HomeMy WebLinkAboutManzi Trust & Villa Amoroa LLC
OFFICE LOCATION:
MELISSA A. SPIRO Town Hall Annex
LAND PRESERV ATION COORDINATOR 54375 State Route 25
melissa.spiro@town.southold.ny.us (comer of Main Road & Youngs Avenue)
Southold, New York
TeLephone (631) 765-5711
Facsimile (631) 765-6640 MAILING ADDRESS:
P.O. Box 1179
Southold, NY 1197 I -0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Melanie Doroski
Administrative Assistant
Date: October 14, 2005
Re: MANZI TRUST & VILLA AMOROA. LLC to TOWN OF SOUTHOLD
Development Rights Easement -17.02 acres
SCTM #1000-83·2·9.3
13945 Oregon Road, Cutchogue
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Suffolk County Clerk Records Office Recording Page
· Suffolk County Recording & Endorsement Page
· Original Grant of Development Rights Easement dated August 24, 2005, between Joseph
G. Manzi, Jr. Irrevocable Trust and Villa Amorosa, LLC and the Town of Southold, recorded
in the Suffolk County Clerk's office on 9/23/05, in Liber D00012410 at Page 944
· Original title insurance policy #0-8831-339302 issued by Stewart Title Insurance Company
on August 24,2005, in the insured amount of $359.047.50 (title #24-S-0057)
· Closing Statement
Thank you.
Melanie
encs.
cc: Assessors wI copy of recorded deed
Jack Sherwood wI copy of recorded deed and survey maps
Town Board wlo encs.
111111111111111111111I111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP Recorded: 09/23/2005
Number of Pages: 15 At: 09:13:28 AM
Receipt Number : 05-0100032
TRANSFER TAX NUMBER: 05-08001 LIBER: DOOO12410
PAGE: 944
District: Section: Block: Lot:
1000 083.00 02.00 009.003
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $359,047.50
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $9.75 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
CoItlln.Pres $0.00 NO
Fees Paid $114.75
TRANSFER TAX NUMBER: 05-08001
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
~~«::~ßU;~
OCT 1 4 2005
DEPT. OF LAND
PRESERVATION
- I
,
, .
.
RECORDED
~ 2005 Sep 23 09:13:28 RM
Number of pages Edward P.Romaine
TORRENS CLERK OF
SUFFOLK COUNTY
Serial # L DOOOl2410
P 944
Certificate # DU 05-08001
Prior Ctf. #
Deed. Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps
3 FEES
Page / Filing Fee ..- Mortgage AmI.
- -
I. Basic Tax -
Handling 5 .illL 2. Additional Tax
-- -
TP-584 ~ - Sub Total
- -
Spec. / Assit.
Notation - or
EA-5217 (County) Sub Total £5 Spec./ Add. -
- TOT. MTG. TAX
-
EA-5217 (State) aJaJ Dual Town _ Dual County _
R.P.T.S.A. Held for Appointment
Transfer Tax U-
-
COlmn. of Ed. 5. -ºº- Mansion Tax -
Affidavit Tbe property covered by this motgage is
- or will be improved by a one or two
LJi
family dwelling only.
£1,15 YES orNO
Reg. Copy - Sub Total ~ [f NO, see appropriate tax clause on
Other IS - Grand Total . '5 ~ page # of this inslrument.
. - (¡
4 Dislrictl 000 Section 083.00 Block 02.00 Lot 5 Communit Preservation Fund
- .... ~!{l/,t)i11, ~
Real 1000 08300 0200 009003 ~ Consideration AmOlmt
Property CPF Tax Due $ -ø-
Tax Service
Agency Improved
Verification Vacant Land ~-
'fJ
6 SatisfactionlDischargeslRelease List Property Owners Mailing Address TO Jð7fD-
RECORD & RETURN TO: ,
Lisa Clal'e Kombrink, Esq. TO
235 Hampton Road
Southampton, New York 11968 TO
7
-c..
.:2r-5"- Od
8 Suffolk County Recordin & Endorsement Page
l11;s page forms part of the attached DeveloDment Rillhts Easement made by:
(SPECIFY TYPE OF INSTRUMENT)
.Joseph G. Manzi Tl'ust and Villa Amol'osa. The premisis h~rein is situated in
LLC SUFFOLK COUNTY, NEW YORK.
TO In the Township of South old
Town of South old [II the VILLAGE
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
!)¡Jp.ilt:./lre t)Æf(;IN~JJ
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of J,/ 2005 at Southold, New York. The party is RICHARD MANZI, as
Trustees of the JOSEPH G. MANZI, JR. IRREVOCABLE TRUST, as to a 75%
Undivided Interest, c/o Richard Manzi, residing , æ..m_It....~ /.....r'. 4,.) ft r!Y 1¡7}?
and VILLA AMOROSA, LLC, with an address at)l ~ f<'" .!',.-;...A.> - rr
as to a 25% Undivided Interest (herein collectively called "Grantor"), and~the
TOWN OF SOUTHOLD, a municipal corporation, having its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York (herein call
"Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM# 1000-83-2-p/o 9.1 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by
Hawkins, Webb, Jaeger Associates P.C.,last revised June, 2005, and
hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District # 1, and the Grantor wishes to continue using the Property in an
agricultural capacity as defined in this Easement; and
WHEREAS, the Property is currently undeveloped and open; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of South old, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of THREE HUNDRED-fIFTY NINE
THOUSAND-fORTY-SEVEN DOLLARS AND 50/100 ($359,047.50) and other
good and valuable consideration paid to the Grantor, the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross, which
shall be binding upon and shall restrict the premises shown and designated
as the Property herein, more particularly bounded and described on
Schedule "A" annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
0.04 Governmental Recoqnition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
Stewart Title Insurance Company
Title No: 24-8-0057
Schedule A Description
ALL that certain plot, piece or parcel ofland with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Oregon Road where same is intersected by the
division line between premises herein and land now or fonnerly of Joseph K. Swiatocha; said
point being the southwesterly comer of premises;
RUNNING THENCE along said land of Joseph K. Swiatocha, the following two (2) courses
and distances:
I. North 48 degrees 53 minutes 00 seconds West, 484.00 feet;
2. South 61 degrees 26 minutes 00 seconds West, 180.00 feet;
THENCE North 48 degrees 53 minutes 00 seconds West along land now or fonnerly of County
of Suffolk and Jeanne F. and Timothy Steele 1002.34 feet;
THENCE North 71 degrees 26 minutes 42 seconds East 134.59 feet to the northerly side of a 25
foot Right of Way;
THENCE along the southerly and southwesterly side of said Right of way:
Southerly and easterly along an arc of a curve which bears to the left having a radius of 50.00 and
a distance of239.19 feet;
Thence along an arc of a curve, which bears to the right having a radius of 20.00 feet a distance
of 32.85 feet;
Thence North 71 degrees 26 minutes 42 seconds, 482.77 feet;
Thence along an arc of a curve, which bears to the right having a radius of 50.00 feet, a distance
of 53.00 feet;
5) Thence South 47 degrees 44 minutes 00 seconds East, along said Right of Way, 1289.11
feet to the northerly line of Oregon Road;
THENCE South 61 degrees 26 minutes 00 seconds West, along the northerly line of Oregon
Road, 439.82 feet to the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
conservation restrictions by the enactment of General Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural, and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated June, 2005 prepared by Hawkins, Webb, Jaeger
Associates, P.c. and a Phase 1 Environmental Site Assessment dated
February 12, 2004 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Tyee
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 25 of the Town Code of the
Town of Southold (the "Code").
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and everyone of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as permitted
by the Southold Town Land Preservation Committee and other applicable provisions of
the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure"
shall be defined as anything constructed or erected on or under the ground or upon
another structure or building, including walkways. Structures shall not include trellis,
fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to
implement NRCS approved conservation practices, or fencing used in connection with
bonafide agricultural production, including without limitation fencing to keep out
predator animals. Approvals for these shall be as required by applicable provisions of
the Town Code.
3,02 Excavation and Removal of Materials: Mininq
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumpinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization and composting.
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Landscapinq Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04. Notwithstanding this
provision, the property may be cleared in connection with agricultural
production, as that term is currently defined in Chapter 25 of the Town
Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. Utilities must,
to the extent possible, be constructed within 30 feet of the centerline of
roads or driveways, and may be used solely to service the permitted
structures. The Property may not be used for the creation or placement of
utilities to service any other properties.
3.08 Prohibited Uses
The use of the Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, shall be prohibited.
For the purposes of this section, agricultural production, as defined in
Chapter 25 of the Town Code, shall not be considered a commercial use.
Notwithstanding the above, the use of a 10' wide easement on the
property as described in and according to the provisions of Liber 12392 at
Page 123, shown on the survey referenced herein, shall not be prohibited.
3.09 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the U.S.
Department of Agriculture's National Resource Conservation Service.
,
3.10 Drainaqe
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited. except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.11 Development Riqhts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that such rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law.
4.04 Landscapinq Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the
property.
4.05 Aqricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 25 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, provided such structures are necessary
for agricultural production and lot coverage does not
exceed two (2) percent of the Property;
(iii) Renovation, maintenance and repairs of structures built
pursuant to this Section 4.06, provided the existing footprint is
not increased and the primary purpose of the structure remains
agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural
production, open space and scenic vistas, and otherwise be consistent with
the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.08 Alienabilitv
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Third Partv Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses to Grantee or any of its
officers, employees, agents or independent contractors resulting: (a) from
injury to persons or damages to property arising from any activity on the
Property, except those due solely to the acts of the Grantee, its officers,
employees, agents, or independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. Grantor shall remove or restore trees
shrubs or other vegetation when dead, diseased, decayed or damaged, thin,
prune trees and mow to improve the appearance of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby authorized
to enter upon the Property to perform such maintenance.
,
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 5.04 and
6.03, or to permit access upon the Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
./
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 7.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinauishment/Condemnation
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the 'imitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open
space value of the Property and if the condemnation is undertaken by an
entity other than the Grantee, then the remaining portion of the
condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandina
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
said rights and interest, following a public hearing and, thereafter, ratified by
a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governinq Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision inyalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
.
.
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordino
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinos
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
THE JOSEPH G. MANZI, JR. IRREVOCABLE TRUST (Grantor)
,
B : RICHARD MANZI, Trustee
VILLA AMOROSA, LLC (Grantor)
By: ¡¡¡:.D.(./h<-... "1I'd.... .;-..,..;11
ACKNOWLEDGED AND ACCEPTED:
TOWN F SOUTHOLD(Grantee)
BY: J~~~
Supervisor
·
,
,
,
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this ,;1 day of !lvt;/lsr in the year 2005 before me, the
undersigned, personally appeared Richard Manzi, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
jJ~f.~
Notary Public PATRICIA L. FALLON
Notary Public, Stata Of New York
No. 01 FA4950146
Qualified In Suffoik Co~nty j.¡v 7
STATE OF NEW YORK) Commission Expires April 24,
COUNTY OF SUFFOLK) SS:
On this ;1 day oflJr.6t1ST in the year 2005 before me, the
undersigned, personally appeared .Ýaa'JcK .rf4Aw"""Personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
f)rJ;hÚÙ, I?~
Notary Public PATRICIA L. FALLON
Notary Public, State 01 New York
STATE OF NEW YORK) No. 01 FA4950146
Qualified In SuffoLk County 1
COUNTY OF SUFFOLK) SS: Commission Expires April 24, ttv
On this d.1f day of /It¡~usr in the year 2005 before me, the
undersigned, personally appeared Joshua Y. Horton, personally known to
me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
hh ,Ú¿ .¿.~- PATRICIA L. FALLON
Notary Public, State 01 New York
Notary Public No. 01 FA4950146
Qualified Ln SuffoLk County
Commission Expires April 24, ~1
c: I Anne/Town of Southold Master Documents/Development Rights Master No Structures
ALTA OWNER'S POUCY - 10-17-92
. .
:
- - - - - .~
POLICY OF TITLE INSURANCE ISSUED BY
STE"W'ART TITLE®
INSURANCE COMPANY
¡ SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York 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
I Schedule A, sustained or incurred by the insured by reason of:
I 1. Title 10 the eslate or interest described in Schedule A being vested other than as stated therein;
. 2. Any defect in or lien or encumbrance on lhe title;
I 3. Unmarkelability of lhe title;
I 4. Lack of a right of access to and from the land.
I The Company will also pay lhe costs, attorneys' fees and expenses incurred in defense of the title, as insured, bul only to the
I extent provided in the Conditions and Stipulations.
¡ IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by ils duly authorized
I officers as of the Date of Policy shown in Schedule A.
¡ STE"\VART TITLE®
¡ INst'KASCE COM PAN'"
Countersigned by: ~.
¡
----
~~ President
ju'áCtJ
Secretary
EXCLUSIONS FROM COVERAGE
The following mofferl ore expressiy excluded ham the coveroge of thil policy and the Company will not pay loss or damage, COI~, offorneYI' fees or expenses which orise by reason
of:
1. (0) Any low, ordinance or governmental regulation (including but not limited to building and zoning lows, ordinoncel, or regulooonl) ,estriding, reguloong, prohibiting or
relating to (i) the oc¡uponcy, use, or enjoyment of the land; (ii) the choroder, dimenlions or locotion of any improvement now or hereofter ereded on the land; (iii) 0 seporotion in
owne~hip or 0 change in the dimenlions or area of the land or any porcel of which the land is or was 0 port; or (iv) environmental protedion, or the effed of any violation of these
lows, ordinances or governmental ''1Iulotionl, except to the extent that 0 notice of the enforcement thereof or 0 notice of 0 defect, lien or encumbronce resulong from 0 violation or
alleged violation offeding the land hOI been recorded in the public recordl at Dote of Policy.
(b) Any governmental police power not excluded by (0) above, except to the extent that 0 notice of the exercise thereof or 0 notice of 0 defed, lien or encumbronce relulting
ham 0 violation or alleged violation offeding the land has been recorded in the public records at Dote of Policy.
1 Rights of eminent domain unlesl notice of Ihe exercise thereof has been recorded in the public records at Dote of Policy, but not excluding ham coverage any taking which hOI
occurrerl prior to Dote of Policy which would be binding on the righ~ of 0 purcholer for value without knowLedge.
3 Defects, lienl,encumbronces, adverse claims or othermorters:
t (0) created, ,uffered, olsumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public recordl at Dote of PoLicy, but known to the insured claimant and not disclosed in writing to the Company by the
t inlu,erI claimant prior to the dote the inlured claimant become on inlure dunderthispolicy; I
(c) resulting in no losl or damage to the insured claimant;
(d) ortoching or created lublequent to Dote of Policy; or
(e) relulting in 10ls or damage which would not hove been lustoined if the insured claimant hod paid value for the "tote or inlerelt inlured by this policy.
4. Any claim which orises out of the tronsodion velting in the Inlured the estate or interest inlured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, orsimilor creditorl' rightl lows, thot is based on:
t (0) the tronsodion creating the eltote or interest inlured by thil policy being deemed 0 froudulent conveyance or houdulent tronsfer; or
¡ (b) Ihe tronlodion creating the estate or interell insured by this policy being deemed 0 preferential tronsfer except where the preferential transfer relul~ ham the failure:
(i) to t,meiy record the inltrument of tronsfer; or
(ii) of,uch recordation to importnot.cetoo purcholer for value or 0 judgment or lien creditor.
Þ~ia1 cf 0-8831- 3 3 9 3 0 3
Serir¡;(No
NY-D01 (10-17-921
· . .
AlTA OWNER'S POUCY - 10-17-92
POLICY OF TITLE INSUAANCÉ ISSUED BY
STE"\VART TITLE®
INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTJÖNS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS. STEWART TITLE INSURANCE. COMPANY, a New York corporation, herein called the Company,
insures, as of Date of POlicy shown in Schedule A. against toss or damage, not exceeding the Amount of Insurance stated in
Schedule A. sustained or incurred by the Lnsured by reaSOD of:
1. TitLe to the estate or interest described In ScheduJe 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 to and from the iand.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the
extent provided In the Conditions and Stipulations.
IN WItNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authoriZed
officers as of the Date of Policy shown in ScMdilLe A,
STEWART TITLE'"'
IJ"I'!=IVR ^~CF. CO~PANY
Countersigm!!d by; ~¿~
P.JJhun f,~~./ --
Pl'ê$ident
Ju... á C tJ
Secretary
EXCLUSIONS FROM COVERAGE
The Iollo.;ng motte. om "p",,,Lv "cluded from the _roge of this p'¡¡<v ond the Componv will oot PIIV 10\5 or dom,ge. cosls, o""meys' fees or ex¡Jens6 which orise by """,n
010
1. (0) Any low. o"'inonce or govemmental regulllfion (indudiny but not limil9<l to building und zoning lows, ordinonœs, or regulohons) nJS~ictlng, regulahn~ prohibiting nr .
relllfing 11> Ii) t~e o"upoo<v, use, or ",¡oyment of the lood: (ii) the chorocter, dimen~ons "Iocllfioo of onv improvement now" he!oofler ersåed on Ihe lund; (iii) 0 !eporoti,n in
owne~hip " a monge in the dimensions" 'reo oIihe lund or onv po..I of " ¡id1 rhe 'ond Is " wos 0 polt; " (iv) envìroom.."" profedìon, "the effuct 01 ony ,;ololioo of ihesa
lOW!, ordinances" g"",mmental rSÌlulotions, M!ptto Ihemenlthot 0 l\OfÍœ of the enforœmenl the"of or a noh" ofo def"r, lien orenrumbronce resulnng hom 0 uìoLIIfi,n or
olleged uiolllfioo offe<rin¡¡ the lood has been rer.orded in rhe public mcords ot Date of Poii<v.
(b) Any iovernrnenlal police POllef not excluded by (I) obove. "'"17I1u ihe extent that 0 nohre of the exerrise rhemol or 0 nohce of 0 defact, lien" enwmbronœ resulfiog
from 0 uiolatioo or olleged violohon off¡ctiog the I,nd hos been rem,ded in the public records at Date of Poli<v.
2. RiD~~ of eminent domoin unless natlre of the eJD!rci!e rheleOf hos been recorded in the puhlic ",cords at Dol! of Policy. but nat excluding from coveroge ony toling whid1 has
occuned prior to Dah! nf poli<v which WDuld be hinding on the riglm of 0 pll~haser forvnl". withoU! knowledge.
3. Defects. liens, encumbronces. odll1"" dnims or other moiler.
(0) crooh!d, sulÎ1!red. assumed or .greed to bV the insumd cloimon~
(b) not ""awn Iu the Componv. not recorded in rhe puDlic records ot Date of Policy. but known In the insured d,imanl ond nof disclœed in wrifing ta rhe Componv by the
insured cloimont prior Iu the dole th. insvred cloimont become on ¡",ured und" this policy;
(c) resulhng in no loss or d,m,ge ta!he insured doiman~
(d) otIDcfring or <rooted subsequent f, Dare of P,licy; or
(9) resulffllg in loss Gr domnie whicll W1!uld not hnve been SUS10ined if the iosured d,imont h,d poid '101" for the eslul!" inl1!rest insured by this poliCy,
4. Ar¡y d,im which "ises out of the ITIInsomoo veslÍng in Ihe Insured Ihe e~Oh! or interesr insured bv this policy. by reo5on of the operotion of r.derol bonkruptty, ,tare
insoLvAnGY. or similor crediln.' rights lows. rhot is bosed ,n:
(0) rhe lM"nrnoo creoijng f~e esfore or in"'rest insured hv this poLicy bning deemed, froudoLent rnOV'YOnce " IrouM!I1ttronsler: or
(b) the tronsactLon cJealing the .sIol! or inh!rest insured by th~ poliev beln, deemed 0 preferentiol tronsfer excsptw~ere the preferenti,I rronsler tesults from the feiLore:
(i) 10 ffmelyrerord the inslrumentoftm""'r; or
(iil of ,,,cfr rerordotinn Iu import noffce too pu~hos" for value Of , iudgmentor lien credilur,
!¡'" 0-8831- 339303
~erinN(I,
....~~. ..... .~""'"
At. TA OWNER'S POUCY
SCHEDULE A
Title No,: 24-5-0057 Policy No.: 0-8831-339303
Date of Policy: August 24, 2005 Amount of Insurance: $359,047.50
1. Name ofInsured: County: Suffolk
Town of Southold
2. The estate or interest in the land described herein and which is covered by this policy is;
Development Rights Easement
3. Title to the estate or interest in the land is vested in:
Town of Southold, who acquired title by virtue of a deed ITom Robert Arone, Richard Manzi and John
Elcik, as Trustees of the Joseph G. Manzi, Jr. Irrevocable Trust dated March, 28, 2000 and Villa
Amorosa, LLC, by deed dated 8/24/05 and to be recorded in the Suffolk County Clerk'slRegister's
Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000 Section: 083.00 Block: 02.00 Lot: 009.001,
4612 (7/93) Page 2 STEWART TITLE
INSURANCE COMPANY
At. TA OWNER'S POt.ICy
SCHEDULE B
Title No.: 24-S-0057 Policy No 0-8831-339303
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company wiII not pay costs, attorney's fees
or expenses) which arise by reason of:
I. Rights oftenant(s) or person(s) in possession, if any.
2. Subject to water charges, if any.
3. Survey by Hawkins, Webb, Jaeger, PLLC dated June, 2005 shows premises as vacant land, line of 10 foot
easement located at northwest comer; edge of woods located at northwest comer.
4. Cross Easement Dated June 13, 2005 and recorded in Suffolk County.
5. Company excepts possible Rights of Others in and to a 10 foot easement area shown on Survey herein.
4613 (2/93 Page 3 STEWART TITLE
INSURANCE COMPANY
oJ ",ana..!.~. L.J.. ",-,-a UICJLILVVv L£..;JoJ .t"'nu.c VV.::JIVV"t r4,A õ:)t: IV~.l
. . .
Stewart Title Insurance Company
Tide NOI 24-8-0057
Schedule A Description
(AMENDED 08/0512005.1
ALL that certain plO[. piece or parcel of land with the buildings and improvement' thereon
erected. situate. lying and being at Cutchogue. Town of Southold. County of Suffolk and Stat" of
~ew York. bounded and described as follows:
BEGINNING at a point on the northerly line of Oregon Road where same is intersected by the
division line !x:tween premises herein and land now or formerly of Joseph K. Swiatocha; said
point !x:ing the southwesterly comer of premises:
RUNJlõING THENCE along said land of Joseph K. SWlatocha. the following two (2) courses
and distances:
1. North 48 degrees 53 minutes 00 seconds West. 484.00 feet;
2. South 61 degrees 26 minutes 00 seconds W"st. 180.00 feet;
THENCE North 48 degrees 53 minutes 00 seconds West along land now or fonnerly of County
of Suffolk and Jeanne F. and Timothy Steele lD02.34 feet;
THENCE North 71 degrees 26 minutes 42 seconds East 134.59 feet [0 the n,)rtherly side of a 25
foot Right of Way;
THENCE along the southerly and southwesterly side of said Right of way:
1) Southerly and easterly along an arc of a curve which bears to the left having a
radius of 50.00 and a distance of 239.19 feet:
2) Thence along an arc of a curve. whIch bears [0 the right having a radius of 20.00
feet a distance of 32.85 feet:
3) Thence North 71 degrees 26 minutes 42 seconds. 482.77 teet;
4) Thence along an arc of a curve. which bears [0 the right having a radius of 50.00
feet. a distance of 53.00 feet;
5) Thence South 47 degrees 44 minutes 00 seconds East. along said Right of Way.
1289.11 feet to the northerly line of Oregon Road;
TOOETHER with all right. title and interest of the party of the first part. in and to the land lying
in the street in front of and adjoining said premises.
................... ... ................. ....,'&.>....,..."'vv.....·vV rr:I.'I..IL... VV"% I VV"% J 0..... ....J\jL V C'L
, . .
: THENCE South 61 degrees 26 minutes 00 seconds West. along the northerly line of Oregon
Road, 439.82 feet to the point or place of BEG[NN~G.
TOGETHER with all right, Ùtle and interest of the party øf the first rart. in and to the land lying
in the street in front of and adjoining said premises.
'. _EWART TI1tLE
"
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDAJU> NEW YORK ENDORSEMENT
(OWller's Policy)
TitJeNo.: U-S-0057
ATTACHED TO AND MADE A PART OF POLlCY NUMBER 0-8831- 339303
1. The mllowing L. added to Ibe iosuring provisions on the rece page of this policy:
"5. Any statutory hen for services, labor or material furnished prior to the date bereof, ILIId wmcb has now gained or wbìch
may hereafter pm priority over the estatE: or intom:st of the insured as shown in Schedule A of this policy"
2. The following is added to Paragrapb 7 of the Conditions and Stipulations of this pohcy:
"(d) If tbe recording date .of the instrUments creating the insured interest is Jatcr IIJILII Ihe policy date, sue!¡ policy .haD also
cover interventn¡ liens or encumbrances, except real estate taxes, a."gessments. water charges, and sewer rcnt8."
Nothing herein contained shall be coostmed 8.. e~tcnding or cbanging the effective date of the policy unless otherwise e>:prcIIsly
stated.
This endorsement, when countersigned below by a validating signatory, is made a pari of the policy and is subject to the E~clusions
Ji-om Coverage, Schedules, Conditions ILIId StipuJatiom therein, except as modi lied by the provisiQQS hereof
Signed on August 24, 2005
STEWART TITLE
Stewart Title Insurance CQTI1pany JJUt;RANCE COM fA NY
Signed by:
A~I...~
Authorized Office or Agenl
"
St.....rt Title Inl..rance Cbmpany
115 Baylis Road Suite 201
Melville, New York 11747
AgeDI No.: 327005 . a t:.- L..
.J
Secretary
STANtJARDNEW "YORK ENOOIISEMENT (9/11'J3)
FOR USE WmI ALTAOWNER'S POLICY (10/17192)
CONDITIONS AND STIPULATIONS Continued
... (continued and conclu~ed from reverse side 01 Policy Face)
Upon the exercise by the Compony of either of the O!ProVld'd for in porogrophs (b) When liobility :I: extent of loss or damage has been definitely fixed in
(b)(i) or (ii), the Company's obligo~ons to the insured under t IS policy for Ihe cloimed los ¡ or a¡¡ordonce with these Con r ons and S~pulotions, the loss or damage shall be payable
damage, other than the poymenr, required to be made, shall terminate, ir,cludillg Jny wrthin 30 days thereofter.
liability or obligotion to defend, prosecute or con~nue any li~gotion. 13. SUBROGATION UPON PAYMENT OR SETTlfMENT.
7. DETERMINATION, EXTENT OF lIABllIlY AND COINSURANCE. (0) The Company's Right of Subrogolion.
This policy is a controctof indemnity ogainst actual monetory 105\ or domagesu·¡toined Whenever the Componyshall have sel1!ed and paid 0 claim under this policy ,011 right of
or incurred by the insured cloimont who has suffered Lass or damage hy reoson of rnotte~ subrogation shall vest in the Company unaffected by any oct of the insured claimant.
insuredogoin~bythispolicyondonlytotheextenthereindescribed. TheComponysholl be subrogoted to ond be entitled to 011 righr,ond remedies which the
(0) The liability of the Company under this policy sholl not exceed the leost of illsured cloimonl would hove hod against any pe~on or property in respect to the claim hod
(i) the Amount of Insurancestoted in Schedule A; or, this policy not been issued. If requested by the Company, the insured claimant sholl tronsfer
(ii) the difference between the value of the insured estote or interest as Insllred to Ihe Company 011 rights and remedies ogoinst any person or property necessary in order to
ond the value of the insured estate or interest subject to the defecl, lien or ,ncumbronce perfect this right of subrogation. The insured claimant sholl permit the Company to sue,
insuredogain~bythispolicy. compromise or sertle III the nome of the insured cloimont and to use the nome of the insured
(b) In the event the Amount of Lnsuronce stoted in Schedule A ot Ihe Dote of Poliry is cloimont In onytronsoction or litigation involving these rights or remedies.
less thon 80 percent of the value of the insured estote or interest or the full consideration paid If 0 payment on o((ount of 0 claim does not fully cover the loss of the insured claimant,
for the estate or interest, whichever is less, or if subsequent to the Dote of Policy on the Company sholl be subrogoted to these righr,ond remedies in the proportion which the
improvement is erected on the land which increases the vtJlue of the rnsured estote or interest Company·spayrnentbeo~tothewholeamountoftheloss.
by at leost 20 percent over the Amount of Lnsuronce stoted in Schedule A, then this Policy is If loss should resultltom any oct of the insured claimont, as stated above, that oct sholl
subiecttathefollowingo not void this policy, but the Company, in thotevent, sholl be required to poy only that port of
(i) where no subsequent improvement hos been made, as to any portiolloss, the ony losses insured ogoinst by this policy which sholl exceed the amount, if any, lost to the
Company sholl only poy the loss pro roto in the proportion that the omount of insuronce ot Com pony by reoson of the impairment by the insured claimant of the Company's right of
Dote 01 Policy beors to the total vtJlueafthe insured estate or intere~ot Dote 01 Policy; or subrogalion.
(ii) where 0 subsequent improvement hos been made, as to any partial loss, the (b) The Company's Righ1s Against Non-insul8d Obligo~.
Company shall only pay the loss pro rota in the proportion that 120 percent of the Amount of The Company's right of subrogotion against non-insure<! obligors sholl exi~ and sholl
Insuronce stoted in Schedule A beors to the sum of the Amount of Lnsuronce stated in include, without limitotion, the righr, of the insured to indemnities, guoron~es, other policies
Schedule A ond the omount expended for the improvement of insuronce or bonds, notwithstanding ony terms or conditions contoined in those
The provisions of this porogroph sholl not apply to cosr" onomeys' fees and expenses far instrumenr,which provide for subrogation righr,by reason of this policy.
which the Company is liable under this policy, and sholl only apply to that portion 01 ony loss 14. ARBITRATION
which exceeds, in the aggregate, 10 percent of the Amount of Insuronce stated in Schedule A. Unless prohibited by opplicoble low, either the Company or the insured may demand
(c) The Company will pay only those cosr" onomey's lees and expenses incurred in orbitmtion pursuont to the Title Insuronce Arbitrotion Rules of the Americon Arbitrotian
oecordonce with Section 4 of these Conditions and Stipula~ons. Association. Arbitroble mane~ rnoy include, but are not limited to, any controve~y or claim
8. APPORTIONMENT. between the Company and the insured orising out of or relating to this poLicy, any service of
If the land described in Schedule A consisr, of two or more porcels which ore not used os the Company in connection with i~ issuance or the breach of a policy provision or other
o single site, and a loss is established affecting one or more of the parcels but not all, the loss obligation. All orbitroble maners, when the Amount of Insuronce is $1,000,000 or less sholl
shall be computed ond senled on a pro rota basis os if the amount of insuronce under this be orbitroted at the op~on of either the Company or the insured. All arbitroble mane~ when
policy was divided pro rota os to the value on Dote of Policy of each seporote parcel to the the Amount of Insuronce is in excess of $1,000,000 shall be orbitroted only when agreed to
whale, exclusIVe of any improvemenr, mode subsequent to Date of Policy, unless 0 liobility or by both the Com pony ond the insured. Arbitro~on pursuant to this policy and under the Rules
value has otherwise been agreed upon os to each porcel by the Compony ond the insured at in effect on the date the demand for orbitrotian is made or, ot the option of the insured, the
the time of Ihe issuonce of this policy and shown by on express statement or by on Rules in effect at Dote of Policy shall be bindrng upon the parties. The aword may include
endorsementanachedtothispolicy. anomeys' fees only if the lows of the state in which the land is locoted permit 0 court to
9. LIMITATION OF lIABLlITY. aword anomeys' fees to 0 prevailing party. Judgment upon the oword rendered by the
(a) If the Company establishes the ~tle, or removes the alleged defect, lien or Arbitrotor[s) maybe entered in any court having jurisdiction thereof.
encumbronce, or cures the lack of a right of access to orltam the land, or cures the cloim 01 The low of the situs of the Land shall apply to on orbitrotion under the Title Insuronce
unmorketobility of title, all as insured, in 0 reasonably diligent manner by any method, Arbitrotion Rules.
including litigation and the completion of any appeals therefrom, it shall have fully performed A copy of the Rules may be obtained frorn the Company upon request
its obligations with respect to that maner and shall not be lioble for any loss or damage IS. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRAa.
cousedthereby. (a) This policy together with all endorsemenr" if any, anoched hereto by the Company
(b) In the event of any litigation, rncluding litiga~on by the Company or with the is Ihe entire policy and controct between the insured and the Company. In interpreting any
Company's consent, the Company sholl hove no liability for loss or damage until there has provision of this policy, this policy sholl be construed as a whole.
been a final determination by a court of competent jurisdiction, and disposition of all appeals (b) Any claim 01 loss or domoge, whether or not based on negligence, and which orises
thereltam, adverse to the titLe os insured. out of the status of the title to the estate or interest covered hereby or by any action asserting
(c) The Company sholl not be liable for loss or damage to any insurod far liability such claim, shall be restricted to this policy.
voluntorily assumed by the insured in senling ony claim or suit without the prior wrinen (c) No amendment of or endorsement to this poLicy con be made except by 0 writing
consent of the Company. endorsed hereon or anoched hereto signe<! by either the President, 0 Vice President, the
10. REDUGlON OF INSlIRANCE; REDUGlON OR TERMINATION OF LIABILITY. Secretory, on Assistant Secretary, or validating officer or authorized signatory of the Company.
All payments under this policy, except paymenr, made for cosr" onomeys' fees and 16. SEVERABILITY.
expenses, sholl reduce the amount 01 the insuronce pro tanto. In the event any provision of the policy is held invalid or unenforceable under opplicoble
II. lIABLlITY NONCUMULATIVE. law, the policy shall be deemed nollo include that provision and all ather provisions shall
Lt II expressly understood Ihotthe amount of insuronce under this policy sholl be reduced remain in full force and effecl.
by any omount the Company moy pay under any policy insuring 0 mortgage to which 17. NOTICES, WHERE SENT.
exceplion is token in Schedule B or to which the insured has agreed, assume<!, or taken All notices required to be given the Company and any statement in writing required to be
subject, or which is hereofter executed by an insured ond which is 0 chorge or lien on the fumished the Company shall include the number of this policy and shall be oddressed to the
estate or interest described or referred to in Schedule A. and the amount sa paid shall be Company at 300 East 42nd Street, New Yor~ New York 10017.
deemed 0 poyment under this policy to Ihe insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be mode without producing this policy for endorsement of the STEWART TITLE®
payment unless the policy hos been lost or destroyed, in which case proof of loss or
destruction sholl befumished to the satisfaction of the Company. IN~1TRANC.: COMPANY
CLOSING STATEMENT
JOSEPH G. MANZI JR. IRREVOCABLE TRUST
and VILLA AMOROSA, LLC
to TOWN OF SOUTH OLD
Development Rights Easement - 17.02 acres
(includes 2.34 acres subdivision open space and 0.025 acre beach access)
14.655 buildable acres @ $24,500.00/acre
Premises: 13945 Oregon Road, Cutchogue
SCTM #1 000-83-2-p/o 9.1
Closing held on Wednesday, August 24, 2005
at 10:00 a.m., Land Preservation Department,
Southold Town Hall Annex
Purchase Price of $ 359,047.50 disbursed as follows:
Payable to Joseph G. Manzi Jr. Irrevocable Trust $ 269,285.62
Check #82771 (8/24/05)
Payable to Villa Amorosa, LLC $ 89,761.88
Check #82773 (8/24/05)
Expenses of Closing:
ADDraisal
Payable to Given Associates $ 2,200.00
Check #74311 (12/2/03)
Survev
Payable to Hawkins Webb Jaeger Assoc PLLC $ 2,500.00
Check #82510 (8/2/05)
Environmental ReDort
Payable to Nelson, Pope & Voorhis, LLC $ 1,300.00
Check #75518 (3/9/04)
Title Report
Payable to Stewart Title Insurance Company $ 2,357.00
Check #82772 (8/24/05)
Fee insurance $ 1907.00
Recording deed $ 250.00
Certified Copy $ 50.00
Title Update $ 150.00
Title Closer Attendance Fee
Payable to Patricia Fallon $ 100.00
Check #82770 (8/24/05)
Those present at Closing:
Joshua Y. Horton Southold Town Supervisor
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
Richard Manzi Trustee
John Guido Vice President, Manzi Homes, Inc.
Frederick J. Napolitano, Esq. Attorney for Sellers
Patricia Fallon Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Administrative Asst
7'.",'·...,",· -" ·.<ø.~"; TOWl\'OFSOUTHOLD ~ '\
i'¡j :-<'.' 214
" .\. . ~ff 53095 MAIN ROAD 8 . .' '.. ..'
'-:~='t;';'~';/. SOUTHOlD, NEW YORK 119710959 /24/05 N~åírrríNG
-mE _SUFFoU('çOlJNTY NAilcNAl ~K
ClJT¿ -ftjaUE,.tN.I~~5
;. , D.ATE CHECKNÓ..- AMOUÑ'r
';L.. .'. ..... . '.. 08/24/2005 e2"i7i . $<!6!J¡285,62
:.".TWO HUNDRED SIXTY NÌNE THOUSAND TWO Hill-JDRED EIGHTY FIVE AND 62/100 DOLLARS
'.,
C" PAVTO JOBEPHG'..MiWzI JR
\ d¡~~ IR~ÉVOC#~rc~ 'TR1JST
. oF: . ,. PO 'J;>O.¡c 702.
"',.' RQÇ.KY Pói#rNY 1177,8 .\
.<-' ¡ - - .'-.- - ".'. I..
"'Oa277~I' I:On'-tOS'-tb'-tl: b3
VENDOR 098051 JOSEPH G. VUUJZI JR 08 CHECK 82771
"""'\
t:;'TTl\Tn c Zlê'("'IrìTThT'T' D n #: Tl\T'irnTr'f:;' n¡:(QrRTP'T'TnN ~M()TTN'T'
H3 ..8660.2..600.100 082405 DEV RIGHTS-17.02 269,285.62
TOTAL 269,285.62
-:\ ~ _ 0'_ ,. ~_'
'. '-. - ~', - '
~
.'o,? ,'._.
.,~ 4"
,-,(
- /
TOWN OF SOUTHOlD . SOUTHOLD, NY 11971-0959
¿$"''''~~\ TOWN OF SOUTHOLD '\
~
511~' Z1t;.
~, ~ "N 53095 MAIN ROAD 8/24/05 ~à,zrn&"G
;,.,ç... ~,¡
, "ft., + ,~/ SOUTHOLD, NEW YORK 11971-0959
-"'-"=T,,c"' . NO. ....
THE SUFFölx C~MN1-Y NATP'f'L BANK
C.UJCtlOOUE NY'1935
DATI:: CHËÓK NO,' AMOutiJT
08/24/2Q05i;!~173, . $89,76:1..88
E'IGHTY N1NETHOUSN"D SEVEN HUNDRED SIXTY ONE AND 8B/l00 ÚQT:,Ll\:R6
PAYT!) VILLAAMOROSA" LLC
THE' C/O MANZI HOr-Ifi!S
ORDER
OF PO BOX '70<1
ROCKY PQfNT. NÝ 11778 . ',{. "q--"'::'" .
. . - .. ,'-~"
.,,'c-. ,....,.
1I'082?? :III' 1:0 2 ~I,O 51,bl,l: b:l 00
VENDOR 022280 VILLA AMOROSA, LLC 08 24 2005 CHECK 82773
t;'TThTD $: 7\C'rOT~'T' D 0 it TT\T'iTOJC'J<' nR~""'RTP'T'Tn1\T Z'1 MfìT ThT'T'
H3 .8660.2.600.100 082405 DEV RIGHTS-17.02 A 89,761.88
TOTAL 89,761. 88
.
"
,.,#.,r
.. ",
,;,,~ "":'-'l
"<C~'"'.
,
.' , ~:'
!..-,~.
1--> .t!'.
"'t".
',',
, ~"i\
. .J
TOWN OF SOUTH OLD . SOUTHOt.D. NY 11971-0959
~G IVEN
ASS 0 C I ATE S
PATRICK A. GIVEN, SRPA (631) 360-3474
box 5305 . 550 route 111 . hauppauge. n. y. 11788-0306 FAX 360-3622
i
October 3, 2003 ¡
¡
,
.,
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, N.Y. 11971
Property of Trustees of Joseph G. Manzi Irrevocable Trust, et aI.,
S.C.T.M. #1000-83-2-9.1
Located Northerly side of Oregon Road, Cutchogue, NY
File# 2003348 $2,200.00
GL10BS 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual · . . . . . . . . . . . . .Detai1- -GL100N. . . . . . . . . . . . . .
Vendor.. 007416 GIVEN, SRPA/PATRICK : W-12022003-566 Line: 135 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
y JE Date Trx.Date Fund Account: Trx Date..... 12/02/2003 SDT 11/26/03 :
________o________________ Use Acti : Trx Amount... 2,200.00 :
8/12/2003 8/12/2003 H3 .600 : Description.. APPRAISAL-MANZI PROPERTY:
8/12/2003 8/12/2003 H3 .600 : Vendor Code.. 007416 :
8/12/2003 8/12/2003 H3 .600 : Vendor Name.·. GIVEN, SRPA/PATRICK A. :
8/26/2003 8/26/2003 A .600 : A1t Vnd.. :
9/09/2003 9/09/2003 H3 .600 : CHECK........ 74311 SCNB :
9/23/2003 9/23/2003 H3 .600 : Invoice Code. 2003348 :
11/18/2003 11/18/2003 H3 .600 : VOUCHER...... :
12/02/2003 12/02/2003 H3 .600 : P.O. Code.... 11129 :
X 12/02/2003 12/02/2003 H3 .600 : Project Code. :
3/09/2004 3/09/2004 H3 .600 : Final Payment F Liquid. :
. . 3/23/2004 3/23/2004 H3 .600 : Type of 1099. M BOX. 07 Add1. :
. . 4[06/2004 4/06/2004 H3 .600 : Fixed Asset.. Y :
4/20/2004 4/20/2004 H3 .600 : Date Released 12/02/2003 :
9/07/2004 9/07/2004 H3 .600 : Date Cleared. 12/31/2003 .
.
11/04/2004 11/04/2004 H3 .600 : F3..Exit F12..Cance1 :
------------------------- Use Acti : :
Select Record(s) or Use Action Code · .
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Hawkins Webb Jaeger hùje(.[ (/5-0249
3239 Route 112 Phone: 631 132 7777
Medford NY 11763 Fax: 631 7327760 1000-83-2-P/O 9110REGON
LANDING/SOUTHOLD
Manager: Crane, l\.latthew
Invoice
To: Town of Southold DePt ,]f Land Preserv In\'oice #: 3173
Town Hall [nvoice Date: July 24, 2005
53095 State Rt 25, PO Box 1179
Southo1d NY 11971
Attention: :Melissa A Spiro
MAKE CHECKS r A YABLE TO .HAWKINS WEBB JAEGER Invoice Amount $2,500.00
PARCEL 5 OREGON LANDING - SOUTHOLD
.. TITLE UPDATE
Specified Fee: $2,500.00
*** Total Project Invoice Amount $2,500.00
GLI08S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual ............. .Detail--GLlOON..............
Vendor. . 008099 HAWKINS WEBB JAEGER : w-08022005-382 Line: 118 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
y JE Date Trx.Date Fund Account : Trx Date..... 8/02/2005 SDT 8/01/05 :
----------------------------- Begi : Trx Amount. . . 2,500.00 :
,Y, 8/02/2005 8/02/2005 H3 .600 : Description.. SURVEY/MANZI/OREGON RD :
: Vendor Code.. 008099 :
: Vendor Name.. HAWKINS WEBB JAEGER ASSO :
: Alt Vnd.. :
: CHECK...... '.' 82510 SCNB :
: Invoice Code. 3173 :
: VOUCHER...... :
: P.O. Code.... 14347 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 8/02/2005 :
: Date Cleared. :
: F3=Exit F12=Cancel :
-------------------------------- E : :
Select Record(s) or Use Action Code . .
......................................... .
,Nelson, Pope & Voorhis, LLC Property: 04010 Project: VA01412
'572 Wa~ Whilman Road Phone: 631-427-5665
. Melvillq; NY 11747 Fax: 631-427-5620 Manzi Property
Manager: Voorhis, Charles
Invoice
To: Town of Southold Invoice #: 2301
Town Hall Invoice Date: February 23, 2004
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melissa A Spiro
MAKE CHECKS PAYABLE TO NELSON POPE &VOORIDS Invoice Amount $1,300.00
Contract Item #1: Phase I Environmental Site Assessment
Work Performed: 118 thru 2/18/04
Contract Amount: $1,300.00
Percent Complete: 100.00%
Fee Earned: $1,300.00
Prior Fee Billings: $0.00
Current Fee Total: $1,300.00
*** Total Project Invoice Amount $1,300.00
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual . . . . . . . . . . . . . .Detai1- -GL100N. . . . . . . . . . . . . .
Vendor. . 014161 NELSON, POPE & VOOR : W-03092004-727 Line: 282 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
y JE Date Trx.Date Fund Account : Trx Date..... 3/09/2004 SDT 3/10/04 :
------------------------- Use Acti : Trx Amount..... 1,300.00 :
1/20/2004 1/20/2004 H3 .600 : Description.. PHASE I ESA-MANZI PROP ·
, . ·
1/20/2004 1/20/2004 A .600 : Vendor Code.. 014161 :
1/20/2004 1/20/2004 A .600 : Vendor Name.. NELSON, POPE & VOORHIS, :
1/20/2004 1/20/2004 A .600 : A1t Vnd.. :
1/20/2004 1/20/2004 A .600 : CHECK.......·. 75518 SCNB ·
·
1/20/2004 1/20/2004 A .600 : Invoice Code. 2301 :
2/24/2004 2/24/2004 B .600 : VOUCHER...... :
.Y, 3/09/2004 3/09/2004 H3 .600 : P.O. Code.... 11709 ·
·
3/09/2004 3/09/2004 H3 .600 : Project Code. :
4/20/2004 4/20/2004 H3 .600 : Final Payment F Liquid. :
4/20/2004 4/20/2004 H3 .600 : Type of 1099. M BOX. 07 Add1. :
4/20/2004 4/20/2004 H3 .600 : Fixed Asset.. Y :
, , 4/20/2004 4/20/2004 H3 .600 : Date Released 3/09/2004 :
5/U/2004 5/18/2004 A .600 : Date Cleared. 3/31/2004 :
, , 5/18/2004 5/18/2004 H3 .600 : F3=Exit F12=Cance1 :
------------------------- Use Acti : ·
·
Select Record(s) or Use Action Code . .
.................................................................................. ..
, -P11MlLWLIv
STEWART TITLE INSURANCE COMPANY
125 Baylis Road, Suite 201, MelvUle, New York 11747
631-501-9615 fax 631-501-9623
Tlt1eNo. ;¿Jj-~J - MJ-S1 Date ~Jc2'fIô5
FEE INSURANCE COVERAGE '.J59,M7.50 PREMIUM $ 19 () '1. t77)
FAIR MARKET VALUE RIDER PREMIUM
MORTGAGE INSIJRANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmentul
Waiver or Arbitration
Residential
AdJU!ltable Rate Rider
NEW YORK STATE TRANSFEWMANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mortgagor)
COMMUNITY PRESERVATION FUND
SURVEY INSPECTION
DEPARTMENTAL SEARCHES
STREET REPORT
BANKRUPTCY SEARCH
ESCROW DEPOSIT FEE
ESCROW DEPOSIT
RECORDING FE~: «SO.
( I ) DEED(S)
( ) SA TISF ACTION(S)
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENStON & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDA VIT(S)
( ) ASSIGNMENT(S)
..§d.
- J ,- tJ (/ ~ -
(/
TOTAL CHARGES $ £3$ ,~
CLOSER CHARGES. IF ANY: PICK-UP FEE
OTHER:
PATRICIA L. FALLON
Title Closer
f~':II'''''''''~'' TOWN OF SOUTHOLD '~;::" '\
'* ~'"-;-. ~l 53095 MAIN ROAD _ - _ _ _'., " ,...
') . '~~"t?i.. $OUTHOLD, NEW YORK 11971-0959 8/24/05 N~å2.7'1rG
.;. ~~.:.. TH~SU,*OL.K·to~NATIONALBANK
. . QUTêHOG,\..1I:.'N) 11935
.:. ~~-: DATE CHE"cK NO. AMOUNT
. ,
;~' 08/24/200'5 82712 $2,357.00
;;) TWO' THoúSÀN¡;¡ ·r.}!R~E' JiONDRED FIFTY SEVEN AND 00/100 DOLLARS
[.-..,
.:)
,~~ - : '.1 '.
::::.\ PAYTÔË3TEWÃ!i;'I': Tl'Ì''LÊ; INSURlmç;!': CO.
l\\~ä~~R .' ·.1i?::O~~Y:YI1? tl:QR>J], SUITE 2.01.
>:;f'~.:' MJ:::LyrLLE·NY 11747 -~"". ..
;v-' t._,. ... _~_, _,.
~U¡,:.':·' "':c,," I: ~
11'08277211' l:onI.OSI.f,I.I: f,3 000001. Oil'
VENDOR 019624 STEWART TITLE INSURANCE CO. 08/24/2005 CHECK 82772
"""'\
þ'TT1-TD f 7\Cr'QTlN'T' D 0 # T'J\nrrìTrR nRQ("PTD'T'T()'T\T ilM()TThT'T'
H3 .8660.2.600.100 11707 24-S-0057A TITLE INS-MANZI 1,907.00
H3 .8660.2.600.100 11707 24-S-0057B RECORDED DEED-MANZI 250.00
H3 .8660.2.600.100 11707 24-S-0057C CERT DEED COPY-MANZI 50.00
H3 .8660.2.600.100 11707 24-S-0057D TITLE UPDATE-MANZI 150.00
TOTAL 2,357.00
-f·: ~::_1~~~'~<;;!;r' '-
. ~;:,:;'~.,~;~tj;L;·',..: ~';'~'"
........ " .......,..,1."..... ~i.... . ......'
... ~,~-..--1;¡.r,- "-.'. -. - Ii
;.;:,"".W ~ '¡;~¡' :¡¡¡. ',.....'!ffi'.':!i; ". ¡ ">,
"~ ."'..:. ;;~ifj¡I'i' ~..
:,,4\ I ~ --f~.mr -..
':.~. .~, ií!.¡z.; ~t~i7;;Z;/;:;;::
'.~ ,~ -i:il. ''':.' ..... ..'1,~.ì~;.;~~.~.~~~~ ~-'f.i,.:, ,
~ .ß, *~'"~":'- , --'i::~'/.i_ ~ -- j':f~' ':
,>to ">¡;~' "tlr ..;-.. . ".'.
~,¡-1!.~,,) ,,' ::"a\~\...~~~ -, .~:~< ~/ 1.\'
.{ 'fj¡¡;,,: ,
?~f
- /
TOWN OF SOUTHOt.D . SOUTHOLD, NY 11971-0959
,"""'tiI" "
i-;'~II" "~~~ TOWN OF SOUTHOLD ~
¡g ~¡ '"
. . ',.. fi 53095 MAIN ROAD . . , . ,.' .
\~~+..~.~f 'SOUTHOLD, NEW YORK 11971.0959 8/24/0 5 N~à ;~IffrG
tHÈ s~'éouNÍ'l' NAnONAl BANK
. ,'c\JrCl-!OOyE N'V1T935
DATE CHECK NO. AMOUNT
.--;~ 08(24(2005 82770 $1(J0.OO
~ON8 HU}jJ)R¡;:P AND 60/1.00 DOLLA¡<:;S
.'.
,.
,'PAVTO 'P,A.T~IC~t\. F'A,LLöN
''';~~~R C/.O., ~pAM. J¡:RIEi.A*COlV!l'IONWEALTH ~...., ,~., .'. .', .... »..".'
. ,.T OF' RIVERJrJ¡:AD 'NY'11901 ...." .0,'.. .:".'-' "', . .
.' .' .... - ~: ~,,:.,:.:,.;,:~"'::?'.)F" .',,: J
11'08277011' I:OnI.OSl.bl.l: b3 000001. 0'"
VENDOR 006013 PATRICIA FALLON 08(24/2005 CHECK 82770
'\
:l7Tmb) ~ 7\C'COT1þTT D fî 1t T1\TìTí'lTr'R nRQrPTP'T'Tn't\T :ð.MnrTN'ì'
H3 .8660.2,600.100 24-S-0057 TITLE CLOSING-MANZI 100.00
TOTAL 100.00
." '--'_~>;-~>~¡;r~
,.;~t",: '::~:~'"
:~ ":::~~;,
"I........
~;}~4 '":.:<~;
- J".,:;',
r~:~! .,.,"t-?
-".";1 9--,
, liP. '..
~, '~q}':I-
~ /
TOWN OF SOUTHOt.D ' SOUTHOLD, NY 11971-0959
OFFICE LOCATION:
MELISSA A. SPIRO Town Hall Annex
LAND PRESERV AnON COORDINATOR 54375 State Route 25
melissa.spiro@town.southold.ny.us (comer of Main Road & Youngs A venue)
Telephone (631) 765-5711 Southold, New York
Facsimile (631) 765-6640 MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Horton
Town Board
Town Clerk
Land Preservation Committee
Town Attomey
Planning Board
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Suffolk County Division of Real Estate
From: MeLissa Spiro, Land Preservation Coordinator
Date: August 24, 2005
Re: JOSEPH G. MANZI, JR, IRREVOCABLE TRUST and VILLA AMOROSA. LLC
to TOWN OF SOUTHOLD
SCTM #1000-83-2-p/o 9.1
Please be advised that the Town has acquired the development rights on the agriculturaL farmland Listed
below. If you wouLd Like any additional information regarding the purchase, please feel free to contact me.
LOCATION: 13945 Oregon Road, Cutchogue
PROPERTY OWNERS: Joseph G. Manzi, Jr. IrrevocabLe Trust and Villa Amorosa, LLC
PURCHASE DATE: Closing took place August 24, 2005
PURCHASE PRICE: $359,047.50 (based on 14.655 buildable acres @ $24,500/acre)
EASEMENT AREA: 17.02 acres (incLudes 2.34 acres subdivision open space and 0.025
acre beach access for residentiaL lots in conservation subdivision)
FUNDING: Community Preservation Funds
MISCELLANEOUS: This property is part of a conselVation subdivision that received final
approved from the Planning Board on June 13, 2005, dividing the 25.79
acre parceL into ParceL 1 (136,244 sq. ft.); Parcel 2 (81,016 sq. ft.);
Parcel 3 (75,738 sq. ft.); Parcel 4 (70,388 sq. ft.); and Parcel 5 (17.02
acres). This property is Listed in the Town's Community Preservation
Project Plan.