HomeMy WebLinkAboutGillispie, Hope T & Alford, Diana~ x
Premises:
1000-20-1-2.2
(f/k/a 1000-20-1-p/o 2)
Baseline Documentation
36505 Main Road (Route 25)
Orient, New York
~ 20.0 acres
Development Rights Easement
HOPE T. GILLISPIE
(f/k/a Hope T. Whitsit, f/k/a Hope T. Terry)
and DIANA ALFORD
(f/k/a Diana W. Whitsit)
t0
TOWN OF SOUTHOLD
Deed dated October 5,1993
Recorded October 19,1993
. Suffolk County Clerk - Liber 11648, Page 728
SCTM #:
Premises:
Hamlet:
Purchase Price:
1000-20-1-2.2
(f/k/a 1000-20-1-p/o 2)
36505 Main Rd (Rt 25)
Orient
$270,000.00
(20.0 acres @ $13,500/acre)
Funding: Agricultural Land
Capital Funds
CPF Project Plan:
n/a
Total Parcel Acreage
Development Rights
Reserved Area:
Zoned:
Existing Improvements
25.338 acres
20.0 easement acres
5.338 acres
(SCTM #1000-20-1-20.1)
A-C
Per survey dated 8/16/93:
Easement area is farmland
that includes a small area of
woods in n/e corner; small
area of swampland and pond
along westerly boundary line
shared with adjacent
property owner.
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Description of the Site
and - -
Valuation Influences
•
The subject property contains one parcel of
land which,- at the present time,, consists of
approximately twenty-five acres.
The current road front-is approximately
three hundred. seventy-five .feet, which the owner
will betaking out with approximately five acres
of land including the house and woodland.
The owner will offer a Right-Of-Way to the
subject property being offered to the Town of
Southold Farmland Preservation Program.
The amount of frontage on Long Island Sound
is approximately four hundred forty. feet.
There is a small pond located in the middle
of the property with approximately one-half acre
of woodland which will be included in the offering
to the Town of Southold.
Currently the property is used for the growing
of vegetables.
The Long Island Soundfront has a low bluff of
approxiamtely thirty feet,.
The topography is open and level.
The only public utilities offered are
electric and telephone.
There are private wells.
There are private cesspools.
The subject is Zoned Residential-"R-80."
•
The ease of development would be rated as
fair, and. the desirability for homesites would be
rated as very good.
20.
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Soil Classification .
The soil is classified from the Suffolk County
Soil and Water Conservation District as follows:
Haven Loam
(HaA)
This soil has a 0~ to 2% slope..
This type of soil has a moderately course
textured surface layer and a medium textured
subsoil.
The Hazard of Erosion is slight.
This type of soil is extensively used for the
growing of crops.indiginous to the County.
Haven Loam soil is currently used for
housing developments.
21.
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View cif Ui_~ subjc~~ L hropcr:Y•
UiSLricL: IUU(I.
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District: 1000
Section: 020.00
Block: OT.00
I,ot: 002.000.
View of Route 25
looking west.
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A.
District: 1000
Section: 020.00
Block: 01.00
Lot: 002.000.
View of the center of
the subjcct property
looking to the north.
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B.
District: 1000
Section: 020.00
Block: 01.00
Lot: 002.000.
View of the center of
the subject property
looking to the south.
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District: 1000
Section: 020.00
Block: 01.00
Lot: 002.000.
View of the north
boundary of the
subject property
on Long Island Sound.
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JUDITH T. TERRY
TOWIJ CLERK
REGISTRAR OF VITAL STATISTICS
~~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 24, 1990:
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Southold Town Farmland Preservation Committee to engage
the services of Andrew Stype, at a total fee of $2,600.00, for the
purpose of conducting appraisals of the following properties:
Constance Terry-Hope Gillispie-Diana Alford
Tax Map #7000-20-1-2, Main Road, Orient, 20 acres
~'
Dr. Calvin Rasweiler
Tax Map #1000-129-7-1, Laurel Lane, Laure, 57 acres
Barry Berkman
Tax Map #1000-94-3-3, n/s Oregon Road, Mattituck, 30 acres
Barry Berkman
Tax Map #1000-95-3-3.3, s/s Oregon Road, Mattituck, 38 acres
G~~ ~~~a~ --~ ~~~~
Judith T. Terry
Southold Town Clerk
April 26, 1990
C
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
~oc~~FFOIK~oGy<
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1 179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 8, 1992:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, to
conduct an appraisal, at a total fee not to exceed $400.00, of the property
of Hope T. Gillispie and Diana Alford, Tax Map No. 1000-20-1-2, in Orient,
a total acreage of approxin'iately 20 acres, for possible purchase under the
Farmland Preservation P.-ogram; this appraisal will update one previously
made by Mr. Stype in 1990 on this same parcel.
Judith T. Terry
Southold Town Clerk
September 9, 1992
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JUDITH T. TERRY
• TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
~~~FFOIk~~G`
~~0~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main R
P.O. Box 1179
Southold, New York 119'
Fax (516) 765-1823
Telephone (516) 765-18C
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 22, 1992:
RESOLVED that the Town Board of the Town of Southold hereby sets 4:35
P.M., Tuesday, January 19, 1993, Southold Town Hall, Main Road,
Southold, New York, as time and place for public hearing on the question
of the Acquisition of Development Rights in the Agricultural Lands of the
following properties:
S. Hope T. Gillespie and Diana Alford, north side Main Road (Route 25),
• Orient, Tax Map No. 1000-20-1-2, 20 acres, $13,500.00 per acre, for
a vital of $270,000.00.
2. Catherine Simicich, south side Bergen Avenue, Mattituck, Tax Map
No. 1000-113-7-19.22, 30 acres, $10,000.00 per acre, for a total of
$300,000.00.
3. Spectacle Ridge, Inc., southeast side Oregon Road, Cutchogue, Tax
Map No. 1000-84-1-p/o 2, 18.7918 acres, $9,976.00 per acre, for a
total of $187,467.00.
G~~E~G%'~4/ /~e~~'" "ice
Judith T. Terry (/
Southold Town Clerk
December 23, 1992
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LEGAL NOTICE
NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY GIVEN that pursuant to the provisions of The
Agricultural Lands Preservation Law of the Town of Southold, constituting
Chapter 25 of the Southold Town Code, the Town Board of the Town of
Southold will hold a public hearing on the 19th day of January, 1993, at
4:35 P.M., at the Southold Town Hall, Main Road, Southold, New York,
on the question of the acceptance of options for the acquisition, by the
Town of Southold, of the development rights in the following parcels of
agricultural lands, to wit:
1. A parcel of land owned by Hope T. Gillespie and Diana Alford,
comprising approximately 20 acres, located on the north side of Main Road
(Route 25), Orient, New York.
2. A parcel of land owned by Catherine Simicich, comprising
approximately 30 acres, located on the south side of Bergen Avenue,
Mattituck, New York.
3. A parcel of land owned by Spectacle Ridge, Inc., comprising
approximately 19 acres, located on the southeast side of Oregon Road,
Cutchogue.
FURTHER NOTICE IS GIVEN that option agreements between the
owners of the above described parcels of land and The Town of Southold,
containing a more detailed description of the above mentioned parcels of
land, are on file in the Southold Town Clerk's Office, Southold Town Hall,
Main P.oad, Southold, New York, and may be examined by any interest.:cl
personsduring normal business hours.
DATED: December 22, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
~ . x
PLEASE PUBLISH ON JANUARY 7, 1993, AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN
H LL, M IN RO SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Traveler-Nlatchman
The Suffolk Times
Town Board Members
Town Attorneys
Land Preservation Committee
Hope T. Gillespie E Diana Alford
Catherine Simicich
Spectacle Ridge, Inc.
Town Clerk's Bulletin Board
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PUBLIC HEARING
SOUTHOLD TOWN BOARD
January 19, 1993
4:35 P.M.
IN THE MATTER OF THE
ESTION OF THE ACCEPTANCE OF OPTIONS FOR
THE ACQUISITION, BY THE TOWN OF SOUTHOLD, OF THE DEVELOPMENT RIGHTS
IN THE PARCELS OF AGRICULTURAL LANDS OWNED BY HOPE T. GILLISPIE
AND DIANA ALFORD IN ORIENT, NEW YORK, AND CATHERINE SIMICICH IN
MATTITUCK, NEW YORK, AND SPECTACLE RIDGE, INC. IN CUTCHOGUE, NEW
YORK.
• Present: Supervisor Scott L. Harris
Councilman George L. Penny IV
councilman Thomas H. Wickham
;'Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Absent: Justice Raymond W. Edwards (out-of-town)
SUPERVISOR HARRIS: The second public hearing of the afternoon, a public
hearing in relation to acquisition of Development Rights, property of Agricultural
Lands on certain properties within the Town of Southold. Councilman Lizewski
will read proof of verification and publication of such.
COUNCILMAN LIZEWSKI: "Notice is hereby given that pursuant to the provisions
of the Agricultural Lands Preservation Law of the Town of Southold, constitutinry
Chapter 25 of the Southold Town Code, the Town Berard of the Town of Southold
will hold a public hearing on the 19th day of January, 1993, at 4:35 P.M., at
the Southold Town Hall, Main Road, Southold, New York, nn the question of
the acceptance of options for the acquisition, by the Town of Southold, of the
development rights in the following parcels of agricultural lands, to wit:
7. A parcel of land owned by Hope T. Gillispie and Diana Alford, comprising
approximately 20 acres, located on the north side of Main Road (Route 25), Orient,
New York.
• 2. A parcel of land owned by Catherine Simicich, comprising approximately
30 acres, located on the south side of Bergen Avenue, Mattituck, New York.
Pg 2 - PH Development Rights
•
3. A Parcel of land owned by Spectacle Ridge, Inc., comprising approxi-
mately 19 acres, located on the southeast side of Oregon Road, Cutchogue.
FURTHER NOTICE IS GIVEN that option agreements between the owners
of the above described parcels of land and the Town of Southold, containing
a more detailed description of the above mentioned parcels of land, are on file
in the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold,
New York, and may be examined by any interested persons during normal business
hours. Dated: December 22, 1992. Judith T. Terry, Southold Town Clerk."
I believe it has been posted on the Bulletin Board. There was proof of publica-
tion in both The Watchman, and Suffolk Times. That's it.
SUPERVISOR HARRIS: At this time, are there any members of the audience,
that would like to speak in reference to the acquisition of development rights
on these parcels? Would you come forward, and state your name for the record,
please?
HOPE GILLISPIE: I'm Hope Gillispie. Will the taxes on that parcel, if accepted,
be reduced?
SUPERVISOR HARRIS: To answer your question, there is an Assessor, who
just happens to be sitting in the back of the room.
ROBERT SCOTT: The assessment on the property will be reduced by SO o, the
• corresponding taxes will be reduced also.
SUPERVISOR HARRIS: Are there any other questions in reference to this?
HOPE GILLISPIE: I'm not sure of the limitations in development rights as to
the future of that land. There's very little land left to be farmed in Orient,
as you know. When the current farmer is no longer farming, then what are the
restrictions on the land for an alternative method of agricultural use?
SUPERVISOR HARRIS: That's the question. That is exactly what the Board
has been dealing with, with alternative uses, other than agriculture for these
properties, and it's obvious, that most of these properties, that have gone into
development rights have had a lot of careful consideration behind them before
they have been entered into contract by the Town of Southold. Art Ross in
the Land Preservation Committee diligently works to make sure that bonafide
agricultural operations continue on these properties, that they're ongoing to begin
with, and that there's something that's sound, when it comes to the future, so
that is part of deliberations, just one of many, many things, that they explore
in the acquisition of development rights throughout the township.
HOPE GILLISPIE: For instance, if there's nobody to farm, does this restrict
for instance, fencing if you want to?
SUPERVISOR HARRIS: If you wanted to do horses for instance, horse breeding
is an agricultural use under Section 305, so certainly you could do that. It would
not preclude that use at all.
C~
Pg 3 - PH Develpment R'^hts
• HOPE GILLISPIE: Thank you.
SUPERVISOR HARRIS: Is there anybody else, that would like to speak in
reference to this? (No response.) If not, I'll declare this public hearing closed.
~f~
Judith T. Terryi/~ (/
Southold Towrr Clerk
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JUDITH T. TERRY
• TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
C~
,gO5V1; r ut~C~Gy~
t°n .~T'
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Ro;
P.O. Box 1179
Southold, New York 11971
Fax (516)765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 22, 1992:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute Agricultural Development
Rights Acquisition - Option Agreements for the following three parcels, all
in accordance with the approval of the Town Attorney:
1. Hope T. Gillispie and Diana Alford, north side Main Road (Route 25),
Orient, Tax Map No. 1000-20-1-2, 20 acres, $13,500:00 per acre, for
a total of $270,000.00.
2. Catherine Simicich, south side Bergen Avenue, Mattituck, Tax Map
No. 1000-113-7-19.22, 30 acres, $10,000.00 per acre, for a total of ;
$300,000.00.
3. Spectacle Ridge, Inc., southeast side Oregon Road, Cutchogue, Tax
Map No. 1000-84-1-p/o 2, 18.7918 acres, $9,976.00 per acre,. for a
total of $187,467.00.
JG~.. Terr'
Southold Town Clerk
December 23, 1992
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OPTION AGREEMENT
THIS AGREEMENT made this 22nd day of December, 1992 between HOPE
T. CILLISPIE and DIANA ALFORD, residing at Main Road, Orient, New York,
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 ($10.00) dollars, paid by the
Optionee, receipt of which is hereby acknowledged, the Optionor does hereby
• give and grant to the Optionee the exclusive option, right and privilege to
purchase the Development Rights, as authorized by Section 247 of the New
York State General Municipal Law for the premises at North Side of Main Road
(Route 25) Orient, New York, SCTM # 1000-20-1-2.
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 a cceptance of this option, as required and provided in Section
25-40 of 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 su ch hearing within 45 days from the
date hereof, the Optionor shall have the right to terminate this option by
giving written no tice of termination to the Southold Town Clerk.
•
• 3. The total purchase price shall be $270,000.00 ( 20 acres at
$13,500.00 dollars per acre of land), 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 tl~e Optionee and sent by registered or certified mail prior to the
expiration date, to the Optionor at its address set forth above.
6. The deed conveying the Development Rights in 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
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this agreement the day and year first above written.
sy:
~~ OPTIONOR '~
•
• STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On this 22nd day of December, 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 SOUTHOLD, 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 singed his name thereto by like order.A
' Ci Notary Public
MATIHEWG.KIa1NAN
Notary PubLe.>~e of New York
• STATE OF NEW YORK) „0,~~,y
s s : ~ ~gMarch 6, 7993
COUNTY OF SUFFOLK) ~~
On the ~~day of ~.90/..-~- 1993, before me personally came
same.
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
Notary Public
MATI}IEW 4. KIERNAN
Notary ~~t Nev+York
Ove<illedNSullolk 993
Caan6ssion ~
On the day of 1993, before me personally came
DIANA ALFORD to me known to be the individual described in and who
• executed the foregoing instrument, and acknowledged that she executed the
same.
HOPE T. GILLISPIE to me known to a the individual described in and who
executed the foregoing instrument, and acknowledged that she executed the
Notary Public
A-,~A~L~~~~W
~w~O~~E-~~-+0~
• • •
• JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
•
~oc~~FFOLK~~G~
~_ ~
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OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Roar
P.O. Box 1179
Southold, New York 11971
Fax (516) 7b5-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 2, 1993:
WHEREAS, the Town Board of the Town of Southold entered into an option agreement
with Hope T. Gillispie and Diana Alford for the purchase of the development rights
in their agricultural lands; and
WHEREAS, the Town Board held a public hearing with respect to said option on the
19th day of January, 1993, pursuant to the provisions of Section 2~-4 of the
Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold
acquire the development rights in the agricultural lands set forth in said option
agreement with Hope T. Gillispie and Diana Alford; now, therefore, be it
RESOLVED that the Town Board hereby elects to exercise the option to purchase
the development rights in the aforesaid agricultural land owned by Hope T. Gillispie
and Diana Alford, comprising approximately 20 acres, located on the north side of
Main Road (Route 25), Orient, New York, Tax Map No. 1000-20-1-2, at $13,500.00
per acre, fora total of $270,000.00; and be it
FURTHER RESOLVED that the Town Clerk be and she herek;y is authorized and
directed to give notice of such acceptance to Hope T. Gillispie and Diana Alford;
and be it
FURTHER RESOLVED that the Supervisor be and he hereby is authorized and
directed to execute any and all required documents for the acceptance of said
development rights.
Judith T. Terry
Southold Town Clerk
February 3, 1993
• • ~
• CLOSING STATEMENT
HOPE T. GILLISPIE f/k/a Hope T. Whitsit, f/k/a Hope T. Terry
and DIANA ALFORD f/k/a Diana W. Whitsit
to TOWN OF SOUTHOLD
Development Rights Easement - 20.0 acres
Total Parcel Acreage - 25.338 acres
Reserved Area - 5.338 acres
Premises: 36505 Main Road (Route 25), Orient
SCTM #1000-20-1-2.2 (f/k/a 1000-20-1-p/o 2)
Closing took place on October 5, 2005
Purchase Price of $ 270,000.00 disbursed as follows:
Payable to Diana Alford $ 134,385.00
Check #025027 (10/5/93)
Payable to Hope T. Gillispie $ 134,385.00
• Check #025028 (1015/93)
Payable to William H. Price, Jr. (attorney) $ 1,230.00
Check #025030 (10/5/93)
Expenses of Closing:
Appraisal
Payable to Andrew D. Stype Appraiser $ 650.00
Paid prior to closing
Updated Appraisal
Payable to Andrew D. Stype Appraiser $ 400.00
Paid prior to closing
Title Report
Payable to Commonwealth Land Title Ins. Co. $ 1,402.00
Check #025029 (10/5/93)
Fee insurance $ 1322.00
• Recording deed $ 80.00
•
Scott Harris
Harvey A. Arnoff, Esq.
William W. Price, Jr., Esq.
Hope T. Gillispie
Joan Dixon
Southold Town Supervisor
Attorney for Town of Southold
Attorney for Seller
Seller and
Power of Attorney for Diana Alford
Title Company Closer
•
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025027
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October 5, 1993 025027 $134,385.00
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H1.8686.4 100593 Farmland PReservation $134,385.00
Diana Alford
•
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025028
. October 5, 1993 025028
- Hope T. Gillispie
.a:'+fV H4iICNAL BANK
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$134,385.00
~~'O25O28ii' ~:0 2 140 5464~: 63 000004 Oii•
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H1.8686.4 100593 Farmland Preservation $134,385.00
~~
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• October 5, 1993 025030 $1230.00
t ~ "~;~ + £
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f f f! .` ~ v F s~ y ;r s ~s ,
William H. Price, Jr.
828 Front Street
PO Box 2065 ~') 1 '
Greenport, NY 11944 ---
i~'025030n' r0 2 140 5464~: 63 000004 Oii'
Vendor 1116608
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H1.8686.4 100593 Gillispie/Alford to
Town of Southold $1230.00
~~
__ --- -
- ,,_
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
~oc~~FfOLK~OG`
c=°r+_ _
.0~.
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 24, 1990:
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Southold Town Farmland Preservation Committee to engage
the services of Andrew Stype, at a total fee of $2,600.00, for the
purpose of conducting appraisals of the following properties:
• Constance Terry-Hope Gillispie-Diana Alford
Tax Map #1000-20-1-2, Main Road, Orient, 20 acres
Dr. Calvin Rasweiler
Tax Map #1000-129-1-1, Laurel Lane, Laure, 57 acres
Barry Berkman
Tax Map #1000-94-3-3, n/s Oregon Road, Mattituck, 30 acres
Barry Berkman
Tax Map #1000-95-3-3.3, s/s Oregon Road, Mattituck, 38 acres
Judith T. Terry
Southold Town Clerk
April 26, 1990
C 1
• JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
ooc~~EFOIKCOG~
N ~
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OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 8, 1992:
•
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, to
conduct an appraisal, at a total fee not to exceed $400.00, of the property
of Hope T. Gillispie and Diana Alford, Tax Map No. 1000-20-1-2, in Orient,
a total acreage of approximately 20 acres, for possible purchase under the
Farmland Preservation Program; this appraisal will update one previously
made by Mr. Stype in 1990 on this same parcel.
Judith T. Terry
Southold Town Clerk
September 9, 7992
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~~ COMMONWE,gLTH LAND
TITLE INSURANCE COMPANY
• A Rrli.uue Gruup Hulding+Cunyl.ury
209 West Main $Irect • Riverhead, N Y 11901
(516) 2J1-6666. (S16J 727~776u
GATE: ~y-~J'q~J
TITLE NO.: 1~3~ ~/
COUNTY: ~u~~a1'K
29920
DUE THE COMPANY FOR SEARCH AND EXAMINATION I
OF TITLE 70 PREMISES:
TITLE CLOSE`O ON ~~~..5 t~C~
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RECEIPTS
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CASHI
TOTAL
MOR TCAGE INSUfInN C~E I3 I
__ _f_EE INSURANCE-IS~O3OC0 1
suRVCY
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RUILDINC DEPT. SEARCH
MORTGAGE TA%
RECORDING MORTGAGE
R EC OR ^INC DEED OG
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RECORDING SATISFACTION
RECORDING RELEASE
FILING O.IA.
REV ENUE STAMPS
AGENCY FUNDS
ESCROW SERVICE CNARCE
TOTAL ~,~oa oa.
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a.:'iiV !~.e fIONAL BANK
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October 5, 1993 025029 $1402.00
i s k ! " r i- £
.4s"!~ ~~ ., , ~~ ~ ~~ ~+~
'_ ~ Commonwealth Land & Title Insurance Company. ~~ 1 ,
. ..__= 611 E Main Street - - ,_
„c PO Box 419 ~ _:' ~„ ; - • _
Riverhead, NY 11901
i~'025029ii' ~:02i405464~: 63 000004 Ou'
_..;., Vendor 113349 _
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H1.8686.4 100593 Gillispie/Alford to
Town of Southold $1402.00
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5 - Real Pr operty Tax Scrvi cc Agency Ver ification 6 ` Title Company Information
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9~` Suffolk County Recording & Endorsement Page
This page forms part of the attached ice ~"~ made by:
(Deed, Mortgage, etc.)
1~otp~Z-. C~s~\~~p~e ~-K-'t~ ~h\~s~~ The premises herein is situated in
~-K-~T~
Try 4 SUrFOLK COUNTY, NEW YORK.
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.J ~ahc, Q\'t OCC~ ~-K-h ~_JIC n411.~. V-]h,l S\
TO In the TOWN of ~~~a~~~~~
In the V1I,LAGE
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~ ~, ~4.o\c~ or HAMLET of ~~r~er~
- R X93- ~33~3
~~ ~~~~'
• ~r,S` DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made this ~ ~~ day of October, 1993,
BETWEEN HOPE T. GILLISPIE, f/k/a Hope T. Whitsit, f/k/a Hope
T. Terry, residing at Main Road, Orient, New York, and Diana Alford,
f/k/a Diana W. Whitsit, residing at 19 Cullinane Drive, Marlborough,
Mass., referred to collectively as party of the first part, 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,
\0~0 Town of Southold, County of Suffolk and State of New York, party of the
S~ second part.
• ~~,o .oo
~~~
" WITNESSETH
0.00
~.o~"
~- That the party of the first part, in consideration of ten ($10.00)
002.. ooZ dollars, lawful money of the United States, 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, its successors and assigns forever, the DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by
Section 247 of the New York State General Municipal Law, as amended, to
permit, require or restrict the use of the premises exclusively for
agricultural production as that term is presently defined in Chapter 25
of the Code of the Town of Southold, and the right to prohibit or
• restrict the use of the premises for any purpose other than agricultural
production, to the property described as follows:
• ALL that certain plot, piece or parcel of land, situate, lying and being at
Orient, in the Town of Southold, County' of Suffolk and State of New York,
more particularly bounded and described as follows:
BEGINNING at the southeasterly corner of the premises herein
described and the westerly line of land of Joyce Terry distant
westerly and northerly the following two courses and distances from
the corner formed by the intersection of the westerly side of
Greenway East and the northerly side of Main Road - NY 25:
1) Westerly along said northerly side of Main Road - NY 25, 779.44
feet to a monument; and
2) North 11 degrees 05 minutes 00 seconds West, 596.28 feet to the
true point or place of beginning.
RUNNING THENCE North 11 degrees 05 minutes 00 seconds West along
said westerly .line of land of Joyce Terry, 2055.43 feet to the
ordinary high water mark of Long Island Sound;
THENCE South 77 degrees 16 minutes 50 seconds West along the
ordinary high water mark of Long Island Sound, 450.82 feet to land
of Frank Helminski;
THENCE South 12 degrees 33 minutes 50 seconds east along said land
of Frank Helminski and later along land of Lloyd Terry, 2052.44 feet
to land reserved by the party of the first part;
• THENCE North 77 degrees 35 minutes 30 seconds East, along said
reserved area, 397.72 feet to the point or place of BEGINNING.
TOGETHER with the non-exclusive right, if any, of the party of the first part
as to the use for ingress and egress of 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, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted
unto the party of the second part, its successors and assigns forever.
AND the party of the first part covenants that the party of the first
part has not done or suffered anything whereby the said premises have been
• encumbered in any way whatever, except as aforesaid. The party of first
part, as a covenant running with the land in perpetuity, further covenants and
• agrees for the party of the first part, and its heirs, legal representatives,
successors and assigns of the party of the first part, to use the- premises on
and after the date of this instrument solely for the purpose of agricultural
production.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production" as defined in Section 25-30
of Chapter 25 of the Southold Town Code is as follows:
"Agricultural Production - shall mean the production for
commercial purposes of crops, livestock and livestock
products, but not land or portions thereof used for
processing or retail merchandising of such crops, livestock
or livestock products. Land used in agricultural
production shall also include fences, equipment .storage
buildings, livestock barns, irrigation systems, and any
• other structures used exclusively for agricultural
purposes."
i
The party of the first part and the party of the second part do hereby
covenant and agree in perpetuity that either of them or their respective
heirs, successors, legal representatives or assigns, shall only use the
premises on and after this date for the purpose of such agricultural production
and the grantor covenants and agrees that the underlying fee title may not be
subdivided into plots by the filing of a subdivision map pursuant to Sections
265 and 277 of the Town Law and Section 335 of the Real Property Law, or
any of such sections of the Town or Real Property Law or any laws replacing
or in furtherance of them.
The word "party" shall be construed as if it reads "parties" whenever
the sense of this indenture so requires.
•
• !N WITNESS WHEREOF, the party of the first pari has duly executed this
deed the day and year first above written.
K ~ 2lra-`.~ f (~
~~ l CIL~ SPIE -F ~ ~.
~,~ ~°~ 7- ~er/ y
' DIANA FORD rY~/a'lira /,/~,~"
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
• On the 5th day of OctobP: , 1993 before me personally came Hope T.
Cillispie, f/k/a Hope T. Whitsit, f/k/a Hope T. Terry to me known to be the
individual described herein and who executed the foregoing instrument; and
acknowledged that she executed the same.
~~-
\ otar Pu lic
JOAN DIX:;V
NpTARY PUBLIC, Stall of New Yo,
No. 52-4720150, Suffolk Cc;•ep.3r
Term Expires, Abawb.~p,.yp_
~t-3o-qy
•
11~48P~'728
•
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On the 5th day of October, 1993, before me personally came Hope T.
•
J
Cillispie, f/k/a Hope T. Whitsit, f/k/a Hope T. Terry residing at no number,
Orient, New York 11957 to be the individual described in, and who executed
the foregoing instrument, and to me known to be the Attorney-in-Fact of
Diana Alford, f/k/a Diana W. Whitsit, the individual described in, and who
by her Attorney-in-Fact executed the same, and acknowledged that she
executed said instrument as the act and deed of said Diana Alford f/k/a Diana
W. Whitsit, by virtue of a Power of Attorney dated September 21, 1993 and
intended to be recorded in the office of the Clerk of the County of Suffolk
simultaneously herewith and who also swore before me that the said Diana
Alford, f/k/a Diana W. Whitsit was still alive and has not revoked the said
Power of Attorney.
~ ~, ~
~., ~'.i l~- ~
Not~y Public
JOAN Dfa~;a
NOTARY PUBUC, Stole 04 IJnx• Yer:~
No. 52-4720150, SuKelk Cc_v:;g
Term e'soires, hlersFrc",6„-13~_
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R~~occ~ . ~aZ~uty1
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Sou~`hc~c, ~ ny 11Q'j~
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•
•
•
OWNER'S POLICY OF TITLE
ISSUED BY
® Commonwealtl
Land Title Insurance
vF:
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 oC
I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketabilily 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 oC the title, es insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WIiEREOF, COMMONWEALTH LAND TITLE INSURANCF. COMPANY has caused its corporals name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized omcer or agent n( the
Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
t 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'
lets or expenses which arise by reason of
L (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 oC 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
governmemal regulations, except to the extent that a notice of the enforcement Thereof or a notice of n de(ecL lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public rewrds at Dale oC Poliry.
(b) Any governmental police power not excluded by (a) above, except to the extent That a notice of the exercise thereof or a notice oC a
defect, lien or enwmbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records al Date
of Policy.
2. Rights of eminent domain unless notice oC the exercise thereof has been recorded in the public records at Date oC 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 (or value without
knowledge.
3- Defects, liens, encumbrances, adverse claims or other matters:
(a) created, sulTered, 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 o[ Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value (or the estate or interest insured
by this policy.
4. Any claim, which arises out of [he transaction vesting in the insured [he estate or interest insured by this policy, by reason of the oDera[ion of federal
bankruptcy, state insolvency, or similar creditors' rights laws.
ALTA Owner's Policy (4-6-90)
Form 1171-1 Face Page
Valid Only 1( Schedule A, B and Cover Are Attaches
SCHIDULE A
~l7NP OF INSURANCE:
DATE OF EflLICY:
$ 270,000.00
10/05/93
POLICY N0.
TITLE NO
166-007100
1. NAME OF INSURID:
TddN OF SOUTHOLD
RH9313 38
2. THE ESPATE OR INPERESI IN THE LAND WHICH IS COVERED BY THIS FIOLICY IS: DEVEIJJPMENI' RIGI3PS
3. TITLE TO THE ESPATE OR INPEREST IN THE LAND IS VESPED IN:
Deed of development rights made by HOPE T GILLISPIE F/K/A HOPE T
WHITSIT F/K/A HOPE T TERRY ANJ DIANA ALkORD'F/K/A DIANA W WHITSIT to
• the INSURID dat¢1 10/5/93 and duly recorded in ..the Office of the
Clerk for the Ccxanty of Suffolk.
4. THE L,ArID REFERRID TO IlV THIS fI)LIC'Y IS DESCRIBID TIQ SAID INSTRUMENP, IS SI`IUATID IN THE
~[JN'IY OF SUFFOLK, SPATE OF NEW YORK, AMID IS IIJENPIFIED AS FLOWS:
SEE SCHIDULE "A" ATTACHED
•
Counters
C~
SCIIB•DULE B
EXCEFPIONS FROM OVERAGE
R~LICY NO.
FILE NO.
166-007100
RH931338
This policy does not insure against loss or damage (and the Company will not
pay costs, attorneys' fees or expenses) which arise by reason. of:
1. Original contract of sale Host be presented at, or prior to, closing.
2. No title insura~l to any lands nc~a urxler the waters of Long Island Sour3d.
3. Subject to the rights of the public to navigate the waters of Long Island Sound.
4. Subject to the Riparian rights of others fronting on Lor~g Island Sourd.
5. Riparian rights of the a~ners o~ the subject premises are not insured.
6. Rights of the Governmental Authorities to irrprave navigation and change bulkhead
lines without canpvnsation to upland owners.
7. Survey made by Roderick Van Tuyl, P.C„ date3 August 16, 1993 shows premises as
unimproved vacant land. a) Swamp-pond straddles record west line. No other
variations.
8. Unpaid water charges to date, if any.
9. Rights or claims of parties other than InsurFxl in actual possession of any or all
of the property.
•
OOMNDNslEALTH LAND TITT.E INSURANCE NMPANY
• SPADIDARD NEW YORK EDIDORSEMENT
OWNER'S I~LICY
To be attached and made a art of Policy Number: 166-007100
1. The following is added to the insuring provisions of the face lxage of this policy:
"5. Any statutory lien. for services, labor or materials furnished prior to the date hereof,
and which has naa gainal or which may hereafter cyuin priority wer the estate or interest
of the insured as shown in Schedule A of this policy."
2. The follcxving is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d), If the recording date of the 9nstriurents creating the insured interest is later than the
policy date, such policy ,Shall also cover inteevening liens or er~unbrances, except real
estate taxes, assessments, water charges arx3 seer rents."
3. Paragraph Nu[rber 4 of the Exclusions Fran Coverage is deletod 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 insolverx;y, 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 cormeyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being c~emed
a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument o8 transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or
lien creditor."
Nothing hereincontain~l shall be construed as extending or changing the effective date of said
policy, unless otherwise expressly stated.
This erdorsemrnt is made a part of the policy and is subject to all the terms and provisions
thereof arx3 of any prior endorseicents tnereto, 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 amr>unt of insurance,
Da tad: 10/05/93 ~MM)Nn7EALTH L.A1~ID TITLE IlVSURANCE COMPANY
VICE PRESIDENP AMID BRANCH GER
CIDMNDNpIEALTH LAND TITLE INSURANCE ~MPANY
• TITLE NO. RH931338
SCHIDULE A
THE A2II~fISES IN WHICH THE INSURED HAS THE ESTATE OR INPEREST COVERED BY THIS R~LICY
Acrerzled: 9/3/93
ALL that certain. plot, piece or parcel of land, situate, lying ar~d being at Orient, in
the Town of Southold, County of Suffolk and State of New York, more ~rticularly
bourrled and described as follows:-
BEGINNING at the saztheasterly corner of the pranises herein described aril the
westerly line of lard of Joyce 'I~rry distant westerly and northerly the fallan=ing two
courses and distances from the corner fonred by the intersection of the westerly side
of GreeraNay East and the northerly side of Main Road - Ni' 25:
1) westerly along said northerly side of Main Road.:- NY 25, 779.44 feet to a mornunent;
and
2) North 11 degrees OS minutes 00 secorrls West, 596.28 feet to the true point or place
of beginning.
RU1~II~TING THENCE North 11 degrees-O5 minutes 00 secords West alorx3 said westerly line of
land of Joyce Terry, 2055.43 feet to the prdinary high c+mter nark of Long Island Sound;
• THENCE South 77 deerrees 16 minutes 50 secorr3 West along `the ordinary high water mark
of Long Island Sound, 450.82 feet to land of Frank Helmnski;
THENCE South 12 degrees 33 minutes 50 secoirls east along said land of Frank Helminski
and later along larxl of Lloyd 'I~x`rl', 2052.44 feet to land reserved by the party of the
first part;
THENICE North 77 degrees 35 minutes 30 secorrls East, along said reserved area, 397.72
feet to the point or place of BEGINNING.
•
CONDITIONS AND STIPULATIONS
C
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•
1. DEFINITION OF TERMS.
The following terms when used in this policy mean
(a) "insured". [he insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who suceeed to the interest of [he named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distribulees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary suceessors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of [he
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 aceess [o and Gom the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(~ "public records": records established under state statutes at Date of
Policy (or the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
resput to Section 1(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records oC the clerk of the United States district wort (or the district in
which the land is located.
(g) "unmarketability 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 ro be
released from [he obligation to purchase by virtue of a wntractual
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 Inng as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall no[ continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness 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
wine to an insured hereunder of any claim oC title or intcrest 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 terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, [hat failure to notify [he 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 b oC these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide (or the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or imeresl as insured, bin only as to those stated causes
of action alleging a detect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
oC its choice (subject to [he right oC the insured to object (or reasonable
cause) to represent the insured as to those stated causes oC action and shall
not be liable (or and will not pay the Cees of any other counsel. The
Company will not pay any tees, costs or expenses incurred by the insured
in the defense of those causes oC action which allege matters wt insured
against by [his 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 Ions or damage to the insured-
The Company may lake 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. 1( the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an 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
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 (or 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 (herein, and permit the
Company to use, at its option, the, name of [he 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 settlement, and (ii) in any
other lawful act which in the opinion o([he Company may be necessary or
desirable to establish the title to the estate or intcrest 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 ro and after the notices required under Section ? 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 aRer the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof o(loss or
damage shall describe the defect in, or lien or encumbrance nn 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 matter 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 shali produce (or examination, inspection and copying, al
such reasonable times and places as may be designated by any authorized
representative n( 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
clatmant shall grant its permission, in writing, (or any authorized
representative of the Company ro 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 [he insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit (or
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 oC the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case oC a claim under this policy, the Company shall have the
following options:
(a)To Pay or Tender Payment of the Amount of Insure nee.
To pay or tender payment of the amount of insurance under
This policy together with any vests, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company. up to the
lime oC payment or tender oC payment and which the Company is obliga-
ted 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 Pay or Otherwise Settle With Parties Other Than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties Cor or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' Cces and expenses incurred by the insured
elaimanl which were authorized by the Company up to Time of payment
and which the Company is obligated to pay; or
(ii) [o pay or otherwise settle with the insured claimant the loss or
damage provided (or under this policy, together wish any costs, attorneys'
Cees and expenses incurred by the insured elaimanl 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 o(either of the options provided Cor
in paragraphs (b)(i) or (ii), the Company's obligxuons to the insured under
This policy Cor the claimed loss or damage. other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or wntinue any litigation.
Conditions and Stipulations Continued Inside Cover
B 1171-1
---._--. .._ 1 LL-f1t11 l till
CONDITIONS AND STIPULATIONS
•
•
•
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy 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 to
the extent herein described.
(a) The liability oC the Company under this policy shall not exceed the
least oL
(i) the Amount oC Insurance stated in Schedule A; or,
(ii) [he difference between the value of the insured estate or interest as
insured and [he value oC 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 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or iC
subsequent to the Date oC Policy an improvement is erected on the land
which increases the value of [he 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 oC insurance at Date of Policy bears to the total value oC the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as ro any partial
loss, the Company shall only pay the loss pro rata in [he proporuon that
120 percent of the Amount oC Insurance stated in Schedule A bears [o the
sum of the Amount of Insurance stated in Schedule A and the amount
expended (or 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 oC the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of These Conditions and Stipulations.
8. APPORTIONMENT.
if [he 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 oC [he parcels but not all, the loss shall be wmpuled and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rota as to the value on Dale oC Policy of each separate parcel ro 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 a[ the time of the issuance of this policy
and shown by an express statement or by an endorsement attached [o this
policy.
9. LIMITATION OF LIABILITY.
(a) 1( 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 [he claim of unmarke[ability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and [he
completion of any appeals therefrom, i[ shall have fully performed its
obligations with respect to that matter and shall no[ be liable for any loss
or damage caused thereby.
(b In the event oC 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 (or loss or damage to any insured
Cur 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 [his policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of [he insurance pro
Canto.
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 insuring 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 poliq to the insured owner.
12. PAYMENT OF LOSS.
(ai No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lose or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Compaoy.
NM 1
ALTA Owner's Policy (4-6-90)
r...... 1 ~ 7 i _O n....... o....
(Coodotred)
(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 [he Company shall have settled and paid a claim under [his
policy, all right oC subrogation shall vest in [he Company unaffected by
any ac[ 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 [o perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name oC [he
insured claimant and [o use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
I(a payment on account of a claim does not fully cover the loss of the
insured claimant, [he Company shall be subroga[ed 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 nC the insured claimant, as stated
above, that act shall not void this policy, but the Company, in [hat event,
shall be required to pay only [hat part of any losses insured against by this
policy which shall exceed the amount, i( 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 Cor subrogation rights by reason oC this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or [he insured
may demand arbitration pursuant to [he Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but arc not limited lo, any controversy or claim between the Company and
[he insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or [he breach o(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 [he
Company or the insured. All arbitrable matters when [he Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed [o
by both the Company and [he insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand (or arbitration is
made or, at the option of [he insured, the Rules in effect a[ Date oC Policy
shall be binding upon the parties. The award may include attorneys' fees
only i( the laws oC 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 si[us of [he land shall apply [o an arbitration under the
Title 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 al] endorsements, iC any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of [his policy, this policy shall
be wnstrued as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out oC 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 [he
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory oC the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, [he policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given [he Company and any statement m
writing required to be furnished the Company shall include [he number of
this policy and shall be addressed to Commonwealth Land Title Insurance
Company, Eight Penn Center, Philadelphia, Pennsylvania 19103-2198.
__. _... .. VoGd n.,l„ Ir F~~a w.~r Crhrd titre A and R Are. Attached
NEW YORK OFFICES
r-~
U NEW YORK CITY
655 Third Avenue
New York, New York 10017
(212) 949-0100
l~
l~ BUFFALO
298 Main Street
Buffalo, New York 14202
(716) 853-0800
n
u GARDEN CITY
370 Old Country Road
Garden City, New York 11530
(s1s) 7az-747a
n
u RIVERHEAD
177 Old Country Road
Riverhead, New York 11901
(516) 727-7760
n
u WHITE PLAINS
131 Court Street
White Plains, New York 10601
(914) 949-0002
NATIONAL TITLE SERVICE
655 Third Avenue
New York, New York 10017
(212} 949-0100
American Land Title Association
Owner's Policy
(a-6-sol
POLICY
OF
TITLE
INSURANCE
luued by
Commonwealthm
Land Title Insurance Company
Title /nsumnce Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHILADELPHIA, PA 79703.2798
B 1171-3
NEW YORK STATE OFFICE
655 Third Avenue
New York, New York 10017
Phone: (212) 949-0100
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Kok Page Sale Date Sale Price ;'~ivr~r ~'rpcls.'
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Sewer.
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utifi~c
xelllptleh :: T4ta1 :7 t Term 1]yjij Bf111di11
ode Amount` Year ~ Pct
7834 STpR IENHJ 7.d50-2049 ` '0
oecial:bistnct --~ "Total' S. Valera=/ ~ Imnrnvi
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NYSRPS ASSESSMENT INQUIRY DATE ~ 07/30/2D04
473889 SOUTHOLD SCHOOL OYSTER PONDS SCH ROLL SEC TAXABLE
PRCLS 129 LAND RIGHTS TOTAL RES SITE
20•-1-2.2 TOTAL COM SITE
36505 MAIN RD ACCT NO 01
- OWNER & MAILING INFO ===1=MISC 1________ ______ ASSESSMENT DATA =
~TSIT DIANE IRS-SS I **CURRENT~* RES PERCENT
C70 HOPE T GILLISPIE I 1 (LAND 2,500 ~~TAXABLE*~
36505 MAIN RD I BANK (TOTAL 2,5D0 COUNTY 1Dp
ORIENT NY 11957 **PRIOR*~ TOWN 1D0
I (LAND 2,500 SCHOOL 1DD
I (TOTAL 2,500
==DIMENSIONS ===1=====_= SALES INFORMATION __________________________________
ACRES 20.00 (BOOK 11846 SALE DATE 07/16/97 SALE PRICE 1
(PAGE 795 PR OWNER GILLISPIE HOPE T & ANO
----===TOTAL EXEMPTIONS 1 _____________1== TOTAL SPECIAL DISTRICTS 5 =____
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE
41720 2,400 04 IFD025
IPK065
IOM060
IWW020
F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC
75.10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU
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2004 Aerial 36505 Main Rd (Rt 25) Orient 20.0 acre s development rights easement purchased by Town of
Southold on 10/5/93 from Hope T. Gillispie Z; Diana Alford
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2001 Aerial Premises: 36505 Main Road, Orient 20.0 acres development rights easement purchased by Town
of Southold from Gillispie & Alford on 10/5/93
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