HomeMy WebLinkAboutMattituck Holding Corp (Mattituck Inlet Park)
.
1000-99-4-1
Baseline Documentation
-.
Premises:
5450 Breakwater Road
M.attituck, New York
1.699 acres
Open Space Acquisition
MATTITUCK HOLDING CORP.
to
TOWN OF SOUTHOLD
Deed dated February 23, 1993
Recorded March 19, 1993
.
Suffolk County Clerk - Liber 11622, Page 459
~.
. ..
-.,;::.
....'
(.,~::'~-
.::c.::"".~____
-;lIP'
..... ...
.., ,
.
SCTM #: 1000-99-4-1
Premises: 5450 Breakwater Road
Hamlet: Mattituck
Purchase Price: $450,000.00
Funding: Open Space Capital
Fund and NY State
Aid reimbursement
($180,000.00)
. CPF Project Plan: nla
Total Parcel Acreage: 1.699 acres
Zoned: MIl
Existing Improvements: In December 1992 -
chain link fencing,
bulkheading, pilings, rock
jetty
.
.
p
U
B
L
I
C
.
H
E
A
R
I
N
G
.
.
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 2, 1992:
RESOLVED that the Town Board of the Town of Southold hereby sets 4: 30
P.M., Tuesday, June 30, 1992, Southold Town Hall, Main Road, Southold,
New York, as time and place for a public hearing on the question of the
acquisition of the land of Mattituck Holding Corp., under the Open Space
Program, said property consisting of 1.6 acres, and located on the easterly
side of Luther's Road, Mattituck, Tax Map No. 1000-99-4-1.
ttuA~~~
~j~dith T. Terry if
Southold Town Clerk
June 3, 1992
.
.
.
l
",,......u
LEGAL NOTICE
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of the
Open Space Preservation Law of the Town of Southold, constituting Chapter
59 of the Southold Town Code, the Town Board of the Town of Southold i
I
will hold a Public Hearing on the 30th day of June, 1992. at 11:30 P.M., i
i
at the Southold Town Hall, Main Road, Southold, New York, on the !
i
question of the acceptance of the option for the acquisition, by the Town I
i
of Southold, of the property of Mattituck Holding Corporation, comprising J
1.6 acres of land, located on the easterly side of Luther's Road, Mattituck, I
New York, and designated as Tax Map No. 1000-99-'1-1. I
I
FURTHER NOTICE IS GIVEN that the option agreement between the i
I
owners of the above described parcel and the Town of Southold, containing I
a more detailed description of the above mentioned parcel of land, is on I
file in the Southord Town Clerk's Office, Southold Town Hall, Main Road, !
I
Southold, New York, and may be examined by any interested person during I'
I
,
I
i
I
I
!
i
!
normal business hours.
DATED:
June 2, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
*
*
*
PLEASE PUBLISH ON JUNE 11. 1992, AND FORWARD TWO (2) AFFIDAVITS :
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN I
ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Traveler-Watchman
The Suffolk Times
Town Board Members
Town Attorneys
James McMahon
Michael H. Sahn, Attorney for Mattituck Holding Corp.
Town Clerk's Bulletin Board
.
.
.
JUNE 2, 1992
46
7.-Moved by Councilwoman Hussie" seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 4: 30 P.M.,
Tuesday, June 30, 1992, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearing on the question of the acquisition of the
land of Mattituck Holding Corp., under the Open Space Program, said property
consisting of 1.6 acres, and located on the easterly side of Luther's Road, Mattituck,
Tax Map No. 1000-99-4-1.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Counci Iman Wickham, Counci Iman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'm very pleased that the Board has moved in an effort
to preserve some more open space, especially in the Mattituck area, around the
Mattituck Inlet. This has been worked on for a number of years. This is not
something that just came about. There has been many, many meetings with many,
many Boards involved with having this<come to fruition, and I'd like to thank
those people, at this time, who have worked on it, who are not presently here,
as well as the people on this Board, who have made this all a reality. This
information, that will be provided at the next meeting, will certainly tell the people
of Southold, that this information that we will be providing, is that of open space,
recreation, tourism, in a area that we feel should be preserved, and available
to the residents of Southold Town. This area is located in Mattituck Inlet near
Breakwater Road. There was an old tank farm there.' The Town was very
instrumental in having those tanks, which we felt were environmentally detrimental,
not only to that area, but to the township itself, removed. We had it cleaned
up, and then we moved into contract, which we're doing now, with those individuals,
Mattituck Holding Corp., and this is a matching grant, which the Town applied
for some years ago from the Parks, Recreation and Historic Places of New York
State. This is a matching grant, and it's very important, that the Town continue
in that vein to provide wherever, and whenever possible the quality of life, and
the characteristic which is certainly beneficial to not only the residents of Mattituck,
but also' the whole Township to utilize for many, many generations 'to come.
.
o
P
T
I
o
N
.
A
G
R
E
E
M
E
N
T
.
.
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall. 53095 Main Roa
P.O. Box 1179
Southold, New York ll971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 2. 1992:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute an Option Agreement to
acquire the property of Mattituck Holding Corp.. 1.6 acres of land. located
on the easterly side of Luther's Road, Mattituck, Tax Map No. 1000-99-4-1,
for a purchase price of $450,000 ($225,000 Town Open Space Funds;
$225,000 New York State Grant Funds); all in accordance with the approval
of the Town Attorney.
a: ft"';! ~~
~dithi-. -~~
Southold Town Clerk
June 3. 1992
.
.
.
tr
"
OPTION AGREEMENT
THIS AGREEMENT made this 12th day of June 1992. between
MATTITUCK HOLDING CORPORATION. c/o Margiotta & Ricigliano. 599 Jerusaiem
Avenue, P.O. Box 38, Uniondale, New York 11553, hereinafter described as the
Optionor; and the TOWN OF SOUTHOLD, a municipal corporation of the State of
New York having its office and principal place of business at Main Road, Southold,
New York, hereinafter described as the Optionee.
WITNESSETH:
1. In consideration of the sum of ten 1$10.00) dollars, paid by the
Optionee, the Optionor does hereby give and grant to the Optionee the exclusive
option, right and privilege to purchase the premises at Mattituck Inlet, Town of
Southold, County of Suffolk and more particularly described in Schedule A
annexed hereto, made a part hereof.. and initialed by the parties hereto.
2. That this option shall continue in effect until 12 o'clock midnight on
the 60th day after the Southold Town Board holds a public hearing on the
question of the acceptance of this option, as required and provided in Section
25-40 {:If Chapter 25 of the Southold Town Code. The Optionee represents that it
will hold such public hearing within 45 days from the date hereof. In the event
that the Optionee fails to hold such hearing within 45 days from the date hereof,
the Optionor shall have the right to terminate this option by giving written
notice of termination to the Southold Town Clerk.
3. The total purchase price shall be four hundred fifty thousand
1$450,000.00) dollars, to be paid by the Optionee, if this option is exercised, as
provided in the annexed form of agreement.
4. If this option is exercised by the Optionee as herein provided, the
Optionor and the Optionee will respectively as seller and purchaser perform the
obligations set forth in the form of agreement to be performed by the seller and
the purchaser therein, said form of agreement being annexed hereto and made a
part hereof and marked as Exhibit A.
5. This option is to be exercised by the Optionee by written notice signed
by the Optionee and sent by registered or certified mail prior to the expiration
date, to the Optionor at his address set forth above.
6. The deed conveying the premises shall be in the form annexed hereto
and made a part hereof and marked as Exhibit B.
.
.
.
"
IN WITNESS WHEREOF. the parties hereto have executed and delivered this
agreement the day and year first above written.
By:
TOWN OF SOUTHOLD
A~4 d _ Lt..
Scott L. Harris.. Supervisor
/- ~ ;:>
Optionor Donald H. Cullen, President
Mattituck Holding Corporation
Optionor
STATE OF NEW YORK)
55:
COUNTY OF SUFFOLK)
On this/~day of 1~,
1992, before me personally came SCOTT L.
HARRIS, to me known, who being by me duly sworn, did depose and say that he
resides at 37800 Main Road, Orient, New York; that he is the Supervisor of the
TOWN OF SQUTHOLD, the municipal corporation described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was so affixed by order
of the Town Board of said corporation; and that he signed his name thereto by
like order.
STATE OF NEW YORK)
ss;
COUNTY OF SUFFOLK)
MATTHEWG.KIEllNAN
NoIaIyPubDc.SIaI"INowYoo1l
No. .948178
Ouaf{od In Sulblll CounIy
fomm....EJjlIm_l,t993
On the
day of
19921 before me personally came
to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged that he executed
the same.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
Notary Public
ss. :
On the 18th day of June 1992 before me personally came DONALD W. CULLEN, to me
known, who being by me duly sworn, did depose and say that h8 resides at Nidzyn Avenue,
Remsenburg, New York; that he is the President of MATTITUCK HOLDING CORPORATION, the
corporation described in and which executed the foregoing instrument, that he knows the
seal of said corporation; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the board of directors of said corporation;
and that he signed his name thereto by like order.
~'olL a. Ju2.,~
Not:)!:"y Pub] ic , .~ARBAR^ A. SCELSA
"~~~.,;; RC:~_2~:~~ ::,~."" ci N~N V",k
'. . .- ., -', ~dr,,'k CCunt
~~'~."""Vl f^p'''''1 'i/3r"'! C --, Y
~~~U=<OO~ ~~ooo~~~~oz
.
.
.
JUDITH T. TERRY
. TOWN CLERK
EGlSTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
SouIhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 30, 1992:
.
WHEREAS, the Town Board of the Town of Southold entered into an option agreement
with Mattituck Holding Corporation for the purchase of their 1.6 acres of land
located on the easterly side of Luther's Road, Mattituck, Tax Map No. 1000-99-4-1,
for a purchase price of $450,000 ($225,000 Town Open Space Funds; $225,000 New
York State Grant Funds); and
WHEREAS, the Town Board held a public hearing with respect to said option on the
30th day of June, 1992, pursuant to the provisions of Section 59-4(C) of the
Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold
acquire the aforesaid lands set forth in said option agreement between Mattituck
Holding Corporation and the Town of Southold; now, therefore, be it
RESOLVED that the Town Board hereby elects to execute the option to purchase the
property of Mattituck Holding Corporation; and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to Mattituck Holding Corporation; and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized and
directed to execute any and all documents for the acceptance of said development
rights.
.
~r~
Judith T. Terrf
Southold Town Clerk
July 1, 1992
-
.
JUNE 30, 1992
35
Reconvened at 5: 07 P. M.
SUPERVISOR HARRIS: We have finished our re!)ular a!:lenda. Would like to
entertain movin!) on the first public hearin!) in reference to purchasin!) the open
space at Mattituck? I need a motion, and a second to exercise the option to
purchase a parcel known as Mattituck Holding Corp. with Open Space Preservation
money, as. well as subject to, the availability and acceptance of New York State
Parks, Recreation, and Historic Places matching funds.
36.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold entered into an option
agreement with Mattituck Holding Corporation for the purchase of their 1.6 acres
of land located on the easterly side of Luther's Road, Mattituck, Tax Map No.
1 000-99-q-l, for a purchase price of $Q50, 000 ($225,000 Town Open Space Funds;
$225,000 New York State Grant Funds); and
WHEREAS, the Town Board held a public hearing with respect to said option on
the 30th day of June, 1992, pursuant to the provisions of Section 59-Q(C). of the
Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town of
Southold ac uire the aforesaid lands set forth in said 0 tion a reement between
Mattituck Holdinq Corporation and the Town of Southold; now, therefore, be it
RESOLVED that the Town Board hereby elects to exercise the option to purchase
. the property of Mattituck Holding Corporation; and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to Mattituck Holdin!) Corporation;
and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized
and directed to execute any and all documents for the acceptance of said development
rights.
COUNCILMAN PENNY: Discussion on it? Harvey, at what point in time is it
appropriate for us to address covenants, and restrictions?
TOWN ATTORNEY ARNOFF: Durin!) the <lcquistion process. There's no problem.
There's going to be a time between now, execution of the contract, obtaining of
the title report, and actually !)etting the funds together to close. So we have
four to six weeks at least to address those issues, so we certainly can do it in
the intervening time.
COUNCI LMAN PENNY: I would just like some certainty then in voting for this
proposal, which I'm very happy to do, that we're guaranteed of havin!) this follow
up discussion, so that the concerns of the public can be met.
TOWN ATTORNEY ARNOFF: I certainly will see to it, that it's put on for discussion
at a Town Board meeting.
.
.
36.-Vote of the Town Board: Ayes: Councilwo,man Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRI S: I'm absolutely, positively delighted to vote in the affirmative
for the purchase of this piece of property. I'd like to congratulate the Town
Board before moving on to the second public hearing, Local Law, to act on that.
I'd like to congratulate this Board, and the previous Boards for the work that
took place. This Board in particular has moved to try to follow through what
tile previous Boards had started, and 'tried to acheive, and it cGrtainly is a credit
to the Town of Southold, that we continue with the quality of life ;lnci our rural
heritage is protected. Yihen it comes to our waterways, and those who would
provide recreation to the town, such as the Town of Southold does, for tourist
indu,stry, which as we all know is the life blood of the Town of Southold. So on
behalf of myself, as Supervisor, I'd like to congratulate this Board, for all the
people who supported this, and let's move on with some other projects, I hope
that will be of the magnitude that this one will be, and we hope that we'll be able
to acheive what the people of Southold particularly the residents of Mattituck would
like to see done with this property !or future use.
.
JUSTICE EDWARDS: I'd like to comment on that. I did vote in the affirmative
on this parcel, only with the understanding that the Town Board is going to very
seriously look into a piece of property on Fishers Island; I've been refused on
several occasions. Money from the Farmland Preservation IOpen Space, we have
contributed close to $300,000.00 to the Town's program. We have not received
one penny on Fishers Island, There's one parcel over there, close to four acres,
that weve been working on. We just keep getting a no, no, no. So, I was going
to vote no on this. I'll bring to the point, put it on the record, that I did vote
yes, and I hope that the Town Board does expedite this Open Space money for
Fishers Island. Thank you.
.
.
C
L
o
S
I
N
G
.
S
T
A
T
E
M
E
N
T
.
.
.
.
CLOSING STATEMENT
MATTI TUCK HOLDING CORP. to TOWN OF SOUTHOLD
Open Space Acquisition
SCTM #1000-99-4-1
Location: 5450 Breakwater Road, Mattituck, NY
1.699 acres
Closing held on March 1, 1993
Purchase Price:
$450,000.00
Downpayment
Payable to Margiotta & Ricigliano, Esqs., As Attorneys
(12/1/92)
Balance of Purchase Price
Payable at closing to Margiotta & Ricigliano, As Attorneys
(3/1/93)
Expenses of Closinl!::
1992/93 Real Property Tax Adjustment (reimbursement to seller)
Payable to Margiotta & Ricigliano, As Attorneys
(3/1/93)
Survey 88-365(A)
Payable to Peconic Surveyors, P.c.
(3/1/93)
Title PAP 1280987
Payable to Papers Abstract, Inc.
(3/1/93)
Title Insurance Policy
Deed Recording Fee
$ 2,007.00
$ 79.00
Attendees:
$
100.00
$ 449,900.00
$ 450,000.00
$ 1,631.59
$ 300.00
$ 2,086.00
Donald W. Cullen
Michael H. Sahn, Esq.
Harvey A. Arnoff, Esq.
Matthew G. Kiernan
William Pfefferle
President, Mattituck Holding Corp.
Attorney for Seller
Southold Town Attorney
Southold Town Assistant Town Attorney
Title Company Closer
.
.
"
.
.;.{ " '] ~J, /!
',MAKE CHECKS PAYABLE TO: BILL NO. , , ,., ~ " IN SON PAYMENT CONSQL~ FlEi\t,J>llO~E!lTY. TAX ,LEVY
, ~ E 0 r: G E R .:. U I.~ '_1 Ii /\(>! PAGE. NO. u , () ~. 0 !
, 3 o 9~) (,,! /\ J r\! r,;'{)/,:U RtUsECltON 1
Uti THULU i\~ 'y' I , " i I . fj D~, q ACCT. NO. " "
FISCAL YEAR I WARRANT DATED I BANK CODE LEVY DESCRIPTION ABLE VALUE TAX RATE TAX AMOUNT
l.jlJ 1./!,;) - " . "'il ' "', I " ,/ Ii (I /!IO' I ":; U (.~ Fe:,!. 1< CUUN I'V T 6V , I UfJO ? ? ?h
,-,1\ ,
PROPEHIY Dt:SCRIPTION AND LOCArrON ';::UU THe)!. u T ()v,iN I P,X " " uuo , " b [) ~:;l 1
, , .'
fAX MAP NO. i .s ~~ () 'J ,II ! ," " , r 1 rljC~<'~C.:I_i I :3ChOO , 1 UUU .~: , I (~
'I ~ 1"1 , , "
,OCATION ~:) i! L) U t:.', ~-. i', " 'h'/', I I-~ 1< '[ !"It. I I 1 , iJ ( i< I. J I::', I: r'.. ,~:: \' ! 1 1,1 I:) f) I () t3 ,
" ~
llMENSIONS /'t.C ~~ t'; . , I"i, i' , ! l I '_1(::< J. r~: f. IJ " I " UfJU ! , 2-8 '::;') , DU U j , '. '.' s
, " '_J,)
ICHOOl DISTIlICT ~j .::> U ~.; 1"1. " , ! ! , " " :< , :-!':'" i"! /'. 'J i .! I I)r..::\ I' t.r:!< I,} J , " " UU I , , t~ /1 " U U~) UO ..:: ~J
) , ,
'ROPERTY CLASS , ;:, n "\ii,I(' " \i , , , 11"1'" , ...,,"jl\ rli"il'" \,/,,.- 'i- ,", ('< I " .:", , I ':;'fC" 1 I 01]1] T , , , :0 I U()U n
, " , '> ,
~ I!\ D '\';' r Fl, r :::i'J~:n, He ,.,~. (, ~
TOTAL ASSESSED VALUE IS: ,
...LULL
EXEMPTIONS APPUED ESTIMATED STATE AID - ;:.~\:, ~~ q3
fIJ 5 I!m '1';-\ 1~ ~,~ () '"
2 ,
JS ~ :) ,K4~ ~~
RECEIVER OF TAXES :J
'l, PD, 1/ -~ ( " f. , ,-..: 'J'f' " ,( , , 1\1' , , , , i. " " ,,) i () " "n TOWN OF SOUTHOLD
.
!"I " I ! ., , ", :< , " :>L I "-' .!.(jG ':__(,,"r,::';:'
OWNERS " i " I:; , , .. L: \,/') i\ " ;,,'-.'1(; i \/t' PAYMENT SCHEDULE ON TOTAL TAX AMOUNT DUE: --I- " " " ':<-:
'..1
NAME 1"'tU ~" Lrr I' r',' 'y 1 , i ,,, , AMOUNT G",'" , .1.'-' ) " ': , ~;'
& PENALTY
ADDRESS TOTAL DUE ',. "'" , ).:'.) , c
DATE DUE I , , (l',,' n' , , " "
r" I\i,",:'
i'l
DUPLICATE COpy
TAXES PAID BY CHECK ARE SUBJECT TO COllECTION
1lk- ~tO,U tJr 5;w'#r?! J
j)
J)
pgpers abstract, mc.
e
(800) 458-0915 (516) 325-0417
42 Mill Road . P.O. Box 896 . Remsenburg. New Yorl< 11960
TITLE NUMBER
7#- /y./o 9'1J
DATE
.:i ;: //~/.J'
FEE INSURANCE
010 hk1. ~
/
y
Premium
2 ,:)07. CJO
,
MORTGAGE INSURANCE
Premium
SURVEV/INSPECTION
STREET REPORT
eN.V. STATE TRANSFER TAX
MORTGAGE TAX (Mortgagee)
. MORTGAGE TAX (Mortgagor)
DEED(S)
MORTGAGE(S)
SATISFACTION(S)
11. /'1
.
e
TOTAL CHARGES $ _
/ (}~fyhZ-
~/f/J?{ q~
1/ 59r
J-t?;~ h
Rep'~sentlng
CHICAGO TITLE INSURANCE COMPANY
~~<z~ ~~~~=~~oo~~~z~
.
.
.
.
.
.
m - /4
JOHN CUSHMAN
Senior Accountant
ACCOUNTING'" FINANCE DEPARTMENT
Telephone (516) 765-4333
Fax (516) 765-1823
JEANNE RULAND
Data Control Supervisor
CENTRAL DATA PROCESSING
P. O. Box 1179, 53095 Main Road
SouthoJd, New York 11971-0959
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
October 31, 1994
To: Town Board
From: John Cushman ~
Subject: Open Space Capital Fund
Be advised that we have today received a check from the State of
New York in the amount of $180,000 representing reimbursement for the
purchase of the Mattituck Inlet Park. Said check has been deposited
into the Open Space Capital Fund as a State Aid revenue item and
makes a total of $1,297,343 available for the purchase of open spaces
as of this date.
cc: Jim McMahon
.
R
E
C
o
R
D
E
D
.
D
E
E
D
.
.
.~.
~~~J'"
~(
ut,/,
.if
.
1);<1 1000
,.. 099.00
n" 04.00
1,,1(,\: 001.0
.
II,
I
i
, :' It.
I
'l'!
r
" ~ "''' "U.~"" \
}'orm 8001" S-87-8M _IlIlT,II"llln nml R1I1~ 1J~~d, with C"v~n"ht RJ;Rh13t Onnt,,~'n Act~.,_lndlYld,,~1 nr (~n'J1nr"tlon
,
CONSULT YOUR LAWYER BEFORE SIGNING THI5 INSTRUMENT-THIS INSTRUMENT SHOUL6 BE UUD BY lAWYERS ONLY.
, ' )
~/2~K;'~,1 I
, 11622rL459
//
/'
THIS lNDENTlJRE, made the 23rd day of February. nineteen hlllidred-and' ninety-three
BE1WEEN MATTITUCK HOLDING CORP., a New York Corporation, with itA
principal offices and place of business at 476 Expressway
Drive South, Hedfonl, New York 11763,
party of the first part, and
TOWN OF SOllTHOLD, a municipal corporation
with offic~R at Main Road, Soutl1(Jld New Yn~k
11971.
HF&IV 0
$ -
HEM FS1^lE
"
to"~
,Woo,..
~a!j'~ll
M^R Jq Jg93
1I1^NSfEl11Al\ 1,'
parly of the second part, sUrrOl.K
WITNESSETH, thal the party of Ilw first pall,;ll (ol1sid('l: tiG-r, ,,[ L~9.U. rs fllHl othf't"
valuable consideration paid by the party of the second part, doeR
hereby grant and release unto the party of the second part, ~~~~,
the heirs or successors and BRsi_gns of tile pArty of tIle second pArt
1'II'!I'Il"'llWl\ll{wJllt'l<\ll\~,,'>!!lKX forever, J<"'k,,
~~R~~kl\~~~~~KHNW~MR~wkwkR~"~KOOR~J<KKx*~~~*"~"~~"R
}6KtXOSJ{1Il:K:Ju<l~tJI~tK Xlk the }{-'K/t,'X MfxtHIX M'Xl}(tJd )tlRllt ,{0l''R",('R,
AlJ... that certain plot, piece or parcd of hUlll, with tJlf' huildillgs and il1lprov('IlH'nls tlWf('nll ('H'Cft'll. .S;IU;1I(',
lyil1gand bdng*rnt-ltc at Mattituck Inlet, Mattituck, in the Town of Southold
in the County of Suffolk, State of New York, more particlJlarly
bounded and described as follows:
BEGINNING at a Inonument on the Rasterly side of 1.utller's Rond (Ii.stant
Northerly 247.36 feet as measured along the Easterly side of Luther's
Road from the intersetion of the Northerly side of Naugles Drive
(Road) with the Easterly side of Luther's Road, said monument being
also where the division line between the Southerly line of the
premises herein described and the Northerly line of lands now or
formerly of Dawn Estates, Inc. (formerly of Ward) intersects the
Easterly side of Luther's Road;
RUNNING THENCE along the Easterly side of Luther's Road North 0 degn:
47 minutes East a distance of 381.10 feet to a monument set in an
angle point in the road;
THENCE still along the Easterly side of Luther's Road North 18 degre(
43 minutes West a distance of 60 feet to tI,e Southerly side of Lallll
now or formerly of Mattituck Oil Co., Inc., now Town of Southold;
THENCE along the last mentioned land North 61 degrees 17 mirlutes ERS1
69.38 feet to a point in Mattituck Inlet;
THENCE througl1 Mattituck Inlet (Creek) on a tie line South 23 degree:
50 minutes 20 seconds East along a rock jetty, a distance of 152.65
feet;
THENCE the following three (3) courses and distances along the prese
mean high water mark of Mattituck Inlet (Creek);
1. South 44 degrees 31 minutes 40 seconds East, a distance of
66.38 feet,
2. South 36 degrees 55 minlltes 20 seconds East R distant ()f 49.77
feet, and
3. South 62 degrees 59 minutes 10 seconds East a disumce of 153.11
feet to l_and now or for!1\crly of Dawn Est:atps, lllC.
1\
"j'-'.
,.
.
.
.
TOGETHER with al1 right, title amI intNf'st, if l'lI1Y, of the Jll'lrl)' of Ihe first part in ;tml to :\IlY .sllf'.-:ts "wi
roads abutting the above descrihed premise.s to the celltc~ Hne.'l thereof,
TOGETHER with the apptJrlellllnCeS and ~1I the estate and rights of the party of the first pl'lrt in and to
said premises,
TO HAVE AND TO HOLD the premises herein /{rallled tlllto the party of the seC01I(1 pan, the h(';rs or
successors and assigns or the party of the secOI1(1 part forever.
..~
Af.{D the pari)' of the rlrst p:ut r.ovenants Ihat the Imrty of the first pari has lIot done or sllfTerf'tI anything
whereby the said premises have been incumbered in an}' way whatever, except liS lIforesaid.
AND the party or the first pnrt, in C0111pl;;\nce with Sf'ctioll 1.1 or the '~ien T..:!.w, rovenanls that 11lf' party nf
the first part will receive the consideration for this conv('yance and will hold the right to recf'ive Sl1ch comid-
eration as a trttst fund to he applierlfir.st lor IIIl": purpose of p,,}"in~ the cost of the improvenll"llt a11(1 will apply
the same first to the payment of the cost of the illlprOVell1l'rtt before lISillg- allY part of tJw h,l,,1 of the sarnt" fflr
any other purpose.
The word "parly" shall he CQllslrl1f'i! as if il r{'ad "parties" wlwuevcr Ill(' s('II.~e of Ihis illd('l1h1fe so n"lllirrs.
IN WITNESS WHEREOF, the party of the rl1'Sl part has dilly cxcClltcd this deed the drlY alld ycar first :lhov('
written.
1 N f'RESFNCE OF:
r,~-J2~
MATTI TUCK HOLDING CORP.
BY:-~~
O()nRld w. CuJ~en. Presi.deTlt
THENCE the followi.ng tHO ()) courses and distances along the lrmd
now or formerly of Dawn Estat:es, Inc.
1. Soutll 38 degrees J.4 nlinutes 00 seconds West, a distance of
61.33 feet, and
.
2. South 65 degrees 54 min\ltes 10 seconds West a distance of 310.~7
feet to the easterly side of Luther's Road, at the point or pIae
of BEGINNING.
This conveyance has been made witll the ullanimous consent in writing
of all of the shareholders of the party of the first part.
BEING and intended to be the saIne premises conveyed to the party of
the first part by deed deted 10/11/88, recorded on 12/27/88. in
Liber 10764, page 96.
/
/
.
'I
.
11 u~~'Vl~~
STATl Of HIEW YOlK. COUNTT OF
On Ule day of
persona.lJy ca.me
19
, bdore me all the 11ay of
personally came
19
. hdore me
Alti!IC\ iil'.
N -\I'
..> Jill"
---
c,J r,1 ~~\1
[[" \II! 01, 1.1
.
to me known to be the individual
e:x~uted the foregoing instrument,
exe<:uted the same.
described in and who
and acknowledged that
/
/
STATE OF NEW YOU:. COUNTY OF NASSAU II:
/JJC M#,.;/
On the Z~d:lay of F-eb-r-lfftry, 1993, before me
personally came Donald W. Cullen
to lIle known, who, being by me duly sworn, did depose and
say that he residl':$ at Nolf" rJ' 2-0'1,..1 AvE.. /
1L.e~~,vf!,.e"--41 tJ.;....v ry-tl-/(!.
that he is the President
of Mattituck Holding Corp.
. the corporation describrd
ill and which executed the; foregoing instrument; t~e
knuv.~ .the SlW--eNllid ttJI'fl'.,,:tt:v,". 11",1 t!..= ",-"I Alfixed
to ~ :1I",rrn,m.."l :" ,,~, '-"'".....Idh:: 3t:flll thllt it '''fill so
a1f'r~:l:'d hJ (H.cft:t-.-vr II..:;: b.......d ur-mr~dvl~ or ",,:d .....,...,pora-
t(oQ, and that he signed his name thereto by Hke order,
PF TIv I'?>P0A4 1i !)iru_f'o" 1 J""~
c,r J ~..,,;.., . / / / ,.- ??-'/.b "-
g ({ideM/j( ??jl/tU(
WllU^M e. PFEFfERLE
NOlllry f'uhllc, Slate ul New York
No,a:JS1730
O':'fll!ried III ~ufful!: c.,OlJntv 1//1
Comml"';IO/lI=~p'rf!~ 0".:: 31, HlI/L
.
jIIargRin anb jORl, m"b
Wtltl CoVr,NANl' A~P^tNSJ GR^NIOfl,S Acn
TInE No. 74r. IV!O ifJ"? _
MATTITUCK HOLDING CORP.
TO
TOWN OF SOUTHOLD
Di"rib"",/ ",.
fW
TICOR TITLE GUARANTEE
.
~
u
~
~
~
z
o
~
o
M
~
~
o
~
~
~
~
12
w
U
~
~
~
~
"
~
~
m
~
n: HATE OF H~ yoa.. COUHTY Of:
u:
to me known to he the ilHlividu:l1
e;l';N:uted the loregoing itlStnlmenl.
executed Ole same.
deseribed in ami who
and acknowledged thai
STATE OF NI'W YORK. COUNTY OF
SSl
On the d:lY or 19 . he fore lIIe
PNsonally came
the suhscribing witness to the foregoin~ ill5trlllllcnt, with
whom I am personally acquainted, who, heing hy lIlt' ,July
sworn, did depose and say that he resides at No.
that he knows
to he th~ intlivillual
described in and who executed the foregoing illslru,"~nt;
that he, sa.id subscribing witness, was present llnd saw
~xecute the same; and that he, said wihl~S5,
at the same time suuscribed h name as witness thereto,
District 1000
S!'ClION 099.00
BLOCK 04.00
LOT 001.000
COUNTY ~ Suffolk
TAX nrU.lNG ADDRESS .',
Recorded At Request 01 TlCQr TIll" OUflranlee Comfl~ny
aRTUItN BY MAIL TO:
HARVEY A. ARNOFF, ESQ.
Town Attorney
Town of Southold
Main Road
Southold, NY
Z;p No, 1197
u :1\1:~ \i
.
T
I
T
L
E
.
p
o
L
I
C
y
.
AlTA Owner's Policy
Policy of Title Insurance
ii~..
.
Issued By
o 111-145835
PAP 1280987
TRW Title Insurance lfoJ m @ rg u ~t~.,fii\
of New York Inc. IJI]J APR I 61SCJ3
.
TOWN ATTORNEY'S OFFICE
TOWN OF SOUTHOLD
SUBJECT m THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TRW Title Insurance of New York Inc., a New
York Corporation, herein calied 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 wili 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.
PAPERS ABSTRACT, INC.
42 Mill Road
Post Office Box 896
Remsenburg, New York 11960
516-325-0417
TRW Title Insurance
of New York Inc.
ATTEST
L~~,
President
~~df~
Secretary
.
Countersigned:
By ~;;;~ffice'O:Agent
Janey Anderson, President
3021-90
Rev TO/90
ALTA Owner's Policy
(1O-2H7)
Schedule A
OWNER TITLE iNSURANCE POLICY
.
SCHEDULE A
Policy No.
o
111-145835
File No.
PAP 1280987
Date of Policy:
March 1, 1993
Amount of Insurance:
$ 450,000.00
1. Name of Insured:
TOWN OF SOUTHOLD
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at date of policy vested in:
TOWN OF SOUTHOLD, who acquired title thereto by deed made by
MATTITUCK HOLDING CORP., dated February 23, 1993
.. The land referred to in this policy is described as follows:
SEE SCHEDULE "A" (description) ATTACHED
.
ii'1..
'J '.1 ' ,~,'j Ij'
Owner's Policy
Schedule B
OWNER TITLE INSURANCE POLICY
.
SCHEDULE B
Policy No. 0 111-145835
File No.
PAP 1280987
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise
by reason of:
(1) Rights or claims of parties in possession not shown by the pUblic records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
(3) Easements or claims of easements not shown by the public records.
(4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
.
(5) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or
assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record.
(6) Survey made by peconic Surveyors, P.C., dated December 9, 1992, shows
vacant land. Fire well encroaches on Luther's Road up to 5.2 feet.
Chain link fence encroaches on Luther's Road up to 3.8 feet. Rock
jetty along portion of easterly line. Wood bulkheads and chain link
fences. Chain link fence north of southerly line, no dimension
shown. Various pilings and vents.
(7) No title is insured to any land lying below the present mean high
water lines of Mattituck Creek.
(8) Except the right of the united States Government to establish harbor,
bulkhead or pier head or to change or alter any such existing lines
and to remove or compel the removal of fill and improvements thereof
(including buildings and other structures) from land lying below the
present mean high water mark of Mattituck Creek without compensation
to the insured.
(9) Except riparian rights and easements of others to and over Mattituck
Creek, but policy does not insure any riparian rights or easements
in favor of the owner of premises herein.
-continued-
.
Exception(s) number
- are hereby deleted from this schedule B.
220-90
-1III!IlI/it;1!!If,,';
!ff:#f~'''--;:'
SCHEDULE R
(Continued)
.
Policy Number:
File Number:
111-145835
PAP 1280987
(10) Except the right of the United States Government, The State of New
York, County of Suffolk, Town of Southold or any of their departments
or agencies to regulate and control the use of the piers, bulkhead,
land under water and land adjacent thereto.
(11) 1992/93 Town and School Taxes - second half.
.
.
~JO
ii~..
ALTA. OWNER'S POLICY
NEW YORK ENDORSEMENT
Iii....
.
Issued By
TRW Title Insurance
of New York Inc.
To be attached to and made a part of ALTA Owner's Policy (4-6-90)
Policy Number ~.J)ll] -14'iR35 (PAP 1280987)
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."
"(e) Provision is made in the rate manual of this company filed with the Superintendent of Insurance of the State of New York
for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for
in this sub-section shall this company be deemed to have insured the sufficiency of the instrument of conveyance or to have
assumed any liability for the sufficiency of any proceedings after the date of this policy."
3. Paragraph number 4 of the Exclusions From Coverage is deleted and the following paragraph is substituted in its place:
. "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 creditor's rights law, that is based on:
(i) the transaction creating the estate interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer; or
(iI) 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:
a. to timely record the instrument of transfer; or
b. of such recordation to impart notice to a purchaser for value or a judgment or lien creditor."
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements
thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,
nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof.
This endorsement shall not be valid or binding until signed by an authorized signature as designated below.
Signed this
1st
day of
March,
,19 93
TRW Title Insurance
of New York Inc.
4~
.untersigned:
By ~~:;"'~;Off;cerOrAg.nt
Janey Anderson, President
ATIEST
cJL;~ofk-)
Secrelary
2212
Rev 12191
Report 13-S (10180)
PAP 1280987
AMENDED 1-16-93
SCHEDULE A IDescription)
.
ALL that certain plot, piece 9r parcel of land, with the builpings and in;>provements thereon erected, situate, lying
and being at Matt~tuck Inlet, Matt~tuck, ~n the Town of Southold, ~n
the County of Suffolk, State of New York, more particularly bounded
and described as follows:
BEGINNING at a monument on the Easterly side of Luther's Road distant
Northerly 247.36 feet as measured along the Easterly side of Luther's
Road from the intersection of the Northerly side of Naugles Drive
(Road) with the Easterly side of Luther's Road, said monument being
also where the division line between the Southerly line of the premises
herein described and the Northerly line of lands now or formerly of
Dawn Estates, Inc. (formerly of Ward) intersects the Easterly side
of Luther's Road:
RUNNING THENCE along the Easterly side of Luther's Road North 0 degrees
47 minutes East a distance of 381.10 feet to a monument set in an angle
point in the road:
THENCE still along the Easterly side of Luther's Road North 18 degrees
43 minutes West a distance of 60 feet to the Southerly side of land now
or formerly of Mattituck oil Co., Inc., now Town of Southold;
THENCE along the last mentioned land North 61 degrees 17 minutes East
69.38 feet to a point in Mattituck Inlet;
.
THENCE through Mattituck Inlet (Creek) on a tie line South 23 degrees
50 minutes 20 seconds East and along a rock jetty, a distance of
152.65 feet;
THENCE the following three (3) courses and distances along the present
mean high water mark of Mattituck Inlet (Creek);
1. South 44 degrees 31 minutes 40 seconds East, a distance of
66.38 feet:
2. South 36 degrees 55 minutes 20 seconds East a distance of 49.77 feet,
and
3. South 62 degrees 59 minutes 10 seconds East a distance of 153.13
feet to land now or formerly of Dawn Estates, Inc.
THENCE the following two (2) courses and distances along the land now
or formerly of Dawn Estates, Inc.
1. South 38 degrees 14 minutes 00 seconds West, a distance of 61.33
feet, and
2. South 65 degrees 54 minutes 10 seconds West a distance of 310.47
feet to the easterly side of Luther's Road, at the point or place
of BEGINNING.
. FOR INFORMATION ONLY:
DISTRICT 1000
SECTION
099.00 BLOCK
04.00
LOT 001.000
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,
"rneys' 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 regula-
tions) 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; (iii) 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, lien 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.
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.
2
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.
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.
.
4.
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 against the named insured, those who succeed
to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors
(b) "insured claimant": an insured claiming loss
or damage.
(c) "knowledge" or "known": actual knowledge,
not constructive knowledge or notice which may be im-
puted 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 in-
clude 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
r other security instrument,
(f) "public records": records established under
state statutes at Dale of Policy for the purpose of impart-
ing constructive notice of matters relating to real property
to purchasers for value and without knowledge. With re-
spect to Section 1 (a)(iv) of the Exclusions From Coverage,
3021
CONDITIONS AND STIPULATIONS
"public records" shall also include environmental protec.
tion liens filed in the records of the clerk of the United
States district court for the district in which the land is
located.
(g) "unmarketabHity of the title": an alleged or ap-
parent matler affecting the title to the land, not excluded
or excepted from coverage, Which would entitle a pur-
chaser 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 con-
veyance of the estate or interest. This policy shall not con-
tinue in force in favor of any purchaser from the insured
of either (i) an estate or interest in the land, or (ii) an in-
debtedness secured by a purchase money mortgage
given to the insured.
3. NOTICE OF CLAIM TO BE
GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of 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 alt liabilityofthe Company shall terminate
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 tothe extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and sub-
ject to the options contained in Section 6 of lhese Condi-
tions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for 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 matter insured against by this
policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured 10 object
for reasonable cause) to represent the insured as to those
stated causes of action and shall not be liable for and will
not pay the fees of any other counsel. The Company will
not pay any fees, costs or expenses incurred by the in-
sured in the defense of those causes of action which allege
matters not insured against by this policy
(continued on inside back cover)
(b) The Company shall have the right, at its own
cost, to institute and prose9ute any action or proceeding
.dO any other act which in its opinion may be
sary or desirable to establish the title to the estate
terest, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any ap-
propriate 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 para-
graph, it shall do so diligently.
(c) Whenever the Company shall have brought any
action or interposed a defense as required or permitted
by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of compe-
tent 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 re-
quires 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 pro-
vide defense in the action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of 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 ac-
tion or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or pro-
ceeding, or effecting settlement, 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 de-
fend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
5. RROOF OF LOSS OR DAMAGE.
_addition to and after the notices required under
3 of these Conditions and Stipulations have been
ed 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 claim-
ant 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 de-
fend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such proof of loss or
damage.
In addition, Ihe insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall pro-
duce 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 memo-
randa, 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 permis-
sion, in writing, for any authorized representative of 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 per-
tain to the loss or damage. All information designated as
confidential by the insured claimant provided tothe Com-
pany pursuant to this Section shall not be disclosed to
others unless, in the reasonable judgment of the Com-
pany, it is necessary in the administration of the claim.
Failure of the insured claimant to submit for examination
_ath, produce other reasonably requested infor-
or grant permission to secure reasonably neces-
sa Information from third parties as required in this
paragraph, shall terminate any liability of the Company
under this policy as to that claim.
)21
CONDITIONS AND STIPULATIONS
(conJinued fwrn inside front cover)
6. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY.
In case of aclaim 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 in-
surance under this policy together with any costs, attor-
neys' 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,
aU 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 shaH be sur-
rendered to the Company for cancellation.
(b) To Pay or 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 in-
sured 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, attorneys' fees and expenses in-
curred 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 (if), the Com-
pany's obligations tothe 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 tOdefend, prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE,
This policy is a contract of indemnity against actual
monetary foss 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
to the extent herein described.
(a) The liability of the Company under this policy
shall not exceed the least of'
(i) the Amount of Insurance stated in Schedule
A; or,
(if) the difference between the value of the in-
sured 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 stated
in Schedule A at the Date of Policy is less than 80 per-
cent 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 in-
sured 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:
(1) 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 in-
surance at Date of Policy bears to the tota! value of the
insured estate or interest al 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 10 Ihe
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 Com-
pany is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A
(c) The Company will pay only those costs, attor-
neys' fees and expenses incurred in accordance with
Section 4 of 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 parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole, exclusive of any
improvements 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.
8. 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 toorfrom 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 mailer and
shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litiga-
tion 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 com-
petent jurisdiction, and disposition of alf 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' fees and expenses, shall reduce
the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insur-
ance under this policy shall be reduced by any amount
the Company may pay under any policy insuring a mort-
gage 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 refer-
red to in Schedule A, and the amount so paid shall be
deemed a payment under this policy tothe insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing
this policy for endorsement of the payment unless the
policy has been lost or destroyed, in which case proof of
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 Con-
ditions 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 shalt transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect this right of subroga-
tion. The insured claimant shall permit the Company to
(continued on back)
sue, compromise or settle in the name of the insured
.ant and to use the name of the insured claimant in
transaction or litigation involving these rights or
edies.
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 propor-
tion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claim-
ant, 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, guaran-
ties, other policies of insurance or bonds, notwithstanding
any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this
policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Com-
pany of the insured may demand arbitration pursuant to
.
CONDITIONS AND STIPULATIONS
(continued from inside back cover)
the Title Insurance Arbitration Aules of the American Arbi-
tration Association. Arbitrable matters may include, but
are not limited to, any controversy or 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 obliga-
tion. All arbitrable matters when the Amount of Insurance
is $1,000,000 or less shart be arbitrated at the option of
either the Company or the insured. All arbitrable matters
when the Amount of Insurance is in excess of $1,000,000
shall be arbitrated only when agreed to by both the Com-
pany and the insured. Arbitration pursuant to this policy
and under the Aules in effect on the date the demand for
arbitration is made or, at the option of the insured, the
Aules 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 Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbi-
tration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Com-
pany 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
POLICY OF TITLE INSURANCE
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 tothis
policy.
(c) No amendment of or endorsement to this policy
can be made except by writing endorsed hereon or at-
tached hereto signed by either the President, a Vice Presi.
dent, the Secretary, an Assistant Secretary, or validating
officer or authorized 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 pro-
visions 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 Com-
pany shall include the number of this policy and shall be
addressed to the Company at 6800 College Blvd., Suite
700, Overland Park, Kansas 66211.
TRW Title Insurance
of New York Inc.
.
6800 College alvd., Suite 700, Overland Park, Kansas 66211
Area Code 913 491.5585
.
P
R
o
P
E
R
T
y
.
R
E
C
o
R
D
S
.
.
\s,j-Q
,-~-
1
I""
/ QCi
jc/
/.5?
Zf>>7 Ju.flVI~UJm1Lt TQt. Map
~
/~/
/j"
~/~;::/
/
~
#
- .,~' MATTITlICK F'AIlK
OISTRICT
(~'.,'
19.1
11.2.(c1
MATTllUCl( P~RK DISTRICT
o
'n'jo-','-
..r,_
/
"
22.S-'lcl /
,/
--'
"
(' ~ ) (ii\
~,,\
'7
,
-
,"
-,.,.,
.~
Ji
))
~
/;--------'
/
/
!"
,
,,'
fORPCL.NO.
SEE SEC. NO.
106-09-003
MATCH
i'--
""
"
,
$,[[SEC.":>.l"'
-..
'JA-'-- RD. C.R.M
'rl'!r.~
'" COUNTY OF SUFFOLK CD
~,Reol Property Tax Service Agency
\~"'-_ ~l'N County cen\~_r,Ll,~',v[~~~eod, N y 1l,~~1
,,' fjJJi:/" '.,'
"""C"'-~"'''t' -", _
~r..'.t> '~'-' . ,
t, 'JE
"~
~ /~ N \ ,_
O'SI",Cl ~ 1000
"'" . SOUTHOLD
~f.,"l,,,," -
:JI~ 'f<,bJT
'''~'. v
VlHC, OF
,," Hei'
-",,,,,.
'''FeU'
o,T"'O)'""",,,,
OFA< ""0"L~t'
-
I
-i~
SECTION NO
099
PROPERTY M,
';~." j'i..! f / I .',i')J) .:j~l "'j
-'d: filF' '",'iel/"I Toolbat Heir,
~I - t-
1_lr;_,~Jt!..;JjJ~JUJJ/, j!('JJj'::,"~ Lj!jUJJ
1'J ~IEb
I~ ~ ~ ~I ~ ITi]lj II ~ W'i 'iJ
.
:99..4.1 473889 Southold Active RIS:8 School: IoIallituck School
T own of S outhold. Roll Year::2ll08He.t Yr lot llnicpl park IIIIlrft L."d AV: 11.000
5450 Breakwater Rd L.nd Size: 1.33 acres Tol.IAV: 11.000 I
Owner Tol"l: 1 T a.able Value Miscellaneous:
Narfle: T own of S outhold COllnly: 0 Book: 11622
Addl p.ddr: Murli: 0 Page: 459
Slreet 53095 Route 25 School: 0 Morlg:
PD Box; 1179 Bank:
Cily: Southold. NY Zip: 11971- Schl after Star: 0 Acel No: 14
Sale Tot.a!: 0 Site 1 of 1 land o of 0
Book P,.ge Sale Date ~3ale Price Ol/-mer Prpc1s: IoIuniepl park
Nbhd Cd 0
Se\.i.1er:
\A/ater:
" Ulilities:
E K~mplion Total: 1 Term Dwn Building: Section: Tol.l: 0
Code Amount Year Pet
13500 TOWN OWN E I 11.000 0 0
,:.'
~pecial 0 istric.! Tol.1:4 Value l .< I mproYEtment TOlal: ,0 '-
Code Units Pet TIpe t...1oveTa:-: Type N.me Dim1 Dirn2 SQFT Yr Buill
FD030 101 alliluek FD .00 .00 .00
PKOll 101 allitlJck Pari .00 .00 .00 ',' "
.
Double click to open a windolN
.
.
A
E
R
I
A
L
S
.
.
.
.
.
.
.
.
;. ",~..-:- - --~'"",="
'\. MattituC>>"ark Disl I
..
.
s
U
R
V
E
Y
.
.
'\
"'"
\,)
a
~"'"
\,)~
~o
"'"
-~
u."'"~
-"'".c.
o .c. IL
-~
'Z.~ ~
, 0
~o.
o
... Cl
o
o
~
.
Q
~
a
Q::
CI)
"-
Q::
~
~
-...J
"
.
.
-
'Z.
,
2
...:
~
FE""
.J.B'.'
Fe
0...."
'.............
~?
'10 ;------....c.
,?
.
VENT
-
I
5!.r
~
-;.
V:N~)
.
,
P'LlNGS
-,
. VENT
/
,I '/I
.' ,0
. &"
5 e&
~
,,~t~-
ff:.~
LI"Y
~~1~7
yr
SURVEY OF
PROPER T Y
AT MA TTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
1000 - 99 - 04 - 01
Scale 1" = 40'
DtIC. 9, 1992
1&1
~
()
()
,
....
....
.
()
()
~ VeNT ~1'
. . .
FND 9,0.
;e
I..'E
0.8'"
pI/O/f
IplC.
ESTATES
010 ",pi
,
~
lli
:!
AREA = 7.699.eres
CeRTIFieD TO'
TOWN OF SOUTHOLD
SeCURITY TITLe AND GUARANTY COMPANY
.
...
Cl'I
...:
()
...
~
Pr~ In _orllMo. witJJ",. . 1 ~
.,.".,. "". title -".,. ari",UbJ,.J-
b '1M L.LA.L.8. IIH ' '-'
~ .1IfIh u.. by ~:- I'i 8,.':fMtl
TI,Ie A..ooIatfon.
NAUGLES ROAD
BJ!J - aR!; .