HomeMy WebLinkAboutAdamowicz, Michael III (Laurel Lake Preserve)1000-121-5-4.4
(f/k/a 1000-121-5-p/o 4.1)
Baseline Documentation
Premises:
8500 Sound Avenue
Mattituck, New York
10 acres
Open Space Acquisition
MICHAEL ADAMOWICZ, III and
ELIZABETH MARY FRASER
to
TOWN OF SOUTHOLD
Deed dated December 22, 2003
Recorded January 6, 2004
Suffolk County Clerk - Liber D00012293, Page 445
SCTM #:
Premises:
1000-121-5-4.4
(f/k/a 1000-121-5-p/o 4.1)
8500 Sound Avenue
Hamlet:
Mattituck
Purchase Price:
Funding:
$ 270,000.00
($27,000/acre)
Open Space
CPF 2% Land Bank
CPF Project Plan:
Yes
Total Parcel Acreage:
71.4 acres
Lot 1 - 10 acres (Town)
Lot 2 - 2 acres (Calderone)
Lot 3 - 59.4 acres (County)
Town Open Space
10.0 acres
Zoned:
R-80
Existing Improvements:
In December 2003 -
Lots 1 & 3 - none
Lot 2 - house & barn
DESCRIPTION.
LEGAL
The subject is legally identified on the Suffolk County Tax Map as part of District 1000,
Section 121, Block 5, Lot 4.1.
LAND
The subject is part of an irregular shaped parcel of land with 1,645+' of frontage along
the southerly side of Sound Avenue, running thence southerly 191.23_+', thence easterly
507.84+', thence southerly 1,307.93+', thence westerly 1,638.23+' (irregular), thence
northerly 585.34+', thence westerly 341 +', thence northerly 1,772.43+' for a total land area
of 71.4+ acres.
Utilities (electric and telephone) are available along the property's road frontage.
Sound Avenue is a two.way, publicly maintained macadam road with shoulders.
The property has a gently rolling topography with areas of steep slopes and is on
grade with the abutting road. It is partly cleared with wooded areas. The property is
bisected by a LIPA easement and high tension power lines.
_GIVEN
DESCRIPTION (CONTINUED)
LAND (CONTINUED)
The property contains pond and wetland areas. These areas are not developable and
cannot be used in calculating the yield the property could receive. We have not been
provided with an accurate survey showing these lands but we have estimated these lands
to contain 9+ acres. In addition, the property'is improved with a frame dwelling and a barn
to which we have been inst(ucted to allocate 2+ acres to support these improvements and
exclude this area from the appraisal. Therefore, the subject of this appraisal will have an
area of 69.4+ acres with a net useable area of 60.4+ acres and 9+ acres of wetlands.
As per the Suffolk County soil survey the subject contains Haven Loam, Riverhead
Sandy Loam, Carver and Plymouth Sands and Mucklands.
IMPROVEMENTS*
The subject property appraised is vacant, unimproved land.
PRESENT USE AND OCCUPANCY
The subject is currently in use as farmland. There are several improvements including
a dwelling located on the property that have been excluded from this appraisal.as per the
request Of the client.
* Existing improvements not considered in this appraisal.
-GIVEN2o
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2001 Aerial
SCTM #1000-121-5-4.1
Total Acreage = 71.4 acres
Lot #1 = 10 acres (Town); Lot #2 = 2 acres (Calderone);
Lot #3 = 59.4 acres (County)
LiNE
Tax Map Location
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276.4
__432.84
Title: SKETCH OF SUBJECT
Date: 03-07-2000
Scale: 1 tach = 375 feet
I File: ADAMOWlCZ.des
Tract 1:71.525 Acres: 3115636 Sq Feet: Closure = s03.4740w 0.55 Feet: Precision =1/14623: Perimeter = 7989 Feet
001=S89.1340E 39.5
003=S72.4600E 352.1
004=S68.4030E 625.4
005=S73.4750E 187.6
006=S80.2820E 149.51
007=S86.5400E 162.39
008=Sl6.2030E 191.23
009=S86.5400E 432.84
010=N87.33E 75
011=S22.2810E 1307.93
012=S57.3750W 179.34
013=S55.1350W 141.7
014=S55.4350W 130
015=NSO.3230W 408.84
016=S88.31 I0W 132
017=N88.2850W 276.4
018=N88.0120W 200.66
019=N89.5700W 169.29
020=N21.5300W 249.7
021=N19A410W 335.64
022=S42.2750W 124
023=S59.3650W 217
024=N19.5220W 1772.43
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PHOTOGRAPHS OF SUBJECT
View of Subject Along Sound Avenue
View of Subject's Wooded Area
~GIVEN 4a
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PHOTOGRAPHS OF SUBJECT (CONTINUED)
Subject Street Scenes
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Phase I
Environmental Site Assessment
Adamowicz Property
1.__QO SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order to 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 Commemial 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.
The subject property lies in the Town of Southold, County of Suffolk, New York. The subject
property is a 71.4 acre parcel of land located on the south side of Sound Avenue where it splits
from Middle Road (CR 48). The property is more particularly described as Suffolk County Tax
Map No. 1000-121-05-4.1. This report is being completed on a 69.4 acre portion of the property.
The two (2) acres surrounding the existing house and barns are not included in this report.
The inspection conducted on the subject property revealed the property consisted of vacant
fallow land. Remnants of past agricultural uses were observed throughout the property. Several
trails transversing the property were maintained. An empty 1,000 gallon storage tank and steel I-
beams and trusses were located off the southeast comer of the barn. No staining or stressed
vegetation was observed in the vicinity of the tank. The majority of the property had flat
topography; however, the southern portion sloped down to the south. A small pond, located in
the west central portion of the property has been utilized as a gathering spot for neighboring
children is evidenced by the couch and beer bottles. Several old car hulks are located in the west
and south central portions of the property. No visible staining was noted in the area of the car
hulks. The remnants of what appeared to be an old farm dump were observed in the west central
portion of the property. This area contained a rested empty drum and several empty five (5)
gallon rested metal pails. No indicators of environmental conditions such as dumping, staining,
residue, odors, or stressed vegetation were observed, except as previously noted. No buildings or
foundations were observed on the vacant portion of the subject property which is the subject of
this report.
An extensive government records search found no potential sources of environmental
degradation on the site. Several Federal, State and County documented regulated sites were
noted in the vicinity of the subject property. Specifically, twelve (12) spill incidents were located
within one-half (0.5) mile and one (1) RCRA Generator is located in close proximity of the
subject property.
Adamowicz Property, Mattituck
Phase I ESA
In conclusion, this assessment has revealed evidence of the following recognized environmental
conditions in connection with the subject property, subject to the methodology and limitations of
this report.
The 1,000 gallon storage tank and steel I-beams and trusses should be removed and
properly disposed of. Once the tank is removed, the under side of the tank and the
ground beneath the tank should be visually inspected to determine if any prior releases
had occurred.
The cars hulks located in the west and south central portions of the property should be
removed and properly disposed of.
The old farm dump should be investigated to deterrmne if any hazardous materials were
deposited in the dump area.
Page 2 of 26
Adamowicz Property, Mattituck
Phase I ESA
~.~oCATION MAP
Adamowicz Property, Mattituck
'?'- Riverhead
0 mi 0.5 I 1.5
SITE
Adamowicz Property, Mattituck
Phase I ESA
NORTH
Adamowicz Property, Mattituck
Phase I ESA
FIGURE 5
GROUNDWATER CONTOUR MAP
" ~ q BAY
Source: SCDHS, 1999
NORTH
Adamowicz Property, Mat~tuck
Phase I BSA
FIGURE 7
NYSDEC FRESHWATER WETLANDS MAP
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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. 89 OF 2003 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 4, 2003:
WHEREAS, on July 2, 2002 the Town Board of the Town of Southold held a public hearing
and elected to purchase 69.4 acres of the subiect property in a 50%/50% partnership with the
County of Suffolk as tenants in common; and
WHEREAS, the partnership in the project has changed in that the Count. of Suffolk is
now purchasing approximately 59.4 acres and the Town of Southold is purchasing
approximately 10 acres; and
WHEREAS, both the County's purchase and the Town's purchase are for open space
preservation purposes. Proposed uses of the property shall be in conjunction with the existing
preserved land in the vicinity, which may include the establishment of a nature preserve, passive
recreational area with trails and parking for access purposes; be it therefore:
RESOLVED that pursuant to the provisions of Chapter 59 and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday, February 25, 2003 at 8:10 p.m., Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing for the purchase of approximately 10
acres of the property of Michael Adamowicz and Others. Said property is identified as SCTM
#1000-121-5-4.1. The property is located on the south side of Sound Avenue in Mattituck. The
proposed Town acquisition is for 10 acres of the approximately 71.4 acre property. The proposed
County acquisition is for approximately 59.4 acres of the approximately 71.4 acre property.
The purchase price is $27,000 (twenty-seven thousand dollars) per acre for the 10 acre
acquisition. The exact area of the purchase is subject to a survey acceptable to the Land
Preservation Committee and the County of Suffolk. Other than the land acquisition cost, all
additional costs associated with the acquisition are to be shared between the Town of Southold
and the County of Suffolk and will be based on the percentage of land acquired by the Town
(currently standing at approximately 14%).
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved. The property is significant for open space and recreational (trail) purposes
and is located within the Special Groundwater Protection Area.
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, Feather Hill
Annex, 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 59 and
Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the
Town of Southold hereby sets Tuesday, February 25~ 2003 at 8:10 p.m., Southold
Town Hall, 53095 Main Road, Southold, New York as the time and place for a public
hearing for the purchase of approximately 10 acres of the property of Michael
Adamowicz and Others. Said property is identified as SCTM #1000~121-5-4.1. The
property is located on the south side of Sound Avenue in Mattituck. The proposed Town
acquisition is for 10 acres of the approximately 71.4 acre property. The proposed County
acquisition is for approximately 59.4 acres of the approximately 71.4 acre property.
NOTICE IS HEREBY FURTHER GIVEN that the purchase price is $27,000 (twenty-
seven thousand dollars) per acre for the 10 acre acquisition. The exact area of the
purchase is subject to a survey acceptable to the Land Preservation Committee and the
County of Suffolk. Other than the land acquisition cost, all additional costs associated
with the acquisition are to be shared between the Town of Southold and the County of
Suffolk and will be based on the percentage of land acquired by the Town (currently
standing at approximately 14%).
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved. The property is significant for open space and recreational
(trail) purposes and is located within the Special Groundwater Protection Area.
NOTICE IS HEREBY 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, Feather Hill Annex, Southold, New York, and may be
examined by any interested person during business hours.
Dated: February 6, 2003
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON FEBRUARY 13~ 2003~ AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler Watchman
Melissa Spiro
Town Clerk's Bulletin Board
Town Board Members
Town Attorney
Michael Adamowicz & others
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 25, 2003
8:10 P.M.
HEARING ON THE PURCHASE OF THE PROPERTY OF ADAMOWICZ AND OTHERS~
SCTM #1000-121-5-4.1.
Present:
Absent:
Supervisor Joshua Y. Horton
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
Justice Louisa P. Evans
Councilman Thomas H. Wickham
MAR - 4 2003 .,
SUPERVISOR HORTON: We will move to our next public hearing, which was scheduled for 8:10
P.M. And we are moving fight along with it. It is an open space acquisition heating.
COUNCILMAN RICHTER: NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 59 and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of
the Town of Southold hereby sets Tuesday, February 25, 2003 at 8:10 p.m., Southold Town Hall,
53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase
of approximately 10 acres of the proper ,ty of Michael Adamowicz and Others. Said property is
identified as SCTM #1000-121-5-4.1. The property is located on the south side of Sound Avenue in
Mattituck. The proposed Town acquisition is for 10 acres of the approximately 71.4 acre property. The
proposed County acquisition is for approximately 59.4 acres of the approximately 71.4 acre property.
NOTICE IS HEREBY FURTHER GIVEN that the purchase price is $27,000 (twenty-seven
thousand dollars) per acre for the 10 acre acquisition. The exact area of the purchase is subject to a
survey acceptable to the Land Preservation Committee and the County of Suffolk. Other than the land
acquisition cost, all additional costs associated with the acquisition are to be shared between the Town
of Sonthold and the County of Suffolk and will be based on the percentage of land acquired by the
Town (currently standing at approximately 14%).
The property is listed on the Town's Community Preservation Project Plan as property that should be
preserved. The property is significant for open space and recreational (trail) purposes and is located
within the Special Groundwater Protection Area.
NOTICE IS HEREBY FURTHER NOTICE is hereby given that a more detailed description of the
above mentioned parcel of land is on file in Land Preservation Department, Sonthold Town Hall,
Feather Hill Annex, Southold, New York, and may be examined by any interested person during
business hours.
February 25, 2003 3
Adamowicz property
MS. SPIRO: Right located over here, this is where the existing houses are.
MS. STEADMAN: I would just like to say that I would like to see it become passive recreational and
while I know that, I don't see anybody here representing the Horsemen's Association, there is no place
for them and I know that they have been looking and perhaps they would be granted permission to use
this property. I grew up with horses, I have horses, I had a handful of friends that had horses.
Fortunately, our parents or our grandparents had farms and we used this land. It would be nice to see it
go back to be used for passive recreation for which maybe the horsemen could be allowed to do that.
SUPERVISOR HORTON: Is there any other comment on this heating? (No response)
Board have anything to add? (No response) We will close this hearing.
Does the
Southold Town Board
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 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. 90 OF 2003 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 4, 2003:
WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned
by Michael Adamowicz and Others. Said property is identified as SCTM #1000-121-5-4.1.
The property is located on the south side of Sound Avenue in Mattituck. The proposed
acquisition is for approximately 10 acres (subject to survey) of the approximately 71.4 acre
property. (The County will be purchasing approximately 59.4 acres of the 71.4 acre property for
open space purposes.) The purchase price is $27,000 (twenty-seven thousand dollars) per acre
for the 10 acre acquisition. The exact area of the pumhase is subject to a survey acceptable to the
Land Preservation Committee and the County of Suffolk. Other than the land acquisition cost, all
additional costs associated with the acquisition are to be shared between the Town of Southold
and the County of Suffolk and will be based on the pementage of land acquired by the Town
(currently standing at approximately 14%). The purchase is pursuant to the provisions of Chapter
59 and Chapter 6 (2% Community Preservation Fund) of the Town Code; be it therefore
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
State En~ QuaUly Rew~w
SHORT ~VIRONM~TAL A~E~MENT FO~
F~ UNU~I~ A~ONS ~
'ART I--PROJ~T INFORMA~ON ~o ~ ~p~t~ ~ Appll~nl ~ Pm~ ~
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Desc~be:
E. Is THE~-, OR IS ~ UKELY TO OE. ~ FELATEO TO POTENTIAL ADVF. RSE ~ENTAL &(pACF~
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Ill--DETERMINATION OF SIGNIFICANCE 0'o be oompleted by Agenoy)
explanatio~ ~fl ~ detail to sho~. that dl mMrant ad~,e~se ~ have I~ ideailfled cad adequateb, addm~ed, if
[] Check this box If you have Idefltlfled ofle or'mom potentially large of significant aclve~e impacts'which MAY
r. Then Ixl)ceed directly to the FULL EAF end/or .p~ a positive de~aratRxL .
this box if you ~-detefmlfled, based off the Iflformatfl3fl arid aflalysls .above .arid any supf~ofll~g
documentation, that the'lxoposed actioo WILL NOT result In any significant adverse environmental Impa~s
AND IxoV~de o~ a?~a~h~efl, ts as necessary, the masons S~LOportlng this determination:
· Name o~ Lead -
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 129 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 25, 2003:
WHEREAS, on July 2, 2002, the Town Board of the Town of Southold held a public hearing
and elected to purchase 69.4 acres of the subject property in a 50%/50% partnership with the
County of Suffolk as tenants in common; and
WHEREAS, the partnership in the project has changed in that the County of Suffolk is now
purchasing approximately 59.4 acres and the Town of Southold is purchasing approximately 10
acres; and
WHEREAS, the Town Board of the Town of Southold held another public hearing on the
question of fee title acquisition of the 10 acre area of property of Michael Adamowicz and
Others on the 25th day of February 2003, pursuant to the provisions of Chapter 6 (Community
Preservation Fund) of the Town Code, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is located on the south side of Sound Avenue in Mattituck and is
identified as SCTM # 1000-121-5-4.1; and
WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community
Preservation Fund) of the Town Code; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved. The property is significant for open space and recreational
(trail) purposes and is located within the Special Groundwater Protection Area; and
WHEREAS, the subject property is adjacent to and in the vicinity of over 400 acres of preserved
land; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
pumhase the subject property, for open space preservation purposes. Proposed uses of the
property shall be in conjunction with the existing preserved land in the vicinity, which may
include the establishment of a nature preserve, passive recreational area with trails and parking
for access purposes; and
WHEREAS, the purchase price is $27,000 (twenty-seven thousand dollars) per acre for the 10
acre acquisition. The exact area of the purchase is subject to a survey acceptable to the Land
Preservation Committee and the County of Suffolk. Other than the land acquisition cost, all
additional costs associated with the acquisition are to be shared between the Town of Southold
and the County of Suffolk and will be based on the percentage of land acquired by the Town
(currently standing at approximately 14%); be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase 10 acres
of the 71.4 acre parcel identified as SCTM# 1000-121-5-4.1 at the purchase price of $27,000
(twenty-seven thousand dollars) per acre, pursuant to the provisions of Chapter 6 of the Code of
the Town of Southold. Other than the land acquisition cost, all additional costs associated with
the acquisition are to be shared between the Town of Southold and the County of Suffolk and
will be based on the percentage of land acquired by the Town (currently standing at
approximately 14%).
Elizabeth A. Neville
Southold Town Clerk
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CLOSING STATEMENT
MICHAEL ADAMOWICZ III and ELIZABETH MARY FRASER
to TOWN OF SOUTHOLD
Open Space - 10 acres
Premises: 8500 Sound Avenue, Mattituck, New York
SCTM #1000-121-5-plo 4.1
Closing took place on Monday, December 22, 2003 at 10:30 a.m.
Suffolk County Division of Real Estate
H. Lee Dennison Building
Hauppauge, New York
Purchase Price:
Payable to Raymond Giusto, as attorney
(12~22~03)
Expenses of Closing:
Real Property Tax Reimbursement
Payable to Raymond Giusto, as attorney
(12122103)
'161 days @ $6.25/day
$ 270,000.00
$ 1,006.25
Appraisal
Payable to Patrick A. Given, SRPA
(4/11/00)
$ 1,500.00
Survey Update
Payable to County of Suffolk (reimbursement)
Nelson, Pope & Voorhis, LLC
(12122/03)
$ 2,093.00
Payable to Nelson, Pope & Voorhis, LLC
(2/24/04)
*not paid at time of closing
$ 1,750.00'
Environmental Report
Payable to County of Suffolk (reimbursement)
Nelson, Pope & Voorhis, LLC
(12/22/03)
$ 498.40
Title Report
Payable to Fidelity National Title
(12/22/03
Fee insurance $1,515.00
Recording deed $ 145.00
$ 1,660.00
Title Closer
Payable to Jacqueline Donohue
(12~22~03)
$ 50.00
Those present at Closing:
Gregory F. Yakaboski, Esq.
Raymond Giusto, Esq.
Krista Kozlosky
Dave Fishbein, Esq.
Robert Zaher
Jacqueline Dononhue
Melissa Spiro
Patricia A. Finnegan, Esq.
Melanie Doroski
Attorney for Town of Southold
Attorney for Sellers
Assistant to Sellers' Attorney
Attorney for County of Suffolk
Suffolk Co Division of Real Estate
itle Company Closer
Land Preservation Coordinator
Assistant Town Attorney
Town Attorney Secretary
PATRICK A. GIVEN, SRPA
box 5305. 550 route 111 · hauppauge, n.y. 11788-0306
(516) 360-3474
FAX 360-3622
March 16, 2000
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, NY 11971
Appraisal of Real ~roperty of Michael Adamowicz, et al, Located southerly side of Sound
Avenue, Mattituck, NY
S.C.T.M #1000-121-5-4.1 $1,500.00
File 2000138
CHRISTINE D. COSTIGAN
DIVISION DIRECTOR
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
DIVISION OF REAL ESTATE
November 26, 2003
Greg Yakaboski, Town Attorney
Town Of Southold
P.O. Box 1179
Southold, New York 11971
Re: Site: LaurelLake TM#: 1000-121-05-p/o 004.1
Owner: Miachael Adamowicz III & Elizabeth Mary Fraser
SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM
Dear Mr Yakaboski:
An amendment to the present County resolution authorizing the purchase of subject
should be in hand by December 19, 2003. This will allow both the Town and the
County to close on this transaction. The seller's attorney has indicated that either
December 22nd or 23ra would be good days for him. Please advise me as soon as
possible if these days are acceptable to you as well. The following is a breakdown of the
soft costs involved in this transaction:
EnvironmentalAssessment Phase I $1,200.00 Town Cost: $168.00
Environmental Assessment Phase $2,360.07 Town Cost $330.40
Survey $14,950.00 Town Cost $2093.00
Total: $2591.40
Enclosed are all the invoices as backup. Additional costs to map and quantify the
wetlands were excluded from the computations. Title costs will be paid separately. The
only other cost to be dealt with is the tax adjustment back to the sellers, based on the
2003-2004 tax on the property which is not known as yet.
If you have any questions, please do not hesitate to call me at 631-853-5927.
ruly,
Bob Z~ r~
DEC - 1 2,:;(t3
TELECOP;ER (531 ) 853 - 5906
~elson & Pope, En~,ineers & ~ d ~.,= o~9 ~ec,=
572 Walt Whitman, Road Phone: 631-427-5665 UJ, ...... { Il Il
- · -'1 427 "~ :< I { I~olk ~ ~el
MeMIle
NY
1
1747
~. oa - -~zu ~1 ~(~owicz), Ma~ituck
~- JUN 24 ~03
/
~ / el m M~er: H~ley, Alexandra
/n~l~SlON OF .UL ESTATE/
ZtJT~ .~ ACQUISITION }
To:
Suffolk County Real Estate
P O Box 6100
Hauppaugc NY 11788
Attention: Bob Zaher
Invoice #: 9529
Invoice Date: June 20, 2003
A01841
Invoice
Amount
O0
MAKE CHECKS PAYABLE TO NELSON & POPE ~pZ'~,YOO.
Wetland Limits Determination
Specified Fee: $1,500.00
0rePare Boundary Survey
1000-121-05-p/o04.1
Specified Fee: $11,600.00
Field Locate High Tension Poles to Establish 60' LIPA Easement
Specified Fee: $1,850.00
51~ Id,~ qso o~
'5, t q = ~ ,a. o 't ~ . oo ,,.
*** Total Project Invoice Amount
. $14,9S0.00
All Invoices ere due net $0 days. A late ¢lmrge of I Vb per month will b~ e~e,~ to ~ny unlnrld bal~mce crier 30 days.
Please make all checks payable to NELSON & POPE
Please include invoice number on check
· lelso!b Pope & V _Prhis, LLC
572 Walt W '~man Road Phong: 631-427-5665
MelviFe NY 1~7~,7 · Fax: 631-4~57-562(~
Invoice
Property: 02229 Project: VA00928
Adamowicz Property, Mattituck
Manager: McCAnn, Steven
To:
Suffolk County Real Estate
P O Box 6100
Hauppauge NY 11788
Attention: Bob Zaher
Invoice #: 1476
Invoice Date: December 18, 2002
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS
Contract item #1: Sampling of Old Farm Dump
Work Performed: 11113 thru 11/27/02
SEE ATTACI-I~D ll%WOICE TABLE
Invoice Amount
Specified Fee:
$2,360.07
$2,350.50
Reimbursables
Motoohoto
Reimbursables Totals
Date
11/18/02
Bill Units
1.00
Cha~ge
9.57
$9.57
*** Total Project Invoice Amount
$2,360.07
AE lnvoiees m~t due net $O days. A late ehatge of l % per month will be mided to any unpaid balanct afltr 3O days.
Please make all checks payable to NELSON POPE & VOORHIS
Please include invoice number on check
NELSON POPE & VOORI-HS NOW ACCEPTS CREDIT CARDS
VISA - MASTERCARD - AMERICAN EXPRESS
NelSon, Pope & ?orhis, LL¢
572 Wait Whitman Road Ph,,. &: 631-427-5665
Melville NY 11747 · Fax: 631-427-5620
Inw
OCT 2 8 2002
L~'~:]iDIVISIO~ OF tl£AL ESTATE
~,~,, AonuIsITION
~rty: 02229 Project: VA00928
nwicz Property, Mattituck
get: McOinn, Steven
Suffolk County Real Estate
P O Box 6100
Hauppauge NY 11788
Attention: Bob Zaher
Invoice #: 1366
Invoice Date: October 25, 2002
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS
Prepare Phase 1 Environmental Site Assessment
TM# 1000-121-05-p/o04.1
Invoice Amount
Specified Fee:
$1,200.00
$1,200.00
*** Total Project Invoice Amount
Please make all checks payable to NELSON POPE & VOORItlS
Please include invoice number on check
NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS
VISA - MASTERCARD - AMERICAN EXPRESS
$1,200.00
~ ~ ~ Fide '~ National Title
(631 727-0600, (631) 727-0606 ESTIMATED
Premises: 8500 Sound Avenue/,
Mortgage Amount:
Convey~ce T~
) Mortgage
) Co~oli~fion A~eement
) Rele~e
R
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D
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D
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1000
121.00
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$270,000.00
01/06/2004
ZZ101:43 AM
D00012293
445
Lot,
004.004
booted Ge Follcflf"/~g' Fees For Abovo ?~-t~t
l:'a,ge/l~';I,11ag $15. O O MO 118nd. l:l.ng
C~OZ $5.00 MO HYB BILC~C3
RA-~,-J:z $5.00 MO RA- S'P_.JLT'E
TP - 584 $ S · 00 ~0 Cez'B.
2PT $30.00 HO SC'TM
Fees
'I'RAH~ ?AX :llUl~B~t 0'4-,23933
TH3:8 PAG~ Z6 A ~]U~T OF ~ 22(STR101D~T
~HZB 3:B HOT A BTLL
$5.00
$X5.00
SSS.OS
$o,oo
$o.00
$0.00
$130.00
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MUST BSTYPED O~ P~ tN BLACK lng OM.Y PlU0~ TO lmCO~mNG OR re.mo.
Suffolk Copnty Recording & Endorsement Page
Consid~-n~tion A~,(m~t $ ~
Re=l t~op~n~ 0~0S3~ xooo 12100 OSO0 0o~oo4 F
TOT
O0~,OGt
ol- iLtO~MO(S L. ld milo,s d I~e Mr~ M ~1 fiend pea Ig~wr.
nt.i. dui cMmin I~ jdec~ or Mind M Wnd, with ~ buiding~ nn4 imm~vemeflm memM em~:md, sf~mm.
t~ ATrA~I~D SClfL'DULE PA"
csnncn vi~ rtih~ of mu~lvors~p ~ deed mdc by ~ ~p~ 4/~s ~ E. ~
a~ recor~d ~enber 30, lg82, ~ ~beE 9292 cp. 329
iN WITNm ~IEAEOF. IM pen). o/me
BARGAIN ~ND SALE Dl:r.u
YdlH ~OVE~IHT AGAI(~T GRAN~R'~ A~--m
BLOC~( 05. O0
LOT
GOUNTY OR TOWN
G'I~"T ADDRP.~ 8500
Fidelity National Title Insurance C4mpany of New York
SCH FJ)UI-t. A-!
AMENDED 9/24/03
ALL dutt ceruin plot, piece or pan:el cd'land, situate, lying and being at Manituck, Town of Soulhold. Count)' of SufFolk
~nd State of New Yot~, beundcd and d~t:gibed ns follows:
BEGINNING m n point on the soudmr~ sido of Middle Rod, said point being Ore division line between thc pmnis~s to
be de~bed and the en_qL, fly side of land now or fofluorly of Foster, land now or f'ormel~ of Kousoumu.~
THENCE dm followin$ 4 ~ tnd dimnces along the sz~thcrly side o1' Middle Road and the snothwe~'ly side o~'
I. Thence South 89 cle~ms 13 miau~ 40 __~cg__~ds F. sst 39.50
2. 'l~e~ce sions in arc oft cuwe bearing m thc Hght having a radius of 944.93 fee~ a distancc of 128.10 feet;
3. Theflce South 72 dc~m:s 46 mimes 00 s~conds East 35~10 fc~
4. Thence South 6S clt-g~es 40 minmes 30 sL, conds ~ 4i8A0 ~
THENCE Somh 26 de~-~ 27 minnt~s 44 soc:ond.q Wes1571.70 feet;
THENCE Noflh 6S deg;esa 40 minutes 30 ~ West 51S,86 fcct m land now or formerly of Vhale;
THENCE North 19 degte~ b'~ mhlufes 20 seconds West ak~g hst mondomd land nad [and now or ~f Foster,
had now or focmelzy of )OxLMmnos, 656.12 feet to the point or phce of BEGINNING.
RIDER TO DEED
I~ETWEEN MICHAEL ADAMOWICZ, lU and ELIZABETH MARY FRAZER
AND THE TOWN OF $OUTHOLD
DATED DECEMBER 22, 2003
AS SET FORTH in Chapter 59 end Chapter 6 of the Town Code of the Town of
Southold OPEN SPACE acquired by the Town pursuant to the provisions of
those chapters shall not themarmr be alienated, except upon the affirmative vote
of a majority of the Town Boan~ after a public hearing and ulxm the approval of
the electors of the Town voting on a pmpeei~on submitted at a special o~ biennial
town election. No subsequent amendment of the provisions of those Chapters
shell alter the limitations imposed upon the alienation of development ~ghts
acquired by the Towtq prior to any such amendment. This covenant shall mn with
the land in peq:~etuity,
TOWN OF SOUTHOLD
/dO~HUAY. HORTON
Town Supewlsor
STATE OF NEW YORK )
COUNTY OF SUFFOLK
On the ~0-a--d day of December, 2003, before me personally appeanKJ
JOSHUA Y, HORTON, persormay known to me Dr provided to me on Ihe basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and Wedged tD me that he executed the same in his capecily
I~men~ the ind'Mdual, or~a ' nd that by his signature on the
upon behalf of which the
~ndividual acted, executed the Instrument.
DISTRICT
1000
SECTION
121.00
BLOCK
.05.00
LOT p/o
004.001
SUFFOLK COUNTY
HARC. AIN AND SALE DEED
WITH COVENANTS
THXS XNDE~wrU~E, made the ,~Z day of
· 2003
BETWEEN MICHAEL ADAMOWICZ III and ELIZABETH MARY FRASER
individually and as EXECUTOR and EXECUTRIX respectively of the
Last Will and Testament of Mary Adamowicz, deceased, who died a
resident of Suffolk County on 3/2/02, Surrogate File No.
572P2002, c/o Raymond A. Giusto Esq., 136 East Main Street, East
Islip, New York 11730, party of the first part
~ the COUN~ OF MuFFOLK, a municipal corporation of the
State of New York, having its principal office at the Suffolk
County Center, Center Drive, Riverhead, New York 11901, party of
the second part,
WITNESSETH, that the party of the first part, in
consideration of ONE MILLION SIX HUNDRED FOUR THOUSAND THREE
HUNDRED FORTY and 00/100 DOLLARS ($1,604,340.00) and other
valuable consideration paid by the party of the second part,
does hereby grant and release unto the party of the second part,
the heirs or successors and assigns of the party of the second
part forever,
ALL, that certain piece or parcel of land, situated in the
Town of Southold, County of Suffolk, and State of New York, more
particularly bounded and described as follows: (see description
annexed hereto and made a part hereof):
THIS CONVEYANCE is given in accordance with Article XII of
the Suffolk County Charter, as amended, and effective December
1, 2000 and Resolution No. 222-2003 as corrected by Resolution
NO. 651-2003 and as amended by Resolution No.;!q~-2003, all on
file with the Clerk of the Suffolk County Legislature.
BEING AND INTENDED to be part of the same premises
conveyed to Michael Adamowicz and Mary Adamowicz, his wife,
Michael Adamowicz, III and Elizabeth Mary Fraser, as joint
tenants without right of survivorship by deed made by Mary Sepko
a/k/a Mary E. Pylko dated December 28, 1982 and recorded
December 30, 1982, in Liber 9292 cp.329
TO~ETHER 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;
TO~'r~H with the appurtenances and all the estate and
rights of the party of the firs~ 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.
~ 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 con~liance with Sec5lon
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
applied first for the purpose of paying the cost of the
improvement and will apply the same first to the payment of the
cost of the improvement before using any part of the total of
the same for any other purpose.
THE WORD "PARTY' shall be construed as if it read "parties'
whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly
executed this deed the day and year first above written.
~-~STATE ~ 0F ~%RY'~, AMOWICZ ~
STATE OF NEW YORK)
corm,' o~'
On this ~;$ day Of ~F('/*~//~&/in th39 year ~ before me,
the undersigned, personally appeared
~i~//~,~/~ #t ~[~, personally ~o~ to me or proved to me' on the
basis of satisfacto~ evidence to be the individuals whose n~es
are subscribed to the within instr~ent and acknowledged to me
that they executed the s~e in their capacity, ~d that by their
signatures on the instr~ent, the individuals, or the persons
upon behalf of which the individuals acted, executed the
instr~ent.
RAYMOND A. GIUSTO
No~661591 ~ary Public: State of New York
BAR~AINA~D SALE DEED
WITH COVENANT AGAINST
GRANTOR'S ACT
TITLE NO. 03-3704-47930-SUFF
DISTRICT 1000
SECTION 121.00
BLOCK 05.00
LOT p/o 004.001
COUNTY OF SUFFOLK
MICHAEL ADAMOWICZ, III and
ELIZABETH MARY FRASER and the
ESTATE OF MARY ADAMOWICZ
TO
COUNTY OF SUFFOLK
BOB ZAHER
Division of Real Estate
Department of Planning
H. Lee Dennison Bldg., 2~ Floor
P.O. Box 6100
Hauppauge, New York 11788
Fidelity National Title Insurance Company of New York
TITLE NO. 03-3704-47930-SUFF
SCHEDULE A-I (Description)
AMENDED 9/27/03
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the southwesterly side of Sound Avenue, said point being the following five courses and
distances from the southerly side of Middle Road and the easterly side of land now or formerly of Foster, land now or
formerly of Kousourous:
1. Thence South 89 degrees 13 minutes 40 seconds East 39.50 feet;
2. Thence along an arc ora curve bearing to the right having a radius of 944.93 feet a distance of 128.10 feet;
3. Thence South 72 degrees 46 minutes 00 seconds East 352.10 feet;
4. Thence South 68 degrees 40 minutes 30 seconds East 625.40 feet;
5. Thence South 73 degrees 47 minutes 50 seconds East 182.71 feet to the true point or place of beginning;
THENCE along the southwesterly side of Sound Avenue the following three courses and distances:
1. South 73 degrees 47 minutes 50 seconds East 4.89 feet;
2. South 80 degrees 28 minutes 20 seconds East 149.51 feet;
3. South 86 degrees 54 minutes 00 seconds East 137.39 feet to land now or formerly of Sepko;
THENCE South 16 degrees 20 minutes 30 seconds East along last mentioned land 191.23 feet;
THENCE South 86 degrees 54 minutes 00 seconds East along land now or formelry of Sepko, land now or formerly of
Hennessey, land now or formerly of Harned, land now or formerly of Sepko, and land now or formerly of Laudenbach
457.84 feet to a monument and land now or formerly of Mazzaferro;
THENCE North 87 degrees 33 minutes 00 seconds East along land now or formerly of Mazzaferro 75.00 feet to land now
or formerly of Steadman;
THENCE South 22 degrees 28 minutes 10 seconds East along land now or formerly of steadman and land now or
formerly of ECM, LLC 1307.93 feet to a point;
THENCE South 57 degrees 37 minutes 50 seconds West 179.34 feet;
THENCE South 55 degrees 13 minutes 50 seconds West 141.70 feet;
THENCE South 55 degrees 43 minutes 50 seconds West 130.00 feet to a pin found and land now or formerly of Suffolk
County Water Authority;
THENCE the following 9 courses and distances along land now or formerly of Suffolk County Water Authority:
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEY.4NCING ONL Y: Together wit~ all the right, title and interest of the party of the first part, of in and to the land lying
in the street in Jkont of and adjoining said premises.
SCHEDULE A-I (Description.)
Fidelity National Title Insurance Company of New York
TITLE NO. 03-3704-47930-SUFF
SCHEDULE A-! (Description)
(Continued)
1. North 80 ,degrees 32 minutes 30 seconds West 408.84 feet;
2. South 88 degrees 31 minutes 10 seconds West 132.00 feet;
3. North 88 degrees 28 minutes 50 seconds West 276.40 feet;
4. North 88 degrees 11 minutes 20 seconds West 200.66 feet;
5. North 89 degrees 57 minutes 00 seconds West 169.29 feet;
6. North 21 degrees 53 minutes 00 seconds West 249.70 feet;
7. North 19 degrees 44 minutes 10 seconds West 335.64 feet;
8. South 42 degrees 27 minutes 50 seconds West 124.00 feet;
9. South 59 degrees 36 minutes 50 seconds West 217.00 feet to land now or formerly of Vitale;
THENCE Nc,nh 19 degrees 52 minutes 20 seconds West 1,116.35 feet;
THENCE South 68 degrees 40 minutes 30 seconds East 515.86 feet;
THENCE North 26 degrees 27 minutes 44 seconds East 271.80 feet;
THENCE South 50 degrees 54 minutes 59 seconds East 200.52 feet;
THENCE Noah 43 degrees 57 minutes 48 seconds East 177.28 feet;
THENCE Nc~rth 43 degrees 29 minutes 57 seconds East 229.52 feet to the true point or place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONL Y: Together wit)t all the right, title and interest of the part of the first part, of in and to the land lying
in the street in.front of and adjoining said premises.
SCHEDULE/I-~' (Description)
AFFIDAVIT OF NO TENANTS
RE: ADAMOWICZ PROPERTY, SOUTHOLD- FIDELITY: 03-3704-47930-SUFF
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
ss:
MICHi~EL ADAMOWICZ III AND ELIZABETH MARY FRASER, being duly sworn,
deposes and says:
That they are the certified owners of property described as Tax Map
No. 1000-121.00-05.00-004.001 and that they are the grantees by
deed. from Mary Sepko a/k/a Mary E. Pylko dated December 28, 1982,
recorded December 30, 1982 in Liber 9292 cp. 329. They further
certify that they are the Executor and Executrix respectively of
the Last Will and Testament of Mary Adamowicz.
We further certify that there are no tenants living on the same
described property; said premises is vacant land and there are no
sewers thereon.
III ELIZ ZTH
Individuaiily and as Exec~C6r of Individually and as E' xecutrix of
the Last Will and Testament of the Last Will and Testament of
Mary Ad~owicz Mary Adamowicz
Sworn to before me this /~
day of ,/~ ~'?~Y , ~ RAYMONDA GIUSTO
Notary Public, Sta~e of New York
~ ~ No, 48~1591
Qualified in Suffolk Coun~ /
Notary Public Com~n;ss~on Expires April 2~, ~ ~
FIRPTA CERTIFICATION
Section 1445 of the Internal Revenue Code provides that a
transferee of a U.S. real property interest must withhold tax if
the transferor is a foreign person. To inform the transferee of
TM# 1000-121-05-p/o 04.1, that withholding of tax is not required
upon the disposition of a U.S. real property interest, the
undersigned hereby certified the following:
1. Transferor is not a foreign individual, foreign
corporation, foreign partnership, foreign trust, or foreign
estate (as those terms are defined in the Internal Revenue Code
and Income Tax Regulations);
Transferor's Tax Identification number is 089-32-8299
Estate of Mary Adamowicz Federal ID No. is 42-6625561
3. Transferor's address is 1 Pinewood Road, Old Westbury,
New 'York 11568.
Transferor understands that this certification may be
disclosed to the Internal Revenue Service by transferee and that
any false statement contained herein may be punishable by fine,
imprisonment, or both.
Under penalties of perjury, Transferor declares that it
examined this certification and to the best of its knowledge and
belief, it is true, correct and complete.
Dated: /~//~/~ ~
Individually and as ~utor
the Last Will and Testament
Mary Adamowicz
Sworn to before me this /~
\
day of ~,? '~Q~ 20 0~
Notary Public
RAYMOND A. GIUSTO
Notary Public, State of New York
No. 4861591
Qualified in Suffo k Coun~,~k1
Commiss on Expires April 21, ~
FIRPTA CERTIFICATION
Section 1445 of the Internal Revenue Code provides that a
transferee of a U.S. real property interest must withhold tax if
the transferor is a foreign person. To inform the transferee of
TM# 1000-121-05-p/o 04.1, that withholding of tax is not required
upon the disposition of a U.S. real property interest, the
undersigned hereby certified the following:
1. Transferor is not a foreign individual, foreign
corporation, foreign partnership, foreign trust, or foreign
estate (as those terms are defined in the Internal Revenue Code
and Income Tax Regulations);
Transferor's Tax Identification number is 113-34-0179
Estate of Mary Adamowicz Federal ID No. is 42-6625561
3. Transferor's address is 195 Marine Street, Farmingdale,
New York 11735.
Transferor understands that this certification may be
disclosed to the Internal Revenue Service by transferee and that
any false statement contained herein may be punishable by fine,
imprisonment, or both.
Under penalties of perjury, Transferor declares that it
examined this certification and to the best of its knowledge and
correct and complete.
belief, it is true,
Dated: /~/~/~
Individually andVas Executrix of
the Last Will and Testament of
Mary Adamowicz
Sworn to before me this
day of ~.-.~C~/~
t
(-~tary Public
20 _3
RAYMOND A. GIUSTO
Notary Public, State of New York
No. 4861591
Qualified in Suffolk County~-,~,~/~i
Commission Expires April 21, c~u~
AFFIDAVIT
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
ss:
MICHAEL ADAMOWICZ, III AND ELIZABETH MARY FP~ASER, being
duly sworn depose and say:
THAT with respect to the public Disclosure Statement
executed by deponents, simultaneously with the Contract of Sale
dated June 10, 2003, there have been no changes with respect to the
information contained in said Disclosure Statement since the date
thereof.
MICH[AEL AD~A~D~C~ III ~//
Individually and as Execut6--r
of the Last Will and Testament
of Mary Adamowicz
ELIZ~ETH MARY FRA~R-- ~
Individually and a'sExecutrix
of the Last Will and Testament
of Mary Adamowicz
Sworn to before me this
day of ~C~J[~_~/ , 20
RAYMOND A. GIUSTO
Notary Public. State of New York
No. 4861591
Qualified in Suffolk Count~
Commission Expires April 2~1
T
I
T
L
E
P
0
L
I
C
Y
O Owner's Policy of Title Insurance
Fidelity National Title Insurance Company
of New York POLICY
A Stock Company nUMBER 26-031-92- ~ 0 6 6 3
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AliT) THE CONDITIONS AND STIPULATIONS, FIDELITY
NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, 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 lnsurance stated in Schedule A, sustained or incurred by the insured
by reason of'
I. 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, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy
shown in Schedule A.
(PLEASE PRINT NAME)
FIDELITY NATIONAL TIYLE INSURANCE COMPAN'~
OF NEW YORK
FORM 26-031-92 (411193) ALTA OWNER'S POLICY - 1992 (Revised 10-17-92)
OFidelity National Title Insurance Company
OF NEW YORK
Policy No.: 26-031-92-70663 Title No.: 03-3704-47931-SUFF
Amount of Insurance: $270,000.00
1. Name of Insured:
Town of Southold
SCHEDULE A
Date of Policy: December 22, 2003 at 9:00 AM
The estate or interest in the land which is covered by this policy is:
Fee Simple
Title to the estate or interest in the land is vested in:
Town of Southold
by deed from Michael Adamowicz, III a/k/a Michael Adamowicz and Elizabeth Mary Fraser a/Fda Elizabeth Adamowicz
Fraser, individually and as executors of the Last Will & Testament of Mary Adamowicz, dated December 22, 2003 and
recorded in the Suffolk County Clerk's Office on Januaxy 6, 2004.
The land referred to in this policy is described as follows:
See Schedule A-1 (Description), following.
Schedule A Owner's Policy Page 1
OFidelity National Title Insurance Company
OF NEW YORK
Policy No: 26-031-92-70663 Title No.: 03-3704-47931-SUFF
SCHEDULE A-1
Description
AMENDED 9/24/03
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Middle Road, said point being the division line between the premises to
be described and the easterly side of land now or formerly of Foster, land now or formelry of Kousourous;
THENCE the following 4 courses and distances along the southerly side of Middle Road and the southwesterly side of
Sound Avenue;
1. Thence South 89 degrees 13 minutes 40 seconds East 39.50 feet;
2. Thence along an arc of a curve bearing to the right having a radius of 944.93 feet a distance of 128.10 feet;
3. Thence South 72 degrees 46 minutes 00 seconds East 352.10 feet;
4. Thence South 68 degrees 40 minutes 30 seconds East 488.40 feet;
THENCE South 26 degrees 27 minutes 44 seconds West 571.70 feet;
THENCE North 68 degrees 40 minutes 30 seconds West 515.86 feet to land now or formerly of Vitale;
THENCE North 19 degrees 52 minutes 20 seconds West along last mentioned land and land now or formelry of Foster,
land now or formelry of Kousourous, 656.12 feet to the point or place of BEGINNING.
Schedule A-I (Description) Owner's Policy Page 2
OFidelity National Title Insurance Company
OF NEW YORK
Policy Number: 26-031-92-70663 Title No.: 03-3704-47931-SUFF
SCHEDULE B - PART I
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 premises are part of a larger tax lot. The taxes assessed against the premises must be apportioned and
allocated since they presently cover the premises described in Schedule "A" herein and more.
Boundary Survey made by Nelson & Pope dated 4/23/03 covering premises and more shows as to subject
premises: vacant land, miscellaneous piles (sand, salt, stone), sign in northerly part of premises, pavement
encroaches 3.6 feet of part of westerly record line.
Company excepts rights of others over that portion of the premises being encroached up on by the pavement lying
3.6 feet east of part of westerly record line.
4. 2003/2004 Town and School taxes, Second half.
Schedule B Owner's Policy Page 3
OFidelity National Title Insurance Company
OF NEW YORK
OWNER'S POLICY
Attached to and forming a part of Policy No. 26-031-92-70663
of FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or
which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 to 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 incumbrances, except real estate taxes, assessments, water charges and sewer rents."
Nothing herein contained shall be constructed as extending or changing the effective date of said policy unless otherwise expressly
stated.
This endorsement, when countersigned below by validating signatory, is made a part of the policy and is subject to all the Exclusions
from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof.
Signed and Sealed: December 22, 2003.
Countersigned:
Authorized Signatory
(PLEASE PRINT NAME BELOW)
Fidelity National Title Insurance Company
of New York
Standard Owner Policy (9/1/93) w/ALTA Owner's (10/17/92)
Rcv. (06/99) (Owner Policy93)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
resulting from a violation or alleged violation affeefing the land has been recorded in the public records at Dale of Policy.
which has occurred prior to Date of Polie~ which would be binding on the rigbls of a purchaser for value without knowledge.
(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
(d) altaching or c~ealed subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the ~state or interest insured by this policy.
insolvency, or similar creditors' rights law, that is based on:
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the p~eferenfial transfer results from the failure:
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who suc-
ceed to the interest of the named insured by operation of law as distinguished from
purchase including, but not limited to. heirs, distrihatees, devisees, survivors, per-
sonal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimam": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive lamwledge
or notice which may be imputed to an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of mat-
ters affecting the land.
(d) "land": tbe laud described or referred to in Schedule A. and improvements
affixed thereto which by law constitute real property. The term "land" does
t include any property beyond the lines of the area described o~ referred to in
hedule A. nor any right, tide, interest, estate or easement in abutting streets, roads,
~v!nues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit
the extent to which a right nf access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed. or other security instrument.
(t) "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 Section l(a)(iv)
of the Exclusiom From Coverage. "public records" shall also include environmen-
tal protection liens filed in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the
title to the land, not 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 contractual condition requiring the delivery
of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall cominue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given by a pur-
chaser from the insured, or only so long as the insured shall have liability by reason
of covenants of warranty made by the insured in any transfer or conveyance of
the estate or interest. This policy shall not continue in force in favor of any pur-
chaser from the insured of either (i) an estate or interest in the land, or (ii) an in-
debtedness 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 proml~ly in writing (i) in case of any litiga-
tion as scl forth in Section 4(a) below, (ii) in case knowledge shall come to an in-
sured 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 in-
terest, as insured, is rejected as unmarketable. If prompt notice shall not be g yen
to the Company, then as to the insured all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights
of any insured under this policy unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipula!ions, 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 adverse to the title of interest as insured,
but only as to those stated causes of action alleging a defect, lien or encumbrance
or other matter insured against by this policy. Thc 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 represent the insured as ~o those stated causes of action and
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 which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to n3titnte and prosecute
any act on or proceed ng or to do any other act which in its opinion may be necessa~
or desirable to establish the tide to the estate or interest, as imured, or to prevent
or reduce loss or damage to the i~sured. The Company may take any appropriate
action under the terms of th s policy, whether or not tt shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the
Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of competent jurisdiction and ex-
pressly reserves the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or provide defense in the action or pro-
ceeding, and all appeals therein, and permit the Company to use, at its option, the
name of the insured for this parpose. Whenever requested by the Company, the
insured, at the Company's expense, shall give the Company all reasonable aid (i)
in any action or proceeding, securing evidence, obtaining witnesses, prosecuting
or defending the action or proceeding, or effecting settlement, and (ii) in any other
lawful act which in the opinion of the Company may be necessary or desirable to
establish the title to the estate or interest 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.
$. PROOF OF LO~S OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
a~l sworn to by the insured clalmam shall be furnished to the Company within
90 days after the insured claimant shall ascertain the facts giving rise to the loss
or damage. The proof of loss or danmge shall describe the defect in, or lien or
encumbrance on the title, or ocher matter insured against by this policy which con-
stitutes the basis of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage. If the Company is prejudiced by
the failure of the insured claimant to provide the required proof of loss or damage,
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 proof of loss or danmge.
In addition, the insured claimant may reasonably be required to submit to examina-
tion under oath by any authorized representative of the Company and shall produce
for examination, inspection and copying, at such reasonable times and places as
may be designated by any authorized representative of the Company, all records,
books, ledgers checks correspondence and memoranda, whether bearinl~ a date
before or after Date of Policy, which reasonably pertain to the oss or aamage.
Further, if requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized representative
of the Company to examine, i~spcct and copy all records, books, ledgers, checks,
correspoudence and memoranda in the custody or control of a third party, which
reasonably pertain to the loss or damage. All information designated as confidential
by thc insured claimant provided to the Company pursuant to this Section shall not
be disclosed te others unless, in thc reasonable judgment of thc Company, it is
necessary in the administration of thc claim. Failure of the insured claimant to sub-
mit for examination under oath, produce other reasonably requested information
or grant pem~ission to secure reasonably necessary information from third patties
as required in thc above paragraph shall terminate any liability of the Company
under this policy as to that claim.
6. owrlONS TO PAY OR OTHERWISE ~lcl-l'LE CLAIMS; TERMIbIATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following addi-
tional options:
(a) To Pay or Te~lder Payment of the Amount of Insurance.
or tender payment of the amount of insurance under this policy t~gether
costs, attorneys' fees and expenses incurred by the insured claimant, which
were authorized by the Company, up to the time of payment or tender of payment
and which the Company is 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 paytr,~nt required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall ha surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured
Or With the Insured Claimant.
(i) to pay or otherwise settle with ndaer parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs, at-
torneys' fees and expenses incurred by thc insured claimant which were authorized
by the Company up to the time of payment aed which the Company is obligated
to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage pro
vided for 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 ~ime of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of thc opfons provided for in paxagrapha
(b)(i) or (ii), thc Company's obligations to the insured under this policy for the
claimed loss or damage, other than the payments required to be made, shall ter-
minate, including any liability or obligation to defend, prosecute or continue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or iaterest as insured
and thc value of the insured estate of interest subject to the defect, lien or encum-
brance insured against by this policy.
CO) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the
full consideration paid for the estate or interest, whichever is less, or if subsequent
to the Date of Policy an improvement is erected on the land which increases the
ue of the insured estate or interest by at least 20 percent over the Amount of
urance stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the estate or interest at Date
of Policy; or
(ii) where a subsequent improvement has been made, as to any partial toss,
the Company shall only pay the loss pro rata in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount
of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and ex-
penses 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 Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses incurred
in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a pro rata basis as if the amount
of insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole, exclusive of any improvements made subse-
quent to Date of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the insured at the time of the issuance of
this policy and shown by an express statemenl or by an endorsement attached to
this policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title or otherwise establishes the lien of the insured
mortgage, all as insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have fully performed
its obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and
eTsition of all appeals therefrom, adverse to the title as insured.
The Company shall not be liable for loss or damage to any insured for liability
ntarily 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 the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of ioauranee under this policy shall
be reduced by any amount the Company may pay under any policy insuring a mor-
tgage to which exception is taken in Schedule B or to which the insured has agreed,
assumed, or taken subject, or which is harealkx executed by an insured and which
is a charge or lien on the estate or interest dar, cfibexl or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this policy to the
insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or de.c/a'oyed, in which case proof of
loss or destruction shall be furnished to the satisfaction of the Company.
Co) 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 thereal%r.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation.
Wherever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the in-
sured claimant.
The Company shall be subrogated to and be entitled ~o all rights and remedies
which thc insured claimant would have had against any person or property in respect
to the claim had this polic~' not been issued. If requested by thc Cntnpany, the in-
sured claimant shall transter to the Company ail tights and remedies against any
person or property necessary in order to pe~ect this right of subrogation. The in-
sur~ claimant shall permit the Company to sue, compromise or settle in the name
of the insured claimant and to use the n~me oftbe insured claimant in any transac-
tion or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover thc loss of the insured
claimant, the Company shall be subrogntcd to these rights and remedies in the pro~
pottfun which the Company's payroent bears to the whole amount of the loss.
If loss should result from any act of thc 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 anao~nt, if any, lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
Co) The Company's Rights Against Nonqnsured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and
shall include, without limitation, the rights of thc insured to indemnities, guaranties,
other policies of insurance or bends, notwithstanding any terms or conditions con-
tained in those thstnmaents which provide for subrogation tights by reason of this
policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may de-
mand arbitration pursuant to the Title Insurance Arbitration Rules of the American
Arbitration Association. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating
to this pohcy, any service of the Company in connection with tts issuance or the
breach of a policy provision or other obligation. All arbitrable matters when the
Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either
the Company or the insured. All arbitrable matters when the Amount of Insurance
is in excess of $1,000,000 shall be arbitrated only when agreed to by beth the Com-
pany and the insured. Arbitration pursuant to this policy and under the Rules in
effect on the date the demand for arbitration is made or, at the option of the insured,
thc Rules in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if thc laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon the
award reedered by the Arbitrator(s) may be entered in any court having jutisdiction
thereof.
The law of the sims of the land shall apply to an arbitration under the Title In-
surance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY ~ TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by the Com-
pany is the entire policy and contract between the insured and the Company. In
interpreting any provision of tiffs policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which
arises out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing re-
quired to be furnished the Company shall include lbe number of this policy and
shall be addressed to the Company at: 2 Park Avenue, New York, NY 10016
Fidelity National Title Insurance Company
of New York
2 Park Avenue
New York, NY 10016
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COUNTY OFSUFFOLK
ROBERT J. GAFFNE¥
SUFFOLK COUNTY EXECUTIVE
JuDrrH A. GORDON
COI4M]S~IONER
December 9, 2003
Mr. Jim McMahon, Executive Assistant
Town of Southold
Community Development Office
Town Hall, 53095 Main Road
Southold, NY 11971
Re: Laurel Lake Plan
Dear Jim:
We would be supportive of the concept for a trail system and the Town to act as
Stewards of the County property.
The Parks Department would like to be involved with the planning process. It
may then be a good idea to get all the landowners together at least once.
Parks staff would be available to meet with you in Southold, if you would like to
schedule something after January .
Very truly yours,
n
~ommissioner
JAG/tk
Cc: William Sickles, Sr. Superintendent
Nicholas Gibbons, Environmental Analyst
SUFFOLK
COUNTY
PARKS
THE
LAUREL LAKE PRESERVATION
AND TRAIL PLAN
The Town of Southold and the County of Suffolk are proposing to preserve a 71.4-
acre parcel (Adamowicz property, SCTM#1000-121-5-4.1) located on the South side
of C.R. 48 (north Road) and Sound Avenue and a 25 acre parcel (McFeely property,
Part of SCTM#1000-125-1-14) located on Route 25, in the hamlet of Mattituck,
Town of Southold, as part of the Laurel Lake Preservation Plan.
The owners, the Town of Southold and the County of Suffolk have agreed on the
appraised price of $27,000 per acre on the Adamowicz Property and $60,000 per
acre on the McFeely Property. The Town of Southold and the County of Suffolk
have signed Contracts of Sale on the Adamowicz Property and are expecting receive
the signed McFeely Contract of Sale, in June 2003.
This property is being purchased, in partnership with the County of Suffolk, with
funding from the Suffolk County Drinking Water Protection Fund and the Southold
Town Community Preservation Fund. The funding for this important acquisition is
in place and readily available, to the Town of Southold and County of Suffolk.
The subject properties are part of the Laurel Lake Preservation Plan and their
acquisition will protect over 520 acres of land around Laurel Lake.
Our goal is to link all of the preserved land in the "newly created" Laurel Lake
Preserve, with a trail system and the subject parcels are key acquisitions, in this
plan.
The Town of Southold will take the lead in designing, creating and maintaining the
trail system, linking all of the preserved parcels, around Laurel Lake. The Town of
Southold is requesting grant funding for the trail design and site improvements and
the Town's match is in place and available from the Southold Community
Preservation Fund.
The property owners in the Laurel Lake Preservation Plan include the State of New
York, Suffolk County Parks, the Suffolk County Water Authority, Southold Town,
the Mattituck Park District and agricultural lands protected by the acquisition of
development rights.
The project area is highlighted for protection in the New York State Open Space
Conservation Plan, under two categories: the Long Island Pine Barrens Maritime
Reserve and the Special Groundwater Protection Area/Recharge Area. In addition,
the project area is slanted for protection in the Suffolk County Drinking Water
Protection Plan, the Southold Watershed Protection Plan, the Peconic Bay Maritime
Reserve Area and the Southold Town Community Preservation Plan.
The Laurel Lake Preserve has numerous and diverse ecological areas ranging from
open grasslands, an old overgrown orchard and vineyard, areas in the first stage of
successional growth, mature woodlands, freshwater wetlands and Laurel Lake.
The properties surrounding Laurel Lake contain exceptional scenic, biological and
recreational opportunities and this proposal seeks funding to design and construct
parking areas, restroom facilities and a trail system, as part of an overall
management plan; linking all of the preserved parcels and Laurel Lake, into a
passive recreational preserve.
The goal is to provide the public with opportunities to hike along the trails, horse
back ride in the open fields and non-hiking trails, fish, kayak & canoe in Laurel
Lake and photograph and observe the flora and fauna through out the preserve.
The Town of Southold will build two stone blend parking lots for access to the
Laurel Lake Preserve. One parking lot will be located on the Adamowicz Property,
on Sound Avenue and the other will be located on the Town of Southold's property,
on Route 25.
The McFeely property will have a small restroom facility and the existing
dilapidated dock on Laurel Lake will be replaced.
Several trails (old unpaved farm roads) now meander through the property and
these trails will be improved and linked to the other preserved parcels and Laurel
Lake. The trail system will allow visitors the opportunity to experience the natural
beauty of the preserve, without jeopardizing the existing natural resources.
The trail system will be located away from fragile areas and constructed in a
manner that provides a safe recreational opportunity for visitors and is resource
compatible.
The trails will be designed, constructed and maintained according to the standards
of the USDA Forest Service specifications. The trailhead will have a covered kiosk
to display a map of the entire preserve (520 acres), the trail system and the natural
features (plant communities, shrubland, wetlands and forest habitat), on the site.
Several small kiosks will be located along the trails to give the public information on
the various flora and fauna communities that are found in the preserve.
The hiking trails will be unpaved and cleared in manner sensitive to the
environmental resources.
The existing open grasslands will be maintained and several shrubland fields will be
cleared, in areas that were previously farmed, to provide more diversified wildlife
habitat.
The Laurel Lake Preserve will be open to the public from dawn to dusk, 365 days a
year and will provide opportunities for the public to enjoy a high-quality
recreational, educational, ecological and aesthetic resource.
PROJECT NARRATIVE SUMMARY
The Town of Southold and the County of Suffolk propose to acquire 95.4 acres of
environmentally sensitive land and incorporate it into the Laurel Lake Preserve.
This purchase will enable the Town of Southold and the County of Suffolk to link
the other preserved parcels through a trail system. The trail will be designed,
constructed and maintained by the Town of Southold, creating a 520-acre passive
recreation park which will encompasses most of the land surrounding Laurel Lake.
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B3/1~/2004 1~:19 631-8~2-3203 C~R~CC~OLO PA6L Bi/~i
OFFI~ :E OF THE SUFFOLK COUNTY LEGISLATURE
MICHAEL J, CARA
MEDIA A] VISOR¥
Contact Keys
852 3200
March 18,2004
Sut
Adamow~cz
agdcult~rsl ]
"The
poinled out.
)R CARACCIOLO ANNOUNCES
ADAMOWICZ ACQUISITION
Ik County Legislator Michael J CaraccioJo (R-Baiting Hollow) will hold
:ncc Ftiiiay, March 26 [o anaouxlcc the acquisition of the 69,4-acre
in Mattituck
the ~cquisition of the Adamowicz Property, Legislator Ca~acciolo
of both County and Town efforts to maintain Southold's
rural character,
aisition of the Adarnowicz Property goes a long way in ensuring such
perties will be preserved for future generations," Legislator Caxacciolo
time ami location of the Press Conference are es follows:
Friday, ~.tarcl~ 26, 2004
11:00 a,m.
Adamowicz Property
South Side of Sound Avenue
Martituck
C E 0 V
, PRESERVATION I
OFFICE OF THE SUFFOLK COUNTY LEGISLATURE
MICHAEL J. CARACCIOLO
COUNTY LEGISLATOR, FIRST DISTRICT
COMMITTEE ON ENVIRONMENT~
PLANNING & AGRICULTURE
CHAIRMAN
COMMITTEE ON RULES
VICE CHAIR
COUNTY SEAT
RIVERHEAD~ N.Y.
FEDERAL & STATE GOVERNMENT
LEGISLATIVE REPRESENTATIVE
COMMITTEE ON MANDATE RELIEF
CHAIRMAN
COMMITTEE ON
PARKS ~ CULTURAL AFFAIRS
VICE CHAIR
PRESS RELEASE
Contact Lisa Keys
852 3200
March 26, 2004
COUNTY ACQUIRES ADAMOWICZ PROPERTY
Suffolk County Legislator Michael J. Caracciolo (R-Baiting Hollow) announced
at a Friday, March 26 Press Conference that the County, in conjunction with the Town of
Southold, has acquired the highly prized 69.4-acre Adamowicz Property in Mattituck.
Legislation to acquire this environmentally important parcel was sponsored by Legislator
Caracciolo.
Under the partnership between Suffolk County and the Town of Southold, Suffolk
will purchase 59.4-acres of the Adamowicz Property with the Town of Southold
purchasing the remaining ten acres. The 69.4-acre purchase was approved under Suffolk
County's Water Protection Fund - Open Space Preservation Program. The property,
which lies on the south side of Sound Avenue in Mattituck, was valued at $27,000 per
acre with a total purchase price of just over $1.6 million. As per an agreement between
Suffolk County and Southold, the town will designate the parcel as a nature preserve and
passive recreational area.
Noting the importance of this acquisition to both Suffolk County and the Town of
Southold, Legislator Caracciolo explained that the parcel would stay completely
undeveloped. "The acquisition of Adamowicz Property goes a long way in ensuring such
important properties will be preserved for future generations," he said. "The property will
thusly remain a natural habitat for various wildlife and migratory birds."
Southold Supervisor Josh Horton agreed, adding, "This is a landmark acquisition
that further promotes passive outdoor recreation, groundwater protection and the
fostering of the natural habitat of ecologically sensitive areas. Southold will forever
benefit from this initiative."
423 GRIFFING AVENUE - SUITE 2 RIVERHEAD, NEW YORK 11901
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COMMUNFTY
INSIDE:
Classified
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15A
24A
46A
Lovely
Laurel
Lake
T
Main Road. But beyond
miles of trails, woodlands, sand pits,
and the remnants of a summer camp.
Since Camp Malloy closed in
the early 1970s, residents have en-
joyed wandering through the old
campgrounds and trails, even though
the property remained in private
ownership. But late last month, the
town agreed to purchase those 31
acres to preserve one of the last un-
developed parcels surrounding the lake.
In the last 15 years, over 500 acres in the Laurel
Lake area have been preserved through county,
state and Southold Town preservation efforts, ac-
cording to Melissa Spiro, Southold's land preser-
vation coordinator. In April 2004, the county and
here's much more to the land surround-
ing Laurel Lake than meets the eye.
The most noticeable part is the ll-acre
strip between the lake's south shore and
it lie
Hidden
Hikes
town jointly purchased the 70-acre Adamowicz
property just south of Sound Avenue. The Suffolk
County Water Authority also owns a 90-acre well
field east of the lake.
The town plans to map and mark the existing 14
miles of trails and incorporate them
into Laurel Lake Park, but, for now,
it advises people to keep off the
property until it is ready for public
use. Yet the trails are there and
people are using them.
The entrance to Laurel Lake
Park is visible from Main Road. It
consists of the information center,
two baseball fields and a play-
ground. The road to the lake is left of the ballfields,
and it leads to a parking lot. From there, a short
walking trail makes a straight path to the lake.
Laurel Lake is a kettle hole, or a circular fresh-
water lake formed by the glaciers' retreat 10,000
years ago. It sits atop the underground aquifer that
supplies all of Southold with its drinking water and
is home to perch and trout. A New York State fish-
ing license is required to fish in the lake and can be
obtained at the Town Clerk's office.
At the edge of the lake, a well-worn path to the
right leads up into what was once Camp Malloy,
which was operated by the Diocese of Rockville
Centre.
Old "No trespassing" and "No hunting" signs, di-
lapidated wooden shacks and patches of concrete
now overgrown give the property an eerie, you-
shouldn't-be-here quality. Fallen trees outline the
path to the first camp house. Only three of the gut-
ted house's four sides remain. Graffiti and bullet
holes decorate the yellowed wood-shingle siding.
Well-worn dirt trails cut through much of the
terrain. Although they are sandy at some points
and completely covered by an inch of dead leaves
at others, they can be managed by hikers of all lev-
See Laurel Lak®, page 11A
Lake area have'been preserved through county,
state an~ll~thold Town preservation efforts, ac-
cording l~lissa Spiro, Southold's land preser-
vation coordinator. In April 2004, the county and
walking trail makes a straight path to the lake.
Laurel Lake is a kettle ho~iiIr a circular fresh-
water lake formed by the g~rs' retreat 10,000
years ago. It sits atop the uni]~ground aquifer that
and completely covered by an inch of Ceac eaves
at others, they can be managed by hikers of all
See Laurel Lake, page
Above: An old building
from what was once
Camp MaIIoy, located on
Laurel Lake, right.
Below: A sandy path
down to the lake.
Suffolk Times photos
by Barbaraeilen Koch
The Suffolk Times · August 11, 2005. t lA
Laurel Lake...
·,-From page lA
els. with a comfortable pair of sneak-
em It's even easy to wall offthe path
and wander through the tall, leafy
trees since there are few bushes or low
shrubs.
At intervals, the paths are wide and
fiat enough for one car and have man-
made dirt bumps, reminding hikers
that this is very much off-road racing
country. For the most part, though,
the narrow trails cut so deep that they
look like abandoned slalom or bobsled
track~
Heading directly west, at least three
paths branch out in different directions
just after another old camp building.
Along one of these are the remnants
of paved roads that nature is slowly
reclaiming. Eight-foot pine trees jut
out from one slab of concrete, and
among the cracks of another are the
beg. innings of another pine, still only
s~x mches tall.
The cement-lined trail passes though
a shady plot of forest before opening
up to a clearing of sunburnt long grass.
The path forks at a tall, rusted flagpole
a third of the way into the clearing.
Taking the left fork back into the
forest cover, there is light, and it is
easy to think that you have arrived
at the edge of the lake. Instead, the
forest drops down into ar~ immense
sea of sand. It is one big bowl of fine,
clean sand divided into three sections
by patches of half covered trees and
shrubs. Like a military-style food plate,
one of the three sections is bigger than
all the rest. ATV and dirt bike tracks
cover every inch of the pit, giving the
sand a rippling, wind-swept desert feel.
The sand, deposited by glacial melt,
was once mined, though the practice is
now illegal in Southold Town.
Toward the northwest, another pit
has formed a depression now filled
by.ra'.mwater. Small tadpoles and fish
swnn m the dark brown watem
Beyond the second sand pit, there
are more paths and more forest.
It's easy to spend an entire after-
noon following the many winding
paths around Laurel Lake, and with
the town planning to map and mark
exisiting trails, it will soon be easier to
get out of the woods before dark.
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MIDDLE ROAD PO,.T oF RECINN,.G
(SOUND AVENUE)(CR27 - PER DEED)
13'40"E
,.'39.50'
AREAS
PROPOSED LOT 1:
PROPOSED LOT 2:
PROPOSED LOT 3:
435,600 SF / 10.00 AC
87,120 SF / 2.00 AC
2,588,503SF / 59.42 AC
OVERALL:
,3,111,223 SF / 71.z~2 AC
TOTA~ WETLAND AREA: 8.34± ACRES
4522.11'
1149
1150
REFERENCE TO NEW YORK STATF
,PLANE COORDINATE SYSTEM
(NOT TO SCALE)
NOTES
PROPOSED LOT 'UNBR PER SKETCHER BY THE TOWN OF SOUTHOLD AND COUN~P¢ OF SUFFOLK
THE LOCATION OF THE LIPA ~'ASBMENT ~S BASED UPON F~ELD LOCATION OE THE HIGH TENSION UTILITY POLES. PER KEYSPAN,
THE EASEMENT IS SIXTY FEET ~DE, ]HE CENTSB UNE BEING THE CENTER OF THE HIGH TENSION POLES. WHERE TWO POLES
EXIST, THE MIpPOINT BE'PA~EEN ]HE POLES WAS USED AS THE CENTER UNE POINT.
UNDERB[~OUNb, OVERHEAD AND GROUND LEVEL UTIUTIES ARE NOT RUARAN3EED AS TO ACCURACY, EXACT LOCATION, TYPE OR
USE, ACTIVE OR INACTIVE. VERiFICAtION IS MANDATORY WITH MUNICIPAL AGENCIES AND/OR PUBMC OR PRIVATE UTILITY
COMPANIES PRIOR TO CONSTHUCS]ON.
NO PHYSICAE ~ASBNENTS ON PROPER~ UNLESS NOTED. RECORDED EASEMENTS OR RIRHTS-OE-WAY, IF ANY, NOT SHOWN
ARE NOT CERTIFIED,
TITLE REPORT NOT PROVIDED FOR PREPARATION OE SURVEY,
UNAUTHORIZED ALTERATION OR ADDITION TO THIS MAP IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION
LAW, COPIES OF' THIS MAP NOT BEARING THE LAND SURVE-~ORS INKED SEAL OR EMBOSSED SEAL
TO BE A VALID TRU~ COPY. GUARANTEES INDICATED SHALL NOT RE CONSICERED
PREPARED, AN[~ ON HIS BEHALF TO THE ~ C~MpAtjHyER~On~N~SNALL RUN ONLY TO mE PERSON FOR WHOM THE MAP IS
FIELD SURVEy DA~'E: FEBRUARY 5, 2003 & APRIL 25, 2005
CERTIFIED ONLY TO:
THE CO~JNTY OF SUFFOLK
TOWN OF SoU~toLD
FIDEUTY NATIONAL 3]TLE INSURANCE COMPANY
'0'
I
/
-'-7--'POR'nON OF SI1E (ONLY)
DECEMBER 18, 200.3
\
\
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12-18-03
DATE
FIELD UPDATE NORTHWEST CORNER OF PROPERTY ONLY
REVISION
BY:
BOUNDAFIY 8UFIVEY OF PHOPERTY DWN. BY: AH
AS DESCRIBED IN DEED LIBER 9292; PAGE 329
SUFFOLK COUNTY DRINKING WATER PROTECTION PF~ DATE: 05-05-05
LAND NOW OR FORMERLY OF MICHAEL ADAMOWICZ, MARY ADAMOW CZ, CHK'D BY:
MICHAEL ADAMOWICZ Ill AND ELIZABblH MARY ~RASER DAT£~
SITUATED AT M_A__Tr~u_ CK, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK
. _ ~CTM DISTRICT 1000 SEC'~ON 121 BLOCK 5 LOT 4.1 ~os No.:
--- F, LE No.: ooo-1 FINAL
-- NEEL~ON ~. POPEE
5/2 WALT wHrrblAN ROAD, MELVILLE, N.Y. 11747~2188 SCALE: Z"=IO
Nsg'57'OO'W
169.29'
WETLAND AREA 4
N88'11 '20'W
200.66'
S86'54°00-E
LEGEND
· MONUMENT
x -x FENCE
CATCH BASIN
SB6'54'OO'*E
LAND
S~EADMAN
J J
N88'28'50"W
276.40' S88'31
132.00' N80'32'30.w
Eli. AND AREA
SUFFOLK COUNTY DEPARTMENT OF PUBUC WORKS
335 YAPHANK AVENUE
YAPHANK, NEW YORK 11980
COMMISSIONER. CHARLES J. BARTHA, PE
_KEY MAP
(NOT TO SCALE)
pIPE
FOUND
PIN