HomeMy WebLinkAboutRaphael Vineyards, INC1000-85-3-11.2
(f/k/a 1000-85-3-p/o 11)
Baseline Documentation
Premises:
39390 Route 25
Southold, New York
43.6463 acres
Development Rights Easement
RAPHAEL VINEYARDS, INC.
to
TOWN OF SOUTHOLD
Deed dated March 29, 1999
Recorded April 21, 1999
Suffolk County Clerk - Liber 11958, Page 706
SCTM #:
Premises:
1000-85-3-11.2
(f/k/a 1000-85-3-p/o 11)
39390 Route 25
Hamlet:
Southold
Purchase Price:
Funding:
$336,076.51
(43.6463 acres ~ $7,700/acre)
Agricultural Lands
Capital Fund and NYS
Department of
Agriculture & Markets
grant ($183,831.51)
CPF Project Plan:
n/a
Total Parcel Acreage:
50.4829 acres
Development Rights:
Reserved Area:
43.6463 easement acres
(n/k/a 1000-85-3-11.2)
6.8366 acres
(n/k/a 1000-85-3-11.3 [1.8366
acres] and
1000-85-3-11.4 [5.0 acresl
Zoned:
A-C
Existing Improvements:
In March 1999 -
Metal farm building in center of
property
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SOUTNOLD TOWN BOARD
WORK ,SESSION
Present: ..,Supervisor Jean W. Cochran,
Joseph L. ;Tewr~send, Jr., Councilwoman
JUNE 10, 1997
Councilwoman Alice J. Hussie, Councilman
Ruth D. OIIva, Justice Louisa P; Evans,
Councilman William D. Moore, Town Clerk Judith '1'[. Terry, Town Alt0rney ,Laury
L. Dowd..,
6.-Moved. by Councilwoman Hussie, seEonded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages
the-sei-vlces Of Da,~Id Wimpelberg, Certified Real Estate Appraiser, at a
total fee of $2,000.00, to conduct appraisals on behalf of the Land
PreServatibn COmmittee onthe following properties:
Raphael 'Vineyard (John PetroceUi}
South side of Route 25, Peconlc
Tax Map .#1000-85-3-11.1
Approximately 50 acres
Reynold Blum-
Main' Road:, Peconic
Tjx Map ~Jf1000-7-1-15.1
Aplaroximately 211,9 acres
(~.-~/ot&- of the T~wn Boar~: Ayes: ~Councilman Moore, Justice Evans,
Councilwoman Ollva, Councilman 'Townsend, Councilwoman Hussle,
Supervisor 'Cochran~
This resolution was duly ADOPTED.
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DAVID C. WI~ELBERG, SRA
PHOTO ADDENDUM
8~ower/Client OWNER - R~{phael Vineyards, Inc. ZJohn Peirocelli
[PropedyAddress S/S Main Road, 500+-' w/o Indian Neck Lane
City Peconic County Suffolk
Lender N/A
State New York ZipCode 11958
FRONT VIEW FROM
MA I N ROAD
STREET SCEENE -
LOOKING EAST
AUONG MAIN ROAD
LOOKING ACROSS
SUBJECT PROPERTY
2467 rormFill® PC-.PlusTM (800) 262-4805
2 ~ Traveler Watchman ~ Thursday, April 9, 1998
Vineyard Building Proposal Squashed
By Michael DeMaria
SOUTHOLD -- A preliminary ren-
dering for a proposed winery at Raphael
Vineyards in Cutchogue received little
suppgrt from either the Architectural
Review Committee or the town's Plan-
ning Board this week.
Both entities said that the 200-foot
long, villa-style structure with a red-
tiled roof would have a large visual
impact on the surrounding area and
should be modified.
The Architectural Committee said in
a letter to the Planning Board that the
building was "markedly dissimilar" to
structures in the surrounding area. The
vineyard owners argued that the archi-
tecture of the area, near the intersec-
tion oflndian Neck Lane and Route 25,
is currently a hodge-podge that includes
ranch houses and Pindar Vineyard's
winery building, which was built in a
contemporary style.
Planning Board member Dick Ward,
however, said that "if Pindar came in
today with his plans, I think he'd have
trouble."
Planning Board members didn't re-
spond to architectural concerns, but
concentrated instead on the visual im-
pact a 1-3,000-square-foot building 200
feet in length would have. In prelimi-
nary plans, the building faces Route 25,
and board members suggested turning
the building and moving it back. They
also objected to a parking lot placed in
front of the structure. The owners have
carved an area out of a 3.4-acre lot on
which they have planted their vines.
The area fronts Route 25.
"Why you would want to take a
beautiful building like that and mm it
Back to the Drawing Board M,ohae oe Mar,a Tr ve,erwa .m
The owners of Raphael Vineyards in Cutchogue are proposing to build a large wineW in this section of a vineyard facing
Route 25, but the project faces opposition from the town.
so you can't see it is beyond me," said
one of the vineyard owners. "This
building is going to bring a lot of pub-
licity to the wine industry' and to the
North Fork."
"The building impact is immense on
the flat piece of ground," said board
member Bill Cremers. "It looks like a
shopping center."
Some board members said the build-
ing looks spectacular, but that the vi-
sual impact is just too great. The build-
ing itself is currently planned to be set
back more than 200 feet from the road,
but board members suggested pushing
it back further and disguising it with
landscaping or greenery buffers.
Raphael owners said they were will-
ing to landscape as necessary, but that
pushing the building back farther would
move it into the area where vines have
already been planted. They also said the
building was designed to produce red
wine only, a first in the area.
Planning Board Chairman Ben
Orlowski said the next step is for the
Raphael architects to meet ~vith the
Architectural Review Committee to dis-
cuss in detail the committee's objec-
tions.
No formal application has yet been
filed by the vineyard owners.
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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 (516) 765 1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY SOUTHOLD TOWN BOARD AT A REGULAR MEI:¥1NG HELD
ON FEBRUARY 3, 1998:
public
rights
Road
RESOLVED that the Town Town of $outhold hereby
sets 5:02 P.M., Thursday, 1998, $outhold Town Hall,
53095 Main Road, Southold, New York, as the time and place for a
hearing on the question of the acquisition of development
in the agricultural lands of Raphael Vineyards, Inc., Main
and Leslie's Road, Peconic, New York, SCTM ~
Board of the
February 19,
1000-085-03-011.1, 45 acres, $7,700.00.
Southold Town Clerk
February a,, 1998
LEGAL NOTICE
NOTICE OF PUBLIC ItEARING
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 19th day of
February 1998, at 5:02 P.M., at the Southold Town Hall, 53095 Main
Road, Southold, New York, on the question of the acquisition by the
Town of Southold of the development rights in the agricultural lands of
Raphael Vineyards, Inc., Main Road and Leslle's Road, Peconic, New
York, SCTM No. 1000-085-03-011.1, comprising 1+5 acres at $7,700 per
acre.
FURTHER NOTICE iS HEREBY GIVEN that the file containing a more
detailed description of the aforementioned parcel is available in the
Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
Southold, New York, and may be examined by any interested persons
during normal business hours.
DATED: February 6, 1998.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISIt ON FEBRUARY 12, 1998, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
CLERK, TOWN HALL, PO BOX 1179, SOUTHO'LD, NY 11971.
Copies to the following:
The Traveler Watchman
Town Board Member
Town Attorney
Town Clerk's Bulletin Board
Raphael Vineyards, Inc.
Land Preservation Committee
PUBLIC HEARING
SOUTHOLD TOWN BOARD
February 19, 1997
5:02 P.M.
ON THE ACQUISITION OF THE DEVELOPMENT RIGHTS o IN THE
AGRICULTURAL LANDS OF RAPHAEL VINEYARDS, INC.
Present:
Absent:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Brian G. Murphy
Tbwn Clerk Elizabeth A. Neville
Town Attorney Laury L. Dowd
Councilman William D. Moore
SUPERVISOR COCHRAN: The second hearing scheduled is acquisition of
development rights in the agricultural lands of Raphael Vineyards. Judge
Evans will read the notice.
JUSTICE EVANS: "Notice is hereby given that pursuant to the provisions
of the Agricultural Lands Preservation Law of the Town of Southold,
constituting Chapter 25 of the Southold Town Code, the Town Board of the
Town of Southold will hold a public hearing on the 19th day of
February, 1998, at 5:02 P.M., at the Southold Town Hall, 53095 Main
Road, Southold, New York, on the question of the acquisition by t~ Town
of Southold of the development rights in the agricultural lands of Raphael
Vineyards, Inc., Main Road and Leslle's Road, Peconic, New York, SCTM
No. 1000-085-03-011.1, comprising ~,5 acres at. $7,700 per acre. Further
notice is hereby given that the fiie containing a more detailed description
of the aforementioned parcel is available in the Southold Town Clerk's
Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may
be examined by any interested persons during normal business hours.
Dated: February 6, 1998. Elizabeth A. Neville, Southold Town Clerk."
There is an affidavit that it was published in The Traveler-'~/atchman, and
that it was put up on the Town Clerk's Buffeting Board. There is no
correspondence.
SUPERVISOR COCHRAN: You have hear-~ ~h~ "~dlmg of t?e proposal for
the accuis[tion of the farm deveJopment r,gr-ts of ~aphael Vineyards, Inc.
ls ther~ anyone that would like to speak in relation to t~s acquisition,
pro or con? Mr. Chairman?
pg 2 - PH
DICK RYAN: My name is Dick Ryan. I am your Chairman of the Town of
Southold Land Preservation Committee. I have an aerial photograph here,
which outlines the subject parcel under consideration, located in Peconlc,
about 500 feet west of Indian Neck Lane and between Main Road and Leslie's
Road. The property totals approximately 50.2 acres in size, with about 705
feet of frontage on the south side of Main Road, and 913 feet of frontage
alon9 the north side of Leslie's Road. Approximately 45 acres of the parcel
are offered for the purchase of development rights. The northeasterly-most
5 acres of the entire parcel are supposed to be reserved from the
purchase, intended for a continuation of existing residential uses, as well
as a proposed winery use, all in accordance with zoning. The purchase
price is $7,700 an acre, totally about $3/46,500, subject to final sur~ey~
The market value of the proposed purchase was determined by a July, 1997
appraisal, commissioned by the Town Board from David Wimpelber. g. The
zoning for the parcel is Low-Density Residential R-80, minimum size of
80,000 square feet. The soils are in the Haven Loam classification, one of
the prime agricultural soils of Long Island. The farm is currently an
established vineyard. The property is located adjacent on the west to
approximately ~,0 acres of other agricultural lands, over which the County
of Suffolk owns the development rights. Adjacent on the east is an open
space area of a residential development, Known as the Map of Wild Oats,
north of Main Road,_ opposi~ this parcel, are other sizable farmlands, over
which, the County holds development rights easements. Because of the
enhancing factors of agricultural use, size, vista-enhancement, proximity to
other preserved agricultural and open space lands, as well as buffer
enhancement between the hamlets of Peconic and Cutchogue, the Land
Preservation Committee is unanimous in recommending ~i¥~ [,~'~c!'~as.e of t'hese
development rights. The purchase will do much to preserve important
agricultural lands and further assure the country-like environment enjoyed
by the residents of the Town of Southold. I urge the Town Board to accept
the offer of development rights to the /45 acres, owned by Raphael
Vineyards, Inc. pursuant to the provisions of Chapter 25 of the Ton Code,
entitled "Agricultural Lands Preservation". Thank you.
SUPERVISOR COCHRAN: Anyone
relation to the acquisition of this
close the hearing.
else like to address the Town Board in
property? (No response.) If t~ot, I will
Elizabeth A. Neville
Southold Town Clerk
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ELIZABET~I 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 (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THE FOLLOWING
THE SOUTHOLD TOWN BOARD AT A
FEBRUARY 19. 1998:
RESOLUTION WAS ADOPTED BY
REGULAR MEETING HELD ON
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and NYCRR Part 617.10, and
Chapter ~,u, of the Code of the Town of Southold, notice is hereby given
that the Southold Town Board, in conducting an uncoordinated review of
this unlisted action, has determined that there will be no significant
effect on the environment.
DESCRIPTION OF ACTION: Acquisition of development rights in the
agricultural lands of Raphael Vineyards, Inc., Main Road and Leslie's
Road, Peconic, New York, SCTM No. 1000-085-03-011.1, comprising
acres at $7,700.00 per acre. The proposal has been determined not to
have a significant effect on the environment because an Environmental
Assessment Form has been submitted and reviewed and the Town Board
has concluded that no significant adverse effect to the environment is
likely to occur should the proposal be implemented as planned.
Southold Town Clerk
February 20, 1998
Slz~e ~.nvir~n~enml ~uali~7 Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
Far UNLISTED ACT]CNN Only
PART i--PROJECT INFORMATION (To be c~mpleted 9y AcDllcan[ or Prcjec', socn~or)
SEQ~
Town of Southold land Presserv.
Comm!,Raphael VIneymrdsInc Dev. Rts. Purc~
~.nlc!=amy Southold ~u~ Suffolk
39390 ?in Road (NYS Rou~e 25), Peconic.
s/s Main Road, ppprox. 500' wes~ of Indian Neck L~ne.
SCTM // 1000-08~-0~-011.1
Purchase of development rights easemen~ ~o approximately $5 acres of a
50.2-acre parcel of a~ricultural land.
~nitlally ~0 · 2 ~C:aS ~lUmale~y
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neighborhood of mixed residential and agrlcultur~ . uses.
STATE OR
, Approval of Southold Town Board.
Southold Town Board approval to
to negotiate potential purchase.
obtain appraisal of easement value an<
Richard n
the ~ction is in the Coastal Alee, and vcu ~re e state :r=enc.., compiete the I
Coastal Assessmet~t Form ~efc~re pTroceeding with this assessment
OVER
mART II--ENVIRONMBNTAL ASSESSMENT (Tm ;e como~eted ~Y Agency)
None,
None.
aART I[I~O~ERMINATION OF SiGNIFiCANCE ~o 0e com~let~ by Agency)
~ Check :~is ~ox if you have identified one or more ooten~iaily large,or significant a~veme imoacts wnic~ MAY
occur. Then 0roceed ~[rsc:ly io :he ;ULL -CAF and/or preoare a positive declaration.
Southold Town Board
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ELIZABET~I 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 (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON
FEBRUARY 19. 1998:
WHEREAS, the Town Board of the Town of Southold wishes to purchase the
development rights in the agricultural lands of Raphael Vineyards, Inc.,
Main Road and Leslie's Road, Peconic, New York; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 19th day of February 1998, 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 of
set forth in the proposed acquisition between the Town and Raphael
Vineyards, Inc.; now therefore, be it
RESOLVED that the Town Board elects to purchase the development
rights in the aforesaid agricultural lands owned by Raphael Vineyards,
Inc., comprising q5 acres, at a sale price of $7.700.00 per acre; said
property located at Main Road and Leslie's Road, Peconlc, New York,
$CTM No. 1000-085-03-011.1; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to Raphael Vineyards,
Inc.; and
FURTHER RESOLVED that the Supervisor be and hereby is authorized and
directed to execute any and all required documents for the acquisition
of said development rights.
Southold Town Clerk
February 20. 1998
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CLOSING STATEMENT
RAPHAEL VINEYARDS, INC.
to TOWN OF SOUTHOLD
Development Rights Easement
43.6463 acres @ $7700/acre
Premises: 39390 Route 25, Southold, New York
SCTM #1000-85-3-11.2
Closing took place on Monday, March 29, 1999,
at 2:30 p.m., Southold Town Hall
Purchase Price of $ 336,076.51 disbursed as follows:
Payable to Raphael Vineyards, Inc.
Check #51501 (3~29~99)
Payable to Raphael Vineyards, Inc.
Check #51514 (3~29~99)
$ 331,100.00
$ 4,976.51
Expenses of Closing:
Appraisal
Payable to David C. Wimpelberg, SRA
Check ~4791 (10/14/97)
$ 1,000.00
Title Report
Payable to Water Mill Abstract Corp.
Check #51515 (3/29/99)
$ 1,755.00
Those present at Closing:
Jean W. Cochran
Gregory F. Yakaboski, Esq.
John Petrocelli, Sr.
Joan Petrocelli
Abigail Wickham, Esq.
Stephen F. McMahon
Southold Town Supervisor
Attorney for Town of Southold
President, Raphael Vineyards, Inc.
Wife to John Petrocelli, Sr.
Attorney for Seller
Title Company Closer
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-O959
DATE
03/29/1999
CHECK NO
051501
.o. 051501
AMOUNT
**$331,100.00'*
:)AY TO
THE
3RDER
OF
RAPHAEL VINEYARDS, INC.
.8686.4.000.000
32999
PURCHASE OF DEVELOPMENT RGHTS 331,100.00
TOTAL **$331,100.00'*,
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
TOWN OF SOUTHOLD
53095 MAIN ROAD NO.
SOUTHOLD, NEW YORK 11971-0959
DATE CHECK NO.
03/29/1999 051514
:. ,,,
051514
AMOUNT
PAY TO
THE
ORDER
OF
RAPHAEL VINEYARDS, INC.
,'0S;,5~,[,,' ':O;~;,~,OC;h~=L,~: P-,3000001, 0,'
1.8686.4.000.000
32999-1
PURCHASE OF DEVELOPMNT RGHTS 4,976.51
TOTAL **$4,976.51'*,
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
GL108S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 023347 WIMPELBERG SRA/DAVI
JE Date Trx. Date Fund Account
~ ............................ Be~i
, ,~'8/05/1997 8/05/1997 Hi .600
8/05/1997 8/05/1997 H1 .600
9/30/1997 9/30/1997 H1 .600
10/14/1997 10/14/1997 H1 .600
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-10141997-638 Line: 355 Formula: 0 :
: Account.. H1 .600 :
:Acct Desc ACCOUNTS PAYABLE :
Trx Date ..... 10/14/1997 SDT 10/15/97
Trx Amount... 1,000.00
Description.. APPRAISAL-RAPHAEL VINEYD
Vendor Code.. 023347
Vendor Name.. WIMPELBERG SHA/DAVID C.
Alt Vnd..
CHECK ........ 44791 SCNB
Invoice Code. RLSH7
VOUCHER ......
P.O. Code .... T.B.
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. N
Date Released 10/14/1997
Date Cleared. 10/31/1997
F3=Exit F12=Cancel
TOWN OF SOUTHOLD
53095 MAIN ROAD
$OUTHOLD, NEW YORK 11971-0959
DATE
03/29/1999
CHECKNO
051515
.o. 051515
**$1,755.00'*
PAY TO
THE
ORDER
OF
WATER MILL ABSTRACT CORP.
,"O5~5&5," ':O2;hOSNghl:
~ OOOOOI, 0,'
VENDOR t/23024 WATER MILL ABSTRACT CORP.
03/29/1999
CHECK #051515
686.4.000.000
32999
TITLE COSTS-RAPHAEL VINEYRDS 1,755.00
TOTAL **$1,755.00'
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
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Number of pages
Serial it
Certificate #
Deed / Mortgage lustrument
.t,
41
EA-52 17 (Com~ly) ~
Affidavil
Certified Copy
Reg. Copy
Oilier
RECEIVED
$ ~
REAL ESTATE
TRANSFER TAX
SUFFOLK
COUNTY
Deed / Mortgage Tax Stamp
EDWARD E ROMAINE
CLERK OF
SUFFOLK COUNTY
Recordi.g / I. iliug Stamps
FEES
/i r'i
TOWN ATTORNEY'S OFFICJ
TOW~ O~ S~
SubTotal ~
SubTotal
GRAND TOTAl,
I. Basic Tax
2. Additional 'lax
Sub Total
Spec./As$it.
Or
Spec./Add.
TOT, MTG. 'FAX
Dual Town_ Dual Courtly __
Real Prol~erty Tax Service Agency Verification
Dist. Section B Itek
Lo{
Conmlunity Preservation Fund
Consideration Amount $,~'~7~
CPF Tax Due $
A Satisfactions/Discharges/Releases List Property Owners Maili~
RECORD & RETURN TO:
/?~, z~ox //~¢
~r-~>. ,a/~.~ ~,~ //~?/
RECEIVED
<3
TD
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COMMUNITY
FUND
Title Colnpa~y hi formation
Suffolk County Recording & Endorsement Page
'lhispagefom-,spartoftheattached '~'~'1) Or ~)~lL~O:?m~tr/' ~/'~-HT~
(SPECIFY 'I~fI'E OF INSq3{UMENT )
'to
'lhe prelniscs herein is situated in
SUFFOLK COUNI¥, NEW YORK.
In the Tow~tship of_ '~45 o"thio
In the VILLAGE
or ItAMLET of ~)~¢.*.*.7¢~J i C
ntade by:
)XES 5 11 IRU 9 MUST BE TYPED Ol< PPdNI'[:,D IN Ill,ACK INK ONLY PRIOI*, TO I~.ECORI)ING OR FII ,lNG,
(OVk{,'
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this 29th day of March, 199~,BETWEEN
Raphael Vineyards, Inc., residing at 100 Comac St. Ronkonkoma, N.Y. 11779,
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
$336,076.51 (Three hundred thirty six thousand seventy six dollars and no
cents) 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 in
the Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
SCHEDULE A
DESCRIPTION
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being at Peconic, Town of
Southold, County of Suffolk and State of New York, bounded and described
as follows:
BEGINNING at a monument set on the southerly side of Main Road (S.R. 25)
(Kings Hwy) distant 1308.36 feet westerly, when measured along the
southerly side of Main Road, from the corner formed by the intersection of
the southerly side of Main Road and the westerly side of Indian Neck Lane,
said point of beginning also being the point of intersection of the
northwest corner of the herein described parcel and the northeast corner
of land now or formerly of Elizabeth Ann Bock with the southerly side of
Main Road (SR 25);
RUNNING THENCE from said point of beginning along the southerly side of
Main Road (SR 25) the following two (2) courses and distances:
1. North 59 degrees 32 minutes 25 seconds East 82.06 feet;
2. North 6i degrees 04 minutes 20 seconds East 92.95 feet;
THENCE South 07 degrees 56 minutes 50 seconds East 411.83 feet;
THENCE North 82 degrees 03 minutes 10 seconds East 571.20 feet to "Map of
Peconic Bay Cove", file No. 7159;
THENCE along said map and then "Map of Wild Oats", File No. 9331 and land
of Geiger and Koraleski South 07 degrees 56 minutes 50 seconds East
2183.34 feet to a monument set on the north side of Leslie's Road;
THENCE along the north side of Leslie's Koad South 51 degrees 32 minutes
00 seconds West 913.40 feet to a monument and land now or formerly of
David Cichanowicz;
THENCE along said land of Cichanowicz North 06 degrees 55 minutes 55
seconds West 2994.79 feet to a monument set on the southerly line of Main
Road (SR 25) and the point or place of BEGINNING.
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
as defined herein.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production: as defined in Section 25-30 of
Chapter 25 of the Southold Town Code is as follows:
3
"Agricultural Production- shall mean the production for
commercial purposes of crops, livestock and livestock products, but not
land or portions thereof used for processing or retail merchandising of
such crops, livestock or livestock products. Land used in "agricultural
production" shall also include fences, equipment storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes."
THE party of the first part and the party of the second part do hereby
convenant 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 to the property described
herein 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 Properly 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 recerdable consent of the Purchaser. This covenant
shall run with the land in perpetuity.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
4
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
ascertaining site conditions and for inspection of the premises for compliance
with this agreement after notice. This covenant shall not preclude lawful,
normal and proper application of legal fertilizers, pesticides and fungicides for
legitimate agricultural purposes. 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 misrepresentation in any
representation or warranty made by seller in this agreement; (2) the breach or
non-performance of any convenants required by this agreement to be performed
by the party of the first part, 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 a party other than Purchaser, its agents or
employees, by reason of a violation or non-compliance with any environmental
5
law; or the improper 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
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.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Purchaser:
Tow~L,of Southold
6
119 8 706
State of New York, County of ~C4 F';*~C~'
On the~qq~q day of,r72,~/C~, 1999, before me personally
came -~--~/~ ~ET~03~/./-I'/ ~.
t0 me known, who being by me duly sworn, did depose ~d say
that he resides at No. I~ ~O~C ~T/ ~~m ~/
that he is the ~ i~T
the corporation deScribed in and which executed the foregoing
instrument; that by order of the ~-~.~,7'~ of said
corporation he signed his name.
/ Notary Public
STEPHEN F. McMAHON
NOTARY PUBLIC, STATE OF NEW YORK
NO. 01 MC4778790 /
QUALIFIED IN SUFFOLK ~uI~rY~,/_
COMMISSION EXPIRES ~~
State of New York, County of c:~c4 ~
On the~ day of/7/~gc2Y , 1999, before me personally
came
to me known, who being by me duly sworn, did depose and say
that she resides at No. ,~'7,0 '~;~,'55~,~U ,~.E.,,JUE/ ~'~-~DL'~
that she is the
the corporation described in and which executed the foregoing
instrument; that by order of the"'~-~u/~'7~O~,~ of said
corporation she signed her name.
STEPHEN F. McMAHON
NOTARY PUBLIC, STATE OF NEW YORK
.o.o Mc4 s so
OUAUF'ED I.
~MMISSlON EXPIRES ~
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ALTA Owner's Policy
(10-17-92)
FTWC-900
POLICY OF TITLE INSURANCE
ISSUE[) BY
~o~i~o. Y 140252
Title No.
WMA-607-S-1972
First American Title Insurance Company o£ New York
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF
NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred
by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to
the extent provided in the Conditions and Stipulations.
First American Title Insurance Company
of New York
WATER MILL ABSTRACT CORP.
President
PRESIDENT
FTWC-901
First American Title Insurance Company of New York
SCHEDULE A
Title No. NMA 607-S-1972
Amount of Insurance $ 336,077.
Date of Policy Flacch 29, 1999
Policy No. ¥ 140252
1. Name of insured: TOWN OF SOUTHOLD
2. The estate or interest in the land which ~s covered by this policy is:
development eights
3. Title to the estate or interest in the land is vested in:
TOWN OF SOUTHOLD,
which acquired title by deed from RAPHAEL VINEYARDS,
dated 3/29/99
4. The land referred to in this policy is described as follows:
see description following
INC.
FTWC-2]
First American Title Insurance Company
of New York
SCHEDULE A
DESCRIPTION
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being at Peconic, Town of
Southold, County of Suffolk and State of New York, bounded and described
as follows:
BEGINNING at a monument set on the southerly side of Main Road (S.R. 25)
(Kings Hwy) distant 1308.36 feet westerly, when measured along the
southerly side of Main Road, from the corner formed by the intersection of
the southerly side of Main Road and the westerly side of Indian Neck Lane,
said point of beginning also being the point of intersection of the
northwest corner of the herein described parcel and the northeast corner
of land now or formerly of Elizabeth Ann Bock with the southerly side of
Main Road (SR 25);
RUNNING THENCE from said point of beginning along the southerly side of
Main Road (SR 25) the following two (2) courses and distances:
1. North 59 degrees 32 minutes 25 seconds East 82.06 feet;
2. North 61 degrees 04 minutes 20 seconds East 92.95 feet;
THENCE South 07 degrees 56 minutes 50 seconds East 411.83 feet;
THENCE North 82 degrees 03 minutes 10 seconds East 571.20 feet to "Map of
Peconic Bay Cove", file No. 7159;
THENCE along said map and then "Map of Wild Oats", File No. 9331 and land
of Geiger and Koraleski South 07 degrees 56 minutes 50 seconds East
2183.34 feet to a monument set on the north side of Leslie's Road;
THENCE along the north side of
00 seconds West 913.40 feet to
David Cichanowicz;
Leslie's Road South 51 degrees 32 minutes
a monument and land now or formerly of
THENCE along said land of Cichanowicz North 06 degrees 55 minutes 55
seconds West 2994.79 feet to a monument set on the southerly line of Main
Road (SR 25) and the point or place of BEGINNING.
Title No. WMA-607-S-1972
WATER MILL ABSTRACT CORP.
Agent For
First American title Insurance Company of New York
SCHEDULEB
Policy No. Y 140252
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
1. Survey made by John T. Metzger, L.S. #49618 last dated 1/27/99 shows metal farm
building.
First American Title Insurance Company
of New York
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
1. 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."
2. The following is added to Paragraph 7 of the Conditions and StiPulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the
policy date. such policy shall also cover intervening liens or incumbrances, 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.
IN WITNESS WHEREOF, First American Title Insurance Company of New York has caused this Endorsement to be signed
and sealed on its date of issue set forth herein.
DATED: March 29, 1999
COUNTERSIGNED
WATER MILL ABSTRACT CORP.
Authorized Signatory
STEPHEN F. MC MAHON
President
First American Title Insu ra~ce Company
of New York
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH ALTA OWNER'S POLICY (10/17/92)
EXCLUSIONS FROM COVERAGE
g 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:
(al Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (il the occupancy, use, or enjoyment of the land; (ii) the Character, dimensions or location of any improvement
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 effect of any violation of these laws, ordinances or governmental regulations, 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 (al 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 tand 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 which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(al 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.
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: (il the transaction creating the
estate or interest insured by this policy being deemed a fradulent conveyance or fraudulent transfer; or (ii) 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 (al to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a
judgment or lien creditor.
1. DEFINITION OF TERMS.
The fogowing terms when used in this policy mean:
(al "insured": the insured named in Scheqole A, and,
subject to any rights or defenses the Company would have had
against the named insured, those who succeed to the interest
of th~ 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 impart constructive notice of mat-
ters affecting the land.
(d) "land": the land described or referred to in Schedule
(Al, and improvements affixed thereto which by law constitute
real property. The term "land" does not include any pmberty
beyond the fines of the area described or referred to in
Schodule (A}, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify m limit the extent
to which a right of access to and from the land is insured by
this policy.
(el "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(fl "public records": records established under state
statutes at Date of Policy for the purpose of imparlieg con-
QeUVe notice of matters relating to real property to pur-
rs for value and without knowledge. With respect to
on 1(al(iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed
in the reqords of the clerk of the United States district court for
the district in whigh the land is located.
(gl "unmarketability of the title": an alleged or apparent
matter affecting the title to the land, not excluded or excepted
from coverage, which would entitle a purchaser of the estate or
interest described in Schedule A to be released from the
obligation to~ purchase by virtue of a contractual condition
requiring the beliver¥ of marketable title.
the basis of loss or damage and shall state, to the extent possi-
ble, 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
terminate, including any liability or obligation to defend, pros-
ecute, or continue any litigation, with regard to the matter or
matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be re-
quired to submit to examination under oath by any authorized
representative of the Company and shall produce for examina-
tion, inspection and copying, at such reasonable times and
places as may be designated by any authorized repmsentaUve
of the Company, all records, books, ledgers, checks, corre-
sponbence and memoranda, whether bearing a date before or
after Date of Policy, which reasonably pertain to the loss or
damage. Further, if requested by any authorized representa-
tive of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the
Company to examine, inspect and copy all records, be~ka,
ledgers checks, correspondence and memoranda in the cus-
tody or control of a third party, which reasonably pertain to the
loss or damage. All information designated as confidential by
the insu red claimeet provided to the Company pursuant to this
Section shall not be disclooed to others unless, in the reason-
able judgment of the Company, it is necessary in the adminis-
tration of the claim. Failure of the insured claimant to submit
for examination under oath, produce ot her reasonably request-
ed information or grant permission to secure reasonably
necessary information from third parties as required in this
paragraph, unless prohibited by law or governmental regula-
tion, shall terminate any liability of the Company under this
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:
(al To Pay or Tender Payment of the Amount of
Insurance.
To oav or tender garment of the amount of insurance
b) In the event of any liUgaUon, including liUgation by
the Company or with the Company s consent, the Company
shell 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 lherefrom, adverse to the title
as insured.
(c) Tee Company shall not he liable foe loss or damage to
any insured 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 po&icy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto,
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the Com-
pany 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 sub ect, or which is hereafter
executed by an insured and which is a charge or lien on 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.
(al No payment shall be made without producin9 this
policy for endorsement of the payment unless the policy has
been ioof or destroyed, in which case proof of loss or destruc-
tion shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these Cooditio~
and Stipulations, the loss or damage shall be payable within
30 days thereafter,
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
2. CONTINUATION OFINSURANCE AFTER
CONVEY&NCE OF TITLE.
The coverage of thin policy shag 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 indebted-
ness secured by~ purchase money mortgage given by a
WeiSer from the insured, or only so long as the insured shall
ability by reasop of covenants of warranty made by the
d in aqy transfer or conveyance of the estate or interest.
This policy Shall not continue in force in favor of any purchaser
from the insured oi either (i) an estate or interest in the land, or
(ii) an indebtedness secured by a purchase money mortgage
given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i)
in case of any litigation as set forth in Section 4(a) below, (ii) in
case knowledge shall come to an insured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as insured, and which might cause loss or
damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If prompt notice shag not be given to
the Company, then as to the insured all liability of the Com-
pany shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that
failure to notify the Company shall in no case pm}udice the
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;
DtJTY OF INSURED CLAIMANT TO COOPERATE.
la) Upon written request by the insured and subject to
the options contained in Section 6 of these Conditions and
Stipulations, the Company, at its own cost and without unrea-
sonable 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, but only as to those stated
causes of action allegiog a defect, lien or encumbrance or other
matter insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the right of
plUred to object for reasonable cause) to represent the
as to those stated causes of action and shall not be
for and will not pay the fees of any other counsel. The
ny will not pay any fees, costs or expenses incurred by
the insured in the defense of those causes of action which
allege matters not insured against by this policy.
lb) The Company shag have the right, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest, as insured, or to pre-
vent or reduce loss or damage to the insured. The Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy.
If the Company shall exercise its rights under this paragraph,
it shall do so diligently.
(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 may pursue any litiga-
tion 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
(d) In all cases where this policy permits or requires t he
Company to prosecute or provide for the defense of any action
or proceeding, the insured shall secure to the Company the
right to so prosecute or provide defense in the action or pro-
ceeding, and all appeals therein, and permit the Company to
use, at its option, the name of the insured for this purpose
Whenever requested by the Company, the insured, at the Com-
pany's expense, shall give the Company all reasonable aid (i)
in any action or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or
affecting settlement, and (ii) in any other lawful act which in
the opinion of the Company may be necessary or desirable to
establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish
the reduimd cooperation, the Company's obligations to thc
insured under the policy shall terminate, including any liability
or obligation to defend, prosecute, or continue any litigation,
err o~rd to the matter or matters requiring such cooperation
F 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 to by the
insured claimant shall be furnished to the Company within 90
days after the insured claimant shall ascertain the facts giving
rise to the loss or damage. The proof of loss or damage shall
describe the defect in, or lieu or encumbrance on the title, or
other matter insured against by this policy which constitutes
expenses incurred by the insured claimant, which were
authorized by the Company, up to the time of payment or ten-
der of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability
and obligations to the insured under this policy, other than to
make the payment required, shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall he surrendered to the Company
for cancellation.
lb) To Pay or Otherwise Setbo With Parties Other than
the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or
in the name of an insured claimant any claim insured against
under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claim-
ant the loss or damage provided for under this policy, together
with any costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs (b)(i) or (ii), the Company's obli-
gations to the insured under this policy for the claimed loss or
damage, other than the payments required to he made, shall
terminate, including any liability or obligation to defend, pros-
ecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or iucurred by the insured
claimant who has suffered loss or damage by reason of mat-
ters insured against by this policy and only to the extent herein
described.
la) The liability of the Company under this policy shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the 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.
lb) 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 subsequent to the Date
of Policy an improvement is erected on the land which in-
creases the value of the insured estate or interest by at least
20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following:
(i) where no subsequent improvement has been
made, as to any partial toss, the Company shall only pay the
loss pro rata in the proportion that 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 Com-
pany 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 InSLJranoo 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 shah only apply to that portion of any
loss which exceeds, in the aggregate, 10 percent of the
Amount of Insurance stated in Schedule A.
lc) The Compony will pay only those costs, attorneys' fees
and expenses iocurred in accordance with Section 4 of these
Conditions and Stipulations
8, APPORTIONMENT.
If the land described in Schedule lA) 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 shall be computed and settled on a pro rata basis as i~ 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 Policy, 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 ex-
press statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
la) 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 unmarket-
ability of title, all as insured, in a reasonably diligent manner by
any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(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 claimanb
The Company shall he 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 Com-
pany, the insured claimant shall transfer to the Company all
rights and remedies against any person or property
necessary in order to pertect this right of subrogation. The
in~ured claimant shall permit the Company to sue, com-
promise 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 the insured claimant, the Company shall be sub-
rogated to these rights and remedies in the proportion which
the Company's payment bears to the whole amount of
the Ioss~
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 that 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.
lb) The Company's Rights Against non-insured
Obligors.
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without limita-
tide, the rights of the insured to indemnities, guaranties,
other policies of insurauoo or bonds, notwithstanding auy
terms or conditions contained in those instruments which
provide for subrogation rights 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 obggaDon. All
arbitrable matters when the Amount of Insurance is
$1,000,000 or less shag he 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 t he
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 juris-
diction thereof.
The law of the situs of the land shall apply to an arbitration
under tho Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company
upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
la) This policy together with all endorsements, if any,
attached hereto by the Company is the entire policy and con*
tract between the insured and the Company. In interpreting
any provision of this policy, this policy shall be construed as
a whole.
lb) Any claim of loss or damoge, 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 as-
serting such claim, shall be restricted to this policy
lc) No amendment of or endorsement to this policy
can be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice Presi-
dent, the Secretary, an Assistant Secretary, or validating
officer or authorized signatory of the Company.
16. SEVERAglLITY.
In the event any provision of the policy is held invalid or
unenforceable under applicable law, the policy shall he
deemed not to include that provision and all other provisions
shall remain in full force and eRect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be turnished the Company
shall include the number of this policy and shall be
add ressed to the Company at 1050 Franklin Avenue, Garden
City, New York 11530
Sq~ AMERi
First Ametqcan Title Insurance Company of New York
POLICY
OF
TITLE
INSURANCE
G
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TOWN COMPTROLLER
John A. Cushman
CENTRAL DATA PROCESSING
John Sepenoski
53095 Route 25
P.O. Box 1179
Southold, New York 1 :_971-0959
ACCOUNTING & FINANCE DEPT.
Telephone (631) 765-4333
E-mail: accounting@southold.o rg
CENTRAL DATA PROCESS}'NG
Telephone (631) 765-1891
E-mail: dataprocessing@southold.org
Fax(631) 765-1366
TO~ OFSOUTHOLD
OFPICE OF THE SUPERVISOR
RECEIVED
May 16, 2000
Mr. Bob Somecs, Chief
A9 Protection Unit
NYS Depad. ment of Agriculture and Markets
Division of Agriculturai Protection and Development Services
1 Winners C~rc!e
Albany, NY 12235-000!
8ou kt Tovm
Re: Contracts No. C800504 & C800510
Dear Bob:
As we discussed yesterday morning, enclosed please find documentation for reimbursement
under the above referenced a§reements as indicated below. Separate vouchers are included
for each parcel.
A_,qreement No. C800504
Raphael VineyarOs
W:4~am Rular~d
Tota!
$155,000.00
_. 33___,*,500.00
$ 492,500.00
(Federal Share)
(State Share)
A_g&eement No
R~pha~; V!~ey~:ds
Sophie Ka~oski
Total
$183,83!.51
_._3.16,168~49
$ 500,000.00
In the event that you require any additional information, please contact me. Your assistance
regarding these grants is greatly appreciated.
CC:
Very truly yours,
Town Comptroller
Dick Ryan, Land Preservation Committee//
AC 1171(Rev.2fW vuw��e� No.
21 STATL
OF STATE AID VOUCHER
'_JEW YORK
rPayment
Agency Orig.Agency Code r
erest Eligible(Y/N)
(MM} (DD) (YY) C Use Only [L1abfllt;_da_te_ (MM) (DD) (YY)
. Additional 3 Zip Code Route Payee Amount
001939
e(Limit to 30 spaces) Merch/Inv.Recd Date(MM/DD/YY)
of Southold
(Limit to 30 spaces) Statistic Type Statistic
Address(Limit to 30 spaces) 5 Ref/Inv.No.(Limit to 20 spaces)
53095 Route 25
Address(Limit to 30 spaces) Ref/Inv.Date (MM) (DD) (YY)
PO Box 1179
City(Limit to 20 spaces) (Limit to 2 spaces) State Zip Code
Southold I NY 11971-0959
6 Date Check or Description of Charges Amount
Paid Voucher No. (If Personal Service,show name,title, period covered) Dollars Cents
Agricultural Land Development 'Rights
Raphael Vineyards
43.6463 ac--es $ 335,831 151
II
Contract No. 0800504 $ 155,000.00
i Contract No. C800510 . 183,831.51 !
71 State Aid Program or Applicable Statute:
TOTAL $ 338,811 1 51
g Payee Certifications:
I c3rtHy that the above expenditures have been made In accordance with the provisions Less Receipts
of the Applicable Statute; that the claim is just and correct; that no part thereof has been
pard except as stated; that the balance is actually due and owing; and that taxes which the
State is oyemot are excluded.
i NET $ 338,831 5i
in Ink
nMay 15,2000
Sicnaturs k Date
Title: Supervisor ;
State Aid $ 338,831 5 1-
Nam
Name of Municipality Town of Southold % Claimed
FOR STATE AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT _
Merchandise Received 1 certify that this claim is correct and just,and payment is approved. State. Y
Certified For Payment
Date Verified of
By State Aid Amount
Page No.
Date
.:..:
BY
ey Audited
Expertditure Liquidation
Cost Center Code Accum
Object Amo urtt Orig Agency PO/Contract Line FI
Dept. Cost Center Unit Var. Yr. Dept. Statewide
Otate of ,Rein York A
REMITTANCE ADVICE for CHECK NO. 60441988
NOTICE: To access remittance information on any one of your NYS payments,visit https://www2.osc.state.ny.usipay
Agen Code and Description Tele Inqui No Voucher No Payee Reference/Invoice No Ref/Inv Date Payment Amount
06000 ACRIc a MKTS 18- 85-8 40 4436 RAPHAEL VINEYA7.D5 09/05/01 183,832.00
1
i 11 4.
{ 1 20 t
77
• - . • IMM Check Total 1 *******$183,832.00
DETACH DERE PLEASE CASH
BEFORE CASHING WITHIN 180 DAYS
N
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W
S
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E
•
Parcel Protected Ke, Behren w, r watohman
Southold Town Supervisor Jean Cochran, center, hands over checks to
John and Joan Petrocelli, who sold the development rights of 43.6 acres to
the town on a parcel that is situated between Main Road and Leslie Road in
East Cutchogue, part of the Raphael Vineyards. "1 wouldn't have sold these
properties if I didn't live here," Mr. Petrocelli said, whose father's name was
Raphael. The parcel was purchased as part of the open space preservation
fund program.
Town buys Raphael rights
Southold pays
$336K for 43 acres
SOUTHOLD--The town purchased devel-
opment rights Monday to 43 acres of the 50-
acre Raphael Vineyard on Ihe Main Road in
Peconic, bringing its total of vineyard acres
preserved to 125, on four differenl vineyards.
The tab: $336,000, or $7,700 per acre.
"We think it's wonder-
ful,'' said Southold Town
Supervisor Jean Coch-
ran, who noted the
importance of saving
green space in the town.
"We've been looking
forward to this for a long
time." The supervisor
added that owner Jack
Petrocelli had offered to
sell his development
rights to the town sever-
al months ago.
"He's very glad to see
that the property will be
Right: Jack
and Joan
Petrocelli with
Supervisor
Jean Cobhran
at Monday's
closing on
Rapheel Vine-
yard develop-
ment rights at
Southold
Town Hall.
Suffolk Times photos
preserved/' Mr. Petrocelli~ attorney Abigail Wick-
ham said Wednesday of the acreage that stretches
from Main Road to Leslie Road. "The reason he
sold the development rights is because he owns a
home here and thinks it's important to preserve the
town's farmlan& He's really looking forward to
operating a winery and vineyard here."
The remaining seven acres
of the vineyard will be used
for the 15,000-
square-foot
Mediterranean
style winery that
Mr. Pet rocelli
hopes will be
completed by the
end of the year.
He's already
begun to build
the foundation,
work that started
shortly after the
project received
Planning Board approval in late Jan
uary. However, th{
Left:
Work
under way
at Raphael
Vineyards
in Peconic
this week
6n Petr0~lli
building dcpartmen
hasn'l yel issued
permit fm the win
ery, according It
building deparlmen
head Ed Forres~er.
P
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2004 Suffolk
Tax Map ?ook
1000-851-3-11.2
COUNTY OF SUFFOLK (~) ~ ...... ,~' SOUTHOLD
Red Property Tax Service Ager~y ~ ~
~' ,~,L, a .~,~ T ~ 1000
PROPERT'
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gomty. _ 300
Name. ~.Ra~haelV~ c ~.,:
~k :: Page ~ Da~S~le~nce :;~ d:O
Exempt!on Tot~ ~ , - , :Own '
Co~ A~ount '~. ~~' Pct
Spec alD~stnct Total: 3.~~r ::' :%' V~e / ~
Code ,: ~:~' s Pc/,Type ovela~ [yp ~:}~ mt : O~: ~0FT.Y Bu~t
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. /~.)n_,FS._..~_//~/~TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET ~ ~ C~,__::2~ 90 VILLAGE DIST. SUB. LOT
F~MER OWNER
N
S W ~PE OF BUILDING
~s. s~. w. ~~ ~o~. c~. ~,~s. ~,,.
~ND IMP. TOTAL DATE ~E~KS
I~ /~/ ~/~1/7~ ~p4!~'
Tilloble ~ ~ 0-¢ /~ ~¢¢ FRONTAGE ON WATER
Wo~land FRONTAGE ON ROAD
Meodowlond DEPTH
House Plot BULKHEAD
Totol
TOWN OF SOUTHOLD PROPERTY RECORD CARD
~ ~ . W ' ' TYPE OF BUILDING I j
RES.~/~ SEAS. VL FARM ~ COMM. CB. MISC. MEt. Value
~ND I~P. TOTAL DATE REMARKS
I
. -~ /~/.
AGE ~UIEDING CONDITIDN
N~ NORMAL BELOW ABOVE
FARM Acre Volue Per Volue
Acre
Tillable I ~ ~ /~ ~o a
Tillable 2
Tilleble "3
Woodlend
Swampland FRONTAGE ON WATER
Brushl~nd FRONTAGE ON ROAD
House Plot DEPTH
~/ / / ~ /~ BULKHEAD
Totol
DOCK
M. Bldg.
Extension
COLOR~
TRIA4
Foundation
3asement
Extension Ext. Walls
Extension
Fire Place
Type Roof
Porch Recreation Room
Porch Do~'mer ~h~~
Breezeway Driveway
Garage
Patio
O,B.
Total
Bath
:loors
Interior Finish
Heat
Rooms 1st Floor'
Rooms 2nd Floor
/
Dinette
LR.
DR.
iBR.
FIN. B.
2
0
0
4
A
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I
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i
SURVEY OF
PROPERTY
A T PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
1000 - 85 - 05 - 11
Scale: 1"= 100'
Feb. 28, 1995
JAN. 4,
Jon. 27, 1999 (revisions)
· Mot. 5~ 1999 (odd/lions
re v/dons)
N/O/F
EDWIN W. KORALE~KI
40'
,F.. 5 t. t
TOTAL AREA = 50. 48E9 ac, rea
CERTIFIED TO,
TOWN OF SOUTHOLD
~,RAPHAEL VINEYARDS. INC.
FTRST AMERICAN TITLE INSURANCE COMPANY
OF NEW YORK
N.Y.S. LIe. NO. 49618
Ig$O TRAVELER STREET
SOUTHOLD, N.Y. 119TI
95-128