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HomeMy WebLinkAboutSawicki 1000-125.-3-4.4 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold. New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To; From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Sr. Administrative Assistant Janua~ 31,2011 SAWICKI to TOWN OF SOUTHOLD Development Rights Easement- '10.2620 acres CTM #10004 25.-3-4.4 Location: 2700 Route 25, Laurel Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Grant of Development Rights Easement dated December 9, 2010, between Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki and the Town of Southold, recorded in the Suffolk County Clerk's office on 12/28/2010, in Liber D00012646 at Page 881 · Original title insurance policy #27-031-06-33-24274 issued by Fidelity National Title Insurance Company on December 9, 2010 in the insured amount of $610,102.00 (title #F09-7404-75583SUFF) · Closing Statement Thank you. Melanle encs. cc: Assessors w/copy of recorded easement & survey print SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT Number of Pages: 22 Receipt N-m~er : 10-0148490 TRANSFER TAX NUMBER: 10-10941 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 125.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $610~102.00 Received the Following Fees For Page/Filing $110.00 COE $5.00 TP-584 $5.00 Cert. Copies $14.30 Transfer tax $0.00 TRANSFER TAX NUMBER: 10-10941 Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 12/28/2010 09:37:49 AM D00012646 881 Lot: 004.005 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $199.30 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recordino. Deed / Mortgage Instrument 31 Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Page / Filing Fee Handling 5. 00 TP-:) __ Notation EA-52 17 (County) Sub Total EA-5217 (State) R.RT.S.A. Comm. of Ed. 5. O0 Affidavit ! /t ~7~ 'Other r 10028072 1ooo 4 Dist./z~'~/ ~ Real Property Tax Service Agency Verification 6 e Sub Total Grand Total . 12500 0300 004005 Satisfactions/Discharges/Releases List Property Ow,,' ers Mailing Address RECORD & RETURN TO: //'77 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny, gov/clerk 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax ~-)~e~ ~ ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount C.PF Tax Due $ ~ Improved Vacant Land TD /D TD TD 7 I Title Company Information Co. Name ~n~Da-7_/~'c/ ~.~77d,,V~L Suffolk County Recording & Endorsement Page This page forms part of the attached ~AA]? 6~F ~q/~fl/YYe-A// ~/~#?d' LL--/LCk7~Ti (SPECIFY TYPE OF INSTRUMENT) ~ ~'/C~<, /~A/~l~g~Y ~ E~ZoF The premises herein is situated in ,~ ~s~ OP, ~ ~/c~l SUFFOLK COUNTY, NEW YORK. made by: 7'0 In the TOWN of ~d U 77~/.J '~(1[ or HAMLET of ~ ~ ~ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IMPORT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *~ow need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January l0th and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local ToWn Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brook, haven Town Receiver of Taxes One Independence Hill Farmin~-ille, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 {631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224~5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, Judith A. Pascale Snffolk County Clerk 12 0104-06/06kd GRANT OF DEVELOPMENT RTGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 9th day of December, 2010 at Southold, New York. The parties are Edward Sawicki, individually, and Edward Sawicki, as Executor of the Estate of Stanley Sawicki, P.O. Box 411, Mattituck, NY 11952 (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee'% INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-125-3-4.1 more fully described in Schedule "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by John T. Metzger, Peconic Surveyors, P.C., dated September 24, 2009 and last revised December 7, 2010 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"; and WHEREAS, theP~operty is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS,, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of Six Hundred Ten Thousand One Hundred Two and 00/100 Dollars ($610,102.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HA VEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule "A", free of any mortgages or liens. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law' ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic and agricultural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the ]Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation'S. This Baseline Documentation includes, but need not be limited to, a survey prepared by John T. Metzger, Peconic Land Surveyors, P.C. dated September 24, 2009 and last revised November 30, 2010 and a Phase I Environmental Site Assessment dated September 9, 2009 by Cashin Associates, P.C. Grantor and Grantee acknowledge and agree that in the event a controver.sy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in §301(2)(a)-0) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as such Laws and/or Code may be amended. No future restrictions in said Laws and/or Code or limitation in the definitions set forth in said Laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups 4 whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, fencing used in connection with bona fide agricultural production, or fencing used to mark the boundaries of the Property, including, without limitation, fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTORS, for Six Hundred Ten Thousand One Hundred Two and 00/100 Dollars ($610,102.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the $outhold Town Land Preservation Committee ("Land Preservation Committee'3 and other applicable provisions of the Town Code and !.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; IVlining The excavating, re-grading or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs. Mineral exploitation, and extraction by any method, including but not limited to soil, gravel, sand and hydrocarbons, by any methods, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion contrail and soil management, or in connection with normal agricultural/horticultural activities. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping 6 The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, wires, pipes, wells or drainage systems (~'utilities'~ on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the property. The Property may be used for the creation or placement of utilities to service other adjacent properties used in agricultural production, upon approval of the Land Preservation Committee. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-0) of the Agriculture and I~larkets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. No future restrictions in said Laws and/or Code or limitation in the definitions set forth in said Laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06 or elsewhere in this Easement, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership 8 Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Aqricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be 9 amended. No future restrictions in said Laws and/or Code or limitation in the definitions set forth in said Laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer"U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities, including existing irrigation well shown on the survey, used to supply utilities for the use and enjoyment of the Property or to service other adjacent properties used in agricultural production; (ii) New Construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, and to the extent feasible given considerations of agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. ]0 C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantors shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. 1! ARTICLE FIVE GP-.ANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantor (which approval by Grantor shall not be unreasonably withheld) and by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the ]2 documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. lin the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days' written notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable ]3 .~udgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Properb/and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within fifteen (15) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Nailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver 14 Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. Tn such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. Tf the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. AR-I'~CLE SEVEN MTSCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non- governmental organization, that at the same time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN wl-rNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ESTATE OF STANLEY SAWICK][, Grantor By: Edward Sawic_.ki, Ex~ecutor ~d-v~rcl S~wi~'ki, -- Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee Scott"~. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On thisq~ day of ~ ' in the year 2010 before me, the undersigned, personally appeared Edward Sawicki personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public COUNTY OF SUi-FCLK-~)~$S: p~ITRtCIA L FALLON Notary Public, State .Of New Yorl~ No. 01FA45~'014e Oualified In Sul%Jk(;eun~y . ,, Oommis$ion Expires Al:~lil ~J',. ~--~// ]g On this ~ day of ~- in the year 2010 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRJCJA L. FALLON Notary Public, State Of New Yorl( No 01F'A49E014E Qualified In 8~[~elk ¢oun(y _ Commission Expires Ap~l 24, ]9 FIDELITY NATIONAL TITLE-,INSURANCE COMPANY TITLE NO. 09-7404-75583-SUFF SCHEDULE A-1 (Description) AMENDED 12/09/10 ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, 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 Main Road (S.R. 25) distant South 40 degrees 03 minutes 32 seconds West, 26.19 feet from the northwesterly comer of land now or formerly of Mitchell & Theresa Wilcenski; RUNNING THENCE South 32 degrees 36 minutes 09 seconds East 928.77 feet to the northerly side of the Long Island Railroad; THENCE along the last mentioned land the following six courses and distances: 1) South 33 degrees 32 minutes 10 seconds West, 87.47 feet to a point; 2) North 51 degrees 03 minutes 10 seconds West, 4.02 feet to a point; 3) South 33 degrees 32 minutes 10 seconds West, 8.53 feet to a point; 4) South 33 degrees 37 minutes 00 seconds West, 285.58 feet to a point; 5) South 42 degrees 05 minutes 00 seconds East, 34.05 feet to a point; 6) South 33 degrees 37 minutes 00 seconds West, 240.44 feet to land now or formerly of Gian Marlo Mangieri; THENCE North 33 degrees 27 minutes 54 seconds West along the last mentioned land 742.32 feet to a monument and land now or formerly of Melinda Vitale; THENCE North 33 degrees 03 minutes 10 seconds West along the last mentioned 123.22 feet to a point; THENCE North 54 degrees 17 minutes 10 seconds East 492.52 feet to a point; THENCE North 33 degrees 03 minutes 10 seconds West, 290.00 feet to the southerly side of Main Road (S.R. 25); THENCE North 40 degrees 03 minutes 32 seconds East along the southerly side of Main Road, 91.62 feet to the 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 with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining saidpremises. SCHEDULE A-I (Description) OFidelity National Title Insurance Company Policy Number: 27-031-06-33- AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora- tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: I. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. Unmarketable Title. No right of access to and from the Land. - The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection FORM 27-031-06-33 ALTA Owner's Policy (6 17 06) w/New York coverage Endorsement Appended if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by it duly authorized officers. Counter -- : ~~onzeO ~/~gnature Fidelity National Title Insurance Company President FORM 27-031-06-33 .~lb *' ALTA Owner's Policy (6~ 17 06) w/New York coverage Endorsement Appended OFidelity National Title Insurance Company Policy No.: 27-031-06-33-24274 Title No.: F09-7404-75583SUFF Amount of Insurance: $610,102.00 1. Name of Insured: SCHEDULE A Date of Policy: December 9, 2010 at 9:00 AM Town of Southold The estate or interest in the land which is covered by this policy is: Grant of Development Rights Easement Title to the estate or interest in the land is vested in: Town of Southold Development Rights Easement made by Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki dated December 9, 2010, recorded December 28, 2010 in the Suffolk County Clerk's Office in Liber 12646 page 881. The land referred to in this policy is described as follows: See Schedule A-I (Description), following. Schedule A Owner's Policy Page Rev (02/04) OFidelity National Title Insurance Company Policy No: 27-031-06-33-24274 Title No.: F09-7404-75583SUFF SCHEDULE A-1 Description AMENDED 12/09/10 ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, 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 Main Road (S.R. 25) distant South 40 degrees 03 minutes 32 seconds West, 26.19 feet from the northwesterly corner of land now or formerly of Mitchell & Theresa Wilcenski; RUNNING THENCE South 32 degrees 36 minutes 09 seconds East 928.77 feet to the northerly side of the Long Island Railroad; THENCE along the last mentioned land the following six courses and distances: 1) South 33 degrees 32 minutes 10 seconds West, 87.47 feet to a point; 2) North 51 degrees 03 minutes 10 seconds West, 4.02 feet to a point; 3) South 33 degrees 32 minutes 10 seconds West, 8.53 feet to a point; 4) South 33 degrees 37 minutes 00 seconds West, 285.58 feet to a point; 5) South 42 degrees 05 minutes 00 seconds East, 34.05 feet to a point; 6) South 33 degrees 37 minutes 00 seconds West, 240.44 feet to land now or formerly of Gian Mario Mangieri; THENCE North 33 degrees 27 minutes 54 seconds West along the last mentioned land 742.32 feet to a monument and land now or formerly ofMelinda Vitale; THENCE North 33 degrees 03 minutes 10 seconds West along the last mentioned 123.22 feet to a point; THENCE North 54 degrees 17 minutes 10 seconds East 492.52 feet to a point; THENCE North 33 degrees 03 minutes 10 seconds West, 290.00 feet to the southerly side of Main Road (S.R. 25); THENCE North 40 degrees 03 minutes 32 seconds East along the southerly side of Main Road, 91.62 feet to the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 2 Rev. (02/04) OFidelity National Title Insurance Company Policy Number: 27-031-06-33-24274 Title No.: F09-7404-75583SUFF 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: 1. Rights of tenants and persons in possession. 2. Notice of Appropriation in Liber 8238 page 172 and Liber 9003 page 376. 3. Survey made by Peconic Surveyors, P.C. dated 11/30/10 (redated 12/07/10) shows (as to premises) a building; farm field and an irrigation well; dirt farm road crosses premises; pond partly within premises; fence and evergreens at variation with easterly line; also shows a right of way crossing a portion of the easterly part of premises. Schedule B Owner's Policy Page 3 Rev, (02/04) OFidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement conixols. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA LOAN POLICY (6-17-06) ExcLuSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land: (iii) the subthvision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8, 3. Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company. not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however. this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be in- creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and I 1 of these Conditions. (b) "DateofPolicy": Thedatedesignatedas"DateofPolicy'inScheduleA. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tthguished from pumhase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A). (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any prop- erty beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru- ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to FORM 27-031-06-33 Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (i) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice, 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defecL lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amomrt of the loss or damage. DEFENSE AND PROSECUTION OFACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exemise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asseits a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany is prejudiced by the failure of the Insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reason able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga tions of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy, In addi- tion, the Company will pay any costs, attorneys' fees, and expenses incurred by the insured Claimant that were authorized by the Com- pany up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho FORM 27-031-06-33 . . rized by the Company up to the time of payment and that the Com- pany is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the lnsured Claimant who has suflbred loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) theAmount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent juris- diction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liabil- ity voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the lnsured Claimant has against any person or property, to the extent of the amount of any loss, cos[s, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimam shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of insurance is in excess of $2,000,000 shall be arbitraled only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) ChoiceofForum: Anylitigationorotherproceedingbroughtbythelnsured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Company Attn: Claims Department RO. Box 45023 Jacksonville, Florida 32232 5023 FORM 27-031-06-33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Es[ate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Managers Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spire, Land Preservation Coordinator Date: December 10, 2010 Re: SAWICKI to TOWN OF SOUTHOLD plo SCTM #1000-125.-3-4.1 Please be advised that the Town has acquired a development rights easement on the agricultural property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 2700 Route 25, Laurel SCTM #: part of 1000-125,-3-4.1 PROPERTY OWNERS: Estate of Stanley Sawicki, Edward Sawicki, As Executor & Individually PURCHASE DATE: Thursday, December 9, 2010 PURCHASE PRICE: $ 610,102.00 (based on 9.106 buildable acres @ $67,000/buildable acre) TOTAL PARCEL ACREAGE: 13.0464 acres EASEMENTACREAGE: RESERVED AREAS: 10.2620 acres (includes 0.0391 acre pond area and 1,117 acres residential lot bulk schedule code requirement - not included in purchase pdce) Reserve Area "A" = 2.5556 acres - includes two existing residential homes and accessory structures Reserve Area "B" = 0.2287 acre - includes right-of-way providing existing access to other parcels ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: The design of the Easement Area resulted in a Reserve Area of 2.5556 acres including 2 existing residential dwellings. The Town Code Bulk Schedule requires 80,000 sq. ff. (1.84 acres) per residential dwelling. Payment for the Easement Area did not include 1.117 acres [3.68 acres (bulk schedule requirement) minus 2.5556 acres (Reserve Area) = 1.117 acres within Easement net eligible for payment] in order to comply with the Town Cod~ Bulk Schedule requirement. CLOSING STATEMENT ESTATE OF STANLEY SAWICKI, EDWARD SAWICKI, AS EXECUTOR AND INDIVIDUALLY to TOWN OF SOUTHOLD Total Development Rights Easement- 10.2620 acres Pond Area - 0.0391 acre (not included in purchase price) Residential Lot Bulk Schedule Code Requirement- 1.117 acres (not included in purchase price) Total Parcel Acreage - 13.0464 acres Reserved Area - 2.5556 acres Right-of-Way Area - 0.2287 acre Premises: 2700 Route 25, Laurel Part of SCTM #1000-125.-3-4.1 Closing took place on Thursday, December 9, 2010 at 9:30 p.m., Southold Town Hall Annex Purchase Price of $ 610,102.00 (based upon 9.106 buildable acres @ $67,0001buildable acrs) disbursed as follows: Payable to Edward Sawicki, As Executor $ 406,734.66 Check #107981 (12/9/2010) Payable to Edward Sawicki $ 203,367.34 Check #107984 (12/9/2010) Expenses of Closing: Appraisal Payable to Elinor Brunswick, MAI Check #99042 (12116~2008) $ 2,500.00 Survey Payable to Peconic Surveyors, P.C. Check #103591 (12/15/2009) $ 2,850.00 Environmental Report (Phase I ESA) Payable to Cashin Associates, P.C. Check #102574 (10/612009) $ 1,100.00 Title Report (09-7404-75583-SUFF) Payable to Fidelity National Title Insurance Co. Check #107983 (12/9/2010) Title insurance policy $ 2,517 Recording easement $ 260 $ 2,777.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #107982 (121912010) $ 100.00 Those present at Closing: Scoff A. Russell Lisa Clare Kombrink, Esq. Edward Sawicki Abigail A. Wickham, Esq. Doreen Sawicki Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller Seller's daughter Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWN OF SOUTHOLD VENDOR 019090 EDWARD SAWICKI, AS EXECUTOR 12/09/2010 CHECK 107981 FUND & ACCOUNT P.O,~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 TBR707 120910 SAWICKI-10.49 AC DEV RGT 406,734.66 TOTAL 406,734.66 TOWN OF SOUTHOLD VENDOR 019092 EDWARD SAWICKI 12/09/2010 CHECK 107984 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT .8660.2.600.100 TBRT07 120910 SAWICKI-10.49 AC DEV RGT 203,367.34 TOTAL 203,367.34 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 8 HUNTINGTON, NEW YORK 11743 (631) 421-2344 FAX (631 ) 424-9246 E-Mail: Bmnswlckappraisal corp~vlSN.eom Sanford S. Brunswick Elinor Bmnswiek, MAI State Certified General Appraisers Armand Brunswick, MAI 1881-1960 November 14, 2008 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator Development Rights Easement Acquisition Sawicki Property Tax Map Number: 1000-125-3-4.001 INVOICE# 1000-09 Real Estate Appraisal $2,500 GL108S 20 TOWN OF SOUTHOLD D$sburs Inquiry by Vendor Name View i ** Actual Hi .............. Detail--GL100N .............. Vendor.. 005409 ELINOR BRUNSWICK, M : W-12162008-453 Line: 115 Formula: 0 : Y=Select : Account.. H3 .600 : - JE Date Trx. Date Fund Account : Acct Desc ACCOUNTS PAYABLE : ............................. Begi : Trx Date ..... 12/16/2008 SDT 12/16/08 : . . 3/11/2008 3/11/2008 H3 .600 : Trx Amount... 2,500.00 : . . 5/06/2008 5/06/2008 H3 .600 : Description.. APPRAISAL-SAWICKI PROPT¥ : . . 9/09/2008 9/09/2008 H3 .600 : Vendor Code.. 005409 : 9/23/2008 9/23/2008 H3 .600 : Vendor Name.. ELINOR BRUNSWICK, MAI : iYi 12/16/2008 12/16/2008 H3 .600 : Alt Vnd.. 1/20/2009 1/20/2009 H3 .600 : CHECK ........ 99042 SCNB 2/24/2009 2/24/2009 H3 .600 : Invoice Code. 1000-09 2/02/2010 2/02/2010 H3 .600 : VOUCHER ...... 2/23/2010 2/23/2010 H3 .600 : P.O. Code .... 19280 3/23/2010 3/23/2010 H3 .600 : Project Code. 8/10/2010 8/10/2010 H3 .600 : Final Payment F Liquid. 9/07/2010 9/07/2010 H3 .600 : T~pe of 1099. N BOX. Addl. 10/05/2010 10/05/2010 H3 .600 : Fixed Asset.. Y 11/04/2010 11/04/2010 H3 .600 : Date Released 12/16/2008 : Date Cleared. 1/31/2009 ................................ E : F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prev View : CANNOT FORWARD. END OF FILE TOWN OF SOUTHOLD V~NDOR 005409 ELINOR BRUNSWICK, MAI 12/16/2008 CHECK 99042 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 19280 1000-09 APPRAISAL-SAWICKI PROPTY 2,500.00 TOTAL 2,500.00 f:O ~ 1. NO 6~ O0000N $2,500.00 PECONIC SURVEYORS, P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 September 28, 2009 Department of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971 FOR PROF. ESSIQISI. A.L SERVICES RENDERED, At-tn: Melissa A. ~splro Re:SAWICK[ ESTATE to TOWN OF SOUTHOLD JOB #09-167 SURVEY SHOWING DEVELOPMENT RIGHTS EASEMENT (INCLUS[VE OF GUARANTEES) TOTAL DUE SUFFOLK COUNTY TAX MAP # 1000-125-03-4.1 2,850.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquir~ by Vendor Name View I ** Actual Hi .............. Detail--GL100N .............. Vendor.. 016144 PECONIC SURVEYORS, : W-12152009-810 Line: 345 Formula: 0 : Y=Select - JE Date Trx. Date Fund Account ......................... Use 2/13/2007 2/13/2007 H3 .600 2/13/2007 4/24/2007 4/24/2007 4/24/2007 5/08/2007 5/08/2007 8/14/2007 2/13/2007 4/24/2007 4/24/2007 4/24/2007 5/08/2007 5/08/2007 8/14/2007 ,, 10/09/2007 10/09/2007 ,, 5/06/2008 5/06/2008 6/17/2008 6/17/2008 11/18/2008 11/18/2008 .Y. !2/15/2009 12/15/2009 H3 .600 H3 600 H3 600 H3 600 H3 H3 H2 H H H3 H3 H3 Acti 600 600 600 600 1620.2.4 600 600 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 12/15/2009 SDT 12/15/09 : Trx Amount... 2,850.00 : Description.. BOUNDARY SURVEY-SAWICKI : Vendor Code.. 016144 : Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. : CHECK ........ 103591 SCNB : Invoice Code. 09-167 : VOUCHER ...... : P.O. Code .... 20130 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 12/15/2009 : Date Cleared. 12/31/2009 : F3=Exit F12=Cancel : TOWN OF SOUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C. 12/15/2009 CHECK 103591 FL;ND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 20130 09-167 BOUNDARy SURVEY-SAWICKI 2,850.00 TOTAL 2,850.00 Oashin iaces, P.C. [~N(~IN~I~ING - PLANNIN~T~UOT~ON MANA(~M~NT September 3, 2009 Project No: 9003.010 Invoice No: 0019954 Melanie Doroski Town of Southold PO Box 1179 Southold NY 11971 Phase I Environmental Site Assessment for property located at 2700 NYS Route 25, Laurel, NY (SCTM 1000- 125.-3-4.1 Professional Services: Au.ri'-'~f 11 2009 throuRh September 3, 2009 Fee 1,100,00 Total this invoice $1,100.00 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 003079 CASHIN ASSOCIATES, Y=Select JE Date Trx. Date Fund Account ............................. Begi .. 10/21/2008 10/21/2008 H3 .600 .. 10/21/2008 10/21/2008 ~3 .600 ~ 10/06/2009 10/06/2009 H3 .600 ,, 5/04/2010 5/04/2010 H .600 .. 11/30/2010 11/30/2010 H .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10062009-195 Line: 35 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/06/2009 SDT 10/05/09 : : Trx Amount/.. 1,100.00 : : Description.. PHASE 1-SAWICKI PROPERTY : : Vendor Code.. 003079 : : Vendor Name.. CASHIN ASSOCIATES, P.C. : : Alt Vnd.. : : CHECK ........ 102574 SCNB : : Invoice Code. 0019954 : · VOUCHER · : P.O. Code .... 20129 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 10/06/2009 : : Date Cleared. 10/31/2009 : : F3=Exit F12=Cancel : : : TOWN OF SOUTHOLD VENDOR 003079 CASHIN ASSOCIATES, P.C. 10/06/2009 CHECK 102574 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 20129 0019954 PRASE 1-SAWICKI PROPERTY 1,100.00 TOTAL 1,100.00 FIDELITY NATIONAL TITLE INSURANCE COMPANY 24 Commerce Drive, Riverhead, New York 11901 631-727-0600 fax 6~1-727-0606 FAIR MARKET VALUE RIDER (OPTIONAL) PREMIUM MORTGAGE INSI~RANCE COVERAGE PREMIUM ENDORSEMENTS: W~iver of AdJus~sbJe Rate Rhier NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mo~ga~ee) MORTGAGE TAX (Mo~agor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE ( ) MORTGAGe(S) ( ) CON~OLH)ATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) ASSiGNMeNT(S) ( ) ru~L.r~G mA~ CONTrACt TO~AL C.,ARGES CLOSER CHARGES, IF ANY: PICK-UP FEE: OTHER: TOWN OF SOUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 12/09/2010 CHECK 107983 FUND & ACCOUNT P.O. ~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 TBR707 09740475583SUA SAWICKI-TITLE INS.POLICY 2,517.00 TBR707 09740475583SUB SAWICKI-RECORD EASEMENT 260.00 TOTAL 2,777.00 I IIB TOWN OF SOUTHOLD VENDOR 006013 PATRICIA FALLON 12/09/2010 CHECK 107982 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 TBR707 09740475583SUF SAWICKI-TITLE CLOSE.FEE 100.00 TOTAL 100.00 III