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HomeMy WebLinkAboutWaldron, Stephanie (Pipes Cove) - ----" ._-~--~"~-'"~---~~-~ .--~~~.~-.-~ . ...... -J¡».. 't c' ¡' _J.... 0-1 ..,¡ I \L~(:.J:I1..J!.". .':"I'::_&!I~.:\.,f..t....{,.'...,., M. \...U~--.,^,"\.......---¡ '."¡ . I -, " ".,p ....C) L.'A'~ Yrf'<: ....,_. \.. f .-'..,..; ',-,-. ~f;~ _.__,_........"' -f,'t ".' ... ~ , ELIZABETHA. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS M."RRL"GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Ger.e.vcJ IN Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 773 OF 2002 WAS ADOPTED .AT THE REGULAR lVIEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19, 2002: RESOLVED that pursuant to the provisions of Chapter 59 and/or Cliapter 6 (2% Community Preservation Fund) ofthe Town Code, the Town Board ofthe Town of Southold hereby sets Tuesdav, December 3, 2002, at 5:20 p.m., Southold Towu Hall, 53095 Main Road, Southold, New York as the time aud place for a public hearine for the purchase of the properÍ\' of Stephanie Waldron. Said property is identified as SCTM #1000-53-2-5. The property is located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport. The proposed acquisition is for approximately 2.3 acres (subject to survey). The purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. FURTHER NOTICE is hereby given that a more detailed description ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and maybe examined by any interested person during business hours. ~a?;1..,;l". Elizabeth A. Neville Southold Town Clerk -~,~--~~-- --~---..-.~, .... ,,r ¡-., '<-' o RESOLUTION NOVEl\ffiER 19,2002 v - 773 RESOLVED that pursuant to the provisions of Chapter 59 and/or Chapter 6 (2% Community Preservation Fund) ofthe Town Code, the Town Board of the Town of South old hereby sets Tuesdav, December 3. 2002, at 5:20 p.m., Southold Town Hall, 53095 Main Road, Southold. New York as the time and place for a public hearine for the purchase ofthe property of Stephanie Waldl'on. Said property is identified as SCTM #1000-53-2-5. The property is located on the west side of Pipes Neck Road, approximarely 672' south of Main Road, in Greenport. The proposed acquisition is for approximately 2.3 acres (subject to survey). The purchase price is $5,000 (fiœ thousand dollars) per acre, or approximately $11,500 (eleven thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the purcha~e is subject to a surœy acceptable to the Land Preservation Committee. FURTHER NOTICE is hereby gi\'en that a more detailed description of the abo\'e mentioned parcel of land is on file in Land Preservation Depal1rnent, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person dming business hours. ....... ELIZABETH A. NEVILLE Town Hail, 53095 Main P~oad TOWN CLERK P.O. Box 1179 [{EGISTRAR OF $~T~ STATISTICS Southold, New York 11971 ~GE O~FICER F~ (631) 765-6145 R~RDS ~.~GEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFO~TION OFFICER southoldto~.no~hfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS. TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 820 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO'WN BO.Zdll) ON DECEMBER 3, 2002: WHEREAS, the Totem Board of the To~m of Southold held a public hearh~g on the question of fee title acqrdsition of property of Stephanie Waldron on the 3rd day of December 2002, pttrsuunt to the provisions of Chapter 59 (Open Space Preservation) mxd Chapter 6 (Community Prese~ation Fund) of the Toxxm Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-53-2-5 and is located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport; and ~q-IEREAS, the proposed acquisition is for approximately 2.3 acres (subject to survey); and WItEREAS, the Waldron property is with'm the Pipes Cove area of SoRthold Tox~m. The Pipes Cove area comprises approximately 140 acres, and has been identified as a priority area for preservation_ The tidal wetlunds constitute the largest, relatively tmdisturbed salt marsh habitat within Southold Town. The Pipes Cove area is part ora long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and ~TIEREAS, the Town Board deems it in the best public interest that the Toxxm of Southold purchase the subject property for open space preservation purposes; and X¥ItEREAS, the purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the pttrchase is subject to a survey acceptable to the Land Preservation Committee; be it therefore RESOLVED that the Tox~a~ Board of the To;xm of Southold hereby elects to purchase the property' identified as SCTM# 1000-53-2-5, located on the west side of Pipes Neck Road, am~roximatelv 672' south of Main Road, in Greenlaort, comprising approximately 2.3 acres at the purchase price of $11,500 (eleven thousand five hundred dollars), pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Soxahol& Tke Waldron property is located within the Pipes Cove area of Southold Town. Properties within, this area are included in a pending grant proposal made to the National Coastal Wetlands Grant Program titled; Pecolfic Estuary Critical Lands Acqtfisition: Pipes Cove focus Area. Funding for some of the parcels within the focus area may come from the grant should it be awarded. Elizabeth A. Neville Southold Totem Clerk RESOLUTION DECEMBER 3, 2002 V - 820 WHEREAS, the Town Board of the Town of Southold held a pub]ic heating onthe question of fee title acquisition of property o.f'S~ephanie Waldron on the 3rd day of December 2002, 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 WI-IEREAS, said property is identified as SCTM #1000-53-2-5 and is located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport; and WHEREAS, the proposed acquisition is for approximately 2.3 acres (subject to smw'ey); and WI-IEREAS, the Waldron property is within the Pipes Cove area of Southold Town_ The Pipes Cove area comprises approximately 140 acres, and has been identified as a priority area for preservation. The tidal wetlands constitute the largest, relatively undisturbed salt marsh habitat within Southold Town. The Pipes Cove area is pall of a long term project to acquire critical lands within the Peconic Estuary watershed to preserve the ecological viability of the estuary; and WHEREAS, the Toxwl Board deems it in the best public interest tlmt the To~vn of Sotuhold purchase the subject property for open space preservatmn purposes; and WHEREAS, the purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven thousand five hundred dollars) for the 2_3 acre acquisition. The exact area of the purchase is subject to a surv'ey acceptable to the Land Preservation Committee; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to I~urchase the property identified as SCTM# 1000-53-2-5, located on the west side of Pipes Neck Road, al~l~roximatelv 672' south of Main Road, in Greenport, comprising approximately 2.3 acres at the purchase price of $11,500 (eleven thousand five hundred dollars), pursuant to the provisions of ChaPter 59 and/or Chapter 6 of the Code oft. he Town of Southold_ The Waldron property is located within the Pipes Cove area of Southold Town. Properties within this area are included in a pending grant proposal made to the National Coastal Wetlands Grant Program titled; Peconic · Estuary Critical Eands Acquisition: Pipes Cove focus Area_ Funding for someofthe parcels within the focus area may come from the grant should it be awarded. ELIZABETH A. NEVILLE Town tS~dl, 53095 M~n Road TOWN CLEtLK P.O. Box 1179 REGISTRAR OF VIT.kL STATISTICS Southold, New York 11971 3/L~RRLkGE OFFICER Fm~ (631 ) 765-6145 RECORDS I%LI/~AGEI~fEN'r OFFICER Telephone (631) 765-1800 FREEDOI~i OF INFORglATION OFFICER southoldtown.nortl~ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO%~ING RESOLUTION NO. 815 OF 2002 '*VAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 3, 2002: WHEREAS, the To~m Board of the Tmxm of SoRthold wishes to purchase the pmpei~ry identified as SCTMg 1000-53-2-5, located on the west side of Pipes Neck Road, approximately 672' soulh of Main Road, in Greenport, comprising approximately 2.3 acres at the purctmse price of $11,500 (eleven thousand five hundred dollars), pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of Southold; and WHEREAS, the Waldron property is within the Pipes Cove area of Southold Town. The Pipes Cove area comprises approximately 140 acres, and has been identified as a priority area for preservafioi~ The tidal wetlands constitute the largest, relatively undisturbed salt marsh habitat within Southold Town. The Pipes Cove area is part ora long term project to acquire critical lands within the Peconic Estuary watershed to preserxre the ecolo~cal viability of the estuary;, be it RESOLVED by the Tox~m Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it fitrther RESOLVED by the Town Board of the Tow~ of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Toxxm of Southold that the Short Environmental Form prepared for this project is accepted aRd attached hereto; be it further RESOL$~ED that the Town Board of the Totem of Southold hereby finds no significant iml~act · on.the environment and declares a negative declaration lmrsuant to SEORA Rules and Reeulations for this action. Elizabeth A. Nevffie Southold Tmvn Clerk RESOLUTION DECEMBER 3, 2002 V - 815 WHEREAS, the To~xm Board of the Town of Southold wishes to purchase the property identified as SCTM# 1000-53-2-5, located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport, comprising approximately 23 acres at the purchase price of $ l 1,500 (eleven thousand five hundred dollars), pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Totem of Sonthold; and WIt~REAS, the Waldron property is within the Pipes Cove area of Southold Towm. The Pipes Cove area comprises approxinxately 140 acres, and has been identified as a priority area for preservation. The tidal wetlands constitute the largest, relatively undisntrbed salt marsh habitat within Southold r['ow~ 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 esmar3g be it RESOLVED by the Tox'~m Board of the Tox~m of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 62'qYCRR 617.1 et. Seq.; be it further RESOLVED by the Tox~m Board of the Totem of Southold that the Town o f Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be k further RESOLVED by the Town Board of the Tox~m of Southold that the Short EmSronmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that [lie Toxxm Board of the Town of Southold hereby f'mds no siffnificant iml~act on the environment and declares a negative declaration lmrsuant to SEORA Rules and Reeulations for this action. STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMEN~I FORM for UNLISTEDACTIONS Only PART 1 - PROJECT INFORMA~ON To be completed by Applicant or Project Sponsor) I APPLIC~T/SPONSOR ~PROJECT NAME 3.PROJECT LOCATION: Munici~lity ~[~D¢~) ~~ Coun~ 4. PRECISE LOCATI~: Street Addess and Roa~ In[ersec~ons, Prominent landmass etc - or ~o~de map ?6 DESCRIBE PROJECT BRI~LY: 7. AMOUNT OF LAND AFFECTED: Init]ally ..~, '~ acres U[[imately ~l.,~ acres g. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residenfia] r~lndustrial r"~Cornmercia, []Agriculture ~--]Park/ForestlOpenSpace [~Other (describe) 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~]Yes ~ No Ir yes. Est agency name and permit / approval: Il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes r~--']No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ] CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE ff th* action is a Costal Area, and you are a atate agency, ¢ornplete the Coasta! As~eesrnent Form bo~oro proceeding with thi~ a,~oaarnont PART il - IMPACT ASSESSMENT {To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. I--1 Yes r~No B. WILL AC~ON RECEIVE COORDINATED REVIEW AS PROV1DED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negaEve d~ar~t[on may be superseded by another involved agency. r-]Yes ~]No .~C, ~)ULD. ACTION RESOL~ iN ANY'ADVERSE EFFECTS ,ASSOCIATED WITH THE FOLLOWING: (Answers n~{ay be handwrirLen, if legible) C~'. Existing air quaifiy, surface or groundwater quality o['. quantity, noise levels, existing traffic pattern, solid w'~ste production or disposal. ~ porch§al for erosion, drainage orfl~)oding probers? Explain briefly: ~ A~lJ~,e,' .'.tf~ ~giicultural, archaectogical, his~oric,~or otl~er natural or cultural resources; er community or nei~hbethoed character? Explain briefly: C$.~ V~getatidlt 0r fauna, fish. shellfish or wildl~e species, signiticant habitat~, or/hreatened or endangered species? Explain brfefly: CA_ ~-~o~r~[~ h~bj'~xis§ng plans or goals as offipia~ly adopted, or a change in use or intensity of use of land or othe[ natural resources'~ Explain briefly: C5. ,~.~o~,~.~, bsequen(developmen~t, or related a~i¥ities likely to b~ i~duced t~ the propos--;d action? EXpm~a!~ ,b~detiy: ' . C6 .~_~',~ shod term, cumulative, or other effects not identified in CI-C57 Explain bdetiy: C7. ~r'.!r~l~a;cts (including changesin use ofefiherquantityor typeof energy. Explain briery: , D. WILL~,E ~ECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL, ENVI~,,~NML~-TN'~-ALAREA(CEA)? (l[yes explain bdeily: ,' E. I~ THERE, OP,~$ THERE LIKELY TO BE~..C_~NTROV~_RSY RELATED TO POT~ENTIAL ADVERSE EN-V[RONMENTAL I_M~PACTS? PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each ad,/e~se effect identified above, determine whether [t is substantial, large, important or otherwise significant_ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occun~ng; (c) duration; (d) irrevarsifiiifiy; geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to shew that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA~ Check this boxif you have identified one or more potentially large or significant adverse impacts which MAy occur. Then proceed direcfly to the FULli F~ EAF and/or prepare a positive declaration. Check this box fiyou have determined, based en the ififom3ation and analysis above and any supporting documentation that the proposed actior WILl- NOT result in any signiticant adverse environmental impacts AND provide, on aEachments as necessary, the reasons supporting th~ detetrnination. Name of Lead Agency Date SOUTHOLD TOWN BOARD PUBLIC HEARING December 3, 2002 5:20 P.M. HEARING ON THE PURCHASE OF PROPERTY OF STEPI-[a2qIE WALDRON, SCTM#1000- 53-2-5. Present: Superxdsor Joshua Y. Horton Justice Louisa P. Evans Comtcihnan William D. Moore Councilman Craig A. Richter Cotmcihuan Thomas H. %Vickhanx Toxxm Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Councilman John M. Romanelli COUNCIL~ '4AN WlCKHAM: NOTICE IS I-IEREBY GIVEN that pm:suant to the provisions of Chapter 59 anti/or Chapter 6 (2% Conunurdty Preservation Fired) of the Toxxm Code, the Town Board I of the Toxxm of Southold hereby sets Tuesday, December 3, 2002, at 5:20 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a Imblic hearin¢ for the purchase of the property of Stel~hanie Waldron. Said property is identified as SCTM #1000-53-2-5. The property, is located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenpml. The proposed acquisition is for approximately 2.3 acres (subject to survey). The purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven thousand five h~mdred dollars) for the 2.3 acre acquisition. The exact area of tl~e purchase is subject to a survey acceptable to the Land Preservation Co~mnittee. FURTHER NOTICE is hereby Wen 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 bush~ess hours. We have a notice that it has appeared as a legal in a local newspaper and notification that it has appeared on the Toxxm Cler_.k's bulletin board. I don't believe that we have any other commtmJcations on this particular heating. SUPERVISOR HORTON: Would anyone care to address the Toxvn Board on this public hearing? C)d~iRIE CULLEN: Good evening, my name is Carrie Cullen and I work at the Nature Conservancy, the offices are located in East Hampton. We have been working on the Tobin's behalf to solicit Willian~ Sellers and negotiate preservation of properties in the Pipes Cove area. Tomght I would like to present to you the Waldron parcel, one of the parcels targeted within the Pipes Cove watershed- Stephanie Waldron has accepted an offer of $11,500 or $5,000 per acre for her 2.3 acre parcel. It is Pubhc Heating ,,,~ 2 Waldron Property located on the west side of Pipes Neck Road, approxhnately 672 feet south of Main Road in Greenport. The parcel is made up completely of:fresh water wetlands, the preservation of this piece is critical as it prm4des significant habitat and is important for the protection of water quality within Pipes Cove and the larger Peconic. estuary'. It was identified as a high ptiofity parcel for protection by the Peco~tic Esluary program~ comprehensive conservation and management plan, critical lands protection plato As I mentioned, this parcel is an important piece to protect on its o~m as .well as being part of the larger 140 acres that are targeted for protection in the Pipes Cove area. 'The tidal wetlands of Pipes Cove constitute the largest relatively undisturbed salt marsh habitat ~¼thin Southold To~xm. The Pipes Cove area is part of a tong-term project to acquire critical land within the Peconic Estuary watershed to preserve the ecolo~cal x4abi!ity of the estuary. Ms. Waldron has accepted the qffer of $11,500 as was attthofized and su.p~orted by the Land Preservation, Committee. The Nature Conservancy is continuing to work wkh the Laud'Preservario~ Committee, Mel[ssa and Scott H-agfies to protect the larger area and an area of ,:0nfigumu pm~ecte~d taxi¢ thi~ area w0U!~ be .c!5~15cal m ~ie~¢servafioa 0fthe water quality oft he Pe,7onic £smar3 and:the ~at in p~pes COw. ~ thSs ~a~i!;i~s tm impmant Piec~ to that puzzle. I wou}d like. to tbanlq~you for your support of-this acquisi~ign a~d for your support o£the larger goal of protecting the enti~g watershed of Pipes Cove and if there ~re any qnestions, I think Mehssa had a few words. Thanks. MELISSA SPIRO, LAND. PRESERVATION COORDINATOR: Again I am not going to reiterate xvhat Carrie had to say but the Land Preservation Committee has been worldng for quite a ~vhile now, actually more than a year, with the Nature Conservancy. We thank the Nature Conservancy for going out there and doing a lot of outreach, we do have a lot of x~511ing sellers in that area and we are tr34ng to work with them. We. have quite a few pending offers, we are waiting for some responses from those land owners and ~ve hope to achieve the preservation of 140 acres there, if not more_ I think there may actually be more than 140 acres in that area, so thank-you and good nighi. SUPERVISOR HORTON: Thank-you, Melissa. Would anyone else care to address the Town Board on this specific pubhc heating. (No response) We will close this public heating. Southold To~m Clerk ~I~BLIC IEARI~G ~ To~n ~o~o et Soothol~ E~rebs ~e~ STATE OF NEW yOR~ ~o~ ~- ~'o,~ ~ CO~ O~SUF~O~ for ~ pabli~ ~e~- ~ro~'~ao~c~[~p~?~ I' ~~~~ of Maffituck, in said ~p~['~[a'pro~;~, ~ county, being duly sworn, says that he/she is toc~['d:odrf~e a.e~ ~i~ ' ~dnoipal ,hrk of TH~ S~FFOCK TI~ES, R~a&~o~teiv newspaper, published at M~Rituck, in the Town of ~ * = ~ - r SouthoId, Coun~ of Suffolk and State of New York, ~o~=~,~ _.}~, ~u~- and that the Notice of which the annexed is a printed p~ ~ s~.,.-,,',, ~,~ copy, has been regularly published in ~id Newspaper dO~r~ p~ :~ C'J once each week for / w~ks succes- ),J,Jlal~'ca mob- sively, ~gncing on the ~ day ~,~ exact ~-=~ ot of ~V 20 ~ . ~a~d Pre~er~,auo~ ~Or~ to b*for~ m~ this so~bot& s~,, day of ~, 20 g~ '~~¢ CI~: LAURA E. BONDARCHUK ~ OF T~ Notary Public. State of New York No 01~06067958 Qualified in Suffolk County ~'rdx~ CLE~ My Commission Expires D~c. 24, LEG3~L NOTICE NOTICE OF PUBLIC HE.MIlNG NOTICE IS ItERE,B¥. GIVEN that pursuant to the provisions of Chapter 59 and/or Chapter 6 (2% Community Preservation Ftmd) of the To~m Code, the To~m Board of the Town of Southold hereby sets Tuesday, December 3, 2002, at 5:20 I~.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time andj~lace for a 0ublic hearin~ for the I~mcchase of the I~rol~ertv ofStel~hanie V v'aldron. Said propexxy is identified as SCTM #1000-53-2-5. The property ~s located on the wes~ side of Pipes Neck Road, approximately 672' south of Main Road iu Greer~port. Thapmposed acqtfisition is for ~rpproximately 2.3 acres (subject to survey). The purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven thousand five hundred dollars) for the 2.3 acre acqtdsition. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. FURTHER NOTICE is hereby Wen that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Atmex, Southold, New York, and may be examined by any interested person during business hours. Dated: NOVEMBER 19, 2002 BY ORDER OF THE SOUTHOLD TO~N BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVE~IBER 27, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOXVN CLERK, TOV~N I:LA~LL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Toxxm Attorney John Cushman, Accounting [and Preservation Committee Department of Land Preservation Stephanie Waldron Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEgTLLE, Town Clerk of the Tm'm of Southold, New York be'rog duly sworn, says that on the ~. day of L~ .~4,. , 2002, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in ja mos~ public place in the To;xm of Southold, Suffolk: Comtty, New York. to ~-it: TbX~n Clerk"s Bulletin Board, 53095 Main Road, S~uthold. New York· NOTICE OF PUBLIC HEARING FOR December 3, 2002, Waldron · NevilYe Southold To~m Clerk Sworn before me this ~ day of ~0t~w~.~. , 2002. LYNDA M, B~HN NOTARY pUBLIC, St~Le of Ne'~ Y°tqK NO. 0tB06020932 Qualified In Suffolk Cc~nt~ Te~m Expires M~ch ~, 20 ~ o o ELIZABETH A. NEVilLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL"GE OFFICER . RECORDS ],;lANAGEMENT OFFICER ·FREEDOM OF INFORM,"TION OFFICER Town Hall, 53095 Main Road P.O. Box II79 Southold, New York II971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork..net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO\HNG RESOLUTION NO. 773 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19, 2002: RESOLVED that pursuant to the provisions of Chapter 59 and/or Chapter 6 (2% CommLUllty Preservation FlUld) of the TO\\1l Code, the Town Board of the Tovm of South old hereby sets Tuesdav, December 3, 2002, at 5:20 p.m.. Southold Town Hall. 53095 Main Road, Southold. New York as the time and place for a public hearine: for the purchase of the proper!vofStephanie Waldron. Said property is identified as SCTM #1000-53-2-5. The property is located on the west side of Pipes Neck Road, approximately 672' south of Main Road, in Greenport. The proposed acquisition is for approximately 2.3 acres (subject to survey). The purchase price is $5,000 (five thousand dollars) per acre, or approximately $11,500 (eleven thousand five hundred dollars) for the 2.3 acre acquisition. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold TO\\1l Hall. Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. œ;",l£fCl~~P"" () Elizabeth A. Neville Southold Town Clerk , 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 TRANSFER TAX NUMBER: 03-07528 Recorded: At: LIBER: PAGE: 09/24/2003 02:11:17 PM D00012273 900 STEPHANIE SOUTHOLD District: 1000 WALDRON TOWN OF Deed Amount: Section: 053.00 EXAMINED AND $12,550.00 Block: 02.00 CHARGED AS Lot: 005.000 FOLLOWS Received the Following Fees For Page/Filing COE EA-CTY TP-584 RPT Transfer tax $12.00 $5.00 $5.00 $5.00 $30.00 $0.00 Above Instrument Exempt NO NO NO NO NO NO Handling NYS SRCHG EA-STATE Cert.Copies SCTM Comm.Pres Fees Paid $5.00 $15.00 $50.00 $0.00 $0.00 $0.00 $127.00 Exempt NO NO NO NO NO NO TRANSFER TAX NUMBER: 03-07528 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County ., r i it OCT Li L 1. Œ.2 .. Number of pages 1--; TORRENS --- "' ~:f;'i.:j 1 :-¡o:: Serial # -'r~ ¡¡-;. Certificate # Prior Clf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage AmI. Handling TP-584 I. Basic Tax 2. Additional Tax Notation Sub Total EA-52 17 (County) Sub Total Comm. of Ed. 5 O-º---.. Spec./Assil. Or Spec. / Add. EA-52I7 (State) R. P.T. SA \ TOT. MTG. TAX Dual Town Dual County_ Held for Apportionment Transfer Taxß¡~ 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 # of this instrument. --- Affidavit Certified Copy Reg. Copy Other Sub Total - GRAND TOTAL _I d 7 - Real Property Tax Service Agency Verification T"'>~ _ '- C'~~..:,..~ n l....rlt- rot 6 Community Preservation Fund Consideration Anl0unt $ Stamp 03037415 1000 05300 0200 005000 ...,-·------'pT-:S·,\ l R CFE .A.) ~~~~i CPF Tax Due )Ô ) $ Date Improved 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: G~ett f. Y~oS¡.L¡ l '£S(¡) ..:5'~....<nt<IU> ~wN tf#L S'3.0'1.s- M.fov 'Rð. r·O·ß~ 11ì'7 $'Ó~Ù:>I /'£Y "'if/ Vacant Land ./' /1) TD TD TD Initials 8 Title Company Information 9 Suffolk Count £.:. S'OO~03 Recordin & Endorsement Pa e j)t:~ (SPECIFY TYPE OF INSTRUMENT) Co. Title # This page forms part of the attached made by: UJAt-h(M The premises herein is situated in SUFFOLK COUNTY, NEW YORK TO 'o..JIJ r:tJF -S'o~L.è In the Township of .s C\J.TJf./!\Lþ In the VILLAGE or HAMLET of ~RS¡.fA-MOJ.i.CQv.6 BOXES 5 THRU 9 MUST BE TYPED OR PRINŒD IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Tax Map Designation Dist. 1000 Sec. 053.00 Blk. 02.00 Lot(s) 005.000 , NY 030 Bargain and Sale Deed Without Covenant Against Grantor's Acts ln~ividual or Corporation (Single Sheet) (NYBTU 8001) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LA WYERS ONLY THIS INDENTURE, made the 10th day of September BETWEEN , in the year 2003 STEPHANIE WALDRON 3981 Douglas Heights Canastota, New York Drive 13032 party of the first part, and TOWN OF SOUTHOLD 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbem~~ at Arshamomoque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Pipes Neck Road where same is intersected by the northerly line of land now or formerly of the Long Island Railroad; RUNNING THENCE along said lands South 54 degrees 56 minutes 10 seconds West, 537.35 feet to land now or formerly of Westbury Properties; RUNNING THENCE along said land the following two (2) courses and distances: I. North 66 degrees 32 minutes 54 seconds West, 32.12 feet; 2. North II degrees 59 minutes 54 seconds West, 43.24 feet to land now or formerly of the County of Suffolk; RUNNING THENCE along said lands North 30 degrees 15 minutes 30 seconds West, 216.77 feet to land shown on the Map of Peconic Bay Estates, Map No. 1124; RUNNING THENCE along said lands North 70 degrees 26 minutes 50 seconds East, 492.77 feet to the westerly side of Pipes Neck Road; RUNNING THENCE along the westerly side of Pipes Neck Road the following two (2) courses and distances: I. South 36 degrees 57 minutes 50 seconds East, 35.40 feet; 2. South 55 degrees 24 minutes 50 seconds East, 123.75 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises once conveyed to STEPHEN SEAMAN by deed from MARY A. SEYMOUR, dated 4/26/26, and recorded in the Suffolk County Clerk's Office on 8/16/26, in Liber 1215, at Page 12. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in 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, in compliance with Section 13 ofthe 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 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 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 WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ~~!:e /;)J.l Waldron '- RIDER to DEED dated S;.p+OMb<>r 10,2003, between STEPHANIE WALDRON and the TOWN OF SOUTHOLD AS SET FORTH in Chapter 6 and Chapter 59 of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of these chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the 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 ) COUNTY OF SUFFOLK ) On the /{)-tf, day of Szpf~m hLr , 2003, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. )ss: ~Lt~~'W(L Notary Public MELANIE DOROSKI IIOTARY PUBLIC, State of New. No. 01 D04634870 Qualified in Suffolk County "\rv'\/_ Corm1I&aion Elpires Septanillr 30,~ o ISSUED By COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TInE INSURANCE Commonwealth A L...'mAMERICA CO.\1I'ANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CO NT AINED IN SCHEDULE BAND THE CONDITIONS AND STIPULA nONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. 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 title; 4. Lack of a right of access [Q 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 ~<0.1\TLE/+ ,,"}. ,'.' <P<:/ ~ '? % ~ - n ~. ,i ,,~....,. ~ 'lfOJ.¡"~" By: ?J-~ a ~eSident Attest: / / /7/ /J . /. /) iJ-. (A17-4w'~~~ 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. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (Hi) 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 pan; 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. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminem domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any takihg which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimam; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured daimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained jf thc insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or imerest 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 resuils from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA1Q ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page Valid Only If Schedules A and B and Cover Are Attached ORIGINAL File No.: RH80030369 SCHEDULE A ~ ~ landAmerica - Commonwealth Amount of Insurance: $12,550.00 Date of Policy: September 10, 2003 Policy No.: RH80030369 1. Name of Insured: TOWN OF SOUTHOLD 2. The estate or interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: TOWN OF SOUTH OLD By deed made by STEPHANIE WALDRON to the INSURED dated September 10, 2003 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. 4. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: C..o"· "V' L~ Authorized Officer or Agent Fee Policy Insert File No.: RH80030369 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: 1. Easement recorded in Liber 1191 page 103 and Liber 1215 page 12. 2. Survey made by John C. Ehelers Land Surveyor last dated 04/04/03 shows vacant land; (tidai marsh); a)tidal ditch located. No variations. 3. 2002/03 2nd half Town and School taxes. Fee Policy Insert " File No.: RH80030369 SCHEDULE A - DESCRIPTION AMENDED 04/21/03 ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomoque, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Pipes Neck Road where same is intersected by the northerly line of land now or formerly of the Long Island Railroad; RUNNING THENCE along said lands South 54 degrees 55 minutes 10 seconds West, 537.35 feet to land now or formerly of Westbury Properties; RUNNING THENCE along said land the following two (2) courses and distances: 1. North 66 degrees 32 minutes 54 seconds West, 32.12 feet; 2. North 11 degrees 59 minutes 54 seconds West, 43.24 feet to land now or formerly of the County of Suffolk; RUNNING THENCE along said lands North 30 degrees 15 minutes 30 seconds West, 216.77 feet to land shown on the Map of Peconic Bay Estates, Map No. 1124; RUNNING THENCE along said lands North 70 degrees 26 minutes 50 seconds East, 492.77 feet to the westerly side of Pipes Neck Road; RUNNING THENCE along the westerly side of Pipes Neck Road the following two (2) courses and distances; 1. South 36 degrees 57 minutes 50 seconds East, 35.40 feet 2. South 55 degrees 24 minutes 50 seconds East, 123.75 feet to the pOint or place of BEGINNING, Fee Policy Insert " File No.: RH80030369 ~ landAmerica _ Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY NO. RH80030369 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. 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." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents. n Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressiy stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: September 10, 2003 Issued at: Commonwealth Land Title Insurance Company 18S Old Country Road, PO Box 419 Suite 2 Riverhead, NY 11901 By Cø.,,· "'-u L ~ Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) , . CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION. EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply 10 costs, attorneys' fees and expenses for which the Company is liable under this policy, and shÇl.II only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not an, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9, LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any liligation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. An payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11, liABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company, NM 1 PA 10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shan be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this poticy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to aU rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shan not void this policy, but the Company. in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non·insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities. guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1.000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this poticy and under the Rules ¡n effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this poncy, this policy shall be construed as a whole, (b) Any claim of loss or damage, whether or not based on negligence. and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. AU notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. ORIGINAL Valid only jf Face Page and Schedules A and B are attached / CLOSING STATEMENT STEPHANIE WALDRON to TOWN OF SOUTHOLD , Open Space 2.51 acres @ $5,000/acre Premises: 700 Pipes Neck Road, Greenport, NY SCTM #1000-53-2-5 Purchase Price: Payable to Stephanie Waldron Check #73260 $ 12,550.00 Expenses of Closing: Real Propertv Tax Reimbursement Payable to Stephanie Waldron Check #73260 $ 62.98 94 days @ $0.67/day Survev Payable to John C. Ehlers Land Surveyor Check #71192 $ 1,500.00 Environmental Report Payable to Nelson, Pope & Voorhis Check #71797 $ 1,500.00 '- Title Report Payable to LandAmerica*Commonwealth Check #73273 $ 545.00 Fee insurance Recording deed $402.00 $143.00 Closing took place by mail - based on August 29, 2003 as closing date