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Home My WebLink AboutRozakis, Thomas A . 1000-54-5-55.1 Baseline Documentation Premises: ~~~i0~~SDogwood Lane ',\2;}0~$outhold, New York ~. -. 0.21 acre Conservation Easement THOMAS A. ROZAKIS, ANN V. ROZAKIS and KATHLEENA.VERDERBER to TOWN OF SOUTH8LD . Deed dated May 11, 2007 Recorded May 16, 2007 . . Suffolk County Clerk - Liber 000012505, Page 522 - * .. . ~.:::.. . I -.,.r. (,~~ ~,- ~" .'.- ~_: ~~_ _1 _~ "W':: ~ ~...-- . SCTM #: 1000-54-5-55.1 Premises: 445 Dogwood Lane Hamlet: Southold Purchase Price: $2,500.00 (bargain sale) Funding: Open Space Capital Funds CPF Project Plan: No . Total Parcel Acreage: 0.21 acre Easement: 0.21 easement acre Zoned: R-40 Existing Improvements: In April 2007 - no improvements (property includes flagged wetlands area) . . P R o P E R T Y . V I S U A L S . I . . Revisions t-IS-\> ~'ZI.9 ~<\O'9 09'15-9 05-26-00 02'05-01 00-22-01 0\1-17,01 1.15.0 02.19.0 0)-1)-0 07,11-0 OO-Ob"O looo,::;'-{- 1- 5,/ <;; --l - ~ '. '. SHS.EC HO. 050 LINE ---i'-- '., ~ ~ " s S '''4(('') " '<<, .""('>9 'lot C "VI'/m...Ou""I'I- "'" f 0' , ff -& / /1 +(f~., """""~ . f '''~ NATCH FORPCL.f.Kl. SEE$EC.NO. 059-03-028.5 ---i'-- G) S.1'2'(, -94(('1 '., ." \ <l> " '$.,(C') 21.1 34.0Ald -+- SECTION NO Pl'loPERTiES DISTRICTs', n[) NOTICE .I.tllEN~ALTERlTIOH,SAlEOfORTlE ~TF8ITDl'OF.lJnPOR':~?ROI'IllTED Slf'FlU CQJHTY lA~w> or THE 'ITllOlJ~~T~SEFMCEACENCY. IlElI.." _.._ '. SUFFOLK @ . COUNTY OF S rvice Agency & Real Property T ox ..: NY 119" ft. Center River,,,,,^,! r: COU'Ity SCAlE IN FEET, ... . ~ ~ ~ lItl I 054 DIlliN WITHIN , " " 70 OTHER'lSE.O.~ THE: ,QLl .~ .-. ..~ ~~ usn..-rtR "" ~" ,.. ~. ~ ~. .- _.~ SchooItlstn:l11ne fhtblT1<I"no lol..-Dio....I<.llf>o l_Olo1r~tLr.... .........."'.,.... --- -- _'n --i'-- s.bdi.b... lot HI. s.bdi'i_I*IcI;~No -"~ @ -, ., . (21) ~.~ eoo.n........ -, -......'....0. ." '" ,.... SOUTHOLD '" .....LAGECF ., lISTlICTtIl 1000 ., -~"'."" <""~_':"'T., PROPERTY UftP . E N V I R o N M E N T A L . . I N S P E C T I o N . . . HEATHER CUSACK ' Environmental Technician MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 1,2007 r:::;::,'-;:;~"~--'-;--~~ . , ,.". . .-, r IT;: n lIt? IT': r-:::--. ; '.' ......'! _.!!o_~o_ _ [;, iI \Ii lk 'D \ Ii::: .~- ~ :/11' I d ; . ._~A~. . 1 2007 i DEPI Of LAND ?f?ESfRVATiON ......,_..-,..u__.__. _,_"_".___._,__. Melissa Spiro Department of Land Preservation Southold Town Hall Annex Southold, NY 11971 ~~,~.-. Re: SCTM # 1000-54-5-55.1 Property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber Dear Ms. Spiro: I inspected the above referenced property on April 20, 2007, as per your request for a survey of environmental conditions. The parcel is bordered to the east by Dogwood Lane, on all other sides by privately owned land, and is predominately wooded. I found no evidence of major environmental hazards. A large percentage of the property contains soils that indicate standing water for many months of the year. The parcel contains the following trees and under story plants, predominating the vegetation: Red Maple Black willow Eastern Red Cedar Black tupelo Wild rose Green briar Honey suckle The southwestern corner is a swampy area, with a stand ofPhragmites, and there was about 7 inches of standing water when I inspected the site. The emergent Phragmites . wetland would be a good place to eradicate the Phragmites and restore the wetland by planting native freshwater wetland plants, in order to increase the filtering and wildlife value of the wetland. / There is some garbage along the southwestern border, a pile of ash, broken bricks, plastic, metal, cans, some organic debris, and the hazard of quite a bit of broken glass. Along the southwestern edge of the standing water there is a bloom of green algae which indicates a nutrient source at this time of year, possibly from the neighboring lawn or a sanitary system that is close to the ground water. Please contact me if you have any further questions. Very Truly Yours, ~ ~ Heather Cusack Environmental Technician . . . p U B L I C . H E A R I N G . Town of Southold - Letter Board Meeting of March 27, 2007 . RESOLUTION 2007-319 ADOPTED Item # 24 DOC 10: 2739 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-319 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2007: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. April 10. 2007. at 7:55 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearin!!: for the purchase of an open space conservation easement on property owned bv Thomas A. Rozakis. Ann V. Rozakis and Kathleen A. Verderber. Said property is identified as SCTM #1000-54-5-55.1. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 feet from the intersection of Dogwood Lane and Kenney's Road in Southold in the R -40 zoning district. The . proposed acquisition is for a conservation easement and is approximately 0.2 acre (subject to survey) . A conservation easement on this property has been offered for sale to the Town of Southold. The purchase price is $2,500.00 (two thousand five hundred dollars). The easement will be acquired using Town open space funding. The easement has been offered to the Town at below fair market value, and the seller may claim a bargain sale. The purchase of this conservation easement will contribute to natural resource and wetland protection, will retain scenic open space, and will reduce residential density in an environmentally sensitive area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow . Generated March 30, 2007 Page 40 Town of Southold - Letter Board Meeting of March 27, 2007 . credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ~;A~~~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . . Generated March 30, 2007 Page 41 LEGAL NOTICE NOTICE OF PUBLIC HEARING . NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. April 10. 2007. at 7:55 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinl! for the purchase of an open space conservation easement on property owned bv Thomas A. Rozakis. Ann V. Rozakis and Kathleen A. Verderber. Said property is identified as SCTM #1000- 54-5-55.1. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 feet from the intersection of Dogwood Lane and Kenney's Road in Southold in the R-40 zoning district. The proposed acquisition is for a conservation easement and is approximately 0.2 acre (subject to survey). A conservation easement on this property has been offered for sale to the Town of Southold. The purchase price is $2,500.00 (two thousand five hundred dollars). The easement will be acquired using Town open space funding. The easement has been offered to the Town at below fair market value, and the seller may claim a bargain sale. The purchase ofthis conservation easement will contribute to natural resource and wetland protection, will retain scenic open space, and will reduce residential density in an environmentally sensitive area. . As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: March 27,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 5. 2007. AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney . . SOUTHOLD TOWN BOARD PUBLIC HEARING April 10, 2007 7:55 PM / Hearing opened at 8:42 PM . COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of South old hereby sets Tuesday, April 10. 2007. at 7:55 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinl! for the purchase of an open space conservation easement on property owned by Thomas A. Rozakis. Ann V. Rozakis and Kathleen A. Verderber. Said property is identified as SCTM #1000-54-5-55.1. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 feet from the intersection of Dogwood Lane and Kenney's Road in Southold in the R-40 zoning district. The proposed acquisition is for a conservation easement and is approximately 0.2 acre (subject to survey). A conservation easement on this property has been offered for sale to the Town of Southold. The purchase price is $2,500.00 (two thousand five hundred dollars). The easement will be acquired using Town open space funding. The easement has been offered to the Town at below fair market value, and the seller may claim a bargain sale. The purchase ofthis conservation easement will contribute to natural resource and wetland protection, will retain scenic open space, and will reduce residential density in an environmentally sensitive area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a memo from Mark Terry, and after the preambles it goes on to say "This proposed action is consistent with the policy standards and therefore is consistent with the L WRP." It has appeared, public notice has appeared as a legal in the local newspaper and it has appeared on the Town Clerk's bulletin board outside and I have a notice of a short environmental assessment form for unlisted actions assigned and those are the only notes in the file. . . SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? / MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. As Councilman Wickham mentioned, this project is an open space easement on a small lot. The landowners have offered the easement to the Town at a price significantly below market value. The property contains wetlands and the easement will preserve the wetland area while protecting the property from any future residential development. There are several other small lots that have been acquired in the vicinity. They are labeled on that map. Not next to them but in the vicinity. The Land Preservation Committee has supported similar purchases, that is preservation small lots at a significantly below market value purchase price. The Committee is in favor of this acquisition and recommends that the Town Board proceed with this purchase. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? PATRICIA MOORE: Is there access to the pond or to the water from this piece or is it a land piece? . SUPERVISOR RUSSELL: It is a land piece. I will just clarify this and it really should be said, actually Mr. Rozakis wanted to protect this environmentally sensitive piece of property. It had been issued a building permit. Actually Mr. Rozakis put his money where his mouth is and he bought it and then donated the development to the Town. MS. MOORE: Oh, he should be commended. If it had been waterfront or any opportunity that the Town has and similarly generous people that want to give access to the water. I think it would be nice if the Town had more access points to ponds and other water features because waterfront in Southold is becoming privatized and I was just in California recently and there are some very beautiful access points that gives the public the opportunity to enjoy what is a very limited resource for those of us that can't afford waterfront. SUPERVISOR RUSSELL: Well said. Thank you. Would anybody else like to come up and address the Town Board on this? (No response) Hearing none, let's close the hearing. This hearing was closed at 8:46 PM * * * * * . Elizabeth A. Neville Southold Town Clerk . S E Q R A . R E S o L U T I o N . . . . Town of South old - Letter Board M~eting of April 10, 2007 RESOLUTION 2007-387 ADOPTED Item # 50 DOC 10: 2771 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-387 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase a conservation easement on property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Code of the Town of South old. Said property is identified as SCTM #1000-54-5-55. I. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 feet from the intersection of Dogwood Lane and Kenney's Road in Southold in the R-40 zoning district. The proposed acquisition is a conservation easement and is approximately 0.2 acre (subject to survey); and WHEREAS, the property should be preserved due to its location in an environmentally sensitive area. The easement is to be purchased for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; and WHEREAS, as per Chapter I 17 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further Generated April 11, 2007 Page 69 Town of Southold - Letter Board Meeting of April 10, 2007 . RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of South old that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of South old hereby finds no silmificant impact on the environment and declares a nel!:ative declaration pursuant to SEORA Rules and Rel!:ulations for this action. ~Q~~' Elizabeth A. Neville Southold Town Clerk . RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Albert Krupski Jr. SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . Generated April 11, 2007 Page 70 . / . . 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM for UNUSTED ACIlONS Only PART I-PROJECT INfORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPUCANT {SPONSOR: Southold Town Board 3. PROJECT LOCATION: Municipality: St>c.rr \o!oJ.,,\':> 2. PROJECT NAME: ~o~..Ie:~. c..,~v<t\-I"",, E..se """1\' County: 5<)F':-Ol.ct-c _ 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc, or provide map) ScitY\-/OOO - S 't. ~ -Ss... 'il/5 l>'6l.00-d 1....,,<' J s...,,\),,)\~ 5. IS PROPOSED ACTION: fiiI New 0 Expansion 0 Modification 6. DESCRIBE PROJECT BRIEFLY: C'ot'IS#N""-\.'...... 42,'11'101'1\+ "'" O.~ 'left fr"t~rt\y. !:?..~I'fI"'-\: ;~ 01' ..~;a rlO~(l\y. 7. AMOUNT OF LAND AFFECTED: INITALLY o. L. acres ULTIMATELY O. "2.. acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes 0 No if No, describe briefly ~~~~~~=~'==~~~'~~"=~~~'~-~~~~~-~~"~'-~~;=~~~~=-~="-~-~."^~~~...~~.~.~-~~-~.""-- 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? J>( Residential [J Commercial D Industrial C: Agriculture ~ Describe.' 1)(1 Park/Forest/Open space -' Other ;;;." g"Ac H ~~~~~-~~.~-~".~-~-,~~~- 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? n ~ Yes-' No if ye~r list agency(s) and permit/approvals - -~-~~~-~~~-~"~~~-~~~.~~~~~.~~.~.~~~.~".,~_.,.~-_."~~"~--"~-~~~.."~'~"~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAliD PERMIT OR APPROVAL? o fi6' Yes No If yes,. list agency(s) and permit/approvals -~~.......~"~~_._~,~,,=~~..~~~-~.~~_.~.~_.-_.-_.~~.~=~~-.-.-~'~"-""-'-"-~~~~'~~'______'_~~~~_'~'-O~""~d~.",_,__",~,,~_._____._ 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? c' ~ Yes No -- ---,-", _._._._.._---------,~~._.~."._.>~~_._.~ "-..,.~"~..~~----_.,-~ "--.~~"--_.._._---"_._-_.--~. I CERTIFY THAT THE INFORMATION PROVIDEO ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 1~7. ~q"J~(LGtt..___ Dole #_ < Signature If the action is in the Coastal rea, ann you ilre a st<lte agency, complete the Coastal Assessment Form before proceeding with this assessment . . . PART D-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 o Yeslii5J No !fyes coordinate the review process and use the full EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 o Yes~ No If no, a negative dedaratlon may be suspended by another Involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Exlstlng air quallty, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or diSPOf\) ~tential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: tJo C3. ~e~~tation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened orendangered species? Explain briefly: C4. A ~munity's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? EXPl! briefly: CS. GrO~f subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. ~tenn, short term, cumulative, or other effects not Identified In Cl-C5? Explain briefiy: C7. Other impacts (induding changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERlCS THAT CAUSED THE ESTABLISHMENT OF A CEA1 o YeFi No E.IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? oft Yes-- No ,-=~,~~~._........~~.~,~.~"~~~~~=~~;~'~.~' PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS; For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and Cf) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. o ~ Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FUll ENVIRONMETNAl ASSESSMENT FORM and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIll NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supportin this determination: ? .... 0 ~jl,'t" Name of LeQt Agency Lead Agency . p U R C H A S E . R E S o L U T I o N . Town of South old - Letter Board Meeting of April 1 0, 2007 . RESOLUTION 2007-390 ADOPTED Item # 53 DOC ID: 2772 / THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-390 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2007: WHEREAS, the Town Board of the Town of South old held a public hearing on the question of the purchase of a conservation easement on property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber on this 10th day of April, 2007, pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-54-5-55.1 and 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 . feet from the intersection of Dogwood Lane and Kenney's Road in Southold; and WHEREAS, the acquisition is for an open space conservation easement of the entire approximately 0.2 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value. The purchase price is $2,500.00 (two thousand five hundred dollars) plus acquisition costs. The easement will be acquired using Town open space funding. The seller may claim a bargain sale; and WHEREAS, the subject property should be preserved due to its location in an environmentally sensitive area. The easement is to be purchased for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; and WHEREAS, the purchase of this conservation easement is in conformance with the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of South old; and . Generated April 11, 2007 Page 82 . / / . . Town of Southold - Letter Board Meeting of April 10, 2007 WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has reconunended that this action is consistent with the L WRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Conunittee has reviewed the application for the acquisition, and reconunends that the Town Board acquire an open space conservation easement on this property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase an open space conservation easement on the subject property for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase an open space conservation easement on the property owned bv Thomas A. Rozakis. Ann V. Rozakis and Kathleen A. Verderber for the purpose of the preservation of scenic open space, natural resource and wetland protection. and residential density reduction in an environmentallv sensitive area. Said property is identified as SCTM #1000-54-5-55.1. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane, approximately 444 feet from the intersection of Dogwood Lane and Kenney's Road in Southold in the R -40 zoning district. The proposed acquisition is for a conservation easement of the entire approximately 0.2 acre (subject to survey) and has been offered for sale to the Town of Southold below fair market value. The purchase price for this easement is $2,500.00 (two thousand five Generated April 11, 2007 Page 83 Town of South old - Letter Board Meeting of April 10, 2007 . hundred dollars) plus acquisition costs. The seller may claim a bargain sale. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of South old. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property. ~~~tI.. Elizabeth A. Neville South old Town Clerk . RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . Generated April 11, 2007 Page 84 . . . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair MAlUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCAll0N: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY KENNETH L, EDWARDS MARTIN H. SIDOR GEORGE D, SOLOMON JOSEPH L, TOWNSEND Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Town Board " Melissa Spiro, Land Preservation Coordinator i From: Mark Terry, Principal Planner ./' L WRP Coordinator Date: April 4, 2007 Re: Proposed Purchase of an Open Space Conservation Easement on Property Owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber. SCTM #1000-54-5-55.1 Zoning District R-40 The proposed acquisition is for a conservation easement and is approximately 0.2 acre (subject to survey). The purchase of this conservation easement will contribute to natural resource and wetland protection, will retain scenic open space, and will reduce residential density in an environmentally sensitive area. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review ofthe Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 with questions. Cc: Patricia Finnegan, Town Attorney il'rir IT; tu Wi r;U~n II /" 'Ii APR ~_~_~~~_Jb f;E~r. OF LAND ?::CS;-:~\I/lTi(}N ,_'"0' _'_'_'_'0__,_, '-. '''N_~'''__ ~~.h_',__>__,_. . C L o S I N G . S T A T E M E N T . . CLOSING STATEMENT THOMAS A. ROZAKIS, ANN V. ROZAKIS and KATHLEEN A. VERDERBER to TOWN OF SOUTH OLD Conservation Easement - 0.21 acre Premises: 445 Dogwood Lane, Southold SCTM #1000-54-5-55.1 Closing took place on Friday, May 11, 2007 at 3:00 p.m., South old Town Hall Annex Purchase Price of $ 2,500.00 disbursed as follows: Payable to Adam B. Grossman Check #91002 (5/8/07) $ 975.00 Payable to Thomas A. Rozakis & Ann V. Rozakis $ 1,509.75 Check #91057 (5/8/07) Payable to Kathleen A. Verderber Check #91089 (5/8/07) $ 15.25 . Expenses of Closing: Survey $ 850.00 Payable to John C. Ehlers Land Surveyor Check #90988 (5/8/07) Title Report $ 610.00 Payable to LandAmerica*Commonwealth Check #91017 (5/8/07) Fee insurance policy $ 342.00 Recording easement $ 268.00 Title Closer Attendance Fee $ 100.00 Payable to Patricia Fallon . Check #90990 (5/8/06) . Those present at Closing: John P. Sepenoski Mary C. Wilson, Esq. Thomas A. Rozakis Ann V. Rozakis Adam B. Grossman, Esq. Patricia Fallon Melissa Spiro Melanie Doroski . . Southold Town Deputy Supervisor Attorney for Town of South old Seller Seller Attorney for Sellers Title Company Closer Land Preservation Coordinator Sr Administrative Asst, Land Preservation 1'. TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 AUD ITS / 8 0910 0 2 NO. "'\ ~ '" THe SUFFOLK couNTY NATIONAl BANK CUTCHOGUE, NY 11935 . DATE CHECK NO. AMOUNT OS/08/2007 NINE HUNDRED SEVENTY FIVE AND 00/100 DOLLARS 91002 $97S.00 PAY TO THE ORDER OF ADAM B GROSSMAN ESQ 120 COURT STREET RIVERHEAD NY 11901 ~~ \.... M"______..___________________________________ ,,/ 1I'0"l ~oo 211' ':0 2 ~I,o 51,1;1,1: 1;:1 00000 I, 011' VENDOR 007648 ADAM B GROSSMAN ERO r 0')/08/:/.007 rHRrK 9100? "\ Fl>>JD So J'"CC01.>>JT r.o.# InVOICE DIJOCRlr'fIOH M10ffi~'f H2 .8686.2.000.000 OS0107 ROZAKIS-CONSERV EASEM 97S.00 TOTAL 97S.00 . . '-- / TOWN OF soun:CLD ' ~:_;,:-.l:_JTHCLD, i'~y 1197i0989 f. , TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 AUDIT 5/8 091057 NO. 50.546 ~ THE SUFFOLK COUNlY NATIONAL SANK CUTCHOGUE, NY 11935 . DATE CHECK NO. AMOUNT 05/08/2007 ONE THOUSAND FIVE HUNDRED NINE AND 75/100 DOLLARS 91057 $1,509.75 PAY TO THE ORDER OF THOMAS A. AND ANN V. ROZAKIS 67-43 COOPER AVENUE GLENDALE NY 11385 ~~~ "- M> ./ lI'o"l 1.05711' 1:0 ~ 1.1,051,1:,1,1: 1:,:1 00000 I, 011' VRNnOR 018747 '['ROMIIS II liNn liNN v ROZIIKTS r 0C;/OR/?007 . rHR0K Q1nt:;7 " FUND &. ACCOlRq'f F. o. #- Il~vTOICE DE.JCRIF'fIOH Al<10 UN'f H2 .8686.2.000.000 051107 CONSERV EASEMENT-.2 1,509.75 TOTAL 1,509.75 . . '--- _______________________n____/ TO\NN Ol~ SOUTHOLD . SOUTHOLD, NY 119'71-0959 t' . TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 , 50-546 2i"4 AUDIT 5/8 091089 NO. THE SUFFOLK COUNTY NATIONAL BANK CUTCHQGUE, NY 11935 . FIFTEEN AND 25/10.0 DOLLARS DATE CHECK NO. AMOUNT 05/0.8/2007 91089 $15.25 PAY TO THE ORDER OF KATHLEEN A. VERDEBER C/O THOMAS A ROZAKIS 67-43 COOPER AVE GLENDALE NY 11385 ~~ '- w ./ 11'09 W8911' 1:0 2 ~"o 5..1;...: I; j 00000.. Oil' VRNnnR n???ll KII'T'HT,RRN II VRRnRRRR ,r n<;/nR/?nn7 , , ("'1J,:fRr'l( QlrlP:Q " FUlJD &: ACCOUNT F. O. #- Il~v"'OICE DE3CKlfJ'fICn AivJOUHY H2 .8686.2.000.000 051107 CONSERV EASEMENT-.21 A 15.25 TOTAL 15.25 . . '- .__.J/ TO\^.''f'~ OF SOUTH OLD . SOUTHOLD, NY 11971-0959 11'-.. . 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 Department of Land Preservation Town Hall Annex Southold, NY 11971 Invoice Date Invoice # 4/26/2007 2006523 Your Client Rozakis & Verderber SCTM# My Job # 1000-54-5-55.1 07-147 Date of Service Description 4/26/2007 Current survey of property for Conservation Easement, Dogwood Lane, Southold, N.Y. Disburs Inquiry by Vendor N~e Hi ............. .Detail--GLIOON.............. W-05082007-058 Line: 97 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 5/08/2007 SDT 5/07/07 Trx Amount... 850.00 Description.. SURVEY-ROZAKIS PROPERTY Vendor Code.. 005322 Vendor N~e.. EHLERS/JOHN C. Alt Vnd.. CHECK........ 90988 Invoice Code. 2006523 VOUCHER..... . P.O. Code.... 16525 Project Code. Final Payment Type of 1099. Fixed Asset. . Date Released Date Cleared. F3~Exit F12~Cancel GLI08S 20 View I Vendor.. 005322 Y~Select JE Date Trx.Date Fund Account ------------------------- Use Actl 12/19/2006 12/19/2006 H3 .600 3/13/2007 3/13/2007 H3 .600 ~ 5/08/2007 5/08/2007 H2 .600 TOWN OF SOUTHOLD ** Actual EHLERS/JOHN C. -------------------------------- E F2=Shift Up F3=Exit FIO=Prev View Select Record(s) or Use Action Code . Amount 850.00 SCNB Liquid. BOX. 07 F M Y 5/08/2007 Addl. . . ......................................... . ... ~ landAmerica .. Commonwealth . Title No: Applicant: Premises: RH07300502 Town of Southold/ Land Preservation Coordinator 445 Dogwood Lane Southold, NY 11971 Date Printed: Order Type: April 05, 2007 Purchase/Resale Sales Rep: House Account Date of Closing: Purchaser: Town of Southold County: Closer: Suffolk . TEM ~MOUNT ITEM ~MOUNT Fee Insurance - $2,500.00 $342.00 Document to Follow Mortaaae Insurance - 150.00 Deed $26B.00 NYS Transfer Tax ~OO --. Real Estate Tax, ECB, PVB, etc. To Pav New Survey DeDartmental Searches Certificate of Occuoancv TBA Street Report 1><5.00 ........ Escrow Service Charoe Escrow to hold Deposit (Included in Net trOTAL NET CHARGES: (EST) Charoes) RECEIPTS CHECKS PAYABLE TO Commonwealth Land Title Insurance Company (Circle One) Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ CHECKS PAYABLE TO OTHER THAN Commonwealth Land Title Insurance Company (Circle One) Buyer/Seller $ Buyer/Seller $ Buyer/Seller $ TOTAL RECEIPTS $ *NOTE Rates & charges herein are subject to change based on the rates in effect at the time of closing. Commonwealth Land Title Insurance Company 185 Old Country Road, Suite 2, Riverhead, New York 11901 Phone: (631) 727-7760 . r. TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 AUDIT 5/8 091017 NO. "' 50.546 '" THE SUFFOLK COUNTY NATIONAL BANK CUTCHOGUE, NY 11 935 . SIX HlMDRED TEN AND 00/100 DOLLARS DATE CHECK NO. AMOUNT 05/08/2007 91017 $610.00 PAY TO THE ORDER OF LANDAMERICA*COMMONWEALTH 185 OLD COUNTRY ROAD PO BOX 419 RIVERHEAD NY 11901 ~~ '- M"__.____.____________._ ./ 11'0'1 ~o ~ 711' 1:0 2 ~I,o 51,1;1,1: I; 3 00000 I, Oil' VENDOR 0013') 0 LANDAMF.R TCcA * COMMONWF.A T ,TH ~ 00;/08/')007 rHRrK gl 01 7 "' FillJD s.. :..CCOU:U'I' r.o." Ilrv"OICIJ DDOCRII"fION M.l0UH'f H2 . 8686 . 2 . 000 . 000 H2 .8686.2.000.000 RH07300502 16526 RH07300502 TITLE POLICY-ROZAKIS 342.00 EASEMENT REC FEE-ROZA 268.00 TOTAL 610.00 . . '- /' TO\ Ji'-J (Jf;: ~:C;UTi-V)i ;)~; n-!-;:}! I: \)1' 1IQ7-!-(]q!'jq r'. TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 1 1971-0959 AUDIT 5/8 090990 NO. , 50.546 ~ THE SUFFOLK COUNTY NATIONAL BANK CUTCHOGUE, NY 1 1935 . ONE HONORED AND 00/100 DOLLARS DATE CHECK NO. AMOUNT 05/08/2007 90990 $100.00 PAY TO THE ORDER OF PATRICIA FALLON 40 WHITE OAK LANE SOUTHAMPTON NY 11968 ~~ "- M>____________________._____________.______ ./ 11"0 "l0 "l "lOll" 1:0 2 ~I,O 51,1::,1,1: 1::,:1 00000 I, Oil" VENDOR 006011 PATRHcIA FAI,T,ON '" 0'i/oRho07 rHRrK gOggO " FUUD s.. J..CCOffiJ'I' r.o." IUVOICIJ DIJOCRlf'fIOlJ AnOUNI' H2 .8686.2.000.000 RH07300502 TITLE CLOSER ATTEND F 100.00 TOTAL 100.00 . . '-- .--------------------------/ TOWN OF SOUTHOLD . SOUTHOLD. flY 11971-0959 . R E C o R D E D . E A S E M E N T . . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 / SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 11 Receipt Number : 07-0047601 TRANSFER TAX NUMBER: 06-33484 Recorded: At: 05/16/2007 02:13:58 PM LIBER: PAGE: D00012505 522 District: 1000 . Deed Amount: Section: 054.00 EXAMINED AND $0.00 Block: 05.00 CHARGED AS Lot: 055.001 FOLLOWS Received the Following Fees For Above Instrument Exempt Exemp Page/Filing $33.00 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 $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Connn.Pres $0.00 NO Fees Paid $93.00 TRANSFER TAX NUMBER: 06-33484 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County . fB) [E t IE ~ W IE fFil lJll JUN 7 2007 lbU DEPT. OF LAND PRESERVATION Title Company Information Co. Name f!-t m NWt;;9~.:T# ..v..; INn Suffolk County Recording & Endorsement Page Gtf/f#rtJr-: ~iJSE7?Vnno/l/ F//<;nYJE7l,r (SPECIFY TYPE OF INSTRUMENT) Section tJ ,si./. 00 Block oS.Oo Lot OS.s,oOI 5 Real Property Tax Service Agency Verification 07015008 1000 05400 0500 055001 pTS ROTY A 16-MAY-O 6 SatisfactionlDischargeslRelease List Property Owners Mailing Address RECORD & RETURN TO: lYialSS/I /). SPt/to, J./I-/VIJ 0"'5<,,-V/lr10,", row N tJp S&(.('71ft>/J) S3C19, /'f)/}IN 1ClJ. f. 0, Pox. //7<) SOUfflL.f), )./'/ /197/ 7 Title # 8 This page forms part of the attached ~~ECORDEC' 2007 Hay 16 02: 13:58 FH Judith H. Pascale CLEF.Y OF SUFFOLK COUt.l T'1' L C'00012505 F' 522 [)!# 06-.33484 Recording / Filing Stamps Mortgage Arne 1. Basic Tax 2. Additional Tax Sub Total Spec. I Assit. or Spec. I Add. TOT. MTG TAX Dual Town _ Dual County _ Held for Appointment _ Transfer Tax --C:::~ Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES_orNO_ I[ NO, see appropriate tax clause on page # of this instrument. Communit Preservation Fund Consideration Amount -6- CPF Tax Due $ $ Improved // c/ Vacant Land TD TD TD made by: . 1/{/JMh5 4. ..ell 2JfJ</..s, fJ-NA/ V The premisis herein is situated in K'nJIR'I:J /1N'b ~TJI~ A;t/~ba'g~SUFFOLK COUNTY, NEW YORK. TO IO!.IJ/v /iF Jo<r1..,!:IU) In the Tow.nship of In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. SlY (.( 7>h:J /JJ ~li7'7"oLIJ GRANT OF CONSERVATION EASEMENT . Between THOMAS A. ROZAKIS ANN V. ROZAKIS KATHLEEN A. VERDERBER And THE TOWN OF SOUTHOLD THIS INDENTURE made this II iJ day of May 2007, between Thomas A. Rozakis, Ann V. Rozakis, Kathleen A. Verderber, c/o Thomas A. Rozakis, 67-43 Cooper Avenue, Glendale, NY 11385, hereinafter referred to as "Grantor", and TOWN OF SOUTHOLD, a municipal corporation with offices at 54375 State Route 25, Southold, NY 11971, hereinafter referred to as "Grantee". Grantee shall include the Southold Land Preservation Committee. WITNESSETH: . WHEREAS, Grantor is the owner in fee simple of certain real property located at 445 Dogwood Lane, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described on Schedule "An, annexed hereto and made a part hereof, and identified on the Suffolk County Tax Map as District 1000, Section 54.00, Block 05.00, Lot 055.001, hereinafter referred to as "Entire Parcel", consisting of approximately 0.2 acres; and WHEREAS, the Entire Parcel, particularly bounded and described on Schedule "B", annexed hereto and made a part hereof and as shown on the survey prepared by Jo1m C. Ehlers Land Surveyor, dated the 26th day of April, 2007, a copy of which is annexed hereto and made a part hereof consisting of the parcel containing .21 acres, hereinafter referred to as "Protected Parcel", has ecological, recreational, scientific, aesthetic, educational and watershed protection value in its present state as a natural area, which has only been utilized by the Grantor as hereinafter set forth; and WHEREAS, Grantee is a municipal corporation incorporated under the laws of the State of New York, and one of the purposes of said Grantee is to see to the preservation and conservation of natural areas for aesthetic, scientific, charitable and educational purposes; and WHEREAS, the Protected Parcel is a natural area which provides significant habitat for fish, wildlife and plants and has substantial value as a natural, scenic, recreational, watershed protection and educational resource and for purposes of protecting the underground aquifer within and under the Entire Parcel; and WHEREAS, preservation of the Protected Parcel is for the scenic enjoyment of the general public and will yield a significant public benefit; and WHEREAS, the preservation of the Protected Parcel is pursuant to federal, state and local government conservation policy; and WHEREAS, Grantor and Grantee recognized the natural, scenic, recreational, aesthetic, watershed protection value and specific character of the Protected Parcel and have the common purpose of conserving the natural values of the Protected Parcel by the conveyance to the Grantee of a Conservation Easement on, over and across the Protected Parcel which shall conserve the natural value of the Protected Parcel, conserve and protect the aquifer and special animal and plant population on, and prevent the use or development of the Protected Parcel for any purpose or in any manner which would conflict with the maintenance of the Protected Parcel and surrounding environs in its current natural, scenic and open condition, except as hereinafter provided in this Conservation Easement for this generation and all future generations; and WHEREAS, the parties intend this Conservation Easement to be consistent with the provisions of Title 3 of Article 49 of the New York State Environmental Conservation Law and construed as a Conservation Easement or trust declaration as defined therein; and WHEREAS, Grantor and Grantee have the common purpose of conserving and protecting in perpetuity the Protected Parcel as "a relatively natural habitat of fish, wildlife and plants or similar ecosystem", as that phrase is used in P.L. 96-541, 26 USC 170 (h) (4) (ii), as amended and in regulations promulgated thereunder and subject to; and WHEREAS, the parties intend to ensure the continued use of the Protected Parcel for the Current Uses and to limit or prevent certain future construction as hereinafter set forth within the Protected Parcel and for those uses and purposes described within the Declaration of Intent and Limitation; and . . WHEREAS, "ecological, scientific, educational and aesthetic value", "natural, scenic and open condition" and "natural values" as used herein shall, without limiting the generality of the terms, mean the condition of the Protected Parcel at the time of this grant, snbject to the rights of the Grantor referred to in the Declaration of Intent and Limitation herein. NOW, THEREFORE, in consideration of $2,500.00 and other good and valuable consideration paid to the Grantor, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Conservation Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Protected Parcel herein, more particularly bounded and described on Schedule "B" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Conservation Easement, the rights and interests in connection therewith and as hereinafter set forth, with respect to the Protected Parcel, 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 said Protection Parcel, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to said Protection Parcel. The Grantor, for themselves, and for and on behalf of their legal representatives, successors and assigns, hereby covenants and agrees as follows: ARTICLE ONE THE EASEMENT l.01 Tvoe: This Indenture conveys a Conservation Easement. This Conservation Easement shall consist of the limitations, conditions, covenants, agreements, provisions and use restrictions recited in this indenture. Reference to this Conservation Easement or its "provisions" in this indenture shall include any and all of those limitations, conditions, covenants, agreements, provisions and use restrictions. . 1.02. Duration: The Grantee hereby accepts the foregoing grant of Conservation Easement and the parties hereto each agree that the limitations, conditions, covenants, agreements, provisions and use restrictions herein set forth shall, in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, and its successors and assigns, and same shall benefit the Grantee its successors and assigns, and that the burdens of said Conservation Easement are perpetual and shall run with the land. 1.03 Effect: The covenants, limitations, conditions, covenants, agreements, provisions and use restrictions of this Conservation Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO DEFINITIONS. 2.01 Develooment Rilffits - shall mean the permanent legal interest and right to prohibit or restrict the use of the Protected Parcel for anything other than its use at the time this easement is conveyed. 2.02 Structure - anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. . . ARTICLE THREE PROHffiITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Protected Parcel: 3.01 Natural Environment: Subject to the terms, conditions, covenants, obligations and purpose of this Easement, there shall be no change or disturbance in the natural habitat in any manner including, but not limited to, the manipulation or alteration of natural water courses, lake shores, marshes or other water bodies, nor shall there be activities conducted on the Protected Parcel which would be detrimental to water purity, or which could alter natural water level and/or flow. Nothing herein shall prevent Grantor from removal of invasive vegetative species with prior written approval of Grantee nor the implementation of a wetlands restoration plan with prior written approval and review by the Southold Town Trustees and Grantee. 3.02 Dumoimr: There shall be no dumping of ashes, trash, garbage or other unsightly or offensive material, hazardous substance or toxic waste nor any placement of underground storage tanks in, on or under the Protected Parcel; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Protected Parcel or on adjacent property of the Grantor which could cause erosion or siltation on the Protected Parcel without prior written approval from Grantee. Nothing herein shall preclude the disposal of wastes in a properly designed and approved manure storage pit. 3.03 Vehicles: There shall be no operation of snowmobiles, dune buggies, motorcycles, all- terrain vehicles or other recreational vehicles, except as usual and necessary for the intended use of the Protected Parcel as permitted in this Easement. . 3.04 Buildin2:s and Structures: The construction or placement of buildings or structures of any kind or nature (including, but not limited to, mobile homes), permanent or temporary, on, over or under the Protected Parcel shall be prohibited, except as provided under Section 4.04 herein. Other structures and improvements, including, but not limited to driveways, trails, fences, drainage structures as permitted in Section 4.04 hereof, shall not be erected on, over, or under the Protected Parcel without the prior written consent of the Grantee as may be required by the Code of the Town of Southold, which may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable law. 3.05 Excavation and Removal of Materials: The dredging, excavating, mining or filling of the Protected Parcel shall be prohibited. The removal of topsoil, sand, or other materials shall not take place on the Protected Parcel nor shall the soil horizon or topography ofthe Protected Parcel be changed. There shall be no vegetative or tree clearing without prior written consent of the Grantee, which may be granted if the clearing does not defeat or derogate from the purpose of this Easement or other applicable law. Nothing herein shall preclude Grantor from performing those activities that are necessary and customary to standard agricultural practices, or for purposes of erosion control and soil conservation, or any excavation or filling necessary for the erection of permitted structures pursuant to Sections 4.04 herein. 3.06 SubdivisionlPartial Lease: No subdivision or partitioning of the Protected Parcel shall be permitted unless approved by the Planning Board of the Town of Southold or its successor. Nothing herein shall preclude the Planning Board from imposing, in addition to the conditions and restrictions set forth herein, such other reasonable conditions and restrictions as are directly related to and incidental to the subdivision of the land. The partial lease of the Protected Parcel for any purpose other than to maintain the use of the Protected Parcel in conunercial hunting and/or livestock production shall not be permitted without the prior written consent of the Grantee. Written consent shall not be unreasonably withheld by Grantee. . 3.07 Signs: The display of signs, billboards, or advertisements on the Protected Parcel shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Protected Parcel and only for the following purposes: a) to state the name of the Protected Parcel and the names and addresses of the occupants, b) to advertise the use for which Grantor is permitted to utilize the Property for, c) temporarily to advertise the Protected Parcel or any portion thereof for sale or rent (subject to and in accordance with applicable . provisions of the Code of the Town of Southold), d) to post the Protected Parcel to control unauthorized entry or use, and e) to announce the Grantee's easement. 3.08 Utilities: The creation or placement of overhead or underground utility transmission lines, utility poles, wires, pipes. wells or drainage and septic systems on the Protected Parcel shall be prohibited, except as provided under Section 4.04 herein. 3.09 Prohibited Uses: The use of the Protected Parcel for any permanent or temporary, residential, commercial or industrial use is prohibited. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownershio: Subject to this Easement, 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 laws of the Town of Southold, County of Suffolk, State of New York and Federal Government, and which would not defeat or derogate from the purposes of this Easement. Grantor shall have the right to continue current landscaping methods, and to remove at Grantor's discretion, damaged and decaying trees and plants, including invasive and non-invasive species and Grantor shall have the right to improve and restore the designated wetland area using current conservation methods approved by the Grantee and/or Trustees. . 4.04 Structures and Irnorovements A. Allowable hnorovements: Grantor shall have the right to erect and maintain structures and improvements on the Protected Parcel that are necessary, incidental and accessory to existing permitted uses, provided Grantor has received the prior written consent of the Grantee as same may be required by the Code of the Town of Southold, which may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. Said structures and improvements include: (i) Access drives, to provide access to the improvements pennitted herein, a foot trail for non-motorized vehicles for foot traffic only for the sole use of the future owners, tenants, occupants, assigns and possessors of Protected Parcel; and (ii) Fences; and (iii) Underground facilities nonnally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling stonn water runoff from the improvements permitted hereunder. B. Reolacement of imorovements: In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted in kind and within the same location subject to the review and written approval of Grantee. . 4.05 Parcel Documentation: Reports, photographs, maps and scientific documentation possessed (at present or in the future) by the Grantee shall be made available on any reasonable request of the Grantor, his successors and assigns, and which more particularly may include, but are not limited to, the following described items: A. The appropriate survey maps from the United States Geological Survey, showing the property lines and other contiguous or nearby protected areas; B. Map of the area drawn to scale showing all existing man-made improvements or incursions (such as roads, buildings, fences or gravel pits), vegetation and identification of flora and fauna (including, for example, Tare species locations, animal breeding and roosting . C. areas, and migration routes), land use history (including present uses and recent past disturbances), and distinct natural features (such as large trees and aquatic areas); Aerial photographs of the Protected Parcel at an appropriate scale taken as close as possible to the date of transfer; On-site photographs taken at appropriate locations on the Protected Parcel; Easement documentation reports including, among other things, an owner acknowledgement of condition, background information, legal information, ecological features information, and land-use and man-made features information. D. E. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Grantor' Warranty: Grantor warrants and represents to the Grantee that Grantor is the owner of the Protected Parcel described in Schedule "B", free of any mortgages or liens and possesses the right to grant the development rights to Grantee. 5.02 Taxes and Assessments: The Grantor, for himself, his successors and assigns, agrees to pay any real estate taxes and other assessments levied by competent authorities on the Protected Parcel and to relieve the Grantee from any duty or responsibility to maintain the Protected Parcel. If the Grantor, his successors or assigns, becomes delinquent in payment of said taxes and assessments, such that a lien against the Protected Parcel occurs, the Grantee, upon twenty (20) days written notice to the Grantor, at its option, shall have the right to pay and/or redeem the Protected Parcel from the tax sale by paying funds to discharge said lien or delinquent taxes or assessments, or to take other actions as may be necessary to protect the Grantee's interest in the Protected Parcel and to assure the continued enforceability of this Conservation Easement and upon such payment of funds to purchase and acquire the Grantor's or his successors' or assigns' interest in said Protected Parcel. This right shall not affect the right of the Grantor, his successors or assigns, to redeem said property from any tax sale in accordance with applicable statutes. . 5.03 Indemnification: Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Protected Parcel or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor' obligations. 5.04 Third Party Claims: Grantor shall indemnitY and hold Grantee harmless for any liability, costs, attorney's 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 Protected Parcel arising from any activity on the Protected Parcel, 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. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Visual Access: The right of visual access to and view of the Protected Parcel in its natural, scenic and open condition, subject to the terms. conditions, covenants, obligations and purpose of this Easement. 6.02 Wildlife Manal!ement: The right to monitor the condition of rare plant and animal populations and plant communities on the Protected Parcel, and to manage them, if necessary, for their continued survival and quality on the Protected Parcel. . 6.03 Entrv and insnection: The right to enter, by authorized representatives of the Grantee, the Protected Parcel twice annually for a two (2) day inspection per site visit upon at least twenty (20) days prior written notice to Grantor at reasonable times mutually agreed upon for the purposes of (i) inspecting the Protected Parcel to determine if the Grantor, his successors and assigns, is complying with the covenants and purposes of this grant; (ii) enforcing the terms of . this Conservation Easement; (iii) taking any and all actions with respect to the Protected Parcel as may be necessary or appropriate, pursuant to an order of a court of competent jurisdiction, to remedy or abate violations hereof; (iv) monitoring the condition of the aquifer and its relation to potable drinking water; (v) observing and studying nature and making scientific and educational observations and studies and taking samples in such a manner as will not disturb the quiet enjoyment of the Protected Parcel by the Grantor, his successors or assigns; and (vi) any other lawful purpose for which is embodied in this easement. 6.04 Restoration: Grantee shall have the right to require the Grantor to restore the Protected Parcel to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Protected Parcel 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 the Protected Parcel resulting from such causes. . 6.05 Enforcement Ril!hts of Grantee: Grantee, in a reasonable manner and at reasonable times, may enforce by proceeding at law or in equity the covenants hereinafter set forth, including but not limited to, the right to require the restoration of the Protected Parcel to the condition at the time of this grant. The Grantee, its successors and assigns, does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this grant by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Protected Parcel due to causes beyond the Grantor's control, such as changes caused by fire, floods, storms or the unauthorized wrongful acts of third parties. or pursuant to the Declaration of mtent and Limitation. In the event that the Grantee becomes aware of an event or circumstances of non- compliance with the terms and conditions herein set forth, the Grantee shall give notice to the Grantor, his successors and assigns, as set forth herein, of such event or circumstance of non- compliance and request corrective action sufficient to abate such event or circumstance of non- compliance and restore the Protected Parcel to its previous condition. Failure by the Grantee to cause discontinuance. abatement or such other corrective actions as may be requested by the Grantee within ninety (90) days after receipt of such notice shall entitle Grantee, at its election, to: (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 Protected Parcel affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof. as Grantee deems appropriate under the circumstances. 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 purpose of this Easement. 6.06 No Waiver: Grantee's exercise of any 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 have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. . 6.07 Assessed Valuation/Effect of Condemnation: The Grantee agrees that while the assessed valuation placed upon the Protected Parcel, for the purpose of real estate taxation must, to the extent of the actual reduction of the fair market value of said Protected Parcel by reason of this Grant of Easement, take into account and be limited by the restrictions and limitations imposed on the future use of the Property by this Easement, as required under ~247(3) of General Municipal Law, and generally in accordance with valuation principles legally applicable to such assessments of real Property. Nevertheless, if at any time said Property or any portion thereof. shall be taken or condemned by eminent domain, by the Grantee or by any other governmental body. then the Easement hereby granted shall come to an end and shall terminate with respect to said Property, or portions thereof, so taken or condemned and all rights and interest in said Property, or portions thereof, so taken or condemned, as hereby granted, shall revert to Grantor, its successors or assigns, to the effect that as of the time of such taking or condemnation, the Property, or portion thereof, so taken or condemned, shall not be subject to the restrictions and limitations of said Easement. In such event, neither the Grantor nor its successors or assigns . shall be required to pay ooy penalties, but the value of said Property (including for purposes of computation of severance damages, if any, those parts thereof not taken or condemned) shall reflect the limitations of this Easement, and any condemnation awards payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value and the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights troosferred hereby. Any portion of the condemnation award payable to the Grantee shall be deposited in a Trust and Agency Account of the Grootee, pursuoot to ~36 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. 6.08 Alienation: No Property rights acquired by the Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of South old, with 00 affirmative two-thirds vote, as provided by Section 247-14 of the Code of the Town of Southold. No subsequent amendment of the provisions of said 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. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandine: 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 Subseauent Deeds: The Grantor agrees that the terms, conditions, restrictions and purposes of this Conservation Agreement shall be inserted in any subsequent deed or other legal instrument by which the Grantor divests himself of either the fee simple title or his possessory interest in the Protected Property. 7.03 Amendment: Except as provided herein, this Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. Where such modifications do not alienate any Property rights acquired by Grantee herein, the parties may seek to modify and amend this Easement following a public hearing with due notice and an affirmative resolution of the Town Board, by a majority plus one vote. 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, which 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 Notice All notices required by the Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed ood with return receipt 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 9.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Community Preservation Manager, or to such other address as Grantee may designate by notice in accordance with this . Section 9.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.06 Govemim! Law: New York law applicable to deeds and conservation easements pertaining to land located within New Y crk shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and perfonnance. 7.07 Interoretation: 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 ofwmch would render the provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breach 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 Grantor. The parties intended that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.08 Warranties: The warranties and representation made by the parties in this Easement shall survive its execution. 7.09 Recordinll: 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 Headinlls: The hearings, title 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 Conservation Easement on the day and year set forth above. This contract has been duly executed by the parties hereto. SELLER B. :~V)?A) ~~~A~/7~ K,thleenA Verderb" if~.h/l -Ih U ~ - ~ Attorney for Seller. . ~ -. - ) Address: ~ . Attorney for Purchaser: Mary C. Wilson, Esq. Address: PO Box 729 Quogue, New York 11959 Tet.: 631-653-1443 . State of New York ) County of Suffolk ) ss: State of New York) County of Suffolk ) ss: On fYllf'1 1f,2007 before me, the undersigned, personally appeared THOMAS A. ROZAKIS, personally known to me or approved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon behalf ofwhic~ ,the individual acted, executed the instrument. fJ~:e, ~ PATRICIA L. FALLON Notary Public, Stat':! Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, ;lglj . On fYllty / /, ;lM1 before me, the undersigned, personally appeared ANN V. ROZAKIS, personally known to me or approved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. On /y}lflf / /, '&it!? ~. . before me, the undersi ed, personally appeared KATHLEEN A. VI;. E ER, personally known to me or pproved to me ?TI the basis of sat is fact my eVidence. tqcbe the indI ~'dual whose.n~e is su~s5 . ed to the within Instrument and acknowledged to metnat he execute e same III hIS capac fy and that by his signature on the instrument~e i~diVidual or the person on behalf of ich the individual acted executed the instrumen~./I)..h: _.' ,tJ~" ATRICIA L. FALLON , f'~IL, No ry Public, Stat~ Of New York No. 01 FA4950146 Qualified In Suffolk County / , 7 ComlTljssion Explres April 24, ,:2.d; On /YJ1f'f 1/,,,," :Tn/AlI'SEPe.JdS;(/ before me, the underslgneo, personally appeared ~,...~~ . n~TEELL, personally known to me or approved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument t~ :I!.. ~ PATRICIA L. FALLON Notary Public, Stal~ Of New York No.01FA4950146 Qualified In Suffolk County Commission Expires April 24, c21)/) PATRICIA L. FALLON Notary Public, Stat3 01 New York No.01FA4950146 Qualified In Suffolk County Commission Expires April 24, . . / . . File No: RH07300502 SCHEDULE A - DESCRIPTION AMENDED 05/02/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the 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 northwesterly side of Dogwood Lane distant 109.33 feet southerly from the corner formed by the intersection of the northwesterly side of Dogwood Lane with the north side of Dogwood Lane; RUNNING THENCE South 27 degrees 12 minutes 10 seconds West along the northwesterly side of Dogwood Lane, 109. 32 feet to land now or formerly of Kelempelidis; THENCE North 62 degrees 47 minutes 50 seconds West along said land, 86.17 feet to land now or formerly of Kirincic; THENCE North 31 degrees 43 minutes 00 seconds East along said land now or formerly of Kirincic and later along land now or formerly of Belica, 109.66 feet to land now or formerly of Rozakis; THENCE South 62 degrees 47 minutes 50 seconds East along said land, 77.54 feet to the northwesterly side of Dogwood Lane and the point or place of BEGINNING. ALTA Owner's Policy (6-17-06) . T I T L E . p o L I C y . . / . . OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth land Title Insurance Company a landAmerica Commonwealth Commonwealth Land Title Insurance Company is a member of the LandAmerlca family 01 title insurance underwriters. Any notice 01 claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of POlicy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (it) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By-Laws. Attest o If Wi ~/" , , v:ecreta:y U COMMONWEALTH LAND TITLE INSURANCE COMPANY ,""""'~l;TLE/."""'" ""'v"to"'.......~J'b:"" :/'S:...... ......~\ ~"I:' .~- -A ~ ) /JJ /Jf..;J i~!SEAL;~; By: /'~ "" ~". ~ tJ..,. \~~;...............i~J "'"""~EBAAS'/-.~,,,"'" President ",,,,,,,,,.,,,, ~ ~~~-- ...~ Obi Cover - AL TA OWlwr.'s Policy (06/17/06) Form 1190-140 ---~ --_.;;;'~",,~~""~ ORIGINAL Valid only if Schedules A and B are attached . . . IlInl. II. LVVI L..!;llll V L I 1 V 0\. r L 1\11 '-rILl r.., landAmerica - Commonwealth File No, RH07300S0Z SCHEDULE A Amount of Insurance, $2,500.00 Date of POlicy: May 11, 2007 Policy No.: RH07300502 1. Name of Insured: Town of South old 2. The estate Or interest in the land which is covered by this policy: Development Rights 3. Title to the estate or interest in the land is vested in: By deed made by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber to the INSURED dated 5/11/2007 and to be recorded in the Office of the Clerk of the City/Register Suffolk County. 4. The 'and referred to in this policy is described On the annexed Schedule A _ Description. Countersigned: p~ t, ~ Authorized Officer or Agent _ AlTA Owner's Policy (6-17-06) . / / . . File No: RH07300502 SCHEDULE A - DESCRIPTION AMENDED 05/02/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the 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 northwesterly side of Dogwood Lane distant 109.33 feet southerly from the corner formed by the intersection of the northwesterly side of Dogwood Lane with the north side of Dogwood Lane; RUNNING THENCE South 27 degrees 12 minutes 10 seconds West along the northwesterly side of Dogwood Lane, 109. 32 feet to land now or formerly of Kelempelidis; THENCE North 62 degrees 47 minutes 50 seconds West along said land, 86.17 feet to land now or formerly of Kirincic; THENCE North 31 degrees 43 minutes 00 seconds East along said land now or formerly of Kirincic and later along land now or formerly of Belica, 109.66 feet to land now or formerly of Rozakis; THENCE South 62 degrees 47 minutes 50 seconds East along said land, 77.54 feet to the northwesterly side of Dogwood Lane and the point or place of BEGINNING. ALTA Owner's Policy (6-17-06) MAY,I1.20072:03PM CLTIC RIYERHEAD NO, 640 p, 2/2 File No: Rli073001l02 . SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Survey made by John C. Ehlers dated 04/26/07 shows premises as unimproved vacant land; a) Wetlands shown thereon; b) Variations between fences, South and West lines. No other variations shown, / . . A~TA Owner'. PolI<y (6-17-06) . . . a Commonwealth File No: RH07300502 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY NO. 07300502 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. Covered Risk Number 2(c) is deleted. 2. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. 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. Commonwealth Land Title Insurance Company Dated: May 11, 2007 ,,,1111111"'''11 ~~,' liT! It., "~",,.... ....~'f} f !4!n~"" By'. ......" v't" ......... ul;.".. I~.." ....~\ !~l \~~ ~iltiSEALi...~ s#~ :SE '- ~'" /l!l:i Attest: "~" .',j;f" '~,.,z:>,,'.............~~~ "'1" 4'f8RAS'4-~ ",,,,, """111'1"1111"\\\'" Secretary ~~&;~t. Countersigned: President By: 1~(,J;.Uh-- Authorized Officer or Agent ~ Standard New York Endorsement (5/1/07) For use with ALTA Owner's Policy (6~17-06) . / / . . EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: - 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prc,hibiting, or relating to (I) the occupancy, use, or enjoyment at the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A CONDITIONS , DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 11 and 12 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (8) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (6), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A. and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A. nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. U) "Title"; The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2, CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of U18 Insured Claimant to provide prompt notice, the Company's CONTROL NO CLf2-0002bll \,onoltlons t;ontlnueCl / / liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this pOlicy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In aU cases where this pOlicy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authoriz.ed representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the . . Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this pOlicy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this pOlicy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Payor Otherwise SeWe With Parties Other Than the Insured or With the Insured Claimant. (i) To payor otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (iI) To payor otherwise settle with the Insured Claimant the loss or damage provided for under this pOlicy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (Ii), the Company's obligations to the Insured under this pOlicy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claim~nt shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of iiabiiity under (a) and (b). the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, induding litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final Conditions Continued . determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shaH have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments thai address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the !nsured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other . controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at: Consumer Affairs Department PO Box 27567 Richmond, Virginia 23261-7567 THANK YOU. Title insurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions aboultitle insurance or the coverage provided by this policy, contact the office that issued this policy, or you may call or write: Commonwealth Land Title Insurance Company Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 telephone, toll free: 800446-7086 web: www.landam.com We thank you for choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. . Commonwealth land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters ~ Commonwealth . N Y S D E C . R E G I S T R Y . New York State Department of Environmental Conservation Division of Lands & Forests .Bureau of Real Property, 5th Floor 625 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 . FAX: (518) 402-9028 Website: www.dec.state.ny.us June 12,2007 Melissa Spiro Town of Southhold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: . CE: Suffolk 474 Grantor: Thomas A. Rozakis, Ann V. Rozakis & Kathleen A. Verderber Liber: Dl2505 Page: 522 CE: Suffolk 475 Grantor: Macari Associates LLC Liber: D12507 Page: 027 ~ ..... ~ Alexander B. Grannis Conunissioner The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, ~4~.~ . TAR:gm rc:--- . IIO~i ~U! I Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property ---:-~I 'Ii! \lUN 1 4 2087 DEPl. OF : Mii! : PRESrRI'AliON L-__..~.~~.._._.w_._,......,_..~___ . . . . MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 8, 2007 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Tim Reynolds Conservatiou Easements Registry ROZAKIS. ROZAKIS & VERDERBER to TOWN OF SOUTHOLD Re: Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Conservation Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: Thomas A. Rozakis, Ann V. Rozakis, and Kathleen A. Verderber GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Town of South old May 16, 2007 DOOOl2505 522 445 Dogwood Lane, Southold, NY 0.21 acre 1000-054.00-05.00-055.00 I Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, tJ44~ Melissa Spiro Land Preservation Coordinator enc. cc: Thomas A. Rozakis - 67-43 Cooper Avenue, Glendale, NY 11385 wlo enc. . S T E W A R D S H I P . . . THOMAS A. ROZAKIS, ANN V. ROZAKIS and KATHLEEN A. VERDERBER to TOWN OF SOUTH OLD Conservation Easement - 0.21 acre Premises: 445 Dogwood Lane, Southold SCTM #1000-54-5-55.1 Closing held on Friday, May 11, 2007 Southold Town Hall Annex (from left to right) Thomas A. Rozakis Ann V. Rozakis John P. Sepenoski, Deputy Supervisor . '-"- ~--- --- u ~~ ' ". "-~ --... -';1. '." .I....." .<t'-.....c.~ ~?~~ k. .~ \. - '. -- . . Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Ran Annex 54375 State Route 25 (comer 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 Tax Assessors Suffolk County Division of Real Estate Southold Town Board of Trustees Building Department Data Processing Town Comptroller Stewardship Manager Planning Board The Nature Conservancy Peconic Land Trust From: Melissa Spiro, Land Preservation Coordinator Date: May 11, 2007 . Re: THOMAS A. ROZAKIS. ANN V. ROZAKIS and KATHLEEN A. VERDERBER to TOWN OF SOUTHOLD Conservation Easement SCTM #1000-54-5-55.1 Please be advised that the Town has acquired a conservation easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 445 Dogwood Lane, South old SCTM #: 1000-54-5-55.1 PROPERTY OWNERS: Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber PURCHASE DATE: Closing took place Friday, May 11, 2007 PURCHASE PRICE: $2,500 per contract (this purchase was not based on a per acre figure) CONSERVATION EASEMENT: 0.21 acre (vacant land) FUNDING: Open Space Land Acquisitions MISCELLANEOUS: This property is located within an environmentally sensitive area of Great Ponds near Long Island Sound. The sellers offered this parcel to the Town as a signficant bargain sale. . SURVEY OF PROPERTY SITUATE, SOlITHOLD TOi"IN, SOUTHOLD SUFFOLK COUNTY, NY . SURVEY, 04-26-2001 SUFFOLK COUNTY TAX # 1000 - 54 - 5> - 55.1 alR11PD!D "" 'l'bl:auA.1lm.I1U AuV.~ EIlbIemA.V~ _or_ """""'-....- -"-> "-'..l? 0-<' ,,),:/f C::'~~ (? ~( 0 <"'", " ~'\) Ot c,*f q!c- lee; ",0':> , ' o c ,f"('\/ ,,-0(, tJ-"'j-' f,.9 Vo' -2 ~':;\ \" ii d ~i . " . ,1'% / 2' / .t.: ./ ,,I! t.~ < /h.. Q~... , ".,'. 1/ ""e"-..o . .>~;.. (-'I .. Y'l~o -"'" c.... "0_ V<, "- "0 'I'':>so''4> -( ~i ~\ 0. Ii , ~~ .~ NOTE5, o PIPE FOUND STAKE FOUND .. AREA ~ B,Q4e sf or 0.21 acres SRAPHIG SCALE ~--. 1".-. fO' , . I"~ "?o ql\.; <qlc:,soJ-y 0" n e .~;:::-o,' Q6.20 on!o;:er/ ":(f>,~^ 4 '!I Op "V.... '10 <! <^qL ", 4' t ':>':>.s.,r. / / / / . / / / ' /) / If/ It:f( / /l. / // // ; , / / / / / ~ ~ / / / , iPS 25 ~~ N wfE S <\ ~~ ~~ --"""~~---~'---' ~:~"'...=.~~=:..,..~.. -,--,-~-"'. ",..--,~-,-~--..., ~""'-"~"""~-'--''''' ._,,-- -... ,-~_.~... -,.~ ,;'~~f:;:~i:.: ~.....,... _._~_.~~, 0.,--.--............-.-... ::;-.;.::;::'~-.:::,~1:::= ~.'::.'::."=~:.':':.:;:";!,=:':;:.::,,;:,~:;, JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. uc. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Coropaqseryerlpros\07\07 147.pro " u,,;:'>- ~ . P R o P E R T Y . R E C o R D S . . . . V' ;.._....~..1l1l1-=_ ..lInl.l..1I1.1-:.I.".II_.,IILUa"""'OIIlI_llt,l.lla. :::\ File View Toolbar Help ~-~ '~ Eb"imr I~-~- ~-- .........----------------- 54, -5-55.1 Rozakis, ThOlllasA 4'15 DO!Jwolld In: Cit~: Sale Book 12440 12216 Glendale. NY Page 8S 755 Total: ir Sale Date Sale Pri~e Owner 02l24/0S 211.500 Rozakis. Thoma 10/08/02 65.000 Viet mol!. Debra Exemption Code Total' 0 Term Year OWn Pel Special District Code FD 02B S outhold FD PK070 Southold Park Total 4 Unils .00 .00 . Schl aite, star: SOD Site 1 of 1 Prpcls: Res vac land 'Nbhd Cd: 0 Sewer: 'Water: Utilities: Building Pet . T~pe .00 .00 Value / ~ Improvement Move Tax Type Name .00 .00 . .:tj Start ,. ~ lobox - Microsoft Outlook I ';....J Rozakis rJ~~~~2}l;\>~ School: Silulhold School Land AY: ~DO Total AY: 600 Misclillaneous Book: 12440 Page: 86 Mortg: . Bank: Accl No: 08 land 0 of 0 Total: 0 Total: 0 Diml Dim2 SQFT Yr Built II () RP5 Yersion 4 - [Snap... () V4GIS . PO Box 450 Southold, NY 11971 May 16, 2006 g.greenheron@.verizon.net Melissa Spiro Land Preservation Coordinator Land Preservation Department Southold, NY Re: 1000-54-5- Lot 55.001 Dear Ms. Spiro, My wife and I recently purchased a property adjacent to our house, on Dogwood Lane. There is a wetland on it that is part of the maritime interdunal swale that runs from Goldsmiths Inlet to Horton's Point. The Trustees and ZBA approved a site plan in March and June (respectively) of 2004 allowing a house on piles to be built 16 feet from the wetland. There would have been an above ground septic system 39 feet from the wetland boundary. I have attached a copy of the approved plan. . I have attached letters describing the principles and public policies (and laws), which we felt distinguished this parcel from the "vacant" land of a developer's dreams. We also describe the habitat that this small parcel provides. Since then, we have observed nesting Baltimore Orioles, tree frogs, warbling vireos and orchard orioles. We would like to make a bargain sale to the Town of the development rights to the property. The former owner bought it in Oct. 2002 for $65,000, without permits. We bought it in February of this year for $217,500. It is our plan to restore the wetland and site to its natural state, with the help of experts from the Cornell Cooperative Extension and other conservation organizations. This lot is a habitat, corridor, and sadly, an artifact of what our entire block was once like. We would like it to remain and serve as an example of the kind of preservation that can be achieved on a small and personal scale. We hope the Town would be interested in our offer. Please contact me at your earliest possible convenience. Sincerely, . ~'~""'""'"1 :[1::;\" I\~ ~ IE ~ W [ .., i ~ ,: lr..l:::-, nl " j t !,.~' .... 1 ! I ! I. :if)! : !! I U IiI MAY 2 3 ! I L.,,~___._ '.-'-..C'. . j O~~I_Of,~tl:;~! ?f:~_.'j,:r~\i~ TI: :" Thomas Rozakis . A E R I A L S . . . . . . . . . s U R V E Y . . SURVEY OF PROPERTY 5IlUATE: 5OUTHOLD TOv.IN: SOUTHOLD SUFFOLK COUNTY, NY FINAL SURVE'Y N W+E S SURVEY, 04-26-2001 I SUFFOLK COUNTY TAX # 1000 - 54 - 5 - 55.1 CERTIPIBD TO: 'Iboma8 A. Rozatl8 i Ann V. Rozatl8 YAlhw.. A. VenIedler Town of SoudIold Commonwealth LaIld 11tIe IDsunnc:e Compony --..\\\ 0' ~\ '-S;\ 9.\ i\ .. ~\ ';;, 1\ G' ~ co u: 8i '" 2{ m, 0: I~~>.... i( j ~ <: Oqg,... '>-: qe --"""'0 Q: , 'e~ t: ~ Ce 0 . ~ ' zc;, ~,2~ o~'__.u..( qli)e '" Y;7, ~ k:e;, ql7q SO~. e/))!vo JY I ;be;,. t-y IC/;" Or S fee <f DOr/)) cfF" I/))Itrer;, U.17, 10SY o/'. k:e;, e/)) ;bel' h. Y/s .u "'-. " o .(oJ " ""'V rJJ' ,(C'f tzO ") " '" O.u ,f" "u' /~' cf~ '-Icl'" .\ " 41717~ql7q "'0> Iv <q".ot-y /S Or <f fee h Or '10 /)) 0qs erly 4. ^2~/' <'qL. ",IS 86,20 4t7:ro~ # ..~ ~ ~ q ~ ~~ ~ ~~ .. t;' ~. ...; J 1 ~ , . Ii t:j~ b'" . 't,;~ <9~ J ~~ """""orlz..d"".....<>'_or""""'onIC"~ ""'P""o.-l"'3""o'''_''","",,,,,,,,,_,~,,,,,,,,,o vIOI",,,,,,,,r...d1cn12O",ovt>-"'v'""'''J,o''''"' ""~Y""""~,,"'E<>..o"''''''L'''' .On~o"PI"""""'''''''''''g'''''''f't''''_~ --<T..."..llhOO"'"'9""""'''''''a>d....._'P"'> """"''''''''''''''''<>'''''''<'''''''''''''''''''''''''''0'1<;1''""", 0",,''''" o PIPE FOUND STAKE FOUND "c...dlfIC"''''''' ''''''<0,,"'' Me.."" ..",,~ ""'" OhIO our--J"""" peep"'.." In <>c~"'"d<...'''' ""th "'" ..._ ~tioq(.Q""o'Pr""tk...rorL""'~odop"'" >>j..... ","" Y",~ ">to... ....0001"'''''' o' ProF...."""" L"""'''''''''..~. Sa1do"""'<"""""""""""",,",I~ "''''e "ec"",,'.,.. ""''''''',.,.......'''''J..P'"''f''''''''' """,,,,,hl."""""'o''''"'I..o'''''l''''''J.S!''v,,,",,,,,o_ "" "9"""~ <71d """""'3 ....lIM"'" ''''''d "''"'''''', ""d "''''''''''''J'<o8~o'_le''''''''3''''"''''''''' Corll"oa- """'",".."""r"",'","ool""''''''''''''''''''ffltrM",,," NOTES, ... I GRAPHIC SCALE. ~ . . 1"= 20' I .~ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD. N.Y. 11901 369 8288 Fax 369-8287 REF.\\Compaqserver\pros\07\07-147.pro AREA = 8,Gf48 sf or 0.21 OGres 'Do '_1.'