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Home My WebLink AboutU S General Services Administration , .. ROBERT W. TASKER Town Attorney ORNEY D TELEPHONE (516) 477-1400 RECEIVED 425 MAIN ST. GREENPORT, L.r., NEW YORK II944 JUL 9 gj4 July 3, 1984 Town Clerk Southold Hon. Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Town w/U.S. Government at Fishers Island Dear Judy: Relative to the above, enclosed herewith are the following: 1. Original Deed dated April 6, 1984 from the U. S. Government to the Town of Southold, which deed has been recorded in the Suffolk County Clerk's Office in Liber 9549 of deeds at page 228. 2. Original and one copy of Title Insurance Policy No. T1284-0072. 3. Town voucher executed by Title Guarantee covering their fees. In order that I may have a record of your receipt of the above for my file, will you please sign a copy of this letter which I have enclosed for that purpose and return same to me. Yours very truly, g4 ROBERT W. TASKER RWT :aa encs. cc: Mr. Philip Knauff ~I r~d !" " \l~ '\) ~ oj .-." ~ => ~ :J) ..... ~ c__. ~--~ c r~----'" i.~l ~ 'i':) "'-: t , -~ , \.: \. r .\\..,c: --,,) ~ ) ".-. ~'\ \\ i I . An , ,';l'"'S ~\BtR 95(1::J ft,\it _to 0;>", / KNOW /\T,:, MEN BY THESli: PRFSlC"ITS: That the UNITED STATES OF AMERICA, acting by and thrDugh the AmUNIS'T'RA'T'OR OF GE"IERAL SERVICES, under and pursuant to thc; powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 St~. ~7~as .J '$ \.I. e. '<<" ~J~ amenQe~ .~n~~e rn~~~tioE~nd orders promulgated thereunder,~ or n 1n /...vtg~~l'd'er~tton i)~id 'f"o'ult."'1n""'tn~5~U'~ of Six Hundred Ninetv Five Thousand and 00/100 ($695,000.00) Dollars 30269 does hereby remise, release, and forever quitclaim unto a municipal corP9r?tion organized under the laws of the NO" 11I/'tIJ f.<;/tb, .Sc"...k lDi N.'!! all its right, title and interest in and to the property described in Schedule A, together with all appurtenances and improvements thereto, subject to such conditions as may be set forth in said Schedule A, being an approximate 4.68 acre parcel of land and an approximate 61,135 square foot parcel of land, being the former Navy Cove Area, Coast Guard Warehouse, Coast Guard Station and Navy Family Housing, Fishers IslanQ, Southold, Suffolk County, New York. Town of Southbld, State of New York; TO HAVE AtID 'T'O HOLD the granted premises with all the privileges and appurtenances thereto belonging, to the said grantee(s) and to the heirs or Successors and assigns of same, to their own use and behoof forever. This deed is executed and delivered to the said grantee(s), and to the heirs or successors and assigns of same, without any covenants whatsoever, either express or implied. And Grantor, in compliance with Section 13 of the Lien Law, covenants that it will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fun~ to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of same for any!other purpose. IN WITNESS WHEREOF, the UNITED STATES OF AMERICA, acting by and through the ADMINISTRATOR of GENERAL SERVICES, has caused these presents to be executed as a sealed instrument in its name and behalf this 6th day of April, 1984. ~ co '" "" CO ~ ~ CO i ~ UNITED STATES OF AMERICA Acting By and Through 'T'he ADMINISTRATOR OF GENERAL SERVICES ~ ::> Re lanaI Adminis rator General Services Administration Region One, Boston, Massachusetts ~OZ69 I $... ........ pC", t""<:T!\TE APR 231984 TRANSr.FR TAX SUFF"IK COUNTY DISTRICT 1000 SECTION 12 BLOCK 1 LOT plo 4 um 9549 ?A~E 22 9 Schedule A PARCEL I A certain tract or parcel of land with the buildings thereon, located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Northerly line of other land of this Grantee located 219.25 feet North of a point which is 6140.83 feet West of a monument marking the United States Coast and Geodetic Survey Triagulation Station "PROS" and running thence North 420 29' 00" West 120.50 feet; thence North 470 31' 00" East 12.00 feet; thence North 420 29' 00" West 47.13 feet; thence North 470 09' 08" East about 176 feet to the shore of Silver Eel Cove; thence Northwesterly about 367 feet along said shoreline and East side of the jetty to Long Island Sound; thence Southeasterly about 198 feet along the jetty to the shore of Long Island Sound; thence Westerly about 503 feet along said shore line to land of John A. Gada; thence South 280 46' 00" West about 342.2 feet to a drill hole; thence South 620 14' 00" East 200.00 feet to an iron pin; thence South 380 10' 00" West 40.00 feet; thence South 620 14' 00" East 25.00 feet to a spike; thence North 380 10' 00" East 182.7 feet; thence South 630 31' 00" East 119.95 feet to a spike; thence North 420 59' 00" East 235.78 feet to a bolt; thence North 470 31' 00" East 126.29 feet to the point of beginning. Containing 4.68 acres, more or less. Subject to the rights of others to use, maintain and repair all utilities and roads which cross the above described tract. Excepting and reserving to the Government, an easement to establish, use and maintain underground telephone and utility lines within the limits of a twenty-five foot wide easement more particularly described as follows: Beginning at a point on the southeasterly side of the property line; said point being N600 00' E a distance of 14.0 feet from a stake on the northeasterly corner of the U.S. Coast Guard Station Property to be retained; running thence the fOllowing courses and distances: N300 00' W a distance of 19.0 feet to a point; thence N800 00" W a distance of 58 feet to a point; thence N300 OO'W a distance of 85 feet more or less to the mean low water line of Fishers Island Sound; thence meandering easterly along said mean low water line 26.0 feet more or less to a point; said point being on a line 25' perpendicular and parallel to the aforementioned northwest line; thence S300 OO'E a distance of 57 feet more or less to a point; said point being S340 OO'E a distance of 78.0 feet from a stake located in the northwest corner of the U.S. Coast Guard Station property to be retained and north a distance of 48 feet from the northeast corner of the existing Station Building; thence N470 DO' E 193.0 feet to a point on the large boulder wharf at the DISTRICT 1000 SECTION 9 BLOCK 10 LOT 9 l'IBER 9549 rAGE 230 entrance of Silver Eel Cove Harbor; thence S400 00' E a distance of 25.03 feet to a point; thence S470 00' W 183.0 feet to a point; thence S800 OO'E 39.0 feet to a point; thence S300 OO'E 30.0 feet to a point on the southeasterly property line; thence along said property line S60 OO'W a distance of 25.0 feet to the point or place of beginning. All bearing and coordinates are referred to the Magnetic Meridian on the 15-16 April 1952. PARCEL II Together with another certain tract or parcel buildings thereon, located at Fishers Island, Southhold, County of Suffolk and State of New bounded and described as follows: of land with Town of York, being the Beginning at a monument on the Southwesterly line of Equestrian Avenue, located 614.43 feet North of a point which is 4127.52 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 660 42' 00" West 231.00 feet to an iron pipe; thence South 220 47' 00" East 200.00 feet to an iron pipe on the Northwesterly line of Whistler Avenue; thence along said Avenue line on the following three courses: North 670 13' 00" East 264.55 feet to a drill hole in a sidewalk; North 430 26' 00" East 60.12 feet to a drill hole in a sidewalk and North 280 19' 00" East 97.39 feet to the Southeasterly line of said Equestrian Avenue; thence South 790 28' 15" West 103.45 feet along said Avenue line to a monument; thence North 560 10' 50" West 113.17 feet along said Avenue line to the monument at the point of beginning. Containing 61,135 square feet, more or less. Together with an easement and right of way over all that tract or parcel of land situated in the Town of Southold, Fishers ISland, County of Suffolk, State of New York, being 16 feet in width over the existing roadway which is parallel to Whistler Avenue, the southern line of said easement and right of way being a distance of 100'-7" from the iron post on the eastern Whistler Avenue boundary. Containing 0.073 acres more or less. Together with and subject to any existing rights for the use and maintenance of a sewer line crossing the above described premises and adjoining property. Subject to rights of others to use and maintain the existing poles, overhead utilities and telephone lines and building on and crossing the above described premises. Subject to the requirement that the grantee, its successors and assigns, comply with the Regulations set forth in FAA Advisory Circular 70j7460-2G entitled "Proposed Construction or Alteration of Objects that May Affect the Navigable Air Space." 'L18ER 9549 PAGE 231 EXCESS PROFITS CLAUSE .' With respect to the real property described in Schedule A (the "subject property") if at any time within a three-year period from the date of transfer of title by the Grantor, the Grantee shall sell or enter into agreements to sell (hereinafter referred to as a "disposition") in one transaction Or series of transactions, it is agreed that all proceeds received or to be received from such disposition (whether received during the three-year period or thereafter) in excess of the Grantee's costs will be remitted to the Grantor. For purposes of this agreement the Grantee's costs shall include, but not be limited to,expenditures made or incurred by Grantee on or with respect to the subject property, or which benefit the subject property, for the following: (1) land acquisition: (2) property maintenance and insurance; (3 ) fi nand ng ; (4) marketing and promotion; (5) project administration; (6) physical development, including road construction, storm and sanitary sewer construction, other public facilities or utility construction, building rehabilita- tion and demolition, landscaping, grading and other site or public improvements; and (7) planning, design and engineering services; provided, however, that the Grantee's costs will not include expenditures to the extent the same are defrayed by Federal Government grants. . In the event that there shall be a disposition within such three- year period that consists of less than all of the subject property, in determining whether the proceeds received at any time from such disposition are in excess of the Grantee's costs appropriately allocable to the property which is the subject of such disposition, the total Grantee's costs incurred prior to the receipt of such proceeds shall, as may be appropriate and equitable, either be: (a) specifically allocated between the property which is the subject of the disposition and the remainder of the subject property held by the Grantee, o~ (b) multiplied by a fraction the numerator of which is the area of the property which is the subject of the disposition and the denominator of which is the net developable area of the subject property, and the result allocated to the property which is the subject of the disposition. This covenant will run with the land for a period of three (3) years from the date of conveyance. . . LiBER 9549 PAC[ 232 NON-DISCRIMINATION COVENANT The Grantee covenants for itself, its heirs, successors, and assigns and every successor in interest to the property hereby conveyed, or any part thereof, that the said Grantee and such heirs, successors, and assi~ns shall not discriminate upon the basis of race, color, religIon or national ori~in in the use, occupancy, sale, or lease of the property, or In their employment practices conducted theron. This covenant shall not apply, however, to the lease or rental of a room or rooms within a family dwelling unit; nor shall it apply with respect to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therin in the locality of the property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction. '. ) I UBER 9549 PAGE 235 c::> .,j :::> , .~ :> '..;, ;J -=- ~ c::: ::i - \..,".J \.--: ~ '-!-~-,~~. ...- ..-.~ ".;':;' ~~ ~~:1~, :--.:..;-~ 2031 ~ ~ ;.!.J.-::';' c::: :2 -n~'64/ 1;;L T. G. -11. Y. ~_._----,._----_._~.----_....--~._~---~--_.._- RECORD AND RETURN TO ~~ ~b.L- %l~/1f.y /171ft ..CORDED aY. THE TITlE GUARANTEE COMPANY L1B[R 9549 PACE 235 -" .d "' " 2031 Q '-' c--1 ~ .-' \ / i-~ c::: c ~ -na.'lS4/ 1;L T. G. - N. Y. RECORD AND RETURN TO q{~ ~bA- %L~/1tj /lfo/ RECORDED RY. THE TITLE GUARANTEE COMPANY L1Bf:1I9549 p~ct 234 COMMONWEALTH OF MASSACHUSETTS) COUNTY OF SUFFOLK ) ss. In Boston, in said County and State, on this 6th day of April, 1984, before me personally appeared Peter J. M lJ19lJ,1as<lJ.}li:q..ion,qJ,..Administrator, General Services Administration~.L...U, "<~"l!fflS!:"81i, ;)rass'1f~'ftm1hts duly empowered and authorized and delegateo by the Administrator of General Services, to me known and known by me to be the party executing the foregoing instrument and acknowledged said instrument by him duly executed, to be the free act and deed of the UNITED STATES OF AMERICA, as his free act and deed ind'vidually, and in his capacity as Regional Administrator, 1 ,[ ,"" Ad.l i ~' 80,too, """h""tt" WILLIAM F. MANLEY ~ , WIUI:', r~ ..... Notary Public . NOTMY Pl' My Commission Expi res: October 19, 1984 My Cernm.ss,.". ,";cr; OCt.lu, L_ ~--<--- TITLE INSURFlNCE POLICY THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY, a New York Corporation, and TICOR TITLE INSURANCE COMPANY, A California Corporation, jointly and severally, together herein called "the Company," in consideration of the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the prem- ises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of unmarketability of the title of the insured to or in the premises, or by reason of liens or incumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of a lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth in Schedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the man- ner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. Bn 9.Vitness 9.V~et'eOf, the compaDies have caused their corporaltl II8IIlCS and sea1s 10 be hereunto affixed by their duly authorized ofIlcen. TICOR TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY ~ J..u-~~ _ Attest-~~ S ecrelary Mu.ERS NEW YON( BC>>.FlD Of MLE UNDERWRITERS r 704 REV. 5M 10/83 Name of Insured Policy No. T1284-0072 TOWN OF SOUTHOLD Amount of Insurance $ 695,000.00 Dateoflssue 4/6/84 The estate or interest insured by this policy is fee simple vested in the insured by means of By deed from United State of America, acting by and through the Administrator of General Services, to the INSURED, dated 4/6/84, recorded 4/23/84 in Liber 9549 cp 228. SCHEDULE "S" The following estates, interests, defects, objections to title, liens and Incumbrances and other matters are excepted from the coverage of this policy: 1. Defects and incumbrances arising or becoming 8 lien after the date of this policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental, war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to use, occu. pancy, subdivision or improvement of the premises adopted or Imposed by any governmental body, or the effect of any noncom- pliance with or any violation thereof. 4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suttered, assumed or agreed to, by or with the privity of the insured. 5. Title to any property beyond the lines of the premises,..or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. A. Covenants and Restrictions in Liber 4615 cp 283. B. 1. 2 Structures, 2 garages, 1 playhouse, building, Right of Way traversing center of premises east and west. 2. Fenced in area well within record lines with underground telephone cables and manhole within. 3. Numerous poles and overhead utility lines on described premises. 4. Sidewalk within southwesterly portion of premises. 5. Sewer Lines from Whistler Avenue to structure. 6. Pavement and fences within northeasterly portion of premises. As shown on survey by Richard H. Strouse, dated 6/14/83 and subject to any changes since that date. (affects Housing Tract). C. Any state of facts a personal inspection of the premises may disclose (affects Housing Tract). SCHEDULE ..B.. OF THIS POLICY CONSISTS OF I 2 I SHEET(S). THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 715 REV. 7.5M 10/83 Policy No. T1284-0072 SCHEDULE "B" (continued) D. Rights of others in, to and over the Right of Way shown on the above survey. E. Rights of the Fishers Island Telephone COmpany to use and maintain the existing building in the northeasterly portion of premises and to use and maintain the existing underground or overhead cables as shown on the above survey. Rights of others to use and maintain the poles, utility lines and sewer lines as shown on the above survey. F. ,'ji?, '( 11 Ii L G. n' Any state of facts an accurate survey may show, (affects Water Front Tract). ~ \' H. The description contained in Schedule "A" survey to be made and Tract). is not insured without a , (affects Water Front I. Any state of (affects Water of the premsses may disclose J. No title is high water mark the present or former 's Island Sound. K. Rights of the or formerly under Sound. portions of premises now Eel Cove and Fisher's Island L. Rights of the Federal Government to enter upon and take possession without compensation of lands now or formerly lying below the high water mark of Silver Eel Cove and Fisher's Island Sound. M. Riparian rights of others than the insured in and to the waters of Silver Eel Cove and Fisher's Island Sound as the same adjoins the premises described in Schedule "A". N. Any unpaid water charges or Sewer Rent charges. THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY r----~-.~..------. 716 REV. 5M 4/83 a..~<. ;0; iP .;:.' "V' \ .~ '\t I Policy No. T1284- 0072 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy WATERFRONT TRACT Being those three parcels of land on Silver Eel Cove, which total 4.52 acres of land and improvements, situated on Fishers Island, Town of Southold, County of Suffolk, State of New York, more particularly described as follows: Navy Cove Area BEGINNING at a 3/8- illCh.sq1lU'e<i;-onllpike driven in the macadam pavement a distance9ftwlillJty..eight lllJd five tenths ( 28.5') feet in a Northeasterly di~ec~~ f~ th.Northwest corner of the Artillery Engineer&StorehQUSfi\ liJuilcU,ng, and, One Hundred nineteen and no tenths (l1!l.~.}f"t in a Southerly direction from the West cornero! .t;!Ie. Firtlhol,$. Building, and Sixty-seven and three-tenths ( 67.3t) fee~itla..sterly direction from the South corner of the Fireh~l>~Uc!1n!l1 said iron spike marking the East- Central corner of theprQperty; from this point RUNNING South 39 degrees ~Q minutes West for a distance of Two Hundred sixty-one and four tenths ( 261.4') feet to a 3/8- inch iron rod set in the macadam pavement; THENCE RUNNING North 51 degrees 00 minutes West a distance of Eighty-two and fifty-five one- hundredths ( 82.55') feet to another 3/8 inch iron rod driven in the macadam pavement; THENCE RUNNING South 50 degrees 33 minutes West a distance of One hundred eight-two and seventy five one-hundredths ( 182.75') feet to a point; THENCE RUNNING North 49 degrees 51 minutes West a distance of Twenty-five and no tenths ( 25.00") feet to a point; THENCE RUNNING North 50 degrees 33 minutes East a distance of forty and no tenths ( 40.0') feet to a point; THENCE North 49 degrees 51 minutes West a distance of two hundred and no tenths ( 200.0' ) feet to a 3/8 - inch iron rod set in macadam; THENCE North 41 degrees 09 minutes East a distance of three Cent' d. . . . . . THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 REV. 5M 4/83 Policy No. T1284- 0072 Page 2 Cont'd.... SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy hundred seventeen and two-tenths (317.2') feet to a 3/8-inch iron rod set1 at the approximate high water mark of Fishers Island Sound1 THENCE Meandering along said high water mark on a course North 78 degrees 22 minutes 30 seconds East a calculated distance of one hundred ninety-one and seven one- hundredths (191.07') feet to a point1 THENCE RUNNING South 32 degrees 30 minutes East a distance of two hundred fourteen and no tenths ( 214.0') feet to a point or place of BEGINNING; all bearings referred to the magnetic meridian on April 15, 1953; containing 2.87 acres more or less. Coast Guard Warehou.. Atea BEGINNING at a 3/8- .inch squar~ iron spike driven in the macadam pavement a distance of ~~Y-EIGHT AND FIVE-TENTHS ( 28.5') FEET in a Northeaste~lf>direction from the North- west corner of the Artillery ~~ineer & Storehouse Building, and, ONE HUNDRED NINETEEN AND NO TENTHS ( 119.0') FEET in a Southerly direction from the West corner of the Firehouse Building, and, SIXTY-SEVEN and THREE-TENTHS ( 67.3) FEET in a Westerly direction from the South corner of the Firehouse Building1 said iron spike marking the Northeast corner of the property 1 from this point RUNNING South 51 degrees 00 minutes East, a distance ONE HUNDRED SEVENTEEN AND NINETY-ONE HUNDREDTHS ( 117.91') FEET TO a point, THENCE TURNING AND RUNNING South 60 degrees 00 minutes West for a distance of THIRTY-SEVEN AND SIXTY-TWO HUNDREDTHS ( 37.62') FEET to a 3/8- inch square deck spike driven in the macadam pavement of Tyler Lane; THENCE TURNING AND RUNNING South 55 degrees 30 minutes West for a distance of TWO HUNDRED THIRTY-SIX AND NO TENTHS (236.0') FEET to a 3/8-inch square deck spike driven in the macadam pavement 1 Cont'd.... . er THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY r-'----'~"---' 716 REV. 5M 4/83 Policy No. T1284- 0072 SCHEDULE "A" Page 3- Cont'd....... The premises in which the insured has the estate or interest covered by this policy THENCE TURNING AND RUNNING North 51 degrees 00 minutes West a distance of THIRTY-SEVEN AND FOUR-TENTHS ( 37.4') FEET to a 3/8-inch iron rod, 4 feet long, driven in the macadam pavement; THENCE TURNING AND RUNNING North 39 degrees 00 minutes, East a distance of TWO HUNDRED SIXTY-ONE AND FOUR-TENTHS (261.4') FEET, Paralleling the West side of the building known as "Artillery Engineer & Storehouse Building", to the point of BEGINNING; consisting of approximately FORTY-FIVE ONE-HUNDREDTHS ( 0.45) ACRES; ALL bearings referred to the magnetic meridian on 15th and 16th of April 1952. Coast Guard Stati9n~. BEGINNING at a po~nt.On. ..@,e ~rt;harly side of Tyler Lane; said point being North iO 4e~~4!t.e$O"() minutes East a distance of 37.62 from a 3/8 incb~are iron spike driven into the macadam pavement; RUNNING THENCE thetollowinQ cOtl.1:8es and distances North 51 degrees 00 minutes ~est a distance of 117.91 feet to a 3/8 inch square iron spike; THENCE North 32 degrees 30 minutes West a distance of 214.0 feet more or less to the mean low water line of Fishers Island Sound; THENCE Meandering along the mean low water line in a north- easterly direction a distance of 320 feet more or less to a 3/8 inch iron spike on the southerly side of the stone jetty; THENCE North 50 degrees 00 minutes East a distance of 30.0 feet to a 3/8 inch spike in the large boulder at the entrance of Silver Eel Cove Harbor; THENCE along the southerly entrance of Silver Eel Cove Jetty and the large boulder wharf line South 40 degrees 00 minutes East a distance of 148.5 feet to a point; Cont'd..... THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY r 716 REV. 5M 4/83 Policy No. T1284- 0072 Page 4- Cont'd..... SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy THENCE South 60 degrees 00 minutes West a distance of 203.0 feet to a stake 1 THENCE South 30 degrees 00 minutes East a distance of 50.0 feet to a point1 THENCE South 60 degrees 00 minutes West a distance of 12.0 feet to a point1 THENCE South 30 degrees 00 minutes East distance of 118.0 feet to a point on the northerly side of Tyler Lane1 THENCE South 60 degrees 00 minutes ~st a distance of 90.0 feet to the point or place of8EGI~tNG. Containing in all 1. 2 acres more or less. All beIU:1ng and coordinates are referred to the Magnetic Meridian on the 15-16 April 1952 . Excepting and Reserving to the <;overnment, an easement to establish, use and maintain URdergr~d ~ephone and utility lines within the limits of a twenty.five foot wide easement more particularly described as follows: BEGINNING at a point on the southeasterly side of the property line1 said point being North 6 degrees 00 minutes East a distance of 14.0 feet from a stake on the northeasterly corner of the U.S. Coast Guard station property to be retained1 RUNNING THENCE the following courses and distances: North 30 degrees 00 minutes West a distance of 19.0 feet to a point1 THENCE North 80 degrees 00 minutes West a distance of 58 feet to a point1 THENCE North 30 degrees 00 minutes West a distance of 85 feet more or less to the mean low water line of Fishers Island Sound1 THENCE meandering easterly along said mean low water line 26.0 feet more or less to a point1 said point being on a line 25' perpendicular and parallel to the aforementioned northwest line1 cant'd..... THE TITLE GUARANTEE COMPANY and nCOR TITLE INSURANCE COMPANY r 716 REV. 5M 4/83 Policy No. T1284- 0072 Page 5- Cont'd..... The premises in which the insured has the estate or interest covered by this policy SCHEDULE "A" THENCE South 30 degrees 00 minutes East a distance of 57 feet more or less to a point; said point being South 34 degrees 00 minutes East a distance of 78.0 feet from a stake located in the northwest corner of the u.S. Coast Guard Station property to be retained and North a distance of 48 feet from the northeast corner of the existing Station Building; THENCE North 47 degrees 00 minutes East 193.0 feet to a point on the large boulder wharf at the entrance of Silver Eel Cove Harbor; THENCE South 40 degrees GO minutes East a distance of 25.03 feet to a point; THENCE South 47 degr~s 00 minutes West 183.0 feet to a point; THENCE South 80 deqr.es 00 minutes East 39.0 feet to a point; THENCE South 30 de9'rees OO'East 30.0 feet to a point on the southeasterly property line; THENCE along said property line SOuth 60 degrees 00 minutes West a distance of 25.0 t~t to the point or place of BEGINNING. ALL bearing and coordinate are referred to the Magnetic Meridian on the 15- 16 April 1952. er THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY t 716 REV. 5M 4/83 Policy No. T1284- 0072 SCHEDULE "A" Page 6 The premises in which the insured has the estate or interest covered by this policy HOUSING TRACT Being two parcels of land, which total 1.463 acres of land and improvements, situated on Fishers Island, Town of Southold, County of Suffolk, State of New York, more particularly described as follows: Housing Area BEGINNING at a concretemonumento~ the Southerly line Equestrian Avenue, sa.ta.mon~ntbei~ located 614.43 feet North of a point which is 412.1. 52f...t West of another monument marking the U.S. COast and Geodetic survey Triangulation Station "PROS" ana, THENCE RUNNING South 66 aegrees 42 .inutes West 231.0 feet to an iron; THENCE South 22 degrees 47 minutes ~ast 200.0 feet to an iron; THENCE North 67 degrees 13 minutes East 264.55 feet to a drill hole in the sidewalk; THENCE North 43 degrees 26 minutes East 60.12 feet to a drill hole in said walk; THENCE North 28 degrees 19 minutes East 97.39 feet to the Southeasterly line of said Equestrian Avenue; THENCE along said Avenue line South 79 degrees 28 minutes 15 seconds West 103.45 to a monument; THENCE along the southwesterly line of said Avenue North 56 degrees 10 minutes 50 seconds West 113.17 feet to the point of BEGINNING. Containing 1.39 acres, more or less. Cont.d.... THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 REV. oM 4/83 Policy No. Tl284- 0072 Page 7- Cont'd... The premises in which the insured has the estate or interest covered by this policy SCHEDULE "A" Easement and Right of Way ALL that tract or parcel of land situated in the Town of Southo1d, Fishers Island, County of Suffolk, State of New York, being 16 feet in width over the existing roadway which is parallel to Whistler Avenue, the southern line of said easement and right of way being a distance of 100'- 7" from the iron post on the eastern Whistler Avenue boundary. Containing 0.073 acres, more or less. The Purchaser understands that the Waterfront Tract and Housing Tract are located within ai~ ~tiga1 air miles of the Elizabeth Airport and that th$~Dveya~~ dOgQment will contain a provision requiring the pur...r. ita "!!ligna and successors, to comply with the Regu1ati~. settcOrthin!'AA Advisory Circular 70/7460- 2G entitled "propoaEldCOnat.ruct;iQn or Alteration of Objects that May Affect the Nav~gable Air Space ~ er THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY r-- CONomoNS CON11Nt1ED FRO" INSIDE FRONT COVER 8eedOD 8 COINSURANCE AND APPORTIONMENT (a) In the ~vent that a partial 1011 occurs after th~ insured makes an impro~ment subsequent to the date of this: policy, and only in that event, the insured becomes a coinsurer to the extent hereinafter set forth. If the cost of the improvement exceed! twenty per centum of the amount of this policy, such proportion only of any partial loss estab- mhed shall ~ borne by the company as one hundred twenty per centum of the amount of tbis policy bears to the sum of the amount of this policy and the amount expended for the improvement. The fore- going provisions shall not apply to costs and attorneys' fen incurred by the company in prosecuting or providing for the ddense of actions or proceedings in behalf of th(' insuredJ'unuant to the terms of this policy or to cost! imposed on the insur<: in _such actions or proc<:ed- iogs, and shall apply only to that portion of 1000000S which <:xceed in the aggregate t<:n JXr c<:nt of th<: face of th<: policy. Provided, however, that the foregoing coinsurance provisions shall not apply to any loss arising out of a lien or incumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premi~, as so improved, does not exceed one hundred twenty per centum of the amount of this policy. (b) If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels, exclusive of improvements made subsequent (0 the date of this policy. (c) Clawes "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acquir<:d th<: interest of the mortgagor. (d) If, at the time liability for any loss shall have been fixed pur. mant to the conditions of this pllicy, the insured holds another policy of insurance covering the same loss issued by another company, this company shall not be liable to the insured for a greater propOrtion of the loss than the amount that this policy bean to the whole amount of iDlurance held by the insured, unless another method of apportioning the loss shall have been provided by agreement betwttn this company and the other insurer or insuren. member companies' for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other instru- ment of transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. 8eedOD 8 SUBROGATION (a) This company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so trans- ferred shall be subordinate to any remaining interest of the insured. (b) If the insured is a mortgagee, this company's right of subroga~ tion shall not prevent the insured from releasing the personal liability of the obligor or guarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modify. ing the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be incre~d by any such act of th<: insured. Section 9 MISREPRESENT A TION Any untrue statement made by the insured, With respect to any material fact, or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. Section 10 NO WAIVER OF CONDITIONS This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. 8eetlOD 11 POllCY ENTIRE CONTRACf All actions or proceedings against this company mwt be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms and conditions. 8eedOD 7 ASSIGNMENT OF POllCY 8eetiOD 12 VALIDATION AND MODIFICATION I( the interest insured by this pllicy is that of a mortgagee, this policy may be assigned to and shall inure to the benefit of successive assignees of the mortgage without consent of this company or its en. donement of this policy. Provision ia made in the rate manual of New York Board of Title Underwriten filed with the Superintendent of Insurance of the State of New York on behalf of this and other This policy is valid only when duly signed by a validatiRg officer 01' agent. 9hanges may be effected only by written endorsement. If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall abo cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and lewer rents. ENDORSEMENTS r--.___.._m_...- ~ CONDITIONS 0. TRIS POLICY; ) Section 1 DEFINITIONS (a) WhereYtt the term uinsured" ia used in this policy it includes thOle who succeed to the interest of the insured by operation of law including, without limitation, hem, diltributees, deviJees, survivors, penonal repraentatives, next of kin or corporate successors, as the case may be, and those to whom the insured has aaigned this policy where such assignment iJ permitted by the terms hereof, and whenever the term "insured" is used in the conditions of this policy it also includes the attorneys and agents of the "insured." (b) Wherever the term "this company" is used in this policy it means The Title Guarantee Company and Tieor Title Insurance Company. (c) Wherever the term "final determination" or "finally deter- mined" is used in this policy, it means the final determination of a COurt of competent jurisdiction after disposition of all appeals or after the time to appeal has expired. (d) \4,rherever the term "the premises" is used in this policy, it means the property insured herein as described in Schedule A of this policy including such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which property insured herein lies. Section 2 DEFENSE AND PROSECUTION OF SUITS (a) This company will, at its own cost, defend the insured in aU actions or proceedings founded on a claim of tide or incumbrance not excepted in this policy. (b) This company shall have the right and may, at its own cost, maintain or ddend any action or prOtteding relating to the title or interest hereby insured, or upon or under any covenant or Contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all cases where this policy requires or permits this company to prosecute or defend, the insured shall secure to it th~ right and opportunity to maintain or ddend the action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to use therein, at its option, its own name or the name of the insured. (d) The provisions of this section shall survive payment by this company of any specific 10Sll or payment of the entire amount of this policy to the extent that this company shaJJ deem it necessary in recovering the loss from those who may be liable therefor to the insured or to this company. Section 3 CASES WHERE UABIUTY ARISES No claim for damages shall arise or be maintainable under this policy except in the following cases: (a) Where there has been a final determination under which the insured may be dispossc!ssed, evicted or ejected from the premises or from some part or undivided share or interest therein. (b) Where there has been a final determination adverse to the title, upon a lien or incumbrance not excepted in this policy. (c) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest, or whae the insured estate has ~n sold for the benefit of the insured pursuant to the judgment or order of a court and the title ha! been rejected because of a defect or incumbrance not exceptt"d in this policy and there has been a final determination sustaining the objection to the title. (d) Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior lien or incumbrance not excepted in this policy; or where a recording officer has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final deter- mination sustaining the refusal because of a defect in the title to the said mortgage. (e) Where the insured shall have negotiated a loan to be made on the i!fecurity of a mortgage on the insured's estate or interest in the premises and the title shall ha~ been rejected by the proposed lender < and it shall have been finally determined that the rejection of the tide was justified becauae of a defect or incumbrance not excepted in this policy. (f) When: the insun:d .hall have transferred lhe title insured by an instrument containing covenants in regard to title or warranty thereof and there shall have been a final determination on any of such cove- nants or warranty, against the insured, because of a defect or incum. brance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that the insured is not entitled to a full award for the estate or interest taken because of a defect or incumbrance not excepted in this policy. No claim for damages shall arise or be maintainable under this policy (l) if this company, after having received notice of an alleged defect or incumbrance, removes such defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. 'ilection 4 NOTICE OF CLAIM In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the insured of any claim adverse to the title insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process or pleading in any action or proceeding, the object or effect of which thall or m..ay be to impugn, attack or call in question the validity of the title hereby insured, the insured shall promptly notily this company thereof in writing at its main office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in the future prejudice this company. Section II PAYMENT OF LOSS (a) This company will pay, in addition to the loss, all statutory costs and allowances imposed on the insured in litigation carried on by this company for the insured under the terms of this policy. This company shall not be liable for and will not pay the fees of any counselor attorney employed by the insured. (b) In every case where claim is made for 10Sll or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may involve liability under this pollcy; or (2) may termi- nate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, demand a valua- tion of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by this company, and the two thus chosen selecting an umpire. Such valua- tion, less the amount of any incumbrances on said insured estate and interest not hereby insured against, shall be the extent of this com- pany's liability for such claim and no right of action shall accrue hereunder for the reco~ry thereof until thirty days after notice of such valuation shall have been served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to this company or its designee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest. (c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary interest of such colJateral holder in the premises. (d) AU payments made by this company under this policy shall reduce the amount hereof pro tanto except (1) payment!! made for counsel fees and disbursements in defending or prosecuting actions or proceedings in behalf or the insured and for statutory cost!! and allow- ances imposed on the insured in such actions and proceedings, and (2) if the insured is a mortgagee, payment!! made to satisfy or subordi. nate prior liens or incumbrances not set forth in Schedule B. (e) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage lhall be payable within thirty day! thereafter. CONDITIONS CONTINUED ON INSIDE BACK COVER t - OFFICES of THE TITLE GUARANTEE COMPANY County NEW YORK Head Office: 120 Broadway New York, NY. 10271 Tel. (212) 964-1000 ALBANY 102 State Street Albany NY. 12207 Tel. (518) 465-2282 BRONX 1819 Williamsbridge Road Bronx, N.Y. 10461 Tel. (212) 829-3000 ERIE 110 Franklin Street Buffalo, N.Y. 14202 Tel. (716) 854-2982 KINGS 345 Adams Street Brooklyn, N.Y. 11201 Tel. (212) 964-1000 MONROE 19 West Main Street Rochester, N.Y. 14614 Tel. (716) 546-6350 NASSAU 1581 Franklin Avenue Mineola, NY. 11501 Tel. (516) 746-1234 NEW YORK 6 East 45th Street (Midtown) New York, N.Y. 10017 Tel. (212) 964-1000 NIAGARA 122 Niagara Street Box L Lockport, N.Y. 14094 Tel. (716) 434-2825 County ONONDAGA Carrier Tower MONY Plaza Syracuse, N.Y. 13202 Tel. (315) 474-1273 ORANGE 252 Main Street Box 610 Goshen, N.Y. 10924 Tel. (914) 294-6101 OSWEGO 108 East Bridge Street Oswego, N.Y. 13126 Tel.: (315) 342-2184 QUEENS 112-41 Queens Boulevard Forest Hills, N.Y. 11375 Tel. (212) 520-2600 RICHMOND 56 Bay Street Staten Island, N.Y. 10301 Tel. (212) 447-4500 ROCKLAND 24 South Main Street New City, NY. 10956 Tel. (914) 634-1070 SUFFOLK 400 West Main Street Riverhead, N.Y. 11901 Tel. (516) 727-2300 WAYNE 66 William Street Lyons, NY. 14489 Tel. (315) 946-4363 WESTCHESTER Box 1252 White Plains, N,Y. 10602 Tel. (914) 946-7600 TITLE INSURANCE THROUGHOUT THE STATE OF NEW YORK. NATIONAL REFERRAL SERVICE AVAILABLE THROUGH TICOR TITLE INSURANCE COMPANY 120 BROADWAY, NEW YORK, N.Y. 10271 (212) 964-1000 . '. S896* ENDORSEMENT TO BE ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE NO. T1284-0072/TOWN OF SOUTHOLD Please be advised that the above numbered Fee policy has been amended as follows: 1. omit Exceptions G & H 2. Add Exceptions 0, P, Q & R (see attached) 3. Amended description (see attached) Dated: 4/30/84 PIONEER NATIONAL TITLE INSURANCE COMPANY ~~2"""'\\\'\ " l' ';;, \[1, '",,/fl/ . 1 THE TITLE GUARANTEE COMPANY Secretary Validating or Agent . Attest. . B By. PreJident J '" 715_nEV. U~M 10/83 .' Policy No. T1284-00n SCHEDULE "B" (continued) o. 1. 2 structures and shed 2. cable to lighthouse in northerly portion 3. poles and utility lines in easterly and southerly portions of premises 4. fence traversing central portion of premises being easterly of part of westerly record lines 5. road and gravel drive traversing southerly portion of premises in and easterly and westerly direction All as to Parcel II shown on survey by Chandler, Palmer & King dated 12/15/83 and subject to any changes since that date. P. Rights of utility those poles and wires shown on herein. Q. Easements rights and gravel drive shown on survey as to R. Rights of others of that cable to Lighthouse shown II herein. ab THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 .REV. 1~..5M 7/83 ~ Policy No. T1284-0072 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy Parcel II ALL that certain plot, piece or parcel of land with the buildings thereon, located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point which is located 219.25 feet North of a point which is 6140.83 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation station "PROS" and RUNNING THENCE North 42 degrees 29 minutes 00 seconds West 120.50 feet; ,<,;'.c '.> 31. minut$.$ " THENCE North 47 degrees 00 THENCE North 42 degreeS :?9: minutes 00 aee~nQs East 12.00 feet; ....... ,'. , se~n4s West 47.13 feet; THENCE North 47 degrees Mmfnutes O~.see<mds East 176 feet more or less to the shore of Silver Eel C(;!V'e1 THENCE Northwesterly 367 fe~tmore or le$& along said shoreline and East side of the jetty to Long Island Sound; THENCE Southeasterly 198 feet more or less along the jetty to the shore of Long Island Sound; THENCE westerly 503 feet more or less along said shore line to land of John A. Gada; THENCE South 28 degrees 46 minutes 00 seconds West along the last mentioned land 342.20 feet more or less to a drill hole and land now or formerly of Mario and Ronald Zanghetti; THENCE South 62 degrees 14 minutes 00 seconds East along the last mentioned land 200.00 feet to an iron pin; THENCE South 38 degrees 10 minutes 00 seconds West, still along last mentioned land 40.00 feet; THENCE South 62 degrees 14 minutes 00 seconds East, still along last mentioned land 25.00 feet to a spike and land now or formerly of Caroline C. Cleveland; continued. . . .. THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 REV. 1_~.5M 7/83 '. ' , , . - Policy No. T1284-00n SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy THENCE North 38 degrees 10 minutes 00 seconds East along last mentioned land 182.7 feet; THENCE South 63 degrees 31 minutes 00 seconds East still along last mentioned land 119.95 feet to a spike and Right of Way; THENCE North 42 degrees 59 minutes 00 seconds East along said right of way 235.78 feet to a bolt; THENCE North 47 degrees 31 minutes 00 seconds East. still along said Right of Way 126.29 feet to the point of BEGINNING. SUBJECT to the rights of ~tA~$ utilities and roads which'pr6:ss .- -. 1;,Q,~~~~tain and repair .:t;Q.e"~:bo\l'\li~scribed tract. all RUNNING THENCE the following courses and distances: 1. North 30 degrees 00 minutes West a distance of 19.0 feet to a point THENCE North 80 degrees 00 minutes West a distance of 58 feet to a point; THENCE North 30 degrees 00 minutes West a distance of 85 feet more or less to the mean low water line of Fishers Island Sound; THENCE meandering easterly along said mean low water line 26.0 feet more or less to a point; said point being on a line 25 feet perpendicular and parallel to the aforementioned northwest line; continued. . . . THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 !EV. ~;,5M 7/83 . , . . Policy No. T1284-0072 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy THENCE South 30 degrees 00 minutes East a distance of 57 feet more or less to a point; said point being South 34 degrees 00 minutes East a distance of 78.0 feet from a stake located in the north- west corner of the U.S. Coast Guard Station property to be retained and north a distance of 48 feet from the northeast corner of the existing station Building; THENCE North 47 degrees 00 minutes East 193.0 feet to a point on the large boulder wharf at the entrance of Silver Eel Cove Harbor; THENCE South 40 degrees 00 m~nutes E~st a distance of 25.03 feet to a point; THENCE South 47 degreeg()()m~\tteg West 1B3'.0 feet to a point; THENCE South 80 degree$ (}Onti.nutes~t~'9.0 feet to a point; THENCE South 30 degreesOtFIlIinutes .Ell.llt 30.0 feet to a point on the southeasterly propel:'tY..1.3.net THENCE along said prope~ty line' .South {jOdegrees 00 minutes West a distance of 25.0 feet to the point Or place of BEGINNING. ab THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 704'RE;"; 5M"O/!3=} , Name of Insured Policy No. T1284-0072 TOWN OF SOUTHOLD Amount of Insurance $ 695,000.00 Date of Issue 4/6/84 The estate or interest insured by this policy is fee simple vested in the insured by means of By deed from United State of America, acting by and through the Administrator of General Services, to the INSURED, dated 4/6/84, recorded 4/23/84 in Liber 9549 cp 228. SCHEDULE "S" The following estates, interests, defects, Objections to title, liens and Incumbrances and other matters are excepted from the coverage of this policy: 1. Defects and incumbrances arising or becoming alien alter the date of this policy, except as herein provided. 2. Consequences of the exercise and enforcemen(or attempted enforcement of any governmental, war or police powers over the premises. 3. Any laws, regulations or ordinances (including; butnot limited to zoning, building, and environmental protection) as to use, occu- pancy, subdivision or improvement of the premiaes adopted or imposed by any governmental body, or the effect of any noncom- pliance with or any violation thereof. 4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the insured. 5. Title to any property beyond the lines of the premises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. A. Covenants and Restrictions in Liber 4615 cp 283. B. 1. 2 Structures, 2 garages, 1 playhouse, building, Right of Way traversing center of premises east and west. 2. Fenced in area well within record lines with underground telephone cables and manhole within. 3. Numerous poles and overhead utility lines on described premises. 4. Sidewalk within southwesterly portion of premises. 5. Sewer Lines from Whistler Avenue to structure. 6. Pavement and fences within northeasterly portion of premises. As shown on survey by Richard H. Strouse, dated 6/14/83 and sUbject to any changes since that date. (affects Housing Tract). C. Any state of facts a personal inspection of the premises may disclose (affects Housing Tract). SCHEDULE "B" OF THIS POLICY CONSISTS OF I '- I SHEET(S). THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ""'-~:-'--"i'-'.-- .-._._~-~_..- 715 REV. 75M 10/83 " , . Policy No, T1284-0072 SCHEDULE "B" (continued) D. Rights of others in, to and over the Right of Way shown on the above survey. E. Rights of the Fishers Island Telephone Company to use and maintain the existing building in the northeasterly portion of premises and to use and maintain the existing underground or overhead cables as shown on the above survey. F. Rights of others to use and maintain the poles, utility lines and sewer lines as shown on the above survey. G. Any state of facts an accurate survey may show, (affects Water Front Tract). H. The description contained in Schedule NAn is not insured without a survey to be made and S1]l:lll!:t:l:.~.~t" company, (affects Water Front Tract) . I. ~~f:~~~e w~~;;a~~:~=t:linllP"ion of the No title is insurel! to arty l~Ji\~lYlng ltelow the high water mark of S:f.lver'Bel:~Y. iI!U'Id Fisher's premeses may disclose J. present or former Island Sound. K. Rights of the People of Mew York tatbose portions of premises now or formerly under \:be va...,... ofSl1ftr Eel Cove and Fisher's Island Sound. L. Rights of the Federal Government to enter upon and take possession without compensation of lands now or formerly lying below the high water mark of Silver Eel Cove and Fisher's Island Sound. M. Riparian rights of others than the insured in and to the waters of Silver Eel Cove and Fisher's Island Sound as the same adjoins the premises described in Schedule "An. N. Any unpaid water charges or Sewer Rent charges. THE TiTlE GUARANTEE COMPANY and TICOR TiTlE INSURANCE COMPANY ,.' .~ L.' ~ 716 REV. 5M .!l-/83 Policy No. T1284- 0072 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy WATERFRONT TRACT Being those three parcels of land on Silver Eel Cove, which total 4.52 acres of land and improvements, situated on Fishers Island, Town of Southold, County of Suffolk, State of New York, more particularly described as follows: Navy Cove Area BEGINNING at a 3/8- inqpsqu/:l.t:'eiron sJi>ike driven in the macadam pavement a distanceqf twenty~.ight aRd five tenths ( 28.5') feet in a Northeasterly 4irect!&n from ~e ~orthwest corner of the Artillery Engineer &S'torehouseBuilding, and, One Hundred nineteen and no tenths ( 1.:1.9. (} ') . feet:l.n a Southerly direction from the West corner oft~ Fl~use $uilding, and Sixty-seven and three-tenths ( 67.3'} feet in aW'esterly direction from the South corner of the F:l.reho~sebUildiftgJ said iron spike marking the East- Central corner of the pro.perty~ from this point RUNNING South 39 degrees 00 minutes West for a distance of Two Hundred sixty-one and four tenths ( 261.4') feet to a 3/8- inch iron rod set in the macadam pavement~ THENCE RUNNING North 51 degrees 00 minutes West a distance of Eighty-two and fifty-five one- hundredths ( 82.55') feet to another 3/8 inch iron rod driven in the macadam pavement; THENCE RUNNING South 50 degrees 33 minutes West a distance of One hundred eight-two and seventy five one-hundredths ( 182.75') feet to a point; THENCE RUNNING North 49 degrees 51 minutes West a distance of ~qenty-five and no tenths ( 25.00") feet to a point; THENCE RUNNING North 50 degrees 33 minutes East a distance of forty and no tenths ( 40.0') feet to a point; THENCE North 49 degrees 51 minutes West a distance of two hundred and no tenths ( 200.0' ) feet to a 3/8 - inch iron rod set in macadam; THENCE North 41 degrees 09 minutes Bast a distance of three Cant'd...... THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 F=lEV. 5M 4/83 .' Tl284- 0072 Policy No, Page 2 Cont.d.... SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy hundred seventeen and two-tenths (317.2') feet to a 3/8-inch iron rod set: at the approximate high water mark of Fishers Island Sound: THENCE Meandering along said high water mark on a course North 78 degrees 22 minutes 30 seconds East a calculated distance of one hundred ninety-one and seven one- hundredths (191.07') feet to a point: THENCE RUNNING South 32 degrees 30 minutes East a distance of two hundred fourteen and no tenths ( 214.0') feet to a point or place of BEGINNING; all bearings referred to the magnetic meridian on April 15, 1~53; ~ntaining 2.87 acres more or less. Coast Guard Warehou$e Area BEGINNING at a 3/8- inch sq~are iron spike driven in the macadam pavement a 4istanceof~l'-EIGHT AND FIVE-TENTHS ( 28.5') FEET in a NO~8te~lY direction from the North- west corner of the Artillery Enqineer & Storehouse Building, and, ONE HUNDRED NINETEEN AND NO TENTHS ( 119.0') FEET in a Southerly direction from the West corner of the Firehouse Building, and, SIXTY-SEVEN and THREE-TENTHS ( 67.3) FEET in a Westerly direction from the South corner of the Firehouse Building: said iron spike marking the Northeast corner of the property: from this point RUNNING South 51 degrees 00 minutes East, a distance ONE HUNDRED SEVENTEEN AND NINETY-ONE HUNDREDTHS ( 117.91') FEET TO a point, THENCE TURNING AND RUNNING South 60 degrees 00 minutes West for a distance of THIRTY-SEVEN AND SIXTY-TWO HUNDREDTHS ( 37.62') FEET to a 3/8- inch square deck spike driven in the macadam pavement of Tyler Lane: THENCE TURNING AND RUNNING South 55 degrees 30 minutes West for a distance of TWO HUNDRED THIRTY-SIX AND NO TENTHS (236.0') FEET to a 3/8-inch square deck spike driven in the macadam pavement: Cont.d..... er THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY '~'-,~---'---"'-- -,.-.- 716 REV 5M-4/83 . Policy No. T1284- 0072 SCHEDULE "A" Page 3- Cont'd....... The premises in which the insured has the estate or interest covered by this policy THENCE TUR~ING AND RUNNING North 51 degrees 00 minutes West a distance of THIRTY-SEVEN AND Form-TENTHS ( 37.4') FEET to a 3/S-inch iron rod, 4 feet long, driven in the macadam pavement; THENCE TUm.ING ~~D RUNNING North 39 degrees 00 minutes, East a distance of TWO HUNDRED SIXTY-ONE AND FOUR-TENTHS (261.4') FEET, Paralleling the West side of the building known as "Artillery Engineer & Storehouse Building", to the point of BEGINNING; consisting of approximately FORTY-FIVE ONE-HUNDREDTHS ( 0.45) ACRES; ALL bearings referred to the magnetic meridian on 15th and 16th of April 1952. Coast Guard Station Area BEGINNING at a point on thel!i:!rtherlY.$ide of Tyler Lane; said point being North60de~& OQ minutes East a distance of 37.62 from a 3/8 inch squ.r. iron spike driven into the macadam pavement; RUNNING THENCE the fOllowing Courses and distances ~orth 51 degrees 00 minutl'!s ~ofest a distance of 117.91 feet to a 3/8 inch square iron spike; THENCE North 32 degrees 30 minutes West a distance of 214.0 feet more or less to the mean low water line of Fishers Island Sound; THENCE Meandering along the mean low water line in a north- easterly direction a distance of 320 feet more or less to a 3/8 inch iron spike on the southerly side of the stone jetty; THENCE North 50 degrees 00 minutes East a distance of 30.0 feet to a 3/8 inch spike in the large boulder at the entrance of Silver Eel Cove Harbor; THENCE along the southerly entrance of Silver Eel Cove Jetty and the large boulder wharf line South 40 degrees 00 minutes East a distance of 148.5 feet to a point; Cant' d. . . . . THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY -------.-- ~--- ,..".,.."~...,~, 716 ~EV. 5M 4/83 . Policy No. T1284- 0072 Page 4- Cont.d..... SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy THENCE South 60 degrees 00 minutes West a distance of 203.0 feet to a stake; THENCE South 30 degrees 00 minutes Bast a distance of 50.0 feet to a point; THENCE South 60 degrees 00 minutes West a distance of 12.0 feet to a point; THENCE South 30 degrees 00 minutes East distance of 118.0 feet to a point on the northerly side of Tyler Lane; THENCE South 60 degree~OO m1~~tes ~es~ a distance of 90.0 feet to the point or place Qfc9~G~NWING. Containing in all 1.2 acres more or lEtss. JUt !:l"rinlJ and coordinates are referred to the Magnetic Meridian on tbe 15-16 April 1952 . Excepting and Reserving to the Qove~t, an easement to establish, use and maintain unQ~rou.nd telephOne and utility lines within the limits of a twenty-five foot wide easement more particularly described as follows: BEGINNING at a point on the southeasterly side of the property line; said point being North 6 degrees 00 minutes East a distance of 14.0 feet from a stake on the northeasterly corner of the U.S. Coast Guard Station property to be retained; RUNNING THENCE the fOllowing courses and distances: North 30 degrees 00 minutes West a distance of 19.0 feet to a point; THENCE North 80 degrees 00 minutes West a distance of 58 feet to a point; THENCE North 30 degrees 00 minutes West a distance of 85 feet more or less to the mean low water line of Fishers Island Sound; THENCE meandering easterly along said mean low water line 26.0 feet more or less to a point; said point being on a line 25' perpendicular and parallel to the aforementioned northwest line; Cont'd..... THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 REV. 5Mo4/83 . ' . Policy No, T1284- 0072 Page 5- Cont'd..... The premises in which the insured has the estate or interest covered by this policy SCHEDULE "A" THENCE South 30 degrees 00 minutes East a distance of 57 feet more or less to a point: said point being South 34 degrees 00 minutes East a distance of 78.0 feet from a stake located in the northwest corner of the U.S. Coast Guard station property to be retained and North a distance of 48 feet from the northeast corner of the existing Station Building: THENCE North 47 degrees 00 minutes East 193.0 feet to a point on the large boulder wharf at the entrance of Silver Eel Cove Harbor: THENCE South 40 degrees 00 minutes East a distance of 25.03 feet to a point: THENCE South 47 degrees 00 minutes West 183.0 feet to a pointt THENCE South 80 degrees 00 minutes East 39.0 feet to a point: THENCE South 30 degrees OO'East 30.0 feet to a point on the southeasterly property line1 THENCE along said property line S<:>uth 60 degrees 00 minutes West a distance of 25.0 feet to the point or place of BEGINNING. .~L bearing and coordinate are referred to the Magnetic Meridian on the 15- 16 April 1952. er THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 REV. 5M'4/83 . " .' . Policy No. T1284- 0072 SCHEDULE "A" Page 6 The premises in which the insured has the estate or interest covered by this policy HOUSING TRACT Being two parcels of land, which total 1.463 acres of land and improvements, situated on Fishers Island, Town of Southold, County of Suffolk, State of New York, more particularly described as follows: Housing Area BEGINNING at a concrete monl1l!lent on. the Southerly line Equestrian Avenue, saidmQn~t be1nq located 614.43 feet North of a point whioh is 4U1~52f;eet. West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station . PROS. and: THENCE RUNNING South 66 degrees 42 minutes 1'1est 231. 0 feet to an iron~ THENCE South 22 degrees 47 minutes East 200.0 feet to an iron~ THENCE North 67 degrees 13 minutes East 264.55 feet to a drill hole in the sidewalk; THENCE North 43 degrees 26 minutes East 60.12 feet to a drill hole in said walk~ THENCE North 28 degrees 19 minutes East 97.39 feet to the Southeasterly line of said Equestrian Avenue; THENCE along said Avenue line South 79 degrees 28 minutes 15 seconds West 103.45 to a monument; THENCE along the southwesterly line of said Avenue North 56 degrees 10 minutes 50 seconds West 113.17 feet to the point of BEGINNING. Containing 1.39 acres, more or less. Cont'd.... THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 ~E\Y_ 5M-4/83 -4 .. . . - . Policy No. T1284- 0072 Page 7- Cont'd... The premises in which the insured has the estate or interest covered by this policy SCHEDULE "A" Easement and Right of Way ALL that tract or parcel of land situated in the Town of Southold, Fishers Island, County of Suffolk, State of New York, being 16 feet in width over the existing roadway which is parallel to ~lliistler Avenue, the southern line of said easement and right of way being a distance of 100'- 7" from the iron cost on the eastern Whistler Avenue boundary. Containing 0.073 acres, more or less. The Purchaser understands that the Waterfront Tract and Housing Tract are located within six nautical air miles of the Elizabeth Airport and that the conveyance doc~ent will contain a provision requiring the Purchaser its AlIlsignsand successors, to comply with the Regulations set forth in rAA Advisory Circular 70/7460- 2G entitled n ProposedConstrl.1ction or Alteration of Objects that May Affect the Navigable AirSpace ~ er THE TITLE GUARANTEE COMPANY and TlCOR TITLE INSURANCE COMPANY . . 5896* ENDORSEMENT TO 8E ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE NO. T1284-0072/TO\\TN OF SOUTHOLD Please be advised that the above numbered Fee POlicy has been amended as follows: 1. umit Exceptions G & H 2. Add Exceptions 0, P, Q & R (see attached) 3. Amended description (see attached) Dated: 4/30/84 " PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY By. . P(~... PreJirleIJJ Secretary '~~.: residtl/( A"I".M~~.....:............. .... Secretary ~,al!1;;~~gODic~'... .~.~ Attest. . 715 REV. 7.!;M 10/83 . Policy No. '1'12 84-00 72 SCHEDULE "B" (continued) O. 1. 2 structures and shed 2. cable to lighthouse in nore1erly portion 3. poles and utility lines in easterly and southerly portions of premises 4. fence traversing central portion of premises being easterly of part of westerly record lines 5. road and gravel drive traversing southerly portion of premises in and easterly and westerly direction All as to Parcel II shown on survey by Chandler, Palmer & King dated 12/15/33 and subject to any changes since that date. P. Rights of utility and wires shO\~n on those poles herein. Q. Easements rights survey as to Parce and gravel drive shown on R. Rights of others IJighthouse shown of that cable to herein. ab THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716 REV. 1 ::::It.5M 7/83 . , . Policy No. T1284-0072 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy Parcel II ,1LL that certain plot, piece or parcel of land with the buildings thereon, located at Fishers Island, ~~wn of Southold, County of Suffolk and State of New York, being bounded and described as follmo[s: BEGINNING at a point which is located 219.25 feet North of a point which is 6140.33 feet West of a monument marking the United S'l:ates Coast and Geodetic Survey Triangulation Station "PROS" and RUNNING T!illNCE North 42 degrees 29 minutes 00 seconds West 120.50 feetj 'l'HENCE North 47 degrees 31 mi%lutu110 seconds East 12.00 feet; THENCE North 42 degrees 29 mi.n\tt\eslJO seconds Hest 47.13 feet; TfffiNCE ~~rth 47 degrees 09 mifiutes 0& seconds East 176 feet more or less to the shore of Silver Eel Cove; THENCE Northwesterly 367 feet more or less along said shoreline and East side of the jetty to Long Island sound; THENCE Southeasterly 198 feet more or less along the jetty to the shore of Long Island Sound; 'rHEHCE Nesterly 503 feet more or less along said shore linG to land of John A. Gada; 'I'HENCE South 28 degrees 46 minutes 00 seconds West along the last mentioned land 342.20 feet more or less to a drill hole and land now or formerly of Hario and Ronald Zanghetti; THENCE South 62 degrees 14 minutes 00 seconds East along the last mentioned land 200.00 feet to an iron pin; 'rnENCE South 38 degrees 10 minutes 00 seconds Hest, still along last mentioned land 40.00 feet; THENCE South 62 degrees 14 minutes 00 seconds East, still along last mentioned land 25.00 feet to a spike and land now or formerly of Caroline C. Cleveland1 continued. . . . . THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 716. RE.,V, 12.-5M 7/83 .0 . , , . Policy No. T1284-0072 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy 'flIENCE NorL~ 38 degrees 10 minutes 00 seconds East along last mentioned land 132.7 feet; THENCE South 63 degrees 31 minutes 00 seconds East still along last nentioned land 119.95 feet to a spike and Right of way; THElICE North 42 degrees 59 minutes 00 seconds East along said right of way 235.73 feet to a bolt; 'I'HENCE North 47 degrees 31 minutes 00 seconds East still along said Right of Hay 126.29 feet to the point of BEGINNING. SUBJECT to the rights of Qther$ to ~e, maintain and repair all utilities and roads which cross the above described tract. EXCEPTING and reserving to the Govla1mment, an easement to establish, use and maintain under~d telephone and utility lines within the limits of a tw~tY~flve fOQt wide easement more particularly described as folll)'fl's: BEGI1~IING at a point on the soutile&sterly Side of the property line; said point being North 60 deqrees 00 minutes East a distance of 14.0 feet from a stake on the northeasterly corner of the U.S. Coast Guard Station Property to be retained; RUNNING THENCE the following courses and distances: 1. North 30 degrees 00 minutes Hest a distance of 19.0 feet to a point 'I'HENCE North 30 degrees 00 minutes West a distance of 58 feet to a point; 'fUEliCE North 30 degrees 00 minutes t1est a distance of 85 feet more or less to the mean low water line of Fishers Island Sound; THENCE meandering easterly along said mean 1m. water line 26.0 feet more or less to a point; said point being on a line 25 feet perpendicular and parallel to the aforementioned north.,es.t line; continued. . . . THE TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 71~ REV. 1Z.5M 7/83 . . " . '. . . . Policy No. T128l1..0072 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy THENCE South 30 degrees 00 minutes East a distance of 57 feet more or less to a point; said point being South 34 degrees 00 minutes East a distance of 73.0 feet from a stake located in the nor~~- west corner of the U.S. Coast Guard Station property to be retained and north a distance of 48 feet from the northeast corner of the existing station Building; 'I'HEIICE North 47 degrees 00 minutes East 193.0 feet to a point on the large boulder wharf at the entrance of Silver Eel Cove Harbor; THl~llCE South 40 degrees 00 minutes East a distance of 25.03 feet to a point; '['HENCE Sou.th 47 degrees 00 minut.es Wellilt 183..0 feet to a point; 1'EENCE South GO degrees 00 minutes East 39.0 feet to a point; '['HEnCE South 30 degrees 00 minutes East 30.0 feet to a point on Ule southeasterly property line; THENCE along said property line SOuth 60 degrees 00 minutes West a distance of 25.0 feet to the point or place of BEGINNING. ab THE TITLE GUARANTEE COMPANY and T1COR TITLE INSURANCE COMPANY