The URL can be used to link to this page

Home My WebLink AboutJ&C Holdings, LP (Albacore Dr parcel) . 1000-57-1-43 Baseline Documentation Premises: 450 Albacore Drive Southold, New York . 0.48 acre Open Space Acquisition J & C HOLDINGS, LP to TOWN OF SOUTHOLD Deed dated August 24, 2006 Recorded August 31, 2006 Suffolk County Clerk - Liber D00012467, Page 169 . . SCTM #: 1000-57-1-43 Premises: 450 Albacore Drive Hamlet: South old Purchase Price: $5,000.00 (per contract) Funding: Open Space Capital Funds . CPF Project Plan: No Total Parcel Acreage: 0.48 acre Zoned: R-40 Existing Improvements: In August 2006 - No improvements; existing wetlands . . P R o P E R T y . V I S U A L S . '---- . . . ,- evislons ,,':17-01 01" ~-o 0-10-0 ,,~\ - ~, \ \ , \ ~ ~-j/">~' ,~ / '1 - L Proper" or III l.... E G E N o 5W',blon lot 110, 5o()~,IIIon~/IWQ.... 121) ~.- -e ~t..~"""or -r- s-M".lMl.,l..... ~ ,. [~it ~ ~..SHSEC.NO.053 -L- ~ Z ! .;.-",- 38.J 12.2Alcl 2006 Suffolk County Tax Map Book SHiOCfiOfl. 6>><."01' !.d>o~IlI.tr~t Un. frnOUfrlCtliflo 100or_',IL'", lIg'rtDlotrk;\~ Perl; tl>1r~t l"" s..orlll.lrk'-'", ,," 1I't<I""'. ~""I<' ll... "tusolblrktL'''' __R~_ ,..,orI<dOiolrk.l",,-Il$T-- ._.D1.t'k;lI...--~ '......terOl.tr',tlh .. ~,~.. o __f__ CWl1,l"" P,nolllo. 23 1<cH<lIllB'lOlon _lno 12.1Aldlor12.1.Il C_t,~lno 12.1"'1c) VIJ:o}oL"" IIfWM I Iho<. To,",U", " ( ISl-{>J'J( \.llLE$$ DAU" ~RE IITHIN ,,- ~, LICHT e~' lOI~\Il.IJfC!: OTI<[RII5 THE Fe " " .. . E N V I R o N M E N T A L . . I N S P E C T I o N . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 / BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 24, 2006 Melissa Spiro Department of Land Preservation Southold Town Hall Annex Southold, NY 11071 Re: SCTM# 57-1-43 J & C HOLDINGS 450 ALBACORE DRIVE, SOUTHOLD . Dear Ms. Spiro: The above referenced parcel was inspected on July 24, 2006, as per your request of July 19,2006. The parcel does not contain any visibly recognizable hazardous environmental conditions. The parcel is predominately fresh water wetlands, containing a red maple swamp, arrow wood, blueberry, jewelweed, and other fresh water wetland flora and fauna. The parcel is currently seasonally dry, but the condition of the soil and the trees indicate the presence of water in spring. The northwest corner contains some standing water, which may indicate runoff from the adjacent parcel. There is a disturbed area in the southeast part of the parcel where Arrowwood has been cut, and poison ivy has invaded the disturbed area. Along Albacore Drive there are a few piles of grass clippings and shrub clippings. Preserving the wetlands and the whole lot will benefit the area, and give a place for natural drainage to occur. Please contact this office if you have any further questions. Very Truly Yours, I~~ rD)lE ~ lE ~ ~ lErRI mlr JUl 24 2000 IW om Of LAND PRESERVATION . Heather Cusack Environmental Technician . p U B L I C . H E A R I N G . Town of Southold - Letter Board Meeting ofJuly 25, 2006 RESOLUTION 2006-626 Item # 10 ADOPTED DOC ID: 2030 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-626 WAS ADOPTED AT THE REGULAR MEETING 01<' THE SOUTHOLD TOWN BOARD ON JULY 25, 2006: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board ofthe Town of South old hereby sets Tuesdav. August 8. 2006. at 8:05 p.m., Southold Town Hall. 53095 Main Road, Southold. New York as the time and place for a public hearine: for the purchase of open space on property owned bv J & C Holdine:s LP (Hurtado). Said property is identified as SCTM #1000-57-1-43. The address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold in the R-40 zorLing district. The proposed acquisition is for fee title and is . approximately 0.48 acre (subject to survey). The property has been offered for sale to the Town of Southold as open space. The purchase price is $5,000.00 (five thousand dollars). The property will be acquired using Town open space funding. The seller may claim a bargain sale. The property should be preserved due to its significant wetlands. The purchase of the acquisition is for the preservation of open space to allow for the natural drainage pattern to continue in this area. As per Chapter 117 (Transfer of Development Rights) of the Code of the TO\\11 of Southold, Section 117-5. the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred frol11 this property. . . . . Town of Southold - Letter Board Meeting of July 25, 2006 FURTHER NOTICE is hereby given that a more detailed description ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New Yark, and may be examined by any interested person during business hours. ar~a~/". Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans LEGAL NOTICE NOTICE OF PUBLIC HEARING . NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) ofthe Town Code, the Town Board ofthe Town of Southold hereby sets Tuesdav. August 8. 2006. at 8:05 p.rn.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a pnblic hearing for the purchase of open space on properly owned bv J & C Holdings LP (Hurtado). Said property is identified as SCTM #1000-57-1-43. The address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey). The property has been offered for sale to the Town of Southold as open space. The purchase price is $5,000.00 (five thousand dollars). The property will be acquired using Town open space funding. The seller may elaim a bargain sale. The property should be preserved due to its significant wetlands. The purchase of the acquisition is for the preservation of open space to allow for the natural drainage pattern to continue in this area. . As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have detennincd that sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: JULY 25, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 3. 2006. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney . . SOUTHOLD TOWN BOARD PUBLIC HEARING August 8, 2006 8:05 PI\l . COUNCIUvlAI\ W1CKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Prcservation) of the Town Code, the Town Board of the Town of South old hercby sets Tuesday, AUl!.ust 8, 2006, at 8:05 p.m., Southold IS1WuHall, 53095 Main Road, Southold, New York as the time and place for a gl.Thlic h,:earinl!. for the uurchase of open space on uroperty owned by J & C Holdinl!.s L?ltur:.,-ti,lQQl. Said propcrty is identified as SCTM #1000-57-1-43. The address is 450 A lbacorc Drive, SClllthold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.48 acre (subjcct to survey). The property has been offered for sale to the Town of Southold as open space. The purchase price is $5,000.00 (fivc thousand dollars). The property will be acquired using Town open space funding. The seller may claim a bargain sale. Thc property should be preserved due to its significant wetlands. The purchase Df the ccc'.;uisiL:on is for the prcservation of open space to allow for the natural drainage pattern iO cOll:~nuc in this area. As per l'hapter 117 (Transfer orDevelopment Rights) orthe Code of the Town oj' Southolll. Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have dctermined that sanitary flow credits will not bc transferred from this propel1y. FURTHER NOTICE is hereby given that a Illore detailed description of the ab(we mcntioned parcel of lanel is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. r have a ecrtiJ1eation here that the Town Clerk has posted this on her bulktin board outside here. ft must have appeared as a legal in the ncwspapcr and T ha"T no further comlllunications on it. SUPERVISOR RUSSELL: Would anybody like to comment on this hearing') Melissa? . MELlSC3A SPIRO, LAND PRESERVAT10N COORDINATOR: Hi. Melissa Spiro, I,and Preservation Coordinator. This is an atyviea1 open spacc purchase in that it is a small parcel, really sun'Ollllded in a residential area. Not quite in our Pipes ('ol'e lacus area but it is on the outskirts or that. The l.and Preservation Committee reviewed the property and decided that it is worthy of preservation at the $5,(JOO signi ficantly below market value purchase price. There are drainage issues in this area and prescnation of the property will eliminate additional drainage prohlems that were likely to occur as a . result of construction of another residential dwelling. The Committee has an inl'Jrlnal policy of recommending purchase of small parcels when they are offered at a price significantly below market value, such as this one was. Due to the fact that adjacent parcels have received building permits, this parcel is not being viewed as an un-buildable parcel. The map in front is a 2004 aerial and if you look closely at it, you Ca!' see there are vacant lots around or at least shown on the map, there are vacant lots around this parcel but they have all since 2004 received building permits. Due to the "nvisiuned difficulties imohul in obtaining permits and the lilct that we are using bonded open space instead of ('olllmunity Preservation funding for this purchase, I am recommending that the Town Board not transl(;r sanitary flow credits li'om this property. The purchase of this propel1y contributes to density reduction in the Town and allows for the natural drainage pattern to continue in this arca. Both the Committee and I support the purchase ofthis propeI1y under our open space program. Thanks. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody elsc like to come up and address the Town Board on this acquisition') . COUNCILMAN KRUPSKI: I would just like to urge the Town Board, as a former Trustee I am familiar with this area, and just to echo what Melissa said, this would be an important acquisition for the Town as it is a difficult area as far as drainage in concerned and to allow this area to remain in its natural state is only going to help the community and the drainage pattems down there and the wetlands. So I would just like to urge the Town Board to approve this resolution. SUPERVISOR R1 TSSELl: Can I get a motion to elose the hearing~ * * * * * rDYr:L./.n-A 0 '0"/')& ~~{Neville Southold Town Clerk . . S E Q R A . R E S o L U T I o N . . . . 1.:"'II"""'ij)"~ . . '. ~ ~~ RESOLUTION 2006-682 ADOPTED DOC TO: 2071 TillS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-682 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 8, 2006: WlIEREAS, the Town Board of the Town of Southold wishes to purchase property ()\\ned by J & C Holdings LP (Hurtado) for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Code of the Town of Southold. Said property is identi flcd as SCTM II] 000-57-] -43. The address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of I\lain Road (Route 25) and Albacore Dlive in Southold in the R-40 zoning districl. The proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey); and WllEREAS, the property should be preserved due to its significant wetlands. The property is to be purchased for the purpose of the preservation of open space to allow for the natural drainage patlem to continue in this area; and WII EREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town 0 I' Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary now credits will not be transferred from this property; now, thcrefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 el. Seq.: and, be it further RESOLVED by the Town Board of the Town of South old that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it flIrt her RESOLVED by the Town Board ofthe Town of South old that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of South old hereby finds no signifIcant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. f7t~~o.~ Elizabcth A. Ncyillc South old TowlI Clcrk . Resolution 2006-682 Board Meeting of August 8, 2006 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas IT. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . . . . . , - 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 PL~;/SPONSOR:,~utho~d.TO":"_~~;~~.==_ ~T~;~~0i~~~~~:~',~~'r:~_~~~~~"~c__. 13. PROJECT LOCATION: , Hunlcipality' C " CUlIl)!.V: S l.> ~ F 0 L k . ...::::e\,)\""t;>l",v '~-'-'~''''~-~'''---~--'--.--.-~'~ ..._---_.._._---~--~---,--_._._.._._-,.- 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etef or provide map) ~'" --'QOO - S 7 - \ - L\3 '\50 A-\\of.oCo-('( ""\:)dN, $o...~~ ""I> 11.,,,,,,,.. Dr,oJ<.) "'N"o~, '2.0' .c.,,,,,, ;,.."'-....,"'-........ ('1'<<.,',.. 'lo ... A\to"", "\::";J-( -~-~..._----~_._----------_.._._-----~--- 5. IS PROPOSED ACTION: I':;i New [] Expa nsion n 1\1odific.ation ----~--....-...~.~~~.~...._~..~~~~..~.~._~.- 6. DESCRIBE PROJECT BRIEFLY: \"""" ~ ~"'<.f ~',u,..,I,.,.ay'o.o+ ey\-\-"(' O,~l\ ."e pQteJ I ___ __ __ _', __ ___ ___ _ _ __ r7. AMOUNT OF LAND AFFECTED: IfJrrALLY-----2~ _ ClOCS ULTIHATEL'r [) 1:L~ ,1'1(>, ~)i'WILL P;OPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS' I Yes NIJ If An, &!AJlhe fJ/,cfh I r9-'-'~~;~-IS-PRE~-~~T LAND USE IN VICINITY OF PROJEC~ 117 , r r- r r I I R,'C,Sidc'ntl<l1 COllllllCICiJI Illdu'_,lri,ll l'qr~((lltl:r(' r-dlk/!':I<"ti('l:,'r-, el"V': OIIl"1 Oescnbc: I I~--- ! 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OHlER GOVERNr.-1ENTAL I AGENCY (FEDERAL, STATE OR LOCAL)? Irs< r i_Yes _, No If y('s~ /i~s-t agcncy~) and f-J(~/rnit/i-!PP.'(!\d/S I \ Ov.::ry... S Ot.1t t.\' o..l?1"o>J...y j-' j 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERr.-1n OR APPROVAL7 I I r, Ye,"" no ! .] I I i I I I i if yes, list ,'-Jf~x,'n(Y(5) and JY-'nn.iC~71:';' -'-)L.'/ j , r ,.', ~_.._~-- . . -_....,,--- ! 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERf'.1IT/APPROVAL REQUIRE MODIFICATION? i r- r\l Yes tJ{ ;~"- i I CERTIFY THAT THE INFORMATION PROVIOED AROVE IS TRUE TO THE BEST OF f.1Y KNOWLEDGE Applic.JII(,ispUINiI rLlI'Tler0_~L1.5SA:_~\9e.\ _L41"c:...:\\(t'Q,L,C,,-~f'l_. _ 1\Ii,' Sig"atllr":_~_ If the action is in the Coastal Area, and you Me a state ugenCYI complete the Coastill Assessment Form bdo!I' proceeding with this assessment 8l/0{ - . . . PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 o Yesf']; No fryes coordinate the review process and use the full EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 o ~ Yes No If no; a negative declaration may be suspended by another involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solie! \\'aste I'mdudwfl 01 disposal, potential for erosion, drainage or flooding problem? Explain briefly: 'N~ C2. Aesthetic, agr1cultural, archaeological, historic or other natural or cultural resources; or- community or nei9hbcw!10od c!1ilfCldf'r: Explain br-iefly: "'co C3. Vegetation or fauna fishes shellfish, or \""ildlife species, significant habitats, or threatened or erldangered species? rxplain brieflv: ~u . C4. A communIty's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources( Explain briefly: Kl~ CS. Gr-owth, subsequent development, or related activities likely to be induced by the proposed action? Explain brien) /J. (6. Lonq term, short term, cumulative, or other effects not identified in Cl-C5? Explain briefly: rVa C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: _L~_.._.~_.~~~_ ~-'~_.~~-~"-.".-_----_.~~~~ O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? n f1> Yes fJo E. IS THERE, OR IS THERE lIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL Ir'1PACTS? n f5" y(~S N" I PART III- DETERf.fINATION OF SIGNIFICANCE (To be completed by Agency) INSrRUCnCmS: for cach ,"i(jv('r.<;(.. effl"ct identified above, dctcrrnilH: ,'.'!lether it is subst(mti;~I, la(~.w, Of otllel..,,'i(;c sig(lifk,lIll.. [;;:.Ii dic(1 .,1I(}II!,1 be assessed in CCHlf1p.ctioll with its (a) setting (Le, UdJdJ1 or rural); protJ<-itJility of occuninq; (c) dUfi"tiurl; (dO irrewrsibilit/; (e) q':i:''jI<:lIi11i ';((il'" I and (f) rnaljllitudc. If ncccs'-)dr), cldd altilchrnents or- rl'fclemp suppbr-Iing ll1all,ri('j{S. EnSU!0 that explallaliclIls Ci.'lltaifi :;ufjl'-:i':'llt dd~jil tn,'!id\",' I thilt all rele'.;ant adverse impilcts have been identified i-md adequately addressed. If qu('sljoll D of palt II was clll'ckecl Yi_"', H,,: d','kTfTlili,i\i'-'11 ,:1") i si9flificanu' lIlust evalua\e the potential impact of Ule pro~'oscd action on the environmental cllaracU:I-istics of the (LA '^---'~~'-"~",~^,,~_.~,"~~~~..._.~~-~^.~.-_---~,~_....~-~~--'"-~-~-"~~";'---'----'--,--- J-- Check this box if you haV(~ identified OIW or tl1on~ potentially large or significcHlt adverse Impacts, vvhich fll,T/ OCOII ll1<'1"I procecd din:ctly to the f-lJI I EfNIRONf'WI NAI ASSlSSHEfH rorH'1 and/or prepare a positiw dccbl-;;tiol1. Jx Check this bux ir you have determined, hosed on the inforrniltioll and analysis ,lbove ;;JIld i-][1Y sUllporlifl~J d(jCUII101l(,di:YI. thelt the ploposed <Jction WILL NOT result in JrlY significallt ad'''er-se environmcntrll illll"'d(t~ IdJD prcl\'ide Uti ;Jtt:vhr-II('lltc as Ilccc,;<:i-lry, the rcasoli"; ;;upp(Jllirl~ this dptcnninatiol1: 15 - - ---- -- - _S"y~~ ~.':,'-..,___ _~A" \) NiJllIP of ~AfJl~!ICY Lf'c:oc\ S<Li'f'f IJ-'-L" IZ.. __~PS~__()ffil~'1 SiQn(jlule of Plf-T'dll'(it cJirf('(I?n~,_' P()II;ihl,_, l\til<ul . p U R C H A S E . R E S o L U T I o N . / ,/ . RESOLUTION 2006-683 ADOPTED DOC ID: 2072 . . THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-683 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTIIOLD TOWN BOARD ON AUGUST 8, 2006: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the property owned by J & C Holdings LP (Hurtado) on this 8th day of August, 2006, pursuant to the provisions ofChaptcr 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM 111000-57-1-43 and 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold; and WHEREAS, the open space acquisition is for fee title of the entire approximately OA8 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value. The purchase price is $5,000.00 (live thousand dollars) plus acquisition costs. The property will be acquired using Town open space funding, The seller may claim a bargain sale; and WHEREAS, the subject property should be preserved due to its significant wetlands and le)r the purpose of preserving open space to allow je)r the natural drainage pattern to continue in this area; and WI I EREAS, the purchase of this property is in conformancc with the provisions of Chapter 185 (Opcn Spacc Preservation) of the Towll Code 0 C the Town of Southold; alld WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfl'ont Consistency Review) of the Town Code and the Local WaterCront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is cOllsistent with the LWRP; and WHEREAS, as per Chapter' 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Prcser\'ation Coordinator and thc Town Board have re\'iewed the acquisition and havc dctcnnincd that sanitary flow credits will not be transferred Ii'om this property; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and . . . Resolution 2006-683 Board Meeting of August 8, 2006 WHEREAS, the Town Board deems it in the best public interest that thc Town of Southold purchase fce title to the subject property for the purpose of the preservation of open space to allow for the natural drainage pattern to continue in this area; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the property owned by J & C Holdings LP (Hurtado) It)r the purpose of the preservation of opcn space to allow It)r the natural drainage pattern to continue in this area. Said property is identified as SCTM 111000-57-1-43. Thc address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet fi'om the intersection of !vlain Road (Route 25) and Albacore Drive in Southold in the R-40 zoning district. The proposed acquisition for ICe title is approximately 0.48 acre (subject to survey) and has been offered for sale to the Town of Southold below fair market value. The purchase price for this opcn space acquisition is 55,000.00 (five thousand dollars) plus acquisition costs. The seller may claim a bargain sale. Town funding for this purchase is in conformancc with the provisions of Chapter 185 (Open Space Preservation) of the Town Code ofthe Town of South old. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterlh)nt Revitalization Program (LWRP) and the L\V]~P Coordinator has determined that this action is consistent with the L WRP. As per Chapter 117 (Transfer of Development Rights) of the Code ofthe Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanital'y now credits will not be transferred fi'OJ]] this property. ~a{(u& ~:lizabeth A. Neyille South old TowlI Clerk RESUI,T: ADOPTED (UNANIMOUS] MOVER: Thomas II. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . . . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair ~- ~~ ~r SOU;,;:" .~.~\ + + ~.- ~...J., ~- ~.o' ~~COUN",~tl Q-<anJJ.P- MAILING ADDRESS: P.O. Box I179 Soulhold, NY I1971 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE ll. SOLOMON ,JOSEPH L TOWNSEND OFFICE LOCATION: Town Hall Annex 54375 Stale Route 25 (cor. Main Rd. & Youngs AveJ Southold, N'{ Telephone: 6:n 765-19:~8 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Melissa Spiro, Land Preservation Coordinator Land Preservation Department From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 4, 2006 Re: Proposed Fee Title Purchase of J & C Holdings LP Property SCTM #1000-57-1-43 Zoning District R-40 The proposed action involves the fee title purchase of a .48 acre parccl owned by J & C Holdings LP, pursuant to the provisions ofChaptcr 185 (Opcn Space Preservation) ofthc Town Code. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review oCthe Town oC Southold Town Code and the Local WaterCront Revitalization Program (L WRP) Policy Standards. Based upon the infol111ation providcd on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 iCyou have any questions rcgarding the above. f5J IE ri: IE 4~ ~ [E rnI Ul} AUG 2006 lW DEPT Of lAND PRESERVATiON . C L o S I N G . S T A T E M E N T . . CLOSING STATEMENT J & C HOLDINGS, LP (Hurtado) to TOWN OF SOUTH OLD Open Space - 0.48 acre Premises: 450 Albacore Drive, South old SCTM #1000-57 -1-43 Closing took place on Thursday, August 24, 2006 at 3:00 p.m., South old Town Hall Annex Purchase Price of $ 5,000.00 disbursed as follows: Payable to J & C Holdings, LP Check #87458 (8/22/06) Expenses of Closing: . 2005/06 Real Property Tax Reimbursement 99 days @ $2.3204/diem based upon $846.93/yr Payable to C & D Realty Check #87458 (8/22/06) (*amount included in purchase price disbursement) Survey Payable to Peconic Surveyors, P.C. Check #87504 (8/22/06) Title Report Payable to LandAmerica*Commonwealth Check #87468 (8/22/06) Fee insurance Recording deed $ 342.00 $ 265.00 Title Closer Attendance Fee . Payable to Patricia Fallon Check #87567 (8/24/06) $ 5,000.00 $ 229.72* $ 1,050.00 $ 607.00 $ 100.00 . Those present at Closing: Scott A. Russell Mary C. Wilson, Esq. Abigail A. Wickham, Esq. Christine Hurtado John Hurtado Patricia Fallon Melissa Spiro Melanie Doroski . . Southold Town Supervisor Attorney for Town of Southold Attorney for Seller Seller Seller Title Company Closer land Preservation Coordinator Administrative Asst, land Preservation ~'\lfFIl!k~ ~"~\\ ;U!,t~ ..~?J~f TOWN OF SOUTHOLD ,3095 MAIN ROAP SOUTHOLP, NEW YORK 11971-09,9 , 50-54[, 2i4 AUDIT 8/22 NO, 087458 THE Si,Ji=folK COUNTY NATlOOAL BANK CUTCHOGUE, NY 11935 "'. 'I,' DATE CHECK NO, AMOUNT 08/22/2006 , 87458 FIVE THOUSAND TWO HUNDRED TWENTY NINE AND 7,2/100 DOLLARS $5,229.72 PAY TO THE ORDER OF J & C HOLDINGS, LP PO BOX 1925 SOUTHOLD NY 11971 ~4~ M'.___________,_,____________ '- ./ 11'0871,5811' 1:0 2 1.1,051,bl,l: b 3 000001, Oil' VENDOR 009909 IT & c: HOLDINGS LP /" OR In I?oo(; rHRrK R"74 [:;,q "' FUllD " "',CCOUJ'JT r. o. Ii IlJVOICL DL:JCRlrTION AMorni'!' H2 ,8686.2.000.000 H2 ,8686.2,000.000 TBR683 082406 TBR683 082406 OPEN SPACE-.48 ACRE 5,000,00 PROP TAX REIMB-.48 AC 229,72 TOTAL 5,229.72 . . '- -----/ !CY,:VI-~ 01 ;-:';c JTH(ll.IJ' :SC1UlI-1ClU). NY <1CJ71 O::Viq jpJE>L~)1\HC_':;I)R\'ErORS9 P,C, --- -- ------ -------- . P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020' Fax (631) 765-1797 AUGUST 16TH, 2006 MS. M. SPIRO TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION 54375 STATE ROUTE 25 SOUTHOLD N.YT. 11971 ;I"[)[< r I;' (.:VE~;>;J!l 'N.J, ';:!;:RV,IL"E:; EE:"JDEREij): .JOB # 01-213 SURVEY AS PER QUOTE $1050.00 SU FFOLK COU NTY TAX MAP # 1000-57-01-43 . GLl08S 20 View 1 Vendor. . Y~Select JE Date Trx.Date Fund Account -=-~ - - - - - - - - ----:--::-:...---~-=---::-:.~ - -~ - - - Us-e- AEE ~ 7/31/2001 7/31/2001 H3 .600 8/28/2001 8/28/2001 A .600 6/03/2003 6/03/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 3/23/2004 3/23/2004 H3 .600 5/04/2004 5/04/2004 H3 .600 5/04/2004 5/04/2004 H2 .600 11/30/2004 11/30/2004 H3 .600 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 12/20/2005 12/20/2005 H3 .600 2/14/2006 2/14/2006 H3 .600 2/14/2006 2/14/2006 H3 .600 X 8/22/2006 8/22/2006 H2 .600 TO\^Jl, OF SOUTHOLD ** Actual Hi 016144 PECONIC SURVEYORS, F2~Shi[t Up F3~Exit FIO~Prev View C4IrOT FORWARD. END OF FILE F Disburs Inquiry by Vendor Name ............. .Detai1--GL100N.............. W-08222006-705 Line: 284 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 8/22/2006 SDT 8/21/06 Trx Amount... 1,050.00 Description.. SURVEY-J & C HOLDINGS Vendor Code.. 016144 Vendor Name.. PECONIC SURVEYORS, P.C. A1t Vnd.. CHECK........ 87504 Invoice Code. 01-213 VOUCHER..... . P.O. Code.... 15926 Project Code. Final Payment Type of 1099. Fixed Asset. . Date Released Date Cleared. F3~Exit F12~Cancel SCNB Liquid. BOX. F N Y 8/22/2006 Add1. . . ......................................... . p~ . . . COMMONWEALTH LAND TITLE INSURANCE COMPANY 185 Old Country Road, P. O. Box 419, Riverhead, New York 11901 631-727-7760 fax 631-727-7818 ,/ R.IINpo0S'99..s.- Il.t. 't),,z.'/Ld~ TltIeNo. FEE INSURANCE COVERAGE~ tJ"d7J ~ IJlJ FAIR MARKET VALUE RIIlER (OPTIONAL) MORTGAGE INSURANCE COVERAGE I'REMlIIM PREMIUM PREMIUM ENDORSEMENTS: EnvirOlmlcntal~~ Waiver of Arbitration Residential Adjustable Hate JUdcr NEW YORK STATE TH,ANSFERJl\lANSION TAX MORTGAGE T AX (Mortgagec)~_ MORTGAGE TAX (Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENT AL SEARCHES _~__~____~_~_ STREET REPORT ESCROW I>EIlQSIT ESCROW DEPOSIT FEE BANKRUPTCY SEARCH RF,CORDING FEES: ( /) DEED(S) ( ) SATlSFACflON(S) ( ) MORTGAGE(S) ~. ( ) CONSOLIIlATlON, EXTENSION & MOIlI>"ICATlON AGREEMENT(S) ( ) MORTGAGE AFFlDA VIT(S) ( ) ASSIGNMENT(S) TOTAL CHARGES $ CLOSlm. ClIARGF.S,IF ANY: PICK-tiP FI':E OTllli,J{: $ a~:{.tn ~oo ~o 7.o~ }'ATRICIA 1,. FALLON TITLE CI,OSEH. TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD,NEWYORKi1971-0959 AUDIT 8/22 087468 NO. 5O-5~G 214 ~r.:;'\ii,,\,,:.- . .,;,." ~'_\\" ; ,..... .-, ~ , , :; \ \ 1 :::~-: i) ~":,,,-:., : - ;. \ ...., ';::o-SIX-HUNDRED SEVEN AND 0/100 DOLLARS !l, THE SUFFOLK COUNTY NATIONAl BANK CUTCHOGUE,f,JYI19J5 DATE CHECK NO. AMOUNT 08/22/2006 87468 $607_00 'PAY TO ';, THE . ORDER ,', OF "<.'\ LANDAMERICA*COMMONWEALTH 185 OLD COUNTRY ROAD PO BOX 419 RIVERHEAD NY 11901 ~tl~ " M"..__________.___.________._____________.___________________ -" 11'0871,1;811' 1:021.1,051,1;1,1: I;:l 00000 I, Oil' VENDOR 003350 I ,ANDAMER I CA * COMMONWRA T ,TH " OR/77/?00(; rl-lRrK R'74GP. " FutJD S. !'.CCOillTT r_o.1I INVOIce DE:JCRIPTICN E-.HCUH 1 H2 .8686.2.000.000 H2 .8686.2.000.000 TBR683 RH06305995 TBR683 RH06305995 TITLE FEE-J&C HOLDING 342.00 REC DEED-J&C HOLDINGS 265.00 TOTAL 607.00 . . , / TOWN OF SClU1He!lJ) . S:JUTIW'Lr! r.,I\ 'lel,.1 :_ ~.f~rlP""""~:\ TOWN OF SOUTHOLD = . .~ ~ Vt; ~" 53095 MAIN ROAD "~~UJ. 11>'';;; SOUTHOLD, NEW YORK 11971'0959 ~,<>~,J ~ M-546 ~ , lr. ~-w:,-- ~- n\: :cONE HUNDRED AND 00/100 DOLLARS ;1 CLOSING e/24 087567 NO. - 1'HE SUFFoLK couWt NATiONAl-BANK CUTCHOGtJE. NY.'11935 DATE CHECK NO. AMOUNT 08/24/2006 87567 $100.00 PAY TO THE ORDER OF PATRICIA FALLON 40 WHITE OAK LANE SOUTHAMPTON NY 11968 ~tl~ . ~ M>_____ /' lI'OB75b7I1'I:02.1.05I.bl.l: b 3 000004 Oil' VENDOR 006011 PATRTrTA FAT,T,(JN r OR/?4/?006 l'HRl'K P.7h.h7 "" FrnJD &. ,',CCOillJT r. O. # nJ'lOICE DE:JCRH"l'ION AHOCJln' H2 .8686,2.000.000 TBR683 082406 TITLE CLOSER-J & C HO 100.00 TOTAL 100.00 . . "- ~ lU",'~iN OF S(iUTHl"1L!l . snUTHOI.D. NY 11971 mF;Cj . R E C o R D E D . D E E D . . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 Receipt Number : 06-0085228 TRANSFER TAX NUMBER: 06-03904 Recorded: At: 08/31/2006 11:56:50 AM LIBER: PAGE: D00012467 169 District: 1000 Section: 057.00 EXAMINED AND $5,000.00 Block: 01.00 CHARGED AS Lot: 043.000 .Deed Amount: FOLLOWS Received the Following Fees For Above Instrument Exempt Exemp1 Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Conun.Pres $0.00 NO Fees Paid $242.00 TRANSFER TAX NUMBER: 06-03904 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County . [C--; [E (-' [E I' r n U' r-~\l I, I C' \ C; r' ~ : \\" ~;,,, '\ I "I) VJ'- I \.'.1 "-, I' ',I I: ,,1;1' -'., l- II' Ii I ';'1 iff I r ll: t"OV -- 1 C ,. , ! .J I I ...:)1 ~ l~J t ...___________J Df"T iJ:' Lf"jQ ~':- ~ '~~ :',.;1 " 1 ',; , .--- ---,---- - .-....-----. ._,.._.._.__..1 . iJ I Number of pages TORRENS Serial # Certificate # Prior etf. # Deet.! !\10rlgagc 1l1slrumcnl Dl'l'd / \l(lrlgagi.: Tax Stamp 3 FF!::S Page I riling Fcc IY_ Ilandling ..~ .llit TI'-5H4 Notation EA-5217 (County) --- S/ ----- -" _-105 ~. 1,.. _-'1,--,1 --'----.- -- --'-- Sub T()t~d EA-5217 (Stale) R,PTS.A, COlllm. of Ed 5.DeL Affidavit Ccnifil'U Copy Heg. Copy Suh TO!:ll . ! C; / Gldlld l'uLil Jl.l) .. _l_ -t'/11 Other 4 Block O).()() J .ul {i "J.J. (X;{) 5 Real Property Tax.snvice Agency Vcrification 060:H)379 ," ",', r " ,r ~", I PRSK A.) . . \_31-AUG-D.6" 1000 05700 0100 043000 (, SLllisfaClioll/Djscharges/Rclcase List l'mpcny Owners i\laiJing AddJ'L'SS RECORD I< RETURN TO, (I};>;:y {I P {I Bt)J( UUfJG>UL, U/'I.'St.-'")./, ESQ. J.)'j /1/ 'I //951 7 '" ;-- _OI~"_'=" ]{emrding / Piling Stamps ,(I !\1ortg,jgcAIllI. Basic Tax 2. Addilional Tax Sub Tlltal SJlCC I i\.~~il or Spi?C I AdJ. TOT i\1Tc; TA X Dual Tuwll _~ Dual ('(lUnl)' . IklJ f()rAPPllinlmeC)~ I . / L/ . .' ~ TrallsferT;l); '. (J{{'I~j Mansion Tax The pruperty C(1\TreJ hy this lllotg:J(!C I.S Ul will be illlpmved by ,lone ()J t\\'<I family dwdling only. Yi'S or NO lf0,'O, sn: dJlJlI\lpriatt: ld\ ebllsl' llll p~Jgell_ C0l1l111unity Presrnalion Fund CUllsidLTaliol1 AIl]()lI[]1 $ S/OOO___~ $__-C2/ ( CI'F Tax Due: .----~---- ]mpr(lvcd _ , \'aGHllI,and v/ Tn 'I'D TD Title Company Information ell N:lllll' CO.\I!\101\'\VF:\LTII Tille # 12 f-(6i,30Sy{kJ- 8 Suffolk County Recording & Endorsement Page This page fOrJlls P,lI-t nfrlw ,11lad1l'd _ _B/)f.uIiJ^:LA..!'!.c.-? SIZLC 4c~/1 __ IIll](k 1)\ (SPEC1F\' TYPE OF I:-JSTRlli\lU\'TJ JU:l..JIr"_!l;!J(..S .L,P ~ Th,' PI<.'"lllisis llL'rein issi[\Jll1l'd in . TO ~ -, __ --'-!2~ (1 F n,J.".li.?7tQ'ofl \1:]T'OI_K CCll1NTY, NEW YOP_K. 1[1 Iii,' Tll\\l1sllip of ____~.L(T7-1 CJ.~~_ III tilL' \'1!LACiF (lr]IAJ\llrruf ~~ Un/Ci_.::J!.__ BOXI:S () '1'] !ROL'(;I! H \111.')'1' Ill.: TYPED Ul\ l'j..:It'\'Tj'TJ 11\; LlI.ACK l'\JK 01\:1.'1' 1'1":101": TO l":ITU!":I)]t\.IC; OR rll.]N(; (i'\"I'.1 Standard N YBTU Form 8002 - Bargain and Sale Deed, WIt!' C(~\!ellant "gainst Grantor's Acts - Unl:orm Acknowle(jgl~lel't Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY . THIS INDENTURE, made the;l'/ day of August 2006 BETWEEN J&C HOLDINGS, LP, a New York limited partnership with offices at 3400 lighthouse Road POBox 1925, Southold. New York 11971. party of the fllst part. and TOWN OF SQUTHOLD, a municipal corporation of the State of New York with offices at 53095 Route 25 POBox 1179. Southold. New York 11971. party of the second part WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($1 O.)--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 plot, piece or parcel of land situate, lYing and being at Arshamolllaque, In the Town of Southold, County of Suffolk and State of New York. being known as Lot no_ 20, on a certain map entitled, "Map of Southold Shores at Arshamomaque" and filed In the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map No_ 3853, said lot being more particularly bounded and described as follows BEGINNING at a point on the southerly side of Albacore Drive where the divIsion line between Lot No 20 and Lot No. 19 on the aforementioned Filed Map intersects same RUNNING THENCE along the southerly side of Albacore Drive South 63 degrees 52 minutes 30 seconds East 15000 feet RUNNING THENCE South 26 degrees 07 minutes 30 seconds West 17500 feet . RUNNING THENCE North 38 degrees 33 mmutes 45 seconds West 16593 feet RUNNING THENCE North 26 degrees 07 minutes 30 seconds East 10405 feet to the southerly side of Albacore Drive, the point or place of BEGINNING BEING AND INTENDED TO BE the same premises conveyed to the party of the fll-st part by deed dated 7/25/02, recorded 8/21/02 In liber 12204 page 596 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 par1y of the first part covenants that the party of the fli"sl 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 fund 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 befol"e uSing any part of the tolal of the same for any other purpose The word' party"' shall be construed as If It I"ead "parties' whenever the sense of thiS Indenture so requires . IN WITNESS WHEREOF. the party of the fllst part 11as duly executed thiS deed the day and yeal fllst above written IN PRESENCE OF J&C HOLDINGS LP By Ma Tine, Inc General Partner By (It tM,7/;(('(///;jf&'/f Chl-istine C HlIilaclo PI eSlde~'t 'r;',,(:_ . BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE Stale of New York, County of Suffolk, 55' On the~J./ day of August, in the year 2006 before me, the undersigned. personally appeared CHRISTINE C, HURTADO personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me thai he/she/they executed the same in his/her/their capacily(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument .fJ,d).jn~ t,.}./I~ (signature and offjce of individual laking acknowledgment) Notary Public Slate of New York, County of SS. 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) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument PATRICIA L, FALLON Notary Public, State 0f New York No. 01 FA4950146 Qucilified In SuHolk Cou.nty _'" At) 7 Commission Expires April 24, tJ(.,CI TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE (signature and office of individual taking acknowledgment) Notary Public State (or District of Columbia. Territory, or Foreign Country) of County of SS On the day of , in the year 200 , 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) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the " (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 acknowledgement) Notary Public BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. SECTION BLOCK LOT COUNTY OR TOWN J&C HOLDINGS, LP TO TOWN OF SOUTH OLD Recorded at Request of COMMONWEALTH lAND TITLE INSURANCE COMPANY RETURN BY MAil TO STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by 0' Common~ealth (.()\I\I()\\\I \11111 Ar-.I1Tlnl 1!'.S1 R \"".1 (.'.'\11'..\.'" . w u ~ o o z 5 " o u w " " o w " o " ~ w u . " " " . e w > " w " w " L-----.- _ . RIDER TO DEED BETWEEN J & C HOLDINGS, LP AND THE TOWN OF SOUTHOLD DATED August 24, 2006 AS SET FORTH in Chapter 185 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitations imposed upon the alienation of development rights , acquired by the Town prior to any such amendment. This covenant shall run with . the land in perpetuity. TOWN OF SOUTHOLD By: . ~~"'~ SCOTT A. RUSSELL Town Supervisor STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the 24th day of August, 2006, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. . .jJ~~. .JJIJ~ Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, tt.O() 7 . T I T L E . p o L I C y . OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company ~ ~ landAmerica ... Commonwealth Commonwealth Land Title Insurance Company is a member arthe LandAmerica family of title insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date 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: 1. 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. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: ,,\\llT(~ I", ,,~.~U!I si_~ f!:.".... ~~'.~ - .. ~ - n .... ."" ",. " ~'" .\..~.JiS ~-..,s,,~_\_-~ ""03. ~\\i By: ~ -< eA". LA J... President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of" 1. (a) Any law, ordinance or governmental regulation (including but not limited to bUilding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, fien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or OJ) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA 10 ALTA Owner's Policy (10/17/92) Cnrrn ....an ...0 ..................... . . . a Commonwealth File No: RH06305995 SCHEDULE A Amount of Insurance: $5,000.00 Date of Policy: August 24, 2006 Policy No.: RH06305995 1. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy: Fee 3. Title to the estate or interest in the land is vested in: By deed made by J&C Holdings, L.P. to the INSURED dated 08/24/2006 and to be recorded in the Office of the Clerk of the City/Register Suffolk County. 4. The land referred to in this policy is described on the annexed 5chedule A - Description. c~~ Countersigned: Authorized Officer or Agent ALTA Owner's Policy (10-17-92) . . . File No: RH06305995 SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, being known as Lot No. 20, on a certain map entitled, "Map of Southold Shores at Arshamomaque", and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map No. 3853, said lot being more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Albacore Drive where the division line between Lot No. 20 and Lot No. 19 on the aforementioned Filed Map intersects same; RUNNING THENCE along the Southerly side of Albacore Drive South 63 degrees 52 minutes 30 seconds East, 150.00 feet; RUNNING THENCE South 26 degrees 07 minutes 30 seconds West, 175.00 feet; RUNNING THENCE North 38 degrees 33 minutes 45 seconds West, 165.93 feet; RUNNING THENCE North 26 degrees 07 minutes 30 seconds East, 104.05 feet to the Southerly side of Albacore Drive, the point or place of BEGINNING. ALTA Owner's Policy (10-17-92) . . . File No: RH06305995 SCHEDULE B EXCEPTIONS FROM COVERAGE 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 the foliowing: 1. Rights of tenants and/ or persons in possession. 2. Covenants, Restrictions and Reservations in Liber 5421 Page 444. 3. Telephone Agreement recorded in Liber 5510 Page 80; affects streets oniy. 4. Electric Agreement recorded in Liber 5393 Page 575; affects streets only. 5. Survey made by Peconic Surveyors, P.c. dated 08/16/06 shows premises as unimproved vacant land; a)Area of wetlands, flagged by the NYSDEC as of April 2005, shown thereon. No encroachments shown. ALTA Owner's Policy (10-17-92) . / , . . a Commonwealth File No: RH0630S99S STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY NO. 06305995 ISSUED BY COMMONWEALTH LAND TITlE INSURANCE COMPANY 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 Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover 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 the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Commonwealth Land Title Insurance Company Dated: August 24, 2006 '"'''''''''''''''''' ." \) l\TLf '., counterf};~.t'J',u..., ~/i>S~:'E'~'A'''!L~~~\ By. ,,,,,: : <::>! Attest: \%'" /~f By ~~o' ,~. . .... d ............ ".~... ....... -lifBRAS...." ..,.., Authorized Officer or Agent /'"",,,,,,,,,,,,,,,'" ~ ,{ tA-.L/.. d... President ~ Secreta ry Standard New York Endorsement-Owner's CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had againsllhe named insured, those who .ed 10 the interest of the named insured by operation of law as distinguished urchase including, but not limited to, heirs, distributees, devisees, survivors, nal representatives, next of kin, or corporate or fiduciary successors. (b) ~insured claimant"; an insured claiming loss or damage. (c) -knowledge- or "known": aclual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land, (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers lor value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens flied in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarl<etability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance 01 the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the .. (ii) an indebtedness secured by a purchase money mortgage given to the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case at any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall tE:rminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its ONn cost and without unreasonable delay, shall provide lor the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other mailer insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object tor reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the lees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The 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. If the Company shall exercise its rights under this paragraph, it shall do so diligently. I:C) Whenever the Company shall have brought an action or interposed a e as required or permitted by the provisions of this policy, the Company m pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name 01 the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting selt!ement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the mailer or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative 01 the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute. or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, allorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay Upon the exercise by the Company of either of the options provided for in paragraphs (b){i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any liability or obligation to defend. prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover CONTROL NO.: 20b-l033lfb8 CONDITIONS AND STIPULATIONS (Continued) . DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This polley is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only 10 the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance slated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance staled in Schedule A allhe Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value 01 the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent 01 the Amount of Insurance stated in Schedule A (c) The Company will pay only those costs, attorneys' lees and expenses incurred in accordance with Section 4 01 these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the _Is but not all. the loss shall be computed and settled on a pro rata basis as If mount 01 insurance under this policy was divided pro rata as to the value on e of Policy of each separate parcel to the whole, exclusive 01 any impro~ements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' lees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insunng a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. . PAYMENT OF LOSS. (a) No payment shall be made without producing this policy Ior endorsement e payment unless the policy has been lost or destroyed, In which case proof 01 loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant. the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason althis policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy ar claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. Ail arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbilrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tille Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authonzed signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. iF NEW YORK OFFICES NEW YORK CITY Two Grand Central Tower 140 East 45111 Street New York, New York 10017 (212) 949-0100 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853-6800 II GARDEN CITY 1399 Franklin Ave. Suite 300 Garden City, New York 11530 (516) 742-7474 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 634-7070 RIVERHEAD 185 Old Country Road Riverhead, New York 11901 (631) 727-7760 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 NATIONAL COMMERCIAL SERVICES Two Grand Central Tower 140 East 45th Street New York, New York 10017 (212) 949-0100 I , i-i Form B 1190-1B ! j , \, OWNER'S POLICY OF TITLE INSURANCE THANK YOU. American Land Title Association (10/17/92) Title insurance provides for the protection of your real estate investment. We suggest you keep this policy In a safe place where it can be readily available for future reference. Issued by Commonwealth land Title Insurance Company If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy, or you may call or write: Commonwealth Land Title Insurance Company Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 telephone, toll free: 800446-7086 web: www.landam.com We thank you for choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. Commonwealth land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. ..... ~ LandAmerica ... Commonwealth ..... ~ LandAmerica ... Commonwealth landAmerica Financial Group, Inc. 101 Gateway Centre Parkway Richmond, Virginia 23235-5153 www.landam.com . S T E W A R D S H I P . . Telephone (631) 765-5711 Facsimile (631) 765-6640 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa. spiro@town.southold.ny.us . . . OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Tax Assessors Suffolk County Division of Real Estate Southold Town Board of Trustees From: Melissa Spiro, Land Preservation Coordinator Date: August 24, 2006 Re: J & C HOLDINGS, LP to TOWN OF SOUTHOLD Open Space Acquisition SCTM #1000-57-1-43 Building Department Data Processing Town Comptroller Stewardship Manager Planning Board The Nature Conservancy Peconic Land Trust Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 450 Albacore Drive, South old PROPERTY OWNER: J & C Holdings, LP (Hurtado) PURCHASE DATE: Closing took place August 24,2006 PURCHASE PRICE: $5,000 per contract (this purchase was not based on a per acre figure) OPEN SPACE ACREAGE: 0.48 acre (vacant land) FUNDING: Open Space Capital Fund MISCELLANEOUS: The purpose of this acquisition is to preserve open space and to allow for the natural drainage pattern to continue in this area. Sanitary flow credits will not be transferred from this property. . P R o P E R T y . R E C o R D S . . . . MELISSA A. SPIRO LAND PRESER V AnON COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southo1d. NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Maio Road & Youngs A venue) Southo1d. New York Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 24. 2006 George R. Sullivan. Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re: Notice of New Owner SCTM #1000-57-1-43 Dear George: Please be advised that the Town of SouthoJd acquired the property identificd as SCTM #1000-57-1-<13 located at <150 Albacore Drive in Southold for open space purposes by deed dated August 24, 200G. The Town purchased the property from ,J & C Holdings, LP. All future real property tax bills should be forwarded directly to the Town of South old Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the property is declared exempt by the Town Assessors. Very truly yours, ~~ Melissa Spiro Land Preservation Coordinator /md ce: Southold Town Assessors Town Comptroller V',.......I.......,t.jla:;_...JI!.I.j.,.'1l.1_.I..j.I._.lt.l!J.LI.n!l.,.llIt_IIL'~.II! ;;:( File View T oolbar Help I~ ~ ~ ~I tZt fiiillI ~ ~ '1? . 473889 Southold Roil Year: j2006 Curr Yr Land Size: 0.48 acres Total: 1 J & C Holdings LP 57.-1.4 ~~& C Holdings):P ;;j"50Albacorribr. (lymer Name: Addl Addr: Street: 1"0 Box: 1925 City: Southold. NY Sale Book Page 12204 696 Exemption Code H Tolal: 3 Unils .00 .00 . Zip: 11971. Price 0 wner ao.ooo J & C HoldinQs L o Term Year Own Pel Active RIS: 1 Res vac land Taxable Value Coun~: 1.000 Muni: 1.000 School: 1.000 Sohi efter star: 1.000 Site 1 011 Prpcls: Res vac land Nbhd Cd: 0 Sev',ler: Waler: Ulilities: Building Pel Type .00 .00 Value I .... Improvernenl Move T a< Type Name .00 .00 T to open a dJ 5tartlES3 lobox . ~1icrosoftOutlook II t) RP5 Version 4 - [5nap... ~~*;;3i<I>fLt~\0i4J$X:; School: GreenpDlt School Land AV:l.000 T olal AV: 1.000 M iscellalleous Book: 12204 Page: 696 Morlg: Bank: Accl No: 17 Land 01 0 Tolal: 0 Total: 0 Dim1 . . A E R I A L S . . . . . . . . . s U R V E y . . FINAL SURVEY ~ CERTIFIED TO' TOWN OF SOUTHOLD LAND AMERICA COMMONWEAL TH AREA = 20929 sq. ft. o o r \) "I. 2. o ~ ~ C) ~ @)~ *-. 0' 'It " -<-. ~ fl ~ ~ ~. ~ ~ U> <5>. '0.. ~.. ""- ~ o -::=0. ~ /'>qo~ ..<1~s ~CO ~~ .s . 6'..3". S2:>: o. Z (;> / ~/ ~ ~ ,-/ ,-/ '( ~ )7 ~~A )7)7 ~~ <:0 ":P0' . ;.>. if' A@ ~ ~ )7<5'> ANY AL TERA TlON OR AODITION TO SURVEY IS A VIOLA TlON OF SECTION 7209 OF THE NEW YORK STA TE WUCA TlON LAW. EXCEPT AS PER SECTION 7209 . SUBDIVISION 2. ALL CERTlFlCA TlONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA TURE APPEARS HEREON. ADDITIONALL Y TO COMPL Y WITH SAID LAW THE TERM 'AL TERW BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILiZING A COPY' OP.ANOTHER SURVEYOR'S MAP. TERMS SUCH ASVINSPECTW' AND 'BROUGHT' TO . DA TC ARE NO T IN COMPLIANCE: WITH THE LA W. "'<:p", 0/ / / . I / /' <'0 ;A % ~ LOT @ ~~/t>/v~ /-b '00. - -~ 1>0 " \ \ \ ---_9 ~ ~ A; ?y. . :f'.. 0' @ & 0' 'v ":.~ ~-w ~ ..~, -'" r-----------..----~-~--.--- .. . "",,0 (0) ;;f\,\ li:~ \0 = ) i' ;;' ----...-~--.",.---------.- , 1'-; lnll XV, I) .,_uO ll.::.,. D,Pj Of LAND PRfSERVATlON SURVEY OF LOT 20 "MAP OF SOUTHOLD SHORES" FILED AUGUST 29. 1963 FILE No.3853 . AT ARSHAMOMAQUE ?-...-. TO WN OF SOUTHOLD SUFFOLK COUNTY, NY TOOO - 57 - 01 - 43 SCALE: 1" = 30' Aug. /6, 2006 UI 6 ~ WETLANDS FLAGS BY NYSDEC, APRIL 2005 , 65 - I 797 . 01- 213 . A E R I A L M A P . . k d . . A Town Development • Rights , : Peconic Land Trust Cassidy Preserve t t Arshamomaque J&C Holdings LP (Hurtado) Pond SCTM# 1000-57, 143 Arshamomaque Pond , � a Preserve � r uf ,, • � Y �� 7t@t .. e, t< q