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Home My WebLink AboutDrum, Henry William & Saland, Shirley (Minnehaha Blvd parcel)1000-87-1-26.2 (f/k/a 1000-87-1-p/o 26) Baseline Documentation Premises: 300 Minnehaha Boulevard Southold, New York 2.1493 acres Open Space Acquisition HENRY WILLIAM DRUM and SHIRLEY SALAND to TOWN OF SOUTHOLD Deed dated January 12, 2005 Recorded January 21, 2005 Suffolk County Clerk - Liber D00012367, Page 290 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Zoned: Existing Improvements: 1000-87-1-26.2 (f/k/a 1000-87-1-26) 300 Minnehaha Blvd Southold $45,000.00 (per contract) Community Preservation Funds (2% land bank) Yes 2.1493 acres R-40 none in January 2005 A. Description of the Subject Site: The subject site is located on the southwest comer of Nokomis Road and Minnehaha Boulevard in the hamlet of Southold, township of Southold, county of Suffolk. The subject is an unimproved residential parcel. The total lot size is 2.16 acres according to a survey dated 10/2/02. The lot dimensions are 200' north on Nokomis Road by 387' east on Minnehaha Boulevard by 406' south and 345' west. The lot measures 2.16 acres total. The lot is level and mostly wetlands in the center and southern portions. The north roadfrontage on Nokomis Road has a small building envelope approximately 200' wide by 75'. There was a plan presented to the Town of Southold to build a one-family residence. Final approval has not been received. The degree in difficulty to receive building approval is considered very strong due to the close location to wetlands and the small building envelope. There are no improvements on the subject parcel. The north boundary is mostly wooded and uplands -this portion measures approximately 75' by 200'. The remaining subject lot is wetlands with a tidal stream running through the center and southern boundaries. The subject lot is located in flood zone A4, map # 3608130092D, 8/16/93. The public utilities are electric and telephone. There are private water wells and private cesspools with septic systems~ Nokomis Road and Minnehaha Boulevard are macadam roads public~ly maintained. There are streetlights. The subject ipclocated in a residential area. The nearest commemial shopping district is Southold/Village located 1 ½ miles to the north. A P P R A I S A L M O T I O N Town of Southold Land Preservation Committee Meeting Minutes Tuesday, November 18, 2003 7:30 P.M. Present were: Ray Blum, Ray Huntington, John Sepenoski, Bill Edwards, Fred Lee, Eric Keil, Reed Jarvis as well as Melissa Spiro and Tom Wickham. SCTM# 1000- 87-1-26 (Drum/Saland) Reviewed new application for small Open Space purchase on South Harbor Road at the curve and determined to order an~appraisal. Moved by Blum, Seconded by Edwards, motion carried 7/0. Negotiator open. P R 0 P E R T Y V I S U A L S DRUM/SALAND 2001 aerial SCTM #1000-87-1-26 I ~ ' I~ __ I I I I FOR ADJOINING AR~ SEE MAP NO.28 40 41 42 Lond~9 ~rEc°.l( LITTLE HOG NECK HOG NECK BAY 46 I ! NASSAU POINT C- ¢ ¢ ¢ C ¢ ¢ ¢ ¢ ¢ ¢ ¢ C NOKOMis ROAD I I I 71.08' "'"'"'- 95.12' S 8,0'31 1',50" W S 88'23'00" W now or formerly Dilworth Irrevocable Trust 47 now or formerly Aubrev Mealy Jr. & Priscilla Mealy R~80 SO U THO~ I I I J A--C R ~0 ZONE MINNEHAHA BOULEVARDj ARROW LANE ZONE C ZONE C HOG NECK ZONE C C OR SUBSTANTIALLY IN ;, 1990 IN ZONE C ZONE A4 E N V I R O N M E N T A L S U M M A R Y I Phase I Environmental Site Assessment I 300 Minnehaha Boulevard I I I 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. I I I I I The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New York. The subject property consists of a 2.16 acre parcel of undeveloped land. The property is located on the southwest comer of Minnehaha Boulevard and Nokomis Road. The property is more particularly described as Suffolk County Tax Map # 1000-087-01-26. The subject property consists of vacant land that contains a stream and associated wetlands. The southern two-thirds (2/3) of the property consists of wetlands with a stream bisecting the wetland area. The northern third (1/3) of the property consists of wooded land. No structures, foundations, drums, storage tanks, staining or stressed vegetation were observed on the subject property. It should be noted that wooden stakes and field ribbons were observed in the northwest comer of the property that were location markers for the corner of a house and deck. No other markers were identified on the property. Historic aerial photographs from 1938, 1957, 1969, 1976, 1980, 1994 and 1999 were reviewed in order to determine past uses of the property. This review revealed the property has always been vacant land. I I I An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, three (3) closed spill incidents are located within one-half (0.5) mile of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. I I I I I I ! ! FIGURE 1 LOCATION MAP t~.~ Source: DeLorme Street Atlas I Scale: Not to Scale 300 Minnehaha Boulevard, Southold Phase ! ESA NORTH Page 7 of 24 I I I I I I I I I I I I I I I I FIGURE 2 AERIAL PHOTOGRAPH Source: NYSGIS Orthoimagery Program, 2001 Scale: i"= 100' 300 Minnehaha Boulevard, Southold Phase 1 ESA NORTH I I ! ! ! ! FIGURE 3 WATER TABLE MAP 300 Minnehaha Boulevard, Southold Phase I ESA / ~ Approximate "' [ Site Location [,IL I~L[', Source: SCDHS Water Table Contour Map, 1999 I Scale: 1" = BAY °58958 ~ ~ i 20' ~3392~! '48433 ~.~ MPTON ,, NORTH Page 16 of 24 Toxics Targeting I Mile Radius Map 300 Minnehaha Blvd Southold, NY 11971 Suffolk County ELm] NpL CERCLIS NYSDEC Inaclive Hazardous Waste Disposal Re~isLry or Registry Qt~alifying S te RCRA Corlective Hazardous Waste Trealer, ~-~ Action Facility Storer, Disposer Hazardous Substance Solid Was[e Loc~tion r~l Wa[erbody Mino¢ Roads Distance in Miles m m m m mm m mm m mm m Toxics Targeting 1/2 Mile Radius Map 300 Minnehaha Bird Soulhold, NY 11971 N Suffolk Courtly Roads Roads B~der Radius Radius Radius Radius Distance in Miles m m m m m m mm mm ! m mm m mlmmm m Toxics T~roeUng 1/4 Mile Radius Map 300 Minnehaha Blvd Southold, NY 11971 Suffolk County Chemical Storage Dislance in M~es Toxics Targeting 1/4 Mile Closeup Map 300 Minnehaha Blvd Southold, NY 11971 N Suffolk County [] Hazardous Waste Trealer, [] Actio[~ Facility * Major Oil Chemical Storage En[orcement Docket Facilily *** ::.. Major · 1 Mile Search Radius *" 1/4 Mile Search Radius ~ Material Spill 1/8 Mile Radius Mile Search Radius P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 573 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 28, 2004: RESOLVED that pursuant to the provisions of Chapter 6 (Community Preservation) and Chapter 59 (Open Space Preservation) of thc Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ August 24~ 2004~ at 5:00 pm, Southold Town Hall~ 53095 Main road, Southold, New York as the time and place for a public hearing for the purchase of the properW owned by Henry Drum and Shirley Saland. Said property is identified as SCTM #1000-87-1-26 and 300 Minnehaha Boulevard. The property is located at the southwest comer of Nokomis Road and Minnehaha Boulevard in Southold in an R-40 zoning district. Thc proposed acquisition is for the entire approximately 2.1587 acre lot. The lot area is subject to survey. The purchase price is for thc entire $45,000.00 for the entire lot and is considered a bargain sale purchase. The property is listed on the Community Preservation Plan for purposes of wetland protection, preservation of open space, and preservation of lands of exceptional scenic value. 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 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6 (Community Preservation) and Chapter 59 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, August 24~ 2004~ at 5:00 pm~ Southold Town Hall~ 53095 Main road~ Southold~ New York as the time and place for a public hearing for the purchase of the property owned by Henry Drum and Shirley Saland. Said property is identified as SCTM #1000-87-1-26 and 300 Minnehaha Boulevard. The property is located at the southwest comer of Nokomis Road and Minnehaha Boulevard in Southold in an R-40 zoning district. The proposed acquisition is for the entire approximately 2.1587 acre lot. The lot area is subject to survey. The purchase price is for the entire $45,000.00 for the entire lot and is considered a bargain sale purchase. The property is listed on the Community Preservation Plan for purposes of wetland protection, preservation of open space, and preservation of lands of exceptional scenic value. 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 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. Dated: July 27, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 5~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Land Preservation (4) Town Clerk's Bulletin Board Town Board Members Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING August 24, 2004 5:00 P.M. HEARING ON THE PURCHASE OF PROPERTY OWNED BY DRUM AND SALAND~ SCTM /11000-87-1-26 AT 300 MINNEHAHA BLVD.~ SOUTHOLD. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6 (Community Preservation) and Chapter 59 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ August 24~ 2004~ at 5:00 pm~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for ~public hearing for the purchase of the property owned by Henry Drum and Shirley Saland. ,Said property is identified as SCTM #1000-87-1-26 and 300 Mirmehaha Boulevard. The propei-ty is located at the southwest comer of Nokomis Road and Miunehaha Boulevard in Southold in an R-40 zoning district. The proposed acquisition is for the entire approximately 2.1587 acre lot. The lot area is subject to survey. The purchase price is for the entire $45,000.00 for the entire lot and is considered a bargain sale purchase. The property is listed on the Community Preservation Plan for purposes of wetland protection, preservation of open space, and preservation of lands of exceptional scenic value. 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 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. I have a notice that it has appeared on the Town Clerk's bulletin board outside and it has also appeared in the local newspaper and those are ail the communications I have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. And our Land Preservation Coordinator, Melissa Spiro, will speak to the Board in regards to this application. MELISSA SPIRO, SOUTHOLD TOWN LAND PRESERVATION COORDINATOR: Hi. I am going to be very brief because I think all the information about the project was just read in the notice. I would like to apologize, I don't have my easel tonight, if anyone wants to see the aerial, I will put it out in the lobby as soon as I leave the podium. As Councilman Wickham mentioned, the property is August 24, 2004 Public Heating- Dmm-Saland Purchase 2 on our Community Preservation Plan, it is an important piece for our Open Space Program, for wetlands protection and also it is a parcel of exceptional scenic value. The landowners have offered the property to the Town at a below market ,value and both the Land Preservation Committee and I support this combination of private-public partnership to further our land preservation efforts. I would like to thank our landowners, there are two of them, Hank Drum-who I think is in the audience tonight and Shirley Saland, for offering this significant parcel to the Town and I recommend that the Town Board proceed with this purchase. Thank yon. SUPERVISOR HORTON: Actually, I have a couple of quick questions for you, Melissa, if you could answer. What are the plans in regard to DPW or land preservation in your correspondence with Jim McMahon, who oversees and maintains all of our open space. What if any, or will this remain .... .. MS. SPIRO: It will remain just as it is, in its natural state. SUPERVISOR HORTON: No trails? MS. SPIRO: It i: a small parcel, it is only two acres and a significant portion is wetlands and it is for scenic and wetland protection. I don't see any use of it as a trail. I mean, if there is, we could do a very, very small trail there. SUPERVISOR HORTON: Thank you very much. Would anyone else care to address the Board on this public hearing? (No response) We will close the hearing. Elizabeth A. Neville Southold Town Board S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 624 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2004: WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned by Henry Dram and Shirley Saland totaling approximately 2.1587 acres (subject to survey), identified as SCTM #1000-87-1-26, at the purchase price of $45,000 (forty-five thousand dollars), for the purpose of wetland protection, preservation of open space, and preservation of lands of exceptional scenic value, pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of the Town of Southold; and RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental quality Review SHORT ENV/RONMENTAL ASSESSMENT FORM For UNLTS'I~D AC'~ONS Only PART T-PRO.1ECT ZNFORMATiON (To be completed by Applicant OR Project) Page 1 of 2 1. APPI. ZCANT/SFONSOR: Southold Town Board 3. PRO3ECT LOCAT/ON: Municipality: ~'~'~ 0~,,~- ~- Or. I-~ ""~o u,, ~ County: 4. PRE,SE LO~ON: (S~et addre~ and road in~me~ons, prominent landmark, et~ or provide map) 5. ZS PRO~SED A~ON: ~1~ New ~ ~nsion ~ Hodifi~Uon 6. DESC~BE PRO2E~ B~EFLY: 8~ W~LL PROPOSED ACT/ON COMPLY WZTH EX~ST~NG ZONZNG OR OTHER EX~SI'~NG LAND USE RESTR/CT/ONS? ~ Yes ~ No if No, de$cdbe briefly 9, WHAT TS PR/~SENT LAND USE IN VZC/NI'TY OF PRO3ECT~ I~ ,/ ~ i- r~ I~ Residen~al Commercial Industrial Agriculture Park/Forest/Open space ~ Other Describe: " 10. DOES ACTION TNVOLVE A PERMIT APPROVAL, OR FUNDZNG, NOW OR ULTZMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes ~R~ No ifyes,//st agency(s) andperm/~/approval$ 11, DOES ANY ASPECT OF THE ACTZON HAVE A CURRENTLY VALTD PERM/'[ OR APPROVAL? Yes No if yes, Ii~ agency(s) and permi~/apptoval$ 12. AS RESULT OF PROPOSED Ac'r~ON WZLL EX/STZNG PERMI-r/APPROVAL REqUZRE MODZFiCA1/ON? Yes No ! CERI'~FY THAT THE ]INFORHATiON PROVZDED ABOVE ZS TRUE TO THE BEST OF MY KNOWLEDGE Signature /~//~'_.~.~--~r _ .~= ~)~ proceeding with this assessment PART IZ-ENV~RONIqENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACT[ON EXCEED ANY TYPE ! THRESHOLD ZN 6 NYCRR, PART 617.47 Yes~ No Zf yes ~ina~ the review p~e~ and use the ~11 ~F B. WTLL AC'I/ON RECEIVE COORDINATED REVIEW AS PROV/DED FOR UNI./S'n~D AC'I/ONS IN 6 NYCRR~ PART 617.67 ~ Yes ~ No If no, a negative declarabbn may be su.~l~endedby another invo/ved agency C. COULD Ac'r~ON RESULT IN ANY ADVERSE EFFECTS ASSIOC~ATED WTrH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing t~affic patterns solid waste production or disposals,potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agdceltural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in uso or intensity of use of land or other natural resources? Explain bdefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Loewi ~rm, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity of typo of energy)? Explain bdefly: D. W/LL THE PRO3ECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTER,TCS THAT CAUSED THE ESTABL/SHHENT OF A CEA? ~ Yes~ NO E. ZS THERE, OR IS THERE I./KELY TO BE, CONTROVERSY RELATED TO POTENT/AL ADVERSE ENVIRONMENTAL IH PACTS? PART//[- DE]~RMINAT~ON OF SIGNIFICANCE (To be completed by Agency) INSTRUCI~ONS: For each adverse effect identified above, determine whether it is substantial, large, or ~,therwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scopo; and (f) magnitude. If necessary, add attachments or reference supporting matadals. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of pad: II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental charactedsties of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may cccur. Then proceod directly to the FULL ENV~RONNE-DNAL ~SSESSMENT FORM and/or prepare a positive declaration. Check this box if you have determined, based on the info~mation and analysis above and any supporbng documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of I~Agency 7j of type Name.~ Responsible Officer in Lead Ageocy Titie of Respop~,ible Officer ~ -~at~e of Responsible Officer in Lead Agenc~ Signature of I~epare(if different~'frorn of responsible officer) P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 647 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2004: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of the property owned by Henry Dram and Shirley Saland on the 24th day of August, 2004, pursuant to the provisions of Chapter 6 (Community Preservation) and Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as SCTM #1000-87-1-26 and 300 Minnehaha Boulevard. The property is at the southwest comer of Nokomis Road and Minnehaha Boulevard in Southold in an R-40 zoning district. The proposed acquisition is for the entire approximately 2.1587 acre lot. The lot area is subject to survey; and WHEREAS, the purpose of the purchase is for wetland protection, preservation of open space and preservation of lands of exceptional scenic value; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for wetland protection, preservation of open space and preservation of lands of exceptional scenic value; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (Community Preservation) and Chapter 59 (Open Space Preservation) of the Town Code; and WHEREAS, the purchase price is $45,000 (forty-five thousand dollars) for the lot as the landowner has offered the property to the Town as a bargain sale; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the property owned by Henry Dram and Shirley S aland, totaling approximately 2.1587acres (subject to survey), identified as SCTM #1000-87-1-26 and 300 Minnehaha Boulevard, Southold, at the purchase price of $45,000 (forty-five thousand dollars), for purposes of wetland protection, preservation of open space and preservation of lands of exceptional scenic value, pursuant to the provisions of Chapter 6 and Chapter 59 of the Code of the Town of Southold. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT HENRY WILLIAM DRUM and SHIRLEY SALAND to TOWN OF SOUTHOLD Open Space - 2.1493 acres Premises: 300 Minnehaha Boulevard, Southold, NY SCTM #1000-87-1-26 Closing held on Wednesday, January 12, 2005, at 1:30 p.m., in the Conference Room at Southold Town Hall Purchase Price of $45,000.00 (per contract) disbursed as follows: Payable to Abigail A. Wickham, As Attorney $ 45,000.00 Check #079722 (1/12/05) Expenses of Closing: 2004/05 Real Property Tax Reimbursement $ 197.40' Payable to Abigail A. Wickham, As Attorney 140 days @ $ 1.41/diem (1/12/05- 5/31/05) *included in Check #079722 (1112105) Appraisal Payable to Andrew Stype Realty, Inc. Check #076011 (4/20/04) Survey Payable to Young & Young Check #078714 (10119104) Payable to Young & Young Amended boundary survey Check #080368 (2/15~05) **not paid at time of closing $ 1,000.00 $ 1,500.00 $ 45O.OO** Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #079100 (11/16/04) $ 1,150.00 Title Report Payable to Stewart Title Insurance Company Check #079720 (1/12/05) Fee insurance $ 469.00 Recording deed $ 235.00*** ***includes certified copy $ 704.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #079719 (1/12/05) $ 75.00 2nd half2004/05 Real Property Taxes re-imbursement Payable to Henry W. Drum ****not paid at time of closing Check #079769 (1/18~05) $ 257.45**** Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Henry William Drum Abigail A. Wickham, Esq. Karen Hagen, Esq. Melissa Spiro Melanie Doroski Bill Edwards Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Sellers Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Town Councilman VENDOR 023297 ABIGAIL A. WICKH3kM,AS ATTORNEY 01/12/2005 CHECK 79722 ~Tm~ ~ ACCOT~T P,0.# INVOICE H3 .8660.2.600.100 011205 H3 .8660.2.600.100 011205 DESCRIPTION AMOUNT OPEN SPACE-DRUM/SA 45,000.00 2004/05 PROP TAX REIM 197.40 TOTAL 45,197.40 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 FROM: Andrew Stype Realty, Inc. Box 63, Mattituck, NY 11952 631-298-8760 631-298-5779 fax TO: For professional appraisal services rendered. Nokomis Road Southold 1000-87-1-26 Drum & Saland real estate appraisal 00 miles @ $0.25 per mile 00 miles @ $0.25 per mile / Total: GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 019764 ANDREW STYP£ REALTY Y ,Y, JE Date Trx. Date Fund Account ............................. Begi 8/13/2002 8/13/2002 H3 .600 11/07/2002 11/07/2002 H3 .600 3/25/2003 3/25/2003 A .600 6/03/2003 6/03/2003 H3 .600 8/12/2003 8/12/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 4/06/2004 4/06/2004 A .600 4/20/2004 4/20/2004 H3 .600 ~/18/2004 5/18/2004 A .600 61/30/2004 11/30/2004 A .600 Select Record(s) or Use Action Code Di~bur~ Inquiry by Vendor Name ............. Detail--GL100N .............. W-04~02004-235 Line: 21 Formula: 0 : PAYABLE 4/20/2004 SDT 4/21/04 1,000.00 APPRAISAL-DRUM & SALAND 019764 ANDREW STYP£ R£ALTY~ INC 76011 SCNB 204081 Account.. H3 .600 Acct De~c ACCOUNTS Trx Date ..... Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ Invoice Code. VOUCHER ...... P.O. Code .... 12073 Project Code. Final Payment F Liquid. 1099 Fla~ .... N Fixed A~$et.. Y Date Released 4/20/2004 Date Cleared. 4/30/2004 F12=Cancel F21=Image F3=Exit YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 Telephone 631-727-2303 Facsimile 631-727-0144 admin C~youngengineering. com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect RONALD E. PFUHL, Landscape Architect 6 gg..zdsd6 d-q s., eeef o o o Invoice Date: 09/29/04 Invoice No. : 23129 Survey No. : 2004-00588 Survey For: SOUTHOLD, TOWN OF (SALAND PARCEL) Bill To: 1090 TOWN OF SOUTHOLD P.O. BOX 1179 53095 MAIN RD SOUTHOLD, NY 11971-0959 ............................ LOCATION Hamlet: SOUTHOLD Town: SOUTHOLD Lot #: Subdiv: Street: NOKOMIS ROAD & : MINNEHAHA BOULEVARD TOTAL: 1,500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 025030 YOUNG & YOUNG Y JE Date Trx. Date Fund Account ......................... Use Acti ,, 2/26/2002 2/26/2002 H15.600 ,, 8/26/2003 8/26/2003 DB .600 1/20/2004 1/20/2004 H3 .600 iY: 10/19/2004 10/19/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-10192004-891 Line: 395 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 10/19/2004 SDT 10/20/04 : 1,500.00 : SURVEY-DRUM & SALAND : 025030 : YOUNG & YOUNG : : 78713 SCNB : 23129 : : 12743 : : F Liquid. : 7 : Y : 10/19/2004 : 10/31/2004 : F12=Cancel F21=Image : Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ Invoice Code. VOUCHER ...... P.O. Code .... Project Code. Final Payment 1099 Flag .... Fixed Asset.. Date Released Date Cleared. F3=Exit YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 Telephone 631-727-2303 Facsimile 631-727-0144 admin@youngengineering, com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect RONALD E. PFUHL, Lan&cape Architect DOUGLAS E. ADAMS, Professional Engineer SCTM: 1000-087.00-01.00-026.000 Invoice Date: 01/11/05 Invoice No. :051101 Survey No. : 04-0588 Survey For: TOWN OF SOUTHOLD Bill To: LISA CI tiRE KOMBRINK, ESQ. 235 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 ............................. LOCATION ............................. Hamlet: SOUTHOLD Town: SOUTHOLD / Lot#: Subdiv: Street: NOKOMIS ROAD & MINNEHAHA BOULEVARD PREPARATION OF A AMENDING BOUNDARY SURVEY AND SURVEYOR'S DESCRIPTIONS PREPARED FOR THE PARCEL TO BE CONVEYED TO AUBREY MEALY JR. & PRISCILLA MEALY AND TIlE PARCEL TO BE CONVEYED TO TOWN OF SOUTHOLD. BALANCE DUE JAN,. PLEASE REFER TO INVOICE OR SURVEY NUMBER ON REMITTANCE Planning Engineering Land Surveying Architecture GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 025030 YOUNG & YOUNG JE Date Trx. Date Fund Account ........................ Use Acti 2/26/2002 2/26/2002 H15.600 8/26/2003 8/26/2003 DB .600 1/20/2004 1/20/2004 H3 .600 10/19/2004 10/19/2004 H3 .600 2/01/2005 2/01/2005 H3 .600 2/15/2005 2/15/2005 H3 .600 Select Record(s) or Use Action Code .............. Detail--GL100N .... : W-02152005-991 Line: 523 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 2/15/2005 SDT 2/16/05 : : Trx Amount... 450.00 : : Description.. SURVEY-DRUM/SALAND : : Vendor Code.. 025030 : : Vendor Name.. YOUNG & YOUNG : : Alt Vnd.. : : CHECK ........ 80368 SCNB : : Invoice Code. 051101 : : VOUCHER ...... : : P.O. Code .... 13445 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 2/15/2005 : : Date Cleared. : : F3=Exit F12=Cancel : .Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 04299 Project: VA01599 300 Minnehaha Blvd, Southold Manager: McGim~, Steven To: Town of Southold Dc~ot of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Invoice #: 2771 Invoice Date: October 28, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,150. O0 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 8/30 thru 9/29/04 Contract Amount: $1,150.00 Percent Complete: 100.00% Fee Earned: $1,i 50.00 Prior Fee Billings: $0.00 Current Fee Total: $1,150.00 *** Total Project Invoice Amount ,411 invoices are due net 30 day& ~1 late charge of I ~ per month will be added to any unl~aid balance after 30 days. $1,150. O0 Please make all checks payable to NE£SON POPE & VOOR Please include invoice number on check GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR ,, 6/01/2004 6/01/2004 ,, 6/15/2004 6/15/2004 ,, 7/13/2004 7/13/2004 ., 7/27/2004 7/27/2004 ,, 7/27/2004 7/27/2004 ,, 8/10/2004 8/10/2004 ,, 8/10/2004 8/10/2004 8/10/2004 8/10/2004 ~ 8/10/2004 8/10/2004 ~10/19/2004 10/19/2004 ,,11/16/2004 11/16/2004 ,Y, 11/16/2004 11/16/2004 ,,12/28/2004 12/28/2004 JE Date Trx. Date Fund Account ......................... Use Acti 6/01/2004 6/01/2004 H3 .600 H3 .600 H2 .600 B .600 H8 600 A 600 A 600 A 600 A 600 A 600 H3 600 H3 .600 H3 .600 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor ???? .............. Detail--GL100N .......... : W-11162004-114 Line: 250 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/16/2004 SDT 11/16/04 : : ?rx Amount... 1,150.00 : : Description.. PHASE i RP?/DRUM-SALAND : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 79100 SCNB : : Invoice Code. 2771 : : VOUCHER ...... : : P.O. Code .... 12744 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 11/16/2004 : : Date Cleared. 11/30/2004 : : F3=Exit F12=Cancel F21=Image : MAIN ROAD DRUM/ NEWYORK 11971-0959 NO. U [q,.~ I FI:,,; DATE CHECK NO AMOUNT 01/12/2005 79720 S704.00 ' O SEVEN HUNDRED FOUR AND 00/i00 D LLARS PAYTO ST~R~/TtT~' INSUPJ~NCE ORDER oF MEL~I~E ~' 11747 O0000N 0 III VENDOR 019624 STEWART TITLE INSUR3~NCE CO. 01/12/2005 CHECK 79720 H3 .8660.2.600.100 H3 .8660.2.600.100 P.O.~ TNVOTCE 24-S-1854 24-S-1854 DESCRIPTION AMOUNT FEE POLICY-DRUM/SALAN 469.00 REC DEED-DRUM/SALA-ND 235.00 TOTAL 704.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 SEVENTY FIVE A~D00/'tO'0 DOLLARS DATE 01/12/2005 ~) O0000N CHECK NO." AMOUNT 79719 ~75.00 - 0 I1" VENDOR 007707 KAREN HAGEN 01/12/2005 CHECK 79719 H3 .8660.2.600.100 P.O.# INVOICE 11205 DESCRIPTION AMOUNT TITLE CLOSER-DRUM/SAIJt 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 004679 DRUM/HENRY W. JE Date Trx. Date Fund Account ............................ Begi 1/18/2005 1/18/2005 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-01182005-702 Line: 113 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 1/18/2005 SD? 1/19/05 : : Trx Amount... 257.45 : : Description.. 2004/05 TAX-DRUM/SALAND : : Vendor Code.. 004679 : : Vendor Name.. DRUM/HENRY W. : : Alt Vnd.. : : CHECK ........ 79769 SCNB : : Invoice Code. 10277-REISSUE : : VOUCHER ...... : : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : 1099 Flag .... N : : Fixed Asset.. Y : : Date Released 1/18/2005 : : Date Cleared. : : F3=Exit F12=Cancel F21=Image : R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 5 Receipt Number : 05-0007594 TRANSFER TAX NUMBER: 04-25494 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 087.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $45,O00.OO 01/21/2005 02:19:21 PM D00012367 290 Lot: 026.000 Received the Following Fees Page/Filing $15.00 COE $5.O0 EA-CTY $5.00 TP-584 $5.00 RPT $30.00 Transfer tax $0.00 TP, ANSFER ~AX NUMBER: 04-25494 THIS PAGE For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Cert.Copies NO SCTM NO Comm. Pres Fees Paid IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $165.00 $5.00 $0.00 $0.00 $25O.00 Exempt NO NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County FEB 1 8 2005 DEFT OF LAND PRESERVATION Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 04-254?4 Recording / Filing Sta~nps Page/Filing Fee Handling 5. 00 TP-584 FEES Notation EA-52 I7 (County) EA~5217 (State) Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Sub Total Other Grand Total l~,~o 4 Dist. Real Propert) T~x Service Agency Verification 05002686 xooo OaTOO o~_oo 026000 [ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage or will be improved by a one or tv family dwelling only. YES or NO If NO, see appropriate tax clause on page #t/~p~/.~s ins:ument. Community Preservation }'un, Consideration Amount $ t~_~. ~, CPF Tax Due $ t~ Improved Vacant Land TD TD TD 7 [ Title Company Information Co. Name ~7c~gt'~vt- ~t-~:~ /p/.~{.~]~//~, 81 Suffolk County Recording & Endorsement Page 31ds page forms part of the attached ~_.~J made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. h the Township of In the VILLAGE BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Standard N Y B · U Form 8002 Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SrGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULO BE USED BY LAWYERS ONLY THIS INDENTURE, made the /,,~f~day of .~F.~0~,x~ 5aTtuaz'y, 2005 BETWEEN HENRY WILLIAM DRUM, residing at 2615 East Mill Road, Mattituck, New York 11952, and SHIRLEY SALAND, individually and as executrix of the Estate of Joseph Saland, deceased, residing at 903 Route 10E, Apt. 506, Whippany, New Jersey 07981, the party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation with offices at 53095 Main Road, PO. Box 1179, Southold, New York 11971, the party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100 .................................. ....................................................... ($10.00) ......................... dollars, and other good and valuable consideration paid by the party of the second part. does hereby grant aqd release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, All that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, Count,/of Suffolk and State of New York, beiBg more particularly bounded and described on Schedule "A" attached hereto and made a part hereof. Being and intended to be part of the same premises conveyed to the party of the flint part by deed dated 4/:[9/76, recorded 4/22/76 in Libor 802t page 266. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be app ed first for he purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever tl~e sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. / Henry William drum - · S hilly S"a~nd /deedl2 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of Suffolk ss: January On~beM- day of~m.x in,be year a~ 2005 before' me~ the undersi§ned, personally appeared HENRY WILLIAM DRUM personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(si'acted, e~(~c~, d~th~instPdment. (si~r~a~u/~/~d office ofi~,~i~J ~J~fvledg Commission Expires Sept. 30,~Q.~. State of New York, County of Suffolk ss: On the day of , in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/hedtheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument (signature and office of individual taking acknowledgment) State (or District of Columbia, Territory, or Foreign Country) of NEW JERSEY ss: ~J~ ~ in New J~dr sey .?~ . (insert the O~ty or ~ther political subdivision) (and inse~t ¥.e/State or C~nt~ ~r o~la ~ the acknowledgment was taken) SHARON B. THOMASON Notary Public ~ New ,lersey E~ARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. HENRY WILLIAM DRUM AND SHIRLEY SALAND TO THE TOWN OF SOUTHOLD STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by Commonw,,~? ........... SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: SCHEDULE "A" All that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suflblk and State of New York, bounded and described as follows: BEGINNING at a point marked by a monument found at the intersection of the westerly side of Minnehaha Boulevard and the southerly side of Nokomis Road; RUNNING thence from said point of beginning along the westerly side of Minnehaha Boulevard the following two (2) courses and distances: 1. South 20 degrees 40 minutes 00 seconds East 137.40 feet; 2. South 30 degrees 50 minutes 00 seconds East 220.29 feet to a point; RUNNING thence South 53 degrees 47 minutes 58 seconds West through land of the party of the first part 27.72 feet to land now or formerly of Aubrey Mealy Jr. and Priscilla Mealy; RUNNING thence along land now or fom~erly of Aubrey Mealy Jr. and Priscilla Mealy the following two (2) courses and distances: 1. North 76 degrees 15 minutes 00 seconds West 106.56 feet to a stake set; 2. South 80 degrees 31 minutes 00 seconds West 94.52 feet to a monument found and land now or formerly of Anita M. Dilworth Irrevocable Trust; RUNNING thence along land now or formerly of Anita M. Dilworth Irrevocable Trust the following two(2) courses and distances: 1. South 88 degrees 23 minutes 00 seconds West 95.12 feet to a monument found; 2. South 87 degrees 21 minutes 30 seconds West 71.08 feet to a stake set and land now or formerly of Laughing Water Property Owners Association; RUNNING thence North 04 degrees 02 minutes 00 seconds East along land now or foonerly of Laughing Water Property Owners Association 345.21 feet to a stake set and the southerly side of Nokomis Road; RUNNING thence South 85 degrees 58 minutes 00 seconds East along the southerly side of Nokomis Road 200.00 feet to the monument found at the point or place of BEGINNING. re scharpg 29) RIDER to DEED dated January 12, 2005, between HENRY W. DRUM and SHIRLEY SALAND and the TOWN OF SOUTHOLD AS SET FORTH in Chapter 6 and Chapter 59 of the Town Code of the Town of Southold, OPEN SPACE acquired by the Town pursuant to the provisions of these chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of open space acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) /OSHUA ?~LIO R-TO N outhold Town Supervisor )SS: On the 12th day of January, 2005, before me personally appeared J~)SHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 . ~...,~ualified in Suffolk County ,/) ~ ........ i.sion Expires March 21, 2ge-" cz'_ R E C O R D E D Q U I T C L A I M D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 Receipt Number ~ 05-0024317 TRANSFER TAX NUMBER: 04-31694 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 087.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 03/07/2005 04:05:50 PM D00012375 367 Lot: 026.001 Received the Following Fees For )%bove Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert.Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Con~n. Pres Fees Paid TRANSFER TAX NUMBER: 04-31694 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exemp. $5.00 NO $15.00 NO $165.00 NO $5.00 NO $0.00 NO $0.00 NO $247.00 Edward P.Romaine County Clerk, Suffolk County MAR ] 8 2005 DEPT OF LAND PRESERVATION Number of pages ~ TORRENS Serial ii Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P. TS.A. ~) ~ Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Sub Total Other Grand Total Real Property Tax Service ~ Agency /t~9~, ,..~. ~?~"~ Verification ~ Bloc~/, ~9 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town Dual County _ Held for Appointmenl; __ Tramfer Tax ~ Mansion Tax The property covered by this mortgag{ or will be impmved by a one or t' family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Consideration A~nount $ CPF Tax Due $ ~ Improved -- TD .. /(> TD ~. . ' ]~ (SPE~2fi~Y TYPE OF IN~STRUMENT) made by: ~../////_/~1~_ _~. ~.LI ~ ~ ~e pre~ses herein is situated in '~~. '~/V~. S~OLKCO~Y,~WYORK. ~ ~e Township of MUST BE T~ED~R P~D ~ B~CK ~K O~Y P~OR ~ ~CO~G 0R ~g. Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: % 171Title Compa.,y Infermatmn , ico, Name, ~ei~£c~,~ Suffolk County Recording & Endorsement Paee Standard NYB T U Form 8002 Quitclaim - Uniform Acknowledgment Form 5290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the J~day of :~st~ Janus,:y, 2005 BETWEEN HENRY WILLIAM DRUM, residing at 2615 East Mill Road, Mattituck, New York 11952, and SHIRLEY SALAND, individually and as executrix of the Estate of Joseph Saland, deceased, residing at 903 Route 10E, Apt. 506, Whippany, New Jersey 07981, the party of the first part, and AUBREY MEALY, JR. AND PRISCILLA MEALY, residing at 460 Nqk.omis Road, Southold, N~,w_.Y~r~k 11971, the party of the second,art, - ~ WlTNESSETH, that the party of the first part, in consideration of TEN and 00/100 .................................. ................................................. ($10.00) .................. --dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the par[y of the second part, the heirs or successors and assigns of the party of the second part forever, All that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Soul:hold, Counb/of Suffolk and State of New York, being more particularly bounded and described on Schedule "A" sttai;hed hereto and made a part hereof. Being and intended to be part of the same premises conveyed to the parb/of the first part by deed dated 4/19/76, recorded 4/22/76 in Liber 802! page 266. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first ,art will receive/he consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. He~ryWi.[liampmn'i~ ~l t~ ~ / Shidey Saland SCHEDULE "A" All that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a stake set on the westerly side of Minnehaha Boulevard at the northeasterly corner of Aubrey Mealy, Jr. and Priscilla Mealy, said point being situate the following two (2) courses and distances as measured along the westerly side of Minnehaha Boulevard from the intersection of the westerly side of Minnehaha Boulevard and the southerly side of Nokomis Road: 1. South 20 degrees 40 minutes 00 seconds East 137.40 feet; 2. South 30 degrees 50 minutes 00 seconds East 250.08 feet; RUNNING thence from said point of beginning North 76 degrees 15 minutes 00 seconds West along land now or formerly of Aubrey Mealy, Jr. and Priscilla Mealy 38.74 feet to a point; RUNNING thence North 53 degrees 47 minutes 58 seconds East through land of party of the first part 27.72 feet to the westerly side of Minnehaha Boulevard; RUNNING thence South 30 degrees 50 minutes 00 seconds East along the westerly side of Minnehaha Boulevard 29.79 feet to the stake found at the point or place of BEGINNING. re/scha(pg. 28) Sta~e of New York~ Count), 6f Suffolk ss: January Onthe/c~ dayof Er, e~g~L~ek intheyear ~ 2005 before me, the undersigned, persona~ly appeared HENRY W~LLIAM DRUM personal~y known to me or proved to me on ~he bas~s of satisfacto~ evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same m his/her/their ~pacity(ies), and ~hat by his/herflheir signature(s) on the ~nstrument, the individual(s), or the person upon behalf of wffich ~he individual cted, exec ed the instrument (signa~re~offic~ o~ndividual taking ackn~t) Nota~ Public, State of New Yo~ TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATF State of New York, County of Suffolk ss: On the day of , in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or Ihe person upon behalf of which the individual(s) acted, executed the instrument Isignature and office of individual taking acknowledgment) On the *~ day ot ~;~, in the ye~r'~ before me, the undersigned, personally appeared QUITCLAIM DEED HENRY WILLIAM DRUM AND SHIRLEY SALAND TO STANDARD FOR~ OF NL=W YORK BOARD OF TITLE UNDERWRITERS 1 Distributed by Common~? SECTION ,.Q ~ "~ , OC) BLOCK ,~Jo t -,oO LOT I~0 0 2 (o, O Oo COUNTY OR TOWN STREET ADDRESS Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: T I T L E P 0 L I C Y ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE® Countersigned by:-~J~'% ~ 1987 :2 id. ~1~ ~ ~ Secretary xcLus,o.sF.o. C0W. E The foiJowin~aHe~s a~e~'~te~siy ~xcluded from the coverage of this policy and the Company will not pay loss or damage, costs, aHorneys' fees or expenses which arise by reason 1. Ca) Any I~w, ordinance er governmental regulation (including but not limited to budding end zoning lows, ordinances, er regulations) restriding, regulating, prohibiting or relating to (i) the occupancy, use, el enjoyment of the land; (ii) the cheroder, dimensions or location of any improvement now or hereafter ereded on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a port; or (iv) environmental protedion, or the effect of any violation of these lows, ordinances or governmenlol regulations, except to the extent that a notice of the enforcement thereof er o notice of o defect, lien or encumbrance resulting from a violation or alleged violation affeding the land has beee recorded in the public records at Date of Policy, Cb) Any governmental police power not exduded by Ca) above, except to Itc exlenl that a notice of the exercise thereof or a notice of a deled, lien or encumbrance resulting from e violation or alleged violation a[fedJng the lend has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereef has been recorded in the public records at'Dote of Policy, but not excluding J~om coverage any taking whkh has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value withoul knowledge. 3. Defeds, liens, encumbrances, adverse claims or other matters: Ca) created, suffered, assumed or agreed to by the insered claimant; Cb) not known to the Company, not recorded in the public records at Date of Policy, but Imown to the insured claimant and not disclosed in writing to lhe Company bY the insured claimant prior to lhe date the insured claimant become an insured under this policy; Cc) resulting in no loss or damage to the insured claimant; Cd) attaching or cre~ted subsequent to Dote of Policy; or Ce) resulting in loss or damage which weeld not hove been sustained if the insured claimant hod paid value for the estate or interest insured bY this policy. 4. Any claim which arises out of the transadion vesting in the Insured the astute or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights lows, that is based on: Ca) the transecfiee creeting the estate el interest insured by this policy being deemed u fraudulent conveyance or fraudulent transfer; or Cb) the tmnsadion creating the estate or interest insured by this policy being deemed a preferential transfer excdpt where the Preferential transfer results ftom the failure: (i) to timely record the instrument of transfer; or (ii) aC such lecordation to imparl notice to u purchaser for value or a judgment or lien creditor. 0-8831- 3282?4 Phone: Stewart Title Insurance Company 125 Baylis Road Suffe 201 Melville New York 1174 7 (63D 501-9615 Fax: (63D 501-9623 Date: January 7, 2005 Title No: 24-S-1854 Melissa Spiro Town of Southold - Land Preservation Coordinator 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Borrower/Current Owner: Premises: Reference: Town of Southold 300 Minnehaha Boulevard Southold, New York 11971 In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. ALTA OWNER'S POLICY SCHEDULE A Title No.: 24-S-1 g54 Date of Policy': January 12, 2005 Policy No.: O-8831-$28274 Amount of Insurance: $45,000.00 1. Name of Insured: Town of Southold County: Suffolk The estate or interest in the land described herein and which is covered by this policy is: Fcc Simple Title to the estate or interest in the land is ve~ted in: Town o£ Southold, who acquired title by virtue ofa d~ed from I-I~ry William Drum and Shirley Saland, as Executrix and sole distrubitee of thc ~statc of Joseph Saland, by deed dated and to be record~l in the Suffolk County Clerk's/Reg~ster's Office, 4. The land referred to in this polity is described as follows: S~c Sch~lule A Description attached hereto and rome a part h~reof. District: 1000 Section: 87.00 Block: 01.00 Lot: 026.000, 4612 (7/93) Page 2 S T E W A R T T I T L E INSURANCE COMPANY ALTA 01~4E-R'5 POL[CY Title No.: 24-S-1854 SCI~DULE B Policy No O-8831'-32~274 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: 1. Rights of tenant(s) or person(s) in possession, if any. 2. Boundary Survey made by Young & Young dated 09/14/2004 and last dated 1/6/2005 in which covers premises and more shows subje~ premises as unimproved vacant land; creek, and landward limit of tidal wetland as shown thereon; concrete headwall along part of easterty line. 3. Covenants and Restrictions set forth in L~q~er 2185 at Page 426. 4. Telephone Easement as set forth in Liber 1977 at Page 479. Subject to the riparian rights of others in and to the tminterrupted flow of any brooks or slxeams crossing the premises, but the Company does not insure that the owners of the subject pr~nises have any rights to said brooks or streams over adjoining properties. 6. Subject to any restrictions under the Tidal Wetland Act/Freshwater Wetlands Act. 7. Rights of the People oft.he State of New York or City of New York jn those portions of premises now or formerly under the waters of"The Creek". / 8. Rights of thegovemment authorities to improve navigat !orb change bulkhead and share lines without compensation to upland owners. 9. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any. I O. Subject to the apportionment of taxes by the local taxing authority. 4613 (2/93 Page 3 S T E W A R T T I T L E INSURANCE COMPANY Stewart Title Insurance Company T~eNo: 24-S-1854 Schedule A Description A~IENDED 1/05/2005 (PARCEL TO BE CONVEYED TO THE TOWN OF SOUTHOLD) ALL that cvrtain plot, piece or parcel of land, lying and bring at Southold, Town of Southold, County of Suffolk and State of New York, known as and by part of Lot 026.000 in District 1000, Section 087.00 Block 01.00 on the Suffolk County Land and Tax Map, and boing bounded and described as follows: BEGINNING at a point marked by a monument found at the intersection of the westerly side of Minnehaha Boulevard and the southerly side of Nokomis Road; RUNNING THENCE along the westerly side of Minnehaha Boulevard the following (2) two courses and distances: South 20 degrees 40 minutes 00 seconds east, 137.40 feet; South 30 degrees 50 minutes 00 s~.onds east, 220.29 feet to a point; RUNNING THENCE South 53 degrees 47 minutes 58 seconds west thxvugh land of the party of the first part, 27.72 feet to land now or formerly of Mealy; RUNNING THENCE along said last mentioned lands the following two (2) courses and distances: North. 76 degrees 15 minutes 00 seconds West, 106.56 feet to a stake s~; South 80 degrees 31 minutes 00 seconds West 94.52 feet to a monument found and land now or formerly of the Anita M. Dilworth Irrevocable Trust; RUNNING THENCE along said last men6oned lands the following two (2) courses and distances: South 88 degr~ 23 minutes 00 .seconds west 95.12 fe~t to a monument found; South 87 degrees 21 minutes 30 seconds west 71.08 feet to a stake set and land now or formerly of Laughing Water Property Ownars Association; RUIVNI~G THENCE North 04 degrees 02 minutes O0 seconds Fast along said last m~6on~l lands, 345.21 feet to a stake set and the southerly side of Nokomis Road; TOGETHER with all right, title and inter~ of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. RUNNING TRENCE South 85 degrees 58 minutes 00 seconds East along the southerly side of Nokomis Road, 200.00 feet to the monument found at the point or place of B¢~nning. ADDED 1/05/2005 (FOR INI~ORMATION ONLY) (PARCEL TO BE CONVEYED TO AUBREY MEALY JR AND PRISCILLA MEALY) ALL Ihat certain plot, piece or parcel of land, lying and being al Southold, Town. of Southold, County of Suffolk and State of New York, known as and by part of Lot 026.000 in District 1000, Section 087.00 Block 01.00 on the Suffolk County Land and Tax Map, and b~ing bound~l and described as follows: BEGINNING at a point marked by a stake set on the westerly side of Mirmehaha Boulevard at the north~ly comer of Aubrey Mealy Jr & Priscilla Mealy, sa~d point being situate the following two (2) courses and distances as measured along the we~wrly side of Minnehaha Boulevard from the intersection of the westerly side of Minnehaha Boulevard and the southerly side of Nokomis Road: South 20 degrees 40 minutes 00 secunds east 137.40 feet; South 30 degrees 50 minutes 00 seconds east, 250.08 f~t; RUNNING THENCE from said point of beginning North 76 degrees 15 minut~ 00 seconds West along land now or formerly of Mealy, 38.74 feet to a point; RUNNING THENCE North 53 degrees 47 minutes 58 seconds east through land of the party of the first par 27.72 feet'to the westerly side of Mirmehaha Boulevard; RUNNTNG TIt~NCE South 30 degrees 50 minutes 00 seconds east along the westerly side of Minnchaha Boulevard 29.79 feet ~o the stake found at the point or place of Beginning. TOGETHER with all right, titlc and interest of the party of thc first part, in. ~nd to the land lying ill the street in front of and adjoining said piemis~s. STEWART TITLE INSURXNCE COMPANY HEREIN CALLED THE COMPANY Title No.: 24-S-1854 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-328274 l. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when co,3mersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions fi.om Coverage, Scheduies.;Contht~ons and St~puiat~ons therein, except as mothfied by the provtsmns hereo. Signed on January 12, 2005 , STEWART TITLE Stew ~arh~'itle Insurance Co4any ~NSURANC~ COMPANY Sign,~d by . ~ ~- Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STANDARD NLa%V YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) CONDITIONS 1. OEI:INITION 01: TERMS. The following terms when used in this policy mean: Co) "insured": the insured named in Schedule A, and, suhjed ta any eights el defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of Jaw os distinguished from purchase including, but not limited to, heirs, dJsilihutees, devisees, survivals, personal representatives, next of kin, or corporate or fiduciary successors. Cb) "insured claimant": an iesered claiming loss or damage. Cc) "knowledge" or "known": adual knowledge, not construdive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy ac any other records Which impart constructive notice of maters of Jectieg the land. Cd) "land": the land described ac referred to in Schedule A, and improvements affixed thereto which hy law constitute real pmgerly. The term "land" does not include any property beyond the lines of the area described or referred to ie Schedule A, nor any righl, title, interest, estale or easement in ahuiling streets, roads, avenues, alleys, lanes, ways or waterways, hut nothing hemJe shall modify or limit the extent to which u right of access to and from the land is insured by this policy. Ce) "mortgage": mettgage, deed of trust, trust deed, or other security instrument. Cf) "public records": records established under state statutes at Date of Policy for the gurpose of imparting constructive notice of matters relating to real pfope~ to purchasers for value and without knowledge. With respect to SedJon I(a)(Jv) of the Exclusions From Coverage, "public cecords" shall also include envimnmental protedJon liens filed in the recoJds of the clerk of the United States district cou~ fur the district iff wfach the land is located. (g) "unmarketability of the title": an alleged or apparent moiler affecting the tide to the lend, eot excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a conhactual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of un insured only so long as the insured retains an estate or interest in the land, or holds on indebtedness secured by a purchase money motigoge given by a purchaser from the insured, or only so long as the Jusered shall have liability by reason of covenants of warranty made by the insured in uny ttansfer or conveyance of the estate ac interest. This policy shall eot continue in force in favor of any purchaser from the insured of eilher (i) an estate or Jntar~t in the land, or (ii) an indebtedness secured by a purchase money mortgage given toihe insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CI),IMANT. The insured shall notify the Company promptly in wliting (i) in case of uny litigation as set forth in Sedion 4Ca) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected es unmarketable. If prompt notice shall not be given to the Company, then as to the insured oil JiabiJily of the Company shall terminate with regacd to the matter or mailers for which prompl notice is required; pcovided, however, that failure ta notify the Company shall in no case prejudice the tights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DU'IY OF INSURED CLAIMANT TO COOPERATE. Ce) Ugon written request by the insured and subject 1o the options contained in Section 6 of these Conditions and Stipulations, the Company, et its own cost and without unreasonable delay, shall provide for the defense of an insured in JiligalJon in which any third party asserts a claim adverse to the title or intecest as iflsuced, but only es to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its own choice (subject to the right of the insured to object for reasonable cause) to lepmsent the insured as to those stated causes of edion and shall nut he liable fec end will not pay the fees of any other counsel. The Company will not pay uny fees, cosl~ or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. Cb) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opJaJofl may be necessary or desirable to establish the title to the estate ac interest, as inse~ed, or to prevent ac reduce loss or damage to the insured. The Company may take any appropriate adion under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liabil~ or waive any provision of this policy. If the Company shall exercise it rights under this paragraph, Jt shall do so diligently. AND STIPULATIONS Cc) Whenever the Company shall have brought on action or interposed a defense a cequired or permitted by the provisions of this policy, the Company may pursue any lilJgatim to final determination by a court of competent jurisdiction and expressly reserves the right, il its sale discretion, to appeal ffom any adverse judgment er order. Cd) In all cases where this policy permits ur cequires the Company to prosecute o provide for the defense of any action or proceeding, the insured shall secure to the Cempen! the right 1o so prosecute or provide defense in the adion or proceeding, and all appeal: therein, and permit the Company to use, at its option, the name of the insured for thi: purpose. Whenever requested by the Company, the Jflseced, ai the Company's expense, shal give the Company all reasenahle aid (i) Je any adJon or proceeding, securing evidence obtaining witnesses, prosecuting or defending the adion or proceeding, er effectin[ settlement, and (il) il1 any other lawful act which in the opinion of the Company may b~ necessary or desirable to establish the title to the estate or interest es insured. If th~ Company is prejudiced by the failure of the insured to furnish the cequimd cooperation, th~ Company's obligations to the insured under the policy shall terminate, including any liebilifi ur obligation to defend, pmsecuta, or contiuue any litigation, wilh regard to the matter o mailers requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions am Stipulations have been provided the Company, a proof of loss or damage signed and sworn tc by the insured claimant shall be furnished to the Company within 90 days after the insurer cloimonl shall ascertain the fads giving rise to the loss or damage. The proof of loss o damage shall describe the defect in, or lien or encumbrance on the title, er other matte Jnseced against by this policy which constitutes the basis of loss or damage and shall state, Il the extent possible, the basis of calculating the amount of the loss or damage. If thc Company is prejudiced by the failure of the Jesumd claimant to provide the required proof e loss or damage, the Company's obligations to the insured under the policy shall terminate. including any JJahthty or obligatiee to defend, prosecute, or continue any litigation, witJ regard to the matter er matters requiring such proof of loss uc damage. In odditian, the insured claimant may reasonably be required to submit to exemJnatier under oath by any authorized representative of the Company and shall produce fe~ examination, inspection and copying, at such ceasonable times and places as may be designated by uny authocized replesetaotive of the Company, oil cecords, books, ledgers, checks, correspondence and memoranda, whethel bearing a date before or offer Date o' Policy, Which reasonably pertain to the loss ac damage. Further, if requested by on~ authorized representative of the Company, the insured claimant shall greet its pecmission, ir writing, for any authorized representative of the Company to examine, inspect and copy al records, books, ledgers, checks, correspondence and memoranda in the custody or central of c third petty, which reasonably pertain to the loss er damage. All information designated m confidential by the insured claimant provided to the Company pursuant to this Sedion shal not be disclosed to others unless, in the reasonable judgment of the Company, it is flecesseh in the administration of the claim. Failure of the insured claimant to submit for exuminatior under oath, produce other reasonably requested Jnfecmatian or grant permission to secure reasonably necessacy information from third parties os required in this paragraph shat terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SEITLE CL~I~; TE~INATION OF LIABILITY. In case efe claim under this policy, the Company shall have the following additional options: Ca) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with an~ costs, attorney~' fees and expenses incurred by the insured cleimant, which were authorizec by the Company, up to the time of payment or tender of payment and which the Company i! obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and thc policy shall be surrendered to the Company for cancellation. Cb) To Pay or Othenese Seflte WDh Po[ties Othe~ than the Insured or With the Insured aoimont. (i) to pay or otherwise settle with other patties far or in the nome of on iesemd claimant any claim insured against undo[ this policy, together with any costs, altarneys' fern end expenses incurred by the insured claimant which were authorized by the Company up tc the time of payment and which the Company is obligated to pay; or (ii) 1o pay or otherwise settle with the insured claimant the loss or damage provided fac under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of paymenl and whic! the Company is obligated to pay. (continued and concluded on last page of this policy) (continued and concluded from reverse side of Policy Face) Upon the exercise by the Company of either of the options provided for in paragraphs (b)(J) 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, indqdJn~ any liabiliW or obligation to defend, prosecute or continue any litigation. 7. DETE~INATION, EXTENT OF UABIU'IY AND COINSURANCE. This policy is o centred of indemnity against actual monetary loss or damage sustained by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only Io the exlenl herein described. Co) The liability of the Company ueder this policy shall not exceed the leasl of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate m inlerest subject ta the detect, lien or encumbrance insured against by this policy. Cb) In the event the Amoanl of insurance stated in Schedule A at the Date of Policy is less thao 80 perceet of the value of the insured estate or interest or the full xnesideratine paid for the estate or interest, whichever is less, or if subsequent to the Dole of Policy an improvement !s erected au the land which increases the value of the insured eslete or interest by at least 20 percent over the Amount of Jesmaoce stated in Schedule A, then this Policy is subjed to the following: (i) where no subsequent imprenemnet has been mode, as to ney partial Joss, the Company shall only pey tho loss pre rote in the proportion fhol the amount of insurance at Dote of Policy bears to the total value of the insured estate or interest at Dote of Policy; or (ii) where a subsequent improvement has been mode, as to any pertiol loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance slated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, ottomays' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of lesmance stated in Schedule A. Cc) The Company will pay only those costs, attorney's fees ged expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used os Jo single site, and o loss is established affecting one or more of the parcels but not o11, tho loss shall be computed and settled on a pro ,ute basis os if the amount of insurance under this policy was divided pm rata os to lh~value on Date of Policy of each separate parcel to the whole, exclusive of any improveme~', s made subsequent to Date of Pohcy, unless a bafuhty or value has otherwise been agreed L~pee as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by on endorsement attached to this policy. 9. UMITATION OF UABILflY. Ca) If the Compoay establishes the title, or removes the alleged deled, lien or encumbrance, or cures the lack of a right of access to or from the lend, or cures the claim of unmarkelebility of title, oll as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with rasped to that matter and shall not be liable for gay loss or damage caused thereby. Cb) In the event of any litigation, including JJggaflne by the Company al with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a coud of competent iurisdJdine, and disposition of oil appeals therefrom, adverse to the title as insured. Cc) The Company shell not be liable for loss or damage to any insured for liability valunlerdy assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TE~INATION OF LIABILIIY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amouot of the insurance pro teele. 11. LIABII31Y NONCUMU L~TIVE. it is expressly understood that the amount of insurance under this policy shall he reduced by any amount the Company may pay under any policy insuring o mortgage to which i~j~xcegtion is lekee in Schedule B or to which the insured has agreed, assumed, or lakee ubed, or which is hereafter executed by au insured and which is a charge or lien on the estole or ioteresl described or referred to in Schedule A. and the amount so paid she be deemed a payment under this policyto the insured owner. 12. PAYMENT OF LOSS. Ca) No payment shall be made without producing this policy for endorsement of the payment unless tho policy has been Jest or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Cneipaay. Cb) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SEITLEMENT. Co) The Compem/'s Right of Subreqofion. Whenever the Company shall have settled and paid a claim under lhis policy, all right of subrogation shall vest in the Company uneffedod by any act of the insured claimant. The Company shall be subrogaled to ned be entitled to all rights and remedies which the insured claimant would have had against any person or properly in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall ttonsfm to the Company all rights and remedies against any person or property necessary in order to perfect lhis right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and le usa the name of the insured cJaimanl in any tronsedion or litigation involving these rights or remedies. If a payment on account of a claim does not folly cover the loss of the insured claimant, the Company shall be subrogated to these Tights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should mselt from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by tho insured claimant of the Compeay's right of subrogaliee. Cb) The Company's Righle Against Non-insured Obligors. The Company's right of subrogation against naa-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other pehcies of insurance or bonds, notwithstanding any terms or conditions contained in those Jnsttumeets which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable Iow, either the Company or the insured may demand arbitration pursuanl to tho Title Insurance Arbitration Rules of tho American Arbitration Association. Arbitrable matters may JncJede, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with ils issuance or the breach of a pelicy provision or other obligation. All arbitrable matters, when the Amount of Insurance is S1,000,000 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 S1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitragon pursuant to this policy and under the Rules ia effect On the date the demand for arbitration is made o[, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the lows of the state in which the land is located permit a court le award oltomeys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdidion thereof. The low of the situs of the land shall apply to an arbitration under the Title insurance Arbittation Rules. A copy of the Rules may be obleioed nam the Company upon request. 15. UABIUIY UMITED TO THIS POLICY; POUCY ENTIRE CONTRACT. Co) This policy together with all endomemeols, if any, attached hereto by the Company is the entire policy and ceetmd between the insured and the Company. In interpreting any provision of this policy, this policy shall he construed as a wbeJe. Cb) Any claim of loss m damage, whether m eot based ne negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restrJded to this policy. Cc) No amendment of or endorsement to this policy can be made excepl by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secmlery, or vahdating officer or authorized signatory of the Company. 16. SEVERABILI1Y. In the event any provision of lhe policy is held invalid or unenforceable under applicable Iow, the policy shall be deemed not to include that provision and ell other provisions shall remain ia full force and effect. 17. NO11CES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 300 East 42nd Street, New York, New York lOOT 7. STEWART TITLE® STEWART TITLE® P~CY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® pOMCY TITLE INSURANCE STEWART TITLE® 300 East 4~nd Street New York, New York 10017 STEWART TITLE® POMCY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR m¢lissa.spiro @town.sou~hold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator January 13,2005 HENRY WILLIAM DRUM & SHIRLEY SALAND to TOWN OF SOUTHOLD - SCTM #1000-87-1-26 Open Space Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: PROPERTY OWNERS: PURCHASE DATE: PURCHASE PRICE: OPEN SPACE ACREAGE: FUNDING: MISCELLANEOUS: 300 Minnehaha Boulevard, Southold Henry William Drum and Shirley Saland Closing took place 1/12/05 $45,000 per contract (this purchase was not based on a per acre figure) 2.1493 acres CPF 2% Land Bank This purchase was a bargain sale. PAGE 83 -3798 NOT~ SURVeyOR'S CD~llflCA110N TOWN OF SOUTHOLD At Southold. Town of 5ou[h01d Suffolk County, Naw York PAGE 84 IVIELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 12, 2005 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re~ Notice of New Owner SCTM #1000-87:1-26 Dear George: Please be advised that the Town of Southold purchased the property identified as SCTM #1000-87.-1-26 located at 300 Minnehaha Boulevard in Southold for open space purposes on January 12, 2005. The property was formerly owned by Henry William Drum and Shirley Saland, and further identified on your bill #10277. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the property is declared exempt by the Town Assessors. Very truly yours, ff Melissa Spiro Land Preservation Coordinator /md cc: Southold Town Assessors File View TooIbar Help Double dick to open a window J ~ COUNTY OF SUFFOLK ~ ~ ,,, ,- ~ ~ SOUTHOLD SEC~ION NO NOTICE ~ ~ Re~ Pro~rfy Tax Service Age~y v ',~ 0 8 7 2 0 0 4 P H O T O S Photograph Addendum Year 200/~ ~orrower Henry Drum & Shirley Saland Address Nokomis Road & Minnehaha Boulevard Southoid ~u~ty Suffolk New York zipo~e 11971 of Southold Lender'sAddress Land Preservation Dept. , Main Rd., Southold, NY D. Style, NYS Certified Apprai~r'sAddress PO Box 63, Mattituck, NY 11952 Subject Lot North Boundary Subject Lot Northwest Boundary 52 Photograph Addendum Year 2004 ~orrower Henry Drum & Shirley Saland ~rope~Address Nokomis Road & Minnehaha Boulevard ;i~ Southold Ceun~ Suffolk New ~o=k ZipCode 1197l /Client Town of southold Lender'sAddress Land Preservation Dept. , ~ ~ ] Sou~hold, NY Ip~aiserAndrew D. Stype, NYS Certified Appraise~sAddressPO BOX 63, Mattituck, NY 11952 Subject Lot Center - Look West Subject Lot South Boundary I 53 Photograph Addendum Year 2004 )orrower Henry Drum & Shirley Saland ^ddress Nokomis Road & Minnehah& B~uievard Southold C0un~ Suffolk New York zipC~e 11971 of Southold Lender'sAddress Land Preservation Dept. , Main Rd. , southold, NY Andrew D. St~pe~ ~ ~tified Appraiser'sAddmss PO BOX 63, Mattituck, NY 11952 Subject Street Minnehaha Boulevard Subject Street Nokomis Road I 54 A E R I A L S S U R V E Y U S z NOKOMIS ROAD Anita M. S 87'21 95.12' W S 88'23'00" W now or formerty Dilworth irrevocable Trust TO TOWN OF SOU~IOLD AREA = 23495 ACRES N TO MEALY AREA ~ 0.0094 ACRE now or formerly Aubrey Mealy Jr. & Priscilla Mealy Yo~'n.g & Yo'~.g FINAL SURVEY AREA NOTE = 2.1587 ACRES · LINES OF CREEK ARE FROM 1982 SURVEY. SURVEYOR'S CERTIFICATION · WE HEREBY CER'RFY TO TDWN DF .~E3UTHI3LD & SURVEY FOR TOWN OF . At Southold, Suffolk SOU TH OLD Town of South01d County, New York County Tax Map Di,tdct 1000 S,.t~o. 87 e~ock 01 Lot 26 ] JAN, 6, 2005 MAP PREPARED SEPT. 14, 2004 SCALE 1" = 50' BS 2 0 0 1 A E R I A L M A P Town of Southold Town Board Public Hearing Town Open Space Purchase Map Prepared by Town of $outhold GIS August 24, 2004 Drum/Saland SCTM# 1000-87.-1-26