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Posillico, James & Anthony
,,~ P.O. ~ ~ T~IC~, DESCRIPTION ~3 .8660.2.6Q0. 100, 0513~03 WESTBURY/TOS-5, 03 76~ 0gQ. 00 ~3 .8660.2. 500.~00 5~303 2002/03 PROP T~ ~ 5~9.53 TOTAL 76~059.53 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 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. 61 OF 2003 WAS ADOPTED AT ~ REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 21, 200:3: WI~EREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of the properties ofF. James Posillico and Anthony Posillico (a.k.a. Westbury Properties) on the 21~t day of January 2003, pursuant to the provisions of 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 WgIEREAS, said properties are identified as SCTM # 1000-53-1-7 and 53-3-15.1. SCTM# 1000-53~1-7 is approximately 1.8 acres in area (subject to survey) and is located approximately 656' northeast of Pipes Neck Road on the north side of the LIRR, in Greenport. SCTM# 1000-53-3-15.1 is approximately 4 acres in area (subject to survey) and is a beach parcel located at the end of Pipes Neck Road, in Greenport; and WllEREAS, the Posillico properties are within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove focus area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. The Pipes Cove area is port of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary. Tax parcel Number 1000- 53-3-15.1 contains wetlands and a beach area. The acquisition will allow for beach access to Pipes Cove; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the properties; and WI4EREAS, 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 for the two (2) properties (a total of approximately 5.8 acres) is $76,000 (seventy-six thousand dollars); be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the properties of F. James Posillico and Anthony Posillieo (a.k.a. Westbury Properties) identified as SCTM/11000-53-1-7 and 53-3-15.1~ which total annroximatel¥ 5.8 acres~ for the purchase price of $76~000 {seventy-six thousand dollarsh pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The Posillico properties are located within the Pipes Cove focus area of Southold Town. Properties within this area are included in a grant 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 from the grant. Elizabeth A. Neville Southold Town Clerk GREGORY F. YAKABOSKI TOWN ATTORNEY greg.yakaboski@ town.scut hold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY pat ricia.finnegan~,town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@t own.southold.ny.us JOSHUA ¥. HORTON Super~isor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney July 29, 2003 Westbury Properties (Posillico) to Town of Southold Open Space - Pipes Neck Rd, Greenport SCTM #1000-53-1-7 (1.74 acres) SCTM #1000-53-3-15.1 (3.29 acres) Betty: Enclosed for safekeeping in your office, please find the following documents: · (2) Suffolk County Clerk Records Office Recording Page · (2) Suffolk County Recording & Endorsement Page · Original Bargain & Sale Deed dated May 13, 2003, between Anthony Posillico and the Town of Southold, recorded in the Suffolk County Clerk's office on 6/16/03, in Liber D00012256 at Page 150 · Original Executor's Deed dated May 13, 2003, between Antoinette Posillico as executrix of the Estate of F. James Posillico and the Town of Southold, recorded in the Suffolk County Clerk's office on 6/16/03, in Liber D00012256 at Page 149 · Original Title Insurance Policy issued by LandAmerica*Commonwealth (RH80030434) in the insured amount of $76,000.00 · Closing Statement Thank you. Greg /md encs. cc: Melissa Spiro, Land Preservation Coordinator w/encs. Assessors w/copy of recorded deed Town Board w/closing statement Land Preservation Committee w/closing statement SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD N~er of Pages: 6 TRANSFER TAX NUMBER: 02-43213 District: 1000 Deed Amount: Section: Block: 053.00 0;.00 EXAMINED AND CHARGED AS $38,000.00 Recorded: At: LIBER: PAGE: FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $18.00 NO Handling COE $5.00 NO NYS SURCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $50.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 02-43213 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 06/16/2003 09:32:33 AM D00012256 150 Lot: 007.000 Exempt $5.00 NO $15.00 NO $50.00 NO $0.00 NO $0.00 NO $0.00 NO $153.00 Numl~er of pages ~ TORRENS Seriul # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Nlortgage Tax Stamp Page / Filing Fee Handling TP-5X4 Notalion EA 52 17 (County) EA-5217 I State) R .P.T.S.A. Comm. of Ed. Affidavit Cern fled Copy Reg. Cop}' Othm 5. 00 Sub Total FEES 5. 00 Sub Total Grand Total RECORDED 2003 _fun 16 09:3£:%3 £dt,~ard P, ?c,mMne C L£Rt:: OF SUFFoLk L:IJU~!'[ V L L:'uuo ~ 225b P :50 bl~ UZ-452!5 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town ___ Dual County __ Held for Appointment Transfer Tax O Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page 41 of this instmment. 4 District Real /( Pr~perty Tax Scrvi Agency Velilicatio, Section Block Lot 03019289 looo 05300 OlOO 00'7000 1000 05300 0300 015001 ~pT ~R DTY A) ,,,21-~A¥.-o,.~ --.._~ 61 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Community Preservation Fund Consideration Amount $ ~ CPF Tax Due $ Improved Vacant Land TD 7 [ Title Compan.y Information Co. Name ]Title # Suffolk County Recording & Endorsement Page This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the Township of .~,'~'"~OCt?M O.~"- &U/'~'/---~ In the VILLAGE or HAIvlLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE please hc awar, ,,I the following: Ii' a portion of your monthly mortgage pay~nent included your property taxes, *you will now ueed Io contact your local Town Tax Receiver so that you may be billed directly for all fuiure i)~14x statements. Local property taxes are payable twice a year: on or he/bre January 10"' and on m' heli)re May ;;I Fa/lure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Tox~m Receiver of Taxes 200 East Sunrise Highway North Lindenhurst. N.Y. 11757 (631) 957 300,t Riverhead Tow,l Receiver of Ta\es 200 Howell AvellUe Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (631) 473-0236 Shelter Islancl Town Receiver ol Taxes Shelter Island Town Hall Shelter Island. NY. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (6311 324-2770 Smithtown Town Receiver of Taxc_~ 99 West Main Streei Smithiown, N.Y. 11787 16311 360 7610 Huntington To~l Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (6311 351-3217 Southainpton To~m~ Receiver ol Taxes 116 Hampton Road Southampton. N.Y. 11968 16311 283-6514 Islip Town Receiver of Taxes 40 Nassau AveBue Islip. N.Y. 11751 (631 ) 224-5580 Southold Towu Receiver of Taxe.~ 53095 Main Slreel Southold, N.Y. ll971 (631) 765 l~03 2/99 Sincerely. Edward P. Romaine Suffolk County Clerk v.. CB'-'2 ·. Re~. 8~99 PARCEL I: Dist: 1000 Sec: 053.00 Blk: 01.00 Lot: 007.000 PARC~ih II: DJst: 1000 Sec: 053.00 Blk: 03.00 Lot: 015.001 CONSULT YOUR LAWYER BEIIOI~ SIGNING THIS INSTRUMIINT--THIS INSTRUMEN? SHOU~LD BE USED BY LAWYERS ONLY. 'rHI~ INDF_.IFIXJR~, made the / 3 day of BET~ ANTHONY POSILLICO 31 Tennyson Avenue West.bury, New York 11590 ~-~ , in the year 2003 party of the first part, and party of the second part, ~1'NF.~I~I'~], that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, .~I.L that certain plot, piece or parcel of land, with the buildings and improvements the:~un erected, situate, lying and being in the SEE SCHEDULE "A" A~ACHED Grantor is sam~ person as grantee in deed dated 12/27/83 recorded on 2~/2/8,,4 in Liber 9506 page 20. ~ ~a~Ot ~!O~a~ ,~-i~a~(~/~3FdO-~ TOGETHER with all right, title and interest, if any, of the party of the first part in and to any strects and roads abutting the above described premises to the center lines thereof; TOGETHER wich the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien ~.w, covenants that the p~rty o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust {und 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 of the same for any other purposc. The xvord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WrrNE.~ WI.IEREOF~ the party of the first part has duly executed this deed the day and year first above written. IN pRESENCE OF: ANTHONY POSILLIy / ZL6~'om ~ ~oA ~N 'pIoq~nos 6LII xo~ 'O'd '~S~ 'I~SO~Qt%fA '~ ~D~c~no~ ~o NA%Oi ~o AINnO9 I00'SI0 00'£0 :~IS 00'£S0 :o~S 000I :$STG O00'LO0 O0'IO 00' £S0 NOUO~S O00I : C/IOHJ~qOS ~I0 NMOL ~ O£ ODITZISC~ XNOHJgLr~ luom~P~l~OU~D~ ~ul'qlrl l~np!Alpu! Jo a:)l.UO poe ~Jnlt~u~llS :'SS ( ~J~ono~) u~la.~o~ Jo 'uo!$$~$sod '~Oo)]aaal "~!qmnlo~) jo l~!~)s!(l 'ol'~lq . ~ ~uam~PaFaoml:m ~oP4~, I~nplAlpu! .,to aaulO pu~ a.m~eu~lS ( dO A~LN~IOD :'SS ( ( ~[ItOA, A~3N &O ~I,LV,LS F, ¢,1o.: RH80030434 SCHEDULE A - DESCRTPTTON AMENDED 04/23/03 TAX LOT 015.001 ALL that certain plot, piece or parcel of land, lying and being at "Pipe's Neck", Arshamamoque, Town of Southold, County of Suffolk, State of New York described as follows: 0EGZNNING at a point on the Southerly side of Pipes Neck Road distant Easterly 1086 feet more or less as measured along same from the intersection of the Southerly side of Pipes Neck Road with the Easterly side of land now or formerly of the Long Island Rail Road; RUNNING THENCE along the Southerly side of Pipes Neck Road South 44 degrees 09 minutes 20 seconds East 221.08 feet; RUNNING THENCE atong the Easterly side of Pipes Neck Road North 45 degrees 50 minutes 40 seconds East 49.50 feet to the Northerly side of Pipes Neck Road; RUNNING THENCE along the Northerly side of Pipes Neck Road North 44 degrees 09 minutes 20 seconds West 210.80 feet to Pipes Neck Creek; RUNNING THENCE along the average high water mark of Pipes Neck Creek and Pipes Cove the following (9) nine tie line courses and distances: 1) North 73 degrees 14 minutes 19 seconds East 87.5! feet; 2) South 86 degrees 32 minutes 48 seconds East 75.21 feet; 3) North 50 degrees 40 minutes 07 seconds East 54.73 feet; 4) North 12 degrees 52 minutes 17 seconds East ~.26.95 feet; 5) North 66 degrees 05 minutes 07 seconds East 59.00 feet; 6) South 34 degrees 45 minutes 09 seconds East 211.73 feet; 7) South 26 degrees 59 minutes 28 seconds West :[15.01 feet; 8) South 69 degrees 49 minutes 01 seconds West 64.11 feet; 9) South 11 degrees 06 minutes 05 seconds West 292.27 feet to land now or formerly of August Acres Homeowners Association; RUNNING THENCE ~long said lands North 78 degrees 53 minutes 55 seconds West :!.47.28 feet to Pipes Creek; RUNNING THENCE along Pipes Creek the following (~.2) twelve courses and distances: :[) North 32 degrees 02 minutes 48 seconds West 33.43 feet; 2) North 65 degrees 43 minutes 59 seconds West ~03.58 feet; 3) North 17 degrees 37 minutes 48 seconds East 127.12 feet; 4) North 39 degrees 39 minutes 22 seconds West 36.56 feet; .,Title Report No.: RH80030434 5) North 79 degrees 51 minutes 05 seconds West 53.29 feet; 6) South 23 degrees 45 minutes 06 seconds West 123.88 feet; 7) North 76 degrees 07 minutes 01 seconds West 67.31 feet; 8) North 25 degrees 21 minutes 36 seconds East 69.02 feet; 9) North 06 degrees 28 minutes 45 seconds East 75.01 feet; 10) North 06 degrees 01 minute 10 seconds West 47.68 feet; 11) South 76 degrees 38 minutes 03 seconds East 81.53 feet; 12) North 32 degrees 51 minutes 36 seconds East 34.54 feet to the Southerly side of Pipes Neck Road at the point or place of BEGINNING. TAX LOT 007.000 (REFERRED TO THEREIN AS PARCEL II): ALL that certain plot, piece or parcel of land, situate, lying and being at "Pipe's Neck", Arshamamoque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Long Island Railroad Co., where the same is intersected by the southwesterly side of land now or formerly of Herman Sill; RUNNING THENCE along the northwesterly side of the Long Island Railroad Co., south 54 degrees 56 minutes 10 seconds west, 491.21 feet to land now or formerly of Pekunka; RUNNING THENCE along said land north 19 degrees 20 minutes 00 east, 198.65 feet; and RUNNING THENCE north 12 degrees 23 minutes 50 seconds east, 306.61 feet to said land of Herman Sill; RUNNING THENCE along said land south 52 degrees 52 minutes 40 seconds east, 339.20 feet to the point or place of BEGINNING. ,,.Title Report RIDER to DEED dated t~l{~c,/ ~'-~'~ ,2003, between ANTHONY POSlLLICO, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST; AND ANTOINETTE POSlLLICO, AS EXECUTRIX OF THE ESTATE OF F. JAMES POSlLLICO, DECEASED, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST 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 limitations imposed upon the alienation of open space acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. JOSHUA Y. HORTON Southold Town Supervisor STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the i~- day of May, 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 ind~ividual acted, executed the instrument. Notary Public SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~e of Instrument: DEEDS/DDD Number of Pages: 6 TRANS~R TAX NUMBER: 02-43212 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 053.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $38,000.00 06/16/2003 09:32:33 AM D00012256 149 Lot: 007.000 Received the Following Fees For Page/Filing $18 COE $5 EA-CTY $5 TP-584 $5 RPT $50 Transfer tax $0 00 00 00 00 00 00 TRANSFER TAX NUMBER: 02-43212 THIS PAGE IS Above Instrument Exempt NO Handling NO NYS SURCHG NO EA-STATE NO Cert. Copies NO SCTM NO Comm. Pres Fees Paid A PART OF THE INSTRUMENT Exempt $5.00 NO $15.00 NO $50.00 NO $0.00 NO $0.00 NO $0.00 NO $153.00 Edward P.Romaine County Clerk, Suffolk County JUL 28 2003 TOWN A~--rORNEY S OFF~CE TOWr,~ Or Number of pages Serial # Certificate # Prior Cfi. # TORRENS Deed / Mortgage Instrument Page / Filing Fee Handling TP-584 5. 00 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (County} EA-5217 (State) R .P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 5 __ Sub Total 5. O0 Graud Total [5~ 4 I District Real /O- Property Tax Servic Agency Verificatio, ]Section ]Block [Lot 03019286 1000 05300 0100 007000 1000 05300 0300 015001 61 RECORD & RETURN TO: ~u~, iq/ Satisfactions/Discharges/Releases List Property Owners Mailing Address Title # RECOR[:,EC, 2003 .Jun 16 U9:7_2:33 Mt'l CLERK OF SUFFOLK COUNT'? L DO00122,56 [q~ ~32-4 z212 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX DualTown__ Dual County __ Held for Appointment Transfer Tax _ ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling onl.x. YES or NO If NO, see appropriate tax clause on rage # __ of this instrument. $ Consideration Amount $ Community Preservation Fund hnproved Vacaut Land TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached ~<-~ made by: (SPECIFY TYPE OF INSTRUMENT'I TO The premises herein is situated in SUFFOLK COUNTS: NEW YORK In the Township of -~"~ ~ .?'~. '~i.~ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IMPORTANT NOTICE If tile document you've jnst recorded is }'our SATISFACTION OF MORTGAGE, please. Iw aware ol the following: If a portion of your lnonthly mortgage payment included yottr property taxes. *'you 3villumk riced m contact yonr local Town Tax Receiver so that ,/ou mav be billed directly Ior all htiure prop~2l_~.x. statements. Local property taxes are payable twice a year: on or belbre Jantlarv lO". ond ~,1~ ,~i I~elort. kla~ ~! Failure to make payments in a timely fashion could resull in a penali5 Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst. N.Y. 11757 (631 ) 957-3004 Riverhead Town Reccivcl- (il 'l'axc-. 200 Howell AvetlLlt: Riverheacl, N.Y. I 1901 (631} 727-3200 Brookhaven Town Receiver of'Faxes 250 East Main Street Port Jefferson, N.Y. 11777 (631) 473-0236 Shelter [slaild Tov~ql Recclver Shelter Island Town Hall Shelter [slancl. N.Y 11964 (631) 749 3338 East Hamptou Toxml Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 [6311 324-2770 Smithtown Town Receiver 99 West Mare Strect Sinilhtown, N.Y 1178;7 163l~360 7610 Hnntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 16311 351-3217 Southampton Town Receiver ol Taxes 116 Hampton Road Southampton. N.Y. [1968 (6311 283-6514 Islip Tox~m Receiver of Taxes 40 Nassau Avenue lslip, N.Y. 11751 16311 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southolcl. N.Y. 11971 {63 l) 765- 1803 dxv 2/99 Sincerciy. Edward P. [{Olllain¢' Sufiblk County ('lerl~ Rev. s/99 PARCEL I Dist: 1000 Sec: 053.00 Blk: 01,00 Lot:007.000 PARCEL II Dist: 1000 Sec: 053.00 Blk: 03.00 Lot: 015.001 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMEf~T SflOIJLD BE USED BY LAWYERS ONLY. TH~ INDF_.NTURE, madethe /3 day of ~ ,intheyear 2003 BETWF_W--N ANTIONETTE POSILLICO 31 Tennyson Avenue, Westbnry, New York 11590 as executc~ix of F. JAMES POSILLICO part)' of the first part, and the last will and testament of , late of , deceased, THE TOWN OF SOUTHOLD party o~ the second part, W~ETH, ~hat the party ot ~he ~rst part, by virtue of ~he power and authorily given in and by said last will and testamer. L and in consideration of SEVENTY SIX THOUS~D and 00/100 .................................. dollars, paid by the party oi ~he second part, does hereby gran~ and re'ease unto the party of the second part, the beirs or successors and assigns o[ the party of the second ~rt ~L that certain plot, piece or parcel of land, with tbe buildings and improvements thereon erected, situate, lying and being in the "SEE ATTACHED SCHEDULE A" Grantor is same as grantee in deed dated 12/27/83 recorded on 2/2/84 in l±ber 9506 page 20.3~u-~c~ ~,~-~,~/2.~6~g~.f.~z~z~Z~ ,A TOGETHER with all right, title and interest, if any, of the party of the first part in and to .any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances. and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose o[, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything ~vhereby 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 right to receive such consid- eration as a trust fund to be applied first for the purpose if paying the cost of the improvement and will apply the same first to the payment of the cost of the improvevaent before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrl~Y...~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. AI~TIONETTE POSILLICO IZ6I; '°Na'z 6£II XOa 'O'd 000'~00 IO0'glO :~o% O0'IO 00'£0 :~I~ 00'£~0 :oas 00'[~0 000I :~sIff 000[ II q~D~Vd I luaml~pal.aOU~D~ §Upl~l [~np!A!pu! Jo a:~UJO pu~ oo!IIISO~ sameF 'A to o~e:ls~ aq~ ~o x!aanoax~ se 'OOlqqlSOd ~I£~NOIINV ~liJ~ ~,JOIHJ~X~ aq! ol paqp:>sqns fa.m) si (s),~tueu asoq.,v, [s)[enp[.qpu[ aql aq ol agtlOp!Aa .'[iOI31~jS[IlLq JO S[seq Oql uo alu al pa.,ioid ~o om ol u',xou~ {lleUosJod luamllpal~ou'q;>e 3u.r4'el Ienp. A.pU! J.o a,~ujO pu~ aJnleuB!$ p.~leadd~ AiI~UOsJ*d 'pou~,!sJopun ( JO AIN~IOD :'SS ( ( MHOA .~3N AO 3~¥J.$ ,~ oql poma*x,) 'pal3e (sqenp!'qpm ,~ql q~[q'~x JO JFqoq L~Odr, uostad {q lgql pup '(sot).Kllaed~ J~ql, J~q s[q m ames Otli p~ln~axo ol p~qposqns {a~*l s} (sla~su asoq ~x ts)[unpEg!pm oql oq tq ~ap~ xa OglqqlSO~ ~&E~NOI~NV p~os~o~lslopun :~ AO F, ~1o,: RH80030434 SCHEDULE A - DESCRIPTION AMENDED 04/23/03 TAX LOT 015.001 ALL that certain plot, piece or parcel of land, lying and being at "Pipe's Neck", Arshamamoque, Town of Southold, County of Suffolk, State of New York described as follows: BEGINNING at a point on the Southerly side of Pipes Neck Road distant Easterly 1086 i~eet more or less as measured along same from the intersection of the 5outherly side of Pipes Neck Road with the Easterly side of land now or formerly of the Long Island Rail Road; RUNNING THENCE along the Southerly side of Pipes Neck Road South 44 degrees 09 minutes 20 seconds East 221.08 feet; RUNNING THENCE along the Easterly side of Pipes Neck Road North 45 degrees 50 minutes 40 seconds East 49.50 feet to the Northerly side of Pipes Neck Road; RUNNING THENCE along the Northerly side of Pipes Neck Road North 44 degrees 09 minutes 20 seconds West 210.80 feet to Pipes Neck Creek; RUNNING THENCE along the average high water mark of Pipes Neck Creek and Pipes Cove the following (9) nine tie line courses and distances: 1) North 73 degrees 14 minutes 19 seconds East 87.51 feet; 2) South 86 degrees 32 minutes 48 seconds East 75.21 feet; 3) North 50 degrees 40 minutes 07 seconds East 54.73 feet; 4) North 12 degrees 52 minutes 17 seconds East 126.95 feet; 5) North 66 degrees 05 minutes 07 seconds East 59.00 feet; 6) South 34 degrees 45 minutes 09 seconds East 211.73 feet; 7) South 26 degrees 59 minutes 28 seconds West 115.01 feet; 8) South 69 degrees 49 minutes 01 seconds West 64.11 feet; 9) South 11 degrees 06 minutes 05 seconds West 292.27 feet to land now or formerly of August Acres Homeowners Association; RUNNING THENCE along said lands North 78 degrees 53 minutes 55 seconds West 147.28 feet to Pipes Creek; RUNNING THENCE along Pipes Creek the following (12) twelve courses and distances: 1) North 32 degrees 02 minutes 48 seconds West 33.43 feet; 2) North 65 degrees 43 minutes 59 seconds West 103.58 feet; 3) North 17 degrees 37 minutes 48 seconds East 127.12 feet; 4) North 39 degrees 39 minutes 22 seconds West 36.56 feet; ...Title Report F~,~ No.: RH80030434 5) North 79 degrees 51 minutes 05 seconds West $3.29 feet; 6) South 23 degrees 45 minutes 06 seconds West 123.88 feet; 7) North 76 degrees 07 minutes 01 seconds West 67.31 feet; 8) North 25 degrees 21 minutes 36 seconds East 69.02 feet; 9) North 06 degrees 28 minutes 45 seconds East 75.01 feet; 10) North 06 degrees 0~. minute 10 seconds West 47.68 feet; 11) South 76 degrees 38 minutes 03 seconds East 81.53 feet; ~.2) North 32 degrees 51 minutes 36 seconds East 34.54 feet to the Southerly side of Pipes Neck Road at the point or place of BEGINNING. TAX LOT 007.000 (REFERRED TO THEREIN AS PARCEL II~: ALL that certain plot, piece or parcel of land, situate, lying and being at "Pipe's Neck", Arshamamoque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Long Island Railroad Co., where the same is intersected by the southwesterly side of land now or formerly of Herman Sill; RUNNING THENCE along the northwesterly side of the Long Island Railroad Co., south 54 degrees 56 minutes 10 seconds west, 491.2! feet to land now or formerly of Pekunka; RUNNING THENCE along said land north 19 degrees 20 minutes 00 east, 198.65 feet; and RUNNING THENCE north 12 degrees 23 minutes 50 seconds east, 306.6:~ feet to said land of Herman Sill; RUNNING THENCE along said land south 52 degrees 52 minutes 40 seconds east, 339.20 feet to the point or place of BEGINNING. · ..Title Report RIDER to DEED '~..~ / ~ dated ,2003, between ANTHONY POSILLICO, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST; AND ANTOINETTE POSILLICO, AS EXECUTRIX OF THE ESTATE OF F. JAMES POSlLLICO, DECEASED, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST 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 limitations imposed upon the alienation of open space acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the I~ day of May, 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 inl2vidual actet,d, executed the instrument. MEI./elIE DOROS~I No. 01004634870 Notary Public ~J - ' Ou~t~edinS¢iCkCount~ ~ COMr. tO~CrH L~O T~TL£ IHSHR~SCE COMP~n~ OWNER'S POLICY OF TITLE INSHRANCE SUBJECT fO 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: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the Iitle; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as in,ured, 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 valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (al Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (il the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. lb) Any governmental police posset not excluded by la} above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (al created, suffered, assumed or agreed to by the insured claimant; lb) not kno'~n 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; lc) resulting in no loss or damage to the insured claimant; {d) attaching or created subsequent to Date of Policy; or (el resulting in loss or damage which would not ha~e been sustained if the insured claimant had paid value for the estate or interest insured by this po[icy. 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: (al the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from lhe failure: fi) to timel~ record the instrument of transfer; or {iii of ,uch recordation to impart no{ice to a purchaser for xalue or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A ORIGINAL Valid only if Schedules A and B and Cover are attached File No.: RH80030434 SCHEDULE A Commonwealth Amount of l~nsurance: $76,000.00 Date of Policy: MAY 13t 2003 3= = Policy No.: RH80030434 Name of [nsured: THE 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: THE TOWN OF SOUTHOLD By deed made by ANTHONY POSILLICO, as to an undivided 1/2 interest and ANTO[NE'I It POSILLICO, As Executrix of the Estate of F. 3ames Posillico, deceased as to an undivided 1/2 interest to the TNSURED dated I~IAY 13, 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: Fee Policy Inse~t AMENDED 04/23/03 TAX LOT 015.001 File No.: RH80030434 SCHEDULE A - DESCRi'PTTON ALL that certain plot, piece or parcel of land, lying and being at "Pipe's Neck", Arshamamoque, Town of Southold, County of Suffotk, State of New York described as follows: BEGINNING at a point on the Southerly side of Pipes Neck Road distant Easterly 1086 feet more or less as measured along same from the intersection of the Southerly side of Pipes Neck Road with the Easterly side of land now or formerly of the Long Island Rail Road; R, UNNING THENCE along the Southerly side of Pipes Neck Road South 44 degrees 09 minutes 20 seconds East 221.08 feet; RUNNING THENCE along the Easterly side of Pipes Neck Road North 45 degrees 50 minutes 40 seconds East 49.50 feet to the Northerly side of Pipes Neck Road; RUNNING THENCE along the Northerly side of Pipes Neck Road North 44 degrees 09 minutes 20 seconds West 210.80 feet to Pipes Neck Creek; RUNNING THENCE along the average high water mark of Pipes Neck Creek and Pipes Cove the following (9) nine tie line courses and distances: 1) North 73 degrees 14 minutes 19 seconds East 87.51 feet; 2) South 86 degrees 32 minutes 48 seconds East 75.21 feet; 3) North 50 degrees 40 minutes 07 seconds East 54.73 feet; 4) North 12 degrees 52 minutes 17 seconds East 126.95 feet; 5) North 66 degrees 05 minutes 07 seconds East 59.00 feet; 6) South 34 degrees 45 minutes 09 seconds East 211.73 feet; 7) South 26 degrees 59 minutes 28 seconds West 115.01 feet; 8) South 69 degrees 49 minutes 01 seconds West 64.11 feet; 9) South 11 degrees 06 minutes 05 seconds West 292.27 feet to land now or formerly of August Acres Homeowners Association; RUNNING THENCE along said lands North 78 degrees 53 minutes 55 seconds West 147.28 feet to Pipes Creek; RUNNING THENCE along Pipes Creek the following (12) twelve courses and distances: 1) North 32 degrees 02 minutes 48 seconds West 33.43 feet; 2) North 65 degrees 43 minutes 59 seconds West 103.58 feet; 3) North 17 degrees 37 minutes 48 seconds East 127.12 feet; 4) North 39 degrees 39 minutes 22 seconds West 36.56 feet; S) North 79 degrees 51 minutes 05 seconds West 53.29 feet; 6) South 23 degrees 45 minutes 06 seconds West 123.88 feet; Fee Poticy Insert Policy/File No: 80030434 7) North 76 degrees 07 minutes 01 seconds West 67.31 feet; 8) North 25 degrees 21 minutes 36 seconds East 69.02 feet; 9) North 06 degrees 28 minutes 45 seconds East 75.01 feet; :LO) North 06 degrees 0:L minute :LO seconds West 47.68 feet; :L:L) South 76 degrees 38 minutes 03 seconds East 81.53 feet; :L2) North 32 degrees 51 minutes 36 seconds East 34.54 feet to the Southerly side of Pipes Neck Road at the point or place of BEGINNING. TAX LOT 007.000 (REFERRED TO THEREIN AS PARCEL II): ALL that certain plot, piece or parcel of land, situate, lying and being at "Pipe's Neck", Arshamamoque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Long Island Railroad Co., where the same is intersected by the southwesterly side of land now or formerly of Herman Sill; RUNNING THENCE along the northwesterly side of the Long Island Railroad Co., south 54 degrees 56 minutes 10 seconds west, 49:L.21 feet to land now or formerly of Pekunka; RUNNING THENCE along said land north :L9 degrees 20 minutes 00 east, 198.65 feet; and RUNNING THENCE north 12 degrees 23 minutes 50 seconds east, 306.61 feet to said land of Herman Sill; RUNNING THENCE along said land south 52 degrees 52 minutes 40 seconds east, 339.20 feet to the point or place of BEGINNING. ALTA Owner's Policy Date Printed Hay 8, 2003 Schedule A - Description SCHEDULE B Exceptions from Coverage File No.: RH80030434 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. Rights of tenants or persons in possession. As to Parcel I-Survey made by .lohn C. Ehlers, Land Surveyor last dated 03/24/03 shows vacant land; a) concrete bridge abutment and wood bridge in Northwesterly area. No other variations. As to Parcel Il-Survey made by 3ohn C. Ehlers, Land Surveyor last dated 04/04/03 shows vacant land (wooded lowlands). No variations. 4. Unpaid water charges to date, if any. 5. No title is insured to any lands now or formerly below the high watr line of Pipes Creek/Pipes Cove. 6. Rights of the public to navigate the waters of Pipes Creek/Pipes Cove. 7. Riparian rights of the insured over Pipes Creek/Pipes Cove are not insured. Rights of the GOvernmental Authorities to improve navigation and change bulkhead lines without compensation to upland owners. Right of Way recited in Deed recorded in Liber 6204 Page 330. Repeated in Deed recorded in Liber 9506 page 20. 10. Beach Rights of others, as recited in Deeds recorded in Liber 1220 page 19, Liber 6204 page 330 & Liber 9506 page 20, but policy does not insure any Beach Rights in favor ot the owner of the premises herein. 11. Beach Rights of others, as recited in Deeds recorded in Liber 2964 page 87, Liber 4787 page 96, Liber 6145 page 588 &Liber 6148 page 193, but policy does not insure any Beach Rights in favor of the owner of the premises herein. Easement over Pipes Neck Road recorded in Southold Town Highway recorded in Book 1 Page 287. 13. 2002/2003 Town & School taxes, 2nd 1/2. Fee Policy Inse~ File No.: RH80030434 LandAmerica Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POLt'CY) ATTACHED TO AND MADE A PART OF POLZCY NO. RH80030434 ZSSUED BY COMMONWEALTH LAND TTTLE ZNSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 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: MAY 13, 2003 Issued at: Commonwealth Land Title Znsurance Company 185 Old Country Road, PO Box 419 Suite 2 Riverhead, NY 11901 By Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) FIFTY AND 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MA~N ROAD SOUTHOLD, NEW YORK 11971 O959 DATE s/13/o3 ~sTsuR¥ CLOS~NO .O. 072'691 THE C/O LANDAME R t CA * C OMMOIFW EALTt{ 185 OLD COUiqTRY ROAD RiVERHEAD NY 11901 VENDOR 001078 SHERRY ABT 05/13/2003 CHECK 71691 H3 .8660.2.600.100 051303 DESCRIPTION AMOUNT WESTBURY/TITLE CLOSER 50.00 TOTAL 50.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 GL108S 20 TOWN OF SOUTHOLD ** Actual vendor.. 005322 EHLERS/JOHN C. JE Date Trx.Date Fund Account ......................... Use Acti 4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by vendor Name ............. Detail--GL100N ............. W-04082003-037 Line: 57 Formula: 0 ACCOUnt.. H3 .600 AcCt Desc ACCOUNTS PAYABLE Trx Oate ..... 4/08/2003 SOT 4/07/03 Trx Amount... 2,100.00 Description.. SURVEY-lO00-53-3-15.1 Vendor Code.. 005322 vendor Name.. EHLERS/3OHN C. Alt Vnd.. CHECK ........ 71192 SCNB Invoice Code. 21565 VOUCHER ...... P.O. Code .... 10638 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Oate Released 4/08/2003 oate cleared. 4/30/2003 F3=Exit F12=cancel F21=Image '. Actual Yendor. 005322 _HLI_R , JO~,, - Y 3E Date Trx.Date Fu~ld ACCOUnt ........................ IJ se Acti Y 4/08/2003 4/08/2003 H}} . 600 4/08/2003 4/08/2003 H3 .600 select Record(s) or Use Action Code w-04082003-(t. ACcount.. -_, ~)~ AcCt Desc ~(:(,:i N'~S - ,~,B, E Trx Date.. Trx Amount .'!)1 . Descriptio,q.. :URV[;r vendor Code. 00S32 vendor Name. . Alt Vnd.. CHECK ...... -£19. Cl,~i Invoice Code. VOUCHER ..... P.O. Code... P~oj ect Code Fi na] Payment i L' qlJ ' (' 1099 F1 ag... Fi xed Asse~.. Date Released 4/08/2003 Date Cleared. 4/30,/200~ F3=Exi t F12=Cance ] c? _L=Image GL108S 20 TOWN OF SOUTHOLD ** Actual vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx.Date Fund Account ......................... Use Acti .. 2/25/2003 2/25/2003 B .600 2/25/2003 2/25/2003 H15.600 2/25/2003 2/25/2003 H3 .600 2/25/2003 2/25/2003 A .600 3/11/2003 3/11/2003 H .600 3/11/2003 3/11/2003 B .600 3/11/2003 3/11/2003 B .600 4/08/2003 4/08/2003 A .600 .. 4/22/2003 4/22/2003 B .600 ,. 4/22/2003 4/22/2003 B .600 ,, 4/22/2003 4/22/2003 H3 .600 ., 4/22/2003 4/22/2003 B .600 ,, 5/20/2003 5/20/2003 H3 .600 5/20/2003 5/20/2003 H3 .600 Select Record(s) or Use Action 5/20/2003 5/20/2003 H3 .600 ......................... Use Acti code Disburs Inquiry by vendor Name ............. Detail--GL100N .............. W-05202003-473 Line: 256 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... Trx Amount... Description.. Vendor Code.. vendor Name.. Alt Vnd.. CHECK ........ 71797 SCNB Invoice code. 1692 VOUCHER ...... P.O. code .... 10269 Project code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Oate Released 5/20/2003 oate Cleared. 5/31/2003 F3=Exit F12=Cancel F21=Image 5/20/2003 SOT 5/19/03 1,500.00 PHASE I ESA-WESTBURY PRP 014161 NELSON, POPE & VOORHIS, ONE HUNDRED THIRTY A/qE O71692 PAYTO LANDAi~ER I CA * COM[q. _' rilE 185 OLD COUNTRY ~ oauEn OF PO BOX 419 RIVERHEAD NY lilt,', "'0 ? ~.C,q ~,' ,' h;ALT i { VENDOR 003350 LANDAMERICA p. ~'~.~..._.~ TT4/©T,' 'E ..... ~ ~ " ' ',' _ ..... AMOUIJT H3 .8660.,~-.600.100 FH81050 ti4 WESTBURz ~ '('Ui . [JD [! '~.: n.~ TOWN OF SOUTHOLD ADDL 5/6/03 SOUTHOLD, NEW YORK 11971-0959 DATE .CHECK NO. AUDIT 07:1,689_ EIGHT HLTNDR~D EIGHTEEN AND 00/100 DOLLARS P^¥TO LANDAMERICA*cOMMONWEALTH THE 185 OLD COUNTRY ROAD oF ~0 9Q~ ~9 ~IVERHEAD NY 11901 "O?~'F-"qqll' I:OSI, I, DSI~f~,I: ~,:~ 000001~ Oil' VENDOR 003350 LANDAMERICA* COMMONWEALTH o5/o6/2oo3 CHECK 71689 '~'TT~T~ ~ ACCOITT,,IT P.O.¢ H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 INVOICE RH80030434 RH80030434 RH80030434 RH80030434 DESCRIPTION AMOUNT WESTBURY/TOS-FEE POLI 643.00 WESTBURY/TOS-STREET RP 25.00 WESTBURY/TOS-BANKRUPTC 20.00 WESTBURY/TOS-RECORD D 130.00 TOTAL 818.00 TOWN OF SOUTHOLD ° SOUTHOLD, NY 1197143959 SEVENTY SIX THOUSAND F 071690 $76,059.5· PAY TO THE ORDER OF WESTBURY PROPERT 31 TENNYSON AVEiN WESTBURY NY 11= ,_ "'0 ? ~gq0"' o 5oo'6. o,,. VENDOR 023277 WESTBURY M H3 .8660.2.600.100 H3 .8660.2.600.100 ERTl _ 'riEl; K -' 169 TNV©ICE .... DESCRIPTION AMOUNT 051302 5130 ~ WESTBUPY/TOS z,, ,' 76,0U0. 0 'iF,:: '0! PFtOL i'AX PEIM8 ',9 :3 TCITAL 76 , 059 , ':i 3 'OWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 Survey Payable to John C. Ehlers Land Surveyors Check #71'192 3,300.00 Title Closer Fee Payable to Sherry Abt Check #071691 50.00 Those present at Closin.q: Gregory F. Yakaboski, Esq. Jeffrey Stern, Esq. Sherry Abt, Esq. Attorney for Town of Southold Attorney for Seller Title Closer CLOSING STATEMENT WESTBURY PROPERTIES (Posillico) to TOWN OF SOUTHOLD Open Space Acquisition SCTM #1000-53-1-7 (1.74 acres) 579 Pipes Neck Road, Greenport SCTM #1000-53-3-15.1 (3.29 acres) 1945 Pipes Neck Road, Greenport Closing took place on Tuesday, May 13, 2003, 10:30 a.m. Jeffrey Stern, Esq. - Law Office 128 Front Street, Mineola, New York Purchase Price: Payable to Westbury Properties Check #071690 $ 76,000.00 Expenses of Closing: Property Tax Reimbursement (19 days) Payable to Westbury Properties Included in Check #071690 $ 59.53 Title Report & Closing Fees Payable to LandAmerica*Commonwealth Check #071689 ($818.00) Fee Policy $ 643.00 Recording Fee $ 130.00 Street Report $ 25.00 Bankruptcy $ 20.00 Payable to LandAmerica*Commonwealth Check #071692 ($130.00) Addl Recording Fee $ 130.00 $ 948.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check # $ 1,500.00 HEAR1NG ON SOUTHOLD TOWN BOARD PUBLIC HEARING January 21, 2003 8:00 P.M. THE PURCHASE OF THE PROPERTY OF JAMES AND ANTHONY POSILLICO, SCTM #1000-53-1-7 AND 1000-53-3-15.1. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth a Neville Town Attorney Gregory A. Yakaboski Absent: Councilman Craig A. Richter 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 Tuesday, January 2L 2003 at 8:00 p.m, Southold Town Hall~ 53095 Main Road~ Southol& New York as the time and place for a public hearing for the purchase of the properties of F. James Posillico and Anthony Posillico (a.k.a. Westbury Properties). Said properties are identified as SCTM # 1000-53-1-7 and 53-3-15.1. SCTM# 1000-53-1- 7 is approximately 1.8 acres in area (subject to survey) and is located approximately 656' northeast of Pipes Neck Road on the north side &the LIRR, in Greenport. SCTM# 1000-53-3-15.1 is approximately 4 acres in area (subject to survey) and is a beach parcel located at the end of Pipes Neck Road, in Greenport, NOTICE IS FURTHER GIVEN that purchase price for the properties is $76,000 (seventy-six thousand dollars). The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, be it further NOTICE IS FURTHER GIVEN that the Posillico properties are within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. The Pipes Cove area is part of a long term project to acquire critical lands within the Peconic Estuary xvatershed to preserve the ecological viability of the estuary'. Tax parcel Number 1000-53-3-15. l contains wetlands and a beach area. The acquisition xvill allow for beach access to Pipes Cove, and be it further NOTICE IS FURTHER GIVEN that 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, Nexv York, and may be examined by any interested person during business hours. January 21, 2003 2 Public Headng-Posillico property COUNCILMAN WICKHAM: I have notification here that this has been duly published on the Town Clerk's bulletin board here in Town Hall, plus there is a legal notice that appeared in the local newspaper. I don't believe I have any additional comments here but let me take a look. I don't believe that we have any other notices from the public or communications on this. SUPERVISOR HORTON: The information regarding this public hearing has been read. At this point it will offer the floor to members of the community that would like to address the Toxvn Board on this public hearing. CARRIE CULLEN, NATURE CONSERVANCY: Good evening, my name is Carrie Cullen of the Nature Conservancy. Before I start, I have a parcel map and a smaller version of the aerial for you all. As I said, my name is Carrie Cullen of the Nature Conservancy and I have been ~vorking on the Town's behalf to solicit willing sellers for preservation in the Pipes Cove area. And tonight I would like to present to you the parcels owned by James and Anthony Posillico, that is also Westbury Properties. These two parcels are targeted within the Pipes Cove watershed focus area and an offer of $76,000 has been accepted by the Posillico's for the two parcels, totaling about 5.8 acres. The SCTM #1000-53-1-7 is approximately 1.8 acres in area and located about 636 feet northeast of Pipes Neck Road on the north side of the railroad in Greenport. The other parcel #1000-53-3-15.1 is about 4 acres in area. It has a beautiful beach parcel located at the end of Pipes Neck Road in Greenport. The preservation of these parcels are critical as they provide crucial wildlife habitat. Also of key importance is the protection of water quality within the Pipes Cove area and the larger Peconic Estuary. Both parcels were identified as high priority parcels for protection by the Peconic Estuary Program Comprehensive Conservation and Management Plan, Critical Lands Protection Plan. As I mentioned before, these parcels are important to protect on their own as ~vell as being part of the larger 140-acre area, focus area of Pipes Cove. The tidal wetlands of Pipes Cove constitute the largest relatively undisturbed salt marsh habitat within the Town of Southold. The Pipes Cove area is part ora long term project to acquire critical lands in the Peconic Estuary. The Posillico's have accepted the offer of $76,000 as was authorized and supported by the Land Preservation Conunittee and the Nature Conservancy is continuing to work with the Town to protect this area and this is a great addition and it is important to be able to provide for a contiguous protected lands in the Pipes Cove area. It is critical to the preservation of the water quality of the Peconic Estuary and the habitat in Pipes Cove. So thank- you for your support of the acquisition of the Posillico's parcels and for the larger effort. Are there any questions? Thank you. RAY HUNTINGTON, SOUTHOLD LAND PRESERVATION COMMITTEE: Ray Huntington of the Southold Land Preservation Committee. Your committee. I did want to thank the Nature Conservancy, Carrie, who is here representing the Nature Conservancy for her help in this effort. This is, the amount of preservation that we have been talking about doing in Southold really requires all the resources that we can muster. So we really welcome the assistance of the Nature Conservancy. We also want to thank the Posillieo family for their cooperation in this preservation effort. That is really what it takes to get the job done, is the cooperation of the townspeople supplying the money and the landowners supplying the land and it gets the job done. You might recall about three weeks ago their was a picture in the Suffolk Times, that picture was taken right here in Pipes Neck Creek here, just to give you that visual representation there. As Carrie said, this is one of the largest areas that is not yet developed in terms of the creek. So we heartily support this acquisition. January 2 l, 2003 3 Public Hearing-Posillico property SUPERVISOR HORTON: Thank-you, Ray. Would anyone else care to address the Town Board on this public hearing.'? (No response). We will close the heating. Elizabeth A. Ne!vil e~ Southold Town Clerk N Posillico Parcels within Pipes Cove, Southold, New York Suffolk County Planning Dept., Real Property Tax Agency, 0 400 800 1,600 Feat Southold Town, New Yon~ State Office for Technology I I I I I lown. The Town has id~ifi~d tl~ Pipes Cove ar~a u a ~ ~ ~r STATE OF NEW YORK) )SS: ~,,~,~,SU F.F(~LK) ~-.~'z~'~',~-- of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks succes- sively, commencing on the J~ .day of Principal Clerk Sworn to before me this ,/~p 20 ~ day of :~ ~' LAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in Su[folk County ,~"' My Commission Expires Dec. 24, 20.- 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~ January 21~ 2003 at 8:00 p.m. Southold To~vn Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the properties of F. James Posillico and Anthony Posillico (a.k.a. Westburv Properties). Said properties are identified as SCTM #1000- 53-1-7 and 53-3-15.1. SCTM# 1000-53-1-7 is approximately 1.8 acres in area (subject to survey) and is located approximately 656' northeast of Pipes Neck Road on the north side of the LIRR, in Greenport. SCTM# 1000-53-3-15.l is approximately 4 acres in area (subject to survey) and is a beach parcel located at the end of Pipes Neck Road, in Greenport, NOTICE IS FURTHER GIVEN that purchase price for the properties is $76,000 (seventy-six thousand dollars). The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, be it further NOTICE IS FURTHER GIVEN that the Posillico properties are xvithin the Pipes Cove focus area of Sonthold Town. The Toxvn has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. 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. Tax parcel Number 1000-53-3-15.1 contains wetlands and a beach area. The acquisition will allow for beach access to Pipes Cove, and be it further NOTICE IS FURTHER GIVEN that 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. Dated: January 8, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 16~ 2003~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971, AND FORWARD TWO (2) AFFDAVITS OF PUBLICATION FOR EACH PRINTING. Copies to the following: The Suffolk Times Town Planner, V. Scopaz Town Clerk's Bulletin Board Town Board Members Town Attorney Land Preservation Department M. Spiro STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of[he Town of Southold, New' York being duly sworn, says that on the } (~ day of l.~4a.t.~.., 2003, she affixed a notice of which the annexed printed notice is a tree copy, in a protl6~r and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: January 21, 2003 F-~lizabeth A. Neville Southold Toxvn Clerk Sworn before me this It{ day o f i~ ?~-~,-~1-,~.~ ,2003. IJ~,01 '03 TUE ]0:37 FAX 516 765 0145 $OUTHOLD CLERK [~o01 *** TX REPORT *** TRANSbll SS iON 0K TX. RX N0 CONNECTION TEL CONNECTION 1D ST. TIME USAGE T PGS. SENT RESULT 4109 2983287 Suffolk Times 14/01 10:36 00'55 2 OK ELIZABETH A. NEVILLE TOWN CLEHK REGISTRAR OF VITAL STATISTICS MA-R~IAGE OFFICER RECORDS IV~kNAGEMENT OFFICER FREEDOM OF [NFORi~L~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (ssi) 765-6145 Telephone (631) 765-1800 ~outh oldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: DA. TE: RE: FAX TRANSMITTA.L ATT: JOAN ANN SUFFOLK TIMES LYNDA M, BOITN 1/14/2003 LEGAL NOTICES FOR PUBLICATION IN 2003 Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. PLEASE ACKNOWLEDGE RECEIPT OF THIS LEGAL NOTICE WITHIN ONE (~/HOUR BY SIGNING BELOW AND RETURNING BY FAX TO 765-6145, ATTENTION: BETTY NEVILLE. TI4_ANK YOU. Received By Dam ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS i~L-kR RL~kG E OFFICER RECORDS NL~ANAGEMENT OFFICER FREEDOM OF INFOILMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: SUFFOLK TIMES LYNDA M. BOHN 1/14/2003 FAX TRANSMITTAL ATT: JOAN ANN LEGAL NOTICES FOR PUBLICATION IN 2003 Number of pages being faxed 2 including cover page If totai transmittal is not received, please call 631 765-1800. PLEASE ACKNOWLEDGE RECEIPT OF THIS LEGAL NOTICE WITHIN ONE (1) HOUR BY SIGNING BELOW AND RETURNING BY FAX TO 765-6 145, ATTENTION: BETTY NEVILLE. THANK YOU. Received By Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS i~LARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF [NFOPA~LkTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor t h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 12 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 7, 2003: 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 Tuesday~ January. 21~ 2003 at 8:00 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 properties of F. James Posillico and Anthony Posillico (a.k.a. Westbury Properties). Said properties are identified as SCTM #1000-53-1-7 and 53-3-15.1. SCTM# 1000-53-l-7 is approximately 1.8 acres in area (subject to survey) and is located approximately 656' northeast of Pipes Neck Road on the north side of the LIRR, in Greenport. SCTM# 1000-53-3-15.1 is approximately 4 acres in area (subject to survey) and is a beach parcel located at the end of Pipes Neck Road, in Greenport, be it further RESOLVED purchase price for the properties is $76,000 (seventy-six thousand dollars). The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, be it further RESOLVED that the Posillico properties are within the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. 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. Tax parcel Number 1000-53-3-15.1 contains wetlands and a beach area. The acquisition will allow for beach access to Pipes Cove, and be it further RESOLVED that 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 Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOtLKLkTION 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 sour holdtown.nor t hfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 11 OF 2003 WAS ADOPTED AT THE REGUL3di MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 7, 2003: WHEREAS, the Town Board of the Town of Southold wishes to purchase the properties owned by F. James Posillico and Anthony Posillico (a.k.a. Westbury Properties), identified as SCTM #1000-53-1-7 and 53-3-15.1 in Greenport, at the purchase price of $76,000 (seventy-six thousand dollars), pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold; and WHEREAS, SCTM# 1000-53-1-7 is approximately 1.8 acres in area (subject to survey) and is located approximately 656' northeast of Pipes Neck Road on the north side of the LIRR and SCIM# 1000-53-3-15.1 is approximately 4 acres in area (subject to survey) and is a beach parcel located at the end of Pipes Neck Road; and WItEREAS, the Posillico properties are xvithin the Pipes Cove focus area of Southold Town. The Town has identified the Pipes Cove area as a priority area for preservation, as this area is one of the few remaining tmdeveloped areas of critical wetlands in the Peconic Bay Estuary. 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