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HomeMy WebLinkAboutDickerson, Parker, Betsey & Chester i F �y � SLI DEED DEC�� f '' 4 199?_ 'OF ;n r DEVELOPMENT RIGHTS �l . �. . s 3 1:'101 THIS INDENTURE, made, this�day of kf� ,'&YA,�/� 1992 �°�� �.•®�+ ' BETWEEN PARKER E. DICKERSON and BETSEY DICKERSON, DISTRICT residing at ,Mill Creek Drive, Southold, New -York, and CHESTER M. 1000 DICKERSON, residing at Mountain View Manor, Torrington Connecticut, SECTION U 5555—U party of the first part, and BLOCK THE TOWN OF SOUTHOLD, a municipal corporation of the State of 02.00 New York, having its office and principal place of business at Main LOT )0 9.DO I Road, Town of Southold, County of Suffolk and State of New York, party of the second part. WITNESSETH DISTRICT That the party- of the first 'part, in consideration of ten and 1000 00/100 ($10.00) dollars, lawful money of the United States, and other SECTION 055 good and valuable consideration paid by the party of the second part,, BLOCK DOES HEREBY GRANT AND RELEASE unto the party of the second 01 -oc)— part, its successors and assigns forever, the DEVELOPMENT RIGHTS, LOT 008.0oo by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as amended, to permit,' require or restrict the use of the premises exclusively for agricultural production, as that term is presently defined in Chapter 25 of the Code of the , Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: PARCEL I 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 being bounded and described as follows: BEGINNING at a point on the easterly side of Railroad Avenue distant 1522.93 feet northerly from the corner formed by the intersection of the northerly side of C.R. 48 Middle Road) with the easterly side of Railroad Avenue (Youngs Road); RUNNING THENCE North 781 39' east along other lands now formerly of Dickerson 285.0 feet to a point; THENCE North 111 21' west still along land now formerly Dickerson 288.69 feet to a point and land now formerly of Grigonis; THENCE North 751 54' 00" east along last mentioned land 319.69 feet to a monument and land now formerly of — Grigonis; THENCE South 11° 34' 10" east along land now formerly Grigonis Avenue land now formerly Moffat and land now formerly Carroll a distant of 1063.90 feet to a monument and land now formerly Van Duzer; THENCE South 100 53' 50" east along last mentioned land 347.77 feet to a point and land now formerly of Suffolk County; THENCE the following 2 courses and distances along last mentioned lands: 1 . South 66° 44' west, 213.72 to a point; 2. South 111 21' east, 199.0 feet to land now formerly of Luhrs; THENCE South 661 38' 40" west along last mentioned lands 150.0 feet to a monument; THENCE South 111 21' east 13.25 feet to a monument and land now formerly W. Hufe; THENCE South 79° 47' west along last mentioned land 105.0 feet to a point and land now formerly of Harris; THENCE North 11° 21' west along last mentioned lands 63.0 feet to a point and land now formerly of Stankswicz 8 Goldense; THENCE North 790 47' east, along last mentioned lands 5.0 feet to a part; THENCE North 101 17' west along last mentioned lands and land now formerly Bugovik 245.0 feet to a point; THENCE South 790 47' west 154.55 feet to the easterly side of Railroad Avenue; THENCE North 11° 21' 00" west along the easterly side of Railroad Avenue 1082.00 feet to the point or place of BEGINNING. PARCEL II ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New r York, bounded and described as follows: BEGINNING at a point on the westerly side of Railroad or Youngs -Avenue where the same is intersected by the southerly line of land now or formerly of Grigonis, formerly of Patrick Carey; THENCE along the westerly side of Railroad or Youngs Avenue south 110 21' 00" east 1673.70 feet to land now or formerly of E. Dart; THENCE along said land south 760 47' 50" west 682.3 feet to land now or formerly of Conway; THENCE along said land the following courses and distances: 1 . North 100 47' 40" west 470.5 feet; 2. South 720 04' 30" west 1006.22 feet to the easterly side of Horton Lane; RUNNING THENCE along the easterly side of Horton Lane north 90 30' 50" west 395.91 feet to land now or formerly of Johnson; THENCE along said land the following three courses and distances: 1 . North 72° 12' 30" east 185.52 feet; i1584PIG 2. North 171 47' 40" west 50 feet; 3. North 280 33' 30" west 161 .94 feet to the southerly side of North Road; THENCE along the southerly side of North Road, north 331 01' 50" east 105.85 feet to other land now formerly of Dickerson; THENCE the following 3 courses and distances along last mentioned lands: 1 . South 56" 58' 10" east, 250.0 feet to a point; 2. North 331 01' 50" east, 315.0 feet to a point; 3. North 561 58' 10" west, -188.36 feet to a monument and land now formerly of Volosik; THENCE North 721 12' 30" east along last mentioned lands 337.33 feet to a monument; THENCE North 520 06' 40" west still along last mentioned lands 209.20 feet to a monument and land now formerly of Naman; THENCE North 630 43' 20" east along last mentioned lands = and now formerly Grigonis 1031 .20 feet to a monument set, in the easterly side of Youngs or Railroad Avenue and the point or place of BEGINNING. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto the party of the second part, its successors and assigns forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been inciumbered in any way whatever, except as aforesaid. The party of the first 11584PbIG5 part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND the party of the first part, covenants in all aspects to comply with Section 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 covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. : 11584POIS6 e SOURCE OF TITLE to said estate or interest in said land at the effective date hereof is vested in: Chester M. Dickerson, individual and as specific devisee under the last will and testament of Mahlon D. Dickerson deceased. Parker E. Dickerson, as specific devisee and the last will and testament of Mahlon D. Dickerson deceased and Betsey Dickerson, his wife. By the following two (2) deeds: 1 . From Eugene B. Gagen and Sophie D. Gagen, his wife, dated 11-29-57 and recorded 12-2-57 Liber 4399 cp. 87. 2. From Margaret B. Dickerson dated 9-3-83 and recorded 11-1-83 Liber 9453 cp. 73. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. _ Parker E. D�on etsey 6icke o Chester M. Dickerson STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) n On this / day of (XPC1992, before me personally came PARKER E. DICKERSON to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public HARVEY A.AANOFF Notary Public,State of New York No.52-)096585-Suffolk County Commission Expires— 444d�-3 g . 11584P"197 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this � day of �� ,� /-,o 1992, before me personally came BETSEY DICKERSON to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she executed the HARVEY A.ARNOFF same. Notary Public,State of New York No.52-MSU-Suit un Commission Expires Notary Public - - STATE OF .N E19 QIZK) N SSj `L`1 N0. 5G COUNTY OF Commission Ex ices On this ,�,`� day of \��,�t�����7 �_t— 1992, before me personally came CHESTER M. DICKERSON to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. _ Lav�� Notary-Public My Commission In.Jure 30, 1996 Security Title and Guaranty Company 205 0;borne' Avenue - N . 2 ^ CSl M IV (FORM OF AGREEMENT) THIS AGREEMENT, made the�day of 1912,, between Parker Dickerson and Betsey Dickerson, ux residing at Mill Creek Drive, residing at mountain , Torrington Southold, NY 11971 and CHESTER DICKERSON/ hereinafter referred to as the CT "Seller"and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office and principal office at Main Road, Southold, New York, hereinafter referred to as the "Purchaser." W I T N E S S E T H 11 The Seller agrees to sell and convey, and the Purchaser agrees to purchase 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 RIDER "A". 21 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 presently defined in Chapter 25 of the Southold Town Code, and the right to prohibit. or restrict the use of the premises for any purposes other than agricultural production. 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 Town, nor such agricultural production. Such covenant shall run with the land it perpetuity. EXHIBIT A 4 _; � � l• f' � Ill / 31 The power and purpose of the purchaser is limited to, acquiring the Development Rights 'in lands used in bona .fide agricultural production and Purchaser reserves the right, upon obtaining a survey and inspecting the premises in relation thereto, to hold a public hearing on the acquisition pursuant -to Section 247 of the Genesi Ailunicipai Law and .thereafter, to cancel this Agreement if the premises are not entirely used or�suitable 'for agricultural production, as herein defined, in which case the price will be adjusted in' proportion to the area deemed suitable using the unit price as herein set forth. 41 The price is four hundred Vied-tutee thodsand dollars ($ 403,000.00 - )DOLLARS, based upon the representation of the seller that the premises contain 62 acres, at $ 6,500.00 per acre. The price will be adjusted to the actual acreage. Purchaser will have the premises, 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 Seller 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 Purchaser, shall be binding, provided that the purchaser shall not 'be required to expend more than the original price stipulated in this contract. If a Seller's survey is secured, the recomputation of acreage 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 -2- • r 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 Town of Southold check at the time of closing. 5] .The deed shall be in the form approved by the Town Attorney, and shall be duly executed and acknowledged so as to convey to the Purchaser Development Rights of the said, premises, free of all liens and encumbrances, except as herein stated, and said deed shall contain such trust clause as is required by _law. If the Seller is 'a corporation, it shall 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 the 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 with the requirements of 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section. 61 At the closing of title the Seller shall deliver to the Purchaser a certified check to the order of the recording officer of the county for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law. 71 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. -3- 81 The Seller agrees that, the underlying fee title retained by the Seller into plots by the -filing of a subdivision map pursuant may not be subdivided to 265 and 277 of the Town Law and/or 335 of the Real Property Law, or lawn,. amending or replacing.the same. The underlying fee may be divided only pursuant to applicable provisions of law and upon approval .of the Town Planning Board or its successor. The provisions of this section shall survive delivery of_the instrument -of- conveyance. 91 Rights hereunder sold. are sold and are to be„conveyed subject to: NO EXCEPTIONS. 101 The Purchaser- may make its determination of whether the-premises are free from all encumbrances, except as stated, as set forth in Paragraph 5, 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 Purchaser, and, if any is involved, the title company. 111 If at the date of closing there may be- any other liens 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 Town Fiscal Officer at least;two weeks prior to the date fixed for closing. The Purchaser, if request is made withing a reasonable time prior to the date of closing of title, agrees to provide at',the closing separate checks as requested, aggregating the amount -4- of the purchase price, to-facilitate the satisfaction of any such 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 Seller, if such is the case. 131 In the event that the Seller is unable to convey title in accordance with the terms of this contract, the sole liability of the Seller will be to pay the cost of examining the title, by the Purchaser, the Purchaser's agents, or the Purchaser's title company, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the cost of any survey made in connection 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 Town Fiscal Officer. At the time of the closing, the Seller shall submit a then applicable such 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 contractural relationship shall require approval of the contract and sale by the Supreme Court. 15] The deed shall be delivered upon the receipt of said payments at the office of the Supervisor, Southold Town Hall, Main Road, Southold, New York. 161 The parties agree that no broker brought about this sale. -5- ti ®� 1k 171 It is understood and agreed that all understandings and agreements had between the parties hereto 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 made by the other, not embodied in this contract. 181 The 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. 191 If two or more persons constitute the Seller, the work "Seller" shall be construed as if it read "Sellers" whenever the sense of this Agreement so requires. 2 ] The closing date shall be on or about November 15, 1992 at the Southold Town Hall, Main Road, Southole, New York. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto on the day and year first o e written e er e e_r " Seller TOWN OF SOUTFWLD BY -At�� Scott e Harris, Supervisor Purchaser ATTEST: APPROVED AS TO FORM: Si wn Attorney Or JUDITH T. TERRY a Town Hall, 53095 Main Road _ �. - - _:.:��� -. nz P.O. Box 1179 TOWN CLERK REGISTRAR OF VITAL STATISTICS ;, ;< Southold, New York 11971 MARRIAGE OFFICER �® �' Fax (516) 765-1823 e� �''' r Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THjI'S IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 20, 1992: RESOLVED that the Town Board of the Town of Southold hereby sets 8 :00 P.M. , Tuesday, June 16, 1992, Southold Town Hall, 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 the following properties: 1 . Barry Berkman & others, north side of Oregon Road, Mattituck, Tax Map No. 1000-94-3-3, 28± acres, $7,500.00 per acre, for a total of approximately $210,000.00. 2. Adrian H. Courtenay, III, north side of Wickham Avenue, Mattituck, Tax Map No. 1000-107-5-p/o 6.1 , 20 acres, $9,500.00 per acre, for a total of $190,000.00. 3. Chester, Parker & Betsey Dickerson, west and east side of Youngs Avenue, Southold Tax Map Nos. 1000-55-1-8 & 1000-55-2-9.1, 62 acres, $6,500.00 per acre, for a total of $403,000.00. Judith T. Terry- Southold Town Clerk May 21, 1992 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 16th day of June, 1992, at 8:00 P.M_, at the Southold Town Hall, Main Road, Southold, New York, on the question of the acceptance of options for the acquisition, by the Town of Southold, of the development rights in the following parcels of agricultural lands, to wit: 1. A parcel of land owned by Barry Berkman & others, comprising approximately 28 acres, located on the north side of Oregon Road, Mattituck, New York. 2. A parcel of land owned by Adrian H. Courtenay, 111, comprising approximately 20 acres, located on the north side of Wickham Avenue, Mattituck, New York. 3. A parcel of land owned by Chester, Parker and Betsey Dickerson, comprising approximately 62 acres, located on the west and east sides of Youngs Avenue, Southold, New York. FURTHER NOTICE IS GIVEN that option agreements between the owners of the above described parcels of land and the Town of Southold, containing a more detailed description of the above mentioned parcels of land, are on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. DATED: May 20, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 28, 1992, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman The Suffolk Times Town Board Members Town Attorneys Land Preservation Committee Town Clerk's Bulletin Board PUBLIC HEARING SOUTHOLD TOWN BOARD June 16, 1992 8:00 P.M. ON THE PROPOSED AXQUISITION OF DEVELOPMENT RIGHTS OF AGRICULTURAL LAND OWNED BY BARRY BERKMAN 8 OTHERS, ADRIAN H. COURTENAY, III, AND CHESTER, PARKER AND BETSEY DICKERSON. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff _ Absent: Councilman George L. Penny IV SUPERVISOR HARRIS: At this time we have a public hearing on the acquisition of development rights of agricultural lands owned by Berkman, Courtenay, and Dickerson. At this time, the proof of verification and publication of such change public hearing. The Town Clerk will now read that. TOWN CLERK TERRY: "Legal Notice. Notice of 'Public Hearing. Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town , Board of the Town of Southold will hold a public hearing on the 16th day of June, 1992, at 8:00 P.M. , at the Southold Town Hall, Main Road, Southold, New York, on the question of the acceptance of options for the acquisition, by the Town of Southold, of the development rights in the following parcels of agricul- tural lands, to wit: 1 . A parcel of land owned by Barry Berkman 8 others, comprising approximately 28 acres, located on the north side of Oregon Road, Mattituck, New York. 2. A parcel of land owned by Adrian H. Courtenay, III, comprising approximately 20 acres, located on the north side of Wickham Avenue, Mattituck, New York. 3. A parcel of land owned by Chester, Parker and Betsey Dickerson, comprising approximately 62 acres, located on the west and east side of Youngs Avenue, Southold, New York. Further notice is given that option agreements between the owners of the above described' parcels of land and the Town of Southold, containing a more detailed description of the above mentioned parcels of land, are on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: May 20, 1992. Judith T. Terry, Southold Town Clerk." I have a notice, that, I as Town Clerk, posted this on the Town Clerk's Bulletin Board, that it was published in The Suffolk Times, 'P 2 - PH dev. rights and The Long Island Traveler-Watchman. I have a letter, a memorandum, to the Town Board, at the request of the Town Board from Arthur Ross, Chairman of Land Preservation Committee, dated May 28, 1992. This is written in response to the request of the Board for a brief report outlining the selection criteria for the Moelius, I'll explain, was a hearing we held two weeks ago. Berkman, Courtenay, and Dickerson parcels, which were recommended to the Board for purchase of development rights by the Town. In carrying out it's role as advisor to the Board, the Land Preservation Committee, and it's predecessor committees, has sought to avoid the restrictions inherent in a list of criteria, which a property must meet in order to be considered for recommendation to the Board. While I can not speak for - specific decisions of the Farmland Preservation Committee, since it's inception, Bob Villa, and Gerry Dennahy have shared my concern, that the program not be subject to challanges on the grounds, that rigid specifications were not met in each, and every case. At the same time, my colleagues and 1, have been mindful of the need for guidelines, other than appraisal value for our decision making. This need became all the more evident when applications increased after the voters approved the renewed Farmland Program in November, 1991 . After thorough discussion we reported a list of-factors for committee deliberation, which are included in the minutes of our meeting of March 10, 1992, which you received. A copy is enclosed with this letter. These factors are not set in stone. We expect to change chem from time to time, but they serve for the present. Another prime consideration entered our deliberations on Moelius, Berkman, Courtenay, _ and Dickerson properties. All four have been referred on to the County, when Town funds appropriated on the early program had been exhausted. While the County purchased many Southold Town farms, these four were among those frozen in the pipeline of County procedures, and we gave them priority. The Berkman eighteen acre parcel was selected from two offerings made by the same owner. It adjourns a farm on which the County purchased development rights to thirty-seven acres. The twenty acre Courtenay property in Mattituck is prime farmland in an area where several farm families are considering the sale of development rights. This purchase might be an incentive to go forward. The sixty-two acre Dickerson parcel was choosen from two offered by this local family. It is east, and west of Railroad Avenue, otherwise known as Youngs Avenue, north of County Route 48, and may well be the northern boundary of the hamlet of Southold in the future. will read the factors for committee deliberation. Theirs statute is a bonafide agricultural production will conserve, protect and encourage the improvement of prime agricultural lands, both for the production of food and the preservation of open space. Other, ten acres or more, current production, reasonably accessible open space factor, resident farmer, probably of development, proximity to other property under protection from non-farmland use, physical characteristics, and/or impairment, readily available for transfer, visability, scenic, fertility, soil quality, and then when have some other data supplied by the Assessors, that is in the file, and may be examined at any time, as well as information from our accountant concerning the method, the debt schedule concerning the bond should we purchase these properties. SUPERVISOR HARRIS: Thank you. Is there any member of the audience, that would like to address this Board on this public hearing? (No response.) If not, I'll declare this public hearing closed. XJ/udith' T. Terry Southold Town Clerk JUDITH T. TERRY Town Hall, 53095 Main Road P.O. Box,1179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax 516 765-1823 MARRIAGE OFFICER ;•. . ' �' Telephone (516) 765-1801 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 JUNE 16, 1992: WHEREAS, the Town Board of the Town of Southold entered into option agreements with (1) Barry Berkman S others; (2) Adrian H. Courtenay, III; and (3) Chester, Parker & Betsey Dickerson for the purchase of the development rights in their agricultural lands; and WHEREAS, the Town Board held a public hearing with respect to said options on the 16th day of June, 1992, pursuant to the provisions of Section 25-4 of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in said option agreements between (1) Barry Berkman & others; (2) Adrian H. Courtenay, 111; and (3) Chester, Parker & Betsey Dickerson; now, therefore, be it RESOLVED that' the Town Board hereby elects to exercise the options to purchase the development rights in the aforesaid agricultural lands owned by (1) Barry Berkman & others; (2) Adrian H. Courtenay, III; and (3) Chester, Parker 1; Betsey Dickerson; and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to (1) Barry Berkman & others; (2) Adrian H. Courtenay, 111; and (3) Chester, Parker & Betsey Dickerson; and BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized and directed to execute any and all required documents for the acceptance of said development rights. Judith T. Terry Southold Town Clerk June 17, 1992 SMFF0Zk 0 JUDITH T.TERRY �� Gym Town Hall,53095 Main Road TOWN CLERKti ;.c P.O. Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICSO Fax(516) 765-1823 MARRIAGE OFFICER y� • ��� RECORDS MANAGEMENT OFFICER Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER 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 MARCH 4, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an Agreement for Modification of Restrictions between Parker E. Dickerson and Betsey Dickerson and Chester M. Dickerson and the Town of Southold, whereby the Town consents that the original covenant restricting all subdivision on their grant of development rights parcel made to the Town on November 25, 1992 be changed and modified so the Dickersons .shall have the right to split off and sell the southerly eighteen (18) acres of the aforesaid property, on the condition that both resulting properties may only be used for agricultural purposes and that no further subdivisions shall occur; said Agreement all in accordance with the approval of the Town Attorney. 57 Judith T. Terry Southold Town Clerk March 5, 1997