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~
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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.
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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
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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.
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'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
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..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
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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
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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
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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__,/
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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'
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[] 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
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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
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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-~