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Home My WebLink AboutNeuer & Sutermeister~, , .~ .~ JEA/WW. COCHRAN Superx~isor GREGORY F. YAKABOSKI TO~VN ATTORNEY BiARY C. WILSON ASSISTANT TOWN ATTORNEY Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih townattorne~southold.org OFFICE OF THE TOWN ATTORNEY TOWAI OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney March 2, 2001 NEUER SUTERMEISER to TOWN OF SOUTHOLD SCTM #1000-56-1-6 Betty: Attached for safe-keeping in your office, please find the following: 1) 2) 3) Thank you. Greg Original Suffolk County Clerk Records Office Recording Page Original Suffolk County Recording & Endorsement Page Original Deed dated December 20, 2000, between Robert & Joan Sutermeister/Arnold & Edith Neuer and the Town of Southold, recorded in the Suffolk County Clerk's office at Liber D00012095, Page 816, on 1/10/01. /md attachments cc: Town Board w/o attachment Melissa Spiro, Land Preservation Coordinator w/attachment Land Preservation Committee w/o attachment S:~Attorney\GREG\MELANIE\GREG\merno (GFY).doc SUFFOLK COUNTY CLERK RECORDS OFFICTM RECORDING PAGe- Type of Instrument: DEEDS/DDD N~mher of Pages: 5 TRANSFER TAX NUMBER: 00-22351 District: 1000 Deed Amount: Section: Block: 056.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $400,000.00 Recorded: At: LIBER: PAGE: Lo t: 006.000 Received the Following Fees For Page/Filing $15.00 COE $5.00 EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Comm. Pres $0.00 TRANSFER TAX NUMBER: 00-22351' THIS PAGE IS Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Ol/lO/2OOl 0B:32:39 ~ D00012095 816 Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $75.00 Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Sub Total 500 Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot 1000 056.00 01.00 006.000 Mc~' %ge Pant. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit_ Or Spec./Add. TOT. MTG. TAX Dual Town Dual County.__ Held for Apportionment __ Transfer Tax &~k~7 Mansion Tax The property covered by this mortgage is or will be improved by a one ortwo family dwelling only. YES or NO If NO, see appropriate tax clause on page # ' of this instrument. Community Preservation Fund Consideration Amount $ 400,000.00 CPF Tax Due $ -0- lmproved Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Gregory Yakoboski~ Esq. Souchold Town Hall P. O. Box 1179 Sonthold, New York 11971 91 This page forms part of the attached X TD / 0 TD TD [8 [ Title Company Information ~me Comanonwealth Land Title Ins. Co. I Title # ~i ~ Suffolk County Recording & Endorsement Page Robert Sutermeister and Joan Sutermeister Arnold Neuer and Edith Neuer TO Town of Southold Deed (SPECIFY TYPE OF INSTRUMENT ) Yhe premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Tovmship of Southold In the VILLAGE or HAMLET of Southold made by: BOXES 5 THRU 9 MUST BE Thq?ED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) ,Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. Ifa portion of your monthly mortgage payment included your property taxes, you will now need to contact ?our local Toxvn Tax Receiver so that you may be billed directly for all future properur' tax bills. Local property taxes are payable twice a year: on or before January l0th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Toxvn Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N_Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473 -023 6. Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y_ 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y_ 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 ..... Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N_Y. 11968 (516) 283-6514 I slip Town Receiver o f Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 aw 2/99 sincerely, Edward P. Romaine Suffolk County Clerk 'O Tax Map Designation Dist. 1000 Sec_ 056.00 B!k. 01.00 Lot(s) 006.000 Sourhold, NY 11971~/.~.. p~y'Ojr of the second pan, WITNESSETH, that the party of the first part, in consideration ofTen Dollars and oth~ valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors znd assigns of the parr}, of the second part forever, ALL that certain plot, piece or parcel of land, with thc buildings'and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ATTACHED BEING AND INTENDED TO BE the same premisesconveyed to the Grantor (s) by deed from Dominic T. Aurichio, dated 11-10-77 and recorded on 11-19-77 in Libor/Reel 8345, Page 405. AS set forth in Capter 59 and Chapter 6 of the Town Code of the Town of $outhold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, exdept upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with~e land in perpetuity. TOGETIIER with all right, title and interest, if any, of the paW5, of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all 'the estate and rights of the party of the first part in and to said premises; TO [lAVE Al,rD TO ItOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the parry of the first parr coyenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any wa3' whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a uust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same fn-st to the payment of the cost of the impm,.'ement before using any part of the total of the same for any other The word"party" shall'be construed as~if it read "pames" whenever the ser~e 0{*thjs ind~ture so requires. IN WlTNI~SS la, RVIEREOF, th¢~arty of the first part has du y executed thts ~edthe da> and year first above Robert Sut~rmeistar ~..a'an Sutermezster Town of Southold Ii6II M=o% n~M ~ploq~nos 6~II xog '0 'a II~H uno% ploq~nos 'bs~ ~soqo~x q-:ox ~N.go ~uedmoD a~ut~.msuI ~p!/L leUODeN Xl.qap!~l MI°~nS 000'900 ~oq O0'IO O0'9gO 000[ PlOq~nos ~o uaoi 0£ asnoM qlTPX pum a~n~N ploux¥ l@~s~oma~nS ueoF pu~ ~o~sToma~nS ~qo~ s.tovs,~o~,c~ao~sm~vs~vsaAo~zna 'oN H'itL[ p~es ~s p~ ;u~s~d ~u~o~a~o$ fi ,2aqmnu ;aa~x puv ;aais ay; vpnlou! '~O!o v u! &t avuap!saa fo a~ld aq~) pug aso~p p~p ~ i ~oq,a p~adde g[leUO~ad 'p~mpan ~i o~ ~ ~o K~p ~: u0 :'ss { ]o &unoD File~,~0.: RH800031.31 SCHEDULE A- DESCRZPTZON A~ENDED ALL that certain plot, piece or parcel of land, situate,'lying and b~ing at Arshamomaque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: I BEGINNING at a point on the northerly line of land of the Long Island Railroad where the south~.esterly corner of premises herein describe8 intersects the said northerly line of land of the Long Island Railroaci; RUNNING THENCE through Mill Path North 45 degrees 26 minutes 20 seconds West, 117.14 feet; THENCE along the northerly line of Hill Path the foJlowing six (6) courses and distances: (1) North 65 degrees 57 minutes West, 167.33 feet; (2) North 80 degrees 36 minutes 50 seconds West, 276.59 feet; (3) North 75 degrees 30 minutes 40 seconds West, 134.80 feet; (4) North 84 degrees 40 minutes West, 107.13 feet; (S) South 87 degrees 08 minutes 50 seconds-West, 130.13 feet; (6) South 83 degrees 44 minutes 50 seconds West, 172.60 feet to lands now or formerly oI Iohn Q. Adams Revocable Trust; , THENCE along said lands, North 5 degrees 20 minutes West, 185.10 feet'; I THENCE North 28 degrees 34 minutes West, 236.35 feet; THENCE South 77 degrees 29 minutes West, 163.34 feet to land now or formerly of Ted Dowd; ........... THENCE along said lands, North 11 degrees 30 minutes West, 223.46 feet; i RUNNING THENCE South 81 degrees 25 minutes West, 474.77 feet to land now or formerly of Simendinger and others; RUNNING THENCE along said lands the following four (4) courses and distances: (1) North 16 degrees 52 minutes East, 417.25 feet; (2) North 6 degrees 08 minutes 40 seconds East 87.711. feet; (3) North 2 degrees 19 minutes 10 seconds West 47.18 feet; (4) North 60 degrees 57 minutes 50 seconds East, 195.0 feet to the ordinary high water mark of Arshamomaque Pond; THENCE easterly and southerly and along the ordinary high water mark of Arshamomaque Pond the following three (3) courses and distances: (1) South 57 degrees 34 minutes 50 seconds East, 774.28 feet; (2) North 85 degrees 46 minutes 10 seconds East, 262.49 feet; Title Report Fil~.~.'~.: RH80003131 (3) South 48 degrees 35 minutes 50 seconds East, 1191.47 feet to the northerly line of ;the Long Island" Railroad; THENCE westerly and along the northerly line of the Long Tsland Railroad the Following two (2) courses and distances: (1) South 54 degrees 31 minutes 30 seconds West, 55.0 feet; (2) On an arc of curve bearing to the right whose chord runs South 58 degrees 19 minutes 40 seconds West, 250.0 feet to the point or place of BEGINNING, Title Report ELIZABETIt A. NEVILLE T O ~q CLERK REGISTI~4iR OF VITAL STATISTICS .~L-~:[RIAGE OFFICER RECORDS MANAGEZ~ENT OFFICER FR£EDO~I OF INFORM-kTION OFFICER Town Hall, 53095 I~Iain Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (63L, 765-1800 OFFICE OF THE TOWN CLERK TO.tN OF SOUTHOLD October 11, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Town Clerk ~'Southold Town Board adopted a resolution ,tober 10, 2000 to elect to purchase the :arcel of property of agricultural lands J-.00-006.000- TotalPostage&F~ $ ,/ fficial notification of the Town's intention hts on your/d~perty---~ cer ~f~ed copy~'~. [~ym~ Joffe Gerard ~rch~e~lu~on are enclosed for your~ ~ ~:~: N~.~ ~-~'~.- ........................................ PO Box / '~¢¥ ~fi~-~t~' .......................................................................... /Eas~ort, NY 119~1 Attorney's Office to discuss the steps '~'--"'~'"" ' .......... ~'T".'"' .......... i~.._. ~l.. ......... ;i.,. sion. Yours very truly, I also wish to receive the follow- 'il~ lng services (for an extra fee): I SENDER: 3. Article Addressed to: Arnold & Edith Neuer ~ 87' Second Sti'eet ' 1. [] Addressee'$ Address 2. [] Restricted Delivery 4a. Article Number 7000-0~08-[i(~29-3057-2209 E 4b. Service Type [] Registered E1Cer[ified ~ Express Mail ~ Insured .E, D Return Receipt for Merchandise ~ COD 7. Da, D iv 8. Address~'s Address (Only ff requested and fee is ~id) ~ . Garden City Park, NY 110q0 ELIZABETH A. NEVILLE TOVfN CLERK REGISTfL. kR OF VIT..kL STATISTICS R~kRRL&GE OFFICER RECORDS ~LkNAGEMENT OFFICER FREEDO~¢ OF INFOI~IATION OFFICER Town Fiefll, 53095 Main Roa¢ P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Syma Joffe Gerard, Broker Post Office Box 214 Eastport, New York 11941 Dear Ms Gerard: Please be advised that the Southold Town Board adopted a resolution at their regular meeting on October 10, 2000 to elect to purchase the development rights on the parcel of property of agricultural lands owned by Joan & Robert Sutermeister and Arnold & Edith Neuer identified as SCTM #1000-056.00-01 -. 00-006. 000. (-Please consider~J:~s.~our official notification of the Town's intention to [J~Jrchase the ~elopmen'~-,~ghts on this property. . 'fi.ed co the ~EQR res~Gtion and the p~cn~-~-b~solution ~r~e enclosed tot your record Please contact the Town Attorney's Office to discuss the steps required to bring this to a conclusion. SENDER: I also wish to receive the follow- lng services (for an extra fee): 1.~Addressee's Address 2.1~Res~icted Delivery ~ 3. Adicle Addressed to: S~'/m~ joffe Gerard, Broker I~O Box 214 astport NY 11941 6. Si~n~ 4a, Article Number ~ 7000 0600 0029 z957 2322 4b. Service Type [] Registered ~j Certified ~ Express Mail [] Insured [] Return Receipt for Merch_andis6 [~ COD 17. Date of D~ O iver~ I ( :3 [ ~ededrfs~A~:r~esj~O~nly"~ ' 8. f if requested and ~ 102595-gg-B-0223 DomestJc Return Receipt -- PS Form 3811, December 1994 ELIZABETH A. NEVILLE TOW1N CLERK REGISTILAR OF %rITAL STATISTICS MARRIAGE OFFICER RECORDS i~LANAGEi%IENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERIFY TI-I~T THE FOLLO~VING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BO.~RD ON OCTOBER 10, 2000: RESOLVED that the Toxxm Board of the Town of Southold hereby elects to purchase a certah~ parcei of property of Neuer and Sutermeister, comprishag approximately 27 acres located north of the Long Island Railroad, near Arshamomaque Pond, Southold, New York, identified as SCTM# 1000-056.00-01.00-006.000 at the pr/ce of $400,000.00 pursuant to the prox4sions of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Community Preservation Fund); and be it FURTHER RESOLVED that the parcel is be purchased either outright by the Town of Southold, or acquired under the SuffoLk COURty Preservation Parmership Program whereby SuffoLk County may appropriate an amom~t equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Pro,am whereby Suffolk Cotmty may appropriate an amount up to 70% of the total cost of acquisition. Southohl Town Clerk October 10, 2000 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF -~rIT2~L STATISTICS i~L-kRRL~GE OFFICER RECORDS ~,LMNAGEMENT OFFICER FREEDOM OF INFORmaTION OFFICER Totem Ha]], 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO~VN BOARD ON OCTOBER 10, 2000: WHEREAS, the Town Board of the Toxx-n of Southold xvishes to purchase a certain parcel of property of Neuer and Sutermeister, comprising approximately 27 acres located north of the Long Island Railroad, near Arshamomaque Pond, Southold, New York, identified as SCTM# 1000-056.00-01.00-006.000 at the price of $400,000.00 pursuant to the provisions of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Cmrununity Preservation Fund). Said Developments Pdghts to be pm:chased either outright by the Toxvn of Southold, or acquired under the Suffolk Comity Presentation Parmership Pro.am xvhereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Stfffolk County Greemvays Pro.am whereby Suffolk County may appropriate an amotmt up to 70% of the total cost of acquisition. RESOLVED by the Town Board that this action is classified as an Unlisted Action pursuant to the SEQRA rules and regulations, m 6 NYCRR 617 et seq.; RESOLVED that the Town is the Lead Agency; RESOLVED that the Short Enviroitrnental Assessment Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board determines that there will be no significmlt adverse impact on the envirorm~ent and declares a negative declaration for this action. Southold Town Clerk October 10, 2000 PUBLIC HEARING OCTOBER 10, 2000 8:05 P.M. ON THE MATTER OF THE ACQUiSITION OF THE PROPERTY OF NEUEPOSUTERIVIEISTER (SCTM #1000-056-01-006 Present: Supetwisor Jean W_ Cockran Justice Louisa P. Evans Com~cilman William D. Moore Cotmcilman Jolm M. Romanelli Com~cilman Brian G. Murphy Councihuan Craig A. Pdchter To~xm Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR COCHiL~X;: We will go to the hearing on the acqnisition of property of Neuer/Sutermeister read by Councihnan Mnrphy. COUNC1J-IYL~'~N MURPHY: "Notice is hereby ~ven that pursuant to the provisions of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Cormnunity Preservation Fund) of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public heating at 8:05 P.M., on the i0th of October, 2000, on rite question of the acquisition by the Toxxm of Southold of the property, of Neuer and Sutermeister, comprish~g approximately 27 acres, located north of the Long Island Railroad, near Arshamomaque Pond, Southold, New York, identified as SCTM #1000-056.00- 01.00-006.000 at the price of $400,000.00. Said property to be purchased either outright by the Toxxm of Southold, as acquired at, der the Suffolk County Preservation Partnership Progam whereby Suffolk Cotmty may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greemvays Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Further Notice is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Toxxn Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, m~d may be examined by any interested person during business hours. Dated: September 26, 2000. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Toxxm Clerk." We have a Legal Notice that is was published in the newspaper, that it was placed on the Town Clerk's Bulletin Board, and we have the Short Environmental Assessment Form in the file, and no correspondence. SUq)ERVISOR COCHRAN: Thank you, CounciLman. You have heard the readhxg of the pubhc notice in relation to the acquisition of prope~xy of Neuer and Sutenneister. Is there anyone that would like to address the Town Board either pro or con? Mr. Chairman? DICK RYAN: I hope you enjoy these maps. I think they are great. SUPERVISOR COCHRAN: I think they are great. It is worth a thousand words. DICK RYAN: These maps are done by your professional staff. John Sep and Melissa are the biggest mapmakers in town these days. SUPERVISOR COCHRAN: Yes, they are. Galileo, was he the one that drew the maps years ago? He would have it right here in Southold around the world. DICK RYAN: This subject property of approximately 27 acres in size is owned by Mr. and Mrs. Arnold Neuer and Mr. and Mrs. Robert Sutermeister since 1977. It is located on the west shore of Arshamomaque Pond and on the north side of the Long Island Railroad. The property is accessed by a right of way extending southerly over the Long Island Railroad to the Main Road. The parcel is zoned Residential Low Density, which is R80, which permits single residential development on two acres plots, but also intends to control and prevent development of open lands. The property is also subject to the LIPA electric transmission lines that generally parallels the Long Island Raikoad at this location. The parcel is comprised of heavily wooded up lands with some freshwater and tidal wetlands. The parcel affords magnificent views of the preserve wetlands and agricultural lands to the east across Arshamomaque Pond. The pond frontage offers opportunities for direct access for it's tidal waters leading to Mill Creek and Southold Bay. The purchase of this undeveloped parcel will serve to perpetually preserve important open space view shed lands on Arshamomaque Pond, as well as to provide the opportunity for public enjoyment of the quiet solitude found in the existing natural environment of the property. The Southold Town Planning Board has been consulted and expressed no reservation to the proposed purchase. The negotiated purchase price if $400,000.00 for all of the rights and interests in the entire parcel. The price of this proposed purchase reflects in part the cooperation of the owners, as well as the limited development potential, and remoteness of the location of the property. The proposed purchase is supported by a July 2000 appraisal independently prepared by R. J. Metusa and Associates of St. James. A survey of the parcel is to be accomplished. The survey and the purchase agreement should be subject to adoption by the Land Preservation Committee prior to any completion of this purchase should the Town Board so resolve. Because of it's woodlands, wetlands, shorelands, sea views, mad potential for outdoor recreational opportunities this property has a high eligibility for preservation. The parcel is identified for preservation on the Town's Community Preservation Propjet Plan. The purchase will most certainly preserve and continue an open space character of Arshamomaque Pond, specifically in the town in general. On behalf of the Land Preservation Committee I urge the Town Board to accept the offer of the purchase of the entire parcel for the sum of $400,000.00 subject to the receipt ofa approved survey, and to resolved to purchase the same pursuant to either the provisions of Chapter 6 or Chapter 59, the Open Space Preservation Section of the Town Code, and further to resolve that the purchase transaction may be accomplished under the auspices of either the Suffolk County Greenways Program, or the Suffolk County Preservation Partnership Program, or any other program of public open space funding as deemed appropriate by the Supervisor, and further to resolve that the purchase transaction is to be accomplished by the joint coordinated efforts of the Town Attorney and the Town Land Preservation Coordinator. Thank you. SUPERVISOR COCHRAN: Is there anyone that would like to address the Town Board in relation to this purchase? Miss Spiro, 1 think it is interesting. Would you explain what some of these colors are to those that are watching, and exactly where this is? This is down as you go over the bridge. MELISSA SPIRO: When you go over the bridge you can see the Long Island Railroad crossing. SUPERVISOR COCHRAN: You look at the land back of the wooded area. MELISSA SPIRO: You can also see the property from Bayview Road. This darker green here is Land Trust property, and the other green is current development rights. (unintelligible) SUPERVISOR COCHRAN: It is a beautiful piece. It is helpful for people to put the location into prospective, and yet see how many different ways that the Town is using to try and preserve through any method that we can. Anyone else like to address the Town Board in relation to this purchase? (No response.) I will close the heating. Southold Town Clerk Neuer/Sutermeister - Open Space Purchase. SCTM #1000-056-01-006 My name is Dick Ryan. I serve as your Chairman of the Southold Town Land Preservation Committee. I have a map here, produced by tom-staff, which outlines the subject parcel under consideration, located in the Hamlet of Southold. The subject parcel is approximately 27 acres in size and has been owned by Mr. & Mrs. Arnold Neuer and Mr. & Mrs. Robert Sutermeister, since 1977. It is located on the west shore of Hashamomuck Pond and on the north side of the LIRR_ The property is 'accessed by a right of way extending soutt~ef~.o~ver the LIRK to the Main Road. The parcel is zoned Residential Low Density~-r~'h:lch permits single family residential development on 2-acre plots, but which also intends to conttol and prevent development of open lands. The property is also subject to the LiPA electric transmission line that generally parallels the LIRR, at this. location. The parcel is comprised of heavily wooded uplands, with some freshwater and tidal wetlands. The parcel affords magnificent views of the preserved wetlands and agricultural lands to the east, across Hashamomuck Pond. The pond frontage offers opportunities for direct access to its tidal waters leading to Mill Creek and Southold Bay. The purchase of this undeveloped parcel will serve to perpetually preserYe important open space view-shed lands on Hashamomuck Pond, as well as to provide the opportunity for public enjoyment of the quiet solitude, found in the existing natural environment of the property. The Southold Town Planning Board has been consulted and expressed no reservation to the proposed purchase. The negotiated purchase price is $400,000, for the entire parcel. The price of this proposed purchase reflects in pan, the cooperation of the owners, as well as the limited development potential and the remoteness of the location of the property. Ihe proposed purchase is supported by a July, 2000 market value appraisal independently prepared b3 R.J. Matuza & Associates of St. James. A survey of the parcel is to be accomplished. The survey and purchase agreement should be subject to adoption by the Land Preservation Committee, prior to am completion of this purchase, should the Towm Board so RESOLVE. Because of its woodlands, wetlands, shorelands, scenic views and potential for outdoor recreational opportunities, this property has a high eligibility for preservation. The paxce[ is identified for preservation, on the Town's Community Preservation Project Plan (Chapter 6 of the Town Code). The purchase will most-certainly preserve and continue an important open space character-element of Hashamomuck Pond, specifically and the Town~ in genera. On behalf of the Land Preservation Committee, I urge the Town Board to accept the offer to purchase the entire parcel for the sum of $400,000 (subject to receipt of an approved survey). And to RESOLVE to purchase the same pursuant to the provisions of either Chapter 6 (Community Preservation Fund) or Chapter 59 (Open Space Preservation) of the Town Code. And further to RESOVE that the purchase transaction may be accomplished under the auspices of either the Suffolk County Greenways Program, or Suffolk County Preservation Parmership Program, or any other program ofpubfic open space funding, as deemed appropriate by the Supervisor. And further to RESOLVE that the purchase transaction is to 'be accomplished by the joint and coordinated efforts of the Town Attorney and the-~d'~-~- Land Preservation Coordinator. Thank you. October 2000 rcr LEGAL NOTICE NOTICE OF ~_ PU_BLIC HEARING NOTICE IS HEREBY GIVEN · that pursuant to the provisions· of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Community Preservation Fund) of'the Code of the Town of South01d, the Town Board of the Town of Souffiold will hold a pub- lic hearing at 8:05, EM. On October 10, · 2000 on the question of thc acquisi- non by the Town of Southold of the property of Neuer and Sutenneister, comprising ,approximately 27 acres, located north of the Long Island Rail Road, .~ near Arshamomaque Po.nd; Sour.hold, New: york. identifiedl as SCTM# 1000-056.00.01-006.000. at the purchase price of $400.000.00. . Said p[;3perty to be purchased eith- er outright by the ~Town of Soathold, or_acquired.under.the Suffolk County Preservation Pax. tnership, Program · whereby Suffolk: County may: ~ppro- priate an amount equal to 50% of th-e-' ~ total cost of acquisition: or under the Suffolk County Greenways Program wh_ereby Suffolk'County may appro- ~, priate an amount up to 70% of the . total cost of acquisition. ., ~ .. EURTHER .·NOTICE is hereby . given that a more detailed description of the above-mentioned parcel of land i is on file in the Southold Town Clerk's OffiCe, Southold Town Hall, 53095 MainRoad, Southold. New York, and : may be examined by any interested perspn during business hours. Dated: September 26 2000 BY ORDER OF Title , SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1564.1TO5 STATE OF NEWYORK) )SS: COUNTY OF SUFFO._M0 ~ ,._~'~-' C~C~',J ~'3[l,a,s~,~/,c',~,} of Maffituck, in said count, ~ ~uly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Maffituck, in the Town of Southold, Coun~ of Suffolk and State of NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week~r r[ ~ SUCCe~ively, commencing on the~ day of (~~ 20~ ~ Principal Clerk Sworn to before me this ~ day of (~ ~~ 20~ CHRIS~A T, ~ N~ Pu~ ~ d ~ Yo~ No. 01W~ ~a~fied ~ S~ ~ ~ I C0mmi~i0n ~ir~ ~r 13,~ [ State F--qv[ronmsntai Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTE~ AC'HONS Cnly PART [~PP, OJECT iNFORMATiON (To be camDleted by Ap~fic~nt ac Project sponsor) SEQR ~,. 'NILL ~DCpCSF. D AC'~ON COMP~_Y WITH -~J~TING ~ONING CH QTH~.=, -~(I~T, ING LANO US~ R~.~'~"~IC;'~CNa? '" No Ii Nm, :aa~-~be =dei~¢ If the act[on is in the Coastal Ares, and you are a state agency, c=mp[ete the OVER PART I]--ENV1RONMENT~: '.SESS~IENT ~a be commie'.sd ~y .-'~gsncy' PART iiI--DET--RMINAT:CN OF SiGNI~CANCE ~'o oe campie'.ed by Agencw ~ Chec,~ this bo:( if you have fd~n~jfied one or mora potentJ~ily large or sJgnific~ save~e [mD~c:s wnicR MAY 3ccur. ~en procae~ direc:Jy :o ~Chec~ ~his'.bax Jf you have de~a~in~, LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59, Open Space Preservation and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing at 8:05 P.M. on the 10th of October 10, 2000, on the question of the acquisition by the Town of Southold of the property of Neuer and Sutermeister, comprising approximately 27 acres,, located north of the Long Island Railroad, near Arshamomaque Pond, Southold, New York, identified as SCTM# 1000-056.00-01.00-006.000 at the price of SL[00,000.00. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk county Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 26, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK LEASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT ~F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO ,OX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Committee Neuer & Sutermeister Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 3~'a day of OCTOBER ,2000, she affixed a notice of which the amxexed printed notice is a tree copy, in a proper and substm~tial rammer, in a most public place in the To~vn of Southold, Suffolk County, New York, to wit: To~xm Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HE)d~ING Acquisition of Development Pdghts for SCTM # 1000-056.00-01.00-006.000 6l~lizabeth A. Nex~le Southold Town Clerk Sw.oe~n before me this 3r day of OCr bo~v- ,2000. ELIZABETH A. NEVILLE TOWN CLERK REGISTtLa-R OF VIT.kL STATISTICS i~L~_RRIAGE OFFICER RECORDS M-~klxr_&GEMENT OFFICER FREEDOi~I OF INFOIL~LA. TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 26, 2000: RESOLVED that the ~Town Board of the Town of Southold hereby sets 8:05 p.m., Tuesday, October 10, 2000, $outhold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the acquisition under the provisions of Chapter 59, Open Space Preservation, and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, of a certain parcel of property from Neuer and Sutermeister, comprising approximately 27 acres, located north of Long Island Railroad, near Arshamomaque Pond, Southolrl, New York, said property is identified as SCTM # 1000-056-01-006, at the purchase price of Su. O0,000.00, A. Neville Southold Town Clerk September 26, 2000 10/0~/00 ~ 001 T[~ 0?:35 FAX 816 T6~ 1368 $outbold Tmm Accoumsing ...... *r.3 TO: Elizabeth A, Neville.. Town Clerk FROM: Melissa Spire, Lm~d Preservation Coordinater RE: Open Space Purchase ofNeuer & Sutermeister Properly SCTM# 1000-56-[-6 DATE: September 26. 2000 As a result of the purchase offer acceptance of the o~v~exs of the above mentioned property, I ask that you place a resolution, on the September 26~ 2000, To,viz Board meeting ~vhich will schedule and publish notice of a public hearing for the above-noted. The property is approximately 27 acres in ama, mad is located on rite northerly side of lauds of the Long Island Railroad with frontage along the west side of Araban~omaq)~e Pond. The parcel h~ right-of-way access to the Main Road. Purchase of the fee title m the entire property i~ proposed pursuant to the provisions of either Chapter 6 or Chapter 59 of the Tow~ Code (as the Town Board may choose). The exac* area of the purchase is to be determined by a town provided survey, acceptable to the LPC prior to the contract closir~g. The p~rcha~¢ price is S400,000.00, sad is supported by a luly 3 l, 2000, appraisal prepared by R. L Matuz~ and received by fl:e Land Preservatien Committee oa August //It is posslbl~ that this property may qualify for parb~ership funding trader the Suffo~ County in regard to the Cotmty's interest in partnership_L.a.~ I will submit to you prior to the pabli¢ hearing, the Short EA.F, which briefly details th= proposal and conclmtes that the proposed action will not result in ~my significant adverse envlromnental impacts. The form viii need the Supervisor'6 endersement, followed I believe, by a filing in your office. Cc; Supervisor Coehran To,wa Board Members Town Attorney ]laud Preservation Committee Members ]?lrmrfing Board Town Comptroller GREGORY F. yAKABosKI TOWN ATTORNEY KATHLEEN MuRRAy ASSISTANT TOWN ATTORNEY PATI~ICIA .4~ FINNEGAN A.SSISTANT TO% .'N. ATTOF. NEY JOSHUA Y. I-IORTON Supervisor Town Hail, 53095 RouSe 25 P.O. Box 1179 Southold, New York 11971-0959 ~elephone (63i) 765-1939 greg,yakaboski~town.sou~hold, ny.~ katb]ecn.murray~to w~. so u~tlold, ny.us iJatricia.£rtmegan~ to ~vn. s o uthold. I~y.u$ OFFICE OF THE TOWN .ATTORNEY TOWN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Gregory F. Yakaboski, Esq. Town Attorney Date: September 30, 2002 Re: NEUER/SUTERMEISER to TOWN OF SOUTHOLD SCTM #1000-56-1-6 Open Space Betty: Enclosed for safekeeping in your office, please find the following document in relation to the above closing that was held on December 20, 2000: · Original Title Insurance Policy #RH80003131 issued by Commonwealth Title Insurance Company in the amount of $400,000.00 Please keep this along with the original recorded deed that was forwarded to you on March 2, 2001. Thank you, Greg /md enc. cc: Melissa Spiro, Land Preservation Coordinator w/enc. ISSUED BY OWNER'S POLICY OF TITLE INSURANCE Commonwealth SUBJECT TO THE EXCLUSIONS FROM COVER_a. GE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMON~VEALTH LAND TITLE INSURANCE COMPANY, a Pennfidvanla corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against lo$~ or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Tide to the estate or inmrest described in Schedule A being vc~ted other than a~ stared thexem; 2. Ally defect ill or I~en or ettcumbrance on the fitie; 3. Unmarketability o(the tide; 4. Lack of a rigb_t of access [o and from the land. The'Company ;sill~lso pAS' the costs, attorneys' fees and expenses incurred in defense of £he dale, as insured, but only to the extent provided 12q WfTNt~S x)qtEREOF~' COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be heremaro ~fi_xec~by. ¢t~ dnl_y ~.t!thor~zed officers the Policy to become valid when cotmter~igned by aa authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY EXCLUSIONS FROM COVE~GE The folinwing matrers ~e expressly exclu~d from the coverage of th~ poh~- ~d the Company will not pay ios~ or ~age, costs, attorneys' fees or expensea which arise by reason o~: 1. (a) ~3 law, ordinance or governmeatal relation (including but not li~red to buildi~ and ~ning laws, orffinances, or regnla~ons) restricting, r~uladng, prohibiting or relating to (i) the occupancy, uae, or eajo~ent ot the lal~; (ii) the character, dime~inns or location of any improve- me~t now or hereafter e~cted on the land; (iff) a separa~on in owae~p or a ~ge in the d~enstons ot ~ of t~e land or ~y parcel of ~ hich the land is or was a p~t; or (iv) emiro~entM prote~ion, or the atfe~ of any violadon of these laws, ordnances or govemmen/~ regula- tions, except to ~e ~tent that a notice ot the eaforceme~ thereof or a noffce o~ a defect, lien or encumbrance resulting from a xfiolatinn or ~leged vinladon affeet~g the l~d ~s been recorded in the pubic recor~ at Date of Policy. ~) Any governmental poIice power not excluded by (a) above, except to the extem that a no,ce of the exer~se thereof ota not~ce of a de~<t, lien or encumbrance result~g from a violation or ~eged ~olatinn affec~ ~e land has been recorded M the public records at l)a~e of Policy. 2. Right~ of ~inem dom~n uMess notice of the exerciae ~ereof ~as been re~rded in the public records at Date of Policy, but not excindi~ from ~verage a~ t~ing w~ch has occurred prior to Date of Policy win~ would be binding on ~e rights of ~urc~ser for vaine without ~owledge. 3. Defect. liens, encumbrances, adv~e clams or other matins: (a) crmred, suffered, assumed or agreed to by the imured claimanti th) not known ro the Compan3, not recorded in the public records at Dare of Policy, but known to the insured d~mant and not disclosed in writing to the Company by the insured clmm~ prior to the ~te the insured claimant became ~ insured under rMs policy; lc) r~uldng in no loss or damage to the lusted clMmanr; rd) arching or crear~ subsequent ~o Date of Policy; or Lc) resMd~ in loss or ~mage which woMd not have been sustMned if the ~ured cl~ant had paid value for the estate or interest insured by this pokey. 4. _~y cl~, wMch ~ises our of the tr~sa~ion vesting in the Insured the estate or interest insured by this policy, by r~son of the operation of feder~ ban~uptey, ~ate insolvency, or s~il~.cre~tors' ~hrs lin*s, ~at is based on: (a) the transaction creafi~ the e,tate or interest ~sured by this policy being de,ed a fmudulem conveyance or fraadulem ~anafer; or (b) the transaction cread~ the estate or interest insured by this policy being d~med a preferend~ ~aasfer except where the preferenfi~ transfer resul~ from the failure: (i) to ~mely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a jud~em or lien ~e~tor. NM 1 PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page Valid Only If Schedules A and B and Cover Are Attached ORIGINAL ~ File No.; RH80003131 Commonwealth SCHEDULE A Amount.of Tnsurance: $400,000.00 Date of Policy: December 18, 2000 Policy No.: RH80003131 Nah~e of Insured: TOWN OF $OUTHOLD, a municipal corporation The estate or interest in the land which is covered by this policy is: Fee Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD, a municipal corporation By deed made by ROBERT SUTERMETSTER and 3OAN SUTERMETSTER and ARNOLD NEUER and EDITH NEUER to the [NSURED dated December 18, 2000 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: Authorized Officer or Agent Fee Policy ]nser~ DEC.P-~.P-~00 4:56PM File No.; RH800031~, SCHEDULEB. Exceptions from Coverage ~: : ~hi.~policy does' not insuremgainst loss or damage (and~th¢ C~mpany will not pay eosu, attorneys' ~'" ~ f~e~or,.expenses~ which arise by Mason of the following: · ~ 1. E~ledcd¢ agreeme~ reCOrded 'in ~.iber/P~ee11342 page 350.: : 2. Toge~:hg, r-wjth the-benefit Of,and s,~bject to the bogen of a right of way recorded in L~bar/Aee,I 3~.r:~1. l~age 2~0} rapeated.,in(Liber/Reel 7921 page 512, Libor/Reel 8144 page 30 and IJberlRael 8345 I~a~e 3.1' No titie:J~:insured m~a~.'Y.r=;nds :n°Wunder the Wa~rs of Arshamomaque'(Hashamemuck)'Pond, 4. Subject to the r ghtsef th~ public to navigate [he waters si' Ar~hamomaque (Hashamomuck)Pond. 5. Riparian tights of ~,the? fronting on Arshamemaque (Haahamomuck) Pond. 6. Riparian r!ghts of the insured over Arshamomaque (Hashamomuck) Pond are not insured. Rights of the Governmental Authorities to improve navigation and change· bulkhead lines wl~out compensation to upland owners. Survey made by Peconic Surveyors P.C. dated 12/12/2000 shews vacant land (wet lands and wooded), (a) sixty (80) foot easement, high tension wires, tower and pole In easterly area, (b) dirt trails ~raverse the premises. Ne ether variations or encrsachmen~s. Subject to possible easement rights of others than the insured in, to and ever the dirt trails which traverse the premises as shown on the survey used herein. 10. 2000/01 School and town taxes. 11. Policy insures a right of way over Old Milt Path as shown on the survey used herein to the Nain P, oad (NY$ Rte, 25). Fee Policy InSert File No,: RH80003131 SCHEDULE A - DESCRTPTZON AMENDED 12/19/2000 ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, CountY of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of land of the Long Island Rai'lroad where the southwesterly corner of premises herein described intersects the said northerly' line of land of the Long Island Railroad; RUNNING THENCE through M~II Path North 45 degrees 26 minutes 20 seconds West, 117.14 feet; THENCE along the northerly line of Mill Path the following six (6) courses and distances: (i) North 65 degrees ~7'~'nTrt~"West, 167.33 feet', [2) North BO degrees 36 minutes 50 seconds West, 276.59 feet; (3) North 75 degrees 30 minutes 40 seconds West, 134.80 feet; (4) North 84 degrees 40 minutes West, 107.13 feet; (5) South 87 degrees 08 minutes 50 seconds West, 130.13 feet; (6) South 83 degrees 44 minutes 50 seconds West, 171.60 feet to lands now or formerly of lohn Q. Adams Revocable Trust; THENCE along said lands, North 5 degrees 20 minutes West, 185.10 feet; THENCE North 28 degrees 34 minutes West, 236.35 feet; THENCE South 77 degrees 29 minutes West, 163.34 feet to land now or formerly of Ted Dowd; THENCE along said lands, North 11 degrees 30 minutes West, 223.46 feet; RUNNING THENCE South 81 degrees 25 minutes West, 474.77 feet to land now or formerly of Simendinger and others; RUNNING THENCE along said lands the following four (4) courses and distances: (1) North 16 degrees 52 minutes East, 417.25 feet; : (2) North 6 degrees 08 minutes 40 seconds East 87.71 feet; (3) North 2 degrees 19 minutes 10 seconds West 47.18 feet; (4) North 60 degrees 57 minutes 50 seconds East, 195.0 feet to the ordinary high water mark of Arshamomaque Pond; THENCE easterly and southerly and along the ordinary high water mark of Arshamomaque Pond the following three (3) courses and distances: (1) South 57 degrees 34 minutes 50 seconds East, 774.28 feet; (2) North 85 degrees 46 minutes 10 seconds East, 262.49 feet; Title Report File No.: RH80003131 {3) South 48 degrees 35 minutes 50 seconds East, 1191.47 feet to the northerly line of the Long Island Railroad; THENCE westerly-and along.-t~e nontherly' line of the Long ~sland Railroad the following two (2) courses and dista nces: South 54 degrees 3! minutes 30 seconds West, 55.0 feet; (2) On an arc of curve bearing to the right whose chord runs South 58 degrees 19 minutes 40 seconds West, 2-50.0 feet to the point or place of BEG]'NNING. Commonwealth File No,.' RH80003131 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY HO. RH80003131 TSSUED BY COMMONWEALTH LAND TITLE ~NSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this po[icy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) if the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover interveniog liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the poli~y unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: December 18, 2000 Issued at: Commonwealth Land Title Insurance Company 177 Old Country Road, PO Box 419 Riverhead, NY 11901 Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) CONDITIONS AND,STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actuaI monetary loss or damage sustained or incurred by the insured claimant who has snl'fered loss or damage by reason of matters insured against b.~ this policy and onlD to the extent herein described. ia) The liability of the Company, under this pnl/cD shall not exceed the least off ti) the Amount of Insnrance stated in Schedule A4 or, {ii) the difference be[ween the value of the insured estate or interest as insured and the value of the insured estate or inter~x subject to the defect, lien or encumbrance insured against by 'this policy· (by In the e~ent the .~nount of Insurance stated in Sched~e A at the Date of Policy i~ less than 80 percent of the value of the insuretl e~mte or interest or the fulI consideration paid for the land, whichever is less, or if subsequent to the Date of Pohcy an improvement is erected on the land which increases the value of the insured estme or interest by at least 20 percent over the Amount of Insurance sm'ted in Schedule A. then this Policy is subject to the following: ti) where no subsequent improvement has been made, as to anD' partial loss, the Company shall only p~y the lo3' pro rata in the proportion that the amoun~ of.insurance at Date~ of.Policy bears to the total value of the insured e~ate or interest ar ~Date 0f Policy: or 0D where a subeeqnent improvemem has been made. as to an) partial loss, the Corn, puny stta~I only pa5' the loss pro rata in the proportion that I20 percent of the Amount 6f lf~surau~ stated in Schedule A bears to the sum of the Amomxt of Insm-ance stated in Schedule A and the amount expended for the impt0vemenL The provis[o~ of this paxagaaph shall not apply to costs, attorneys' fees and e~penses for which the Cothpany is liable under this polk), and shall only apply to ~hat portion ofavy toss which exceeds, in the aggregate, 10 percent of the Amount bf Insurance ~tared in Scbednle (c) The Company will pay o43 th6secosts, attorneys' fees and expenses incurred in acco~dence with ~Sei:ti0n 4 of these Conditions and Stipulations. 8. APPORTIONMENT. ' If the land described in ~c.~ule A cousists of tao or more parcels which are not used as a singI~ ~i~e. and a loss is established affecting one or more of the parcels but not a~ t~e 1.o, ss shall be computed and settled on a pro rata basis as if the amo~a~t ]hfifi~urance under this policy was dkided pro rata as to the value on ,D.~hCle 6f Policy of each separate-parcel to the ~hole, exclusive of any impr&~;e~ent~ made subsequent ro Date of Poli%, unless a hablliw or ~ahie ha~ ofller~i[e been agreed upon as to each parcel by the Company and the ~n~ffe~l at the time of the issuance of this policy and sho,~n bh' an express statement or bi,' an endorsement attached to this policy'. 9. LIMITATION OF LIABILITY. (ay If the Company establishes the title, or removes the alleged defecL lien or encumbrance, or cures the lack of a right of access to o} from the land, or cures the claim of uranarketabitity of title, all as insured, in a reasonably diligent manner by an)' method, including litigation and the completion of-anp appeals therefrom, it shall have fnllD performed its obligations with respect to that matter and shall not be liable for anD' loss or damage caused therebD (by In the event of anD' [[figatinn" including litigation bt*' the Company or with the Company's consen, the Company shall have no liability for loss or damage until there has been a final determination b) a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the tide as insured. (c) The Company shall not be liable for loss or damage to anD' insured for liability voluntaril) assumed by the insured in settling anD' claim or suit without the prior written consent of the Company. · 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. ,MI payments under this polic~, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro 11. LIABILITY NONCUMULATIVE It is expressly understood that rte amount ofinsntance under this polic~r ~hall.be reduced b5 an3' amount the Compau5 rna5- pay under any policy insunng a mortgage to which exception is taken in Schedule B o~ to which the h~sured has agreed, assumed_ or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or refexred to in Schedule A. and the amotmt so paid skull be deemed a pahrnent under r/tis pulicy to the insnred owner. 12. PAYMENT OF LOSS. la)Nopaymen[sha bemade vliboutproducinglh/spolicy[orendorsemem of the pa_~ mere unless he policy has been [os£ or destroyed, in ~ hich case proof of loss or destruction shall be furnished to the qadsf~cfton o[ the Company NM 1 PA 10 ALTA Owner's Policy (10-17-§2) Form 1190-3 Cover Page ORIGINAL (by When liability and the extent of loss or damage has been definitely fixed in accordance ~'kh these Conditions and Stipulations, the loss or damage shall be payable aithin 30 days thereafter. lg. $~BROGATION UPON PAYMENT OR SE'I-rLEMENT. (ay Thc Company's Right of Subrogation. Whene~er the CompanD shall haye settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected b) any act of the insured claimant. The Company shall be subrogated to and be entitled to all righr~ and remedies whinh the ~nsured claimant wonld have had against anD person or property in respect to the claim had this polk5 not been issued. If' requested b> the Company, the insured claimant shall transfer to the Company all th-his and remedies against any person or propert) necessary in order to perfect lifts right or' subrogation. The insured clalmal~t shall permit the Compan> ro sue. compromise or settle in the name o[ the insured claimant and to use the name of the insured claimant in any transaction or litigation invohing these dgkts or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated Io these rights and remedies in the proportion which the Campa~y's. paymelat bears to the whole amount of the loss If loss should result from any act of the insured claimant, as stated above, that act shall not ~oid this polic), but the Company, in that evenL sba 1 be required to pa5' only, that part of an/, losses insured agan~t by this pohcy ~hich shall exceed the amotm~ if any, lost to the Company by reason of the impairment b3 the insured claimant of the Company's righr of subrogation. (by The Company's Rights Ag~nst Non-insured Obligars. The Company's ri~dat of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnthes, guaranties, other policies o[ insurance or bonds, notwithstanding anD' terms or conditio~ contained in those in~rument~ which provide for subrogation ri_~2ats by reason of this policy. 14. ARBITRATION Unless prohibited bv applicable Ia'~ e the[ the Company or the insured maD' demand arbitration pursuant to the Title Insurance ,~rhitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to. any controversy or claim between the Con{puny and the insured arising out o~ or relating to this policy, anD' service of the Com.p~ny in connection with its issuance or the breach of a polic~ prov]smn or other obi/gallon. All arbitrable matters when the Amount of Insurance is gl.000,000-or less shall be arbitrated at the option of either the Company' or the insured. All arbitrable matters wben the Amount of Insurance is in excess of $1.000.000 shall be arbitrated only when agreed to by both the Comgany and the insured. Arbitration pursuant to this polic~, and under the Rules in effect on the date the demand for arbitration is made or, at the opt on of he insured the Rules in effect at Date of Policy shall be binding upon the parties. The aaard ma}' include attorneys' fee~ only if the laws of the state in 'shier the land is located permit a court to award attorne}s' fees to a prevailing party. Jndgment upon the award rendered by the Arbitraton's) may be entered in an> court having urisdicfion thereof. The law or' the situs of the land shall apply to an arbitration under the Title Insurance Arbimation Rules· A cop2, of the Rules ma~ be obtained from the Company upon request· 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (ay This policy together with all endorsements, if any. attached hereto by the Company is th~ entire polioD and contract between the insured and the Company. In interpreting and provision of this polha, this policy shall be construed as a ~hole. - ' (by Any claim of loss or damage, whether or not based on negligence, and whinh arises out of the status of the title to the estate or interest covered hereby or by anD' action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a wfifing endorsed hereon or attached hereto signed by either the President. a Viee President, the Secretary. an Assistant SecremrD, or validating officer or authorized signatory of the Company. 16, SEVERABILITY. In the event any provision of the policy is held inxalid or unen('orceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in fall force and effect. 17. NOTICES, WHERE SENT. ,UI nonces reqmred to be ~xren tl~ Compmay and an)' statement in writin_~ reqairud m be furnished fha Company shall include the number of this pelic) an~l shall be Valid Only If Face Page. Schedules A and 1~ Are ^ttacne~