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Cross, James E
1000-109-1-8.8 Baseline Documentation Premises: 22275 Main Road Cutchogue, New York 25.669 acres Development Rights Easement JAMES E. CROSS to TOWN OF SOUTHOLD Deed dated May 16, 1989 Recorded June 26, 1989 Suffolk County Clerk - Liber 10882, Page 399 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area: Zoned: Existing Improvements: 1000-109-1-8.8 22275 Main Road Cutchogue $159,147.80 ($6,200/acre) Agricultural Land Capital Funds n/a 25.669 acres n/a A-C In 1989 - plastic greenhouses, metal storage building, wood frame office and work building, two water wells, no dwellings AREI AND NEIGItBORHOOD AN.aLYSIS Subject property is located on the north side of Route 25, approximately 1,700 feet east of Elijah's Lane in the Uamlet of Mattituck; Township of Southold; County of Suffolk; State of New York. subject properly is currently being used as a t,,holesalc ornamental nursery. The location and desirability and ease of development would be rated as very good. ~e water source Js prJw~te and there appears to be an adequate supply of dependable and acceptable water. However, all agricultural land has a potential possibility of Nitrates and Temik ~n the wells. The sewer sys[em is private with cesspool~;. ~uh ec or<:?:~:~-?tv is located Jn the Mattituck School. and }'ire ])ist riots. (]onven[onc( ~o school, shopping arid adequate are ali averap~e, The ' ~ Lrmneclld~e area is residential and [an~ l,ropertlos, most lV occupied ?ear-round. DESCRIPTION OF IMPROVEMENTS l<out~ 25 is a tw~) lane highway travelling east and west. There are no dwellings on the property. There are rm~ny plastic greenhouses, metal storage wood fr~e office and work building and there ~s a h]acktop asphalted road ~ing west of center of the property, north and south. ~ere are two water wells on the property. ~e north well reaches water at 27'. ~e well to the south reaches water at %he public utilities provided are electric and ts~ephone. Poute 25 is the only entranre or ~'it to t~~ f:-o'~ tf:e property. Route 25 i:~ an L~proved and paved l'~igh~a~, ~?aiutai:e~ the New York State Hi~thway ~partment. 'I]ae anbject property is currently ~med for growi, ng wholesale ornamental nursery stoek. ZONING The subject property is Zoned for A-Residential and Agricultural subject to 80,000 sq. ft. per homesite and the applicable Section of ~mpter 100 of the Code of the To~n of Southold Zoning. SECTION I - ENTIRE PARCEL DESCRIPTION OF THE SITE AND VALUATION INFLUENCES The subject property is regular in shape. The road front is approximately 436', but the owner sold off two acres on Route 25 leaving approximately 206'. This was a recent sale. With this two acre piece, the entire fam consisted of approximately twenty-eight acres. The parcel widens to 671' to the widest point and the length of the parcel on a straight line basis is 2,751'. Total acreage offered Js approximately twenty-six . The topography of this ~i te is rolling with the highest point along the north L~Lnda:~ snd approximately two-thirds of the total acreage is op: n ant supports the nursery st~ctures and plantings. Approximately one-~hird i~ woodlands and a low area toward Route 25 which contains two ly2nds. ~e previous owner, George Alec had actually farmed quite a large portion of the property with potatoes in the northern portion, and cabbage, beans and cuc~nbers to the southern portion. Despite the fact that this parcel is not typical tillable farmland, it is a better than average site for residential use. In my opinion, there is more value here for hemesites than for agriculture. The soil is classified from the Suffolk County Soil and Water Conservation District as a mixtore of various soils: #1- PIB, Plymouth Loamy Sand. Slopes 3 to 8%. #2- HaB, Haven Loam Slopes 2 to 6% #3- CpA, Carver Plymouth Sands. Slopes 0 to 3% SEC[liN I ['NTIRE PARCEL Description of the S i[e and ~alua[k~n Infhlences con['d. PmB3, Ptpnoath Gravel [y D~a~nv Sand Slopes 3 to #5- CpE, Carver Plymouth Sands Slopes 15 ~ring a rain sto~ it appears water would ~a do~ from the north botmda~ to one of the two pond areas to the southeast. ~e present o~er ~ms installed a mn-made stem drainage ditch along the east botmdary for the water to ~ off. '~e property o~er to the north, Kurkoski, presently has a deeded Right Of l{av through J~:es Cross' fam~ to Route 25. 7he exacl location of tho Right Of Way is uot defined. Wat~c is available through ?rivat:e wells. P R 0 P E R T Y V I S U A L S (~ COUNTY OF SUFFOLK I~G~O, $OUTHOLO -- Real Pr' nrly Tax Service AgencyJ'"t~P"~ · ,:,..d. ~. ~, ,',.,., ¥*,', 1;.~2~ z SIJB,JECT PROPERTY JAMES E. CROSS LOOKING EAST ROUTE 25 32. SUILJECT PROPERTY ,JANIE, S E. CROSS L(X)K lNG I~'EST ROLTE 25 SUBJECT PROPERTY J~r~MES E. CROSS FROM NORTH BOUNDARY LOf)KING SObTI{ 34. Sb]KIECT PROPERTY JAMES E. CROSS LOOKING TO NORTH BOUNDARY 35. SI FBJECT PROPERTY JANES E. CROSS FROM C~WTER LOOKING NORTH 36. S[7KJECT PROPERTY JAMES E. CROSS FROM CENTER LOOKING SOLrFH 37. HeA PmC3 - HaA /- HaA RhB Marratooka point G R E A O P T I O N A G R E E M E N T .JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box I 17 9 Southold, New York ! 1971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTIONS WERE ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 2, 1987: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a Farmland Development Right Acquisition - Option Agreement with James E. Cross for his 26 acre parcel located on the north side of Route 25, CutchOgue, New York. RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tues- day, June 30, :1987, Southold Town Hall, Main' Road, Southold, New York, as time and place for a public hearing on the Acquisition of Development Rights in the Agricultural Land of James E. Cross, north side Route 25, Cutchogue, New York, 26 acres. (/ ' Judith T. Terry Southold Town Clerk June 4, 1987 OPTION AGREEMENT James E. Crosst res±ding at P.O. Box 730, Cutchogue, NY 11935 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 ($10.00) Dollars, paid by the Optionee, the Optionor does hereby give and grant to the Optionee the exclusive option, right and privilege to purchase the premises at Main Road, Cutchogue, tax map no. 1000-109-1-8.5 and more particularly described in Schedule A annexed hereto, made a part hereof, and initialed by the parties hereto. 2. That this option shall continue in effect until 12 o'clock midnight on the 60th day after the Southold Town Board holds a public hearing on the question of the-acceptance of this option, as required and provided in Section 25-40 of Chapter 25 of the Southold Town Code. The Optionee represents that it will hold such public hearing within 45 days from the date hereof. In the event that the Optionee fails to hold such hearing within 48 days from the date hereof, the Optionor shall have the right to terminate this option by giving written notice of termination to the Southold Town Clerk. 3. The total purchase price shall be Six thousand, two hundred ($~ Dollars per acre of land, to be paid by the Optionee, if this option exercised, as provided in the annexed form of agreement. 4. If this option is exercised by the Optionee as herein provided, the Optionor and the Optionee will respectively as seller and purchaser perform the obligations set forth in the form of agreement to be performed by the seller and the purchaser therein, said form of agreement being annexed hereto and made a part hereof, and marked 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 the Optionor at his address set forth above. 6. The deed conveying the Development Rights in the premises shall be in the form annexed hereto and made a part hereof and marked Exhibit B. IN WITNESS WHEREOF, the parties hereto have executed and delivered this agreement the day and year first above written. TOWN / Optionor Optionor Optlonor STATE OF NEW YORK) COUNTY OF SUFFOLK] On this ~::~.~-~ day of ..o,~, /~'J 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 the Supervisor of the TOWN OF SOUTNOLD, 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 bis name hereto by like order. STATE OF NEW YORK) SS. : COUNTY OF SUFFOLK) On the ~g day of C~r~(.~r ' known to be the individual described in and who executed the foregoing instrument, and acknowledged that / executed the same. 1987, before me personally to me STATE OF NEW YORK) COUNTY OF SUFFOLK) Notary Public On the day of , 1985, before me personally to me known, who, being by me duly sworn, did depose and say that he resides at 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. -3- P U B L I C H E A R I N G .JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS'TO CERTIFY THAT THE FOLLOWING RESOLUTIONS WERE ADOPTED BY THE SOUTHOLD TOWN BOARD' AT A REGULAR MEETING HELD ON JUNE 2, :1987:: RESOLVED that the Town. Board of the Town of Southold hereby authoriz6~ and directs Supervisor Francis 'J. Murphy to execute a Farmland Development Right Acquisi~tibn - Option Agreement with James E. Cross for his'26 acre parcel Io~ated on the north sid~ of Route 25, CutchOgue, New York. RESOLVED that the Town Board of the Town of' Southold hereby sets 8:00 P.M., Tues- day, June 30, :1987:, Southold Town Hall, Main' Road, Southold, New York, as time and place for a public 'hearing on the Acquisi'ti0n of Development Rights in the Agricultural Land of James E. Cross, north side Route 25, Cutchogue, New York, 26 acres. Judith T. Terry Southold Town Clerk June 4, 1987 LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a Public Hearing on the 30th day of June, 1987, 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 acquisi'tion, by the Tow~ of Southold, of the development rights in the agricultural land of James E. Cross, comprising approximately 26 acres, and located on the north side of New York State Route 25, Cutchogue, New York. FURTHER NOTICE is given that option agreements between James E. Cross and the Town of Sout~hold, containing a more detailed description of tf above mentioned property, is on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, and may be examined by an/ interested person during normal business hours. DAT,ED: June 2, 1987. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JUNE 11, 1987, AND FORWARD ONE (1) AFFIDAVI' OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAI~ ROAD, SOUTHOLD, NEW YORK 11971. Copies: to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board members Town Clerk's Bulletin Board Farmland Committee James E. Cross PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 30, 1987 8:00 P.M. ON THE QUESTION OF THE ACCEPTANCE OF THE OPTION FOR THE ACQUISITION OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LAND OF JAMES E. CROSS. Present: Absent: Deputy Supervisor Frank A. Kujawski, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry Supervisor Francis J. Murphy Councilman James A. Schondebare DEPUTY SUPERVISOR KUJAWSKI: This is a public hearing on the acquisition of development rights in the agricultural lands of James E. Cross. The legal notice will be read by Councilman Stoutenburgh. COUNClLJVIAN STOUTENBURGH: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituti~,~ Chapter 25 of the Southold Town Code, the Town Boasrd of the Town of South~,~ld will hold a iPublic Hearing on the 30th day of June, ]987, at 8:00 o'clock P.M., at the Southold Town Hall, Main' Road, Southold, New York, on the question of the acceptance of an option for the acquisi~tion, bylthe Town of Southold, of the developmen~ rights in the agricultural land of James E. Cross, comprising approx- imately 26 acres, and located on the north side of New York State Route 25, Cutchogue, New York. Further Notice is given that option agreement between James E. Cross and the Town of Southold, containing a more detailed description of the above mentioned property, is 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: June 2, :1987. Judith T. Terry, Southold Town Clerk." I have notificati~o~ that it was published in The Suffolk Times and The Long Island Traveler-Watchman, and posted on the Town Clerk's Bulletin Board. DEPUTY SUPERVISOR KUJAWSKI: Are there any comments from the audience regard- ing this? On the left? Center? Right? (No response.) COUNCILMAN STOUTENBURGH: I'd like to make a comment. I think it's pretty great that we have people in this Town that are interested in preserving farming in this~Town, and we should take our hat off to these people because they're exactly what we want to keep this Town in in a rural character, and we have found that we have some rare pieces of property, and the one that we're talking about tonight belong to Jim Cross, and Jim Cross is in our audience, and I just say, thank you, Jim, for giving us your piece of property and putting it in our land bank. DEPUTY SUPERVISOR KUJAWSKI: Then' I Will~close the hea~'ing. Are there any other comments? (No response.) Southold Town ClerlO' P U R C H A S E R E S O L U T I O N JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main R( P.O. Box 1179 Southold, New York 119' TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 30, 1987: WHEREAS, the Town Board entered into an option agreement with James E. Cross for the purchase of development rights in agricultural lands; and WHEREAS, the Town Board held a hearing with respect to said option on the 30th day of June, :1987, pursuant to the provisions of Section 25-4 of the Southold Town Code; and WHEREAS, the _Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricUltural lands set forth in the option agreement with James E. Cross; now, therefore, be it RESOLVED that the Town Board hereby elects to exercise the option to purchase the development rights in the aforesaid agricUltural lands owned by James E. Cross; and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice or,such acceptance to James E. Cross; and BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized and directed to execute any and all required documents required for the acceptance of said development rights. Judith T. Terry ~ Southold Town Clerk July 2, 1987 R E C O R D E D D E E D INDENTURE THIS INDENTURE, made this ~ day of May, 1989, 0 / between JAMES CROSS, residing at (No#) Main Road, Cutchogue, New York 11935, party of the first part, and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part. WITNESSETH, that the party of the first part, in DIST. consideration of Ten and 00/100 ($10.00) Dollars, lawful money of 1000 the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release SECT. unto the party of the second part, its successors and assigns 109.~0 forever, the Development Rights, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New BILK. York State General Municipal Law, as amended, to permit, require 01.00 or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the LOT Southold Town Code, and the right to prohibit or restrict the use 008.00~ of the premises for any purpose other than agricultural production, ALL those pieces or parcels of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 10882Pg400 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the north side of main Road (N.Y.S. Route 25) where the division line of a 15 foot right of way and east line of lands conveyed to Frederick Krespach by deed Liber 10483 page 189 intersects the north side of Main Road; THENCE along lands now or formerly of Frederick Krespach and partially along lands now or formerly of William Lowe, North degrees 17 minutes 30 seconds East 345.95 feet; 02 THENCE continuing along lands now or formerly of William Lowe, the following three courses and distances: 1. North 20 degrees 51 minutes 20 seconds West 112.36 feet; 2. North 31 degrees 17 minutes 10 seconds West 134.31 feet; 3. South 63 degrees 34 minutes 10 seconds West 345.13 feet to lands now or formerly of Bagenski; THENCE along lands last above mentigned North 26 degrees 25 minutes 50 seconds West 114.26 feet; THENCE partially along lands now or formerly of Bagenski and along lands now or formerly of J. Cross, North 25 degrees 54 minutes 30 seconds West 1018.64 feet; THENCE along lands now or formerly of J. Cross North 25 degrees 40 minutes 00 seconds West 264.50 feet to lands as shown on Minor Subdivision entitled, "Tut'~ Acres"; THENCE along lands last above mentioned North 27 degrees 11 minutes 00 seconds West 829.88 feet to lands now or formerly of Kurkowski; THENCE along lands last above mentioned the following two courses and distances: 1. North 73 degrees 52 minutes 10 seconds East 306.84 feet; 2. North 56 degrees 45 minutes 20 seconds East 65.58 feet to lands now or formerly of Island Vineyards; THENCE along lands last above mentioned the following seven courses and distances: 1. South 27 degrees 52 minutes 20 seconds East 1266.42 feet 2. North 62 degrees 07 minutes 40 seconds East 100 feet; 3. South 27 degrees 52 minutes 20 seconds East 370 feet; (2) 10882P 401 4. North 62 5. South 27 6. North 62 7. South 27 lands now or degrees 07 minutes 40 seconds'East 125 feet; degrees 52 minutes 20 seconds East 70 feet; degrees 07 minutes 40 seconds East 75 feet; degrees 52 minutes 20 seconds East 587.63 feet to formerly of G. Alec; THENCE along lands last above mentioned the following two courses and distances: 1. South 66 degrees 02 minutes 50 seconds West 300.70 feet; 2. South 24 degrees 34 minutes 10 seconds East 310.89 feet to lands now or formerly of C. Alec; THENCE along lands last above mentioned South 28 degrees 58 minutes 00 seconds East 140 feet to a monument on the north side of Main Road (N.Y.S. 25); THENCE along the north side of Main Road the following two courses and distances: 1. South 59 degrees 59 minutes 20 seconds West 206.33 feet; 2. South 72 degrees 27 minutes 40 seconds West 42.42 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to JAMES CROSS by deed from George Alec dated April 15, 1966, and recorded in the Office of the Clerk of the County of Suffolk on September 19, 1966 in Liber 5943 pa..~ 148 and by deed from Island Vineyards dated February 17, 1~83, and recorded in the Office of the Clerk of the County of Suffolk on February 24, 1983 in Liber 9319 page 141. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with 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 (3) 10 82 402 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 Section 13 of the Lien Law, the first part, in compliance with 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 his 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" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural production - shall mean the production for commercial purposes of crops, livestock and live- stock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in (4) ' )882P 403 agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes". The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year f' t above wr' ten. /ATTESTED ADD APPROVED -f / JAME~ CROS~ ~ T0~Jorney ~- By~~~ ~.~' Frank A. ~u~wski, Jr. Deputy Supe~isor (5) · 1t 882 404 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On this 10th day of May , 1989, before me person- ally came FRANK A. KUJAWSKI, JR., to me known, who being my me duly sworn, did depose and say that he resides at 1300 Marratooka Road, Mattituck, New York 11952; that he is the Deputy 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 corporation 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 ) ) SS.: COUNTY OF SUFFOLK ) Notary Public J~D~N T. TERRY ~ Public, ~tatl ~ ~ ~ On this -~day of /~'[4{4,%.,..'~ , 1989, personally came JAMES CROSS to me known and~''~..no~n to be the individual described in and who executed the for/egoing instrument and he duly acknow- ledged that he executed same. Notary Public ~ ~U:~AN PO[%T NOTARY PU81.1C. ,~'ate of New No, 473gs4~. Suffoll~ County Commission Expires, April 30, lg..,~ -- RiVERH~,U, [,1~ ~ ~ORK 11901; (6) T I T L E P 0 L I C Y TITLE INSURANCE POLICY First American Title Insurance Company of New York PolicyNo. 7 387152 Title No. 605-8-5250 ~n ~o~toic~eration o~ the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and ex- penses of defending the title, 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 encumbrances 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 here~lter gain priority over the interest insured hereby, or by reason of a lack of access t6 and from the premises, excepting all loss and damage by reason of the estates, interea'.s, defects, objections, liens, encumbrances and other matters set forth in Sched- ule B, or by the conditions of this 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. ~n ~itneoo C~hereo~, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK has caused this policy to be signed and sealed on its date of issue set forth herein, the policy to become valid when countersigned by an authorized signature Pe~onic Abstract Jeanne Anstett Office Manager FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK PRESIDENT (S*~ Ova') N.¥.B.T.U. FORM I00 D FTWG;36 Rev. 77 F.i'rst -yterican Title Insurance 5)mpany of New York Amount of Insurance $159,147.80 Date of Issue 5/16/89 Policy No. Title No.605-S-5250 Nameoflmumd: TOWN OF SOUTHOLD AS TO DEVELOPMENT RIGHTS ONLY Theestateorinterest~suredbythispo~cyis FEE SIMPLE vestedintheinsuredbymeansof By a deed from JAMES CROSS, dated 5/16/89 and recorded ±n the Office of the Clerk of the County of Suffolk. 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, objections to rifle, liens and encumbrances and other matters are excepted from the coverage of our standard form of policy: I. Defects and encumbrances arising or becoming a lien after the date of this policy. 2. Consequences of the exercise and enforcement or attempted enforce- ment of any governmental wax or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or improvement of the premises, adopted or imposed by any governmental body, or the effect of any non- compliance with, or any violation thereof. 4. ludgments against the insured or estates, interests, defects, objec- fions, liens or encumbrances created, suffered, assumed or agreed to by or with the pfivity of the insured. 5. Title to any property beyond the lines of the premises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or thc fight to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this certificate specifically provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this certificate, unless .ch~erwise excepted, insures the ordinary tights of access and egress 9Monging to abutting owners. 6. Title to any personal property, whether the '.amc be attached to or used in connection with said premises or othe~ ~ise. 7. Survey made by Roderick Van Tuyl, P.C., dated 12/15/87 shows vacant land. A right of way 15 feet in width, more or less, traversing the premises in a north-south direction from Main Road to adjoining premises to the north. No variations. Any state of facts mince 12/15/87. 8. Rights of others in, to and over the 15 foot right of way as shown on said survey. 9. Declaration of Covenants and Restriction in Liber 10448 page 10. Subject to a Right of Way as set forth in deed Liber 5943 page 148. 281. TitleNo. AMENDED 3/7/88 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State. of New York, bounded and described as follows: BEGINNING at a point on the north side of Main Road (N.Y.S. Route 25) where the division line of a 15 foot right of way and east line of lands conveyed to Frederick Krespach by deed Liber 10483 page 189 intersects the north side of Main Road; THENCE along lands now or formerly of Frederick Krespach and partially along lands now or formerly of William Lowe,'North 02 degrees 17 minutes 30 seconds East 345.95 feet; THENCE continuing along lands now or formerly of William Lowe, the following three coursesa and distances: 1. North 20 degrees 51 minutes 20 seconds West 112.36 feet; 2. North 31 degrees 17 minutes 10 seconds West 134.31 feet; 3. South 63 degrees 34 minutes 10 seconds West 345.13 feet to lands now or formerly of Bagenski; THENCE along lands last above mentioned North 26 degrees 25 minutes 50 seconds West 114.26 feet; / THENCE partially along lands now or formerly of Bagenski and along lands now or formerly of J. Cross, No'rth 25 degrees 5& minutes 30 seconds West 1018.64 feet; THENCE along lands now or formerly of J. Cross North 25 degrees 40 minutes O0 seconds West 264.50 feet to lands as shown on Minor Subdivision entitled, "Tut's Acres"; THENCE along lands last above mentioned North 27 degrees 11 minutes OO seconds West 82'9.88 f. eet to lands now or formerly of Kurkowski; THENCE along lands last above mentioned the following two courses and'distances: 1. North 73 degrees 52 minutes 10 seconds EAst 306.84 feet; 2. North 56 degrees 45 minutes 20 seconds East 65.58 feet to lands now or formerly of Island Vineyardsl continued The policy to be Issued under this report will Insure the fide to such buildings and Improvements erected on the premises which by law constitute real property. FOR TOGETHER with all the fight, title and interest of the party of the first party, of, In nnd to the land lying CONVEYANCING · ONLY m the street in front of and adjoining said premises. Page 2 CONDITIONS 1. Definitions (a) Wherever the term "insured" is used in this policy it includes those who succeed to the interest of thc insured by operation of law including, without limitation, heirs, distributecs, devisees, survivors, personal represents- fives, next of kin or corporate successors, as the case may be, and those to whom the insured has assigned this pogcy where such assignment is permitted by the terms hereof, and whanever thc term "insured'* is used in the conditions of this policy it also includes the attorneys and agents of the (b) Wherever the term "this company" is used in this policy it means F~rst American Title Insurance Company of N~ York. (c) Wherever the term "final determination" or "finally determined'* is used in this pohcy, it means the final determination of a court of competent jurisdiction after disposition of all appeals or after the time to appeal has expired. (dj Wherever the term "the premises" is used in this policy, it means the property insured herein as described in Schedule A of this pogcy, including such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this poticy it means, unless otherwise indicated, recorded in thc office of the recording officer of thc county in which property insured herein lies. 2. Defense and Plosecution of Suits (a) This company will, at its own cost, defend the insured in ag actions or proceedings founded on a claim of title or encumbrances not excepted in this poticy. (b) Tins company shall have the right and may, at ita own cost; maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon any convenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all cases where this pohcy requires or permits this company to proseeuin or defend, the insured shall secure to it the right and opportunity ~J maintain or defend the action or proceeding, and all appeals from at~y ta~termination therein, and give it all reasonable aid therein, and I~z,eby red. (dj The provisions of this sectinn thall survive payment by this company of any specific loss or payment of the entire amount of this policy to the those who may be gable therefor to the insured or to this company. 3. Cases Where Liability At~es 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 insured may be dispossessed, evicted or ejected from the premises or from some part or undivided share or interest therein. CO) Where there has been a final determination adverse to the title upon a lien or encumbrance not excepted in this policy. (c) Where the insured shall have contracted in good faith in writing 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 title has been ~jected because of a defect or encumbrance not excepted in this policy and there has been a final determination sustaining the objection to the title. (dj Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final determination to be invagd or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior gert or encumbrance not excepted in this policy; or where a recording officer has refused to accept from the insured a satisfaction of thc insured mortgage and there has been a final determination sustaining the refusal because ora defect in the title to the said mortgage. (e) Where the insured shag 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 encumbrance not excepted in this policy. OF THIS POLICY (f) Where the insured shall have transferred the title insured by an instrument containing covenants in regard to title or warranty thereof and there shall have been a final determination on any of such covenants or warranty, against the insured, because of a defect or encumbrance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that the insured is not entitled to a full award for the estate or interest taken because ora defect or encumbrance not excepted in this policy. No claim for damages shag arise or be maintainable under this policy (1) if this company, after having received notice of an alleged defect or encumbrance, removes such defect or encumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in settling 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 insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process of pleading in any action or proceeding, the object or effect of which shall or may be to impugn, attack or call in question the validity of the title hereby insured, the insured shatl promptly notify this company thereof in writing at its New York office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in the future prejudice this company. 5. Payment of Loss (a) This company will pay, in addition to the loss, all statutory costa 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. Co) In every case where claim is made for loss or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may involve gabllity under its policy; or (2) may terminate its [lability 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 an umpire. Such valuation, less the amount of any encumbrances on said insured estate and interest not hereby insured against, shall be the extent of this company's liability for such claim and 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 or its designee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by afibtrniinn shall not apply to a pogcy insuring a mortgage or leasehold 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. (dj All payment made by this company under this policy shall reduce the amount hereof pro tanto except (1) payments made for counsel fees and disbursements in 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 subordinate prior liens or encumbrances not set forth in Schedule B. (e) When liability has been definitely fixed in accordance with the conditions of this pogcy, the loss or damage shall be payable within thirty days thereafter. CONDITIONS (Continued on Back of Schedule B) continued SCHEDULE A Title No. THENCE along lands last courses and distances:, 1. South 27 degrees 52.minutes 20 2. North 62 degrees 07.minutes 40 South 27 degrees 52 minutes 20 North 62 degrees 07 m'±nutes 40 5. South 27 degrees 52 minutes 20 above mentioned the following seven seconds East 1266,42 feet; seconds East 100 feet; seconds East 370 feet; seconds EAst 125 feet; seconds, East 70 feet; 6, North 62 degrees 07 minutes 40 seconds East 75 feet; 7, South 27 degrees 52 minutes 20 seconds East 587,63 feet to lands now or formerly of G, Alec; THENCE along lands last above mentioned the following two courses and distances: 1, South 66 degrees 02 minutes 50 seconds West 300,70 feet;· 2, South 24 degrees 34 minutes lO'seconds East 310,89 feet to lands now or formerly of C, Alec; THENCE along lands last above men~ioned South 28 degrees 58 minutes O0 seconds East 140 feet'to a monument on·the north side of Main Road (N,Y,S, 25) THENCE along the north side of Main Road the following two courses and distances: 1, South 59 degrees 59 minutes 20 seconds West 206,33 feet; 2, South 72 degrees 27. minutes 40 seconds WEst 42,42 feet to the' point or place of BEGINNING, The policy to be Issued under tl~s report will Insure the fltl~ to such buildings and Improvements erected on the premises which by law constitute renl property. ~ FOR TOGETHER with all the right, title and Interest of the party of the first party, of, in and to the lend lying CONVEYANCINO ONLY In the street In front of and adjoining said premises. Page 2 CONDITION S (Continued frotn Back of First Page) 6. Co-Insurance and Apportionment (a) In the event that a partial loss occurs after the Insured makes an improvement subsequent to the date of this policy, and only in that e'vent, the' Insured becomes a co-insurer to the extent hereinafter set forth. If the cost of the improvement exceeds twenty per centum of the amount of tl)is Policy, such proportion only. of any partial loss established shall be bo'rne by the Company as one hundred twenty per centum of the amount ol this policy bears to the sum of the amount of this policy and the amount expended for the improvement. The foregoing provisiqns shal~ not apply to costs and attorneys' fees incurred by tile circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other instrument of transfer or conveyance or to have assumed any liability, for thei sufficiency of any proceedings after the date of this policy. Subrogatioh ' ' (a) This company shall to the extent of any payment by it of loss under th s policy be subrogated to all rights of the Company in prosecuting or providing for the defense of instruments as may be requested to tranafer such rights to this actions or proceedings'in behalf of the Insured pursuant tothe O~ .~ ' company. The rights so transferred shall be subordinate to any terms of this policy 6r ~o costs imposed On the lnscr$d?in st/~h~ ~ ,ren~aining interost of the insured.. ~, :~ . '~ ~ . (b) ~lt~ the insured is a mbrtgagle th s company's rght of actions or proceedings, and shall apply only to thai portion of ~- :: .... ~ . ' . subrogation shall not preve'nt the nsured from 're cas ng the losses which exceed iB the agg)'egate ten per cent., of the. face of,,,.~ personal' !~abd~ty of the obligor Or-' gu'arantor' or from Provided, however~ that' the fo?egoing co-insuli~n'ce' provisions shall not apply to any loss arising out of a lien or encumbrance for a liquidated 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 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 computed and settled on a pro rata basis as ff this policy were divided pro rata as to value of said separate, independent parcels, exclusive of improvements made subsquent to the date of this policy. (c) Clauses "(a)" and "(b)' of this section apply to mortgage policies only after the insured shall have acquil-ed the interest of the mortgagor. (d) If, at the time liability for any loss shall have been fixed pursuant to the conditions of this policy, the insured holds another policy of insurance covering the same loss issued by another company, this company shall not be liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of insurance held by the insured, unless another method of apportioning the loss shall have been provided by agreement between this company 7. Assignment of Policy If the interest insured by this pohcy is that of a mortgagee, this policy may be assigned to and shall insure to the benefit of successive assignees of the mortgage without releasing, a por'ti6fi 'of the promises\from the lien 'of the mortgage or from increasing or otherwise modifying the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. 9. Misrepresentation Any untrue statement made by the insured, with respect to any material fact, or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. 10. No Waiver of Conditions This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. 1 1. Policy Entire Contract Ail 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 have or may bring against this c.ompaoy 'in respect of other services i rendered in eonnection ~vith the issuance of this policy, shall be deemed to have merged in and be restric[ed to its terms and conditions. 12. Validation and Modification consent of this company or its endorsement of this policy. This policy is valid only when duly signed by a validating Provision is made in the rate manual of New York Board of officer or agent. Changes may be effected only by w~itten Title Underwriters filed with the Superintendent of lii~m-ai/~~ f - -. bfidbis&nehf, iffifld £e~b'rd fig'dhte of the nstruments creat ng of the State of New York on behalf of this and other member the insured interest is later than the policy date, such policy companies for continuation of liability to grantees of the shall also cover intervening liens or incumbrances, except real insured in certain specific ~ qircumstances only. In no estate taxes, assessments water charges and sewer rents. q,.$~ AMERIC, First American Title Insurance Company of New York 1050 FRANKLIN AVENUE GARDEN CITY, NEW YORK 11530 210 COURT STREET RIVERHEAD, NEW YORK 11901 170 BROADWAY NEW YORK, NEW YORK 10038 ONE NORTH BROADWAY P.O. BOX 832 WHITE PLAINS, NEW YORK 10601 ONE PIERREPONT PLAZA 300 CADMAN PLAZA WEST BROOKLYN, NEW YORK 11201 FTWC-125 P R O P E R T Y R E C O R D S Z 2002 Suffolk County Tax Map Book ~EE *~C, NO. 102 £ - Z ~'~ ~ ? MATCH File ¥iew Toolbar Help N~ ~ ,l~ P : ~r,t~ ~00 8~6k 11830 ~n~.- ~n ' ~ age 0 Ba~k r~1720 ~G DiST,,~ Double click to ...... open a window 473889 SOUTHOLD 109.-1-8.8 22275 MAIN RD = OWNER & MAILING INFO ===I=MISC .OSS CONSTANCE M & IRS-SS 99~SSINA ROBERT S TRUSTEES 1 MAIN RD BANK PO BOX 730 CUTCHOGUE NY 11935 NYSRPS ASSESSMENT INQUIRY DATE : 08/23/2004 SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS 129 LAND RIGHTS TOTAL RES SITE TOTAL COM SITE ACCT NO 36 ======== ====== ASSESSMENT DATA =========== **CURRENT** RES PERCENT LAND 3,300 **TAXABLE** TOTAL 8,600 COUNTY 5,400 **PRIOR** TOWN 5,400 LAND 3,300 SCHOOL 5,400 TOTAL 8,600 ==DIMENSIONS ===1======= SALES INFORMATION ================================== ACRES 26.66 IBOOK 11830 SALE DATE 04/24/97 SALE PRICE 1 IPAGE 907 PR OWNER CROSS JAMES =======TOTAL EXEMPTIONS i =============1== TOTAL SPECIAL DISTRICTS 3 ===== CODE AMOUNT PCT INIT TERM PCT TYPE VALUE 41720 3,200 04 VLG HC OWN CODE UNITS IFD029 IPK090 ISW011 I Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU l lO©O * ~(>~:.~ · I - ~. ~, I TOWN OF SOUTHOLD PROPERTY RECORD CARD STREETD ~-~-~-~-~-~-~-~-~-~-~-""~ 5 VILLAGE DIST. SUB. LOT FORMER OWNER*~-,~ I E ~ ' ACR. S W TYPE OF BUILDING RES, SEAS, VL FARM COMM. LAND IMP, TOTAL DATE REMARKS _ ~ I I~ t~ , ,. ~/~f~ zZ F~ONTAGE ON W~E~ ' TILLABLE, . F~ONTAGE ON ~OAD WOODL~ DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL A E R I A L S 22275 Main Rd, CutchogUe -+25.669 acres development rights