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HomeMy WebLinkAboutCassidy, Andrew FC~ ~o a O ~oGy _~. 1000-52-5-59.10 (f/Wa 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 #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area: Zoned: Existing Improvements 1000-52-5-59.10 (f/k/a 1000-52-5-p/o 59.3 and 1000-52-5-p/o 59.4) 1435 Albertson Lane Greenport $230,911.10 ($7,000/acre) Agricultural Land Capital Funds n/a 58.0699 acres 32.9873 acres to Town; 23.2460 acres gifted to Peconic Land Trust 1.8366 acres R-80 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 Arshartomaque 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 Bisects 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. C 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 development into • sizes of 80,000 permitted. property is zoned R-80. This zoning permits a residential subdivision with minimum lot s/f. Present agricultural use is also ASSESSMENT AND TAXES 1991-92 Assessment S8,700.00 1991-92 Taxes 5092.55 _~ ~ ~~) Part 2 Valuation of the Entire Property A. Description of the Site J 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. • 11 ,~ Part 2. ~~ B. Zoning The subjects 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. 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. • 12 • C P R O P E R T Y V I S U A L S • U N / ~I E `~~ E.~ STIRLING sa//~ In Ced Pd i ~°,o; ,,~ ~. ~ q C~. ti' L ~~\ P ~~~.,~ N ~~,~~~ O Z E w N Q K Lr I a c~ z z o ud o d <~i~„, e 97 0 a _ G ~ /I H / Jennings P /' SO UTHOLD .\ B A Y~.~ ~\ / ,~ /Y '~\ Paradise ~~~ EAS' ~~ ~j; "'1 j S~d~ ~ ~~ U"U.~?~TCl~,~J~ /cce Ha tl ©;~^j~~o ~ oungs Pt vn!^L L °/~/1VI1 (l.o ;,p°~i+DCC/d Df1RT Y 94 6 SEE SEC. NO. 044 SEf 3EC. NO. 044 _LINE MATCN ~~I INE _ __ _ MATCH z LINE _ z HLA.PO. ` E~44 4 FOfl PARCEL NO 019 ± SEE 3EC N0 FOR PARCEL N0. SEE SEG. N0. 094-09-003.1 •~ . p -04-003.1 lag /,, w 3.O4N ` I 1 r / 1.4 p e 3.1AId I -~ 9T ~.r B •m FOfl PARCEL N0 J -'\ ~ 9 . p5 0 1. . SEE 3EC. N 4 ~u Id ® 12 ]AIe1 ~_ 4.eAlq i v 0. da ~ 3 FOP PARCEL H0. j I Y SEE 3EC. N0. 4., •je ~ ° 053-OI-001.2 •• Ji ~ Pp- CT;. /l ~ 2AAld 4. - LIA(d ve n mo 5. ~E i. V 3 ^ Isol ~ .w an 64 S •u' ALBEPTSON LA aoo. a.. SB.1 ~g LOAN. S4c1 1j11 I I IAIti 53 2 ' 'Q 1O °• <EYETERY . . N b / •` !~ '~ aJ ~J n .~ 58.2 ( . ~ 51 LlAlcl - I ~ ~at• . tae ~ L~d ~4 l I ieP ~ I / ;% 55 ~ _ / /~ > b 80.3 60.2 BAId 3 ~ ~~P 6.5A IR1 ~ I - . ILOAId 1 'e 44 a 6' ` I . .~ r° . ~ • p~ b. Y O ' • 59.6 ~O'4 S ,+~ Jl Af ~• ~ 4w SBIa1A ~ I 59.5 9.5A m . qYF 4~ \ b ~' ~ F. 4 1100 G:. i.i /i . b '1Q ..40 10 ~r4 5: / m . 9 ~ b ~, yy, ; v w ~ •` ~ • ° ' I v ~ ~ I `~ + a .~" - o' \ LINE MATCH SEE SEC. N0. J56 SEE SEC. N0. 036 KEY MAP FOR PARCEL N0. SEE SEC. :!0 056-04-021 N315~W0 SEGN0056 MATCN ~- LINE / F/ n ('(ll INTV (lF SI IFF(~I K T°"N°F C • i C x [9A V 0 o (~ • O 1 \ ~k ~ \ ° --~ ~ \,~i ~ ~ ~~~~~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~~ ~~ PECONIC LAND TRUST \~~ ~~ PRESERVE AREA ~ 23.35961 acres ~ J ~' ~ ~ ~ ~ SALE OF DEVELOPMEI~~ SU? ~ RIGHTS AREA O 33.6664± acres ~ ~,/ ~ O ~, '65 H ~~ ~ n o ~ cos ~~ ~ oo O~ O ~ I 9 ~~ ~ ~ _ ~~ ~~0,~1 / / p K a ANDREW CASSIDY & OTHERS TOWN OF SOIfiHOLD SUFFOLK COUMY, NEW YORK CONCEPT PLAN ~ -~,=-= m .~ ,, - o i y,s a~'~ o 0 ~ ~ _ \ \ ~/ _LL ~~ ~ Pw ~~ ~L.and Trust •~•.m ~I, ~ - ~ J • '• 1 1 '• Tax Map Location 50 r~ ~J • i f~ ~ -; ~ ~ ~ iI11 i~1 91 ~~Yei' ~P~~~~SN ~' -"i ~lY~1 ~ ~ ~. L ... y ; ~ yr a - ~}t :.Sl ~ ~~ p~. . ~.w aa { ~ ib.s ! ..A ~ - 'a r„`~~t"s,ra r ' ~y p-o+*-fY ~M'L ~.,G t.~'-. 4 ' a : ~c, -~ s to ~ !y ~ ,~ <p: + .,_~„. ~r ; l J ~ ,,, ' _ ';h ~, c ~ sib W?.' b ~ , lk_.. ~ F .~i, ~~ ~ i~" l~~f~i /. ~~F - E y T ~ ~~' - - ~ ! 'eJV. y - -may ~"t"Caii.tb_e ~i'...~ ~ - «3~ J.,_3 ~.- ~_- - r t-I' ~t .. _s .~ _. A1 ~ s; 'S;~ is~ .:.~ 7'~ ~?'~ ~, iy.~i. ~ t a - - ~ ~ r ~ ~_ K. x ..: _ n1P /'~rt• ~ _' _ 'c- ~ Sb' 4~y~h. ..~, .~~ ~ ~r. Subject Front Subject Center Subject Lilco wires • ~~ • Subject Street • • • P U B L I C H E A R I N G • JUDPl'H T. TERRY • TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER =~o~~gpFFO[~-Cp~ 0 O ~ ~~ ~1 ~ Sao 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 (616) 766-1800 THIS IS TO CERTIFY THAT THE FOLLOW~NG RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 6, 1996: r 1 U RESOLVED that the Town Board of the Town of Southold hereby sets 5:00 P.M., Thursday, February 22, 1996, Southold Town HaII, 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. ~diG~th T. Te' ytG ~~~ 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 b 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 descriiions 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 I * * * I I 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 IN THE MATTER OF THE 5:00 P.M. JUSTICE EVANS: "Notice of the Agricultural Lands constituting Chapter 25 of Town of Southold will hold 1996, at 5:00 P.M., at the New York, on the question the development rights in wit: Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore } PUBLIC HEARING SOUTHOLD TOWN BOARD FEBRUARY 22, 1996 UISITION BY THE TOWN O Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Absent: Councilman Joseph L. Townsend, Jr. • • is hereby given that pursuant to the provisions Preservation Law of the Town of Southold, the Southold Town Code, thF~ Town Board of the a public hearing on the 27nd day of February, Southold Town Hall, 53095 iVlain Road, Southold, of the acquisition, by the Town of Southold, of the following parcels of agricultural lands, to (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: Cive 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. Cold, as Chairman of the Committee would you like to make a comment? JOE GOLD: Yes, I would. I'm Joe Cold 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~~~y ~ (/ Southold Town Clerk • • a~~Vx~~w ~w~Oa~H~Oz • • • • JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516)766-1823 Telephone (516) 765-1800 ~O~o,,, „' ~oG ~ y 0 h • ~ ~ ~ ~o! ~ ~ a 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 33.68641 acres, at a sale price of $7,000.00 per acre; said property located on the south side of Albertson Lane, Greenport, New York, Suffolk County Tax Map No. 1000-52-5-59.6; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance tq Marie D. Cassidy and Carole M. Cassidy; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. u Judith T. Terry /~ Southold Town Clerk February 23, 1996 • • R E C O R D E D D E E D • ~/~~z~~ • o' p ~ Sq. i s~~o~/ v DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 9C~-04i~ G( day of September, 1996 BETWEEN ANDREW F. CASSI~Y TE~AMENTARY TRUST (SUR 6 Hill Dr.,Port Je fetson , , I' tG Su4~ py`tzlrA,uz 161$P 1994) SUFFOLK, BY L -_ ~ : CAROLS CASSIDY, r~qa ~R.us{~c (~1MUIiVII~Uq~)y~aS~UsTe~ Cassidy Lane ANDREW'R. CASSIDY, HERBERT O. CA~SSI~Y, TF~~SMp~,AS~iP1.~~/~~~ ,10AN Port 7ePfer`~son NY 486 . RiverheadaNY 1 Souttiord DIY~~ ~~ CORIE, and ELLEN P. CASSIDY, ~' - party of the first part, Stu~.it Avenue 2110 La Ater, Haslett NII Northrort 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. yVITNESSETH 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 rust 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 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 parry 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. ~ ~ ,,L ~A (,/~ • PiQCI/6f/ SQS ~-L/l~/ ~f ~~ ~(~'te ~'"f( / 't-~i _..._:CNiQEAi:T:- L?h^ '_'?'_'~.. INSUP.:-STCS C'JM?~,An' ~+~~~-'^~n^<<,;vi • T Tl_ N.C. RE96091. SCFiEi~ui.n ~. T::G 9P.EMISES IN W4ICH ?'Y= INSURED :i?S T?sz ESTATE OR INTEREST COVERED 3Y ??iI5 POLICY Amended: 8/8/96 ALL that certair_ plot, n iec e or parcel of land situat e, lying and beinc at Greeaport, Town of Southold , County of Suffolk an d State of New York, mor e particul arly bounded and described as follows : BEGINNING at a Coint on the southerly side of Alberts on's Lane , distant 633.08 feet West as measured along t he southerly s ide of Albertson's Lane from the corner formed by the intersection of the southerly side of Albe rtson's Lane and the westerly side of New York State Route 25; RUNNING T*.-SENCE S outh 31 deg rees 43 minutes 20 seconds East a distance of 403.51 feet to a point; '!"3'_'NCE South 21 degrees 23 minutes 43 seconds West a cistance of 240.09 feel to a point; THENCE South 29 degrees '_5 minutes 10 seconds «est a distance of 450.42 __et to a 0o i^_t ; • Tz.=NCE South _S decrees 03 minutes 50 seconds West a distance o'_ 30.11 =eet to a po iat; ?^_3~ICE North 69 degrees 45 mi. uses 14 secoaas West a distance of 167.78 feet to a point; Tz,=NCE South 12 degrees __ minutes 4Z seceads West a cistance of 22E.25 =eet _.. a point; T~IQCE 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 cistance of 103.72 feet to a pciat; TBaQCE North 70 degrees 50 minutes 25 seconds West a distance of 106.29 feet to a- 7ClnL; ThcivCE SOllL.R 31 deCreeS 19 m1auLB5 __ SeCOnds West a diStanCe of 149.55 =eet t0 0 '~CinL; T??ENCE North 65 degrees 00 m:~utes 59 seconds West a a.._istance of '_22.__ feet to a 7C i.... , T•??NCc South 26 degrees =2 minutes 09 seconds +rest a distance o'_ 207.1 '_eet to a ociat; "="^~TCE Nort 60' decrees 0' mi .ores __ seconds West a .:i stanc_ of 286.8C f_e"_ _.. a ___.t-hued) 'TLE NC. ? 5oC9'_= L~G!5!+-ITY ~rM'`iR ~CHECL~E - CON':'=ivvc.': 10_.50 `_eet tC T3-.NCE North 13 degrees 34 minutes 50 seconds East ~ czstance o= a point; THENCE North 15 degrees 42 minutes 48 seconds East a distance of 65.43 feet to a point; T?i"'NCE North 67 degrees 45 minutes 35 seconds West a distance of 98.98 '_eet to a point; T~NCE North 52 degrees 28 minutes 39 seconds West a distance of 142.62 feet tc 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; TFIEPICE 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; TN-NCE South 84 degrees 42 minutes 00 seconas East a distance of 130.91 `_eec to r & J.M. Earzc_ewsk_~ - point and lands now or formerly o' J. ' 'I:?NCE South 07 decrees 25-minutes 00 seconds West aLorc Lands now or formerly • of J--- ~ J-M. 3arzczewski a distance of 84.17 feet to a ?pint; - TT~"NCE Scut^ 81 decrees 39 minutes 00 seconds East a distance e= lOG.00 _eet _., a point; ^_'?i'~ICE North 07 degrees 26 minutes 00 seconds East a distance of 30C.00 °__- _~ the southerly side of ALbertson's Lane; TffiQCE South 81 decrees 39 minutes 00 seconds East a distance of 308.47 feet to an angle point; ?'ONCE South 8'; degrees 40 minutes 50 seconds East a distance of 43.99 feet to a point and lams now or formerly of Cassidy; T~TQCE South O8 degrees 19 minutes 10 seconds West a distance of 346.10 feet to a point; TF~ICE South 9i degrees 40 minutes 60 seconds East a distance of 222.30 feet t~ a point; ^_'~....NCE North 11 degrees 14 minutes 50 seconds East a distance of 183.68 feet =.. a point at the southwesterly corner of a cemetery; '?':~7CE South 81 degrees 40 minutes 50 seconds East a distance r 2%2.00 t--_ _= a point; f Cont~...ed1 • ny`T( arCn __:~? Nc. ?~ s6es15 "~F ~~IC°~F1L°u~ F~= JLL CONT:NL=..: T?-L"NCS North 11 decrees 14 m:.~utes SC seconds 3ast a distance of 162.87 feet to a point and the southerly side of Albertson's Lace; TEiENCE along the southerly side of Albertson's Lane South 81 degrees 40 minutes 50 seconds East a aistaace of 71.55 feet to a point; THENCE South 85 degrees 42 minutes 20 secoaas East a distance of 140.'_'_ feet and the point and place of 3EGZNNING. FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in ZF ZNTENDID FOR CONVEYANCIl`7G (and to any streets and roads abutti_~g the above (descr~'ed 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 ~. iildi~i~~i~l~~dyas Trustee,Andrew sT ipdyPru • STATE OF NEW YORK ) ss.: • COUNTY OF SUFFOLK ) ~~ C~role~l Classi a/x/a Carole ca ~' cassiayTn: in iv! ua/l /y as Trustee, Andrew 71/ l Joan Corie ~~ Herbert 0. Cassid ~ ~~~~ Thomas P. Cassidy ' ~~ ~ ~ Ellen P. Cassidy a 11792 PC233 • n LJ e ~ tiu~~~ j ss , ~ ~ts`'~ On the ~~ day of September, 1996, before me personally came Andrew R. Cassidy, indiu.+asTrustee ~~glet,~5~ssidy~Joan Corie, Herbert O. 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. Philp J. Cardhiafa poyry PuWG 3ttl9 of Hew Yank CaoanWbn Fe:~ie~ J~ 31, 19@~ State of Michigan: County of Ingham: ss: ~~ ~.: ary Public On the ~ 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 Note y Public K S11fVE Mohlp P~ ~ Gbw4', fJl w~ilkt @tpYpo J~a 84 t998 ~~~~~~ 5 J • T I T L E P O L I C Y OWNER'S POLICY Of TITLE INSURANCE ISSUED BY ® Commonwealth, Land Title Insurance Company The Company will also pay the costs, attorneys' fees and expenses incurred in defense of [he title, as insured, but only to [he extent provided 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. 1. Title to [he estate or interest described in Schedule A being vested other than az stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Untnarketability of the title; 4 Lack of a right of access [o and from [he land. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED [N SCHEDULE 8 AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, az 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 [he insured by reason of: COMMONWEALTH LAND TITLE INSURANCE COMPANY r, u Attest: ~ ~~ G~ Secretary sy: ~ President ICY 2 519996 EXCLUSIONS FROM COVERAGE I _=--/-•_ --- • The following matters are expressly excluded from the coverage of this policy and the Comport} will `nrsvpay loss or damage, costs, attorneys' fees or expenses which arise by reason of: ~ '~- 1. (a) Any law, ordinance or governmental regulation (including but no[ limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating [o (i) the occupancy, use, or enjoyment of the land; (ii) [he 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 par[; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to [he extent [ha[ a notice of the enforcement thereof or a notice of a defect, Lien or encumbrance resulting from a violation or alleged violation affecting [he land has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by (al above, except to the extent [ha[ a notice of [he 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 [he public records a[ Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records a[ Date of Policy, but not excluding from coverage any taking which has occurred prior to Dale of Policy which would be binding on [he rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) no[ known to the Company, no[ recorded in the public records at Dale of Policy, but known [o 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 [his policy; (c) resulting in no loss or damage to the insured claimant; (dl 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. 3..4ny 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' righu laws, [ha[ is based on: (al the transaction creating [he 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 tram the failure: (i) to timely record [he instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien credi[or- NM 1 PA10 ALTA Owner's Policy (10-t7-92) Valid Only If Schedules A and B and Cover Are Attached SCHEDULE A ~OUNT OF INSURANCE: $-230,911.10 DATE OF POLICY: 09/06/96 1. NAME OF INSURED: THE TOWN OF SOUTHOLD _~ POLICY NO. 206-101831 TITLE NO. RH960915 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 Righta 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 ZN THE COUNTY OF SUFFOLK, STATE OF NEW YORK, AND IS IDENTIFIED AS FOLLOWS: SEE SCHEDULE "A" ATTACHED Countersigned: • ~'~~, ~~ or Agent ;~~ L~_ • SCHEDULE B EXCEPTIONS FROM COVERAGE POLICY NO TITLE NO 206-101831 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. ~. No title insured to any lands now under the waters of Arshamomagve 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. 1?. 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. 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: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d). If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." 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 TZTLE INSURANCE COMPANY 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 SY 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 167.76 feet to a poj:nt; 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 96.98 feet to a point; THENCE North 52 degrees 28 minutes 35 seconds West a distance of 142.62 feet to a point; THENCE North O1 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 A lbertson's Lane; • THENCE South 61 degrees 39 minutes 00 seconds East a distance of 308.47 feet to an angle point; ~ THENCE South 61 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 CONVEYANCZNG(and to any streets and roads abutting the above (described premises, to the center line thereof. r ~ LJ • ~~ C~ 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 • 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. N ary Public • JUDITH T. TERRY • TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~~~gUFFOC~-~~~~ o~ y`~ h Z y • ~~ X01 # Sao w 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) 765-1800 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 t o 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~~~~/~ Southold Town Clerk April 16, 1997 CuNllIT10NS AND STIPULATION 1. DEFINRION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and, subject to an rights or defenses the Compam• would have had against the named insured those who succeed to the interest of the named insured be operation of Ia as distinguished from purchase including. but not limned Io. heirs distributees, devisees, survivors. personal representatives. next of kin. o corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known`: actual knowledge. not constructiv knowledge or notice which mac be imputed to an insured by reason of th public records as defined in this policy or am other records which impart constructive notice of matters affecting the land. (dl "Ixnd": the land described or referred to in Schedule A. end improvements affixed thereto which b}' law constitute real properis. The term "land" does not include any property hevond the hoes of the area described or referred to in Schedule A. nor any neht ,title, imeresl, estate or easement in abutting streets, roads, avenues. alleys, lanes, wavs or waterways, bin nothing herein shell modify or limit the extent to which a right of access to and from the land is insured by this policy. let "mortgage": mortgage, deed of trust, trust deed, or other securitc instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating [o real property Oo purchasers for value and without knowledge. With respect to Section I(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in [he records of the clerk of the United States district coon for the district in which the land is located. (g) "unmarketability of the title': an alleged or apparem matter affccing the ti11e to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation Io purchase by virtue of a contractual condition requiring the delivery of marketable tole. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shell continue in force as of Dale 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 b} a purchase money mortgage given by a purchaser from the insured.. or only so long as the insured shall have liability by reason of covenants of warranty made by the sured in any transfer or conveyance of the estate or interest This policy all not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or flit 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 sal forth in Section Ma) below, till in case knowledge shall come to an insured hereunder of any claim of tine or interest which is adverse to the title to the estate or interest, as insured. and which might cause loss or damage for which the Companv 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 m the Company, Then as to [he 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 the Company shall in no case prejudice the rights of any insured under [hrs policy unless the Company shall he prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, bin only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any tees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters no( insured against by this policy. (b) The Company shall have [he right. at its own cost, to institute and osecute any action or proceeding or to do any other act which in its ton may be necessary or desirable to establish the Title to the estate or rest, as insured, or to prevent or reduce loss or damage Io the insured. he Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. Condit% ~ attd Stipulations Con s 9 i so-I l Icl Whenever the Compxnr shall have brought en action or mterposm defense as required or permitted by the provisions of this police. the Company may pursue any litigalion to final determination by a coup of competent jurisdiction and expresslc reserves the right, in its sole discretion. `' to appeal from am adverse judgmem or order. w (dl In all cases where this polio permits or reyw yes the Compam to prosecme or prm•ide for the defense of am acuon or procecdine. the r insured shell secure m the Compam the neht u+ so prosecme or provide defense in the acuon or proceeding, and ell appeals therein. and perms the Company to use. at its option, the name of the insured for This purpose. Whenever reyuested be the Compam. the insured. al the CompanYs e expense. shall give thr Compam all reasonable aid lit in um acuon or e proceeding, secunng evidence. obtainine witnesses. prosecmmg or defending the acuon or proceeding. or eflectine settlement. and (ii) u'. um other lawful act which in the opinion of the Compa m mar be neces:uc or desirable to establish the tills to the estate or interest as insured. P thr Company is prejudiced by the failure of the insured to furnish the reywred cooperation, the Company~s obhgabons nr the insured under the police shall terminate, including any liability or obligation to defend. prosecute, or continue any litigation. with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Compam, a proof of loss or damage signed and sworn In by the insured claimant shall be furnished to the Company within 90 days otter the insured claimam shall ascertain the (acts giving rise to the loss or damage. The proof of loss or damage shall describe the detect in, or lien or encumbrance on the ti11e. or other matter insured against by Ihis policy which constitutes the basis of loss or damage and shall stale. to the extern possible, the bens 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 Companv s obligations Io the insured under the polia~ shall terminate. including am liability or obligation to defend, prosecute, or continue any litigalion, wish 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 shah produce for examination, inspection and copying. at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks. correspondence and memoranda, whether bearing a datr before or after Date of Policy. which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of [he Company ,the insured claimant shall grant its permission, in writing. (or any authorized representative of the Company to examine ,inspect and copy all records. books, ledgers. checks, correspondEiioe and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage All information designated as confidential -by the insured claimant provided to [he Compam pursuam 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 for examination under oath, produce other reasonably requested information or gram permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under This policy as Io that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following options: (a)To Pay or Tender Payment of the Amoum of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' tees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obliga- ted mpay. 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 Iiability or obligation to defend, prosecute, or continue any litigation, and the policy shell be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With [he Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimam any claim insured against under this policy. Together with any costs, attorneys' fees and expenses incurred by the insured claimam which were authorized by the Company up to Time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided (or under Ihis policy, together with any costs, attorneys tees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Compam is obligated Io pay. Upon the exercise by the Company of either of the options provided (or in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damaee. other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. tinned Inside Cover ( ~ CONTROI Nn c Ub-1~18~1 ' .-. • C J • ' „ CONAITIONS AND STIPULATION~S+~y (Condotred) ) 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 of the Company under this policy shall not exceed the leas[ of (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value o(the insured estate or interest as insured and the value of the insured estate or interest subject to the deftta, 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 i( subsequent to the Date of Policy an improvement is erttted on the land which increases the value of the insured estate or interest by at least ?0 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance a[ Date of Policy bears [o the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rasa in the proportion that I?0 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended (or [he improvement. The provisions of this paragraph shall no[ apply to costs, attomeys' fees and expenses (or which the Company is liable under [his policy, and shall only apply to that porn m of any loss which exceeds, in [he aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Ic) The Company will pay only those costs, attorneys' tees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 6. APPORTIONMENT. I( the land described in Schedule A consists of two or more parcels which are no[ used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and sealed on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of uny improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Cor-,rany and the insured at the time of the issuance of this policy and sho}+n by an zxpress statement or by an endorsement attached [o this policy. 9. LIf IITATION OF LIABILITY. (a) if the Company establishes the title, or removes the alleged dzfect. lien or zncumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals Ihere(rom, it shall have (ally performed its obligations wish respect to that matter and shall not be liable (or any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with [he 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 for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tango. 1 i. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under This policy shall be reduced by any amount ttte 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 policy to the insured owner. 12. PAYMENT OF LOSS. 'al No paymem shall be made wi!hom producing this policy Ier endorsemem of the payment unless the policy has been lost or desvoyed, in which lase prool of loss or destruction ,hall be furnished to the satisfaction of the Company. NM1 PA 10 ALTA Ownefs Policy (10,-17-92) FOITTI ??90-3 Cover Pace (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 o(Subrogation. Whenever [he Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the 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 to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or szltle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of x claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. 1( loss should result from any act of [he insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, 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 shail 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 (or subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by npplicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable masers may include. but are not limited to, any controversy or claim between the Company and the insured arising out u( or relating to this policy, any service ul the Company in connection with its issuance or the breach o(a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is SL000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when [he Amount u( Insurance is in excess o(SIA00.000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in e(Tect on the date the demand (or arbitration is made or, at the option of the insured, the Rules in etTect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Jud_¢ment upon the award rendered by the Arbitratorlsi may be entered in any court having jurisdiction [hereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 16. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpretin¢ any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage. whether er not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shill be restricted to th15 pokey. (c) No amendment of or endorsemem to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice Presidem, the $ecretarv, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be eiven [he Company and any statement in writing required to be famished the Company shall include the number of this policy and shall be addressed to COMMONWEALTH LAND TITLE INSURANCE COMPANY, 1700 Market Street. Philadelphia, Pennsylvania 19103. ORIGINAL Valid Only If Face Pace. Schedules A and B Are Attached NEW YORK OPFICIiS NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 AI,RANY 2RG Washington Avc. listcnsion Corpora le Plaza West Albany New York 12203 (SIR) 452-4525 NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (212) 949-0100 OWNERIS POLICY OF TITLE INSURANCE AMEEICAN LAND TRLE ASSOCIATION (10-17-92) nU FFA LO 29R Main Slrcct Auffalo, New York 14202 (716) R53-6R011 GARDF,N CI'i-Y 1325 Franklin Avc. Suite 101 Carden Cil}', New York 11530 (516) 742-7474 NF,W CI7-Y 17 Squadron Boulevard New City, New York 10956 (914) 634-7070 RIVERIIEAD 177 Old Country Road Riverhead, New York 11901 (516) 727-7760 ISSUEn BV COMMONWEALTH LAND TITLE INSUMNCE COMPANY Commonwealth 1'ille Irl.vrrnnce Since 1A76 IIoNE OrncE: ]700 A1nrketStreef I PGiladelphia, PA 19103 B 1190-3 W111'I'F, PLAINS 50 Main Street White Plains, New York 10606 (914) I49-0002 NATIONAL 7'17'LE SF,RVICE 655 'I~hird Avenue New York, New York 10017 (212) 949-OIfIf) • P R O P E R T Y R E C O R D S • • • VBT i'r`e 3df {1JIt r'IFJ /1Ad 1'U~a.~r~ `-1,KU~~-kI1;JLlf3'}r)I•~F11='^:1t1 ~!lU~~t;~~~'W . .. . ~~ em t~ ;` ~~" a€,qy .:[ :. ' U a t , ~. -~-+~;~ File Edit ~ Vieva Toolbar . .. ::, _. _ '~hlindrva Help . u ,d .. .. u. , r. „~.:o u.>_m,> 52.-5-59.10 473889 So41h41d AcGre Fi~'1 5ch€tot pTeer~or, ~ ~qal Barz, Christian ~- Roll Year ..2009 NextYt Land rights 4ah~~V:47Aq;, . 1435 Albertson In Land Size 3299 acres Tok~I~.tl, 4;fOf1 ~Parcel52.-5.5810 IBwner Tax BillfdaihngAddress i 3rdParfyAddre&"s ~ 8~hk .~ Assessment - . . _: __ .__ ~, ._ _...», _ .___a_ . _ _,„ ~~ SpeeDistl ,.;~ Description Llavner[sJ _a Images ._~ Gis - ~_~ Site [1J Res tand[sJ I` I ('eady • NYSRPS ASSESSMENT INQUIRY DATE 09/02/2004 473889 SOUTHOLD SCHOOL GREENPORT SCHOOL ROLL SEC TAXABLE PRCLS 129 LAND RIGHTS TOTAL RES SITE 1 52•-5-59.10 TOTAL COM SITE 1435 ALBERTSON LA ACCT NO 17 - OWNER & MAILING INFO ===1=MISC 1________ ______ ASSESSMENT DATA =__________ IZ CHRISTIAN III IRS-SS I **CURRENT** RES PERCENT BOX 726 i 1 (LAND 4,100 **TAXABLE** SOUTHOLD NY 11971 i BANK (TOTAL 4,100 COUNTY 4,100 **PRIOR** TOWN 4,100 I (LAND 4,100 SCHOOL 4,100 I (TOTAL 4,100 ==DIMENSIONS ===1=====_= SALES INFORMATION __________________________________ ACRES 32.99 (BOOK 12002 SALE DATE 11/05/99 SALE PRICE 235,000 (PAGE 241 PR OWNER CASSIDY ANDREW F TRUST & __=====TOTAL EXEMPTIONS 0 _____________1== TOTAL SPECIAL DISTRICTS 3 =____ CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD031 IWW020 ISW011 I 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 C~ • ~ ~. • ~~^ A ~^ ~ TOWN OF SOUTHOLD P~PERTY RECORD CARD VJio OWNER STREET ~ J VILLAGE DIST.! SUB. LOT ~y° Qi-~[~Y~w ~c;YS>i { U/ MRiN RD, ~i2Pf.~',r .t7 /l~ ~~..;~-{_-.-~t~zf i ==~rs_ _tl1- FORMER OWNER ~ ~ 3a ~/ C_. C:~ ~~~,~.'~;_.~ ~ ~/5 S W TYPE OF BUILDING RES. ~ SEAS. ~ VL. '~ RM~ ~ ', CUM'M. Lts. rni~.a. rnKr. value LAND IMP. TOTAL DATE ii REMARKS 3' p J l G U .- ..-, riG; p ` f s r ~. ,, '' ~' u~ t- (.U r1-~'~ DZ S T C'~o c to ~ ~~, r ~,~ u '-. ~~: , t , ~__, ~ er;) i2 ~-, s, ck I-{-nllovr~'~~, - - s_>d~ ~ L 1 ~ ~ ~•~ ~ ~'/: - ~ < 1 C<~ ~~! , ~r G~1~~~ ~. j p p /w ~/~J q p ~A .( ~ ~d~.C~c~. ~ O fin/ ~ ~cj ~ c~i/ '~ / ~C~ C 1 ~ L~ C1...7 ~ P _ , ., / _ -~ / i~ ~ l / r ' r ~.Lt l^ ~^ ~ / ~ ~l l,~/~ I ~ ~eY ~ ~'~' (~ t Y r ~ Y`~ ~ ~~0) y ~ ~-~ loC ~~u ~ /0 /o z_, ~~ a~ 95- L r! / ~ ~ ~0 -~ass~d~~~ ~ ~~ iiu t a- a ; ~ , 33~6t 1~gZ 3"~~{.' 'r~ci9rt,G~o S~a~fG~oldTwrl~.~,(~~~,~s Q 6 'J ^ i , / `~,~ ~ ~ '"~ r7 ~ ~ 04. ~ Tillable ~„~ ~~~^ - ~_ ~ FRONTAGE ON WATER oodland , J S "` •c. ~~ ~~-a: i~ FRONTAGE ON ROAD :, c, , I t I Meadowlo~d ~...~,,~ .- ~_ „_ = ~`- ;- . _~.. ~ DEPTH House Plot ~ BULKHEAD Total / '~ L/ .._. _.. ouo.~~-~.~r.~_ • • OWNER STREET L VILLAGE DIST. SUB. LOT C_ c'-:l' k.~ iY. l iL~t ~t %S~OA~t_ la Nfi w_=~ r' _ _. : ~~ ,q. T r~ FORMER OWNER l:~o- G '-~.'~ ~ ` ^w n~ c~ N ~13ElZiSon/s ~Adc - O,es E I _(~ (-{~I ~ ACR. ~Z.to ~ +o+~I cr t ~ Ca-f~e~ rnC pl d..rJ-i S ~ ~ W ~ M. L ~~~ - U TYPE OF BUI DING RES. SEAS. VL. AR ~OS COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS t ~ ~ / ~' ~,- ~ U ~,! ' ., ~ - ~ ~ ~ Q ~ ~ ~ ~l - S ~i. ~~ °1[G cl YS _ - / ~ ~ - ' //, o ~ - ~i y ~ O s/3a/7 z... ~ « ~ -~/~i 9-: %`0 1. ". ;; - ~ ~ L r ~~~_ ~~ a o X 3 0 0 / gy p /a y/ 7P" n 3 ~>7 ~d O ~ G~ ~~~ ! ~ y ~ l' .•t y.~~e ~ cw_Ar a,:% o ~ ~ t'.., GUo-~-~.t ~ ~( 1 r ~.~ _no ~ g/2/~5' G.D. ~ ~~/~9'h~r~lc ` AGE BUILDING CONDITION 1 _ lol 1=-was > 6 Ff<,flow-?~G~~~,?,'~~>~~P~.k NEW NORMAL BELOW ABOVE .~ f }~~9 ~ 3b ~- ~~ a ~ _ _ FARM Acre ~ Value Per Acre._ Value ~ Tillable I ~~y 7 "- Woodlcn SG~~~r:~~ '_.a ~ ~, ~'~'Q ~ -.?J.Q~, _~ FRONTAGE ON WATER FRONTAGE ON ROAD Meadowland ~ DEPTH House Plot BULKHEAD Total ~ ~~ - p.,~ ~ ~ ~- --- DOCK _ -- - _ _~zJ~' In / _ _ ~ w sWFM C0.NtY iA% YIP 5 %MBREO ~ ~~~ ~ y ~ ~ M \~y/ rRNdlr rMiiEN FEIN65NIN Cf 1NF ° N 56%lE N FfEi:..~ ~ A IR. /y REU RRORPRrr 1A% ssRVra %¢rcr. I P :ss r/~~m [EL N0. °~~ C. NU. wY.3 12 • ].OAlcl 1.Y ~ 3.14(cl ~M 5 H w ~ 1.5 m 2.9AIC1 ~ R a 1.] O ¢.ala 9.9AIC1 iS41 Y 0 0 ~~ ° ~ ~ ~~ " 1 1 ~ 2 e~,-~ ~ +°' r ;~° x1 . 4 c 3 S ~^ 59 1 ~• J LA 1.lAlcl ALBEPi50N 'tl p ~ 5].2 }t H ~ n 19 56 :m a~ 59.2 59.1 LtAlcl Q ~ A 1.aA auE,cnv ,r ~ C A 9 i 4 ~'0 ` / 4 9 ?~~pa a x ° s5 ' ~ ~~6 'm / 60.2 6.SUC1 6 ~ x 10.01IC1 ° ~ IJ.B AI CI e B 1-k'/'° /p 63 ^° ~~~~ O ~ F/ti m ~ g°°B /~ P ~ ° ~~/ ~pF ~ ~ f y rOrN a SWi1gL0 . ' ~`~ v /~ ,. P' 'a /®•._'a cevEL°wNr xKxl sl S 5,+ • 1 ~ IO ° S ~ k \F D G F~~. 4 . O \~J ~L 2g`~ ~ x `~\O9 `~\ 9\~ ~~ A .Oj\ ,~\ Y~ \\ m \ -___ ~~ 59.9 23.]A PELONIC LWNU LRUST 4 -N- 2002 Suffolk County \ Tax Map Book 5 1.SAIO II ~in I~ I; ::~ Fqi PARCEL NU. SEE SEC. NU. 056-04-029 LNE NA iCX - ~ LNE n. ~^l C \~ SEE SEC. NU. 056 / I~ 5B.2 56.1 gR LoUCI YSA(c1 W G~ 583 a S.OAICI ~ / 59.5 Y.5A Po~`.a~6~~: ° NorlcE COUNTY OF SUFFOLK © K It° "° w• rorxaF SOUTHOLD SECTION NO NANr6N,NCE, ALiERArNx, 6,LE YR Real Propert Tax Service A enc r s° orsrRw3uriox of Axr P9R1%N 9F rxE „ y g y °sx ~] sLrF9u cwxlr rAx u%P is PROxNIrEO rrtxwr rxrtrEx P6RUSSau ~ C~+ItY Center Riverhead, N Y 11901 O ti A[ w EE[r: A sl ° nLAU v 0 5 2 or 1x6 Rent PRmERrv rAx sERVicE ncExcr. ~ ~~ ® ~ ~ ~r ass ° arracr x6 1000 p PROPERTY MAP c6xvwsnx orrE: o.°. °; ux _~ ~~-~vs=s9. ~~ Albertson's Lane Southold ID: 5E~i GIVEN ~s - S S O C I A T E S • • P E C O N I C L A N D T R U S T • Celebrating 15 Years of Land Conservation r ~ • PECONIC LAND TRUST NEWSLETTER 15th Anniversary Issue VOLUME 10, NUMBER 1 a s 3 O z` a • I n 1997, the Trust rcccivcrl a gift of 23 acres of tidal wetlands in Greenpoit on the North Fork. This acreage is port of a SR-acre antservaliun eflbtt undertaken by members of the Cassidy lamily who had farmed the properly bordering Hasha- momuck Pond for many decades. At one point, the family made the decision to sell their property and a 19-lot standard subdivi- sion was planned. However, the project was never completed, and the family sought altema[ives. They approached the Peconic Land Trust in 1995 and the 'Crust assisted them with [he eiration of a concept plan [hat would not only help them ieulixe the equity in the land, bw also provide a conservation component to enable Them m protect the SPRING 1998 Cassidy Preserve lund_ The plan n~ea[ed (or the family was a relatively simple 3-lot subdivision that included a 2-acre residential lot, a 33-acre farmland parcel, and a 23-acre wetlands urea. The Trull amrdinaled the sole of develop- ment right, on 95°/r of the 33 ugriculmral reverse the dredge spoil fill of the early 19GOs_ Thia work i.c being coordinated by Chris Pickerell, wetlands specialist for Comcll Cooperative Extension of Suffolk County, and will contribute significantly to restoring a productive wetland and thereby a awes to the'Pown of Southold, thereby pro- healthier bay systmn. telling it and reducing property tuxes. The remaining 23 acres, given «> the Tmsl as a preserve in lute 1997, arc wetlands thin Su(kdk County designated as a dredge spoil area in 1963. This wetland area is adjacent to Mill Creek, one of the Town of Southold's moll pnuludive shclllishing si(ec. As the new owner of the Presrnve, the Trull hes embarked on a wetlands restoration project (see accompanying article) to partially In working with [hc Trust, the Cassidy family was able to realize its ,oat o(protecl- ing their Imtd without compromising their financial considerations. Their gift of "Cassidy Preserve" is u charitable gift end can he used, if qualified, [o reduce the imni- ly's ordinuq~ income tax and to olTsct [hc capital gains tax on the ante oC development rights on the farm acreage. Wetlands Restoration The 'Pnist views conservmion as an ongoing process that includes long-teen stewardship and proper management of the land it has prtr tcctcd.'Che Cassidy f:unily's gill of "Cassidy Preserve" was an opportu- nity for the Trust to implement a wetlands restoration project on the site. The following is an excerpt Gom the Trust's management plan prepared by Chris Pickercll. Hashamomuck Pond suppoi75 a considerable population of wintering waterfowl and is the mast productive hard clam bed in the 'Gown of Southold. In 1963, Sul7olk County dredged the entrance to the Pond and deposited the spoils on the marsh, filling a tidal a~eck system on the nnrtheastem shore (see cover photo). The parcel includes salt marsh, successional maritime forest and dredge spoil area High quality, estu- arine high and low marsh habitat currently occupies one third of the area. Fortuna[cly, [he deptlt of fill is shahaw and the fact that there is a source of tidal water immedi- ately adjacent to the spoil area makes this site an excellent autdidule fur restoration. Hydrology of the marsh is donr lasted by monmade mosquito ditches which predate the dredging in Uie early 1960x. A site survey Gom 1963 indi- cates [hat the filled area was once a tidal creek with sn- nwndine high marsh meadow. Unaltered, this site poses a significant mosquito breedin_ habitat and oC(ea little in the way of wildlife habitat. The main focus oC our restoration effort is [he creation of low marsh and tidal pond habimt. The topogrtphy and hydrology of the site will be restored so that it appears as it did prior to the original disturbance. The goal is to cre- ate conditions suitable for growth of smooth cordgrass (Spartinn a6ernijloraJ; once the cordgrass is established, other functions will follow. The proposed site plan will take advantage of [he existing ditching ro bring tidal waters to new ponds within [he spoil m~a. The presence of peat, as well as considerable clay, will allow the ponds to be constructed su that they retain enough water Co support the growth of widgeon grass (Rttppin mm-irinm). 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 newly created low marsh habitat will be allowed to vege- tate naturally and the depth and salinity oC water will pry vent the common reed from re-colonizing. Monitoring by Trust staff, including Mr. Pickerelh will involve visiting the site twice monthly during [he growing season to record tidal elevations and observe erosion and plan) growth. This procedure will be followed for two years to ensure that the project is a success. The f~lGnrirz,y lrtter un.c rercireA from Gr-nhom HmrAe, %urnrer /'.ceruli re Ulrec'lur ufthe Tennessee Kirrr O'oige Ynist lu!(nu~ing a o~infer ri vit to Quail Hill Yrzsen~e. It ie primed hrre u'idt /+fs pervnissfun. Thank you so much for taking the time last week out of your busy schedules m visit with me and involve me with the work you are doing. 1 appmeiated your kindness very much. It is mind boggling to embrace exactly ail the gaud work yuu have done and are doing on Long Island. But the importance of it was brought home to me as 1 walked around Quail Hi II very early that morning and that afternoon ae Scott drove me through the fields. To my conscious mind came a Good of feelings from the time I was a ten year old boy spending summer periods in the Humptons. Sure, the place has changed dramatically since the times of my boy- hood visits over 32 years ago. But as my conscious and unconscious ~ind merged during my visit, I was ruollccting past memories because they were suddenly grounded in the present-memories [hat would have been left memories if that land had not been protected. The feelings were one because the land was still there, ancient lands, remnants of glacial moraines that simply have a right to exist. You are preserving tltc very essence of life and a way of life on this island. You are preserving the right of this land to exist for its intrinsic 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 mean) (o-through an intimate relationship~me where we are constantly reminded of our dependency upon creation to sustain us and, in turn, our responsibility to treat the land so we don't fundamentally alter its capacity to continue to sustain us. Our burden as homo sapiens is we coariuntly need that reminder, that intimacy, in order to he stewards with the creation and not domination aver it. Quail Hill provides people with the opportunity to have such a van- ishing, intimate relationship: to dig in the earth with one's hand, feel its living grit between one's fingers. [he taste and smell of it in the fruit and vegetables grown in it. and therein celebrate [he bounty creation pro- vidws for all of us. Hopefully, all of you in the Peeonic Land Trust office find the time amidst all that you have to do to protect the land to appreciate it I, for one say, "Thank you" and Godspeed to you in your continued good works. page 2 Concept Plnn amp created be Gm.cenniinn Adri.cnrs details die o~edandr preserve area. die protected farmland acreage, and die LS-acre residenrin7 lo(. The Cassidy family is louAing for n buyer for die farmland aneage. • • • ~~~~L` (~ r ~ fy 1~ , '~ ~; ~`~~ ~ , }} 5' t y t.:, ~~..:~"~~ fir-- . r '' fi~"',s }~ t~ aR7Y( L + •~~ ' \ ti 1 - 1~}x t l- y` ~: \ t. '' 1 ..f'` ~!' .. t` ~ - T ,}~ ~ i.. ) ti •.... ~~.. r. ~~ ~. ~-~ ~.4' -S ,.~, ~,~' .~~ r ~ I,,i ~. / :A :~. .. •s ~ ~: 'r~' t ~ .. • f.,^-. ~ , „ - t ;7/f` M+ '4 ~ X '~ ~, ' i 1': ~ w ~1.. i~ ~ ~. t f i _ 2001 Aerial SCTM #1000-52-5-59.10 1435 Albertson Lane, Greenpoy-t 32.9873 acres dev rights to Town of Southold SCTM #1000-52-5-59.9 23.240 acres gift to Peconic Land Trust NYSRPS ASSESSMENT INQUIRY DATE 09/02/2004 473889 SOUTHOLD SCHOOL GREENPORT SCHOOL ROLL SEC WHOLLY EXM PRCLS 322 RURAL VAC>10 TOTAL RES SITE 1 52•-5-59.9 TOTAL COM SITE 1435 ALBERTSON LA ACCT NO 17 OWNER & MAILING INFO CONIC LAND TRUST ===1=MISC 1________ ______ ASSES IRS-SS I ~*CURRENT** SMENT DATA =_________ RES PERCENT _ 0 BOX 1776 18 (LAND 2,300 **TAXABLE** SOUTHAMPTON NY 11969 I BANK ITOTAL 2,3D0 COUNTY 0 **PRIOR** TOWN 0 I (LAND 2,300 SCHOOL 0 I ITOTAL 2,300 ==DIMENSIONS ===1=====_ = SALES INFORMATION ____________ _____________________ _ ACRES 23.25 IBOOK 11867 SALE DATE 12/15/97 SALE PRICE 1 IPAGE 977 PR OWNER CASSIDY HERBERT __=====TOTAL EXEMPTIONS 1 _____________1== TOTAL SPE CIAL DISTRICTS 3 =__ __ CODE AMOUNT PCT I NIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 25300 2,300 98 IFD031 IWW020 ISW011 I F1=NEXT PARCEL 75.10- D3-050 • F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU • • • A E R I A L S • • • • ., ~ ~~_..t~ci ~i~C.-~~ ,r'~-~. ~ ~,•R t•- - ,~~s \' °,~!~` ._ - ~ ,_~y,+A'`i'A' +s.~-y a ~.s.:, _~= r ~ #-~ ;~7-~ i' ~ -~: t i~'. ' g': '~T ~~ ~1 ~ i i ~w t_ti- ... ~, ~ ~ , ~ ' l I 1. •7~ ,. ~ s ~ ~ ~ ~ ~ ,~', e ~ ~ t /! == ~ ~'- ,f•~ ~' _z ~''.. ''- i a. n, ,~~~.,~ '~• F III ~Jf~~,}~J~ r. 17 .(~- JR ~~ ~., i t s. • i"P3~ i' ~ ~ ~~ ~ '. •~ ~~IM s`R~ It( 2~y,; ~~G~ ~^LJ_ T: t• ;~ .~ 1 ~ ~ t~ii}(i' _, . i~,• •~ ~ ~#x~~ . ~» ~.k''~ ~ '.~, i `;'tab +.• ~' y~ 4~~~, ~ . 2001 Aerial SCTM #1000-52-5-59.10 Premises: 1435 Albertson Lane, Greenport 32.9873 acres development rights S ~ U R v E Y • •