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HomeMy WebLinkAboutHurtado, John L (2) ~L_~__~.____ '!-it ~ ·1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 5 Receipt Number : 04-0074002 TRANSFER TAX NUMBER: 03-49999 Recorded: At: 07/02/2004 10:50:54 AM LIBER: PAGE: D00012328 610 ·,,·0·. _:... ::;~_ "- DistrIct: . 1000 Dee<:i Amount: . ·-gectiCiIi: 079.00 EXAMINED AND $948,031. 00 .. Block: . 02.00 CHARGED AS FOLLOWS .. Lot: 007.007 R~~€i~¿åthe Following Fees· For Above Instrument Exempt NO NO NO NO NO NO $5.00 $15.00 $50.00 $0.00 $0.00 $0.00 $130.00 Page/Filing COE EA-CTY TP-584 RPT Transfer tax $15.00 $5.00 $5.00 $5.00 $30.00 $0.00 Handling NYS SRCHG EA-STATE Cert.Copies SCTM Comm.Pres Fees Paid TRANSFER TAX.NUMBER: 03-49999 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County "". ._. "~_c>" ...' Exempt NO NO NO NO NO NO ., r '. [!][2J b , Nhmber of pages RECORDED TORRENS 2004 Jul 02 :O~5Ü;54 P,M Ed~afd P~Rûffiaine Serial # CLERK GF SUFFOLK c.Üüt-fT'l Cerrificate # L ûQOD12328: P 6iO Prior Ctf. # DT# D3-4999'3 . Deed / Mortgage Instrument Deed / Mongage Tax Stamp Recording / Filing Stamps 3 FEES Grand Total Jct' ~ Mortgage Amt. 1. Basic Tax 2_ Additional Tax Sub Total SpecJAssit. or ¡Spec. /Add. ;TOT. MTG_ TAX Dnal Town _ Dnal County _ , Held for Appointment . ,Transfer Tax ~-t ~ : Mansion Tax :¡The property covered by this mortgage is ¡or will be improved by a one or two ,family dwelling only_ YES or NO If NO. see appropriate tax clause on ,page # of this instrument. ;, 5 'þommunity Preservation Fund Page / Filing Fee Handling 5. 00 - .~~.. TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.t.S.A. Sub Total çomm. of Ed. 5. 00 30 ",- Affidavit Cerrified Copy NYS Surcharge Other 15. 00 Sub Total ~ fp¿JtJ 4 Dist. Real Property Tax Service Agency Verification 04026820 0~ (Rf-'pOL A ì ~~~J 1000 07900 0200 007007 , . CO):ìsideration Amount $1'( ~Þ3l) 6/1 CPf Tax Due $ D Improved Vacant Land v 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: {;¿;;uJ-kZ¿/, ~--</Y¡ 1-J¿¿-1J ;n~/hJ<4 0 StJu/f~-7¿¡1 Ny / J '17/ TD TD TD 7 Tiùe# '. This page fonus part of the attached Suffolk County Recordin ÞJ?~ (SPECIFY TYPE OF INSTRUMENT) & Endorsement Pa e made by: ,T ~L, lIò fc£ h45,- / LF t/ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. :;6LG~úf 720 TO p / 1 7O-VV:-r'7¿5r Sð<-J-h7!4 In th!, Township of Inth" VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLA~K INK ONLY PRIOR TO RECORDING OR FILING. (over) ~ I I I I .", 1'1 Stan..dard N.ý,B.T.U. Form 8002 - Bargain. and Sale Deed, with co. venant against Grantor's Acts - Uniform Acknowledgment Form 32~0 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THI,s INDENTURE, made the I~y of June, 2004 BETWEEN J&C HOLDINGS, LP, a New York limited partnership wilh offices at 3400 Lighthouse Road, Southold, New York 11971, party of the first part, and THE TOWN OF SQUTHOLD, a municipal corporation with offices at 53095 Main Road, Southold, New York 11971, party of thé second part, WITNESSETH, that the party of the first part, in consideration of Ten and 001100--------------------------------------- ---------------------------------------------------------( $1 o. 00 )--------------------------------------------------------------dollars, 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, the heirs or successors and assigns of the party of the second part forever, All that certain prot, piece or parcel of land, situate, lying and being in the Town of Southoid, County of Suffolk and State of New York, known and designated as Lot 7 as shown on a certain map entitled, "Map of Forestbrook at Bayview" and filed in the Office of the Suffolk County Clerk on June 15, 2004 as Map No. 11119, said rot being more particularly bounded and described as follows: I BEGINNING at a point on the northeasterly side of North Bayview Road where the same Is intersected by the easterly boundary line of land now or formeriy of John G. Kendall; Running thence from said point or piace of beginning along said last mentioned land, the following two (2) courses and distances: 1) North 16 degrees 48 minutes 4G seconds East, 1026.78 feet; 2) North 44 degrees 11 minutes 40 seconds East, 294.71 feet; Running thence still along said last mentioned land and aiong land now or formeriy of Eugene C. Schwanke and A¡young Schwanke, NQrth 66 degrees 32 minutes 10 seconds East, 214.13 feet to the southerly boundary line of Subdivision Map "James W. Dawson"; Running thence alcng said iast mentioned boundary line the following four (4) courses and distances: 1) North 76 degrees 16 minutes 5G seconds East, 191.60 feet; 2) North 51 degrees 09 minutes 40 seconds East, 307.17 feet; 3) South 72 degrees 30 minutes 10 seconds East, 201.33 feet; 4) South 67 degrees 17 minutes 10 seconds East, 72.42 feet to land now or formerly of Donald F. and Joan E. I Bertroni· I: ' II Running thence along said last mentioned land and along iand now or formerly of Nancy Stedman and land II now or formeriy of Lawrence Walser and Diana Walser, South 21 degrees 22 minutes 10 seconds West, Ii 699.79 feet, II Running thence South 68 degrees 37 minutes 50 seconds East, 25.00 feet to land now or formeriy of Mary j<~ ¡ Smith and Barbara Jo Gabriel; I Running thence along said last mentioned land the following two (2) courses and distances: 1) South 21 degrees 22 minutes 1G seconds West, 10.00 feet; 2) South 49 degrees 20 minutes 20 seconds East, 211.90 feet to the westerly side of North Road to BaY'lieV/; Running thence along the westerly and southwesterly side of North Road to Bayview the following two (2) courses and distances: 1) South 21 degrees 22 minutes 10 seconds West, 40.76 feet; 2) South 26 degrees 02 minutes 20 seconds East, 353.15 feet to land now or formerly of Edgar R. Hamlin and Eileen E Hamlin ,. Running thence along said land South 21 degrees 07 minutes 30 seconds West, 156.21 feet; . Running thence in a northwesteriy, westerly and southwesterly direction the foilowing three (3) courses and distances: 1) Along the arc of a curve bearing to the right having a radius of 175.00 feet a distance of 153.7G feet; 2) Along the arc of a curve bearing to the left having a radius of 352.00 feet a distance of 1148.87 feet; I 3) Aiong the arc of a curve bearing to the right having a radius of 300.00 feet a distance of 172.01 feet; :¡ II Running thence South 16 degrees 32 minutes 20 seconds West, 106.26 feet to the northeasterly side of North 8ayview Road; and Thence along the northeasterly side of North Bayview Road the following two (2) courses and distances: 1) North 73 degrees 27 minutes 40 seconds West, 267.74 feet; 2) North 72 degrees 04 minutes 50 seconds West, 352.75 feet to the point or place of BEGINNING. II , . . EXCEPTING so much therefrom as is now or formerly owned by Paul E. Hale and Adelaide M. Hale being bounded and described as follows: tt,# __ BEGINNING at the northeasterly corner of the hereinafter described premises said point being distant four(4) courses and distances from a monument set on the westerly side of North Road to Bayview at the southeasterly corner of land now or formerly of Mark K. Smith and Barbara Jo Gabriel; 1) North 49 degrees 20 minutes 20 seconds West, 211.90 feet; 2) North 21 degrees 22 minutes 10 seconds East, 10. aD feet; 3) North 68,degrees 37 minutes 5a seconds West, 290.00 feet; 4) North 21 degrees22 minutes 10 seconds East, 40 feet to the true point or place of BEGINNING. Running thence South 21 degrees 22 minwtes 10 seconds West, 185.aO feet; Thence southwesterly along an arc of a curve bearing to the right having a radius of 25.00 feet a length of 3927 fee~ Thence North 68 degrees 37 minutes 50 seconds West, 235.00 feet; Thence westerly along,an arc of a curve bearing to the left having a radius of 101.17 feet a length of 40.00 feet; , Ttrence North a2 d"eg.'ees 07 minutes 30 seconds East, 230.69 feet; Thence South 68 degrees 37 minutes 50 seconds East, 375.00 feet to the point or place of BEGINNING. I -II FURTHER EXCEPTED from the conveyance hereof is the following right of way benefiting the excepted : premises: A Tight of way 20 feet in width being bounded and described as follows: _. BEGINNING at a point on the westerly side of North Road to Bayview distant 9.99 feet southerly from its : intersectiOn with the southerly line of land now or formerly of Mary K. Smith and Barbara Jo Gabrie!; Running thence South 21 degrees 22 minutes 10 seconds West along the westerly side of North Road to : Bayview, 22,31 feet; ¡IThence Nortl142 degrees 19 minutes 50 seconds West, 208.34 feet; : Thence North 68 degrees 37 minutes 50 seconds West, 30~<;1J feet; Thence:North 21 degrees 22 minutes 10 seconds East, 20.00 feet; . Thence South 68 degrees 37 minutes 50 seconds East, 307.90 feet; ·Thence.South 42 degrees 19 minutes 50 seconds East, 203.13 feet to the westerly side of North Road to Bayview at tlie point or place of BEGINNING. .. SUBJECT TO a right of way for ingress and egress for the benefit of land now or formerly of Hale (SCTM#1000-79-2-6), contiguous to the southerly line of the existing right of way, which is granted herein, over property more particularly described as follows: All thi¡¡ certain plot, piece or parcel of land, situate, lying and· being atBayview, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning afa point on the easterly line of land now or formerly of Paul E. Hale & Adelaide M. Hale, where said line is intersected by the southerly side of a certain right of way leading from North Road to Bayview to ¡1;md no\!\! grforJTl\!ély of Paul E. Hale & Adelaide M. Hale; Running thence from said point of beginning, South 68 degrees 37 minutes 50 seconds East along the southerly side of said right of way, 303.23 feet to an angle point in said tightlof way; Running th~nce through land of the party of the first the following two (2) courses and distances: (1) North 72 degrees 53 minutes 30 seconds West, 16225 feet; (2) North 63 degrees 45 minutes 30 seconds West, 141.94 feet to land now or formerly of Paul E. Hale & Adelaide M. Hale and the point or place of beginning. II SUBJECT TO covenants and restrictions described in Schedule "/':' annexed hereto. " , BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated 11/12/03, recorded 2/6/04 in Liber 12299 page 879. TOGETHER with all right, title and interest, if any, of the party of the first part 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 HAVE AND TO HOLD 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 party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. 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 trust 'urd te be applied first for the purpose of paying the cost of the improvement and will apply the same first to the paymsnt of the cost of the improvement before using any part of the total of the same for any other purpose. The \,vorà "party" shal! be construed as if It read L'pa!ijes" <¡,,'her¡ 9\:e¡ the sense o~ this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. iN PRESENCE OF: I fdeed7 J&C HOLDINGS, LP By: Ma Tine, Inc., General Partner '" {!~~ /,,, '- - .'//. . Byt4:¿4¥ß ',1ft" . Christíne C. Hurtado, President . . ro-·aE USËD'QNL YWHE lfTHE ACKNOWLEDGMEN;r 1$ MADEINNEWYORK STATE " State of New York, County of Suffolk, 5S: On the 17-f11 day of June, in the year 2004 before me, the undersigned, personally appeared CHlUSTJNE C. HURTADO personally knov;.n to me or proved to rtl.J= on the basis of satís1àctOI)' eyidence to be the individual( s) whose name( 5) is (are) subscribed to tbe within instrumèm and acknowledged to me that he/she:they executed the same in IDs/her/their capaÓJ:y(ies), and that by 1Üs:her.'their signarur.e(s) on the instrumem, rhe individual(s), or the person npon behalf 01 which "id~ 11,5 az:"ecut,"d the inS~:~,-- o in IVlaual takin:g aêknoWledgm¡¡nt) A61GAIL A, WICKHAM ¡ KAREN J. HAGEN Notary pubfiC. Starè ofNew'(odc. \ ' NOTARY PUBUC, State ot f:.IewYork . No_ 52~464287' .. . , N~. 02H':,~~27ù29 Þ /:; Qualified ¡n.suff0lk COU.!11YcAL . OJar:;E~ In S~;le,RICCJn:y Cornl1J.ission Expires$apt.~~ Co:nrr Ú.=:¡ ëx¡::res r.-:a:ch 2·1, 20_ (_-IO !'IF' "SE¡;> QIIIE,-"FWHdì-1--RE Al'i'l.NOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State of New York, County of Suffolk On the /7 ~ of June, in the year 2004 before me, the undersigned, personally appeared JOSHUA Y. HORTON personally known to me or proved to me en the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribedJo toe within instrument and aCknowledged to me that he/shellney executed the same in his/her/their capacity(ies), and that· by his/her/théir signature(s) on Uæ instrument, the individual(s), or the person upon behalf of which the individual(~G ,execute e instrument t·' 5S: Vi State (or District of Columbia, Territory, or Foreign Country) of 5S: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subsGribed to the within instrument and acknowledged to me Ihat he/she/they executed the same in his/her/their capacitY0es), and that by his/her/their signature(s) on the instrument, the individual(s), or Ihe person upon behalf of which the individual(s) acted, €xeGuted the instrument, and that such individual made such appearance before the undersigned in the in (and insert the State or Country or other place the acknowledgment was taken) (insert the City or other political subdivision) (signature and office of individual taking acknowledgment) BARGAiN' AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS J&C HOLDINGS, LP SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS Titl!! No. TO THETOWN OF SOUTHOLD Recorded at Request of COMMONWEALTH LAND TiTLE INSURJI.NCE COMPANY RETURN BY All TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS 0. Distributed by .;§ . Commonwealth ' ,,0 .~.L,-',ju:1.:!Er<J'':''~.'~Ù~.(P.·.,'Y ',",' Wickham, Bressler, Gordon & Gease, P.C. P.O. Box 1424 10315 Main Road Matlituck, New York 11952 Cm~1-ION"\'IE.-li.lH L..IJ'm TITLE L'\JSGRA_NCE Cmtp.\NY w u ¡¡: "- o '" " ¡¡ " o Ü LU " "- o w '" ~ " o "- w u « "- '" " ;: >- '" > " w '" w " __ ..~__~~ _ _~_c.~_~-=-----_~~~_~~~~<.~..--~ . SCHEDULE "A" TO DEED 1YIADE BY J&C HOLDINGS. LP TO THE TOWN OF SOUTOHLD DATED JUNE 17.2004 The premises described herein are transferred subject to the following additional restrictions, to \'limch the party of the second part covenants and agrees: I) The property ~ill remain lmdeve!oped in perpetuity for use as open space. a nature preserve and/or a passive recreational area with trails, wmch uses may include limited parlGngfor access purposes_ An information kiosk may be constructed. Use of the property shall alsocbe ¿onducted in accordance with applicable regulations governing open space in the TOW11 of Southold (Chapter 59 of the To\'In Code ofthe Town of Southold and any SUCCessm chapter. now or as it may be amended). 2) The interest acquired by the T OINn of Southold shall not hereafter be alienated except upon the affirmative vote of a majority of the Town Board after a public hearing thereon and; upon the approval by the electors of the to\'In voting on a proposition subnútted at a spe(Úal or biennial to~l1 election. No subsequent amendment of the provisions ef the subsection shall alter the limitation imposed upon the alienation of the fee or any lesser interest or right acquired by the 10\\11 prior to any such amendment. 3) These additional restrictions shall run with the land and shall bind the TOWN OF SOUTHOLD, its successors and assigns. IN WITNESS WHEREOF. the parties have duly executed this instrument on tms 17'h day of June, 2004. THE TO\\iN OF SOUTHOLD B~'- - 'L ~~ ~ y- _7.1~ ošhua Y. orton, Supervisor J&C HOLDINGS, LP By: Ma Tine, Inc., General Partner (lß ~d~ BY:L.It~ " ~ Christine C. Hurtado. President re. hurtsch ~.. I .-- N , W s - - -8 " :l ø' k .fj -Ò" L <IJ [ ,fJ (s J " EI - hlONUI-!cNT SET . ~ MONUMENT fDUHD' 8. - ST~KE sn ... - ST....KE fOUND """ N 7:<0 0",,,,,,, ------ -V" ÞV . ~ ~ E /lJ o o ,'t :p " .!!! <: -....... Su,- I. " uC:¡: °t '""I .../q ,lviS' < '1)"'s 1017 f<..r, Þv. D c,'P oÞy - -.............. so'?" \ \ ,C / -....... I / , , , , -....... \ , I \ , , / I I , , \ / Sp",cce I'James Open Map - ~~ ? ,,~~ z' ? 'Í:, "" C) G "' ? C' ~ -s:>. C) \\'\\'"' C' "5"3"" ~i-", C)~.:Ç: 1'1' ",,"" \ , I 'Y -....... 170Þy -....... Do Or ........ ~ f)olct fo" vOc, ~ '" '1)"'''11' f) t: '->S"t :J -......... . f3ert;O/ì -....... of) I , \ V'I, DC!I^lson" Subelivision , , / r-.. I / , , \ -....... \ , , 57:<0 :< 30'10" I:: 01.33, , , / , I S -....... 5 670/7z ''...J::::ctIYi~~t I 7<.,,:<';" I:: "'s Þv. ;; "tOp oÞy - 501{'1 , , \ , , \ , , , \ " ~ \'I11>°\e;!~ \",\.1>0 f)0Þy Iv. 0" ^ qr,c rOr Ÿ St", '1)"'''11' ~ ctf)¡Of):J V'lETLAND5 , _/ , ~ -' j ./ , -....... LINE OF V'lETLANDS IDENTIFIED 6Y COASTAL ENVIRONMENTAL CORPORATION LOCATED 6Y YOUN<s 4 YOUN<S ON DEC. 2001 -....... , .. ! / -' ill j , I / () , Ir , !!\ -Q , ../ r- .- . () () .-- .- ..-. m 0 ~ 8 N '" z fJ AREA OF V'lETLANDS - 0.4262 ACRE f)0Þy 1.0 0" f Þvre or ~ D. f)c", '1)"'''' 10f)0 ",,'VO/s Ÿ 'Yq¡ sf'" s",,, AREA OF RI<SHTS OF Y'iAY 0.2150 ACRES Ii -\" l7.oq;¡,v ~ --........~l.I'""" _ .... ~~."') ~1St-¡.,. q,.. .~I ....~.I': Jy",)-Of:: 0 ~ ~~-c........ -..-;¡........ Ii o ,,~,",.......... 6".......... . , ... ~-.;-~....~.87'Sc;;:;.........~"'$ ",'Ì~ I:;;~...."-'"'-<,~I........."b &" ¿. ~....:............t9i........ N7-;~__.:-.:-........_ .... ~~--.::- 16-_ (1(......2.5'.... .""'-_ 0",' I~~ ~~ o "'" " f} 'O~J.O R o· (y~ ['I rv /1) R=IOI.I1' L=40.o0' N 68~3S 37;!?S>' "0" J>y AREA OF V'lETLANDS o.o62ð ACRE ~ t:¡i¡ ~G/.i7""o,.. "~/~~i~/~ ~~!<I . 0 ~ ff iJl '£Q ~ -.j~&~TATION -- --- ~ ~ Lot 4 .... .... , , .... "- "\ "\ \ \ \ \ \ -----\- \ \ \ "\ "\ Subdivision - / "Forestbrook At. 6Q~vieVII" , , , , , I / Lot 3 '" , I Lot 1 AREA=25.1522 ACRES (¡nccluding area or I"<etlanels $ rights or I"<a~) Lot 5 '" Subdivision - "For-estbrook At BQ~vieVII" , , Subdivision - "For-estbrook At BQ~vieV'l" - Lot 1 to be cconve~eel to the T ol"<n or Southo lei ror Open Spa~e Purposes ---- -- Lot 2 ì / / r'" I I ø ..t..!; J 1:-............ -____ -¡ 1::- f¡ f¡ -- - - ---/- J}:PP I /¡ D! Iii / I K Ii f / I 8#",~ I / 1iJ/lJ I , I r-----_ Subdivision - / "For-estbf"'ook At B0':Jviell'!" / / I I I ~ ! ~ , I Subdivision - "For-estbrook At BCI':JvieVII" öB ¡i~ II II -ID! \ \ i Lot 6 I I Subdivision - I "Fol""estbrook At SCI':Jv1eYII" I "O~ L_ ~S'i ----- ___ ~·tl --- --- .Q '" v£,,~ON-DIS - - - 1::, A 'I ruR.S~ "' N oN ","~D 75':<7'<0" Yo¡ '-'Ui"i"I::R. .,., Lot I I- ~ () Z -. I noY\! or FOr'"merl!: I Robert M. Mc:Corth!: L-.. 4: MonQ R Me-Garthy Ii ~: - '---¡-- -- ~ l / [!~. I J? 0 {J '- I ! ó-:t.¡¡.J/ I {Y-b (J t ~£J..(J:r: I c-(f I 'í tv ìSD I :<7'-"_ 7'\...1" /tV - - -. - -. - -. - SA'Yy: :<69.:«, I EJIV ¡;¿ °AD --J - NON v£"GI:: -D¡sru 'AnON R.SI::D 6ui"i"I::R. "Dòii ""-" ""'ii;¡, --~--~ 400 Y Dung &- Young Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert. Professional Engineer Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect Douglas E. AdaTnS, Professional Engineer NOTE AREA ~ 25.7522 ACRES FINAL SURVEY SURVEYOR'S CERTIFICATION /.J~J.¡"f'p...'.--,," ,,' ,<" . . I " .~ t.ji)Pi\/""":'-~ r-' i' ..r'r;·' . .,'::f'- , c"} (/ HOWARD W YOUNG, N. Y S L S. NO. 4589 SURVEY FOR TOWN SOUTH OLD OF LOT 7 "FORESTBROOK AT BA YVIEW" At Boyview, Town of Southold Suffolk County, New York Iõ) IE C IE nu IE fñ) lfll JUN 14:œ4 I.W County Tax Map DI.trlct 1000 Section 79 Block 02 Lot Pia 7 TITLE SURVEY DEPl OF lAND PRESERVATION JUNE 10, 2004 MAY 27, 2004 ADDED CERTIFICATIONS JAN. 27, 2004 MAP PREPARED JAN 7, 2004 SCALE 1 D = 100' JOB NO. 2003-0510 DWG. 2001_0145_osp_o_200:L0510_title_survey TS ~U~ O-iji!:ijó , >0 'i<íì~" --;s~ !i!! '0' 15..~-< "'<0"''<- š~~o -'.,z[li ¡g~Bo ...;1i o , " ~" f!j d. Õ:"ii" "'1iF§ jót;~a i!zz~ !i!l~~ ~~§[Ii ~~~" 'I'! . c, L;~ ~~~~ o-O-Ii!5 g~:~ ~~jó'" ",r:::~e "0' ;:¡,,~'.I' 1;,1 h!5~ ':1\ " , !iiii ¡¡ ~~~: ðß~~ ¡¡:!\,zð "e;-¡¡: ~~ § o o e "'jIj~ ,>. :~~o- '!03 '.iz6~ ~;;;z !; ¡'j' Õ!¡¡¡iji~ "~;¡f'" ¡Ó"UI:o! ;21' ~¡s:! o ~~j~ /;:!l:0ê I·" f~~~ i!..."b ~~~ti ¡SÔI":§ i~'c 0" ~~~~ i!i"o" '" ~BIII::¡ ~o~~ ~o-~o- o jIj-<¡¡¡j Ö~1'>5 "'!i!:" ~~:~ ,., AiE I" 0" jiie::!;t;; i!'~¡¡¡¡ ¡¡",,,I' ;'¡"'~ð " MELISSA A. SPIRO LAND PRESERV AnON COORD[NATOR melis~a.spiro@ town. southold.ny. us OFFICE LOCATION: Town HaIl Annex 54375 State Route 25 (comer of Main Road & Y Dungs A venue I Southo[d, New York Telephone (63 [1765-5711 Facsimile (63 [) 765-6640 To: From: Date: Re: MAILING ADDRESS: P.O. Box 1 [79 Southo[d. NY [197[-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Da1a Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator June 24, 2004 J&C HOLDINGS, lP to TOWN OF SOUTH OLD SCTM #1000-79-2-p/o 7 Please be advised that the Town has acquired open space property as listed beiow. If you would like any additional information regarding the purchase, please feel free to contact me. lOCATION: OWNER: 5250 North Bayview Road, South old J&C Holdings, LP PURCHASE DATE: Closing took place 6/17/04 PURCHASE PRICE: $948,031.60 ($38,000/buildable acre) TOTAL ACREAGE: FUNDING: 25.7522 acres (purchase price based on 24.9482 buildable acres) CPF (2%) Funds MISCELLANEOUS: This property is listed in the Town's Community Preservation Project Plan. CLOSING STATEMENT J&C HOLDINGS, LP to TOWN OF SOUTHOLD Open Space - 25.7522 total open space acres 0.4890 wetlands acreage 0.3150 right of way acreage 24.9482 buildable acres @ $38,000/acre Premises: 5250 North Bayview. Road, Southold, NY SCTM #1000-79-2-p/o 7 Purchase Price of $ 948,031.60 disbursed as follows: Payable to J&C Holdings, LP Check #76933* $ 948.031.60 Expenses of Closing: 2003-04 Property Tax Reimbursement Payable to J&C Holdings, LP $ 2,907.47 167 days @ $17.41/day Check #76933* Appraisal Payable to Patrick A. Given Associates $ 1,900.00 Check #71934 Survey Young & Young $ 1,200.00 Reimbursed to J&C Holdings, LP Check #76933* Environmental Report Payable to Nelson, Pope & Voorhis, LLC $ 1,100,00 Check #74929 *all disbursements included in one check Title Report Payable to Chicago Title Insurance Company Check #76931 Fee insurance Recording deed $ 4,457,00 $ 4307.00 $ 150.00 Title Closer Attendance Fee Karen Hagen, Esq. Check #76932 $ 75.00 Closing took place on Thursday, June 17,2004 at 11 :30 a.m., Southold Town Hall Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. John L. Hurtado, Sr. Christine Hurtado John L. Hurtado, Jr. Abigail A. Wickham, Esq. Karen Hagen, Esq. Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Seller (J&C Holdings, LP) Seller Attorney for Seller Title Company Closer Land Preservation Administrative Asst ,. , , , i; I~. ~ 5íF3.: [/;;!5 L ~ -f-ê. -t/oLbfdE5 ,. . . AAfERlCAN LAND TfTLE ASSOClA TrON OWNER'S POLlCY (10-17-9]) IHTH NEW YORK COVERAGE ENDORSEMENT APPENDED CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Dale of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title: 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title. as insured, but only to the extent provided in the Conditions and Stipulations. {n Witnes., Whereof. CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Dare of Policy shown in Schedule A. the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 330 OLD COUNTRY ROAD MINEOLA. NY 11501-4122 (800) 521-0114 (516) 742-5000 CHICAGO TITLE INSURANCE COMPANY BY' ~~!JT ~rn';d."t ATTEST ÇZ:/{/-1~ s.".~~ . . ,: . .. . R~order Fùrm No. 8235 (Reprinted 10/00) ALTA Owner'5 Polic} (10-17-92) wINey. York. Coverage Endorsement Appended ,--'- ., ., j " i~ .,,1 . I'. 'It~ JUN 17 2004 12: 19 FR CHICAGO TITLE 516 741 0991 TO 16317651823 P.02/02 CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POUCY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Tille Number 3803-01259 Effective Date June 17, 2004 Amount of Insurance $948,031.60 1. Name of insured: TOWN OF SOUTHOLl) 2. The estate or interest in the land which Is covered by this Policy is: F¡;:E SIMPLE 3. nle to the estate or interest in the land Is vested in the insured by: A DEED FROM J&C HOI..DINGS, LP., TO THE INStJRIID, DATED 06/17/04. 4. The land referred to in this Policy is described as follows: - sa ATTACBBD DBSCr.IPTIOl'l- J)pV\ A/V1 {-4 Authorized Signatory /\./t OO>C ** TOTAL PAGE.02 ** . . CHICAGO TITLE INSURANCE COMPANY Title No.: 3803 -01259 LEGAL DESCRIPTION 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 KNOWN AND DESIGNATED AS LOT 7 AS SHOWN ON A CERTAIN MAP ENTITLED "MAP OF FORESTBROOK AT BA1'VIEW" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JUNE 15, 2004 AS MAP NUMBER 11119, SAID LOT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF NORTH BAYVIEW ROAD WHERE THE SAME IS INTERSECTED BY THE EASTERLY BOUNDARY LINE OF LAND NOW OR FORMERLY OF JOHN G. KENDALL; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG SAID LAST MENTIONED LAND THE FOLLOWING 2 COURSES AND DISTANCES, 1. NORTH 16 DEGREES 48 MINUTES 40 SECONDS EAST 1026_78 FEET; 2 . NORTH 44 DEGREES 11 MINUTES 40 SECONDS EAST 294.71 FEET; RUNNING THENCE STILL ALONG SAID LAST MENTIONED LAND AND ALONG LAND NOW OR FORMERLY OF EUGENE C. SCHWANKE AND AIYOUNG SCHWANKE, NORTH 66 DEGREES 32 MINUTES 10 SECONDS EAST 214.13 FEET TO THE SOUTHERLY BOUNDARY LINE OF SUBDIVISION MAP "JAMES W. DAWSON"; RUNNING THENCE ALONG SAID LAST MENTIONED BOUNDARY LINE THE FOLLOWING 4 COURSES AND DISTANCES, l. NORTH 76 DEGREES 16 MINUTES 50 SECONDS EAST 191.60 FEET; 2. NORTH 51 DEGREES 09 MINUTES 40 SECONDS EAST 307.17 FEET; 3. SOUTH 72 DEGREES 30 MINUTES 10 SECONDS EAST 201.33 FEET; 4. SOUTH 67 DEGREES 17 MINUTES 10 SECONDS EAST 72.42 FEET TO LAND NOW OR FORMERLY OF DONALD F. AND JOAN E. BERTRONI; RUNNING THENCE ALONG SAID LAST MENTIONED LAND AND ALONG LAND NOW OR FORMERLY OF NANCY STEDMAN AND LAND NOW OR FORMERLY OF LAWRENCE WALSER AND DIANA WALSER, SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WEST 699.79 FEET; RUNNING THENCE SOUTH 68 DEGREES 37 MINUTES 50 SECONDS EAST 25.00 FEET TO LAND NOW OR FORMERLY OF MARY K. SMITH AND BARBARA JO GABRIEL; RUNNING THENCE ALONG SAID LAST MENTIONED LAND THE FOLLOWING TWO COURSES AND DISTANCES, 1. SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WEST 10.00 FEET; 2_ SOUTH 49 DEGREES 20 MINUTES 20 SECONDS EAST 211.90 FEET TO THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW; LEGMA -LEGAL DESCRIPTION CONTlNUED- . . CHICAGO TITLE INSURANCE COMPANY Title No.: 3803-01259 LEGAL DESCRIPTION RUNNING THENCE ALONG THE WESTERLY AND SOUTHWESTERLY SIDE OF NORTH ROAD TO BAYVIEW THE FOLLOWING 2 COURSES AND DISTANCES, 1. SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WEST 40.76 FEET; 2. SOUTH 26 DEGREES 02 MINUTES 20 SECONDS EAST 353.15 FEET TO LAND NOW OR FORMERLY OF EDGAR R. HAMLIN AND EILEEN E. HAMLIN, RUNNING THENCE ALONG SAID LAND, SOUTH 21 DEGREES 07 MINUTES 30 SECONDS WEST 156.21 FEET; RUNNING THENCE IN A NORTHWESTERLY WESTERLY AND SOUTHWESTERLY DIRECTION THE FOLLOWING 3 COURSES AND DISTA11CES, 1. ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 175.00 FEET A DISTANCE OF 153.70 FEET; 2. ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 352.00 FEET A DISTANCE OF 1148.87 FEET; 3. ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 300.00 FEET A DISTANCE OF 172.01 FEET; RUNNING THENCE SOUTH 16 DEGREES 32 MINUTES 20 SECONDS WEST 106.26 FEET TO THE NORTHEASTERLY SIDE OF NORTH BAYVIEW ROAD AND; THENCE ALONG THE NORTHEASTERLY SIDE OF NORTH BAYVIEW ROAD THE FOLLOWING 2 COURSES AND DISTANCES, 1. NORTH 73 DEGREES 27 MINUTES 40 SECONDS WEST 267.74 FEET; 2. NORTH 72 DEGREES 04 MINUTES 50 SECONDS WEST 352.75 FEET TO THE POINT OR PLACE OF BEGINNING. EXCEPTING SO MUCH THEREFROM AS IS NOW OR FORMERLY OWNED BY PAUL E. HALE AND ADELAIDE M. HALE BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHEASTERLY CORNER OF THE HEREINAFTER DESCRIBED PREMISES SAID POINT BEING DISTANT 4 COURSES AND DISTANCES FROM A MONUMENT SET ON THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW AT THE SOUTHEASTERLY CORNER OF LAND NOW OR FORMERLY MARK K. SMITH AND BARBARA JO GABRIEL, l. NORTH 49 DEGREES 20 MINUTES 20 SECONDS WEST 211.90 FEET; 2. NORTH 21 DEGREES 22 MINUTES 10 SECONDS EAST 10.00 FEET; 3. NORTH 68 DEGREES 37 MINUTES 50 SECONDS WEST 290.00 FEET; 4. NORTH 21 DEGREES 22 MINUTES 10 SECONDS EAST 40 FEET TO THE TRUE POINT OR PLACE OF BEGINNING; LEGAlA -LEGAL DESCRIPTION CONTlNUED- . . CHICAGO TITLE INSURANCE COMPANY TitJeNo.: 3803-01259 LEGAL DESCRIPTION RUNNING THENCE SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WEST 185.00 FEET; THENCE SOUTHWESTERLY ALONG AN ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A LENGTH OF 39.27 FEET; THENCE NORTH 68 DEGREES 37 MINUTES 50 SECONDS WEST 235.00 FEET; THENCE WESTERLY ALONG AN ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 101.17 FEET A LENGTH OF 40.00 FEET; THENCE NORTH 02 DEGREES 07 MINUTES 30 SECONDS EAST 230.69 FEET; THENCE SOUTH 68 DEGREES 37 MINUTES 50 SECONDS EAST 375.00 FEET TO THE POINT OR PLACE OF BEGINNING. TOGETHER WITH A RIGHT OF WAY 20 FEET IN WIDTH BEING MORE PARTICULARLY BOUNOEO AND DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW DISTANT 9.99 FEET SOUTHERLY FROM ITS INTERSECTION WITH THE SOUTHERLY LINE OF LAND NOW OR FORMERLY OF MARY K. SMITH AND BARBARA JO GABRIEL; RUNNING THENCE SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WEST ALONG THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW 22.31 FEET; THENCE NORTH 42 DEGREES 19 MINUTES 50 SECONDS WEST 208.34 FEET; THENCE NORTH 68 DEGREES 37 MINUTES 50 SECONDS WEST 303.23 FEET; THENCE NORTH 21 DEGREES 22 MINUTES 10 SECONDS EAST 20.00 FEET; THENCE SOUTH 68 DEGREES 37 MINUTES 50 SECONDS EAST 307.90 FEET; THENCE SOUTH 42 DEGREES 19 MINUTES 50 SECONDS EAST 203.13 FEET TO THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW AT THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 079.00 BLOCK 02.00 PART OF LOT 007.000 lEGAlA -LEGAL DESCRIPTION CONTINUED- SCHEDULE B Policy No.: 3803-01259 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. RESERVATION AND RIGHT OF WAY IN LIBER 6021 CP 569. (AFFECTS CENTER PART OF CENTER OF PREMISES) . 2. SURVEY BY YOUNG AND YOUNG DATED 1/7/04 RE-DATED 5/27/04 (PREMISES AND MORE) SHOWS: (AS TO TAX LOT 7) VACANT LAND. ALSO SHOWS FRAME BARN, IRRIGATION POND, LINE OF WETLANDS (AFFECTS NORTHWESTERLY PART OF PREMISES), RIGHT-OF-WAY CROSSING PREMISES, DIRT DRIVEWAY ENCROACHES AN UNDETERMINED DISTANCE SOUTH OF SOUTHERLY LINE OF RIGHT-OF-WAY AND UTILITY POLES. NO OTHER ENCROACHMENTS. 3. NO TITLE IS INSURED TO ANY LAND NOW OR FORMERLY LYING IN THE BED OF POND, ITS ARMS, BRANCHES OR TRIBUTARIES BY WHATEVER NAME CALLED. 4. EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF NEW YORK AND TOWN OF SOUTHOLD OR ANY OF THEIR DEPARTMENTS OR AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS, LAND UNDER WATER AND LAND ADJACENT THERETO. 5. DECLARATION OF COVENANTS AND RESTRICTIONS IN LIBER 12314 CP 67. (AFFECTS ENTIRE MAP) 6. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED. BSCHD -SCHEDULE B- · ENDORSEMENT Attached to and made a part of Policy No. 3803-01259 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schcdule A of this policy." 2. The following is addcd 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 intervening 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 said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory. is made a part of said policy and is subject to the Exclusions from Coverage. ScheduJes, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate namc and seal to be hereunto affIXed by its duly authorized officers. D~ June 17, 2004 CHICAGO TITLE INSURANCE COMPANY ~Trvfl' L President. ¡'Vote· Ibis endorsement shall not be ~1Jlid or binding until countersigned by an authorized signatory. ~A'"'' ~ ê ßL-~- STANDARD NEW FORK E'DORSEME'T (9/1/93) FOR L·SE WITH ALTA OU~VER'S POLlCl' (10/17/92) ENYEQ92C