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HomeMy WebLinkAboutCassidy, Andrew F � �OS�Ff01xcO ago Gym c � 1000-52-5-59. 10 0 4- (f/k/a 1000-52-5-p/o 59.3 & 59.4) Baseline Documentation Premises: 1435 Albertson Lane Greenport, New York 32.9873 acres Development Rights Easement ANDREW F. CASSIDY TESTAMENTARY TRUST, CAROLE CASSIDY, ANDREW R. CASSIDY, HERBERT O. CASSIDY, THOMAS P. CASSIDY, JOAN CORIE and ELLEN P. CASSIDY to TOWN OF SOUTHOLD Deed dated September 6, 1996 Recorded 1996 • Suffolk County Clerk - Liber D00011792, Page 233 SCTM #: 1000-52-5-59.10 (f/k/a 1000-52-5-p/o 59.3 and 1000-52-5-p/o 59.4) Premises: 1435 Albertson Lane Hamlet: Greenport Purchase Price: $2309911.10 ($7,000/acre) Funding: Agricultural Land Capital Funds CPF Project Plan: n/a Total Parcel Acreage: 58.0699 acres Development Rights: 32.9873 acres to Town; 23.2460 acres gifted to Peconic Land Trust Reserved Area: 1.8366 acres Zoned: R-80 Existing Improvements: unimproved in 1996 IDENTIFICATION OF SUBJECT PROPERTY Suffolk County Tax Map No. Ownership 1000-52-5-59 . 3 Andrew Cassidy & • 1000-52-5-59 .4 Others DESCRIPTION OF PROPERTY (1000-52-5-59 .3) The subject property is open rolling unimproved farm field and wetlands . The entire parcel as shown on the attached copy of the Suffolk County Tax Map is 49. 7 acres . The property is irregular in shape with good frontage on Albertson Lane . The southeast border of the property is the LIRR right of way. The west ,border of the property is an irregular waterfront on Arshamomaque Pond and the northwest boundary is several residential properties . While no survey or topographical maps have been made available, a site inspection reveals that approximately 70% of the land is tillable upland area and 30% is tital wetlands . The upland area is given limited protection by an irregular serpentine dike. The property is also subject to a Long Island Lighting Company easement which disects the property at about its middle running parallel to Route 25 . Normal utilities are available with public water at Route 25 but not extended to the site along Albertson Lane . • NEIGHBORHOOD ANALYSIS The neighborhood is mixed use. Residential use is limited with some older homes in the area . Arshamomaque is an area of development situated approximately at the halfway point between the Incorporated Village of Greenport to the East and the hamlet of Southold to the West . The subject is located within the Greenport School District . This area has experienced commercial development over the past 10-20 years . It is suitable for commercial use as it is not near large population centers or hamlet business areas. Route 25 which is a major east-west highway is in close proximity to the subject . The LIRR line to Greenport is adjacent to the property. Industrial zoned property is also adjacent to the property. In close proximity to the property commercial uses include an asphalt plant, welding and metal workshop, lumberyard , and heavy equipment storage yard . ZONING The subject property is zoned R-80. This zoning permits development into a residential subdivision with minimum lot • sizes of 80, 000 s/f. Present agricultural use is also permitted. ASSESSMENT AND TAXES 1991-92 Assessment 1991-92 Taxes 88 , 700.00 5092 .55 Part 2 Valuation of the Entire Property A. Description of the Site T� The subject property consists of two parcels. The real estate tax map numbers are 1000-52-5-59 . 3 & 59 . 4 . Lot # 59 . 3 is approximately 49. 7 acres and lot # 59. 4 is approximately 15 . 3 acres. The total acreage is 60 acres (5 acres taken out for commercial property on Rte. 25) . There is approximately 28 acres of wetlands, waterfront and upland which is not 1 being offered to the Town of Southold. The waterfront is situated on Hashamomuck Pond. The subject parcels adjoin each other. There is about 32 acres of upland along Albertson Lane being offered to the Town of Southold. The properties are located on the south side of Albertson Lane approximately 650' west of Rte. 25, Greenport, Suffolk County, New York, 11944 . The easterly portion on Rte. 25 is zoned LI and not offered to the Town of Southold. The 32 acres being offered to the Town of Southold consists of vacant farmland. The site is unimproved. The topography is gently rolling. There is a Lilco overhead transmission line running north and south along the border of the two parcels. A potential subdivision would be slightly affected. According to the Town of Southold planning department there are no current plans for residential subdivision. The parcel could be subdivided subject to the application process. The subject soil is mostly haven loam HaA and HaB, the slopes are from 0% - 6% . The hazard of erosion is moderate to slight and the soil is suited for agricultural and housing developments. t The public utilities are electric and telephone. Water J is provided mostly from private well (there is public water nearby too) and there would be private cesspools. The immediate area is mostly farm, residential and woodland. There is commercial along Rte. 25. The subject is typical distance from shopping and recreation. `F i r r i 11 Part 2 . B. Zoning The subject's 32 acres being offered to the Town of Southold is zoned R-80, residential. The purpose is to reasonably control and prevent unnecessary loss of open lands within the town. The town desires to reasonably regulate subdivision while honoring the interests of farmers and farmland owners. The uses are permitted are one family dwellings, agricultural operations, buildings operated by Town of Southold, school districts, parks and fire districts. l C. Taxes According to the Town of Southold, the annual taxes and assessed values for 1994 - 1995 are as follows: Taxes Assessed Value 1) 1000-52-5-59. 3 $ 6, 024 . 04 8700 total 2) 1000-52-5-59.4 $ 1, 800. 29 2600 total The annual taxes appear to be typical for the area. { ) t • i 12 P • R O P E R T Y V • I S U A L S • 43 44 45 /v I S L • �7 `jf - Rocky Pt N �l" / Ilc 'I EAS' IND Ex° DODD STI RLING 60o`/ In tet Pt . { �. ZIP 'Y' N (I "',� i,.• �� �a o,�a�X Cteves Pt bungDpt Flo Qj,,,,. 6W a��Q 0 0 Q• GREENPORT Hay I a,a � j 25 �rc.•EENP�p,PB� /n R (I CEM o by�4 p Be z 4 PIPES COVE ,a 'Bering Pt C Fanning Ptt°� / V iChe ud Pt. Q�p\pp0o Q-C HARBOR SID .„.d,H ° rant a"n4. � �.. pcH cEN p \ 6 0 /I—` \ O ee `W5 � ✓ss�t 6 �O �.uxrx� c / Con kting Pt / ua" I i965 _ / Jennings Pt w�xNe. -- c SHEIITER�"^'°,.e N� / ° o,IS LAND ' ��o r °se E HEIGHTS won p2 Wn s Q n ' i�" SIE4R , x \OCC"E 4rV•RI`O eye r d t ID SOUTHOLD w1 s ;wN �e a °»� 'na�, \�, �E • B`A Y\ Nx WEST NECK AYo i � F 114 WEST119 U� ./ Paradise I R �� �,� ' /„Fn � I 44 S SEE SEC.NO. 044 SEE SEC.NO.044 _LINE MATCH `� LINE _ MATCH z LINE _ z H31A.c0 . E*44 4 FOR PARCEL NO 3 SEE SEC NO FOR PARCEL N0. SEE SEC. N0. 044-09-003.1 SON.) 1 1 0 r / b4 e 3.IAId 9T FOR PARCEL NO 91. SEE SEC. N0.0505 •"Si°O' a•2.8(d - -01-OObI 1. 4 �u Id ® 12]A(e) 4.8A1[I i v0. Ida Y 3 FOR PARCEL N0.j SEE SEO.N0. a l3 1: a5 trd 6p- '1;. /l 2AAld •• Ji—� 4. LIA(d n 50 V 1o1 � .w In 54 9 SB.1 �g VIE I IA(I) ALBERTSON a.r <EYfTERY 1j1I 1.5A1t1 •tt - ue � LONd �4 I ieP ` I I ✓ ;% 55 60.3 60.2 6.5A(c) I - reA�`P�P I4.OA(c) 15.6AIc) I . 4E a. .�6' p�•r° b .� Y• O I 59.6 I • 59.5 SBI[IA I 4.5A \ 4N.qYF 4� b ' F. 4 I10O pl �r4 I < o m> o\rB I a A\ \ a i \\ FOR PARCEL N0. SEE SEC. NO 056-04-024 __ _ N315'W0 LINE MATCH INE MESEC.N°056 MATCH �-- LINE SEE SEC, NO.056 SEE SEC. N0. 056 KEY NAP n ('(111NTV C1F SI IFFOI K ITURINCIF SOUTHOLD SECTM)N NO. COLONY ROAD PRESERVE AND TRUST O AREA 23.359Bs acres ' o SALE ARE REEA LOPMEI�� V 33.6864i acres O 00 K B.0699x WT ANDREW CASSIDY av� Peconic Land Trust & OTHERS CONCEPT PLAN TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK • ' FOP PC'_N6 \ M1i�X sE:SEL N0. Ili•.. • GCP P0..NO. pWO9-003.1 _ _ sEz sE_Na. FOP Sypcl sEE¢P NO. �'I la ].IYU T• ` 15 O Flµ PCL NO \ 4 iz.iµU 96 Sa 'u o9-ot'1-0-om1 `s 59 y3 a9\IU M• l`p� v 11 v L1AItl 1 15P'1 E 1 Loµv .>• 2 lsµc] i. LL. m c LSLLU d3. H •E% '.� LLgEPT � 511 �Y6iM c 1a cl • _ , W 58 y3µU 1 53111q 96 4 99 w z yia x 6M13 599 34OµU ame O 9/ art• :u i .r - s iqs/_ q i4 ry M1 6 y am 7�A I b` 6 U_ 2g �( (O 9 9� \ v� �a 7c� �t " z \ a 2 \� FOR sas swcazo. ti Tax Map Location 50 . - . - ��. - S _ ._ s 'i _ _ � a " y: �_ ' . Yi i ysr-. -. r x G` i ..Y l r.. �` .-, k .: • 2 _ T�Yib' � . . > �. . y . . . «. e . . . � . ^ ® Subject Street � / Z � � P • U B L I C H E A � R I N G • �o��SpFFO(�-�oGy JUDITH T.TERRY Town Hall, 53095 Main Road • TOWN CLERK y = P.O. Box 1179 �+ Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • 41F Fax(516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT FFICER .( �aO� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER 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 FEBRUARY 6, 1996: RESOLVED that the Town Board of the Town of Southold hereby sets 5 :00 P.M. , Thursday, February 22, 1996, Southold Town Hall, 53095 Main Road, Southold, N.Y. , as time and place for a public hearing on the question of the acquisition of development rights in the following Agricultural Lands: • Marie D. Cassidy & Carole M. Cassidy, SCTM#1000-52-5-59.3 & 59.4, 58 acres - 32 agricultural, south side Albertson Lane, Greenport, N.Y. ; Mark Lieb, c/o Lieb Vineyards, SCTM#1000-84-1-4.4 & 73-1-3.4, 1 .6 acres of , farmland at Bridge Lane and 12.96 acres of farmland at Oregon Road, , Cutchogue, N.Y. Z/ iuA T. Southold Town Clerk February 7, 1996 • LEGAL NOTICE NOTICE OF HEARING 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 22nd day of February, 1996, at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition, by the Town of Southold, of the development rights in the following parcels of agricultural lands, to wit: i (1) A parcel of land owned by Marie D. Cassidy & Carole M. Cassidy, comprising approximately 58 acres, located on the south side of Albertson Lane, Greenport, New York, Suffolk County Tax Map No. 1000-52-5-59.3 & 59.4. (2) Two parcels of land owned by Mark Lieb, c/o Lieb Vineyards, comprising 1 .6 acres on Bridge Lane, Cutchogue, New York, and 12.96 acres on Oregon Road, Cutchogue, New York, Suffolk County Tax Map No. 1000-84-1-4.4 & 73-1-3.4. • FURTHER NOTICE IS GIVEN that files containing more detailed descri lions of the above mentioned parcels of land are on file in the Sout''iold town clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during norman business hours. Dated: February 6, 1996. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 15, 1996, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 . Copies to the following: • The Traveler-Watchman Town Board Town Attorney Land Preservation Committee Marie D. Cassidy & Carole M. Cassidy Mark Lieb, c/o Lieb Vineyards Town Clerk's Bulletin Board • PUBLIC HEARING SOUTHOLD TOWN BOARD FEBRUARY 22, 1996 5:00 P.M. IN THE MATTER OF THE ACQUISITION BY THE TOWN OF SOUTHOLD OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LAND OWNED BY MARIE D. CASSIDY& CAROLE M.CASSIDY, AND TWO PARCELS OF LAND OWNED BY MARK LIEB, c/o LIEB VINEYARDS. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Absent: Councilman Joseph L. Townsend, Jr. • JUSTICE EVANS: "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, thF Town Board of the Town of Southold will hold a public hearing on the 21nd day of February, 1996, at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of 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 Marie D. Cassidy E Carole M. Cassidy, comprising approximately 58 acres, located on the south side of Albertson Lane, Creenport, New York, Suffolk County Tax Map No. 1000-52-5-59.3 E 59.4. (2) Two parcels of land owned by Mark Lieb, c/o Lieb Vineyards, comprising 1 .6 acres on Bridge Lane, Cutchogue, New York, and 12.96 acres on Oregon Road, Cutchogue, New York, Suffolk County Tax Map No. 1000-84-1-4.4 E 73-1-3.4. Further notice is given that files containing more detailed descriptions of the above mentioned parcels of land are on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: February 6, 1996. Judith T. Terry, Southold Town Clerk." I have affidavits that this was published in The Traveler-Watchman, and that it was posted on the Town Clerk's Bulletin Board. No correspondence. • SUPERVISOR COCHRAN: Thank you, Louisa. Page 2 • MELANIE TEBBINS: The tax map number is incorrect for the Cassidy property. I actually have a copy of the tax map here. It's been revised since that number. COUNCILWOMAN HUSSIE: That's right. When Joe Gold submitted it, he gave us the old number. TOWN CLERK TERRY: I took this from the appraisal. I'm sorry. Let's put it on the record. What is the tax map number? MELANIE TEBBINS: It isn't two parcels any longer. It's one parcel, 59.6. TOWN CLERK TERRY: Give me your name, please? Just for the record. MELANIE TEBBINS: My name is Melanie Tebbins from Peconic Land Trust. We've been working with the Cassidy family on this project. The tax map number, I believe, has been revised since the appraisal was done. The tax map of Marie Cassidy's parcel is 1000-52-5-59.6. TOWN CLERK TERRY: Thank you. SUPERVISOR COCHRAN: Mr. Gold, as Chairman of the Committee would you like to make a comment? JOE GOLD: Yes, I would. I'm Joe Gold from Cutchogue, and I'm Chairman • of the Land Preservation Committee, and I'm very pleased to be before the Board again, bringing before the Board two more very good parcels of farmland, which I'm recommending to the Board to buy development rights for. I'll mention the smaller one first. Lieb Vineyard is approximately fourteen and a half acres. It's up on Oregon Road, near Bridge Lane, in Cutchogue, and it's adjacent to a seventeen acre parcel, where the Town already owns the development rights. So, this is going to keep adding to our preservation activities, or the farming activity on Oregon Road. Both of these parcels are currently covered with grapes. The second parcel is more interesting, I think. It's larger, and it's a little more complicated, and that's the Cassidy farm. The Town will be buying development to possibly thirty-two acres of the Cassidy farm. The remaining twenty-eight acres of wetlands is between a large dike, and Arshamomaque Pond, and I'm happy to see the Cassidy family represented here, because they have been wonderful to deal with on this. We've moved this along with the Land Trust, and 1 understand the twenty-eight of wetland will be donated to the Land Trust, and thereby, once again, we have one of these packages where the Town's money is being leveraged up 100%. We're preserving a twenty-two acres farm, but we're also getting twenty-eight acres of wetlands, that will be forever preserved. This is particularly important in Arshamomaque Creek. I saw an item in the paper today, that there's a seasonal opening of Arshamomaque, but with more marshland on Arshamomaque allowing the creek a flush flow, we may get cleaner water in there. The Land Trust, I believe, will remove the smaller dike, so that the entire twenty-eight acre wetland will be flushed by creek water. I strongly recommend to the Board to go ahead and purchase these development rights. • Page 3 • SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like to address the Board on the purchase of the development rights on these two pieces of property? (No response.) Hearing none, we close the hearing. J� � Southold Town Clerk • • P • U R C H A S E R • E . S O L U T I O N • �O��SpFFO(, JUDITH T.TERRY y< Town Hall, 53095 Main Road • TOWN CLERK w i P.O. Box 1179 �. ^+ Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER 'jiff aO� RECORDS MANAGEMENT OFFICER 0.( Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER 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 FEBRUARY 22, 1996: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of Marie D. Cassidy and Carole M. Cassidy; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 22nd day of February, 1996, pursuant to the provisions 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 the proposed acquisition between the Town and Marie D. Cassidy and Carole M. Cassidy; now, therefore, be it RESOLVED that the Town Board hereby elects to purchase the agricultural rights in the aforesaid agricultural lands owned by Marie D. Cassidy and Carole M. Cassidy, comprising approximately 33.6864t acres, at a sale price of $7,000.00 per acre; said property located on the south side of Albertson Lane, Greenport, New York, Suffolk County Tax Map No. 1000-52-5-59.6; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Marie D. Cassidy and Carole M. Cassidy; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. • Judith T. Terry Southold Town Clerk February 23, 1996 R • E C O R D E D D • E E D • 9b- 041� 1 / 7,7z� � • o ' p v 0 DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this G( day of September, 1996 BETWEEN ANDREW F. CASSIDY TEgAMENTARY TRUST (SUR 6 Hill Dr.,Port Je fetson , I' iG Su4i py`�LrA,uz 16118P 1994) SUFFOLK, BY L - CAROLE CASSIDY, 44a-�(R.us{t `1n�liVlG�uq�lyQSfIZUS��� Cassidy Lane ANDREVPR. CASSIDY, HERBERT 0. CA�SSIY, TF �SMp�AS�iP1.� � OAN Port Teffer`�son NY 486 . RiverheadaI 1 Souttiord yr � CORIE, and ELLEN P. CASSIDY, — party of the first part, Su�.it Avenue 2110 La Ner, Haslett NU Northport NY and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New • York, having its office and principal place of business at 53095 Main Road, Town of Southold, County of Suffolk and state of New York, party of the second part. WITNESSETH That the party of the first part, in consideration of ten ($10.00) 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 properties described in the attached Schedule A. 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 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 Wand 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 the 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. 2 AND the party of the first part, covenants in all aspects to comply with Section 3 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. 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. • PiQCl/6f/SQS �-L/l�/ �f �� �(�'te �'"f( / 't-�i c� Z �✓ � <��0 • T T1I N.C. RH960915 THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVE-R-tM 3Y THIS POLIC`! Amended: 618196 ALL that certain_ plot, niece or parcel of land situate, lving and being at Greenport, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Albertson's Lane, distant 633.08 feet West as measured along the southerly side of Albertson's Lane from the corner formed by the intersection of the southerly side of Albertson's Lane and the westerly side of New York State Route 25; RUNNING THENCE South 31 degrees 43 minutes 20 seconds East a distance of 403.51 feet to a point; THENCE South 21 degrees 23 minutes 43 seconds West a distance of 240.09 feet to a ocint; THENCE South 29 degrees 15 minutes 10 seconds West a distance of 450.42 ._et -o a ocint; • THENCE South 19 degrees 03 minutes 50 seconds West a distance of 30.17 feet to a point; THENCE North 69 degrees 45 minutes 14 seconds West a distance of 167.78 feet to a point; Tz.='NCE South 12 degrees __ minutes 41 seconds West a distance of 228.25 --set to a point; THENCE North 82 degrees 14 minutes 42 seconds West a distance of 173.52 feet to a point; THENCE North 36 degrees 29 minutes 07 seconds West a distance of 103.72 feet to a point; THENCE North 70 degrees 50 minutes 25 seconds West a distance of 106.29 feet to a- 7olnt; T CE South 31 degrees 19 minutes __ seconds West a distance of 149.55 feet -0 0 'point; THENCE North 65 degrees 00 minutes 59 seconds West a ad-i ance of 122.__ 'feet to a poi...., THENCE South 26 degrees 22 minutes 09 seconas 'nest a distance of 207.15 feet to a pcint; 10 THENCE 'Tort 66 decrees 17 mi_uses __ seconds West a distance of 286.8C -_et to a ___.t-hued) -TLE NC. ? 9609'_= LZ-G!5!LITY POOR- x.a &.CcFCRL1R �CHEDL�E - CON':'=ivvc.': THENCE North 13 degrees 34 minutes 50 seconds East a distance o= 16_.So feet tc a point; THENCE North 15 degrees 42 minutes 48 seconds East a distance of 69.43 feet CO a point; THENCE North 67 degrees 45 minutes 35 seconds west a distance of 98.98 feet to a point; THENCE North 52 degrees 28 minutes 35 seconds West a distance of 142.62 feet to a point; THENCE North 01 degrees 16 minutes 22 seconds East a distance of 29.03 feet to a point and lands now or formerly of Marie Cassidy; THENCE North 00 degrees 34 minutes 50 seconds West along lands now or formerly of Marie Cassidv a distance of 741.67 feet to a point and lands now or formerly of M.D. and C.M. Cassidy; THENCE South 84 degrees 42 minutes 00 seconds East a distance of 130.81 feet to ; - point and lands now or formerly of J.r & J.M. Earzczewsk_' THENCE South 07 degrees 26-minutes 00 seconds west along lands now or formerly • of J. & J.M. Earzczewski a distance of 84.17 feet to z ?pint;TT�-'NCE Scut^ 8'_ degrees 39 minutes 00 seconds East a distance of 100.00 feet - a noint; THENCE North 07 degrees 26 minutes 00 seconds East a distance of 300.00 feet the southerly side of Albertson' s Lane; THENCE South 81 degrees 39 minutes oo seconds East a distance of 308.47 '_set to an angle point; THENCE south n degrees 40 minutes 50 seconds East a distance of 43 .99 feet to a point and lands now or formerly of Cassidy; THENCE South 08 degrees 19 minutes 10 seconds West a distance of 346.10 feet to a point; TFICE South 81 degrees 40 minutes 50 seconds East a distance of 222.30 feet to EEEa point; T---NCE North 11 degrees 14 minutes 50 seconds East a distance of 183 .68 feet Z: a ncint at the southwesterly corner of a cemecerv; THENCE South 81 degrees 40 minutes 50 seconds East a distance zf =92 .00 feet tc a point; (Cont�...ed) • 1�T( of, TITLE NC. F. s6e915 F�= - JLE CONT:NL THENCE North 11 degrees 14 minutes 50 seconds East a distance of 162.87 feet to a point and the souther'_v side of Albertson's Lane; THENCE along the southerly side of Albertson' s Lane South 81 degrees 40 minutes 50 seconds East a distance of 71.55 feet to a point; THENCE South 85 degrees 42 minutes 20 seconds East a distance of 140.11 feet and the point and place of BEGINNING. FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYANcnzG(and to any streets and roads abutting the above (described premises, to the center line thereof. • • IN WITNESS WHEREOF, the party of the first part has duly execute this deed the day and year first above writte c:2.P 1 0 iildiM&1fiP!dyas Trustee,Andrew sSip3yTru Carole l caI a/k/a Carole Ca CassidyTn in RI udll y as Trustee, Andrew 7L L • Joan Code Herbert 0. Cassid Thomas P. Cassidy ' Ellen P. Cassidy STATE OF NEW YORK ) ss.: • COUNTY OFSUFFOLK ) 4 11792 H 233 On the � day of September, 1996, before me personally came Andrew R. Cassidy, indiu.+asTrustee r, 1e ,Qssidy.,Joan Corie, Herbert 0. Cassidy, Thomas P. Cassidy ifldi to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Pap J. Cardbuds poyry Puhlo,gt *of flaw Yak ft.S24=08-SuffA f " a Public gw..Webn E*m J* , rY • State of Michigan : County of Ingham: ss : On the �)Aj day of September, 1996 , before me personally came Ellen P. Cassidy, to me known to be the individual described in and who executed the foregoing instrument, and she acknowledged that she executed the same. d NotAry Public K STM �I Esin Cc ity,All wC=iaks@on-VA a94 tm Aft hion o=,%Lg • 5 T • I T L E P O L I � C Y • OWNER'S POLICY Of TITLE INSURANCE • I ISSUED BY ® Commonwealth, Land Title Insurance Company I SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,COMMONWEALTH LAND TITLE INSURANCE COMPANY,a Pennsylvania corporation,herein called the Company, insures, as of Date of Policy shown in Schedule A,against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Utunarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title, as insured,but only to the extent provided ,li in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it3 corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY i t �GAttest: y By: n (/ U President Secretary � ' NOY 2 5 096 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Compan wilt`nrsvpay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(if)the character,dimensions or location of any improve- ment 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 affect of any violation of these laws,ordinances or governmental regula- tions, 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 land has been rec orded in the public records at Date of Policy. violation affecting the an alleged g (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; lb) 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 Dale of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: • (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (III of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy 00-17-92) Valid Only If Schedules A and B and Cover Are Attached SCHEDULE A WOUNT OF INSURANCE: $- 230, 911.10 POLICY NO. 206-101831 TITLE NO. RH960915 DATE OF POLICY: 09/06/96 1. NAME OF INSURED: THE TOWN OF SOUTHOLD 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Development Rights 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: A Deed of Development Rights made by CAROLE CASSIDY individually • and as trustee, ANDREW R. CASSIDY individually and as trustee, HERBERT O. CASSIDY, JOAN CORIE, THOMAS P. CASSIDY AND ELLEN P. CASSIDY to the Insured dated 9/6/96 and duly recorded in the Office of the clerk for the County of ,'Suffolk. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SITUATED IN THE COUNTY OF SUFFOLK, STATE OF NEW YORK, AND IS IDENTIFIED AS FOLLOWS: SEE SCHEDULE "A" ATTACHED l Countersigned: • Authorized Officer or Agent • SCHEDULE B EXCEPTIONS FROM COVERAGE POLICY NO. 206-101831 TITLE NO. RH960915 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. Covenants and Restrictions as set forth in Liber 11631, cp 637. 2. Covenants and Restrictions as set forth in Liber 11681, cp 975. 3 . Electric Agreement in Liber 1312, cp 372. 4. Easement as shown on filed map. 5. Company excepts the possible rights of third parties, such as Cable Television Companies in and to the utility easements as set forth herein. 6. Taxes cover premises and more. Taxes to be apportioned by taxing authority. 0. No title insured to any lands now under the waters of Arshamomaque Pond. 8 . Subject to the rights of the public to navigate the waters of �.rshamomaque Pond. 9. Subject to the Riparian rights of others fronting on Arshamomaque Pond. 10. Riparian rights of the owners of the subject premises are not insured. 11. Rights of the Governmental Authorities to improve navigation and change bulkhead lines without compensation to upland owners. 12 . Rights or claims of parties other than THE INSURED in actual possession of any or all of the property. 13 . Unpaid water charges to date, if any. 14. Survey made by Peconic Surveyor, P.C. , last dated 8/1/96 shows vacant land, Lilco Easement (60 foot wide) and towers in central portion of premises. No other variations. 0 COMMONWEALTH LAND TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT OWNER'S POLICY To be attached and made a part of Policy Number: 206-101831 1. The following is added to the insuring provisions of the face page of this policy: 115. 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. " thing herein contained shall be construed as extending or changing the effective date of said olicy, unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: 09/06/96 COMMONWEALTH LAND TITLE IN/S/U/�-R.ANCE COMPANY BY: .G' 6i S-A VICE PRESIDENT AND BRANCH MANAGER • COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. RH960915 • SCHEDULE A THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY Amended: 8/8/96 ALL that certain plot, piece or parcel of land situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Albertson's Lane, distant 633 .08 feet West as measured along the southerly side of Albertson's Lane from the corner formed by the intersection of the southerly side of Albertson's Lane and the westerly side of New York State Route 25; RUNNING THENCE South 31 degrees 43 minutes 20 seconds East a distance of 403.51 feet to a point; THENCE South 21 degrees 23 minutes 43 seconds West a distance of 240.09 feet to a point; THENCE South 29 degrees 15 minutes 10 seconds West a distance of 450.42 feet to a point; • THENCE South 19 degrees 03 minutes 50 seconds West a distance of 30.17 feet to a point; THENCE North 69 degrees 45 minutes 14 seconds West a distance of 167.78 feet to a point; THENCE South 12 degrees 11 minutes 41 seconds West a distance of 228.25 feet to a point; THENCE North 82 degrees 14 minutes 43 seconds West a distance of 173.52 feet to a point; THENCE North 36 degrees 29 minutes 07 seconds West a distance of 103.72 feet to a point; THENCE North 70 degrees 50 minutes 25 seconds West a distance of 106.29 feet to a point; THENCE South 31 degrees 19 minutes 15 seconds West a distance of 149.55 feet to a point; THENCE North 65 degrees 00 minutes 59 seconds West a distance of 122.31 feet to a point; THENCE South 26 degrees 22 minutes 09 seconds West a distance of 207.15 feet to a point; THENCE North 66 degrees 07 minutes 31 seconds West a distance of 286.80 feet to a point; • (Continued) SCHEDULE A: (continued) THENCE North 13 degrees 34 minutes 50 seconds East a distance of 161.50 feet to a point; • THENCE North 15 degrees 42 minutes 48 seconds East a distance of 69.43 feet to a point; THENCE North 67 degrees 45 minutes 35 seconds West a distance of 98.98 feet to a point; THENCE North 52 degrees 28 minutes 35 seconds West a distance of 142.62 feet to a point; THENCE North 01 degrees 16 minutes 22 seconds East a distance of 29.03 feet to a point and lands now or formerly of Marie Cassidy; THENCE North 00 degrees 34 minutes 50 seconds West along lands now or formerly of Marie Cassidy a distance of 741.67 feet to a point and lands now or formerly of M.D. and C.M. Cassidy; THENCE South 84 degrees 42 minutes 00 seconds East a distance of 130.81 feet to a point and lands now or formerly of J.F. & J.M. Barzczewski; THENCE South 07 degrees 26 minutes 00 seconds West along lands now or formerly of J.F. & J.M. Barzczewski a distance of 84.17 feet to a point; THENCE South 81 degrees 39 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 07 degrees 26 minutes 00 seconds East a distance of 300.00 feet to the southerly side of Albertson's Lane; • THENCE South 81 degrees 39 minutes 00 seconds East a distance of 308 .47 feet to an angle point; THENCE South 81 degrees 40 minutes 50 seconds East a distance of 43 .99 feet to a point and lands now or formerly of Cassidy; THENCE South 08 degrees 19 minutes 10 seconds West a distance of 346.10 feet to a point; THENCE South 81 degrees 40 minutes 50 seconds East a distance of 222.30 feet to a point; THENCE North 11 degrees 14 minutes 50 seconds East a distance of 183 .68 feet to a point at the southwesterly corner of a cemetery; THENCE South 81 degrees 40 minutes 50 seconds East a distance of 292 . 00 feet to a point; THENCE North 11 degrees 14 minutes 50 seconds East a distance of 162.87 feet to a point and the southerly side of Albertson' s Lane; THENCE along the southerly side of Albertson' s Lane South 81 degrees 40 minutes 50 seconds East a distance of 71.55 feet to a point; (Continued) • • SCHEDULE A: (continued) THENCE South 85 degrees 42 minutes 20 seconds East a distance of 140.11 feet and the point and place of BEGINNING. • FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above (described premises, to the center line thereof. • • • Schedule E CONSENT Declarant, Town of Southold, a municipal corporation at 53095 Main Road, Southold, New York, as holder of a Deed of Development Rights in Liber 11792 cp 233 on premises described in Schedule A annexed hereto, hereby consents to the annexed agreement to amend/modify restrictive covenants between Andres R Cassidy, Carole Cassidy, Herbert 0. Cassidy, Thomas P. Cassidy, and Ellen Cassidy and the Suffolk County Department of Health Services. Town of Southold (5 E A L ) J ' n Cochran, Supervisor • • • STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On this 9th day of April, 1997, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn did depose and say that she resides at Boisseau Avenue, Southold, New York, that she is the Supervisor of the Town of Southold, the municipality described in and which executed the foregoing instrument; that she 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 she signed her name thereto by like order. ` p N ary Public • JUDITH T.TERRY =� Gy`�y Town Hall, 53095 Main Road • TOWN CLERK c P.O. Box 1179 y � Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O � Fax(516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y��j �a�! Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER 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 APRIL 15, 1997: RESOLVED, that the Town Board of the Town of Southold, as holder of a Deed of Development Rights in Liber 11792 cp 233, hereby authorizes and • directs Supervisor Jean W. Cochran to execute a consent to amend/modify restrictive covenants between Andres R. Cassidy, Carole Cassidy, Herbert O. Cassidy, Thomas P. 6`assidy, and Ellen Cassidy and the Suffolk County Department of Health Services, all in accordance with the approval of the Town Attorney. Judith T ry' Southold Town Clerk • April 16, 1997 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. Icl Whenever the Company shall have brought an action or micro oscc defense as required or permitted by the provisions of this police. the The following terms when used in this policy mean: Company may pursue any litigation to final determination by a court of (a) "insured": the insured named in Schedule A. and, subject to any competent jurisdiction and expressly reserves the right, in its sole discretion. rights or defenses the Company would have had against the named insured. to appeal from any adverse judgment or order. those who succeed to the interest of the named insured be operation of law di In all cases where this polio permits or requires the Cothran% to as distinguished from purchase including. but not limited to. heirs. prosecute or provide for the defense of an, action or proceeding, the distributees, devisees, survivors. personal representatives. next of kin. or Insured shall secure to the Compam the tent to so prosecute or provide corporate or Fiduciary successors. defense in the action or proceeding, and ell appeals therein. and permit the (b) "insured claimant": an insured claiming loss or damage Company to use, at its option, the name of the insured for this purpose. (c) "knowledge" or "known': actual knowledge. not constructive Whenever requested be the Compam. the insured. at the Compam s knowledge or notice which mac be imputed to an insured by reason of the expense. shall give the Compam all reasonable aid it in am action or public records as defined in this policy or am other records which imp art proceeding, securing evidence. obtaining witnesses prosecuting or constructive notice of matters affecting the land. p defending the action or proceeding. or effecting settlement. and (Of ❑', am other lawful act which in the opinion of the Compa rn that be neces:uc or till "land": the land described or referred to in Schedule A. and desirable to establish the title to the estate or interest as insured. C the improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required term "land" does not include any property beyond the Imes of the area cooperation, the Companys obligations to the insured under the policy described or referred to in Schedule A. nor any right , title, interest, estate shall terminate, including any liability or obligation to defend. prosecute, or or easement in abutting streets, roads, avenues. allevs, lanes, ways or continue any litigation, with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this pohcy. 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage': mortgage, deed of trust, trust deed, or other securtp In addition to and after the notices required under Section 7 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or respect to Section I(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title. or records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of records of the clerk of the United States district court for the district in loss or damage and shall state. to the extent possible, the basis of which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced (g) "unmarketabilily of the title': an alleged or apparent matter affectingby the failure of the insured claimant to provide the required proof of loss the title to the d o excluded or damage, the Company s obligations to the insured under the polity shall entitlea purchaserof the estate orr interest described coverage, which would Schedule to terminate. the arty liability or obligation to defend, prosecute, or released from the obligation to purchase by virtue of a contractual continue any litigation, with regard to the matter or matters requiring such condition requiring the delivery of marketable title, proof of loss or damage. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the OF TITLE. Company and shalt produce for examination, inspection and copying. at such reasonaacesanv The coverage of this policy shall continue in force as of Date of Policy in representative 1 of times and a Companv. may books,be esignatedb}ledgers.uthorizechecks.favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after in the land, or holds an indebtedness secured by a purchase money Date of Policy. which reasonably pertain to the loss or damage. Further, if mortgage given by a purchaser from the insured.. or only so long as the requested by any authorized representative of the Company , the insured insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized sured in any transfer or conveyance of the estate or interest This policy representative of the Company to examine , inspect and copy all records. all not continue in force in favor of any purchaser from the insured of books, ledgers. checks, correspond6ioe and memoranda in the custody or either(i)an estate or interest in the land, or(lit an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage a purchase money mortgage given to the insured. All information designated as confidential'by the insured claimant provided to the Compam pursuant to this Section shall not be disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the The insured shall notify the Companv promptly in writing (if in case of administration of the claim. Failure of the insured claimant to submit for any litigation as set forth in Section 4(af below, (it) in case knowledge shall examination under oath, produce other reasonably requested information come to an insured hereunder of any claim of title or interest which is or grant permission to secure reasonably necessary information from third adverse to the title to the estate or interest, as insured. and which might Company parties as required in pohis as aragrap than c(mnil terminate any liability of the 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 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY. to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided. In case of a claim under this policy, the Company shall have the however, that failure to notify the Company shall in no case prejudice the following options: rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under 44 DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF this policy together with any costs,attorneys' fees and expenses incurred by INSURED CLAIMANT TO COOPERATE. time of pa mantinsured norttenderhof paymere nt and which theized by, the Companyis obliompan), up to ta ted to pay. p P } B' (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this Policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be adverse to the title or interest as Insured, but only as to those stated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured or against by this policy. The Company shall have the right to select counsel With the Insured Claimant. of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured Company will not pay any tees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys ose The Company shall have the right. at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized osecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Compam is ion may be necessary or desirable to establish the title to the estate or obligated to pay. rest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for he Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (it), the Company's obligations to the insured under policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage. other than the payments concede liability or waive any provision of this policy. If the Company required to be made,shall terminate, including any liability or obligation to shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation. s 9 t so-t Condit% and Stipulationsover Continued Inside C l ( � CONTROI Nit c Ub - 1 � 18 � 1 CONI)ITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. • the extent herein described. (a) The liability of the Company under this policy shall not exceed the (a) The Company's Right of Subrogation. least of: Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant. (n) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. in respect property p ect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the (i) where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated (it) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event, loss, the Company shall only pay the loss pro rasa in the proportion that shall be required to pay only that part of any losses insured against by this 120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improvement. of subrogation. The provisions of this paragraph shall not apply to costs, attorneys' fees (b)The Company's Rights Against Non-insured Obligors. and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that port; n of any loss which exceeds, in the aggregate, 10 exist and shail include, without limitation, the rights of the insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds, (c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy. 6. APPORTIONMENT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured which are not used as a single site,and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include. pro rata basis as if the amount of insurance under this policy was divided but are not limited to, an controversy or claim between the Company and pro rata as to the value on Date of Policy of each separate parcel to the y y P Y • whole, exclusive of an im rovements made subse uent to Date of Polic the insured arising out of or relating to this policy, any service of the unless a liability or value has otherwise been agreed upon as to each parcel Company in connection with its issuance or the breach of a policy by the Cor-,aany and the insured at the time of the issuance of this policy provision or other obligation. All arbitrable matters when the Amount of Insurance is S1,000,000 or less shall be arbitrated at the option of either the and sho}+n by an express statement or by an endorsement attached to this policy, Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of S1,000.000 shall be arbitrated only when agreed to 9. LIf IITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy (a) if the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy land, or cures the claim cures unhe lack a of title, all s insured- in a shall be binding upon the parties. The award may include attorneys' fees reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitratorlsi may be entered in any court having or damage caused thereby. jurisdiction [hereof. (b) In the event of any litigation, including litigation by the Company The law of the sites of the land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. 16. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE (c) The Company shall not be liable for loss or damage to any insured CONTRACT. for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements- if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. OF LIABILITY. (b) Any claim of loss or damage. whether or not based on negligence, All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to tango. this policy. 1'.. LIABILITY NONCUMULATIVE (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the It is expressly understood that the amount of insurance under this President, a Vice President, the Secretary, an Assistant Secretary, or policy shall be reduced by any amount the Company may pay under any validating officer or authorized signatory of the Company. policy insuring a mortgage to which exception is taken in Schedule B or to 16. SEVERABILITY. 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 In the event any provision of the policy is held invalid or unenforceable astate or interest described or referred to in Schedule A, and the amount under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. • so paid shall be deemed a payment under this policy to the insured owner. 17. NOTICES, WHERE SENT. 12. PAYMENT OF LOSS. All notices required to be eiven the Company and any statement in writing 'al No pavmem shall be made without producing this policy for endorsement required to be furnished the Company shall include the number of this policy and of thepay destruction unless the policy rnishas ed to e d ti factd.in f the case any. shall be addressed to COMMONWEALTH LAND TITLE INSURANCE of loss or destruction,hall be furnished to the satisfaction of the Company. COMPANY, 1700 Market Street,Philadelphia,Pennsylvania 19103. NMI PA 10 ALTA Owner's Policy(10,-17-92) '0IT71 1190-3 Cover pace ORIGINAL Valid Only If Face Page. Schedules A and B Are Attached T NEW YORK OFFICI%S I NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 ALBANY 286 Washington Ave. Extension Corporate Plaza West Albany New York 12203 (518) 452-4525 BUFFALO 298 Main Street Buffalo, New York 14202 OWNER'S POLICY OF (716) 853-6800 TITLE INSURANCE GARDEN CTTY NEW YORK STATE OFFICE 1325 Franklin Ave. Suite 101 655 Third Avenue AMEEICAN LANDTMLEASSOCIATION Garden City, New York 11530 New York, New York 10017 (10-17-92) (516) 742-7474 - (212) 949-0100 NEW CITY 17 Squadron Boulevard New City, New York 10956 (914) 634-7070 RIV ERI IEA D 177 Old Country Road Riverhead, New York 11901 (516) 727-7760 Issurn BY WIIITF, PLAINS COMMONWEALTH LAND TITLE INSURANCE COMPANY 50 Main Street Commonwealth White Plains, New York 10606 (914) 949-0002 1'i1le IrLvrrnnce Since 1876 IIoNE OrHCE: NATIONAL TITLE SERVICE 1700 Alarket Street I Philadelphia,PA 19103 655 'Third Avenue New York, New York 10017 (212) 949-0100 B 1190-3 P • R O P E R T Y R • E C O R D S • VBT i'r`j 3dt{1 JIt r - UJ, /1Ad1' U a:�r� `J,YUDP 1W]L1H 1r l l•w1='^:)tl j!lll_ .� t;c u F _._...... _ em --+; File Edit View Toolbar 'Windraa Help 52.-5-59.10� 473089 Southold Active F l 4 Sch9ja 0ree por, ppl • Baiz, Christian Roll Year ,2009 NextYr Land rights 4ah V. 47AB 1435 Albertson Ln Land Size 32.99 acres TOW AV: 4;t0i!' Parcel 52.-5.5610 Owner TaxB ill fd ailing Address ! 3rd Party Address i Bonk Assessment t !Total 1 Owners- To open click the appropriate row Rr ht Click to A d �J Spec Dlstt eta. ,, r� ..-; 'gipFill P4) ri� �..� Description .,, 0avner(sJ _a Images ._� Gis Site(1)Res Last Name l Company: First Name MI Jr,St.;etc' Land(s) °Baiz Christian 111 'Attention To I In Care Of Additional Address: Street No: Prefix Dir. Street Rural Route: St Suffix: PostDir. UnitNamei Unit No: Po Box No: Cityflown: State, Grp Code: 1N Southold NY 111971- Country: enter if not USA" Bar Cd: !Ownership:e.g.Life!Use Owner Type: P —:Primary • Ready Miff • • TOWN OF SOUTHOLD P06PERTY RECORD CARD OWNER STREET J VILLAGE DIST.' SUB. LOT y° w �cYs> i { a/ MRi N RD, 0-2Ff.� FORMER OWNER 3a �/ olIU� I N M21Yns� E ACR. c- C: c Svt"-( �/5 S W TYPE OF BUILDING RES. I SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3 p J l G U .- ri4 p r sr . ,, '' T ro6eio ( - --3 , ,/_.�, 1 _ L,� •� /: - < 1 xC<J� l , �r G�1�� ✓z?C� / _ - f ii zq I eY �'�' (� Y r Y`� �0) w•,r 'r �.Ltl^ c(� i PIC, LC Tillable 'r�ci9rtG �o S�afG�oldTwri ✓�� s i Tillable „ FRONTAGE ON WATER •c. Woodland �, J, S I t �"` I i� a: FRONTAGE ON ROAD c Meadowland _ .. DEPTH House Plot / I BULKHEAD TotalL/ _. . ' U Q o ' .0 " ,y " ,J - OWNER STREET (_ VILLAGE DIST. SUB. LOT Q y FORMER OWNER "w N E ACR. < c� 1-73,irX Sous ZAdc - O,es I _L 1.4 L 62.6 +o+�I zuy-vcrv\ � S W TYPE OF BUI DING Ca - f � er rnC pl dri � M. (- -yoxn RES. SEAS. VL. AR 14S COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS D Q �l S 25- c- �1[Gcl YS p /ay/ 7? n r _ no /7/'77 -hiA C AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE f }M 1012b FARM Acre Value Per Value Tillable FRONTAGE ON WATER �L5 Woodlan S G / ,: 1' .a ?J Q d, FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK �_. _ frzSo , � sLiFOL%CCRNTY TA%Y4P 5%MBREO- ♦ i ew r ww . EE ...y.. . - M \/ --- - NLNd)i YMiiEN FEINSSNIN Cf 1NF M 56%lE N FEFi� A IH qv� Y�{ REu RRORPRrr 31%s6R'TF 1¢rcr. P !"las�m 1000 PROPERTY CEL NO, C.NU. -0Oi.3 1.2 • ].041c1 w Y 4 4(cl 5 $ 1.5 m 29AIc1 2002 Suffolk County a , Tax Map Book 1.3 O 12.IAIc1 4.9AIc1 LSO) 4 0 m5 � ♦ 1.SAI0 .n 54 •S• J su LA. I501 `n 58.1 gR 5B. OA2 11ALc ALBEPi50N �" 57 1.SA10 LN p 53.2," n :w 5 9.2 a� 59.1 LL(c) I W Q A 56 p � 1.84 RUE)Env I � 2 i S.oAld 4 f% x a.,♦/ 6 1 60.2 6.5Mb 6 �i X 14.01Ic1 13.13AIc1 e BXr 'rox� BJu 63 59.10 31.8A /P , IpF ,� ♦' TOIN CL 6WTHOLD ��' 59.5 ESN xx«)si 4.5A e bs w ro o Q. F12 59.9 nb>J �.•O 23dA I .� O\\� PELONIC LAND LRUST b N (J \ Ja m FOR PARCEL NO. SEE SEC.NO. 056-04-ON —LINE NATCX �� x)t56fd \ LNE n SEE SEC.N0.056 w PoSTINITI NorlcE COUNTY OF SUFFOLK © SOUTHOLD SECTION NO MAINTENANCE,ALtERAiUN,SALE OR 4 H Real Property Tax Service Agency r OISTR16UTION OF ANr PORipN OE TxE nLAGF 6 0 5 2 sLEFDIR cwNFr TAx uAP is TEO CDI+1tY Center Riverhead,N Y 11901 1RxOUT WRITTEN PERusSYJN OF THE A ti A E IN OUT. A °sL Ml REAL PROPERTY TAx sERvicE A6Excr. ® P MS ° CGi9CT W 1000 PROPERTY MAP CONVERSON DATE: Albertson's Lane ' Southold '• ID: 583 FGIVEN 4s 1 s S 0 c 1 7 F s P • E C O N I C L A • N D T R U S T • Celebrating 15 Years of Land Conservation • PECONIC LAND TRUST NEWSLETTER 15th Anniversary Issue VOLUME 10, NUMBER 1 SPRING 1998 • _i a s 3 O z` a Cassidy Preserve In 1997, the Trust received it gift of 23 land.The plan created for the family was a reverse the dredge spoil fill of the early acres of tidal wetlands in Greenport on relatively simple 3-lot subdivision that 1960s. This work is being coordinated by the North Fork.This acreage is part of included it 2-acre residential lot, it 33-acre Chris Pickerel], wetlands specialist for a 58-acre conservation effort undertaken by farmland parcel,and a 23-acre wetlands urea. Come]] Cooperative Extension of Suffolk members of the Cassidy family who had The Trust coordinated the sale of develop- County, and will contribute significantly to farmed the properly hordering Hasha- ment rights on 95c/r of the 33 agricultural restoring a productive wetland and thereby it momuck Pond for many decades. At one awes fo the Town of Southold, thereby pro- healthier bay system. point, the family made the decision to sell feeling it and reducing property taxes. In working with the Trust, the Cassidy their property and it 19-lot standard subdivi- The remaining 23 acres,given to the Trust family was able to realize its load of protect- sion was planned However, the project was as a preserve in late 1997, are wetlands that ing their land without compromising their never completed and the family sought Suffolk County designated as it dredge spoil financial considerations. Their gift of alternatives. They approached the Peconic area in 1963. This wetland area is adjacent "Cassidy Preserve" is a charitable gift and Land Trust in 1995 and the Trust assisted to Mill Creek,one of the Town of Southold's can be used, if qualified, to reduce the ta ni- them with the creation of a concept plan that most productive shcllfishing sites As the ly's ordinary income tax and to offset the would not only help them iealixe the equity new owner of the Preserve, the Trust has capital gains tax on the sale of development in the land, but also provide it conservation embarked on it wetlands restoration project rights on the farm acreage. component to enable them to protect the (see accompanying article) to partially Wetlands Restoration The 'trust views conservation as an ongoing process that includes Hashamomuck Pond supports a considerable population of wintering long-tern stewardship and proper management of the land it has prrr waterfowl and is the most productive hard clam bed in the Town of tected.The Cassidy family's gift of"Cassidy Preserve'•was an opporhr- Southold.In 1903,Suffolk County dredged the entrance to the Pond and nity for the Trust to implement it wetlands restoration project on the site. deposited the spoils on the marsh, filling it tidal meek system on the The following is an excerpt from the Trust's management plan prepared northeastern shore (see cover photo). The parcel includes salt marsh, by Chris Pickerell. successional maritime forest and dredge spoil area. High quality,esur- C anne high and low mush h ibil R currently occupies one third of the area. Fortunately, the depth of till is shallow, ® ' h x ` q and the fact that there is a source of'tidal water unmcdi- U t ately adjacent to the spoil area makes this site an excellent candidate for restoration. Hydrology of the nt a sh is done r mated by monm rile mosyuno ditches which predate the dredging in the early 1960s.A site survey from 1963 indi- f cares that the tilled area was once 9 tidal creek with Sir- ��/ /� /In /� ')/�//l rounding high marsh meadow.Unaltered,this site poses it sigmhcant mosquito breeding habitat and offers little in the way of wildldc habitat. The main Cows Of our restoration effort is the creation �I / 'fki I / ;! / )' of low marsh and tidal and habitat The topographyand ; / ////�// Pt p/q/ /�� hydrology of the site will be restored so that it appears as ��11 4 y it did prior to the original disturbance.The goal is to cre- ate conditions suitable ire growth of smooth cordgrass (Sparhna alfenui loia); once the cordgrass is established, i other functions will follow. The proposed site plan will i take advantage of the existing ditching to bring tidal waters to new ponds within the spoil area.The presence of peat,as well as considerable clay, will allow the ponds to �) `! � be constructed so that they retain enough water Co support the growth of wid eon grass(Ruppia marnima). Small-scale plantings of smooth cordgrass will be under- taken to stabilize the banks of the ditch extension and por- •""`` tions of the Pond shore where erosion is expected. The ,fs. newly created low marsh habitat will be allowed to vege- tate naturally and the depth and salinity of water will pre- Lands of Pecooic Land Trust vent the common reed from re-colonizing. ANDREW CASSIDY K OTHERS CONCEPT PLAN P o.ao.208s rowu or sourHaro s,,,,n,­ny...,.sr frees Monitoring by Trust staff, including Mn Pickerell, will SUFFOLK( involve visiting the site twice monthly during the growing Concept Plan nmp crenled be Gm.cenniinn Ado i.cnrs details the wetlands preserve nrea. season to record tidal elevations and observe erosion and fire protected farndand acreage, and the LS-acre residential lot. The Cascida fmnila is plan( growth. This procedure will be followed for two looking jot a bioer fin the,fit inland ac)eage. years to ensure that the project is a success. The f,flrnrin,g lene,- ties re, ,it /Font G-aham Hawke, furnrer F.recu he Uireefor of the Tennessee Roc, Gorge Trust/allowing a hint=,twit to tail You are preserving the very essence of life and a way of life on this Hill Preserve. It is printed here trail,/its p<•r,nissian. island.You are preserving the right of this land to exist for its intrinsic Thank you so much for taking the time last week out of your busy value, not just for us, but for the planet as a whole.The farm itself is such an important wary to relate to the land,in the way we were meant schedules to visit with me and involve tie with the work you are doing. to—through an intiniale relationship�ome where we are constantly 1 appreciated your kindness very much. It is mind boggling to embrace reminded of our dependency upon creation to sustain us and, in turn, exactly all the good work you have done and are doing on Long Island. our responsibility to treat the land so we don't fundamentally alter its But the importance of it was brought home to me as 1 walked around capacity to continue to sustain us. Our burden as horn.sapiens is we Quail Hill very early that morning and that afternoon as Scott drove me constantly need that reminder, that intimacy, in order to he stewards through the fields.To my conscious mind came a flood of feelings from with the creation and not domination over it. the time I was a ten year old boy spending summer periods in the Quail Hill provides people with the opportunity to have such a van- Hamplons. ishing, intimate relationship: to dig in the earth with one's hand,feel its Sure,the place has changed dramatically since the times of my boy- living grit between one's fingers,the taste and smell of it in the fruit and �hood visits over 32 years ago. But as my conscious and unconscious vegetables grown in it, and therein celebrate the bounty creation pro- ind merged during my visit,I was recollecting past memories because vidws for all of us. they were suddenly grounded in the present—memories that would have Hopefully,all of you in(he Peconic Land Trust office find the time been left memories if that land had no( been protected. The feelings amidst all that you have to do to protect the land to appreciate it. I, were one because the land was still there, ancient lands, remnants of for one say, "Thank you" and Godspeed to you in your continued glacial moraines that simply have it right to exist. good works. page 2 r , r I 2001 Aerial SCTM #1000-52-5-59.10 1435 Albertson Lane, Greenport 32.9873 acres dev rights to Town of Southold SCTM #1000-52-5-59.9 23.2460 acres gift to Peconic Land Trust • • A � E R I A L S • • F 1 ' �'� 2004 AERIAL VIEW ' 1. 1 ► tt �\ \343Ar .. t 7 11 7T , -r•,I. 3 L D r� 1 , : �� • '. J ! it n d S L 14, 2001 Aerial SCTM #1000-52-5-59.10 Premises: 1435 Albertson Lane, Greenport 32.9873 acres development rights S � U R v E Y • • r'IfS I r P Y / � F A`F 9 1 r ' '4 s , - 4e„ •�,��C/G `S`�i� ao'p °0 �� Aimrsaw•S - W LAW A 5. g10�Q� - N, stI 5 I P� r q a , . . . V • 0�Q �G�O aSI a L CElt OF 7`0• - - - TOWN WN OF'SOUTHOLD ,3 / co ARSHAM°MAOU, r 0� �a6 KEY MAP �nrovWEAL rN c qNo TITLE wsuRANCE ca+rrv+r o.� �f�l�f�t• .00 / r 4. �• Q �y Pc }, . �. r scale: soo 6 p POND . I h 1• 6 \ 4 0 �. 5• A O / i r 3o oho CD d i - •3 • o r S MAP OF F'ROf ERTIES '� w = ' �;' you ,S.so• FOR ANDRE'W CASSID Y & SONS ee � "9 �, 62• s s Y •, � �' 1 u ' \ � � �v SFa2 AT GREENPORT _-_ - - _ 1 -_ P � TOWN OF SOUTHOLD z / N. Y. � • SUFFOLK COUNTY , 3 10b0 - 52 - 05 - 591& 4.4 3 0loo An. 15, 19949 - 69 , '. , SEY'ARf'A� pA."�^.°2'i m �lY ' d ¢ BAI46 K4Nn`'+1 tK.•v3� f° `, �� A�' no �i w qd AA o 50 KreIt a Q _ _ oPp 2yl Oro � Y, d °ods I " �; f gD' wi „ N $0x c° EpSEME� c ' l; P I TEST BORING ! utRaNG 151ST/7lCTS, T•f, ! 8 R 80o. v 5.�6•g8 4 AIL i� �. FAO o� i' o \ LOAM o I \ 1111 ANDREW CA W,r' " . 5' W, 5. •"s.N�• '4d' �\ / 25, yp. ex. iww f +,tdp5'ALBERTSONLANE 1 HEROY r•EHTITY THAT THIS MAP WAS MALT BY US V O gpl gr�5' y. i �•2V• W "� c'AM . + •GH££'W_ ORT' N.Y. FROM Ar'�1/AL SURVEYS COMPLETED r i��9� AND THAT `r y„ 5• fa ti O 3' ALL MONUMENTS SHOWN THUS, I HEREON ACTUALLY o 'q3'E M EXIST AND THEIR POSITIONS ARE CORRECTLY,SHOWN AND AZ S--� JJJ ALL OWENSILINAL AND G OD, DETAIL5 A(£ CORRECT. y e %7 A5 TQPOk"jH,q PHICAL INFORMATION FROM FIVE �/ foSTE, TOWNS, OPOGRAPHIC MAP JOKN T. METdGdIP sM.Y.S4pc. NO. 496I8 W N y . �. 449 �y �p m &' �h i " A^I. S� . � , •� i I I �J p �� _ I/ � ,� h0 'V m:3 b _ I ,P _�•� n� W^ �r YO '�k��".�'u�R"i, ',kN'�ia:+�a�t^, ��.'�"'^,y,'�,A,'7(�•ir�" 'Kay." 1, x., Y NA OIi - : N� f ✓"' 5 i s I\ - 5 _ _, (I l '_ -_ �'`�e'Q.5• � ';� 5• gp 7p' 0Tfzu �00 + Z 45181AcreS O PeCo�� A0�e9 \ \p, l , �Peo2P53�'o 'Sg1flT 2546 OT cres,4 a t I I. r 10 AL o t©TA � iA50 62.58294es � 1,oT MOA d',00 ,5E y.E x - -'i �• i b IK U5 29 I c N. O 4. Y.S. LIC. lYfd 496/8 1919A35, � 340 65' 03 � 5 �55'OY0°' W. - - ` ---- —' --s a- - i . e '2200.0 5•\9 1� LONG ISLAND RAIL ROAD P. 0. Ds R•A P S P,,�'. 1", resr eoNNa Adam 422193, - MAIN , ROAD SOU_THOLDr N. Y. 1f971 SUFFOLK COUNTY DEPARTMENT OF HEAL rH SERVICES PROPERTY LINE HAUPPAUGE, N. Y. _ __ �� O\ -!�y \ °060%y !' Mw. rest Boring ,3F.a�,0-1,.1-0 g y'l' 0 � DATE MM 11 ll '� _ �- I' 0' P` �s,�o rip F• S� 0 mi• MI Dr. Brawn P` 0.� \ G'L� �n0' l' v� ALBERTSONS LANE oam OL 0 \h ti rat \� THIS IS TO CERTIFY T 7�1,l THE P OPOSED REALTY SUBDIVISION OR 1 Pole Rrown ti�\1 QP .a - Medrsm f° — 4 RM)ER 602JT' DEVELOPMENT FOR fSfAIE O- f7AlDTeuJ (;asSr.J✓ IN THE HG coarse send '1D`\ 0�`• r F'• �.[� (YlGxjrwo D WITH A TOTAL OF 3 LU15� APPROVED Sp po ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL 10,AWN -P "o 260 �* SEPTIC (\ ry FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT TANK I' {�+ C\. 1 O@F?O AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE _ PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE LEACHI �B'MM! zl ,` 99 •J+ \ A VALID ONLY IF THE REAL rY SUBDIVISION /DEVEL OPMENr MAP IS POOL O— DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. 5'MN. Brown Med. P�GJ 3 4' a CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH to coarse F THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ROAD sand sP G '• ? ACCO CE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE `P�• `99- 5' SITE '0 3 s SUFF r. u rraev coDE' TYPICAL PLOT PLAN la 90 oo.o. JOS PH H BAIER PE. P � � C , DIVISION 0 ENVIRONMENTAL QUALITY �° \ \ 'ha6• `'F ca THE WATER SUPPLY ANlO SEWAGE DISPOSAL 0 !, \ o FACILITIES FOR ALL LOTS IN THc4 DEVELOPMENT y0,`09 0. 1. 04._ COMPLY WITH THE STANDARDS A REQUIREMENTS ,_ �0 \ - a OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH. \ OQ PO 99 QapO ae-Ln v Z. 5 . ao / 6' a �0 m p� gh a z KEY MAP 00 \ �% Z Approved in aCMINJonm with Board of Review ss. ,_ determinatbn dates MAY 0 8 1997 Fs O OJT u � CERTIFIED TO, ,� oo \ J ' O `\ TOWN OF SOUTHOLD COMMONWEALTH LAND TITLE INSURANCE COMPANY SUBJECT TO COVENANTS IL RESTRICTIONS 418ER_��. f P s� PA `� FINAL PLA T \ l; 9 5 s: MAP OF PROPERTIES f ftiti Cb s• ESTATES OF ANDREW CASSIDY AND OTHERS Fc�- AT GREENPORT S�FOLKWN OCOONTY,OLD �eQ - - a } �\���5 ,\ / 3��,. Pa/� N. Y. 1000 — 52 — 05 — 59.6L"L S O �� 0' 25 5Sc /00' 1150 1200 300 0 3 , 1� ,: �� ' _ F,�j Gtey r3 5 Lw Dec. 12, 1996 N0. DATE REVISION OUT PARCEL T. WELL T. BORING 0� !/ tower / 25, 3 R R�6 !, � 13I999 l Id � E' 9R ov M ryO TOTAL AREA = 58.0698 Acres ` '� 06 0' �' % 5' w;: O 60, WIDE TOW ATToRNevsor-+l=l a o 0 l�• f0 tie lines 14 1997 TOvvN oT-souT !,�.. � 10' b NT -- - - - M R _ ASEME LOT NUMBERS SHOWN THUS' ARE REFERENCEDedt*eq,DAfllotMaRItlFBBNIeFa N` 2°1• -i°- I��O E ! \ a°� TO SET OFF MAP FOR ANDREW CASSIDY 2 8 SONS _ I �, \ ✓ O .\ 6.$20g / I I s.Z / ag" `II• .55TOPOG, �• /t+lE(5r I 3 9• 3 ASTERN TOWN. INFORMATION cMOA, FI4'E cG` Yp ° S. A EASTERN TOWNS TOPOGRAPHIC MAP c?/ i.-M-erz,�F�� /I/ 5 / ,m a50 a - 5• ° £.,, - I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM - l �-� % vb u 9t ACTUAL SURVEYS COMPLETED / /a qn / THAT ALL MONUMENTS f �.I ;=� 1� wer 1 No �° ? - �� p , I AA9. SHOWN THUS, i ACTUALLY EXIST AND THEIH POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSION�IAWL�AND GEODETIC DETAILS ARE CORRECT. `\ .� 49 t,a �Jw W I ! \� ti /.fJ Q`Z0 a`„�Q, 0'S 50 �5 W JOHN T. 6ETZGER, N. . L.S. LIC'. NO. 49618 REA \0.\ 4 / 9 \5' 0" O M N ili' r 3 A I 1, / ! S2 v'•� rL\ to S 2 /' / P p N �' / / PPRI/ Pees 5 / 5 \ 29 5\0r v+•o15TR1 . 22e4g0 0� � s -- ' s• lines I °le ! M 00 P i 2O 35 / g 65\ - vGt a9 OWNER+ S �5� ANDREW CASSIDY P - —, /815. _ G GREEALBERTSON E PORN. Y. LAN S 40' E• , -- 035 A Y ALTERATION OR ADVITIC'N 7'0 THIS SURVEY IS A VIOLATION i� _ OFNSECTAS PER C THE NEY PORK STATE EDUCATION LAW o� ? 14. / OSE SIGNA TURF APPEARS HEREON. (5�61 7l6 SU O['-O RS, h 40" 1 5 _ _ \9� FACEPT AS PER SECTION HIS MAP 2. ALL CE F' ON,Y (F HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY lF , SAID-MAP OR COP/ES BEAR ThE IAPRESSEO SEAL OF THE SURVEYOR y °wer _ _ _ _ - -- — - — 1919,35' l ADDITIONALLY TO COMPLY WlfH SAID LAW THE TERM 'ALTERED BY' P. 0• 0 g 4°b'r.,� ET S. 55.0I'00• W. 5 - MUST Be USED BY ANY AND nLL .SURVEYORS UTILIZING A COPY 1230 A _ mow:(: OF ANOTHER SURVEYOR'S MAP. PERMS SUCH AS 'INSPE'CTED' AND SC ITHOL ' 971 LONG ISLAND RAIL ROAD 'BROLIGHT-TO-DA TE' ARE NOT IN COMPLIANCE WITH THE LAZY. 93-228