Loading...
HomeMy WebLinkAboutHallockville (Red Tail Partners)1000-75-7-1.5 Baseline Documentation Premises: 1600 South Harbor Road Southold, New York 22.516 acres · Development Rights Easement HALLOCKVILLE, INC. to TOWN OF SOUTHOLD Deed dated October 2, 1987 Recorded October 9, 1987 Suffolk County Clerk - Liber 10442, Page 182 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Approved Subdivision: Zoned: Existing Improvements: 1000-75-7-1.5 (f/k/a 1000-75-7-p/o 1.1) 1600 South Harbor Rd Southold $124,000.00 ($5,500/acre) Agricultural Land Capital Funds n/a 28.6 acres 22.516 easement acres 1000-75-7-1.3 = 1.5 acre 1000-75-7-1.4 = 4.6 acres 1000-75-7-1.5 = 22.5 acres A-C None in 1987 AREA AND NEIGHBORHOOD ANALYSIS Subject property is located on the west side of South Harbor Road, approximately 1,300 feet to south of Route 25 in the Hamlet of Southo,ld; Township of Southold; County of Suffolk; State of New York. the The subject property is entirely currently being farmed in an agricultural area. The Iocation and desirability and ease of development would be rated as average to above average. The water source is private, however, there is a Town Water System located 200 feet to the north of the property. There appears to be an adequate supply of dependable and acceptable water, however, all agricultural land has a potential possibility for Nitrates and Temik in the wells. Subj~ct'property is located in the immediate area of residential properties and agricultur~ lands, £~bject property is located in the Southo].d School and Fire Districts~ / The co~venience to schools, shoppinf~ and 5he ade~]acy of public transportation are all average. DESCRIPTION OF IMP.ROVEMENTS There are no improvements. However, the street improvements include South Harbor Road which is a paved asphalt street. Public utilities are electric, telephone and cable T.V. P R 0 P E R T Y V I S U A L S George Wells CEDAR SWAMP ROAD GLEN HEAD, LONG ISLAND, N.Y. AUG g ~ 1986 /fr¢ ¢, u-,¢ '7- '18, ,¢£4,, DESIGNER AND MAKER OF RUGS AND WALL HANGINGS,.. 516 ORiole 6-2056 SUBJECT PROPERTY WELLS ROAD FRONT LOOKING SOUTH 23. SUBJECT PROPERTY WELLS LOOKING WEST FROM THE FRONT 23. f f~ SUBJECT PROPERTY WELLS LOOKING EAST TO THE FRONT O P T I O N A G R E E M E N T WOE K-SESSION .'SOUTHOEDTOWN BOARD MARCH. 10, 1987 Present: Supervisor-Francis'J;.Murphy, :Justice Raymond W; Edwards, C~uncilman Paul 5toutenburgh,.'C~tJddlman James A. Schondebare { 10 a.m.)'~ C0UndiW~m'an Jean W'..CeChran~ 'T0~vn Clerk Judith T.' Terry, TOWn Attorney Robert W. Tas.kJar (9:q5 a.m),~,' Absent: :,C6uncilman George L. Penny IV. i SUPERVISOR MURPHY: Number 1-7 is~'to ~xecute an option"agreement for/~wo more p~rcels :under Our Farmland: PFeservat.0n PrOgram. I offer:that r~s01uti(~f~. ~'.They 'in:El'allockville,. on Southl Harbor Road, in~SouthbJd~ 223 ac~-es, and (he .Lulah Mae Latham property on the South sid&of Routei25 in'.Orieht, 25 acres. So he~ce~ another 45- ~6 acres coming into the program. ~ 17. Moved by Supervisor Murphy, seconded by Councilwoman Coghran, it 'was RESOL~/ED that the Town B~ard of the Town of Southold hereby authoHze~fl-and directs SupervisOr Francis'J. Murphy to execute Farmland Development Right Acclu st 0ns r .Opt on A~reements.,'for ,the f011owin~ two parcels: 1. Hallockville, lng., west side South Harbor Road, South01d, 22.4 acres. 2. Lulah Mae Latham, south sidb Route 25, Orient, 25 acres. 17.-Vote of the Town Board: Ayes: Councilwoman .Cochran, Councilman Schondt~bare, Councilman Stoutenburgn~ Justice Edwards, Supervisor Murphy. This' resolution was declared duly ,ADOPTED. OPTION AGREEMENT 1986 THIS AGREEMENT made this 30th day of December /between HALLOCKVILLE, [NC., a charitable organization ~i~ offices at Sound Av~6r~h~ii~~, ......... hereinafter described as the Optionor, 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 described as the Optioneeo WlTNESSETH: 1. In consideration of the sum of Ten ($10.00) Dollars, paid by the Optionee, the Optionor does hereby give and grant to the Optionee the exclusive option, right and privilege to purchase the premises at We~t ~ide o~ South Harbor Road, Southold. Tax mao no. 1000-75-7-1.1. and more particularly described in Schedule A annexed hereto, made a part hereof, and initialed by the parties hereto. 2. That this option shah continue in effect until t2 o~clock midnight on the 60th day after the Southold Town Board holds a public hearing on the question of the-acceptance of this option, as required and provided in Section 25-~0 of Chapter 25 of the Southold Town Code. The Optionee represents that it will hold such public hearing within ~$ days from the date hereof. In the event that the Optionee fails to hold such hearing within ~5 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 ~ve thousand~ ~J. ve 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. q. If this option is exercised by the Optionee as herein provided, the Optionor 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 made a part hereof, and marked Exhibit A. STATE OF NEW YORK) COUNTY OF SUFFOLK) On this ~O day of , 19~3, 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 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 said corporation; and that he signed his name hereto by like order. Notary Public STATE OF NEW YORK) SS,: COUNTY OF SUFFOLK) On the .day of 1985, before me personally came to me known to be the individual described in and who executed the fore,{Ioing instrument, and acknowledged that executed the same. STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the ~Oth day of December came VERITY 0~BRIEN Notary Public , 198S;~ before me personally to me known, who, being by me duly sworn, did depose and sa'y that She resides at 37 Hampton St., that ~he is the President of Haltockville. Inc.. , the corporation described in and which executed the foregoing instrument; thatShe knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it mas so affixed by order of the board of directors of said corporation, and that she signed her name therto by like order. 5. This option is to be exercised by the Optionee by written notice signed by the Optionee and sent by registered or certified mall prior to the expiration date, to theOptionor at his address set forth above. 6. The deed conveying the Development Rights in the premises shah be in the form annexed hereto and made a part hereof and marked Exhibit B. IN WITNESS WHEREOF, the parties hereto have executed and delivered this agreement the day and year first above written. **SIGNATURE MUST BE NOTORIZED, SEE PAGE 3 Optionor . Optionor RIDER A Description of Premises BEGINNING at a point on the westerly side of South Harbor Road and the easterly side ofland of George J. Wells, said point being 2106.37 feet frem the southerly side of Main Road, .running thence southerly along said land of George J. Wells 175 feet more or less to land now or formerly of Lappe, running thence westerly along said land now or formerly of Lappe S. 73 degrees 43' 00" West, 1243.71 feet to land now or formerly of Manitta, running thence northerly along said land now or formerly of Manitta N. 10 degrees 46' 40" West, 1099.84 feet to land now or formerly of SurozensKi, running thence along said.land now or formerly of Surozenski, the following two courses and distances: (1) N. 77 degrees 17' 00" East, 401.90 feet, (2) N. 76 degrees 37' 30" East 447.59 feet to a point on the northwesterly corner of other land of George J. Wells, running thence southerly along said other land of George J. Wells 175 feet to land now or formerly of Pettit and continuing southerly along said land now or formerly of Pettit S. 9 degrees 38' 50" East 200 fc~-to said other land of George J. Wells and again continuing sout~erly along said other land of George J. Wells 521 feet more or less to a point on the southwesterly corner of said other land of George J. Wells, running thence easterly along the southerly side of said other land of George J. Wells, 410 feet more or less to the point or place of BEGINNING. P U B L I C H E A R I N G 'SOUTHO LD TOWN BOARD WORK SESSION ' -! Pl~es'ei~. · Supervisbr Francis'J..'Murphy, :Justice Raymond W;' EdwardS~ Cc~unci]man ~ ~..Ul'Stoutenburgh,:-C(~ricil/nan Jame~ ,g,'. Schondebat:e (10 a~m..}', cc~un'Cii~man~.J~ean :. '".C~i~hran~,..TOWn clerk JuditE T.' Terry, Town Attorney .Robert W. Tas.k~r .(9. q:5 a;m),~ Absent: ;C&uncilman George L. Penny IV. number 18 is:-a public'hearin~ on that program. -- ~:~ SUPERVISOR MURPHY: And . . .~.~,.- ~ _ . ..18. Moved by Counci.lman Stoutenburgh, seconded, by Councilman SchondeErgire;i ~t 'was RESO,LVED. that the Town Board of tl~e ToWn ,of Southold hereb 'schedules the fOl!o~ing p~ul31ic:hearit~g ~0r ACquisi'tibh of Development RLi~hts .iYn"A9~icUJtbPal' Lands: 8:00 P.M. ,. T~esday:, April ?~I :1987., Southold Tow~ Hall, :'Main'R(~,a~., S0uthold, New YorE: 1. Hallockville, Inc., west sid& South Harbor Road, Southo'ld, 22. q 'acres, -.:~. ...... 2. Lulah Mae Latham. sou(h side Route 25; Orieht, 25. acres. 18.~Vote of'.the Town Board: Ayes: Councilwoman Cochran, Councilman Schonclebare, Councilman Stoutenburgh~ Justice'Edwards, Super'¢isbr.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 $outhold constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a Publi~;Heering on the 7th day of April, 1987, at o~clock P.M., at the Southold Town Hall, Main Road, Southold, New York or the questioh of the acceptance of optiohs for the acquisition, by the Town o Southold, of the development rights in the following parcels of agricultural lands, to wit; 1. A parcel of land owned by Hallockville, Inc., comprising approximately 22.4 acres located on the west side of South Harbor Road, Southold, New York. 2. A parcel of land owned by Lulah Mae Latham, comprising approximately 25 acres located on the south side of Route 25, Orient, New York. FURTHER NOTI¢,E is given that option agreements between the owners the above describec~parcels of land and the Town of Southold, containing a more detailed descriptioh of the above mentioned parcels of land, are on file in the Southold Town Clerk.s Office, Southold Town Hall, Main Road, Southol New York, and may be examined by any interested person during normal business hours. DATED: March 10, 1987. JUDITH T. TERRY $OUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 19, 1987:, AND FORWARD TWO (2) AFFIDAV OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Farm~and Preservation Committee Town Clerk's Bulletin Board Hallockville, Inc., a/c Robert Pike, Esq. Lulah Mae Latham, a/c Diana Day Latham PUBLIC HEARING SOUTHOLD TOWN BOARD April 7, 1987 - 8:00 P.M. IN THE MATTER OF THE PROPOSED ACQUISITION OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF HALLOCKVILLE, INC. AND LULAH MAE LATHAM. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare CouncilWoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry SUPERVISOR MURPHY: I'd like to open the public hearing in regards to the acquisition of development rights in agricultural lands from Hallockville, Inc. and Lulah Mae Latham, and to be read officially by Councilman Schondebare. COUNCILMAN SCHONDEBARE: "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 ToW~t~, Board of the:Town of Southold will hold a Public Hearing on the 7th day of April, 1987, 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 development rights in'the follow- ing parcels of agricultural lands, to wit: I. A parcel of land owned by Hallockville, Inc., comprising approximately 22.4 acres located on the west side of South Harbor Road, Southold, New York. 2. A parcel of land owned by Lulah Mae Latham, compris- ing approximately 25 acres located on the south side of Route 25, Orient, New York. 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 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: May 10, 1987. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication of this ~by The Long Island Traveler-Watchman. An affidavit of publication of the same by The Suffolk Times. An affidavit of posting of this notice on the Town Clerk's Bulletin: Board by the Town Clerk. And I have no other correspondence or communications in the file. SUPERVISOR MURPHY: Thank you, Jay. This~was the reading on the two parcels. Is'there anyone who would like to comment on the Hallockville parcel fir,~t? Anyone inthe audience would like to make any comments at all? (No response.) Any members of the Town Board like to make any comment on the Hallockv~i[le parcel? COUNCILMAN STOUTENBURGH: Couldn't be better. SUPERVISOR MURPHY: I would like to ask if there is any comments on the Latham parcel in'Orient? Anyone in'the audience would like to make any comments at all? (No reslponse.) Any Town Board members? ,Page 2 - Hallockville, In~, ')Lulah Mae Latham ~) COUNCILMAN STOUTENBURGH: Again I'd like to just say I'm all in favor, particularly because this'is a very historic~farm. This farm, by the way, is'the farm of Roy Latham, who is probably one of the most distinguished naturalists on the entire Eastern Seaboard, and this 'is possibly one way of holding this 'and hopefully some day the whole farm with the wetlands will be dedicated as a sanctuary to his 'memory. SUPERVISOR MURPHY: I Would like to repeat that, Paul. I don't think we could have a better program. Okay, if'there's no comments I Would like to close the public:hearing. Judith T. Terry ~/ Southold Town Clerk RECEIVED APR 8 1987 6outhold Town Clerk Robert D. Pike Counselor at Law 155 Sound Avenue Baiting Hollow, NY i1933 516 727-7204 516 727-0491 April 6, 1987 COPY FOR YOUB II(FORMATION Southold Town Board Main Road Southold, New York 11971 re.: ~quisition of Farmlad Development Rights Property owed by Hallockville, Inc. To the Members of the Board: It has been my honor over the last several years to be a member of the Board of Directors of Hallockville, Inc. and to serve from time to time as a volunteer lawyer on projects for Hallockville. As you know, Haltockville, Inc. is dedicated to the preservation of our farming history and tradition. The group is continuing efforts to develop the resources available at the Hallockville site in the northeast corner of the Town of Riverhead. My responsibilities as a Riverhead Town Councilman prevent me from appearing tonight on Dehalf of Hallockville to congratulate you on your Farmland Preservation Program. Your program provides an opportunity to accomplish the permanent preservation of 22 acres of farmland in Soutnold an~ to continue capital improvement to the Hallockville facility in the Town of Riverhead. As you know, with the gracious assistance of George Wells, Hallockville acquired the title to the property w~ich you are considering tonight and we have, without reservation, decided to accept the financial consideration offered by the Town of Southold to const~a~ate a transaction that is clearly in the interest of all parties involved. After the develo~ent rights are severed from the property, we look forward to returning the property to active agricultural production. nave alreaay rceived nu~nerous offers and calls from individuals interested in doing this. I, therefore, ask you to consider favorably adopting a resolution authorizating the acquisition of develolanent rights to this property. is an honorable program that I hope more farm owners would avail themselves of. It Thank you for your consideration and I look forward to hearing favorably from you in the near future. Robert D. Pike Counselor at Law RDP:ls cc.: MS. Verity O'Brien P U R C H A S E R E S O L U T I O N JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHON[-7 (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 7, 1987: WHEREAS, the Town Board entered into an option agreement with Hallockville, Inc. for the purchase of development rights in agric01tural 19nds, and WHEREAS, the Town Board held a hearing with respect to said option on the 7th day of April, 1987, pursuant to the provisions of Section 25-4 of the Southold Town Code, and WHEREAS, the Town Board deems it in:the public'interest that the Town of Southold acquire the development rights in:the agricultural lands set forth in'the option agree- ment with Hallockville, Inc., now, therefore, be it' RESOLVED that the Town Board hereby elects to exercise the option to purchase the development rights in the aforesaid agricultu:ral lands owned by Hallockville, Inc., and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Hallockville, Inc., and BE IT FURTHER RESOLVED that the Supervisor be and he hereby is 'authorized and directed to execute any and all required documents required for the acceptance of said' development rights. Judith T. Terry 09' Southold Town Clerk April. 9, 1987 R E C O R D E D D E E D 10442 P lg2 INDENTURE THIS INDENTURE, made this ~ day of 1987, betweenHALLOCKVILLE, INC.,[charitable organization with offices at Sound Aveuue, Northville, New York, party of the first part, and the TOWN OF SOUTHOLD, amunicipal corporation of the State of New York, havin9 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 Ten and 00/100 ($10.00) Dollars, lawful money of the United States, and other 9cod and valuable consideration p~.id by the party of the second part, does hereby 9rant a:'d release unto the party of the second part, its successors and assigns forever, the Development Rights, by which is meant the permanent legal interest andri§ht, as authorized by Section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that tarm is presently defined in Chapter of the Southold. Town Code, and th$ right t6 prohibit or restrict the use of the premises for any purpose other ~han agricultural production, to ALL those pieces or parcels of land, Situate, lying and being in the Town of Southo~d, County of Suffolk.. and State of New York, bounded and described a~ follows: 10442 BEGINNING at a point on the westerly side of South Harbor Road and the easterly side of land of George J. Wells, said point being 2106.37 feet from the southerly side of Main Road; THENCE South 9 degrees 38 minutes 50 seconds East along the westerly side of South Harbor Road 175 feet to land now or formerly of Lappe; THENCE westerly along said land now or formerly of Lappe South 75 degrees 45 minutes 00 seconds West 1243.71 feet to land now or formerly of Manitta; THENCE northerly along said land now or formerly of Manitta North 10 degrees 46 minutes 40 seconds West 1099.84 feet to land now or formerly of Surozenski; THENCE alon9 said land now owformerly of Surozenski the following two courses and distances: 1. North 77 de~rees 17 minutes 00 seconds East 401.90 feet; 2. North 76 degrees 57 minutes 50 seconds East 456.75 feet to a point on the northwesterly corner of land of George J. Wells; THENCE South 9 degrees $8 minute~ 50 s~conds East along last mentioned land and along land now or formerl~ of Pettit and land now or formerly of Wells 878.59 feet; i0442 Pti54 THENCE North 73 degrees 43 minutes O0 seconds East 402.70 feet to the westerly side of South Harbor Road at 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 therof, TOGETHER with 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 th~consideration for this conveyance and will hold the r~ghts to receive s~ch consideration as a trust fund to be applied first for the purpose of payi~gthe 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 oth~'r purpose. The party of the first part, as a covenant running with*the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. The definition of "Agricultural production" as defined in Section 25-30 of Chapter 25 of the SoutholdTown Code is as follows: "Agricultural production - shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merehandising~of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes". The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be sDbdivide~ into plots by the filing of a subdivision map pursuant to Section~ 285 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. 10442 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) By HALLOCKVILLE, INC. On this ~lday of Oc~ob~¢' , 1987, before me personally came FRANCIS J. MURPHY, to me known, who being by me duly swor~, did depose and say that he resides at 01d 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 said corporation; and that he signed his name hereto by like order. STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) NO~R¥ PUBLIC, State of New~orE No. 4739549 - Suflo~k Coun~ ~ ~ Commission Expires, April 30, 19-Z[ [ On this ~',t day of 0(~ , 1987, before me'' personally came VERITY 0BRIEN, to me known, who being by me duly.sworn, did depose and say that she resides at 37 Hampton Street, Westhampton Beach, New York; that she is the of President the corporation describe'din andwhieh executed the above instrument; that she knows the seal~f said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the 5 board of directors of said corporation; and that she signed her name hereto by like order. Notary Public 9U~AN POST ROGER9 NOTARY PUBLIC. State of New York No 4739542 - Sulf~lk County~_~ Commission E×p[res, April 30, 19__,/ T I T L E P 0 L I C Y FTWC 200 TITLE INSURANCE POLICY First American Title Insurance Company of New York Policy No.Z 315528 Title No. 605-8-4212 ~tt ~onoideration o~ 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 ex- penses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defector defects of title affecting the premises described in Schedule A or affecting the in~erest 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 encumbrances 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 prio/.lty over the interest insured hereby, or by reason of a lack of access to and from the.yJremises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth in Sched- ule B, or by the conditions of this 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. ~ c'~itneoo C'~hereo~, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK has caused this policy to be signed and sealed on its date of issue set forth herein, the policy to become valid when countersigned by an authorized signature COUNTERSIGNED Peconic Abstract ~ 369-0222 .~- Jeanne Anstett Office ~ (S~g Ova) FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK PRESIDENT r~T~'/C - 3 6 Rev, 77 First A i) 'ican Title Insurance Co' i ) of New York Amount of Insurance $124,000 · 00 Date of Issue 10/2/87 PolicyNo. Z 315528 Title No. 605-S-4212 Nameoflmumd: TOWN OF SOUTHOLD Theestateorinterestinsuredbythispo~cyis FEE SIMPLE By a deed from HALLOCKVILLE, INC. dated in the Suffolk County Clerk's Office. vested in the insured by means of 10/2/87 and recorded 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 following estates, interests, defects, objections to rifle, liens and encumbrances and other matters are excepted from the coverage of our standard form of policy: 1. Defects and encumbrances arising or becoming a lien after the date of this policy. 2. Consequences of the exercise and enforcement or attempted enforce- ment of any governmental war or police powexs over the premisas~ 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or improvement of the premises, adopted or imposed by any governmental body, or the effect of any non- compliance with, or any violation thereof. 4. Judgments against the insured or estates, interests, defects, objec- T. Survey made by Roderick Van land. No variations. flons, liens or encumbrances created, suffered, assumed or agreed to by or with the privity of the in~ured. $. Title to any property beyond the lines of the premises, or fitic to &teas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the fight to maintain tbcrein vaults, tunnels, ramps or any other structure or improvement, unless this certificate specifically provides that such titles, fights, or easements a~e insured. Notwithstanding any provisions in this paragraph to the contrary, this certificate, 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 ty used in connection with said premises or otherwise. Tuyl dated 7/30/87 shows vacant Titl~ No. SCHEDULE A AMENDED 8/26/87 ALL that certain plot, piece or parcel of lend, 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 westerly side of South Harbor Road and the easterly side of land of George J. Wells, said point being 2106.37 feet from the southerly side of Main Road; THENCE South 9 degrees 38 minutes 50 seconds East along the westerly side of South Harbor Road 175 feet to land now or formerly of Lappe; THENCE westerly along said land now or formerly of Lappe South 73 degrees 43 minutes 00 seconds West 1243.71 feet to land now or formerly of Manitta; THENCE northerly along said land now or formerly of Manltta North 10 degrees 46 minutes 40 seconds West 1099.84 feet to land now or formerly of Surozenski; THENCE along said land now or formerly of Surozenski the following two courses and distances: 1. North 77 degrees 17 minutes O0 seconds East 401.90 feet; 2. North 76 degrees 37 minutes 30 seconds East 456.75 feet to a point on the northwesterly corner of land of George J. Wells; THENCE South 9 degrees 38 minutes 50 seconds East along last mentioned land and along land now or formerly of Pettit and land now or formerly of Wells 878.59 feet; THENCE Nor{h 73 degrees 43 minutes O0 seconds East 402.70 ~feet to the westerly side of South Harbor Road at the point or place of BEGINNING. The policy to be issued under this report will insure the title to such buildings a~d improvements erected o~ the preKnises which by law constitute ge'al property. FOR TOGETHER with all the right, title and interest of the party of the first party, of, in and to the land lyin CONVEYANCING in the street in front of and adjoining said premises. ONLY CONDITIONS OF THIS POLICY I. Definitions (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 hmitation, heirs, distfibutees, devisees, survivors, personal representa- tives, next of kin or corporate successors, as the case may be, and those to whom the insured has assigned this policy where such assignment is permitted by the terms hereof, and whenever' the term "insured" is used in the conditions of this policy it also includes the attorneys and agents of the "insured." (b) Wherever the term '.'this company" is used in this policy it means First American Title Insurance Company 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. (dj Wherever the term "the premises" is used in this policy, it means the 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. Defense and Prosecution of Suits (a) This company will, at its own cost, defend the insured in all actions or proceedings fo~:nded on a claim of title or encumbrances not excepted in this policy. (b) This company shall have the fight and may, at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon any convenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all cases where this policy requires or permi;~s 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 a~l appeals from any determination therein, and give it all reasonable aid/'tberein, and hereby it to use therein, at its option, its own ~;~e or the name of the 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 hable therefor to the insured or to this company. 3. Ce.scs Wbere Liabgity 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. (b) Where there has been a final aetermination adverse to the-title upon a lien or encumbrance not excepted in this pohcy. (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 insuxed pursuant to the judgment or order of a court and the title has been rejected because of a defect or encumbrance not excepted in this policy and there has been a final determination sustaining the objection to the title. (dj Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior lien or encumbrance not excepted in this policy; or where a recording officer has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because ora defect in the title to the said mortgage. (e) Where the insured shag have negotiated a loan to be made on the security of a mortgage on the insuted'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 ot encumbrance not excepted in this pohcy. (fl Where the insured shall have transferred the title insured by au instrument containing covenants in regard to title or warranty thereof and there shall have been a final determination on any of such covenants or warranty, against the insured, because of a defect or encumbrance not excepted in this policy. (g} Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that-the insured is not entitled to a full award for the estate or intel~st taken because of a defect or encumbrance not excepted in this policy~ No claim for damages shall arise or be maintainable under this policy (1) if this company, after having received notice of an alleged defect or encumbrance, removes such defect or encumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. 4. Notice of Claim In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in ease actual knowledge shall come to the insured of any claim adverse to the title insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process of pleading in any action or proceeding, the object or effect of which shall or may be to impugn, attack or call in question the validity of the title hereby insured; the insured shall promptly notify this company thereof in writing at its New York office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving tlds notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such faihtre has not prejudiced and cannot in the future prejudice this company. 5. Payment of Loss (a) This company will pay, in addition to the toss, all statutory costs and allowances imposed on the insured in litigation carried on by this company for the insured under the terms of this policy. This company shall not be liable for and will not pay the fees of any counsel or attorney employed by the insured. (b) In every case where claim is made for loss or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may involve liabdity under its policy; or (2) may terminate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liabihty, demand a valuation of the insured estate or interest, to be made by three axbiUators or any two of them, one to be chosen by the insured and one by this company, and the two thus chosen selecting an umpire. Such valuation, less the amount of any encumbrances on said insured estate and interest not hereby insured against, shall be the extent of this company's liability for such claim and no fight of action shall accrue hereunder for the recovery thereof until thirty days after notice of 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 or its designee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by aribtxation shall not apply to a policy insuring a mortgage or leasehold interest. (c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary interest of such collateral holder in the premises. (dj Ali payment made by this company under this policy shall reduce the amount hereof pro tanto 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) if the insured is a mortgagee payments made to satisfy or subordinate prisr liens or encumbrances not set forth in Schedule B. (e) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within thirty days thereafter. CONDITIONS (Continued on Back of Schedule B) ? CONDITIONS (Continued from Back of First Page) 6. Co-Insurance and Apportionment (a) In the event that a partial loss occurs after the Insured makes an improvement subsequent to the date of this policy, and only in that event, the Insured becomes a co-insurer to the extent hereinafter set forth. If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the improvement. The foregoing provisions shall not appIy to costs and attorneys' fees incurred by the Company in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy or to costs imposed on the Insured in such actions or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of thc face of the policy. Provided, however, that the foregoing co-msurance provisions shall not apply to any loss arising out of a lien or encumbrance for a liquidated amount which existed on tile date of this pohcy and was not shown in Schedule B: and provided further, such co-insurance provisions shall not app]5 to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed undred twenty per ccntum of the amount of this policy. If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels, exclusive of improvements made subsquent to the date of this policy. (c) Clauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor. (d) If, at the time liability for any loss shall nave been fixed pursuant to the conditions of this policy, the insured holds another policy of insurance covering the same loss issued by another company, this company shall not be 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, tmless another method of apportioning the loss shall have been providea 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 insure 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 rate manual of New York Board of Title Underwriters filed with the Superintendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the liave assumed any liability [or the sufficiency ol any proceedings after thc date ol this policy. 8. Subr,ogatinn (a) nlhis company shall to the extent of auy payment by ~t of loss under this policy, be subrogated to ;dl rights ~d Ilie insured with respect tlierelo. The insured shall execute such instruments as may be requested to tranzfer ,moll rights to 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 releasing the personal liability of tlic obligor or guarantor or lrom releasing a portion of the premises from the lien ol the mortgage or from Increasing or otherwise modifying thc insured moltgage provided such acts do not affect the validity or priority of the lien of the mortgage insured, llowever, the liability of this company under this policy shall in no event be increased by any sucli act of the insured. 9. Misrepresentation Any untrue statement made by the insured, with respect to any material fact, or any suppressmn ol or lailu~e to disclose any material fact, or any untrue answer by the insured, to material inquiries before tlie tssuance of this policy, shall void tliis policy. 10. No Waiver of Conditions This company may take any appropriate action under the terms of this policy whetlier or not it sgat[ be liable hereunder and shall not thereby concede liability or waive any provision of tiffs policy. 1 1. 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 of action that the insured may have or may bring against this company in 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 signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments creating the insured interest is later than the policy date, such po[icy shall also cover inte~ening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents. AMER! First American Title Insura~xe Company of New York 1050 FRANKLIN AVENUE GARDEN CITY, NEW YORK 11530 210 COURT STREET RIVERHEAI), NEW YORK 119111 171) BROADWAY NEW YORK, NEW YORK 10038 ()NE NORTH BROAI)WAY P.O. BOX.832 WHITE PI.AINS. NEW YORK 10601 188 MONTAGUE STREET BRO()KLYN, NEW YORK 1120t '¢TWC 125' P R O P E R T Y R E C O R D S [] Other Peconic Bay Region Community Preservation Fund Please print or type. i! Schedule A Information Relating to Conveyance , Name (individual; last. first, rciddle~init iai) Mlceli, Christopher Mailing address 95 Mayflower Avenue CRy Sta~e Willisbon Park ~Y East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Social Security Number Tax map designation Address Villa.ge Town Dist Seclion B~ock Lei 1000 75 7 ,.5 [600 South Harbor Eoad $outhold $outhold [] lmproYed Condition of conveyance (check all that apply) k. - Contract assignment I, - Option assignment or surrender m. - Leasehold assignment or surrender n.- Lea.sehold grant o.- Conveyance of an easement P.~ Conveyance fo~ which exemption is claimed (complete Schedute B. Part 11) q- Conveyance of property partly within and partly without [he state a. -XConveyance of fee Interest f.- Conveyance which consists of a ~mere b. - Acquisition of a controlling interest (state change ef identity or form of own~rshlp or percentage acquired %) organizafion percentage transferred % ,; :, ~ ~[eyip~sly paid will be ~!aimed: Schedule B - Community Preservation Fund Part I - Computation of Tax Due 1, Enter amount o! consideration for the conveyance (from li~te 1 TP584 Schedule B .... 1 877,917 O0 2. Allowance(see below) ................. . 2 75,000 O0 3. Taxable consideration (subtract line 2 from line i) ............... ~.8737~i~000! · 2 F, Community Prese~vafion Fund (of kne 3) make'certified check pa~lable lO SUFFOLK COUNTY CLERK 5. Property no[ subject to CPF Tax (See Scheaul;C) ~'~"e~p~" . . ~ ~ [] For recording o[ficer's use Amount received ~ Date received Allowance: East Hampton Shelter Island Southampton Riverhead $250,000.00 improved $250,000.00 Improved $250,000.00 Improved $150,000.00 Improved $150,000.00 Improved $!O0,O00.O0:Vacant Land (Un mproved $i00,00'0.00 Vacan La~ (Unimproved) $100 O00.OOVacan Land{Un reproved) $ 75,000.00 Vacant Land (Unimproved) $ 75,000.00 ~acant Land (Unimproved) SALE LOCATION DESCRIPTION GRANTOR GRANTEE LAND SIZE CONSIDERATION LIBER / PAGE DEED DATE RECORDED DATE SUFFOLK TAX MAP ZONING VERIFIED PRICE PER UNIT South Harbor Road Southold, NY 11971 Acquired Develop. Rights Robert Miceli Red Tail Partners 22.52 ± Acre(s) $877,917.00 12432/300 1/9/2006 1/24/2006 1000-75-7-1.5 A-C Office of A. Tohill (Attorney for Grantee 3/06) $38,983.88 per Acre COMMENTS AND ANALYSIS This is a sale of land without development rights. The parcel sold with crops for a vineyard. The property is at or near road grade and has frontage of 175'± along South Harbor Road. The price per acre is $38,983.88. The grantee also owns the adjacent property to the south. Sale ID: 3342 GIVEN I I I I I I I I I I I I I I I I SALE PHQTQGRAPH South Harbor Road Southold, NY 11971 SCTM #1000-75-7-1.5 Sale iD: 3342 ~GIVEN s~ 2.2A 2005 Suffolk County Tax Map Book ?.5 NOTICE COUNTY OF SUFFOLK (]~) ~ ......... ,..~ SOUTHOLD Real Property Tax Service Agency ¥. ...... ~ ~. ~,' ~ ~ ~c ~ ~t~ ~ ~ 1000 SECTION NO O75 PROPERTY ~ ~,-.~:: .......... - T~a i~ Ta~V~lue ~ ~m t ': ~/~:~::~ Co~ty - 3 400 , ~: I : ., Book. 10976 ~ ~-; :~ : Munm' 3.400 S~t ~ Ma~llo~ Ue : Sc~ol; 3.400 pO;~ ~;? ~ ~ : Bank: g ~ ton Pa~, NY: ZpJ:::l:1596: S~ afl~ ~af: 3.400 Acc No' s~l~~- T~.l/~~ ;::~ S~. ~ "! ~ L..~ ~.~ 0 Boo~ g~ SaleDa~e ;~Brice~,Owner PrpCls: Land69htS :~ ~ Nbh~gd: 0 , .~ U lities: uild~ Total: 0 ~Exemptlon:?::; ~:~ To a:O : Tem Own B g Code~ :7: . . Amou~ Year Pct spe~ia!~p~s~i~t L~ To~l: 4 Value/ ~ Improvement Total: C~ f* U~t~ Pot Type Ueve Tax ~ Type Name _ Dim1 Dim2 SOFT FO028 ~ ~Uthold FD :.00 .O0 .00 ~ PK070 S~uthold Pink ~O0 .00 00 ~ . PrinL¢ the ~,oCeer J' ~tol'l:I ~.~,nbox-Nicroso~OuUook I[0 RPSVer,ion4-r~;nap... 473889 SOUTHOLD 75.-7-1.5 1600 SOUTH HARBOR RD = OWNER & MAILING INFO :== CCEL! CHRISTOPHER MAYFLOWER AVENUE WILLIS?ON PARK NY 11596 NYSRPS ASSESSMENT INQUIRY SCHOOL SOUTHOLD SCHOOL PRCLS 129 LAND RIGHTS DATE : 08/27/2004 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 08 :MISC I======== ====== ASSESSMENT DATA :=:======== RS-SS I **CURRENT** RES PERCENT I ~LAND 3,400 **TAXABLE** BANK ~TOTAL 3,400 COUNTY 3,400 **PRIOR** TOWN 3,400 ~LAND 3,400 SCHOOL 3,400 ITOTAL 3,400 ==DIMENSIONS ===~======= SALES ACRES 22.52 IBOOK 10976 SALE DATE 11/15/89 SALE PRICE IPAGE 510 PR OWNER HALLOCKVILLE =======TOTAL EXEMPTIONS 0 =============~== TOTAL SPECIAL DISTRICTS CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE IFD028 IPK070 ~WW020 ISW011 Fl=NEXT PARCEL F3:NEXT EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF INFORMATION ================================== 182,000 VALUE F4=PREV EXEMPT/SPEC F10=GO TO MENU ~PLANNING BOARD MEMBERS Bennett Orlowski, Jr. t Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD October 23, 1990 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Peter B. Colgrove Payne, Wood & Littlejohn Three School Street Glen Cove, New York 11542 RE: Minor Subdivision for George J. Wells SCTM~ 1000-75-7-1.3, 1.4 & 1.5 Dear Mr. Colgrove: The following took place at the meeting of the Southold Town Planning Board on Monday, October 22, 1990. The final public hearing, which was held at 7:35 P.M., was closed. The following resolution was adopted: WHEREAS, Estate of George Jewett Wells, Timothy Wells and Christopher Miceli are the owners of the property known and designated as SCTM#1000-75-7-1.3, 1.4 & 1.5, located at the west side of South Harbor Road; 1248.26 feet south of Main Road in Southold; and WHEREAS, this minor subdivision, George Jewett Wells, Timothy Wells & 3 lots on 28.653 acres; and to be known as Estate of Christopher Miceli, is for WHEREAS, a variance for insufficient area of Lot 1 was granted by the Zoning Board of Appeals on December 19, 1989; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on March 5, 1990; and Page 3 Estate of George J. Wells WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 22, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated April 28, 1989. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Timothy Wells Victor Lessard, Principal Building Inspector Charles Watts, Assessors Office Raymond Jacobs, Highway Superintendent APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H, SAWICKI JAMIgS DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. llg?l TELEPHONE ,~516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3889 Matter of TIMOTHY AND GEORGE WELLS. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval oP insufficient are in this pending division of land. Property Location: Southold Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the application of TIMOTHY AND GEORGE WELLS, under Appeal No. 3889; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally view and are familiar with the premises in q~estion, its present zoning, and the surrounding areas; and W/4ER~AS, the Board made the following findings of fact: 1. The premises in question is located along the west side of South Harbor Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 075, Block 07, Lots 1.3, 1.4, 1.5. 2. This is an application for Variances from the Zoning Code Article III A, Bulk and Parking Regulations Section 100-30 A.3, Article I, Section 106-20, for approval of insufficient area in this pending division of land. Page 2 - Appl. No. 3889 Matter of TIMOTHY Abed GEORGE WELLS Decision rendered January 9, 1990 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and Of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and s%fo-dividing the proposed division of land in any other area will require other variance relief; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; {c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance as applied. Accordingly,-on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GPJuNT a Variance in the matter of the application of TIMOTHY ~ GEORGE WELLS as applied under Appeal No. 3889. Vote of the board: Ayes: Messrs. Goehringer, and Dinizio (Absent Serge Doyen and JosePh Sawicki). resolution was duly adopted. Grigonis, This df RECEIVED AND FILED BY TF~ SOIITt{OLD TOWN CLERK Town Cler~, To~n of Southold GERARD p. GOEHRINGER, CHAIRMA/~ TH~l~D~made the /~ dayof~( ~, ' ~ Hallockville, Inc., a Ne~ York no~-for-profi~ corporation Sound Avenue, Riverhead, Ne~ York ll~O1 TAX MAP :' 1000 07.5.0 07.00 b): 001. OC party of the first part, and Christopher Miceli 95 Mayflower Avenue, Willingston Park, New York 11596 party of the second part, WITb[~.g,~I'H, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AIL that certai.n plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being m the Town of Southold, County of Suffolk, State on New York BEGINNING at a point on the westerly side of South Harbor Road distant 2106.37 feet southerly along the westerly side of South Harbor Road from the corner formed by the intersection of the westerly side of South Harbor Road and the southerly side of Hain Road; THENCE along the westerly side of South Harbor Road South 09 degrees 38 minutes 50 seconds East 175 feet to lands now or formerly of Lappe; THENCE along lands now or formerly of Lappe South 73 degrees 43 minutes O0 seconds Nest 1243.7I feet to lands now or formerly of Manitta; THENCE along lands now or formerly of Nanitta North l0 degrees 46 minutes 40 seconds West 1099.84 feet to lands now or formerly of Suroze~ski; THENCE along lands now or formerly of Surozenski the following two (2) courses and distances: 1. North 77 degrees 17 minutes O0 seconds East 401.90 feet; 2. North 76 degrees 37 minutes 30 seconds East 456.75 feet to lands now or formerly of Timothy ~ells; THENCE along lands now or formerly of Timothy Wells, lands now or formerly of Rettit and lands now or formerly of George Wells South 09 degrees 38 minutes 50 seconds East 878.59 feet; THENCE along lands now or formerly of George Wells North 73 degrees 43 minutes O0 seconds East 402,70 feet to South Harbor Road, the point or place of BEGINNING. This conveyance is authorized by the vote of two thirds of the entire board, of Hallockville, Inc,, grantor. rOGETHER with all rigbb title and btterest, if any, of the party of the first part in and to 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; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. THE premises transfered hereby do not constitute all or substantially all of the ~assets of Haliockville, Inc., a not for profit corporation. Ai~D u,e party gl uc first part covenauts that the party of the first part has not done or suffered anything whereby the said remises have been encumbered in any way whatever, except as aforesaid. AND the party o~Pthe first part, in compliance with Section i3 of the Lien Law covenants that the patty o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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 of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. iht WH'b[E.S$ WHl~OF~t~fv/r~v of the first part has duly executed this deed the day and year first above DEC 5 1989 1RANV FR 1AX HALLOCKVILLE, INC. ' /Velricy O'Brion' ' On the day of 19 89 , before me personally c.~'n e ~ to me known to be the individual descri~d')n and who executed the foregoing instrument, and ack~w edged that executed the same. On the 15 day of November 19 89 , before me personally came Verity 0'Bz?len t~ me known, who, being by me duly sworn, did depose and say that ~ae resides at No. 37 Hampton Street: Uest:hamtpon,Reach, Net~ York ; that she is the President: of HaIlockvilIe, Inc. 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 corpora- tion,.and that .~h¢ iigned~eraame thereto by like order· HERBERT A. FEIGENBAUM ~mission ~oir es D~c, STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before me personally c-une to the known to be the indlvid~al described in and who ex~cuted the foregoing instrument, and acknowledged that executed the same. On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ' to be the individual described in and who executed the foregoing instrument; that he, s~id subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. HALLOCKVILLE, INC. TO BLOCK 0 7- ~ COUNTY OR TOWN SUFFOLK TAX BILl,lNG ADDRESS CHRISTOPHER MICELI TICOFI TITLE GUARANTEE I~C)O-'~'.~- y- ~. ~ I TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET /~ ~ ~ VILLAGE DIST. SLIt~. LOT CLf, .,I.?, , FORMER (~ WN,ER N ~ E ACR. l t S ~"W TYPE OF BUILDING LAND IMP. TOTAL DATE REMARK8 / FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET V~,LLAGE DIST. SUB. LOT E ACR. { FORMER OWNER N S W - ~PE OF BUILDING RES. LAND IMP, TOTAL DATE REMARKS .... '"' FRONTAGE ON WATER TILLABLE ~ FRONTAGE ON ROAD WOODLAND DEPTH MEAOOWLAND BULKHEAD HOUSE/LOT TOTAL A E R I A L S 2001 Aerial SCTM #1000-75-7-1.5 Premises: 1600 South Harbor Rd, Southold +22.52 acres develoPment rights S U R V E Y SU ~0%EN MICELI E2.51~ AC. / PETTIT MAP OF' MINOF2. SUBDIVISION PI~EPAI~ED FOIZ T1HOTHY WELLS CI:i-~ I STC) I:::>'H EI'Z I"IlCELI AT 50 UTHOLD TON, dN OF ~3UTI-IOLD N,Y. N025TAE TEUST C~. m - MELVILLE, Ny. 117'4~7 0 SCALE- 100" I" FACl U TI ~ ~ ~ ALL LO ~ ~ ~i5_~6~ ~MPLY li-tE SLIFFO/.~ C~).DEPA~TMENT OF' HEALTH, .... - ........ PI~OFE~IO 1'4AL LAND SUFFOLK COUNTY ~I~N~' HEALTH 5ER¥1CE~ New Yod~ this i: , that the I on the aboue date. These ;aciiities m[mt conform to standards ~n effect e! ~h approval shall be valid cnly in the e'..nt .~aid ~ubdlvisinn/deve*- ~1 / '% J , Jopment plan is dul~ liled wi~.h the ~,.~t,nt,7 Clerk with,r, L month.~ '., I Jthis date. Consent Is beFeby given for the filing of th!s n'~ap :~r ,{.~- J JwhiGh th~s endorsement appears m ,t~.. Office o~ the County Clerk I J County Sanitary C~e. ~,~ s,-r~-4~oo w., T~r ~ I sau -mwu f -- ~,5' I- -- g COAP. SE T THI~ ~AP I~ LE~ THA~ ~ ~.. ~ IN ~, ~ ~'~'~. ,~ ~e- CAST ~NUHENT5 HAV~ BEEN SET AT ~IN~ 5HO~N ~= g EOPERIC[ VAN TUY~ UCENSED~D~U~Of~S -- G~EENPO~T,N~ TYPI~,d- C~ Fa:N)L EEY MAP 6I-FT-~