCILMAN TOWNSEND: Did ,Bill want to set it up sooner?.
COUNCILMAN SCHONDEBARE: Yes. -.Was it 30 days or 45 days?
TOWN CLERK TERRY: Forty-five days.
COUNCILMAN SCHONDEBARE: Bill wanted it as soon as possible.
COUNCILWOMAN COCHRAN: I still think 'you, re fur~ther ahead allowing for. those ~
:other th~ea to be signed.
COUNCILMAN SCHONDEBARE: Okay; as long as we took it under consideration. H
asked me.
-- 24.-Vote of the'Town Boardi Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Townsend, Supervisor Murphy.
This resolution.was declared duly ADOPTED.
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 7th day of November, 1985, at 8:00
O'clock I~.M., st th~ $~uthoid'Town'Hail; M~n Road, Southold~ New Y~rk on
the question of the acceptance of options for 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 Latham Farms, Inc., comprising approximately
63.9 acres located south of N.Y. Route 25 at Orient, New York.
2. A parcel of land owned by Albert J. Krupski, Jr., comprising
approximately 21.8 acres located on the east side of Little Neck Road,
Cutchogue, New York.
A parcel of land owned by David and Frank Chichanowicz, comprising
approximately 21.2a, acres of land located on the north side of N.Y.
Route 25 at Southold~ New York.
A parcel of land owned by John Nierodizik, comprising 18.5 acres of
land located on the north side of N.Y. F0~ute 25 at Southold, New York.
/
5. A parcel of land owned by ~Shn A. SepenoWski, comprising
approximately 58 acres [0cated on ~e north side of Old North Road at
Southold, New York,
A parcel of land owned by Byron Horton, comprising approximately 50
acres located on the north side of N.Y. Route 25 at Cutchogue, New
York.
7. A parcel of land owned by John C. Tuthill, comprising approximately
22.6 acres located on the north side of County Route 48 at Mattituck,
New York.
8. A parcel of land owned by John Simicich, Jr. and Catherine Simicich,
comprising approximately 39 acres located on the south side of Bergen
Avenue, Mattituck, New York.
9. A parcel of land owned by Charles P. Simmons and A. E. Nicholas, his
wife, comprising approximately 3~1.6 acres located on the north side of
Sound Avenue, Mattituck, New York.
FURTHER NOTICE is given that option agreements between the owners of
the above described parcels of land and the Town of $outhold, containing a
more detailed description of the above mentioned parcels of land, are on file
in the Southold Town Clerk's Office, Southold Town Hall, Main Road,
Southold New York, and may be examined by any interested person during
normal business hours.
Dated: October 8 , 1985
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
, ~/2Page
Legal Notice ~r Hearing
Acquisition of Development Rights
PLEASE PUBLISH ONCE, OCTOBER 2~I, 1985, AND FORWARD NiNE (9) AFFIDAVITS
OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD,
SOUTHOLD, NEW YORK 11971.
Copies to the ~llowing:
The Suffolk Times
The Long Island Traveler-Watchman
Town Board Members
Farmland Preservation Committee
Town Clerk's Bulletin Board
PUBLIC HEARING
SOUTHOLD TOWN BOARD
8:00 P.M.
November 7, 1985
ON THE QUESTION OF THE ACCEPTANCE OF OPTIONS FOR THE ACQUISITION, BY
THE TOWN OF SOUTHOLD, OF THE DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS.
Present:
Absent:
Deputy Supervisor Frank A. Kujawski, Jr.
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Supervisor Francis J. Murphy
DEPUTY SUPERVISOR KUJAWSKI: Our final hearing tonight is regarding the
development rights in the farmland program.
COUNCILMAN TOWNSEND: It gives me great pleasure to read this. It is a resul~'~
of a lot of work by a lot of people in the Town. "Notice is hereby given that pt?~'suant
to the provisions of the Agricultural Lands Preservation Law of the Town of Sou~hold,
constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of
Southold will hold a public Hearing on the 7th day of November, 1985, at 8:00 o'clock
P.M., at the Southold Town Hall, Main Road, Southold, New York on the question of
the acceptance of options for the acquisition, by the Town of Southold, of the develop-
ment rights in the following parcels of agricultural lands, to wit:
1. A parcel of land owned by Latham Farms, Inc., comprising approximately 63.9
acres located south of N.Y. Route 25 at Orient, New York.
2. A parcel of land owned by Albert J. Krupski, Jr., comprising approximately 21.8
acres located on the east side of Little Neck Road, Cutchogue, New York.
3. A parcel of land owned by David and Frank Cichanowicz, comprising approximately
21.24 acres of land located on the north side of N.Y. Route 25 at Southold, New
York.
A parcel of land owned by John Nierodizik, comprising 18.5 acres of land located
on the north side of N.Y. Route 25 at Southold, New York.
A parcel of land owned by John A. Sepenowski, comprising approximately 50 acres
located on the north side of Old North Road at Southold, New York.
A parcel of land owned by Byron Horton, comprising approximately 50 acres
located on the north side of N.Y. Route 25 at Cutchogue, New York.
A parcel of land owned by John C. Tuthill, comprisi.ng approximately 22.6 acres
located on the north side of County Route 48 at Mattituck, New York.
A parcel of land owned by John Simicich, Jr. and Catherine Simicich, comprising
approximately 39 acres located on the south side of Bergen Avenue, Mattituck,
New Yorl<. .
A parcel of land owned by Charles P. Simmons and A. E. Nicholas, his wife,
comprising approximately 34.6 acres located on the north side of Sound Avenue,
Mattituck, New York.
5.
6.
7.
8.
Page 2 - Development E. ts ~
Further notice is given that option agreements between the owners of the above
described parcels of land and the Town of Southold, containing a more detailed
description of the above mentioned parcels of land, are on file in the Sout'hold
Town Clerk's Office, $outhold Town Hall, Main Road, Southold, New York, and
may be examined by any interested persons during normal business hours. Dated:
October 8, 1985. Judith T. Terry, Southold Town Clerk."
This notice was published in The Suffolk Times, The Long Island Traveler-
Watchman, and posted on the Town Clerk's Bulletin Board.
DEPUTY SUPERVISOR KUJAWSKI.' Thank you, Joe. Is there anyone that has any
comments regarding this proposal?
ABIGAIL WICKHAM, ATTORNEY: I would like to submit an option agreement on behalf
of Mr. Simmons. I'm sorry it wasn't here earlier. We just concluded the release
negotiations on the mortgage today.
TOWN CLERK TERRY: Thank you.
DEPUTY SUPERVISOR KUJAWSKI: Are there any other comments regarding this
program? Ruth?
MRS. RUTH OLIVA, North Fork Environmental Council: We enthusiastically supported
the idea of a Farmland Preservation Program before its inception. Two years ago we
campaigned very hard for the referendum supporting this, and now we enthusiastically
endorse all these options and hope the Town will put them through. Thank you.
DEPUTY SUPERVISOR KUJAWSKI: Are there any other comments?
COUNCILMAN SCHONDEBARE: Frank, before we close the meeting, I think we ought
to give a very good round of applause and a thank you to the Farmland Preservation
Committee. They're sitting out there and I can't express our gratitude more. I know
it's a lot of work and a lot of hours and a lot of time and I think you finally reached
the end, hopefully. Thank you.
DEPUTY SUPERVISOR KUJAWSKI: Very good. May I have a motion to close the hearing?
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this hearing on the question of acceptance of options for the acquisition
of the development rights of agricultural lands be and hereby is closed at 8:05 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenbur§h, Justice Edwards, Councilman Townsend.
This resolution was declared duly ADOPTED.
Southold Town Clerk
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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765d801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 19~ 1985:
WHEREAS, the Town Board entered into an option agreement with John
Nierodzik for the purchzse of development rights in agricultural
lands, and
WHEREAS, the Town Board held a hearing with respect to said option
on the 7th day of November, 1985 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 said option agreement with John Nierodzik, now, therefore
be it
RESOLVED thatthe Town Board hereby elects to exercise the option to
purchase the agricultural rights in the aforesaid agricultural lands
owned by John Nierodzik, and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is author-
ized and directed to give notice of such acceptance to John Nierodzik, and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized
and directed to execute any and all required documents for the acceptance
of said development rights.
-Judith T. Terry ~/
Southold Town Clerk
R
E
C
O
R
D
E
D
D
E
E
D
INDENTURE
THIS INDENTURE, made this ~/~tday of ,ff~"ff/.7~;4~*/
/
JOHN NIERODIZIK
27910
· 198~ , between
residing at/~/~/ Mnin Rnnd Sn,~thold. New York
party of the first part, and the TOWN OF SOUTHOLD, a municipal corporation of
the State of New York, havings 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.
I;~',~.;~.:~?~ W ITNESSETH, that the party of the first part, in consideration of Ten and
'~1.~;-?' 00/100 ($10.00) Dollars, lawful money of the United States, and other good and
~/~/~/~ valuable consideration paid by the party of the second part, does hereby grant
0 I.C. ooo
and release unto the p/arty 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
Southold Town Code, and the right to prohibit or restrict the use of the premises
for any purpose other than agricultural production, to
ALL those pieces or parc'els of land, situate, lying and being in the Town
of Southold, County of SQffolk and State of New York, more particularly described
on Schedule A, attached hereto and made a part hereof, 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
'" REC FJVE. D ]
to the center lines thereof. $ ........ ~ ......... ,
REAL E~TATS ~
TRANSFL=RTAX
SUFFOLK
The party of the first part and
covenant and agree in perpetuity that
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 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
incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien
Law, covenants that the party of the first part will receive the consideration for
this conveyance and will hold the rights to receive such consideration as a trust
fund to be applied first for the purpose of paying the cost of the improvement and
will apply the same first to the payment of the cost of the improvement before
using any part of the total for the same for any other purpose. The party of the
first pa'rt,, 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.
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 roe. an the pr~oduction for commercial
purposes of crQps, livestock and livestock products,, but not land or
pdrtions 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 second part do hereby
either of them or their respective heirs,
, L452
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 and 277 of the Town
Law and Section 335 of the Real Property Law, or any of such sections of the Town
or Real Property Law or any laws replacing or in furtherance of them.
The word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first above written.
IN PR/-'S-'/ENCE OF
ATTE$:T.-E'D. AND APPRO~ED
Town Attorney
/ohn Nierodizik
Supervisor/
999-J. 453
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On this~ day of 198 ~, before me personally came
FRANCIS J. MURPHY, to me known, who being by me duty sworn, did depose and
say that he resides at Old Main Road, Mattituck, New York; that he is the
Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and
which executed the above instrument; that he knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Town Board of
name hereto by like order.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.:
said corporation; and that he signed his
Notary Public
/
/
NO'rAlly ~I~IC, Sla~ .f
On the~,,~ day of ~,~.~,~// , 198 ~, before me personally came
JOHN NIE~ODIZIK
to me known to be the individual(s) described .in and who executed the foregoing
in strument, and acknowledged that he executed the same.
'~' Notary Public
-4-
SCHEDULE A
ATTACHED TO AND FORMING A PART OF
AN INDENTURE FROM JOHN NIERODIZIK '~O.
or sour.oLD DATED
THE
TOWN
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Southold; County of Suffolk and State of New York, bounded and described as
follows:
BEGINNING at a .point on the northerly side of Main Road, said point being
distant 727.78 feet easterly from the corner formed by the intersection of the
easterly side of Maple Avenue (private road) with the northerly side of Main
Road, said point also being where the southeasterly corner of land of
Nierodzik intersects the said northerly side of Main Road and from said point
of beginning;
RUNNING THENCE along the easterly and northerly line of land of Nierodzik
the following four courses and distances:
1) North 27 degrees 37 minutes 40 s~conds West, 216.69 feet;
2) South 63 degrees 42 minutes 20 seconds West, 261.66 feet;
3) North 26 degrees 17 minutes 40 seconds West, 100.00 feet;
4) South 63 degrees 42 minutes 20 seconds West, 100.00 feet to land of
Jerome;
RUNNING THENCE along the easterly line of land of Jerome the following ~wo
courses and distances:
1) North 25 degrees 43 minutes 40 seconds West, 1526.10 feet;
2) North 25 degrees 47 minutes 40 seconds West, 674.09 feet to land of Long
Island Railroad;
RUNNING THENCE along the southerly
60 degrees 33 minutes 00 seconds East,
Moelius;
line of the Long Island Railroad, North
312.21 feet to land now or formerly of
RUNNING THENCE along the westerly line of land of Moelius, South 27 degrees
37 minutes 40 seconds East, 2535..01 feet to the northerly side of Main Road;
RUNNING THENCE South.64 degrees 41 minute~ West alor~g the.northerly side
of Main Road 25.02 feet to land of Nierodzik and the point dr pla,ce of
beginning. Containing 18.417 acres.
T
I
T
L
E
P
0
L
I
C
Y
Title L.I .A Insurance Corporation of Ne )York
TITLE
USA
Policy of
Title Insurance
IN CONSIDERATION OF the payment of its charges for the examination of title and its
premium for insurance, insures the within named insured against all loss or damage not
exceeding the amount of insurance stated herein and in addition the costs and expenses of
defending the title, estate or interest insured, which the insured shall sustain by reason of
any defect or defects of title affecting the premises described in Schedule A or affecting the
interest of the insured therein as herein set forth, or by reason of unmarketability of the title
of the insured to or in the premises, or by reason of liens or incumbrances affecting title at
the date hereof, or by reason of any statutory lien for labor or material furnished prior to the
date hereof which has now gained or which may hereafter gain priority over the interest
insured hereby, or by reason of lack of access to and from the premises, excepting all loss
and damage by reason of the estates, interests, defects, objections, liens, incumbrances and
other matters set forth in Schedule B, or by the conditions of the policy hereby incorporated
into this contract, the loss and the amount to be ascertained in the manner provided in said
conditions and to be payable upon compliance by the insured with the stipulations of said
conditions, and not otherwise.
IN WITNESS WHEREOF, Title USA Insurance Corporation of New York has caused this policy
to be signed and sealed on its date of issue set forth herein.
ATTEST. Secretary
Validating Officer or Agent
Name of Insured
Policy NO 85-52-53346
OF SOUTHOLD
Amount of
~n~u.~.ce $77,351. O0
The estate or interest insured by this policy is
vested in the insured by means of
DEVELOPMENT RIGHTS
Dateol Is'sue 2/28/86
DEED recorded 3/6/86 in L. 9991 p. 450.
JOHN NIE~ODZIK, JR., DEVISEE UNDER LAST WILL AND TESTAMENT OF
JADUICA NIERODZ~K a/k/a YADWIGA NIERODZIK, DECEASED.
Schedule A
The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed
Schedule B
The foNowing estates, interests, defects, objection to title liens and incumbrances and other matters are excepted from the coverages of this poNcy:
1. Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided.
2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises.
-3. Any laws, regulations o¢ ordinances (including, but not limited to zoning, buiMing, and environmental protection) as to the used, occupancy, subdivision or
improver*?ent of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any violation thereof,
4. J~Jdgmr/n sagains, he nsu edoresta es, n e ests~defects~bjections~iens~rincumbrance~created~suffered~assumed~ragreedt~by~rwdhtheprivity~f he
insured
T~ile to an y property beyond the lien s of the premises, or title to areas within o r righ ts or ease ments in any abu Iting streets, roads, avenues lanes ways or waterways or
the right to maintain therein vaults, tunnels, ramps or any other sturcture or improvemeAt, unless this policy specifically provides that such titles, rights, or easements
e are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted, insures the ordinary rights of access and egress
belonging to abutting owners.
6. Title to any personal property, whether the same be attached to or used in connection-with said premises or otherwise,
7. SURVEY by Roderick Van Tuyl, dated 2/5/86 shows premises as vacant land.
35-5~-53346 ' -~
Report 13-S (10/80)
SCHEDULE A (Description)
Amended
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying
and being Town of Southold County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road, said point
being distant 727.78 feet easterly from the corner formed by the
intersection of the easterly side of Maple Ave. (Private Road)
with the northerly side of Main Road, said point also being where
the southeastly corner of land of Nierodzik intersects the said
northerly side of Main Road and from said point of beginning;
RUNNING THENCE along the easterly and northerly line of land of
Nierodzik the following 4 courses and distances:
1) North 27° 37' 40" West, 216.69 feet;
2) South 63° 42' 20" West, 261.66 feet;
3) North 26° 17' 40" West, 100.00 feet;
4) South 63° 42' 20" West, 100.00 feet to land of Jerome;
RUNNING THENCE along the easterly line of land of Jerome the following
2 courses and distances:
1) North 25° 43' 40" West, 1526.10 feet;
2) North 25° 47' 40" West, 674.09 feet to L.I.R.R.;
RUNNING THENCE along the southerly line of L.I.R.R., North 60° 33'
00" East, 312.21 feet to land of Moelius;
RUNNING THENCE along the westerly line of land of Moelius, South,/27°
37' 40" East, 2535.01 feet to the northerly side of Main Road;
RUNNING THENCE South 64° 41' West along the northerly side of
Main Road 25.02 feet to land of Nierodzik, the point or place of
BEGINNING.
FOR INFORMATION ONLY:
DISTRICT 10 0 0 SECTION 0 7 5.0 0 BLOCK 0 2.0 0 LOT
015.000
Conditions
of this Policy
(a) Wherever the term "insured" is used in this policy it includes those who succeed to the interest of the insured by operation of law including, without lira itation, heirs,
distributees, devisees, survivors, personal representatives, next of kin or corporate successors, as the case may be and those to whom the insured has assigned this policy
who re such assig nm ant is permitted by the terms hereof, a nd wherever the term "ins u red" is used in the conditions of this policy it a~so includes the attorneys and agents of
the "insured."
(bi Wherever the term "this company" is used in this policy it means Title USA rnsurance Corporahon of New York
(c) Wherever the term "final determination" or "finally determined" is used in this policy, it means the final determination of a court of competent jurisdiction after
disposition of all appeals or after the time to appeal has expired
(d) Wherever the term "the premises" is used in this policy, it means t he property insured herein as described in Schedule A of this policy including such buildings and
improvements thereon which by law constitute real property.
(e} Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which
property insured herein lies,
2. Oe,ense and Prosecution of Suits
(a) This company wifl, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrances not excepted in this policy,
(bi This companyshallhavethe right and may, at ds own cost, maintain ordefendanyaction or proceeding relating tothetitleorinterest hereby insured, or upon or
under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder.
(c) In allcases where this policy requires or permits this company to prosecute or defend, the insured shall secure to it the right and opportunity to maintain or defend
the action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to use therein, at its option, ds own
name or the name of the insured.
(d) The provisions of this section shall survive payment by this company of any specific loss or payment of the entire amount of this policy to the extent that this
company shall deem it necessary In recovering the loss from those who may be liable therefor to the insured or to this company.
3. Cases Where L~ablllty Arises
NO claim for damages shall arise or be maintainable under this policy except in the following cases:
{a) Where there has been a final determination under which the insured may be dispossessed, evicted or ejected from the premises or from some part or undivided share
or interest therein.
(bi Where there has been a final determination adverse to the title upon a lien or incumbrance not excepted in this policy
(c) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest, or where the insured estate has been sold for the benefit of the
insured pursuant to the judgment or order of a court and the title has been rejected because of a defect or incumbrance not excepted in this policy and there has been a
final determination sustaining the objection to the title
(d) Where the insurance is upon the interest or a mortgage and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the
n s ured's estate or interest in the premises, or subject to a prior lien or i ncu m bra rice not excepted in this polic y; or where a reco d ng of ce has re used to accept from the
Insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because of a defect in the title to the said mortgage.
(e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and the title shall have
been rejected by the proposed lender and it shall have been finally determined that the rejection of the title was justified because of a defect or incumbrance not
excepted in this policy.
(fi Where~helnsuredsha~~havetransferredthetit~einsuredbyaninsturmentc~ntainingc~venantsinregardt~tit~e~rwarrantythere~fandtheresha~~havebeenafina~
determination on any of such convenants or warranty, against the insured, because of a defect or incumbrance not excepted in this policy.
(g) Wheretheinsuredestate~rinterest~ra~artthere~fhasbeentakenbyc~ndemnati~nandithasbeenfina~~ydeterminedthattheinsuredisn~tentit~edt~afu~~award
for the estate or interest taken because of a defect or incumbrance not excepted in this policy.
NO claim for damages shall arise or be maintainable uhnder this policy ( 1 ) if this company, after having notice of an alleged defect or incumbrance, removes such defect
or incumbrance w h n h rty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured insettling any claim or suit without the written
consent of this company
4. Nollce of Claim
In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the
insured of any claim adverse to the title hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process or pleading in any
action or proceeding, the object or effec o wh ch shall or may be to impugn, attack or carl in question the validity of the title hereby insured, the insured shall promptly
notify this company thereof in writing at its main olfice and forward to this company such paper or such notice, sum mons process or pleading Delay in giving this notice
anddelayin forwardingsuchpaperorsuchnotice summons processorpleadingshallnotaffectthiscompany'sliabilityifsuchfailurehasnot prejudicedandcannotin
the future prejudice this company ' ' *
5. Payment of Loss
(a) This company wil~ pay in addition to the loss all statutory costs and allowances imposed on the insured in litigation carried on by this corn pany for the insured under
the terms of this policy This company shall no( be liable for and will not pay the fees of any counsel or attorney employed by the ihsured.
(bi Ineverycasewberectaimismadeforlossordamagethiscompany 1 reservestherightfosettle, atitsowncost, anyclaimorsuitwbichmayinvo~ve ab lityunder
this policy, or (2) may terminate ils liability hereunder by paying Or tendering the tull amount of this policy, or (3} may, without conceding liability, demand a valuation of
the insured esta~eorinterest, o be made by th eearbitrators or any two of them one to be chosen by the insured and one by this company, and the two th us chosen
selec ng and umpire Such valuation. , less the amount of any incumbrances; on sa d nsu ed es a~e and nterest not hereby insured against, shal~ be the extent of this
company's liability for such claim and no right of action shalt accrue hereunder for (he recovery tbereof until thirty days after notice ol such valuation shall have been
served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to this company of its designee at such
valuation, diminished as aforesaid. The foregoing option to fix as valuation by arbitration shall not apply rca policy insuring a mortgage or leasehold interest.
The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leaesehold interest.
{c) Liability to any collateral holder of this policy shall not exceed the amount of the pecun;ary interest of such collateral holder in the premises.
(d) AII paymentsmadebythiscompany under this pohcyshall reduce the amount hereof protanto except {1)payments made for counsel fees and disbursements in
defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured in such actions and
proceedings, and (2) it the insured
(e) When liability has been definitely fixed in accordance with the conditions of t~ s policy, he oss o damage shall be payable witithin thirty days thereafter.
6, Co-Insurance and Apportionment
(a) In the event that partial loss Occurs after the insured makes an ~mprovement subsequent to the date of this policy, and only in that event, the insured becomes a
If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any padial loss established shall be borne by the company
as one hundred twenty per centum of the amount of this policy bears to the sum amount of this policy and the amount expended for the improvement. The foregoing
~isions shall not apply to costs and a~orneys fees incurred by the company in prosecuting or prowding for the defense of actions or proceedings in behalf ol the
red pursuant to the terms of this policy orto costs imposed on the insured in such actions or proceeding, and shall apply to that portion of losses which exceed in the
~gregate ten percent of the face of the policy. .,
Provided, however, that the foregoing co insurance provisions shall not apply to any toss arising out of a lien or incumbrance for a liquidated amount which existed on the
date ~f this p~~ icy and was n~t sh~wn in schedu~e B; and pr~vided further' such c~-insurance pr~visi~ns sha~~ n~t app~y t~ any ~~ss if~ at th"e time ~f the ~ccurren~e ~fsuch
loss, the then value Of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy
(b) If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but nor all of said parcels, the loss shall be computed
and settled on a pro rata basis as it this policy were divided pro rata as to value of said separate, independent parcels exctusive of improvements made subsequent to the
date of this policy
(c) Clauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acguired the interest of the mortgagor
(d) ~f'atthetime~iabi~ityf~rany~sssha~havebeenfixedpursuantt~t~ec~nditi~ns~fthisp~icy'theinsuredh~dsan~therp~icy~finsurancec~venngthesame~ss
issued by another c(~mpany, this company shall not liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of
insurance held by the insured, unles? another method of apportioning the ~oss shall have been provided by agreement between this company and the other Insurer or
insurers
7. Assignment of Policy
If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enure to the benefit of successive assignees of the mortgage without
consent of this company or its endorsement of this policy Provision is made in the Company rate manual filed witht he Superintendent of Insurance of the State of New
York on behalf of this Company for continuation of liability to grantees of the insured in certain specific circumstances only In no circumstance provided for in this section
shall this corn pany be deemed to have insured the sufficiency of the form of the assignment or other instrument of transfer or conveyance or to have assumed any liability
for the sufficiency of any proceedings after the date of this policy
8. Subrogation
(a) This company shall to fheextent of any payment Pyit otloss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall
execute such instruments as may be requested to transfer such rights 1o this company The rights so transferred shall be subordinate to any remaining interest of the
insured.
(b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasin~ the personal liability of the obligor or guarantor or
from re~easing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying the insured mortgage provided such acts do not affect
the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the
insured
9: Misrepresentation
Any untrue statement made by the insured, with respect to any material fact or any suppression of or failure to disclose any r ~terial fact, or any untrue answer by the
insured, to material inquiries before the issuance of this policy, shall void this policy
16. NO Waiver ol Conditions
lis company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder - ~J shah not thereby concede liability or waive
Iprovision of this policy
11. Policy Entire Contract
All actions or proceedings against this company must be based on the provisions of this policy Any other action or actions or rights o1 action that the insured may bring
against this company ~n respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms
and conditions.
12. Validation and Modification
This policy is valid only when duly sig ned by a validating officer or agent Changes may be effected only by wrilten endorsement If the recording date of the instruments
creating the insured interest is later than the policy date, such policy shalt also cover intervening liens or incumbrances, except real estate taxes, assessments, water
charges and sewer rents.
Title USA Insurance Corporation of New York
New York State Offices
Albany County
90 State Street, Atbany, N.Y. 12207
(518) 472-9161
Nassau County
170 Jericho Turnpike, Floral Park, NY 11001
(516) 354-8500 (718) 347-2010
New York County
120 Broadway, New York, NY 10271
(212) 732-9760
Queens County
90-15 Sutphin Boulevard, Jamaica, N.Y. 11435
(718) 739-4001
Rockland County
2 New Hempstead Road, New City, NY 10956
(914) 634-3612 (212) 292-1528
Suffolk County
127 W. Main Street, Riverhead, NY 11901
(516) 727-4140 (212) 962-1445
Westche$ter County
235 Main Street, White Plains, NY 10601
(914) 948-4040 (212) 824-0404
Policy 21 (12/85)
N Y.B.T.U. Form No t00D
P
R
O
P
E
R
T
Y
S
A
L
E
S
R
E
C
O
R
D
FiLe ¥ie~ Toolbar Help
Book Pa~ Sale Dar ale~ 0~ Prpcls. nd nght~
Exempt on ~ota ~/: ~m OWn:
41720 AG DIST ;200~:~0 ~
Code ~m~. ,: ~ ~e ~ove;Tax
FDO28 Southold FD :~00 ':~:~0 .~,~ : ~00
Prinks the screen
~ fStart
_ ] [] Inbox - f~'licroso~fc OuUook
1
1
1
1
1
]
]
]
]
]
]
Selling Price: ............................................................................ $135,000
Grantor: .................................................................................. Nierodzik
Grm~tee: ................................................................... Silver Nails Vineyard
Improvements: ........................... farmland/nursery stock w/development rights sold
SCTM#: ................................................................... 1000-72-2-15~2
Parcel Size: .......................................................................... 18.42 acres
Location: ............................................................ Mare Road, Southold, NY
Condition: level farmland
Price per acre: ............................................................................. $ 7,329
Zoning: ......................................................................................... A-C
Liber/page: ............................................................................ 11792/304
Data Source: .............................................................................. grantee
Utilities: .................................................................................. typical
Date of Sale: ........................................................................ 8/29/96
HighesffBest Use: ......................................... current zoning with improvements
36
1997 photo
!r__)~.:,T~o~_i~.~TOWN OF SOUTHOLD41~ROPERTY RECORD CARD
OWNER STREET L/ ~) ~,-2.~ ~_,~"-- VILLAGE DIST. SUB. LOT
~,/~'~- ,1 ,'~c -- ...... :~
.,~E_OP~J~ER OWNI~R / / N E ACR.
RES. SEAS. VL I -~ t FARM COMM. CB. MICS. Mkt. Value
LAND IMP. [ TOTAL DATE REMARKS
1
C/~ ~ ,, --~ , ,- . --
I / , l
Tilloble ~ ~, 4 tT ~:Z~ .~ FRONTAGE ON WATER
W~lond ~ ~'~ ~ FRONTAGE ON ROAD
Meodowl~nd DEPTH
Hou~ Plot BULKH~D
Totol
2
0
0
1
A
E
R
I
A
L
2001 Aerial SCTM #1000-75-2-15.2 Premises: 46035 Main Road (Route 25), Southold Development Rights
18.42 acres
2
0
0
4
A
E
R
I
A
L
2004 Aerial SILVER NAIL VINEYARDS LLC (formerly Nierodzik) 46035 Main Rd (Rt 25), Southold 18.42 acres
development rights