HomeMy WebLinkAbout1000-101.-2-24.1COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
ROBERT J. CIMINO
DEPARTMENT OF LAW
January 8, 1993 ,,~.,sM^~£,,~
Mr. Victor Lessard
Executive Administrator
Southold Town Building
53095 Main Rd.
Southold, NY 11971
Re:
Dept.
Phase III, SH0-790
Droscoski Farm
Tax Map No. 100-101-02-024.003
Suffolk County Farmland Preservation Proqram,
Phase III
Dear Mr. Lessard:
We enclose herewith the following:
1. Copy of deed for Development Rights, recorded in Liber
11573, Page 468.
2. Survey of lands for which Development rights are owned
by Suffolk County.
3. Copy of County Local Law 16-81.
Please take notice of the enclosures. Inasmuch as the County is
now the owner of the development rights to the property identi-
fied in the survey enclosed, we strongly request that no building
permits be issued for any development whatsoever except and only
after the Suffolk County Select Committee on Agriculture has
consented to the application in advance.
DPF:DMK:cs
Enclosures
Very truly yours,
David P. Fishbein, Bureau Chief
Division of Real Estate
pc:
Arthur Kunz, Director, Planning Department
Wayne R. Thompson, Rental/Inventory Unit
Richard J. LaValle, Chief Engineer, DPW
w/Deed & Survey
Judith T. Terry, Town Clerk
Scott A. Russell, Chairman, Board of Assessors
Robert Riker, Planning Dept.
(FARM #)
SHO-790
DISTRICT
1000
SECTION
101.00
BLOCK
02,00
LOT
024.003
1'i57gP ,468'
DEED
of
DEVELOPMENT R'I' GHT S
rHIs TNDENTURE MADE the~"-
, day of
BETWEEN THOMAS c . DROSCOSKI, ALBERT DROSCOSKI , RICHARD H.
DROSCOSKi, BARBARA CASS.!DY, and MARGARET VALIENT~ c/~.!~hcmas
Droscoski, residing at 6 Grandview Blvd. Miller Place
~iI~t part..
11764, party of the '=' '~ ~..
AND the COUNTY OF SUFFOLK, a municioal corporation ha~.l~l..g
office and principal, place of business at County Cedi.tar, Nc
Number Center Drive, Riverhead, New York, party of th6 '~econd
part; ~.,
WITNESSETH that the party of the first part, in conside:rh.t~'0n of
El0.00 and other good and valuable consideration pai~.;[: ~y the
party of tile second part, DOES HEREBY GRANT AND RELEASE .Y~D~'c the
party of the second part, its successors and assigns foreve'~ THE
DEVELOPMENT RIGHTS, by which is meant the pe rmanen~"
interest and right, as authorized by ~247 of the New York?!State
General Municipal Law, as amended, and Local Law 16-1981'i..af the
County of Suffolk, to permit, require or restrict the use ?'.:~.f the
premises exclusively fo~ agricultural production as that.~t~rm i~
defined in Local Law 16-1981 of the County of Suffolk, ~a'~.d the
right to preserve open space as that term ms defined in:15~47 of
the New York State General Municipal Law, as amended; ;and the
right to prohibit or restrict the use of tile premises.'.if6'r an"
;purpose other than agricultural production, ~c the D'r'~'.p e r t y
described as follows: "~
ALL that certain plot, piece or parcel of land, with the~.-~uild-
ings and improvements thereon erected, situate, lying'and[;being
at Cutchogue, in the Town of Southold, County of Suff.-.o~k and
State of New York, bounded and described as follows:
BEGINNING at a monument on the westerly side of Alvah'~ L.-%ne
which point is distant 645.79 feet southerly from tile i~rsec-
tion of the westerly side of Alvah's Lane with the southe[~'l~'side
of land of The Long Island Railroad, and which point al.~6~<~]arks
the intersection% of the westerly side of Alvah's Lane.a~d the
~' of
southerly ~de land now or formerly of Burns, and fz%~ said
point of beginning-
RUNNING THENCE along the westerly side ~f klvah's Lane ltl9 4:~
lowing ~wo (2~ courses and distances: .
1) South 34 degrees 58 minutes 40 seconds East 237..9!<feeJ ;
and :..,~
2) Souzh 3I degrees 35 minutes 40 seconds East t3..~: .f~et
other land cf the party of the first part;
THENCE alcng said last mentioned land th.? fo!lowing3 ..~c
ccurses and distances: .
(1) South 56 degrees 00 minutes West 299.10 ~eet; and
(2) South 29 degrees 26 minutes 40 seconds East 263.5? ~f~et tc
land now cl- formerly of BonKoski;
THENCE South 29 degrees 26 minutes 40 seconds Ea,rt al6n~
land now oI fcrmerly of Bonko.~ki, 297.28 fee% to a monum.'~tTr and
land now or formerly of Kaloski; .?
THENCE aionci sai~ '~ '~ -,- formerlx .z,~ ........... c~<
Sc, tlt'.,. :': de-~rees 23 minutes 1:') seco!ld~ West ~-~' ~:'
' Loweh_ '"
a ~,o2~iment and isn,t now ¢.r formerly of '
distances: $ ~t '~jl?"4 '
':,~: TRANSFER TAX :,,/ ',
" 11573Pf,469
(1) North 32 degrees 28 mlnutes 20 seconds West 454.I3 ~e~t;
(2) North 33 degrees 09 minutes 10 seconds West l153.'ig~feet
-~to a monument and land now or formerly of Tuthill;
RUNNING THENCE along said land the following two (2) cour'$eZ and
distances:
(1) North 66 degrees 44 minutes East 140.16 feet..~ ~.: a
monument;
(2) North 59 degrees 48 minutes 00 seconds Eas~96.54.~e~ to
a monument and land now or formerly of Burns; .'
RUNNING THENCE along said land the following two (2) courfe~' and
distances: ..- :~.
~(1) South 34 degrees 58 minutes 40 seconds East 188.43 f.e~t.to
a monument;
(2) North 55 degrees 01 minutes 20 seconds East 244.40' ~e~k to
a monument at the point or place of BEGII~NING. ....
BEING AND INTENDED to be the same premises conveyed tc the. Party
of the first part, who acquired title by deed from M~ E.
Bonkoski, deed dated 1/11/89, recorded 1/19/89, Liber 10J'~, cp
498. .! '~j'
TO HAVE AND TO HOLD the said Development Rights in the
herein granted unto the party of the second part, its succg~¢ors
and assigns, forever;
AND the party of the first part covenants that the party o~:. the
,_r~ part has not done or suffered anything whereby the..i~aid
premises have been encumbered in any way whatever exc~D~t as
aforesaid. The party of the first part, as a covenant rtlnhin~
with the land in perpetuity, further covenants and agrees f6r~.th~
party of the first part, and the heirs, legal representa.t~es
successors and assigns of the party of the first part, tc ~s:~ 'cf
the premises on and after the date of this instrument solet~: for
the purpose of agricultural production. ~ ':?.
The development rights conveyed herein are subject to the fuI~he~
terms and provisions as set forth in a certain contract of~.:~ale
between the parties hereto dated July ~, 1992 as the s~m~ is
recorded in the office of the Suffolk Coungy Clerk in Liber' 1~4~c,
cp 492, portions cf which as contained herein have an~ 'i¢i!l
survive the delivery of this instrument ct conveyance. ..
The.garry cz ~he first part, its heirs, assigns and/or oa~.~3 .... or
parties in lawful possession of the premises sub3ect
of development right~ , pursuant tc lease, license or-' ~.~her
arrangement, covenants and agrees ~nat zt will ncr remo96'anv
soil from the premises described herein. '' ~ '
The party oz the firs~ part, it~ heir~, assigns, and~
parties in lawful possession of the premises subject tc thiJ .deed
of development rights, pursuant to lease, license cr.'oSl%er
arrangement, covenants and agrees that in will (a nor generate
store or dispose of hazardous substances on the ~re:nlse3. ;:n3r
allow ether3 to d~ so', (b) comply with all Environment-~'''=~., h~.w~ :
") allow party cf ~'- second Dart an5 its
access to th~ premises for the purposes ~=
conditions and for inspection cf the ...... -'- fc
thi~ a Jreer~ent. Ti:i. 2 sovena:¥: shall ru:. with the ~'.'
perpetuity.
hold party of ~ne second part anti anv ........ "= ~ -~= ..... =.s ~,q~}%_.,~ ~, ....
fro:~ and against an5- and all damaces~ ~ialm3 . _._~.~e~.~
and expenses ~ ~ .... "- ' -- -~"- ~ ~ .... ' ' ....
iecai consu!tin(~, engineerln{, alld other costs an:: e::pells~ -~-:"
may 5rise cut cf {"_ ) anv~ t~ .... cu .... ~ .,~ mlsrepresellE/.5~cl- l: ."s:---
11573P 470 ,. ,.:
agreement ..... '"
-.'-' ~;= ::erformed 0v~ the ~=1,=~,-'~'"-'- either ~.4,~.~.r.~,, ~o or
s~-:,3, sequen: 7:: the cissing or ~= ~= h~relil: or { 3 } ~. act!oil,
~ul~, claim, ,.r uroceedil: see~i -~ ~
_ . . q . _ ng _.one~ dama~e~, ,~lJ~!!n~lve
relief remedial ~,C~lOn. ,_I o~ne~ r=me~y D7 r~ason sz 'a ~.!olaticn
or }lon-complia:~ce with an%' 5. nvlronmental law; cr the .~isuosal.
discharge or release <f solid wasses, pollutants '}~7 kazardous
:substances., _~- exDos~tre. ~a a]lv chel~lC~i ~db~.~..~~ ~='----..
'.'lorat lO:~S =~ the e:{t e!~ thev ~'-~ =~ ..
;- n, ~.nd~ o~ ~?n 2tzcn ,;t ~he premises
The word "par~v" shall be ':onsurued ~,s if it
whenever the sense of this indenture so r~q~Ires. .
IN WITNESS WHEREOF, hhe party of the first Dart has.duij-/e?ecu~ed
this deed. the day
and year fliob 5bore written. ':. :
·; :7.~ .
2HOMAS J. JoscosKi .,~,:
ALBERT b~SCOSI{I l.,
RiCHARD/Hi DROSCOSKI t
fs~ff°lk POf~N ~ I '~ /
/' ~O~,A~,. ,, ss.. ~-. /
· ¢'~J'~'°'~"eeo~.", O.~,~,Ve "~E~T ; : ..
· ,t ~:/~ ~y of ~u~be&~.o/~ _
704 "'.. ~?here. ~ ~__~ _.. ~P6~est~. .7" : ).
· . . ~o~ uot0 ~ ~- /l~F.~re '? ,
· .. ~ ~Ot~ ~ ~ .. that
"".. ~ - ~ ~ °'Oalof~a~ ·
v .)
STATE OF NEW YORK) - ~lna. .... ;'
) ~: ~mi~i~ ~pires Aprit ~, .
CO~TY OF SUFFOLK) . .;
On this 14th day of October 19~, before me personally
came ALBERT DROSCOSKI to me known't0fbe the
individual described in and Who executed the ~'fg~egoing
instrument, and acknowledged th~ executed the S~6~.
11573 471
STATE :'.IF NEW YORK)
COUNTY OF SUFFOLK I
On thi~ 14th flay cf October !9
tame RICHARD H. DROSCOSKI
92, befc, re me P=-r~'~nai!V
CO ~ !:ncwn Eo..~e t'.le
~ ~ -/
L~DA · ~
) 5: ~52~18519 ' ~, -.'
~d~ In Suffolk ~u~ ~ ~ ·
dOUH?Y O~ ~OC~ ) ~mmi~ion E~pires Apd130, 1~ '
~ >.
came BARBARA CASSIDY ~c me known to ~.' the
individual descrlbed in and who ~-e= ~=~
.... cu ~,_ the
i~strument, and acknowledged that executed the same..
...
~o~ary Pu~'ic: State of N,~w York .
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
uffMk COunt__
Commission Expires Ap,it 30, ~-~f,,,~
On ~his 14th day of October 19 92, before me per~oQ'ally
came MARGARET VALIENT to :ne known to b~'rhe
individual described in and who executed the for:~oing
and acknowledged t~, executed the same :"i
/2 "~ ' 'i'.
Notary Pub~: State of N~ York"".:
lnssrument,
NOTARyUNDA C. Sl'ANKAIT]$
~BLIC, $:b~ o! New Yodt
No. 52-451~19
~_ .M~-ed_m Suffolk County
~omm~mon ~xpi~ April 30, ~9_~'
RECCRD & RETURN TO:
David P. Fishbein,
Bureau Chief ",.
Division of Real Estate ·
Department cf Law
395 Oser Avenue .'
Hauppauge, New York 117~.:.
" ~ESOLOTION:NO. ~8511951,' ADOPTIN~ LOCAL"LA]~'"NO. 16-i,'~81 A
~ LOCAL~':LAW.>RELATING- TO"-THE ACQUISITION ~OF ~ DEVELOP:MENT
'RIGHTS,'_IN AGRICULTURAL' LANDS ?,_..._ - ~..'
% WHEREAS.~: there was duly presented and introduced; t6"'!this
County Legislature, at a ~eguiar meeting held on March.10,,198q a
proposed local 'law' entztled, "A LOCAL LAW RELATING TO THE
ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS," and.:said
local law in final form is the same as when .presented.: and
introduced; now, therefore, be. it -'
RESOLVED, that said local'law be enacted in form as f0!ld~s:
LOCAL,..LAW NO. 16 YEAR. 1981, SUFFOLK COUNTY, NEW YORK "'~'
"LOCAL LAW RELATING TO THE ACQUISITION OF ' '""~
DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS
BE IT ENACTED BY THE COUNTY LEGISLATURE .OF as
follows:
SUFF0i,i
Section 1. Repeal .
Local Law No. 19-1'974, L~cal Law No. 18-1976, Secti0~s 1
throughS, and Local No. 2-1978 are hereby repealed.
Section 2." ~e~islative Findings ..~
a)' The State of New York, by various legisil.~ive
enactments has emphatically stated it to be a most importan~;'e.tate
policy to conserve and'protect and to encourage the improvem~t of
agricultural lands, both for the production of food and.: the
preservation of such' lands as-.va.lued natural and ecolo~ical
resources. It has further stated that the expenditure of ~unty
funds to acquire legal interests and rights in such lands /i~ in
furtherance of such policy and is a proper expenditure of p~blic
funds for public purposes.
b) The County is in complete accord with such pd:licy
and this local law is intended to indicate generally', th9
procedures which will be employed by the County in its pursUit.or
its goal to protect and conserve agricultural lands, open .i~paces
and open areas.
shall, mean lands u~ed in
Section 3. Definitions
- a) "Agricultural Lands"
bona fide agricultural production.
b) "Asricultural production" shall meah': the
production for commerc[ai purposes ot ail those items and products
as' defined in N.Y.S. Agriculture and. Markets Law, Section'.304 as
constituted on the effective date hereo:. .
. C) "Development right" as authorized by Secti~ 247
ot the N.Y.S. General Municipal Law, as amended, shall mea~ ~he
permanent leRal interest and right to permit, require or re~'6zzct
the use of tSe premises exclusively for agricultural product. Lon as
the. term is presently defined in Section 301 of the..N,iY.S.
Agriculture and Markets law, and the right to prohibit or res'trict
the use of the premises for any purposes other than agricultural
production. ':
d) "Interest or right" in real property'.i ~hall
include all legally recognized interests and rights ~fi.%real
proper~y other, than 'fee simple. :."~
whtc~e).. ~"Structure" shall mean anything construe'ted or
erected
requires location in, on, or under the ground,., or
attachment to something having a location in, on or und~ the
groun~ ~ncluding fences. ' ':
_ f) "Alienation" shall mean the transfer 6fi~ any
development right in real property from Suffolk County to a~0ther.
R) "Committee" shall mean The Suffolk County
Far'land Committee. -:
Exhibit E
Section'4. Procedures
' a) · When authorized by the. Suffolk County
LeRislature,-the County Executive.shall solicit offers for the
sale o~ development rights in agr%cultural lands to the County.
Followln~ receipt of such offers, the County Executive,shall cause
an apprazsal,of the market, value of ~uch deyelopment rzghts to be
made. Afte.r ~a report on the matter Dy the CountM Executive to the
County Leg~s.lature, the Couqty Legislature shall hold a public
hearing on the question of the acceptance of one or more of such
offers. Said hearing shall be held upon such notice given in such
manner as the Legislature may determine. _
b) Within thirty (30) days after such public
hearing, the County Legislature shall make a decision upon the
matter of such offers. ~
Section 5. 'Alienation of Development Rights
a) Unless authorized by local law recommended by the
Committee and approved upon mandatory referendum, development
rights acquired by the County in agricultural lands shall not be
alienated in any manner.
b) In determing whether to recommend the alienation
of development rights, the Committee shall take into considerat~on
(1) the ~ontinuing practicalit~ of the use of the remainder fee of
lands, (2) the degelopment rights which have been acquired by'the
County. (3) such factors as the uses to which adjacent lands have
been put, and (4) the necessity for the use of the lands for
another governmental purpose.
Section 6. The Suffolk County Farmland Committee
a), The Committee is hereby constituted as a
continuing Agency of Suffolk County Government.
b5 ' It shall consist of 19 members, 9 of whom shall
be appointed by the County Executive with the approval of the
County. Legislat~re, and serve at the pleasure of the County
Executzve; and the other ~0 shall be designated one from each Town
within the County, and serve at the pleasure of the respective
Town Boards.
c) -The designees, of the Towns shall be certified to
the Clerk of the County Legzslature by the Town Clerk of the
respective Towns.
d) The Chairman of the Commit'tee shall be designated
by the County Executive and serve at his pleasure.
e) The Committee. shall have the authority: (1) to
recommend to the County L~gzslature the lands which may be
acquired for development rights, (2) to review requests to
subdivide the remainder fee of lands and to thereafter make a
recommendation to the Legislature whether such request be granted.
(3) to review any matters relevant to development rights and the
agricultural economy in general, (4) to serve as a review board
· for the granting of permits for the construction or erection of
structures on t~ose properties covered by the development rights,
and (5) to promulgate such rules an~ regulations as may be
n~cespary to carry out the intent of this local law and to goyerq
a~minlstration and functions of the Suffolk County Farm£an~
Committee.
Secti n 7. Conflicts
a) Notwithstanding the provisions of any special
law, charter law," local law or r~olut{o~ wh~ m~.- h~
inconsistent herewith, in whole or in part, this local law shall
in all respects control in the matter o~ the acquisition or
alienation of development rights in agricultural lands.
DATED: March 241 1981 '*
APPROVED BY:
county gxecutzve oz Su::oi~ Gounty after a public hearing
duly held April 6, 1981, Date of Approval: 4/14/8t. Filed with
the Secretary of State on April 20, 1981~ '
Exhibit E-1
11'459P 502
STATE 'OF'NEw yoRK) ' ' · ,
) SS.:
COUNTY OF SUFFOLK) .
On thisc~ day of , 1992, before me
personally came Barbara Cassidy, to me known to be the individual
described in and who executed the foregoing instrument, and
acknowledged that she executed the same.
ic~ State of New York
SIANKAIII~
STATE OF NEW YORK)
)
CbUNTY OF SUFFOLK)
NOTARY PUBUC, State d New Yolk
No. 524518519
QuaF[fied in Suffolk County
Cernm.~iou" Expires April 30,
SS. :
On this~g/~day of C-///~ , 1992, before me
personally came Margaret Valient, to me known to be the individual
described in and who executed the foregoing instrument, and
acknowledged that she executed the same.
Notary/p6blxc. State of New--~ork
UNOA C. STANKAITIS
NOTARY PUBLIC, Slate of Hew Yo~k
No. 524518519
Qualified in Suffolk
Cemmi~o~ Expires Apri~ '?0,
- 11 -
STATE OF NEW YORK'
) SS.:
COUNTY OF SUFFOLK)
On this~ day of ~, 1992, before me personal~y
eame Eric A. Kopp, to me known, ~4~o berg by me duly sworn, d~d
depose and say that he resides ~. . ~ , New York, that
he is a duly appointed and q~/alified CHIEF DEPUTY COUNTY EXECUTIVE
of the COUNTY OF SUFFOLK, the municipal corporation of the State of
New York described in and which executed the foregoing instrument;
that he knows the seal of said municipal corporation; that the seal
affixed to said instrument is such corporate seal; and that he
signed his name thereto by like authority.
ry Public: ~tate of New York
,IOANNE COLASUONO,
Notary Public, Stale 61 New ~ork
No. 5'2--.4,V02047, Suffolk C, mmty
- 12 -
11459 04
· EXHIBITS ~XrNEXED TO CONTRACT ', ' ".~
FOR THE
PURCHASE OF DEVELOPMENT RIGHTS
A. Deed of Development Rights
B. Public Disclosure Affidavit
C. Copy of Local Law 32-1980
D. Copy of ~301 of the Agriculture and Markets Law
E. Copy of Local Law 16-1981
F. Offer Letter
G. Description of Property
H. Tax Map
11499 492
: . ~ Ni-n~een ;Hun~ed and .Nine~F-~q':;.:. i i...:...., .. 'i" '~'
BETWEEN
THOMAS J. DROSCOSKI, ALBERT DROSCOSKI, RICHARD H.
DROSCOSKI, BARBARA CASSIDY, and M3%RGARET VALIEI¢~, c/o Thomas
Droscoski, 6 Grandview Blvd., Miller Place, New York 11764,
hereinafter described as the SELLER,
and the COUNTY OF SUFFOLK, a municipal corporation,
its principal offices at County Center, Riverhead, New York,
after described as the PURCHASER,
having
herein-
WITNESSETH, that the SELLER agrees to sell and convey, and
the PURCHASER agrees to purchase, as authorized by the Suffolk
County Local Law No. 16 of 1981, and in accordance with Resolution
No. 173-1990 of the Suffolk County Legislature, all on file with the
Clerk of the Suffolk County Legislature, the Development Rights, as
-hereinafter defined, in 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, more particularly bounded and
described as set forth in the description annexed hereto as Exhibit
'~", Tax Map No. 1000-101-02-024.3, known as SH0-790.
1. Development Rights, as authorized by §247 of the New
York State General Municipal Law, as amended, shall mean the-
permanent legal interest and right to permit, require or restrict
the use of the premises exclusively for agricultural production as
that term is defined in Local Law 16-1981 of the County of Suffolk,
and the right to preserve open space as that term is defined in §247
of the General Municipal Law as amended, and the right to prohibit
or restrict the use of the premises for any purposes other than
agricultural production or to subdivide same. By the sale of such
development rights and interest, the SELLER shall be deemed to have
covenanted and agreed that the SELLER, and the heirs, legal
representatives, successors and assigns of the SELLER, shall only
use the premises on and after the date of delivery of the instrument
of conveyance to the County of Suffolk for the purpose of such
agricultural production. Such covenant shall run with the land in
perpetuity. The provisions of this paragraph shall survive the
delivery of the instrument of conveyance.
2. The SELLER acknowledges that by the terms of this
contract and the declarations in the deed, that it has been informed
that neither the SELLER, nor his heirs, successors in interest,
successors in title or assignees shall be permitted to remove soil
from-the property to be covered by these development rights. The
representation is intended to also serve as a covenant running
- 1 -
114fi97 493 ·
........i paragraph shal'l, sur¥i~e the de~iver.y.o.f this.conveyance : ..... · .......
' ' ' ' ' 3. The power ~nd purpose of the pURchASER is limited t~
acquiring the Development Rights in land presently used or suitable
for agricultural production and the PURCHASER reserves the right,
upon obtaining a survey and inspecting the premises in relation
thereto, to hold a public hearing on said purchase and acquisition,
and thereafter, either cancel this agreement if the premises are not
entirely used or suitable for agricultural production or to accept
that portion of the premises which is suitable for agricultural
production, as herein defined, in which ease the price will be
adjusted in proportion to the area deemed suitable using the unit
price as herein set forth.
4. The price is ONE HUNDRED FORTY-FIVE THOUSAND TWO
HU~RED ($145,200.00) DOLLARS, based on the representation of the
SELLER that the premises contain 16.137 acres of cropland whose
development rights are valued at $9,000.00 per acre for a total of
ONE HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED and 00/100 ($145,200.00)
DOLLARS. The price will be adjusted to the actual acreage to be
determined by a survey, as set forth below. Purchaser will have the
p~emises surveyed by a professional engineer or licensed land
surveyor of its choice, at its expense, to determine the actual
acreage of the area suitable for agricultural production. If the
SErJ.RR is dissatisfied with the PURCHASER's survey, SELLER may have
the premises surveyed by a licensed land surveyor of his choice, at
his expense. If there is a substantial variation between the two
surveys, the acreage for the purpose of this contract shall be
determined by a third surveyor to be selected by the first two. The
determination of the third surveyor, whose cost shall be borne
equally by the SELLER and PURCHASE, shall be ~inding. If a
SEIJ.RR'S survey is secured, the recomputation of acreaqe to
determine purchase price shall not include land contained in the bed
of any easement, public road, private road, or of any acres as to
which any other person or the public may have any rights, but title
to the Development Rights to all such areas as the SELLER may have
shall, nevertheless, be conveyed to the PURCHASER. There shall be
no other adjustments or apportionments. The price shall be payable
by Suffolk County check at the time of closing.
5. The deed shall be in the form approved by the Suffolk
County Attorney, and shall be duly executed and acknowledged so as
to convey to the PURCHASER, the Development Rights of the said
premises, free of all liens and encumbrances, except as herein
stated. If the SELLER is a corporation, it will deliver to the
purchaser at the time of the delivery of the deed hereunder a
resolution of its board of directors authorizing the sale and
delivery of the deed, and a certificate by the secretary or
assistant secretary of the corporation certifying such resolution
and setting forth facts showing that the conveyance is in conformity
- 2 -
1145979494
compliance wi~h .said seCtion. . .
6. All instruments, documents or affidavits of any nature
whatsoever required to be filed in accordance with Article SI-B, New
York State Tax Law, entitled "Tax on Gains Derived from Certain Rea~
Property Transactions" at the New York State Tax Commission
incidental and necessary for recording a deed in the County Clerk's
Office shall be furnished by the SELLER to the PURCHASER at or
before the closing of title. In addition thereto, the SELLER shall
produce receipts for the payments of any tax imposed as well as any
receipts for payment of any tentative assessments imposed or in lieu
thereof, furnish to the PURCHASER at the time of the closing, a
certified check to be applied in full payment thereof in order to
permit the County Clerk to record the deed of conveyance.
Failure to produce the documents and other instruments,
including the aforesaid payments, shall result in the closing being
adjourned until such items are produced.
In the event compliance with Article 31-B aforesaid is
impossible of performance in the sole opinion of PURCHASE, then in
such event, this contract shall be deemed null and void and
thereafter, the SELLER shall pay the reasonable expenses of the
PURCHASER for title searches and surveys.
7. Any sums paid on account of this contract and the
reasonable expenses of the examination of the title to said premises
and of the survey, if any, made in connection therewith are hereby
made liens on said premises, but such liens shall not continue after
default by the pURCHASER under this contract.
8. The SELLER covenants and agrees that the underlying fee
title retained by the SELLER may not be subdivided into plots by the
filing of a subdivision map pursuant to ~276 and 277 of the, Town
Law and/or $335 of the Real Property Law. The underlying fee may be
divided by conveyance of parts thereof to heirs and next of kin, by
will or by operation of law, or with the written recordable consent
of the PURCHASER. subdivision shall also be defined to include the
division of the land covered by the development rights into two or
more parcels in whole or in part. The provisions of this section
shall survive delivery of the instrument of conveyance and shall be
considered a covenant running with the land in perpetuity and shall
be binding upon the SELLER, its heirs, successors and assigns, and
shall inure to the benefit of the PURCHASER and its successors and
assigns.
Dev. Rights
(Rev. 6/17/91)
- 3 -
' 1145 ?g495 "' '
..:'be..con=eyed;suhj~ct-to4.,..(~).:anyEs~ate'.of faCtS: en;.accurate.~survey-.:.::-
may.Show, providing, same does not render title to the development
rights unmarketable; (b) covenants, easements, restrictions of ,
record, if any, provided same do not prohibit the use of the
premises for agricultural production as defined herein, and further.
provided that such covenants, easements or restrictions do not
diminish the approved appraised value of said property; (c)
determinations made after public hearing; (d)'consents and permits,
if necessary, as may be required by any federal, state or local
agency having jurisdiction; and (e) an environmental audit of the
premises showing the premises to be free of contamination from toxic
and/or hazardous substances.
10. The PURCHASER may make its determination of whether
the premises are free from all encumbrances, on the basis of its own
examination of the title, or that of its agents, or a title' report
of a member company of the New York Board of Title Underwriters, and
may require the SELLER to clear title exceptions raised to the
satisfaction of the PURCHASERS and, if any is involved, the title
company.
11. If, at the date of closing, there may be any other
l~ens or encumbrances which the SELLER is obligated to pay and
discharge, the SELLER may use any portion of the balance of the
purchase price to satisfy the same, provided the SELLER shall
simultaneously either deliver to the PURCHASER at the closing of
title instruments in recordable form and sufficient to satisfy such
liens and encumbrances of record, together with the cost of
recording or filing said instruments. The SELLER agrees to sign
such proper vouchers for the closing check(s) as may be requested by
the Suffolk County Comptroller and Suffolk County Treasurer at least
two weeks prior to the date fixed for closing. The PURCHASER, if
request is made within a reasonable time prior to the date of
closing of title, agrees to provide at the closing separate checks
as requested, aggregating the amount of the purchase price, to
facilitate the satisfaction of any such liens or encumbrances. The
existence of any such taxes or other liens and encumbrances shall
not be deemed objections to title if the SELLER shall comply with
the foregoing requirements.
12. If a search of the title discloses judgments,
bankruptcies or other returns against other persons having names the
same or similar to that of the SELLER, the SELLER will, on request,
deliver to the PURCHASER an affidavit showing that such judgments,
bankruptcies or other returns are not against the SELLER, if such is
the case.
13. In the event that the SELLER is unable to convey title
in accordance with the terms of this contract, the sole liability of
- 4 -
~ .. ,...".. ~ pURCHASER, ..~he...~URCHASER '~s:: agents, or .. the PURCHASER ~.s. 'ti~e .:company,...: ::... 3.i.
which CoSt is not to e~ceed 'the charges'.fixgd by the New York Board .
of Title Underwriters, and the cost of any survey made in conneotion -.
therewith incurred by the PURCHASER and upon such payment being
made, this contract shall be considered cancelled. ·
14. The SELLER, simultaneously with the execution and
delivery of this agreement, has also delivered the required verified
public disclosure statement for filing with the County Comptroller;
a copy of that statement is attached. At the time of the closing,
the SELLER shall submit a current statement or a sworn statement
that there have been no changes in interest since the date of this
agreement. Any evidence of a conflict of interest or prohibited
contractual relationship shall require approval of the contract and
sale by the Supreme Court of the State of New York.
15. The deed shall be delivered at the offices of Robert
J. Cimino, Suffolk County Attorney, County Complex North, Veterans
Memorial Highway, Building No. 158, Hauppauge, New York, or at such
other place as may be agreed upon by the parties, at 10:O0 o'clock
in the forenoon, on or about 180 days from the date the public
~earing hereunder is held, subject to a survey guaranteed to Suffolk
County pursuant to paragraph 4 herein first being received.
16. The parties agree that no broker brought about this
sale and the SELLRR agrees to hold the County of Suffolk harmless
and to indemnify PURCHASER for any claims for brokers commissions
arising out of this transaction.
17. The SELLER herein agrees to comply with all
disclosure requirements as imposed upon the PURCHASER through the
various and several local laws and resolutions as enacted by the
Suffolk County Legislature.
18. The SELLER further agrees to file and execute all
affidavits, documents and vouchers as required by said local laws of
the County of Suffolk, rules, regulations, ordinances, statutes and
resolutions of the Suffolk County Legislature. This requirement
shall survive the closing of title and delivery of the deed.
19. The SELLER represents that the premises are
agricultural land used for bona fide agricultural production as
defined herein. At no time, to the SELLER'S knowledge, has.the
premises been used for the generation, storage, or disposal of
hazardous substances, or, as a landfill or other waste disposal
site. There are not now, nor have there ever been, underground
storage tanks, to the SELLER'S knowledge, on the premises.
- 5 -
114 9 497
"rellef;"remedial'action'or. any otherremedy. ..... pending or threatened
relating to .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 the same arise from ~
the condition of the premises or SELLER'S ownership or use of the
premises.
21. The SELLER represents that no consent or approval is
needed from any goyernmental agency for the transfer of the
development rights from SELLER to PURCHASER, and neither the
execution of this agreement, nor the closing of title, will violate
any Environmental Law.
22. These representations and warranties contained in
paragraphs 19, 20, 21, and 22 shall survive the closing, shall be
binding upon SELLER and its successors and assigns, and shall inure
to the benefit of PURCHASER and its successors and assigns.
23. The SELLER 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 PURCHASER 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 and the
provisions of this paragraph shall survive the delivery of any
instrument of conveyance pursuant to this agreement.
24. SELLER, at its own cost and expense, shall provide
PURCHASER with an up-to-date environmental audit-site assessment of
the premises, performed by a qualified environmental consultant
approved by the PURCHASER, certifying the premises to be free of
toxic and/or hazardous substance contamination. The environmental
audit should include, but not be limited to, an historic search of
government files, site reconnaissance, survey of adjacent
properties, survey of soil conditions, survey of ground water
conditions, identification of any suspected asbestos containing
materials, and any other inspections and/or procedures deemed
appropriate under current criteria.
25. SELLER covenants and agrees that it will defend,
indemnify, and hold harmless the PURCHASER against any and all
- 6 -
· ' I1459 498
· 'Othe'r'costs and expenses~whichma~ aris'e out Of(l) 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 and the provisions of this
paragraph shall survive the delivery of any instrument of conveyance
pursuant to this agreement.
26. At the closing of title hereunder, if the SELLER is
not a foreign person as that term is defined in Internal Revenue
Service Code 1445(f)(3) and the regulations issued thereunder,
SELLER shall deliver to PURCHASER a non-foreign affidavit. In the
e%ent that the SELLER is such a foreign person, or in the event that
PURCHASER has actual knowledge that the non-foreign affidavit is
false, then PURCHASER shall deduct, withhold and deliver to the
Internal Revenue Service a tax equal to ten (10%) per cent of the
purchase price of such amount as has been provided for in a Treasury
Department qualifying statement.
27. It is understood and agreed that all understandings
and agreements had between the parties hereto are merged in this
contract, which, with the exhibits, fully and completely expresses
their agreement, and that the same is entered into after full
investigation, neither party relying upon any statement or
representation, not embodied in this contract, made by the other.
28. This agreement may not be changed or terminated
orally. The stipulations aforesaid are to apply to and bind the
heirs, executors, administrators, successors and assigns of the
respective parties.
29. Local Law #32-1980 - The SELLER(S) represent and
warrant that he(they) has(have) not offered or given any gratuity to
any official, employee, or agent of Suffolk County, New York State,
or of any political party, with the purpose or intent of securing
favorable treatment with respect to the performance of an agreement,
and that such person(s) has(have) read and is(are) familiar with the
provisions of Local Law ~32-1980, annexed hereto as Exhibit "C".
- 7 -
11-459P 499
the'se.lle~ Agrees and-aeknowledge~ that'hiS/hef/zts.s~ccessor(s) in.
interest, granteeS,.heirs and assignees shall be bound thereby bF
all its terms, provisions and conditions as they now exist and as
they may be in the future amended. This covenant shall run with the
land in perpetuity and the provisions of this paragraph shall ~
survive the delivery of any instruments of conveyance pursuant to
this agreement.
31. If two or more persons constitute either the SELLER
or the PURCHASER, the word "SELLER" or the word "PURCHASER" shall be
construed as if it 'read "SELLERS" or "PURCHASERS" whenever the sense
of this agreement so requires.
32. It is understood and agreed by and between the
parties to this contract that the SELLER has retained or will retain
certain portions of his property and exclude said portions from this
sale to the County of Suffolk. That by reason thereof, the SELLER
does hereby further covenant and agree that no application for the
erection of a residential dwelling will be made to the PURCHASER as
to those areas not retained by the SELLER and the subject of the
development rights, by himself or his heirs, successors or assigns.
S~id covenant shall run with the land in perpetuity and the
nrnvisions of this paragraph shall survive the delivery of any
STATE OF NEW YORK
County of Suffolk
SS,:
I, EDWARD P. ROMAINE, OlerkoftheCountyofSuffolkandClerkoftheSupremeCourtoftheState
of New York in and for said County (said C,o_.u rt being a Cou~t of Record) .DO HEREBY CERTIFY that
I tiave coml;arl~l the annexed copy of
ofandthethatwholeit is thereof.a just and tru~ copy of such original ~ ~ and
IN TESTIMONY WHEREOF, IhavehereuntosetmyhandandaffixedthesealofsaidCoun
and Court this ;
....
Clerk.
Form No. 104
t~ICHARD ~. DROSCOSKI
LoS.
- 8 -
Approved as to form, not
reviewed as to execution:
~fRT J. CIMINO
olk County Attorney
~S. DRAGOTTA
~ Bureau ~hief
APPROVED:
By: DAVID P. FISH'E-IN, Director
Division of Real Estate
Department of Law
- 9 -
1i4597 501
.... '. "" ': ' ' "'~ ' ') ~'.": :" ' ' :' ' ' ' ' ' ':. i
COUNTY OF SUFFOLK) ' '
On this ~dT~ day of~~ , 1992, before me
personally came Thomas J. Droscoski, to me known to be the
individual described in and who executed the foregoing instrument,
and acknowledged that he executed the same.
~~l~ic~. State of New York
~NDA C. STANKAITIS
NOTARY PUBUC, State of New
No. 5245].8519
~Jardied in Suffol. k .,Co~J.,?t~,,
Commission Expires apm ~u,
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On this~ day of~~--~ , 1992, before me
personally came Albert Droscoski, to me known to be the individual
described in and who executed the foregoing instrument, and
acknowledged that he executed the same.
~:~f~ New York
LINOA C. STANKAITIS
NOTARY PUBUC, State of New York
No. 52-451~519
Qualified in Suffolk County ~_~
Commission Expires April 30, 19.~
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On this~ day of~'//~-~, 1992, before me
personally came Richard H. Droscoski, to me known to be the
individual described in and who executed the foregoing instrument,
and acknowledged that he executed the:same.
~' ~otary public: State~ York
- 10 -
UNDA C. STANKA~IS
NOTARy PUBUC, State of New Ymt
No. 52-451~519
Queried In Suffolk County
~ornmi~sion Expires April 30, 19.~-
1145§ $05
DEED
...: ,,' ........ .~. ~!.. .......... :..:.~..~.... .......DEVELOpt~ENT.RiGHTS.' ..... ':... '~..'.. - .-. ,.. '" ..c:-;'.-'~.
THIS INDENTURE, made the __ day of ,~
19 , between ,
party of the first part, and the County of Suffolk, a municipal
corporation having its office and principal place of business
at Riverhead, NeW York, party of the second part:
WI TNESSETH :
that the party of the first part, in consideration of $10.00
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 ~247 of the New York State
General Municipal Law, as amended, and Local Law 16-1981 of the
County of Suffolk, to permit, require or restrict the use of
the premises exclusively for agricultural production as that
term is defined in Local Law 16-1981 of the County of Suffolk,
and the right to preserve open space as that term is defined in
~247 of the New York State General Municipal Law, as amended,
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 Hamlet of ,
Town of , County of Suffolk, more particularly
described in Exhibit "G".
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
whatsoever, 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 of the premises on and after
the date of this instrument solely for the purpose of
agricultural production.
Exhibit A-1
(Rev. 5/30/91)
i1459 506
The development rights conveyed herein are subject to
the further terms and provisions as set forth in a certain
· - '...... '~'as the.same ~'s-..record~d.'i~the of.~i'ce'~f'"t~e'S~f'f~lk'~u~ty'~~, ' ?" '::
Clerk in Liber' cp , portions.of .which wi[ll.
survive the delivery of this instrument of conveyance. '
The right to remove soil is subject to further terms
and conditions set forth in a certain concract of sale between
the parties dated as the same is recorded in
the Office of the Suffolk County Clerk in Liber
cp , portions of which will survive the delivery of
this instrument of conveyance.
The party of the first part covenants and agrees that
it will (a) not generate, store or dispose of hazardous sub-
stances on the premises, nor allow others to do so; (b) comply
with all Environmental Laws; (c) allow party of ~he 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 afl 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 cf (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.
Exhibit A-2
11459 507
The word "party" shall be c~nstrued as if-it read.
....~,~.... ...... . ~.!.p~es~.,whefle~r-.-t.he~.$ens~of,th~s..~ d~t~e, so~re~ir~.s.. ....
".'~ -~'" '~ '.~', "'' ": ' · :" ' ." · · ~'" " i' :'-' '{' '~''~''' '?'~ >. -; '" ': "~ '~ '" '"-" ' ''~' ":"' ') '~ "' '
.IN WITNESS WHEREOF, the panty,of the.firSt p~rt has
duly executed this deed the day and year first above written'.
(Individual Acknowledgement - Seller)
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this __ day of , 1991, before me
personally came , to me ~nown to
be the individual described in and who executed the foregoing
instrument, and acknowledged that he executed the same.
Notary Public: State of New York
(corporate Acknowledgement - Seller)
STATE OF ,NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this day of 1991, before me
personally came to me known,
who being by me duly sworn did depose and say that he resides
at ;
that he is the of
· the corporation described in and
which executed the foregoing instrument; that he knows the
seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by
the order of the Board of Directors of said corporation, and
that he signed h name thereto by like order.
Notary Public: State of New York
Exhibit A-3
11459P 508 .... '
· : DISCLO~ STATEMENT ~I~H RESpEC~ T0 A PROPOSED..
"" '::' "'"~ """~ ....... s~E 6~"REAL PROPERTY TO 'SUFFOLK"'couNTY" 'i' ' ." '
Instructions:
This affidavit must be signed by all owners of record, contract
vendees, lessors, lessees, sub-lessors, sub-lessees, contract
lessors, contract lessees, contract subLlessors, contract sub-
lessees, holders of encumbrances and contract holders of encum-
brances. The purpose of this affidavit is to insure disclosure of
any interest of any nature or form, whether oral or written, held
by any individual, partnership, firm or corporation.
"a" THROUGH "i" SHALL BE DEFINITIVELY ANSWERED. In all instances
the required information should be furnished, and if the answer is
NO or NON-E, it should so state in the response. The phrase "NOT
~ shall not be used on this form. _
BLANKS.
(Exception: Lending institutions licensed or franchised by the
State of New York and public corporations and lessees are not
required to execute this affidavit.
As to all signatories of this affidavit as specified above:
a. If signatory is an individual, state full name, street
address, and date property was acquired:
Address Date Acquired
~DROSCOSKI, 14 Sunset LaneEast~Miller Place, NewYork 1/11/89
RICHARD D~KI, 57 Market Street, Port Jefferson Sta., NY 1/11/89
1/11/89
THOMAS DROS(I]SKI, 6 Grandview Boulevard, Miller Place, NY
MARGARET V'~T.TVNT, 24 Blackfoot Trail, Shoreham, NY
BARBARA CASSIDY, 207 Prospect Street, Port Jefferson, NY
1/11/89
1/11/89
b. If signatory is a partnership, state the name, street address,
the nature and percentage of interest of each partner, and date
the property was acquired:
Nature and
Percentage of
Each Partner
Name Address
NONE
Date
Acquired
EXHIBIT "B"
114S9 509
"~ ' ' .... ~ ~:" ~f;~i~j~ato~y '~'.'&' ~rp~'~ti%~, s~a~"'nam~ ~Ed ~t' 'add~e's~' ' ' .....
: '0~ e~ch bffice'f,'idirector and S~ockholder and the amoUnt of stock.
held and owned by each stockholder:
% of
Title Name Address Stock Owned
President ~E
Vice President
Secretary
Treasurer
d. If signatory is a corporation and stock has been pledged or
agreement made to pledge stock, state name and street address of
all persons to whom stock has been pledged or with whom any
agreement has been made to pledge the stock. If none, so state:
Name Address
NONE
Stock Pledged; Stock to be Pledged
e. State the name and address of all persons, individuals,
partnerships and/or corporations who are holders of any intrument
creating an encumbrance upon the property; state the nature of
such encumbrance; and if the holder of such encumbrance is a
corporation (see Exception) state the names of all officers,
directors and stockholders of such corporation:
Holder of
Instrument
Nature of
Encumbrance
Corporate Name
and Title
MARY E. BONKOSKI
No % Alvah's Lane
First Mortqaqe
NONE
Cutchoque, NY 11935
- 2 -
11459 5i0
ALB~IqT DROSCOSKI - one fifth
RICHARD DROSCOSKI - one fifth
THOMAS DROSODSKI - one fifth
MARGARET VALIENT - one fifth
BARBARA CASSIDY - one fifth.
1/11/89
!/11/89
1/!1/89
1/11/89
1/11/89
g. If the signatory is not the fee owner of the property, state
the name and addresses of all other parties who have a superior
interest, or title, in the property in question and state the
nature of their interest and date so acquired. If any such party
is a corporation, partnership or firm, state the names of all
officers, directors, shareholders, partners or proprietors of such
entity:
Person Holding
Interest
Nature of
Title Shareholder Partner Interest
(Attached hereto must be a sworn statement of all parties listed
in this paragraph stating that to their knowledge the statement
made herein is correct and accurate).
h. State whether any person whose name contained paragraphs "a",
"b", or "c" is an officer or employee of any unit of village,
town, county, city, state or federal government, or an employee or
officer of a special or school district. (Exception: Volunteer
fireman or air defense volunteer).
Governmental
Name Title of Employee Entity
HiqhwayDepa~Lent
Police Officer
RICHARD DROSCOSKI
ATR~T DROSCOSKI
Town of Brookhaven
Suffolk County Police De~k%rtment
i. State whether any person, partnership, firm or corporation has
any interest, as defined in the instructions, in respect to the
subject property who does not fall within paragraph "g" above. If
- 3 -
none, so state; if otherwise, set forth names, addresses and
Name .Address Na,t,ure of inter'est
NONE
j. Ail signatories hereby agree that in the event there is any
change, in any matter set forth herein, after the execution
hereof, and during the term of the contract, they shall file with
the County a supplemental affidavit containing the details of such
change within five (5) days of such change.
Deponent makes this affidavit to induce Suffolk County to enter
into an agreement to acquire the real property for County
purposes, with full knowledge that the County will rely upon the
statements made herein.
- 4 -
STATE OF NEW YORK )
) ss:
COUNTY OF SUFFOLK )
On this 30th day of March, 1992, before me personally came
RIC~RD H. DROSCOSKI, ~RGARET VALIENT, ALBERT DROSCOSKI, THO~S J.
DROSCOSKI and BARBA~ CASSIDY, to me known to be the individuals
described in and who executed the foregoing instrument, and
acknowledged that they executed the same.
~'-~t~iy.P~c~ State of New York /
-1-
Executive
· '~',i .' .':-',.'- ...... .- .:. · L...'. : -'R;;O~UT. ION NO., {l-l'lO~"l~80~"r · ' ',' ...',- · .h..: ~-.... ~.. -....'-.
· AOOPTING LOCXC '
·., LAW .N0~ 32. YEAR 19~0, A'LOCAL LAV
CONCERNING THE OFFERING, GIVING OR
RECEIVING OF A GRATUITY TO CR 8Y AN
OFFICIAL OF APOLITICAL P~Ty.
W~fEREAS, there was duly Presented and introduced to th;s County
Legislature at-e regular ~ecting held on 0somber 9, 1980, a Dro~osad local
entitled "A LOCAL LAV CONCERNING THE OFFERING, GIVING OR RECEIVING Of
TO OR BY AN OFFICIAL OF A POLITICAL P~R~f," ar~ said local law ;n f;ntl form
t~e same as w~en presented and ;ntr~uced;. ~, therefore, be it
RESOLVED, th~C said local law be enact~ in form as foll~s:
LOCAL LA~ NO. ]2 YEAR ]~80, ~UFFOLK COUP, NE~ YORK
LOlL LA~ CONCERNING ~E 0FFERING~ GIVING O~ RECEIVI~G 0F ~
8E IT ~N&~EO 8Y TH~ COU~ LEGISLA~R~ OF ~ CO~ OF SUFFOL~
Section i,. Oefinltions.
(aP As used h~rein, the ~oed "agre~nc" means an ~r;
contract, or ~ny implied contract in~l~ml;~ ~ .. ~ teen or-oral
relic;no to ~eil or personal property. ~e torn "agre~eflt" s~ll 41SQ include
any transaction whereby i person ?gross to sell g~ds ar se~;ces ar bach Ca the
Ob) ~e qaed herein, the ~mrd #grituity" '
c.t.rt, i--nt. ,,,t. o, .., .th.. c--.ld...t,o.
Sc) As used h4roin, the phrase "Qfficial of a pOI;cecal =arty" snail
mean a party officer as defined h~ Section I-~O&(~) of the Elect;on Lay.
Ed) AS'~sed here;n, tho t-~rd '*person" moans a~y ;ndlv;oual,
~eflfled hy Sect;on I-Ia&Si) of tile Elec~lofl Lay.
EXHIBIT "C"
' a~ official of any F~lltlc~l ~arc~, ~th C~o purPOse o~ intent of s~cu~;ng a~
cosigning an agreement ~itn the County of Suffolk, securing favorable ~rea~ent
Cb) It shall be · crime far an cfflclal of a Political ~arty Ca sol;c;:
' receive or acce~C a ~raculcy in connection ~ith securing o~ obtaining an
,, age.lent wiCh tho County of ~uffolk. securing favorable treatment ~;t~ restate
Section &.~ Penilcies.
aa) Cri.mlnai, A violation of SIctlon 2 of 'Chis Local Law shall be a
Class X hisd~neinor and ~hil! b4 J~unlshabll by i sentence of hOC more chon one
such f;n~ a~ i~ri~eflC.
(b) Civil R~ies. J v;olation Qf Sec~;~ 2 oe J Qf Chis Local La~
due Qr to b~m d~ rrm tnt C~aty
Secti~ S- [sceptics. ~';s. L~I C~ shill ~C i~ly to contr;b~c;crs
declarod q~lcoflstltuC]onal bT any COStCo SUCh declaration shill hoc iff~cc the
Sect;on 7- This La~d shall take effect
Oec~woer 9, 1980
· APPROVEO ~y:
/s/ Peter f. Con/lan
County [XeCUC~v¢ of ~uffolk Co~nCy
AGRICULTURE AND MARKETS LAW
.agricultural' production and which .will continue to be
economically feasible for such use if real estate taxes, farm use
restrictions, and speculative activities are limited to levels
approximating those in commercial agricultural areas n6t
influenced by the proximity of urban and related non-agricultural
development.
2. Unique and irreplaceable agricultural land. Land which is
uniquely suited for the production of high value crops,
including, but not limited to fruits, vegetables and
horticultural specialties.
3. Land used in agricultural production. Not less than ten
acres of land used in the preceding two years for the production
for sale of crops, livestock and livestock products of an average
gross sales value of ten thousand dollars or more. Land used in
agricultural production shall not include 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:
(Added, L 1980)
a. Rented land which otherwise satisfies the requirements
for eligibility for an agricultural value assessment;
(Added, L 1980)
b. Land of not less than ten acres used for the prOduction
for sale of crops, livestock or livestock Products,
exclusive of woodland products, -which does not
independently satisfy the gross sales req%lirement, where
such land was used in such production for the preceding two
years and currently is being so used under a rental
arrangement of five or more years in conjunction with land
which qualifies for an agricultural value assessment;
(Added, L 1980)
c. Land used in support of a farm operation or land used in
agricultural production, constituting a portion of a parcel,
as identified on the assessment roll, which also contains
land qualified for an agricultural value assessment.
Exhibit D-1
4. crops,
limited to,
0
live'i;to~k'and livestoc~ products
the following:
include but
are not
.a. Field crops, including corn, wheat, Qats~
"'"~'"' .......... ~' '>' :"i ' hay, pot'atoes and dry ~.eans. '."' :% ~ ' '
" b. Fruits, including'apples, poach'es, g'rapes, cherr'i~s and
berries.
c. Vegetables, including tomatoes, snap beans, cabbage~
carrots, beets and onions.
d. Horticultural specialties, including nursery stock
ornamental shrubs, ornamental trees and flowers.
e. Livestock and livestock products,
sheep, hogs, goats, horses, poultry,
milk, eggs and furs.
including cattle,
furbearing animals,
f. Woodland products, including logs, lumber, posts,
firewood and maple syrup, if such products are produced on
property otherwise used for agricultural production. For
purposes of computing total agricultural production under
sections three hundred five and three hundred six of this
article, the sale of woodland products may be included up to
a maximum annual amount of two thousand dollars.
5. Agricultural value. The market value of land for
agricultural production purposes if no other use were possible.
Exhibit D-2
RESOLUTION NO. 285-1981, ADOPTING LOCAL LAW NO. 16-1981 A
LOCAL LAW RELATING TO THE ACQUISITION OF DEVELOPMENT
RIGHTS IN AGRICULTURAL LANDS
WHEREAS,.'there was duly presented and .introducedto. this.
County Legislature, at. a regular meeting held'on March 10,' 1981 ·
a proposed local law entitled, "A LOCAL LAW RELATING TO THE
ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS," a~d
said local law in final form is the same as when presented and
introduced; now, therefore, be it
RESOLVED, that said local law be enacted in form as follows:
LOCAL LAW NO. 16 YEAR 1981, SUFFOLK COUNTY, NEW YORK
LOCAL LAW RELATING TO THE ACQUISITION OF
DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS
BE IT ENACTED BY THE COUNTY LEGISLATURE OF SUFFOLK as
follows:
Section 1. Repeal
Local Law NO. 19-1974, Local Law No. 18-1976, Sections 1
through 5, and Local No. 2-1978 are hereby repealed.
Section 2. Legislative Findings
a) The State of New York, 'by various legislative
enactments has emphatically stated it to be a most important
state policy to conserve and protect and to encograge the
improvement of agricultural lands, both for the prod~ction of
food and the preservation of such lands as valued natural and
ecological resources. It has further stated that the
expenditure of County funds to acquire legal interests and
rights in such lands is in furtherance of such policy and is a
proper expenditure of public funds for public purposes.
b) The County is in complete accord with such policy
and this local law is intended to indicate generally the
procedures which will be employed by the County in its pursuit
of its goal to protect and conserve agricultural lands, open
spaces and open areas.
Exhibit E-1
114 9 518
Section 3.
Definitions
a) "Agricultural Lands" shall mean lands used in bona
fide agricultural production.
PrOduction for commercial purposes of all those i~em$ and
products as 'defined in N.Y.S. Agriculture and Markets Law, §301
as constituted on the effective date hereof.
c) "Development right" as authorized by ~247 of the
N.Y.S. General Municipal Law, as amended, shall mean the
permanent legal interest and right to permit, require or
restrict the use of the premises exclusively for agricultural
production as the term is presently defined in ~30! of the
N.Y.S. Agriculture and Markets Law, and the right to prohibit or
restrict the use of the p~emises for any purposes other than
agricultural production.
d) "Interest or right" in real property shall include
all legally recognized interests and rights in real property
other than fee simple.
e) "Structure" shall mean anything constructed or
erected which requires location in, on, or under the ground, or
attachment to something having a location in, on, or under the
ground including fences.
f) "Alienation" shall mean the transfer of any
development right in real property from Suffolk County to
another.
Committee.
"Committee" shall mean The Suffolk CountyiFarmland
Exhibit E-2
a) When authorized by the suffolk County Legislature,
the County Executive shall solicit off.ers
':d'e~l~pm~e~ ~'ri'~t~' ~-'~.~h '~'."a~u'ltu~l~i"~'i~d~!i
· .~oi~owi-~g rec~i~t..o~f.~Suc~'..-~fers/'~the''.~Co~ty'.'ExRd~t.fv~.~h~ti.
cause an appraisal of the market value of such development tights
to be made. After a report on the matter by the County Exec{itive
to the County Legislature, the County Legislature shall hold~a
public hearing on the question of the acceptance of one or mo~e
of such offers. Said hearing shall be held upon such notice
given in such manner as the Legislature may determine.
b) Within thirty (30) days after such public hearing,
the County Legislature shall make a decision upon the matter of
such offers.
Section 5. Alienation of Development Rights
a) Unless authorized by local law recommended by the
committee and approved upon mandatory referendum, development
rights acquired by the County in agricultural lands shall not
be alienated in any manner.
b) In determing whether to recommend the alienation of
development rights, the Committee shall take into consideration
(1) the continuing practicality of the use of the remainder fee
of lands, (2) the development rights which have been acquired by
the County, (3) such factors as the uses to which adjacent lands
have been put, and (4) the necessity for the use of the lands for
another governmental purpose.
Section 6. The Suffolk County Farmland Committee
a) The Committee is hereby constituted as a continuing
Agency of Suffolk County'Government.
b) It shall consist of 19 members, 9 of whom shall be
appointed by the County Executive with the approval of the County
Legislature, and serve at the pleasure of the County Executive;
and the other 10 shall be designated one from each Town within
the County~ and serve at the pleasure of the respective Town
Boards.
c) The designees of the
the Clerk of the County Legislature
respective Towns.
Towns shall be certified to
by the Town Clerk of the
Exhibit E-3
11499P 520
d) The Chairman of the Committee shall be designated
by the County Executive and serve at his pleasure.
:.... : ..... · .... · -..e). The. Committee. shall have .the.a.ughority:...:...(1) to .' ·
'. :~. ,. recg~me~d .~i%Q.'i .~he i:.' C'~unty '.$e~S.l'a~r~ i~t~e~- 1.and~-. '. ~hich.:may be ...' -
acquired 'for development rights, (2) to review requests'to
subdivide the remainder fee of lands and to thereafter make a
recommendation to the Legislature whether such request be
granted, (3) to review any matters relevant to development rights
and the agricultural economy in general, (4) to serve as a review
board for the granting of permits for the construction or
erection of structures' on those properties covered by the
development rights, and (5) to promulgate such rules and
regulations as may be necessary to carry out the intent of this
local law and to govern administration and functions of the
Suffolk County Farmland Committee.
Section 7. Conflicts
a) Notwithstanding the provisions of any special law,
charter law, local law or resolution which may be inconsistent
herewith, in whole or in part, this local law shall in all
respects control in the matter of the acquisition or alienation
of development rights in agricultural lands.
.. DATED: March 24, 1981
APPROVED BY:
County Executive of Suffolk County after
hearing duly held April 6, 1981, Date of Approval:
Filed with the Secretary of State on April 20, 1981.
~a public
!4/14/81.
Exhibit E-4
COUNTY OF SUFFOLK
DIVISION Of REAL ESTATI~
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
BoyS. ~a~t~
Acting Director
Desmond O'Sullivan, Esq.
112 Maple Place
Port Jefferson, ~PZ 11777
February -20, 1992
Re:
Thomas J. Droscoski, et al
SHO-790, Tax Map #1000-101-02-p/o 024.1 & p/o 024.2
Suffolk County Farmland Program, Phase III
Dear Mr. O'Sullivan:
In follow-up .to our negotiation meeting of February 13, 1992 and
in accordance with Resolution No. 922-1991 authorizing the County
o~ Suffolk to acquire Development Rights to Farmlands, Phase III,
the Division .of Real Estate .has secured the necessary appraisal
to determine value.
'The ~County~of Suffolk hereby offer~ you the sum.of $145,200, in
full' payment of the development rights to your property under the
subject file. This value is based on the following schedule:
DEV. RTS. DEV. RTS.
BEFORE VALUE AFTER VALUE VALUE VALUE
ACRES PER ACRE ~ERACRE PER ACRE TOTAL
Cropland 16.137 $17,000 $8,000 $9,000 $145,200
Woodland
Retained
TOTALS 16.137 $17,000 $8,000 $9,000 $145,200
In the event that a final survey shows a greater number or a
l~s~er number of acres than 16.137, the total development rights
value will be adjusted on the basis of the schedule set forth
above.
If there is any further information that you would
concerning this offer, please do not hesitate to contact
.ot~/~~~_t853-3800.
~vy .1~~ Director
like
this
EXHIBIT F
DESCRIPTION oF PROPERTY
ALL that certain plot, piece or parcel of land situate, ~
lying and being in the Hamlet of Cutchogue, Town of Southold, County
of Suffolk, New York, being Tax Map No. 1000-101-02-024.3,
hereinafter described as follows:
The property is situated on the west side of
Alvah's Lane 645.79 feet south of Long Island
Railroad, in the unincorporated community of
Cutchogue, Town of Southold, New York,
and as is shown on tax map attached hereto as Exhibit "H".
It is understood and agreed that the description in this
Exhibit is for the purpose of the contract only, and that a final
description for conveyance purposes shall be a more particular
d~scription to be determined by means of the surveys required under
the contract aforesaid to which this Exhibit is hereby appended.
EXHIBIT
11499~2~
1006)~ ~01 - Om
SUFFOIJ( COUNTY fAX MAI~
..
/
EXHIBIT