HomeMy WebLinkAboutWaldron, Stephanie (Pipes Cove Preserve)1000-53-2-5
Baseline Documentation
Premises:
700 Pipes Neck Road
Greenport, New York
2.51 acres
Open Space Acquisition
STEPHANIE WALDRON
to
TOWN OF SOUTHOLD
Deed dated September 10, 2003
Recorded September 24, 2003
Suffolk County Clerk - Liber D00012273, Page 900
SCTM #:
1000-53-2-5
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Zoned:
Existing Improvements:
700 Pipes Neck Road
Greenport
$12,550.00
($5,000/acre)
Peconic Bay Region
Community
Preservation Fund
(2% land bank)
Yes
2.51 acres
Light Industrial (LI)
None
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PLAT MAP ADDENDUM File No.
~ Ownec Steohanle Waldron
Pr=j,~y ~ 700 pipes Neck Road
c~ Greenport ~ Suffolk
~ Nature Consen~anc~/Town of Southokl
sta~ NY z~ c=~11944
~ PO Box 5125 East Ham~on. NY 11937
Pipes Cove Area
2001 aerial
Waldron Property - Pipes Cove
SCTM# 1000-53~2.5
N
Sources: Suffolk County Planning Dept., 0
Real Property Tax Agency, Geomaps
Copyright The Nature Conservancy, Aug. 2002
200 400
~ I
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51JP-,'V'L~T' O~: F~;~.Ot':'I-'K I T'
"OWNEI~ 5. WALDF, ON"
51TUAT~ ARSHAI"IOHO~UE
I'OHN~ 50Lr'FHOIJ~
N
JOHN C. EHLERS LAND SURVEYOR
SUBJECT PHOTO ADDENDUM
FRONT OF
SUBJECT PROPERTY
s Neck Road
Greenpor~
RF-AR OF
SUBJECT PROPERTY
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Phase I ~
Environmental Site Assessment
Waldron Property
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
property based on the four (4) basic components of a Full Phase I Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
The subject property lies in the Hamlet of Greenport, Town of Southold, County of Suffolk, New
York. The subject property consists of a 2.3 acre parcel of vacant undeveloped land. The
property is located on the south side of Pipes Neck Road, approximately 650 feet east of Main
Road. The property is more particularly described as Suffolk County Tax Map # 1000-053-02-5.
The subject property is vacant marshland with some.woods along the eastern property boundary.
Mosquito ditches were observed throughout the property. The Long Island Railroad (LIRR)
right-of-way borders the southern property boundary. No structures, foundations, staining or
stressed vegetation were observed on the subject property.
Historic aerials from 1969, 1976, 1980, 1994 and 1999 were reviewed in order to determine past
uses of the property. This review revealed the property has always been marshland with a small
wooded area along the eastern property boundary. The NYSDEC Freshwater Wedands Map
revealed a small portion located in the southeast comer of the property is designated as
freshwater wetlands SO-15. The majority of the property is classified as FC - Formerly
Connected Tidal Wetlands on the NYSDEC Tidal Wetlands Map.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Several Federal, State and County documented regulated
sites were noted in the vicinity of the subject property. Specifically, five (5) closed spill
incidents located within one-half (0.5) mile of the subject property.
In conclusion, this assessment has revealed no evidence of recognized environmental conditions
in connection with the subject property, subject to the methodology and limitations of this report.
FIGURE 1
LOCATION MAP
Waldron Property, Greenport
Phase I ESA
Waldron Property, Greenport.
Greenport
0 mi 0,2 0.4 0.6 0.8
Page 7 of 25
FIGURE 2
SITE MAP
Waldron Property, Greenport
Phase I ESA
Woodland
Marsh Area
NORTH
Page 9 of 25
Waldron Property, Greenport
Phase I ESA
FIGURE 3
_GROUNDWATER CONTOUR MAP
GREAT
I ECONIC
SITE
/
,... ~, % x~ !
NORTH
Page 16 of 25
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REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION O~'FICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 773 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 19, 2002:
RESOLVED that pursuant to the provisions of Chapter 59 and/or Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesda¥~ December 3~ 2002~ at 5:20 p.m.~ Southold Town Hall, 53095 Main Road~
Southold~ New York as the time and place for a public hearing for the purchase of the
property of Stephanie Waldron. Said property is identified as SCTM #1000-53-2-5. The
property is located on the west side of Pipes Neck Road, approximately 672' south of Main
Road, in Greenport. The proposed acquisition is for approximately 2.3 acres (subject to survey).
Thc purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven
thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the purchase is
subject to a survey acceptable to the Land Preservation Committee.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill
Annex, Southold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 and/or
Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the
Town of Southold hereby sets Tuesday, December 3~ 2002~ at 5:20 p.m.~ Southold
Town Hall~ 53095 Main Rand~ Santhold~ New York as the time and place for a
public hearing for the puecliase of the property of Stephanie Waldron Said property
is identified as SCTM #1000-53-2-5. The prope~y is located on the west side of Pipes
Neck Road, approximately 672' south of Main Road, in Cn-ecnpor t. The proposed
acquisition is for approximately 2.3 acres (subject to sUrVey).
The purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500
(eleven thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the
purchase is subject to a survey acceptable to the Land Preservation Committee.
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Laud Preservation Daparlment, Southold Town
Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested
person during business hours.
Dated: NOVEMBER 19, 2002
BY ORDER OF THE SOUTHOLD TOWN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON NOVEMBER 27, 2002, AND FORWARD ONE (1)
AFI~IDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Thc Suffolk Times
Town Board Members
Town Attorney
John Cushman, Accounting
Land Preservation Committee
Department of Land Preservation
Stephanie Waidron
Town Clerk's Bulletin Board
SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 3, 2002
5:20 P.M.
HEARING ON THE PURCHASE OF PROPERTY OF STEPItAN1E WALDRON, SCTM#1000-
53-2-5.
Present: Supervisor Joshua Y. Herren
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
Absent: Councilman John M. Romanelli
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 59 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board
of the Town of Southold hereby sets Tuesda¥~ December 3~ 2002, at 5:20 p.m~ Southold Town
Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the
purchase of the property of Stephanie Waldron. Said property is identified as SCTM #1000-53-2-5.
The property is located on the west side of Pipes Neck Road, approximately 672' south of Main Road,
in Greenport. The proposed acquisition is for approximately 2.3 acres (subject to survey).
The purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven
thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the purchase is subject to
a survey acceptable to the Land Preservation Committee.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Depa~iment, Southold Town Hall, Feather Hill Annex, SOuthold,
New York, and may be examined by any interested person during business hours.
We have a notice that it has appeared as a legal in a local newspaper and notification that it has
appeared on the Town Clerk's bulletin board. I don't believe that we have any other communications
on this particular hearing.
SUPERVISOR HORTON: Would anyone care to address the Town Board on this public hearing?
CARRIE CULLEN: Good evening, my name is Carrie Cullen and I work at the Nature Conservancy,
the offices are located in East Hampton. We have been working on the Town's behalf to solicit
William Sellers and negotiate preservation of properties in the Pipes Cove area. Tonight I would like
to present to you the Waldron parcel, one of the parcels targeted within the Pipes Cove watershed.
Stephanie Waldron has accepted an offer of $11,500 or $5,000 per acre for her 2.3 acre parcel. It is
Public Hearing 2
Waldron Property
located on the west side of Pipes Neck Road, approximately 672 feet south of Main Road in Greenport.
The parcel is made up completely of fresh water wetlands, the preservation of this piece is critical as it
provides significant habitat and is important for the protection of water quality within Pipes Cove and
the larger Peconic estuary. It was identified as a high priority parcel for protection by the Peconic
Estuary programs comprehensive conservation and management plan, critical lands protection plan.
As I mentioned, this parcel is an important piece to protect on its own as well as being part of the
larger 140 acres that are targeted for protection in the Pipes Cove area. The tidal wetlands of Pipes
Cove constitute the largest relatively undisturbed salt marsh habitat within Southold Town. The Pipes
Cove area is part of a long-term project to acquire critical land within the Pecouic Estuary watershed to
preserve the ecological viability of the estuary. Ms. Waldron has accepted the offer of $11,500 as was
authorized and supported by the Land Preservation Committee. The Nature Conservancy is continuing
to work with the Land Preservation Committee, Melissa and Scott Hughes to protect the larger area
and an area of contiguous protected land in this area would be critical to the preservation of the water
quality of the Peconic Estuary and the habitat in Pipes Cove. And this parcel is an important piece to
that puzzle. I would like to thank you for your support of this acquisition and for your support of the
larger goal of protecting the entire watershed of Pipes Cove and if there are any questions, I think
Melissa had a few words. Thanks.
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Again I am not going to reiterate
what Carrie had to say but the Land Preservation Committee has been working for quite a while now,
actually more than a year, with the Nature Conservancy. We thank the Nature Conservancy for going
out there and doing a lot of outreach, we do have a lot of willing sellers in that area and we are trying
to work with them. We have quite a few pending offers, we are waiting for some responses from those
land owners and we hope to achieve the preservation of 140 acres there, if not more. I think there may
actually be more than 140 acres in that area, so thank-you and good night.
SUPERVISOR HORTON: Thank-you, Melissa. Would anyone else care to address the Town Board
on this specific public hearing. (No response) We will close this public hearing.
Southold Town Clerk
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ELIZABETH A. NEVHJ,~
TOW~ CLERK
REGISTRAR OF ~TAL ~TATISTIC~
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 815 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 3, 2002:
WHEREAS, the Town Board of the Town of Southold wishes to pumhase the property
identified as SCTM# 1000-53-2-5, located on the west side of Pipes Neck Road, approximately
672' south of Main Road, in Greenport, comprising approximately 2.3 acres at the purchase price
of $11,500 (eleven thousand five hundred dollars), pursuant to the provisions of Chapter 59
and/or Chapter 6 of the Code of the Town of Southold; and
WHEREAS, the Waldron property is within the Pipes Cove area of Southold Town. Thc Pipes
Cove area comprises approximately 140 acres, and has been identified as a priority area for
preservation. The tidal wetlands constitute the largest, relatively undisturbed salt marsh habitat
within Southold Town. The Pipes Cove area is part ora long term project to acquire critical lands
within the Peconic Estuary watershed to preserve the ecological viability of the estuary; be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Elizabeth A. Neville
Southold Town Clerk
PROJECT ID NUMBER
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
PART '1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor)
1. APPLICANT / SPONSOR 2. PROJECT NAME,
3.PROJECT LOCATION:
4. P..~E_CISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or Ixovide mai)
5. IS PROPOSED ACTION: [] New ~-~ Expansion [] Modifica!ion/alterafion
SEQR
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFECTED:
Initially .~., .~ acres Ultimately ~., "~ acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
~---~Yes r-~ No if no, describe briefly:
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
r~Rosidenfia, r~lndusbial r'~Commercial DAgriculture ~--~Park/Forest/OpenSpace [~Othe~'(desndbe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
[~Yes [~] No If yes, list agency name and permit / approval:
Il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
r~Yes r'~--]No If yes, list agency name and permit / approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
E]Yes r-'~ No
,CERTIFY THAT-THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant / Sponsor Name ~-.~'~--_~-'o1.~-'"~-~"~O~,~, ~ Date:
Signature ~~ ~
If the a~ction is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
]--]Yes [~No
B. ~~LLACT~~NREcEIVE~~~RD~NATEDREV~E~A~PR~V~DEDF~RUNL~STEDAcT~~NS~N6NY~RR~PART617~6? IfNo, anegative
declaration may be superseded by another involved agency.
~lYes I-~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetio, agricufluml, emheaolngiml, hlsted¢, or other natural or cultural r~ourcos; or cummunfly or noighbo~ood ~mm~O Explain b~fly:
C$. Vegetation or [auna. fish, shellfish or ~ldlife species, signifimnt ha~ts, or thmatsn~:l or ~ndangemd ~peeles? Expleln briefly:
C4. A mmmunity's exis~ng plans or ~:ml~ as offielelly adopted, or a chesfle in u** or int~;ty o~ u~o of la~:l or cther natura~ m*cu~s? Explain briefly: ..
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
CO. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly:
C7.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A cRITicAL
ENVIRONMENTAL AREA (CEAI? (If yes, extolain bde~)':
[~Yes [~NoI
E. IS THERE, OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If)'es explain:
PART III - DETERMINATION OF SIGNIFICANCE (To be completad by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othen~ise significant. Eacl
effect should be assessed in connection with tis (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contsir
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checke(
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA
~ Check this box if you have idenfltied one or more potentialty large or significant adveme impacts which MAY occur. Then proceed directly to the FULl
FAF and/or prepare a pesitive declaration.
Ch~k this bex if you have d~termined, based on the information and anatyels above and any suppodieg documentafien, that the proposed a~o~
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi~
Name of'Lead Agency
Signature of Res~lble Officer~in Lead Agency
Date
Title of Responsible Officer
Signature of Preparer (If different from responsible officer)
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ELIZABETH A. NEVILI.F,
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 (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 820 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 3, 2002:
WHEREAS, the Town Board of the Town of Southold held a public heating on the question of
fee title acquisition of property of Stephanie Waldron on the 3rd day of December 2002,
pursuant to the provisions o£Chapter 59 (Open Space Preservation) and Chapter 6 (Community
Preservation Fund) of the Town Code, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is identified as SCTM//1000-53-2-5 and is located on the west side
of Pipes Neck Road, approximately 672' south of Main Road, in Greenport; and
WHEREAS, the proposed acquisition is for approximately 2.3 acres (subject to survey); and
WHEREAS, the Waldron property is within the Pipes Cove area of Southold Town. The Pipes
Cove area comprises approximately 140 acres, and has been identified as a priority area for
preservation. The tidal wetlands constitute the largest, relatively undisturbed salt marsh habitat
within Southold Town. The Pipes Cove area is part of a long term project to acquire critical lands
within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the subject property for open space preservation purposes; and
WHEREAS, the purchase price is $5,000 (five thousand dollars) per acre, or approximately
$11,500 (eleven thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the
purchase is subject to a survey acceptable to the Land Preservation Committee; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the
property identified as SCTM# 1000-53-2-5~ located on the west side of Pipes Neck Road~
approximately 672' south of Main Road~ in Greenport, comprising approximately 2.3 acres at
the purchase price of $11,500 (eleven thousand five hundred dollars), pursuant to the provisions
of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold. The Waldron property is
located within the Pipes Cove area of Southold Town. Properties within this area are included in
a pending grant proposal made to the National Coastal Wetlands Grant Program titled; Peconic
Estuary Critical Lands Acquisition: Pipes Cove focus Area. Funding for some of the parcels
within the focus area may come fi.om the grant should it be awarded.
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
STEPHANIE WALDRON to TOWN OF SOUTHOLD
Open Space
2.51 acres @ $5,000/acre
Premises: 700 Pipes Neck Road, Greenport, NY
SCTM #1000-53-2-5
Purchase Price:
Payable to Stephanie Waldron
$ 12,550.00
Expenses of Closing:
Real Property Tax Reimbursement
Payable to Stephanie Waldron
94 days @ $0.67/day
$ 62.98
Survey
Payable to John C. Ehlers Land Surveyor
$ 1,500.00
Environmental Report
Payable to Nelson, Pope & Voorhis
$ 1,500.00
Title Report
Payable to LandAmerica*Commonwealth
Fee insurance
Recording deed
$402.00
$143.00
$ 545.00
Closing took place by mail - based on August 29, 2003 as closing date
OFFICE LOCATION: OFFICE HOURS & PHONE
53095 MON-FRI 8:00 AM TO 4:00 PM
l~g 11971-0499 631-765-1803 FAX: 631-765-5189
53.-2-5
TOV~q OF SOUTHOLD
CONSOLIDATED REAL PROPERTY Tz%X BILL
2002 - NOVEMBER 30, 2003 - TAXES BECOME A LIEN DECEMBER 1, 2002
IF THE WORD 'ARREARS" IS PRtNTED HERE
COUNTY TREASURER'S NOTICE ~,
239 ON REVERSE SIDE.
17 5683
700 PIPES NECK RD
295,457,299
323 VACANT RURAL
3981 DOUGLAS HEIGHTS DR
CANASTOTA NY 13032
2.3
WALDRON STEPHANIE M
JOHN ~. ~:HLERS LAND SURVEYOR:
6 East Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax: 631-369-8287
Invoice
Date Invoice #
3/4/2003 21546
Bill To
Nature Conservancy of East Hampton
PO Box 5125
East Hampton, NY 11937
Your Client
Pipes Neck Road
Date of Service
2/18/2003
Description
Current survey of property suitable for closing with the Town
of Southold for Open Space Preservation
SCTM~ My Job #
1000-53-2-5 03-120
Amount
Nelson, Pope & Voc his, LLC
572 Walt Whitman Road Phone: bol-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
Property: 03060 Project: VA01120
Waldron Property, Greenport
Manager: McGinn, Steven
To:
Town of Southold
Town Hall, 53095 State Rte 25
P.O. Box 1179
Southhold NY 11971-0959
Attention: Greg Yakaboski
Invoice #: 1691
Invoice Date: April 1 l, 2003
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500.00
Contract Item #1: Prepare Phase I Environmental Site Assessment
Work Performed: 2/13 thru 3/5/03
Contract Amount: $1,500.00
Percent Complete: 100.00%
Fee Earned: $1,500.00
Prior Fee Billings: $0.00
Current Fee Total:
$1,500.00
*** Total Project Invoice Amount
$1,500.00
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 4
TRANSFER TAX ~uMBER: 03-07528
STEPHANIE WALDRON
SOu'£~OLD TOWN OF
District:
1000
A~o~ t:
Recorded:
At:
LIBER:
PAGE:
Section= Block:
053.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$12,550.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $12.00 NO Handling
COE $5.00 NO NYS SRCHG
EA-CTY $5.00 NO EA-STATE
TP-584 $5.00 NO Cert. Copies
RPT $30.00 NO SCTM
Transfer tax $0.00 NO Co~,m,Pres
Fees Paid
TRANSFER TAX NUMBER=
03-07528
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
T()~"
09/24/2003
02:11=17 PM
D00012273
900
Lot:
005.000
Exempt
$5.00 NO
$15.00 NO
$50.00 NO
$0.00 NO
$0.00 NO
$0.00 NO
$127.00
2 )03
Humber of pages
TORRENS
Serial #
Certificate ~
Prior Ctf.'#
q
Deed / Mortgage instrument
4[
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (CounO~)
EA-5217 (State)
Comm. of Ed. ~ OO
Affidavit
Certified Copy
Reg. Copy
Other
· Stamp
Date
Initials
RECORDED
2003 Sep 24 02:11:17 pM,
Edward P.Romaine
CLERK OF
~IFFOLK COUNTY
L 000012273
P 900
DT# 03-07528
Recording / Filing Stamps
Deed / Mmtgage Tax Stamp
FEES
Sub Total
Sub Total
R~al Property T~x Service AgenCy Verification
03037415 zooo os3oo 0200 0o50o0
Proport>
RECORD & RETURN TO:
Mortgage Amt.
1. Basic Tax
2.Additional Tax
Sub Total
Spec JA~ait.
Or
Spec./Add. .
TOT. MTG. TAX
Dual Town Dual County
Held for Apportionment -- ~'
Transfer Tax ~
Mansion Tax F/ u
Tile property covered~ga-~ or
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see apse tax clause on page #
- of this instrament.
Con'trnunity Preservation Fund
Consideration Amount
CPF Tax Due
· Improved
VacantLand
TD
TD
TD
Title· Company Information
Co. Name
Title # ~C~:
Suffolk
Tills page forms part of the atlached
TO
' Recordin
(SPECIFY TYPE OF INSTRUMEiqr )
The premises heroin is situated in
SUFFOLK COUNTY, NEW YORK.
lnthe Township of
In the VILLAGE
or HAMLETof 495d l. Mo~C~Clq~
BOXES.5 THRU 9 MUST BE TYPED OR PRINi LD IN BLACK iNK ONLY PRIOR TO RECORDING OR FiLiNG'
made by:
THlS IND~,madethe 10th dayof September
BETWEEN
STEPHANIE WALDRON
3981 Douglas Heights Drive
Canastota, New York 13032
, in the year 2003
Designation
Dist.
1000
See.
053.00
B~
02.00
005. 000
party ofthe firstpart, and
TOWN OF SOUTHOLD
53095 Route 25
P.O. Box i179
Southold, New York 11971-0959
pa~, of the second part,
WITN~SSETH, that the party of the first pa~ in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby g~an! and release unto the party of the second part, the heir~ or
successom and assig~ of the patty of the second part forever,
ALL that ce~in plot, piece or parcel of land, with the buildings and improvements thereon emcte~ situate, lying
andb~h%~ at Arshamomoque, To~ra of Southold, County of Suffolk and State of New
York, bounded and described as follows:
BEGIWNING at a point on the westerly side of Pipes Neck Road where same is intersected
by the northerly line of land now or formerly of the Long Island Railroad;
RUNNING THENCE alon~ said lands South 54 degrees 56 n~nutes 10 seconds West, 537.35
feet to land now or formerly of Westbury Properties;
RUNNING T~ENCE along said land the following two (2) courses and distances: 1. North 66 degrees 32 minutes 54 seconds West, 32.12 feet;
2. North i! degrees 59 minutes 56 seconds West, 43.24 feet to land now or
formerly of the County of Suffolk;
RUNNING THENCE along said lands North 30 degrees 15 minutes 30 seconds West, 216.77
feet to land shown on the ~{ap of Pecon±c Bay Estates, Map No. 1124;
RUNNING THENCE along said lands North 70 degrees 26 minutes 50 seconds East, 492.77
feet to the westerly side of Pipes Neck Road;
RUNNING THENCE along the westerly side of Pipes Neck Road the following two (2)
courses and distances:
1. South 3.6 degrees 57 minutes 50 seconds East, 35.40 feet;
2. South 55 degrees 24 minutes 50 seconds East, 123.75 feet to the point or
place of BEGINNING.
BEING AND INTENDED TO BE the same' premises once conveyed to STEPHEN SEAMA~ by deed
from HARy A. SEYMOUR, dated 4/26/26, and recorded in the Suffolk County Clerk's
Office on 8/16/26, in Libor 1215~ at Page 12.
OGE 1 ItER vath il nght, ~fl¢ and m~est, if any, of the pan~ of the first pm of, in and ~ any sh-ee~ and roads
abut~;ng the ab°ve"deecfl'bed P£~mise~ t° the center line~ there°l~ TO~ET~ ~R with the n~ptu-~ennnce~ and nil the
e~tate ~d rights of the pa~y of the tim part in and to said premises; TO HAVE AND TO HOLD the premises
herein granted unto the Fa~y of the second pnrt, the heirs or successors and assigns of the party of the second part
forever.
AND the patty of the first part, in compliance with Section 13 of the Lien Law, covenants that the patty of the first
r--r~ vo~=~ e ~o~t oxme tmprovement and will apply the same ~ to the
payment of the cost of the/mprovement before using any part of thc to~a] of the same for any other propose.
Thc word "I~ shall be consm~ed ns if it read "panins" whenever the sense of th/s indenture so requires.
~eph~nie Waldron
State efN~w ¥o~ C~lmty of Mad/son } ~.:
~e subs~b~g ~m~ ~ ~e ~g ~cnL ~ whom I ~
~ty acq~ w~,~g~me ~ ~ didd~o~ ~d
~y ~t h~s~ ~i~s) ~
~y. ~; ~t ~ ~o~s)
~/~e~ ~s) ~ · ~mess ~.
S~ate of New York, C6un~yof } ~.
Ontle dayof inthe ~
evi&me *o be t~e indK, idml(~) wh~e mme(~) i~ (~e) aubem~l m the
inc~duags) ac~d, execued me insmu~
BARGAm & SALE
T~LaNo. Rit80030369 LandAmerfca*Co~onwealth
STEPHANIE WALD~ON
TO
TOWN OF SOUTHOLD
COMPANY OF N~v YORK II
D~TlUCT 1000
S~C~ON 053.00
BROCK 02.00
LOT 005.000
COU~VfYORTOWN Suffolk County
Town of Southold
~delltyNaflonal~llelmuranceCo~pmlyofNewYork
Gregory F. Yakaboski, Esq.
Southold Town Attorney
Southold Town Hall
53095 Rouge 25
P.O. Box 1179
Southold, ~Y 11971-0959
RIDER to DEED
dated S~4~, ~o, 2003, between
STEPHANIE WALDRON and the TOWN OF SOUTHOLD
AS SET FORTH in Chapter 6 and Chapter 59 of the Town Code of the
Town of Southold, OPEN SPACE acquired by the Town pursuant to the
provisions of these chapters shall not thereafter be alienated, except upon the
affirmative vote of a majority of the Town Board after a public hearing and upon
the approval of the electors of the Town voting on a proposition submitted at a
special or biennial town election. No subsequent amendment of the provisions of
this subsection shall alter the imitations imposed upon the alienation of open
to any such amendment. This covenant shall
space acquired by the Town pnor
run with the land in perpetuity.
~sOSH0~ ¥. I-[ORTON
outhold Town Supervisor
STATE OF NEW YORK
)SS:
COUNTYOF SUFFOLK )
On the /~f'~ day of _~'/~,~/~r', 2003, before me personally appeared
JOSHUA Y. HORTON, personally known to me or provided to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity
as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the
instrument, the individual, or the municipal corporation upon behalf of which the
individual acted, executed the instrument.
Notary Public
T
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ISSUED BY
COMMON~VEALTH LAND TITLE INSURANCE COMPANY
Commonwealth
A LANDAMERICA COMPANY
OWNER'S POLICY OF TITLE INSURANCE
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. TitIe 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. UnmarketabiIity of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, atlorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become vaild when countersigned by an authorized officer or agent of the Company.
Attest:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretary President
EXCLUSIONS FROM COVERAGE
Thc following matters arc expressly excluded from thc coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, usc, or enjoyment of thc land; (ii) thc character, dimensions or location of any improve-
merit now or hereafter erected on thc land; (iii) a separation in ownership or a change in thc dimensions or area of the land or any parcel of
which the land is oCwas a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinanc~ 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
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any takit~g 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, suffere~, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(c) 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
Co) thc 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
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA10
ALTA Owner's Policy (10-17-92)
Form 1190-1 Face Page
Valid Only If Schedules A and B and Cover Are Attached
LandAmerica
Commonwealth
Amount of Insurance: $12,550.00
Date of Policy: September 10, 2003
SCHEDULE A
File No.: RH80030369
Policy No.: RH80030369
Name of Insured:
TOWN OF SOUTHOLD
The estate or interest in the land which is covered by this policy is:
Fee
Title to the estate or interest in the land is vested in:
TOWN OF SOUTHOLD
By deed made by STEPHANIE WALDRON to the INSURED dated September 10, 2003 and to be
recorded in the Office of the Clerk/Register of SUFFOLK County.
The land referred to in this policy is described on the annexed Schedule A - Description.
Countersigned:
Authorized
Fee Policy Insert
File No.: RH80030369
SCHEDULE B
Exceptions from Coverage
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 the following:
1. Easement recorded in Liber 1191 page 103 and Liber 1215 page ~.2.
2. Survey made by .lohn C. Ehelers Land Surveyor last dated 04/04/03 shows vacant land; (tidal marsh);
a)tidal ditch located. No variations.
3. 2002/03 2nd half Town and School taxes,
Fee Policy Inser~
SCHEDULE A
File No.: RH80050369
- DESCRTPTI'ON
ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomoque, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING alt a point on the westerly side of Pipes Neck Road where same is intersected by the northerly line
of land now or formerly of the Long Island Railroad;
RUNNING THENCE along said lands South 54 degrees 56 minutes ~.0 seconds West, 537.35 feet to land now
or formerly of Westbury Properties;
RUNNING THENCE along said land the following two (2) courses and distances:
1. North 66 degrees 32 minutes 54 seconds West, 32.:~2 feet;
2. North ~Z degrees 59 minutes 54 seconds West, 43.24 feet to land now or formerly of the
County of Suffolk;
RUNNING THENCE along said lands North 30 degrees Z5 minutes 30 seconds West, 2~.6.77 feet to land shown
on the Map of Peconic Bay Estates, Map No. ~124;
RUNNING THENCE along said lands North 70 degrees 26 minutes 50 seconds East, 492.77 feet to the
westerly side of Pipes Neck Road;
RUNNING THENCE along the westerly side of Pipes Neck Road the following two (2) courses and distances;
1. South 36 degrees 57 minutes 50 seconds East, 35.40 feet
2. South 55 degrees 24 minutes 50 seconds East, 123.75 feet to the point or place of
BEGINNING.
Fee Policy Insert
LandAmerica
Commonwealth
File No.: RH80030369
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLTCY)
ATTACHED TO AND MADE A PART OF POLICY NO. RH80030369
ZSSUED BY
COMMONWEALTH LAND Tt'TLE I'NSURANCE COMPANY
The following is added to the insuring provisions on the face page of this policy:
"5. Any statuLory 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."
The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or encumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless
otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is
subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: September 10, 2003
Issued at:
Commonwealth Land Title Insurance Company
185 Old Country Roadt PO Box 419
Suite 2
Riverhead, NY 11901
^uthorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92
TQ10037NY (07/00)
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
of matters insured against by this policy and only to the extent herein
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest
as insured end the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date
of Policy is less than 80 pement of the value of the insured estate or interest or the
fuil consideration paid for the land, whichever is less, or if subsequent to the Date
of Policy an improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 poment over the Amount of Insurance
stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured estate
or interest et Date of Policy; or
(ii) where a subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears to the sum of the
Amount of Insurance stated in Schedule A and the amount expended for the
improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and shell only apply to
that podion of any loss which exceeds, in the aggregate, 10 pement of the Amount
of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of the
pamels but not all, the loss shall be computed and settled on a pro rata basis as if
the amount of insurance under this policy was divided pro rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
.~t herwise been agreed upon as to each pamel by the Company and the insured at
time of the issuance of this policy and shown by an express statement or by
I~nen endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasonably diligent manner
by any method, including litigedon and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall not
be I~able for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and
dispositio~ of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be I~able for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
pdor wntten consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABIETY.
All payments under this policy, except payments made for costs, attorneys'
fees end expenses, shell reduce the amount of the insurance pro tanto.
11. EABILITY NONCUMULATIVE.
it is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed, or taken subject, or which is hereafter executed by an insured
and which is a charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment under this policy
to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment untess the policy has been lost or destroyed, in
which case proof of toss or destruction shall be furnished to the satisfaction of the
CONDITIONS AND STIPULATIONS
(Continued)
(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 therealter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation sha~l vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights a~d
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 dght of
subrogation. The insured claimant shall permit the Company to sue, compromise
or settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of the
loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shell be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, if any, lost to the Company by reason of the impairment by
the insured claimant of the Company's ~ight of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bends, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights by
reason of this policy.
14. ARBtTRATION.
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the company and the insured arising
out of or relating to this policy, any service of the Company in connection with its
issuance or the breach of a policy provision or other obligation. All arbitrable
matters when the Amount of Insuraece is $1,000,000 or less shall be arbitrated at
the option of either the Company or the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when
agreed to by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys' fees only if the laws of the
state in which the land is located pe~nit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POECY; POECY ENTIRE CONTRACT.
(a) This pelicy together with all endorsements, if any, attached hereio by
the Company is the entire policy and contract between the insured and the
Company. in interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABIETY.
In the event any provision of the policy is held invalid or unenfomeabie under
applicable law, the policy shall be deemed not to include that prevision and all
other provisions shall remain in full force and effect.
17. NOTICES WHERE SENT.
All notices required to be given the company and any statement in wriffng
required to be furnished the Company shall include the number of this policy and
shall be addressed to: Consumer Affeirs Department, P.O. Box 27567, Richmond,
Virginia 23261-7567.
NM1 PA10
ALTA Owner's Policy (10/17/92)
Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT
Number of Pages: 6
Receipt Number : 05-0085851
District:
1000
Recorded:
At:
08/17/2005
10:53:45 AM
Page/Filing
COE
Affidavit
Notation
RPT
LIBER: D00012404
PAGE: 232
Section: Block: Lot:
053.00 02.00 005.000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
$18.00 NO Handling $5.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO TP-584 $0.00 NO
$0.00 NO Cert.Copies $10.00 NO
$30.00 NO SCTM $0.00 NO
Fees Paid $83.00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
SEP 12 2005
DEPT OF LAND
PRESERVATION
Number of pages
TORRENS
Serial #
Certificate#
Prior Ctf. #
Deed. Mortgage Instrument
Deed / Mortgage Tax Stamp
2005 Aug 17 10:53:45 AM
Edward P. Romaine
CLERK OF
SUFFOLK COUNT?
L O00012404
P 232
Recording / Filing Stamps
3 1 FEES
Page / Filing Fee /~/ __
Handling ~ 00
TP-584
Notation
EA-5217 (County) Sub Total
EA-5217 (State)
Comm. of Ed. 5. 00
Affidavit
~ Cerrified Copy (~ /~
Reg. Copy ~ Sub Total
Other ./ ~ Grand Total
, IDis iet10001S tion053,001Blo k 02,00 I ot00 ,0O0
Real
1000 05300 0200 005000
Property
Tax Service ~
Agency
Verification
] Satisfaction/Discharges/Rdease List Prope~y Owners Mailing Address
RECORD & RETURN TO:
LISA CLARE KOMBRINK, ESQ,
235 Hampton Road
Southampton, New York 11968
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
Of
Spec. / Add.
TOT. MTG. TAX
Dual Town Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES -- or NO __
If NO, see appropriate tax clause on
,age #.__ of this instrument.
Communit~ Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land --
'I'D
TD
TD
7 I Title Company Information
Co. Name COMMONWEALTH
T t e # RH 05302623
Suffolk County Recording & Endorsement Page
Thispageformspartoftheattached ~O~,'C~ o+(~an+ Aa~emcn+ madeby:
(SPECifY 'ItyPE OF INSq'~RUMENT)
The premisis herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of $OUTHOLD
In the VILLAGE
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
(over)
Notice of Grant Agreement
The State of New York, Department of Environmental Conservation, and its
successors and assigns (hereinafter DEPARTMENT) and the Town of Southold
successors and assigns (hereinafter TOWN), acknowledge that the property described in
Liber 12273, Page 900, at the Suffolk County Clerk Records Office in Riverhead, New York,
is pledged as match for federal funds received from the National Coastal Wetlands Grant
Program administered by U.S. Fish and Wildlife Service, Division of Federal Assistance, its
successors and assigns (hereinafter SERVICE) and that the property described is subject to
all the terms and conditions of Grant Agreement Number C - 4 - L -1 (hereinafter Grant
Agreement) between the Service and the Department. A copy of the Grant Agreement is
kept on file at the offices of the Service, 300 Westgate Center Drive, Hadley, MA 01035-
9589 and atthe offices of the Deparmaent, 625 Broadway, Albany, New York 12233-5010.
~ o.q~n _l ~ ~lld .ug.~
The Department and Town acknowledge t~a~ ~L~real property, [vhic~[ ~s pledged as
riaatch, was acquired for the approved purpose of long-term conservation of coastal wetland
ecosystems, thereby preserving and protecting in perpetuity these multiple, interrelated land
features which are crifieal to coastal fish, wildlife and their habitats. The Department and
Town further acknowledge that the property will be administered for the lung-term
conservation of said lands and waters and the hydrology, water quality and fish and wildlife
dependent thereon. The Department, as Grant Recipient, and the Town as Sub-grantee
hereby acknowledge that they are responsible for exercising sufficient control over the
property to ensure that the property is used and will continue to be used for the approved
purposes for which it was acquired and that the property may not be conveyed or
encumbered, in whole or in part, to any other party or for any other use, whatsoever, without
the written consent of the Regional Director of the U.S. Fish and Wildlife Service.
If the Town loses control of the property, conlxol must be fully restored to the Town
or the property must be replaced, within three years, with like property of equal value at
current market prices and equal benefits. Further, if the property is used for activities that
interfere with accomplishment of approved purposes, the violating activities must cease and
any resulting adverse effects must be remedied.
If the Department and the Town determine the property is no longer needed or useful
for its original purpose and the Service concurs, the Town, may with the prior consent of the
Service: either (1) acquire title to another parcel of real property of equal value that serves
the same approved purpose as the original property and to manage the newly acquired real
property for same purposes specified in the original Grant Agreement, or (2) repay the
Service, in cash, the proportionate matching share of the current fair market value of the
property, or any portion thereof, whichever is higher, or (3) as a last resort, transfer the
subject property to the Service or to a third-party designated or approved by the Service.
The Department, as Grant Recipient, and the Town as Sub-grantee hereby confirm
their obligations and responsibilities with regards to the acquired property pursuant to terms
and conditions associated with Grant Agreement C - 4 - L - 1.
IN WITNESS WHEREOF, the People of the State of New York~ by their Commissioner
of Environmental Conservation, has set its hand and seal th~s
,2005. ·
Its: Direct~r,jDiwasfon of Management
and Budget'b~rvices
STATE OF NEW YORK )
) SS.:
COUNTY OF ALBANY )
t
On the I * day of 3t~-q in the year 2005, before me, the undersigned,
personally appeared NANCY LUSSIER, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument, the individual, or the person upon behalf of whom the individual acted, executed the
instmment.
DIANE L. PALMER
Notary Public, State of New York
No, 4991080
Qualified in Rensselaer County
Commission Expires January 21,
Notary Public, State of New York
IN WITNESS WHEREOF, the Town of Southold, has set its hand and seal this __
day ofJune ,2005.
/z A
//~: J(:~shua-[Y. Horton
sl
Supervisor, Town of Southold
30th
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
On this 30th day of June ,2005, before me personally appeared
Joshua Y. Horton , to me personally known, who, being by me duly
sworn, did say personally and under his authority as Southold Town Supervisoethat this is
his free act and deed and the free act and deed of the Town of Southold.
My Commission Expires: ~1~0106
MELANIE DOROSKI
NOTARY PUBLIC, State of New York
No. 01D04634870
Qualified in Suffolk County
Commission Expires September ~0,
STATE OF NEW YORK, COUNTY OF SUFFOLK) ss.:
On the 30th day of June, in the yea~ 2005 before me, the undersigned, pemonally appeared
JOSHUA Y. HORTON
I~¢tsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) atbscfibed to the within instrument and acknowledged to me that he./sheAhey executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behaff of which the individual(s) acted, executed the insmunent.
MELANIE DOROSKI
NOTARY PUBLIC, State of New York
No. 01D04634870
Qualified in Suflo[k County~f~,L.
ConlmL~ofl Ex~ires September 30,( ),-~J~,
- Notary PuIJlic
MELANIE DOROSKI
NOTARY PUBLIC, State of New York
No. 01D04634870
Q,alifled in Suffolk County
Commission Expires September 30, 2006
OWNER:
ADDRESS:
TOWN OF SOUTHOLD
53095 Route 25
P.O. Box 1179
Southold, New York 11971
SCTM# 1000-053.00-02.00-005.000
Schedule A
ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomoque,
Town of Southold, County of Suffolk and State of New York, bounded and described
as follows:
BEGINNING at a point on the westerly side of Pipes Neck Road where same is
intersected by the northerly line of land now or formerly of the Long Island
Railroad;
RUNNING THENCE along said lands South 54 degrees 56 minutes 10 seconds
West, 537.35 feet to land now or formerly of Westbury Properties;
RUNNING THENCE along said land the following two (2) courses and distances:
1. North 66 degrees 32 minutes 54 seconds West, 32.12 feet;
2. North 11 degrees 59 minutes 54 seconds West, 43.24 feet to land now or
formerly of the County of Suffolk;
RUNNING THENCE along said lands North 30 degrees 15 minutes 30 seconds
West, 216.77 feet to land shown on the Map of Peconic Bay Estates, Map No.
1124;
RUNNING THENCE along said lands North 70 degrees 26 minutes 50 seconds
East, 492.77 feet to the Westerly side of Pipes Neck Road;
RUNNING THENCE along the westerly side of Pipes Neck Road the following two
(2) courses and distances:
1. South 36 degrees 57 minutes 50 seconds East, 35.40 feet;
2. South 55 degrees 24 minutes 50 seconds East, 123.75 feet to the point or
place of BEGINNING.
Watdron
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"OWNER: So WALDRON"
SI~A~ A~AHOHOOUE
~U~ME~E~ 02-1~-0~
~E~TIFI~ATION A~ENDE~ O~-14-O~
A~EN~E~ O~-2~-O~, 04-~4-0~
SUFFOLK COUNT~ TAX ~
1000-5~-2-5
/--ApFi 9 2003
DEPT OF LAND
PRESERVATION
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NOTES:
· h4ONU~ENT
~dONUhdENT TO BE SET
AREA = IOq,2OI SF OR 2.51 ACRES
GRAPHIC SCALE I"= 60'
JOHN C, EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
R1VERHEAD, N.Y. 11901
369-8288 Fax 369-8287 REF.-\~Ip server\d~PROS\03-120b.pro
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