HomeMy WebLinkAboutTuthill, John C1000-101-1-7.2
Baseline Documentation
Premises:
15205 County Road 48
Mattituck, New York
21.817 acres
Development Rights Easement
JOHN C. TUTHILL
to
TOWN OF SOUTHOLD
Deed dated February 28, 1986
Recorded March 6, 1986
Suffolk County Clerk - Liber 9991, Page 444
SCTM #:
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Reserved Area:
Zoned:
Existing Improvements:
1000-101-1-7.2
(f/k/a 1000-1-6 & 7)
15205 County Rd 48
Mattituck
$93,224.00
($4,273/acre)
Agricultural Land
Capital Funds
n/a
21.817 acres
21.817 acres
n/a
A-C
none
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SOUTHOLD TOWN BOARD
OCTOBER 8, 1988
..Present.. ~Supervisor Francis J. Murphy, Councilman Joseph L. Townsend, Jr.,
Councilman James A. Schondebare, Councilwoman Jean w. Cochran, Town Clerk Judith
T. Terry; Town Attorney Robert W. Tasker. Superintendent of Highways Raymond C.
Dean. Absent: Justice Raymond W. Edwards (Justice training sc ,I-~oI), Counlcilman
PaUl' Stoutenburgh (out of the COuntry) ;'
SUPERVISOR MURPHY: Number 23 is to authorize the Supervisor to execute the
opinion agPeemen'ts for nine 'parcels for the Farmland Preservatlort Program.
23. Moved by Supervisor Murphy, seconded by Councilman Schondebare, 'it was
RESOLVED that the Town Board of the Town of S0uthold .hereby authorizes' and
dire,cts Supervisor Francis J. Murphy to execute Farmlaad Development Ri~lht
Acquisitions - Option A~lreaments~ for the following nine parcels:
,1. Latham Farms, Inc., Main Read, Orient, 63.9 acr~s. '21.8 acres.
2. Albert t~rupskl, Jr., between Skunk Lane and Little Neck Rc~ad, Cutchogue,
3. John C. Tuthill, County Route zlS, Mattituck, 22.6 acres.
&. Ft~ank Cichanowicz.lll,.Main ROad, Southold, 21-.28 ac~.es,.
5, John. Nierodzik, Main Road, Southold, 1.8-112 ecr&s.
6. John Simicich, Jr,,and Catherine Simicich, Bergen Avenue, Mattituck, 39 acres.
7. Charles Simmons, Sound Avenue, Mattituck,. 3~.6 acres.
· 8. Byron Norton, Main Road, Cutchogue, 50 acres.' '
g. John Sepenoskl, Old North Road, S0u~hold, 50 acres.
'23.-Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman "Townsend, Supervisor Murphy. - -
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2q is to set public hearings beginning at,8:00 P.M.,
Thursday,.;November..7th, relative to the acquisition of development rights Of nine
parcels under the Farmland Preservat_i'on Program.
OPTION AGREEMENT
THIS AGREEMENT made this day of
John ¢. Tuthill
between
residinq at Elijah's Lane, Mattituck
· hereinafter described as the Optionor, and the TOWN OF SOUTHOLD, a
municipal corporation of the State of New York having its office and principal
place of business at Main Road, Southold, New York, hereinafter described as
the Optionee.
WITNESSETH:
1. In consideration of the sum of Ten ($10.00) Dollars, paid by the
Optionee, the Optionor does hereby give and grant to the Optionee the
exclusive option, right and privilege to I~urchase the premises at
County Route 48, Mattituck
Tax map no. 1000-101-1- 6 and 7
and more particularly described in Schedule A annexed hereto, made a part
hereof, and initialed by the parties hereto.
2. That this option shall continue in effect until 12 o'clock midnight
on the 60th day after the Southold Town Board holds a public hearing on the
question of the acceptance of this option, as required and provided in Section
25-40 of Chapter ;25 of the Southold Town Code. The Optionee represents that
it wil! hold such public hearing withi~ 45 days from the date hereof. In the
event that the Optionee fail5 to hold such ia'earing within 45 days from the date
hereof, the Optionor shall have the right to terminate this option by giving
written notice of termination to the Southold Town Clerk.
3. The total purchase price shall be Four thousand, two hundred and
seventy-three
Dollars per acre of land, to be paid by the Optionee, if this option is
exercised, as provided in the annexed form of agreement.
4. If this option is exercised by the Optionee as herein provided,
the Op~ionor and the Optionee will respectively as seller and purchaser perform ~.~
the obligations set forth in the form of agreement to be performed by the seller
and the purchaser therein, said form of agreement being 'annexed hereto and
made a part hereof~, and marked Exhibit A.
5. This option is to be exercised by the Optionee by written notice
signed by the Optionee and sent by registered or certified mail prior to the
expiration date, to theOptionor at his address set forth above.
6. The deed con~,eying the Development Rights in the premises shall
be in the form annexed hereto and made a part hereof and marked Exhibit B.
IN WITNES~ WHEREOF, the parties hereto have executed and
delivered this agreement the day and year first above written.
Optionor
Optionor
Optionor
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On this ~,1 day of ~/O//~/~ 1985, before me
personally came FRANCIS J. MURPHY, to me known, who being by me duly
sworn, did depose and say that he resides at Old Main Road, Mattituck, New
'York; that he is d~e Supervisor of ~.he TOWN O,~ SOUTHOLD, the munlci~31
corporation described in and which executed, the above instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the Town Board of said
corporation; and that he signed his name hereto by like order.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On t h e~-~ r~,
came ~ ~
52-812~5~
Notary Pub ic (
day of~)~'~o~3~ 1985, before me personally
who executed th~ foregoing
known to be the individual described in and
ic~trument, and acknowledged that ~, executed the same.
· 1985, before me personally
to me known, who, being by
he resides at
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the day of
came
me duly sworn, did depose and say that
that he is the of , the
corporation described in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the board of directors
of said corporation· and that he signed h name thereto by like order,
Notary Public
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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 $outhold Town Code, the Town Board of the Town of
Southold will hold a Public Hearing on the 7th day of November, 1985, at 8:00
o~ciock 'P.M;, at-the 5ou~.hoid Towii-Hall, Ma}fl Rb.d~ ~uthold~ N~w York on
the question of the acceptance of options for the acquisition, by the Town of
Southold, of the development rights in the following parcels of ac~ricultural
lands, to wit:
1. A parcel of land owned by Latham Farms, Inc., comprising approximately
63.9 acres located south of N.Y. Route 29 at Orient, New York,
2. A parcel of land owned by Albert J. Krupski, Jr., comprising
approximately 21.8 acres located on the east side of Little Neck Road,
Cutchogue, New York.
3. A parcel of land owned by David and Frank Chichanowicz, comprising
approximately 21.24 acres of land located on the north side of N.Y.
Route 25 at Southold, New York.
A parcel of land owned by John Nierodizik, comprising 18.5 acres of
land located on the north side of N.Y. Route 25 at Southold, New York.
5. A parcel of land owned by John A. Sepenowski, comprising
approximately 50 acres located on the north side of Old North Road at
Southold, New York,
6. A parcel of land owned by Byron Horton, comprising approy~mately 50
acres located on the north side of N.Y. Route 25 at CutcLogue, New
York.
7. A parcel of land owned by John C. Tuthill, comprising approximately
22.6 acres located on the north side of County Route 48 at Mattituck,
New York.
8. A parcel of land owned by J(~hn Simicich, Jr. and Catherine Simicich,
comprising approximately 39 acres located on the south side of Bergen
Avenue, Mattituck, New York.
9. A parcel of land owned by Charles P. Simmons and A. E. Nicholas, his
wife, comprising approximately 34.6 acres located on the north side of
Sound Avenue, Mattituck, New York.
FURTHER NOTICE is given that option agreements between the owners of
the above described parcels of land and the Town of Southold, containing a
more detailed description of the above mentioned parcels of land, are on file
in the Southold Town Clerk's Office, Southold Town Hall, Main Road,
Southold New York, and may be examined by any interested person during
normal business hours.
Dated: October 8 , 1985
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
Page 2 - Legal Notice o~Hearing
Acquisition of Development Rights
PLEASE PUBLISH ONCE, OCTOBER 24, 1985, AND FORWARD NINE (9) AFFIDAVITS
OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD,
SOUTHOLD, NEW YORK.II971.
Copies to the following:
The Suffolk Times
The Long Island Traveler-Watchman
Town Board Members
Farmland Preservation Committee
Town Clerk's Bulletin Board
PUBLIC HEARING
SOUTHOLD TOWN BOARD
8:00 P.M.
November 7, 1985
ON THE QUESTION OF THE ACCEPTANCE OF OPTIONS FOR THE ACQUISITION, BY
THE TOWN OF SOUTHOLD, OF THE DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS.
Present:
Absent:
Deputy Supervisor Frank A. Kujawski, Jr.
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Supervisor Francis J. Murphy
DEPUTY SUPERVISOR KUJAWSKI: Our final hearing tonight is regarding the
development rights in the farmland program.
COUNCILMAN TOWNSEND: It gives me great pleasure to read this. It is a result
of a lot of work by a lot of people in the Town. "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 7th day of November, 1985, at 8:00 o'clock
P.M., at the Southold Town Hall, Main Road, Southold, New York on the question of
the acceptance of options for the acquisition, by the Town of Southold, of the develop-
ment rights in the following parcels of agricultural lands, to wit:
1. A parcel of land owned by Latham Farms, Inc., comprising approximately 63.9
acres located south of N.Y. Route 25 at Orient, New York.
2. A parcel of land owned by Albert J. Krupski, Jr., comprising approximately 21.8
acres located on the east side of Little Neck Road, Cutchogue, New York.
3. A parcel of land owned by David and Frank Cichanowicz, comprising approximately
21.24 acres of land located on the north side of N.Y. Route 25 at Southold, New
York.
4. A parcel of land owned by John Nierodizik, comprising 18.5 acres of land located
on the north side of N.Y. Route 25 at Southold, New York.
5. A parcel of land owned by John A. Sepenowski, comprising approximately 50 acres
located on the north side of Old North Road at Southold, New York.
6. A parcel of land owned by Byron Horton, comprising approximately 50 acres
located on the north side of N.Y. Route 25 at Cutchogue, New York.
7. A parcel of land owned by John C. Tuthill, comprising approximately 22.6 acres
located on the north side of County Route 48 at Mattituck, New York.
8. A parcel of land owned by John Simicich, Jr. and Catherine Simicich, comprising
approximately 39 acres located on the south side of Bergen Avenue, Mattituck,
New York.
9. A parcel of land owned by Charles P. Simmons and A. E. Nicholas, his wife,
comprising approximately 34.6 acres located on the north side of Sound Avenue,
Mattituck, New York.
Pa'c~e 2 - Development Rights ~
Further notice is given that option agreements between the owners of the above
described parcels of land and the Town of Southold, containing a more detailed
description of the above mentioned parcels of land, are on file in the Southold
Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, and
may be examined by any interested persons during normal business hours. Dated:
October 8, 1985. Judith T. Terry, Southold Town Clerk."
This notice was published in The Suffolk Times, The Long Island Traveler-
Watchman, and posted on the Town Clerk's Bulletin Board.
DEPUTY SUPERVISOR KUJAWSKI: Thank you, Joe. Is there anyone that has any
comments regarding this proposal?
ABIGAIl_ WICKHAM, ATTORNEY: I would like to submit an option agreement on behalf
of Mr. Simmons. I'm sorry it wasn't here earlier. We jUst concluded the release
negotiations on the mortgage today.
TOWN CLERK TERRY: Thank you.
DEPUTY SUPERVISOR KUJAWSKI: Are there any other comments regarding this
program? Ruth?
MRS. RUTH OLIVA, North Fork Environmental Council: We enthusiastically supported
the idea of a Farmland Preservation Program before its inception. Two years ago we
campaigned very hard for the referendum supporting this, and now we enthusiastically
endorse all these options and hope the Town will put them through. Thank you.
DEPUTY SUPERVISOR KUJAWSKI: Are there any other comments?
COUNClI_I~/AN SCHONDEBARE: Frank, before we close the meeting, I think we ought
to give a very good round of applause and a thank you to the Farmland Preservation
Committee. They're sitting out there and I can't express our gratitude more. I know
it's a lot of work and a lot of hours and a lot of time and I think you finally reached
the end, hopefully. Thank you.
DEPUTY SUPERVISOR KUJAWSKI: Very good. May I have a motion to close the hearing~
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that this hearing on the question of acceptance of options for the acquisition
of the development rights of agricultural lands be and hereby is closed at 8:05 P.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend.
This resolution was declared duly ADOPTED.
Judith T. Terr~~'
Southold Town Clerk
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TO~N BOARD AT A REGULAR MEETING HELD ON NOVEMBER 19, 1985:
WHEREAS,
Tuthill
and
WHEREAS,
the 7th
25-4 of
WHEREAS,
the Town Board entered into an option agreement with John C.
for the purchase of development rights in agricultural lands,
the Town Board held a hearing with respect to said option on
day of November, 1985 pursuant to the provisions of section
the Southold Town Code, and
the Town Board deems it in the public interest that the Town
of Southold acquire the development rights in the agricultural lands
set forth in said option agreement with John C. Tuthill, now, there-
fore, be it
RESOLVED that the Town Board hereby elects to exercise the option to
purchase the agricultural rights in the aforesaid agricultural lands
owned by John C. Tuthill, and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is author-
ized and directed to give notice of such acceptance to John C. Tuthill,
and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized
and directed to execute any and all E~quired documents required for the
acceptance of said development rights.
Southold Town Clerk
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INDENTURE
THIS INDENTURE, made this ~' day of
JOHN C. TUTHILL
· 198 ~, between
residing at~ Eli!ah'~ Lan~. M~ttituck. New York
party of the first part· and the TOWN OF SOUTHOLD, a municipal corporation of
the State of New York, havings its office and principal place of business at&Main
,~:~Road, Town of Southold, County of Suffolk and State of New York· party of the
econd part.
WITNESSETH, that the party of the first part, in consideration of Ten and
agricultural production as that term is presently defined in Chapter 25 of the
Southold Town Code· and the right to prohibit or restrict the use of the premises
for any purpose other than agricultural production, to
ALL those pieces or parcels of land, situate, lying and being in the Town
of Southold, County of Suffolk and State of New York, more particu!arly described
00/100 ($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
on Schedule A, attached hereto and made a part hereof, TOGETHER with the
non-exclusive right, if any, of the party of the first part as to the use for
ingress and egress of any streets and roads abutting the above
to the center lines thereof.
27909
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned, TO HAVE AND TO HOLD the premises 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
incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien
Law, covenants that the party of the first part will receive the consideration for
this conveyance and will hold the rights to receive such consideration as a trust
fund to be applied first for the purpose of paying the cost of the improvement and
will apply the same first to the payment of the cost of the improvement before
using any part of the total for the same for any other purpose. The party of the
first part, as a covenant running with the land in perpetuity, further covenants
and agrees for the party of the first part, and its heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production.
The definition of "Agricultural production"
Chapter 25 of the $outhold Town Code is as follows:
"Agricultural production shall mean the
purposes of crops, livestock and livestock
as defined in Section 25-30 of
production for commercial
products, but not land or
portions thereof used for processing or retail merchandising of such
crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment . storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes".
The party of the first part and' the party of the second Part do hereby
covenant and ag.ree 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.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first above written.
IN PRESF..N~E OF
ATTEND AND APPROVED
Town Attorney
Jo~r~ C. Tuthill
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STATE OF NEW YORK)
COUNty OF SUFfO,K)
On this~:~ day of ~~ 198~, before me personally came
FRANCIS J. MURPHY, to me known, ~ho being by me duly sworn, did depose and
say that he resides at Old Main Road, Mattituck, New York; that he is the
Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and
which executed the above instrument; that he knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Town Board of said corporation; and that he signed his
name hereto by like order.
Notary Public
STATE OF NEW YORK)
COUNTY OF SU PO _K
On the ~ day of ~/r~,~ , 198~, before me personally came
JOHN C. TUTHILL
to me known tO be the individual(s) described in and who executed the foregoing
instrument, and acknowledged that he
executed the same.~
Notary Public
~ .... ~¥. TASKER
SCHEDULE A
ATTACHED TO AND FORMING A PART OF INDENTURE
FROM JOHN C. TUTHILL TO THE TOWN OF SOUTHOLD
DATED 2-/~. ~/,~ 6~
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being at Mattltuck, in the Town of
Southold, County of Suffolk and State of New 'York, bounded and described as
follows:
BEGINNING (County Route 48) at
the division now or
at a point on the northerly line of Middle Road
line between the premises herein described and premises
formerly of the Charles Tuthill Estate;
RUNNING THENCE along the easterly line of said premises of the Charles E. Tuthill
Estate, North 28 degrees 49 minutes 50 seconds West, 1,737.36 feet to land now or
formerly of Ruthinowski;
RUNNING THENCE along land last mentioned, three courses and distances as
follows: ~
1) North 66 degrees 17 minutes 20 seconds East, 470.12 feet, thence
2) South 31 degrees 57 minutes 00 seconds East, 820.47 feet, thence
3) .North 62 degrees 24 minutes 40 seconds~'~, 94.66 feet to land now or formerly
of the Estate of William Wickham;
THENCE along land now or formerly of the Estate of William Wickham, South 29
degrees 41 minutes 20 seconds East, 876.57 feet to the northerly side of Middle
Road (County Route 48);
THENCE along the northerly line of Middle Road (County Route 48), South 61
degrees 23 minutes 40 seconds West, 620.67 feet to the point or place of beginning.
Containing 21. 817 acres.
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,.., , ,, TitleJ SA Insurance Corporation of N /Y. ork
TIT££
USA
Policy of
Title Insurance
IN CONSIDERATION OF the payment of its charges for the examination of title and its
premium for insurance, insures the within named insured against all Joss or damage not
exceeding the amount of insurance stated herein and in addition the costs and expenses of
defending the title1 estate or interest insured, which the insured shall sustain by reason of
any defect or defects of title affecting the premises described in Schedule A or affecting the
interest of the insured therein as herein set forth, or by reason of unmarketability of the title
of the insured to or in the premises, or by reason of liens or incumbrances affecting title at
the date hereof, or by reason of any statutory lien for labor or material furnished prior to the
date hereof which has now gained or which may hereafter gain priority over the interest
insured hereby, or by reason of lack of access to and from the premises, excepting all loss
and damage by reason of the estates, interests, defects, objections, liens, incumbrances and
other matters set forth in Schedule B, or by the conditions of the policy hereby incorporated
into this contract, the loss and the amount to be ascertained in the manner provided in said
conditions and to be payable upon compliance by the insured with the stipulations of said
conditions, and not- otherwise.
IN WITNESS WHEREOF, Title USA Insurance Corporation of New York has caused this policy
to be signed and sealed on its date of issue set forth herein.
./
ATTEST: Secretary
Validating Officer or Agent
Name of insured
OF SOUTHOLD
P. OliCy NO 85-52-53343
Amount of
Insurance $93,224.00
The estate or interest insured by this policy m
vested in the insured by means of
DEED recorded 3/6/86
DEVELOPMENT RIGHTS
in L. 9991 p. 444.
Date of Issue 2/28/86
JOHN C. TUTHILL - FEE OWNER
AS DEVISEE UNDER THE LAST WILL AND TESTkMEN~ OF ERNEST C. ?gTHILL, DECEASED
DEED OF RALPH T,~LI~ %~I~ILL, IND/VIDUALLY A~D RALPH W~.I.q TUTHILL AND ERNEAT C. TU~ILL,
AS EXECUTORS [~NDER THE LAST WILL AND TESTAMENT OF GEORGE BRVDEN TUTHILL, D. 5/18/61,
R. 5/22/61 in L. 4989 p. 353.
Schedule A
The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed,
Schedule B
The following estates, interests, defects, objection to title, liens and incumbrances and other matters are excepted from the coverages of this policy:
1. Defects and. incumbrances arising or becoming a lien after the date of this policy, except as herein provided.
2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or po!ice powers over the premises.
3 Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the used, occupancy, subdivision or
improvement of the premises adopted or i ~posed by any governmental body, or the effect of any noncompliance with any violation thereof.
4. Judgments against the insured or estate[ interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the
insured.
Tit le to a ny property beyond the lien ~ of the premises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or
the light to maintain therein vaults, tunnels, ramps or any other sturcture or improvement unless this policy specifically provides that such titles, rights, or easements
are insured, Notwithstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted, insures the ordinary rights of access and egress
belonging to abutting owners.
6, Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise.
o
SURVEY by Roderick Van Tuyl, dated 1/24/86 shows premises as vacant land;
tank, pump and well shown on southwest portion of premises.
SUBJECT to the covenants and restrictions set forth in the closing deed.
Report 13-S (10/80)
SCHEDULE A (Description)
Amended
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying
and being at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Middle Road (County
Route 48) at the division line between the premises herein described
and premises now or formerly of the Charles Tuthill Estate;
RUNNING THENCE along the easterly line of said premises of the
Charles E. Tuthill Estate, North 28° 49' 50" West, 1,737.36 feet
to land now or formerly of Ruthinowski;
RUNNING THENCE along land last mentioned, three courses and distances
as follows:
1) North 66° 17' 20" East, 470.12 feet, thence
2) South 31° 57' 00" East, 820.47 feet, thence
3) North 62° 24' 40" East, 94.66 feet to land now or formerly of
t:he Estate of William Wickham;
THENCE along land now or formerly of the Estate of William Wickham,
South 29° 41' 20" East, 876.57 feet to the northerly side of Middle
Road (County Route 48);
THENCE along the northerly line of Middle Road (County Route 48),
South 61° 23 40" West, 620.67 feet to the Doint of place of
BEGINNING.
FOR INFORMATION ONLY:
DISTRICT 1000 SECTION 101.00
BLOCK 01.00 . LOT 006.000
007.000
Conditions
of this Policy
(a) Wherever the term "insured" is used in this policy it includes those who succeed to the interest of the insured by operation of law including, without limitation, heirs,
distributees, devisees, su r~ivo rs, personal re presentatives, next of kin o r corporate successors, as the case may be a nd those to whom the insu red has assig ned this policy
where such assignment is permitted by the terms hereof, a nd wherever the term "insured' is used in the conditions of this policy it also includes the attorneys and agents of
the "insured."
(b) Wherever the term "this company" is used in this policy it means Title USA Insurance Corporation ol New York
(c) Wherever the term "final determination" or "finally determined" is used in this policy, it means the final determination of a court of competent jurisdiction after
disposition of all appeals or after the time to appeal has expired.
!d) Wherever the term"thepremises'isusedinthispolicy, it meansthe propertyinsured hereinasdescribedin ScheduleAof this policyincludingsuch but d ngsand
~mprovements thereon which by law constitute real property.
(e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of lhe recording officer of the county in which
properly insured herein lies.
2. Defense and Prosecution of Suits
(a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrances not excepted in this policy.
(b) This company shall have the right and may. at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon or
under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder.
(c) In all cases where this policy requires or permits this company to prosecute or defend, t he insured shall secure to d the right and opportunity to maintain or defend
the action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to use therein, at its option, its own
n~me or the name of the insured.
(d) The provisions of this section shall survive payment by this company of- any specific loss or payment of the entire amount of this policy to the extent that this
company shall deem it necessary in recovering the loss from those who may be liable therefor to the insured or to this company.
3. Calel Where Liability Arises
NO claim for damages shall arise or be maintainable under this policy except in the following cases:
(a) Where there has been a final determination under which the insure J may be dispossessed, evicted or ejected from the premises or from some part or undivided share
or interest therein.
(b) Where there has been a final determination adverse to the t[.~le upon a lien or incumbrance not excepted in this policy.
(c) Where the insured shall have contracted in good faith in wr dng to sell the insured estate or interest, or where the insured estate has been sold for the benefit of the
insured pursuant to the judgment or order of a court and the tit ,e has been rejected because of a defect or incumbrance not excepted in this policy and there has been a
final determination sustaining the objection to the title.
(d) Where the insurance is upon the interest or a modgage and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the -
i nsured's estate or interest in the premises, or subject to a prior lien or inc um brance not excepted in this policy; or w here a recording office has refused to accept from the
insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because of a defect in the title to the said mortgage.
(e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and the title shall have
been rejected by the proposed lender and it shall have been finally determined that the rejection of the title was justified because of a defect or incumbrance not
excepted in this policy.
(f) Where the insured shall have transferred the title insured by an insturment containing covenants in regard to title or warranty thereof and there shall have been a final
determination on any of such convenants or warranty, against the insured, because of a defect or incumbrance not excepted in this policy.
(g) Where the insured estate or interest or a part thereof has been taken by condemnation and d has been finally determined that the insured is not entitled to a full award
for the estate or interest taken because of a defect or incumbrance not excepted in this policy.
NO claim for damages shah arise or be maintainable u h rider this policy ( 1 ) if this company, after having notice of an alleged defect or incumbrance, removes such defect
or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured insettling any claim or suit without the written
consent of this company.
4. Notice of Claim
In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the
insured of any claim adverse to the title hereby, o r in case of the service cln o r receipt by the insured of any paper, or of a ny notice, summons, process or pleadin g in any
action or proceeding, the object or effect of which shall or may he to impugn, attack or call in question the validity of the title hereby insured, the insured shall promptly
notify this company thereof in writing at its main office and forward to this company such paper or su;h notice, summons process or pleading. Delay in giving this notice
and delay in forwarding such paper or such notice, summons, process or plead ng sha no aec th s company's liability if such failure has not prejudiced and cannot in
the future prejudice this company.
(a) This company will pay, in addition to the loss, all statutory costs and allowances imposed on the insured in litigation carried on by this company for the insured under
the terms of this policy. This company shall not be liable for and will not pay the fees of any counsel or attorney employed by the insured.
(b) In every case where claim is made for loss or damage Ihis company (1) reserves the right to serge, at its own cost, any claim or sud which may involve liability under
this policy, or (2) may terminate its liability hereunder by paying or tendering the full amount of this policy, or (3) may, without conceding liability, demand a valuation of
the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by this company, and the two thus chosen
selecting and umpire, Such valuation, less the amount of any incumbrances; on said insured estateand interest not hereby insured against, shall be the extent of this
company's liability for such claim ~nd no right of action shall accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been
served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to this company of its designee at such
valuation, diminished as aforesaid. The foregoing option to fix as valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest.
The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leaesehold interest.
(c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary interest of such collateral holder in the premises.
(d) All payments made by this company under this policy shall reduce the amount hereof pro tanto except (t
defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured in such actions and
proceedings, and (2) if the insured is a mortgagee, payments made to satisfy or subordlante prior liens or incumbrances not set forth in Schedule
(e) When liability has been definitely fixed in accordance with the ~onditions of this policy, the loss or damage shall be payable witithin thirty days thereafter.
{a) In the event that partial loss Occurs after the insured makes an improvement subsequent to the date of this policy and only in that event, the insured becomes a
co-insurer to the extent hereinafter set forth.
If the cost of the imp rovement exceeds twenty per centum of the ~mou nt of this policy, such proport ion only of a ny pa,rial loss established shall be borne by the company
one hundred twenty per centum of the amount of this policy bears to the sum amount of this policy and the amount expendffid for the improvement. The foregmng
isio~s shall not apply to costs and attorneys' fees incurred by the company in prosecuting or providing for the defense of actions or proceedings in behalf of the
ired pursuant to the terms of this policy or to costs imposed on the insured in such actions or proceeding, and shall apply to that portion of losses which exceed in the
aggregate ten percent of the fac~ of the policy.
Provided, however, that the foregoing co*in surance provisions shall not apply to any loss arising out of a lien or incumbrance for a l iq ~idated amount which existed on the
date of this policy and was not shown in Schedule B; and provided further, such co-insurance provisions shall not apply to any loss if. at the time of the occurrence of such
loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy
(b) If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be cumputed
and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels exclusive of improvements made subsequent to the
date ct this policy
(C) Clauses "(a)' and "(b)' of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor.
11. Policy Entire Contract
All actions or proceedings against this company must be based on the provisions of this policy Any other action or actions or rights of action that the insured may bring
against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms
and conditions.
12. Validation and Modification
This policy is valid only when duly sign ed by a validating off icer o r agent Changes may be effected only by written endorsement. 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 incumbrances, except real estate taxes, assessments, water
charges and sewer rents.
Title USA Insurance Corporation of New York
New York State Offices
Albany County
90 State Street, Albany. N.Y, 12207
{518} 472-9161
Nassau County
170 Jericho Turnpike. Floral Park, N.Y. 11001
(516) 354*8500 (718) 347-2010
New York County
120 Broadway. New York, N.Y 10271
(212) 732-9760
Queens County
90-15 Sutphin Boulevard, Jamaica, N.Y, 11435
(718) 73~-4001
Rockland County
2 New Hempstead Road. New City. N.Y. 10956
(914) 634-3612 (212) 292-1528
Suffolk County
127 W. Main Street, Riverhead. N.Y. 11901
(516) 727-4140 (212) 962-1445
Westchester County
235 Main Street. White Plains, NY. 10601
(914) 948-4040 {212) 824-0404
Policy 21 (12/85)
N.Y.B.T.U, Form No. 1000
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Obituaries
John Case Tuthill
by The Suffolk Times I 09/17/2413 3:28 PM
Tweet
John Case Tuthill of Mattituck died at his home Sept. 17. He was 98
years old.
He was born in Mattituck Oct. 11, 1914, to Ernest and Lelia (Hallock)
Tuthill and educated in local schools. He began his service to his
country with the U.S. Army in 1941 and was honorably discharged as
a sergeant in 1945•
For many years, he was a potato and hay farmer with John C. Tuthill
Farms and was one of the last dairy farmers on the North Fork.
John was a member and 25-year treasurer of Cutchogue
Presbyterian Church and a member of the Maratooka Club and Farm
Bureau.
He is survived by his wife, Jeanne (nee Carter), and a brother,
Hallock, of Cutchogue. He was predeceased by a son, Edward, in
1972.
The family will receive friends Thursday, Sept. 19, from 5 to 8 p.m.
at DeFriest-Grattan Funeral Home in Mattituck. Graveside services,
with U.S. Army honors, will be held Friday, Sept. 20, at 11 a.m. at
Cutchogue Cemetery.
Memorial donations may be made to the Wounded Warrior Project.
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http://suffolktimes.timesreview.com/2013/09/42150/]ohn-case-tuthill/
473889 SOUTHOLD
NYSRPS ASSESSMENT INQUIRY
SCHOOL MATTITUCK SCHOOL
PRCLS 129 LAND RIGHTS
101.-1-7.2
15205 eR 48
OWNER & MAILING INFO ===I=MISC
HILL JOHN C ~RS-SS
0 ELIJAHS LANE ~ 1
MATTITUCK NY 11952 ~ BANK
DATE : 08/16/2004
ROLL SEC TAXABLE
TOTAL RES SITE
TOTAL COM SITE
ACCT NO 36
I======== ====== ASSESSMENT DATA ===========
~ **CURRENT** RES PERCENT
~LAND 2,700 **TAXABLE**
ITOTAL 2,700 COUNTY 200
**PRIOR** TOWN 200
ILAND 2,700 SCHOOL 200
~TOTAL 2,700
==DIMENSIONS
ACRES 21.82
===~======= SALES INFORMATION ==================================
IBOOK
IPAGE
SALE DATE 00/00/00
PR OWNER
=============1== TOTAL SPECIAL DISTRICTS
PCT TYPE
00000
1
TERM VLG HC OWN CODE UNITS
~FD029
~PK090
~SW011
F3=NEXT EXEMPT/SPEC
F9=GO TO XREF
=======TOTAL EXEMPTIONS
CODE AMOUNT PCT INIT
41720 2,500 04
Fl=NEXT PARCEL
75.10- 03-050 F6=GO TO INVENTORY
VALUE
F4=PREV EXEMPT/SPEC
F10=GO TO MENU
/ ~o ~ -/~ / - t -~, ~ TOWN OF SOUTHOLD --PROPERTY RECORD CARD
OWNER STREET/-E~C~' V'LLAGE D~ST.I SUB. LOT
Ef~ , ACR.
S W TYPE OF BUILDING
RES. SEAS. YE FARM t -~-~ COMM. CB. MIC$. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
A~
BUILDING
CONDITION
N~ NOR~L BELOW ABOVE
FA~ Acre Value Per Value
Acm
Tillable y 2~/y' ~ .[:~5. e7 FRONTAGE ON WATER
W~land FRONTAGE ON ROAD
Mead~d DEPTH
Mou~ Plot BULKH~D
Total D~K
A
E
R
I
A
L
S
2001 Aerial SCTM #1000-101-1-7.2 Premises: 15205 Route ~48, Mattituck