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Home My WebLink AboutPugliese Vineyards LLC1000-97-1-16.4 (f/k/a 1000-97-1-p/o 16.1) Baseline Documentation Premises: 955 Bridge Lane Cutchogue, New York 13.3 acres Development Rights Easement PUGLIESE VINEYARDS, LLC to TOWN OF SOUTHOLD Deed dated April 2, 1998 Recorded April 14, 1998 Suffolk County Clerk - Liber 11888, Page 410 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: New Lot Created: Zoned: Existing Improvements: 1000-97-1-16.4 (f/k/a 1000-97-1-p/o 16.1) 955 Bridge Lane Cutchogue $117,927.00 (13.103 buildabe acres $9,000/acre) Agricultural Land Capital Funds n/a + 15.1 acres _+ 13.3 easement acres _+ 1.8 acres (n/k/a 1000-97-1-16.3) A-C In April 1998 - Active farmland; no improvements VALUATION OF THE ENTIRE PROPERTY A. Description of the Subject Site The subject parcel total acreage is approximately 15.165 acres. It is mostly rectangular with the following approximate borders: 2206'E x 303.9'S x 1909.12'W x 328.76'N. It has approximately 2,206 feet on Bridge Lane and the total parcel is approximately 660,585 square feet or 15.165 acres. The total acreage being off, red is open farmland. The topography is mostly level. The subject parcel is located in a mostly residential farm area. Located near the subject are vegetable farms as well as vineyards, sod foams, and 'landscaping nurseries. The homes are mostly occupied year-round however there is a noticeable second home component to the housing market. The nearest business district is the Hamlet area of Cutchogue which is located on Route 25 (Main Road) approximately 2 miles to the west. Bridge Lane is an improved, macadam road which is publicly maintained. The subject is located in flood zone C - not considered a flood zone area. The public utilities are electric and telephone. Water is provided from private wells and there are private cesspool/septic systems. There are no current plans for a residential sub-division according to the Town of Southold Planning Dept. The subject soil is mostly haven loam HaA. There is a slope of 0-2% and the soil is well suited for agriculture and development ofhomesites. 19 P R 0 P E R T Y V I S U A L S 1° Pine Crest Dunes (Boys Ca?rip)c Park District Beach ND IStote Route Geo Feature lawn, Small City Center Street, Road Major Street/Rood Store Route Ruilroad River Lond Mass Scale 1:62,500 (at center) I 2 KM . 4 Mag 13.00 Tue Mar 25 11:32:20 1997 P U B L I C H E A R I N G JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 30, 1997: RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 p.m., Tuesday, October 14, 1997, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing on the question of the acquisition of development rights in the agricultural lands of Pugliese Vineyards, LLC, Bridge Lane, Cutchogue, Tax Map #1000-097-01-016, 15 acres, $9,000.00 per acre. Judith T. Terry Southold Town Clerk October 1, 1997 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the lqth day of October, 1997, at 8:02 p.m., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of the development rights in the agricultural lands of Pugliese Vineyards, LLC, Bridge Lade, Cutchogue, Tax Map #1000-097-01-016, comprising 15 acres, at $9,000.00 per acre. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: September 30, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 9, 1997, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Town Clerk's Bulletin Board Pugliese Vineyards, LLC Land Preservation Committee FORWARD ONE (1) TOWN CLERK, TOWN PUBLIC HEARING SOUTHOLD TOWN BOARD OCTOBER 1L~, 1997 8:02 P.M. ON THE ACQUISITION BY THE TOWN OF SOUTHOLD OF TH[: DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF PUGLIESF VINEYARDS. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR COCHRAN: We will go to the second hearing that is scheduled on the acquisition of the development rights of Pugliese Vineyards, and it will be read by Councilman Moore. COUNCILMAN MOORE: "Notice is hereby given that pursuant to the~. provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the l~th day of October, 1997, at 8:02 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of the development rights in the agricultural lands of Pugliese Vineyards, LLC, Bridge Lane, Cutchogue, Tax Map #1000-097-01-016, comprising 15 acres, at $9,000.00 per acre. Further notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: September 30, 1997. Judith T. Terry, Southold Town Clerk." There is a detailed description for the property. I think we have a map up here. There is a notice of publication on the Town Clerk's Bulletin Board. I understand it has been published in the Legal Notices in the official paper. There is no correspondence. That's it. SUPERVISOR COCHRAN: Okay, you have heard the reading. I am sure the Chairman would like to address the Board first, and then I will call for anyone else that would like to have input into this action. pg 2 - PH DICK RYAN: Good evening. My name is Dick Ryan. I serve as your Chairman of the Town of Southold Land Preservation Committee. I put this aerial photograph up which outlines the parcel that is the subject of this hearing. The parcel has been recently purchased by Pugllese Vineyards. It's 15.165 acres in size with over 2,200 feet of frontage on the west side of Bridge Lane, in the hamlet of Cutchogue. Approximately 13.3 acres of the parcel are offered, subject to final survey, for purchase of the development rights. The approximately 80,000 square feet area reserved from the proposed purchase is ultimately intended for development of a single family residence, and this parcel, the reserved parcel, would be at the southern extremity of the entire lot. The purchase price is $9,000 an acre, totaling approximately $119,700, again subject to the results of the final survey. The market value of the proposed purchase was determined by a March, 1997 appraisal, commissioned by the Town Board from Andrew Stype. The zoning for the parcel is agricultural-Conservation. The soils are mostly in the Haven Loam classification, one of the prime agricultural soils of Long Island. Because the parcel is currently in agricultural production is in close proximity to other preserved agricultural lands east and west of Bridge Lane and is located and shaped for easy residential development. The Land Preservation Committee unanimously recommends the development rights purchase thereby preserving important agricultural lands and further assuring a continued-bucolic, country-llke environment to the area of Bridge Lane between the Main Road and the North Road. I urge the Town Board to accept the offer of development rights to approximately 13.3 acres of this parcel owned by Pugliese Vineyards, LLC, pursuant to the provisions of Chapter 25 of the Town Code, entitled, "Agricultural Lands Preservation". I thank you. SUPERVISOR COCHRAN: Thank you. Is there anyone that would like to address the Town Board in relation to the purchase of this property? (No response.) If not, I will close the hearing. Judith T. Terry Southold Town Clerk S E R E S 0 L U T I 0 N JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 14, 1997: RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Acquisition of the development rights in the agricultural lands of Pugliese Vineyards, LLC, Bridge Lane Cutchogue, Tax Map #1000-097-01-016, comprising 15 acres, at $9,000.00 per acre. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. Southold Town Clerk October 15, 1997 · 617.21 ~' Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (1'o be Bompleted by Applicant or ProjeGt sponsor) 1. APPUCANT/~PONSOR' t 2. PROJECT NAME Town of Southold Land Preserv. Comm. I'Pucjliese Dev. Ets. Easement Purchase 3. pROJECT LOCATION: Mumelpallty Town of Southold cuun~,, Suffolk SEQR .' 4. PRECISE LOCATION (Street address and road Intsme~tions, prominent landmarks, etc,. or provide maD) 953 Bridge Lane, Cutchogue West side of Bridge Lane, approx. 215' north of Main Rd. (NYS Rte. 25) 5. IS PROPOSED ACTION: [~ New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: . Purchase of development rights to approx. 13 acres of an approx. 15 acre parcel of agricultural land. 7. AMOUNT OF LAND AFFECTED:, Initially 13 acres eems Ultimately 13 acres auras 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXlETING LAND U~E RESTRICTIONS? ~'~ Yes I--1 No If NO, del~rlbe briefly WHAT IS PRESENT LAND USE IN VIOINI17 OF PROJEOT? [] Residential [] m¢lustdal [] Comm~lal [] Agdoulture [] Rerk/PoreeUOpen space De~ribe: A neighborhbod of mixed residential and agricultural uses. [] OthM 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl STATE OR LOCAL~? [] Yes [] No If yes, list aOen~7(s) and permlUapprovmle Approval of Southold Town Board 11. 0DES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALJD PERMIT OR APPROVAL? ~ Yes [] NO If yes, list ageecy name and pe~11iUapproval Southold Town Board approval to obtain appraisal of easement value and negotiate potential purchase 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ' DY.. [].o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllca~t/sponsor Signature: Bate: If the action 18 In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II--ENVIRONMENTAL A~ESE '"'~NT be completed by Agency) A. DOES AG~ION EXCEED ANY TYPE I TH~'I~,~HO-"~N 6 NYCRR. pART 617.127 If yes. ~)on~lnate the ~evlew pro,ese and uae the FULL FAF. r~ Yea [] No S. WILL A~'~TION RECEIVE COORDINATED REVIEW A~ PROVIDED FOR UNU~TEC ACTIONS IN 8 NYCRR, PART 817.67 If No. a negative declaration may be s~bemeded by &nether Involved agency. r-lyec r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECI'~ A~OCIATED WiTH THE FOLLOWING: (Answers may be L,~-~en, If legible) Cl. Existing air quality, surface or groundwater qualify or qoantlty, onlee levels, existing traffic patterns, soils wests production o~ potential for erosion, drainage or flooding brOblSm6? Explain I~tefly:. NO. C2. Aesthetic. agricultural, archaeological, hietOrlG, or other natural or cultural re~ourcea;'or community or netghbomood character? Ex, lain btlafl~ No. c3. vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered sl~eciea? Explain briefly; NO. C4. A community's existing plans or goals es officially adopted, or a change in use or Intensity of usa of land or othe. r natural resources? ExplaJn briefly NO. C5. Growth, subseduent develobment, or related activities likely fo be Induced by the probosed action? Explain briefly. NO. Ce. Long term, short te~m, cumulative, or other affects not identified in Cl-C57 Explain briefly. None. cz. Other impacts (including changes In u~e of either guantlty or type of energy)? Explain ~lafly. None. O. IS THERE. OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly ,,RT III--DETERMINATION OF SIGNIFICANCE (To be c~mpleted by Agency) INSTRUCTIONS: For each adverse effect Identified at)ova, determine whether It Is substantial, large, Importeot or otherwise significant. Each effect should be assessed In connection with its (a) setting (I.e. ud3an or rural); (b) probability of occurring; (c) duration; (d) Irreverslbility; (e) geographic scope; and (f) magnitude. If nanseasry, add attachment" or reference supporting materials. Ensure that exl~lanatlons contain sufficient detail to show that all relevant adverse Impacts have been identified and adm:luetely addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive declaration. [] Check this box If you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result In any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Southold Town Board Name ot I.ead Atjency Jean W. Cochran ~ Supervisor ~-~ ^' ..,,..,...o, ¥ October lq, 1997 P U R C H A S E R E S 0 L U T I 0 N JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER lq, 1997: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of Pugliese Vineyards, LLC; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 14th day of October, 1997, pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the town of $outhold acquire the development rights in the agricultural lands set forth in the proposed acquisition between the Town and Pugliese Vineyards, LI_C; now, therefore, be it RESOLVED that the Town Board hereby elects to purchase the development rights in the aforesaid agricultural lands owned by Pugliese Vineyards, LLC, comprising 13 acres, at a sale price of $9,000.00 per acre; said property located at Bridge Lane, Cutchogue, Tax Map #1000-097-01-016; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Pugliese Vineyards, L/C; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of the said development rights. Judith T. Terry Southold Town Clerk October 15, 1997 C L 0 S I N G E X P E N S E S PUGLIESE VINEYARDS, LLC to TOWN OF SOUTHOLD Premises: 955 Bridge Lane, Cutchogue SCTM #1000-97-1-p/o 16.1 (n/k/a SCTM #1000-97-1-16.4) 13.3 acres development rights easement Closing held: April 2, 1998 Purchase Price: Based on 13.103 acres ~ $9000/acre Payable to Pugliese Vineyards, LLC Check #46885 $117,927.00 Expenses of Closing: Appraisal Payable to Andrew Stype Stype Brothers Real Estate Inc. $ 1,000.00 Title Fees Payable to Fidelity National Title Check #46925 $ 932.00 Title Closer Attendance Fee Payable to Fidelity National Title Check #46822 $ 50.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016747 PUGLIESE VINEYARDS, .~JE Date Trx. Date Fund Account ............................ Begi 3/31/1998 3/31/1998 H1 .600 Select Record(s) or Use Action Code : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ 46885 SCNB : Invoice Code. 040298 : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment P Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. N : Date Released 3/31/1998 : Date Cleared. 4/30/1998 : F3=Exit F12=Cancel Disburs Inquiry by Vendor Name Detail--GL100N W-03311998-707 Line: 208 Formula: 0 : Account.. H1 .600 : Acct Des¢ ACCOUNTS PAYABLE : 3/31/1998 SDT 4/03/98 : 117,927.00 : PUGLIESE VNYRDS-DEV RGHT : 016747 : PUGLIESE VINEYARDS, LLC : Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (5 l 6) 765-1801 LAND pRESERVATION COMMITTEE TOWN OF SOUTHOLD February 26, 1996 Mrs. Judith T. Terry, Town Clerk Southold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mrs. Terry: At the Land Preservation Committee meeting of February 24, 1997, the committee voted to have Mr. Andrew Stype of Stype Brothers Real Estate, Inc. conduct the following appraisals: Joan E. Eickoff 955 Bridge La., Cutchogue Tax Map #1000-97-1-16.1 Acreage - 16.10 acres Edward & Rita Brown 3785 Oregon Rd., Cutchogue Tax Map #1000-94-3-2 Acreage - 37.5 acres Buovodantona Anthony Aliperti Northside of Oregon Rd. West of Alvah's La., Cutchogue Tax Map #1000-95-01-03 Acreage - 33 acres Therefore, we would like to recommend to the Town Board that Mr. Stype be contracted to perform this service for the committee at a fee of $3000.00. Very truly yours, · Gold GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 006182 FIDELITY NATIONAL T JE Date Trx. Date Fund Account ............................ Begi 3/31/1998 3/31/1998 H1 .600 4/14/1998 4/02/1998 H1 .8686.4.0 4/28/1998 4/28/1998 5/12/1998 5/08/1998 11/23/1999 11/17/1999 6/03/2002 6/03/2002 6/03/2002 6/03/2002 6/03/2002 8/27/2002 5/30/2002 5/30/2002 5/30/2002 5/30/2002 6/03/2002 8/22/2002 8/27/2002 8/22/2002 12/22/2003 12/22/2003 12/22/2003 12/22/2003 A .600 H1 .8686.4.0 H2 .8686.2.0 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H3 .600 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 5/04/2004 4/29/2004 H2 .8686.2.0 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : H-04141998-794 Line: 1 Formula: 0 : : Account.. H1 .8686.4.000.000 : :Acct Desc ADMINISTRATION, C.E. : : Trx Date ..... 4/02/1998 SDT 4/20/98 : : Trx Amount... 932.00 : : Description.. CLOSING-PUGLIESE VINYRDS : : Vendor Code.. 006182 : : Vendor Name.. FIDELITY NATIONAL TITLE : : Alt Vnd.. : : CHECK ........ 46925 SCNB : : Invoice Code. 40298 : : VOUCHER ...... : : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. N : : Date Released 4/02/1998 : : Date Cleared. 4/30/1998 : : F3=Exit F12=Cancel : GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 006182 FIDELITY NATIONAL T JE Date Trx. Date Fund Account ............................ Begi 3/31/1998 3/31/1998 Hi .600 4/14/1998 4/02/1998 Hi .8686.4.0 4/28/1998 4/28/1998 A 5/12/1998 5/08/1998 H1 11/23/1999 11/17/1999 H2 6/03/2002 5/30/2002 H3 6/03/2002 5/30/2002 H3 6/03/2002 5/30/2002 H3 6/03/2002 5/30/2002 6/03/2002 6/03/2002 8/27/2002 8/22/2002 8/27/2002 8/22/2002 12/22/2003 12/22/2003 12/22/2003 12/22/2003 5/04/2004 4/29/2004 ......................... Use Acti Select Record(s) or Use Action Code .600 .8686.4 0 .8686.2 0 .8660.2 6 .8660.2 6 .8660.2 6 H3 .8660.2 6 H3 .600 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H2 .8686.2.0 : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment P Liquid. : Type of 1099. N BOX. : Fixed Asset.. N : Date Released 3/31/1998 : Date Cleared. 4/30/1998 : F3=Exit F12=Cancel Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-03311998-707 Line: 88 Formula: 0 : Account.. H1 .600 : Acct Desc ACCOUNTS PAYABLE : 3/31/1998 SDT 4/03/98 : 50.00 : CLOSER FEE-PUGLIESE : 006182 : FIDELITY NATIONAL TITLE : 46822 SCNB : 040298 : Addl. : R E C O R D E D D E E D li8887 4 0 Number of pages TORRENS Serial # Certificate # Prior Cfi. # 32691 REAL ESTATE kPR 1 6 1~;8 TRANSFER TAX ~UFFOLK , ~uar~ 32691 [] ' RECORDED SUFFOLK¢OUNTY Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Handling /~. ' TP-584 ~ EA-5217 (County) J. SubTotal -J,/ . Comm. of Ed. 5 . O0 ' Affidavit Certified Copy Reg. Copy SubTotal ~{~ --' G ANBTOTAL '18 . qiX3 Real Property Tax Service Agency VeriF~ation Dist. Section Block Lot o/6, oo4 (N[W NUMBER) Mortgage Amt. l. Basic Tax 2. Additional Tax Sub Tolal . __ Spec./Assit. Spec./Add. . __ TOT, MTG. TAX Dual Town Dual County -- T=.~fe~ T= Mansion Tax The property covexed by this mortgage is or will be improved by a one or two family dwelling only. YES or NO -- If NO, see appropriate mx clause on page # of this lastmment Title Company Information , Name Title Number ! / .d/~J_?,4z~ ~__6' The premises herein is situated in t/ ?/ / SUFFOLK COUNTY, NEW YORK. TO In the Township of ,~'~(~ }~ or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (ADDRESS) SUffolk County Recording & Endorsement Page Thispage forms part of the attached Y~:~' ~ /blff/~J/~//*~-'~'~ made by: FEE PAID BY; Cash ___ Checkt/ Ciu~e Payer same as R & R ~ (or i[lliffemnt) DEED OF DEVELOPMENT RIGHTS ,,.../ THIS INDENTURE, made this ,;L'~-~ day of April, 1998, BETWEEN PUGLIESE VINEYARDS, LLC, residing at 2705 Bridge Lane, Cutchogue, New York, party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, P.O. Box 1179, 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 ($10.00) dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, the DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the properties described in the attached Schedule A. 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 described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto the party of the second part, its successors and assigns forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and 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. AND the party of the first part, covenants in all aspects to comply with Section 3 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: Agricultural Production - shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes. The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 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. 2 The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. The party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow party of the second part and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. The party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the seller, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non- compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 'P U'G~IE S E/~I ~'-ECAR D,~, L [ C by Ralph Pugliese STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the ~ day of April, 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared RALPH PUGLIESE, PUGLIESE VINEYARDS, LLC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the indivudal, or the person upon behalf of which the individual acted, executed the instrument. ( /N~ary Publi(~ SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of Bridge Lane distant northwesterly 548.00 feet from the corner formed by the southwesterly side of Bridge Lane and the northwesterly side of Main Road; RUNNING THENCE North 47 degrees 01 minutes 00 seconds East, 291.69 feet to lands now or formerly of R. Pugliese and J. Calabrese; THENCE along said lands now or formerly of Pugliese and Calabrese: 1. North 43 degrees 58 minutes 20 seconds West, 666.83 feet; 2. North 43 degrees 49 minutes 30 seconds West, 655.10 feet; 3. North 44 degrees 58 minutes 30 seconds West, 222.51 feet; 4. North 42 degrees 51 minutes 10 seconds West, 306.08 feet; THENCE North 47 degrees 47 minutes 30 seconds East, 328.50 feet to the south side of Bddge Road; THENCE Southeasterly along the southwesterly side of Bridge Lane the following 3 courses and distances: 1. South 42 degrees 21 minutes 00 seconds East, 912.00 feet; 2. South 43 degrees 05 minutes 10 seconds East, 635.28 feet; 3. South 42 degrees 59 minutes 00 seconds East, 328.55 feet to the point or place of BEGINNING. T I T L E P 0 L I C Y O Owner's Policy of Title Insurance Fidelity National Title Insurance Company of New York POLICY A Stock Company NUMBER FI~T9813228 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN .SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule a, sustained or incurred by the insured by reason of' I. Title to the estate or interest described in Schedule A being vested other than as stated herein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack ora right of access to and from the land. The Company will also pay the costs, attorneys 'fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Authorize~ Signature FORM 26-031-92-X(411/93) ALTA OWNER'S POLICY. 1990 (Revised 10-17-92) Fidelity National Title Insurance Company Schedule A - Owner's Policy Amount of Insurance: $117,927.00 Policy No.: FNT9713228F Date of Policy: April 2, 1998 1. Name of Insured: TOWN OF SOUTHOLD 2. The estate or interest in the land which is covered by this policy is: Fee Simple _ 3. T~tle to the estate or ~ntereSt:ini~tl~ei~hd:it~i~est~d:in:· .' TOWN OF SOUTHQ~: ::::::::~:;:llleans Of .a Deed:;~Me~d:.:.APr~t 2, 199~ from PUOLIESE VINEYARD, LTD. recorded April 14, t998 in;tlie S~ffoll~ COunty Clerk s Office. 4. The land referred to in this policy is described as follows: Southold, New York (516) 727-0600 FIDELITY NATIONAL TITLE INSURANCE COMPANY FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9713228 SCHEDULE A AMENDED 3/13/98 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of Bridge Lane distant northwesterly 548.00 feet from the corner formed by the southwesterly side of Bridge Lane and the northwesterly side of Main Road; RUNNING THENCE North 47 degrees 01 minutes 00 seconds East, 291.69 feet to lands now or formerly of R. Pugliese and J. Calabrese; THENCE along said lands now or formerly of Pugliese and Caiabrese: 1. North 43 degrees 58 minutes 20 seconds West, 666.83 feet; 2. North 43 degrees 49 minutes 30 seconds West, 655.10 feet; 3. North 44 degrees 58 minutes 30 seconds West, 222.51 feet; 4. North 42 degrees 51 minutes 10 seconds West, 306.08 feet; THENCE North 47 degrees 47 minutes 30 seconds East, 328.50 feet to the south side of Bridge Road; THENCE Southeasterly along the southwesterly side of Bridge Lane the following 3 courses and distances: 1. South 42 degrees 21 minutes 00 seconds East, 912.00 feet; 2. South 43 degrees 05 minutes 10 seconds East, 635.28 feet; 3. South 42 degrees 59 minutes 00 seconds East, 328.55 feet to the point or place of BEGINNING. Fidelity National Title Insurance Company Schedule B - Owner's Policy Exceptions From Coverage Policy No.: FNT9713228F This policy does not insure against Joss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights of tenants or persons in possession. Survey made by Anthony W. Lewandowski dated 2/17/97 and last dated 11/10/97 shows vacant land, reserved areas on northwesterly and southeasterly sides. No encroachments. Company excepts sewer charges that have not been specifically included on the tax report herein. (This objection will be omitted for Mortgage purposes only.) Note: Upon request the Company will order a sewer search to determine whether there are any open sewer charges affecting the premises and omit this objection for Fee purposes upon payment of all outstanding sewer charges. Fidelity National Title Insurance Company SCHEDULE B NEW YORK ENDORSEMENT (OWNER'S POLICY) to be attached to Policy No. FNT9713228F Attached to and forming a part of Policy of Fidelity National Title Insurance Company of New York 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has n~w gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The followlng is added t. o Paeagraph 7 of the ConditiOas and StipUlations of this policy: "(d) If the reeard~ng date of tho instrUments exeating thoilnSured l~terest is later than the policy date, such policy shall also cover intervening 1~ens Or iheumbran~esi eXCept real iestate~axes, assessments, water charges and sewer 3. Paragraph number 4 of the Exclusions from Coverage is deleted and the following paragraph ls substituted in its place: "4. Any claim, which arises out 0fthe transaction vesting in the insured the eState or interest insured by this policy, by reason of the operation of federal baakruptcy, state insolvency, or similar creditor's rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured bythis policy being deemed a preferential transfer, except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer~ or (ii)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when signed below by a validating signatory, is made a part of said policy and is subject to Exclusions from Coverage, Schedules, Conditions and Stipulations thereon, except as modified by the provisions hereof. DATED: 04-02-98 Countersigned ]By ~~ ~~ ~nthorized Officer or Agent STANDARD NEW YORK ENDORSEMENT (8/1/93) FOR USE WITIt ALTA OWNER'S POLICY O0-17-92) <XCLUSION$ FROM COVERAGE The following mailers are expressly excinded from the age of this policy and the Company will not pay loss or ,age, costs, attorneys' fees or expens~ which arise by re.son of: 1. (a) Any law, ordinance or governmental regulation (including hut not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or Ioc~tion of any improvement now or hereafter erected on the land; (iii) n separation in ownership, or a change in the dimensions or area of the land or any parcel of which the land is or was · part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or · notice of · defect, lien or encumbrance resulting from · violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of · purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claim·al prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attacking or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by Ihis policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that is based on: 0) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Compuny would have had against the named insured, those who suc- ceed to the interest of the named insured by operation of law as distinguished from purchase including, bet not limited to, heirs, distribetees, devisees, survivors, per- sonal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not comtructive knowledge or notice which may be imputed to an insured by reason of the ,public records as defined in this policy or any other records which imp~t constructive notice of mat- ters affecting the land. (d) "land": ~he land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. Tl~e term "land" do~s not include any pr~erty beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easemont in abutting streets, roads, avenues, alleys, lane~, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other securily instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of im~rting constructive notice of matters relating to real property to purchasers for value and without knowledge. ,W, ith res~c~ to Scctioq l(a)(iv) of the Exclnsinns From Coveraga, "public cecords shull also include environmen- tal protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the tide": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a porchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE Thc coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the i~ured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a pur- chaser from the insured, or only so king as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of thc estate or interest. This policy shall not continue in force in favor of any por- chaser from the insured of either (i) an estate or interest in the land, or (ii) an in- debtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 4(a) below, (ii) in case knowledge shall come to an in- sured hereunder of any claim of title or interest which is adverse to the titie te the estate or interest, as insured, and which might cause loss or damage for which thc Company may be liable by virtue of this policy or (iii) if title to the estate or in- terest, as insured, is rejected as unmarketable. If prompt notice shall not be g yen to the Comp·ay, then as to the insu~d all !Lability of the ~ompany ~hall terminate with regard to thc ·tatter or matters for winch promp~ notice ~s reqmred; prowded, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECIYrlON OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPI~,ATE (a) Upon wriaen re~luest by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, thc Company, at its own cost and without unreasonable delay, shall provide for thc defense of an insured in litigation in which any third puny asserts a claim adverse to the title or interest as insured, but only as to those ~.s~.a causes of action alleging · defect, lien or encumbrance or o~r matter insured against by this policy. The Company shall have the right to select couns~ of its own choice (subject to the right of the insured to object for or defending thc aedon or proceeding, or effecting settlement, and (ii) in any other of calculating thc amount of the loss or damage. If the Company is prejudiced by thc failure of thc insured claimant to provide thc teqinred proof of loss or damage, In atiditlo~ tbe imun:d dahnant may rcnsonably be required to submit to exanUna- tion under oa~ by any amhorized rq~seatmive of the Company and shall produce may be design~eed by any authorized representative of the Company, ail records, befme or al~er Date of Policy. which reasonably port·in to the loss or dm··gu. Further, if vequcslml by any authorlzed,repre~watafiv¢ of the Compuny, thc insured c~m~* shall grant its ponnisalon, in writing, for any authorized vqncsentefive ~ and ~ in the custody or co.mi of a third put~y, which be ali·closed to ~ unless, in the re·sam·bio judgment of the Compuny, it is ps required in the above paragraph shall tcnnirmte any liability of rite Company under this policy as to that claim. &. Oi~ION5 TO PAY OR OTHERWISE ~EI-I'LE CLAIMS; TEI~MINA?ION OF LIABILITY , In case of a clalnt under this policy, the Compan) Al have the following eddi- (st) To Pay or Tender Payment of the Amount of Insurance. To pay or tende~ payment of the nmo~t of insurance under this policy together with any co,ts, attorneys' fees and expenses ' .recurred by ~he insurnd ciaianmt, which were authorized by the Company, up to the Um~ of payment ~ tender of payment and which ~e Company is ohiigated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make ~he payment required, shall terminate, including any liability or obligation to defend pr~ecute or continue any litigation, and the policy shull be surrande~d to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured Or With the Insured Claimant. (i) to pay or otherwise scale with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, at- torneys* f~s and expenses incurred by the insured claimant which were authorized by Ihe Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage pro- vided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by'the Company up to the gime of payment and which the Company is obliga~cl to pay. Upon the exercise by ~he Company of either of the olXions provided for in pa~grapha Co)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments reqaired to be made, shall ter- miaate, including any liability or obligation to defend, prosecute or continue any litigation. ?. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE Th s poiic~ is a contract of indemnity against actual moneta~ loss or damage sustained or recurred by the insured claimant who has suffered uss or damage by ~uon of matters insured agala~t by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance steted in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. (b) In the eveot the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured esiate or interest or the full consideration paid for th~ e~tate or interest, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at lea~t 20 percent over the Amount of fusurance slated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the estste or interest at Date of Policy; or (ii) where a subsequent improvement has heen made, as to any partial loss, the Company shall oaiy pay the lo~s pro ra~a in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insulate s~nted ia Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and ex- penses for which the Company [s liable under this policy, and shall only apply to that per,ion of any loss which exceeds, in the aggregate, l0 parcent of the Amount of fusurance stated in Schedule A. (c) ~he Company will pay only those costs, atlornnys' fees and expenses nlcu~ in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule A consists of two or more paree]s which are not used as a slng]e site, and a Io~s is established affecting one or more of the parcels but not all, the loss shall ha computed and settled on a pro rata he,is a~ if the an~ount of insurance under this policy was ilivided pro rata a~ to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvemems made subse- quent to Date of Policy, unless a liability or value has otherwise heen agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an expre~ statement or by an endorsement a~ached to this policy. 9. LIMITATION OF LIABILITY (a) If the Company establishes the tiile, or removes the alleged defect, lien or encumbrance, o~ cures the lack ufa right of access to or from the land, or cures the claim of unmarketability of title or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any methnd, including litigation and ~he completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not he liable for any loss or damage caused thereby. (~) In the event of any litigation, including litigation by the Company or with the Company's consem, the Company shall have no liability for loss or damage until there has been a final dctecminailon by a court of competent jurisdiction, and dispesition of al~ appeals therefrom, adverse to the title as insured. (c) The Company shall not he liable for loss or dm~aage to any insured for liahihiy voluntarily assumed by the insured in se~]iag any claim or suit without the prior written consent of the Company. 10. R~DUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILrrY Ali payments under this policy, except payrc~nts made for costs, a~torneys' fees · nd expenses, shah reduce the amount of the insurance pro tanto. 12. PAYI~rF OF ~ (a) No p~fme~ shall be made withom producthg this policy for endorsemem of the payment ?.less ~he policy h~. haan Ios~ or . _desuoy. nd, in which case proof of Co) When Ila~l~y sad the e~mt of loss or damsge has beea definitnly fixed in Ctsi~ of ~ ~y's ~t of ~n~ ~ ~ i~ ~ich ~vide for sub~tion U~ pmhibi~ by a~li~blc law, eider ~e ~y or ~e i~ur~ may dc- Arbi~fion As~t~n. A~i~bic ~ ~y include, but a~ n~ limit~ to, any con~ve~ or c~ ~tw~ ~e C~y ~ ~ ~ur~ afisin~ ~t of or relating · c Comfy or ~e insu~. ~ ~it~ble ~e~ when ~e ~oum of Insu~n~ is in ex.ss of $1,~,~ s~l ~ a~i~nt~ o~y when ag~ to by ~ ~e Com- · e Rules in cf~t at Date of ~licy s~l ~ ~ing u~n ~e ~es. The award award ~er~ by ~ A~it~to~s) ~y ~ enter~ in ~y ~u~ ~vi~ ~urisdiction ~e~f. ~e ~w of~ si~ of~e land ~l ~ply to an ~bit~on un~r ~e Title fu- su~nce A~i~fion Rules. ~) Any c[~m of loss or d~e, whe~er or not ~ on nngligen~, and which (c) No ~e~m of or endorsement to ~s ~licy can ~ ~e except by a wfiilng e~o~ hewn or a~ch~ hereto si~ by eider &e ~sident, a Vi~ sig~te~ of ~e Com~ny. 16. SE~IL~ fu ~e event any provision of ~e ~licy is held invalid or unenforc~ble under provisions shall re.in in ~11 force and 17. NO~C~, ~ ~ P R O P E R T Y R E C O R D S Winemaker Ralph Pugliese dead at 73 Cutchogue vinter who started with homemade in Queens was a pioneer on the East End BY JULIE LANE I STAFF WRITER Ralph James Pugliese was born in Ralph Pugliese, who co-founded Pugliese Vineyards with his wife, Pa- tricia, died Monday morning, May 16, at his home in Cutchogue. He was 73. Mr. Pugliese was one of the pio- neers of the East End wine industry, buying land in Cutchogue in 1980 where he planted his first two acres of grapes, according to his son Peter, who continues as winemaker. Winemaking was always in his fa- ther's blood, he said, recalling that when he was a toddler, his dad was making wine at home in Queens. By 1986, PuglieseVineyards bottled and sold its first wines -- chardon- nay and cabernet savignon, he said. Pugliese Vineyards today is set on 55 acres of land and has produced nu- merous award-winning wines and champagnes. As the years went by, Pugliese Vineyards produced merlot, pinot noir, riesling, cabernet franc, zinfandel and niagara grapes for its wines and cbampagnes. Wines from Pugtiese Vineyards won numerous awards over the years, including a double gold medal for its Blanc de Blanc brut at the Los Ange- les County Fair and a gold medal from the Taster's Guild for the same wine. Patricia Pugliese continues to Ralph Pugliese Sr. with his wife, Patricia. hand-paint wine bottles and wine glasses for customers to purchase as special gifts. The operation remains a family endeavor, with son Peter as winemaker, son Lawrence serving as vineyard manager, daughter Do- menica Penny overseeing the tast- COURTESY PHOTO ing room operation and son Ralph Jr. making calendars and pictures of the vineyard. "He provided a wonderful life for the family," Peter Pugliese said of his father. "He just did it out of his heart. We know he was the best." Brooklyn on Aug. 9, 1937, to Raffaele and Margharita (Petraglia) Pugliese. Before moving full-time to the North Fork in about 1987, he was a delegate for 20 years to Local 65 of the Plas- terers Union. In addition to his wife and children, he is survived by eight grandchildren and two siblings, Car- mela Fratlanni and Lorenzo Pugliese. Four other siblings, Theresa Roman, Felice Pugliese, Frances Iabichella and Jospeh Lubrano, predeceased him. When he wasn't consumed with his work at the vineyard, he loved fishing and anything related to the sea, Peter Pugliese said, adding that his father had congestive heart failure and had been ill for some time. Visiting hours will continue today, Thursday, May 18, from 2 to 4 and 7 to 9 p.m. at Coster-Heppner Funeral Home in Cutchogue. A funeral ser- vice vdll take place tomorrow, Friday, May 20, at 11:15 a.m. at Our Lad), of Good Counsel Church in Mattituck, followed by burial at Sacred Heart Cemetery in Cutchogue. The family has requested that con- tributions in Mr. Pugliese's memory be made to the Cutchogue Fire partment Rescue Squad. jlane~timesreview.com File View Toolbar Help )7 -1-16 4 4?3889 SouihOId Active Pu~li~6-Vine.u;m:d~ Uc RollYear: I2005 Cu,r Y, Land ,ighi~ LandAV: 95~ Lan~Size: 13_2G acre, :~ ' Tota~AV: ~am~: ;? P~g (e~e Vine~aids LLc County: ~00 S~reet,: 270~Bf~dge Lane , : ~ale Tel&l: O' : Site I oll 80ok PSge: *: Sale DaLe Sale P ice 0wnef ~rpgls: Land Exe ~ .:Total: 1 * Term Oen Building 4173~AGR-INDApP 1~600 0 : 0 Prints the screen ~,'scart ~,nbo×- r, nic,osoct outlook I ,W RE'. ,ikJ's birthday- Mess,,, l~_..~ baseline documentation.,. Il I~ RPS 'Version 4- [Snap.. 1 9 9 7 P H O T O S A E R I A L S 2001 Aerial PUGLIESE VINEYARDS, I_LC 955 Bridge I,ane, Cutchogue +13.3 acres development rights easement S U R V E Y · 9t2.0 5, [2. PL,~I~t¢5r~ ¢' "/'