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HomeMy WebLinkAboutShalvey, Russo, Blados & Shalvey Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCA nON: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERV ATlON COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED To: Elizabeth A. Neville Town Clerk AUG 1 8 2006 From: Melanie Doroski Administrative Assistant SOUI\lO\t\ lc,viO Clerk Date: August 17, 2006 Re: SHALVEY. RUSSO. BLADOS & SHALVEY to TOWN OF SOUTHOLD Development Rights Easement - 16.4307 acres SCTM #1000-84-2-2.4 (f/kla SCTM #1000-84-2-po 2.1) Location: 5200 Bridge Lane, 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 June 15,2006. between Thomas L. Shalvey, Jr. and Catherine S. Russo, as Co-Executors of the Estate of Thomas L. Shalvey. Sr., Dorothy Shalvey and Frank A. Blados, Jr. and the Town of Southold, recorded in the Suffolk County Clerk's office on 7/12/06, in Liber D00012458 at Page 923 . Original title insurance policy no. 0-8831-369047 issued by Stewart Title Insurance Company (title #ST-S-6677) on June 15, 2006, in the insured amount of $813,592.00 . Closing Statement Thank you. Melanie encs. cc: Assessors wI copy of recorded deed Jack Sherwood wI copy of recorded deed and survey map Town Board wlo encs. l.: 1111111111/1111111111111111/1111 111/111111 ~IIIIIIIIIII 1111/1111111/111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of J:nstrument: EASEMENT lOOP Number of Pages: 17 Receipt Number : 06-0067196 TRANSFER TAX NUMBER: 05-45462 Recorded: At: 07/12/2006 12:20:00 PM LIBER: PAGE: D00012458 923 District: 1000 Section: Block: 084.00 02.00 EXAMJ:NED AND CHARGED AS FOLLOWS $813,592.00 Lot: 002.004 Deed Amount: Received the FOllowing Fees For Above J:nstrument Exempt Exempt Page/Filing $51.00 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 $11.05 NO RPT $30.00 NO SCTH $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $122.05 TRANSFER TAX NUMBER: 05-45462 THJ:S PAGE J:S A PART OF THE J:NSTRUMENT THJ:S J:S NOT A BJ:LL Judith A. Pascale County Clerk, Suffolk County [5)HI!:~H~ lfIl AUG 1 7 2006 l!dJ DEPT. OF LAND PRESERVATION ,I,' t I ~ . [!][i] RECOR[.E(> 2006 Jul 12 12:20:00 PM Judith A. Pascale CLERK OF SUFFOU( COUNT'! L D00012458 P 923 DTlI 05-45462 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Handling 5. 00 r TP-584 Notation (PI EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. ,-~O&D Comm. of Ed. 5. 00 Affidavit / /1 O~ ,--- NYS Surc arge 15. 00 Sub Total Other Grand Total Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or Spec. /Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for Appointme~ Transfer Tax '~F- 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. 1000 08400 0200 002004 5 Community Preservation Fund --- Real Property Tax Service Agency Verification Consideration Amount $ CPF Tax Due $ Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TO ~ uuU TD Lisa Clare Kombrink 235 Hampton Road, 2nd Floor Southampton, NY 11968 TD 7 Title Com an Information Co. Name S~AeT Ti T e Title # S - -6~ 7 Suffolk Count Recordin & Endorsement Pa e 8 ~J..jlAc.s, Si-IALVey , . . AN/; SHALVEj This pageforms part of the attached GMN7' aF' /JcvEZ-IJf1#Jc7v'T /!/t:/h3 &SFmE7V7 made by: (SPECIFY TYPE OF INSTRUMENT) .(p~). . 12u.r S 0 The premises herein is situated in . SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of & "1?' II at: Clc BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. TO fillJl.) ~F Sdl.[11/tiLlJ S41.i'TIkJ.f) (over) <I . . ' 1 1 IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE. please be aware of the following: If a portion of your monthly mortgage payment included your property taxes. 'you will now need to contact your local Town Tax Receiver so that you mav be billed directlv for all future orooerty tax statements. Local property taxes are payable twice a year: on or before January 10th and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrtse Highway North Lindenhurst. N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead. N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson. N.Y. 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island. N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton. N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown. N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington. N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton. N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip. N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold. N.Y. 11971 (631) 765-1803 Sincerely. ~I: ~l"''-~ Edward P. Romaine Suffolk County Clerk dw 2/99 12-0104:: 07(02cg .. -r' S"f. . GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of 1Sf:!::. 2006 at Southold, New York. The parties are THOMAS L. SHALVEY, JR. and CATHERINE S. RUSSO, as Co-Executors of the Estate of f' Thomas L. Shalvey, S~ .PQJi2THY"SHALVEY and FRANK A. BLADOS, JR., c/o Tom Shalvey Jr. P.B'. gel)( JB.~utchogue, NY 11935 (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"). -r-, ____ SA I "R#.C4"'f,/", /l"iA5' "" ft0 Tf2us-r€:.E- d, H-<- ])0 vo ri-y eG v€- I INfRODUCTION 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# 1000-84-2-2.1 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by John C. Ehlers Land Surveyor, dated 4/6/06 and last revised 5/1/06, 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 for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for row crops; 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 Southold, 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 agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any 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; . .- " oj Stewart Title Insuran<?e Company Title No: 81'-8-6677 Schedule A Description (AMENDED 6/14/06) ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the East Side of Bridge Lane which marks the Southwest corner of premises described herein, which said point is located North 46 degrees 39 minutes 40 seconds West 295.40 from the Northerly end of an arc of curve connecting the Northerly side of Middle Road (CR 48) with the Easterly side of Bridge Lane, as measured along said Easterly side of Bridge Lane; RUNNING THENCE North 46 degrees 39 minutes 40 seconds West along the East side of Bridge Lane 1366.84 feet to an iron pipe and lands now or formerly Jane J. Krupski, Stanley W. Krupski and Stephen T. Krupski; THENCE North 47 degrees 52 minutes 30 seconds East along said last mentioned lands 544.55 feet to an iron pipe and lands now or formerly WJK, LP; THENCE South 45 degrees 42 minutes 30 seconds East along said lands now or formerly WJK, LP 1323.96 feet to the "Reserve Parcel"; THENCE South 43 degrees 20 minutes 20 seconds West along said "Reserve Parcel" 520.83 feet to the East side of Bridge Lane, the 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. ..,' " SCHEDULE A-I "AGRICULTURAL STRUCTURE AREA" ALL that certain plot, piece or parcel of land, sitnate, lying and being at Cutchogne, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEG INNING at a point which marks the Southwest comer of premises desribed herein distant, which said point is located North 46 degrees 39 minutes 40 seconds West 295.40 feet from the Northerly end of an arc of curve connecting the Northerly side of Middle Road (CR 48) with the Easterly side of Bridge Lane, as measured along said Easterly side of Bridge Lane, and North 43 degrees 20minutes 20 seconds East 212.72 feet; AND from said true point or place of beginning running thence North 45 degrees 42 minutes 30 seconds West 521.08 feet; THENCE North 44 degrees 17 minutes 30 seconds East 308.07 feet; THENCE South 45 degrees 42 minutes 30 seconds East 515.96 feet; THENCE South 43 degrees 20 minutes 20 seconds West 308.11 feet to the true 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. 0" l' " NOW THEREFORE, in consideration of EIGHT HUNDRED AND THIRTEEN THOUSAND FIVE HUNDRED AND NINETY TWO Dollars ($813,592.00) 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 Warrantv 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 agricultural lands, open spaces and natural or scenic resources. 0.03 Puroose 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 Recoonition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through 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. .' TT . ' 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 4/6/06 last revised 5/1/06 prepared John C. Ehlers Land Surveyor, and a Phase 1 Environmental Site Assessment dated 4/25/06 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 Tvoe 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 use other than agricultural production as that term is presently referenced in 9247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code of the Town of Southold (the "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agricultural and Markets Law, now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use which is permitted under the current law and/or 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 every one 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 approved conservation practices of the U.S. Department of Agriculture's National Resource Conservation Service, 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 or in connection with necessary drainage or soil conservation programs, 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, or in connection with normal agricultural/horticultural activities, 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 Dumoinq 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, composting and crop removal. 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 and the character of the business conducted thereon, (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) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 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 any 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. 3.07 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. 3.08 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. 3.09 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. 3.10 Development Riohts 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 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, State, or federal law. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary 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 or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Aoricultural 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, and as defined in Section 1.02. 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, including drainage improvement structures, provided such structures are necessary for or reasonable to agricultural production and located in the "agricultural structure area" designated on the survey prepared by John C. Ehlers Land Surveyor, dated 4/6/06, last revised 5/1/06, further described in the Schedule "l:A-1 attached and made a part of this easement; (Hi) Renovation, maintenance and repairs of structures built or permitted pursuant to this Section 4.06. (iv) The one and one-half story "frame farm building" as shown on the survey referenced in A(ii) of this Section and located outside the "agricultural structure area" shall be limited to agricultural use; residential use shall be prohibited. 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 the construction of any permanent or temporary structures as provided in Section 4.06 herein requiring permit or approval and shall file all necessary applications for approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 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, Iiber 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 subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. 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, all of which shall be reasonable in amount and actually adjudicated arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions and not caused by Grantee 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, all of which shall be reasonable in amount and actually adjudicated, 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 from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reauirement 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, not more frequently than annually, 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, earth movement, wind, weather 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 or crops, livestock or livestock products 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 agricultural 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. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 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 6.04. 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 three business days after 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 Extinquishment/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 limitations 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 Understanding 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 Severabilitv 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 invalid, 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, or to use images of the property for commercial gain. 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: DOROTHY SHALVEY REV LVEY BY: ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD(Grantee) ~d~~~ Scott A. Russell Supervisor BY: STATE OF NEW YORK ) COUNTY OF SUFFOLK ) 55: " On this /$iiday of ~ in the year 2006 before me, the undersigned, personally appeared THOMAS SHALVEY, JR., 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. /JJJ;b.:Uj-L f. ~ Notary Public STATE OF NEW YORK COUNTY OF SUFFOLK ) ) SS: PATRICIA L. FALLON Notary Public, State 0f New York No. 01 FA4950146 Qualified In Suffolk Co~nty '" ,'rl/ 7 Commiasion Expires Apnl 24, <>""V On this /S1Iday of 9JJA...( in the year 2006 before me, the undersigned, personally appeared CATHERINE S. Ifusso 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. fJl1n';'JJ. of. ~llA_ Notary Public STATE OF NEW YORK COUNTY OF SUFFOLK ) ) SS: PATRICIA L. FALLON Notary Public, State 0f New York No.01FA4950146 Qualified In Suffolk County Commiasion Expires Apnl 24, m7 On this /st/Yday Of~ in the year 2006 before me, the undersigned, personally appeared FRANK A. BLADOS, JR. 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. fJlliJ.J.tiL f.~!h f~ Notary Public PATRICIA L. FALLON Notary Public, State 0f New York No.01FA4950146 STATE OF NEW YORK ) Qualified In Suffolk County /} ~ 7 COUNTY OF SUFFOLK ) ss: Commiasion Expires Apnl 24, oU/ U On this ~fhJay of ~ in the year 2006 before me, the undersigned, personally appeared DOROTH~ SHALVEY 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. fJdUI~ i ~ Notary Public PATRICIA L. FALLON Notary Public, State 0f New York No. 01 FA4950146 STATE OF NEW YORK ) Qualified in Suffolk County COUNTY OF SUFFOLK ) SS: Commiasion Expires April 24, clnJ7 On this jJ~ay of 1~ in the year 2006 before me, the undersigned, personally appeared Scott A. Russell, 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. ./LUi.tfp~ 'I...~ Notary Public PATRICIA L. FALLON Notary Public, State 0f New York No. 01 FA4950146 Qualified In Suffolk County Commiasion Expires April 24, ~? , . . For use outside New York State: State, District of Columbia, Territory, Possession, or ) Foreig n Cou ntry ) 55: On the day of in the year 2006 before me, the undersigned, personally appeared , 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), that be 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, and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.) C:\Documents and Settings\Anne\My Documents\Anne\Town of Southold Deeds of Development Rights\Shalvey Grant of Development Rights Easement changes highlighted.doc ALTA OWNER'S POLICY - 10-17-92 .':~~:~:~~i\~ -~------. -,/~ ;"d- .. , i~i ! ~ i) ((I... ..S: '.J). { ], :.'., ~ i)" . 1.' . V' \!! )~" (I, ~,. .~ ,~:, "I " r ~ ~ II 1'1 I' T ~:: ~ II, e, , POLICY OF TITLE INSURANCE ISSUED BY STE~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 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 titie; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as 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 Schedule A. STEWART TITLE@ INSORA~CR COMPANY Countersigned by: Ll(:)~- ~ V~r'::ent 1 J.actJ Cl LA Secretary EXCLUSIONS FROM COVERAGE The foliowing motte~ ore expressly excluded from the coveroge of this policy ond the Company will not poy loss or domoge, cos~, attorneys' fees or expenses which orise by reoson of I. (0) Any low, ordinance or governmental regulotion (including but not iimited to building ond zoning lows, ordinonces, or regulations) restricting, reguloting, prohibiting or reloting to (i) the occuponcy, use, or enioyment of the lond; (ii) the chorocter, dimensions or locotion of any improvement now or hereafter erected on the land; (Iii) 0 seporotion in ownership or 0 chonge in the dimensions or oreo of the lond or ony porcel of which the lond is or was 0 port; or (iv) environmentol protection, or the effect of ony violation of these lows, ordinances or governmentol regulotions, except to the extent that 0 notice of the enforcement thereof or 0 notice of 0 defect, lien or encumbronce resulting from 0 violation or alleged violation affecting the land has been recorded in the public records 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 defect, lien or encumbronce resulting from 0 violotion or alleged violation offecting the land has been recorded in the public records at Dote of Policy. 2. Righ~ of eminent domoin unless notice of the exercise thereof has been recorded in the public records ot Dote of Policy, but not excluding from coveroge ony toking which has occurred prior to Dote of Policy which would be binding on the rights of 0 purchaser for value without knowledge. 3. Defects, liens, encumbronces, odverse claims or other motte~, (0) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Compo ny, not recorded in the public records at Dote of Policy, but known to the insured claimant and not disclosed in writing to the Com pony by the insured c1oimont prior to the dote the insured c1oimont become on insure dunderthispolicy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creoted subsequent to Dote of Policy; or (e) resulting in ioss or damage which would not hove been sustained if the insured claimant hod poid value for the estate or interest insured by this policy. 4. Any claim which orises out of the tronsoction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federol bonkruptcy, state insolvency, or similor creditors' righ~lows, that is based on, (0) thetronsaction creating the estate or interest insured by this policy being deemed o froudulent conveyance orfroudulenttronsfer; or (b) the tronsaction creating the estate or interest insured by this policy being deemed 0 preferentiol trons!er except where the preferential tronsfer resul~ from the failure, (i) to timely record the instrumentoftronsfer; or (ii) of such lecordotion to import notice to 0 purchaser for value or 0 ludgmentollien creditor. 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(q) .sJOIsalJOsAJO"npIJJOaloJOdJO' JO 'Ul1 jO jXau 'saAlloluas"d" 10uosJad 'SJOAIAlnS 'loaslAap 'saalnq!'IS!p '\119Y '01 pal!WII 10U)nq 'fiu!pnpulasoy)Jnd wou paysmBu!IIIPSOMOljO UOIlo"doAq p"nsul pawou aYljO ISaJalul aYI 01 poallns OyM asoYI 'p"nlul pawDu aYI ISU!ofio pDy aAoy PIOOM Auodwo) aYI sasu'Jap JOSlyfip Auo olPalqnl 'puo 'yalnpaylS uI pawou p"nlul aYI '"p"nsul" (0) 'unaw Al'lod S!yl uI pasn uaYM SW"I fiUIMOIIOj aYl "SWlI3lJO NOIIINIHO 'L SNOIlVlndllS (lNV SNOIlI(lNO:J . ALTAOWNER'S POLICY SCHEDULE A Title No.: ST-S-6677 Policy No.: 0-8831-369047 Date of Policy: June IS, 2006 Amount ofInsurance: $813,592.00 1. Name ofInsured: County: Suffolk Town of South hold 2. The estate or interest in the land described herein and which is covered by this policy is: Easement 3. Title to the estate or interest in the land is vested in: Town of South hold, who acquired Developmental Rights by virtue ofa deed from Frank A. Blados. Jr. as heir at law of Agnes Blados & Frank A. Blados Sr. (1I3rd interest) and Dorothy Shalvey,as Trustee of the Dorothy Shalvey Revocable Trust dated 6/12/03 (1/3rd interest) and Catherine Russo & Thomas Shalvey,Jr.,as Co-Executors of the Estate of Thomas L. Shalvey (1I3rd interest), by deed dated 6/15/2006 and to be recorded in the Suffolk County Clerk's/Register'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: 084.00 Block: 02.00 Lot: 002.001, Vacant Land; 16.5 acres 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY ALTAOwNER'SPOLlCV SCHEDULE B Title No.: ST-S-6677 Policy No 0-8831-369047 EXCEPTIONS FROM COVERAGE This policy does not insure against Joss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Policy will elCCept the terms and conditions of the Grant of Development Rights Easement to be executed by th.e Grantor(s) and the Town of Southold. 2. Declaration of Covenants aod Restrictions recorded in Liber 1 J 567 Page 145. 3. Street Taking and Easement recorded in Liber 5752 Page 70 an.d Libcr 5830 Page 236. 4. Survey by John C. Ehlers last dated 5/1/2006 shows premises improved by a 1 Y. story frame building; 60 foot wide LIP A Easement traverses premises to electric towers on premises; well located. NOTE: OTHER OVERHEAD WIRES AND DIRT FARM ROADS LIE OUTSJDE PREMISES DESCRIBED HEREIN. AGRICULTURAL STRUCTURE AREA INCLUDED IN ACREAGE DESCRIBED IN SCHEDULE A HEREIN. 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company Title No: ST-S-6677 Schedule A Description (AMENDED 6/14/06) ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the East Side of Bridge Lane which marks the Southwest comer of premises described herein, which said point is located North 46 degrees 39 minutes 40 seconds West 295.40 from the Northerly end of an arc of curve connecting the Northerly side of Middle Road (CR 48) with the Easterly side of Bridge Lane, as measured along said Easterly side of Bridge Lane; RUNNING THENCE North 46 degrees 39 minutes 40 seconds West along the East side of Bridge Lane 1366.84 feet to an iron pipe and lands now or formerly Jane 1. Krupski, Stanley W. Krupski and Stephen T. Krupski; THENCE North 47 degrees 52 minutes 30 seconds East along said last mentioned lands 544.55 feet to an iron pipe and lands now or formerly WJK, LP; THENCE South 45 degrees 42 minutes 30 seconds East along said lands now or formerly WJK, LP 1323.96 feet to the "Reserve Parcel"; THENCE South 43 degrees 20 minutes 20 seconds West along said "Reserve Parcel" 520.83 feet to the East side of Bridge Lane, the 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. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST-S-6677 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 369047 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material 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 ofthe Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on June 15,2006 STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company 1\. /,...- 'a~ ecretary c;.- ~'5fJ\ , ~ Authorized Office or Agent - Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville, Ncw York 11747 Agent No,: 327005 STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTAOWNER'S POLICY (10/17/92) CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) Upon the exercise by the Company of either of the options provided for In parogrophs (b)(i)or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the paymen~ required to be mode, sholl lerminale, including any liobilityorabligaliantodefend,prosecutearcontinueanylitigalion. 7. DETERMINATION, EXTENT Of LIABILITY AND COINSURANCE. This policy iso controct of indemnity against actual monetary loss or damage sustailled or incurred by the insured claimant who has suffered loss or damage by reo sail of lOaners insured against by this policy and only to the extent herein describe d. (0) The liability of the Company under this policy sholl not exceed the leaslaf (i) the Amount of Insuroncestated in Schedule A; or, (ii) the difference between the value of the insured estate or interest os insured and the value of the insured estate or interest subject to the defect, lien or encumbronce insured against by this policy. (b) In the event the Amount of Insuronce stated in Schedule A at the Dote of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the estate or interest, whichever is less, or if subsequent to the Dote of Policy on improvement is erected on the land which increases the value of the insured estale or interesl by at least 20 percent over the Amount of Insuronce stated in Schedule A, then this Policy is subiect to the following: (i) where no subsequent improvement has been mode, os to any partial loss, Ihe Company sholl only pay the loss pro rota in the proportion that the amount of insuronce at Dote of Policy bears to the total value of the insured estate or interes tot Dote of Policy; or (ii) where 0 subsequent improvement has been mode, os to any portiolloss, the Company sholl only pay the loss pro rota in the proportion that 120 percent of the Amount of Insuronce stated in Schedule A bears to the sum of the Amount of Insuronce staled in Schedule A and the amount expended for the improvement. The provisions of this paragraph sholl not oppfy to cos~, onomeys' fees and expenses for which the Company is liable under this policy, and sholl only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insuronce stated in Schedule A. (c) The Company will pay only those cos~, onomey's fees and expenses incurred in oecordonce with Section 4 of these Conditions and Stipulonons. 8 APPORTIONMENT. If the land described in Schedule A consis~ of two or more parcels which are not used os o single site, ondo loss is established affecting onear more of the parcels but not 011, the loss sholl be computed and senled on 0 pro rota basis os if the amount of insuronce under this policy was divided pro rota os to the value on Dote of Policy of each separate parcel to the whole, exclusive of any improvements mode subsequent to Dote of Policy, unless 0 liability or value has otherwise been agreed upon os to each parcel by the Company and the insured at the time of the issuance of this policy and shown by on express statement or by on endorsementonoched to this policy. 9. LIMITATION Of LIABILITY. (0) If the Company establishes the ntle, or removes the alleged defect, lien or encumbronce, or cures the lock of 0 right of access to or from the land, or cures the claim of unmarketobility of title, 011 os insured, in 0 reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it sholl hove fully performed i~ obligations with respect to thot moner ond sholl not be lioble for ony loss or domoge coused thereby. (b) In the event of ony litigotion, including litigotion by the Company ar with the Compo ny's consent, the Com pony sholl hove no liobility for loss ar domoge until there hos been 0 linol determinotion by 0 court of competent jurisdiction, ond disposition of 011 oppeols therefrom, adverse to the title os insured. (c) The Company sholl not be liable for loss or damage to any insured for liability voluntarily ossumed by the insured in senling any claim or suit without the priar wrinen consent of the Company. 10. REDUCTION Of INSURANCE; REDUCTION OR TERMINATION Of LIABILITY. All payments under this policy, except payments mode for cos~, onomeys' fees and expenses, sholl reduce the amount of the insuronce pro tanto. II. LIABILITY NONCUMUlATIVE. It is expressly understood that the amount of insuronce under this policy sholl be reduced by any amount the Company moy pay under any policy insuring 0 mortgage to which exception is token in Schedule B or to which the insured has agreed, ollumed, or token subiect, or which is hereofter executed byon insured and which is 0 charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid sholl be deemed 0 payment under this policy to the insured owner. 12. PAYMENT OfLOSS. (a) No payment sholl be mode without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which cose proof of lOll ar destruction sholl befumished to thesotisfoction oftheCompony. (b) When liability and the extent of loss or damage has been definilely fixed in accordance wilh these Conditions and Stipulations, the loss or damage sholl be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (0) The Componys Right of Subrogonon. Whenever the Company sholl hove senled and paid 0 claim under this policy, 011 right of subrogation sholl vest in the Company unaffected by any oct of the insured claimant. The Company sholl besubrogotedtoondbeentitledtoollrigh~ondremedieswhichthe insured claimant would hove hod against any person or property in respect to the claim hod this policy not been issued. If requested by the Company, the insured claimant sholl tronsfer to the Company 011 rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant sholl permit the Company to sue, compromise or senle in the nome of the insured claimant and to use the nome of the insured cloimontinonytronsoction or litigation involving these rights or remedies. If 0 payment on account of 0 claim does not fully cover the loss of the insured claimant, the Company sholl be subrogated to these righ~ond remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any oct of the insured claimant, os stated above, that oct sholl not void this policy, but the Company, in that event, sholl be required to pay only that port of any losses insured against by this policy which sholl 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 Componys Rig~ Agoinst Non-insured Obligors. The Company's right of subrogation against non-insured obligors sholl exist and sholl include, without limitation, the rights of the insured to indemnities, guoronties, other policies of insuronce or bonds, notwithstanding any terms or conditions contained in those instrumen~ which provide for subrogation righ~ by reason of this policy. 14. ARBITRATION Unless prohibited by opplicoble low, either the Company or the insured may demand orbitrotion pursuant to the Title Insurance Arbitrotian Rules of the Americon Arbitrotion Association. Arbitroble lOaners may include, but ore not limited to, any controversy ar claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with i~ illuonce or the breach of 0 policy provision or other obligation. All orbitroble maners, when the Amount of Insuronce is Sl,OOO,OOO or less sholl be arbitroted at the option of either the Company or the insured. All arbitrable lOaners when the Amount of Insuronce is in excess of SI,OOO,OOO sholl be arbitrated only when agreed to by both the Company and the insured. Arbitrotion pursuant to this policy and under the Rules in effect on the dote the demand forarbitrotion is mode ar, at the option of the insured, the Rules in effect at Dote of Policy sholl be binding upon the parties. The award may include onomeys' fees only if the lows of the state in which the land is locoted permit 0 court to award onomeys' fees to 0 prevailing party. Judgment upon the oword rendered by the Arbitrotor(s) may be entered in any court having jurisdiction thereof. The low of the situs of the land sholl apply to on orbitrotion under the Title Insuronce Arbitrotion Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (0) This policy together with 011 endorsemen~, if any, onoched hereto by the Company is the entire policy and controct between the insured and the Company. In interpreting any provision of this policy, this policy sholl be construed asawhale. (b) Any claim of lOll or damage, whether or not based on negligence, and which arises out of the status of the tilfe to the estate or interest covered hereby or by any action asserting such claim, sholl be restricted to this policy. (c) No amendment of ar endorsement to this policy con be mode except by 0 writing endorsed hereon or onoched hereto signed by either the President, 0 Vice President, the Secretory, on Assistant Secretory, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceoble under applicable low, the policy sholl be deemed not to include that provision and 011 other provisions sholl remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any ~otement in writing required to be fumished the Company sholl include the number of this policy and sholl be addressed to the Company at 300 East 42nd Street, New Yor~ New York 10017. STEWART TITLE@ INSURANCE COMPANY ~, ~'-'i~'}~ _ :;~g<>~C::_ ~2\-r" . . .~. ;~ . ') Ii:';:f i':~;1 ~l,! 11,1'1' "~d 'O;'l' il~:'! INsURANCE COMPANY STEWART TITLE@ POLICY OF TITLE INSURANCE INSURANCE COMPANY STEWART TITLE@ ::~~~"'t'i.A."'}~ ~~,~."",,~0-i' "~. .' -;..I ic:':if '!:~:I ~:~,! ;,(;,1;, ;~y IIAYl 'I; V 'I' "A'" !I;V:,! i,l,;, 1,1." !,v,! ~O;'! '(I;"t:::lI ~~:I ';..f;J\) ~ INSURANCE COMPANY STEWART TITLE@ POLICY OF TITLE INSURANCE INSURANCE COMPANY STEWART TITLE@ STEWART TITLE@ t INSURANCE COMPANY POLICY OF TITLE INSURANCE STEWART TITLE@ INSVRANCE COMPANY 300 East 42nd Street New York, New York 10017 CLOSING STATEMENT THOMAS L. SHALVEY, JR. and CATHERINE RUSSO, as Executors of the Estate of Thomas L. Shalvey, Sr., DOROTHY SHALVEY and FRANK BLADOS, JR. to TOWN OF SOUTHOLD Development Rights Easement - 16.4307 acres 15.6460 buildable acres @ $52,000/acre Premises: 5200 Bridge Lane, Cutchogue Total Parcel Acreage -19.9356 acres SCTM #1000-84-2-p/o 2.1 Closing held on Thursday, June 15, 2006 at 10:00 a.m., Land Preservation Department, Southold Town Hall Annex Purchase Price of $813,592.00 disbursed as follows: Payable to Estate of Thomas L. Shalvey Check #86551 (6/15/06) $ 271,197.34 Payable to Frank A. Blados Check #86553 (6/15/06) $ 271,197.33 Payable to Dorothy Shalvey, as Trustee Check #86550 (6/15/06) $ 271,197.33 Expenses of Closing: Appraisal Payable to Given Associates, LLC Check #81138 (4/26/05) $ 2,500.00 Survey Payable to John C. Ehlers Land Surveyor Check #86016 (5/9/06) $ 4,800.00 Environmental Report Payable to Nelson, Pope & Voorhis, llC Check #86661 (6/20/06) $ 1,300.00 Title Report Payable to Stewart Title Insurance Company Check #86554 (6/15/06) $ 4,017.00 Fee Insurance Recording Easement Certified Easement $ 3,767.00 $ 200.00 $ 50.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #86552 (6/15/06) $ 100.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Southold Town Supervisor Attorney for Town of Southold Thomas L. Shalvey, Jr. Catherine Russo Abigail A. Wickham, Esq. Co-Executor/Seller Co-Executor/Seller Attorney for Estate of Thomas L. Shalvey Dorothy Shalvey Frank A. Blados, Jr. Richard lark, Esq. Trustee/Seller Seller Attorney for Sellers Vera Doroski Friend of family Patricia Fallon Melissa Spiro Melanie Doroski Title Company Closer land Preservation Coordinator land Preservation Administrative Asst TOWN OF SOUl'HOLD . SOUTHO~~~~~A~~:~~971'0959 . . lljds,;CLQS;IJ:'1G 0 $6'55;1 :NO. ..., ':ri<'stiffl>ll<owmli<ilbN.lt._ '_;:':,f~,I.f;~~~~~_~1~~ "'" 50.$46 '" DATE . : 'A"'Q~NT' " "' " ,,' .-; '",,' 'c, .':::'; \< : ~,:'-:H{;' :,:;3,:/ ;~;;-_:,'Z ;c::-:: ';<' ~:: >:,:,,:. j. I', ~~,~>; ',' ';':;; ;':, ~::':.',- , ...' ,06/1,s/2.QD6,.;.,. l?~',s?;J".: :.Ai27), il~'J,,34 SEVENTY oim THOUSAND ONE HUNDEED NINJR'IJr :'S~'9'E:~ 'l>NP:.l,4/1'091)OI;.Lt\.RS , PAY TO tHE ORDER .OF ESTATE OF TW)MAS L. SHALVEY C/O TOM SAAI"VEy PO BOX 911 ' ' SOUTHOLD NY 11971 ..~...... ".: "", .~ i,p#. " , P," ." " " ~,. ".,'" ,_ ,,_ .,'," L' _.... "_" ,. ,'.' d,., ", _._"... ,.., "....,., ./ M",' \.... 1I'08bSSl.lI'I:021.l,oSl,bl,l: b:1 00000 l, Dil" VENDOR 011901 ESTATE OF THOMAS L. SHALVEY ,r 06/15/2006 CHECK 86551 " ~TThTn ~ 2l00(]TThT'T' p 0 # J:T\T\TOIC'J;: DilSC~IPTIO~T 7\ MOTJNT H3 .8660.2.600.100 TBR344 061506 DEV RIGHTS-16.43 271,197.34 TOTAL 271,197.34 '- ./ TOWN OF SOUTHOLD . SOUTHOLD, NY 11971,0959 TOWN.OF.SOUTHOLD '" 50,546 214 I} j::;;: W}~'f{: T~ ~~; ;ii ~\~::~;.; ~ W~i7:;2~~\~i:~:i TIl"~:!J:1li~::;\~~#~ ~,:~~:l~.:y~~~':i:;':,~,::;;?~,,:\,: I) ~~~hl, :~;,(,f,i, ::+:!H :;:~~W, 50L~(V' :S~'u:; ~;~::i\t ~n:,> :L ~.. "j'! ...;.., (I> "'''~F' ..,~',., it! :.:" !~i"~"~ i\( ,",,~r. ('I- ,,"'d-",',-",; ':'" "''':',''''',;';0' '~,',;; , ".; .fi;ii"'.;....~"~w..'''';!,'~T'.v,'..,'.','''; '."N' 'f:, . " "Wvv. ,~..,-" 'qp",,"'''''''' '" '" '" TJiOUS~D' t~!;l\i:i:'j;!l\;~;\,~\;:j~:Jj~;;/;~,;\!!~{!.;"",' ,', . ,'''';I'''''!!' '!!;!:'T:i~;';:;Y"""~'i~",' ..I" R .,\;;:,piVIP!,;'";flrn:\';l~,.?l,~'~&f;:I;l,g;:; .' II " ", ,., '\1'lc ,,""t.~fi '!f"M"~ illY: "HP!<~B' i>''';:'''/;\ ,'" !'" If1j:,. ",,,,,,,.,0. ""..,:\1Q, ,1$Q,]\:. .\il,l1", " ,. ;iW ' ii;s<:jiJitlf0~D l>tY Jl.97l. \l1;~~::\ "~:~;;- :1 >:,;;, - j- j' '. . .,', 53095 MAIN ROAD '. 'SOUTHOLD, NEW YORK 11971.0959' 6/15 ,CLQSING, 086553 NO. OATS ; GHECK NO, ::1l:iEs~,6OuNTY#AlJotW..BANK .,' CLiTqHQGUE.: NY 11936 :' AMOUNT .$271,197.33. 33/100 DOI"LARS ., . . .06hs/2006, .. O~& HUNbREb.NINETy ,',8.6553 SEVEN AND :.<;'" ~<Z~ ~ ./ 1I'08b S S:lII' 1:0 ~ ~l,0 Sl,bl,l: b:l 00000l, Oil' VENDOR 002316 FRANK A BLADOS JR. r 06/15/2006 CHECK 86553 " t:O'TThTn A. nrYV1TThT'T' P 0 it Tr-T'iTO!C'~ D~S:C'~IPTIO:N ~.140T :CWT H3 .8660.2.600.100 TBR344 061506 DEV RIGHTS-16.43 271,197.33 TOTAL 271,197.33 '- .J TOWN OF SOUTHOLD . SOUTHOLD, NY 11971.0959 ONE . .. .. .. " .,.. '-.. .'.. .. '." ,,~.' ," '. ,-' .'.. .." , ....~... . .....-...'.,...'..,.,... ,","," .......... ", ,-,.,'-. .,' ..". <" - -'<) '-- .<' -,- ......... " '. :.... ",' --, -', ,'" ",. '~. ".;:;':-.::',:,:_;:,_:'"\';,-~,.,,..',:::- ;::,: ~:':''':'~''J':,':':::~:'~C ;"j~ ,.., ," <> ~" . " ., ". J TOWN OF sbmnot:6;,' : '53095 MAIN f1tlAD ~,' ,:,'0 ", 'SOUTHOU:i: NE\<JVoRK',l 1971'0959; ,. '-,;.'i . PAYT^ li'<I'''' . ' ORDER q~' .. :'b(i:&OTHY'SHAINEY AS TRUSTEE 'C}ij'f.0f-1' B~LVEY .~O ::R:O~911 iiOTJTH.OLD NY 11971 M" .. .. ~.. ';" ; (: 11'081;55011' 1:02~1,051,1;1,1: I; 3 000001, Oil' VENDOR r FTJND N 019185 DOROTHY SHALVEY AS TRUSTEE 06/15/2006 CHECK 86550 " Il-rr01JN1' p n II TNvnTrR nPQ0RTP'T'Tnl\T n MrlTThTT H3 .8660.2.600.100 TBR344 061506 DEV RIGHTS-16.43 271,197.33 TOTAL 271,197.33 '- -' TOWN OF SOUTHOLD . SOUTHOLD, NY 11971.0959 ~GIVEN ASS 0 C I A T f S PATRICK A. GIVEN, SRPA box 5305 . 550 route 111 . hauppauge, n.y. 11788-0306 (631) 360.3474 FAX 360.3622 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, NY 11971-0959 March 30, 2005 Appraisal of Property of Dorothy Shalvey Located North side of Bridge Lane, Cutchogue, NY S.C.T.M. #1000-95-1-5 File# 2005042 $2,500.00 ~iF:\ L)i '. < , ril' 'u (CI i,~ r ~I! rs ~ \0 U:l lJ 0J l!; j ~:R;~-:;;-] ~ real estate appraisers and consultants DEPT. Of lAND PRESERVWON GLI08S 20 View 1 Vendor.. 007416 Y=Select JE Date Trx.Date Fund Account ----------------------------- Begi 4/12/2005 4/12/2005 H3 .600 4/12/2005 4/12/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 X 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 5/10/2005 5/10/2005 H3 .600 5/10/2005 5/10/2005 H3 .600 7/05/2005 7/05/2005 H3 .600 9/13/2005 9/13/2005 H3 .600 10/25/2005 10/25/2005 H3 .600 10/25/2005 10/25/2005 H3 .600 11/10/2005 11/10/2005 A .600 11/10/2005 11/10/2005 A .600 11/10/2005 11/10/2005 A .600 12/20/2005 12/20/2005 H3 .600 ------------------------- Use Acti F2=Shift Up F3=Exit FI0=Prev View Select: Record!..) ,..,.,. TT.." 1\,..1-;,..," ("',.,r'l.. TOWN OF SOUTHOLD ** Actual Hi GIVEN ASSOCIATES LL Disburs Inquiry by Vendor Name ............. .Detail--GL100N.............. W-04262005-670 Line: 193 For.mu1a: 0 Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE Trx Date..... 4/26/2005 SDT 4/26/05 Trx Amount... 2,500.00 Description.. APPRAISAL-SHALVEY Vendor Code.. 007416 Vendor Name.. GIVEN ASSOCIATES LLC A1t Vnd.. CHECK........ 81138 Invoice Code. 2005042 VOUCHER..... . P.O. Code.... 13902 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 4/26/2005 Date Cleared. 4/30/2005 F3=Exit F12=Cance1 SCNB JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 ---.~ " - Bill To Town of Southold Town Hall South old, N.Y. 11971 Invoice Date Invoice # 4/26/2006 2005767 Your Client Shalvey SCTM# My Job # 1000.84-2.2.1 2006.156 Date of Service Description Amount 4/26/2006 Current survey of property consisting of approximately 19.9 4,800.00 acres GL108S 20 View 1 Vendor.. 005322 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Acti 4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 2/24/2004 2/24/2004 H3 .600 4/06/2004 4/06/2004 DB .600 7/27/2004 7/27/2004 H3 .600 8/24/2004 8/24/2004 H3 .600 3/15/2005 3/15/2005 H3 .600 3/29/2005 3/29/2005 DB .600 8/30/2005 8/30/2005 H3 .600 10/11/2005 10/11/2005 DB .600 ~ 5/09/2006 5/09/2006 H3 .600 5/09/2006 5/09/2006 H3 .600 -------------------------------- E F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code TOWN OF SOUTHOLD ** Actual EHLERS/JOHN C. Disburs Inquiry by Vendor Name Hi ............. .Detai1--GL100N.............. : W-05092006-756 Line: 107 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 5/09/2006 SDT 5/04/06 Trx Amount... 4,800.00 : Description.. SURVEY-SHALVE~ PROPERTY : Vendor Code.. 005322 Vendor Name.. EHLERS/JOHN C. A1t Vnd.. CHECK........ 86016 Invoice Code. 2005767 : VOUCHER...... P.O. Code.... 15199 : Project Code. Final Payment Type of 1099. Fixed Asset.. Date Released Date Cleared. F3=Exit F12=Cance1 SCNB F Liquid. M BOX. 07 Y 5/09/2006 Add1. . . .................................................................................. .. Ivelson, t'ope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville 1>\'( 11747 Fax: 631-427-5620 Property: 06108 Project: V A02085 Shalvey Property, Cutchogue Manager: McGinn, Steven Invoice To: Town of Southold Town Hall 53095 Main Rd, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Invoice #: 4075 May 30, 2006 Invoice Date: MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS $1,300.00 Invoice Amount Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed thru 4/28/06 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $1,300.00 100.00% $1,300.00 $0.00 Current Fee Total: $1,300.00 *** Total Prn;pl'f lnun;"o ~...nu"t ~J~.~- ---- ~._~ ~.......,....... TOWN OF SOUTHOLD ** Actual Hi NELSON, POPE & VOOR GL10BS 20 View 1 Vendor.. 014161 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Act~ 5/10/2005 5/10/2005 H3 .600 7/05/2005 7/05/2005 H3 .600 7/05/2005 7/05/2005 H3 .600 8/02/2005 8/02/2005 H3 .600 9/27/2005 9/27/2005 B .600 9/27/2005 9/27/2005 B .600 10/11/2005 10/11/2005 H3 .600 12/20/2005 12/20/2005 B .600 1/03/2006 1/03/2006 H3 .600 4/11/2006 4/11/2006 B .600 4/11/2006 4/11/2006 B .600 5/09/2006 5/09/2006 H3 .600 6/06/2006 6/06/2006 H3 .600 ~ 6/20/2006 6/20/2006 H3 .600 6/20/2006 6/20/2006 H3 .600 -------------------------------- E F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code t/T"I ?.tln nn >I1.1,J UU. UU Disburs Inquiry by Vendor Name .............. .Detail--GLIOON.............. W-06202006-107 Line: 283 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 6/20/2006 SDT 6/19/06 Trx Amount... 1,300.00 Description.. PHASE 1-SHALVEY PROPERTY : Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, A1t Vnd.. CHECK........ 86661 Invoice Code. 4075 VOUCHER..... . P.O. Code.... 15198 Project Code. Final Payment Type of 1099. Fixed Asset.. Date Released Date Cleared. F3=Exit F12=Cance1 SCNB F Liquid. M BOX. 07 Y 6/20/2006 Add1. . . ................................................................................ .. .t~ STEWART TITLE INSURANCE COMPANY 125 Bayn. Road, Suite 201, Melvi1le, New York 11747 631-501-9615 fax 631-501-9623 me No. ST-S- hi-, 77 Date , //sj;(, FEE INSURANCE COVERAGE ~ !ll-.i o-q,.J , 00 PREMIUM . ."7/ --t. ()/l FAIR MARKET VALUE RIDER PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK s-r ATE TRANSFERIl\fANSION TAX MORTGAGE TAX (l\Iortlogee) MORTGAGE TAX (Mortlalor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARClIES STREET REPORT . BANKRUPTCY SEARCH ESCROW DEPOSIT FEE ESCROW DEPOSIT RECORDING FEd: J- (f)DfffiB(f!) "H~n J dCJo,OQ ( ) SA TISF ACTION(S) ( ) MORTGAGE(S) ( ) CONSOLIDATION. EXTENSION'" MODIFICATION AGREEMENT(S) ( )MORTGAGEAFFIDAVIT(S) ( ) ASSIGNMENT(S) (I;;.hj,U. ~"",J LJ, tiA. A r .!.)A.(JO # / f/ / TOTAL CHARGES $ 1./~17. O() CLOSER CHARGES, IF ANY: PICK-UP FEE OTHER: PATRICIA L. FALWN Title Closer TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971.0959 DATE .06/15/2.0.06 AND .0 b (1.0.0 DOLLARS ";,$XEW:AA't,'rr'tJ;iE ,INSURANCE CO. ",125 J38.XL;rS ,ROAD, SUITE 2.01 ME:LV~LtIl: NY 11747 , "::Hp~~-fo' nil::;, rlltE,^\, , ;':"'iOBOER; ,~\j'r'mr"~, : :;;i~)'; ~;,:<;:" "HI~, '" ~ );: ,,' ~~:':,~ iH~ h :;;::..;: , ....,'" 1I'08b 5 51.11' ':0 2 ~I.O 5I.bl.': .,~:, 50.546 :-2i""4 .... '--". ..q '., , ~/15CLOS);Nq!1l865:54 'lilO'.,,', .- ,,:,' ',',' . ~:fHE~~~~n~BANK-; ::'::nuj-~0:litffl:i'tlYI1,~ ~ -,-.. ,-."', '-'., ," "" . .0.0 M' ...-/~ ' """" " ',.."- ",: >:; :.; :-.: ,~;': -:': ", " ~'" " ,'", , ./ b:l 000001. Oil' VENDOR .019624 STEWART TITLE INSURANCE CO. '" .06/15/2.0.06 "'\ FT~IO ~ ~CCOT1NT P 0 i=t IWTOICg H3 .866.0.2.6.0.0.1.0.0 H3 .866.0.2.6.0.0.1.0.0 H3 .866.0.2.6.0.0.1.0.0 TBR344 ST-S-6677 TBR344 ST-S-6677 TBR344 ST-S-6677 '- CHECK 86554 DJ:;:lOCRII?TION .''>-HOUNT FEE POLICY-SHALVEY 3,767..0.0 EASEMENT REC-SHALVEY 2.0.0..0.0 EASEMENT COPY-SHALVEY 5.0..0.0 TOTAL 4,.017..0.0 ./ TOWN OF SOUTHOLD' SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959- DATE 06/15/2006 0'0/100 DOLLARS ~/.:.IU ':";:, ' ,:::" PP,"i'TO' '- ,', THe" ,.,..,1tQ80BR.. :" '.0" ' pATR.lCIA FAbLON "c 1'0 iANDAMERI CA * COMMONWEALTH . RlVEFJIEAD NY 11901 ;;~;k ~:::'I" 'C'" .' ",_.""j ~,~": ~:" 50."546' -'~:: 6/1, 5 CLQs1NG d 8655:2 : :;.NO. ",." ,'.'<" -'"""""""'CoIlNrtil\iiQN.iliw<< ;'-f~~~~~~},~i;) :'!lMqU!IT ;::: ' ~ ...,~~,~.. ;;;;;:;h' .. '. . .., -', ,....-. . ..,',' n, .' ,'. '.".' ;>""" ''''.''_'_ :.:_ ./ II'OBI; 5 5211' 1:0 2 ~1.0 51.1;1.1: I; 3 00000 I. Oil' VENDOR 006013 PATRICIA FALLON r 06/15/2006 "'\ ,&,,111-10 n AC'(,QT~T.-.:' P 0 it IN"OIC~ H3 .8660.2.600.100 TBR344 ST-S-6677 \.... CHECK 86552 1'EgCRIPTIQN ~~1CUNT TITLE CLOSER-SHALVEY 100.00 TOTAL 100.00 ./ TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959 Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: June 20, 2006 Re: SHAlVEY. RUSSO. SHALVEY & BlADOS to TOWN OF SOUTH OLD pia SCTM #1000-84-2-2.1 Development Rights Easement Please be advised that the Town has acquired a development rights easement on the agricultural farmland listed below. If you would like additional information regarding the purchase, please feel free to contact me. lOCATION: 5200 Bridge Lane, Cutchogue PROPERTY OWNERS: Thomas L. Shalvey, Jr. and Catherine Russo (as Executors of the Estate of Thomas L. Shalvey, Sr.), Dorothy Shalvey and Frank Blados, Jr. PURCHASE DATE: Thursday, June 15, 2006 $813,592.00 (based on 15.646 buildable acres @ $52,000/buildable acre) TOTAL PARCEL ACREAGE: 19.9356 acres PURCHASE PRICE: EASEMENT ACREAGE: 16.4307 acres L1PA EASEMENT: 0.7847 acre included within the development rights easement FUNDING: CPF 2% Land Bank MISCEllANEOUS: This property is listed on the Town's Community Preservation Project Plan. An Ag Structure Area of 3.6671 acres was designated within the easement area for the location of any future ag structures.