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HomeMy WebLinkAboutRuland, William1000-107-11-10 & 1000-115-2-3 (f/k/a 1000-115-2-2.1 & 3) Baseline Documentation Premises: 125 Mill Lane & 16555 Route 25 Mattituek, New York 64.207 acres Development Rights Easement WILLIAM P. RULAND to TOWN OF SOUTHOLD Deed dated January 12, 1999 Recorded January 26, 1999 Suffolk County Clerk- Liber 11941, Page 600 SCTM #: 1000-107-11-10 & 1000-115-2-3 (f/Ida 1000-115-2-2.1 & 3) Premises: 125 Mill Lane & 16555 Route 25 Hamlet: Mattituck Purchase Price: Funding: $449,449.00 64.207 buildable acres $7,000/acre) Agricultural Lands Capital Funds and NYS Ag & Markets Grant ($337,500.00) Total Parcel Acreage: Development Rights: Zoned: 64.207 acres 64.207 easement acres (1000-107-11-10 = +14.336 acres and 1000-115-2-3 = '49.781 acres) R-80 and A-C Existing Improvements: In February 1998- Barn and two framed sheds in southeastern sector A. D~¢eription of the Rubjeet Rite The subject consists of three parcels. Parcel if 107-11-10 is located on the west side of Mill Lane. The total acreage is 13.5 acre, however there is a pond, irrigation pump and woodlands with wetlands consisting of approximately 2+- acres - therefore the taking parcel will be 11 acres. The parcel is rectangular in shape. The north boundary of 438' is located on Long Island Railroad. The east boundary on Mill Lane is approximately 1,800'. The south boundary on Main Road is 149'. The parcel is rolling, vacant farmland. The second parcel - 115-2-2. I is directly across Mill Lane. The total acreage is 35+- acres however, there are two buildings on the property and will be taken out with 2 +- acres. The acreage offered to Town of Southold will be 33. The parcel is rectangular in shape. There is 743' N on Long Island Railroad. The west boundaryon Mill Lane is approximately 1,44Y. There is approximately 400'S on Main Road. The parcel is rolling, vacant farmland. The third parcel adjoins parcel//2. The total acreage is 18 acres. The north boundary on Long Island Railroad is approximately 355'. The east boundary is 2,19Y, the west boundary is 2,168'. The south boundary is 60' on Main Road. The public utilities to ail parcels are electric and telephone, water is provided from private well and there are private cesspools. The soils are mostly HaA with HaB. The slopes are from 0-6%. The soil is well suited for agricultural operations and homesites. There are no current plans for subdivision approved. All roads are macadam type, publicly maintained. There are street lights and sidewalks. The subject parcels are located in a mostly farm area with residential subdivisions. Mattituck School is one block to the west. The shopping district of MatQtuck is 1/2 mile west. The subject farm is currently occupied as vacant farmland. The subject is zoned R-80 & AC. The purpose is to reasonably control and prevent the unnecessary loss of open lands. The town desires to regulate subdivision while honoring the legitimate interests of farmers. The permitted uses are: one family dwellings, agricultural operations including wineries, buildings, structures owned and operated by the Town of Southold. The minimum requirements are: 80,000. sq.' per homesite 175' lot width' 250' lot depth 60' front yard 45' both side yards According to the Town of Southold, the annual taxes and assessed values for 1996-1997 are as follows: Taxes ................................. 107-11-10 115-2-3 115-2-2.1 $ 219.48 w/exemption $ 2,124.17 w/o 3300 total assessed value $ 337.17 w/exemption $ 2,896.63 w/o 1500 total assessed value $ 646.61 w/exemption $ 4,634.58 w/o 7200 total assessed value 16 A P P R A I S A L R E S 0 L U T I 0 N SOUTHOLD TOWN BOARD WORK SESSION Present~ Supervisor Jean W. Cochran, Joseph L.i: ~ownaend, Jr., Councilwoman Councilman William D. Moore, L. Dowd.., JUNE 10,' 1997 Councilwoman Alice J. Hussie, Councilman Ruth D. Oliva, Justice Lot~isa P. Evans, Town Clerk Judith T. Terry, ~own Attorney *~ury 5.-Moved by Councilman Townsend, seconded by Councilwoman 0 ira, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew D. Stype, Certified Real Estate APpraiser, at a total ~ee of $2,000.00, to conduct appraisals on behalf of the Land Preservation Committee on the following properties: Robert E. Van Nostrand Between Orchard ~; King Streets, Orient Tax Map #1000-25-q-11.1~ Approximately 17.6 acres William P. Ruland Mill Lane, Mattituck Tax Map #1000r107~11.~10 Approximately 13;25.acres . William P. Ruland Ma[n: Road ~, Milt Lane, Mattituck Tax:Map #1000-115~2-2.1 Appi-oximately 33 acres 5.-Vote of the Town Board: Ayes: Councilman Counc|lwoman Ollva, ; Councilman Townsend, Supervisor Cochran. Thls resolution was duty ADOPTED. William P. Ruland Maln Road, Mattltuck Tax Map #1000-115-2-3 Approximately 18 acres Moore, Justice Evans, Councilwoman Huss|e, P R 0 P E R T Y V I S U A L S / / 'Z Z ~ ..4 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 DECEMBER 9, 1997: RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 p.m., Tuesday, January 6, 1998, 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 Reynold Blum, Main Road and Peconic Lane, Peconic, N.Y., Tax Map 81000-075- 01-015.1, 23 acres, $7,800.00 per acre; and be it further RESOLVED that the Town Board hereby sets 8:02 p.m., Tuesday, January 6, 1998, 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 William P. Ruland, Mill Lane and Main Road, Mattituck, N.Y., Tax Map ~1000-107-11-010, and #1000-115- 02-002 & 003, approximately 66.5 acres, $7,000.00 per acre. Judith T. Terry / Southold Town Clerk December 10, 1997 LEGAL NOTICE NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 35 of the Southold Town Code, the Town Board of the Town of Southold will hold public hearings on the 6th day of January, 1998, 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 the following individuals: 8:00 p.m. - Reynold Blum, Main Road and Peconic Lane, Peconic, N.Y., Tax Map #1000-075-01-015.1, 23 acres, $7,800.00 per acre. 8:02 p.m. - William P. Ruland, Mill Lane and Main Road, Mattituck, N.Y., Tax Map #1000-107-11-010 and #1000-115-02-002 & 003, approximately 66.5 acres, $7,00.00 per acre. NOTICE IS FURTHER GIVEN that the files containing a more detailed description of the aforementioned parcels are available in the $outhold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, N.Y., and may be examined by any Dated: December 9, 1997. interested person during normal business hours, JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 24, 1997, AND AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Committee Reynold Blum William P. Ruland Town Clerk's Bulletin Board FORWARD TWO (2) TOWN CLERK, TOWN PUBLIC HEARING SOUTHOLD TOWN BOARD JANUARY 6, 1998 8:02 P.M. ON THE QUESTION OF THE ACQUISITION BY THE TOWN OF SOUTHOLD OF THE DEVELOPMENT RIGHTS IN THE AGRICULTURAL LAND OF WILLIAM P. RULAND. Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Laury L. Dowd Councilwoman Alice J. Hussie Councilman William D. Moore of Southold of the development rights in the agricultural lands of Wllllam P. Ruland. COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 35 of the Southold Town Code, the Town Board of the Town of Southold will hold public hearings, on the 6th day of January, 1998, 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 the following individuals: 8:00 p.m. - Reynold Blum, Main Road and Peconic Lane, Peconic, N.Y., Tax Map #1000-075-01-015.1, 23 acres, $7,800.00 per acre. 8:02 p.m. - William P. Ruland, Mill Lane and Main Road, Mattituck, N.Y., Tax Map #1000-107-11-010 and $1000-115-02-002 & 003, approximately 66.5 acres, $7,000.00 per acre. NOTICE IS FURTHER GIVEN that the files containing a more detailed description of the aforementioned parcels are available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, N.Y., and may be examined by an interested person during normal business hours. Dated December 9, 1997. Judith T. Terry. Southold Town Clerk." SUPERVISOR COCHRAN: You have heard the reading of the public notice. Is there anyone that would like to address the P, oard on this acquisition? pg 2 - PH DICK RYAN: My name is Dick Ryan. I am your Chairman of the Town of Southold Land Preservation Committee. I have an aerial photograph here, which outlines the subject parcel under consideration located in Mattltuck. The property has been farmed by the Wines and Ruland families for generation, going back as far as 1736. It is .known as Mill Lane Farm and has received designations as a Empire State bi-centennial farm in 1976 from the NYS Agricultural Society, and a national centennial farm in 1988 from the U.S. Department of Agriculture. The entire property is within Suffolk County Agricultural District #1. The property totals approximately 66.5 acres in size, subject to survey, with over 720 feet of frontage on the north side of Main Road and from 1400-1800 feet of frontage along the sides of M~II Lane. The northern boundary fronts along the Long Island Railroad. The entire property is offered for the purchase of development rights. This represents the largest-sized proposed purchase by the Town of Southold, in the history of it's farmland preservation program. The purchase price is $7000/acres, totally about $465,500 , again subject to survey. The market value of the proposed purchase was determined by an August, 1997 appraisal, commissioned by the Town Board from Andrew Stype. The zoning for the parcel is Low-Density Residential R-80 and Agricultural-Conservation, minimum lot size of 80,000 square feet. The soils are mostly in the Haven Loan classification, one of the prime agricultural soils of Long Island. The farm contains a small freshwater pond and woodland corners, which are considered important enhancing components to uses of the entire property and adjacent areas. The property has historically been in agricultural production as a potato and vegetable farm, more recently expanded to include grain crops. It is located across Main Road from open space lands fronting on Maratooka Lake, which were recently gifted to the Town by The Nature Conservancy. The property is in close proximity to the Mattituck-Cutchogue High School. This farm-sit is looked upon as a book-end to the developed portion of the Hamlet of Mattituck. Because of the enhancing factors of agricultural use, size and prosimlty to and perservatlon of ope-space vistas, on both the norht and south side of Main Road, the Land Preservation Committee is unanimous in recommending the purchase of these development rights. The purchase will do much to preserve important agricultural lands and further assure the country-llke environment enjoyed by the Hamlet of Mattituck in particular and the Town of Southold generally. I urge the Town Board to accept the offer of development rights to the 66.5 acres of Mill Lane Farm, owned by William P. ruland, pursuant to the provsions of Chapter 25 of the Town Code, entitled, Agricultural Land Preservation. SUPERVISOR COCHRAN: Thank you. Is there anyone else that would llke to address the Board? (No response.) I will close the public hearing. Southold Town Clerk S E P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLEH:K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOVgl~ CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Sou~hoid, New York 11971 Fax (516) 765-1823 Telephone (516) 765-180{) THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTIONS WERE ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 6, 1998: RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR, Part 617.10, and Chapter q~ of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, In conducting an uncoordinqted review of this unllested 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 William P. Ruland, Mill Lane and Main Road, MattJtuck, N.Y., Suffolk County Tax Map No. 1000-107-11-010 and 1000-115-02-002 ~- 003, comprising 65.5 acres, at $7,000.00 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, WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights In the agricultural lands of William P.Ruland; and WHEREAS, the Town Board held a public hearing wlth respect to sald acquisition On the 6th day of January, 1998,. pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Hoard deems it in the public Interest that the Town of Southold acquire the development rights In the agricultural lands set forth In the proposed acquisition between the Town and William P. Ruland, now, therefore, be it RESOLVED that the Town Hoard elects to purchase the development rights In the aforesaid agricultural lands owned by William P. Rula~d, comprising 66.5 acres, at a sale price of $7,000.00 per acre; said property located at Mill Lane and Main Road, Mattltuck, N.Y., Suffolk County Tax Map No. 1000-107-11-010 and 1000-115-02-002 ~, 003; and be It FURTHER RESOLVED that the Town be and she hereby Is authorized and directed to give notice of such acceptance to William P. Ruland; and FURTHER RESOLVED that the Supervisor be and hereby Is authorized and directed to execute any and all required documents for the acquisition of said development rights, Elizabeth A. Neville Southold Town Clerk January 21, 1998 ~FtCJ~CT LD. NUldBE,q j 617.20 Appendix C $[ste F_nvironmentai Cuatity Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTICNS Only PART {--PRCJECT INFORMATION (To ~e completed by Applicant or Prciect sponsor) SEQR Town of Sou%~old Land Preserv. Comml~; ~6~a~-Dev. Rights Easement Purch~ ~.~c~o~.ty Town of Southold ~w Suffolk Mill Lane Farm, north side of Main Road, east and west sides of Mill ~ne, Mattituck. Purchase of development rights to approx. 66.5 acres of agricultural land. A neighborhood of mixed residential and agricultural uses, Southold To~ Board approval to obtain app~isal of easement value an~ negotiate potential purchase. 12. ~ A R~ULT OF PROPQS~ A~ON WI~ m~NG P~MmAPP~OVAL ,qEQUIRE ~-~ ~ichard I If the action is in the C ~stel Area, and ycu are a state ac_eric'!, complete the [ Coastal Assessment Form before proceeding with this assessment L OVER Ryan PART II--ENVIRONMEN' ASSESSMENT ~To ,3e campier, ed by Agenc~ None. None. WILL THE .=ROJE~T HAVE AN IMPACT ON ~ Yes ~ No PART Ill--DETERMINATION OF SIGNIFiCANCE (To be compie~ecl by Agency) Check :his box if you have identified one or more ~)otentiatly large' or signific~n! a~verse impacts which MAY occur. Then proceed direc:ly to the F~JLL EAF ~n~or ~reo~e a ~ositive declaration. Check this box if you nave dete~Jned, ~ase~ on :~e [nfo~a[Jon and analysis above and any suooo~ing ~ocumentadon, :hat :~e 0tamoseal ac:ton WILL NOT result ~n any significant a~verse envfronmenta{ ~DaCi5 AND provide on a~acnmen~s as n~essa~, the reasons suooo~ing this dete~ination: Southold To~ Boamd Jean W. Cochran Supervisor Janaury 6, 1998 ~ ~'~'" C L 0 S I N G E X P E N S E S RESOLUTION - JUNE 10, 1997 RESOLVED that the Town Board of the Town of Southold hereby engages the services of Andrew O. Stype, Certified Real Estate Appraiser, at a total fee of $2,000.00, to conduct appraisals on behalf of the Land Preservation Committee on the following properties: Robert E. Van Nostrand Between Orchard & King Streets, Orient Tax Map ~1000-25-4-11.4 Approximately 17.6 acres William P. Ruland William P. Ruland Mill Lane, Mattituck Main Road, Mattituck Tax Map ~I000-107-11-10 Tax Map :~1000-115-2-3 Approximately 13.25 acres Approximately 18 acres William P. Ruland Main Road & Mill Lane, Mattituck Tax Map ~1000-115-2-2.1 Approximately 33 acres Karen J. Hagen Attomey at Law 2675 Kerwin Blvd. Greenport, N.Y. 11944 Telephone (516) 477-3466 Fax (516) 477-3466 Check No. laren Hagen January 12, 1999 Title Closer Attendance Fee for Ruland Development Rights $50.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-O959 R E C O R D E D D E E D Numar of pages TORRENS ~ 2 b ~ ED??AR;) P,R,,~L~;' CLERK ' REGISTRAR OF ~ / Moagagc Ins~ent ~ / Mo~age T~ S~p R~o;~ng / Filing S~ ~-584 ~ . o~ TOWn ATTO~~- 2. Aa~iUon~ ~ Nomaon ~ TOW~ OF SO~THO~_~f~''~ Sub Total ~A-52Z7 (County) ~.~ O S.~Yo~ ~ ~ . O ~ S~Assit. EA-5217 (S~te) ~ .O ~ S~./Add, Comm. of Ed. ~. ~ ~ ~ He~ for Ap~onmcnt Affi~vit ~. ' ~;~ ~ T~fer T~ ~sion T~ . Ce~ Copy ~e pr~ ~vered by ~s mo~age is or will be improved by a one or two family R6g. Copy {~ ~ ~ ~ dwel~ng only. Sub To~ ~S or NO O~er ~ GRAND TOTAL ] O ~ O ~ If NO, ~ appropfia~ Title Company lnfor~tion ~ R~l P~pe~y T~ Servi~ Agency Verification Date ~fle N~r i~ PAID BY: / Commonwealth Land Cam__~eck / Title Insurance Company Payers~e~RAR~ 1777 - 6 Veterans Memorial Highway ~ [b~.:~ (A~aR~SS) Suffolk County Recording & Endorsement Page ~spagefomsp~of~eamched ~/~ ~e/~D~ ~/7~ madeby: (SPEC~ T~E OF I~U~) ~ S~OLK COU~Y, ~W YO~. M ~e V~AGE or H~ET of BO~S 5 T~U 9 ~ BE ~PED OR PR~D~ BLACK ~ O~Y P~OR TO ~CO~INO OR DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 12th-,day of January, 1999 BETVVEEN William P. Ruland, residing at Mill Lane Farm, P.O. Box 164, Mattituck, N.Y. 11952, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, ,County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of ~,~(,.~' (~o.o,aX~ lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricUltural production ' as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: All that certain plot, piece or parcel of land, situate, lying and being in Hattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point at the corner formed ?y the intersection of the northerly side of Hain Road (N.Y.S. Route 25) and the Westerly side of Hill~_a~ RUNNING THENCE along the westerly side of Mill(,~'~he following two (2) courses and distances: 1) North 16 degrees 32 minutes 36 seconds West 361.94 feet; 2) North 17 degrees 52 minutes 31 seconds West 1424.17 feet to the southerly side of the Long Island Railroad; RUNNING THENCE along the southerly side of the Long Islan~l Railroad South 61 degrees 02 minutes 21 seconds West 433.59 feet to land now or formerly of Vart~ten; and the map of Village IVlanor, map number 3669~ {~tUNNING THENCE along said map the following four (4) courses and distances: --1) South :~7 degrees 40 minutes 11 seconds East 462 92 feet, 2) South :~5 degrees 01 minutes 39 seconds East 225.09 feet; 3) South 14 degrees 27 minutes 29 seconds East 246.47 feet; 4) South 16 degrees 01 minutes 29 seconds East 283.96 feet to lands now or formerly of Wines; RUNNING THENCE along said lands North 72 degrees t0 minutes 11 seconds East 74.50 feet to land now or formerly of Rutkowski; RUNNING THENCE along said lands North 73 degrees 10 minutes 11 seconds East 75.70 feet to land now or formerly of Horton; RUNNING THENCE along said lands the following two (2) courses and distances; 1) North 72 degrees 58 minutes 31 seconds East 75.00 feet; 2) South 16 degrees 16 minutes 09 seconds East 93.84 feet to land now or formerly of Stewart; RUNNING THENCE along said lands the following two (2) courses and distances; 1) North 73 degrees 37 minutes 29 seconds East 103.36 feet; 2) South 16 degrees 13 minutes 57 seconds East 329.26 feet to the northerly side of Hain Road (N.Y.S. Route 25) RUNNING THENCE along the northerly side of Hain Ro~d (N.Y.S. Route 25),~'Outh~Sa.e~.¢~ 12 minutes 02 seconds East 149.27 feet to the Westerly side of Hil~.j~t the point or place o~l~¢~inr~l'l~- PAR,,¢ E L- Z! ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, ~eGINNING at a point at the northwesterly corner of the premises to be described; said point also being intersection of the easterly side of Mill Lane with the southerly side of the Long Island Railroad; RUNNING THENCE along the easterly side of Mill a~ the following two (2) courses and distances; 1) South 17 degrees 52 minutes 31 seconds East 1426.28 feet; 2) South 16 degrees 32 minutes 36 seconds East 1.86 feet; RUNNING THENCE North 73 degrees 27 minutes 24 seconds East 222.65 feet; RUNNING THENCE South 16 degrees 32 minutes 36 seconds East 437.70 feet to the northerly side of Main Road (N.Y.S. Route 25); RUNNING THENCE along the northerly side of Main Road (N.Y.S. Route 25) the following two (2) courses and distances; 1) North 87 degrees 59 minutes 05 seconds East 425.46 feet; 2) South 87 degrees 39 minutes 01 seconds East 149.86 feet to land now or formerly of Graeb; RUNNING THENCE along said lands the following two (2) courses and distances; 1) North 03 degrees 59 minutes 01 seconds West 102.00 feet; 2) North 80 degrees 26 minutes 58 seconds East 130.00 feet to land now or formerly of Gowing; RUNNING THENCE along said lands the following two (2) courses and distances; North 07 degrees 30 minutes 30 seconds 2) North 85 degrees 43 minutes 28 seconds EaStJ. O~.~;~ feet actual (203.46 feet deed) to land now or formerly of Dickerson; RUNNING THENCE along said lands North 18 degrees 33 minutes 51 seconds West 2185.76 feet to the southerly side of the Long Island Railroad; RUNNING THENCE along said lands the following three (3) courses and distances; 1) South 61 degrees 02 minutes 21 seconds West 373.33 feet; 2) South 62,j;l~.cjr. P.~.-sx37 minutes 15 seconds West 298.7~et; 3) South 61~minutes~02 minutes 21 seconds West 441~_~/~eet or place of BEGINNING. to the easterly side of Mill~ at the point 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 t.he center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the 3 heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open agricultural lands actually used in bona fide agrigultural production as defined in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production: as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural Production- shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural . production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and 4 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, 276 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 underlying fee may be divided by conveyance of pads thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. 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, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. 5 THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the. second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, 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. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of 6 a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequen~ amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: .,~/'~ /~.. ~ William P. Ruland Purchaser: Towl'~of Southold~ By: "'~,,,_~) Je~,,~ W. Cochran, Supervisor UNIFORM FORM OF ACKNOWLEDGMENT State of New York ) ss.: County of ~ On the / 2_ P/q day of ~",~,-~ ~, --- · -- - - in~eyear/~'~ befo,r me, the under igned, a notary public in and for said s~--~e, personally a-~pe~d ~%n~ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, execut~ the insmunent. No,,~ry Puclic, ,_~ e of New York No. 4:,27029 Qu~!ified in S~,f~n~k 11941 600 UNIFORM FORM OF ACKNOWLEDGMENT State of New York ) ss.: County of t~md Cefore. re.e, ~the ?n~e~rsigned, a known to me or proved e on tile haei~ r~e fl~P-'P- ~ tc~. £~;. ~_zt, personall - v~ ,.. ~atlSlaCtoly evlaence to be the Y individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the/r capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, execut~ the instrt~ent. T I T L E P 0 L I C Y ISSUED BY COMMONV/EALTH LAND TITLE [NSLIRANCE COMPANY OWNERIS POUCY OF TrI~E INStlP. ANCE Commonwealth SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pa.y the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused iq corporate name and seal to be hereunto a ffrxed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President EXCLUSIONS FROM COVERAGE The fnllowing matters are expressly excluded from the coverage of this pollcy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any ~aw~ ~rdinance ~r g~vernm~ntal regu~ati~n (inc~uding bnt n~t limited t~ bui~ding and z~ning ~aws~ ~r~nances~ ~r regu~ati~ns) r~stricting~ regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on thc land; (iii) a separation in ownership or a change in thc dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, exeept to the extent that a notice of thc enforeement 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. CO) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in thc public records at Date of Policy. 2. Rights of eminent domain unless notice of thc exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; CO) not known to the Company, not recorded in the public records at Date of Policy., but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or Co) 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: (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. Valid Only If Schedules A and B and Cover Arc Attached NM 1 PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page ORIGINAL Common, Amount of Tnsurance: $449,449.00 Date of Policy: 12/12/99 1. m m SCHEDULE A Policy/File No.: 70983208 Name of Insured: TOWN OF SOUTHOLD The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is: Development Rights Title to the estate or interest in the land is vested in: Deed made by W[LI_[AM P. RULAND to the ]INSURED dated 01/12/99 and recorded 01/26/99 in Liber 11941 Page 600 In the Office of the Clerk of the County of Suffolk. The land referred to in this policy is described on the annexed schedule, Countersigned: ALTA Owner's Policy Authorized Officer or Agent $CHEDULE A Policy/File No. 70983208 12/28/98 PARCELI ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point at the corner formed by the intersection of the northerly side of Main Road (N.Y.S. Route 25) and the Westerly side of Mill Lane; RUNNING THENCE along the westerly side of Mill road the following two (2) courses and distances: 1) North 16 degrees 32 minutes 36 seconds West 361.94 feet; 2) North :17 degrees 52 minutes 31 seconds West 1424.17 feet to the sout6erly side of the Long Island Railroad; RUNNING THENCE along the southerly side of the Long Island Railroad South 61 degrees 02 minutes 21 seconds West 433.59 feet to land now or formerly of Vanetten; and the map of Village Manor, map number 3669; RUNNING THENCE along said map the following four (4) courses and distances: :1) South 17 degrees 40 minutes 11 seconds East 462.92 feet; 2) South 15 degrees 01 minutes 39 seconds East 225.09 feet; 3) South :14 degrees 27 minutes 29 seconds East 246.47 feet; 4) South 16 degrees 01 minutes 29 seconds East 283.96 feet to lands now or formerly of Wines; RUNNING THENCE along said lands North 72 degrees :10 minutes 11 seconds East 74.50 feet to land now or formerly of Rutkowski; RUNNING THENCE along said lands North 73 degrees 10 minutes :1:1 seconds East 75.70 feet to land now or formerly of Horton; RUNNING THENCE along said lands the following two (2) courses and distances; :1) North 72 degrees 58 minutes 3:1 seconds East 75.00 feet; 2) South :16 degrees 16 minutes 09 seconds East 93.84 feet to land now or formerly of Stewart; RUNNING THENCE along said lands the following two (2) courses and distances; 1) North 73 degrees 37 minutes 29 seconds East :103.36 feet; 2) South 16 degrees 13 minutes 57 seconds East 329.26 feet to the northerly side of Main Road (N.Y.S. Route 25) RUNNING THENCE along the northerly side of Main Road (N.Y.S. Route 25) South 85 degrees 12 minutes 02 seconds East :149.27 feet to the Westerly side of Mill at the point or place of BEGINNING. PARCEL II ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of I Suffolk and State of New York, ALTA Owner's Policy Schedule A - Description Policy/File No: 70983208 BEGINNING at a point at the northwesterly corner of the premises to be described; said point also being the intersection of the easterly side of Hill Lane with the southerly side of the Long Island Railroad; RUNNING THENCE along the easterly side of Mill lane the following two (2) courses and distances; 1) South 17 degrees 52 minutes 31 seconds East 1426.28 feet; 2) South 16 degrees 32 minutes 36 seconds East 1,86 feet; RUNNING THENCE North 73 degrees 27 minutes 24 seconds East 222.65 feet; RUNNING THENCE South 16 degrees 32 minutes 36 seconds East 437.70 feet to the northerly side of Hain Road (N.Y.S. Route 25); RUNNING THENCE along the northerly side of Hain Road (N.Y,S. Route 25) the following two (2) courses and distances; 1) North 87 degrees 59 min~Jtes 05 seconds East 425.46 feet; 2) South 87 degrees 39 minutes 01 seconds East 149.86 feet to land now or formeHy of Graeb; RUNNING THENCE along said lands the following two (2) courses and distances; 1) North 03 degrees 59 minutes 01 seconds West 102.00 feet; 2) North 80 degrees 26 minutes 58 seconds East 130.00 feet to land now or formerly of Gowing; RUNNING THENCE along said lands the following two (2) courses and distances; 1) North 07 degrees 30 minutes 30 seconds West 28.0 feet; 2) North 85 degrees 43 minutes 28 seconds East 206.36 feet actual (203.46 feet deed) to land now or formerly of Dickerson; RUNNING THENCE along said lands North 18 degrees 33 minutes 51 seconds West 2185.76 feet to the southerly side of the Long Island Railroad; RUNNING THENCE along said lands the following three (3) courses and distances; 1) South 61 degrees 02 minutes 21 seconds West 373.33 feet; 2) South 62 degrees 37 minutes 15 seconds West 298.73 feet; 3) South 61 minutes 02 minutes 21 seconds West 441,86 feet to the easterly side of Hill lane at the point or place of BEGINNING. ALTA Owner's Policy Date Printed April 5, 2000 Schedule A - Description Policy/File No. 70983208 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: The assessed valuation on the premises herein is listed as partially exempt for taxation at the present time, but will be subject to the discontinuance of such exemption and the imposition of an additional tax as of the date of death, transfer of title, or possession from the exempt owner. 2. Survey made by Stanley .1. Isaksen, Jr. dated 2-27-98 shows: PARCEL ! - vacant land, plowed field, pond and planted field; PARCEL ~! - frame structure, barn and frame shed; planted areas; barn/garage encroaches 0.8 feet north of the southerly record line, plowed field encroached 3 feet more or less west of the westerly record line planted field from premises adjacent east encroaches an undetermined distance west of the easterly record line. No other variations or encroachments. Company excepts any changes since the date of the survey used herein. No title is insured to any land now or formerly lying in the bed of the pond, its arms, branches or tributaries by whatever name called. Riparian Rights and Easements of others to and over the pond, but policy does not insure any Riparian Rights or Easements in favor of the owner of the premises herein. 5. Rights of Tenants or persons in possession. 6. Subject to 1998/99 Town and School Taxes. ALTA Owner's Policy Schedule B CONDITIONS AND STIPULATIONS (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this pohcy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permils or requires the Company to prosecute or provide for the defense of any action or proceechng, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the, name of the insured for this purpose, Whenever requested by the Company, lhe insured, al the Company's expense, shall give the Company all reasonable aid (i) in any acfion or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecling settlemenl, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. $. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the lille, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, includinl~ any ]iabihty or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage, In addition, the insured claimant may reasonably be required to submit to examinalion under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any aulhofized representative of the Company. all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Policy. which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company . the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine , inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless~ in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. fi. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together wilh any costs, attorneys' fees and expenses incurred by the insured claimanl, which were authorized by the Company. up Io the time of paymant or tender of payment and which the Company is obliga- ted to pay. Upon the exercise by the Company of this option, all liabilily and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered 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 settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any cosls, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant thc loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations lo the insured under Ihis policy for the claimed loss or damage, other than Ihe payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation, Conditions and Stipulations Continued Inside Cover 1. DEFINITION OF TERMS. Thc following terms when used in this policy mcan: (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company would have had against thc named insured. those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limRed to. heirs. distributees, devisees, survivors, personal representatives, next of kin. or corporate or fiduciary successors, (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matter? affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property, The term "[and" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right . title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a fight of access to and from thc land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for thc purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect.to Section l(a) (iv) of the Exclusions From Coverage, "public records shall also include environmental 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 thc title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be rcle. ased 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. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liabdity by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify thc Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estale or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or inlerest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall terminate with regard Io the matter or matters for which prompt notice is required; provided, 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 PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations. the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy, The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters nol insured against by this policy. (b) The Company shall have the fight, al its own cost. to institute and prosecute any action or proceeding or to ~[o any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as ~nsured. or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its fights under this paragraph, it shall do so diligently. B 1190-1 (Continued) 7. DETERMINATION, EXTdNT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely This policy is a contract o{ indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to thc extent herein described. (al The liability of tbe Company under this policy shall not exceed the least of: (il Iht Amount of Insurance stated in Schedule A; or, (ii) thc difference between the value of the insured estate or interest as insured and the value of thc insured estate or interest subject to thc defect, lien or encumbrance insured against by this policy. (b) In the event thc Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or thc full consideration paid for thc land, whlcbevcr is less, or if subsequent to thc Date of Policy an improvement is creeled on the land which increases thc value of the insuredestatc Or interest by at least 20 p~rcent over thc Amount of Insurance stated in Schedule A then this Policy is subject is the fsi ow ns: (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 thai the amount o/insurance at Date of Policy bears to the total value~ of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay mhe loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fe~s and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, l0 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Scctmn 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If thc land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata bas~s as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. g. LIMITATION OF LIABILITY. (a) If thc Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a fight of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event o,f any litigation, including litigation by the Company or with the Company s consent, the Company shall have no liability for loss or damase until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All pa, ymems under this policy, except payments made for costs, att0mcys fees and expenses, shall reduce the amount of the insurance pro rants. 11. UABIUTY NONCUMULATIVE It is expressly undemtood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agre~t, assumed, or taken subjecL or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (al No paymenl shall be made without producing Ihis policy for endorsement of the paymenl unless Ihe policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the salisfaclion of Ibc Company. fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) Thc Company's Right of Subrogation. Whenever thc Company shall have settled and paid a claim under this policy, all right of subrosation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim, had this policy not been ~ssued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured clmmant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on aceoun[ of a claim docs not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. , If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's fight of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the fights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation fights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of ,Policy shall be binding upon the parties. The award may include attorneys fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereofi The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (al This policy together with all endorsements, if any. attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole· (b) Any claim of loss or damage, whether or not based on negligence. and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary. or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under appIicable law, the policy shal/be deemed not to include that provi- sion andall other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All nodces required to be given thc Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to COMMONWEALTH LAND TITLE INSURANCE COMPANY, 101 Gateway Centre parkway, Gateway One, Richmond, Xrtrginia 23235-5153. NEW YORK STATE OFFICE 655 Third Avenue . New York, New York 10017 Phone: (212) 949-0100 APR I 0 2000 TCV'!N AT'TO, ,t"~Y ~ L,~'~ OWNER'S pOLICY OF TITLE INSURANCE A.,am~ ~ ~ Assoc~3noN (10-17-92) COMMONW~.~t3'cl L~J~D ~ INSURANCE COMPANY Commonwealth B 1190-3 NEW YORK OFFICES NEW YORK CITY 655 Thin:l Avenue New York, New York 10017 (212) 949-0t00 ALBAN~ 286 Washingt(m Ave. Extension Coq)orate Plaza West Albany New York 12203 (518) 452-4525 BOFFALO 298 Main Street Buffalo, New york 14202 (716) 853-6800 GARDEN CITY 1325 Franklin Ave. Suite 101 Garden City. New York 11530 (516) 742-7474 NEW CITY 17 Squadm Boulevard New York, New York 10956 (914) 634-7070 ISLANDIA 1777-6 Veterans Memorial Hwy Islandia~ New Yc~k 11722 (516) 232-35O3 (516) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 NATIONAL TITLE SERVICE 655 Thi~l Avenue New York, New York 10017 (212) 949-0100 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS ~ ,-4. z,J"l I am the owner of ¢¢~5"acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map No. 1000-107-11-010 and 1000-115-02-002.1 and 003, which is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District if 1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my rights to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor ochran - Town of Southold 53095 Main Road, P.O. Box 1179 Southold, NY 11971 (516) 765-1889 Landowners William P. Ruland State of New York ) County of Suffolk ) ss.: On the j,~,C'day of January, 199~, before me personally came JEAN W. COCHRAN to me known, who, being by me duly sworn, did depose and say that she resides at Boisseau Avenue, Southold, New York; that she is the Supervisor of the Town of Southold, the corporation described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and the she signed her name thereto by like order. Notary Public WAIVER DOC G R A N T S U B M I S S I O N TOWN COMPTROLLER John A. Cushman CENTRAL DATA PROCESSING John Sepenosld 53095 Route 25 P.O. Box 1179 Southold, New York 1 :_971-0959 ACCOUNTING & FINANCE DEPT. Telephone (631) 765-4333 E-mail: accounting@southold.o :g CENTRAL DATA PROCESSihNG Telephone (631) 765-1891 E-mail: dataprocessing@southold.org Fax (631) 765-1366 TOWN OF SOUTHOLD OF}=ICE OF THE SUPERVISOR REOEIVED May 16, 2000 Mr. Bob $omers, Chief Ag Prote~ion Urlit NYS Depariment of Agriculture and Markets Division of Agdculturei Protection and Development Ser-4ices I Winners Circte Albany, NY 12235-G~01 1 6 2000 Re: Contracts No. C800504 & C800510 Dear Bob: As we discussed yesterday morning, enclosed please find documentation for reimbursement under the above referenced agreements as indicated below. Separate vouchers are included for each paroel. Aqreement No. C800504 Raphael Vineyaras W:. ~a,"n Ruland Total $155,000.00 337,500.00 $ 492,500.00 (Federal Share) (State Share) A_.qree ~ent No. C8505!0 Sophie Kaloski Total $183,831.51 __316,16~.49 $ 500,000.00 In the event that you require any additional information, please contact me. Your assistance regarding these grants is greatly appreciated. CC: Ve~ truly yours, Town Comptroller Dick Ryan, Land Preservation Committee v/ 07/11/01 Wl~D 10:04 FAX 518 457 2716 AG PROTECTION [~001 ~'~"-"-~*' ~*-" ' "STATE AID VOUCHER' v~... *°~". * NEW YORK.: .... : *" . ~..- ' .1 / ..... /'" / P~ye~ I.D. . .. ~y~ ~ ~ ~ ~ ~) U~nv. ~'d ~ ~D~ To~ o~ Souchola 53095 [ouce 25 PO Box 1179 / ,~o~b~l~ ,, , ~ 11~71-o~ D~ ~h~ or ~ ~ C~ ~unt Paid Vo~r ~, Of Pe~al ~e, ~ n~e, ~e, ~ ~ere~ ~11~ ~n~ Agr:CUl:u:~ ~nd D~elop~nt ~ghts ~lli~ ~uland 6~.207 ac:es $ 456,058 . 00 Contract ~o. C800504 ' ~ ~ Aid P~r~ ~ Appi~ble ~a~e: TOTAL ~ 456,058 O0 N~ $ 456,058 00 ooo ~a~d ~ 337,500 00 FOR STATE AGENCY U~E ONLY STATE COtJlaTI~OLLER'S PRE-AUDIT A Te access remittance Information DETACH HERE BEFORE CASHING *******$337,500.00[ :;;;;:; P R O P E R T Y R E C O R D S '~-~t =ilo View Toolbar Help 107.-11 10 473B8~ So~thold ,Active R/S:1 School: Metlituck School Fiulend. William P ~o I Yea~: i2005 Cur~ Yr L~nd right~ Land ~V:' 1 125 ~ill Ln LandSize:14.34 acres To~aIAV: 1~00 OwneI Total: I lexable Value H ~ce ane¢u~ Name WilliamP Ru end Coun~: 100 Book: 11941 AddlAddr: ' ~uni: 100 Page: 600 Street SchbOl: 100 PO Box: 1G4 : -: Bank: City~ Mattituck, NY Zip: 11952- Schl~ffer ~: 100 Acct No: Sale Total: 0 Silo 1 ol 1 ~ Lend 0 oI 0 Book Page : S~le De~e ~ale Price Owner Prpcls: Lend r ghis Nb Cd:O Se,Aet~ ~ U61ides: E~e~ption ; ~otal: 1 Term Oen ~ildi~g Total: O 6ode v Amount Year 41720 AG DIST 1.700 0 0 Special D~strmt Total. 3 Value / Improvement Total: 0 Code Units Pet Type Move Tax ~ Type Name Dim1 Dim2 SQFT Yr Built FD030 Mattiluck FD ,00 .00 ~00~ PK071 ~att tuck Peri _00 _00 .00 .~ Prints the screen File View Toolbar HeLp 115.-2-3.1 473889~:~outho d: ~ .!~A~[iVel ~ R/S:1 ~ Sqh6ol: Mattltucl~ ~Choo - ~dd ~dd~ ¢ ~ ~ . _ Mun - 300 p Gnfl : Ci~y:~ ~a~IA~Ck. NY , ;~ :Zip: !i 952- Sc~l~a~ Aar: 300 ACC[ No: 37 go0~: ;Pagg. : SaleDaIe SalePflce 9wner Prpcb: ~Landnghts ' I S e~ LDI ict ,. ~oa 3 V~e/ Impmv~menl:;~ ~, Total:, 0 , Prints [he screen 2004 S~ffolk Cob~nty Tax I~p Book~ \ N E W S A R T I C L E S 8 · The Suffolk Times ° January 14 1999 --EDITORIALS Applause, applause WE HAVE TO ADD OUR CHEERS TO THE CELEBRATION over Tuesday's Southold Town Hall closing on the preser- vation rights to the Ruland family's Mill Lane Farm in Mattituck. (See story, page 4.) All of us have favorite vis- tas in Southold Town. For us, that one's near the top of the heap. "I think we all felt the same," said Fred Lee, a member of Southold's land preservation committee, Wednesday morning. "When you come around that bend and see the open field, the first farm as you come through Mattituck, it's just breathtaking. It's one of the prime sites in Southold, and it defines the character of the town." Well said, Mr. Lee. He added that in today's market, it's a true act of civic generosity to sell development rights. He put it this way: "For [Bill Rutand] to basically ignore eco- nomic gain in favor of the vista and the continued agricul- tural heritage is a sacrifice for the benefit of the people of Southold and all visitors who come through Mattituck." Well said, again. Supervisor Jean Cochran's remarked: "We are so excit- ed. We've been striving for this for a very long time and we're absolutely delighted." We couldn't agree more. To Southold Town Hall, congratulations. To the Ruland family, thanks from some longtime fans of Mill Lane Farm. The SU[folk ~imes ~, ;Janoary 14, 1999 Abovei Haying underway at Mi~l Lane Farm recent- Right: The rights- purchase closing at Southold Town Hall on Tuesday, Clockwise from top leE: Joe Krukowski, Fred Lee, Supervisor Jean Cochran and Suffolk Times pholo by Suzanr~ Far rail Ruland farm deal is done Town completes rights purchase of G4 acres ['or $450K In what one land preservation corn mittee member called "a noble ges- ture,'' William Ruland sold the devel- opment rights to his 64-acre Matti- tuck farm to Southold Town this weelc. After more than a year of delays, Tuesday's closing on the Rulands' Mill Lane Farm marked the largest farmland transfer in she town to date, according to Southeld Town Supervisor Jean Cochram "We are so excited," she said of the roughly $450,000 town purchase. "We've been striving for this for a very long time and we're absolutely delighted. This couldn't have been possible without the efforts of the land preservation committee." All of the parties involved ex- pressed a sense of relief that the long- awaited transaction had finally occurred. "All the members of the committee worked hard at this aad we're happy it finally came to fruition," said committee member Fred Lee, who attended the Jan. 12 closing at Southold Town Hall. "lCs been a long time," said William Ruland, owner of the farm, which runs from Route 25 to Route 48 and is dividend by Mill Lane. "We're so happy it's finally over," "Nine out of 10 people wouldn't have sold the rights to that farm to the town," said Mr. Lee. "I crcdil the Rulands for their decision. Now the public will get to enjoy the farm's beautiful vista forever." Other town purchases of devel- opments rights are scheduled to fol- low in the wake of the Ruland clos- ing. The town was due to close yester- day, Jan. 13, on the Reinhardt farm on Alvah's Lane in Cutcbogue. The 14.6-acre parcel sold for approxi- mately $113.880, according to town comptroller John Cushman. Mr. Lee said several applications for additional parcels of farmland in town are currently "in various states of review" before the land preserva- tion committee. Suzanne Yarrelll 07/1~/00 ~ 13:02 FAX ~0 FOR RELEASE: Immediate, Thursday July 13, 2000 GOVERNOR ANNOUNCES STATE CONTRIBUTUION FOR FARMLAND PROTECTION PROJECTS Governor Presents $337,500 to the Town of Southold Governor George E. Pataki today announced he will award the Town of Southold with the state's share of funding for the purchase of development dghts on the Mill Lane Farm in the Town. The state contribution is awarded through the Farmland Protection Program, which helps protect economically viable farmland from development. The Town of Southold will be receiving the state's portion of the purchasing price, $337,500, which is75 percent of the appraised development rights value for the 64.2 acres that were approved on the Mill Lane Farm in Mattituck. "Protecting farmland is key to the prosperity of this state's agricultural indust~," the Governor said. "The Farmland Protection Program allows the State of New York to invest in the future of our farmlands by financially assisting rural communities to help preserve working landscapes and ensure the longevity of our agricultural heritage.' The Mill Lane Farm, owned by William Ruland in Mattituck sold the development dghts on 64.2 acres, which is currently used to produce hay and vegetables. The Town purchased the development dghts on the property in 1999. The funds being provided by the Farmland Protection Program will re. imburee the Town for the State's share, which is 75 percent of the total cost of each project. The USDA Natural Resources Conservation Service classified the acreage on the Mill Lane Farm as prime farmland. The Town of Southold has been an active participant in the State's Farmland Protection Program, receiving $1.5 million in grants since the program began in 1996. In addition, the Town's voters have approved seven bond issues beginning in 1983 ~nd tot~l;ng $13 million to acquire thc development tights.on farmland. Suffolk County has received a total of$11.4 million under the Farmland Protection Program. Suffolk County is a major agricultural county in the State, with almost $163 million in £arm gate sales. The County leads the State in production of potatoes and nursery and greenhouse products, and is also a major producer of vegetables and ducks. There are also ;cveral wineries on the North Fork of Suffolk County. However, much of tho County's 36,900 acres of farmland face substantial development pressure 1 9 9 7 P H O T O S Year 1997 $ ubje.,c:t Look Parcel #1 Subject Look Parcel #1 Pond, Woods Subject Street Mill Lane Year 1997 Subject Look Parcel #2 Subject Look Parcel #2 Barns Subject Street Main Road 49 Year 1997 Subject Parcel #3 5O 2 0 0 4 A E R I A L 2004 Aerial RULAND Property 125 Mill Lane & 16555 Route 25, Mattituck 64.207 acres development rights easement S U R V E Y Vanetten ~ ~ Village ~ co Lane L~ Farrish Kleck N/F McDonald McCofferfy Unnamed Rood Aron¢o -- I 455.59' Plowed Field Area= 2.368 Acres /.I -- Pond TM~ 1000- 107-. 1 1- 10 V 72'I0 II !1 7J'1011 V 22~'2· N,,~.F 74.50' 75,70' 75' ~ Sledjeski P/anted Field Area= 6.395 Acres I i I I I I / i I / ~' / / / / / / / C)' / / / // / // / / / / N,/ Stewart 1000- 115-02-03 222.,65' 1 Planted Area Area= 27.409 Acres TM~ I TM~ 1000-115-02-2. 1 P/anted Area Area= 5. 1Z2 Acres TM~'~: 1000-107-11-10 1000-115-02-02. I I000-115-02-03 See Map for Tax Map Location of Parcels SURVEY OF Dickerson Reputed Owner Planted Area . 4 ' ~ /' 1%50 DESCRIBED PROPERTY SI TUA TE MATTITUCK, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEYED FOR: WILLiAM P. RULAND [] = Monument Found (Con,:rete, Stone, or ~ronite) · = Iron Pipe Found ~, = Railroad Monument Found ~nfy to the Perso shall run · nd on h~s beholf to theey Unauthorlz~d a~erallon or additlon to thi! the Hew York Stale Educaibn Law' SURVEYED: 27 February, 1998 SCAL~' 1L-lO0' AR~A: TOTAL AREA £/0 MILL LANE= 49,781 Acres PLANTED AREA-- ~$,2~2 Acres TOTAL AREA ~Y/O MILL LANE= 14,~6 Acres PLANTED AREA= 8.76~ Acres TOTAL AREA (Afl) = 64.207 Acres TOTAL PLANTED AREA= 41,995 Acres CERTIFIED TO: Town of Southold I hereby certify that a survey was done by the undersigned and completed on 27 February 1998. SURVEYED BY: STANLEY J. fSAKSE. N, Jr. P,O. BOX 294